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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-10-13 10889 MINUTES OF THE SIX HUNDRED SIXTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 13, 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 8:10 P. M. Councilman McCann delivered the invocation. Roll was called with the following result: Present--Edward H. McNamara, Jerry Raymond, Peter A. Ventura, Robert E. McCann, Robert F. Nash, Edward G. Milligan, and *Rudolf R. Kleinert. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Albert W. Easton, Assistant City Attorney; Robert A. Shaw, Director of Public Works; David L. Jones, Water and Sewer Commissioner; Donald Nicholson, Director of Public Safety; William J. Strasser, City Engineer; Don Hull, City Planner; Dan Andrew, Industrial Coordinator; 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; Richard Simpson Traffic Commission; Harry Wrightman, Planning Commission; and John T. Dufour, Superintendent of Parks and Recreation. By Councilman McCann, seconded by Councilman Nash, and unanimously adopted, it was #1115-69 RESOLVED, that the minutes of the 663rd regular meeting of the Council of the City of Livonia, held October 6, 1969, are hereby approved. The communication from the City Treasurer, dated October 8, 1969, with respect to the establishment of the tax rate for the year 1969, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Milligan, it was #1116-69 RESOLVED, that after considering a letter dated October 8, 1969 from the City Clerk, the Council does hereby accept the proposal of Haskins& Sells, Detroit, Michigan, Certified Public Accountants, to perform the annual audit of the accounts of both the City of Livonia for the fiscal year ending November 30, 1969, and the Water and Sewer Division for the fiscal year ending March 31, 1970, as required by the City Charter and the State Uniform Accounting Act No. 2, 1968, for a fee not to exceed the sum of $10,600.00 for the City of Livonia, and $5,200.00 for the Water & Sewer Division, and further, the City Clerk, as Chief Accountant of the City of Livonia is hereby authorized to enter into a formal agreement with said firm, subject 10890 to the approval as to form by the City Attorney, and to do all other things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES : McCann, Nash, Milligan, Ventura, Raymond and McNamara. NAYS : None. The communication from the Department of Law, dated October 8, 1969, with respect to Civil Action No. 121278, City of Livonia vs Great-West Life Assurance Company, et al, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the Budget Director, dated October 13, 1969, wherein he indicates the intent by the workmen's compensation carrier to cancel and the intent of the building and contents carrier not to renew, the Council does hereby request that we make immediate application to the High Risk Pool on the building and content insurance and notify our insurance carrier that this has been done; further does hereby request a meeting of the Committee of the Whole on Wednesday, October 15, 1969, to discuss both insurance contracts referred to. By Councilman Ventura, seconded by Councilman Raymond, it was #1117-69 RESOLVED, that the Council does hereby table the matter of considering the insurance contracts covering the building and contents and the workmen's compensation insurance until after the Committee of the Whole Meeting. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Raymond and McNamara. NAYS: Nash and Milligan. The President declared the resolution adopted. *Councilman Kleinert arrived at 8:32 P. M. By Councilman McCann, seconded by Councilman Milligan, and unanimously adopted, it was #1118-69 RESOLVED, that the Council does hereby request the City Clerk, City Attorney and the Budget Director to address a letter to the Insurance Commission as to our predicament; and further requests that a copy of such letter be forwarded to our State Representative and to our State Senator. Councilman Nash gave second reading to the following Ordinance 10891 AN ORDINANCE AMENDING SECTION 22.02 OF ARTICLE XXII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," RE: PETITION 69-2-6-4 (ZONING COMPLIANCE PERMIT REQUIRED, INTRODUCED BY COUNCILMAN NASH ON OCTOBER 6, 1969. A roll call vote was taken on the foregoing Ordinance with the following result AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Nash gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 22.09 OF ARTICLE XXII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE,". RE• PETITION 69-2-6-5 (TEMPORARY CERTIFICATE OF OCCUPANCY) INTRODUCED BY COUNCILMAN NASH ON OCTOBER 6, 1969. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By CouncilmAn McCann, seconded by Councilman Kleinert, it was #1119-69 WHEREAS, property described as: That part of the N. E. 1/4 of Section 1, 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 said section distant S.0°09' E. 2048.73 feet from the N. 1/4 corner of Section 1; and pro- ceeding thence S. 0°09' E. along said line 120.0 feet, thence N. 89°51' E. 832.0 feet to the center line of Angling Road; thence along said center line N. 176 10' 30" W. 43.82 feet and N. 25° 34' 30" W. 87.44 feet, thence S. 89° 51' W. 781.60 feet to the point of beginning. (2.25 acres) Taxation Parcel 01U12b - OlU12c Park Site Designation "A-6" Lenore & David Gregory 10892 is included in the Master Plan for Parks for the City of Livonia; and WHEREAS, the United States of America has entered into Contract OSA-58 which provides for financial assistance to the City of Livonia in acquiring the above described real property for park purposes; and WHEREAS, it is hereby determined, upon consideration of two com- petent independent appraisals that the fair market value of this real property is $5,000.00, 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 $5,000.00; and 2. the City Council does hereby authorize the expenditure of the sum of $14.62 for the proration of the 1968 City, County, and School taxes applicable to this property, prorated as of the date of the purchase agreement, and does further authorize the expenditure of the sum of $55.00 to cover the cost of the title insurance policty on the subject property; and 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 provisions 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 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 : McCann, Nash, Kleinert, Raymond and McNamara. NAYS: Milligan and Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was #1120-69 WHEREAS, the $2500 State property tax exemption for senior citizens has been seriously eroded by inflation and rising property assessments, causing great hardship; and WHEREAS, this is a state wide problem which the City of Livonia feels is the concern of all municipalities and should be brought to the attention of the Legislature; NOW, THEREFORE, BE IT RESOLVED, that a proposed House Bill to be known as the Senior Citizen Factor Bill be submitted to our State Senator and Representatives for their consideration for possible amendment to existing legislation on senior citizen tax exemption; 10893 A. The original 1966 exemption for $2500.00 be indexed each year by the same State Equalized Valuation factor used on property assessments. B. the initial $10,000 S.R.V. limitation in 1966 on real property which the applicant was allowed to own would be indexed each year using the same S.E.V. factor that is applied to all assessed values. C. the initial $5,000 limit in 1966 on the applicant's income would be indexed according to cost of living changes each year. BE IT FURTHER RESOLVED, that this resolution be spread upon the journal of proceedings of this City Council and that the City Clerk be directed to transmit copies of this resolution to our State Senator and Representatives. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS• None. By Councilman Kleinert,seconded by Councilman Milligan, it was #1121-69 RESOLVED, that having considered the report and recommendation from the City Engineer, dated October 10, 1969, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Item No. 8 of its resolution #190-68, adopted on February 28, 1968, and as subsequently amended in council resolutions #880-68 and #513-69, so as to reduce the Sidewalk Bond now on deposit with the City for Gold Manor Subdivision #1 to $1,000.00 in cash to cover the cost of cleanup and miscellaneous adjustments in the said subdivision, further, the financial assurances now on deposit with the City for general improve- ments shall remain the same; 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 : McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS : None. By Councilman Milligan, seconded by Councilman Ventura, it was #1122-69 RESOLVED, that having considered the report and recommendation from the City Engineer, dated October 10, 1969, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Item No. 8 of its resolution #531-68, adopted on May 22,1968, and as subsequently amended in council resolution #1150-68, so as to reduce the Sidewalk Bond now on deposit with the City for Gold Manor Subdivision #2 to $23,000.00 of which $2000.00 shall be in cash, further, the financial assurances now on deposit with the City for general improvements shall remain the same; and the City Clerk and City Treasurer are hereby authoriz- ed to do all things necessary or incidental to the full performance of this resolution. 10894 L A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS. None. By Councilman Ventura, seconded by Councilman Raymond, it was #1123-69 RESOLVED, that having considered the report and recommendation from the City Engineer, dated October 10, 1969, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Item No. 8 of its resolution #1325-68, adopted on November 27, 1968, as subsequently amended by council resolutions #592-69, #820-69 and #879-69, so as to reduce the General Improvement Bond to $5000.00 cash to cover the cost of remaining improvements in Gold Manor Subdivision #3, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, the financial assurance now on deposit with the City for sidewalk improvements shall remain the same and unchanged; 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: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. LNAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was #1124-69 RESOLVED, that having considered a communication from the Parks and Recreation Commission, dated September 11, 1969, approved by the Budget Director and approved for submission by the Mayor, with regard to the purchase of a freezer to be used in the concession area at the golf course clubhouse, the Council does hereby authprize a sum not to exceed $300.00 from the Revenues of the Golf Course Concession Fund for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Nash, Milligan, Kleinert, Raymond and McNamara. NAYS • Ventura. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman McCann, it was L #1125-69 RESOLVED, that having considered a communication from the Water & Sewer Board, dated September 17, 1969, approved for submission by the Mayor, which transmits its resolution #WS 1260 8/69, the Council does hereby accept the bid of I. & T. Equipment Company, 28165 Greenfield Road, 10895 Southfield, Michigan, in the amount of $5747.80 for the construction of a Sanitary Sewer Extension on Floral Avenue north of Joy Road, based upon the Engineering Division's units of work involved and subject to the final payment based on the actual units of work as constructed in accord- ance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work; and the Director of Public Works is hereby authorized to approve all minor adjust- ments in the work as completed; further, the Mayor and the 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; and further, the Wayne County Road Commission is hereby requested to authorize an expendi- ture of $5747.80 from the Surplus Funds of the 1964 Sanitary Sewer Bond Issue (#210) to cover the cost of the subject Sanitary Sewer Installation; and the City Clerk is hereby requested to forward a copy of this resolu- tion to the Board of Wayne County Road Commissioners of Wayne County; and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result- AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. The communication dated September 17, 1969, from the Water & Sewer Board with respect to the Purlingbrook Sanitary Sewer Extension, was received and filed for the information of the Council. By Councilman Kleinert, seconded by Councilman Nash, it was #1126-69 RESOLVED, that having considered a communication from the Water & Sewer Board, dated September 17, 1969, approved by the Mayor for sub- mission, which transmits its resolution#WS 1259 8/69, the Council does hereby accept the bid of I. & T. Equipment Company, 28165 Greenfield Road, Southfield, Michigan, in the amount of $2,800.00 for the construction of a Sanitary Sewer Extension to Lot #1 of Dutch Mill Gardens (Lyndon Avenue), based upon the Engineering Division's units of work involved and subject to the final payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work; and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as completed; further, the Mayor and the 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; and further, the Wayne County Road Commission is hereby requested to authorize an expenditure of $2800.00 from the surplus funds of the 1964 Sanitary Sewer Bond Issue (#210) to cover the cost of the subject Sanitary Sewer installation; and the City Clerk is hereby requested to forward a copy of this resolution to the Board of Wayne County Road Commissioners of Wayne County; and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. 10896 LA roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS : None. By Councilman Nash, seconded by Councilman Kleinert, it was #1127-69 RESOLVED, that having considered a communication from the Water & Sewer Board, dated September 17, 1969, approved for submission by the Mayor, which transmits its resolution # WS 1261 8/69 with regard to a request made by Mr. Kenneth E. Brandt representing the owners of Parcel 31G2b for a sanitary sewer extension provided to the said parcel by the construction of a 10" trunk sewer from the existing sanitary sewer on the south side of Ann Arbor Trail at Hix Road in the N. E. 1/4 of Section 31, the Council does hereby authorize the expenditure of the sum of $1170.45 from the Sewage Disposal System, Contract Payment Fund, for the purpose of providing the necessary material to construct the said 10" Trunk Sewer, based upon the understanding that the owners of said parcel (Emil Caruso and Wanda Caruso, his wife) would supply all labor and equipment relating to the installation of the said trunk line extension; and the Director of Public Works, City Clerk and City Treasurer are 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 : McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS : None. By Councilman Kleinert, seconded by Councilman McCann, it was RESOLVED, that having considered the report and recommendation dated June 26, 1969 from the City Planning Commission which sets forth its resolution #5-73-69 in regard to Petition 69-4-1-13 submitted by Altone Corporation for a change of zoning on property located on the east side of Stark Road south of Plymouth Road in the N.E. 1/4 of Section 33, from RUF to PS; and the Council having conducted a public hearing with regard to this matter on September 17, 1969 pursuant to resolution #860-69, the Council does hereby concur in the recommendation of the Planning Com- mission and the said Petition 69-4-1-13 is hereby denied for reasons similar to those set forth in the action taken by the Planning Commission By Councilman Ventura, seconded by Councilman Milligan, it was #1128-69 RESOLVED, that having considered the report and recom- mendation dated June 26, 1969 from the City Planning Commission which sets forth its resolution #5-73-69 in regard to Petition 69-4-1-13 submitted by Altone Corporation for a change of zoning on property located on the east side of Stark Road south of Plymouth Road in the N. E. 1/4 of Section 33, from RUF to PS; and the Council having conducted a public hear- ing with regard to this matter on September 17, 1969 pursuant to resolution #860-69, the Council does hereby determine to table this matter to the regular meeting of the Council to be held October 27, 1969. 10897 A roll call vote was taken on the foregoing resolution with the following result: AYES : Nash, Milligan, Ventura and Raymond. NAYS: McCann, Kleinert and McNamara. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was #1129-69 RESOLVED, that having considered the report and recommendation dated June 25, 1969 from the City Planning Commission which sets forth its resolution #5-72-69 in regard to Petition 69-4-1-12 submitted by Brashear, Brashear and Duggan for Rocco and Constance Ferrera for a change of zoning on property located on the west side of Middlebelt Road, north of Clarita Street, in the N.E. 1/4 of Section 11, from PS to C-2; and the Council having conducted a public hearing with regard to this matter on September 17, 1969 pursuant to resolution #860-69, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 69-4-1-12 is hereby approved and granted, 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Ventura, Raymond and McNamara. NAYS: McCann and Kleinert. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Kleinert, it was #1130-69 RESOLVED, that having considered the report and recommendation dated May 9, 1969 from the City Planning Commission which sets forth its resolution #4-49-69 in regard to Petition No. 69-2-6-7, submitted by the City Planning Commission on its own motion, wherein it is proposed to amend Section 18.47 of Ordinance No. 543, as amended, the Zoning Ordinance, to clarify the regulation of the areas and proposed buildings in the Civic Center vicinity, the Council does hereby concur with the recommendation of the City Planning Commission and the said petition No. 69-2-6-7 is hereby approved and granted; provided, however, that the said amendment shall read as follows: Section 18.47. Buildings in Civic Center Vicinity. No building shall be erected in the vicinity of the City's Civic Center unless such building is reviewed L by the City Planning Commission and approved by the Council. The Commission shall recommend approval of such a building only if it determines that its height, setback, landscaping and general architecture is in substantial harmony with the existing property and buildings in the Civic Center. 10898 The area to be considered as within the vicinity of the Civic Center is that area located in Sections 15, 16, 21 and 22, bounded on the north by Roycroft Avenue, on the east by Hubbard Road, on the south by Lyndon Avenue, (excepting therefrom all property in Kimberly Oaks Subdivision and Taylor Gardens Subdivision) on the west by the east property line of the Parkview Memorial Cemetery and that portion of Stamford Road that is north of Five Mile Road and south of Roycroft Avenue. and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES : McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was #1131-69 RESOLVED, that the Council does hereby determine to table action with respect to the proposed Special Assessment District for the installa- tion of sidewalks along both sides of Farmington Road, from Schoolcraft to Five Mile Road, to the first meeting of the Council to be held in March of 1970. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Raymond and McNamara. NAYS: Kleinert and Ventura. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Raymond, it was #1132-69 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 81, for the installation of paving on the north one-half of Lyndon Avenue from Merriman Road easterly to Bredin Court in the N. W. 1/4 of Section 23, City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Ordinance No. 401, as amended, of the City of Livonia, a public hearing thereafter having been held thereon on September 17, 1969 at 7:00 P. M. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 81, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED THAT: 10899 (1) The City Council does hereby determine that the assessments set forth in the assessment schedule which was prepared by the Engineering Division, dated October 10, 1969, and which purports to revise the special assessment roll previously submitted and dated June 18, 1969, so as to set forth the amount of $4,428.71 are fair and equitable and based upon benefits to be derived by construction of improvements in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 81, as revised, is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of six per cent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1969. In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1970 and sub- sequent installments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 3.10 of Ordinance No. 401, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 6.03 and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 6.03. Any property owner assessed may, within sixty (60) days from December 1, 1969 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1970 City tax roll in the manner required by Section 6.05 of Ordinance No. 401, as amended, together with interest upon all unpaid install- ments from sixty (60) days after December 1, 1969, and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid install- ments; provided, however, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (60) day period as pro- vided by Section 6.04, or after the expiration of the sixty (60) day period as provided by Section 6.07 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, (6) The City Council having determined to pay the sum of $20,937.19 as the City's proportion of the cost and expense of this improve- ment within the said district, the sum of $20,937.19 is hereby tie authorized to be expended from the $9,800,000.00 General Obliga- tion Street-Road Bond Issue to cover the City's cost of said project. 10900 By Councilman Raymond, seconded by Councilman Milligan, it was RESOLVED, that the Council does hereby determine to table action with respect to the proposed Special Assessment District for the paving of Lyndon, from Merriman Road to Bredin Court, to the next study session. A roll call vote was taken on the tabling resolution with the following result: AYES : Milligan and Raymond. NAYS : McCann, Nash, Kleinert, Ventura and McNamara. The President declared the tabling resolution denied. A roll call vote was taken on the original resolution with the following result• AYES : McCann, Nash, Kleinert, Ventura, Raymond and McNamara. NAYS: Milligan. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #1133-69 RESOLVED, that having considered a communication from William M. Bedell, Business Administrator, Livonia Public Schools, dated September 12, 1969, and before determining to install sidewalks along Newburgh Road between Five and Seven Mile Roads as well as on the west side of Newburgh Road between Lyndon and Five Mile 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 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 recom- mendation 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. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #1134-69 RESOLVED, that having considered a communication from William M. Bedell, Business Administrator, Livonia Public Schools, dated September 12, 1969, wherein a request is made for the installation of a traffic control signal device to be located on Newburgh Road at Ladywood or in front of Holmes Junior High School, the Council does hereby refer the same to the Traffic Commission for its report and recommendation. 10901 *Councilman Raymond was excused at 9:37 P. M. By Councilman Ventura, seconded by Councilman McCann, it was #1135-69 RESOLVED, that having considered a communication from the City Engineer, dated September 10, 1969, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the proposed new industrial road located west of Stark Road and south of Schoolcraft Road (Autry Avenue), the Council does hereby authorize the Operations Division to do all things necessary to maintain the interim road as already constructed, upon the deposit of a Cash Bond in the amount of $1000.00 by Mr. Thurman W. Autry, such money to be used to defray the cost involved in the Operations Division maintaining the said road; further, to the extent that amounts are deducted from the said $1000.00 cash deposit, Mr. Autry shall be required to deposit an equal amount to reimburse the said deposit so as to maintain the same in a $1000.00 amount; and the Director of Public Works, City Clerk and City Treasurer are hereby author- ized to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Milligan, Kleinert, Ventura, Nash and McNamara. 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, with the exception of Councilman Raymond. By Councilman Ventura, seconded by Councilman McCann, it was #1136-69 RESOLVED, that having considered a communication from the City Engineer, dated September 19, 1969, approved„ by the Director of Public Works and approved for submission by the Mayor, the Council does herein authorize and request the City Clerk to make application to the Detroit Edison Company, on forms provided by such Company, for the installation of street lights of suitable lumen strength to be installed on the south side of Glendale within the City of Livonia's reclamation site in the City of Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. *Councilman Raymond returned at 9:59 P. M. By Councilman Ventura, seconded by Councilman Milligan, it was 10902 #1137-69 RESOLVED, that having considered a communication from Mr. C. R. Charest, Attorney for Occidental Investment Company with respect to the Merriman Park Apartments, and also having considered the oral report of the City Engineer, the Council does hereby authorize the release to the proprietor the Irrevocable Letter of Credit deposited with the City in accordance with Council Resolution #1266-68 adopted on November 13, 1968 in connection with the installation of improvements in said project, further, the improvement bond is to be reduced to $1,000.00 cash, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed in accordance with said resolution, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution; and further, the sidewalk bond shall remain the same and unchanged. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Ventura, Raymond and McNamara. NAYS : McCann and Kleinert. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #1138-69 RESOLVED, that the matter of the paving of the parking lot at the Yankee Discount Store is hereby referred to the next regular meeting of the Council to be held on October 20, 1969. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #1139-69 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 Kleinert, it was #1140-69 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 22, 1969 on all matters required by Section 3.03 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on Wednesday, October 8, 1969 at 7:00 P. M. after due notice as required by Section 3.04 of said ordinance, and after careful considera- tion having been given to all such matters, the Council does hereby, pursuant to Section 3.05 of said ordinance: (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installa- tion of sidewalks on both sides of Five Mile Road from Inkster to Middlebelt in the City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the pro- perty especially benefited in proportion to the benefits derived or to be derived, 10903 (3) approve the plans and specifications for said improvement as set forth in said statement dated July 22, 1969; (4) determine that the estimated cost of such improvement is $32,358.90; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; (6) that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be $00.00 and that the balance of said cost and expense of said improve- ment amounting to $32,358.90 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in five (5) annual installments together with interest thereon in the amount of six per cent (6%) per annum on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: That part of Sections 13 and 24, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as be- ginning at the N. E. 1/4 corner of said Section 24 and pro- ceeding thence S. 0° 19' 30" E. along the E. line of said Section 24, 170 feet; thence S. 89° 49' 00" W. along the centerline and the extension thereof, of a public (now vacated) 20' wide alley, behind lots lthrough 25 of B. E. Taylor's Como Lake Subdivision, as recorded in Liber 60, Page 67 of the Wayne County Records, 658 feet to the centerline of Cavell Avenue; thence S. 0° 19' 30" W. along the centerline of Cavell Avenue, 70 feet; thence S. 89° 49' W. along the South line of parcel 24B1, 167 feet to the east line of parcel 24C, thence S. 0° 24' 15" E. along said east line, 420 feet to the S. E. corner of parcel 24C, thence S. 89° 49' W. along the south line of parcels 24C, 24D, 24E, 495 feet to the S. W. corner of parcel 24E; thence N. 0° 24' 15" W. along the W. line of parcel 24E, 103.20 feet to the S. E. corner of parcel 24R, thence S. 88° 54' 00" W. along the S. line of parcel 24R, and the extension thereof, 228.02 feet to the centerline of Santa Anita Avenue, thence N. 0° 13' 30" W. along said center- line, 290.60 feet, thence due west along the S. line of lots 88 through 92 of Dutch Mill Gardens Sub. as recorded in Liber 68, Page 70 of the Wayne County Records, 511.82' to the S. W. corner of said lot 88, thence N. along the W. line of said lot 88, 80 feet; thence due W. 110 feet to the 10904 centerline of Lyons Ave., thence S. along said centerline 80 feet, thence due W. along the S. line and the extension thereof, of lots 48 through 52 of said Dutch Mill Gardens Sub., 470 feet to the N. and S. 1/4 line of Section 24 (centerline of Harrison Ave. ), thence N. 0° 15' 10" W. along said N. & S. 1/4 line 32.76 feet, thence westerly along the S. line, and the extension thereof, of lots 1 through 18 of Greenmoor Subdivision as recorded in Liber 70, Page 26 of the Wayne County Records, 1,318.34 feet to the centerline of Garden Avenue; thence N. 0° 20' 10" W. along said centerline, 70.21 feet, thence N. 88° 24' W. along the centerline, and the extension thereof, of a public 20' wide alley behind lots 53 through 64, 123 through 135, 194 through 204 and 263 through 275 of Five Elm Park Subdivision, as recorded in Liber 55, Page 64 of the Wayne County Records, 1,320.8 feet to the W. line of Section 24, thence N. 0° 57' E. along said W. line, 170 feet to the N. W. corner of Section 24; thence N. 2° 06' E. along the W. line of Section 13, 170 feet, thence S. 88° 24' E. along the centerline, and the extension thereof, of a public 20' wide alley behind lots 1 through 12 of Elmdale Sub- division, as recorded in Liber 64, Page 68 of the Wayne County Records, 332.60 feet to the E. line of said sub- division; ub-division; thence N. 2° 06' E. along said E. line, and the extension thereof, 485.30 feet to the N. W. corner of parcel 13G3b6 --K2b; thence along the N. line of said parcel N. 89° 42' 43" E. 981.22 feet and S. 89° 03' 07" E. 299.72 feet to the N. E. corner of said parcel; thence S. 88° 57' E. 697.46 feet to the N. E. corner of parcel 13K5, 6, thence S. 0° 12' 30" E. along the E. line of said parcel, 400 feet to the N. W. corner of parcel 13K7a, 8a1, thence S. 88° 57' E. along the N. line of said parcel and the extension thereof, 330.07 feet to the N. and S. 1/4 line of Section 13, thence S. 0° 12' 30" E. along said 1/4 line, 11.69 feet, thence N. 89° 49' E. 235 feet to the N. E. corner of parcel 13M8d; thence N. 0° 12' 30" W. along the W. line of parcel 13M7, 79 feet to the N.W. corner of said parcel; thence N. 89° 49' E. along the N. line, and the extension thereof, of parcels 13M7, 6, 5, and 4, 430 feet to the centerline of Oak Drive; thence S. 0° 12' 30" E. along said centerline, 100 feet, thence N. 89° 49' E. along the N. line of parcels 13M3c, 13M3a and the extension thereof, 129.16 feet to the N. E. corner of parcel 13M3a, thence N. 0° 04' W. along the W. line of parcel 13M2, 100 feet to the N. W. corner of said parcel; thence N. 89° 49' E. along the N. line of parcels 13M2 and 13M1, and lots 1 through 8 of Strathcona Gardens, as recorded in Liber 69, Page 31 of the Wayne County Records, 696.70 feet to the N. E. corner of lot 1 of said subdivision, thence S. 0° 04' E. along the E. line of said lot 1, 97 feet to the N. W. corner of lot 35b, Strathcona Gardens; thence along the N. line and extension thereof, of lots 35b, 36b, and 37b, Strathcona Gardens, 177.10 feet to the centerline of Foch Avenue, thence N. 0° 04' W. along said centerline, 10905 10 feet, thence N. 89° 49' E. along the N. line of lot 38a, bl of said Strathcona Gardens, parcel 13P2a, bl and lot 39a, bl of said Strathcona Gardens, 177.10 feet to the N. E. corner of said lot 39a, bl, thence N. 0° 04' W. along the W. line of parcel 13Q1, 357.50 feet to the N. W. corner of said parcel 13Q1; thence N. 89° 49' E. along the N. line of said parcel 13Q1, 142.50 feet to the N. E. corner of said parcel 13Q1; thence S. 0° 04' E. along the E. line of said parcel 13Q1, 255.50 feet to the S. W. corner of parcel 13R8al, bl; thence N. 89° 57' E. along the S. line of said parcel, 60 feet to the N. W. corner of parcel 13R2b, 3ala; thence due south along the W. line of parcels 13R2b,3ala & 13R2a2, 3a1b2, 100 feet to the N. W. corner of Parcel 13R2a1, 3alb1; thence N. 89° 57' E. along the N. line and the extension thereof, of said parcel, 155 feet to the centerline of Green Lane; thence due N. along said centerline, 30 feet; thence due E. along the N. line of parcels 13R3bla and 13R3c1, and the extension thereof, 127 feet to the N. E. corner of Parcel 13R3c1; thence due N. along the W. line of parcel 13R4, 70 feet to the N. W. corner of said parcel; thence due E. along the N. line of parcels 13R4 and 13R5, 120 feet, to the N. E. corner of parcel 13R5; thence due S. along the E. line of said parcel, 140 feet to the N. W. corner of parcel 13R6a, 7a1a; thence N. 89° 48' 45" E. along the N. line, and the extension thereof, of said parcel, 187 feet to the E. line of Section 13, thence S. 0° 04' E. along said E. line, 182 feet to the S. E. corner of Section 13, this being the point of beginning. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the pro- visions of Section 3.07 of Ordinance No. 401, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 3.08 of the said ordinance. A roll call vote was taken on the foregoing resolution with the following result• AYES : McCann, Nash, Milligan, Kleinert, Raymond and McNamara. NAYS: Ventura. The President declared the resolution adopted. 10906 it was Ventura, seconded by Councilman Nash, and unanimously adopted, #1141-69 RESOLVED, that having considered the report and recommendation dated July 17, 1969 from the City Planning Commission which sets forth its resolution #6-88-69 in regard to Petition 69-5-6-10 submitted by the City Planning Commission on its own motion to determine whether to amend Ordinance #543 (the City of Livonia Zoning Ordinance), as amended, Section 8.02, for the purpose of expanding the number of uses permitted in R-7 Districts; and the Council having conducted a public hearing with regard to this matter on October 8, 1969 pursuant to resolution #955-69, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 69-5-6-10 is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. By Councilman Kleinert, seconded by Councilman McCann, and unanimously adopted, it was #1142-69 RESOLVED, that having considered the report and recommendation dated July 17, 1969 from the City Planning Commission, which sets forth its resolution #6-89-69 in regard to Petition 69-5-6-11 submitted by the City Planning Commission on its own motion to determine whether to amend Section 27.04 of Ordinance No. 543 (the City of Livonia Zoning Ordinance), as amended, for the purpose of expanding the number of uses permitted in an R-8 District, and the Council having conducted a public hearing with regard to this matter on October 8, 1969 pursuant to resolution #955-69, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 69-5-6-11 is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. By Councilman McCann, seconded by Councilman Nash, and unanimously adopted, it was #1143-69 RESOLVED, that having considered the report and recommendation dated July 17, 1969 from the City Planning Commission which sets forth its resolution #6-90-69 in regard to Petition 69-5-6-8, submitted by the City Planning Commission on its own motion, wherein it is proposed to amend Article XVIII by adding Section 18.55 thereto, of Ordinance No. 543, as amended, the Zoning Ordinance, requiring submission of site plans for approval by the City Planning Commission of developments in the vicinity of the Livonia Mall Shopping Center, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition 69-5-6-8 is hereby approved and granted; provided, however, that the said amendment shall read as follows : Section 18.55. Control of Development in the Vicinity of Livonia Mall. No building or use shall be permitted in the vicinity of the Livonia Mall Shopping Center unless the use and a site plan is reviewed by the City Planning Commission and approved by the 10907 Council. The Commission shall recommend approval of the site plan and use only if it determines it is compatible to the area and the height, setback, landscaping and general architecture is substantially in harmony with existing property and buildings of the area. The area to be considered within the vicinity of the Livonia Mall Shopping Center is the area located in the Southwest 1/4 of Section 1, the Northwest 1/4 of Section 12, the Northeast 1/4 of Section 11, and the Southeast 1/4 of Section 2, (excepting therefrom all property located in Single Family Residential Zoning Districts). and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. By Councilman McCann, seconded by Councilman Nash, and unanimously adopted, it was #1144-69 RESOLVED, that having considered the report and recommendation dated July 17, 1969 from the City Planning Commission which sets forth its resolution #6-91-69 in regard to Petition 69-5-6-9 submitted by the City Planning Commission on its own motion, wherein it is proposed to amend Article XVIII by adding Section 18.56 thereto, of Ordinance No. 543, as amended, the Zoning Ordinance, requiring submission of site plans for approval by the City Planning Commission of developments in the vicinity of the Wonderland Shopping Center, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition 69-5-6-9 is hereby approved and granted, provided, however, that the said amendment shall read as follows . Section 18.56. Control of Development in the Vicinity of Wonder- land Shopping Center. No building or use shall be permitted in the vicinity of the Wonderland Shopping Center unless the use and a site plan is reviewed by the City Planning Commission and approved by the Council. The Commission shall recommend approval of the site plan and use only if it determines it is compatible to the area and the height, setback, landscaping and general architecture is substantially in harmony with existing property and buildings of the area. The area to be considered within the vicinity of the Wonderland Shopping Center is the area located in the Southwest 1/4 of Section 25, the Northwest 1/4 of Section 36, the Northeast 1/4 of Section 35, and the Southeast 1/4 of Section 26, (excepting therefrom all property located in Single Family Residential Zoning Districts and Industrial Zoning Districts). and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. By Councilman Nash, seconded by Councilman Milligan, it was #1145-69 RESOLVED, that having considered the report and recommendation dated August 7, 1969 from the City Planning Commission which sets forth its resolution #7-102-69 in regard to Petition 69-6-6-14 submitted by the 10908 { City Planning Commission on its own motion, to determine whether to amend Section 11.03 Waiver Uses (C-2 Districts) Restaurants, of Ordinance #543 (the City of Livonia Zoning Ordinance), as amended, to establish specific regulations for controlling the development of carry-out restaurants, the Council does hereby refer this matter back to the City Planning Commission for further clarification and a report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES : McCann, Nash, Milligan, Ventura and Raymond. NAYS : Kleinert and McNamara. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Ventura, it was RESOLVED, that having considered the report and recommendation dated August 7, 1969 from the City Planning Commission, which sets forth its resolution #7-103-69 in regard to Petition 69-6-6-15 submitted by the City Planning Commission on its own motion to determine whether to amend Ordinance 543, (the City of Livonia Zoning Ordinance), as amended, Section 11.02 Permitted Uses (C-2 Districts) to remove Waiver Uses in C-1 Districts from Permitted Uses in C-2 Districts; and the Council having conducted a public hearing with regard to this matter on October 8, 1969 pursuant to resolution #955-69, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 69-6-6-15 is hereby denied for the reason that the petition as stated places undue restrictions on potential C-1 uses that could well be more acceptable than presently permitted C-2 uses. By Councilman McCann, seconded by Councilman Milligan, and unanimously adopted, it was #1146-69 RESOLVED, that having considered the report and recommendation dated August 7, 1969 from the City Planning Commission, which sets forth its resolution #7-103-69 in regard to Petition 69-6-6-15 submitted by the City Planning Commission on its own motion to determine whether to amend Ordinance 543, (the City of Livonia Zoning Ordinance), as amended, Section 11.02 Permitted Uses (C-2 Districts) to remove Waiver Uses in C-1 Districts from Permitted Uses in C-2 Districts, and the Council having conducted a public hearing with regard to this matter on October 8, 1969 pursuant to resolution #955-69, the Council does hereby determine to table this matter to the next study session to be held October 20, 1969. By Councilman McCann, seconded by Councilman Ventura, and unanimously L adopted, it was #1147-69 RESOLVED, that having considered the report and recommendation dated August 7, 1969 from the City Planning Commission which sets forth its resolution #7-104-69 in regard to Petition 69-6-6-16 submitted by the City Planning Commission on its own motion, to determine whether to amend 10909 Section 18.29 Yards; Use, of Ordinance #543 (the City of Livonia Zoning Ordinance) as amended, to clarify what can and cannot be located in front yards of residentially zoned property, and to prohibit outside storage of materials in any portion of the front yard and the first 25 feet of the side yard from the front of the building in any industrially zoned district, the Council does hereby refer this matter back to the City Planning Com- mission for further clarification and a report and recommendation. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #1148-69 RESOLVED, that having considered the report and recommendation dated August 7, 1969 from the City Planning Commission which sets forth its resolution #7-105-69 in regard to Petition 69-6-6-17 submitted by the City Planning Commission on its own motion, to determine whether to delete Section 18.49 Fences, of Ordinance #543 (the City of Livonia Zoning Ordinance), as amended, the Council does hereby refer this matter back to the City Planning Commission for further clarification and a report and recommendation. *Councilman Nash was excused at 10:50 P. M. for the balance of the meeting. By Councilman Ventura, seconded by Councilman Milligan, it was #1149-69 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated September 25, 1969, with respect to a request from Joseph B. Sparma for a new full year Class "C" license to be located at 27437 W. Six Mile Road, Livonia, Michigan, and referred to the Committee of the Whole in council resolution #1101-69, the Council does hereby refer this matter to the next study session to be held on October 20, 1969. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Milligan, Ventura, Raymond and McNamara. NAYS: Kleinert. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Milligan, and unanimously adopted, this 664th regular meeting of the Council of the City of Livonia was duly adjourned at 10:55 P. M. , October 13, 1969. :4010,0 ADDISON W. BAC0 erk.