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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-06-11 L 1053, MINUTES OF THE SIX HUNDRED FIFTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 11, 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 8:06 P. M.. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present--Edward H. McNamara, Rudolf R. Kleinert, Jerry Raymond, Robert E. McCann and Edward G. Milligan. Absent--Peter A. Ventura and Robert F. Nash. Councilman Ventura and Councilman Nash were representing the City in another capacity. Elected and appointed officials present: Virginia G. Handzlik, Deputy LCity Clerk; Harry C. Tatigian, City Attorney; Robert A. Shaw, Director of Public Works; David L. Jones, Water and Sewer Commissioner; Henry Sieferd, City Assessor; Donald Nicholson, Director of Public Safety, Don Hull, City Planner, Marie Talbot, Court Clerk-Administrator; John T. Dufour, Superintendent of Parks and. Recreation; Victor C. Phillips, Budget Director; Thomas Griffiths, Jr., Chief Accountant; Ed Siemert, Assistant City Engineer; Raymond Danaher, Budget Analyst; James Miller, Personnel Director; Gary Clark, Engineering Division; Robert Bennett, Zoning Board of Appeals; Francis Bouffard, Zoning Board of Appeals; John Stymelski, Traffic Commission; Richard Simpson, Traffic Commission; Marvin Moser, Planning Commission, and Carl Pursell, Wayne County Board of Supervisors. By Councilman McCann, seconded by Councilman Kleinert, and unanimously adopted, it was 4600-69 RESOLVED, that the minutes of the 651st regular meeting of the LCouncil of the City of Livonia, held May 28, 1969, are hereby approved. The communication from the Mayor dated June 10, 1969 with respect to renegotiation of our city's contract with the State Highway for the 1-96 - I-275 expressway, was received and filed for the information of the Council. 10540 By Councilman Milligan, seconded by Councilman Kleinert, and unanimously auopted, it was #601-69 RESOLVED, that the communication from the City Clerk, dated May 29, 1969, which transmits a copy of the Annual Audit and Report on the examination of Financial Statements and supplemental data for the Fiscal Year Ending February 28, 1969, for the Water and Sewer Department, as recently completed and prepared by the firm of Lybrand, Ross Bros. and Montgomery, is hereby referred to the Committee of the Whole. Councilman Kleinert took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 1 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: PETITION 68-2-1-4 FOR CHANGE OF ZONING FROM RUF TO C-1, INTRODUCED BY COUNCILMAN VENTURA ON MAY 28, 1969. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, Milligan, Kleinert and McNamara. NAYS: McCann. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Kleinert, seconded by Councilman Raymond, it was #602-69 RESOLVED, that having considered a communication from the Personnel Director, dated May 7, 1969, which transmits a resolution adopted by the Civil Service Commission on April 29, 1969, wherein it is recommended that the Retirement Ordinance, Ordinance No. 77, as amended, be amended so as to cover all retirees who were general members of the retirement plan for pension benefit improvements effective beginning December 1, 1968 in the manner indicated in the aforesaid communication, the Council does hereby concur in and approve of such action, further, that the recommendation of the Civil Service Commission to include a pension improvement from December 1, 1968 for former Fire Marshall Ferrand Perry in the manner indicated is also herein approved, further, that the Personnel Director, together with the Department of Law, prepare the necessary amendments to the Retirement Ordinance to implement the purpose of this resolution. 10541 i A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #603-69 RESOLVED, that having considered a communication from the Personnel Director, dated May 7, 1969, approved for submission by the Mayor and Budget Director, with regard to a resolution adopted by the Civil Service Commission on April 29, 1969 wherein the Commission did recommend an adjustment for the classification of Personnel Analyst I (Temporary Part-Time), effective beginning December 1, 1968, as follows : Present Salary Range Step 1 StSt e 1-1/2 Step 2Step 3 $2.89 $2.95 $3.03 $3.13 Proposed Salary Range Step 1 Ste 1-1 2 2L22.2._ Ste 3 $3.15 3.22 3.2 3. 1 and whereby the Civil Service Commission did recommend that no adjust- ment was necessary at this time with respect to rates for other seasonal and temporary classifications, the Council does hereby determine to concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Kleinert, and unanimously adopted, it was #604-69 RESOLVED, that having considered a communication from Rev. W. Carlton Younge of Alpha Baptist Church, dated May 14, 1969, with regard to the speed limit on West Chicago between Middlebelt and Inkster Roads, the Council does hereby refer the same to the Traffic Commission for its report and recommendation. By Councilman McCann, seconded by Councilman Kleinert, it was #605-69 RESOLVED, that having considered a communication from the City Engineer, dated May 15, 1969, approved by the Director of Public Works, the Traffic Officer of the Police Division, and approved for submission by the Mayor, which transmits a copy of a letter dated May 1, 1969 from 10542 the Board of Wayne County Road Commissioners; and having considered the necessity for the installation of traffic signal control devices to be located at the intersection of Merriman Road and Lyndon Avenue, the Council does hereby authorize the installation of the same, and having been advised that the estimated cost of the proposed traffic control signal is $1800.00, does hereby approve of the City assuming 50% of the total actual cost of such installation, and for this purpose the Council does hereby transfer the sum of $900.00 from the Reserve for Contingen- cies Account to the Civic Improvement Account of the Budget; also the City does hereby agree to pay the monthly electrical energy charges for such installation to the Detroit Edison Company upon completion of the installation, it being understood that the County will assume the full cost of maintaining the signal; and the Board of Wayne County Road Commissioners is hereby requested to cause such traffic signal to be installed at the aforesaid location in an expeditious manner, and the City Clerk and City Treasurer are herein' authorized to do all things necessary to the full performance of this resolution; and the City Clerk is requested to send a certified copy of this resolution to the Board of Wayne County Road Commissioners, to the attention of the Engineer of Traffic and Safety. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #606-69 RESOLVED, that having considered a communication from the City Engineer and Assistant City Engineer, dated May 13, 1969, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby request the Michigan Department of State Highways in constructing a storm sewer along Wayne Road between the south service drive of I-96 and the proposed Section 28-29 Industrial Road to install two additional manholes on such sewer at the expense of the City of Livonia, based upon the understanding that the City of Livonia will in turn be reimbursed for such expense by the proprietors of the Richter & Lipton Industrial Subdivision; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #607-69 RESOLVED, that having considered a communication from the Personnel Director, dated May 14, 1969, which transmits a resolution adopted by the Civil Service Commission on May 13, 1969 with regard to the action taken in Council Resolution #422-69, whereby the Civil Service Commission does recommend that its prior action be corrected with respect to the salary rate for Probation Officer so as to provide the following annual and bi-weekly salary rates: 10543 Step 3 Step 4 Step 5 $11,918.4o $12,417.60 $12,958.40 458.40 477.60 498.40 the Council does hereby concur in and approve of such rate. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Raymond, it was #608-69 RESOLVED, that having considered a communication from the Assistant City Engineer, dated May 20, 1969, approved by the City Engin- eer and the Director of Public Works and approved for submission by the Mayor, with regard to the enclosure of a drainage ditch located along the east lot line of property owned by Dr. Robert M. Stewart, 32864 Myrna Avenue, by the installation of approximately 160 lineal feet of 15" storm sewer, a catch basin and headwall, the cost of which material is estimated to be in the amount of $630.00, the Council does hereby authorize the Operations Division of the Department of Public Works to complete such construction, provided however that Dr. Stewart make arrangements to pay to the City the cost of the materials involved for such work; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann and McNamara. NAYS: Milligan and Kleinert. The President declared the resolution adopted. The communication from the Department of Law, dated May 16, 1969, with respect to the permissible use of Federal Surplus Equipment, was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Kleinert, it was #609-69 RESOLVED, that having considered the report and recommendation of the Director of Public Safety, dated May 8, 1969, approved for sub- mission by the Mayor and the Budget Director, the Council does hereby accept the bid of Radio Corporation of America for supplying the City with two Mobile Radios for the cost of $843.50 each, the same having been in fact the lowest bid received with respect to this item. 10544 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Kleinert, and unanimously adopted, it was #610-69 RESOLVED, that having considered a communication from the Water & Sewer Board, dated April 23, 1969, approved for submission by the Mayor, which transmits its resolution #WS 1192 2/69 wherein it is recom- mended that whenever a water meter is replaced in the meter replacement program, that an outside meter read-o-matic device be made available to the customer at a fee of $10.00, the Council does hereby refer the same to the Department of Law for the preparation of an amendment to the Water Rate Ordinance, Ordinance No. 396, as amended, (Section 8.1) for this purpose. By Councilman Kleinert, seconded by Councilman McCann, and unanimously adopted, it was #611-69 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 23, 1969, approved for submission by the Mayor, which transmits its resolution #WS 1193 2/69 with regard to the matter of sewer connection charges for apartment buildings, the Council does hereby refer this matter to the Department of Law for the prepara- tion of an amendment to Ordinance No. 224, as amended, in accordance with the recommendation set forth in the aforesaid action. By Councilman Milligan, seconded by Councilman Kleinert, it was RESOLVED, that the Council does hereby determine to take no further action at this time with respect to the City's participation in the Southeast Michigan Council of Governments. By Councilman Raymond, seconded by Councilman McCann, it was #612-69 RESOLVED, that the Council does hereby determine to table action with respect to the City's participation in the Southeast Council of Governments to the next Regular Meeting of the Council to be held June 18, 1969. A roll call vote was taken on the foregoing resolution with the following result: L AYES: Raymond, McCann and McNamara. NAYS: Milligan and Kleinert. The President declared the resolution adopted. 10545 The communication from the Southeast Michigan Council of Governments dated May 12, 1969 with respect to an Open Space Project Grant (#87), was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Raymond, it was #613-69 RESOLVED, that having considered a communication from the Director of Public Works, dated May 19, 1969, approved for submission by the Mayor, with regard to an offer made by the Newburgh Swim Club wherein the Newburgh Swim Club would dedicate to the City of Livonia the right-of-way located in front of the Newburgh Swim Club which is required for the Newburgh Road improvement project in consideration of the follow- ing items: 1. The paving of the existing center entrance driveway to the parking lot of the Swim Club with a bituminous surface; 2. The City to assume all cost involved in the installation of a sidewalk to be located in front of the subject property (approximately 330 feet), 3. The extension of the present parking lot drain to the new drainage ditch located north of the parking lot in its re- located position; and 4. Raising the level of the property of the Swim Club, located north of the parking lot, to the grade level of the parking lot (permanent grade); the Council does hereby determine to authorize the foregoing improvements in the manner requested by the Swim Club in consideration of the Newburgh Swim Club dedicating the aforementioned right-of-way to the City of Livonia, and that with respect to the foregoing items, Item 1, Item 3 and Item 4 be included as additional items to the City's contract with its contractor in connection with the Newburgh Road Road Improvement Project, and the Director of Public Works is hereby directed 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: Raymond, McCann, Kluinort and ,..0I:araar4. NAYS: Milligan. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman McCann, it was #614-69 RESOLVED, that having considered a communication dated May 14, 1969 from the Department of Law with regard to certain rights-of-way located on Farmington Road between Seven Mile Road and Eight Mile Road and the conveyance of the same by the City of Livonia to the Board of County Road Commissioners of the County of Wayne, Michigan, in connection with the Farmington Road widening program, the 10546 legal description of which is more particularly described as follows: The East 60 feet of Section 4, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the right-of-way of 8 Mile Road. The South 60 feet of the West 240 feet of the East 300 feet of the S. E. 1/4 of Section 4, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. The West 60 feet of that part of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, lying between the north boundary of Westmore Subdivision (L. 48 P. 85) and the south boundary of Folker's Farmington Acres Subdivision (L. 61 P. 90). The West 17 feet of lots 1 to 73, both inclusive, the West 17 feet and the South 17 feet of Lot 74, the South 17 feet of Lot 75, and the South 9.5 feet of Lots 76 and 77 of Westmore Sub- division of part of the W. 1/2 of the S. W. 1/4 of Section 3, T. 1 S. , R. 9 E., Livonia Twp. (now City of Livonia), Wayne County, Michigan, as recorded in Liber 48 of Plats on Page 85, Wayne County Records. The West 27 feet of lots 1 to 10, both inclusive, of Folker's Farmington Acres, being a subdivision of part of the N. W. 1/4 of Section 3, T. 1 S., R. 9 E., Livonia Twp. (now City of Livonia), Wayne County, Michigan, as recorded in Liber 61 of Plats on Page 90, Wayne County Records. The West 60 feet of the South 740 feet of the North 1273.96 feet of the N. W. 1/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. the Council does hereby authorize the dedication of said properties to the aforesaid '.Road Commissioners and does authorize and request the Mayor and City Clerk to execute the necessary quit claim deed (s) in behalf of City and do all other things incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS : None. By Councilman Milligan, seconded by Councilman Kleinert, it was #615-69 RESOLVED, that having considered a communication dated May 6, 1969 from the City Planning Commission with respect to Petition 68-4-1-9 submitted by Nelson Dembs, which petition was previously denied in Council Resolution #237-69, the Council does hereby request that the City 10547 Planning Commission, pursuant to the provisions set forth in Article XXIII of the Zoning Ordinance, Ordinance No. 543, as amended, conduct a Public Hearing on its own motion with respect to the property located on the south side of Seven Mile Road east of Merriman in the N. W. 1/4 of Section 11 to consider the zoning of the same from R-5 to R-2 and there- after submit its recommendation to the City Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Raymond, and unanimously adopted, it was #616-69 RESOLVED, that having considered a communication dated May 8, 1969 from Mr. William N. Ponder, attorney for Mr. Arthur Pollack, with respect to Petition 65-8-1-2, the Council does hereby request that the City Planning Commission delete from the Master Park and School Plan that portion of the property as set forth in the aforesaid petition which is not included in federally designated Park Site M-59. The item on the agenda with respect to the rezoning of property between Middlebelt and Harrison in Section 12 from R-1 to R-7 (Petition 65-8-1-2) was L removed and will be considered at the next regular meeting of the Council to be held on June 18, 1969. The item on the agenda with respect to proposed amendments to Ordinance No. 77, the Retirement Ordinance, was removed and will be considered at the next regular meeting to be held on June 18, 1969. Councilman Kleinert introduced the following Ordinance : AN ORDINANCE AMENDING SECTIONS 13 & t4 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: PETITION 68-7-1-29 FOR CHANGE OF ZONING FROM RUF TO P&C-1 AND FROM RUF & C-1 to P.S. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in Lthe 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. 10548 By Councilman McCann, seconded by Councilman Kleinert, and unanimously adopted, it was #617-69 RESOLVED, that having considered the report submitted by the City Planning Commission entitled "8 Mile - Merriman Zoning Study," pursuant to Council Resolution #1162-68, the Council does hereby request that with respect to the portion of the Boam property located immediately south of the C-2 portion and which property is the subject of the fore- going report, that the City Planning Commission on its own motion conduct a Public Hearing, pursuant to the provisions set forth in Article XXIII of the Zoning Ordinance, for the purpose of considering the rezoning of the same to the P. S. Zoning classification and thereafter submit its recommendation to the Council. By Councilman McCann, seconded by Councilman Kleinert, it was #618-69 WHEREAS, property described as: That part of Section 10, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as the E. 16 acres of the W. 34 acres of the E. 60 acres of the N. W. 1/4 of Section 10, except the W. 82.5 feet of the N. 1320.0 feet thereof; also except the S. 983.70 feet, also except the N. 533 feet thereof. (Taxation Parcel lOUlbl) is included in the Master Plan for Parks for the City of Livonia, and WHEREAS, the United States of America has entered into Contract OSA-58, which provides for financial assistance to the City of Livonia in acquiring the above described real property for park purposes, and WHEREAS, it is hereby determined, upon consideration of two competent independent appraisals that the fair market value of this real property is $13,500.00, NOW, THEREFORE, BE IT RESOLVED, THAT: 1. the City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property at a price of $13,500.00, and 2. the City Council does hereby authorize the expenditure of the sum of $241.30 for the proration of the 1968 City, County, and School taxes applicable to this property, to be prorated as of May 12, 1969; further, the cost of the Title Insurance Policy in the amount of $100.00 shall be deducted from the purchase price for the payment of same to Lawyers Title Insurance Corp., 3. the City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000 Parks and Recreational General Obligation Bond Issue with the provision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreational General Obligation Bond Issue, and 10549 4. the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result , AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #619-69 RESOLVED, that having considered a communication from the Curtis Building Company, dated May 19, 1969, regarding the installation of ornamental pillars and split rail fence at the entrances to the Country Homes Estates Subdivisions #3 and #4 on existing right-of-way as entrance markers, the Council does hereby request that the Department of Law prepare an appropriate agreement in which the City gives authorization to the Curtis Building Company to use the necessary portions of rights- of-way for the above stated purpose; and the Mayor and City Clerk are herein authorized to affix their signatures for and on behalf of the City of Livonia to the aforesaid agreement. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #620-69 RESOLVED, that having considered a communication from the Coventry Gardens Improvement Association, dated May 10, 1969,with regard to a drainage problem on Edington Road north of Five Mile Road, the Council does hereby refer the same to the Director of Public Works for his report and recommendation. By Councilman Milligan, seconded by Councilman Kleinert, it was #621-69 RESOLVED, that having considered a letter from Burton-Share, Inc., dated May 21, 1969, with regard to the Burton-Share West Side Industrial Subdivision, the Council does hereby determine to waive the requirements set forth in Council Resolution #427-69 to the extent necessary so as to permit the proprietors of the said Subdivision to deposit as financial assurance for the installation of improvements in the aforesaid subdivision an Irrevocable Letter of Credit, the duration of which is one year (in lieu of five years); and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll cell vote was taken on the foregoing resolution with the following result AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. 10550 By Councilman Milligan, seconded by Councilman McCann, and unanimously lbw adopted, it was #622-69 RESOLVED, that the question of the duration of Irrevocable Commercial Letter of Credit is hereby referred to the Department of Law and the City Clerk for their recommendation, to be submitted at the next study session of the Council to be held June 18, 1969. The letter from the Honorable Thomas H. Brown, Mayor of the City of Westland, with respect to a method of determining "Market Value" of property, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #623-69 RESOLVED, that having considered a communication from the City Planning Commission, dated May 13, 1969, submitted pursuant to Council Resolution #172-69, with regard to the conversion of the residential area located in the proximity of Hailer, Hartel and Camden Streets, in Section 25 to industrial use, the Council does hereby refer the same to the lie Committee of the Whole for its consideration. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #624-69 RESOLVED, that the Council does hereby request the Engineering Division to submit periodic up-to-date information relative to the status of proposed major road improvements which have been undertaken under the $9,800,000.00 General Obligation Street and Road Improvement Bond Issue to the Council. By Councilman Kleinert, seconded by Councilman McCann, it was #625-69 RESOLVED, that having considered the report and recommendation dated April 9, 1969 from the City Planning Commission, which sets forth its resolution #3-37-69 in regard to Petition 68-12-1-44 submitted by Chris Scourtes for Northwest Starlit Television Service Center, Inc., for a change of zoning of property located on the east side of Middlebelt north of Joy Road, in the S. W. 1/4 of Section 36, from RUF to C-1, and the Council having conducted a public hearing with regard to this matter on May 28, 1969, pursuant to resolution #473-69, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 68-12-1-44 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map the Depart- ment of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. 10551 A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Milligan, seconded by *Councilman McNamara, it was #626-69 RESOLVED, that the Council does hereby request the City Planning Commission to conduct the necessary public hearing and recommend to the City Council zoning changes that would eliminate the technical spot zoning conditions created (on adjoining property) from the zoning change approved with respect to Petition No. 68-12-1-44 in Council Resolution #625-69. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McNamara and Milligan. NAYS: Kleinert and McCann. The Vice-President declared the resolution adopted. *The President of the Council relinquished the Chair to the Vice-President at 9:05 p. m. to support the foregoing resolution, and resumed the Chair at 9.06 p.m. By Councilman Kleinert, seconded by Councilman McCann, and unanimously adopted, it was #627-69 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 Raymond, seconded by Councilman Kleinert, it was #628-69 RESOLVED, that having considered the report and recommendation dated February 28, 1969 from the City Planning Commission which sets forth its resolution #2-21-69, submitted by Trinity Baptist Church for a change of zoning of property located on Middlebelt Road, near Jamison Avenue, in the Northwest 1/4 of Section 24, from RUF to R-7; and the Council having conducted a public hearing with regard to this matter on May 7, 1969, pursuant to resolution #294-69, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 68-11-1-43 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map the Depart- ment of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. 10552 A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Milligan, Kleinert and McNamara. NAYS : McCann. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #629-69 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, July 9, 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 No. 69-2-1-4 submitted by Melvin Sachs for a change of zoning on property located on the north side of Ann Arbor Trail east of Hix Road in the Northeast 1/4 of Section 31, from R-1 to R-7, the City Planning Commission having in its resolution #5-70-69 recommended to the City Council that Petition No. 69-2-1-4 be approved. (b) Petition No. 69-3-1-10 submitted by Michael Berry and Vivian C. Berry for a change of zoning on property located on the north side of Ann Arbor Trail east of Lawrence Drive in the Southeast 1/4 of Section 32, from C-1 to R-7, the City Planning Commission having in its resolution #5-65-69 recommended to the City Council that Petition No. 69-3-1-10 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 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 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. Councilman Kleinert introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 8 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: PETITION 68-10-1-40 FOR CHANGE OF ZONING FROM R-4-B TO C-2. 10553 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinance in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Kleinert, seconded by Councilman Raymond, it was #630-69 RESOLVED, that the Council does hereby amend Council Resolution #589-69 adopted on May 28, 1969, so as to provide that the following insurance requirements be furnished to the City Clerk by the Rosedale Gardens Civic Association with the following minimum amounts : (a) On account of injury to, or death of, any person in any one accident . . . . . . . . $100,000. (b) On account of any one accident resulting in injury to, or death of, more than one person $400,000. (c) On account of damage to property in any one accident $100,000. A duplicate copy of the original of such insurance policy shall be approved as to form by the City Attorney and filed with the City Clerk. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. At 9:19 P. M., a recess was called, after which the meeting resumed with all members present who were present at the original roll call of this meeting. By Councilman Milligan, seconded by Councilman Raymond, it was #631-69 RESOLVED, that having considered the Committee of the Whole Report dated June 9, 1969, with respect to the report of the Livonia Charter Revisions Committee, submitted pursuant to Council Resolution #1040-68, the Council does hereby request the Department of Law to prepare the necessary resolutions to place the following Charter Amendment Proposals on the Ballot at a Special Election to be conducted on Monday, September 29, 1969: (a) Provide a line item veto on the budget for the Mayor. lir (b) Provide that a minimum of seven days be allowed to the Mayor with respect to vetoing actions taken by the City Council; as well as to provide a minimum seven day period upon receipt of a veto for the Council to take action with respect to the same. (c) Removal of the City Assessor from the Board of Review.10554 (d) Increase or adjust the Mayor's salary so as to make the same equal to that salary paid to the highest paid Civil Service employee thirty days prior to the closing date for filing for the Office of the Mayor; such salary not to be changed during the term of office, but, rather, adjusted in accordance with the intent of this provision. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Raymond, seconded by Councilman Milligan, it was RESOLVED, that the Department of Law is hereby requested to prepare an amendment to the City Charter to provide for the payment of City taxes in July rather than the December date so that there will be two tax bills, one for the City and the other for other taxes, further, to provide for a moratorigm on City taxes for the year 1970 from January until July to effectuate this policy, further, making provisions for the City, in the interim, to apply to the Municipal Finance Commission for permission to sell Tax Anticipation Bonds to be paid from the taxes forthcoming in July. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond and Milligan. NAYS: McCann, Kleinert and McNamara. The President declared the resolution denied. *The President relinquished the Chair at 9:55 p. m. to speak on the above motion, and resumed the Chair at 10:00 p. m. By Councilman McCann, seconded by Councilman Kleinert, it was #632-69 WHEREAS, under the provisions of Section 20 of Chapter 4 of the Charter of the City of Livonia, upon certification by the City Clerk that a referendum petition has been signed by registered electors equal in number to 25 per cent of those who voted in the last regular City election, the City Council shall either repeal the ordinance or determine to submit the proposal to the electors; and WHEREAS, on March 18, 1969, the City Clerk did certify to the City Council that a petition for referendum on Ordinance 725 did meet the sufficiency requirements of the City Charter; and 10555 WHEREAS, in Council Resolution #416-69 adopted on April 23, 1969, the City Council did determine that the proposed amendment to the Zoning ordinance which would purport to repeal Ordinance 725 be submitted to the electors of the City at an election to be held for this purpose; now, therefore, be it RESOLVED, that the City Council of the City of Livonia, Michigan, this 11th day of June, 1969, determines that the question of the repeal of Ordinance 725 be placed upon the ballot at the special election to be held in the City of Livonia on the 29th day of September, 1969; and be it further RESOLVED, that funds necessary to defray the cost of the election in matters incidental thereto shall be appropriated, and the same are hereby appropriated; and be it further RESOLVED, that the City Council of the City of Livonia, Michigan, this 11th day of June, 1969: 1. That there be submitted to the qualified electorate of the City of Livonia, State of Michigan, at the special election to be held in said City on the 29th day of September, 1969, the following question. "Shall Ordinance 725 which amends Article III of the Zoning Ordinance of the City of Livonia by adding thereto Section 3.78 which amendment would purport to grant Petition No. 67-12-1-40 submitted by Alice Schmidt so as to change the zoning classifi- cation of certain property located on the south side of Plymouth, west of Alois, in the S. W. 1/4 of Sec- tion 30 from RUF (Rural Urban Farm District) to R-7(Multiple Family Residential District) be repealed? YES ( ) NO ( )" 2. All public officials of the City of Livonia, State of Michigan, within such time as shall be required by law be, and they hereby are, directed to do and perform all acts and things which shall be necessary to be done or performed in order to submit the foregoing proposition to the electorate of the said City at such special election to be held on the 29th day of September, 1969. A roll call vote was taken on the foregoing resolution with the following result. law AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Kleinert, it was 10556 #633-69 WHEREAS, under the provisions of Section 29 of Chapter 4 of the Charter of the City of Livonia, upon certification by the City Clerk that an Ititiatory Petition has been signed by registered electors equal in number to 25 per cent of those who voted at the last general City election, the City Council shall either adopt the ordinance or determine to submit the proposal to the electors; and WHEREAS, on March 20, 1969, the City Clerk did certify to the City Council that an Ititiatory Petition to amend Ordinance 543 did meet the sufficiency requirements of the City Charter; and WHEREAS, in Council Resolution #419-69 adopted on April 23, 1969 the City Council did determine that the proposed amendment to the zoning ordinance as set forth in the said Initiatory Petition relative to the location of multiple family development to be not located within 1,000 feet of any other residentially zoned property be submitted to the electors of this City at an election to be held for this purpose; now, therefore, be it RESOLVED, that the City Council of the City of Livonia, Michigan, this 11th day of June, 1969, determines that the question of the adoption of the proposed amendment to the zoning ordinance be placed upon the ballot at the special election to be held in the City of Livonia on the 29th day of September, 1969; and be it further RESOLVED, that funds necessary to defray the cost of the election in matters incidental hereto shall be appropriated, and the same are hereby appropriated; and be it further RESOLVED, that the City Council of the City of Livonia, Michigan, this 11th day of June, 1969: 1. That there be submitted to the qualified electorate of the City of Livonia, State of Michigan, at the special election to be held in said City on the 29th day of September, 1969, the following question: "Shall Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, be amended by adding thereto in Section 8.04 of Article VIII and in Section 27.07 of Article XXVII language which would provide that the site of a multiple family development shall not be located within 1,000 feet of any other residentially zoned property, as measured from any point on the respective properties? YES ( ) NO ( )" 2. All public officials of the City of Livonia, State of Michi- gan, within such time as shall be required by law be, and they hereby are, directed to and perform all acts and things which shall be necessary to be done or performed in order to submit the foregoing proposition to the electorate of said City at such special election to be held on the 29th day of September, 1969. 10557 A roll call vote was taken on the foregoing resolution with the following result. AYES: *Raymond, McCann, Kleinert and McNamara. NAYS: Milligan. The President declared the resolution adopted. *Councilman Raymond made the following statement: My 'yes' vote is cast in order to meet with the Charter provision to either approve the proposed Ordinance or fix a date for an election, but should not be taken as an endorsement of same. By Councilman McCann, seconded by Councilman Kleinert, and unanimously adopted, it was #634-69 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated April 30, 1969 on all matters required by Sections 3.03 and 4.01 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on June 11, 1969, after due notice as required by Section 3.04 of said ordinance, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.05 of said ordinance: (1) accept and approve said statements in all respects, (2) determine to make the improvement consisting of the installa- tion of ornamental street lighting with underground wiring in the area of Hearthstone Subdivision, Hearthstone Subdivi- sion #2 and Pembrent Subdivision in Section 1, City of Livonia, Wayne County, Michigan, as described in said state- ment; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for the improvement as set forth in said statement dated April 30, 1969; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows : A special assessment district located in Section 1, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as follows : 10558 Lots 1 through 248 both inclusive of Hearthstone Subdivision as recorded in Liber 78, Pages 86, 87 and 88 of Wayne County Records. Also Outlots A ani B also Lots 249 through 267 both inclusive of Hearthstone Subdivision #2 as recorded in Liber 82, Page 20 of Wayne County Records also Lots 1 through 5 both inclusive of Pembrrnt Subdivision as recorded in Liber 85, Page 29 of Wayne County Records also Parcels 1Z53a2c 1Z53alb 1Z53a1a2 & 1Z53alal 53a3b 53a2b a2a2,a3a2 a2al,a3al 54a2, 54a1b 54a1a (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated April 30, 1969; and (8) that upon completion of said rolls, the City Assessor shall attach thereto the certificate required by the provisions of Section 3.07 of Ordinance No. 401, as amended, of the City of Livonia, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Ordinance No. 401, as amended. By Councilman McCann, seconded by Councilmen Raymond, it was #635-69 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 75, more particu- larly described in Council Resolution No. 530-69 adopted on May 14, 1969, as required by the provisions of the City Charter and Ordinance No. 401, as amended, of the City of Livonia, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of ornamental street lighting with underg.ound wiring being installed in Country Homes Estates Subdivision No. 3, Bureau of Taxation Parcels 08R2 and 08P2, located in the S. E. 1/4 of Section 8, and Lots 276 and 277 of Denmar Estates Subdivision, of part of the South 1/2 of Section 8, in said Special Assessment District No. 75. NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that an ornamental street lighting system with under- ground wiring shall be installed, and that the assessments set forth in said Special Assessment District No. 75 Roll are fair and equitable and 10559 based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No. 75 based on the installation of an ornamental street lighting system with underground wiring is hereby approved and confirmed in all respects; pursuant to the provisions of Section 3.10 of Ordinance No. 401, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the Assessment Roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Ordinance No. 401, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. The following preamble and resolution were offered by Councilman Milligan, and supported by Councilman Kleinert: #636-69 WHEREAS, the City Council deems it necessary for the public health and welfare of the City to acquire and construct a low income senior citizens housing project to be known as the Patrick V. McNamara Towers, and WHEREAS, the City Council estimates the City's share of the cost of acquiring and constructing said project to be Two Hundred Eighty Thousand ($280,000) Dollars and the total cost to be One Million Five Hundred Thirty-One Thousand Six Hundred Five ($1,531,605) Dollars, and WHEREAS, it will be necessary to borrow the sum of not to exceed Two Hundred Eighty Thousand ($280,000) Dollars to pay the City's share of the cost thereof, NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council deems it necessary to borrow the sum of not to exceed Two Hundred Eighty Thousand ($280,000.00) Dollars and issue general obligation bonds of the City therefor, for the purpose of paying the City's share of the cost of acquiring and constructing a low- income senior citizens housing project thereto. 2. The City Council determines the period of usefulness of said improvements to be not less than thirty (30) years. 3. At the Special Election to be held in the City of Livonia on September 29, 1969, between the hours of 7:00 o'clock a.m. and 8:00 o'clock p.m. , Eastern Standard Time, there be submitted to vote of the qualified electors of said City the said proposition of borraffing the said sum. 4. The proposition to be submitted at said election sh4T1 be stated on the voting machines and ballots in substantially the fa/aw- ing form: 10560 Senior Citizens Housing Bonding Proposition Shall the City of Livonia, County of Wayne, Michigan, borrow the sum of not to exceed Two Hundred Eighty Thousand ($280,000.00) Dollars and issue general obligation bonds of the City therefor, for the purpose of acquiring and con- structing a low-income senior citizens housing project to be known as the Patrick V. McNamara Towers thereto? 5. The City Clerk will receive registrations of electors qualified to vote at said election, who are not already properly register- ed, until August 29, 1969, on which said day the City Clerk will be at his office from 8:00 o'clock a.m. until 8:00 o'clock p.m., Eastern Standard Time, to receive registrations of electors qualified to vote at said election. 6. The City Clerk shall cause Notice of Registration for said election to be published and postedin manner required by law. 7. The City Clerk shall cause notice of said election to be published and posted in manner required by law . 8. There shall be included in the notice of said election notice of the submission of said special proposition, in substantially the following form: NOTICE OF SPECIAL ELECTION TO THE QUALIFIED ELECTORS OF THE CITY OF LIVONIA: PLEASE TAKE NOTICE THAT at the Special Election to be held in the City of Livonia, County of Wayne, Mich- igan, on the 29th day of September, 1969, from 7.00 o'clock a.m. until 8:00 o'clock p.m., Eastern Standard Time, there will be submitted to vote of the qualified electors of said city, the following special proposition: Senior Citizens Housing Bonding Proposition. Shall the City of Livonia, County of Wayne, Michigan, borrow the sum of not to exceed Two Hundred Eighty Thousand ($280,000.00) Dollars and issue general obligation bonds of the City there- for, for the purpose of acquiring and constructing a low-income senior citizens housing project to be known as the Patrick V. McNamara Towers thereto? The place of voting will be the regular place of voting in each election precinct. Only those qualified electors, who have property in the City assessed for taxes, or the lawful husband or wife of such persons, who are registered electors of the City, are qualified to vote on the above bonding proposition. 10561 This Notice is given by authority of the City Council of the City of Livonia, County of Wayne, Michigan. City Clerk 9. 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: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Raymond, and unanimously adopted, it was #637-69 RESOLVED, that the Council does hereby determine to rescind Council Resolution No. 520-69 adopted on May 14, 1969, with respect to the issuance of Tax Anticipation Notes in the amount of $225,000 for completion of McNamara Towers. The following preamble and resolution were offered by Councilman Kleinert and supported by Councilman Raymond: #638-69 WHEREAS, it is hereby determined that it is necessary to borrow the sum of $225,000.00 in anticipation of the collection of taxes for capital improvement for the next succeeding fiscal year ending November 30, 1970, which taxes are first due and payable on December 1, 1969, for the purpose of obtaining funds for capital improvements, and WHEREAS, Act No. 202 of the Public Acts of 1943, authorizes the borrowing of money in anticipation of the collection of the unpaid tax for such capital improvements as can be legally and properly provided for in the budget for the next succeeding fiscal year, in an amount not to exceed the sum or sums provided in the resolutions to be levied for such improvement or improvements; and WHEREAS, outstanding loans against the next succeeding fiscal year's taxes for capital improvement are none, NOW, THEREFORE, BE IT RESOLVED, that the City of Livonia, borrow for the above purpose the sum of $225,000.00 or such part thereof as the Municipal Finance Commission may authorize, and issue the notes of the City therefor in anticipation of the collection of the taxes for capital improvement for the next succeeding fiscal year ending November 30, 1970, and 10562 BE IT FURTHER RESOLVED, that the City Clerk be and he is hereby authorized to make application to the Municipal Finance Commission for and on behalf of the City for an order permitting the City to borrow $225,000.00 and issue its notes therefor as aforesaid, and BE IT FURTHER RESOLVED, that said issue shall consist of nine (9) notes of the denomination of $25,000.00 each: Provided, However, that the purchaser thereof may designate denominations of a greater or lesser principal amount; and BE IT FURTHER RESOLVED, that said notes bear interest at not to exceed six per cent (6%) per annum, be dated July 1, 1969, and be due and payable April 1, 1970, which is the estimated time of collection of a sufficient amount of taxes for capital improvement for the next succeeding fiscal year to pay the notes in full, and BE IT FURTHER RESOLVED, that said notes shall not be subject to redemption prior to maturity. BE IT FURTHER RESOLVED, irrevocably, that a tax shall be levied in the amount of $248,000.00 in the next succeeding fiscal year for the purpose of capital improvements for which the above loan is to be made and that such loan shall be paid from the receipts of the taxes levied for capital improvement for the said next succeeding fiscal year. BE IT FURTHER RESOLVED, that hereafter from the first collections of the taxes for the next succeeding fiscal year there shall be set aside in a special fund to be used for the payment of principal and interest on said notes, that per cent of such collections which the tax levied for capital outlay bears to the total levy, and until the amount so set aside shall be sufficient for such payment, collections of such taxes to be so set aside shall be used for no other purpose. BE IT FURTHER RESOLVED, that the said notes shall be payable in lawful money of the United States of America at such bank or trust company in the State of Michigan qualified to act as paying agent as shall be designated by the original purchaser. BE IT FURTHER RESOLVED, that the Mayor, City Treasurer and City Clerk of the City of Livonia be and they are hereby authorized and directed to execute said notes for and on behalf of the City and that upon the execution of said notes the same shall be delivered to the Treasurer of the City who is authorized and directed to deliver said notes to the purchaser thereof, upon the receipt of the purchase price therefor. BE IT FURTHER RESOLVED, that the said notes shall be sold at public sale, that sealed proposals for the purchase of $225,000.00 Notes to be issued in anticipation of the receipt of the 1969 Tax, be received up to 7:00 o'clock p.m., Eastern Standard Time, on a date to be hereafter determined, and that notices thereof be published in accordance with law in the Michigan Investor, Detroit, Michigan, a publication printed in the English language and circulated in the State of Michigan, and which carries as part of its regular service, notices of sale of municipal bonds and notes, and in the Livonia-Observer, a newspaper of general circulation in raid City, which notice shall be in substantially the following form. 10563 OFFICIAL NOTICE OF SALE $225,000.00 CITY OF LIVONIA COUNTY OF WAYNE,MICHIGAN NOTES Sealed bids for the purchase of tax anticipation notes of the City of Livonia, Michigan, of the par value of $225,000.00, will be received by the undersigned at the City Hall, 33001 Five Mile Road, Livonia, Michigan, until 7:00 o'clock p.m. , Eastern Standard Time, on the _ day of , , at which time and place they will be publicly opened and read. The notes will be dated July 1, 1969, will mature April 1, 1970, and will bear interest at a rate or rates not exceeding six per cent (6%) per annum. Both principal and interest will be payable at a bank or trust company located in the State of Michigan, qualified to act as paying agent, to be designated by the purchaser. Said issue shall consist of nine (9) notes of $25,000.00 each: Provided, However, that the purchaser may designate denominations in greater or lesser amounts. Accrued interest to date of delivery of such notes must be paid by the purchaser at the time of delivery. Said notes shall not be subject to redemption prior to maturity. For the purpose of awarding the notes the interest cost of each bid will be computed by determining, at the rate or rates specified therein, the total dollar value of all interest on the notes from , to their maturity and deducting therefrom any premium. The notes will be awarded to the bidder whose bid on the above computation produces the lowest interest cost to the City. No proposal for the purchase of less than all of the notes or at a price less than their par value will be considered. The loan is in anticipation of the Capital Improvement Tax due and payable December 1, 1969. Envelopes containing the bids should be plainly marked "Proposal for Notes." A certified or cashier's check in the amount of 2% of the par value of the notes, drawn upon an incorporated bank or trust company and payable to the order of the Treasurer of the City of Livonia must accompany each bid as a guarantee of good faith on the part of the bidder. Checks of unsuccessful bidders will be promptly returned. 10564 Bids shall be conditioned upon the unqualified opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, the cost of which shall be paid by the City. The purchaser shall furnish notes ready for execution at his expense. Notes will be delivered at Detroit, Michigan. The right is reserved to reject any and all bids. Clerk, City of Livonia APPROVED: STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION. BE IT FURTHER RESOLVED, that the City Clerk be and he is hereby authorized and directed to forward the foregoing notice of sale to the Municipal Finance Commission, Lansing, Michigan, 48900, for its approval. BE IT FURTHER RESOLVED, that all resolutions and parts of resolutions insofar as the same may be in conflict herewith are hereby rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #639-69 RESOLVED, that having considered the report of the Committee of the Whole, dated June 9, 1969, submitted pursuant to Council Resolu- tion #1224-67 with respect to the policy of the City relative to water service connections and special hydrant permits for watering boulevards, islandsand cul-de-sacs, the Council does hereby refer this matter to the next study session of the Council to be held June 18, 1969. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #640-69 RESOLVED, that having considered the report of the Committee of the Whole, dated June 9, 1969, submitted pursuant to Council Resolu- tion #958-68 with regard to the communication from the City Planning Commission transmitting a Boulevard Study for Five Mile Road, the Council does hereby request that the Mayor, the Director of Public Works, the City Planning Commission and the City Engineer attend a meeting with the Council to be conducted on June 18, 1969, at 7:00 P.M., for the purpose of considering the ultimate width of Five Mile Road in the Civic Center area, the costs involved, as well as such other ramifications as may pertain to this matter. 10565 The communication from the Department of Law relative to the Tri-Party Agreement between the Michigan State Highway Department, the Wayne County Road Commission and the City of Livonia for the construction of the I-96 Freeway, (CR-1295-67 and CR-994-68), was received and filed for the information of the Council. The communication from the Livonia Planning Commission, dated September 26, 1968, which transmits a document titled "Reconnaissance Study, Livonia, 1985" was received and filed for the information of the Council. The communication from the Department of Law dated March 3, 1969, with respect to the purchase of existing buildings and leasing to City by the Municipal Building Authority (CR-293-69), was received and filed for the information of the Council. By Councilman Kleinert, seconded by Councilman Milligan, and unanimously adopted, it was #641-69 RESOLVED, that having considered the report of the Committee of the Whole, dated June 9, 1969, submitted pursuant to Council Resolution #511-69, with regard to a preliminary proposal for refuse disposal by the U. S. Disposal Corporation, Detroit, Michigan, dated April 11, 1969, the Council does hereby refer the same to the Waste Disposal Committee of the Council for its report and recommendation. By Councilman Milligan, seconded by Councilman Kleinert, it was RESOLVED, that having considered a letter from R & L Investment Co., dated June 6, 1969, with regard to the Richter & Lipton Industrial Subdivision, the Council does hereby determine to waive the requirements set forth in Council Resolution #427-69 to the extent necessary so as to permit the proprietors of the said subdivision to deposit as financial assurance for the installation of improvements in the aforesaid subdivision an Irrevocable Letter of Credit, the duration of which is one year (in lieu of five years); and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution. By Councilman Raymond, seconded by Councilman McCann, it was RESOLVED, that the foregoing resolution be amended so as to provide for the duration of the Irrevocable Letter of Credit to be for two years. 10566 A roll call vote was taken on the amendment with the following result AYES: Raymond, McCann, Kleinert and McNamara. NAYS: Milligan. A roll call vote was taken on the original resolution, as amended, as follows : #642-69 RESOLVED, that having considered a letter from R & L Investment Co., dated June 6, 1969, with regard to the Richter & Lipton Industrial Subdivision, the Council does hereby determine to waive the requirements set forth in Council Resolution #427-69 to the extent necessary so as to permit the proprietors of the said subdivision to deposit as financial assurance for the installation of improvements in the aforesaid subdivision an Irrevocable Letter of Credit, the duration of which is two years (in lieu of five years), and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution. with the following result: AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS' None. The President declared the resolution, as amended, adopted. By Councilman Kleinert, seconded by Councilman Raymond, it was #643-69 RESOLVED, that having considered a petition received by the City Assessor, dated May 28, 1969 from Dale Investment Co., Inc., 15500 Telegraph Road, Detroit, Michigan 48239, 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 Lots #15 and #16 of Livonia Industrial Park Subdivision No. 1 of part of the Southwest 1/4 of Section 27, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of the division of the same, the legal descriptions of which shall read as follows : Parcel 1 Lot 15 and the N. 10' of Lot 16, Livonia Industrial Park Subdivision No. 1, of part of the S. W. 1/4 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and Parcel 2 Lot 16, except the North 10' thereof, Livonia Industrial Park Subdivision No. 1, of part of the S. W. 1/4 of Section 27, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, 10567 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 Register of Deeds for Wayne County. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Milligan, it was 4644-69 RESOLVED, that having considered a communication from the City Engineer, dated June 11, 1969, approved by the Director of Public Works and approved for submission by the Mayor, as well as a communication from the Mayor dated June 11, 1969, the Council does hereby accept the unit price bid of Ministrelli Construction Co., Inc., 12240 Merriman Road, Livonia, Michigan, for installing concrete pavement on Stark Road from Schoolcraft to Lyndon and on Lyndon to Farmington Road in the City of Livonia, for the estimated cost of $163,727.40, based on the Engineering Division's estimate of units of work involved and subject to Final Payment based upon the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work; and the Council does hereby authorize an advance in an amount not to exceed $163,727.40 from the $9,800,000.00 General Obligation Street and Road Bond Issue, such amount to be reimbursed from the proceeds of a special assessment district which may be authorized for this purpose; and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as completed, and the Mayor and City Clerk are hereby authorized to execute a contract (Contract II) for and on behalf of theCity of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: None. At 10:45 P. M., g recess was called by the President of the Council, the meeting to reconvene on Monday, June 16, 1969 at 8:00 P. M. The recessed 652nd regular meeting was called to order at approximately 8:14 P. M., June 16, 1969, at which time all members of the Council were present who were named as present at the original roll call of this meeting, with the exception of Councilman Kleinert. In addition, Councilman Ventura and Councilman Nash were present. 10568 By Councilman Milligan, seconded by Councilman Raymond, it was L #645-69 RESOLVED, that having considered the veto by the Mayor, dated June 11, 1969 of resolution #587-69 adopted by the Council on May 28, 1969, the Council does hereby readopt said resolution #587-69 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: Raymond, McCann, Nash, Milligan, Ventura and McNamara. NAYS: None. The President declared the resolution adopted, and the Mayor's veto overruled. By Councilman Ventura, seconded by Councilman Milligan, it was #646-69 RESOLVED, that the Department of Law is hereby requested to prepare an 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 limited to a period of sixty days and in the absence of action by the Planning Commission such site plan shall be deemed to be reviewed and approved. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, Nash, Milligan, Ventura and McNamara. NAYS: None. Councilman Kleinert arrived at 8.21 P. M. By Councilman Milligan, seconded by Councilman Kleinert, and unanimously adopted, this recessed 652nd regular meeting of the Council was duly adjourned at 8:23 P. M., June 16, 1969. ----.."---e-c-,e--0—x.) ipilk _, ADDISON W. BAC.N, 'ity C erk.