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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-02-19 L. MINUTES OF THE SIX HUNDRED THIRTY-NINTH REGULAR MEETING 10203 OF THE COUNCIL OF THE CITY OF LIVONIA On February 19, 1969, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:37 P. M.. Councilman McCann delivered the invocation. Roll was called with the following result: Present--Edward H. McNamara, Rudolf R. Kleinert, Peter A. Ventura, Jerry Raymond, Robert E.McCann, Robert F. Nash and Edward G. Milligan. Absent--None. Elected and appointed officials present Virginia G. Handzlik, Deputy City Clerk, Harry C. Tatigian, City Attorney, Robert A. Shaw, Director of Public Works, William J. Strasser, City Engineer, John T. Dufour, Superintendent of Parks and Recreation, Carl Demek, Superintendent of Operations Division, Donald Nicholson, LDirector of Public Safety, Ed Siemert, Assistant City Engineer; Don Hull, City Plan- ner; Dan Andrew, Industrial Coordinator, John Nagy, Assistant City Planner, Henry Sieferd, City Assessor; Victor C. Phillips, Budget Director, Thomas J. Griffiths,Jr. , Chief Accountant, Raymond Danaher, Budget Analyst, Robert Bennett, Zoning Board of Appeals, and Harry Wrightman, Planning Commission. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopt- ed, it was #125-69 RESOLVED, that the minutes of the 638th regular meeting of the Council of the City of Livonia, held February 5, 1969, are hereby approved. By Councilman Milligan, seconded by Councilman Raymond, it was #126-69 RESOLVED, that the communication from the Mayor, dated February 19, 1969, relative to the acceptance of bids for swimming pools, was tabled to the Study Session of the Council immediately following this Regular Meeting. A roll call vote was taken on the foregoing resolution with the following result' AYES' Raymond, Nash, Milligan, Ventura and McNamara. NAYS: McCann and Kleinert. The President declared the resolution adopted. 10204 By Councilman Nash, seconded by Councilman Ventura, it was #127-69 RESOLVED, that having considered a communication from the Mayor, dated February 19, 1969, and before determining to install paving and drainage on Stark Road from Plymouth Road to Lyndon and on Lyndon Avenue from Stark Road to Farmington Road in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquen- cies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 3.03 of Ordinance No. 401, as amended. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS : None. By Councilman Milligan, seconded by Councilman Kleinert, it was #128-69 RESOLVED, that having considered a communication from the Mayor, dated February 19, 1969, and before determining to install paving and drainage on Stark Road from Plymouth Road to Lyndon and on Lyndon Avenue from Stark Road to Farmington Road in the City of Livonia, the cost of which is to be defrayed by special assessment, the Council does hereby request and authorize the Department of Public Works to do all things necessary, in accordance with the provisions of the Financial Ordinance, Ordinance No. 216, as amended, for the purpose of preparing specifications and thereafter advertising and taking bids with respect to the proposed improvement project. A roll call vote was taken on the foregoing resolution with the following result AYES • Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS : None. By Councilman Nash, seconded by Councilman Milligan, it was #129-69 RESOLVED, that having considered the letter from the Mayor, dated February 19, 1969, with respect to the paving of Stark Road (Plymouth to Lyndon) and Lyndon Avenue (Stark to Farmington), the Council does hereby refer the same to the Streets, Roads and Plats Committee. A roll call vote was taken on the foregoing resolution with the following result. AYES • Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS . None. L10205 The following preamble and resolution were offered by Councilman Ventura and supported by Councilman Raymond. #130-69 WHEREAS, Special Assessment Rolls, more particularly hereinafter described, for the construction of street improvements in the City of Livonia have been prepared, reviewed and confirmed by the City Council, and WHEREAS, the City Council deems it to the best interest to borrow and issue bonds in anticipation of the collection of a part of said special assessments; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The estimated period of usefulness of each of said public improvements is not less than twenty (20) years. 2. Special Assessment Bonds to be issued in the amount of Eight Hundred Eighty Thousand ($880,000.00) Dollars in anticipation of the collection of the future due and unpaid installments of special assess- ments on the special assessment rolls hereinafter in this Paragraph 2 set forth, the principal amount of special assessments for each roll pledged for the payment of said bonds to be as follows Special Assessment Roll No. 26 $ 75,990.00 Special Assessment Roll No. 27 13,550.00 Special Assessment Roll No. 28 1,950.00 Special Assessment Roll No. 29 118,340.00 Special Assessment Roll No. 30 700.00 Special Assessment Roll No. 31 7,390.00 Special Assessment Roll No. 32 10,380.00 Special Assessment Roll No. 36 5,050.00 Special Assessment Roll No. 42 32,730.00 Special Assessment Roll No. 53 37,840.00 Special Assessment Roll No. 55 9,050.00 Special Assessment Roll No. 58 272,860.00 Special Assessment Roll No. 59 100,680.00 Special Assessment Roll No. 60 193,490.00 In addition to the special assessments as aforesaid, the full faith, credit and resources of the City of Livonia shall be pledged for the prompt pay- ment of the principal and interest on said bonds as the same become due. Said bonds shall consist of one hundred seventy-six (176) bonds of the denomination of $5,000.00 each, numbered consecutively in direct order of maturity from 1 upwards, dated June 1, 1969, and payable serially, without option of prior redemption, as follows $ 50,000.00 April 1, 1970, $ 100,000.00 April 1st of each of the years 1971 and 1972, $ 75,000.00 April 1, 1973, $100,000.00 April 1st of each of the years 1974, 1975 and 1976, $ 75,000.00 April 1st of each of the years 1977, 1978 and 1979, $ 5,000.00 April 1st of each year from 1980 to 1983, inclusive, $ 10,000.00 April 1, 1984. 10206 Said bonds shall be designated 1969 SPECIAL ASSESSMENT STREET BONDS . 3. Said bonds authorized by the provisions of this resolution shall bear interest at a rate or rates not exceeding five and eight-tenths per cent (5.80%) per annum, payable April 1, 1970, and semi- annually thereafter on October 1st and April 1st of each year. Both principal and interest on said bonds shall be payable at a bank or trust company qualified to act as paying agent designated by the purchaser of the bonds. The liability of each special assessment district shall be limited to the principal amount set forth above and interest thereon. 4. Said bonds shall be signed in the name of the City by the Mayor and countersigned by the City Clerk and City Treasurer and shall bear the City Seal, and the interest coupons annexed thereto shall bear the facsimile signatures of the Mayor and City Treasurer. Said bonds, when executed, shall be delivered to the Treasurer and be delivered by him to the purchaser thereof upon payment of the purchase price thereof in accordance with the bid therefor, when accepted. 5. Said bonds and the attached coupons shall be in sub- stantially the following form. UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA 1969 SPECIAL ASSESSMENT STREET BOND No. $5,000.00 KNOW ALL MEN BY THESE PRESENTS that the City of Livonia, County of Wayne, State of Michigan, acknowledges itself to owe and for value received hereby promises to pay to bearer hereof the sum of FIVE THOUSAND DOLLARS lawful money of the United States of America, on the first day of April, A.D. , 19 , with interest thereon from the date hereof until paid at the rate of per cent ( %) per annum, payable April 1, 1970, and semi-annually thereafter on the first day of October and April of each year, on presentation and surrender of the annexed interest coupons as they severally become due. Both principal and interest on this bond are payable at and for the prompt payment of this bond, both principal and interest, the' full faith and credit of the City of Livonia are hereby irrevocably pledged. 10207 This bond is one of a series of one hundred seventy-six (176) bonds of even date and like tenor, except as to date of maturity aggregating the principal sum of $880,000.00, issued in anticipation of the collection of special assessments in Special Assessment Districts Nos. 26, 27, 28, 29, 30, 31, 32, 36, 42, 53, 55, 58, 59 and 60, for the purpose of constructing street improvements in mid Districts, and is issued in accordance with the City Charter and with a resolution of the City Council of the City of Livonia duly adopted on February 19, 1969. This bond is not subject to prior redemption. This bond is payable out of special assessments to be collected on special assessment rolls numbered 26, 27, 28, 29, 30, 31, 32, 36, 42, 53, 55, 58, 59 and 60: Provided, However, that the liability of each special assessment district shall be limited to payment of the amounts and interest thereon as set forth in the bonding resolution or in the case of the insufficiency of said special assessments, out of the general funds of the City, and it is hereby certified and recited that all acts, conditions and things required by law precedent to and in the issuance of this bond and the series of bonds of which this is one have been done, exist and have happened in regular and due time and form as required by law, and that the total indebtedness of said City, including this bond, does not exceed any constitutional, statutory or charter debt limitation. IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of Michigan, by its City Council, has caused this bond to be signed by its Mayor and countersigned by its City Clerk and City Treasurer and the annexed interest coupons to be executed with the facsimile signatures of its Mayor and City Treasurer, all as of the first day of June, A.D., 1969. CITY OF LIVONIA By Mayor (Seal) Countersigned• City Clerk City Treasurer (Form of Coupon) No. $ On the first day of , A.D. , 19 , the City of Livonia, County of Wayne, State of Michigan, will pay to bearer hereof the sum shown hereon at being the interest due that date on its 1969 Special Assessment Street Bond dated June 1, 1969, No. Mayor City Treasurer 10208 6. The City Clerk shall make application to the Municipal Finance Commission for an order granting permission for the issuance of said bonds and approval of the form of notice of sale, and upon receipt of such approval, the City Clerk shall cause notice of sale of said bonds to be published in the Bond Buyer, New York, New York, and The Livonian, a newspaper circulated in the City of Livonia, at least seven (7) full days before the date fixed for sale of the bonds, which notice of sale shall be in substantially the following form OFFICIAL NOTICE OF SALE CITY OF LIVONIA COUNTY OF WAYNE, MICHIGAN $880,000.00 1969 SPECIAL ASSESSMENT STREET BONDS Sealed bids for the purchase of the above bonds will be received by the undersigned at his office in the City Hall in the City of Livonia, Michigan, until 7 00 o'clock p.m. , Eastern Standard Time, on the day of , 1969, at which time and place said bids will be publicly opened and read. Said bonds will mature serially, without option of prior redemp- tion, as follows $ 50,000.00 April 1, 1970, $ 100,000.00 April 1st of each of the years 1971 and 1972, $ 75,000.00 April 1, 1973, $ 100,000.00 April 1st of each of the years 1974, 1975 and 1976, $ 75,000.00 April 1st of each of the years 1977, 1978 and 1979, $ 5,000.00 April 1st of each year from 1980 to 1983, inclusive, $ 10,000.00 April 1, 1984. Interest on said bonds will be payable on April 1, 1970, and semi- annually thereafter on October 1st and April 1st of each year. Said bonds will be dated June 1, 1969, will be coupon bonds in the denomination of $5,000.00 each, will be numbered consecutively in direct order of maturity from 1 upwards, and will bear interest from their date at a rate or rates not exceeding five and eight-tenths per cent (5.80%) per annum, expressed in multiples of 1/8 or 1/20 of 1%, or both. The interest rate on any one bond shall be at one rate only and all bonds maturing in any one year must carry the same interest rate and each coupon period shall be represented by one interest coupon. Both principal and interest will be payable at a bank or trust company to be designated by the purchaser of the bonds, and which paying agent qualifies as such under the statutes of the State of Michigan or of the Federal Government, and which paying agents are approved by the City Council. Accrued interest to the date of delivery of such bonds must be paid by the purchaser at the time of delivery. For the purpose of awarding the bonds the interest cost of each bid will be computed by determining, at the rate or rates specified there- in, the total dollar value of all interest on the bonds from (here insert 10209 Lthe first day of the month next following the date of receiving bids, or the date of the bonds, whichever is later) to their maturity and deducting therefrom any premium. The bonds will be awarded to the bidder whose bid on the above computation produces the lowest interest cost to the City. No proposal for the purchase of less than all of the bonds herein offered, or at a price less than their par value, will be considered. Said bonds are issued in anticipation of the collection of special assessments on Special Assessment Rolls Nos. 26, 27, 28, 29, 30, 31, 32, 36, 42, 53, 55, 58, 59 and 60. The liability of each of the Special Assessment Districts shall be limited in the manner provided in the bond- authorizing resolution. In addition to the foregoing, said bonds pledge the full faith and credit of the City of Livonia for their payment. A certified or cashier's check in the amount of $17,600.00, drawn upon an incorporated bank or trust company, payable to the order of the Treasurer of the City of Livonia, must accompany each bid as a guaranty of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid is accepted and the bidder fails to take up and pay for the bonds. No interest will be allowed on the good faith checks, and checks of the unsuccessful bidders will be promptly returned to each bidder's representative or by registered mail. L Bids shall be conditioned upon the unqualified opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, approving the legality of the bonds, which opinion will be furnished without expense to the purchaser of the bonds prior to the delivery thereof. The City shall furnish bonds ready for execution at its expense. Bonds will be delivered at Detroit, Michigan. The usual closing documents, including a certificate that no litigation is pending affecting the issuance of said bonds, will be delivered at the time of delivery. The right is reserved to reject any or all bids. Envelopes containing the bids should be plainly marked "Proposal for Bonds." Clerk, City of Livonia APPROVED: STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION 7. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. L A roll call vote was taken on the foregoing resolution with the following result AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. 102:10 By Councilman Nash, seconded by Councilman Raymond, it was #131-69 RESOLVED, that Items 1 and 2 on the agenda, with respect to the roll call vote on proposed amendments to the Zoning Ordinance and Map, relative to Petitions 68-4-1-13 and 68-4-1-11, be deferred until after consideration of Item No. 3, relative to Petition 68.4-1-12. A roll call vote was taken on the foregoing resolution with the following result AYES : Raymond, McCann, Nash, Milligan, Ventura and McNamara. NAYS' Kleinert. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Kleinert, it was #132-69 RESOLVED, that having considered the report and recommendation dated June 18, 1968 from the City Planning Commission which sets forth its resolution #5-59-68 in regard to Petition #68-4-1-12 submitted by Schostak Brothers and Company, Inc. , for a change of zoning or property located north of Seven Mile Road, west of Farmington Road, in the South- east 1/4 of Section 4 from RUFA to ML, and the Council having conducted a public hearing with regard to this matter on October 7, 1968, the Council does hereby concur with the recommendation of the Planning Commis- sion and the said Petition #68-4-1-12 is hereby approved for that portion of the property covered by the following modified legal description which excludes the Flood Plain Area. "That part of the S. E. 1/4 of Section 4, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as: Beginning at a point distant S. 89° 57' 10" W. , 1,326.30' measured along the S. line of said Section 4 and N. 0° 05' 00" E. , 600.00' from the S. E. corner of said Section 4; thence N. 0° 05' 00" E. , 2,038.78' , thence N. 89° 48' 30" E. 711.83' , thence S. 0° 00' 50" E. , 1,635.56' , thence N. 89° 57' 10" E. , 108.80' , thence S. 0° 00' 50" E. , 180.00' ; thence S. 89° 57' 10" W. , 200.00' , thence S. 62° 55' 45" W. , 275.11' , thence S. 0° 00' 50" E., 100.00' , thence S. 89° 57' 10" W., 379.08' to the point of beginning, containing 32.48 acres." EXCEPT "That part of the S. E. 1/4 of Section 4, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as Beginning at a point distant S. 89° 48' 30" W. , 610.00' and N. 0° PO' 50" W. , 2,261.95' from the S. E. corner of said Section 4; thence N. 0° 00' 50" W. , 380.00' , thence S. 89° 48' 30" W., 480.00' , thence S. 0° 00' 50" E. , 50.00' , thence S. 80° 00' 00" E. , 340' ; thence S. 21° 20' 00" E. , 289.30' ; thence N. 89° 48' 30" E , 40.00' to the point of beginning, containing 1.45 acres more or less. 10211 and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. *The President relinquished the Chair to the Vice-President at 9.09 p. m. , to speak on the above motion, and resumed the Chair at 9:10 p. m. By Councilman Milligan, seconded by Councilman Raymond, it was RESOLVED, that having considered the report and recommendation dated June 18, 1968 from the City Planning Commission which sets forth its resolution #5-59-68 in regard to Petition *68-4-1-12 submitted by Schostak Brothers and Company, Inc. , for a change of zoning of property located north of Seven Mile Road, west of Farmington Road, in the Southeast 1/4 of Section 4 from RUFA to ML, and the Council having conducted a public hearing with regard to this matter on October 7, 1968, the Council does hereby table this matter to the study session immediately following this Regular Meeting. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond and Milligan. NAYS: McCann, Nash, Kleinert, Ventura and McNamara. The President declared the resolution denied. *The President relinquished the Chair to the Vice-President at 9.22 p. m. , to speak on the above motion, and resumed the Chair at 9:25 p. m. By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that having considered the report and recommendation dated June 18, 1968 from the City Planning Commission which sets forth its resolution #5-59-68 in regard to Petition *68-4-1-12 submitted by Schostak Brothers and Company, Inc. , for a change of zoning of property located north of Seven Mile Road, west of Farmington Road, in the Southeast 1/4 of Section 4 from RUFA to ML, and the Council having conducted a public hearing with regard to this matter on October 7, 1968, the Council does hereby refer this matter to the study session immediately following this Regular Meeting. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Milligan and Ventura. NAYS : McCann, Nash, Kleinert and McNamara. The President declared the resolution denied. 10212 •L A roll call vote was taken on the original resolution with the following result AYES • McCann, Nash, Kleinert and McNamara. NAYS : *Raymond, Milligan and Ventura. The President declared the resolution adopted. *Councilman Raymond made the following statement My 'no' vote is cast based on the only interpretation that this Council can follow, as given by the Depart- ment of Law that this vote might be binding and have evidentiary value if ruled upon by a Court of Law. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance . AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED L AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO RE' PETITION NO. 68-4-1-13 FOR CHANGE OF ZONING FROM RUFA to PS, INTRODUCED BY COUNCILMAN VENTURA ON JANUARY 29, 1969. By Councilman Nash, seconded by Councilman Raymond, it was RESOLVED, that the roll call vote on proposed amendment to the Zoning Ordinance and Map with respect to Petition 68-4-1-13, be tabled until such time as the ML zoning in this area is clarified. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Nash and McNamara. NAYS : McCann, Milligan, Kleinert and Ventura. The President declared the resolution denied. A roll call vote was taken on the foregoing Ordinance with the following result AYES. Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. LNAYS: None. The President declared the Ordinance adopted, and would become effective on publica- tion. 102 3 Councilman Ventura took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO RE: PETITION NO. 68-4-1-11 FOR CHANGE OF ZONING FROM RUFA to R-7, INTRODUCED BY COUNCILMAN VENTURA ON JANUARY 29, 1969. By Councilman Raymond, seconded by Councilman Nash, it was RESOLVED, that the roll call vote on the proposed amendment to the Zoning Ordinance and Map with respect to Petition 68-4-1-11, be tabled until such time as the ML zoning in this area is clarified. A roll call vote was taken on the foregoing resolution with the following result. AYES • Raymond and Nash. NAYS . McCann, Milligan, Kleinert, Ventura and McNamara. The President declared the resolution denied. *Councilman Nash was excused at 9 4o p. m. A roll call vote was taken on the foregoing Ordinance with the following result AYES: McCann, Milligan, Kleinert, Ventura and McNamara. NAYS : *Raymond. The President declared the Ordinance adopted, and would become effective on publica- tion. *Councilman Nash returned at 9 41 p. m. Councilman Raymond made the following statement My 'no' vote is cast specifically because I believe the action was premature and should have been withheld and approved after the ML zoning was approved in the package. By Councilman Ventura, seconded by Councilman Kleinert, it was #133-69 RESOLVED, that having considered a communication from Mr. C.Robert Wartell of the law firm of Bonk, Pollick & Wartell, Detroit, dated January 9, 1969, submitted in behalf of their client J. J. Stone and other 10214 Lowners of certain property located in Tiffany Park Subdivision in the City of Livonia, the Council does hereby determine to approve the vacation of a part of the Plat of Tiffany Park Subdivision as recorded in Liber 87, Pages 58, 59, and 60, Wayne County Records, in the manner requested in Wayne County Circuit Court Civil Action No. 124560 and in accordance with the description set forth in Exhibit "B" attached to the aforesaid com- munication. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS . None. The communication from the Parks and Recreation Commission, submitted pursuant to council resolution #1282-68, relative to the purchase of certain proper- ties in Section 1, known as the Bolman property as a possible park site, was received and filed for the information of the Council. The communication from the Livonia Planning Department, dated January 21, L1969, transmitting a document titled "Convalescent Home Survey" was received and filed for the information of the Council. The document entitled "Spanich Industrial Growth" prepared by the City Planning Commission pursuant to council resolution #1041-67 and transmitted to Council by a letter dated January 29, 1969, was received and filed for the informa- tion of the Council. By Councilman Nash, seconded by Councilman Ventura, it was #134-69 RESOLVED, that having considered a letter dated February 6, 1969 from the Department of Law transmitting a Quit Claim Deed dated Oct. 18, 1968 and executed by William A. Cassidy, Co-Administrator for the Estate of William J. Cassidy, which purports to convey certain property for the right-of-way along Five Mile Road in Section 18, and having considered the request made by Mr. Theodore Doman as well as the verbal recommendation of the City Engineer and the City Attorney, the Council does hereby refer this matter to the City Engineer for disposition insofar as ascertaining the extent to which the Michigan Department of State Highways requires this property inconnection with the 1-275 Freeway; further, that the subject L deed shall be held in escrow by the City Engineer until such time as this matter has been resolved and, at that time, if indicated that there is no further need for the said right-of-way by the City, said deed to be returned to the Grantor. L10215sult. A roll call vote was taken on the foregoing resolution with the following re AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS * None. By Councilman Kleinert, seconded by Councilman Ventura, it was #135-69 RESOLVED, that having considered a communication dated January 28, 1969 from the Department of Law transmitting for Council acceptance a Quit Claim Deed dated May 13, 1968 executed by Herman A. Tuller, a single man, wherein the following property is conveyed to the City for a right-of-way on Hix Road: The East 43 feet of (Parcel 31W1) that part of the S. W. 1/4 of Section 31, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the N. and S. 1/4 line of Section 31 distant S 2° 19' 30" E, 736.82 feet from the center 1/4 corner of Section 31 and proceeding thence S 2° 19' 30" E along said line, 71.79 feet; thence S 87° 25' 20" W, 300 feet; thence N 2° 19' 30" W, 71.79 feet; thence N 87° 25' 20" E, 300 feet to the point of beginning. the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid instrument, and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS : None. The communication from the Department of Law, dated January 16, 1969, with respect to a Quit Claim Deed submitted by Van Allen Builders, Inc. (Petition 67-2-1-3) and submitted pursuant to council resolutions 204-68 and 360-68, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Milligan, it was #136-69 RESOLVED, that having considered a communication from the Depart- ment of Law dated January 31, 1969 transmitting for Council acceptance two Quit Claim Deeds, each dated January 6, 1969 and each executed by Michael Berry and Vivian C. Berry, his wife, wherein the following rights- of-way along Ann Arbor Trail are conveyed to the City: 10216 1. The southerly 27 feet of that part of the S. E. 1/4 of Section 32 described as beginning at the S. W. corner of Lot 729 of Supervisor's Livonia Plat No. 11 and proceeding thence N. 3° 16' E. along the W. line of said lot, 259.77 ft. ; Thence S. 86° 10' E, 136.24 ft. , thence N. 7° 20' 30" W. 96.61 ft. , thence N. 47° 56' 10" W, 539.40 ft. , thence S. 37° 33' 50" W, 404.0 ft. to the N'ly. line of Ann Arbor Trail; thence S. E'ly. along said N'ly line, 639.19 ft. to the point of beginning. (Bureau of Taxation Parcel 32V2) and 2. The southerly 37 feet of Lot 729, Supervisor's Livonia Plat No. 11, as recorded in Liber 66, Page 64, Wayne County Records, said subdivision being a part of the S. E. 1/4 of Section 32, T. 1 S. , R. 9 E., Livonia Township (now City of Livonia) Wayne County, Michigan. the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid instruments and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. LA roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS : None. By Councilman Milligan, seconded by Councilman Nash, it was #137-69 RESOLVED, that having considered a communication dated January 16, 1969 from the Department of Law, transmitting for Council acceptance a Warranty Deed, dated January 13, 1969, executed by Frank Iglikowski and Frances Iglikowski, his wife, conveying• That part of the Southeast 1/4 of Section 36 described as . Beginning at a point distant North 89 degrees 41 minutes West 1795.11 feet and North 0 degrees 04 minutes 40 seconds East 1435.0 feet from the Southeast corner of Section 36, and proceeding thence North 0 degrees 04 minutes 40 seconds East 162.0 feet; thence South 89 degrees 52 minutes West 154.50 feet; thence South 0 degrees 04 minutes 40 seconds West 161.21 feet, thence South 89 degrees 41 minutes East 154.50 feet to the point of beginning. the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid instrument, and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; further, the Council does hereby authorize 10217 the expenditure of a sum not to exceed $90 from the $4,400,000 Parks and Recreational Facilities General Obligation Bond Issue for taxes for the year 1968 on the aforesaid property, and the City Treasurer is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS None. By Councilman Kleinert, seconded by Councilman Nash, it was #138-69 RESOLVED, that having considered a communication dated January 29, 1969 from the Department of Law submitting for Council acceptance a Warranty Deed dated January 28, 1969, executed by Victor Kind and Fay Kind, conveying to the City, pursuant to council resolution #38-69, the following described property That part of the N. W. 1/4 of Section 11, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant N. 89° 52' 50" W. along the E. and W. 1/4 section line 704.40 feet; thence N. 0° 05' 50" W. 556.33 feet from the center 1/4 corner of Section 11, and proceeding thence N. 0° 05' 50" W. 285 feet, thence S. 89° 59' 55" W. along the S. line of Pickford Avenue 95 feet; thence S. 0° 05' 50" E. 285 feet; thence N. 89° 59' 55" E. 95 feet to the point of beginning. the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid instrument and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #139-69 RESOLVED, that having considered a communication dated February 6, 1969 from the Department of Law, transmitting for Council acceptance a low Warranty Deed dated January 31, 1969 executed by George H. Shanklin, conveying: That part of Section 10, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as the E. 171.2 feet of the W. 243.9 feet of the N. 1771 feet of the N. E. 1/4 of Section 10, except the N. 530.73 feet thereof. 10218 the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid instrument, and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, and the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being City-owned and exempt. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Raymond, seconded by Councilman Kleinert, it was #140-69 RESOLVED, that having considered a communication dated January 21, 1969 from the Department of Law transmitting for Council acceptance a Grant of Easement which conveyance is more particularly described as . Grant of Easement dated December 30, 1968 executed by American Oil Company by Milo Hector, Regional Vice-President, and A. E. Nelson, Assistant Secretary, conveying a public easement described as : The west 10 feet of that part of NE 1/4 of Section 20, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described more particularly as beginning at the SE corner of Five Mile Road (66' wide) and Levan (66' wide) running thence Southerly along the Easterly line of Levan Road 115' to a point; thence Easterly parallel to Southerly line of Five Mile Road 175.71 feet to a point, thence northerly along a line parallel to the Easterly line of Levan Road 115 feet to a point on the Southerly line of Five Mile Road, thence Westerly along Southerly line of Five Mile Road 175.71 feet to a point of beginning. (Bureau of Taxation Parcel 20F1) the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid instruments, and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS : None. By Councilman Ventura, seconded by Councilman Milligan, it was #141-69 RESOLVED, that having considered a communication dated January 22, 1969 from the Department of Law transmitting for Council acceptance a Grant of Easement which conveyance is more particularly described as: L10219 Grant of Easement dated December 17, 1968 executed by Stephan F. Slavik, Sr. , and Mary Slavik, his wife, and Joseph F. Slavik and Edna Slavik, his wife, conveying: An easement, 20 ft. wide, for public utilities, being a part of the S.W. 1/4 of Section 10, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant Due North 560.00 ft. along the west line of said Section 10 and S. 89° 44' 30" E. 200.00 ft. from the S. W. corner of said Section 10, proceeding thence S. 89° 44' 30" E. 260.00 ft. to a point on the west line of Burton Hollow Woods Subdivision, recorded in Liber 86, pages 69 and 70 of plats, Wayne County Records, thence along said west line N. 27° 58' 29" E. 117.25 ft. and Due North 278.25 ft. ; thence Due West 20.00 ft. ; thence Due South 273.27 ft. , thence S. 27° 58' 29" W. 100.18 ft. thence N. 89° 44' 30" W. 248.00 ft. ; thence Due South 20.00 ft. to the point of beginning. Description of Parcel near N. E. corner of Farmington and Six Mile Roads : That part of the S. W. 1/4 of Section 10, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the east line of Farmington Rd., 93 ft. wide, said point bding distant Due North 560.00 ft. along the west line of said Section 10 and S. 89° 44' 30" E. 60.00 ft. from the S. W. corner of said Section 10; proceeding thence along the said east line of Farmington Road Due North 380.00 ft. ; thence Due East 455.00 ft. to a point on the west line of Burton Hollow Woods Subdivision, recorded in Liber 86, pages 69 and 70 of plats, Wayne County Records; thence along said west line Due South 278.25 ft. and S. 27° 58' 29" W. 117.25 ft. ; thence N. 89° 44' 30" W. 400.00 ft. to the point of beginning, said parcel containing 3.915 acres, more or less. the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid instrument and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS : None. By Councilman McCann, seconded by Councilman Kleinert, it was #142-69 RESOLVED, that having considered a communication dated January 27, 1969 from the Department of Law transmitting for Council acceptance certain documents wherein easements are conveyed to the City in connection with the construction of Livonia Drain No. 21, which documents are more particularly described as • 10220 Four Grants of Easements, each dated January 13, 1969 and each executed by the Livonia Public Schools School District by Geraldine W. Joyner, Secretary, conveying• 1. The North 20 feet of the East 10 feet and East 10 feet of the South 110 feet of Lot 35, Livrance Estates Subdivision, as recorded in Liber 67, Page 10, Wayne County Records, said subdivision being a part of the N. E. 1/4 of Section 14, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (Taxation Parcel 14a35) and 2. The North 10 feet of the West 90 feet and the East 10 feet of the West 100 feet of Lot 37, Livrance Estates Subdivision, as recorded in Liber 67, Page 10, Wayne County Records, said subdivision being a part of the N. E. 1/4 of Section 14, T. 1 S. , R. 9E. , City of Livonia, Wayne County, Michigan. (Taxation Parcel 14a37b) and 3. The East 10 feet of the West 100 feet of Lot 38, Livrance Estates Subdivision, as recorded in Liber 67, Page 10, Wayne County Records, said subdivision being a part of the N. E. 1/4 of Section 14, T. 1 S. , R. 9 E. , City of Livonia, Wayne County Michigan. (Taxation Parcel 14a38b) and 4. The South 10 feet of the West 90 feet and East 10 feet of the West 100 feet of Lot 39, Livrance Estates Subdivision, as recorded in Liber 67, Page 10, Wayne County Records, said subdivision being a part of the N. E. 1/4 of Section 14, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (Taxation Parcel 14a39b) the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid instruments, and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES • Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS• None. *Councilman Ventura was excused at 9 55 P. M. By Councilman Nash, seconded by Councilman Milligan, it was #143-69 WHEREAS, pursuant to the direction of the City Council in its resolution No. 1129-68 adopted on October 2, 1968 and in accordance with Section 3.06 of Ordinance No. 401, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under 10221 date of January 14, 1969 an assessment roll dated December 23, 1968 cover- ing the proposed installation of sidewalks on Morlock Road from Middlebelt Road east to Hearthstone Subdivision in the Northwest 1/4 of Section 1, City of Livonia, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in the said resolution No. 1129-68, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 3.08 of Ordinance No. 401, as amended, of the City, to wit• that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Wednesday, March 19, 1969 at 7.00 p. m. , to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of March 19, 1969, and the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. *Councilman Ventura returned at 9.56 P. M. By Councilman Nash, seconded by Councilman Raymond, it was #144-69 WHEREAS, pursuant to the direction of the City Council in its resolution No. 1226-68 adopted on October 30, 1968, and in accordance with Section 3.06 of Ordinance No. 401, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of January 14, 1969 an assessment roll dated January 7, 1969 covering the proposed opening of Lyndon Avenue from Fairway Drive to a point approximately 300 feet west of Fairway Drive in the Southeast 1/4 of Section 20, City of Livonia, Michigan, containing the special assess- ments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and opera- tion of the proposed improvement in said district as designated in the said resolution No. 1226-68, 10222 THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 3.08 of Ordinance No. 401, as amended, of the City, to wit that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Wednesday, March 19, 1969, at 7:00 p.m., to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulat- ed generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of March 19, 1969, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. A roll call vote was taken on the foregoing resolution with the following result AYES • Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #145-69 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act, (M.S.A. Section 5.2934), as well as Article XXIII of Ordinance 543, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, March 19, 1969, at 7:00 p. m., at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan with respect to the following items (a) Petition No. 68-7-1-29 submitted by the City Planning Commission on its own motion to rezone property located on the north side of Five Mile Road, west of Inkster, in the South 1/2 of Section 13, and on the south side of Five Mile Road, west of Inkster, in the North 1/2 of Section 24, from RUF to C-1, P, and PS, the City Planning Commission having in its resolution #11-144-68 recommended to the City Council that Petition #68-7-1-29 be approved subject to the revised legal description set forth therein, (b) Petition #68-11-1-41 submitted by the City Planning Commission on its own motion for a change of zoning of property located at the north- west corner of Cardwell and Joy Road in Section 36, from R-1 to C-2, the City Planning Commission having in its resolution #12-154-68 recommended to the City Council that Petition #68-11-1-41 be approved, and 10223 (c) Petition #68-10-6-10 submitted by the City Planning Commission to amend Section 18.50, 18.50A, 18.50C, 18.50D, 18.50E and 18.50F of Ordinance No. 543, the Zoning Ordinance, the City Planning Commission having in its resolution #12-159-68 recommended to the City Council that Petition #68-10-6-10 be approved, further, the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of public hearing cause to have a statement, indicating the nature and location of the proposed changes of zoning as set forth above, and the proposed amendment to the Zoning Ordinance, as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia, as well as to not less than fifteen days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroadco.owningcr operating any public utility or railroad within the districts or zones affected, and the City Clerk is requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman McCann, it was #146-69 WHEREAS, property described as that part of the S. E. 1/4 of Section 36 described as beginning at a point distant N. 89° 41' W. 1627.41 feet and N. 0° 04' 40" E. 1485 feet from the S. E. corner of Section 36 and proceeding thence N. 89° 41' W. 167.50 feet, thence N. 0° 04' 40" W. 112.42 feet, thence N. 89° 52' E. 167.50 feet, thence S. 0° 04' 40" E. 113.50 feet to the point of beginning, is included in the Master Plan for Parks for the City of Livonia, and WHEREAS, the United States of America has entered into Contract OSA58 which provides for financial assistance to the City of Livonia in acquiring the above described property for park purposes; and NOW, THEREFORE, BE IT RESOLVED, that. 1. The City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property at a price of $1,800.00, 2. The City Council does hereby authorize a sum not to exceed $65.00 for the proration of City, County and School taxes at the time of closing, prorated from the date of option to purchase, and does further authorize the expenditure of the sum of $45.00 to cover the cost of a title insurance policy on the subject property, 3. The City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue, with the provision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreational General Obligation Bond Issue, and 4. The City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 10224 ^ .roll call vote was taken on the foregoing resolution with the following result AYES Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS• None. By Councilman Kleinert, seconded by Councilman Nash, it was #147-69 WHEREAS, the City of Livonia is in need of park and open space in an area within its boundaries between Merriman Road on the east, Farming- ton Road on the west, Seven Mile Road on the north, and Six Mile Road on the south, and WHEREAS, pursuant to the provisions of Act 285 of the Public Acts of Michigan of 1931, as amended, the City Planning Commission of the City of Livonia having duly held public hearings and subsequently adopted on November 15, 1966 a Master School and Park Plan, Part V, Master Plan of the City of Livonia, which Master School and Park Plan designates the below described real property for a park and recreational use, and WHEREAS, the City Planning Commission of the City of Livonia and the Parks and Recreation Commission have recommended that this property be acquired for a park and recreational use, NOW, THEREFORE, BE IT RESOLVED, that this City Council for the City of Livonia, Wayne County, Michigan, a Michigan Municipal Corporation, hereby declares that the acquisition of property described as follows Land in the City of Livonia, Wayne County, Michigan, described as follows : Parcel J - 36 - That part of the N. E. 1/4 of Section 10, T. 1 S., R. 9 E. , described as beginning at a point on the E. line of said section distant S. 0° 50' 15" E. 1488.91 feet from the N. E. corner of Section 10 and proceeding W. 1319.07 feet, thence S 0° 42' E. 166.75 feet, thence N. 89° 39' E. 1319.35 feet to the E. line of Section 10, thence N. 0° 50' 15" W. along said line 158.71 feet to the point of beginning, except the E. 320.00 feet thereof. Parcel J - 37 - That part of Section 10, T. 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, described as the S. 10 acres of the N. 60 acres of the E. 1/2 of the N. E. 1/4 of Section 10, T. 1 S. , R. 9 E. , except the E. 320.00 feet thereof. Parcel J - 38 - That part of Section 10, T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan, described as the E. 1/2 of the N. 2/3 of the W. 1/2 of the N. E. 1/4 of Section 10. 10225 Parcel J - 39 - That part of Section 10, T 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, described as that part of the W. 1/2 of the N. E. 1/4 of Section 10, described as beginning at a point on the N. line of said section distant E. 243.90 feet from the N. quarter corner of Section 10 and proceeding thence S. 1771.0 feet, thence E. 430.40 feet, thence N. 1771.0 feet to the N. line of Section 10, thence W. along said line 430.40 feet to the point of beginning, except the N. 500 feet of the W. 134.9 feet thereof. Parcel J - 41 - That part of Section 10, T. 1 S. , R. 9 E , City of Livonia, Wayne County, Michigan, described as the W. 72.7 feet of the N. 1771 feet of the N. E. 1/4 of Section 10, except the N. 530.73 feet thereof. Parcel J - 42 - That part of Section 10, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as the E. 10 acres of the N. W. 1/4 of Section 10, except the N. 530.73 feet thereof, also except the S. 43 feet thereof. Parcel J-43 - That part of Section 10, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as the W. 16 acres of the E. 26 acres of the N. W. 1/4 of Section 10, except the N. 530.73 feet thereof. Parcel J-44 - That part of Section 10, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as the E. 16 acres of the W. 34 acres of the E. 60 acres of the N. W. 1/4 of Section 10, except the W. 82.5 feet of the N. 1320.0 feet thereof, also except the S. 983.70 feet, also except the N. 533 feet thereof. Parcel J - 45 - That part of Section 10, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as the W. 82.50 feet of the S. 747.0 feet of the N. 1320.0 feet of the E. 16 acres of the W. 34 acres of the E 60 acres of the N. W. 1/4 of Section 10. Parcel J - 46 - That part of Section 10, T 1 S. , R. 9 E , City of Livonia, Wayne County, Michigan, described as the S. 1/3 of the W 1/2 of the N. E. 1/4 of Section 10 and the W. 1/2 of the S. E. 1/4 of Section 10, except the S. 60 feet thereof. is necessary for a public improvement for the use and benefit of the public for the purpose of its incorporation and for a public purpose with- in the scope of its powers, and the City Council for the City of Livonia does hereby declare that it deems it necessary to take the above described private property upon compensation to be paid therefor for such public improvement, 10226 BE IT FURTHER RESOLVED, that the Department of Law of the City of Livonia be and is hereby authorized and directed to institute and conduct the necessary proceedings on behalf of the City of Livonia in the Circuit Court for the County of Wayne, State of Michigan, (that being the County where the private property sought to be taken is located), to carry out the objects of this resolution and to acquire by condemnation for the City of Livonia the private property hereinbefore described for a park and recreational use, as provided in the Master School and Park Plan of the Master Plan for the City of Livonia, as herinbefore set forth, as a necessary and authorized public improvement, and that said proceedings be brought in accordance with the statutes of the State of Michigan provided therefor, and more particularly Act 149 of the Public Acts of 1911, as amended, (being Section 8.11, et seq. M.S.A. as amended, 213.21, et seq. M.C.L.A. as amended, and Compiled Laws of 1948, as amended), BE IT FURTHER RESOLVED, that the cost of the acquisition of this property shall be financed from the $4,400,000.00 Parks and Recreational General Bond Issue. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Nash, it was #148-69 WHEREAS, property described as the N. 228.0 feet of that part of the S. 1/2 of Section 24, T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the E. line of Harrison Avenue distant N. 89° 31' 28" W. along the E. and W. 1/4 section line 122.94 feet, thence S. 0° 07' 35" E 1009.20 feet from the center 1/4 cor- ner of Section 24, and proceeding thence along said E. line S. 0°07'35" E. 408.34 feet and on a tangent curved to the right radius 993 feet, arc 356.30 feet, and on a tangent curved to the left radius 907 feet, arc 195.69 feet, thence N. 81°55'47` w. 86 feet, thence southerly along a curve concave to the east radius 993 feet, arc 105.74 feet, thence S. 88° 01' 52" E. 16.10 feet, thence southerly along a curve concave to the east radius 260 feet, arc 31.51 feet, thence S. 89° 31' 44" E. 60 feet, thence S. 89° 26' 09" E. 569.20 feet, thence N. 0° 16' 17" E. 278 feet, thence S. 89° 28' 19" E. 317.30 feet, thence N. 0° 23' 30" E. 801.68 feet, thence N. 89° 39' 14" W. 774.62 feet to the point of beginning, is included in the Master Plan for Parks for the City of Livonia; and WHEREAS, the United States of America has entered into Contract OSA58 which provides for financial assistance to the City of Livonia in acquiring the above described property for park purposes, NOW, THEREFORE, BE IT RESOLVED, that 1. The City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property at a price of $17,800.00, 10227 L 2. The City Council does hereby authorize a sum not to exceed $1250.00 for special assessments and for the proration of City, County and School Taxes at the time of closing, prorated from the date of option to purchase, and does further authorize the expenditure of the sum of $125.00 to cover the cost of a title insurance policy on the subject property and the sum of $1500.00 for future assessments, and subject to the express provision that the Livonia Public Schools agree to accept the conveyance of Taxation Parcel 24CC2al and to assume and agree to pay the special assessments on the property. 3. The City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue, with the provision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreational General Obligation Bond Issue, and 4. The City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. LA roll call vote was taken on the foregoing resolution with the following result. AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS • None. By Councilman Milligan, seconded by Councilman Kleinert, it was #149-69 RESOLVED, that having considered a communication from the Parks and Recreation Commission, dated January 21, 1969, approved by the Budget Director, and approved for submission by the Mayor, the Council does hereby authorize the Parks and Recreation Commission together with the Budget Director to do all things necessary to prepare specifications and obtain bids for the carpeting of the Clubhouse and Concession area at the Whispering Willows Municipal Golf Course, in accordance with the pro- visions set forth in the Financial Ordinance, Ordinance No. 216, as amend- ed, further, the Council does hereby authorize the expenditure of a sum not to exceed $1,000 from the $4,400,000 General Obligation Parks and Recreational Facilities Bond Issue for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES • Raymond, McCann, Nash, Milligan, Kleinert and McNamara. LNAYS : Ventura. The President declared the resolution adopted. 10228 By Councilman Kleinert, seconded by Councilman McCann, it was #150-69 RESOLVED, that having considered the report and recommendation of the Director of Public Safety, dated January 23, 1969, approved for submission by the Mayor and the Budget Director, the Council does hereby accept the bid of the Radio Corporation of America for supplying the City with five Multi-channel Mobile Radios for the Police Division for the price of $4,370.80, the same having been in fact the lowest bid received for this item, further, the Council does hereby authorize the use of $274 previously designated for the purchase of an Oscilloscope and the use of $97 previously designated for the purchase of Crystals for police receivers, within Account #1i3-70, for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES• Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, and unanimously adopted, it was #151-69 RESOLVED, that having considered a communication dated December 23, 1968 from William R.Brashear of the law firm of Brashear, Brashear, Mies and Duggan, with respect to an appeal previously made from a determination of the City Planning Commission made on October 15, 1968 regarding Petition #68-8-2-20 submitted by Chick-N-Joy Systems, Inc. , relative to a request to construct a carry-out restaurant as a waiver use on property zoned C-2 and located on the north side of Five Mile Road between Merriman Road and Middlebelt Road, the petitioner, Chick-N-Joy Systems, Inc. having indicated in the aforesaid communication that it does not wish to proceed further with its appeal in connection with this matter, the Council does hereby concur in such request and all proceedings are hereby dismissed and discontinued. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #152-69 RESOLVED, that having considered a communication dated January 23, 1969 from the City Planning Commission which transmits its resolution #1-3-69 adopted by the Commission on January 14, 1969, with regard to Petition #68-11-2-25 submitted by Tony Car for Tru-Wall Construction Company, requesting permission to construct and operate an industrial building as a waiver use on property zoned M-1 and located on the east side of Farmington Road, north of the Chesapeake & Ohio Railway, in the Northwest 1/4 of Section 27, theCouncil does hereby concur in the recom- mendation made by the City Planning Commission and Petition No. 68-11-2-25 is hereby approved and granted, such action to be based on the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. 10229 By Councilman Ventura, seconded by Councilman Milligan, it was #153-69 RESOLVED, that pursuant to the report and recommendation dated January 29, 1969 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Item No. 3 of its resolution #312-66 adopted on March 16, 1966, as subsequently amended by council resolution #412-68, so as to reduce the financial assurances now on deposit with the City for general improvements in Levan Heights Subdivision (formerly Steven Brian Subdivi- sion) to $1,000 cash to cover cost of remaining improvements in said subdivision, and the financial assurances now on deposit with the City shall be reduced accordingly; further, the financial assurances now on deposit with the City for sidewalk improvements shall remain the same, and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS : None. By Councilman Milligan, seconded by Councilman Kleinert, it was #154-69 RESOLVED, that having considered a communication from the City Engineer, dated February 3, 1969, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize and request the City Clerk to make application to the Detroit Edison Company, on forms provided by such Company, for the replacement of the present street light located at the intersection of Seven Mile Road and Blue Skies Drive, in the City of Livonia, with a 400 watt, mercury vapor lamp, it being the determination of the Council that such intersection requires the updating of the existing overhead street light with the new installation in order to protect the public safety of the residents of the community. A roll call vote was taken on the foregoing resolution with the following result AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS : None. By Councilman Milligan, seconded by Councilman Ventura, it was #155-69 RESOLVED, that the City of Livonia does hereby authorize an expenditure of S1200.00 from the $9,800,000.00 General Obligation Street Improvement Bond Issue for right-of-way on Newburgh Road, described as The East 60 feet of the South 52.8 feet of the East 412.5 feet of the N. 1/2 of the S. E. 1/4 of the S.,E. 1/4 of Section 31, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 31QQ) L and that any payment by the City shall be made jointly in favor of10230 Donna Gordon, the land contract vendee, and Anthony Kreger and Gladys L. Kreger, his wife, the deed holders, and mailed to Mrs. Gordon at 8927 Newburgh Road, Livonia, and BE IT FURTHER RESOLVED, that the City Clerk and City Treasurer are authorized and directed to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS : None. Councilman Ventura introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 6.05 OF ARTICLE VI OF ORDINANCE NO. 500, AS AMENDED, KNOWN AND CITED AS THE "PLAT ORDINANCE" OF THE CITY OF LIVONIA. LThe foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Kleinert, seconded by Councilman Milligan, it was #156-69 RESOLVED, that the communication dated January 17, 1969 from the Michigan Liquor Control Commission with respect to a request from William Edgar DuBose of 89+9 Brentwood, Livonia, Michigan, for a new full year Class C License to be located in Livonia, Michigan, is hereby referred to the Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result- AYES . Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS : *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement My 'no' vote is cast because I believe that the petitioner should have the opportunity to be heard. 10231 By Councilman Milligan, seconded by Councilman Ventura, it was #157-69 RESOLVED, that having considered a communication from Mr. Albert Haddad of 213 Eastlawn, Detroit, Michigan, dated February 6, 1969, wherein Mr. Haddad has offered to sell certain property, located on Plymouth Road, Lot numbers 240-241 of Rosedale Gardens Subdivision of part of the North 1/2 of the North 1/4 of Section 34, to the City of Livonia for the sum of $325 per front foot, the Council does hereby refer this matter to the Department of Law and to the Planning Commission for their respective reports and recommendations. A roll call vote was taken on the foregoing resolution with the following result' AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS ' None. By Councilman Milligan, seconded by Councilman Nash, it was #158-69 RESOLVED, That Livonia National Bank, Livonia, Michigan, be and is hereby appointed Principal Paying Agent, Registrar and Transfer Agent, and The Northern Trust Company, Chicago, Illinois, Co-Paying Agent for $4,000,000 City of Livonia, County of Wayne, Michigan, General Obligation Street Improvement Bonds, Series I, dated May 1, 1968, as more fully described on attached Exhibit A. BE IT FURTHER RESOLVED, That Livonia National Bank shall be paid, as compensation for its services, fees on the following basis Account Maintenance Fee - to be billed semiannually $40.00 per annum if less than $250,000 par value bonds outstanding. $65.00 per annum if $250,000 par value or more outstanding. For Payment of Interest Coupons - $0.14 per coupon. For Payment of Coupon Bonds At Maturity or on Redemption Prior to Maturity When All Outstanding Bonds are to be Redeemed - $1.50 per bond. On Redemption Prior to Maturity When Less Than All Outstanding Bonds are to be Redeemed - $1.75 per bond. For Services as Registrar and Transfer Agent $0.50 per bond for first 100 bonds, $0.40 per bond for next 150 bonds, $0.35 per bond for next 150 bonds, $0.25 per bond for all bonds in excess of 400 - based on cumulative total of bonds registered, transferred, or released from registration in each year. For the Cremation of Cancelled Interest Coupons and Coupon Bonds Certified cremation of interest coupons and coupon bonds including the required schedules of amounts, maturities, and bond numbers. Per Coupon - $.03 Per Bond - $.05 Minimum semi-annually - $5.00 10232 Plus Out-Of Pocket Expenses, (e.g. , postage, registered mail, surcharge, etc. ) The charges of the Co-Paying Agent will be paid by the Principal Paying Agent from its compensation. BE IT FURTHER RESOLVED, That all statements of account and, unless cremation has been authorized by separate Agreement, all cancelled obliga- tions shall be forwarded by the Paying Agent to: City of Livonia City Hall 33001 Five Mile Road Livonia, Michigan Att Mr. Addison W. Bacon, City Clerk Telephone. Ga. 1-2000 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS . None. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #159-69 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman McCann, seconded by Councilman Nash, it was #160-69 Having considered the recommendation of the Chief City Engineer, it is hereby resolved that the Mayor and City Clerk be authorized to convey by Quit Claim Deed to Green Ettenheimer Farber Binkow Co., a Michigan registered co-partnership, the following described property. The south 60 feet of that part of the S.W. 1/4 of Section 31, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan described as beginning at a point on the south line of Section 31 distant N. 87°32'10" E. 982.89 feet from the S.W. corner of Section 31 and proceeding thence N. 87°32'10" E along said line 1606.25 feet to the south 1/4 corner of Section 31, thence N 2°19'30" W. along the N. & S. 1/4 line of Section 31, 672.20 feet, thence S 87°37'30" W. 1296.90 feet, thence S. 86°15'30" W. 311.06 feet to the east line of Dover Courts Subdivision as recorded in Liber 89, pages 36 and 37 of the Wayne County Records, thence S. 2°27'50" E. along said line 684.48 feet to the point of beginning. (Bureau of Taxation Parcel 31 GG1) which property was conveyed to the City on November 7, 1967 by Quit Claim Deed recorded in Liber 16773, page 865 and re-recorded in Liber 16934, page 422, Wayne County Records. 10233 A roll call vote was taken on the foregoing resolution with the following result is AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS : None. By Councilman McCann, seconded by Councilman Nash, and unanimously adopt- ed, it was #161-69 RESOLVED, that the Council does hereby request that the Engineer- ing Division submit a report relative to the feasibility, the steps necessary, the cost, and such other ramifications as may be involved, with respect to the improvement of the median strip on Inkster Road north of Schoolcraft Road, particularly insofar as improving the same aesthetically. By Councilman Ventura, seconded by Councilman Kleinert, it was RESOLVED, that having considered a communication from Chas. K. Barton, Barton Homes, Inc. , 16166 Meyers, Detroit, Michigan 48235, dated February 14, 1969, wherein it is requested that the provision in Ordinance No. 500, the Plat Ordinance, which provides that all utilities of new subdivisions be placed underground, be waived, the Council does hereby determine to concur with such request. A roll call vote was taken on the foregoing resolution with the following result AYES : Kleinert and Ventura. NAYS: Raymond, McCann, Nash, Milligan and McNamara. The President declared the resolution denied. By Councilman McCann, seconded by Councilman Raymond, and unanimously adopted, this 639th regular meeting of the Council of the City of Livonia, was duly adjourned at 10:16 P. M., February 19, 1969. X _Y17\ - ADDISON W. BAkeN, 'ity Clerk.