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HomeMy WebLinkAboutCOUNCIL MINUTES 1966-12-12 Page 83 .5 MINUTES OF THE FIVE HUNDRED FIFTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA L _________ On December 12, 1966, 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 8:33 P. M. Councilman Nash delivered the invocation. Roll was called with the following result: Peter A. Ventura, Rudolf R. Kleinert, Jerry Raymond, Robert F. Nash, Edward H. McNamara, Jack Salvadore and Edward G. Milligan. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, first Assistant City Attorney; William J. Strasser, Chief City Engineer; James A. Jordan, Police Chief; Victor Phillips, Budget Director; Dan Andrew, Industrial Coordinator; Henry Sieferd, City Assessor; Thomas Griffiths, Jr., Chief Accountant; Donald Nicholson, Director of LPublic Safety; David A. Perry, Assistant City Attorney; Frank Kerby, Chief Building Inspector; Don Hull, City Planner; John Nagy, Assistant City Planner; James L. Miller, Personnel Director; Wilbert Cooper, Director of Civil Defense; David L. Jones, Water and Sewer Commissioner; and Ronald L. Nisun, Constable. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #1226-66 RESOLVED, that the minutes of the 556th regular meeting of the Council of the City of Livonia, held November 28, 1966, are hereby approved. The following preamble and resolution were offered by Councilman Milligan and supported by Councilman McNamara: #1227-66 WHEREAS, December 12, 1966, at 7:00 o'clock p.m., Eastern Standard Time, has been set as the date and time for opening bids for the purchase of $1,150,000.00 General Obligation Park and Recreational Facilities Bonds, Series I, of the City of Livonia, County of Wayne, Michigan; AND WHEREAS, said bids have been publicly opened and read; AND WHEREAS, the following bids have been received; Page 8346 Bidder M�aturit Interest Rate Premium Northern Trust Co. 1967-81 5.00 % $ 11.00 1982 4.70 L1983-96 4.50 Continental Ill. Bank 1967-82 5.00 142.49 & Trust 1983-96 4.50 First of Michigan Corp. 1967-81 5.00 -0- 1982-83 4-3/4 1984 4-5/8 1985-96 4.50 Halsey Stuart & Co., Inc.1967-81 5.00 140.30 1982-87 4-3/4 1988-96 4.6o City National Bank 1967-81 5.00% 6.90 1982-89 4-3/4 1990-96 4.6o Clark, Dodge & Co. 1967-79 5.00 805.00 1980-96 4-3/4 AND WHEREAS, the bid of Northern Trust Company has been deter- mined to produce the lowest interest cost to the City; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The bid of Northern Trust Company, as above stated, be and the same is hereby accepted. 2. Checks of the unsuccessful bidders be returned to each bidder's representative or by registered mail. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. The President of the Council announced that the Council had received two veto messages from the Mayor, the first on Ordinance No. 595, relative to Petition 65-10-1-37, adopted on November 28, 1966, and the second on Ordinance No. 598, relative to Petition 65-11-1-39, also adopted on November 28, 1966. Councilman Kleinert re-introduced Ordinance No. 595, Amending Section 23 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 3.28 Thereto, (Petition 65-10-1-37) and a roll call vote was conducted thereon with the following result: Page 8347 AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. The President declared the Mayor's veto over-ruled, and the Ordinance would become effective on publication. Councilman Nash re-introduced Ordinance No. 598, Amending Section 11 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 3.29 Thereto, (Petition 65-11-1-39) and a roll call vote was conducted thereon with the following result: AYES: Nash, Salvadore, Milligan, McNamara, Raymond, and Ventura. NAYS: Kleinert. The President declared the Mayor's veto over-ruled, and the Ordinance would become effective on publication. By Councilman Kleinert, seconded by Councilman Salvadore, it was #1228-66 RESOLVED, that having received the letter from the Mayor dated December 12, 1966 regarding the option on the Pickitt property, and not fully understanding the program as made in it by the Mayor, the Council requests that the Mayor clarify his position and inform the Council as to how the land is to be purchased and by the use of what funds; and further, that having considered a letter dated November 23, 1966 from the Department of Law concerning an Option to Purchase for the sum of $1.00 which was obtained from Harry Pickitt and Wilma A. Pickitt, his wife, the owners of property commonly identified as Parcel K-2 in Section 6, which consists of ten acres more or less and which is part of an overall site which is 100 acres in size located in the Southwest 1/4 of Section 6 and for which an application for a federal 50% grant in aid has previously been submitted under the Open-Space Land Program, the Council does hereby accept the said Option to Purchase for the following described land: That part of the S. W. 1/4 of Section 6, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the east line of Haggerty Road distant S. 88° 09' S. 60 feet and N. 1° 51' E. 2050.39 feet from the S. W. corner of Section 6 and proceeding thence N. 1° 51' E. along the east line of Haggerty Road (120 feet in width) 480.13 feet; thence along a curve to the right 31.42 feet to the south line of Phillips Road, said curve having a radius of 20.00 feet and a long chord of 28.19 feet in length with a bearing of N. 46° 39' 39" E.; thence tangent to said curve S. 88° 31' 42" E. along the south line of Phillips Road (43 feet in Page 8348 width) 851.54 feet; thence S. 10 51' W. 500 feet; thence N. 88° 31' 42" W. 871.41 feet to the point of beginning, containing 10.00 acres more or less; such option to be for a four-month period commencing November 21, 1966 and terminating on March 20, 1967, and to be based upon the terms and conditions as outlined in the aforesaid communication from the Department of Law; and further, the Council does hereby amend, rescind and modify council resolution 1182-66 to the extent necessary to make the same consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. The following resolution was unanimously introduced, supported and adopted: #1229-66 RESOLVED, that having considered a letter from the Personnel Director dated December 9, 1966, approved by the Mayor and the Budget Director, which transmits a resolution adopted by the Civil Service Commission on December 6, 1966, wherein the Commission, pursuant to Council resolution #984-66, recommends that the Council concur in a pro- posed contract drafted by the Department of Law and signed by representa- L, tives of Council 23 and Local 192 of the International Union of the American Federation of State, County and Municipal Employees, and wherein the Commission further requests that the Council concur in the necessary amendments to the Compensation Plan and the Insurance and Disability Plan in order to effectuate the aforesaid agreement, the Council does hereby approve and concur in the aforesaid action and the Mayor and City Clerk are hereby authorized to affix their signatures to the aforesaid contract for and on behalf of the City of Livonia, 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. The following resolution was unanimously introduced, supported and adopted: #1230-66 RESOLVED, that having considered a letter from the Personnel Director dated December 9, 1966, approved by the Mayor and Budget Director, which transmits a resolution adopted by the Civil Service Commission on December 6, 1966 with respect to rates and benefits for classifications in the City service not represented by employee organizations, wherein the Commission has made a recommendation to the Council for these classifica- tions, to be effective December 1, 1966, excepting therefrom supervisory personnel in the Police Department, winter and summer recreation classifi- cations, and administrative classifications including department heads, Page 83 .9 assistant department heads and assistant attorney classifications, the Council does hereby approve of and concur in the recommendations made by the Civil Service Commission, which rate adjustments and improved benefits shall be as follows: 1. An increase in rate of 37¢ an hour or 10%, whichever is greater; 2. The City's assumption of the full cost and payment for the present $6000 employee life insurance, accident and sick- ness policy; 3. Payment of 25% of accumulated sick leave in cash upon retirement, death or duty disability; 4. An additional one-half (1/2) day holiday the afternoon of New Year's Eve; and 5. The payment in cash at time and a half (1-1/2) for overtime for employees earning no more than $7650.00 a year, and the payment in cash at straight time for employees earning more than $7650.00 a year; further, the aforesaid action shall apply to the classifications set forth in the aforesaid communication; further, employees in the classifications of Foreman I and II shall be compensated in the manner indicated with respect to overtime and shift premium pay; further, the following temporary classifications shall be adjusted in the following manner: Classification Present Proposed Rate Rate Library Page I $1.43 $1.70 Co-op Trainee 1.12 1.40 Special Police 2.20 2.50 Special Police, Sgt. 2.36 2.65 Special Police, Lt. 2.50 2.80 and the Council does hereby defer action at this time on the recommendation for reclassification of Librarian II and Personnel Analyst. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #1231-66 RESOLVED, that the Council does hereby table the proposed amendment to Ordinance No. 543, (Petition 66-5-6-9), submitted by the Department of Law, introduced by Councilman Milligan on November 28, 1966, to the Study Meeting of December 12, 1966. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Raymond, and Ventura. NAYS: Milligan, Kleinert, and McNamara. The President declared the tabling resolution adopted. Page 8350 By Councilman Nash, seconded by Councilman McNamara, it was #1232-66 RESOLVED, that having considered the report and recommendation dated August 22, 1966 from the City Planning Commission which sets forth its resolution #8-133-66 in regard to Petition 66-6-1-13 submitted by Harry B. Wright in behalf of Mrs. Lillian Finkell and Ralph E. and Isabelle C. Wright, requesting to rezone property located on the east side of Melvin Avenue between Seven Mile Road and Clarita Avenue, Parcel Bla from R1A to C-2 for a general commercial development, and Parcel Blb from R1A to R-7 for a multiple housing development, in the Northeast 1/4 of Section 11, and the Council having conducted a public hearing with regard to this matter on October 26, 1966 pursuant to its resolution #938-66, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 66-6-1-13 is hereby denied for the reasons set forth in the Planning Commission's denial. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, Milligan, Kleinert, McNamara, Raymond and Nash. NAYS: Ventura. The Vice-President declared the resolution adopted. The President relinquished the Chair to the Vice-President at 9:11 P. M. to speak on the above matter, and resumed the Chair at 9:17 P. M. The Minutes of the Drainage Boards for the Blue Drain and for Livonia Drains 24, 25, 1, 11, 22 and 23, transmitted by the Deputy Drain Commissioner, were received and filed for the information of the Council. By Councilman McNamara, seconded by Councilman Raymond, it was #1233-66 RESOLVED, that having considered a letter from the Chief City Engineer and the Water and Sewer Commissioner dated November 8, 1966, approved by the Mayor and Director of Public Works, as well as a letter from John E. Hiltz & Associates, Inc. dated October 31, 1966, with regard to the contract with D'Agostini Construction Co., Inc. in connection with the construction of the Seven Mile-Flamingo Sanitary Sewer, Area 4a, W.C.R.C. Job No. S-210-C1, wherein it is indicated that the project has been satisfactorily completed in accordance with the plans and specifica- tions of the City of Livonia and the Wayne County Road Commission, the Council does hereby determine to consent to and approve of the Wayne County Road Commission processing the final payment for this project and the release of the contractor and acceptance of the improvement; and the City Clerk is hereby requested to forward a certified copy of this resolu- tion to the Wayne County Road Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. Page 8351 By Councilman McNamara, seconded by Councilman Milligan, it was #1234-66 RESOLVED, that having considered a letter from the Chief City Engineer and the Water and Sewer Commissioner dated November 8, 1966, approved by the Mayor and the Director of Public Works, as well as a letter from John E. Hiltz & Associates, Inc. dated October 31, 1966, with regard to the contract with D'Agostini Construction Co., Inc. in connection with the construction of the Hubbard-Baseline Sanitary Sewer, Area 4b, W.C.R.C. Job No. S-210-C2, wherein it is indicated that the project has been satisfactorily completed in accordance with the plans and specifica- tions of the City of Livonia and the Wayne County Road Commission, the Council does hereby determine to consent to and approve of the Wayne County Road Commission processing the final payment for this project and the release of the contractor and acceptance of the improvement; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Road Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Raymond, it was #1235-66 RESOLVED, that having considered a letter from the Chief City Engineer dated November 7, 1966, approved by the Mayor and Director of Public Works, which transmits 2 Quit Claim Deeds from the Livonia Public Schools School District, submitted pursuant to council resolution #373-66, conveying and dedicating to the City of Livonia certain property, without reservations or qualifications, in connection with the Newburgh Road Water Transmission Main, and which deeds are more particularly described as follows: Quit Claim Deed dated October 27, 1966, executed by A. Edward Katz, Secretary, Board of Education, Livonia Public Schools School District, conveying the west 60 feet of the following described parcel; (Parcel 17E1b2, E2b, Hlb, H2) - The South 1/2 of the South 1/2 of the Northwest 1/4 of Section 17, Town 1 South, Range 9 East, City of Livonia, County of Wayne, Michigan; and Quit Claim Deed dated October 27, 1966, executed by A. Edward Katz, Secretary, Board of Education, Livonia Public Schools School District, conveying the west 60 feet of the following described parcel: (Parcel 08H2a, H2bl) - The North 50 acres of the South- west 1/4 of Section 8, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, except the South 350 feet of the West 250 feet thereof; the Council does hereby accept for and in behalf of the City of Livonia the aforesaid Quit Claim Deeds and the City Clerk is hereby requested to have such documents 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. Page 8352 A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Milligan, it was #1236-66 RESOLVED, that having considered the communication from Elmdale, Inc. by E. C. Schubiner, Secretary, dated November 10, 1966, and before determining to install street lights on Lancaster Avenue, north of Five Mile Road, in the City of Livonia, Wayne County, Michigan, the cost of which is to be defrayed by special assessment, the Chief 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 delinquencies, 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 Sections 3.03 and 4.01 of Ordinance No. 401, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman McNamara, it was #1237-66 RESOLVED, that having considered the report and recommendation dated November 7, 1966, from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby amend Item No. 8 of council resolution #651-65 adopted on June 30, 1965, subsequently amended by council resolution #174-66 adopted on February 9, 1966, so as to reduce the sidewalk bond for remaining sidewalk installation in Greenwood Farms Subdivision to $12,000.00 of which at least $2,400.00 shall be in cash, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; and further, the general improvement bond in the amount of $5,500.00 in cash shall remain unchanged; and the City Clerk and 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Milligan, it was #1238-66 RESOLVED, that having considered a communication dated November 14, 1966 from the Department of Law transmitting four Warranty Page 8353 Deeds, submitted pursuant to council resolution #985-66, conveying certain rights-of-way to the City of Livonia in connection with the Farmington Road widening project between Seven and Eight Mile Roads, which deeds are more particularly described as: Warranty Deed dated November 7, 1966 executed by Clyde Francis Centers and Edna Marie Centers, his wife, conveying: the west 60 feet of that part of the Northwest 1/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the west section line distant due South, 823.96 feet, from the N. W. corner of Section 3 and proceeding thence S 89° 55' 30" E, 431.38 feet; thence S 0° 011 20" E, 449.95 feet; thence N 89° 55' 10" W, 431.56 feet; thence due North along the west section line, 449.91 feet to the point of beginning. (Bureau of Taxation Parcel 03F4) Warranty Deed dated November 8, 1966 executed by Claron D. Shultz and Wilma L. Schultz, his wife, conveying: the east 60 feet of Parcel 04D1 which parcel is described as the south 118 feet of the north 580 feet of the E. 1/2 of the E. 1/2 of the N. E. 1/4 of Section 4, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan. Warranty Deed dated November 8, 1966 executed by Viola Sweezie conveying: The west 60 feet of the following described parcel (Parcel 03M) : that part of the West 1/2 of the Southwest 1/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the west line of said section distant North, 1797.0 feet from the southwest corner of Section 3 and proceeding thence north along said west line, 183.0 feet; thence East, 218.0 feet; thence South, 183.0 feet; thence west, 218.0 feet to the point of beginning. Warranty Deed dated November 8, 1966 executed by Robert K. Sweezie and Viola A. Sweezie, his wife, conveying: the west 17 feet of Lots 1 and 2 of Westmore Subdivision of part of the West 1/2 of the Southwest 1/4 of Section 3, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan, according to the plat thereof as recorded in liber 48, page 85 of plats, Wayne County records. the Council does hereby accept for and in behalf of the City of Livonia the aforesaid Warranty Deeds and the City Clerk is hereby requested to have such documents 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. Page 8354 A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. Councilman Nash introduced the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 66-2-3-2) 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 it were 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 Raymond, seconded by Councilman Kleinert, it was #1239-66 RESOLVED, that having considered a letter from the Chief of the Police Division and the Director of Public Safety dated October 28, 1966, approved by the Mayor and Budget Director, the Council does hereby reject all bids received for supplying the City with a Polygraph and for supply- ing the City with a Stoelting Subject's Chair, for the reason that the Council does not feel such equipment is necessary at this time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: Nash. The President declared the resolution adopted. The communication from the Department of Law dated November 18, 1966 regarding Court Case No. 320-964 (Robert Herndon vs. City of Livonia), was received and filed for the information of the Council. By Councilman Kleinert, seconded by Councilman McNamara, it was #1240-66 RESOLVED, that having considered the report and recommendation dated November 7, 1966 from the Chief City Engineer, approved by the Mayor, Water and Sewer Commissioner, and the Director of Public Works, and the attached final construction estimate dated November 7, 1966, and the Contractor's Affidavit and a copy of Change Order #1 which are attach- ed to such communication, and having also considered the communication dated November 18, 1966 from the Assistant City Engineer in connection with a request made by the U. S. Fidelity & Guarantee Company with regard to this matter, the Council does hereby authorize final payment in the amount of $1,911.50 from the Water Division Funds made payable to the A. & J. Construction Company, 12753 Stark Road, Livonia, Michigan and Page 8355 the U. S. Fidelity & Guarantee Company, which sum includes the full and complete balance due on a contract dated August 4, 1965 and also a sum of $200.00 for additional work performed by the aforesaid A. & J. Construction Company in connection with the 1965 Hydrant Installation Program, it being the understanding of the Council that all work under the said contract has been completed in accordance with City standards and specifications, and that the contractor has filed his declaration that there is no money owing for any labor or material in connection with the work performed under the said contract; and the City Clerk and 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #12L4.1-66 RFSOLVED, that having considered the report and recommendation dated November 14, 1966 from the Chief City Engineer, approved by the Mayor and the Director of Public Works, the Council does hereby release any and all bond requirements and financial assurances which have been previously deposited with and/or required by the City in accordance with the improvements to be installed in the Livonia Meadows Subdivision located in the Southeast 1/4 of Section 12, it appearing from the afore- said report of the Chief City Engineer that all required improvements have been satisfactorily installed; and the City Clerk and City Treasurer are hereby required 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. *Councilman Salvadore was excused at 9:36 P. M. By Councilman McNamara, seconded by Councilman Nash, it was #1242-66 RESOLVED, that having considered the report and recommendation dated October 31, 1966, from the Chief City Engineer, approved by the Mayor, the Superintendent of Parks & Recreation, the Consulting Landscape Architect, and the Director of Public Works, and the attached final construction estimate dated October 31, 1966, and the Contractor's Affidavit, Contractor's Declaration and Change Orders 1 & 2 which are attached to such communication, the Council does hereby authorize final payment in the amount of $1,397.50 to Harry Fox, Inc., 28150 Hayes Road, Roseville, Michigan, which sum includes the full and complete balance due on a contract dated June 6, 1966 and also a sum of $1,204.00 for additional work performed by the aforesaid company in connection with clearing and grubbing of additional acreage for the back nine (hole #12 and hole #15), with regard to Contract No. 1 for the development of the Whispering Willows Golf Course, it being the understanding of the Council that all work under the said contract has been completed in accordance Page 8356 with City standards and specifications, and that the contractor has filed his declaration that there is no money owing for any labor or material in connection with the work performed under said contract; and for this purpose the Council does hereby authorize an advance of $1,204.00 from the General Funds for the purpose set forth in this resolution, the same to be reimbursed from the proceeds of the S1,150,000.00 General Obligation Park and Recreational Facilities Bonds, Series I; and the City Clerk and 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: Nash, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. At 9:38 P. M., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Salvadore, seconded by Councilman McNamara, and unanimously adopted, it was #1243-66 RESOLVED, that having considered a letter from Mr. Alvin G. Shippel, Chairman of the Board of Trustees for the Holy Trinity Lutheran Church, 15005 Fairway Drive, Livonia, Michigan, dated November 17, 1966, wherein it is requested that a street light be installed on or near the front of the church property at 39020 Five Mile Road, Livonia, the Council does hereby refer this matter to the Streets, Roads and Plats Committee. By Councilman Salvadore, seconded by Councilman Kleinert, it was #1244-66 RFROLVED„ that having considered the report and recommendation dated November 15, 1966 from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby release to Bonadeo Corporation, 24801 Five Mile Road, Detroit, Michigan 48239, the $13,000.00 bond deposited with the City in accordance with Council Resolution No. 444-60 adopted July 25, 1960, as amended by resolution #614-60 adopted October 17, 1960, in connection with improvements to be installed in Fairway Farms Subdivision No. 3, located in the Southeast 1/4 of Section 17, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the Chief City Engineer that all re- quired improvements have been satisfactorily installed; and the City Clerk and 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. Page 8357 The Municipal Court report for the month of October, 1966, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman McNamara, it was #1245-66 RESOLVED, that having considered a communication dated November 17, 1966 from the Department of Law transmitting two Warranty Deeds, submitted pursuant to council resolution #985-66, conveying certain rights-of-way to the City of Livonia in connection with the Farmington Road widening project between Seven and Eight Mile Roads, which deeds are more particularly described as: Warranty Deed dated September 20, 1966 executed by Jose Rabinovich and Elisa Rabinovich, his wife, and Walter Muller and Bluma F. Muller, his wife, conveying: the easterly 60 feet of a parcel of property described as follows: That part of Section 4, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as the East 1/2 of the S. E. 1/4 of Section 4, except that part thereof described as beginning at a point on the South line of said section distant S. 89° 57' 10" West, 1176.20 feet from the Southeast corner of Section 4 and proceeding thence S. 89° 57' 10" West along said South line, 150.10 feet; thence N. 0° 05' East, 600.0 feet; thence N. 89° 57' 10" East, 1)18.95 feet; thence S. 0° 00' 50" East 600.0 feet to the point of beginning and also except that part thereof described as begin- ning at a point on the East line of said section dis- tant N. 0° 00' 50" West 375.0 feet from the Southeast corner of Section 4 and proceeding thence S. 89° 571 10" West 351.20 feet; thence N. 0° 00' 50" West 150.0 feet; thence S. 89° 57' 10" West 75.0 feet; thence N. 0° 00' 50" West, 75.0 feet; thence S. 89° 57' 10" West 75.0 feet; thence N. 0° 00' 50" West, 1217.04 feet; thence N. 89° 57' 10" East, 501.20 feet to the East line of Section 4; thence S. 0° 00' 50" East along said line, 1442.04 feet to the point of beginning; also except the South 60 feet of the East 300 feet thereof, subject to the rights of the public in Farmington Road, Also The easterly 60 feet of a parcel of property described as follows: That part of the East 1/2 of the Southeast 1/4 of Section 4, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the East line of said Section distant North along said line 1200.00 feet; thence West 501.20 feet; thence North 617.04 feet; thence East 501.20 feet to the East section line; thence South along said line 617.04 feet to the point of beginning, subject to the rights of the public Lin Farmington Road; Warranty Deed dated November 14, 1966 executed by Lillian Trapp conveying: Page 8358 The East 60 feet of the following parcel: The south 66.0 feet of the North 891.0 feet of the E. 1/2 of the E. 1/2 of the N. E. 1/4 of Section 4, T. 1 S., R. 9 E., Livonia Township (now City of Livonia, Wayne County, Michigan. (04F) the Council does hereby accept for and in behalf of the City of Livonia the aforesaid Warranty Deeds and the City Clerk is hereby requested to have such documents 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #1246-66 RESOLVED, that having considered a letter from the Municipal Judge dated November 18, 1966 with regard to the bids received for the renovation of the storage area attached to the Municipal Court in order to provide the Probation Department with adequate facilities, the Council does hereby reject the same and does hereby request that the Director of Public Works and the Budget Director do all things necessary to readvertise and take new bids in connection with this matter. The letter from the Mayor, dated November 28, 1966 relative to CR1131-66 (Federal Aid for Civic Center Underground Wiring), was received and filed for the information of the Council. By Councilman Kleinert, seconded by Councilman Milligan, it was #1247-66 RESOLVED, that having considered the report and recommendation dated November 25, 1966 from the Chief City Engineer, approved by the Mayor and Director of Public Works, and the attached final construction estimate dated November 25, 1966, the Council does hereby authorize final payment in the amount of S1,096.80 to Weissman Contracting Corp., 15500 Telegraph Road, Detroit, Michigan 48239, which sum includes the full and complete balance due on a contract dated August 31, 1966, in connection with the Farmington Road Sanitary Sewer Extension to Awrey Bakery, it being the understanding of the Council that all work under the said contract has been completed in accordance with City standards and specifications, and that the contractor has filed his declaration that there is no money owing for any labor or material in connection with the work performed under the said contract; and the City Clerk and 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. Page 8359 By Councilman McNamara, seconded by Councilman Salvadore, it was #1248-66 RESOLVED, that having considered the report and recommendation dated October 19, 1966 from the Chief City Engineer, approved by the Mayor, the Superintendent of Parks & Recreation, and the Director of Public Works, and the attached final construction estimate dated October 19, 1966, and the Contractor's Affidavit and Waivers of Lien which are attached to such communication, the Council does hereby authorize final payment in the amount of 31,729.10 to Ray Warren Excavating Company, 27629 Haggerty Road, Farmington, Michigan, which sum includes the full and complete balance due on a contract dated June 9, 1966, in connection with the construction of pond and earth dam of Whispering Willows Golf Course (Contract No. 5), it being the understanding of the Council that all work under the said contract has been completed in accordance with City standards and specifications, and that the contractor has filed his declaration that there is no money owing for any labor or material in connection with the work performed under the said contract; and the City Clerk and 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman McNamara, it was #1249-66 RESOLVED, that having considered the report and recommendation dated November 16, 1966 from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby release to Jako Land Company, 15030 Wyoming, Detroit, Michigan 48221, the 38,000.00 bond and the $3,000.00 bond deposited with the City in accordance with Council Resolution No. 791-61 adopted November 13, 1961, as subsequently amended by resolutions #473-62, #609-62, #687-62, #751-62, #44-65 and #765-65, in connection with improvements to be installed in Madonna Estates Subdivision located in the Southeast 1/4 of Section 20, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the Chief City Engineer that all required improvements have been satisfactorily installed; provided, however, that the proprietor of the subject subdivision shall be required to make an escrow deposit with the City Clerk of $500.00 cash to insure the construction of 600 feet of sidewalk in this subdivision, such amount to be reimbursed to the proprietor upon a certification being received from the Chief City Engineer that such sidewalk has been satisfactorily installed; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the Dill performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Nash, it was #1250-66 RESOLVED, that having considered the report and recommendation dated November 9, 1966 from the Chief City Engineer, approved by the Page 8360 Mayor and Director of Public Works, the Council does hereby release to Biltmore Building Company, 22100 Greenfield, Detroit, Michigan 48237, the S11,500.00 bond deposited with the City in accordance with Council Resolution No. 643-61 adopted September 18, 1961, as subsequently amended by resolutions #367-62, #507-62, #712-62 and #253-65, in connection with improvements to be installed in Biltmore Estates Subdivision located in the Southeast 1/4 of Section 20, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the Chief City Engineer that all required improvements have been satisfactorily installed; and further, the Council does hereby authorize the release of the $5,000.00 deposit which has been held by the City in escrow pursuant to council resolution #643-61 and which was for the purpose of maintaining the drainage ditch referred to in the aforesaid communication and which requirement has been completed in accordance with City standards in this regard; and the City Clerk and 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. By Councilman Raymond, seconded by Councilman McNamara, it was #1251-66 RESOLVED, that having considered the report and recommendation dated November 10, 1966 from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby reject the bids received for the improvement of Arcola Avenue, south to West Chicago, and does hereby request that the City Engineer and the Budget Director do all things necessary to readvertise and take new bids in connection with this project during the months of February and March of 1967. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman McNamara, and unanimously adopted, it was #1252-66 RESOLVED, that having considered a letter from the Director of the License Division of the Michigan Liquor Control Commission dated November 25, 1966, regarding an application from Leo R. Burton, 37630 Sherwood Court, Livonia, Michigan, for a now full year Class "C" license to be located in the City of Livonia, the same is hereby referred to the Committee of the Whole for its consideration along with all other such applications. By Councilman McNamara, seconded by Councilman Salvadore, it was #1253-66 RESOLVED, that having considered a letter dated November 29, 1966 from C. A. Hoffman, Manager of Livonia Lanes, 31630 Plymouth Road, Livonia, Michigan, requesting permission to serve alcoholic beverages on Page 8361 the concourse area of the aforementioned bowling establishment for one night only during the hours permissible under law, for the purpose of having a closed party on New Year's Eve, the Council does hereby determine that there having been a good cause shown to suspend the restriction imposed in Section 15.6 of Ordinance No. 12, as amended, does hereby grant permission and authorization to the Livonia Lanes bowling establish- ment, 31630 Plymouth Road, Livonia, Michigan, to serve alcoholic beverages on the concourse area (not to include bowling lane approach areas), for one night only commencing 9:00 P. M. on December 31, 1966 and ending 2:30 A. M. on January 1, 1967. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #1254-66 RESOLVED, that having considered a communication dated November 23, 1966 transmitting a Quit Claim Deed executed on November 9, 1966 by Charles G. Brown and Genevieve M. Brown, his wife, regarding the dedication of a portion of Parcel 32J in connection with the proposed widening of Plymouth Road, which deed is more particularly described as follows: Land situated in the City of Livonia, County of Wayne and State of Michigan, and more particularly described as beginning at a point on the north line of Section 32, T. 1 S., R. 9 E., distant 656.20 feet S 89° E., from the North quarter section corner of said Section; thence running S 1° 04' W., 60 feet measured from the center of Plymouth Road; thence S 88° 32' E., 215.20 feet; thence N. 0° 04' E., 60 feet to the center of Plymouth Road; thence N 89° 00' W., to the point of beginning. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deed 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #1255-66 RESOLVED, that having considered a communication dated November 23, 1966 from the Department of Law transmitting a Warranty Deed, submitted pursuant to council resolution #617-66, covering acquisition of certain property in connection with the Farmington Road widening project between Seven and Eight Mile Road, which deed is more particularly described as follows: Page 8362 A Warranty Deed dated November 21, 1966 executed by Robert Chouinard and Nancy J. Chouinard, his wife, conveying to the City of Livonia the east 60.0 feet of the following described parcel: the south 105.86 feet of the East 1/2 of the East 1/2 of the Northeast 1/4 of Section 4, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan. (Parcel 04-Y) the Council does hereby accept for and in behalf of the City of Livonia the aforesaid Warranty Deed and the City Clerk is hereby requested to have such deeds 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura. NAYS: None. By Councilman Salvadore„ seconded by Councilman Milligan, and unanimously adopted, it was #1256-66 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 Milligan, seconded by Councilman Salvadore, it was #1257-66 RESOLVED, that the Council does hereby request the Board of Wayne County Road Commissioners to consider the amendment and modification of the Fourth Amendatory Agreement between the City and the Board of County Road Commissioners authorized by Council Resolution No. 300-66 so as to make provision therein for the continuation of a parkway and boulevard treatment from the present northerly most authorized point to a point approximately 1,000 feet north of Five Mile Road, the design of which shall be consistent with plans previously submitted by the Engineer- ing Division of the City of Livonia to the County Highway Engineer of the Board of Wayne County Road Commissioners; and further, the Council does hereby request that to the extent possible the additional proposed boulevard treatment shall be made within the normal 120 foot width of right-of-way with the necessary transition provided in this regard from the previously agreed upon 138 feet of right-of-way; and further, the City Clerk is hereby requested to forward four certified copies of this resolution to the Board of Wayne County Road Commissioners to the attention of Mr. James M. Davey, Managing Director. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, Raymond, and Ventura. NAYS: McNamara. The President declared the resolution adopted. Page 8363 By Councilman Nash, seconded by Councilman McNamara, and unanimously adopted, it was #1258-66 RESOLVED, that the Council does hereby amend and modify Council Resolution Nos. 116-66 and 117-66 so as to delete from the same the following: "ending 4:00 A. M. on January 1, 1967," where the afore- said phrase is used in such resolutions and insert in lieu thereof the following: "ending 2:30 A. M. on January 1, 1967." By Councilman Kleinert, seconded by Councilman Raymond, and unanimously adopted, it was #1259-66 RESOLVED, that the regular meetings of the Council of the City of Livonia for the month of January, 1967, will be held on the 9th, 16th, 23rd, and 30th. On motion of Councilman Raymond, seconded by Councilman Nash, and unani- mously adopted, this 557th regular meeting of the Council of the City of Livonia was duly adjourned at 10:55 P. M., December 12, 1966. 2-tx/ ADDISON W. BACON, Ci a