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HomeMy WebLinkAboutCOUNCIL MINUTES 1968-07-24 9720 MINUTES OF THE SIX HUNDRED FIFTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 24, 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 8:17 P. M. Councilman Kleinert 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: Virginia G. Handzlik, Deputy City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, Chief Assistant City Attorney; James R. McCann, Municipal Judge; Marie Talbot, Court Clerk; Robert A. Shaw, Director of Public Works; David A. Perry, Assistant City Attorney; David L. Jones, Water and Sewer Commissioner; John T. Dufour, Superintendent of Parks and Recreation; Don Hull, City Planner; Carl Demek, Superintendent of Operations Division; Henry Sieferd, City Assessor; Donald Nicholson, Director of Public Safety; Raymond Danaher, Budget Analyst; Victor C. Phillips, Budget Director; Thomas J. Griffiths, Jr., Chief Account- ant; Ed Siemert, Assistant City Engineer; Kenneth W. Kampman, Director of Civil Defense; William J. Strasser, City Engineer; Theodor Krauss, Personnel Analyst; Ragnar I. Turnquist, Industrial Development Commission; Harry Weightman, Planning Commission; Eldon Raymond, Zoning Board of Appeals; John Stymelski, Traffic Commis- sion; and Louis Basso, Budget Director of Wayne County. The following resolution was unanimously introduced, supported and adopted: #784-68 RESOLVED, that having considered a communication dated July 9, 1968 from the Chairman of the Wayne County Board of Supervisors and the Judge of the Juvenile Division of the Wayne County Juvenile Court, the Council does hereby take this means to inform all those concerned that this Council supports the approval of County Proposition No. 1 at the Election to be conducted on August 6, 1968 in Wayne County so that the one mill L property levy approved by the voters in 1964 may be continued for an additional 5-year period, from 1970 thru 1974 in that these funds are essential in order to maintain adequate public services for Wayne County's 2,700,000 citizens in the fields of Juvenile Delinquency, Hospital Care, 9721 Mental Health, Law Enforcement, Justice, Education, Libraries, and Parks; further, this endorsement is made in support urged for the passage of County Proposition No. 1 in that any further cutbacks in the foregoing services, which are already at minimum levels, would have a severe detrimental effect on the public interest. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #785-68 RESOLVED, that the minutes of the 614th regular meeting of the Council of the City of Livonia, held July 17, 1968, are hereby approved. *Councilman McCann was excused at 8:30 P. M. By Councilman Raymond, seconded by Councilman Ventura, it was #786-68 RESOLVED, that having considered the veto by the Mayor, dated July 24, 1968 of resolution #746-68 adopted by the Council on July 17, 1968, the Council does hereby readopt said resolution #746-68 the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result- AYES : *Kleinert, Ventura, Raymond, Nash, Milligan and McNamara. NAYS: None. The President declared the resolution adopted and the Mayor's veto overruled. *Councilman Kleinert abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. *Councilman McCann returned at 8.32 P. M. The communication from the City Clerk, dated July 19, 1968, relative to Registrar fees for year April, 1967 through March, 1968, was received and filed for the information of the Council. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance • AN ORDINANCE AMENDING CHAPTER II OF ORDINANCE NO. 145, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "MISDEMEANOR ORDINANCE" BY ADDING SECTION 2. THERETO By Councilman Nash, seconded by Councilman Milligan, it was 9722 #787-68 RESOLVED, that the second reading and roll call vote on the foregoing Ordinance, is hereby tabled to the next regular meeting of the Council, to be held July 31, 1968. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash and Milligan. NAYS: Kleinert, Ventura and McNamara. The President declared the resolution adopted. Councilman Nash took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO RE: PETITION No. 67-8-1-29 FOR CHANGE OF ZONING FROM C-1 TO R-7, INTRODUCED ON JULY 17, 1968 BY COUNCILMAN NASH. A roll call vote was taken on the foregoing Ordinance with the following result AYES: Kleinert, Ventura, Raymond, McCann, Nash and Milligan. NAYS: McNamara. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Nash took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 449 KNOWN AND CITED AS THE "BUILDING CODE ORDINANCE OF THE CITY OF LIVONIA," AS AMENDED, BY AMENDING SECTION 4.07 OF ARTICLE IV THEREOF, INTRODUCED BY COUNCILMAN NASH on May 8, 1968. By Councilman Ventura, seconded by Councilman McCann, it was RESOLVED, that the second reading and roll call vote on the fore- going Ordinance be tabled for further consideration. 9723 LA roll call vote was taken on the foregoing resolution with the following result' AYES : Ventura and McCann. NAYS : Kleinert, Raymond, Nash, Milligan and McNamara. The President declared the tabling resolution denied. A roll call vote was taken on the foregoing Ordinance with the following result AYES: Raymond, McCann, Nash and McNamara. NAYS: Kleinert and Ventura. The President declared the foregoing Ordinance duly adopted and would become effective on publication. *Councilman Milligan was excused at 8.40 P. M., prior to the roll call vote on the foregoing Ordinance, for the balance of the meeting. By Councilman Ventura, seconded by Councilman Raymond, it was #788-68 RESOLVED, that the second reading and roll call vote on the L Proposed Ordinance amending Ordinance No. 449, requiring certain standards of insulation, introduced by Councilman Milligan on May 8, 1968, was tabled to the next regular meeting of the Council to be held July 31, 1968. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann and Nash. NAYS: McNamara. The President declared the resolution adopted. Councilman Kleinert took from the table for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 449 AS AMENDED, KNOWN AND CITED AS THE "BUILD- ING CODE ORDINANCE OF THE CITY OF LIVONIA," BY ADDING SECTION 5. TO ARTICLE V THEREOF, INTRODUCED BY COUNCILMAN KLEINERT ON MAY 8, 1968. laA roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, Nash and McNamara. NAYS: Kleinert, Ventura and McCann. The President declared the Ordinance denied. 9724 LThe Municipal Court Report for the month of May 1968 was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #789-68 RESOLVED, that the President of the Council arrange a meeting with the Planning Commission for the purpose of discussing the revised study for Residential Development south of Eight Mile Road, transmitted by the Planning Commission under date of July 9, 1968. The communication from the Department of Law, dated June 25, 1968, with respect to the litigation re: Dave Pink Builder, Inc. v. City of Livonia, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman McCann, it was #790-68 RESOLVED, that having considered the recommendation dated June 19, 1968, from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, concerning sidewalk construction in front of Bureau of Taxation Parcels 13b249a, 13b249b, 13b249c, 13b250, 13b251, 13L1, 13Kl6ala, 13K16alb, 13K16a2, 13K13b,14b,15,16b,L2, 13K14a, 13K13a, 13K12, 13K11, 13K10, 13K9,13K8b, 13K7b,8a2,13K7a,8a1, and 13b248a, and for the reasons therein stated, the Council does hereby require the owners of the lots and premises therein referred to, to construct, rebuild or repair the sidewalk in front of, adjacent to and abutting such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Ordinance No. 446, Article 5, Section 5.5 of the ordinances of the City of Livonia, as amended, and further, said notice shall set forth that the owners of said lots and premises herein referred to shall complete said sidewalk work on or before October 1, 1968; and further, the Council does hereby authorize that the assessments to be assessed herein may be made by the owners of the lots and premises referred to on a ten (10) installment basis at a rate of interest of six (6) per cent per annum in accordance with Section 5.01 of Ordinance No. 446, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS: None. The item on the agenda relative to the establishment of I-96 as State Trunkline, was referred to the next study session to be held August 7, 1968. L The "Gas Station Survey" prepared by the Livonia Planning Commission and transmitted under date of June 21, 1968 was received and filed for the information of the Council. 9725 The communication from the Department of Law, dated July 3, 1968 and submitted pursuant to council resolution #448-68, with respect to the complaint of Charles B. Pierce, was received and filed for the information of the Council. By Councilman Kleinert, seconded by Councilman Raymond, it was #791-68 RESOLVED, that having considered the report and recommendation of the Supt. of Operations Division, dated June 19, 1968, approved by the Director of Public Works and the Budget Director and approved for submission by the Mayor, with respect to bids received for supplying the City with sprinkler system parts and material, for the Municipal Golf Course Clubhouse lawn, and the Farmington Road median islands, the Council does hereby determine to accept the following bids for the purchase of the following equipment in the following amounts : From: Sprinkler Irrigation & Supply Co., Div. of A. J. Miller, Inc., 1316 N. Campbell Road, Royal Oak, Michigan, for: 46 - 1/2" DV 100 Automatic Drain Brass Valves @ .60¢ ea. _ $ 27.60 10 - 2" Nylon Insert Tees @ 1.20 ea. = 12.00 10 - 1-1/2" Nylon Insert Tees @ .89¢ ea. = 8.90 15 - 2" Nylon Insert Couplers @ .47¢ ea. = 7.05 15 - 2" Insert Plugs @ .36¢ ea. = 5.40 20 - 1-1/2" Insert Plugs @ .25¢ ea. = 5.00 120 - 2" x 1-1/2" Stainless Steel Clamps @ .18¢ ea. = 21.60 2 - 2-1/4 Cu x !1IP Ell @ 1.86 ea. = 3.72 Total $ 91.27 and From: Rain-Aid, Inc., 22159 Telegraph Road, Southfield, Michigan, for. 1700' - 2" Plastic Pipe @ 19.10 ft. = $ 324.70 1600' - 1-1/2" Plastic Pipe @ 10.77 per ft. = 172.32 10 lb. - 50/50 Solder @ 1.36 per lb. = 13.60 1 - Amco "C" Flux @ .900 _ .90 155 - #960 Hi-Pop Head @ 2.00 ea. = 310.00 6 - 400 ST 10 Degree Strip Head @ .90¢ ea. = 5.40 110 - 1-1/2" x 1/2" Saddles @ 1.08 ea. = 118.80 80 - 2" x 1/2 " Saddles @ 1.26 ea. = 100.80 150 - 1/2" x 1-1/2" Brass Nipples @ .26¢ ea. = 39.00 4 - 2" 305 Gee Vacuum Breakers @ 13.94 ea. 42 55.76 4 - 1-1/2" 305 Gee Vacuum Breakers @ 9.34 ea. = 37.36 12 - 4" Cast Iron Valve Covers @ .50¢ ea. = 6.00 2 - 2" Cu Tees @ 2.28 ea. = 4.56 2 - 2" x 1/2" Cu Tee @ 1.61 ea. = 3.22 2 - 2" x Cu x MIP Adaptor @ .98 ¢ ea. = 1.96 2 - 2" x 1/2" x 2" Cu Tee @ 1.61 ea. = 3.22 4 - 1/2" Step Valve @ .74¢ ea. = 2.96 4 - 2" S22 Valves @ 13.02 ea. - 48.08 3 - 1-1/2" Cu Tee @ 1.30 ea. = 3.90 3 - 1-1/2" x 1-1/2" Cu Tee @ .88¢ ea. - 2.64 3 - 1-1/2" Cu x MIP Ell @ 1.21 ea. = 3.63 3 - 1-1/2" Ct x MIP Adaptor @ .8l¢ ea. = 2.43 9726 3 - 1-1/2" x 1/2" x 1-1/2" Cu Tee @ .88¢ ea. = 2.64 6 - 1/2" Step Valves @ .74¢ ea. = 4.44 6 - 1-1/2" S22 Valves @ 8.44 ?a = 50.64 $1,318.96 for a grand total of $1,410.23 for these materials, the same having been in fact the lowest bids received with respect to the foregoing items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Raymond, McCann, Nash and McNamara. NAYS: Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman McCann, it was #792-68 RESOLVED, that having considered the report and recommendation of the Supt. of Operations Division, dated June 19, 1968, approved by the Director of Public Works and the Budget Director, and approved for submis- sion by the Mayor, the Council does hereby accept the bid of the Radio Corp. of America, 18411 W. Seven Mile Road, Detroit, Michigan 48219, for supplying the City with four (4) new RCA Model CALB3 MBA/TQA Mobile Radio units at a unit cost of $795.45, or a total cost of $3,181.80, less $15.00 for trade-in of one (1) 1957 General Electric unit, Serial#A-10863 (radio #32), for a total net price of $3,166.80, 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, Ventura, Raymond, McCann, Nash and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was #793-68 RESOLVED, that having considered a communication dated June 25, 1968 received from the Parks and Recreation Commission, approved by the Budget Director and approved for submission by the Mayor, with respect to bids received for playground equipment for the fiscal year 1968, the Council does hereby determine to accept the bids received with respect to the items set forth in the attachment to the aforesaid communication, for the sum of $1,655.18, the same having been in fact the lowest bids received with respect to each of the items or the lowest bid received meeting specifications. A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS: None. 9727 By Councilman Nash, seconded by Councilman Kleinert, it was #794-68 RESOLVED, that having considered a communication dated June 19, 1968 from the Supt. of Operations Division, approved by the Director of Public Works and the Budget Director and approved for submission by the Mayor, the Council does hereby determine to accept the following bids for supplying the city with corrugated metal pipe, in the following manner: From Beach Manufacturing Company, 202 Morrell Street, Charlotte, Michigan, 48813: 50 pcs. (1000' ) of 12" x 20' , 16 gauge, Corrugated Metal Pipe, M.S.H.D. Specs, at $1.65 per ft. = $1,650.00 15 pcs. 12", 16 gauge, Corrugated Metal Bands, w/2 bolt holes and a draw hole in angles. Bolts to be supplied, @ $L.65 ea. = 24.75 Total $1,674.75 and From Republic Steel Corp., Manufacturing Div., 19983 Livernois, Detroit, Michigan 48221: 15 pcs. (500' ) of 6" x 20' , 18 gauge Corrugated Metal Perforated Pipe, meeting A.A.S.H.O. M136 Specs, @ .67¢ per ft. = $ 335.00 10 pcs. 6", 18 gauge Bands w/2 bolt holes. Bolts to be supplied, @ .67¢ ea. = 6.70 Total $ 341.70 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: Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS : None. By Councilman Ventura, seconded by Councilman Raymond, it was #795-68 RESOLVED, that having considered a communication dated June 25, 1968 from the Chief of the Fire Division, approved by the Mayor, the Director of Public Safety, and the Budget Director, the Council does hereby accept the bid of The Radio Corporation of America for supplying the City with two (2) Mobile Radios for the Livonia Fire Division for the price of $1,694.00, the same having been in fact the lowest bid meeting all specifi- cations received with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS: None. 9728 L Councilman Raymond introduced the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND Petition No. 68-1-3-1 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 Vantura introduced the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND Petition No. 68-2-3-3 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. L 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 7 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. 66-7-1-22 FOR CHANGE OF ZONING FROM R-5-C to R-7. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura introduced the following Ordinance: L AN ORDINANCE AMENDING SECTION 12 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 N0.67-10-1-37 FOR CHANGE OF ZONING FROM R-7 to PS. 9729 LThe 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 Raymond introduced the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 662 OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "SWIMMING POOL ORDINANCE," BY AMENDING SECTION 3.10 OF ARTICLE III THEREOF. 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. *The Chair requested the City Clerk to direct representatives of the Zoning Board of Appeals and the Building Department be present at the second reading and roll call of the foregoing Ordinance. Councilman Nash introduced the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 449, AS AMENDED, KNOWN AND CITED AS THE "BUILDING CODE ORDINANCE OF THE CITY OF LIVONIA," BY AMENDING SECTION 4.09 OF ARTICLE IV THEREOF. 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 Kleinert, seconded by Councilman Ventura, and unanimously adopted, it was #796-68 RESOLVED, that having considered a communication from the City Planning Commission dated June 11, 1968 submitting its resolution #5-63-68 wherein it is recommended that the preliminary plat of Westward Industrial 9730 Subdivision located in the Northwest 1/4 of Section 28 be approved, the Council does hereby determine to defer action with respect to the same pending receipt from the Department of Public Works of its report and recommendation as to the adequacy of proposed improvements, compliance with all, subdivision improvement requirements of the City, and the estimated total cost of all proposed and required public improvements, utilities and grading, in accordance with the Plat Ordinance, Ordinance No. 500, as amended. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #797-68 RESOLVED, that having considered a communication from the City Planning Commission dated June 11, 1968 submitting its resolution #5-62-68 wherein it is recommended that the preliminary plat of Burton-Share's Westside Industrial Subdivision located in the Northwest 1/4 of Section 28 be approved, the Council does hereby determine to defer action with respect to the same pending receipt from the Department of Public Works of its report and recommendation as to the adequacy of proposed improve- ments, compliance with all subdivision improvement requirements of the City, and the estimated total cost of all proposed and required public improvements, utilities, and grading, in accordance with the Plat Ordinance, Ordinance No. 500, as amended. By Councilman Kleinert, seconded by Councilman Raymond, it was #798-68 RESOLVED, that having considered the report and recommendation from the City Engineer, dated July 5, 1968, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Item No. 3 of Council Resolution No. 662-66, adopted on July 11, 1966, and as subsequently amended in council resolutions #679-67, 883-67, and #1298-67, so as to reduce the Sidewalk Bond now on deposit with the City for Kingsbury Heights Subdivision No. 3 to $1,000 in Cash to cover the cost of cleanup and miscellaneous adjustments in the said subdivision; further, the financial assurances now on deposit with the City for general improvements shall remain the same, 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: KieRiEriSe0::::itthuartalhileallotrit:1 McCann, Nash and McNamara. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was of the paving and drainage of Doris IwoAvenue, from Five Mile to Puritan, be referred to the next study session. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert and Ventura. NAYS: Raymond, McCann, Nash and McNamara. The President declared the resolution denied. 9731 *Councilman Ventura was excused at 9:40 P. M. for the balance of the meeting. By Councilman Nash, seconded by Councilman Raymond, it was #799-68 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated April 11, 1968 on all matters required by Section 3.03 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on June 10, 1968 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 installing pavement and drainage on Doris Avenue from Five Mile Road to Puritan Avenue in the S.E. 1/4 of Section 14, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improve- ment 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 said improvement as set forth in said statement dated April 11, 1968, (4) determine that the estimated cost of such improvement is $75,690.95 (Alternate III set forth in the aforesaid communication), or in the alternative, $81,267.35 (Alternate I); (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; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $2,240.00 (Alternate III) or in the alternative, $2,430.00 (Alternate I) for intersections, and the balance of said cost and expense of said public improvement amounting to $73,450.95 (Alternate III), or in the alternative, $78,837.35 (Alternate I) 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 the assessment 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 unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows; Imig A special assessment district located in the S. E. 1/4 of Section 14, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan being more particularly described as follows: 9732 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 beginning at the South 1/4 corner of said section 14 and proceeding thence N. 0° 03' 10" W. along the north and south 1/4 line of Section 14 2639.63 feet to the center corner of Section 14; thence east along the east and west 1‘4 line of Section 14 412.38 feet; thence S. 0° 03' 0" E. 2640.23 feet to the south line of Section 14; thence N. 89° 55' W. along said south line 412.78 feet to the point of beginning. (9) that the City Assessor is hereby directed to prepare a special assess- ment 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 (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 to 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: Kleinert, Raymond, McCann, Nash and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Raymond, it was *#799A-68 WHEREAS, pursuant to due and propernotice published and mailed to all property owners in Special Assessment District No. more particularly described in Council Resolution No. 80-68 adopted on Jan. 31, 1968, as required by the provisions of the City Charter and Ordinance No. 401, as amended, of the City of Livonia, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street light- ing is to be installed, such roll having been prepared on the basis of street lighting being installed on the Franklin Square Apartment Site as well as on Lancaster, Garden, and Cavour Avenues in Section 13 in the City of Livonia, Michigan, with ornamental street lights with underground wiring, in said Special Assessment District No. ; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said lights shall be installed with ornamental street lights with underground wiring and that the assessments set forth in said Special Assessment District No. Roll are fair and equitable and 9733 based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No. , based on installation of ornamental street lighting with underground wiring is hereby approved and confirmed in all respects; pursuant to the provisions of Section 3.10 of Ordinance No.401, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Ordinance No. 401, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Raymond and McNamara. NAYS: McCann and Nash. *The foregoing item was reconsidered later in the meeting and was subse- quently tabled. By Councilman Nash, seconded by Councilman Kleinert, it was #800-68 RESOLVED, that having considered a communication dated May 2, 1968 from the City Planning Commission which sets forth its resolution #4-45-68 in regard to Petition #68-3-2-3, as submitted by Pure Oil Division of the Union Oil Company of California, requesting permission to construct and operate a gasoline service station as a waiver use on property located at the northeast corner of Seven Mile Road and Newburgh Road in Section 5, which property is zoned C-2, and the Council having conducted its public hearing with regard to this matter on June 17, 1968, pursuant to council resolution #513-68, and the Council having considered petitions submitted with respect to this matter by residents living in the area as well as a communication dated May 3, 1968 from the Union Oil Company of California, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition #68-3-2-3 is hereby denied for reasons similar to those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Raymond, McCann, Nash and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #801-68 RESOLVED, that having considered a communication dated June 25, 1968 from the Department of Law transmitting for Council acceptance a Quit Claim Deed dated May 25, 1968 executed by Charles J. Gillies and Maureen Gillies, his wife, which deed purports to convey to the City of Livonia a right-of-way the legal description of which is as follows: 9734 The North 60.00 ft. of the East 754.39 ft. of the West 814.39 ft. of that parcel of land described as • Beginning at a point 20 rods South of the N. W. corner of the South 3/10 of the West 1/2 of the N. W. 1/4 of Section 3, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, and running thence South 18 rods; thence East 80 rods more or less to the East line of said South 3/10 of said West 1/2 of the N. W. 1/4 of said Sec. 3, thence North 18 rods along said East line, thence West to place of beginning. 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 performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Raymond, McCann, Nash and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #802-68 RESOLVED, that pursuant to the report and recommendation of the City Engineer dated June 19, 1968, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release, to the proprietor, of the $9500 Cash Bond establish- ed by Council Resolution #699-67 adopted on June 28, 1967, as subsequently amended by Council Resolution #1110-67 adopted on October 25, 1967 and deposited to insure the installation of improvements in the Plymouth- Levan Industrial Subdivision No. 2, it appearing from the aforementioned report and recommendation that all improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia; and the City Clerk and the City Treasurer are herein 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, Raymond, McCann, Nash and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #803-68 RESOLVED, that pursuant to the report and recommendation of the City Engineer, dated June 20, 1968, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release, to the proprietor, of the General Improvement Bond in the amount of $5500 cash, and the sidewalk bond in the amount of $12,000 of which $2400 is in cash, as well as the release of the $1,000 Escrow Payment for Bell Creek Maintenance, deposited with the City in accordance with 9735 council resolution #651-65 adopted on June 30, 1965, as subsequently amended by council resolutions No. 174-66 and No. 1237-66, to guaranty satisfactory improvements to be installed in the Greenwood Farms Subdivision located in the Southeast 1/4 of Section 18, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia; 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: Kleinert, Raymond, McCann, Nash and McNamara. NAYS: None. By Councilman Raymond, seconded by Councilman Nash, it was #804-68 RESOLVED, that the Council does hereby determine to reconsider the action taken earlier in this meeting with respect to the installation of street lights in the Franklin Square Apartments, as well as Lancaster, Garden & Cavour Avenues in Section 1, City of Livonia. LA roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, McCann and Nash. NAYS: Kleinert and McNamara. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #805-68 RESOLVED, that the Council does hereby determine to table the matter of the installation of street lights in Franklin Square Apartments, as well as Lancaster, Garden and Cavour Avenues in Section 1 of the City of Livonia. By Councilman Kleinert, seconded by Councilman McCann, and unanimously adopted, it was #806-68 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 L does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, September 30, 1968 at 8:00 p. m. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to: 9736 Petition No. 67-12-1-41 submitted by Norman Liebert of Supreme Tri-Bit Company for a change of zoning on property located on the west side of Shadyside south of the center line of Eight Mile Road, in the Northwest 1/4 of Section 3, from C-2 and R-3-A to P, the City Planning Commission having in its resolution #5-68-68 recommended to the City Council that Petition No. 67-12-1-41 be approved; further, 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 news- paper 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. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #807-68 RESOLVED, that having considered a communication from the City Engineer dated June 19, 1968, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property to be affected by the proposed paving of Brookfield Avenue between Schoolcraft and Lyndon Avenue, and Perth Avenue west of Brookfield Avenue, in the Southwest 1/4 of Section 22 in the 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 obligation of the City, the number of install- ments 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 specifica- tions and recommendations have been properly filed by the City Engineer with the City Clerk under date of June 19, 1968 and that there has been a full compliance with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Monday, September 30, 1968, at 8.00 p. m. as the date and time for a public hear- ing 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. 9737 By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #808-68 RESOLVED, that the Council having adopted resolution #159-68 at its regular meeting held on February 28, 1968 requiring the City Engineer to ascertain the assessed valuation of all property to be affected by the proposed installation of sidewalks on the south side of Eight Mile Road from Angling to Middlebelt Road, in the North 1/2 of Section 1, City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels which are 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 obligation 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 June 19, 1968 and that there has been a full compliance with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Monday, September 30, 1968, at 8:00 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 as is required by Section 3.04 of said ordinance. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #809-68 RESOLVED, that the Council having adopted resolution #159-68 at its regular meeting held on February 28, 1968 requiring the City Engineer to ascertain the assessed valuation of all property to be affected by the proposed installation of sidewalks on the south side of Eight Mile Road from Merriman Road to Middlebelt Road, in the North 1/2 of Section 2, City of Livonia, Wayne County, Michigan, 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 recom- mendation 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 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 9738 the City Engineer with the City Clerk under date of June 19, 1968 and that there has been a full compliance with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure,"the Council does hereby set Monday, September 30, 1968 at 8:00 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. By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was #810-68 WHEREAS, pursuant to the direction of the City Council in its resolution No. 443-68 adopted on May 8, 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 June 20, 1968 an assessment roil dated June 20, 1968 covering installation of paving and drainage on a proposed north-south industrial road (Westmore Avenue), and on an east-west industrial road (Industrial Road) in the N. W. 1/4 of Section 27, City of Livonia, Wayne County, Michigan, contain- ing 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. 443-68, 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 8.00 p.m. on Monday, September 16, 1968 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 circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of September 16,. 1968, and 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 Kleinert, it was 9739 #811-68 RESOLVED, that having considered a communication from the Asst. City Engineer, dated June 19, 1968, approved by the City Engineer and the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the Final Payment in the amount of $1950.51 to the J. D. Armstrong Landscape Company, 37328 Utica Road, Frazer, Michigan, which sum represents the balance due on a contract between that company and the City of Livonia, dated May 31, 1968 for seeding and sodding the site of the Alfred E. Noble Library, it appearing from the aforemen- tioned communication that the necessary contractor's affidavit has been filed and that all work under the said contract has been completed in accordance with the City's standards and specifications; and 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: Kleinert, Raymond, McCann, Nash and McNamara. NAYS : None. By Councilman McCann, seconded by Councilman Kleinert, it was #812-68 RESOLVED, that having considered a communication from the Asst. City Engineer, dated June 19, 1968, approved by the City Engineer and the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the Final Payment in the amount of $1093.30 to the Lawn Sales & Service, 6471 16 Mile Road, Warren, Michigan, 48092, which sum represents the balance due on a contract between that company and the Cityc;of Livonia, dated May 15, 1967, for the installation of a Lawn Irrigation System at the Alfred E. Noble Library Site, it appearing from the aforementioned communication that the neces- sary contractor's affidavit has been filed and that all work has been completed in accordance with the specifications, and 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: Kleinert, Raymond, McCann, Nash and McNamara. NAYS : None. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #813-68 RESOLVED, that having considered a communication dated July 15, 1968 from the Denmar Estates Civic Association regarding the installation of identifying markers on existing right-of-way as entrance markers to the Denmar Estates Civic Association, the Council does hereby request that the Department of Law prepare an appropriate agreement in which the City gives authorization to the Denmar Estates Civic Association to use necessary portions of rights-of-way for the above stated purpose; and the Mayor and the City Clerk are herein authorized to affix their signatures for and in behalf of the City of Livonia to the aforesaid agreement. 9740 By Councilman Kleinert, seconded by Councilman McCann, it was #814-68 RESOLVED, that having considered a communication from the Asst. Director of Public Works, dated June 19, 1968, approved by the Mayor, the Director of Public Works and the Budget Director, with respect to the costs involved in the 1968 "Clean Up Week" collections, the Council does hereby appropriate the sum of $233.88 for this purpose and the Municipal Refuse Fund for 1968 is hereby amended so as to include such additional sum of $233.88 in order to accomplish this matter. A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert, Raymond, McCann, Nash and McNamara. NAYS : None. By Councilman Nash, seconded by Councilman Kleinert, it was #815-68 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 17, 1968, and the report and recommendation dated June 19, 1968 from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Jules S. Abbosh, Sr., and Sami P. Murad to transfer ownership of a 1968-1969 SDM licensed business from Melody Distributing Company located at 15401 Newburgh Road, Livonia, Michigan, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Ilichigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result AYES: Kleinert, Raymond, McCann, Nash and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #816-68 RESOLVED, that having considered the letter dated July 1, 1968 from James F. Finn, Attorney, 15929 West Seven Mile Road, Detroit, Michigan relative to the final plat approval of Lou Har Subdivision, the Council does hereby determine to discharge from the Committee of the Whole, referred in council resolution #733-68 with respect to petition #68-1-6-1, relative to a proposed amendment to the Zoning Ordinance, Ordinance #543, as amended, in connection with the waiving of lot depth requirements, such proposed amendment to be considered at the next regular meeting of the Council to be conducted on July 31, 1968. By Councilman Nash, seconded by Councilman Raymond, and unanimously Ladopted, it was #817-68 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. 9741 By Councilman Nash, seconded by Councilman Raymond, and unanimously adopt- ed, it was #818-68 RESOLVED, that having considered a request dated July 18, 1968 from Mr. and Mrs. William Wagner, 10003 Cardwell, Livonia, Michigan, regarding an exception from certain requirements prescribed in Ordinance No. 662, as amended, in connection with the construction of a private swimming pool to be located at the aforesaid address, the Council does hereby grant the request for such an exception of the Ordinance pursuant to Section 3.10 of Ordinance No. 662, as amended, and authorizes the issuance of a Building Permit to construct the said swimming pool on the aforesaid property eight (8) feet from the adjacent side property line in lieu of the ten (10) feet required, in the manner as shown on the map attached to the aforesaid communication. By Councilman Raymond, seconded by Councilman Nash, it was #819-68 RESOLVED, that the Council does hereby request that the Depart- ment of Law submit its report relative to the availability and ramifica- tions involved with the proposed acquisition of Parcel 22c369b-466 located on Five Mile Road, which property is 8.93 acres in size and is adjacent to and east of the City Hall and the Civic Center Site. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Raymond, McCann, Nash and McNamara. NAYS: None. On motion of Councilman Nash, seconded by Councilman McCann, and unanimous- ly adopted, this 615th regular meeting of the Council of the City of Livonia, was duly adjourned at 10:12 P. M., July 24, 1968. CL--- ---14.__e...-0—xj ZL--- --e. --4------ ADDISON W. BACON,( it Clerk