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HomeMy WebLinkAboutCOUNCIL MINUTES 1965-09-29 Page 7456 MINUTES OF THE FIVE HUNDRED EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 29, 1965, 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 08 P. M. Councilman McCann delivered the invocation Roll was called with the following result Present--Rudolf R Kleinert, Peter A Ventura, Edward G Milligan, John F Dooley, Edward H McNamara and James R McCann Absent--Charles J Pinto Elected and appointed officials present Addison W Bacon, City Clerk, Steve Polgar, City Attorney, Harry Tatigian, first Assistant City Attorney, Victor C Phillips, Budget Director, Robert A Shaw, Director of Public Works, Adeline Flanagan, Deputy City Treasurer, Thomas J Griffiths, Jr , Chief Accountant, Carl Demek, Super- intendent of Operations Division, John Dufour, Superintendent, Parks and Recreation, Richard Jones, Assistant Superintendent, Operations Division, Joseph Keane, Constable, Daniel R Andrew, Industrial Coordinator, William J Strasser, Chief City Engineer, and Don Hull, City Planner By Councilman McNamara, seconded by Councilman Milligan and unanimously adopted, it was #912-65 RESOLVED that, the minutes of the 507th regular meeting of the Council of the City of Livonia held September 22, 1965, are hereby approved Councilman Dooley made the following statement for the record Relative to the paragraph in connection with the matter of the 1965-66 fiscal year budget, I ask that this statement be included that when I, as a Councilman, asked Mr. Bacon whether or not he would deliver to me - when I demanded that he deliver to the Council a copy of the budget that was delivered to him by the Mayor's office on September 15th, Mr Bacon replied that he could not give me a copy of the budget for the reason that he did not have a copy to give me This I understood and I understand it now On the occasion of the meeting on September 22nd, he stated that he did not have a copy of the budget to give me and that was the reason he could not comply with Page 7457 my request to give the budget to me I ask that this be incorporated in the meeting of September 29th. The President of the Council acknowledged receipt of the letter dated September 28, 1965, from the Mayor, transmitting to the Council a copy of the 1965-66 Budget By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #913-65 RESOLVED that, the letter dated September 29, 1965, from the Mayor regarding reorganization of the Assessor's office, is hereby referred to the Committee of the Whole for review at the time of the Council budget hearings The letter dated September 22, 1965, from the Mayor regarding the Farmington Road Paving Project, was received and filed. By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was #914-65 RESOLVED that, having considered the letter dated September 22, 1965, from the Mayor, to which is attached a proposed amendment to the Building Code which would require the installation of insulated windows for certain dwellings, the Council does hereby refer the same to the Legislative Committee for its report and recommendation By Councilman Milligan, seconded by Councilman McCann and unanimously adopted, it was #915-65 RESOLVED that, having considered a letter dated September 22, 1965, from the Mayor which transmits a communication from the United Foundation, dated September 13, 1965, regarding the annual Torch Drive to be conducted during the period between October 12, 1965, to November 4, 1965, the Council does hereby refer the same to the City Clerk for disposition in accordance with the provisions set forth in Ordinance No 12, as amended, the Licensing Ordinance. By Councilman Ventura, seconded by Councilman Milligan, it was #916-65 RESOLVED that, having considered the letter dated September 22, 1965, from the Mayor, to which is attached a letter dated September 8, 1965, from the Michigan Municipal League, regarding the City's membership in the Michigan Good Roads Federation, the Council does hereby authorize the con- tinuation of the City's membership in the Michigan Good Roads Federation and does further appropriate the sum of $33 50 from the Unallocated Surplus Account to Account No 165 (Municipal Dues and Suoscriptions) for this purpose, said sum to be payable to the Michigan Municipal League, and the City Clerk and City Treasurer are hereby requested to do all things neces- sary and pertinent to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result. Page 7458 AYES: McCann, Ventura, Milligan, Dooley, McNamara and Kleinert NAYS: None The letter dated September 22, 1965, from the Allied Veterans ` Committee of Livonia, regarding the 1965 Memorial Day Parade expense report, submitted pur- suant to resolution #953-64, was received and filed By Councilman Ventura, seconded by Councilman McCann, it was #917-65 RESOLVED that, having considered a communication dated September 21, 1965, from the Department of Law, submitted pursuant to resolution #839-65, to which is attached a Warranty Deed, dated September 16, 1965, executed by Fred B Halsey and Grace L Halsey, his wife, 11155 Rossiter, Detroit, Michigan, conveying to the City of Livonia, Michigan Lot 249 of Grennada Park Subdivision of the Northeast 1/4 of the Southeast 1/4 of Section 21, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, and having also considered the Affidavit attached thereto, dated September 16, 1965, executed by Fred B Halsey and Grace L Halsey, his wife, attesting to the circumstances involved in the acquisition of Lot 249 by them, the Council does hereby accept for and on behalf of the City of Livonia the aforesaid Warranty Deed and does hereby request the City Clerk to have the Deed and Affidavid recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental thereto, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Board of County Road Commissioners of Wayne County subsequent to recording of the aforesaid Warranty Deed and Affidavit for the purpose of indicating that the condition, with reference to Lot 249, contained in a Deed dated March 11, 1965, conveying a 33-acre parcel (Henry Ford Centennial Park) to the City of Livonia by the Board of Road Commissioners of Wayne County has been complied with A roll call vote was taken on the foregoing resolution with the following result: AYES• McCann, Ventura, Milligan, Dooley, McNamara and Kleinert NAYS: None By Councilman Dooley, seconded by Councilman Milligan and unanimously adopted, it was #918-65 RESOLVED that, having considered a communication dated September 20, 1965, from the Department of Law, submitted pursuant to resolution #564-65, and the two Grants of Easements attached thereto, both dated August 9, 1965, which grants were obtained from James J Kanthe and Marion (Patsy) Kanthe, his wife, 28450 Terrence, Livonia, Michigan, in connection with the con- struction of the Bell Creek Arm, Area 5b, of the Master Sanitary Sewer Project, which easements are described as follows Parcel 13a327 An easement in the following described parcel being described as a strip of land 20 feet wide, 10 feet on either side of a centerline, said centerline being described as beginning at a point on the east line of said lot located south 177 80 feet from the N. E. corner of Page 7459 said lot and proceeding thence N 87° 17' 55" W 200 22 feet to a point of terminus on the west line of said lot located south 168 42 feet from the N. W. corner of said lot• to Lot 327 of Supervisor's Livonia Plat No 5 of part of the N. W. 1/4 of Section 13, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as recorded in liber 66 of plats, page 32, Wayne County Records, Parcel 13a328 An easement in the following described parcel being described as a strip of land 20 feet wide, 10 feet on either side of a centerline, said centerline being described as beginning at a point on the east line of said lot located south 168 42 feet from the N. E. corner of said lot and proceeding thence N 87° 17' 55" W 30 26 feet, thence S 81° 16' 47" W, 171 77 feet to a point of terminus on the west line of said lot located south 193 07 feet from the N. W. corner of said Lot• Lot 328 of Supervisor's Livonia Plat No 5 of part of the N. W. 1/4 of Section 13, T 1 S , R 9 E , City of Livonia Wayne County, Michigan, as recorded in liber 66 of plats page 32, Wayne County Records, the Council does hereby accept for and on behalf of the City of Livonia the aforesaid easements 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 By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was 4919-65 RESOLVED that, having considered a communication dated September 16, 1965, from the Department of Law, submitted pursuant to resolution 4807-65, and the Grant of Easement attached thereto, which grant was obtained from Joseph W Gilders and Mary J Gilders, his wife, 17325 Louise Avenue, Livonia, Michigan, in connection with the construction of the Bell Creek Arm, Area 5b, of the Master Sanitary Sewer Project, said easement being described as follows An easement in the following described parcel, being described as the South 12 feet, also the North 118 feet of the South 130 feet of the West 12 feet A parcel of land in the S. E. 1/4 of Section 11, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as follows. the N 1/2 of the N. E. 1/4 of the S. W. 1/4 of the S. E. 1/4 of Section 11, except the North 120 feet of the east 300 feet thereof, (Parcel MM3b) the Council does hereby accept for and on behalf of the City of Livonia the aforesaid easement and the City Clerk is 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 By Councilman McCann, seconded by Councilman Ventura and unanimously adopted, it was #920-65 RESOLVED that, having considered a communication dated September 16, 1965, from the Department of Law, submitted pursuant to resolution 4841-65, and the Grant of Easement attached thereto, which grant was obtained from Anthony Lake and Isabel Lake, his wife, 32510 Curtis Avenue, Livonia, Page 7460 Michigan, in order to construct the Curtis Arm of the Sanitary Sewer System in Area 5c, said easement being described as follows- An easement in the following described parcel, being described as the South 12 feet of the parcel (10U2)• The South 983 70 feet of the East 16 0 Acres of the West 34 0 Acres of the East 60 0 Acres of the N. W. 1/4 of Section 10, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, the Council does hereby accept for and on behalf of the City of Livonia the aforesaid 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 An Ordinance Vacating Portions of Street, Alley and Public Grounds, (Petition V-85), introduced by Councilman Ventura on September 22, 1965, was taken from the table and a roll call vote conducted thereon with the following result AYES: McCann, Ventura, Milligan, Dooley, McNamara and Kleinert NAYS• None The President declared the foregoing Ordinance duly adopted and would become effective on publication The following resolution was offered by Councilman McNamara, seconded by Councilman McCann and unanimously adopted. #921-65 WHEREAS, pursuant to the direction of the City Council in its resolution #789-65, adopted on August 18, 1965, and in accordance with Section 3 06 (and Section 4 01) 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 September 1, 1965, an assessment roll dated September 1, 1965, covering proposed installation of sidewalks along the south side of Seven Mile Road between Gillman and Floral in Section 12 of the City of Livonia, T 1 S , R 9 E , Wayne County, 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 #789-65, 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 examina- tion 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. , Monday, October 18, 1965, 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 Livonian Observer, the official newspaper of the City of Livonia which is Page 7461 published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of October 18, 1965, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class 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 Milligan, seconded by Councilman Ventura and unanimously adopted, it was #922-65 RESOLVED that, the letter dated August 24, 1965, from the Traffic Commission regarding the Lyndon and Cardwell Intersection, is hereby re- ferred to the study meeting of the Council on October 13, 1965 By Councilman Ventura, seconded by Councilman Milligan and unanimously adopted, it was #923-65 RESOLVED that, the amendment to the Ambulance Agreement between Robert Brooks and the City of Livonia be tabled until such time as the Council has all the necessary information to allow it to make an intelligent decision as to whether or not the Superior Ambulance Corporation should be allowed to take over the contract of the Brooks Ambulance Service and the Police Department is requested for a report and recommendation concerning the Superior Ambulance Corporation and its ability to perform the services under the contract, and the Legal Department is requested for a report as to the financial background of the officers of the Superior Ambulance Corporation By Councilman McNamara, seconded by Councilman Dooley, it was #924-65 RESOLVED that, having considered the report and recommendation dated September 1, 1965, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No 3 of resolution #320-62, adopted April 23, 1962, and subsequently amended by resolutions #940-62 adopted December 19, 1962, #570-63 adopted July 22, 1963, #899-63 adopted November 20, 1963, #152-64 adopted February 19, 1964, and #921-64 adopted November 25, 1964, so as to further reduce the bond for remaining improvements in Idyle Hills Estates Subdivision to $4,000 00, which shall be in cash, to cover the cost of remaining improvements in said subdivision, and the financial assurances now on deposit with the City, if any, 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 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Milligan, Dooley, McNamara and Kleinert NAYS. None By Councilman Dooley, seconded by Councilman McCann, it was #925-65 RESOLVED that, having considered the report and recommendation dated September 23, 1965, from the Chief City Engineer, approved by the Page 7462 Director of Public Works, the Council does hereby amend Item No 3 of resolution #459-65, adopted on May 5 , 1965, so as to reduce the oond for remaining improvements in Coventry Gardens West Subdivision to $11,500 00, of which at least $5,000 00 shall be in cash, to cover the cost of remaining improvements in said subdivision; and further, the Sidewalk Bond shall remain the same, and the financial assurances now on deposit with the City, if any, 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 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Milligan, Dooley, McNamara and Kleinert NAYS: None By Councilman McCann, seconded by Councilman McNamara, it was #926-65 RESOLVED that, having considered a communication dated August 27, 1965, from the Chief City Engineer and Acting Director of Public Works, regarding the City's relinquishment of an easement located within the pro- posed Coventry Gardens West Subdivision in the East 1/2 of the S. W. i/4 of Section 16, previously obtained in order to provide a pedestrial walkway to the Lincoln School located on the west side of Ashurst north of Five Mile Road, and obtained in connection with the Idyle Hills No 1 Subdivision, the Council does hereby authorize a conveyance by quit claim deed in behalf of the City of Livonia by the Mayor and City Clerk to the East Detroit Housing, Inc , of the following described property. An easement thirty (30) feet in width located in the S. W. 1/4 of Sec 16, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, the centerline of said easement being located 1000 00 ft north of and running parallel to the centerline of Five Mile Road and travers- ing the following described parcel of land: The East 1/2 of the southwest 1/4 of Sec 16 except the south 622 0 ft of the west 420 0 ft thereof, also that part described as beginning at a point on the north and south 1/4 line of said section distant N 0° 30' 30" W 910 03 ft from the south 1/4 corner of Sec 16 and proceeding thence N 0° 30' 30" W along said North and South 1/4 line 820.03 ft , thence due west 500.0 ft. , thence S 0° 30' 30" E 820 03 ft. , thence due east 500 0 ft , to the point of beginning, and the Mayor and City Clerk are hereby requested to do all things necessary and pertinent to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES McCann, Ventura, Dooley, McNamara and Kleinert NAYS : Milligan. The President declared the resolution adopted By Councilman Dooley, seconded by Councilman Ventura and unanimously adopted, it was #927-65 RESOLVED that, the letter dated May 13, 1965, from the Michigan Liquor Control Commission and the report and recommendation dated Septem- ber 14, 1965, from the Director of Public Safety in connection with transfer Page 7463 of ownership of 1965 Class C licensed business with Dance-Entertainment Permit at 28500 Schoolcraft Road, Livonia, from Louis P Begin and Harold E Gordon, so as to add Mitchell Richard Housey to the two former owners, is hereby referred to the Committee of the Whole By Councilman Ventura, seconded by Councilman McNamara, it was RESOLVED that, having considered the letter dated September 13, 1965, from the Michigan Liquor Control Commission and received by the City Clerk on September 21, 1965, and the report and recommendation dated Septem- ber 24, 1965, from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Borman Food Stores, Inc , for a new SDM license to be located at 36622 Five Mile Road, Livonia, Michigan, and the City Clerk is requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission By Councilman McNamara, seconded by Councilman McCann, it was #928-65 RESOLVED that, the letter dated September 13, 1965, from the Michigan Liquor Control Commission and the report and recommendation dated September 24, 1965, from the Director of Public Safety in connection with a new SDM license for Borman Food Stores, Inc , to be located at 36622 Five Mile Road, Livonia, is hereby referred to the Committee of the Whole A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Milligan, Dooley and McNamara NAYS: Ventura and Kleinert The President declared the resolution adopted By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #929-65 RESOLVED that, having considered the petition received by the City Clerk on September 17, 1965, from Garfield Pryor, 32600 Rayburn, Livonia, Michigan, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing Lot lb of Kristensen Estates Subdivision of part of the Southwest 1/4 of Section 15 in the City of Livonia, into four (4) parcels, the legal descriptions of which shall read as follows Parcel 1 The southerly 200 16 feet of the easterly 140 feet of Lot lb of Kristensen Estates Subdivision, of part of the S. W. 1/4 of Section 15, T 1 S , R 9 E , City of Livonia, Michigan, Parcel 2 The southerly 175 feet of the westerly 160 feet of Lot lb of Kristensen Estates Subdivision, of part of the S. W. 1/4 of Section 15, T 1 S , R 9 E , City of Livonia, Michigan, Parcel 3 All of the Westerly 160 feet except the southerly 175 feet of the westerly 160 feet of Lot No lb of Kristensen Estates Subdivision of part of the S. W. 1/4 of Section 15, T 1 S , R 9 E, City of Livonia, Michigan, Page 7464 Parcel 4 All of the easterly 140 feet except the southerly 200 16 feet of the easterly 140 feet of Lot No lb of Kristensen Estates Subdivision of part of the S. W. 1/4 of Section 15, T 1 S , R 9 E , LCity of Livonia, Michigan, as shown on the map attached to the aforesaid petition, which is made a part hereof by this reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds By Councilman McNamara, seconded by Councilman Dooley, it was #930-65 RESOLVED that, having considered the report and recommendation dated September 15, 1965, of the Chief City Engineer and the Water and Sewer Commissioner, approved by the Director of Public Works, the Council does hereby accept the unit price bid of North Line Construction Company, Inc , 40990 Savage, Belleville, Michigan, for installing the 1965 miscellaneous sanitary sewer and water main extensions, for the estimated cost of $54,182 95 (based on the Engineering Division's estimate of units of work involved), and subject to a final payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution, and further, that portion of resolu- tion #389-65, which appoints the firm of John E Hiltz & Associates, Inc , as consulting engineers for the preparation of plans and specifications concerning the Miscellaneous Sanitary Sewer Estensions and Water Main Extensions provided therein is hereby rescinded A roll call vote was taken on the foregoing resolution with the following result- AYES. McCann, Ventura, Milligan, Dooley, McNamara and Kleinert NAYS. None By Councilman Dooley, seconded by Councilman McCann, it was #931-65 RESOLVED that, having considered the report and recommendation dated September 15, 1965, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby release to Mr William Baloh, 15496 Telegraph, Detroit, Michigan, 48239, the S7,000 00 bond de- posited with the City in accordance with resolution #456-65, adopted on May 5, 1965, in connection with improvements to be installed in Baloh Subdivision, located in the southeast 1/4 of Section 32, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the Chief City Engineer that all required improvements have been satisfactorily installed, and the sidewalk bond shall remain the same, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or in- cidental to the full performance of this resolution LA roll call vote was taken on the foregoing resolution with the following result. AYES McCann, Ventura, Milligan, Dooley, McNamara and Kleinert NAYS: None Page 7465 By Councilman Ventura, seconded by Councilman McCann, it was #932-65 RESOLVED that, having considered the report and recommendation dated September 20, 1965, of the Superintendent of Operations, approved by the Director of Public Works and Budget Director, the Council does hereby accept the bid of General Tire Service, Inc , 5919 Cass Avenue, Detroit, Michigan, 48202, for supplying the City with tires and tubes and the repair of same in accordance with the tabulation sheet attached to the aforesaid report of the Superintendent of Operations, such having been in fact the lowest bid received for supplying the tires and tubes and on comparable service A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Ventura, Milligan, Dooley, McNamara and Kleinert NAYS: None By Councilman Dooley, seconded by Councilman Ventura and unanimously adopted, it was #933-65 RESOLVED that, having considered a communication dated September 13, 1965, from the City Planning Commission which transmits its resolution No 8-153-65 adopted by the Commission on August 31, 1965, with regard to Petition 65-8-2-2 as submitted by Rev James V Shaffer, Livonia Assembly of God, 33015 W Seven Mile Road, Livonia, Michigan, requesting permission to hold a day nursery school in the church building which is located on the south side of Seven Mile Road between Loveland and Woodring in the Northwest 1/4 of Section 10, which property is zoned C-1, the Council does hereby designate Monday, October 18, 1965, at 7.30 P. M. , as the time and date for conducting a public hearing with regard to this matter, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No 543, the Zoning Ordinance of the City of Livonia, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan By Councilman Milligan, seconded by Councilman Ventura and unanimously adopted, it was #934-65 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 XX111 of Ordinance 543, the Zoning Ordinance of theCity 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, November 8, 1965, at 8 P. M., at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, on the following items• (a) Petition No 65-8-1-18 submitted by the City Planning Commission on its own motion for a change of zoning on the north side of Five Mile Road approximately 2,050 feet west of Newburgh Road in the South 1/2 of Section 18 from R-3-B to R-2-A, the City Planning Commission having in its resolution 8-136-65 recommended to the City Council that Petition No 65-8-1-18 be granted, Page 7466 (b) Petition No 65-8-1-16 submitted by Consumers Power Company for a change of zoning on the north side of Plymouth Road ap- proximately 660 feet west of Farmington Road, in the Southeast 1/4 of Section 28 from RUFB and C-2 to M-1, the City Planning Commission having in its resolution 8-134-65 recommended to the City Council that Petition No 65-8-1-16 be granted; (c) Petition No 65-8-1-15 submitted by the City Planning Commission on its own motion for a change of zoning on the northwest corner of Schoolcraft and Hubbard Roads in the Southwest 1/4 of Section 22 from R-1-B and RUF to PS, the City Planning Commission having in its resolution #8-135-65 recommended to the City Council that Petition No 65-8-1-15 be granted, (d) Petition No 65-8-1-12 submitted by Wayne H Jones, 14806 Berwick, Livonia, Michigan, for a change of zoning on the south side of Ann Arbor Trail approximately 360 feet west of Newburgh Road in the Northeast 1/4 of Section 31, from RUFB to C-1, the City Planning Commission having in its resolution 8-133-65 recommended to the City Council that Petition 65-8-1-12 be granted, as modified, and further, that the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the nature and location of the proposed change of zoning as set forth above first to be published in the official newspaper of the City, or a newspaper of general circulation in the City of Livonia, as well as to not less than fifteen days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and the City Clerk is requested to do all things necessary or incidental to the full performance of this resolution By Councilman Milligan, seconded by Councilman Ventura and unanimously adopted, it was #935-65 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 Monday, November 15, 1965, at 8 P. M., at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, on the following items (a) Petition No 65-8-1-10 submitted by Stephan F Slavik, President, Barton, Inc , 10450 W Nine Mile Road, Oak Park, Michigan, 48237, for a change of zoning on the east side of Farmington Road, approximately 560 feet north of Six Mile Road in the Southwest 1/4 of Section 10, from R-3-C to PS, the City Planning Commission having in its resolu- tion 8-149-65, recommended to the City Council that Petition 65-8-1-10 be granted, (b) Petition No 65-8-1-9 submitted by William A Wood, Sr , Citizens Beauty School, Inc , 38125 West Seven Mile Road, Livonia, Michigan, for a change of zoning on the east side of Lathers immediately south of the Page 7467 alley, south of Seven Mile Road in the Northeast 1/4 of Section 12, from RUF to P, the City Planning Commission in its resolution 8-148-65 recommended to the City Council that Petition 65-8-1-9 be denied, (c) Petition No 65-8-1-7 submitted by Richard T Gieryn for owners Henry S Alper, Robert L Alper, Joshua J Stone, Donald A Krupp, Abe Green, Aubrey H Ettenheimer and Leonard R Farber for a change of zoning on the southeast corner of Five Mile Road and Eckles Road in the Northwest 1/4 of Section 19 from R-1 to C-2, the City Planning Commission having in its resolution 8-147-65 recommended to the City Council that Petition 65-8-1-7 be granted, (d) Petition 65-8-1-6,submitted by Rodney C Kropf for Harry S Wolfe, 32398 Five Mile Road, Livonia, Michigan, for a change of zoning on the west side of Farmington Road, approximately 1000 feet north of School- craft Road in the southeast 1/4 of Section 21, from R-2 to R-7, the City Planning Commission having, in its resolution #8-146-65 recommended to the City Council that Petition 65-8-1-6 be denied, (e) Petition No 65-8-1-13, submitted by David A Goldman, attorney for A. & W. Management Company for a change of zoning on the north side of Six Mile Road and west of Farmington Road in the Southeast 1/4 of Section 9 from R-3-C to C-1, the City Planning Commission having in its resolution 8-150-65 recommended to the City Council that Petition 65-8-1-13 be denied, (f) Petition No 65-8-1-17, submitted by Gary Goldberg, 19732 Osmus, Livonia, Michigan, for a change of zoning on the east side of Middle- belt Road between Bretton and St Martins in the Southwest 1/4 of Section 1 from RUF to C-2, the City Planning Commission, having in its resolution 8-152-65 recommended to the City Council that Petition 65-8-1-17 be granted, and further, that the City Clerk is hereby requested to, no less than fifteen days prior to the aforesaid date of said public hearing, cause to have a statement indicating the nature and location of the proposed change of zoning as set forth above first to be published in the official 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 hear- ing, 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 report of the Municipal Court for the month of August, 1965, was re- ceived and filed By Councilman Ventura, seconded by Councilman McCann, it was RESOLVED that, having considered a communication dated August 31, 1965, from the City Planning Commission which transmits its resolution #8-138-65 adopted on August 24, 1965, with regard to Petition 65-8-2-1, as submitted by the Wayne Out-County Teachers Credit Union, 15116 Beech Daly Road, Detroit, Michigan, requesting permission to construct a credit union office as a waiver use on property zoned PS and located on the west side Page 7468 of Middlebelt Road between Minton and Westfield in the Southeast 1/4 of Section 35, and the Council having conducted a public hearing with regard to this matter on September 27, 1965, pursuant to resolution #869-65, adopted September 8, 1965, the Council does hereby deny the petition for the following reasons 1) This would be an intrusion of commercial use in what is now strictly residential area, 2) At the public hearing, one of the petitioners stated that there are no deed restrictions on this property, but a copy of the deed restrictions shows that Outlot A is part of the Ziegler Woods Subdivision and this lot is restricted to residential purposes A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann and Ventura NAYS• Milligan, Dooley, McNamara and Kleinert The President declared the resolution denied By Councilman Dooley, seconded by Councilman McNamara, it was #936-65 RESOLVED that, having considered a communication dated August 31, 1965, from the City Planning Commission which transmits its resolution #8-138-65, adopted by the Commission on August 24, 1965, with regard to Petition 65-8-2-1, as submitted by the Wayne Out-County Teachers Credit Union, 15116 Beech Daly Road, Detroit, Michigan, requesting permission to construct a credit union office as a waiver use on property zoned PSand located on the west side of Middlebelt Road between Minton and Westfield in the Southeast 1/4 of Section 35, and the Council having conducted a public hearing with regard to this matter on September 27, 1965, pursuant to resolu- tion #869-65, adopted September 8, 1965, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 65-8-2-1 is hereby approved and granted, subject to a change in the location of the ingress and egress so that there will be one on each side street instead of as shown on plot plan, for the following reasons- 1) there will be only minor conflict with the existing traffic, and 2) this building will not be used by a large volume of drive-in business, and 3) the site plan indicates it is of sufficient calibre to justify approval, and 4) the architect's rendering for the building indicates that it is of sufficient calibre to be an asset to the adjacent development and to the community By Councilman Milligan, seconded by Councilman Ventura, it was RESOLVED that, Petition 65-8-2-1, as submitted by the Wayne Out-County Teachers Credit Union be tabled A roll call vote was taken on the tabling resolution with the following result AYES: McCann, Ventura and Milligan NAYS• Dooley, McNamara and Kleinert The President declared the tabling resolution denied Page 7469 A roll call vote was taken on resolution #936-65, with the following result AYES• Milligan, Dooley, McNamara and Kleinert NAYS• McCann and Ventura The President declared the resolution adopted Councilman Ventura was excused at 9.25 P. M. The following resolution was offered by Councilman McNamara and seconded by Councilman Dooley: #937-65 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 33, more particularly described in resolution #515-65, adopted on May 19, 1965, 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 assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being in- stalled with ornamental metal poles and underground wiring in said Special Assessment District No 33, NOW, THEREFORE, BE IT RESOLVED that, the said Council does hereby determine that said lights shall be installed with ornamental metal poles and underground wiring and that the assessments set forth insaid Special Assessment District No 33 Roll are fair and equitable and 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 33, based on installation of ornamental metal poles and 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 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• McCann, Milligan, Dooley, McNamara and Kleinert NAYS: None Councilman Ventura returned at 9 27 P. M. By Councilman McCann, seconded by Councilman Milligan, it was #938-65 RESOLVED that, having considered the report and recommendation dated September 27, 1965, of the Finance and Insurance Committee, and sub- mitted pursuant to resolution #650-65, regarding the proposed contract for auditing services for the current fiscal year to be rendered to the City of Livonia by the firm of Lybrand, Ross Bros & Montgomery, the Council does hereby authorize a contract therefor at the same terms and conditions as submitted which would thereby engage the services of Lybrand, Ross Bros & Page 7470 Montgomery for this purpose, and the Mayor and City Clerk are hereby authorized to execute the aforesaid contract and to do all things necessary to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES• McCann, Ventura, Milligan, Dooley, McNamara and Kleinert NAYS None By Councilman McNamara, seconded by Councilman Dooley, it was #939-65 RESOLVED that, having considered a communication dated September 28, 1965, from the Chief City Engineer and the Water and Sewer Commissioner, approved by the Director of Public Works, regarding the acquisition of ease- ments for the construction of the Hubbard-Base Line Sanitary Sewer in Area 4b, the Council does hereby authorize the Department of Law and Engineering Division to obtain easements from the following parcels by the owners of same in the amounts as indicated Parcel No Owner Amount 03a98a Sidney Sorensen, Jr , 32433 W Eight Mile) $200 00 03A6la (William Gonda, 32205 W Eight Mile) 100 00 03AA60a (Floyd Doherty, 31843 W Eight Mile) 200 00 03A59b (Lee Hanaford, 31835 W Eight Mile) 100 00 03A59a (Harry Hanaford, 31825 W Eight Mile) 100 00 03A34b (Woodrow Hanaford, 31815 W Eight Mile) 100 00 03A33a1- A33a2 (John P Larkin, 31745 W Eight Mile) 100 00 03A2 7b2, 28b, 28c (Naldo Bucci, 31675 W Eight Mile) 100 00 and for this purpose, the Council does hereby authorize the expenditure of the aforesaid amounts from the Sewer Division Easement Account, such sums to be reimbursed from the proceeds of the sale of Series III Sanitary Sewer Bonds, and the City Clerk and City Treasurer are hereby requested 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 McCann, Ventura, Milligan, Dooley, McNamara and Kleinert NAYS • None By Councilman Dooley, seconded by Councilman McNamara, it was #940-65 BE IT RESOLVED, that the City of Livonia enter into a Third Amendatory Agreement with the Board of County Road Commissioners of the County of Wayne, Michigan, relative to the improvement of Farmington Road from Plymouth Road north to Base Line Road, in the City of Livonia, Wayne County, Michigan, a copy of said agreement is attached hereto and made a part hereof, BE IT FURTHER RESOLVED that, the Mayor and City Clerk be and the same are hereby authorized to execute the foregoing Amendatory Agreement for and on behalf of the City of Livonia Page 7471 A roll call vote was taken on the foregoing resolution with the following result- AYES: McCann, Ventura, Milligan, Dooley, McNamara and Kleinert NAYS: None On motion of Councilman McCann, seconded by Councilman Ventura and unanimously adopted, this 508th regular meeting of the Council of the City of Livonia was duly adjourned at 9 30 P. M. , September 29, 1965 i Addison W Bac Ci , 9rk