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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-08-20 10725 MINUTES OF THE SIX HUNDRED FIFTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 20, 1969, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:06 P. M.. Councilman Nash delivered the invocation. Roll was called with the following result: Present--Edward H. McNamara, Robert E. McCann, Robert E. Nash, Edward G. Milligan and *Jerry Raymond. Absent--Rudolf R. Kleinert and Peter A. Ventura. 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; Don Hull, City Planner; John T. Dufour, Superintendent of Parks and Recreation, James Miller, Personnel Director; Henry Sieferd, City Assessor; Stanley Bien, Chief Librarian, Gary Clark, Engineering Department, Captain Turner, Police Department, Captain Schaffer, Fire Department; Raymond Danaher, Budget Analyst; Thomas J. Griffiths, Jr., Chief Accountant; Robert Bennett, Zoning Board of Appeals; Kenneth M. McDonald, Water and Sewer Board; and Joel LaBo of the Planning Commission. By Councilman McCann, seconded by Councilman Nash, and unanimously adopted, it was #886-69 RESOLVED, that the minutes of the 657th regular meeting of the Council of the City of Livonia, held August 6, 1969, are hereby approved. *Councilman Raymond arrived at 8:08 P. M. By Councilman McCann, seconded by Councilman Nash, it was RESOLVED, that having considered a communication from the Mayor, datedAugust 19, 1969, with regard to a request from the Livonia Histori- cal Commission relative to ther.zing of barns located at Quaker Acres, L 34004 W. Seven Mile Road, Livonia, Michigan, the Council does hereby authorize the Historical Commission to raze the said barns and to furnish to the Livonia Historical Society the lumber that results from the same. 10726 By Councilman Milligan, seconded by Councilman Raymond, it was #887-69 RESOLVED, that having considered a communication from the Mayor, dated August 19, 1969, with regard to a request from the Livonia Histori- cal Commission relative to the razing of barns located at Quaker Acres, 34004 W. Seven Mile Road, Livonia, Michigan, the Council does hereby refer this matter to the Capital Improvement Committee. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Nash, Milligan and McNamara. NAYS: McCann. The President declared the resolution adopted. The communication from the Mayor, dated August 20, 1969, relative to the renegotiations with the State Highway Department on the I-96 - I-275 contracts, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Nash, it was #888-69 RESOLVED, that having considered a letter dated August 6, 1969 from the City Clerk, the Council does hereby approve and authorize the purchase of nine (9) Shoup Voting Machines at a price of $2,005.00 each from the Shoup Voting Machine Corporation, Bala-Cynwyd, Pennsylvania, said purchase to be financed from the proceeds of Certificates of Indebtedness evidencing the total price in the sum of $18,045.00, plus prepaid freight of $188.19 for a total sum of $18,233.19; and further, the Council has determined to dispense with obtaining competitive bids therefor in this instance for the following reasons : 1. That all voting machine equipment presently owned and employed by the City are Shoup Voting Machines 2. In the interest of uniformity throughout all voting precincts within the City of Livonia it is both practical and desirable to standardize this particular equipment to avoid confusion in the training of election inspectors and in the operation of the machines by the voters. 3. The said equipment is a Fair Trade item with the purchase price constant and available only from a single source and bidding with respect to same would serve no useful purpose. and further, the Mayor, City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution, and in particular, the City Clerk is also authorized to contact the firm of Miller, Canfield, Paddock, and Stone, Detroit, Michigan, the City's bond counsel, to assist in the preparation, issuance, and delivery of said Certificates of Indebtedness. 10727 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. The communication from Lemberg & Gage, Attorneys and Counselors, dated August 12, 1969, with respect to the agreement between the City of Livonia and Livonia Police Officers Association, was received and filed for the information of the Council. The communication from the City Clerk, dated August 13, 1969, transmitting General Fund Financial Statement for the period ending July 31, 1969, was received and filed for the information of the Council. The communication from the City Engineer, dated August 14, 1969, with respect to the status of proposed major road improvements, was received and filed for the information of the Council. Councilman Milligan took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 428 OF THE CITY OF LIVONIA, ENTITLED "AN ORDINANCE TO DESIGNATE THE SEVERAL PARCELS OF LAND OWNED BY THE CITY OF LIVONIA AND USED FOR PARK, PLAYGROUND AND RECREATIONAL PURPOSES BY ESTABLISHING NAMES THEREFOR," BY AMENDING THERETO SECTION 1(0). A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. The communication from the Southeast Michigan Council of Governments, dated July 2, 1969, transmitting copies of their Bylaws and other pertinent material, was received and filed for the information of the Council. 10728 By Councilman McCann, seconded by Councilman Nash, it was #889-69 WHEREAS, property described as: The N. 1/2 of the S.E. 1/4 of the N. W. 1/4 of the S.E. 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the E. 25 feet thereof; also except that part of the S.E. 1/4 of Section 11, described as beginning at a point distant W. along the S. line of said section 1981.80 feet and N. 0° 17' W. 1977.50 feet and E. 458.25 feet from the S.E. corner of Section 11 and proceeding thence E. 201.75 feet; thence S. 0° 06' 43" E. 190.0 feet; thence W. 200.44 feet; thence N. 0° 17' W. 190.0 feet to the point of beginning. AND the S. 1/2 of the S. E. 1/4 of the N. W. 1/4 of the S. E. 1/4, Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the E. 25 feet thereof; also except the N. 100 feet of the S. 200 feet of the W. 192.80 feet of the E. 217.80 feet thereof. AND That part of the S. E. 1/4 of Section 11 described as beginning at a point distant S. 89° W. along the E. and W. 1/4 Section line, 1977.56 feet and S. 1° 00' 32" E., 401 feet from the E. 1/4 corner of Section 11 and proceeding thence S. 10 00' 32" E. , 254.50 feet; thence N. 89° 23' E., 165.49 feet; thence N. 1° 001 32" W., 267.01 feet; thence along the center line of Tarabusi Drain S. 87° 29' 48" w., 45.11 feet and S. 62° 09' 48" W., 32.45 feet and S. 81° 09' 48" w., 49.90 feet and N. 76° 00' 12" W., 43.48 feet to the point of beginning. (9.30 acres) Taxation Parcels 11MM1b1, 11MM2al, and 11II2a2 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 $33,000.00, NOW, THEREFORE, BE IT RESOLVED,THAT: 1. the City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property at a price of $33,000.00; and 2. the City Council does hereby authorize the expenditure of the sum of $274.80 for the proration of the 1968 City, County and School taxes applicable to this property, prorated as of June 23, 1969, and does further authorize the expenditure of the sum of $180.00 to cover the cost of the title insurance policy on the subject property, and 10729 3. the City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the provisions that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreational General Obligation Bond Issue; and 4. the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Nash, it was WHEREAS, property described as That part of the N. W. 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant N. 89° 52' 50" W. along the E. and W. 1/4 section line 579.40 feet, thence N. 0° 05' 50" W. 556.69 feet from the center 1/4 corner of Section 11; and proceeding thence N. 0° 05' 50" W. 285.0 feet; thence S. 89° 59' 55" W. along the S. line of Pickford Avenue 125 feet; thence S. 0° 05' 50" E. 285.0 feet; thence N. 89° 59' 55" E. 125 feet to the point of beginning. (0.82 acres), is included in the Master Plan for Parks for the City of Livonia, and WHEREAS, the United States of America has entered into Contract OSA58 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 $16,000.00, NOW, THEREFORE, BE IT RESOLVED,THAT: 1. the City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property at a price of $16,000.00, in accordance with the terms of the Right to Purchase agreement; 2. the City Council does hereby authorize the sum of $117.30 for the proration of the 1968 City, County, and School taxes at the time of closing, prorated from the date of the agreement, and does further authorize the expenditure of the sum of $110.00 to cover cost of title work on the subject property; 3. the City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the 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 10730 4. the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. By Councilman Nash, seconded by Councilman Raymond, it was #890-69 RESOLVED, that having considered a communication from the Department of Law, dated July 2, 1969 with respect to the proposed purchase of Park Site K-50 in Section 11 (Bureau of Taxation Parcel 11H11a2), the Council does hereby refer the same to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Nash and Milligan. NAYS: McCann and McNamara. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman McCann, it was #891-69 WHEREAS, property described as: That part of Section 8, T. 1 S., R. 9 E., described as the South 1122 feet of the West 1/2 of the West 1/2 of the East 1/2 of the N. E. 1/4 of Section 8, except the north 658 feet of the East 140 feet thereof. (South 1122 feet of Parcel 8B2b - 8.5 acres) 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 $40,000.00, NOW, THEREFORE, BE IT RESOLVED, THAT: 1. the City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property at a price of $40,000.00; and 2. the City Council does hereby authorize the expenditure of the sum of $498.11 for the proration of the 1968 City, County and School taxes applicable to this property, prorated as of July 2, 1969; and 3. the City Council does hereby authorize the advance of the afore- said sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the provisions that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreational General Obligation Bond Issue; and 10731 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, Nash, Milligan and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #892-69 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 78, for the installation of paving and drainage on Stark Road from Plymouth Road to Schoolcraft in Section 28 of the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Ordinance No. 401, as amended, of the City of Livonia, a public hearing thereafter having been held thereon on July 16, 1969 at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 78, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated May 21, 1969 and as subsequently revised on August 1, 1969, and further revised on August 20, 1969, in the amount of $530,000.00 are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolu- tions of the City Council; (2) Said Special Assessment Roll No. 78 is hereby approved and confirmed in all respects; (3) The amount of said Roll shall be divided into ten (10) equal annual installments with interest at the rate of six per cent (6%) per annum on the unpaid balance of the assessment commencing from 60 days after December 1, 1969. In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduc- ed so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1970 and subsequent installments on December 1st of succeed- ing years, (4) Pursuant to the provisions of Section 3.10 of Ordinance No. 401, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 6.03 and mail assessment statements to the respective 10732 property owners assessed in the manner and substance as provided by said Section 6.03. Any property owner assessed may, within sixty (60) days from December 1, 1969, pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1970 City tax roll in the manner required by Section 6.05 of Ordinance No. 401, as amended, together with interest upon all unpaid installments from 60 days after December 1, 1969, and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (60) day period as provided by Section 6.04, or after the expiration of the sixty (60) day period as provided by Section 6.07, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; (6) The City Council having determined to pay the City's cost for the installation of said paving and drainage within the said district, the sum of $379,551.75 is hereby authorized to be expended from the $9,800,000.00 Street and Road General Obligation Bond Issue to cover the City's cost of said installation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash and McNamara. NAYS: *Milligan. The President declared the resolution adopted. *Councilman Milligan made the following statement: My 'no' vote is indicated that this procedure is at best improper and illegal in that those who benefit by the law are not necessarily those that are assessed. By Councilman McCann, seconded by Councilman Nash, it was #893-69 RESOLVED, that a public hearing having been held on July 9, 1969 with respect to the proposed assessment roll in connection with a special assessment district to be established for the purpose of installing ornamental street lighting with underground wiring in Livonia Meadows Subdivision and Thomas F. O'Connor's Parview Acres Subdivision in the S. E. 1/4 of Section 12, the Council does hereby determine that an Advisory Election is necessary within the proposed district in order for the Council to make a proper decision and before proceeding with further Special Assessment hearings in connection with this matter; therefore, the Council does hereby authorize the holding of an Advisory Election by the property owners of the proposed Livonia Meadows Subdivision and Thomas F. O'Connor's Parkview Acres Subdivision Street Lighting Assessment District and George Irwin, Jr. , 17539 Pershing and Carole S. Stevens, 17303 Dolores, are hereby appointed to serve as co-chairmen to the Advisory Election Committee and are requested to proceed with such Advisory Election in accordance with the Rules of Procedure adopted by the 10733 Council on October 17, 1960, for the conducting of Advisory Elections; and the City Clerk is hereby requested to transmit to the aforementioned parties sufficient copies of the said rules of procedure, and the Engineering Division of the Department of Public Works is hereby requested to provide the election committee with all data and material reasonably necessary to inform the property owners within such district of the contemplated improvement and its cost. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash and McNamara. NAYS: Raymond and Milligan. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Raymond, it was #894-69 RESOLVED, that having considered the report and recommendation dated May 29, 1969 from the City Planning Commission, which sets forth its resolution #5-67-69 in regard to Petition 68-4-1-15 submitted by Donald C. Deremo, attorney for Dr. Otonas Vaitas, for a change of zoning on property located on the north side of Orangelawn, west of Farmington Road in the N. E. 1/4 of Section 33, from RUF to PS, and the Council having conducted a public hearing with regard to this matter on July 16, 1969, pursuant to Council Resolution #667-69, and having considered certain petitions submitted by homeowners on Orangelawn with respect to this matter, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 68-4-1-15 is hereby denied, for the following reasons: 1. that the objection of the abutting property owners and neighbors as indicated at the Public Hearing are well founded and have a basis in fact. 2. possible detrimental effect on the traffic pattern in area. 3. that the extension of P. S. zoning in this residential area would have a detrimental effect on the residential property in this area. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was #895-69 RESOLVED, that having considered the report and recommendation dated May 29, 1969 from the City Planning Commission, which sets forth its resolution #5-68-69 in regard to Petition 69-2-1-3 submitted by David Perry, attorney for Douglas E. and Rosaline D. Winfield, for a change of 10734 zoning on property located on the north side of Plymouth Road between Farmington and Hubbard Roads in Section 27 from C-2 to M-1, and the Council having conducted a public hearing with regard to this matter on July 16, 1969 pursuant to Council Resolution #667-69, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 69-2-1-3 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 theDepartment of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was 896-69 RESOLVED, that having considered the report and recommendation dated May 27, 1969 from the City Planning Commission, which sets forth its resolution #5-70-69 in regard to Petition 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 Section 31, from R-1 to R-7, and the Council having conducted a public hearing with regard to this matter on July 9, 1969, pursuant to Council Resolution #629-69, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 69-2-1-4 is hereby approved and granted based upon the representation made in a letter dated August 12, 1969 submitted by the Petitioner; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law, and upon receipt of such map the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #897-69 RESOLVED, that having considered the report and recommendation dated May 9, 1969 from the City Planning Commission, which sets forth its resolution #4-49-69 in regard to Petition 69-2-6-7 submitted by the City Planning Commission on its own motion to amend Section 18.47 of Ordinance #543, the Zoning Ordinance, to clarify the Planning Commission control of the area and proposed buildings in the Civic Center vicinity, and the Council having conducted a public hearing with regard to this matter on July 9, 1969 pursuant to Council Resolution #586-69, the Council does hereby refer this matter to the next Study Session of the Council to be held on September 3, 1969. 10735 By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #898-69 RESOLVED, that having considered the report and recommendation dated May 8, 1969 from the City Planning Commission, which sets forth its resolution #4-47-69 in regard to Petition 69-2-6-4 submitted by the City Planning Commission on its own motion to amend Section 22.02 of Ordinance #543, the Zoning Ordinance, to clarify the difference between a zoning compliance permit and a building permit, and the Council having conducted a public hearing with regard to this matter on July 9, 1969 pursuant to Council Resolution #586-69, the Council does hereby refer this matter to the next Study Session of the Council to be held on September 3, 1969; further, the Council requests that the Building Inspector and the Planning Commission be present at such meeting. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #899-69 RESOLVED, that having considered the report and recommendation dated May 9, 1969 from the City Planning Commission, which sets forth its resolution #4-48-69 in regard to Petition 69-2-6-5 submitted by the City Planning Commission on its own motion to amend Section 22.09 of Ordinance #543, the Zoning Ordinance, to simplify the procedure for obtaining a temporary certificate of occupancy, and the Council having conducted a public hearing with regard to this matter on July 9, 1969 pursuant to Council Resolution #586-69, the Council does hereby refer this matter to the next Study Session of the Council to be held on September 3, 1969; further, the Council requests that the Building Inspector and the Planning Commission be present at such meeting. By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #900-69 RESOLVED, that having considered a communication from the City Planning Commission dated June 27, 1969, submitted pursuant to Council Resolution #599-69 with regard to the zoning category considered to be most applicable to lands located adjacent to Bainbridge Avenue between Five Mile Road and Lyndon Avenue, the Council does hereby refer this matter back to the City Planning Commission for the purpose of conducting a public hearing on its motion, pursuant to the provisions set forth in Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance, to rezone the subject property from RUF to R-3, and thereafter submit a report and recommendation to the Council. By Councilman Nash, seconded by Councilman Raymond, it was #901-69 RESOLVED, that having considered a communication from the Industri- al Development Commission, dated June 30, 1969, approved by the Mayor, which transmits its resolution #182-6069, the Council does hereby authorize the transfer of $338.00 from Account 170-06 (Automobile Allowance/ Commission) to Account 170-6A (Automobile Allowance/Coordinator) in order to provide sufficient funds in the latter account for the balance of this fiscal year. 10736 A roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, McCann, Nash, Milligan and McNamara. NAYS : None. By Councilman McCann, seconded by Councilman Raymond, it was #902-69 RESOLVED, that having considered a communication from the Personnel Director, dated June 4, 1969, approved for submission by the Mayor, which transmits a resolution adopted by the Board of Trustees of the Livonia Employees Retirement System, wherein it is requested that an additional appropriation in the amount of $125.00 be made for the purpose of covering an increase in the fee for actuarial services from $450.00 to $575.00 for services rendered during the fiscal year 1968-1969 by the firm of Gabriel, Roeder, Smith & Company, the Council does hereby concur in and approve of the same; further, the sum of $125.00 is hereby transferred from the Reserve for Contingencies Account to Account 161-2 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #903-69 RESOLVED, that having considered a communication from the Personnel Director, dated July 1, 1969, which transmits a resolution adopted by the Civil Service Commission on June 10, 1969, wherein it is recommended that one position of Clerk Typist II in the office of the Treasurer be reclassified to Teller II, 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, Nash, Milligan and McNamara. NAYS: None. By Councilman Raymond, seconded by Councilman Nash, it was #904-69 RESOLVED, that having considered a communication from the Personnel Director, dated June 27, 1969, approved by the Budget Director and the Mayor, which transmits a resolution adopted by the Civil Service Commission on May 13, 1969, wherein it is recommended that one position of Assistant City Attorney II in the office of the City Attorney be reclassified to Assistant City Attorney III, effective on and commencing from December 1, 1969, the Council does hereby determine to concur in and approve of such action. 10737 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #905-69 RESOLVED, that having considered communications dated June 10, 1969 and July 1, 1969 from the Personnel Director, which transmits resolu- tions adopted by the Civil Service Commission on May 27, 1969 and on June 24, 1969, wherein the Civil Service Commission did recommend to the City Council as follows: 1. Retitle the position of Executive Secretary to Executive Assistant to the Mayor at a flat rate of $9,750.00 per year retroactive to and effective beginning December 1, 1968, with the same benefits as extended to other full-time appointees, namely, life insurance, Blue Cross-Blue Shield and retirement; 2. Retitle the position of Council Secretary to Executive Assistant to the Council at a flat rate of $9,750.00 per year retroactive to and effective beginning December 1, 1968, with the same benefits as extended to other full-time appointees, namely, life insurance, Blue Cross-Blue Shield and retirement; provided further that this position be an appointive position and that the annual rate represents full compensation for all services with no overtime to be paid; 3. Establish the rate of $9,750.00 per year retroactive to and effective beginning December 1, 1968, for the position of Deputy City Clerk, with the same benefits as extended to other full-time appointees, namely, life insurance, Blue Cross-Blue Shield and retirement; the Council does hereby concur in and approve of such action; further, the Council does hereby determine that commencing on and from September 1, 1969 the Executive Assistant to the Mayor and the Executive Assistant to the Council shall receive the fixed amount of $50.00 per month, in lieu of mileage which is otherwise provided for; and further, the sum of $3,329.00 is hereby transferred from the Reserve for Contingencies Account to the following accounts in the following amounts for these purposes : Account Number Appropriation 102-1 Legislative $ 918.00 102-1B Legislative 67.00 102-6 Legislative 150.00 107-1 Mayor's office 952.00 107-1B Mayor's office 70.00 107-6 Mayor's office 150.00 129-1 City Clerk's office 952.00 129-1B City Clerk's office 70.00 Total $ 3329.00 and the City Clerk and City Treasurer are hereby authorized to do all things necessary to fulfill the purpose of this resolution. 10738 By Councilman Milligan, seconded by Councilman Nash, it was RESOLVED, that the foregoing motion be tabled to the next Study Session of the Council to be held September 3, 1969; further, the City Attorney is hereby requested to render his opinion as to the Official who would appoint the Council Secretary. A roll call vote was taken on the tabling motion with the following result: AYES: Nash and Milligan. NAYS: Raymond, McCann and McNamara. The President declared the tabling motion denied. A roll call vote was taken on the original resolution with the following result: AYES: Raymond, McCann, Nash and McNamara. NAYS: Milligan. The President declared the resolution adopted. At 9:16 P. M., a recess was called, after which the meeting resumed with all members present who were named as present at the original roll call of this Lmeeting with the exception of Councilman Raymond. By Councilman McCann, seconded by Councilman Nash, it was #906-69 RESOLVED, that having considered a request dated June 27, 1969 from Roy C. & Marilou Caswell, by their attorney Robert P. Tremp, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Council does hereby determine to deny the request for dividing Lot 292 of Supervisor's Livonia Plat #4, since the same would create two parcels which would be in violation of the City's Zoning Ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan and McNamara. NAYS: None. *Councilman Raymond returned at 9:30 P. M. By Councilman McCann, seconded by Councilman Nash, it was #907-69 RESOLVED, that having considered a communication from the Director of Public Safety, dated June 30, 1969, approved for submission by the Mayor and the Budget Director, the Council does hereby authorize the transfer of $500.00 from the Patrol Bureau Salary Account 184-1 to the Department of Public Safety Account for Radio Maintenance 173-24 for the purpose of converting frequency channels in Mobile Radios and preventative maintenance expense for the Radio Tower and Communications Console. 10739 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #908-69 RESOLVED, that having considered a letter dated June 9, 1969 from the Mayor relative to the appointment of Mr. H. Dow Tunis, Jr., 29843 Lori, Livonia, Michigan, to the City Planning Commission for a term expiring June 9, 1972, the Council does hereby approve of and concur in the appointment of Mr. Tunis, provided that he takes the oath of office required in Section3, Chapter X of the City Charter, administered by the City Clerk. By Councilman Nash, seconded by Councilman McCann, it was #909-69 RESOLVED, that the Council does hereby determine to amend and revise Council Resolution #710-69 so as to read as follows : WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 76 for the proposed completion of the pavement on the west side of Henry Ruff Road immediately north of Lyndon Avenue (northwest corner) in Section 23, City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Ordinance No. 401, as amended, of the City of Livonia, a public hearing thereafter having been held thereon on Wednesday, June 11, 1969, at 7:00 p. m. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 76, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED,THAT: 1. The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated April 29, 1969, as revised by a communication dated August 19, 1969 from the City Engineer, in the amount of $8,800.00 are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; 2. Said Special Assessment Roll No. 76 is hereby approved and confirmed in all respects; 10740 3. The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1969. In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1970 and subsequent installments on December 1st of succeeding years, 4. Pursuant to the provisions of Section 3.10 of Ordinance No. 401, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 6.03 and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 6.03. Any property owner assessed may, within sixty (60) days from December 1, 1969 pay the whole or any part of the assessment without interest or penalty; 5. The first installment shall be spread upon the 1970 City tax roll in the manner required by Section 6.05 of Ordinance No. 401, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1969 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid install- ments; provided, however, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (60) day period as provided by Section 6.04, or after the expiration of the sixty (60) day period as provided by Section 6.07 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; 6. The City Council having determined to pay the entire cost of the City's share within the said district, the sum of $5,050.00 is hereby authorized to be expended from the $9,800,000.00 General Obligation Street Improvement Bond Issue to cover the City's cost of said project; and the Council does hereby authorize the payment of the sum of $2300.00 to the owners of that property which is required for acquisition to provide the necessary right-of-way for this project; and the Engineering Division and the Department of Law are hereby requested to obtain the necessary conveyance in this regard; 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, Nash and McNamara. NAYS: Milligan. The President declared the resolution adopted. 10741 Councilman Nash gave first reading to 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 PROVISIONS, ADOPTING TECHNICAL WORKS, AND REPEALING CERTAIN ORDINANCES EXCEPT AS HEREIN EXPRESSLY SAVED FROM REPEAL, AND PROVIDING FOR THE ErrECTIVE DATE OF SAID CODE. 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 Milligan, seconded by Councilman Raymond, it was #910-69 WHEREAS, the Municipal Building Authority of the City of Livonia has entered into an Agreement to purchase the property belonging to the St. Paul Evangelical Lutheran Church located at 15218 Farmington Road, and more particularly described in an Agreement dated September 18, 1968, said Agreement to Purchase, however, being conditioned on the sale of bonds which have been approved in the amount of $345,000.00 by the Michigan Municipal Finance Commission for the acquisition of said facility by the Municipal Building Authority; and WHEREAS, the Livonia City Council does deem the acquisition of said property to be in the best interests of the City of Livonia; NOW, THEREFORE, BE IT RESOLVED, that if the Municipal Building Authority for the City of Livonia shall be unable to complete the purchase of the subject property on or about September 1, 1970, because of in- ability to sell bonds or otherwise, then in such event the City of Livonia does hereby agree to complete the purchase of the subject property from the St. Paul Evangelical Lutheran Church for the sum of Two Hundred Ninety-Nine Thousand, Nine Hundred Dollars ($299,900.00), and that the Livonia City Council does hereby authorize that the sum of Two Hundred Ninety-Nine Thousand, Nine Hundred Dollars ($299,900.00) of the 4.4 Million Dollar General Obligation Parks and Recreational Bond Issue be earmarked for the purpose of advancing the necessary funds to complete the purchase of said property on or about September 1, 1970; provided, however, that if and when the funds from the sale of bonds do become available, said funds shall be used to reimburse to the aforesaid 4.4 Million Dollar General Obligation Parks and Recreational Bond Issue the moneys so advanced from that fund; and the City Clerk and City Treasurer are instructed 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, Nash, Milligan and McNamara. NAYS: None. 10742 By Councilman McCann, seconded by Councilman Nash, it was #911-69 RESOLVED, that having considered a communication from the Parks & Recreation Commission, dated July 16, 1969, approved by the Budget Director and approved for submission by the Mayor, with respect to the establishment of a fee schedule for the City's two municipal swimming pools which are anticipated to open in early August, the Council does hereby approve of the following fee structure: $.25 for children and $.50 for adults at all general swimming sessions and $5.00 for ten lessons for swimming instructions; further, the Council concurs in the recommendation that the use of the said swimming pools should be restricted to Livonia residents and their guests; and the Council does further request that the Superintendent of Parks & Recreation, the City Clerk and City Treasurer do all things necessary to implement the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Nash, it was #912-69 RESOLVED, that having considered a communication from the Parks & Recreation Commission, dated July 16, 1969, approved for submission by the Mayor, with regard to the action taken in Council Resolution #1284-68 with respect to the bid of the Livonia Jaycees for hostingthe Michigan Jaycees State Golf Outing to be held at Whispering Willows on September 14, 1969, the Council does hereby determine to amend Council Resolution #1284-68 so as to waive the fee of $1.00 per round of golf established therein, for the reasons indicated in the aforesaid communica- tion; and the Parks & Recreation Commission and the Superintendent of Parks & Recreation 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: Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Nash, and unanimously adopted, it was #913-69 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. 10743 The following resolution was unanimously offered, supported and adopted: #914-69 RESOLVED, that having considered a request from certain residents on Houghton Street between Lyndon Street and Mason Street, dated August 7, 1969, the Council does hereby grant permission to the said residents to conduct a block party on Houghton Street at the said location on Saturday, August 30, 1969 between the hours of 5:00 P. M. to 11:00 P. M., subject to the approval of the Director of Public Safety; further, the Director of Public Safety is requested to do all things necessary to provide lighted barricades in connection with this function. By Councilman Milligan, seconded by Councilman Raymond, it was #915-69 BE IT RESOLVED, that the City of Livonia enter into an Agreement with the Board of County Road Commissioners of the County of Wayne, Michigan, and The Chesapeake and Ohio Railway Company relative to the improvement of Farmington Road by constructing a Grade Separation thereon between Plymouth Road and Schoolcraft Road, in the City of Livonia, Wayne County, Michigan; a copy of said Agreement is attached hereto and made a part hereof; BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and the same are hereby authorized to execute the foregoing Agreement for and on behalf of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS : None. Councilman Milligan gave first reading to 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: PETITION 69-3-1-10 FOR CHANGE OF ZONING FROM C-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. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was 10744 #916-69 RESOLVED, that the Mayor and the City Clerk are hereby requested to issue a License permitting encroachment upon the easement referred to in a communication from Jesse J. Halstead, 19612 Osmus, dated August 12, 1969, so as to permit the construction of a garage in the manner indicated in Mr. Halstead's communication; and the Department of Law is hereby requested to prepare the necessary document in this regard. By Councilman Raymond, seconded by Councilman Milligan, it was #917-69 RESOLVED, that having considered the report and recommendation of the Budget Director, dated August 11, 1969, approved for submission by the Mayor, regarding the purchase of fuel oil in conjunction with the Livonia School Board, the Council does hereby accept the following bids with respect to the following items in the following amounts : Sinclair Refining Company Tank Wagon #1 $.1270/Gal. Net 30 Days Sinclair Refining Company Tank Wagon #2 $.1170/Gal. Net 30 Days Sinclair Refining Company Tank Truck #2 $.1080/Gal. 1% 10 Days Allied Oil Company Tank Truck #5 $.0797/Gal. Net 10th Prox. the same having been in fact the lowest bids received with respect to these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #918-69 RESOLVED, that having considered the report and recommendation of the Budget Director, Superintendent of Operations and Director of Public Safety, dated August 11, 1969, regarding the purchase of gasoline in conjunction with the Livonia School Board, the Council does hereby accept the bid of Gulf Oil Corporation, 40550 Grand River, Novi, Michigan, under Proposal "B" for Regular grade gasoline at 11.98¢ and Premium grade gasoline at 13.98¢, delivered in Truck Transport quantities for the period from September 1, 1969 through August 31, 1970, the same having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #919-69 RESOLVED, that having considered a communication from the City Engineer, dated July 28, 1969, approved by the Director of Public Works and approved for submission by the Mayor, with regard to an easement required in connection with Livonia Drain #2,and the conveyance of the same by the City of Livonia to the Livonia Drain 4,2 Drainage Board, the legal descriptions of which are more particularly described as follows : 10745 A. Temporary Grant of Easement The West 40 feet of the East 70 feet of that part of the N. W. 1/4 of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the E. and W. 1/4 section line distant S. 89° 31' 28" E, 1319.93 feet from the W. 1/4 corner of Sec. 24 and proceeding thence N. 0° 00' 45" E, 466.66 feet; thence S. 89° 47' 25" E, 655.22 feet; thence S. 0° 04' E, 469.70 feet, thence N. 89° 31' 28" W. along the E. and W. 1/4 section line, 655.89 feet to the point of beginning, except the south 43 feet thereof. B. Permanent Grant of Easement The East 30 feet of that part of the N. W. 1/4 of Section 24, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the E. and W. 1/4 Section line distant S. 89° 31' 28" E, 1319.93 feet from the W. 1 corner of Sec. 24 and proceeding thence N. 0° 00' 45" E, 66.66 feet; thence S. 89° 47' 25" E, 655.22 ft; thence S. 0° 04' E, 469.70 feet; thence N. 89° 31' 28" W. along the E. and W. 1/4 section line, 655.89 feet to the point of beginning, except the south 43 feet thereof. (Bureau of Taxation Parcel 24Ylala) the Council does hereby authorize the conveyance of said properties to the aforesaid Drainage Board and does authorize and request the Mayor and City Clerk to execute the necessary Grants of Easement on behalf of the City and to 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, Nash, Milligan and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #920-69 RESOLVED, that having considered a communication dated August 15, 1969 from the City Planning Commission, which transmits its resolution #8-115-69 adopted by the Commission on August 12, 1969, with regard to Petition 69-7-2-17, submitted by Telford and Doolen, Inc., requesting permission to use existing building on property located on the south side of Capitol Avenue between Farmington and Mayfield in the Southwest 1/4 of Section 27, as a waiver use, for the purpose of selling and servicing road construction equipment, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 69-7-2-17 is hereby approved and granted, such action to be based upon the conditions as are set forth in the aforesaid recommendation of the Planning Commission. By Councilman Milligan, seconded by Councilman Nash, it was 10746 #921-69 WHEREAS, the City of Livonia, is in urgent need to have Newburgh Road paved and improved from its intersection with Plymouth Road to its intersection with the Eight Mile Road in Sections 5, 6, 7, 8, 17, 18, 19, 20, and 30, in the City of Livonia, Wayne County, Michigan, and WHEREAS, this Council finds that it is necessary to widen and alter Newburgh Road in this area in order to facilitate a traffic pattern and help alleviate traffic confusion as a matter of public safety, public convenience, and for the general public welfare; and WHEREAS, the Council further finds that the acquisition of certain rights-of-way as further described hereinafter is an indispensable portion of the said necessary program of altering and widening of Newburgh Road, and WHEREAS, the City Engineer has recommended that Newburgh Road be widened and altered so as to provide up to a sixty (60) foot wide concrete pavement and a one hundred twenty (120) foot right-of-way, similar to presently existing roads which are located throughout the City, and has presented plans to and which have been approved by this Council, and NOW, THEREFORE, BE IT RESOLVED, that this Council for the City of Livonia, Wayne County, Michigan, hereby declares that the acquisition of certain rights-of-way as hereinafter described is necessary as an essential portion of the widening and altering of Newburgh Road which is necessary as a public improvement for the use and benefit of the public, for the purposes of its incorporation, for a public purpose within the scope of its powers, and that a good faith written offer to purchase said parcels of land has been made, and the said Council does hereby declare that it determines it necessary to take the fee to private property upon just compensation to be paid therefore for such improvement to it, the said property necessary for the acquisition of the needed rights-of-way and the just compensation for same are as follows : Parcel 1 The east 27 feet of the S. 125 feet of Lot 511 measured along the E. lot line, Supervisor's Livonia Plat No. 9 of part of the S. E. 1/4 of Section 30, T. 1 S., R. 9 E. Interested Party: Mrs. Helen Ambrose 37690 Plymouth Road Livonia, Michigan Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. Estimated Just Compensation - $3,300.00 ***** Parcel 2 The east 27 feet of Lot 511 except the S. 125 feet thereof; also except the N. 269.13 feet thereof, Supervisor's Livonia Plat No. 9 of part of the S. E. 1/4 of Section 30, T. 1 S.,R. 9 E. AND 10747 Parcel 3 The East 27 feet of the N. 269.13 feet of Lot 511, Supervisor's Livonia Plat No. 9 of part of the S. E. 1/+ of Section 30, T. 1 S., R. 9 E. Interested Party: Riverside Pk. C-G 51644 11801 Newburgh Road Livonia, Michigan Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. Estimated Just Compensation - $2,000.00 ***** Parcel 12 That part of the N. W. 1/4 of Section 29, T. 1 S., R. 9 E., described as beginning at a point on the S'ly. line of the C & 0 R.R. right-of-way distant north, 864.50' and S 75° 47' 33" E., 61.89' from the W. 1/4 corner of Section 29 and proceeding thence due south, 438.17' , thence N. 4° 47' 51" E. 430.56' ; thence N 75° 47' 35" W., 37.15' to the point of beginning. Interested Party: A. W. Miller, Inc. 2531 Conner Avenue Detroit, Michigan 48215 Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. Estimated Just Compensation - $3,200.00 ***** Parcel 12a That part of the N. E. 1/4 of Section 30, T. 1 S., R. 9 E., described as beginning at a point distant N. 89° 29' 37" W., 60 feet and N. 3° 17' 07" W., 340.25 feet from the E. 1/4 corner of said Section 30 and proceeding thence N. 3° 17' 07" W., 225.00 feet; thence N 89° 29' 37" W, 40.00 feet; thence S 3° 17' 07" E., 225.00 feet, thence S 89° 29' 37" E., 40 feet to the point of beginning. Interested Party: Price Brothers Company 12651 Newburgh Road Livonia, Michigan Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. Estimated Just Compensation - $4,000.00 ***** 10748 Parcel 14 That part of the N.W. 1/4 of Section 29, T. 1 S., R. 9 E., described as beginning at a point on the W. line of said section distant S. 0° 16' 03" W., 1,350.77 feet from the N. W. corner of Section 29 and proceeding thence S. 0° 16' 03" W. along said W. line, 320.0 feet to the N'ly. line of the Pere Marquette RR. right-of-way; thence S 75° 34' 35" E. along said N'ly. line 98.97 feet; thence N. 4° 23' 57" W., 344.53; 'thence N 89° 28' 10" W. , 68.02 feet to the point of beginning. Subject to the rights of the public in the existing Newburgh Road right-of-way. Interested Party: Mitille Corporation 2371 Radnor Drive Birmingham, Michigan Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. (estimated just compensation $6,700.00) Parcel 16 That part of the N. W. 1/4 of Section 29, T. 1 S. , R. 9 E., described as beginning at a point on the W. line of said section distant S 0° 16' 03" W., 1,245.72 feet from the N. W. corner of Section 29 and proceeding thence S. 0° 16' 03" W. along said W. line 105.00 feet; thence S 89° 28' 10" E, 128.00 feet; thence N. 0° 16' 03" E., 105.00 feet; thence N 89° 28' 10" W., 128.00 feet to the point of beginning, subject to the rights of the public in the existing Newburgh Road right-of-way. Interested Party: American Vitrified Products 24480 Lakeland Blvd. Cleveland, Ohio 44132 Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. (Estimated Just Compensation - $4,300.00) Parcel 25 The east 60 feet of the S. 200 feet of the E. 200 feet of the S. E. 1/4 of Section 18, T. 1 S., R. 9 E., subject to the rights of the public in the Newburgh Road right-of-way. Interested Party: Speedway Co. Tax Dept. 15911 Wyoming Detroit, Michigan 48238 10749 Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. (Estimated Just Compensation - $2,800.00) Parcel 36 The west 60 feet of that part of the S. W. 1/4 of Section 8, T. 1 S., R. 9 E. , described as beginning at a point on the W. section line distant due north 60 feet from the S. W. corner of Section 8 and proceeding thence due north along said W. line, 150 feet; thence S 89° 58' E., 210 feet; thence due south 150 feet; thence N. 89° 58' W., 210 feet to the point of beginning, subject to the rights of the public, in the existing Newburgh Road right-of-way. Interested Party: Shell Oil Company 55 Public Square Cleveland, Ohio Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. Estimated Just Compensation - $3,800.00 **4x-x* Parcel 37 The west 60 feet of the north 150 feet of the south 360 feet of the west 210 feet of the S. W. 1/4 of Section 8, T. 1 S., R. 9 E., subject to the rights of the public in the existing Newburgh Road right-of-way. Interested Party: Detroit Edison Company 2000 Second Avenue Detroit, Michigan Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. Estimated Just Compensation - $3,300.00 **** Parcel 40 The east 60 feet of the north 675 feet of the E. 1/2 of the N. E. 1/4 of Section 7, T. 1 S., R. 9 E. , subject to the rights of the public in the existing Newburgh Road and Seven Mile Road right-of-way. Interested Party- Northville Golf Club 19025 Newburgh Road Livonia, Michigan 10750 Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. Estimated Just Compensation - $3,200.00 ***** Parcel 41 The west 60 feet of the north 820 feet, and the east 25 feet of the west 85 feet of the north 75 feet of the W. 1/2 of the N. W. 1/4 of Section 8, T. 1 S., R. 9 E., subject to the rights of the public in the existing Newburgh Road and Seven Mile Road right-of-way. Interested Party: Northville Golf Club 19025 Newburgh Road Livonia, Michigan Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. Estimated Just Compensation $2,500.00 ***** Parcel 50 The west 33 feet, and the east 27 feet of the west 60 feet of the north 51 feet of that part of the S.W. 1/4 of Section 5, T. 1 S., R. 9 E., described as beginning at a point on the W. line of said section distant north 1092.75 feet from the S. W. corner of Section 5 and proceeding thence east, 262.45 feet; thence north, 186.0 feet; thence west, 262.45 feet; thence south 186.0 feet to the point of beginning, subject to the rights of the public in the existing Newburgh Road right- of-way. Parcel 54 The west 60 feet of that part of the S. W. 1/4 of Section 5, T. 1 S., R. 9 E., described as beginning at a point on the west line of Section 5 and proceeding thence due north 1278.75 feet from the S.W. corner of said section; thence due east 262.45 feet; thence due north 50 feet, thence due west 262.45 feet; thence due south along the west section line 50 feet to the point of beginning, subject to the rights of the public in the existing Newburgh Road right-of-way. Interested Party: Homer Lute 19380 Newburgh Road Livonia, Michigan Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. (Estimated Just Compensation - $600.00) *-x*** 10751 Parcel 51 The east 60 feet of the north 108.33 feet of the south 1,455.0 feet of the east 360.0 feet of the east 100 acres of the S. E. 1/4 of Section 6, T. 1 S., R. 9 E., except the west 108' thereof, subject to the rights of the public in the existing Newburgh Road right-of-way. Interested Party: Melvin P. Robinson 37474 Northland Livonia, Michigan Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. (Estimated Just Compensation - $350.00) ***** Parcel 52 The east 60 feet of the north 100 feet of the south 1,555 feet of the east 228 feet of the S. E. 1/4 of Section 6, T. 1 S., R. 9 E., subject to the rights of the public in the existing Newburgh Road right-of-way. Interested Party: Robert C. Young 23471 Glencroft Farmington, Michigan Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. Estimated Just Compensation - $300.00 ***** Parcel 53 The east 60 feet of the north 100 feet of the south 1,655 feet of the east 228 feet of the S. E. 1/4 of Section 6, T. 1 S., R. 9 E., subject to the rights of the public in the existing Newburgh Road right-of-way. Interested Party: Robert C. Young 23471 Glencroft Farmington, Michigan Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. Estimated Just Compensation - $300.00 ***** 10752 Parcel 55 The west 60 feet of the north 100 feet of that part of the S. W. 1/4 of Section 5, T. 1 S. , R. 9 E., described as beginning at a point on the S. Section line distant S. 89°14'20" E. 466.69 feet from the S. W. corner of Section 5 and proceeding thence N. 0°00'14" W., 466.69 feet, thence N. 89°14'20" W., 161.66 feet; thence N. 0°00'14" W. , 463.74 feet; thence S. 89°59'46" W., 42.55 feet; thence N. 0° 00'14" W., 402.39 feet, thence S. 89°59'46" W., 262.45 feet; thence N. 0°00'14" W. along the W. section line, 100 feet; thence N. 89° 59' 46" E, 506.10 feet; thence S. 0° 15' 03" W, 265.06 feet; thence S 89° 13' 45" E, 738.21 feet; thence S. 0° 24' 38" W. along the W. line of Fitzgerald Gardens Subdivision, L. 68 of Plats, P. 95, 1170.22 feet thence N 89° 14' 20" W along the S. section line 768.02 feet to the roint of beginning, subject to the rights of the public in the existing Newburgh Road right-of-way. Interested Party: EF-EM Investors, Inc. 23705 Plymouth Road Detroit, Michigan Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. (Estimated Just Compensation - $300.00) ***** Parcel 63 The east 60 feet of the N. E. 1/4 of Section 6, T. 1 S., RI 9 E., City of Livonia, Wayne County, Michigan, except the west 807 feet thereof, also except the north 60 feet thereof, subject to the rights of the public in the existing Newburgh Road right-of-way. Interested Party: Jean Boyd Hill c/o Manufacturers National Bank 151 W. Fort Street Detroit, Michigan Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. (Estimated Just Compensation - $5,600.00) XXXX34 Parcel 64 That part of the N. W. 1/4 of Section 5, T. 1 S., R. 9 E., described as beginning at the point on the W. section line distant S. 0°00' 50" E., 60 feet from the N. W. corner of Section 5 and proceeding thence S 0° 00' 50" E. along said W. line 226.94 feet, thence S. 58° 52' 20" E. , 129.49 feet; thence N 5° 25' 20" E, 295.79 feet to the S. line of Eight Mile Road; thence S 89°45'30" W. along said line 120.59 feet to the point of beginning subject to the rights 10753 of the public in existing Newburgh Road right-of- way. Interested Party: M. J. Franjac 37355 Eight Mile Road Livonia, Michigan Subject to delinquent taxes in accordance with Act 270 of 1931 and the proration of taxes in accordance with the provisions of Act 288 of 1966. (Estimated Just Compensation - $7,000.00) ***** BE IT FURTHER RESOLVED, that the Department of Law of the City of Livonia be and is hereby authorized and directed to institute and conduct the necessary proceedings on behalf of the City of Livonia in the Circuit Court of the County of Wayne, State of Michigan, (that being the County where private property sought to be taken is located), to carry out the objects of this resolution, and to acquire by condemnation for the City of Livonia the private property hereinbefore described for the purpose of acquiring a right-of-way one hundred twenty feet (120' ) in width in order to alter and widen Newburgh Road from Plymouth Road to Eight Mile Road as a necessary and authorized public improvement, and that said proceeding be brought in accordance with the provisions of Public Act 295 of 1966, as amended (M.S.A. 8.261(1) et seq. ); BE IT FURTHER RESOLVED, that the Council does hereby authorize the expenditure of the sum not to exceed $53,550.00 and the sum of $900.00 for the proration of taxes in connection with these items from the $9.8 Million Street and Road General Obligation Bond Issue as compensation to be paid to the subject property owners in connection with this project, and the City Clerk and City Treasurer are hereby requested to do all things necessary to fulfill the full purpose of this resolution; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to affix their signatures to a Declaration of Taking which would carry out the provisions of this Resolution and Statement of Necessity. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS : None. By Councilman Nash, seconded by Councilman McCann, it was 0922-69 RESOLVED, that having considered a communication from the Parks & Recreation Commission, dated August 18, 1969, approved by the Budget Director and approved for submission by the Mayor, with respect to the establishment of a Municipal Swimming Pool Budget for the Botsford and Clement Circle Swimming Pools for the period August 23, 1969 through September 30, 1969, the Council does hereby determine to establish and approve the said Budget, as follows: 10754 No. of hours of operation: 12 days @ 12 hrs. per day = 144 hrs. 25 days @ 4 hrs. per day = 100 hrs. 244 hrs. per pool Personnel: 2 Pool Managers - 244 hrs. x 2.75 per hr. = $1,342.00 4 Lifeguards - 244 hrs. x 1.60 per hr. = 1,561.60 6 bathhouse attendants - 244 hrs. x 1.25 hr= 1,830.00 $4,733.60 Supplies: Toilet paper, soap, first aid equipment disinfectant, brushes, megaphones 200.00 Chemicals: Sodium Hypochlorite, perchloran, algae control materials, etc. 500.00 Electricity 500.00 Water 600.00 Gas 700.00 $2,500.00 TOTAL $7,233.60 Anticipated Revenues: Children - 100 per session - 250 sessions @ .25 = $6,250.00 Adults - 50 per session - 100 sessions @ .50 = 2,500.00 TOTAL $8,750.00 Anticipated Revenues $ 8,750.00 Anticipated Expenses 7,233.60 NET PROFIT $ 1,516.40 A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #923-69 WHEREAS, the Michigan State Highway Commission, the Board of County Road Commissioners and the City of Livonia desire to enter into an agreement relative to the construction by the County of a right turn lane for westbound to northbound Highway M-14 (Plymouth Road) to Farmington Road traffic within the corporate limits of the City; 10755 BE IT RESOLVED, that the City of Livonia enter into an agreement with the Board of County Road Commissioners of the County of Wayne and the Michigan State Highway Commission relative to the construction of the said right turn lane for westbound to northbound Highway M-14 (Plymouth Road) to Farmington Road, a copy of said agreement being attached hereto and made a part hereof; BE IT FURTHER RESOLVED, that the Mayor and City Clerk be, and the same are hereby authorized to execute the foregoing agreement for and on behalf of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Raymond, seconded by Councilman Milligan, and unanimously adopted, it was #924-69 RESOLVED, that the Council does hereby request the City Engineer to render a report on the feasibility and desirability for providing a Right Hand turn lane off Farmington Road onto Five Mile Road, going West, and a Right Hand turn off of Five Mile Road going North onto Farmington Road. By Councilman McCann, seconded by Councilman Raymond, it was #925-69 RESOLVED, that having considered a communication from the City Assessor, dated July 23, 1969, which transmits a request from Juanita Hillas, 32954 Rayburn, Livonia, Michigan, dated February 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 Lots 62 and 85, Brightmoor Home Acres Subdivision in the S.W. 1/4 of Section 15, 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 - The westerly 69.0 ft. of Lot 62, Brightmoor Home Acres, being a subdivision of part of the S. W. 1/4 of Section 15, T. 1 S., R. 9 E. , Livonia Township, Wayne County, Michigan. Rec'd L. 51, P. 1 Plats, W. C. R. (now City of Livonia) Parcel #2 - The west 69.0 ft. of the east 71.0 ft. of Lot 62, Brightmoor Home Acres, being a subdivision of part of the S. W. 1/4 of Section 15, T. 1 S., R. 9 E. , Livonia Township, Wayne County, Michigan. Rec'd L. 51, P. 1 Plats, W. C. R. (now City of Livonia) Parcel #3 - Lot 85, except the easterly 69.0 ft. thereof and the east 2.0 ft. of Lot 62, Brightmoor Home Acres, being a subdivision of part of the S. W. 1/4 of Section 15, T. 1 S., R. 9 E., Livonia Township, Wayne County, Michigan. Rec'd L. 51, P. 1 Plats, W. C. R. (now City of Livonia) 10756 Parcel #4 - The east 69.0 ft. of Lot 85, Brightmoor Home Acres being a subdivision of part of the S. W. 1/4 of Section 15, T. 1 S., R. 9 E., Livonia Township, Wayne County, Michigan. Rec'd L. 51, P. 1 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: Raymond, McCann, Nash and McNamara. NAYS: Milligan. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Nash, it was RESOLVED, that the Department of Law is hereby requested to prepare an appropriate ordinance, the purpose of which would be to regulate the number of racing dates available to and to be used at the Detroit Race Course, such ordinance to be drafted in terms of exercising the City's police power in view of the cost of providing City services that are required in connection with the operation of the Race Course. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #926-69 RESOLVED, that the matter of preparing an appropriate ordinance, the purpose of which would be to regulate the number of racing dates available to and to be used at the Detroit Race Course, such ordinance to be drafted in terms of exercising the City's police power in view of the cost of providing City services that are required in connection with the operation of the Race Course, is hereby referred to a meeting of the Committee of the Whole; further, representatives of the Detroit Race Course and State Representative Marvin Stempien are invited to attend said meeting. By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #927-69 RESOLVED, that the Council does hereby amend Council Resolution #860-69, adopted on August 6, 1969, to modify and delete therefrom paragraph #1, which reads as follows: Petition No. 69-4-1-15 submitted by Melvin H. Sachs for a change of zoning on the north side of Vassar, east of Middlebelt in Section 1, from RUF to PS, the City Planning Commission having in its resolution #5-74-69 recommended to the City Council that Petition #69-4-1-15 be approved. The balance of said resolution to remain in full force and effect. 10757 By Councilman Raymond, seconded by Councilman Milligan, it was #928-69 RESOLVED, that having considered a communication from the City Planning Commission dated August 13, 1969, submitting its resolution #8-120-69, wherein it is recommended that the Final Plat of Gold Manor Subdivision No. 3 located in the Northeast 1/4 of Section 8 be approved, the Preliminary Plat of the said proposed Gold Manor Subdivision No. 3 having previously received the tentative approval of the City Planning Commission on March 19, 1968, in its resolution #3-28-68, and approved by the City Council on November 27, 1968 in Council Resolution #1325-68, and the City Engineer having indicated that the conditions upon which the Preliminary 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 Gold Manor Subdivision No. 3 located in the Northeast 1/4 of Section 8, City of Livonia, Wayne County, Michigan, as submitted by Gold Construction Company, as proprietors, the proprietors 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Nash, and unanimously adopted, it was #929-69 RESOLVED, that the City Engineer is hereby requested to submit his report relative to the status of the construction of the out-fall storm sewer for the Borman Food Stores, Inc. site plan, located on the south side of Eight Mile Road and Grand River, in Section 1, which storm sewer extension was to be installed for the purpose of holding the runoff of portions of Gilman, Floral, Deering and St. Francis Avenues where the same lie north of Long Avenue. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, this 658th regular meeting of the Council of the City of Livonia, was duly adjourned at 10:45 P. M., August 20, 1969. 1 ADDISON W. BA :' '• lerk.