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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-09-03 10758 MINUTES OF THE SIX HUNDRED FIFTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 3, 1969, the above meeting was held at the City Hall, 33001 Five Nile 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, Rudolf R. Kleinert, Peter A. Ventura, Robert E. McCann, Robert F. Nash, and Edward G. Milligan. Absent: Jerry Raymond (excused). Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Albert W. Easton, Assistant City Attorney; Robert A. Shaw, Director of Public Works; William J. Strasser, City Engineer; Ed Siemert, Assistant City Engineer; Don Hull, City Planner; John T. Dufour, Superintendent of Parks and Recreation; James Miller, Personnel Director; Henry Sieferd, City Assessor; Dan Andrew, Industrial Coordinator; Thomas J. Griffiths, Jr., Chief Accountant; David L. Jones, Water and Sewer Commissioner; Donald Nicholson, Director of Public Safety; Frank Kerby, Chief Building Inspector; Victor Phillips, Budget Director; Raymond Danaher, Budget Analyst; Carl Demek, Superintendent of Operations; Robert Bennett, Zoning Board of Appeals; and Frank Santo, Planning Commission. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #930-69 RESOLVED, that the minutes of the 658th regular meeting of the Council of the City of Livonia, held August 20, 1969, are hereby approved. A communication from the Mayor, dated September 3, 1969, advising that Livonia's Workable Program for Community Improvement has been recertified until September 1, 1971, by the Department of Housing and Urban Development, was received and filed for the information of the Council. 10759 The following preamble and resolution were offered by Councilman Nash and supported by Councilman Milligan: #931-69 WHEREAS, September 3, 1969, at 11:00 o'clock a.m., Eastern Standard Time, has been set as the date and time for opening bids for the purchase of $225,000.00 Tax Anticipation Notes of the City of Livonia, County of Wayne, Michigan; AND WHEREAS, said bids have been publicly opened and read; AND WHEREAS, the following bids have been received; Bidder Maturity Interest Rate Premium Livonia National Bank April 1, 1970 4.19% None National Bank of Detroit April 1, 1970 4.25% None AND WHEREAS, the bid of Livonia National Bank has been determined to produce the lowest interest cost to the City; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The bid of Livonia National Bank as above stated, be and the same is hereby accepted. 2. Checks of the unsuccessful bidders be returned to each bidder's representative or by registered mail. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #932-69 RESOLVED, the Council does hereby determine that its regular meetings for the month of October, 1969, shall be conducted on the follow- ing dates at 8:00 P. M.: Monday, October 6, 1969; Monday, October 13, 1969; Monday, October 20, 1969; and Monday, October 27, 1969 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Ventura, and McNamara. NAYS: Kleinert. The President declared the resolution adopted. 10760 LCouncilman Milligan took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3. THERETO RE: PET. 69-3-1-10 FOR CHANGE OF ZONING FROM C-1 TO R-7, INTRODUCED BY COUNCILMAN MILLIGAN ON AUGUST 20, 1969. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. LCouncilman Nash took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE CONCERNING THE GOVERNMENT OF THE CITY OF LIVONIA, MICHIGAN, ADOPTING AND ENACTING A NEW CODE OF GENERAL ORDINANCES AS HEREIN CHANGED, ORDAINING NEW PRO- VISIONS, ADOPTING TECHNICAL WORKS, AND REPEALING CERTAIN ORDINANCES EXCEPT AS HEREIN EXPRESSLY SAVED FROM REPEAL, AND PROVIDING FOR THE EFFECTIVE DATE OF SAID CODE. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Milligan, seconded by Councilman Kleinert, and unanimously adopted, it was 10761 #933-69 RESOLVED, that after having considered a request from the Executive Officer, Installations and Services Directorate, Department of the Army, Tank—Automotive Command, Warren, Michigan, asking the City for assistance in providing living accommodations to military families, the Council does hereby determine to provide whatever assistance is possible within the scope of its authority in this regard, and the City Clerk is hereby requested to acknowledge said communication. A communication from the Livonia Housing Commission, dated August 13, 1969, relative to the Progress of Program Reservation MICH-55-B (81 Dwelling Units for Low- Income Elderly) was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #934-69 RESOLVED, that after having considered resolutions adopted by Plymouth Township, Dearborn Heights, and Inkster relative to the collection of delinquent personal property taxes by Wayne County Treasurer, the Council does hereby determine to refer this matter to the Study Session of the Council to be held September 17, 1969, at which meeting the City Treasurer, Carl Purcell-Wayne County Board of Supervisors, and Dearborn Heights Councilman Caldwell are invited to attend. By Councilman Milligan, seconded by Councilman Ventura, it was #935-69 RESOLVED, that having considered a communication dated August 14, 1969 from the Department of Law transmitting for Council acceptance a Quit Claim Deed dated July 31, 1969 executed by Leonard Farber, Partner, Deventen Investors Co., a Michigan Registered Co-Partnership, wherein a right-of- way is conveyed to the City for Joy and Hix Roads, said right-of-way being more particularly described as: The North 546.02 feet of the South 606.02 feet of the Easterly 43 feet of the SW 1/4 of Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan and The Southerly 60 feet of the Easterly 1085.97 feet of the SW 1/4 of Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Bureau of Taxation Parcel 31GG1 Joy and Hix Roads right-of-way the Council does herein accept for and in behalf of the City of Livonia the aforesaid Deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds; and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution. 10762 L A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #936-69 RESOLVED, that having considered a communication dated July 31, 1969 from the Department of Law transmitting for Council acceptance a warranty deed dated July 214, 1969 executed by Joseph B. Slatkin, President and Irvin Hermanoff, Secretary of Harry Slatkin Builders, Inc., a Michigan corporation, and a quit claim deed dated July 30, 1969 executed by Esther Slatkin, Robert Slatkin, and Norman L. Lippitt, administrators C/T/A of the estate of Adolph Slatkin, deceased and by Maxine Ferne Pearlman, Joseph Pearlman, and Jacob L. Keidan, Executrix and Administra- tors With Will Annexed of the Estate of Milton L. Slatkin, deceased, each of which conveys parcels lOR and 10KK1, for a future park site, said property being more particularly described as: PARCEL I: West 1/2 of the Southeast 1/4 of Section 10, except the South 60 feet thereof, Town 1 South, Range 9 East (77.98 acres more or less) PARCEL II: South 1/3 of the West 1/2 of the Northeast 1/14 L of Section 10, Town 1 South, Range 9 East (26.74 acres more or less) the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid instrument, and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; 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: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. By Councilman Milligan and Councilman Ventura, it was #937-69 RESOLVED, that having considered a communication dated July 29, 1969 from the Department of Law transmitting for Council acceptance a Quit Claim Deed dated July 22, 1969 executed by John Horvath and Lucille Horvath, his wife, wherein a right-of-way is conveyed to the City for Stark Road, said right-of-way being more particularly described as: 10763 The west 43 feet of that part of the S. E. 1/4 of Section 33 described as beginning at a point on the N. and S. 1/4 line of said Section distant S. 1° 55' 30" W. 345.27 feet from the Center 1/4 corner of Section 33 and proceeding thence S. 59° 09' 10" E. 345.39 feet; thence S. 87° 39' 10" E, 5.03 feet; thence S. 1° 43' 20" W, 49.18 feet; thence S. 86° 23' W, 160.76 feet; thence N. 82° 05' 30" W, 148.31 feet; thence N. 1° 55' 30" E. along the N. and S. 1/4 section line, 216.32 feet to the point of beginning. Bureau of Taxation Parcel 33DD1a3a1 Stark Road right-of-way the Council does herein accept for and in behalf of the City of Livonia the aforesaid Deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds; and the City Clerk is 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, and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #938-69 RESOLVED, that having considered a communication from the Department of Law dated July 24, 1969 transmitting for Council acceptance certain documents, said documents being more particularly described as: 1. Grant of Easement dated June 5, 1969 executed by Flora Anne Berei and Louis Berei, husband and wife, conveying: The east 10 feet of Lot 9 Thomas F. 01Connor's Merriman Park Subdivision of part of S. E. 1/4 of Southeast 1/4 of Section 10, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 10d9) 2. Quit Claim Deed dated July 15, 1969 executed by Harold E. Edwards and Mildred Edwards, his wife, and Eugene Edwards and Emma M. Edwards, his wife, conveying: The East 60 feet of the South 1/2 of the S. E. 1/4 of the N. E. 1/4 of Section 18, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; also the N. 1/2 of the N. E. 1/4 of the S.E. 1/4 of Section 18, except that part thereof described as beginning at a point on the E. section line distant due north, 2280.49 feet from the S. E. corner of Section 18 and proceeding thence N. 89° 59' W. 710.35 ft; thence N. 52° 59' 50" W. 24.60 feet; thence due north, 215 feet; thence N. 29° 36' 10" E., 69.88 feet; thence N. 62° 25' 40" E., 85.15 feet; thence S. 89° 59' E., 620 feet; thence due south along said E. line, 330 feet to the point of beginning. (Bureau of Taxation Parcel 18D2) (Newburgh Road right-of-way) 10764 3. Quit Claim Deed dated May 20, 1969 executed by Isabella Hunter, a widow, conveying: That part of the N. 1/2 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the N. & S 1/4 line of Section 28, distant S 0° 41' 44" W, 1335.91 feet from the N 1/4 corner of Section 28 and proceeding thence S 89° 15' 42" E, 927.99 feet to the west line of Stark Road (86 feet in width); thence S 15° 07' 25" W, along said west line 41.29 feet; thence N 89° 15' 42" W, 817.75 feet; thence N 83° 33' 02" W, 100.49 feet; thence N 89° 15' 42" West 719.62 feet; thence southwesterly along a tangent curve to the left, said curve having a radius of 470.18 feet, a central angle of 11° 41' 30", a chord bearing of S 8)40 53' 33" W and chord distance of 95.78 feet, an arc of 95.95 feet to a point; thence S 79° 02' 48" W, on a tangent to said curve 50 feet; thence westerly along a curve to the right, said curve having a radius of 487.51 feet, a central angle of 11° 41' 30", a chord bearing of S 84° 53' 33" W a chord distance of 99.30 feet, an arc distance of 99.48 feet to a point; thence N 89° 15' 42" W along a tangent to said curve 350.0 feet; thence N 0° 34' E, 60.0 feet; thence S 89° 15' 42" E, 1312.97 feet to the point of beginning. (Bureau of Taxation Parcel 28e808) Industrial Road dedication the Council does herein accept for and in behalf of the City of Livonia the aforesaid documents and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #939-69 RESOLVED, that having considered a communication dated July 17, 1969 from the Department of Law transmitting for Council acceptance a Grant of Easement dated December 6, 1968 executed by Harold E. Edwards; Eugene Edwards and Emma Marie Edwards, his wife, wherein a drain easement across Parcel 18D2 is conveyed to the City in connection with the Newburgh Road Paving Project, said easement being more particularly described as: That part of the S. E. 1/4 of Section 18, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the E. Section line distant due north 2610.49 feet from the S. E. corner of Section 18 and proceeding thence N. 89° 59' W., 130 feet; thence due north, 60 feet; thence S. 89° 59' E., 130 feet; thence due south along said E. line, 60 feet to the point of beginning. 10765 the Council does herein accept for and in behalf of the City of Livonia the aforesaid document and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. By Councilman Milligan) seconded by Councilman Ventura, it was #940-69 RESOLVED, that having considered a communication from the Department of Law dated August 13, 1969 transmitting for Council acceptance certain documents, said documents being more particularly described as: 1. Grant of Easement dated July 10, 1969 executed by James H. Durant and Esther E. Durant, his wife, conveying: That part of the S. W. 1/4 of Section 11, 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 N 0° 01' 25" E, 60.0 feet from the S 1/4 corner of Section 11 and proceeding thence N 0° 01' 25" E along said line, 229.0feet; thence S 89° 51' 10" W, 129.51 feet; thence S 0° 01' 42" E, 229.0 feet; thence N 89° 51' 10" E along the N. line of Six Mile Road, 120 feet wide, 129.30 feet to the point of beginning. (Bureau of Taxation Parcel 11DDla) 2. Grant of Easement dated July 14, 1969 executed by William F. Whitener conveying: That part of the S. W. 1/4 of Section 11, 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 N 0° 01' 25" E, 289.0 feet from the S 1/4 corner of Section 11 and proceeding thence N 0° 01' 25" E along said line 150.0 feet; thence S 89° 51' 10" W, 129.65 feet; thence S 0° 01' 42" E, 150.0 feet; thence N 89° 51' 10" E, 129.51 feet to the point of beginning. (Bureau of Taxation Parcel 11DD1b) 3. Grant of Easement dated July 10, 1969 executed by Gerard A. Noble and Patricia E. Noble, his wife, and Albert N. Harrison and Mary Louise Harrison, his wife conveying: That part of the S. W. 1/4 of Section 11, 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 N 0° 01' 25" E 439.0 feet .from the S 1/4 corner of Section 11, and proceeding thence N 0° 01' 25" E along said line 150.0 feet; thence S. 89° 51' 10" W, 129.79 feet; thence S 0° 01' 42" E, 150.0 feet; thence N 89° 511 10" E, 129.65 feet to the point of beginning. (Bureau of Taxation Parcel 11DrIc) 10766 4. Grant of Easement dated July 14, 1969 executed by Fredrick W. McLelland and Mary E. McLelland, his wife conveying: That part of the S. W. 1/4 of Section 11, 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 N 0° 01' 25" E, 589.0 feet from the S 1/4 corner of Section 11 and proceeding thence N 0° 01' 25" E along said line 150.0 feet; thence S 89° 51' 10" W, 129.93 feet; thence S 0° 01' 42" E, 150.0 feet; thence N 89° 51' 10" E, 129.79 feet to the point of beginning. (Bureau of Taxation Parcel 11DD1d) 5. Grant of Easement dated July 5, 1969 executed by Patrick J. McDonald and Geraldine McDonald, his wife conveying: That part of the S. W. 1/4 of Section 11, 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 N 0° 01' 25" E, 739.0 feet from the S 1/4 corner of Section 11 and proceeding thence N 0° 01' 25" E along said line, 214.90 feet; thence S 89° 51' 10" W, 130.13 feet; thence S 0° 10' 42" E, 214.89 feet; thence N. 89° 51' 10" E, 129.93 feet to the point of beginning, except the north part thereof measuring 32.15 feet on the E. line and 30.82 feet on the W. line. (Bureau of Taxation Parcel 11DDlela) the Council does herein accept for and in behalf of the City of Livonia the aforesaid documents and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #941-69 RESOLVED, that having considered a communication dated August 7, 1969 from the Superintendent of Operations, Director of Public Works and the Budget Director, and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Cyril J. Burke, Incorporated, 6451 E. McNichols Road, Detroit, Michigan 43212, :;hich bid was the only bid received meeting specifications, for suprJ.ying the Operations Division with one (1) new Austin-Western Super 100 Tandem Ruad Grader at a bid price of $26,947.00, less trade-in of $3,047.00 on a 1952 Galion Road Grader, Model 188, Serial No. MD-18570-118UDC832195OF, (DPW Veh. #105) for a net price of $23,900.00; further, the Council does hereby authorize the Budget Director to make such purchase and arrange for the financing of the same in the following manner: Payment of $7400.00 (allocated in current budget) to be paid at time of delivery, and the balance of $16,500.00 to be paid in two equal annual installments and to be evidenced in two promissory notes, each to bear an interest rate not to exceed 4-1/2 per centum per year and said notes to be executed with the Livonia National Barak of Livonia, Michigan; 10767 further, the City Clerk is hereby authorized to execute such notes in behalf of the City, subject to approval as to form by the City Attorney; and the City Clerk and City Treasurer are hereby 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 a communication dated August 7, 1969 from the Superintendent of Operations, Director of Public Works and the Budget Director, and approved for submission by the Mayor relative to the acceptance of a bid for supplying the Operations Division with one road grader, the Council does hereby refer this matter to the Finance Committee of the Council for report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan and Ventura. NAYS: McCann, Nash, Kleinert, and McNamara. The President declared the resolution denied. A roll call vote was taken on the original resolution with the following result: AYES: McCann, Nash, Kleinert, and McNamara. NAYS: Milligan and Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Kleinert, it was #942-69 RESOLVED, that having considered a communication from the Director of Public Safety, dated July 15, 1969, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Remington Rand Office Systems, Division of Sperry Rand Corporation, 23999 Northwestern Highway, Southfield, Michigan, for supply- ing the Police Division with one Card Conveyer Soundex Filing Machine for the price of $5,40$.00, the same having been the only bid received with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was RESOLVED, that having considered a communication from the City Engineer and the Assistant City Engineer, dated August 111, 1969, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Forneys, Incorporated, P. 0. Box 310, New Castle, Pennsylvania 16103, for supplying the Engineer- ing Division with one Concrete Compression Tester, Model QC-150, for the sum of $2,165.00, the same having been in fact the lowest bid received with respect to this item. 10768 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert and McNamara. NAYS: McCann, Nash, Milligan, and Ventura. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman Milligan, it was #943-69 RESOLVED, that having considered a communication from the City Engineer and the Assistant City Engineer, dated August 14, 1969, approved by the Director of Public Works and approved for submission by the Mayor with regard to the purchase of a concrete compression tester by the Engineering Division, the Council does hereby determine to reject all bids received with respect to this item and to take no further action; further the Council does hereby rescind CR#573-69. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, and Ventura. NAYS: Kleinert and McNamara. The President declared the resolution adopted. I, By Councilman Kleinert, seconded by Councilman McCann, it was #9411-69 RESOLVED, that having considered a communication dated July 17, 1969 from the Water and Sewer Board, approved for submission by the Mayor, which transmits its resolution #WS 1236 6/69 adopted on June 30, 1969, the Council does hereby determine to accept the bid of Bill Brown, Inc., 32222 Plymouth Road, Livonia, Michigan 48150, for supplying the Water Department with one (1) new Ford Custom 54E four door sedan at a cost of $1,937.64, the same having been in fact the lowest bid received with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #945-69 RESOLVED, that, Gordon Begin Co., 31530 Dolly Madison Drive, Madison Heights, Michigan, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following sub- division: Mar-Git Subdivision No. 2, located in the S. W. 1/4 of Section 24, City of Livonia, the said proposed preliminary plat being dated November 14, 1968; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on December 3, 1968; and it further appearing that such preliminary plat, together with Development Plans and Specifica- tions for improvements therein have been examined and approved by the 10769 Department of Public Works as is set forth in the report of that department dated August 1, 1969; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions: (1) All of the improvements, utilities and grading shall be con- structed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Plat Ordinance, Ordinance No. 500, as amended; the subdivision regulations of the Planning Commission; the regulations and specifications of the Department of Public Works and the development plans submitted by the proprietor and approved by such Department; all such improvements to be constructed, installed, accomplished and completed withinaperiod of two (2) years from the effec- tive date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid in the time and manner provided in the said Plat Ordinance, as amended: (3) That the installation of such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works and such improvements shall not be considered, as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 7.03 of said Plat Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans; (5) That the following cash payments be made to the City: a) Trees $ 411.60 b) Traffic Control Signs (already in place) c) Street Name Signs (already in place) d) Plan review, field inspection and administration (5% before contingencies) $1,515.00 e) Ditch Maintenance (To be held in escrow for a period of one year after acceptance of ditches. $1,000.00 f) Survey Monuments (Cash Escrow) $ 625.00 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive final approval of the City Planning Commission as evidence that such plat is in compliance with existing sub- division regulations; (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this reaolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein and provided there has been compliance with all other requirements of the Plat Act., Plat Ordinance, and this resolution. 10770 (8) That, for the purpose of obtaining approval of final plata prior to the completion of all required improvements, the proprietor may file with the City of Livonia, surety bond, certified check, cash bond or other financial assurance in such form as may be approved by the Department of Law, guaranteeing the satisfactory installation of all such improve- ments, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances, the same shall be in the following amounts: General Improvement Bond $29,400.00 of which at least $2,940.00 shall be in cash Sidewalk Bond $3,870.00 of which at least $1,935.00 shall be in cash (9) The Council does hereby waive and modify the improvement requirements set forth in the Plat Ordinance with respect to ornamental street lighting as well as overhead distribution lines for telephone and electric service for the reasons indicated in the aforesaid communication except that with respect to such distribution lines for telephone and electric service the same shall be placed underground where the same con- nect from poles to such houses and dwellings as may be constructed in the same subdivision. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Ventura, and McNamara. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Nash, it was #946-69 RESOLVED, that having considered the report and recommendation dated August 14, 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 the cash bond in the amount of $680.00 deposited with the City in accordance with Council Resolution #1044-65 adopted November 3, 1965, as thereafter subsequently amended, including the action taken on October 3, 1966 in Council Resolu- tion #999-66 which previously reduced such financial assurances to $680.00, to guarantee the satisfactory installation of improvements in Burton Hollow Estates Subdivision #6; further, the Council does hereby authorize the release to the proprietor of the financial assurances now on deposit with the City for sidewalk improvements in the amount of $16,500.00 of which $4,950.00 is in cash, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily in- stalled 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. 10771 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Nash, it was #947-69 RESOLVED, that having considered the report and recommendation dated August 14, 1969 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend item No. 8 of Council Resolution #252-69 adopted on March 5, 1969 so as to reduce the financial assurances now on deposit with the City for general improvements in Bai-Lynn Park Subdivision #8 to $500.00 cash to cover the cost of remaining improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; further, the Council does hereby reduce the financial assur- ances now on deposit with the City for sidewalk improvements in said sub- division to $500.00; 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, and McNamara. L. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #948-69 RESOLVED, that having considered the report and recommendation dated August 14, 1969 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend item No. 8 of Council Resolution #1109-69 adopted on April 16, 1969 so as to reduce the financial assurances now on deposit with the City for general improvements in Bai-Lynn Park Subdivision #9 to $500.00 cash to cover the cost of remaining improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; further, the Council does hereby reduce the financial assur- ances now on deposit with the City for sidewalk improvements in said sub- division to $500.00; 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, and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was 10772 #949-69 RESOLVED, that having considered a communication dated August 4, 1969 from the City Assessor, approved for submission by the Mayor, which transmits a request from Mr. Jerome W. Dorr of John H. Hussey Company, 20340 W. McNichols Road, Detroit, Michigan 48219, dated July 17, 1969, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as the City's ordinances, the Council does hereby find that the proposed division or partition of Lot 44, Garden Farms Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, is proper and does hereby approve of dividing the same into two parcels, the legal descriptions of which shall read as follows: PARCEL A The E. 110of Lot 44, Garden Farms Subdivision, of part of the E. 1/2 of the N. E. 1/4 of Section 12, T. 1 S., R. 9 E., Livonia Township, Wayne County, Michigan. Rec'd. L. 40, P. 56 Plats, W.C.R. (Now City of Livonia) PARCEL B The W. 80' of Lot 44, Garden Farms Subdivision, of part of the E. 1/2 of the N. E. 1/4 of Section 12, T. 1 S., R. 9 E., Livonia Township, Wayne County, Michigan. Rec'd. L. 40, P. 56 Plats, W.C.R. (Now City of Livonia) as shown on the map attached to the aforesaid petition which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #950-69 RESOLVED, that having considered a communication dated July 31, 1969 from the City Assessor, approved for submission by the Mayor, which transmits a request from Mr. John Kiro, 29007 Terrence, Livonia, Michigan, dated February 10, 1969, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as the City's ordinances, the Council does hereby find that the proposed division or partition of Lot 341, Supervisor's Livonia Plat #5, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, is proper and does hereby approve of dividing the same into two parcels, the legal descriptions of Which shall read as follows: PARCEL A The East 127.93 feet of Lot 341, Supervisor's Livonia Plat No. 5 of the S. 1/2 of the N. W. 1/4 of Section 13, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. 10773 PARCEL B Lot 341, except the East 127.93 feet thereof, Supervisor's Livonia Plat No. 5 of the S. 1/2 of the N. W. 1/4 of Section 13, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. as shown on the map attached to the aforesaid petition which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #951-69 RESOLVED, that having considered a communication dated July 31, 1969 from the City Assessor, approved for submission by the Mayor, which transmits a request from Mr. Morris Friedman of Belsar Development Company, 18685 Wyoming Avenue, Detroit, Michigan 48221, dated June 14, 1969, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as the City's ordinances, the Council does hereby find L that the proposed division or partition of Lot 21, Merriman Road Industrial Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, is proper and does hereby approve of dividing the same into two parcels, the legal descriptions of which shall read as follows: PARCEL A Lot 21, except the southerly 200' Merriman Road Industrial Subdivision of part of the N. W. 1/4 of Section 26, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Liber 88, Pages 25, 26. PARCEL B The southerly 200' of Lot 21 as measured perpendicular to the East line of said lot, Merriman Road Industrial Subdivision of part of the N. W. 1/4 of Section 26, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Liber 88, Pages 25, 26. as shown on the map attached to the aforesaid petition which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. LA roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, McNamara. NAYS: None. 10774 By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted Li c was #952-69 RESOLVED, that having considered a communication from the Depart- ment of Law dated August 14, 1969, which submits a proposed amendment to the Building Code Ordinance No. 449 which would propose to require alumi- num gutters and downspouts for commercial and residential buildings, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 401, AS AMENDED, KNOWN AND CITED AS THE "SPECIAL ASSESSMENT PROCEDURE ORDINANCE" OF THE CITY OF LIVONIA BY AMENDING SECTION 6.05 THEREOF. 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 Lmeeting of the Council. By Councilman Ventura, seconded by Councilman Kleinert, and unanimously adopted, it was #953-69 RESOLVED, that having considered a communication from the Depart- ment of Law dated July 23, 1969, which submits a proposed ordinance to license car washes pursuant to Council Resolution #240-68, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING NO. 500, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "PLAT ORDINANCE" BY ADDING SECTION 6.15.1 THEREOF. 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. LThe above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 10775 Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 12 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PET. 65-8-1-2 FOR CHANGE OF ZONING FROM R-1 TO R-7 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. At 9:25 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. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 29 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 5) 3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PET. 69-3-1-11 FOR CHANGE OF ZONING FROM C-2 TO M-1. 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 Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PET. 69-2-1-5 FOR CHANGE OF ZONING FROM RUF TO R-5. 10776 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 gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PET. 69-3-1-8 FOR CHANGE OF ZONING FROM RUF TO R-4. 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 gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PET. 69-2-1-2 FOR CHANGE OF ZONING FROM RUF TO C-2. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if 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 Kleinert, and unanimously adopted, it was #954-69 RESOLVED, that having considered a communication from the Depart- ment of Law, dated July 24, 1969, submitted pursuant to Council Resolution #646-69, requesting the drafting of a proposed amendment to the Zoning Ordinance, Section 8.02, so as to provide that with respect to site plans for multiple dwellings review by the City Planning Commission shall be 10777 limited to a period of sixty (60) days, the Council does hereby refer the same to the City Planning Commission for the purpose of conducting a public hearing and thereafter submitting its report and recommendation to the Council, in accordance with the provisions of Article XXIII of the Zoning Ordinance, Ordinance No. 543, as amended. By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #955-69 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, October 8, 1969, at 7:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items: (a) Petition 69-5-6-10 submitted by the City Planning Commission on its own motion to determine whether to amend Section 8.02 of Ordinance #543, as amended, the Zoning Ordinance, for the purpose of expanding the number of uses permitted in R-7 Districts, the City Planning Commission having in its resolution #6-88-69 recommended to the City Council that Petition 69-5-6-10 be approved; (b) 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 #543, as amended, the Zoning Ordinance, for the purpose of expanding the number of uses permitted in R-8 Districts, the City Planning Commission having in its resolution #6-89-69 recommended to the City Council that Petition 69-5-6-11 be approved; (c) Petition 69-5-6-8 submitted by the City Planning Commission on its own motion to determine whether to amend Article XVIII of Ordinance #543, as amended, the Zoning Ordinance, by adding Section 18.55 requiring submission of site plans for approval by the City Planning Commission of developments in the vicinity of the Livonia Mall Shopping Center, the City Planning Commission having in its resolution #6-90-69 recommended to the City Council that Petition 69-5-6-8 be approved; (d) Petition 69-5-6-9 submitted by the City Planning Commission on its own motion to determine whether to amend Article XVIII of Ordinance #543, as amended, the Zoning Ordinance, by adding Section 18.56 requiring submission of site plans for approval by the City Planning Commission of developments in the vicinity of the Wonderland Shopping Center, the City Planning Commission having in its resolution #6-91-69 recommended to the City Council that Petition 69-5-6-9 be approved; 10778 (e) Petition 69-3-1-9 submitted by Emerson Building Company of Detroit 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, the City Planning Commission having in its resolution #6-94-69 recommended to the City Council that Petition 69-3-1-9 be denied; (f) Petition 69-6-6-14 submitted by the City Planning Commission on its own motion to determine whether to amend Section 11.03 Waiver Uses (C-2 Districts) Restaurants, of Ordinance #543, as amended, the Zoning Ordinance, so as to establish specific regulations for controlling the development of carry-out type restaurants, the City Planning Commission having in its resolution #7-102-69 recommended to the City Council that Petition 69-6-6-14 be approved; (g) Petition 69-6-6-15 submitted by the City Planning Commission on its own motion to determine whether to amend Section 11.02 Permitted Uses (C-2 Districts) of Ordinance #543, as amended, the Zoning Ordinance, so as to remove Waiver Uses in C-1 Districts from Permitted Uses in C-2 Districts, the City Planning Commission having in its resolution #7-103-69 recommended to the City Council that Petition 69-6-6-15 be approved; (h) Petition 69-6-6-16 submitted by the City Planning Commission on its own motion to determine whether to amend Section 18.29 Yards; Use; of Ordinance #543, as amended, the Zoning Ordinance, 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 City Planning Commission having in its resolution #7-104-69 recommended to the City Council that Petition 69-6-6-16 be approved; (i) Petition 69-2-6-6 submitted by the City Planning Commission on its own motion to determine whether to amend Ordinance #543, as amended, the Zoning Ordinance, by adding Paragraph 19 to Section 2.10, Landscaping, the City Planning Commission having in its resolution #7-107-69 recommended to the City Council that Petition 69-2-6-6 be approved; (j) 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, as amended, the Zoning Ordinance, the City Planning Commission having in its resolution #7-105-69 recommended to the City Council that Petition 69-6-6-17 be approved; further, that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement, indicating the nature of the proposed amendments 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 days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and 10779 to each railroad company owning or operating any public utility or rail- road 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 Kleinert, seconded by Councilman McCann, 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 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 1/14 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 69-3-1-7 is hereby denied for the reasons similar to those set forth in the action taken by the Planning Commission. By Councilman Ventura, seconded by Councilman Milligan, it was #956-69 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 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-i 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 determine to table this matter until such time as the petitioner takes action with respect to the same as well as until such time as Councilman Raymond is in attendance at a meeting to be conducted for this purpose. A roll call vote was taken on the tabling resolution with the following result: AYES: Nash, Milligan, Ventura, McNamara. NAYS: McCann and Kleinert. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Nash, it was #957-69 RESOLVED, that the Council having adopted resolution #727-69 at its regular meeting held on June 25, 1969, requiring the City Engineer to ascertain the assessed valuation of all property affected by the in- stallation of sidewalks on both sides of Five Mile Road from Inkster to Middlebelt, City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared plans and specifications therefor and an estimate for 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 10780 and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of July 22, 1969 and that there has been a full compliance with all of the provisions of Section 3.03 and Section 4.01 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Wednesday, October 8, 1969 at 7:00 P. M. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, and McNamara. NAYS: Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Kleinert, it was #958-69 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated June 24, 1969, and the report and recom- mendation dated August 15, 1969 from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Bouche & Associates, Inc. for transfer of ownership of 1969 Class "C" licensed business with dance permit located at 32826 Five Mile Road, Livonia, Michigan 48154, from Rocky Polisei; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #959-69 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated July 22, 1969, relative to an application from Carl Smereck for a new full year Class "C" license to be located at Levan Road and Five Mile Road, Livonia, Michigan, the Council does hereby refer the same to the Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, and McNamara. NAYS: Ventura. The President declared the resolution adopted. 10781 By Councilman Nash, seconded by Councilman McCann, it was #960-69 RESOLVED, that having considered a communication from the Parks and Recreation Commission, dated July 16, 1969, approved by the Budget Director and approved for submission by the Mayor, with respect to fees for bridge classes in the Fall and Winter Recreation Program, the Council does hereby approve of increasing such fees from $6.00 to $8.00 for ten lessons, for the reasons indicated in the aforesaid communication; and the City Clerk and City Treasurer are hereby requested to do all things neces- sary 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, and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Milligan, it was #961-69 RESOLVED, that having considered a communication from the Water and Sewer Board, dated July 17, 1969, approved for submission by the Mayor, which transmits its resolution #WS 1248 6/69 regarding Five Mile Road paving, the Council does hereby authorize the expenditure of $3,000.00 from the Water Improvement Fund to replace Class 150 non-Cement lined water mains from curb to curb on all street crossings on Five Mile Road from Inkster to Merriman Road, to ductile Class IV water mains; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution; further the Council does hereby waive requirements relating to advertis- ing and taking of bids with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #962-69 RESOLVED, that having considered a communication from the Depart- ment of Law dated August 13, 1969, approved for submission by the Mayor regarding the acquisition of certain properties in connection with the widening and improvement of Newburgh Road, and in accordance with the recommendations made in the aforesaid communication, the Council does hereby authorize the Division of Engineering and the Department of Law to acquire property as specified in the said communication from the owner or owners of the following parcel for the following amount: Parcel Owner Amount 06J39c (Charles W kta ins and $700.00 Margaret Watkins, his wife) and the sum of $4.00 is hereby authorized for the proration of taxes and for this purpose the Council does hereby authorize the expenditure of the aforesaid amounts from the $9,800,000.00 General Obligation Street and Road Improvement Bond Issue for this purpose; and the Department of Law, City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the full purpose of this resolution. 10782 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #963-69 RESOLVED, that having considered a communication from the Director of Public Safety, dated July 22, 1969, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby authorize the transfer of $6500.00 from the Capital Outlay Account 181.E-70 to the Vehicle Repair and Maintenance Account 184-7. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Ventura, it was #961. -69 RESOLVED, that having considered a communication from the City Planning Commission, dated July 17, 1969, which transmits its resolution #6-87-69 with regard to Petition 69-4-3-2 submitted by Thomas A. Morgan requesting the vacating of a 10' easement along the northerly portion of Lot #22 of Devon-Aire Woods Park Subdivision in the N. W. 1/4 of Section 35, the Council does hereby concur with the recommendation of the City Planning Commission and Petition 69-14-3-2 is hereby denied. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #965-69 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit con- sideration of several items that do not appear on the agenda. The following resolution was unanimously introduced, supported, and adopted: #966-69 RESOLVED, that having considered the request dated August 27, 1969 from Thomas D. Heap, 14373 Blackburn Avenue, Livonia, Michigan, sub- mitted in behalf of the residents of Kimberly Oaks Estates Subdivision #4, the Council does hereby grant permission to such residents to conduct a street dance on Allen Avenue, between Blackburn and Cranston Avenue,from 8:30 P. M. to 1:00 A. M. commencing the evening of September 19, 1969, subject to the approval of the Director of Public Safety. 10783 By Councilman Nash, seconded by Councilman Ventura, it was #967-69 RESOLVED, that having considered a communication from the Depart- ment of Law dated September 3, 1969, approved for submission by the Mayor, with regard to the acquisition of Parcel 22c369b-466 the legal descr3,ption of which is as follows: That part of Grennada Park Subdivision No. 1 as recorded in Liber 54 of Plats, Page 77, Wayne County Records, described as beginning at a point on the North Section Line distant S. 88° 29' E. 1170 feet from the Northwest corner of Section 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and proceeding thence S. 88° 29' E. along said line, 806.82 feet, thence S. 1° 16' W. 560 feet; thence N. 88° 29' W. 808.29 feet; thence N. 1° 25' E. 560 feet to the point of beginning. (Parcel 22c369b-466 8.93 acres, more or less) the Council does hereby authorize the Department of Law to execute the Right to Purchase Real Estate Agreement which is attached to the aforesaid communication; further, the Council does hereby authorize the acquisition of the subject property for a total consideration in the amount of $200,000.00 and which acquisition shall be made on the basis of a 5-year land contract with a down payment of $40,000.00 at the time of closing which sum is hereby authorized to be expended from the $9.8 Million Dollar General Obligation Street Improvement Bond Issue and which land contract shall contain the terms and conditions referred to in the aforesaid communication; further, the Mayor and the City Clerk are hereby authorized to execute in behalf of the City of Livonia the said land contract agree- ment; and further, the Mayor, the City Clerk and the 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, and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #966-69 RESOLVED, that the Bureau of Inspection, the City Engineer, and the City Attorney are hereby requested to furnish a report and recommenda- tion relative to the status of the construction of the out-fall storm sewer for Borman Food Stores, Inc. site plan located in Section 1. By Councilman Milligan, seconded by Councilman Ventura, it was #969-69 RESOLVED, that having considered a communication from the City Planning Commission dated August 8, 1969, submitting its resolution #7-108-69, wherein it is recommended that the final plat of Richter and Lipton Industrial Subdivision located in the Northwest 1/4 of Section 28 be approved, the preliminary plat of the said proposed Richter & Lipton Industrial Subdivision having previously received the tentative approval 10784 of the City Planning Commission on November 12, 1968, in its resolution #11-137-68 and approved by the City Council on February 26, 1969 in council resolution #184-69, and the City Engineer in a report dated September 3, 1969, approved by the Director of Public Works and approved for submission by the Mayor, having indicated that the conditions upon which the pre- liminary plat was approved by the Council and the City Planning Commission have been complied with, the Council does hereby determine to grant its approval to the final plat of Richter & Lipton Industrial Subdivision located in the Northwest 1/4 of Section 28, City of Livonia, Wayne County) Michigan, as submitted by Richter and Lipton, as proprietors, the pro- prietors thereof being required to do all things necessary to obtain full compliance with the Plat Act of Michigan, as amended, the Plat Ordinance of the City of Livonia, Ordinance No. 506, as amended, and the resolutions of the City Council of 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. By Councilman Milligan, seconded by Councilman Ventura, it was #970-69 RESOLVED, that having considered a communication from the City Planning Commission dated August 8, 1969, submitting its resolution #7-109-69, wherein it is recommended that the final plat of Burton & Share Westside Industrial Subdivision located in the N. W. 1/14 of Section 28 be approved, the preliminary plat of the said proposed Burton & Share Westside Industrial Subdivision having previously received the tentative approval of the City Planning Commission on March 4, 1969, in its resolution #3-34-69 and approved by the City Council on April 30, 1969 in council resolution #476-69, and the City Engineer in a report dated September 3, 1969, approved by the Director of Public Works and approved for submission by the Mayor, having indicated that the conditions upon which the pre- liminary plat was approved by the Council and the City Planning Commission have been complied with, the Council does hereby determine to grant its approval to the final plat of Burton & Share Westside Industrial Sub- division located in the N. W. 1/4 of Section 28, City of Livonia, Wayne County, Michigan, as submitted by Burton & Share, as proprietors, the pro- prietors thereof being required to do all things necessary to obtain full compliance with the Plat Act of Michigan, as amended, the Plat Ordinance of the City of Livonia, Ordinance No. 500, as amended, and the resolutions of the City Council of 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. NA/S: None. By Councilman Kleinert, seconded by Councilman Ventura, it was ,0765 #971-69 RESOLVED, that having considered a communication dated September 3, 1969, from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, regarding the establishment of improvement bonds for the University Park Apartments in the N. E. 1/4 of Section 7, the site plan for which was approved by the City Planning Commission on January 14, 1969, by its resolution #1-13-69, and the development plans for which have been approved by the Engineering Division, the Council does hereby approve the development of this site on the following conditions: (1) All of such improvements shall be installed in conformance with plans hereinbefore submitted to and approved by the Engineer- ing Division within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be super- vised and inspected by the Department of Public Works and such improvements shall not be considered as satisfactorily installed until there is filed with the Council a certificate from the Department of Public Works indicating satisfactory construction or installation of such improvements; (3) That the developer file with the City Clerk, on such forms as may be approved by the City Attorney, the following bonds: A General. Improvement Bond in the amount of $210,000.00, of which at least $10,000.00 shall be in cash; and a Sidewalk Bond in the amount of $3,830.00, of which at least $766.00 shall be in cash; the detailed breakdown for which shall be as follows: A. General Improvement Bond (all improvements with the exception of sidewalks) Water Mains 1. On-site (including extension to Margareta) $37,830.00 2. Off-site 24,000.00 Sanitary Sewers 29,620.00 Storm Sewers (including off-site ditch) 69,730.00 Paving 1. On-site Road 11,700.00 2. Off-site Road & Ditches 18,000.00 Sodding 100.00 Estimated Construction Costs 190,980.00 Construction Contingencies 19,020.00 TOTAL $210,000.00 B. Sidewalk Improvements Sidewalks $3,480.00 Construction Contingencies 350.00 TOTAL $3,830.00 10786 C. Cash Payments to the City Trees (public right-of-way $406.35 Street Signs 75.00 Traffic Control Signs 125.00 Plan review, field inspection & Administration (5% before contingencies) $9,723.00 Monuments (Escrow deposit to be returned to the proprietor after monuments are in place along University Park Drive) $150.00 (4) That the proprietor submit to the City Engineer as-built plans of all improvements installed in the apartment site on cloth reproducible material. (5) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the site. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #972-69 RESOLVED, that the Council does hereby request the Department of Law to submit an amendment to Section 6.12 of Ordinance No. 500, as amended, (by Ordinance 626) so as to permit the use of interest accumulated in the tree fund to replace trees in existing subdivisions when such action is required. By Councilman McCann, seconded by Councilman Nash, and unanimously adopted, this 659th regular meeting of the Council of the City of Livonia, was duly adjourned at 10:32 P. M., September 3, 1969. W*. ADDISON N. BACO erk