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HomeMy WebLinkAboutCOUNCIL MINUTES 1968-11-27 10065 MINUTES OF THE SIX HUNDRED THIRTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 27, 1968, 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 40 P. M.. Councilman Kleinert delivered the invocation. Roll was called with the following result. Present--Edward H. McNamara, Rudolf R. Kleinert, Jerry Raymond, Robert E. McCann, Robert F. Nash, Edward G. Milligan and *Peter A. Ventura. Absent--none. Elected and appointed officials present Addison W. Bacon, City Clerk, Steve Polgar, City Attorney, Harry C. Tatigian, Chief Assistant City Attorney, David Perry, Assistant City Attorney, William J. Strasser, City Engineer, David L. Jones, L4ater and Sewer Commissioner, John T. Dufour, Superintendent of Parks and Recreation; James Jordan, Police Chief, Carl Demek, Superintendent of Operations Division, Dan Andrew, Industrial Coordinator, Henry Sieferd, City Assessor; Marie Talbot, Court Clerk, Ed Siemert, Assistant City Engineer, Victor C. Phillips, Budget Director, Thomas Griffiths, Jr., Chief Accountant, Marvin Moser, Planning Commission; James Mies, Judge Elect, Joel LaBo, Planning Commission,Ken McDonald, Water & Sewer Board. By Councilman Milligan, seconded by Councilman McCann, and unanimously idopted, it was #1304-68 RESOLVED, that the minutes of the 630th regular meeting of the Council of the City of Livonia, held November 20, 1968, are hereby approved. The President acknowledged receipt of a veto message from the Mayor, of Council Resolution #1289-68, adopted on November 20, 1968 relative to a change of zoning in Section 30, from RUF to R-7. LBy Councilman Nash, seconded by Councilman Milligan, it was #1305-68 RESOLVED that, having considered the veto by the Mayor, dated November 27, 1968 of resolution #1289-68 adopted by the Council on November 20, 1968, the Council does hereby readopt said resolution #1289-68 the same as if it were word for word repeated herein. 10066 A roil call vote was taken on the foregoing resolution with the following result AYES . Kleinert, Raymond, McCann, Nash, Milligan and McNamara. NAYS None. The President declared the resolution adopted, and the Mayor's veto overruled. By Councilman Nash, seconded by Councilman Milligan, it was #1306-68 RESOLVED, that having considered a communication dated November 27, 1968 from the Department of Law which transmits for Council acceptance a Grant of Easement dated November 20, 1968 executed by Lewis & Roth Land Company, by its Secretary Treasurer George Roth, and also executed by Alice M. Schmidt, wherein an easement is granted to the City in connection with Petition No. 67-12-1-40 for the construction and maintenance of a storm drain, said easement being more particularly described as : A permanent right-of-way, for storm drainage purposes only, to wit The Westerly 20 feet for a distance of approximately 613 feet south of Plymouth Road, across Parcel L-2, which parcel is more particularly described as . Parcel Description: Beginning at the South 1/4 Corner of Section 30, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, Running thence North 89° 09' 16" W., along the south line of said Section, a distance of 348.01 feet, thence along the boundary of Middle Rouge Parkway, two courses as follows • N. 20° 58' 31" w., 650.30 feet, and N. 73° 44' 29" W., 446.57 feet, thence N. 0° 18' 34" E„ 613.38 feet to the center line of Plymouth Road, thence along said center line S. 74° 34' 20" E., 217.17 feet, thence due South 240.29 feet; thence due East 146.00 feet, thence due North 200.00 feet, thence along the center line of Plymouth Road S. 74° 34' 20" E., 526.78 feet; thence due South 301.83 feet, thence due East 100.00 feet, thence due North 274.23 feet, thence S. 74° 34' 20" E., along the center line of Plymouth Road 44.61 feet, thence due South along the north and south 1/4 line of said Section, a distance of 1073.08 feet to the POINT OF BEGINNING, excepting therefrom the east 44 feet of the North 274.23 feet, contain- ing 18.36 acres of land more or less. the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Kleinert, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. 10067 By Councilman Nash, seconded by Councilman Milligan, it was #1307-68 RESOLVED, that having considered a request from the Municipal Judge dated November 21, 1968, for a transfer of certain funds for the purpose of making necessary renovations to the Municipal Court Building to accommodate Judge Mies, the Council does hereby authorize the transfer of the sum of $2100 from Account 113-1 (Salaries and Wages) to Account 113-70 (Capital Outlay). A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS. Kleinert. The President declared the resolution adopted. Councilman Kleinert took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 4.13 OF ARTICLE IV OF ORDINANCE NO. 549, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "TRAFFIC ORDINANCE." A roll call vote was taken on the foregoing Ordinance with the following result AYES: Kleinert, Raymond, McCann, Nash, Milligan and McNamara. NAYS. None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. The Municipal Court report for the month of October, 1968, was received and filed for the information of the Council. The communication from the Department of Law dated November 13, 1968 with respect to Holloway Sand & Gravel Trucking Corp. vs City of Livonia, et al. Wayne County Circuit Court No. 74662, was received and filed for the information of the Council. The communication from the Society of Livonia Administrative and Pro- fessional Personnel relative to the election of officers for Fiscal Year beginning December 1, 1968, was received and placed on file for the information of the Council. 10068 The communication from the Department of State Highways dated November 12, 133, with respect to a study of Traffic at the intersection of M-14 (Plymouth Road) at Milburn Street, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Kleinert, it was #1308-68 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated November 7, 1968, approved by the Director of Public Works, the Budget Director, and approved for sub- mission by the Mayor, the Council does hereby accept the bid of the Sun Oil Company, 500 S. Dix Street, Detroit, Michigan 48217, for supplying the Operations Division with the following grades of Motor Oil- 20 weight oil at 48o per gallon, and 10-W-40 oil at 77O per gallon for the period from December 1, 1968 through November 30, 1969 (Terms - 1/0-30), 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: Kleinert, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #1309-68 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated November 13, 1968, approved by the Director of Public Works, the Budget Director, and approved for submission by the Mayor, the Council does hereby accept the bid of Zarza Stadium Company, 18242 Glastonbury, Detroit, Michigan 48219, for supplying the City with nine sets of bleachers for the Ford Field Recreation Center Ice Rink, Model Z-P-500, for the price of $5974.56, the same having been in fact the lowest bid received for this item; further, the Councilhaving previously provided $1500.00 in the 1967-68 Ice Rink and Recreation Center Fund Budget and Woo.00 in the 1968-69 Ice Rink and Recreation Center Fund Budget for this purpose, the Council does hereby authorize an expend- iture of an additional $474.56 from the 1967-68 Ice Rink and Recreation Center Fund Budget. A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, Raymond, McCann, Nash, Milligan and McNamara. NAYS : None. By Councilman Kleinert, seconded by Councilman McCann, it was #1310-68 RESOLVED, that having considered a communication dated November 6, 1968 from the Department of Law which transmits for Council acceptance a Grant of Easement dated October 24, 1968, executed by Clemens and Josephine G. Napier, wherein an easement is granted to the City in connection with the installation and maintenance of a sanitary sewer, said easement being more particularly described as: 10069 A four (4) foot wide easement, the center line of said easement being more particularly described as beginning at a point on the South lige of Rayburn Avenue (60 feet wide) 21.10 feet easterly from the N. W. corner of Lot 400, Coventry Gardens, as recorded in Liber 55, Pages 34 and 35, Wayne County Records, said subdivision being a part of the S. E. 1/4 of Section 16, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan; thence southerly to a point on the South lot line of said Lot 400, said point being located 6.0 feet East of the S. W. corner of Lot 400. the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Raymond, McCann, Nash, Milligan and McNamara. NAYS : None. By Councilman Nash, seconded by Councilman McCann, it was #1311-68 RESOLVED, that having considered a communication dated November 12, 1968 from the Department of Law transmitting for Council acceptance a Warranty Deed dated October 30, 1968 executed by Delmar J. Henneman and Loyola Henneman, his wife, conveying the following described property to the City of Livonia: BEGINNING at a point which is north 89 degrees 41 minutes west 1795.11 feet and north 0 degrees 04 minutes 40 seconds east 1085 feet from the southeast corner of section 36, town 1 south, range 9 east, thence north 0 degrees 04 minutes 40 seconds east 250 feet, thence north 89 degrees 41 minutes west 154.5 feet; thence south 0 degrees 04 minutes 40 seconds west 250 feet; thence south 89 degrees 41 minutes east 154.5 feet to the place of beginning; the easterly 30 feet of the above described land is subject to an easement for highway purposes. the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid instrument, and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full per- formance of this resolution; and further, the Council does hereby authorize the expenditure of a sum not to exceed $125.00 from the $4,400,000 Parks and Recreational Facilities General Obligation Bond Issue for taxes when issued for the 1968 year. A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, Raymond, McCann, Nash, Milligan and McNRmsra. NAYS : None. 10070 By Councilman Raymond, seconded by Councilman Kleinert, it was #1312-68 RESOLVED, that having considered a communication dated November 4, 1968 from the Department of Law which transmits for Council acceptance a Quit Claim Deed dated October 14, 1968, executed by the Occidental Investment Company, by its Partners Elliott C. Schubiner and S. David Schubiner, which deed purports to dedicate a right-of-way, for street and highway purposes, to the City in the Merriman Park Development, said right-of-way being more particularly described as follows : That part of the N. W. 1/4 of Section 2, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as: Beginning at a point on the E. line of Merriman Road (120.00' wide), distant S. 0° 07' 20" W. , 858.23' and S. 89° 52' 40" E., 60.00' from the N. W. corner of said Section 2, thence S. 89° 52' 40" E. 40.00' ; thence on a curve concave to the S. W., radius 51.32' , central angle 29° 08' 54" (the chord of said curve bears S. 75° 18' 13" E. , 25.83' ), a distance of 26.13' ; thence on a curve tangent to last described curve and concave to the N. E., radius 51.32', central angle 29° 08' 54" (the chord of said curve bears S. 75° 18' 13" E. , 25.83' ), a distance of 26.13' ; thence S. 89° 52 ' 40" E., 385.00' ; thence on a curve concave to the N. W., radius 50.00' , central angle 90° (the chord of said curve bears N. 45° 07' 20" E. , 70.71' ), a distance of 78.54' thence N. 0° 07' 20" E., 13.93' ; thence on a curve concave to the S.E., radius 110.00' , central angle 90° (the chord of said curve bears N. 45° 07' 20" E., 155.56' ), a distance of 172.79' , thence S. 89° 52' 40" E. , 311.88' ; thence S. 0° 04' 50" W., 60.00' ; thence N. 89° 52' 40" W. , 311.92' ; thence on a curve concave to the S. E. radius 50.00' , central angle 90° (the chord of said curve bears S. 45° 07' 20" W., 70.71' ), a distance of 78.54' ; thence S. 0° 07' 20" W. , 13.93' ; thence on a curve concave to the N. W. , radius 110.00' , central angle 90° (the chord of said curve bears S. 45° 07' 20" W. , 155.56' ), a distance of 172.79' ; thence N. 89° 52' 40" W. , 385.00' ; thence on a curve concave to the S.E., radius 51.32' , central angle 29° 08' 54" (the chord of said curve bears S. 75° 32' 53" W., 25.83', a distance of 26.13' , thence on a curve tangent to last described curve concave to the N. W., radius 51.32' , central angle 29° 08' 54" (the chord of said curve bears S. 75° 32' 53" W. , 25.83' ), a distance of 26.13' ; thence N. 89° 52' 40" w. , 40.00' to the E. line of Merriman Road (120.00' wide), thence along said E. line, N. 0° 07' 20" E. , 86.00' to the point of beginning. the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid Quit Claim Deed, and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. 10071 A roll call vote was taken on the foregoing resolution with the following result. AYES : Kleinert, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Raymond, seconded by Councilman Milligan,and unanimously adopted, it was #1313-68 RESOLVED, that having considered a communication from the Hearthstone Homeowners' Association, dated November 12, 1968, and before determining to install ornamental street lighting with underground conductors in the Hearthstone Subdivision in the City of Livonia in conformity with the standards prescribed, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of instan- t'. ments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the pro- visions of Section 3.03 of Ordinance No. 401, as amended. By Councilman Nash, seconded by Councilman McCann, and unanimously adopt- ed, it was #1314-68 WHEREAS, pursuant to the direction of the City Council in its resolution #870-68, adopted on July 31, 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 November 13, 1968 an assessment roll dated November 13, 1968 covering the installation of sidewalks along both sides of Farmington Road between Five Mile Road and Eight 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 #870-68; 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 the notice required by the provisions of Section 3.08 of Ordinance No. 401, as amended, of the City, to wit: that the 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, January 15, 1969, to review the said special assessment roll, at which time and place opportunity will be given to all interested persons to be heard; 10072 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 circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of January 15, 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. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #1315-68 RESOLVED, that the Council having considered a communication dated October 30, 1968 from the City Engineer, approved by the Mayor and the Director of Public Works, submitted pursuant to the requirements set forth in Section 6.14 of Ordinance 500, as amended, the Plat Ordinance, wherein it is required that ornamental street lighting with underground conductors shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Gold Manor Subdivision, gold Manor Subdivision #2, Gold Manor Subdivision #3, and part of Beatrice Gardens and Denmar Estates Subdivisions located in Section 8, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obliga- tion of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of October 30, 1968 and that there has been a full compliance with all of the provisions of Section 3.03 and. Section 4.01 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improve- ments, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Wednesday, January 15, 1969 at 7:00 p.m. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04 of said. Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. Councilman Milligan introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 3 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 NO. 68-3-1-8 FOR CHANGE OF ZONING FROM M-1 TO C-2. 10073 The foregoing Ordinance, when adopted,is filed in the Journal of Ordinances in the Loffice of the City Clerk, and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Milligan introduced the following Ordinance : AN ORDINANCE AMENDING SECTION 24 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 NO. 68-2-1-5 FOR CHANGE OF ZONING FROM RUF to R-2. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. L *Councilman Ventura arrived at 9:14 P. M. By Councilman Kleinert, seconded by Councilman Milligan, it was #1316-68 RESOLVED, that having considered the report and recommendation dated May 10, 1968 from the City Planning Commission which sets forth its resolution #4-46-68 with regard to Petition #65-12-1-40 submitted by Joseph B. Monaco for a change of zoning of property located at the north- east corner of Farmington Road and Lyndon Avenue in Section 22, from RUF to PS, and the Council having conducted a public hearing with regard to this matter on August 26, 1968, pursuant to resolution #594-68, and having also considered communications dated August 29 and September 18, 1968 from the City Planning Department with respect to this matter, and having also considered a letter from the petitioner, Joseph B. Monaco, dated November 13, 1968, wherein he has requested that his petition be withdrawn from further consideration, the Council does hereby determine to grant the request of the petitioner that his petition be withdrawn from further consideration and to take no further action with respect to this matter. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNRmAra. LNAYS: None. 10071+ By Councilman Raymond, seconded by Councilman Nash, it was #1317-68 RESOLVED, that the Council does hereby request that the City Planning Commission, pursuant to Article XXIII of the Zoning Ordinance, Ordinance 51+3, as amended, on its own motion conduct a public hearing for the purpose of considering applicable zoning changes from the present zoning classification relative to the property located at the northeast corner of Farmington Road and Lyndon Avenue in Section 22 (Parcel Q-1), and thereafter submit its report to the City Council. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, McCann, Nash and Milligan. NAYS: Kleinert and McNamara. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Kleinert, it was #1318-68 RESOLVED, that having considered a communication from the Industrial Coordinator, dated November 8, 1968, approved for submission by the Mayor, with respect to the acquisition of a parcel of land 0.0157 acres in size located in the N. 1/2 of Section 29 in connection with the Industrial Road project from Stark Road to Levan Road, (Bureau of Taxation Parcel 29A1C1), the Council does hereby authorize the acquisition of the same for the sum of $102.05 from the owners of the said property (Mr. and Mrs. John O'Brien), the payment of such sum to be made from the proceeds of Special Assessment District (S.A.D.#58), further, the Council does hereby request that the Engineering Division, Department of Law and Industrial Coordinator do all things necessary in connection with the acquisition of the subject property, 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: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #1319-68 RESOLVED, that having considered a communication from the Melody Manor Residents Association, dated November 9, 1968, wherein a request is made for the replacement of the present street light located at the intersection of Seven Mile Road and Blue Skies Drive with a street light of higher lumen strength, the Council does hereby refer this matter to the City Engineer for his report and recommendation. 10075 By Councilman Milligan, seconded by Councilman Raymond, it was #1320-68 RESOLVED, that having considered a communication from the City Engineer, dated November 13, 1968, approved by the Director of Public Works and approved for submission by the Mayor, relative to the construc- tion of sidewalks adjacent to the Henry Ford Centennial Field along Lyndon Avenue west of Farmington and along Stark Road south of Lyndon to the Frost Jr. High School, such sidewalks to have a width of 6 feet, the Council does hereby authorize the L. W. Peters Concrete Service, 25275 Brookview, Farmington, Michigan, to construct such sidewalks at the unit price bid previously accepted in council resolution #1014-68, the cost of the proposed additional sidewalk work being estimated in the amount of approximately $7500.00; and further, the Council does hereby authorize a sum not to exceed $7500.00 from the 9.8 Million Dollar General Obligation Street Improvement Bonds for this purpose, of which the Livonia Public School has acknowledged they will share in the installation on a 50-50 basis. A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #1321-68 RESOLVED, that having considered a communication from the Parks and Recreation Commission, dated October 25, 1968, approved by the Budget Director, and approved for submission by the Mayor, relative to the use of the Ford Ice Arena by high school and college hockey teams for their home games, the Council does hereby approve and authorize that such teams shall pay a fee to the City in this regard of a minimum amount of $70.00 (2 hours of ice time @ $35.00 per hour), or a 50-50 percentage of the admission fee charged at the gate, whenever admissions are charged, whichever is the greater; and further, that resolutions which have been previously adopted are hereby modified or amended to the extent necessary to conform with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result• AYES: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #1322-68 RESOLVED, that having considered a communication from the Department of Law dated November 1, 1968, approved by the Mayor and the Budget Director, with respect to the auto expense allowance provided in the 1967-68 Budget for the Department of Law, the Council does hereby authorize the transfer of $236.10 from Account #146-29 to Account #146-6, as well as the additional amount of $313.90 from the Reserve for Contin- gencies Account to Account #146-6 for this purpose. 10076 LA roll call vote was taken on the foregoing resolution with the following result AYES : Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS : Kleinert. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McCann, it was #1323-68 WHEREAS, property described as that part of the S. E.1/4 of Section 36, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant N. 89° 41' W. 1795.11 feet and N. 0° 04' 40" E. 1435.0 feet from the S. E. corner of Section 36, and proceeding thence N. 0° 04' 40" E. 162.0 feet, thence S. 89° 52' W. 154.50 feet; thence S. 0° 04' 40" W. 161.21 feet, thence S. 89° 41' E. 154.50 feet to the point of beginning, is included in the Master Plan for Parks for the City of Livonia, and WHEREAS, the United States of America has entered into Contract 0SA58 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 $2,400.00, 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 $2,400.00, 2. The City Council does hereby authorize a sum not to exceed $25 for the proration of City, County, and School taxes at the time of closing, prorated from the date of option to purchase, and does further authorize the expenditure of the sum of $50 to cover the cost of title insurance policy on the subject property, 3. The City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000 Parks and Recreational General 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 4. The City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES • Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. 10077 By Councilman Nash, seconded by Councilman Milligan, it was #1324-68 WHEREAS, the City Council of the City of Livonia did on May 22, 1968 under Council Resolution No. 554-68, petition the Wayne County Drain Commissioner to initiate a program for the construction of Livonia Drain No. 6 extension and branches, which project is part of the 1968 Master Storm Drainage System for the City of Livonia, and WHEREAS, a portion of this immediate project is emergency in nature, in that it is urgently necessary to provide storm drainage within the S.E. 1/4 of Section 17 of the City to enable the construction of a street improvement and to correct existing drainage problems within this area, and it is the desire of the Council to proceed immediately with this segment of the overall drainage project, and WHEREAS, it appears that this can be done by "borrowing" sufficient funds out of certain other appropriate drain projects wherein there exists surplus construction funds, the same to be repaid upon the successful sale of bonds for the project covered under Council Resolution No. 554-68. NOW, THEREFORE, BE IT RESOLVED, that the Wayne County Drain Commissioner is requested to take all steps necessary to proceed with the construction of Livonia Drain No. 6 Extension and Branch No. 1 as petitioned for under Council Resolution No. 554-68, by "borrowing" money from any other appropriate Livonia Drainage project where there are surplus construction funds, the same to be repaid when bonds are sold and monies are available. A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was #1325-68 RESOLVED that, Gold Construction Company, 17432 Westover, Southfield, Michigan, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Gold Manor Subdivision No. 3, located in the N. W. 1/4 of Section 8, City of Livonia, the said proposed preliminary plat being dated March 19, 1968, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on March 19, 1968, and it further appearing that such preliminary plat, together with Development Plans and Specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated November 20, 1968, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions: 10078 (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) Cash payments to the City. Trees $ 5,870.55 Traffic Control Signs 312.75 Street Name Signs 630.00 Plan review, field inspection & administration (5% before contingencies) 26,639.00 Ditch Maintenance (To be held in escrow for a period of 2 years after acceptance of ditches) 2,400.00 Parksite Improvement - 8.39 acres (including grading, 3" topsoil and Class "A" seeding)(To be held in escrow until completion and acceptance of improvement) 3,900.00 Survey Monuments (Cash Escrow) 2,400.00 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive final approval of the City Planning Commission as evidence that such plat is in compliance with existing 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. 10079 (8) That, for the purpose of obtaining approval of final plats li 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 prescribed period; that in the event the proprietor elects to deposit such financial assurances, the same shall be in the following amounts : General Improvement Bond - $530,000.00 of which at least 10,000.00 shall be in cash. Sidewalk Bond - $ 56,200.00 of which at least 10,000.00 shall be in cash. (9) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the subdivision, in accordance with City Ordinances. A roll call vote was taken on the foregoing resolution with the following result- AYES: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was L #1326-68 RESOLVED that, the preliminary plat of the proposed Lou Har Subdivision, situated in the Southeast 1/4 of Section 23, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on September 21, 1965 by its resolution #11-194-65 and approved by the City Council on November 28, 1966 by its resolution #1199-66, and a report dated November 27, 196$ from the City Engineer, approved by the Director of Public Works, indicating that full compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Commission having approved the final plat on January 16, 1968, in its resolution #1-9-68, the Council does hereby determine to grant its approval to the final plat of Lou Har Subdivision, located in the Southeast 1/4 of Section 23, City of Livonia, Wayne County, Michigan, as submitted by Gordon-Begin Company, 31530 Dolly Madison Drive, Madison Heights, Michigan 48071, as proprietors thereof being required to do all things necessary to obtain full compliance with the Plat Act, as amended, the Plat Ordinance of the City of Livonia, Ordinance No. 500, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. BY Councilman Nash, seconded by Councilman Milligan, and unanimously adopt- Led, this 631st regular meeting of the Council of the City of Livonia was duly adjourned at 9:50 P. M., November 27, 1968. ILLJ ADDISON W. BACON, CityCler .