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HomeMy WebLinkAboutCOUNCIL MINUTES 1968-12-18 10094 L MINUTES OF THE SIX HUNDRED THIRTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 18, 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 8:13 P. M.. Councilman Raymond delivered the invocation. Roll was called with the following result: Present--Edward H. McNamara, Rudolf R. Kleinert, Peter A. Ventura, Jerry Raymond, Robert E. McCann, Robert F. Nash and Edward G. Milligan. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk, Steve Polgar, City Attorney, Harry C. Tatigian, Chief Assistant City Attorney, Don Hull, City Planner; William J. Strasser, City Engineer; Donald Nicholson, Director of Public Safety; Robert A. Shaw, Director of Public Works, Dan Andrew, Industrial Li Coordinator, John T. Dufour, Superintendent of Parks and Recreation, Henry Sieferd, City Assessor; Raymond Danaher, Budget Analyst; Victor C. Phillips, Budget Director, Thomas Griffiths, Jr. , Chief Accountant, James Miller, Personnel Director; Harry Wrightman and Robert Colomina, Planning Commission; and John Stymelski of the Traffic Commission. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #1357-68 RESOLVED, that the minutes of the 632nd regular meeting of the Council of the City of Livonia, held December 4, 1968, are hereby approved. The communication from the Department of Law, dated December 16, 1968, relative to State Act 261 of 1968, which purports to regulate meetings of certain governmental agencies, was received and filed for the information of the Council. Councilman Kleinert took from the table, for second reading and adoption, e following Ordinance: L she AN ORDINANCE TO RENDER INAPPLICABLE ANY TAX EXEMPTION WHICH WOULD OTHER- WISE INURE TO THE BENEFIT OF ALL OR ANY CLASS OF HOUSING PROJECTS WITHIN THE BOUNDARIES OF THE CITY OF LIVONIA. 10095 L A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. By Councilman Milligan, seconded by Councilman Nash, it was #1358-68 RESOLVED, that having considered a letter from the Mayor, dated November 20, 1968 relative to the appointment of Frank Santo, 33717 Six Mile Road, Livonia, Michigan, as a member of the City Planning Commission to fill the unexpired term of Donald Pollock, which term will expire on June 9, 1970, the Council does hereby table this matter to the next study session of the Council, to be held January 15, 19(9, if such time is convenient for Mr. Santo to be present. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, Nash, Milligan and McNamara. LNAYS : Kleinert and Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that having considered a letter from the Mayor, dated November 20, 1968 relative to the appointment of Joel LaBo, 31679 Curtis, Livonia, Michigan, as a member of the City Planning Commission to fill the unexpired term of Myra Chandler, which term will expire on June 9, 1970, the Council does hereby disapprove of such appointment. A roll call vote was taken on the foregoing resolution with the following result. AYES : Milligan and. Ventura. NAYS : Raymond, McCann, Nash, Kleinert and McNamara. The President declared the resolution denied. By Councilman Kleinert, seconded by Councilman Nash, it was #1359-68 RESOLVED, that having considered a letter from the Mayor, dated November 20, 1968 relative to the appointment of Joel LaBo, 31679 Curtis, Livonia, Michigan, as a member of the City Planning Commission to fill the unexpired term of Myra Chandler, which term will expire on June 9, 1970, the Council does hereby approve of and concur in the appointment of Mr. LaBo, provided that he takes the oath of office required in Section 3, Chapter X of the City Charter, administered by the City Clerk. 10096 L A roll call vote was taken on the foregoing resolution with the following result . AYES . Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: Ventura. The President declared the resolution adopted. The communication from the Department of Law, dated December 3, 1968, relative to the responsibility of the City to provide a District Court Building, (C01270-68), was received and filed for the information of the Council. The communication, dated December 2, 1968, from the Civil Rights Commission, State of Michigan, relative to a seminar on "Value of Turnkey Leasing Program in Public Housing", was received and filed for the information of the Council. The communication from the Michigan Liquor Control Commission, dated November 22, 1968, relative to the request of BashalaBowling Enterprises, Inc. , 28455 Plymouth Road, Livonia, to add space to 1968 Class C licensed premises, was IL, received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Kleinert, and unanimously adopted, it was #1360-68 RESOLVED, that the Council does hereby determine, pursuant to the provisions set forth in Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance, to submit to the City Planning Commission for the purpose of conducting a public hearing and thereafter a report and recom- mendation to the Council, a proposed amendment to Section 8.02 of the Zoning Ordinance, as amended, which proposed amendment would purport to provide that with respect to site plans for multiple dwellings and apartment houses henceforth such site plans would be reviewed by the City Planning Commission and approved by the City Council. Councilman Ventura introduced the following Ordinance : AN ORDINANCE AMENDING SECTION 4 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," L BY ADDING SECTION 3. THERETO RE• PETITION NO. 68-4-1-14 FOR CHANGE OF ZONING FROM RUFA and C-1 TO PS. 10097 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura introduced the following Ordinance : AN ORDINANCE AMENDING SECTION 4 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. 68-4-1-10 FOR CHANGE OF ZONING FROM RUFA AND C-1 TO C-2. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #1361-68 WHEREAS, pursuant to the direction of the City Council in its resolution No. 1056-68 adopted on September 18, 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 December 2, 1968 an assessment roll dated December 2, 1968 covering the installation of pavement widening and storm drainage on Levan Road from Schoolcraft to Plymouth Road in Section 29, City of Livonia, Michigan, 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 No. 1056-68, THE4EFORE, 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 assess- ment 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 29, 1969, to review the said special assessment roll, at which time and place opportunity will be given to all interested persons to be heard, 10098 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 January 29, 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 assess- ment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's Office. By Councilman Ventura, seconded by Councilman McCann, it was #1362-68 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 7, 1968, pursuant to Council Resolution #282-68 adopted on March 27, 1968, and in accordance with the provisions of Section 3.03 of Ordinance No. 401, as amended, containing a report with regard to the proposed installation of ornamental street lighting with underground wiring on Parkville Avenue, north of Seven Mile Road in the Southwest 1/4 of Section 1, City of Livonia, Michigan, and a public hearing having been held thereon on November 20, 1968 pursuant to Council Resolution #1201-68, after due notice as required by Ordinance No. 401, as amended, and a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, and in view of the apparent difficulty in satisfactorily apportioning the benefits and costs of such contemplated improvement to the satisfaction of the majority of the property owners that would have been affected thereby, the Council does hereby determine to proceed no further with the special assessment proceedings heretofore commenced for the proposed improvement; further, the City Clerk is hereby requested to notify the original petitioners for this improvement cr their representatives of this determination. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, McCann, Nash, and Ventura. NAYS: Milligan, Kleinert and McNamara. The President declared the resolution adopted. The President relinquished the Chair to the Vice-President at 8:39 P. M., to support the following resolution, and resumed the Chair at 9:15 P. M. By Councilman Milligan, seconded by Councilman McNamara, it was RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 7, 1968 on all matters required by Sections 3.03 and 4.01 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on November 20, 1968, after due notice as required by Section 3.04 of said ordinance, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.05 of said ordinance : 10099 (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation cf ornamental street lighting with underground wiring in Livonia Meadows Subdivision and Thomas F. O'Connor's Parkview Acres Subdivision in the Southeast 1/4 of Section 12, City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for the improvement as set forth in said statement dated October 7, 1968, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows : A special assessment district located in the S.E. 1/4 of Section 12, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as follows - Lots 1 through 210 inclusive of Livonia Meadows Subdivision of Section 12, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan as recorded in Liber 80, Pages 42 & 43 of Wayne County Records. and Lots 1 through 29 both inclusive and Lots 145, 146 & 147 of Thomas F. O'Connor's Parkview Acres Subdivision of Section 12, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan as recorded in Liber 69, Page 24 of Wayne County Records. and Parcels 12Hlala and 12H1a2b2b H1a2b3 (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said state- ment as prepared by the City Engineer, dated October 7, 1968, and (8) that upon completion of said rolls, the City Assessor shall attach thereto the certificate required by the provisions of Section 3.07 of Ordinance No. 401, as amended, of the City of Livonia, and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Ordinance No. 401, as amended. 1C100 By Councilman Ventura, seconded by Councilman Kleinert, it was RESOLVED, that the Council does hereby amend the foregoing resolution as to determine no necessity with respect to Lots 104 through 117 inclusive, in the Livonia Meadows Subdivision, and Parcel 12Hlala. By Councilman Raymond, seconded by Councilman Milligan, it was RESOLVED, that the Council does hereby determine to amend and substitute, in lieu of the foregoing amendment, merely to delete from the original resolution such action taken in respect to Lots 104 to 117, inclusive, and Parcel 12Hlala. A roll call vote was taken on the substitute amendment with the following result. AYES: Raymond, McNamara, Nash, Milligan, Kleinert, Ventura and McCann. NAYS : None. A roll call vote was taken on the original resolution, as amended, as follows . #1363-68 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 7, 1968 on all matters required by Sections 3.03 and 4.01 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on November 20, 1968, after due notice as required by Section 3.04 of said ordinance, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.05 of said ordinance : (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installa- tion of ornamental street lighting with underground wiring in Livonia Meadows Subdivision and Thomas F. O'Connor's Parkview Acres Subdivision in the Southeast 1/4 of Section 12, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for the improvement as set forth in said statement dated October 7, 1968; (4) determine that the cost of such improvement shall be paid be special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows : 10101 A special assessment district located in the S.E. 1/4 of Section 12, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as follows Lots 1 through 103 inclusive, and Lots 118 through 210 inclusive of Livonia Meadows Subdivision of Section 12, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan as recorded in Liber 80, Pages 42 & 43 of Wayne County Records. and Lots 1 through 29 both inclusive and Lots 145, 146 and 147 of Thomas F. O'Connor'A Parkview Acres Subdivision of Section 12, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan as recorded in Liber 69, Page 24 of Wayne County Records. and Parcels 12H1a2b2b H1a2b3 (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer, dated October 7, 1968, and (8) that upon completion of said rolls, the City Assessor shall attach thereto the certificate required by the provisions of Section 3.07 of Ordinance No. 401, as amended, of the City of Livonia, and file the same with the City Clerk, who there- upon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Ordinance No. 401, as amended. with the following result AYES: Raymond, McNamara, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. The President declared the resolution, as amended, adopted. By Councilman Raymond, seconded by Councilman Milligan, it was RESOLVED, that the Council does hereby find necessity for street lighting on Hiznet to the extent that the City Engineer sets forth that may be necessary to meet the required lighting standards for residential streets in the City. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond. NAYS: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. The President declared the resolution denied. 10102 it was Milligan, seconded by Councilman Kleinert, and unanimously adopted, #1364-68 RESOLVED, that the Council does hereby request the Livonia School Bc4rd of the City of Livonia, pursuant to the provisions set forth in the School Code of 1955, to enter into an agreement with the City of Livonia whereby the said School District would agree to pay the pro rata portion of the Special Assessments to be levied against school owned property relative to the installation of street lighting in the Livonia Meadows Subdivision and Thomas F. O'Connor's Parkview Acres Subdivision in the Southwest 1/4 of Section 12, specifically including therein school owned property designated as Parcel 12H1a2b2b,H1a2b3. By Councilman Raymond, seconded by Councilman Milligan, it was RESOLVED, that the Council does hereby declare necessity for the lighting of Hizmet, but the extent of the illumination is to be held in abeyance until after a report and recommendation is received from the City Engineer as to the extent of lighting necessary in said area. A roll call vote was taken on the foregoing resolution with the following result AYES : Raymond and Milligan. NAYS : McCann, Nash, Kleinert, Ventura and McNamara. The President declared the resolution denied. At 9:25 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 meeting. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #1365-68 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, January 29, 1969 at 7:00 p. m. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items: !. (a) Petition No. 68-9-6-9 submitted by the City Planning Commis- sion, pursuant to Council Resolution #747-68, to amend Section 11.03(h) of the Zoning Ordinance, so as to provide for the waiving by the City Council of the 1,000 foot require- ment between Class "C" liquor licensed establishments, the City Planning Commission having in its resolution #10-124-68 recommended to the City Council that Petition 68-9-6-9 be denied, 10103 (b) Petition No. 68-7-1-32 submitted by the City Planning Commis- sion on its own motion to rezone property located between Greenland Road and Puritan Avenue, west of Henry Ruff Road, in the Northwest 1/4 of Section 14, from RUF to R-4, the City Planning Commission having in its resolution #10-127-68 recommended to the City Council that Petition 68-7-1-32 be denied; (c) Petition No. 68-7-1-31 submitted by the City Planning Commis- sion on its own motion to rezone property located on the north side of Dover Avenue between Linville Avenue and Parent in the Southeast 1/4 of Section 32, from RUF to R-1, the City Planning Commission having in its resolution #10-125-68 recommended to the City Council that Petition 68-7-1-31 be approved; (d) Petition No. 68-8-1-36 submitted by Thomas E. George to rezone property located on Middlebelt between Broadmoor and Sunnydale in the Southwest 1/4 of Section 13, from RUF to C-2, the City Planning Commission having in its resolution #10-128-68 recommended to the City Council that Petition 68-8-1-36 be denied; (e) Petition No. 68-2-6-3 submitted by the City Planning Commis- sion on its own motion to amend Section 11.03 of the Zoning Ordinance, relating to gasoline service stations as well as other regulations set forth in Section 11.03, the City Planning Commission having in its resolution #10-131-68 recommended to the City Council that Petition 68-2-6-3 be approved; (f) Petition No. 68-10-1-40 submitted by Hyman Gold to rezone property located on the north side of Six Mile Road, east of Newburgh Road, in Section 8 from R-4-B to C-2 and P.S., the City Planning Commission having in its resolution #12-148-68 recommended to the City Council that Petition 68-10-1-40 be approved; (g) Petition No. 68-7-1-33 submitted by the City Planning Commis- sion on its own motion to rezone property located south of Seven Mile Road, approximately 380 feet west of Farmington Road in the Northeast 1/4 of Section 9, from C-2 and R-3 to C-1, the City Planning Commission having in its resolution #10-126-68 recommended to the City Council that Petition 68-7-1-33 be approved; further, that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement, indicating the nature of the proposed amendments to the Zoning Ordinance and location of the proposed changes of zoning, as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia, as well as to not 10104 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. The communication from the Planning Commission, dated November 17, 1968 with respect to Petition 68-4-1-16 submitted by Kenneth Morris, in which the Commis- sion grants the request of the petitioner to amend said petition, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Ventura, it was #1366-68 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 7, 1968, and the report and recom- mendation dated November 25, 1968 from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Sameer A. Jubran and Aziz S. Zarou for the transfer of ownership of 1968 S.D.A. and S.D.M. Licenses from Alex and Olga Stabrava, located at 28292 Joy Road, Livonia, Michigan; 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: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #1367-68 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 29, 1968, and the report and recom- mendation dated December 5, 1968 from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from the Sand Box Lounge, Inc. for a transfer of ownership of 1968 Class "C" Licensed business with Dance Permit located at 27600 Schoolcraft, Livonia, Michigan, 48150, from Christine J. Hinzmann to Richard J. Hickman; 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 : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS : None. By Councilman Kleinert, seconded by Councilman Nash, it was 10105 #1368-68 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated December 3, 1968, the Council does hereby direct the Department of Law to contact the Michigan State Liquor Control Commission for the purpose of amending the city's applica- tion for a full year class C liquor license for the Whispering Willows Golf Course by adding the City of Livonia as a licensee and further indi- cating that a nontransferable resort-type license will be sufficient to meet the golf course requirements. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement: My 'no' vote is cast because I am opposed to the selling of liquor in establishments frequented by minors. By Councilman Ventura, seconded by Councilman Nash, it was #1369-68 RESOLVED, that having considered the report and recommendation of the Director of Public Safety, dated November 26, 1968, approved for submission by the Mayor, the Council does, in accordance with the afore- said communication, reject all bids received with respect to fire hose for the Fire Department, and does further authorize the Fire Department, together with the Budget Director, to do all things necessary to re-adver- tise for the purpose of taking new bids with respect to this matter, in accordance with the provisions of Ordinance No. 216, as amended, the Financial Ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Nash, it was #1370-68 RESOLVED, that having considered a communication from the Parks and Recreation Commission, dated December 4, 1968, approved for submission by the Mayor, to which is attached a communication dated November 29, 1968 from Ralls, Hamill, Becker Associates, Inc., Architects, wherein it is recommended that the City Council reject the bids on two 50 meter swimming pools, received on November 19, 1968, for the reasons outlined in the aforesaid communication, the Council does hereby determine to concur in the aforesaid recommendation and such bids are hereby rejected, and does further authorize the Architects to take new bids with respect to the two swimming pools, with modifications as outlined in the said communication from the Architects, in accordance with the provisions which are set forth in Ordinance No. 216, as amended, the Financial Ordinance. 10106 LA roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was #1371-68 RESOLVED, that having considered a communication dated December 4, 1968 from the Department of Law which transmits two Quit Claim Deeds for Council acceptance, wherein rights-of-way conveyed to the City in connection with the Newburgh Road Paving Project, which deeds are more particularly described as (1) A Quit Claim Deed dated May 24, 1968 executed by John F. Dearden, Roman Catholic Archbishop of the Archdiocese of Detroit, conveying: The East 60 feet of the S. 450 ft. of the following described parcel: That part of the N. E. 1/4 of Sec. 19, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Mich. described as beginning at the N. E. corner of Sec. 19 and proceeding thence S. 19° 42' E. along the E. section line, 971.81 ft. ; thence N. 89° 59' 20" W, 1188.36 ft. ; thence N. 0° 00' 40" E. 970.18 ft. , thence N. 89° 56' E. along the N. section line, 720.60 ft. , thence S. 0° 10' 10" W, 215. ft. , thence N. 89° 56' E. 168 ft. ; thence N. 0° 10' 10" E. 215 ft. ; thence N. 89° 56' E. 294 ft. to the point of beginning. (Parcel 19A2a2, A3a) and (2) A Quit Claim Deed dated May 24, 1968 executed by John F. Dearden, Roman Catholic Archbishop of the Archidiocese of Detroit, conveying: The West 60 feet of the South 15 acres of the N. W. 1/4 of S.W. 1/4 of Section 8, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (Parcel 081) the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid documents and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS : None. 10107 By Councilman Nash, seconded by Councilman Milligan, it was #1372-68 RESOLVED, that having considered a recommendation from the Department of Law, contained in its letter dated November 20, 1968, relative to the services rendered by Allen Monument Works, 580 South Main Street, Northville, Michigan, regarding the relocation of a grave in Livonia Center Cemetery, the Council does hereby authorize a payment of $50.00 from the General Fund to the aforesaid Allen Monument Works which sum shall represent full payment for these services, and the City Clerk and the 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, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #1373-68 RESOLVED, that having considered a communication from the City Engineer, dated November 22, 1968, approved by the Director of Public Works and approved for submission by the Mayor, wherein it is recommended that the City convey a six foot wide easement to Livonia Drain #1 Extension (Wayne County Drain Commissioner), the Council does hereby authorize the Mayor and City Clerk to execute the following described Grant of Easement to the Livonia Drain #1 Extension: That part of the S. 1/2 of Section 34, described as beginning at a point on the S. line of West Chicago Road distant S 1° 08' 54" W. 43 feet and N. 88° 36' 13" W. 94 feet from the center 1/4 corner of Section 34 and proceeding thence N. 88°36'13" W. along said S. line, 6 feet; thence S. 1° 08' 54" W. 1,000 feet, thence N. 88° 36' 13" w. 6 feet; thence S. 1°08'54" W. 110 feet; thence S. 88° 36' 13" E. 12 feet; thence N. 1° 08' 54" E.1,110 feet to the point of beginning. and the Engineering Division and the Department of Law 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, Milligan, Kleinert, Ventura and McNamara. NAYS : None. By Councilman Kleinert, seconded by Councilman Ventura, it was #1374-68 RESOLVED, that having considered a communication dated Dec. 4, 1968 from the Department of Law transmitting for Council acceptance a Grant of Easement dated November 8, 1968, executed by James Tringali, Mary Tringali, his wife, and Sebastian J. Tringali and John Tringali, his sons, wherein an easement is conveyed to the City for the purpose of maintaining an existing sanitary sewer, said easement being more particulary described as: 10108 The East 2 feet of the West 8' of Lots 8 and 9, Storm and Fowler's Country Crest Subdivision, as recorded in Liber 42, Page 74, Wayne County Records, said subdivision being a part of the N. E. 1/4 of Section 2, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan. 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 : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Ventura, it was #1375-68 RESOLVED, that having considered a report and recommendation dated November 22, 1968 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Item No. (8) of Council Resolution #761-68, adopted on July 17, 1968, so as to reduce the General Improvement Bond for remaining improvements in Levan Heights Subdivision #2 to $3,000.00 cash to cover general cleanup, "as built" plans and final costs, Monument Certification, Street Name Signs, Weeping Tile, etc. ; further, the Sidewalk Bond in the amount of $8,000.00 cash shall remain the same and unchanged; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Ventura, it was #1376-68 RESOLVED, that the preliminary plat of the proposed Levan Heights Subdivision (formerly known as Steven Brian Subdivision), situated in the N. E. 1/4 of Section 20, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on February 2, 1965 in its resolution #2-20-65, and approved by the City Council on March 16, 1966 by its resolution #312-66, and a report dated November 20, 1968 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, indicating that 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 true plat on December 3, 1968 in its resolution #12-156- 68, the Council does hereby determine to grant its approval to the Final 10109 L Plat of the Levan Heights Subdivision located in the N. E. 1/4 of Section 20, City of Livonia,_ Wayne County, Michigan, as submitted by the Rouge Building Company, 26011 Evergreen Road, Southfield, Michigan, as proprietors thereof being required to do all things necessary to obtain full compliance with the statutes of Michigan, 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 Milligan, seconded by Councilman Ventura, it was RESOLVED, that the preliminary plat of the proposed Levan Heights Subdivision (formerly known as Steven Brian Subdivision), situated in the N. E. 1/4 of Section 20, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on February 2, 1965 in its resolution #2-20-65, and approved by the City Council on March 16, 1966 by its resolution #312-66, and a report dated November 20, 1968 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, indicating that 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 true plat on December 3, 1968 in its resolution #12-156-68, the Council does hereby table this matter to the next study session of the Council to be held January 15, 1969. L A roll call vote was taken on the tabling resolution with the following result. AYES : Nash, Milligan and Ventura. NAYS: Raymond, McCann, Kleinert and McNamara. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that the preliminary plat of the proposed Levan Heights Subdivision (formerly known as Steven Brian Subdivision), situated in the N. E. 1/4 of Section 20, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on February 2, 1965 in its resolution #2-20-65, and approved by the City Council on March 16, 1966 by its resolution #312-66, and a report dated November 20, 1968 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, indicating that 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 true plat on December 3, 1968 in its resolution #12-156-68, the Council does hereby refer the same to the Streets, Roads and. Plats Committee for their report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: LAYES: Nash, Milligan and Ventura. NAYS: Raymond, McCann, Kleinert and McNamara. The President declared the resolution denied. 10110 LA ro-1 call vote was taken on the original resolution with the following result: AYES : Raymond, McCann, Nash, Kleinert and McNamara. NAYS : Milligan and Ventura. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman McCann, it was #1377-68 RESOLVED, that the preliminary plat of the proposed Levan Heights Subdivision #2, situated in the N. E. 1/4 of Section 20, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on February 20, 1968 in its resolution #2-19-68, and approved by the City Council on July 17, 1968 in its resolution #761-68, and a report dated December 17, 1968 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, indicating that 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 true plat on December 3, 1968 in its resolution #12-157-68, the Council does hereby determine to grants its approval to the final plat of the Levan Heights Subdivision #2 located in the N. E. 1/4 of Section 20, City of Livonia, Wayne County, Michigan, as submitted by the Rouge Building Company, 26011 Evergreen Road, Southfield, L Michigan, as proprietors thereof being required to do all things necessary to obtain full compliance with the statutes of Michigan, the Plat Ordinance of the City of Livonia, Ordinance No. 500, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Kleinert, Ventura and McNamara. NAYS : Milligan. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was #1378-68 RESOLVED, that having considered a request dated December 4, 1968 from Mr. E. C. Schubiner of the Occidental Investment Company, proprietors of the Merriman Park Apartments located in the N. W. 1/4 of Section 2, City of Livonia, Michigan, the Council does hereby determine to allow the said proprietors to deposit as financial assurance for the installation of improvements in the aforesaid Apartment Project an Irrevocable Letter of Credit drawn on an accredited banking institution in the amount of $146,215.00 in lieu of the Corporate Surety Bonds previously authorized in Council Resolution #1266-68 adopted on November 13, 1968; the Cash Bond requirements in this regard shall remain the same; and the City Clerk is L hereby authorized to do all things necessary or incidental to the full performance of this resolution. A loll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS : None. 10111 By Councilman Ventura, seconded by Councilman Kleinert, it was #1379-68 RESOLVED, that having considered a letter from Merri-Bowl Lanes, 30950 Five Mile Road, Livonia, Michigan, dated November 20, 1968, and a letter from Livonia Lanes, 31630 Plymouth Road, Livonia, Michigan, dated December 7, 1968, wherein both establishments request permission to serve alcoholic beverages in the concourse of their aforementioned places of business for one night only commencing at 9:00 p. m. on December 31, 1968 and ending at 4:00 a. m. January 1, 1969, for the purpose of having closed parties on New Year's Eve, the Council does hereby determine that there having been a good cause shown to suspend the restriction imposed in Section 15.6 of Ordinance No. 12, as amended, to hereby grant permission and authorization to Merri-Bowl and Livonia Lanes for the purpose of serving alcoholic beverages on the concourse area (not to include bowling lane approach areas) for one night only commencing at 9:00 p. m. on December 31, 1968 and ending at 4-00 a.m. on January 1, 1969, further, similar approval is hereby given to all registered licensed bowling establishments in the City of Livonia requesting same, subject to the approval of same by the Director of Public Safety. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, this 633rd regular meeting of the Council of the City of Livonia was duly adjourned at 10:20 P.M., December 18, 1968. ( (:( ADDISON W. BACON(City; Cler .