Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1968-09-11 9859 MINUTES OF THE SIX HUNDRED TWENTY FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 11, 1968, 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 8:03 P. M. Councilman Kleinert 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, R'ibert F. Nash and Edward G. Milligan. Absent--None. Elected and appointed officials present: Harvey W. Moelke, Mayor; Virginia G. Handzlik, Deputy City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, Chief Assistant City Attorney; William J. Strasser, City Engineer; Robert A. Shaw, Director of Public Works; David L. Jones, Water and Sewer Commissioner; David A. Perry, Assistant City Attorney; John T. Dufour, Superintendent of Parks and Recreation, Marie Talbot, Court Clerk; Donald Nicholson, Director of Public Safety; John E. Hiltz, Consulting Engineer, Thomas J. Griffiths, Jr. , Chief Accountant, Don Hull, City Planner; Raymond Danaher, Budget Analyst; John Stymelski, Traffic Commis- sion; Richard Simpson, Traffic Commission; Robert Bennett and Francis Bouffard of the Zoning Board of Appeals. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #1009-68 RESOLVED, that the minutes of the 620th regular meeting of the Council of the City of Livonia, held August 28, 1968, are hereby approved. By Councilman Ventura, seconded by Councilman Raymond, it was WHEREAS, the BOARD and the CITY have entered into an agreement dated August 15, 1968, providing for the construction of certain highway improvements on Merriman Road from a point approximately 500' south of Plymouth Road to a point approximately 1000' north of Schoolcraft Road, and WHEREAS, the parties desire to amend the said agreement to pro- vide for the possible construction of an acceleration and deceleration lane on Merriman Road within the foregoing limits, 9860 BE IT RESOLVED, that the City of Livonia enter into an Amendatory Agreement with the Board of County Road Commissioners of the County of Wayne, Michigan, relative to the possible construction of an acceleration and deceleration lane on Merriman Road in the area indicated, in the City of Livonia, Wayne County, Michigan, a copy of said agreement being attached hereto and made a part hereof, BE IT FURTHER RESOLVED, that the Mayor and City Clerk be ard the same are hereby authorized to execute the foregoing Amendatory Agreement for and on behalf of the City of Livonia. By Councilman Nash, seconded by Councilman Milligan, it was #1010-68 RESOLVED, that the Agreement for a possible future acceleration and deceleration lane on Merriman Road, as transmitted from the Wayne County Road Commission under date of August 29, 1968, is hereby tabled to the Study Session of the Council immediately following this Regular ,neeting. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS: Kleinert and Ventura. Imo The President declared the resolution adopted. The communication from the City Clerk, dated Seltember 11, 1968, requesting a meeting with the Committee of the Whole, to discuss the civ's current financial situation and to explain needs for the balance of the fiscal year ending November 30, 1968, was received and filed for the information of the Council. The President of the Council acknowledged receipt of a veto from the Mayor, dated September 11, 1968, of council resolution #988-68, adopted on August 28, 1968, with the respect to the paving of Newburgh Road from Schoolcraft Road to Six Mile Road to a width of five lanes. By Councilman Milligan, seconded by *Councilman McNamara, it was RESOLVED, that having considered the veto by the Mayor, dated September 11, 1968, of resolution #988-68 adopted by the Council on August 28, 1968, the Council does hereby readopt said resolution #988-68 the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara and Milligan. NAYS: Kleinert, Ventura, Raymond, Nash and McCann. The Vine-President declared the resolution denied, And the Mayor's veto sustained. 9861 *The President relinquished the Chair to the Vice-President at 8.19 P. M. to support the foregoing resolution and resumed the Chair at 9:09 P. M. By Councilman Ventura, seconded by Councilman McCann, it was RESOLVED, that the Council does hereby determine to amend and revise to the extent necessary council resolution #933-68, adopted on August 14, 1968, with respect to the paving of Newburgh Road from School- craft to Six Mile Road so as to authorize the adjustment and extension of the contract provided for therein between the City of Livonia arm the Tony Angelo Cement Construction Company so as to provide for the improve- ment of Newburgh Road from Schoolcraft Road to Five Mile Road to the width of five lanes (60 feet) and the balance of the work to be prcvided between Five and Six Mile Roads to be constructed on the basis of the original design, all such work to be constructed in accordance with the unit prices accepted in the action taken in council resolution #933-68; and the llayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. By Councilman Raymond, seconded by Councilman Milligan, it was Imo #1011-68 RESOLVED, that the Council does hereby determine to table the matter of amending council resolution #933-68 adopted on May 14, 1968, with respect to the improvement of Newburgh Road from Schoolcraft Road to Five Mile Road to the width of five lanes (60) jet, pending a meeting with the Mayor. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Raymond, Nash, Milligan and McNamara. NAYS: Ventura and McCann. The President declared the resolution adopted. At 9:25 P. M., a recess was called, after which the meeting resumed with all members present who were named as present at the original roll call of this meeting, with the exception of Councilman Milligan. By Councilman McCann, seconded by Councilman Raymond, and unanimously adopted, it was #1012-68 RESOLVED, that having considered a letter dated May 28, 1968 from the Mayor relative to the appointment of Robert Colomina, 18072 Lathers, Livonia, Michigan, to the City Planning Commission for a term expiring on June 9, 1971 and to replace John Ward, the Council does hereby approve of and concur with the appointment of Mr. Colomina, provided that he takes the oath of office required in Section 3, Chapter X of the City Charter, administered by the City Clerk. 9862 The Municipal Court report for the Month of July, 1968, was received and Lfiled for the information of the Council. The comm»nication from the Department of Law, dated August 22, 1968, with respect to Civil Action No. 110176, City of Dearborn Heights, et al. vs. Board of Election Commissioners of Wayne County, et al, was received and filed for the informa- tion of the Council. *Councilman Milligan returned at 9:45 P. M. By Councilman Ventura, seconded by Councilman Kleinert, it was #1013-68 RESOLVED, that having considered the report and recommendation of the Budget Director, dated August 21, 1968, approved for submission by the Mayor, regarding the purchase of fuel oil in conjunction with the Livonia School Board, the Council does hereby accept the following bids with respect to the following items in the following amounts: Sinclair Refining Company Tank Wagon #1 $.1258/Gal. Net 30 days Sinclair Refining Company Tank Wagon #2 $.1170/Gal. Net 30 days Marathon Oil Company Tank Truck #2 $.1075/Gal. 2% 10th Prox. Marathon Oil Company Tank Truck #5 $.0820/Gal. 2% 10th Prox. Marathon Oil Company Tank Truck $.0785/Gal. 2% 10th Prox. the same having been in fact the lowest bids reGeitied with respect to these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Nash, *Milligan and McNamara. NAYS: None. *Councilman Milligan abstained from voting which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. By Councilman Kleinert, seconded by Councilman Nash, it was #1014-68 RESOLVED, that having considered the report and recommendation from the City Engineer, dated August 30, 1968, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the unit price bid of L. W. Peters, Concrete Service, 25275 Brookview Avenue, Farmington, Michigan, for miscellaneous sidewalk installations authorized under the single lot assessment for the estimated cost of $12,685.80 (based on the Engineering Division's estimate of units of work involved) and subject to a Final Payment based on the actual units of work as constructed in accordance with unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest and only bid received for this work, and the Director of Public Works is hereby author- ized to approve any minor adjustments in the work as completed; and the 9863 Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder 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: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara NAYS: None. At the request of the City Engineer, Item 5 on the E,ganda with respect to the acceptance of Grants of Easements from the Livonia rublic Schools in connection with the Five Mile-Schoolcraft Sanitary Relief Sewer; Livonia Drain No. 11 Storm Sewer Extension, was removed. By Councilman Kleinert, seconded by Councilman Milligan, it was #1015-68 RESOLVED, that having considered a communication dated August 27, 1968 from the Department of Law, transmitting for Council acceptance certain Grants of Easement executed by Diore Building Company; Bill Ray Eddlemon and Bonnie Ann Eddlemon, his wife; Franklin Square Apartments, Inc. , a Michigan Corporation and Salem Land Company, a Michigan Corporation, which purport to dedicate certain easements to the City of Livonia, and certain Quit Claim Deeds executed by Ascension Lutheran Church of Livonia and Greenfield Construction Company, Inc., a Michigan Corporation, which purport to dedicate certain right-of-way to the City of Livonia, all of rbich are more particularly described as follows : A. Grant of Easement dated May 16, 1968, from Diore Building Company, a Michigan Corporation, the legal description of which is : The south 10 feet of the following described parcel: The south 66 feet of Lot 91, Brightmoor Homes Acres Subdivision, as recorded in Liber 51, Page 1, Wayne County Records, said subdivision being a part of the S.W. 1/4 of Section 15, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan, B. Grant of Easement dated May 13, 1968, from Billy Ray Eddlemon and Bonnie Ann Eddlemon, his wife, the legal description of which is: The south 10 feet of the following described parcel: The south 66 feet of Lot 102, Brightmoor Home Acres Subdivision, as recorded in Liber 51, Page 1, Wayne County Records, said sub- division being a part of the S.W. 1/4 of Section 15, T. 1 S., R. 9 E. , Livonia Township (now City of Livonia) Wayne County, Michigan. 9864 C. Grant of Easement dated July 30, 1968, from Franklin Square Apartments Inc., a Michigan Corporation, the legal description of which is : The north 12 feet of the west 20 feet of that part of the S. W. 1/4 of Section 13, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the S. Section line distant due East 1339.75 feet from the S .W. corner of Section 13 and proceeding thence due East along said line 130.03 ft. ; thence N. 1°05'08" W, 357.96 ft. ; thence S. 89003' 07" E. 150.07 ft. ; thence N. 1°05'08" W, 300.19 ft. ; thence N. 89°03'07" W. 299.72 ft.; thence S. 89°42'43" W. 981.22 ft. , thence S. 0°28'57" E. 325.60 ft. ; thence along the N. line of Betula Drive due east, 228.84 ft. a,ijd N. 44°38'37" E. 108.40 ft. and N. 89°42'43" E. 717.77 ft. ; th:nce S. 1'05'08" E. along the E. line of Garden Street, 410.69 feet to the point of beginning. D. Grant of Easement dated July 26, 1968, from Salem Land Company, a Michigan Corporation, the legal description of which is : The West 6 feet of the East 12 feet, Lots 33, 34, 35, 36, 37, 38, 39 and 40 Stark Gardens Subdivision, being part of the Southwest 1/4 of Section 21, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan. E. Quit Claim Deed dated August 16, 1968, from Ascension Lutheran Church of Livonia, the legal description of which is: The northerly most 60.00 feet of That part of the N. W. 1/4 of Section 21, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginn_ng at a point on the north line of Section 21, also being the center line of Five Mile Road distant S. 89°29'00" E. 248.20 ft. from the N.W. corner of Section 21, and proceeding thence along the north line of Section 21, also being the center line of Five Mile Road S. 89°24'00" E, 224.35 ft., thence S. 0°21'28" E, 243.00 ft.; thence S. 89°24'00" E. 164.60 ft. ; thence S. 0°09' 24" E. 290.36 ft; thence N. 89°24'00" W. 409.29 ft. ; thence N. 0°21'22" W. 533.36 ft. to the point of beginning. (Bureau of Taxation Parcel 21M1b, M2a) F. Quit Claim Deed dated April 22, 1968, from Greenfield Construction Company, Inc., a Michigan Corporation, the legal description of which is: The East 60 feet of the East 1/2 of the Southeast 1/4 of Section 7, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the south 60 feet thereof, also except the north 924 feet of the South 984 feet of the west 707.15 of the east 1/2 of the southeast 1/4. (Bureau of Taxation 0712) 9865 L G. Quit Claim Deed dated April 22, 1968, from Greenfield Construction Company, Inc., a Michigan Corporation, the legal description of which is: The east 60 feet of the North 1/2 of the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 18, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, except the north 150 feet of the east 350 feet thereof. (Bureau of Taxation Parcel 18B2) H. Quit Claim Deed dated April 22, 1968, from Greenfield Construction Company, Inc., a Michigan Corporation, the legal description of which is: The East 60 feet of the Northeast 1/4 of the Northeast 1/4 of Section 18, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, except the north 60.0 feet thereof. (Bureau of Taxation Parcel 18A) 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: L AYES: Kleinert, Ventura, Raymond, McCann, Nash Milligan and McNamara. NAYS : None. By Councilnw n Milligan, seconded by Councilman Nash, it was #1016-68 RESOLVED, that having considered a communication dated August 30, 1968 from the Department of Law transmitting for Council acceptance two Quit Claim Deeds each dated June 11, 1968 and each executed by Harry W. Curtner and Nancy J. Curtner, his wife, which purport to dedicate certain right-of-way to the City of Livonia, the same being more particularly described as follows: 1. The North 60 feet of that part of the N. W. 1/4 of Section 35, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the N line of said section distant S 89° 58' 45" E, 911.0 feet from the N. W. corner of Section 35 and proceeding thence S 89° 58' 45" E along said N. line, 143.0 feet; thence south, 110.0 feet; thence N 89° 58' 45" W, 143.0 feet; thence North, 110.0 feet to the L point of beginning, except the east 30 feet thereof. (Bureau of Taxation Parcel 35D8a1a) 9866 2. The North 60 feet of that part of the N. W. 1/4 of the N. W. 1/4 of Section 35, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the N. line of said section distant S 89° 58' 45" E, 798.0 feet from the N. W. corner of Section 35 and proceeding thence S 89° 58' 45" E along said N line, 113.0 feet; thence south 315.0 feet; thence N 89° 58' 45" W, 113.0 feet; thence north 315.0 feet to the point of beginning. (Bureau of Taxation Parcel 35D7a) 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: Kleinert, Ventura,, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Nash, it was #1017-68 RESOLVED, that having considered a communication dated August 14, 1968, from the Department of Law transmitting for Council acceptance a quit claim deed dated July 10, 1968 from Mr. and Mrs. David N. Hoffmann and Mr. and Mrs. Ernest J. Meadows, as well as a quit claim deed dated April 30, 1968 from George H. Grabenhorst and Laura J. Grabenhors+, his wife, which deeds purport to convey to the City of Livonia certain rights- of-way, the legal descriptions of which are as follows: (a) Quit Claim Deed dated July 10, 1968, from Mr. and Mrs. David N. Hoffmann and Mr. and Mrs. Ernest J. Meadows, conveying to the City of Livonia the South 60 feet of the following described parcel: That part of the Southeast 1/4 of Section 3 described as beginning at a point on the South line of said section distant east, 680.0 ft. from the Southwest 1/4 corner of Section 3 and proceeding thence N. 0° 17' W. , 435.60 ft. ; thence east, 200.0 ft. ; thence S. 0° 17'E., 435.60 ft., thence west along the South section line, 200.0 ft. to the point of beginning (Parcel 03V1); (b) Quit Claim Deed dated April 30, 1968, from George H. Grabenhorst and Laura J. Grabenhorst, his wife, conveying to the City of Livonia the following described property: The north 27 feet of the west 117 feet of that part of the Northeast 1/4 of Section 33, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as being Lot No. 211 of Supervisor's Livonia Plat No. 2 as recorded in Liber 66, Page 1 of the Wayne County Records; and 9867 The north 60 feet of that part of the Northeast 1/4 of Section 33, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the North line of said section distant due east, 1215.0 ft. from the North 1/4 corner of Section 33 and proceeding thence due east along said line, 118.90 ft. ; thence S. 0° 47' E., 583.75 ft. ; thence S. 83° 07' 30" W. , 118.66 ft. ; thence N. 0° 56' W., 598.01 ft. to the point of beginning; the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid instruments, and the City Clerk is nereby 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: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. Councilman Kleinert introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 7 OF ORDINANCE NO. 327, AS AMENDED, OF THE CITY OF LIVONIA ENTITLED, " AN ORDINANCE TO ESTABLISH THE SESSIONS FOR THE MUNICIPAL JUDGE; THE HOURS AND PLACE OF HOLDING COURT; TO PROVIDE FOR THE REGULATION OF HEARING DATES, TO ESTAB- LISH JURISDICTION OF CIVIL ACTIONS; AND TO PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF A SUBSTITUTE MUNICIPAL JUDGE." The 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 McCann, it was #1018-68 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated August 23, 1968, with respect to an application from the City of Livonia Parks and Recreation Commission, 20500 Newburgh Road, Livonia, Michigan, for a new full year Class C license to be located at the Whispering Willows Golf Course (City of Livonia municipal golf course), the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City of Livonia approves the said request "above all others"; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. 9868 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Raymond, McCann, Nash, Milligan and McNamara. NAYS : Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Kleinert, it was #1019-68 RESOLVED, that having considered a communication from the Budget Director, dated August 14, 1968, approved by the Mayor, with respect to retaining a financial consultant relative to the sale of $5,800,000.00 Street Improvement Bonds, Series II, the Council does hereby authorize the Mayor and the City Clerk to affix their signatures, for and on behalf of the City of Livonia, to a proposed agreement submitted by the firm of Kenower, Mac Arthur & Co. retaining the said firm to serve as financial consultants in this regard; and the City Clerk is hereby requested to do all things necessary to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Raymond, McCann, Nash, Ventura, Milligan and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #1020-68 RESOLVED, that having considered the request dated August 23, 1968 from Thomas D. Heap, 14373 Blackburn, Livonia, submitted in behalf of the residents of Kimberly Oaks Estates Subdivision #4, the Council does hereby grant permission to such residents to conduct a street dance on Allen Avenue, between Blackburn and Cranston Avenue, from 8:30 p.m. to 1:30 a.m. commencing the evening of September 13, 1968, subject to the approval of the Director of Public Safety. By Councilman Ventura, seconded by Councilman Kleinert, it was #1021-68 RESOLVED, that having considered the report and recommendation dated August 26, 1968 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, and the attached invoice #16108 dated July 18, 1968 from the Board of Wayne County Road Commissioners, the Council does hereby authorize Final Payment in the amount of $3,996.59 to the Board of Wayne County Road Commissioners which sum represents the full and complete balance due for work completed by the Wayne County Road Commission in the installation of a traffic control signal at the intersection of West Chicago and Harrison Avenue in the City of Livonia pursuant to Council Resolution #1002-67; and the Council does hereby authorize the transfer of an additional sum in the amount of $476.59 from the Reserve for Contingencies Account to the Civic Improvement Acct. of the Budget for this purpose; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 9869 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Nash) Milligan and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #1022-68 RESOLVED, that having considered the recommendation dated August 20, 1968 from the Director of Public Safety, approved for submittal by the Mayor and the Budget Director, and having considered the necessity for the installation of traffic signal control devices to be located at the main driveway of the Fire Station Headquarters, 14910 Farmington Road, Livonia (east side of Farmington Road), the Council does hereby authorize the installation of the same including the installation of two heavy-duty poles, and having been advised that the estimated cost of the proposed traffic control installation is $1810.00 the Council does hereby approve of the City assuming the entire total actual cost of such installation, and for this purpose the Council does hereby authorize the expenditure of a sum not to exceed $1810 from the General Obligation Fire Station No. 1 Bond Issue; further, the City does hereby agree to pay the monthly electrical energy charges for such installation to the Detroit Edison Company upon completion of the installation as well as assuming the full cost of maintaining the signal; and the Board of Wayne County Road Commissioners is hereby requested to cause such traffic signal to be in- stalled at the aforesaid location in an expeditious manner; and the City Clerk and City Treasurer are herein authorized to do all things necessary to the full performance of this resolution; and the City Clerk is hereby requested to send a certified copy of this resolution to the aforesaid Board to the attention of the Engineer of Traffic and safety. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Nash, Milligan, and McNamara. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #1023-68 RESOLVED, that having considered a letter dated August 9, 1968 from Edward Shelberg, Metropolitan Coordinating Engineer, of the Michigan Department of State Highways, submitted pursuant to council resolution #673-68, in connection with the lighting of the proposed 1-96 Freeway, the Council does hereby refer this matter to the City Engineer for his report and recommendation. By Councilman Raymond, seconded by Councilman Nash, it was #1024-68 RESOLVED, that the Council does hereby determine to discharge the Committee of the Whole from further consideration of the matter referred to it in council resolution #267-68; further, with respect to the communication 9870 dated February 12, 1968 from the Mayor and the communication dated February 9, 1968 from the Livonia Housing Commission relative to the survey of the City's requirements for middle-income elderly housing, the Council does hereby refer this matter back to the Livonia Housing Commission with a request for a more detailed report and recommendation relative to the same. A roll call vote was taken on the foregoing resolution with the following result- AYES : Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS : None. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #1025-68 RESOLVED, that having considered the communication from the City Planning Commission dated August 19, 1968 which transmits its resolution #7-72-68 wherein the Commission, on its own motion, did amend Part I of the Master Plan of the City of Livonia, the Master Thoroughfare Plan, by deleting Wayne Road between Schoolcraft Road and Plymouth Road in the West 1/2 of Section 28, the Council does hereby acknowledge the receipt of the same. The communication from the Planning Commission dated August 19, 1968, with respect to the petition of Hearthside, Inc. to rezone property on south side of Broadmoor Avenue, east of Middlebelt Road in Section 13 from RUF to P (Petition 68-6_1-20), was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #1026-68 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 Kleinert, seconded by Councilman Ventura, it was #1027-68 RESOLVED, that having considered the report and recommendation dated April 19, 1968 from the City Planning Commission which sets forth its resolution #3-33-68 with respect to Petition #68-1-6-1 submitted by the City Planning Commission, pursuant to council resolution #25-68, in connec- tion with a proposed amendment to Section 4.04 of Ordinance No. 543, as amended, the Zoning Ordinance, which amendment pertains to lot depth require- ments where immovable physical boundary limitations exist, and having also considered the report and recommendation of the Legislative Committee dated June 19, 1968, and the Council having conducted a public hearing 9871 with respect to this matter on September 9, 1968, pursuant to council resolution #875-68, the Council does hereby determine to approve the said petition in accordance with the recommendation made by the Legislative Committee, as modified, that the new language proposed for enactment as an amendment to Section 4.04 read as follows: *Lot depth requirements as stated above need not be adhered to where immovable physical boundary limitations exist which prohibit meeting lot depth requirements, provided that all minimum area and width requirements are met. and the Department of Law is hereby requested to prepare an ordinance amendment to Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was iii #1028-68 RESOLVED, that having considered a communication dated July 29, 1968 from Rodney C. Kropf, attorney for Daniel A. Udell, which, in accord- ance with provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on July 23, 1968 by the City Planning Commission in its resolution #7-69-68 with respect to Petition #68-5-2-9 submitted by the aforesaid party, requesting permission to construct a Shell Service Station as a waiver use on property zoned C-2 and located on the southeast corner of Plymouth Road and Farming- ton Road in the N. W. 1/4 of Section 34, and the Council having conducted a public hearing with respect to this matter on September 9, 1968, pursuant to council resolution #917-68, the Council does hereby concur in the recom- mendation made by the City Planning Commission and Petition #68-5-2-9 is denied, such action to be based upon the same conditions.: as those which are set forth in the aforesaid recommendation of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. On motion of Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, this 621st regular meeting of the Council of the City of Livonia was duly adjourned at 10:02 P. M., September 11, 1968. L K-:4---.14.-----14---. J / III • , ". :r' • ', - er