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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-04-30 10430 LMINUTES OF THE SIX HUNDRED FORTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 30, 1969, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the Vice-President of the Council at approximately 8:20 P. M. . Councilman Nash delivered the invocation. Roll was called with the following result: Present--Robert E. McCann, Peter A. Ventura, Jerry Raymond, Robert F. Nash and*Rudolf R. Kleinert. Absent--Edward H. McNamara and Edward G. Milligan. Elected and appointed officials present. Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Robert A. Shaw, Director of Public Works; David L. Jones, Water and Sewer Commissioner; William J. Strasser, City Engineer; John T. Dufour, Superintendent of Parks and Recreation; Donald Nicholson, Director of Public LSafety; Marie Talbot, Court Clerk; John Nagy, Assistant City Planner; Ed Siemert, Assistant City Engineer; Dan Andrew, Industrial Coordinator; Victor C. Phillips, Budget Director; Thomas J. Griffiths, Jr. , Chief Accountant; Charles Cook, Secretary- Director, Housing Commission, Robert Bennett, Zoning Board of Appeals; William LaPine, Zoning Board of Appeals, and John Stymelski, Traffic Commission. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #453-69 RESOLVED, that the minutes of the 646th regular meeting of the Council of the City of Livonia, held April 23, 1969, are hereby approved. *Councilman Kleinert arrived at 8:24 P. M. The veto message datedApril 30, 1969 was received from the Mayor, on Council Resolution #418-69 adopted on April 23, 1969 relative to obtaining a court ruling on the constitutionality of the proposed amendment to the Zoning Ordinance submitted by Initiatory Petition relative to the location of multiple family develop- I., , ment not to be within 1,000 feet of any residentially zoned property. No action was taken by the Council, therefore the veto of the Mayor was sustained. 10431 The letter from the Mayor, dated April 30, 1969, relative to the Schostak Development at Seven Mile Road and Farmington Road, was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Ventura, it was #454-69 RESOLVED, that the communication received April 30, 1969 relative to the salary of the Executive Secretary, is hereby referred to the Study Session immediately following this Regular Meeting. A roll call vote was taken on the foregoing resolution with the following result• AYES: Kleinert, Ventura, Raymond and McCann. NAYS : Nash. The Vice-President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Raymond, it was #455-69 RESOLVED, that having considered a communication from the City Engineer dated April 30, 1969, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the widening of Merriman Road on the westerly side from Plymouth Road to the C & 0 Railroad crossing (pursuant to an agreement entered into on March 13, 1969 between the Board of Wayne County Road Commissioners of Wayne County, Michigan and the City of Livonia), the Council takes this means to indicate to the Wayne County Road Commission that it would concur in and approve of the awarding of the contract for this project to the low bidder in the amount of $77,023.00; further, the sum of $6,809.20 is hereby appropriated from the $9,800,000.00 General Obligation Street and Road Bond Issue, 1969, for this purpose, and further, the City Clerk and the City Treasurer are hereby authorized to do all things necessary to fulfill the purpose of this resolution. By Councilman Ventura, seconded by Councilman Nash, it was RESOLVED, that the foregoing resolution is hereby tabled until such time as a conference can be arranged with Allied Supermarkets, Inc. and the Wayne County Road Commission. A roll call vote was taken on the tabling resolution with the following result AYES: Nash and Ventura. NAYS: Kleinert, Raymond and McCann. The Vice-President declared the resolution denied. 10432 A roll call vote was taken on the original resolution with the following result• AYES: Nash, Kleinert, Raymond and McCann. NAYS: Ventura. The President declared the resolution adopted. The communication from the City Clerk, dated April 29, 1969, transmitting a complete Financial Statement for the first quarter of the 1968-69 Fiscal Year, was received and filed for the information of the Council. The communication from the Director of the UAW Department of Recreation and Leisure-Time Activities, with respect to the $100 Million Dollar Recreation Bond Issue, was received and filed for the information of the Council. The communication from the Livonia Housing Commission, dated April 8, 1969, with respect to the "Progress and Status of Additional Public Housing for Senior Citizens" was received and filed for the information of the Council. The communication from the Traffic Commission dated April 4, 1969 with respect to the proposed extension of Hathaway Avenue from Stark to Wayne Road, CR#-303-69, was received and filed for the information of the Council. The communication from the Traffic Commission dated April 4, 1969, relative to a proposed Traffic Signal at Franklin High School, CR#301-69, as received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Kleinert, it was #456-69 RESOLVED, that the Council takes this means to advise the Board of Wayne County Road Commissioners that it reiterates the request made in Council Resolution #2?5-69 for the installation of a traffic control signal device at the intersection of Merriman Road and Lyndon Avenue in the City of Livonia; further, the Council takes this means to indicate that it has initiated action for the improvement of the northerly half of Lyndon Avenue east of Merriman Road. A roll cal]. vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. 10433 The communication from the Traffic Commission, dated April 4, 1969, relative to the traffic in Woodcreek Farms Subdivision, submitted pursuant to Council Resolution #974-67, was received and filed for the information of the Council. The communication from the Traffic Commission dated April 4, 1969, submit- ted pursuant to Council Resolution #892-67, was received and filed for the informa- tion of the Council. By Councilman Ventura, seconded by Councilman Raymond, it was #457-69 RESOLVED, that having considered the communication from the Traffic Commission dated April 4, 1969 with respect to a request for a reduction in the speed limit on Merriman Road, the Council does hereby request that the Traffic Commission meet with the Committee of the Whole at such time as the President of the Council sets up such a meeting. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond and McCann. NAYS: Nash and Kleinert. The Vice-President declared the resolution adopted. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopt- ed, it was #458-69 RESOLVED, that the document titled "Land Use Inventory, City of Livonia" transmitted by the Planning Director under date of March 27, 1969, is hereby referred to a Committee of the Whole meeting, such meeting to include the Planning Commission, at a time set by the President of the Council, so as to give the Planning Director and Planning Commission an opportunity to interpret this document and give them the opportunity to express their views concerning the same. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #459-69 RESOLVED, that the communication from the Planning Commission, dated April 16, 1969, relative to the property at the southeast corner of Wayne Road and Ann Arbor Trail, transmitted in response to Council Resolution No. 87-69, is hereby referred to a Committee of the Whole meeting with the Planning Commission, such meeting to be set by the President of the Council. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was 10434 #46O-69 RESOLVED, that the communication from the Planning Commission, dated April 16, 1969, relative to the development of the Monaco property, transmitted in response to Council Resolution No. 1317-68, is hereby referred to a Committee of the Whole meeting with the Planning Commission, such meeting to be set up by the President of the Council. By Councilman Ventura, seconded by Councilman Nash, it was #461-69 RESOLVED, that having considered the report and recommendation of the Director of Public Safety, dated April 7, 1969, approved for submission by the Mayor and the Budget Director, the Council does hereby accept the bid of Motorola Communications and Electronics, Incorporated, 16180 Wyoming Avenue, Detroit, Michigan, for supplying the City with one Portable Transmitter (for use by the Intelligence Bureau) for the price of $393.50, the same having been in fact the lowest and only bid received for this item; further, the Council does hereby authorize the expenditure of the sum of $393.50 for the purchase of the subject Portable Transmitter, there being sufficient monies in the Capital Outlay Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #462-69 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director, dated April 18, 1969, approved for submission by the Mayor, the Council does hereby accept the bid of Ace Hardware, 33567 w. Seven Mile Road, Livonia, Michigan, for supplying tools and supplies for the Operations Division for a period of one year (from effective date of resolution) for the following items, at the indicated group discount rates• PERCENTAGE BELOW PRODUCT RETAIL PRICE Screwdrivers 35% Steel and Wood Tapes 35% Wheelbarrows 35% Adjustable Wrenches 48% Stillson Pipe Wrenches 35% Axes 35% Ball Peen Hammers 25% Wrecking Bars & Sledges 45% & 35% Sledge Hammer Handles 40% Manure Hooks, Rakes, Shovels, 45% (if order totals Sod Lifter min. of 400#) 35% (less than 4004) Grass Whips 35% the same having been in fact the lowest and only bid received with respect to this item. 10435 LA roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #463-69 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director, dated April 18, 1969, approved for submission by the Mayor, the Council does hereby accept the bid of Wm. F. Sell & Son, Inc. , 16555 Telegraph Road, Taylor, Michigan, 48180, for supplying the Parks Section of the Operations Division with one new Ford, Model 21123-C, Low Center of Gravity Tractor, at a net price of $2,916.65, less $636.65 trade-in of a 1953 Ford Tractor, Model 640, DPW Veh. #263, for a total price of $2,280.00, the same having been in fact the lowest bid received with respect to this item. A roll call vote was taken on the foregoing resolution with the following result' AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #464-69 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director, dated April 15, 1969, approved for submission by the Mayor, the Council does hereby accept the following bids for supplying the Operations Division with Liquid Calcium Chloride for the period from June 1, 1969 through May 31, 1970: 1. The bid of Michigan Chemical Corporation, 500 N. Bankson Street, Saint Louis, Michigan 4888o, for 38% solution spread on City streets by the supplier's vehicle, at .0680 per gallon. 2. The bid of Wyandotte Chemicals Corporation, 1609 Biddle Avenue, Wyandotte, Michigan 48192, for 38% solution delivered to our storage tank, at .054220 per gallon. 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: Nash, Kleinert, Ventura, Raymond and McCann. NAYS : None. 10436 By Councilman Nash, seconded by Councilman Kleinert, it was #4(5-69 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director, dated April 15, 1969, approved for submission by the Mayor, the Council does hereby accept the following bids with respect to the purchase of Concrete Pipe: 1. The bid of Price Brothers Company, 2001 E. Ten Mile Road, Warren, Michigan 48089, for 600 lineal feet of 6" dia. Perforated Vitrified Clay Pipe in 3 ft. lengths at 56¢ per foot for a total oost of $336.00. 2. The bid of Superior Products Company, 21819 W. Nine Mile Road, Detroit, Michigan 48219, for 800 lineal feet of 12" dia. C-76 Concrete Pipe, Seconds, in 6 ft. lengths, T & G at 73¢ per foot for a total cost of $584.00. 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: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was #4E6.69 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director, dated April 15, 1969, approved for submission by the Mayor, the Council does hereby accept the bid of Conco, Inc., 1115 N. Main Street, Racine, Wisconsin 53402, for cleaning and resealing joint and cracks on approximately 21,900 lineal feet of certain designated streets in the City of Livonia for the Unit Price of .2080 per lineal foot and for approximately 5,500 pounds of Joint Sealing Compound at the Unit Price of .1050 per pound, the same having been in fact the lowest bid received with respect to this item. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #467-69 WHEREAS, property described as: That part of the S. E. 1/4 of Section 14, T. 1 S. , R. 9 E. City of Livonia, Wayne County, Michigan, described as the W. 360.0 feet of the N. 1/2 of the S. 1/2 of the N. E. 1/4 of the S. E. 1/4 of Section 14. (Taxation Parcel 14V1) is included in the Master Plan for Parks for the City of Livonia; and 10437 WHEREAS, the United States of America has entered into Contract OSA-58 which provides for financial assistance to the City of Livonia in acquiring the above described real property for park purposes, and WHEREAS, it is hereby determined, upon consideration of two com- petent independent appraisals that the fair market value of this real property is $15,000.00, 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 $15,000.00; and 2. the City Council does hereby authorize the expenditure of the sum of $240.66 for the proration of the 1968 City, County, and School taxes applicable to this property, to be prorated as of April 1, 1969; further, the cost of the Title Insurance Policy in the amount of $105 shall be deducted from the purchase price for the payment of same to Lawyers Title Insurance Corp., and 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 L. 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: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that Item 19 and Item 20 on the agenda relative to the purchase of Park Site 0-69 in Section 14 and Park Site J-39 in Section 10 be referred to the next study session; further, henceforth, it will be the policy of this Council that all action on the purchase of Park lands shall be placed on a study session before they are placed on a Regular Meeting agenda. Councilman Raymond requested a Division of the Question: By Councilman Nash, seconded by Councilman Ventura, it was RESOLVED, that the Council does hereby determine to table action referring Items 19 and 20 until such time as a full Council is present. 10438 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond and Ventura. NAYS: Nash, Kleinert and McCann. The Vice-President declared the resolution to table, denied. A roll call vote was taken on the second part of the question, as follows #463-69 RESOLVED, that henceforth it will be the policy of this Council that all action on the purchase of Park lands shall be placed on a Study Session before they are placed on a Regular Meeting agenda. with the follwoing result: AYES: Ventura, Raymond and McCann. NAYS: Nash and Kleinert. The Vice-President declared the resolution adopted. A roll call vote was taken on the first part of the question, as follows 0469-69 RESOLVED, that Item 19 and Item 20 on the agenda relative to the purchase of Park Site 0-69 in Section 14 and Park Site J-39 in Section 10 be referred to the next study session. with the following result: AYES : Nash, Ventura and Raymond NAYS: Kleinert and McCann. The Vice-President declared the resolution adopted, but the motion was subsequently reconsidered immediately, and rescinded. *Councilman Ventura was excused at 9.20 P. M. By Councilman Nash, seconded by Councilman Kleinert, it was #470-69 RESOLVED, that the Council does hereby determine to reconsider the action taken in Council Resolution #469-69, with respect to Item 19 and Item 20 on the agenda. A roll call vote was taken on the motion to reconsider with the following result . AYES : Nash, Kleinert and McCann. NAYS: Raymond. The Vice-President declared the motion to reconsider, adopted. 10+39 A roll call vote was again taken on the following RESOLVED, that Item 19 and Item 20 on the agenda relative to the purchase of Park Site 0-69 in Section 14 and Park Site J-39 in Section 10 be referred to the next study session. with the following result: AYES: Raymond. NAYS: Nash, Kleinert and McCann. The Vice-President declared the resolution denied, and CR#469-69 rescinded. By Councilman Kleinert, seconded by Councilman Raymond, it was #471-69 WHEREAS, property described as: That part of the S. E. 1/4 of Section 14, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as the W. 360.0 feet of the S. 1/2 of the S. 1/2 of the N. E. 1/4 of the S. E. 1/4 of Section 14. is included in the Master Plan for Parks for the City of Livonia, and WHEREAS, the United States of America has entered into Contract OSA-58 which provides for financial assistance to the City of Livonia in acquiring the above described real property for park purposes; and WHEREAS, it is hereby determined, upon consideration of two com- petent independent appraisals that the fair market value of this real property is $8,900.00, 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 $8,900.00; and 2. the City Council does hereby authorize the expenditure of the sum of $139.36 for the proration of the 1968 City, County and School taxes applicable to this property, prorated as of April 1, 1969, and does further authorize the expenditure of the sum of $80.00 to cover the cost of the title insurance policy on the subject property; and 3. the City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the 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 10440 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: Nash, Kleinert, Raymond and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #472-69 WHEREAS, property described as : That part of the West 1/2 of the Northeast 1/4 of Section 10 described as beginning at a point on the north line of said section distant east, 243.90 feet from the North 1/4 corner of Section 10 and proceeding thence south, 1,771.0 feet; thence east, 430.40 feet; thence north, 1,771.0 feet to the north line of Section 10, thence west along said line, 430.40 feet to the point of beginning except the north 533 feet of the west 134.9 feet thereof (15.85 acres plus or minus). 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 $47,000.00, 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 $47,000.00; and 2. the City Council does hereby authorize the expenditure of the sum of $892.12 for the proration of the 1968 City, County and School taxes applicable to this property, prorated as of April 1, 1969, and does further authorize the expenditure of the sum of $265 to cover the cost of the title insurance policy on the subject property; and 3. the City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the 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 10441 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: Nash, Kleinert, Raymond and McCann. NAYS: None. *Councilman Ventura returned at 9:24 P. M. Councilman Kleinert introduced the following Ordinance: AN ORDINANCE AMENDING SECTIONS 5 AND 8 OF ORDINANCE NO. 396, AS AMENDED, KNOWN AND CITED AS THE "WATER RATE ORDINANCE" OF THE CITY OF LIVONIA. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Nash introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 11.03 OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE". (DISTANCE BETWEEN CLASS C FACILITIES) 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 Ventura, seconded by Councilman Nash, and unanimously adopted, it was #473-69 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, May 28, 1969 at 7:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: 10442 Petition No. 68-12-I-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, the City Planning Commission having in its resolution #3-37-69 recommended to the City Council that Petition 68-12-1-44 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 change 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. At 9:27 P. M., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #474-69 RESOLVED, that having considered the report and recommendation dated February 10, 1969 from the City Planning Commission, which sets forth its resolution #1-10-69 in regard to Petition 68-9-1-38 submitted by Alexander Spiro, for a change of zoning ottproperty located on the northeast corner of Morlock and Middlebelt Road in the Northwest 1/4 of Section 1, from C-1 to P.S.; and the Council having conducted a public hearing with regard to this matter on April 16, 1969 pursuant to resolu- tion #265-69, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation. At the verbal request of Mr. L. S. Burton, President of Burton-Share, Inc. the item on the agenda relative to an appeal from a Waiver Use Denial, was removed. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #475-69 RESOLVED, that having considered a communication from the City Planning Commission dated April 23, 1969, which transmits its resolution #4-56-69 adopted by the Commis/ion on April 1, 1969 with regard to Petition #69-3-8-1 requesting site plan approval for a K-Mart development 10443 proposed to be located immediately adjacent to Wonderland Shopping Center in Section 35, the Council does hereby request that the President of the Council arrange a meeting of the Committee of the Whole, the Planning Commission and the Petitioner, such meeting to be set after May 8, 1969. By Councilman Ventura, seconded by Councilman Kleinert, it was #476-69 RESOLVED that, Burton-Share, Inc., 26711 Woodward, Huntington Woods, Michigan 48070, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Burton-Share Westside Industrial Subdivision located in the N. W. 1/4 of Section 28, City of Livonia, the said proposed preliminary plat being dated January 30, 1969; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on March 4, 1969; and it further appearing that such preliminary plat, together with Development Plans and Specifica- tions for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that depart- ment dated April 15, 1969; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions : (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Plat Ordinance, Ordinance No. 500, as amended; the subdivision regulations of the Planning Commission; the regulations and specifications of the Department of Public Works and the development plans submitted by the proprietor and approved by such Department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid in the time and manner provided in the said Plat Ordinance, as amended; (3) That the installation of such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 7.03 of said Plat Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the following cash payments be made to the City: Et) Trees (not recommended) b) Traffic Control Signs $120.00 c) Street Name Signs 75.00 d) Plan review, field inspection and administration (5% before contingencies) 5,634.99 e) Survey monuments and lot corner markers (Cash Escrow) 685.00 10444 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive final approval of the City Planning Commission as evidence that such plat is in compliance with existing subdivision regulations, (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein and provided there has been compliance with all other requirements of the Plat Act, Plat Ordinance, and this resolution. (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements, the proprietor may file with the City of Livonia, surety bond, certified check, cash bond or other financial assurance in such form as may be approved by the Depart- ment of Law, guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescrib- ed period; that in the event the proprietor elects to deposit such financial assurances, the same shall be in the following amounts. General Improvement Bond - $124,000.00, of which at least 10,000.00 shall be in cash. Sidewalk Bond - Not required. (9) That the requirement set forth in Section 6.15 of Ordinance No. 500 relative to placing utility lines underground is hereby waived since the same does not appear to be necessary or otherwise in the interest of the City. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura and Raymond. NAYS: Nash and McCann. The Vice-President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #477-69 RESOLVED, that having considered a communication dated April $0, 1969, which submits petitions from residents living in the vicinity of Rayburn and Roycroft east of Middlebelt Road, with respect to property which is located east of Middlebelt on Roycroft in Section 13, the Council does hereby refer this matter to the Bureau of Inspection, Planning Commission and the City Attorney, and requests them to submit their report and recommendation in this regard. 10445 By Councilman Ventura, seconded by Councilman Nash, it was #478-69 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated February 17, 1969, and the report and recommendation dated April 8, 1969 from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Leonard Pawlus and Paul P. Platauna aka Paul P. Platonas for transfer of ownership of a 1968 SDM Licensed Business from John M. Whalen, located at 28760 Plymouth Road, Livonia, Michigan ("Coldspot"); and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #479-69 RESOLVED, that having considered a communication from the Parks & Recreation Commission, dated April 17, 1969, approved by the Budget Director and approved for submission by the Mayor, with respect to special green fees to be established at the Whispering Willows Golf Course for local high school teams, the Council does hereby determine to approve the following Fee Schedule: a) Members of local high school teams may pay a fee at 50¢ per boy or girl for all practice sessions; and b) All team matches shall be allowed free of charge. further, the Council does hereby 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 : Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Raymond, it was #480-69 RESOLVED, that having considered a communication from the Parks & Recreation Commission, dated April 17, 1969, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby concur in such recommendation and approve of the use of the Ford Recrea- tion Center for an antique show on August 15, 16 & 17 at a rental fee of $300.00 per day; further, the Council does hereby request that the Superintendent of Parks and Recreation, the City Clerk and the City Treasurer do all things necessary to implement the purpose of this resolution. 1o446 A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #481-69 RESOLVED, that having considered a communication from the Parks & Recreation Commission, dated April 8, 1969, approved by the Budget Director and approved for submission by the Mayor, with respect to the expansion of the Parks & Recreation Junior Baseball Program by the addition of thirty teams (18 boys each) of youngsters 8 thru 12 years of age, the Council does hereby authorize the transfer of $3000.00 from the Reserve for Contingencies Account to Account #309-57 for the purpose of purchasing baseballs, bats and the cost of additional umpires to implement the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was #482-69 RESOLVED, that having considered a letter from C. Russell Wagstaff, 14645 Garden Road, Livonia, Michigan, dated April 22, 1969 regarding a storm sewer problem on the S. W. corner of Barkley and Garden Road, the Council does hereby refer the same to the Engineering Division for its report and recommendation. *Councilman Raymond was excused at 10:30 P. M. By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was 4483-69 RESOLVED, that having considered a communication received by the City Clerk on April 14, 1969 from certain residents on Purlingbrook north of Six Mile Road, wherein a request is made for the installation of sanitary sewers in this area, the Council does hereby refer the same to the Engineering Division for its report and recommendation. By Councilman Kleinert, seconded by Councilman Nash, it was #484-69 RESOLVED, that the Council does hereby refer to the City Planning Commission for action and recommendation according to Law and Ordinance No. 29, as amended, Petition No. 69-4-3-2 submitted by Thomas A. Morgan, 11094 Hillcrest, Livonia, Michigan, dated March 14, 1969, requesting the vacation of a 10 foot easement along the northerly portion of the subject property in the N. W. 1/4 of Section 35, City of Livonia, Wayne County, joIichigan. 10447 A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Kleinert, Ventura and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #485-69 RESOLVED, that having considered a letter from Mr. Steve A. Somodi, 35872 Joy Road, Livonia, Michigan, dated April 18, 1969, wherein a request is made with respect to the possible construction of a fence in the front yard of his property, the Council does hereby refer this matter to the Bureau of Inspection for its report and recommendation. *Councilman Raymond returned at 10:37 P. M. By Councilman Nash, seconded by Councilman Kleinert, it was #486-69 RESOLVED, that the Council does hereby determine to rescind the action taken in Council Resolution #1179-68 adopted at the Regular Meeting of October 16, 1968; and further, the Council does hereby request that the Engineering Division do all things necessary to require the developer of the Merriman Park Apartments, located south of Eight Mile Road and on the east side of Merriman Road, to provide a paved lane on the west side of Merriman Road where the same is located opposite this development. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #487-69 WHEREAS, pursuant to the direction of the City Council in its resolution #1299-68 adopted on November 20, 1968, and in accordance with Section 3.06 of Ordinance No. 401, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of April 15, 1969 an assessment roll dated April 15, 1969 covering the installation of sidewalks along both sides of Farmington Road from Schoolcraft Road to Five Mile Road in the City of Livonia, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in the said resolution #1299-68, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice required by the provisions of Section 3-08 of CA•dinanee Nn, 4411 , as amended, of the City, to wit: that they 10448 assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road at 7.00 P. M. on Wednesday, May 28, 1969, to review the said special assessment roll, at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulat- ed generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of May 28, 1969; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's Office. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was #488-69 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 5, 1969 on all matters required by Section 3.03 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on April 9, 1969, after due notice as required by Section 3.04 of said ordinance, and after 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 statement in all respects; (2) determine to make the improvement consisting of the installation of paving and drainage on Stark Road from Plymouth to Schoolcraft in Section 28, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in propor- tion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement dated March 5, 1969, (4) determine that the estimated cost of such improvement is $530,000.00, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; 10449 (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $380,406.25, and that the balance of said cost and expense of said public improvement amounting to $149,593.75 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon in the amount of six per cent (6%) per annum on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district located in that part of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as follows: Beginning at the south 1/4 corner of said section and proceeding thence westerly along the south line of said section to the centerline of Priscilla Lane as extended southerly; thence northerly along said centerline to the centerline of Boston Post Road; thence westerly on an arc along the centerline of Boston Post Road to an extension of the west property line of Lot 67, Alden Village Subdivision, Liber 66, Page 78, Wayne County Records, thence northerly along the west property line of said Lot 67 and extension thereof to the northwest corner of said Lot 67; thence easterly along the north line of said Lot 67 to the Southwest corner of Lot 70, Alden Village Subdivision, thence northerly along the rear lot lines of Lots 70 thru 77, 99 thru 102 and 110 thru 112, Alden Village Subdivision to the north line of said subdivision; thence westerly along said north line to the southwest corner of Wayne County Bureau of Taxation Parcel 28M; thence northerly along the west line of said Parcel 28M and the extension thereof to the north line of the Chesapeake and Ohio Railroad, (99 feet wide), thence westerly along said north line to the south- west corner of Lot 800, Supervisor's Livonia Plat no. 14; Liber 70, Page 69 Wayne County Records, thence northerly along the west lines of Lots 800 thru 804 and Lots 807 and 808 of said plat to the north line of Lot 808 of said Plat, thence easterly along the north line of said Lot 808 to the 10450 southwest corner of Lot 809, Supervisor's Livonia Plat No. 14, thence northerly along the west lines of Lots 809 and 822 of said Plat to the south line of Lot 821 as extended westerly, thence easterly along the south lines of Lots 821 and 820 to the southwest corner of Lot 818, Supervisor's Livonia Plat No. 14; thence northerly along the west line of said Lot 818 and the extension thereof to the north line of Section 28, T. 1 S. , R. 9 E.; thence easterly along the north line of said Section 28 to the ex- tension of the west line of Lot 7, Newman Schoolcraft Farms Subdivision, Liber 69, Page 90, Wayne County Records; thence southerly along the west line of said Lot 7 to the southwest corner of said Lot 7; thence easterly along the north lot line at Lot 12, Newman Schoolcraft Farms Subdivision, to the northeast corner of said Lot 12; thence southerly along the east lines of Lots 12 thru 28 of Newman Schoolcraft Farms Subdivision, to the southeast corner of Lot 28 of said subdivision, thence westerly along the south line of said Lot 28 to the northerly extension of the west line of the Wayne County Bureau of Taxation Parcel 28EE1a2; thence southerly along the west line of Wayne County Bureau of Taxation Parcels 28EE1a2 and 28DDla and the extension thereof to the northeast corner of Newman Wadsworth Farms Subdivision, Liber 71, Page 56, Wayne County Records; thence westerly along the north line of said subdivision to the northwest corner of Lot 1 of said subdivision; thence southerly along the west line of Lots 1 and 18 of said subdivision to the southeast corner of Lot 125, Alden Village Subdivision, Liber 66, Page 78, Wayne County Records; thence westerly along the south line of said Lot 125 to the northeast corner of Lot 20, Walter Dann Subdivision, Liber 76, Page 79, Wayne County Records; thence southerly along the east line of said subdivision and the extension of said east line to the south line of Section 28, T. 1 S., R. 9 E. , thence westerly along said south line to the point of beginning. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and 10451 (10) that upon the completion of said roll 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 required by Section 3.08 of the said ordinance. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was #489-69 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 Kleinert, seconded by Councilman Nash, and unanimously adopted, it was #490-69 RESOLVED, that having considered the request dated April 28, 1969 from Thomas D. Heap, 14373 Blackburn Avenue, Livonia, Michigan, submitted in behalf of the residents of Kimberly Oak Estates Subdivision #4, the Council does hereby grant permission to such residents to conduct a street dance on Allen Avenue, between Blackburn and Cranston Avenue, from 8:30 p.m. to 1:00 a.m. commencing the evening of May 30, 1969, subject to the approval of the Director of Public Safety. On motion of Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, this 647th regular meeting of the Council of the City of Livonia was duly adjourned at 10.55 P. M., April 30, 1969. • ADDISON W. BACON, it ♦Cl- k.