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HomeMy WebLinkAboutCOUNCIL MINUTES 1968-01-17 y23 L MIISUTrS OF THE FIVE HUNDRED NLTETY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 17, 1968, the above meeting was held at the City Hall, 33001 rive Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:18 P. M. Councilman McNamara delivered the invocation. moll was called with the following result: Present--Peter A. Ventura, Rudolf R. Kleinert, Edward H. McNamara, Jerry Raymond, Robert F. Nash, and Edward G. Milligan. Absent: Jack Salvadore. Elected and appointed officials present: Addison W. Bacon, City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, Chief Assistant City Attorney; Dan Andrew, Industrial Coordinator; David L. Jones, Water and Sewer Commissioner; Donald Nicholson, Director of Public Safety; William J. Strasser, City Engineer; John T. Dufour, Superintendent of Parks and Recreation; U. E. Cooper, Director of Civil Defense; James Miller, Personnel Director; Thomas J. Griffiths, Jr., Chief Accountant; Victor C. Phillips, Budget Director; and Norman Stelzer, Chairman of the Parks and Recreation Commission. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #43-68 RESOLVED, that the minutes of the 595th regular meeting of the Council of the City of Livonia, held January 10, 1968, are hereby approved. The following preamble and resolution were offered by Councilman Nash and supported by Councilman Raymond: #411-68 WHEREAS, the qualified electors of the City of Livonia, County of Wayne, Michigan, pursuant to the authorization provided by law and the City Charter, at a Special Election duly called and held in said City on Tuesday, November 21, 1967, did by more than the required majority of those voting approve the following proposition: 9238 Street and Highway Bonding Proposition Shall the City of Livonia, County of Wayne, Michigan, borrow the sum of not to exceed Nine Million Eight Hundred Thousand ($9,800,000.00) Dollars and issue the general obligation bonds of the City therefor, for the purpose of paying the City's share of the cost of paving, widening, im- proving and acquiring necessary additional rights- of-way for streets and highways within the City, including necessary railroad grade separations, sidewalks, curb and gutter and proper drainage facilities? and WHEREAS, it is now deemed advisable to issue bonds in the aggregate principal amount of Four Million ($4,000,000.00) Dollars, as part of said authorized issue of bonds, NOW, THEREFORE, BE IT RESOLVED THAT. 1. Bonds of the City of Livonia, County of Wayne, Michigan, designated GENERAL OBLIGATION STREET IMPROVEMENT BONDS, SERIES I, be issued in the aggregate principal sum of Four Million ($4,000,000.00) Dollars, as part of the total issue of bonds authorized by the qualified electors of the City on November 21, 1967, for the purposes specified on the face of the ballot, as set forth above, said issue to consist of eight hundred (800) bonds of the denomination of $5,000.00 each, dated as of May 1, 1968, numbered in direct order of maturity from 1 to 800, inclusive, and maturing serially, without option of prior redemption as follows $ 50,000.00 April 1, 1969, $100,000.00 April 1, 1970, $150,000.00 April 1, 1971, $200,000.00 April 1st of each of the years 1972 and 1973, $250,000.00 April 1st of each of the years 1974 and 1975, $300,000.00 April 1st of each of the years 1976 and 1977, $350,000.00 April 1st of each year from 1978 to 1981,inclusive, $400,000.00 April 1st of each of the years 1982 and 1983. Said bonds shall be coupon bonds and shall bear interest at a rate or rates to be determined on public sale thereof, but in any event not exceeding six per cent (6%) per annum, payable on April 1, 1969, and semi-annually thereafter on October 1st and April 1st of each year, both principal and interest to be payable at a bank or trust company qualified to act as such by law, to be designated by the original purchaser of the bonds, who may also designate a co-paying agent or agents having like qualifications. 2. Said bonds may be registered as to principal only in the manner and under the terms and conditions more particularly set forth in the form of bond hereinafter provided. 9239 3. Said bonds shall be signed in the name of the City by the Mayor and countersigned by the City Clerk and City Treasurer and shall bear the City seal, and the interest coupons annexed thereto shall bear the facsimile signatures of the Mayor and City Treasurer. Said bonds, when executed, shall be delivered to the City Treasurer and be delivered by him to the purchaser thereof upon payment of the purchase price thereof in accordance with the bid therefor, when accepted. Upon receipt of the purchase price there shall be deposited in the Debt Retirement Fund of the City the premium and accrued interest received on the bonds herein authorized. 4. Commencing with the year 1968, it shall be the duty of the City to levy a tax annually in an amount sufficient so that the estimated collections therefrom will be sufficient to promptly pay when due the interest on such bonds and that portion of the principal thereof falling due before the time of collection of the following year's tax collection. Said tax, as collected, shall be deposited into the Debt Retirement Fund of the City and allocated on the books and records of the City for the purpose of paying the principal of and interest on said bonds when due. If at the time of making any annual tax levy there shall be moneys on hand in the Debt Retirement Fund allocated for the payment of the bonds authorized by this resolution, then credit therefor may be taken upon such annual levy for principal or interest as the case may be. 5. Said bonds and coupons shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA GENERAL OBLIGATION STREET IMPROVEMENT BOND SERIES I No. $5,000.00 KNOW ALL MEN BY THESE PRESENTS, that the City of Livonia, County of Wayne, State of Michigan, acknowledges itself to owe, and for value received, hereby promises to pay to the bearer hereof, or if registered to the registered holder, the sum of FIVE THOUSAND DOLLARS lawful money of the United States of America, on the first day of April, A.D., 19 , with interest thereon from the date hereof until paid at the rate of per cent ( t%) per annum, payable on April 1, 1969, and semi-annually thereafter on the first day of October and April of each year, upon presentation and surrender of the proper interest coupons hereto attached as they severally become due. Both principal of and interest on this bond are payable at 3 9240 or at the option of the holder at and for the prompt payment of this bond, both principal and interest, the full faith, credit and resources of the City of Livonia are hereby irrevoca- bly pledged. This bond iscne of a series of eight hundred (800) bonds of even date and like tenor, except as to rate of interest and date of maturity, aggregating the principal sum of $4,000,000.00,numbered consecutively in direct order of maturity from 1 to 800, inclusive, being part of a total authorized issue of $9,800,000.00, issued for the purpose of paying the City's share of the cost of paving, widening, improving and acquiring necessary additional rights-of-way for streets and highways within the City, including necessary railroad grade separations, sidewalks, curb and gutter and proper drainage facilities, in pursuance of a vote of the qualified electors of the City voting thereon at a Special Election duly called and held on November 21, 1967, and in pursuance of a resolution adopted by the City Council in accordance with the provisions of the City Charter. This bond is not subject to prior redemption. This bond may be registered as to principal only in the name of the holder on books kept by the City Treasurer, and such registration noted on the back hereof by the City Treasurer, after which no transfer shall be valid unless made on the said books and noted hereon in like manner, but transferability by delivery may be restored by registration to bearer. Such registration shall not affect the negotiability of the interest coupons. This bond is payable out of the debt retirement fund of the City of Livonia, and it is hereby certified and recited that all acts, conditions and things required by law to be done, precedent to and in the issuance of this bond and the series of bonds of which this is one, exist and have been done and performed in regular and due form and time as required by law, and that the total indebtedness of said city, including this bond, does not exceed any constitutional, statutory or charter limitation. IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of Michigan, by its City Council, has caused this bond to be signed in the name of said city, by its Mayor and to be countersigned by its City Clerk and City Treasurer and its corporate seal to be hereunto affixed, and has caused the annexed interest coupons to be executed with the facsimile signatures of its Mayor and City Treasurer, all as of the first day of May, A.D. , 1968. CITY OF LIVONIA By Mayor (Seal) Countersigned: City Clerk City Treasurer 9241 (Form of Coupon) No. On the first day of , A.D. , 19 the City of Livonia, County of Wayne, State of Michigan, promises to pay to the bearer hereof the sum shown hereon at , OR AT THE OPTION OF THE HOLDER at 3 being the interest due that date on its General Obligation Street Improve- ment Bond, Series I, dated May 1, 1968, No. Mayor City Treasurer REGISTRATION NOTHING TO BE WRITTEN HEREON EXCEPT BY THE CITY TREASURER Date of Registration : Name of Registered Owner : Retistrar • • • • 6. The City Clerk shall make application to the Municipal Finance Commission for an order granting permission for the issuance of said bonds. 7. The City Clerk shall attach to each application to the Municipal Finance Commission a certified copy of the complete proceedings pursuant to the bond issue. 8. The City Clerk is authorized and hereby ordered to publish notice of sale of the bonds herein authorized in The Bond Buyer, of New York, New York, and in the Livonian, a newspaper of general circulation in the City of Livonia, which notice of sale shall be in substantially the following form: OFFICIAL NOTICE OF SALE $4,000,000.00 CITY OF LIVONIA COUNTY OF WAYNE, MICHIGAN GENERAL OBLIGATION STREET IMPROVEMENT BONDS SERIES I 9242 Sealed bids for the purchase of the above bonds will be received by the undersigned at his office, located in the City Hall, 33001 Five Mile Road, Livonia, Michigan, on , the day of , 1968, until 7.30 o'clock p.m. , Eastern Standard Time, at which time and place said bids will be publicly opened and read and promptly submitted to the City Council for its action thereon. Said bonds will be dated May 1, 1968, will be coupon bonds of the denomination of $5,000.00 each, registrable as to principal only, will be numbered consecutively in direct order of maturity from 1 to 800, inclusive, shall bear interest from their date at a rate or rates not ex- ceeding six per cent (6%) per annum, expressed in multiples of 1/8 or 1/20 of 1%, or any combination thereof. Said interest will be payable on April 1, 1969, and semi-annually thereafter on October 1st and April 1st of each year, both principal and interest to be payable at a bank or trust company qualified by law to act as paying agent to be designated by the purchaser of the bonds, who shall also have the right to designate a co-paying agent or agents having like qualifications, which paying agents shall be subject to approval by the City Council. The interest rate on any one bond shall be at one rate only and all bonds maturing in any one year must carry the same interest rate and each coupon period shall be represented by one interest coupon. Accrued interest to the date of delivery of such bonds shall be paid by the purchaser at the time of delivery. Said bonds will mature serially, without option of prior redemption, as follows : $ 50,000.00 April 1, 1969, $100,000.00 April 1, 1970, $150,000.00 April 1, 1971; $200,000.00 April 1st of each of the years 1972 and 1973; $250,000.00 April 1st of each of the years 1974 and 1975; $300,000.00 April 1st of each of the years 1976 and 1977; $350,000.00 April 1st of each year from 1978 to 1981, inclusive; $400,000.00 April 1st of each of the years 1982 and 1983. For the purpose of awarding the bonds the interest cost of each bid will be computed by determining, at the rate or rates specified therein, the total dollar value of all interest on the bonds from (here insert the first day of the month next following the date of receiving bids, or the date of the bonds, whichever is later) to their maturity and deducting therefrom any premium. The bonds will be awarded to the bidder whose bid on the above computation produces the lowest interest cost to the City. Each bidder shall state in his bid the interest cost to the City, computed in the manner above specified. No proposal for the purchase of less than all of the bonds or at a price less than 10.'. of their par value will be considered. The said bonds are payable from ad valorem taxes to be levied without limitation as to rate or amount. 92+3 A certified or cashier's check in the amount of $80,000.00, drawn upon an incorporated bank or trust company and payable to the order of the City Treasurer of the City of Livonia, must accompany each bid as a guaranty of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid is accepted and the bidder fails to take up and pay for the bonds. No interest shall be allowed on the good faith checks, and checks of unsuccessful bidders will be promptly returned to each bidder's representative or by registered mail. Bids shall be conditioned upon the unqualified opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, which opinion will be furnished without expense to the purchaser of the bonds prior to the delivery thereof, approving the legality of the bonds, the text of which opinion will be printed on the reverse side of each bond. The City Shall furnish bonds ready for execution at its expense. Bonds will be delivered without expense to the purchaser of the bonds at Detroit, Michigan, Chicago, Illinois, or New York, New York, or such other place as may be agreed upon with the purchaser. The usual closing documents, including a certificate that no litigation is pending affecting the issuance of said bonds, will be delivered at the time of the delivery of the bonds . Payment for said bonds shall be made in Federal Reserve Funds. The right is reserved to reject any or all bids. Envelopes containing the bids should be plainly marked "Proposal for Bonds." Clerk, City of Livonia APPROVED: STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION 9. The estimated period of usefulness of said street improvements is not less than twenty (20) years. 10. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following_result• AYES : McNamara, Raymond, Nash, Milligan and Ventura. NAYS: Kleinert. The President declared the resolution adopted. The President of the Council acknowledged receipt of a veto message from the Mayor, dated January 17, 1968, of Ordinance #666 adopted on January 10, 1968, which changed the zoning classification of a parcel of land in Section 2 from RUFA to R-7. 9244 LCouncilman Milligan re-introduced the following Ordinance : AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE #543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO, RE:PETITION #67-6-1-23, FOR CHANGE OF ZONING FROM RUFA TO R-7, INTRODUCED BY COUNCILMAN MILLIGAN ON DECEMBER 18, 1967. A roll call vote was taken on the foregoing Ordinance with the following result AYES : McNamara, Raymond, *Nash, Milligan, Kleinert and Ventura. NAYS : None. The President declared the Mayor's veto overruled, the Ordinance duly adopted, and would become effective on publication *Councilman Nash made the following statement: I am changing my stand on Lthe Ordinance for the following reasons : 1. I am still opposed to the number of units in this complex. 2. I aminterestedin inter-related zoning which is now under study, and which I have mailed to the Clarenceville School District and to Civic Associations. 3. Citizens in this area have shown that they want apartments in this case. 4. I do not approve of the harassment that is the essence of the Mayor's veto. *Councilman Raymond was excused at 8:50 P. M. The minutes of the meetings held by the Drainage Boards on November 28, 1967, with respect to Farmington Road Storm Relief Drain and Livonia Drain No. 1, were received and filed for the information of the Council. The Annual Report for the fiscal year 1966-1967, submitted by the Mayor under date of December 29, 1967, was received and filed for the information of the Council. LThe Municipal Court Report for the Month of November, 1967, was received and filed for the information of the Council. *Councilman Raymond returned at 8.53 P.M. 924 5 LCouncilman Milligan introduced the following Ordinance AN ORDINANCE AMENDING SECTION 25 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMEND- ING 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. 67-4-1-15 FOR CHANGE OF ZONING FROM R-1 TO P. 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 McNamara introduced the following Ordinance AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMEND- ING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING L. ORDINANCE", BY ADDING SECTION 3. THERETO, RE: PETITION NO. 67-6-1-22 FOR CHANGE OF ZONING FROM RUFB to C-l. 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 McNamara introduced the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 67-7-3-4) 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 L meeting of the Council. Councilman McNamara introduced the following Ordinance . AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 67-7-3-5) 9246 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 Milligan introduced the following Ordinance : AN ORDINANCE AMENDING SECTION 8 OF ORDINANCE NO. 327 OF THE CITY OF LIVONIA ENTITLED, "AN ORDINANCE TO ESTABLISH THE SESSIONS FOR THE MUNICIPAL JUDGE; THE HOURS AND PLACE OF HOLDING COURT, TO PROVIDE FOR THE REGULATION OF HEARING DATES, TO ESTABLISH JURISDICTION OF CIVIL ACTIONS; AND TO PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF A SUBSTITUTE MUNICIPAL JUDGE". 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 McNamara, seconded by Councilman Nash, it was #45-68 RESOLVED, that having considered a communication from the Depart- ment of Law dated December 12, 1967 transmitting for Council acceptance a Grant of Easement dated November 27, 1967 executed by the Livonia Public Schools School District by its secretary A. Edward Katz, conveying to the City of Livonia an easement in connection with the extension of Livonia Drain #11, which easement is more particularly described as : The west 20 feet of the following described parcel (Parcel 21N8a,P2) That part of the S. W. 1/4 of Section 21, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the E. and W. 1/4 section line distant N 88° 18' 16" W, 657.33 feet from the center 1/4 corner of Section 21 and proceeding thence N 88°57' 33" W along said line, 708 feet, thence S 0° 23' 02" E, 615 feet, thence S 88° 57' 33" E, 708 feet, thence N 0° 23' 02" W, 615 feet to the point of beginning. the Council does hereby accept for and in behalf of the City of Livonia L the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. 9247 A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Milligan, and unanimously adopted, it was #46-68 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 No. 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 Monday, February 26, 1968, at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, on the following items: (a) Petition No. 67-7-1-28 as amended, submitted by Brashear, Brashear, Mies and Duggan, Attorneys for Tony and Antoinette Rossi and Arthur and Jean Noggle, for a change of zoning on property located on the west side of Westmore Avenue, approximately 160 feet north of Five Mile Road and approximately 180 feet east of Farmington Road, in Section 15, from R-1 to C-2, the City Planning Commission having in its resolution #11-166-67 recommended to the City Council that Petition No. 67-7-1-28, as amended, from C-2 to C-1, be granted; (b) Petition No. 67-8-1-31 submitted by Brashear, Brashear, Mies and Duggan, Attorneys for Abe Green, Aubrey H. Ettenheimer, Leonard R. Farber, Howard Binkow and Rose-Hill Investment Company, for a change of zoning on property located at the northwest corner of Hix Road and Joy Road in Section 31, from R-1 and C-1 to C-2 and R-7, the City Planning Commission having in its resolution #11-167-67 recommended to the City Council that Petition No. 67-8-1-31 be denied; (c) Petition No. 67-9-6-6 as amended, submitted by the City Plan- ning Commission on its own motion to amend Sections 10.02 and 11.03 (c) of Ordinance No. 543, so as to provide regulations pertaining to restaurants, the City Planning Commission having in its resolution #11-160-67 recommended to the City Council that Petition No. 67-9-6-6, as amended, be granted; (d) Petition No. 67-10-1-35 submitted by the City Planning Com- mission on its own motion, for a change of zoning on property located 300 feet east of Rougeway Drive on the south side of Six Mile Road in Section 13, from RUF to C-1, the City Planning Com- mission having in its resolution #11-159-67 recommended to the City Council that Petition No. 67-10-1-35 be granted; (e) Petition No. 67-10-1-36 submitted by the City Planning Com- mission on its own motion for a change of zoning on property locat- ed on the east side of Ann Arbor Road between Ann Arbor Trail and West Chicago in Section 31, from RUF to C-1, the City Planning Com- mission having in its resolution #11-161-67 recommended to the City Council that Petition No. 67-10-1-36 be granted; 9248 further, that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement, indicating the nature and location of the proposed change of zoning and the proposed amendment to the Zoning Ordinance as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia, as well as to not less than fifteen days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or rail- road within the districts or zones affected, and the City Clerk is request- ed to do all things necessary or incidental to the full performance of this resolution. By Councilman Kleinert, seconded by Councilman Milligan, it was #47-68 RESOLVED, that having considered a communication from the City Planning Commission dated December 6, 1967, submitting its resolution #11-163-67 wherein it is recommended that the preliminary plat of Tiffany Park Subdivision No. 4, located north of Schoolcraft Road and east of Haggerty Road in the West 1/2 of Section 19, be approved, the Council does hereby determine to defer action with respect to the same pending receipt from the Department of Public Works and the Streets, Roads and Plats Committee of their report and recommendation as to 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. A roll call vote was taken on the foregoing resolution with the following result. AYES: McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman Milligan, it was #48-68 RESOLVED, that pursuant to the report and recommendation dated December 19, 1967 from the City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby amend Item No. 3 of its resolution #1046-65 adopted on November 3, 1965, as subsequently amended by council resolution nos. 575-67, 726-67 and 1207-67 so as to further reduce the financial assurances now on deposit with the City for general improvements in Dover Courts Subdivision to $9,800.00, of which $1,000.00 shall be cash to cover the cost of remaining improvements in the said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; provided, however, that the Council does hereby authorize the deduction from the cash bond presently on deposit with the City of $900.00 for ditch relocation and $800.00 for grading and topsoil purposes; further, the Council does hereby authorize the release of the $1,000.00 bond presently on deposit with the City for Bassett Drain maintenance purposes , and further, the Council does hereby authorize the reduction of the financial assurances now on deposit with the City for sidewalk improvements to $10,000.00, of which $2,000.00 shall be cash, and the financial assurances now on deposit with the City in this regard shall be reduced accordingly, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 9249 A roll call vote was taken on the foregoing resolution with the following result: L AYES : McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS : None. By Councilman Nash, seconded by Councilman McNamara, it was #49-68 RESOLVED, that having considered the report and recommendation dated December 13, 1967, from the Chief City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, concerning sidewalk construction in front of Lots 151 and 153 in the Kingsbury Heights Subdivision No. 2, and for the reasons stated therein, the Council does hereby require the owner 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, and further, said notice shall set forth that the owner of said lots and premises herein referred to shall complete said sidewalk work on or before May 31, 1968. A roll call vote was taken on the foregoing resolution with the following result: L AYES : McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Nash, it was #50-68 RESOLVED, that having considered the report and recommendation dated December 15, 1967 from the Chief City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, con- cerning sidewalk construction along the east side of Newburgh Road north of Myrna. Avenue adjacent to Bureau of Taxation Parcel 12a1 and Lots 353, 354 and 355 of the Country Homes Estates Subdivision #2, and for the reasons therein stated, the Council does hereby require the owner 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, and further, said notice shall set forth that the owner of said lots and premises herein referred to shall complete said sidewalk work on or before May 31, 1968. A roll call vote was taken on the foregoing resolution with the following result: L AYES: McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS: None. The item on the agenda relative to a communication from Julius E. Allen of the law firm of Allen and Tendler with respect to an application for B-Hotel License, was removed at the request of Mr. Allen. 9250 By Councilman McNamara, seconded by Councilman Milligan, it was #51-68 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated December 20, 1967, regarding an application from Holiday Inns of America, Inc. for a new full year B-Hotel license to be located at 30375 Plymouth Road, Livonia, Michigan, and having also considered a letter dated December 12, 1967,from Mr. H. A. Hemminger with respect to this matter, the Council does hereby refer the same to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result. AYES : McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS : None. The Resolution transmitted by the City of Westland relative to Street Lighting on Joy Road from Inkster Road to Farmington Road, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Nash, and unanimously L adopted, it was #52-68 RESOLVED, that pursuant to Section 6 of Chapter VIII of the Charter of the City of Livonia, the Board of Review (Tax Assessment) shall convene for its first session on the following dates : FIRST SESSION: (Public Hearings) Tuesday - March 5, 1968 9 A.M. - 12 Noon 1 00 P.M. - 4:30 P.M. Wednesday - March 6, 1968 9 A.M. - 12 Noon 1.00 P.M. - 4 .30 P.M. Thursday - March 7, 1968 3 00 P.M. - 9.00 P.M. Friday - March 8, 1968 9 A.M. - 12 Noon 1.00 P.M. - 4.30 P.M. Saturday - March 9, 1968 9 A.M. - 4 P.M. Monday - March 11,1968 9 A.M. - 12 Noon 2 30 P.M. - 7.30 P.M. Tuesday - March 12,1968 9 A.M. - 4 P.M. Personal Property Day Wednesday - March 13,1968 9 A.M. - 12 Noon 1.00 P.M. - 4:30 P.M. Thursday - March 14,1968 3:00 P.M. - 9:00 P.M. Friday - March 15,1968 9 A.M. - 12 Noon 1:00 P.M. - 4 :30 P.M. Saturday - March 16,1968 9 A.M. - 4 P.M. and that such Board shall convene for its second session on: SECOND SESSION: (Public Hearings) Monday - March 18,1968 9 A.M. - 12 Noon 2:30 P.M. - 7.30 P.M. Tuesday - March 19,1968 9 A.M. - 12 Noon 1:00 P.M. - 4:30 P.M. Wednesday - March 20,1968 9 A.M. - 12 Noon 1:00 P.M. - 4.30 P.M. in the South Room of the Council Chambers of the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, and such additional meetings as may be necessary for the purpose of reviewing the Assessment Roll for the year 1968, and hearing any taxpayers deeming themselves aggrieved by the assessment. 9251 By Councilman McNamara, seconded by Councilman Milligan, it was #53-68 RESOLVED, that the Livonia Jaycees are hereby granted approval to have the exclusive use of the Municipal Golf Course on September 15, 1968, for a fee of $300.00, subject to the approval of the Department of Law for such action, for the State Junior Chamber of Commerce Golf Tournament. A roll call vote was taken on the foregoing resolution with the following result AYES : McNPmAra, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS : None. At 9.13 p.m. , a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. *The President of the Council relinquished the Chair at 9 44 P.M. and was excused at that time. By Councilman Kleinert, seconded by Councilman Milligan, it was #54-68 RESOLVED, that having considered a letter from the Mayor, dated January 17, 1968, to which is attached a letter from the City Engineer, dated January 17, 1968, as well as a letter dated January 15, 1968, from John E. Hiltz & Associates, Inc. , 15601 W. McNichols Road, Detroit, Michigan 48235, with respect to the matter of providing engineering services for the proposed improvement of Newburgh Road, from Plymouth Road to Eight Mile Road, the Council does hereby determine to authorize a contract to be entered into in behalf of the City of Livonia with the firm of John E. Hiltz & Associates, Inc. , Consulting Engineers, for the purpose of providing the following engineering services in connection with such improvement of Newburgh Road 1. Make all necessary surveys and prepare the legal descriptions of allproperties required for the acquisition of the necessary right- of-way and prepare a map showing the properties in sufficient detail for use in a possible condemnation suit. (Fee based on certified payroll cost plus 115%; estimated to be $35,000.00) 2. Make all necessary surveys, design and prepare plans for the desired pavement, including an adequate drainage system therefor, and prepare specifications (and furnish all required copies), proposal forms and contract documents. (Fee to be 3.5% of actual construction cost, estimated to be $62,563.00) 3. Lay out the work in the field and maintain engineering super- vision of all contractors' operations. (Fee to be 2.5% of actual construction cost, estimated to be $42,687.00) 9252 L4. The City's Engineering Division shall perform the construction inspection in connection with this project, which would result in an anticipated reduction in cost relative to fees in the amount of 3% with construction costs. (Estimated to be $53,625.00) and further, the Council does hereby request the Department of Law to prepare the subject contract in the manner indicated; and the Mayor and City Clerk are hereby authorized to execute such contract for and on behalf of the City of Livonia 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 : McNamara, Raymond, Milligan, Kleinert and Nash. NAYS: None. *Councilman Ventura returned at 9:47 P.M. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #55-68 RESOLVED, that the regular meetings of the Council for the month of February, will be held on the 21st and 28th. By Councilman McNamara, seconded by Councilman Milligan, and unanimously adopted, it was #56-68 RESOLVED, that the City Engineer provide data relative to the costs involved for the curbing of entrances and exits in the service drives of Burton Hollow Civic Association, as requested by that Subdivision in their letter dated July 28, 1967, such data to be submitted to the Streets, Roads and. Plats Committee, to which such request was referred to by council resolution #950-67. By Councilman Nash, seconded by Councilman McNamara, and unanimously adopt- ed, this 596th regular meeting of the Council of the City of Livonia was duly adjourned at 9:55 P. M., January 17, 1968. / fg. ADDISON W. BACO , 4.7 , lerk.