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HomeMy WebLinkAboutCOUNCIL MINUTES 1966-01-12 Page 7654 MINUTES OF THE FIVE HUNDRED TWENTY- FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 12, 1966, 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 8:09 P. M. Councilman Milligan delivered the invocation. Roll was called with the following result: Present--Rudolf R. Kleinert, John F. Dooley, James R. McCann, Edward H. McNamara, Peter A. Ventura, Charles J. Pinto, and Edward G. Milligan. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Virginia G. Handzlik, Deputy City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, first Assistant City Attorney; Victor C. Phillips, Budget Director; Don Hull, City Planner; William Strasser, City Engineer; Dan Andrew, Industrial Co-ordinator; David L. Jones, Water and Sewer Commissioner; Henry G. Sieferd, City Assessor; Joel LaBo, Director of Public Safety; John Hiltz, Consulting Engi- neer; John Dufour, Superintendent, Parks and Recreation; Marvin Moser, Planning Commission; Alan Walt and David Meinzinger of the Municipal Building Authority; and Mrs. Pulick, League of Women Voters. By Councilman Milligan, seconded by Councilman McNamara, it was #40-66 RESOLVED, that the minutes of the 520th regular meeting of the Council of the City of Livonia held January 5, 1966 are hereby approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Dooley, McCann, McNamara, *Ventura, Pinto and Kleinert. NAYS: None. *Councilman Ventura abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. An Ordinance Amending Section I 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 Adeing Section Thereto (Petition 65-8-1-17), Page 7655 introduced by Councilman McNamara on January 5, 1966, was taken from the table L and a roll call vote conducted thereon with the following result: AYES: Dooley, McNamara, Ventura and Pinto. NAYS: Milligan, McCann and Kleinert. The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. An Ordinance Amending Section 29 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 Thereto (Pet. 65-8-1-23), introduced by Councilman Dooley on January 5, 1966, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Milligan, Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. NAYS: None. L The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. An Ordinance Amending Section 14 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 Thereto (Pet. 65-8-1-21), introduced by Councilman Dooley on January 5, 1966, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Milligan, Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. An Ordinance Amending Section 28 of the Zoning Map of the City of Livonia and Amending Article III of Ordinance No. 543, As Amended, Known and Cited as the L "City of Livonia Zoning Ordinance" by Adding Section Thereto (Pet. 65-8-1-22) introduced by Councilman McNamara on January 5, 1966, was taken from the table and a roll call vote conducted thereon with the following result: Page 7656 AYES: Milligan, Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. NAYS: None. L, The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. An Ordinance Amending Section 10 of the Zoning Map of the City of Livonia and Amending Article III of Ordinance No. 513, As Amended, Known and Cited as the "City of Livonia Zoning Ordinance" by Adding Section Thereto (Pet. 65-8-1-10) introduced by Councilman Dooley on January 5, 1966, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. NAYS: Milligan. The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. An Ordinance Amending Ordinance No. 449 Known and Cited as the "Building Code Ordinance of the City of Livonia, "As Amended, by Adding Section 5.19 to Article V Thereof, introduced by Councilman McNamara on January 5, 1966, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Dooley, McNamara, McCann, Ventura, Pinto, Milligan, and Kleinert. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. By Councilman Pinto, seconded by Councilman Dooley, it was #141-66 RESOLVED, that having considered a communication dated January 14, 1966 from the Department of Law and the Orant of Easement attached thereto, submitted pursuant to council resolution #863-65, dated March 8, 1965, executed by Harold H. Long and Irene V. Long, his wife, acquired in connection with the Bell Creek Sanitary Sewer construction, Area 5b of Phase II of the Master Sanitary Sewer Program, and conveying to the City of Livonia the following: An easement in the following described parcel being described as the West 10 feet of Parcel. The west 157.0 feet of the South 126.79 of lot 584, Supervisor's Livonia Plat No. 10 Page 7657 of part of the E. 1/2 of Section 15, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in liber 66 of plats, pages 61, 62 and 63, Wayne County records. (Parcel a584a2) the Council does hereby accept for and on behalf of the City of Livonia the aforesaid document 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman McCann, it was #42-66 RESOLVED, that having considered a letter dated January 4, 1966 from the Department of Law and the three grants of easements attached thereto, which grants were obtained in connection with an extension of a sanitary and storm sewer in Golfview Meadows Subdivision #2 and which convey to the City of Livonia the following: Grant of Easement dated October 28, 1965 executed by Golf View Meadows, Inc., by its president Frank J. Volk and its secretary Adolphe E. Rovsek conveying the north 6 feet of Lot 164; the south 6 feet of Lot 163; the west 6 feet of the east 12 feet of Lot 170; the west 6 feet of Lot 204; the east 6 feet of Lot 205; the south 8 feet of the north 20 feet of Lot 236; and the south 6 feet of the north 18 feet of Lot 254. Parcel description: Lots 164, 163, 170, 204, 205, 236, and 254 of Golf View Meadows Subdivision No. 2 of part of the N. W. 1/4 of Sec. 16 and part of the N. E. 1/4 of Sec. 17, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Grant of Easement dated October 28, 1965 executed by Clarence Priest and Hazel Priest, his wife, conveying a private easement for public utilities consisting of the south ten feet of the west ninety-five feet; said easement being over and across the following described parcel: The north 250 feet of the east 203.62 feet of the N. E. 1/4 of Section 17, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the north 60.0 feet thereof. Parcel 17 AlA2a. Grant of Easement dated October 28, 1965 executed by Marguerite A. Pankow conveying a private easement for public utilities consisting of the south ten feet of the east seventy feet; said easement being over and across the following described parcel: the west 156.38 feet of the east 360 feet of the south 190 feet of the north 250 feet of the N. E. 1/4 of Section 17, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Parcel 17A2b1. the Council does hereby accept for and in behalf of the City of Livonia the aforesaid Grants of Easements and the City Clerk is hereby requested Page 7658 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: Milligan, Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman Milligan, it was #43-66 RESOLVED that, having considered the report and recommendation dated December 23, 1965 from the Chief City Engineer approved by the Director of Public Works, and the attached final estimate dated December 23, 1965, the Council does hereby authorize final payment in the amount of $5,383.09 to Colwell Contracting Company, 17674 Olympia, Detroit 40, Michigan which sum includes the full and complete balance of $3,601.02 for work authorized pursuant to council resolution 870-65 and also the sum of $1,782.07 for additional work performed by the aforesaid company in connection with a request made by the Livonia Public Schools to construct sidewalks adjacent to Adams School on Lyndon Avenue, it being the under• standing of the Council that all work under the aforesaid contract has been completed in accordance with City standards and specifications and that the contractor has filed a declaration that there is no money owing for any labor and material in connection with the aforesaid work; and for this purpose the additional sum of $1,782.07 is hereby advanced from the General Fund, the same to be in part reimbursed from the proceeds of special assessments established for this purpose; 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: AXES: Milligan, Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. NAYS: None. By Councilman Pinto, seconded by Councilman McNamara, it was #44-66 RESOLVED that, having considered the letter from the Chief City Engineer dated December 21, 1965, approved by the Mayor, Director of Public Works and Budget Director regarding a sewer connection for the Engineering Building, the Council does hereby authorize the transfer of $400.00 from Account 256-1 (Design Salary Account) to Account 255-70 (Capital Outlay Account) for the purpose of paying the sanitary sewer connection charge for the aforesaid sewer connection for the Engineering Building. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman Milligan, it was Page 7659 #45-66 RESOLVED that, having considered the report and recommendation of the Director of Public Safety dated January 4, 1966, approved for submit- tal by the Mayor and Budget Director, the Council does hereby reject all of the bids herein submitted, as received on December 14, 1965, for the purchase of police vehicles for the reasons set forth in the aforesaid communication; and further the Council does hereby authorize the Director of Public Safety and the Budget Director to re-advertise for new bids pursuant to the procedure recommended in the aforesaid recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman Ventura and unanimously adopted, it was #46-66 RESOLVED, that having considered the letter from the Department of Law dated January 4, 1966, relative to Petition 65-8-3-1, initiated by the Planning Commission on its own motion for the vacation of the property known as Grennada Park Subdivision, located south of Lyndon and west of Farmington Road in Section 21 of the City of Livonia, the Council does hereby rescind Council Resolution #1180-65, adopted on December 8, 1965. By Councilman McNamara, seconded by Councilman Ventura and unanimously Lim adopted, it was #47-66 RESOLVED, that having considered the report and recommendation dated November 16, 1965 from the City Planning Commission with regard to Petition 65-8-3-1 initiated by the Planning Commission on its own motion for the vacation of property known as Grenada Park Subdivision located south of Lyndon and west of Farmington Road in Section 21, City of Livonia, Michigan, the Council does hereby approve said Petition 65-8-3-1 to vacate the plat of Grennada Park Subdivision, with the exception of Stark, Lyndon and Farmington Roads, the description of such vacation to be as follows: Grennada Park Subdivision, as recorded in Liber 52, Page 27, Wayne County Records, said subdivision being a part of the Northeast 1/4 of the Southeast 1/4 of Section 21, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan, and further, the Council does hereby determine that it is necessary and advisable in the interests of peace, health and safety of its citizens to vacate the foregoing plat since the City of Livonia is the owner of all of the property described therein which is presently being used as the Henry Ford Centennial Field, as a public park and for recreational use by the citizens of the City of Livonia; and further, the Department of Law is hereby requested to petition in behalf of the City Council of the City of Livonia, Michigan, the Circuit Court for the County of Wayne in order to have the foregoing Grennada Park Subdivision vacated. Page 7660 The report of the Municipal Court for the month of December 1965, received I, by the City Clerk's office on January 7, 1966, was received and filed for the informa- tion of the Council. By Councilman Milligan, seconded by Councilman Pinto, it was #48-66 RESOLVED that, having considered a letter from the Mayor, dated January 5, 1966, which transmits to the Council a letter dated January 4, 1966 from the City Assessor, and a letter from the Personnel Director dated January 6, 1966, wherein a resolution adopted by the Civil Service Commission on January 4, 1966 is submitted for council consideration regarding the establishment of the position of full Personal Property Auditor in the office of the City Assessor, the Council does hereby concur in and approve of the recommendation made by the Civil Service Commission in establishing the classification of Personal Property Auditor at a salary grade of l40 with a four step range, three years to maximum and provision for employment at one step above minimum with the following steps: $8,070.40 - $8,403.20 - $8, 736.00 - $9,068.80, and further the Council does hereby appropriate the sum of $8,403.20 from the Unappropriated Surplus Account to Account No. 14-1, for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. LNAYS: None. By Councilman Pinto, seconded by Councilman Milligan, it was #49-66 RESOLVED that, having considered a letter dated January 6, 1966 regarding the necessary appropriation to be made in allowing the office of the City Assessor to employ a Clerk Typist II at a salary of $4,451.20, the Council does hereby approve of said request and the sum of $4,451.20 is hereby appropriated from Unappropriated Surplus Account to No. 14-1 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman Milligan, it was #50-66 RESOLVED that, having considered a letter dated December 30, 1965, from the Chairman of the Municipal Building Authority of Livonia which requests cooperation and assistance of the City Council, along with the Mayor in preparing plans for the construction of a proposed new City Hall, the Council does hereby request that all elected officials, department L heads, boards and commissions submit their reports and recommendations to the Municipal Building Authority with regard to the following matters: (1) the type of new City Hall they would propose; (2) the departments which would occupy the new building; (3) any other pertinent information which would prove helpful to the construction necessary for each depart- ment (surveys, building plans, square foot area, etc.). Page 7661 A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Dooley, McNamara, McCann, Pinto, and Kleinert. NAYS: Ventura. The President declared the resolution adopted. The communication dated January 5, 1966 from the Department of Law regarding clarification of a letter dated November 25, 1965 from the former City Assessor relative to property in Section 31, was received and filed. By Councilman Dooley, seconded by Councilman Ventura, and unanimously adopted, it was #51-66 RESOLVED, that the President of the Council be and is hereby requested to appoint a committee of such persons that he considers appropriate, including not less than two councilmen, for the purpose of pursuing the study of the feasibility of causing the installation of a municipal incinerator in the City of Livonia. The following preamble and resolution were offered by Councilman Pinto and supported by Councilman McNamara: #52-66 WHEREAS, the City Council recognizes that by reason of the continued development and growth of the City of Livonia, so that the land area of the City is rapidly being used and acquired for residential, commercial and industrial purposes, it has become necessary for the public health, welfare and safety of the citizens of the City, that available lands suited for public park open-spaces and recreational purposes be acquired and developed for such use; and WHEREAS, the Department of Recreation has developed general maps and plans indicating lands suited and available for public park open-spaces and recreational purposes, and the manner they could be used and developed for such purposes; and WHEREAS, the estimated cost of acquiring and developing lands for such purposes that are presently needed and desirable is determined to be Four Million Four Hundred Thousand ($4,400,000.00) Dollars; and WHEREAS, it will be necessary to borrow the sum of not to exceed Four Million Four Hundred Thousand ($4,400,000.00) Dollars to pay the cost thereof; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council deems it necessary to borrow the sum of not to exceed Four Million Four Hundred Thousand ($4,400,000.00) Dollars Page 7662 and issue general obligation bonds of the City therefor, for the purpose of paying the coat of acquiring lands for public park open-spaces and recreational purposes, and improving, developing and providing necessary facilities for recreational use of said lands. 2. The City Council determines the period of usefulness of said public park open-spaces and recreational facilities to be not less than fifty (50 years). 3. At the Regular City Election to be held in the City of Livonia on Monday, April 4, 1966, between the hours of 7:00 o'clock a.a. and 8:00 o'clock p.m., Eastern Standard Time, there be submitted to vote of the grAlified electors of said City the said proposition of borrowing the said sun. 4. The proposition to be submitted at said election shall be stated on the voting machines and ballots in substantially the follow- ing form: Recreational Bonding Proposition Shall the City of Livonia, County of Wayne, Michigan, borrow the sum of not exceeding Four Million Four Hundred Thousand ($4,400,000.00) Dollars, and issue its general obligation bonds therefor for the purpose of acquiring lands for public park open-spaces and recreational purposes, and improving, developing and providing necessary facilities for recreational use of said lands? 5. The City Clerk will receive registrations of electors qualified to vote at said election, who are not already properly registered, until Monday, March 7, 1966, on which said day the City Clerk will be at his office from 8:00 o'clock a.m. until 8:00 o'clock p.m., Eastern Standard Time, to receive registration of electors qualified to vote at said general election. 6. The City Clerk shall cause Notice of Registration of said election be published and posted in manner required by law. 7. The City Clerk shall cause notice of said Regular City Election to be published and posted in manner required by law. 8. There shall be included in the notice of said Regular City Election notice of the submission of said special proposition, in substantially the following form: TO THE QUALIFIED RTFCTORS OF THE CITY OF LIVONIA PLEASE TAKE NOTICE that at the Regular City Election to be held in the City of Livonia, County of Wayne, Michigan, on the 4th day of April, 1966 from 7:00 o'clock a.m. until 8:00 o'clock p.m., Eastern Standard Time, there will be submitted to vote of the q a1iried electors of said city, the following special proposition: Page 7663 Recreational Bonding Proposition Shall the City of Livonia, County of LWayne, Michigan, borrow the sum of not exceeding Four Million Four Hundred Thousand ($4,400,000.00) Dollars, and issue its general obligation bonds therefor for the purpose of acquiring lands for public park open-spaces and recreational purposes, and improving, developing and providing necessary facilities for recreation- al use of said lands? Only those qualified electors who have property in the City assessed for taxes, or the lawful husband or wife of such persons, are qualified to vote on the above bonding proposition. This Notice is given by authority of the City Council of the City of Livonia, County of Wayne, Michigan. City Clerk 9. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Dooley, McNamara, McCann, Pinto, and Kleinert. NAYS: *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement: My "no" vote is not necessarily against parks nor against giving voters in the City the opportunity to express whether or not they want to buy parks, but with the feeling that we need not increase taxes to acquire parks. Councilman McCann introduced the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 449 KNOWN AND C1Ttp AS THE "BUILDING CODE ORDINANCE OF THE CITY OF LIVONIA" BY ADDING SECTION 5.19 TO ARTICLE V 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. Page 7664 The above Ordinance was placed on the table for consideration at the next regular Meeting of the Council. Councilman Dooley introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OR ORDINANCE NO. 513, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE", BY ADDING SECTION 3. THERETO. (Pet. 65-9-1-33) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances, in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #53-66 RESOLVED, that having considered the report and recommendation dated September 13, 1965 from the City Planning Commission which sets forth its resolution #9-162-65 in regard to Petition #65-8-1-27 initiated by the City Planning Commission on its own motion for a change of zoning on the south side of Lyndon Avenue and Lyndon Avenue extended westerly between Middlebelt Road and Henry Ruff Road in the South 1/2 of Section 23 from R-2-A to R-3; and the Council having also considered the communication from the City Planning Commission dated November 14, 1965 regarding the aforesaid petition; and further the Council having conducted a public hearing with regard to this matter on January 10, 1966 pursuant to resolution 1179-65, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 66-8-1-27 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. By Councilman Ventura, seconded by Councilman Pinto, and unanimously adopted, it was #54-66 RESOLVED, that having considered the report and recommendation dated November 16, 1965 from the City Planning Commission which sets forth its resolution #9-163-65 in regard to Petition 65-9-1-34 initiated by the City Planning Commission on its own motion for a change of zoning on the south side of Five Mile Road, just east of City Hall, in Section 22 from C-2 to PS; and the Council having conducted a Public Hearing with regard to this matter on January 10, 1966 pursuant to resolution #1179-65 Page 7665 the Council does hereby table this matter pending receipt of a report from the Department of Law concerning the possible acquisition of same by the City of Livonia. By Councilman McCann, seconded by Councilman Pinto, and unanimously adopted, it was #55-66 RESOLVED that based upon verbal representations made by the owners of the following described property at a public hearing conducted by the City Council on January 10, 1966, indicating their desire to sell the same to the City of Livonia, the Council does hereby request that the Department of Law submit a report regarding the availability of such property, the sale price, the terms of such sale, as well as any other pertinent information, such property being described as follows: That part of Orennada Park Subdivision No. 2 as recorded in Liber 54 of plata, page 77, Wayne County Records described as beginning at a point on the north section line distant S88° 29' E. 1170 ft. from the northwest corner of Section 22, T. 1 S. R. 9 E., City of Livonia, Wayne County, Michigan, and proceeding thence S 88° 29' E along said line, 806.82 ft., thence S 10 16' W 560 ft.; thence N 88° 29' W 808.29 ft.; thence N 1° 25' E. 560 ft. to the point of beginning. Parcel 22c369b--466. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #56-66 RESOLVED that having considered the report and recommendation dated November 16, 1965 from the City Planning Commission which sets forth its resolution #11-186-65 in regard to Petition 65-9-1-35, initiated by the City Planning Commission on its own motion for a change of zoning of property on the east side of Newburgh Road, approximately 1,030 feet north of Plymouth Road in the Southwest 1/4 of Section 29, from RUF to M-1; and the Council having conducted a public hearing with regard to this matter on January 10, 1966, pursuant to resolution #1179-65, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 65-9-1-35 is hereby denied. By Councilman Milligan, seconded by Councilman Pinto, and unanimously adopted, it was #57-66 RESOLVED, that having considered the report and recommendation dated November 16, 1965 from the City Planning Commission which seta forth its resolution #11-187-65 in regard to Petition 65-9-1-36, initiated by the City Planning Commission on its own motion for a change of zoning on the south aide of Lyndon Avenue and Lyndon Avenue extended westerly between the northerly extension of Melvin Avenue and Henry Ruff Road in the south 1/2 of Section 23 from R-3 to R-3-B, as well as a communication from the City Planning Commission dated November 4, 1965 with reference thereto; and the Council having conducted a public hearing with regard to this matter on January 10, 1966 pursuant to resolution #1179-65, the Council does hereby concur with the recommendation of the Page 7666 P]Rnning Commission and the said Petition 65-9-1-36 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. By Councilman McNamara, seconded by Councilman Pinto, and unanimously adopted, it was #58-66 RESOLVED that, Burton-Share, Inc., 10400 W. Nine Mile Road, Oak Park, Michigan, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Plymouth-Levan Industrial Subdivision, located in the S. W. 1/44 of Section 29, City of Livonia, (Section 1), the said proposed preliminary plat being dated December 6, 1965; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on July 6, 1965; and it further appearing that such preliminary plat, together with Development Plans and Specifica- tions for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that depart- ment dated January 7, 1966; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions: (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Plat Ordinance, Ordinance No. 500, as amended; the subdivision regulations of the Planning Commission; the regulations and specifications of the Department of Public Works and the development plans submitted by the proprietor and approved by such Department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid in the time and manner provided in the said Plat Ordinance, as amended; (3) That the installation of such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 7.03 of said Plat Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans; (5) That the following cash payments be made to the City: Plan review, field inspection, and administration (5%) $3,243.25 Future Traffic Control Signs 30.00 Page 7667 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive final approval of the City Planning Commission as evidence that such plat is in compliance with existing subdivision regulations; (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein and provided there has been compliance with all other requirements of the Plat Act, Plat Ordinance, and this resolution. (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements, the proprietor may file with the City of Livonia, surety bond, certified check, cash bond, an irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law, guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances, the same shall be in the following amounts: General Improvement Bond - $32,500.00 of which at least $3,500.00 should be in cash. Sidewalk Bond - not applicable. Councilman Pinto was excused at 9:11 P. M. By Councilman Ventttra, seconded by Councilman Milligan, and unanimously adopted, it was #59-66 RESOLVED that, the preliminary plat of the proposed Plymouth- Levan Industrial Subdivision, situated in the southwest 1/4 of Section 29, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on July 16, 1965 by its resolution 7129-65, and approved by the City Council on January 12, 1966 by its resolution #58-66, and a report dated January 7, 1966 from the Chief City Engineer, approved by the Director of Public Works, indicating that full compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Commission having approved the final plat on November 2, 1965 in its resolution 11-197-65, the Council does hereby determine to grant its approval to the final plat of Plymouth-Levan Industrial Subdivision located in the southwest 1/4 of Section 29, City of Livonia, Wayne County, Michigan, as submitted by Burton-Share, Inc., 10400 W. Nine Mile Road, Oak Park, Michigan, as pro- prietors thereof being required to do all things necessary to obtain full compliance with the Plat Act, Act 172 of the Michigan Public Acts of 1929, as amended, the Plat Ordinance of the City of Livonia, Ordinance No. 500, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. By Councilman McNamara, seconded by Councilman Dooley, it was #60-66 RESOLVED that having considered a communication dated December 6, 1965 from John E. Hiltz & Associates, Inc., Consulting Engineers, regarding Page 7668 the contract between the Greenfield Construction Company and the Wayne County Board of Road Commissioners for the Plymouth-Newburgh sanitary sewers in Area 3, which contract was dated April 30, 1964 in the estimated amount of $477,976.40 and was authorized by council resolution 258-64, and having also considered a letter from the Chief City Engineer dated January 7, 1966, approved by the Water and Sewer Commissioner and Director of Public Works in this regard, wherein the Council is advised that all work under the said contract has been completed in accordance with the City of Livonia and the Wayne County Road Commissioners standards, specifications and requirements, and that the said sewer system was placed in service on May 12, 1965; and further that all complaints with regard to this project have now been satisfactorily resolved; the Council does hereby request that the Board of Wayne County Road Commissioners furnish a complete release to the Greenfield Construction Company under the aforesaid contract and make final payment with respect to 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 and the City Clerk is hereby requested to forward a certified copy of this resolution to the Board of Wayne County Road Commissioners. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Dooley, McNamara, McCann, Ventura, and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman Milligan, it was #61-66 RESOLVED, that having considered a communication dated December 6, 1965 from John E. Hiltz & Associates, Inc., Consulting Engineers, regard- ing the contract between the Greenfield Construction Company and the Wayne County Board of Road Commissioners for the Master Sanitary Sewer System in the Schoolaraft area, Area 2, which contract was dated April 16, 1964 in the estimated amount of $810,187.10 and was authorized by council resolution 258-64, and having also considered a letter dated January 7, 1966 from the Chief City Engineer, approved by the Water and Sewer Com- missioner and Director of Public Works in this regard, wherein the Council is advised that all work under the said contract has been completed in accordance with the City of Livonia and the Wayne County Road Commission standards, specifications and requirements, and that the said sewer system was placed in service on March 17, 1965; and further that all complaints with regard to this project have now been satisfactorily resolved with the exception of one pertaining to Argonaut Realty Division of General Motors Corporation, the Council does hereby request that the Board of Wayne County Road Commissioners furnish a complete release to the Greenfield Construc- tion Company under the aforesaid contract and make final payment with respect to same excepting the amount of $10,000.00 to be held for six months with respect to the aforesaid claim of Argonaut Realty Division of General Motors Corporation, which claim will be resolved in the Spring of 1966; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution and the City Clerk is hereby requested to forward a certified copy of this resolution to the Board of Wayne County Road Commissioners. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Dooley, McNamara, McCann, Ventura, and Kleinert. NAYS: None. Page 7669 Councilman Pinto returned at 9:14 P. M. By Councilman Ventura, seconded by Councilman McNamara, it was #62-66 RESOLVED, that having considered a communication dated December 6, 1965 from John E. Hilts & Associates, Inc., Consulting Engineers, regarding the contract between the Zephirence LeDuc Company and the Wayne County Board of Road Commissioners for the Master Sanitary Sewer System Parkview-Parkwoods Area, Area 5a, which contract was dated April 16, 1964 in the estimated amount of $322,797.20 and was authorized by council resolution 258-64, and having also considered a letter from the Chief City Engineer, approved by the Water and Sewer Commissioner and Director of Public Works, dated January 7, 1966, wherein the Council is advised that all work under the said contract has been completed in accordance with the City of Livonia and Wayne County Road Commission standards, specifications and requirements, and that the said sewer system was placed in service on or about the 1st of December, 1964, and further that all complaints with regard to this project have now been satisfactorily resolved with the exception of the claim involving the grant of an easement along Outlot A from Mr. Pierce and Mr. Mott, the Council does hereby request that the Board of Wayne County Road Commissioners furnish a complete release to the Zephirence LeDuc Company under the aforesaid contract and make final pay- ment with respect to same excepting the amount of $300.00 to be held for one year with respect to the aforesaid claim of Mr. Pierce and Mr. Mott during which time this complaint will be resolved; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or inci- dental to the full performance of this resolution and the City Clerk is hereby requested to forward a certified copy of this resolution to the Board of Wayne County Road Commissioners. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. NAYS: None. By Councilman Milligan, seconded by Councilman Dooley, it was #63-66 RESOLVED, that having considered the report and recommendation dated January 3, 1966 from the Chief City Engineer and the Water and Sewer Commissioner, approved by the Director of Public Works, and the attached final construction estimates prepared by John E. Hiltz & Associates, Inc. and approved by the Chief City Engineer, the Water and Sewer Commissioner and the Director of Public Worksand having also considered invoices Nos. 14082, 14083 and 14084 submitted by John E. Hilts and Associates, Inc. for services rendered as consulting engineers in connection with the construction of the water main, sanitary sewer and storm sewer for the Industrial Road improvement, the Council does hereby authorize the follow- ing final payments; (a) the Council having previously authorized an expenditure estimated to be $80,000.00 to be made in connection with the installation of a water main with respect to the Industrial Road improvement pursuant to council resolution 82-64, the Council does hereby authorize final payment in the amount of $8,374.00 from the Water Department Improvement Fund to the Greenfield Construction Company, which sum Page 7670 represents the complete and full balance of $83,740.00 due on a con- tract dated December 1, 1964; (b) the Council having previously authorized an expenditure estimated to be $110,000.00 to be made in connection with the installation of the sanitary and storm sewers with respect to the Industrial Road improvement pursuant to council resolution 84-64, the Council does hereby authorize the final payment to be made in the amount of $6,574.47 for the sanitary sewer construction and the final payment of $2,929.15 for the storm sewer construction from the Sewer Depart•• ment Contract Payment Fund to Greenfield Construction Company on a sanitary sewer contract in the amount of $60,359.75 dated December 21, 1964 and a storm sewer construction contract in the amount of $30,721.50 dated December 21, 1964; and (c) the Council does hereby authorize final payment to be made to John E. Hiltz & Associates, Inc. in the amount of $905.86 in connection with the aforementioned construction projects of which $418.78 shall be expended from the Water Department Improvement Fund and the sum of $487.08 shall be expended from the Sewer Department Contract Payment Fund; further, it is the understanding of the Council that all work under the aforesaid contracts has been completed in accordance with City standards and specifications and that the contractor has filed his declaration that there is no money owing for any labor or material in connection with the work performed under the aforesaid contracts; 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: Milligan, Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman Milligan, and unanimously adopted, it was #64-66 RESOLVED, that the City Attorney inform the City Council under what authority the Community College can levy millage without a vote of the people, the amount that can be levied, and what action can be taken by the people to have this submitted to a vote. On motion of Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, this 521st regular meeting of the Council of the City of Livonia was duly adjourned at 9:17 P. M., January 12, 1966. i v ADDISON W. BACON, E2erk