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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-10-20 10911 L MINUTES OF THE SIX HUNDRED SIXTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 20, 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 8:20 P. M. Councilman Nash 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. Keinert. Absent--None. Elected and appointed officials present: Virginia G. Handzlik, Deputy City clerk; Harry C. Tatigian, City Attorney; Robert A. Shaw, Director of Public Works; William J. Strasser, City Engineer; Donald Nicholson, Director of Public Safety; Jc'in T. Dufour, Superintendent of Parks and Recreation; Dan Andrew, Industrial Coordinator; Carl Demek, Superintendent of Operations Division; Don Hull, City Plan- ner, James Miller, Personnel Director; Victor C. Phillips, Budget Director; Thomas Griffiths, Jr., Chief Accountant; Raymond Danaher, Budget Analyst; Marcus Bass, Assistant Deputy Director, Civil Defense; and Robert Colomina of the Planning Commis- sion. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #1151-69 RESOLVED, that the minutes of the 664th regular meeting of the Council of the City of Livonia, held October 13, 1969, and the minutes of the 124th special meeting of the Council of the City of Livonia, held October 15, 1969, are hereby approved. The President of the Council declared that the veto message dated October 20, 1969, from the Mayor of Council Resolution No. 1116-69, adopted on October 13, 1969, with respect to entering into a formal agreement with Haskins & Sells, Certified Public Accountants, to perform the annual audits of the City, would be placed on the October 27, 1969, regular agenda of the Council for action. 10912 By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that with respect to Council Resolution #1116-69 wherein it is provided that the City Clerk execute for the City of Livonia an agreement with Haskins & Sells, Detroit, Michigan, Certified Public Accountants, the Council authorizes the Mayor to also sign the said agreement. By Councilman Nash, seconded by Councilman Milligan, it was #1152-69 RESOLVED, that the matter relative to authorizing the Mayor, in addition to the City Clerk, to sign the agreement with Haskins & Sells, Detroit, Michigan, Certified Public Accountants, (CR-1116-69), is hereby tabled to the next regular meeting of the Council to be held October 27, 1969. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, McCann and McNamara. NAYS: Ventura and Raymond. The President declared the resolution adopted. The President of the Council declared that the veto message dated October 20, 1969 from the Mayor, of Council Resolution #1129-69, adopted on October 13, 1969 with respect to Petition No. 69-4-1-12, which would change the zoning of a parcel of land in Section 11, from PS to C-2, would be placed on the October 27, 1969 regular agenda of the Council for action. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #1153-69 BE IT RESOLVED, that the Council of the City of Livonia does hereby request the Attorney General of the State of Michigan, Frank J. Kelley, to investigate the implications and allegations made by the Mayor of the City of Livonia in his veto messages, dated October 20, 1969, of Council Resolutions #1116-69 and #1129-69 which were adopted on October 13, 1969, and copies of which are attached hereto, and any or all other matters that the Attorney General may feel the need to investigate relative to the conduct of City business. The President of the Council acknowledged receipt of a veto from the Mayor, d:+ed October 20, 1969, of Council Resolution #1137-69 adopted on October 13, 1969, w' th respect to a bond reduction for the Merriman Park Apartments. 10913 By Councilman Raymond, seconded by Councilman Milligan, it was #1154-69 RESOLVED that, having considered the veto by the Mayor, dated October 20, 1969 of resolution #1137-69 adopted by the Council on October 13, 1969, the Council does hereby readopt said resolution #1137-69 the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result : AYES : Nash, Milligan, Ventura, Raymond and McNamara. NAYS : McCann. The President declared the resolution adopted, and the Mayor's veto overruled. The communication from the City Clerk, dated October 17, 1969, transmitting the General Fund Financial Statement for the Period ending September 30, 1969, was received and filed for the information of the Council. The communication from the City Clerk, dated October 17, 1969, with respect to a communication from the Board of County Road Commissioners wherein they advise the City that requests made by the Council in Resolutions Nos. 877-69, 883-69 and 1002-69 for the construction of certain sanitary sewers were grantedlwas filed for the information of the Council. The communication from the City Clerk, dated October 16, 1969, transmitting the information that Sentry Insurance Company agrees to grant extension of the cancellation of the City's Workmans Compensation Contract from November 1, 1969 to December 1, 1969, was received and filed for the information of the Council. The communication from the Budget Director, dated October 16, 1969, informing the Council that a 30 day binderhasbeen issued by Hayes and Stoudt, Inc. , for building and contents insurance, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #1155-69 RESOLVED, the Council does hereby request that the City Planning Commission submit its annual Capital Improvement Program in accordance with the provisions set forth in Section 9 of Act 285 of 1931 as amended (MSA Section 5.2999) at the same time that the Mayor has submitted his 10914 proposed City Budget to the City Council so that the Council may in its deliberations give due consideration to both the Capital Improvement Program as well as the City Budget. *Councilman Kleinert arrived at 9:08 P. M. By Councilman Raymond, seconded by Councilman McCann, it was #1156-69 RESOLVED, that having considered a communication from the City Engineer dated October 3, 1969, approved by the Director of Public Works and approved for submission by the Mayor, with respect to certain damage caused previously to a number of trees located at the southeast corner of Seven Mile Road and Newburgh Road, the Council does hereby authorize the payment of $1200.00 from the Water & Sewer fund as full and complete payment and satisfaction of all claims held in this regard by the owner of the subject property; further, the Council does hereby request that the Department of Law prepare an appropriate release to be executed by the said property owner; 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: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. The communication from the Department of Law, dated October 6, 1969, (Opinion No. 69-5), relative to the initiation of Zoning Ordinance amendments, was received and filed for the information of the Council. By Councilman Kleinert, seconded by Councilman McCann, it was #1157-69 RESOLVED, that having considered a letter from the City Engineer, dated October 10, 1969, approved by the Director of Public Works and approved for submission by the Mayor, as well as a letter from John E. Hiltz & Associates, Inc. dated October 1, 1969, with respect to the Newburgh Road Paving Program, the Council does hereby determine to grant an additional extent of time of the completion date, extending the same to December 1, 1969 with respect to the following: CONTRACT I - SCHOOLCRAFT-SIX MILE ROAD Contractor- Tony Angelo Cement Construction Company. CONTRACT II - PLYMOUTH ROAD-SCHOOLCRAFT ROAD Contractor. Macomb Concrete Corp. CONTRACT III - SIX MILE ROAD-EIGHT MILE ROAD Contractor: Oak Construction Co. 10915 L A roll call vote was taken on the foregoing resolution with the following result. AYES : Nash, Milligan, Kleinert, Raymond, McCann and McNamara. NAYS : Ventura. The President declared the resolution adopted. The communication from the Officers of Madison Civic Association, dated October 6, 1969, transmitting their roster of officers for this year, was received and filed for the information of the Council. The communication dated September 30, 1969 from C. R. Charest, attorney, representing the Livonia Fire Fighters Association, with respect to commencing negotiations for the same, was received and filed for the information of the Council. The communication dated September 30, 1969 from C. R. Charest, attorney, representing the Livonia Police Lieutenants and Sergeants Association, with respect to commencing negotiations for the same, was received and filed for the information Lof the Council. By Councilman Ventura, seconded by Councilman McCann, it was #1158-69 RESOLVED, that having considered a report and recommendation dated. October 10, 1969 from the City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of Idyl Hills Estates Subdivision No. 1 of the Cash Bond in the amount of $4,000.00 deposited with the City in accordance with Council Resolution #320-62, adopted on April 23, 1962 as thereafter subsequently amended including the action taken on September 29, 1965 in Council Resolution #924-65 which previously reduced such financial assurances to $4,000.00, to guarantee the satisfac- tory installation of improvements in Idyl Hills Estates Subdivision No. 1, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia, 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: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was 10916 #1159-69 RESOLVED, that having considered a report and recommendation dated October 10, 1969 from the City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of Country Homes Estates Subdivision of the bond in the amount of $6500.00 (of which $2500.00 is in cash) deposited with the City in accordance with Council Resolution #696-59, adopted on November 9, 1959, as thereafter subsequently amended including the action taken on September 30, 1964 in Council Resolution #808-64 which previously reduced such financial assurances to $6500.00 to guarantee the satisfactory installation of improvements in Country Homes Estates Subdivision, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia; 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, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #1160-69 RESOLVED, that having considered the report and recommendation dated October 10, 1969 from the City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of Kingsbury Heights Subdivision No. 3, located in the Northwest 1/4 of Section 17, City of Livonia, Michigan, of the following bonds. 1. The Cash Bond in the amount of $1,000.00 deposited with the City in accordance with Council Resolution #1298-67 adopted on December 18, 1967 to insure general cleanup in Kingsbury Heights Sub. No. 3; and 2. The Sidewalk Cash Bond in the amount of $1,000.00 deposited with the City in accordance with Council Resolution #662-66 adopted on July 11, 1966 as thereafter subsequently amended including the action taken on July 24, 1968 in Council Resolution #798-68 which previously reduced such financial assurances to $1,000.00 to cover cleanup and miscellaneous adjust- ments in Kingsbury Heights Subdivision No. 3, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia; 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. 10917 LA roll call vote was taken on the foregoing resolution with the following result. AYES : Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS : None. By Councilman Nash, seconded by Councilman Kleinert, it was #1161-69 RESOLVED, that having considered the report and recommendation dated October 1, 1969 from the City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of Meri-Lynn Farms Subdivision No.. 9 of the bond in the amount of $5,000.00 (of which $500.00 is in cash) deposited with the City in accordance with Council Resolution #719-59 adopted on November 9, 1959, to guarantee the satisfactory installation of improvements in Meri-Lynn Farms Subdivision No. 9, located in the Southeast 1/4 of Section 22, City of Livonia, Michigan, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia; 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, Ventura, Raymond, McCann and McNamara. L NAYS : None. By Councilman Kleinert, seconded by Councilman Raymond, and unanimously adopted, it was #1162-69 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 1969, which transmits its resolution #9-131-69 with regard to Petition No. 69-6-3-6 submitted by Lionel E. and Leonella E. LeMay requesting to vacate a portion of Parkdale Avenue located south of Plymouth Road west of Raleigh Avenue in the Northwest 1/4 of Section 32, City of Livonia, Michigan, the Council does hereby concur in the recommendation of the City Planning Commission and the said Petition No. 69-6-3-6 is hereby denied for the reasons which are the same as those set forth in the aforesaid action of the City Planning Commission. By Councilman Kleinert, seconded by Councilman Raymond, and unanimously adopted, it was #1163-69 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 1969, which transmits its resolution L #9-132-69 with respect to Petition No. 69-6-3-5 submitted by Julian A. Arden requesting to vacate portions of South Drive 10918 located on South Drive between Alois Avenue and Jarvis Avenue in the Southeast 1/4 of Section 30, City of Livonia, Michigan, the Council does hereby concur in the recommendation of the City Planning Commission and the said Petition No. 69-6-3-5 is hereby denied for the reasons which are the same as those set forth in the aforesaid action of the City Planning Commission. Councilman Nash gave first reading to the following Ordinance- AN ORDINANCE AMENDING PARAGRPAH (k) OF SECTION 9-116 OF CHAPTER I OF TITLE 9 (KNOWN AND CITED AS THE "PLAT ORDINANCE") OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura introduced the following Ordinance . AN ORDINANCE AMENDING SECTION 2-721 OF CHAPTER 7 (RETIREMENT PLAN) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Milligan, it was #1164-69 RESOLVED, that having considered a communication dated October 10, 1969 from the Department of Law, transmitting for Council acceptance a Quit Claim Deed dated September 19, 1969 executed by Gordon G. Wright, Trust Officer for Manufacturers National Bank of Detroit as Trustee for Jean Boyd Hill Trust U/A with Jean Boyd Hill conveying a portion of Parcel 06A1 for the Newburgh Road right-of-way, said portion of property being more particularly described as: The East 60 feet of the N. E. 1/4 of Section 6, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, except the west 807 feet thereof; also except the north 60 feet thereof. 10919 the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid instrument, and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, further, the City Assessor is hereby request- ed to do all things necessary to have the subject property removed from the tax rolls as being city-owned and exempt. A roll call vote was taken on the foregoing resolution with the following result . AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was #1165-69 RESOLVED, that having considered a communication dated September 30, 1969 from the Department of Law, transmitting for Council acceptance a Warranty Deed dated September 24, 1969 executed by Seymour B. Goldman, Individually and as Attorney-in-Fact and David I. Berris, Individually and as Attorney-in-Fact for Martha Goldman, wife of Seymour B. Goldman; Mae D. Berris, wife of David I. Berris; Morris H. Berris, and Rae W. Berris, his wife; Monte Weston and Eleanor Weston, his wife, Harry Dubrow and Edith Dubrow, his wife; Kaye J. Rashti and Reba Rashti, his wife; Norman Davidson and Clara Davidson, his wife; Henry R. Carlebach and Gertrude Carlebach, his wife, Hiem Jacob and Beatrice Jacob, his wife, conveying a portion of Parcel 0B2b, for a future park site, said portion of property being more particularly described as : That part of Section 8, T. 1 S., R. 9 E. , described as the South ]122 feet of the West 1/2 of the West 1/2 of the East 1/2 of the N. E. 1/4 of Section 8, except the north 658 feet of the East 140 feet thereof. the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid instrument, and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; further, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city-owned and exempt. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS : None. By Councilman Ventura, seconded by Councilman Milligan, it was #1166-69 RESOLVED, that having considered a communication dated Sept. 30, 1969 from the Department of Law, transmitting for Council acceptance a Warranty Deed dated September 15, 1969 executed by Howard G. Allwardt, As Trustee, Morris H. Armbruster, As Trustee, and Leroy Laeder, As Trustee conveying a portion of Parcel 14U1a, Yl, for a future park site, said portion of property being more particularly described as : 10920 That part of the Southeast 1/4 of Section 14, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as : The North 1301.07 feet of the East 15 acres of the West 1/2 of the Southeast 1/4 of Section 14, except the North 43 feet thereof. Taxation Parcel 14U1a, Y1, Park Site "0-67" the Council does hereby determine for and in behalf of the City of Livonia to accept the Warranty Deed, and the City Clerk is hereby requested to have the same recorded as well as Authorization of Sale and Conveyance of Property and Certification of Change of Name in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; further, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city-owned and exempt. A roll call vote was taken on the foregoing resolution with the following result. AYES : Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS : None. By Councilman Ventura, seconded by Councilman Milligan, it was #1167-69 RESOLVED, that having considered a communication dated Oct. 8, 1969 from the Department of Law transmitting for Council acceptance certain documents which documents are more particularly described as: 1. Quit Claim Deed dated February 11, 1969, executed by Practical Home Builders, Inc. by its president Samuel Hechtman and vice president Mitchael Bloom, conveying: The west 30 feet of the north 50.0 feet of the south 1035.0 feet of the west 167.50 feet of the east 467.0 feet of the W 1/2 of the S. E. 1/4 of Section 36, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 361113) (Floral Ave. right-of-way) 2. Quit Claim Deed dated April 1, 1969 executed by Charles Lute, a single man, conveying. That part of the S.W. 1/4 of Section 5, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at the West 1/4 of corner, thence S. 83° 41' 26" E. 511.46 feet thence S. 0° 15' 03" W, 43.00 feet, thence North 89° 41' 26" West 511.27 feet, thence N. along the centerline of Newburgh Road 43.04 feet to point of beginning. (Bureau of Taxation Parcel 05Clb2bl) (Pembroke Avenue right-of-way) 3. Grant of Easement dated August 12, 1969 executed by Nat Korash and Betty Jane Korash, his wife, and Jerome L. Schostak and Arlene F. Schostak, his wife, 10921 conveying: That part of the S. E. 1/4 of Section 4, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as • Beginning at a point on the W. line of Farmington Road (120.00' wide), distant S. 89° 57' 10" W., 60.00' and N.0° 00' 50" W, 1,801.95' from the S.E. corner of said Section 4, thence S. 89° 48' 30" w., 350.00' , thence N. 36° 11' 30" W. , 338.81' , thence N. 0° 00' 50" W, 565.89' ; thence N.89°48' 30" E., 60.00' ; thence S. 16° 20' 40" E., 675.74' , thence N. 89° 59' 10" E. 300.00' to a point on the W. line of said Farmington Road, thence along said line S. 0° 00' 50" E., 190.00' to the point of beginning, containing 4.08 acres more or less. (flood plain and public utility purposes) 4. Grant of Easement dated August 12, 1969 executed by Nat Korash and Betty Jane Korash, his wife, and Jerome L. Schostak and Arlene F. Schostak, his wife, conveying• That part of the S. E. 1/4 of Section 4, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as : Beginning at a point on the W. line of Farmington Road (120.00' wide), distant S. 89° 57' 10" w. 60.00' and N. 0° 00' 50" W. , 1,991.95' from the S. E. corner of said Section 4; thence S. 89° 59' 10" W, 300.00' , thence N. 16° 20' 40" W., 675.74' , thence N. 89° 48' 30" E. , 120.00' , thence S. 16° 20' 40" E., 551.14' , thence N. 89° 59' 10" E. , 215.04' ; thence S. 0° 00' 50" E., 120.00' to the point of beginning, containing 2.41 acres more or less. (flood plain and public utility purposes) 5. Grant of Easement dated August 22, 1969, executed by Allen Williams and Pearl Williams, his wife, conveying the east 15 feet of the following described parcel. The N. 1/2 of the N. 1/2 of the N. W. 1/4 of the S. W. 1/4 of Section 10, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, except the east 945.70 ft. thereof; also except the south 174 feet thereof, also except the W. 60 ft. thereof; also except the N. 43 ft. of the E. 40 ft. of the W. 100 ft. thereof. (Bureau of Taxation Parcel lODDlala)(installation of sanitary sewer) 6. Grant of Easement dated October 3, 1969 executed by Roger Ajiuni and Rosette Ajluni, his wife, conveying the east 15 feet of the following described parcel: The south 174 feet of the N. 1/2 of the N. 1/2 of the N. W. 1/4 of the S. W. 1/4 of Section 10, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the east 945.70 ft. thereof; also except the west 60 ft. thereof. (Bureau of Taxation Parcel No. 10DD1b1) (installation of sanitary sewer) 7. Quit Claim Deed dated January 27, 1969 executed by Frank J. Volk and Viola Volk, his wife, conveying• 10922 That part of the N. E. 1/4 of Section 7 described as beginning at a point on the E. & W. 1/4 line of Section 7, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, distant N. 89° 53' 30" E, 733 feet from the center 1/4 corner of said Section 7, thence N. 0° 03' 00" E, 400 feet; thence along an arc of a curve concave to the S.W. with a radius of 60 feet and central angle of 41°24' 34", 43.36 feet; thence along an arc of a curve concave to the S. with a radius of 60 feet and central angle of 262° 49' 08", 275.22 feet; thence along an arc of a curve concave to the S.E. with a radius of 60 feet and central angle of 41° 24' 34", 43.36 feet; thence S. 0° 03' 00" W, 400 feet, thence S. 89°53' 30" U, 60 feet to the point of beginning. "internal street which shall be known as University Park Drive" (University Park Apts. development) the Council does hereby determine for and on behalf of the City of Livonia to accept the aforesaid instruments and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full per- formance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #1168-69 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act, (M.S.A. Section 5.2934), as well as Article XXIII of Ordinance 543, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Wednesday, November 26, 1969 at 7:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items : 1. Petition No. 69-8-1-24 submitted by Aram and Catherine Kevorkian for a change of zoning on property located on the north side of Schoolcraft east of Fairway Avenue in the Southeast 1/4 of Section 20, from RUF to R-2, the City Planning Commission having in its resolution #9-128-69 recommended to the City Council that Petition No.69-8-1-24 be approved, 2. Petition No. 69-8-1-25 submitted by William N. Ponder, attorney, in behalf of Bob Evans Farms, Inc. , for a change of zoning on property located on the southwest corner of Plymouth Road and Laurel in the Northwest 1/4 of Section 33, from C-1 to C-2, the City Planning Commission in its resolution #9-129-69 having recommended to the City Council that Petition No. 69-8-1-25 be denied; 10923 3. Petition No. 69-8-1-26 submitted by William N. Ponder, attorney, in behalf of Best Block Company, for a change of zoning on property located south of Five Mile Road east of Bainbridge Avenue in the Northwest 1/4 of Section 23, from RUF to M-1, the City Planning Commission in its resolution #9-130-69 having recommended to the City Council that Petition No. 69-8-1-26 be denied; and 4. Petition No. 69-2-6-2 submitted by the City Planning Commission on its own motion to determine whether or not to amend Ordinance No. 543, as amended, the City of Livonia Zoning Ordinance, by adding Article XXX entitled Site Plan Review and Approval, the City Planning Commission in its resolution #9-134-69 having recommended to the City Council that Petition No. 69-2-6-2 be approved, further, that the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing cause to have a statement, indicating the nature of the proposed amendment to the Zoning Ordinance and location of the proposed changes of zoning, as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia, as well as to not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and the City Clerk is requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that having considered the report and recommendation dated May 29, 1969 from the City Planning Commission which sets forth its resolution #5-62-69 in regard to Petition No. 69-3-1-7 submitted by David Perry, attorney, for Elias Brothers Restaurant, Inc. , for a change of zoning on property located on the southeast corner of Vassar and Middlebelt Road in the Southwest 1/4 of Section 1, from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on July 16, 1969, pursuant to resolution #667-69, the Council does hereby table this matter to the next regular meeting of the Council to be held October 27, 1969. A roll call vote was taken on the foregoing resolution with the following result' AYES: Milligan and Ventura. NAYS: Nash, Kleinert, Raymond, McCann and McNamara. The President declared the tabling resolution denied. By Councilman Kleinert, seconded by Councilman Raymond, it was 10924 #1169-69 RESOLVED, that having considered the report and recommendation dated May 29, 1969 from the City Planning Commission which sets forth its resolution #5-62-69 in regard to Petition No. 69-3-1-7 submitted by David Perry, attorney, for Elias Brothers Restaurant, Inc. , for a change of zoning on property located on the southeast corner of Vassar and Middlebelt Road in the Southwest 1/4 of Section 1, from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on July 16, 1969 pursuant to resolution #667-69, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 69-3-1-7 is hereby denied for the reasons similar to those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Raymond, McCann and. McNamara. NAYS: Ventura. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Kleinert, it was #1170-69 RESOLVED, that having considered the report and recommendation dated July 17, 1969 from the City Planning Commission which sets forth its resolution #6-94-69 in regard to Petition No. 69-3-1-9, submitted by the Emerson Building Company for a change of zoning on property located on the west side of Alexander between Sunnydale and Broadmoor in the Southwest 1/4 of Section 13, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on October 8, 1969 pursuant to council resolution #955-69, the Council does hereby concur with the recommendation of the City Planning Commission and the said. Petition No. 69-3-1-9 is hereby denied for the reasons set forth in the action taken by the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was #1171-69 RESOLVED, that the Council does hereby determine to allow the Taubman Co. , Inc., 26250 Northwestern Highway, Southfield, Michigan 48075, to construct the parking lot for the Yankee Discount Store, to be located at Grand River and Eight Mile Road, provided that the Taubman Co. , Inc. shall post a bond in such an amount as determined by the Engineering Division so that the provisions of council resolution #137-68 are strictly adhered to; provided, further, that this action is made subject to and conditioned upon the Taubman Co. , Inc., furnishing to the City necessary easements to effectuate the drainage necessary with respect to this matter. By Councilman McCann, seconded by Councilman Milligan, it was 10925 RESOLVED, that the matter of the paving of the parking lot at the Yankee Discount Store is hereby tabled to the next regular meeting of the Council to be held on October 27, 1969. A roll call vote was taken on the tabling resolution with the following result: AYES: Milligan, McCann and McNamara. NAYS : Nash, Kleinert, Ventura and Raymond. The President declared the tabling resolution denied. A roll call vote was taken on the original resolution with the following result: AYES: Nash, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: Milligan. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Nash, it was #1172-69 RESOLVED, that having considered a communication dated October 3, 1969 from the Director of Civil Defense, approved for submission by the Mayor and the Budget Director, requesting authorization to expend the sum of $800.00 from the Civil Defense Capital Outlay Account #166-70 to purchase communication equipment, as outlined in the aforesaid letter, the Council does hereby approve and authorize the expenditure of the sum of $800.00 from Civil Defense Capital Outlay Account #166-70 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. The following resolution was unanimously introduced, supported and adopted: #1173-69 RESOLVED, that having considered a communication dated September 26, 1969 from the Coventry Gardens Improvement Association, by its president John M. Kennedy, the Council does hereby grant permission to the said Improvement Association to barricade Rayburn Road where the same adjoins Shoreham Park by placing traffic barriers at the intersection of Rayburn and Stamford, Edington, Myrna and Surrey Roads, on Friday, October 31, 1969, between the hours of 7.00 P. M. and 10:30 P. M. for the purpose of conducting a Halloween Bonfire and neighborhood gathering at the said park, further, the Council does hereby authorize the Department of Public Works to deliver and pick up such traffic barriers as may be required for this event, and further, the action taken herein is made sub- ject to the approval of the Director of Public Safety. 10926 L By Councilman Milligan, seconded by Councilman Kleinert, it was #1174-69 RESOLVED, that having considered the report and recommendation of the Director of Public Safety, dated October 6, 1969, approved by the Mayor and the Budget Director, the Council does hereby accept the bid of Bill Brown Inc. , 32222 Plymouth Road, Livonia, Michigan, for supplying the City with one (1) Station Wagon for the Weights and Measures Bureau of the Police Division for the price of $2,813.33, and the Council does hereby accept such bid as the lowest bid meeting specifications as out- lined in the aforementioned report and recommendation. By Councilman Ventura, seconded by Councilman McCann, it was RESOLVED, that with respect to the acceptance of the bid on a Station Wagon for the Weights and Measures Bureau of the Police Division, the Council does hereby table this matter so that the B. J. Ratigan Chrysler Plymouth, Inc. may quote on the extra equipment needed for the same. A roll call vote was taken on the tabling resolution with the following result: AYES* Ventura, Raymond and McCann. NAYS: Nash, Milligan, Kleinert and McNamara. The President declared the tabling resolution denied. A roll call vote was taken on the original resolution with the following result. AYES : Nash, Milligan, Kleinert, Raymond and McNamara. NAYS : Ventura and McCann. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #1175-69 RESOLVED, that having considered a letter submitted in behalf of the Buckingham Village Civic Association, dated October 8, 1969, by its president Terrence Depew, and before determining to install street lights in the area referred to in the aforesaid communication, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquen- cies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment, and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 2.506 and Section 2.514 of the Livonia Code of Ordinances. 10927 By Councilman Ventura, seconded by Councilman Kleinert, it was #1176-69 RESOLVED, the Council does hereby determine that its regular meetings for the month of November, 1969 shall be conducted on the following dates at 8.00 P. M. : Wednesday, November 5, 1969 Wednesday, November 12, 1969 Wednesday, November 19, 1969 Monday, November 24+, 1969. A roll call vote was taken on the foregoing resolution with the following result AYES: Kleinert, Ventura, Raymond and McNamara. NAYS: Nash, Milligan and McCann. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was #11�7-69 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 Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #1178-69 RESOLVED, that the Council does hereby determine with respect to the proposed special assessment district set up in council resolution #1363-68 and subsequently acted on in council resolutions #593-69 and #893-69, the said district shall be reduced in size so as to delete therefrom the improvement and assessments previously proposed to be applicable on properties located on Deering and Hizmet; and in this regard, the City Clerk, City Engineer and City Assessor are hereby requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, this 665th regular meeting of the Council of the City of Livonia was duly adjourned at 10:10 P.M, October 20, 1969. ADDISON W. BACON,Ci;), Cl- k.