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HomeMy WebLinkAboutCOUNCIL MINUTES 1970-01-19 11113 L MINUTES OF THE SIX HUNDRED SEVENTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 19, 1970, 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 8:26 P. M.. Councilman Nash delivered the invocation. Roll was called with the following result• Present--Edward H. McNamara, Robert E. McCann, Robert F. Nash, Peter A. Ventura, Jerry Raymond. ,Absent--Rudolf R. Kleinert and Edward G. Milligan. Elected and appointed officials present: Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney, Carl J. Wagenschutz, City Treasurer; Robert A. Shaw, Director of Public Works, Donald Nicholson, Director of Public Safety; John T. Dufour, Superintendent of Parks and Recreation; Don Hull, City Planner, Dan Andrew, LIndustrial Coordinator; James Miller, Personnel Director, Frank Kerby, Chief Build- ing Inspector, Ed Siemert, Assistant City Engineer, Victor Phillips, Budget Director; Thomas J. Griffiths, Jr., Chief Accountant; and Donald E. Heusted of the City Planning Commission. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #57-70 RESOLVED, that the minutes of the 674th regular meeting of the Council of the City of Livonia, held January 12, 1970, are hereby approved. The following resolution was unanimously introduced, supported and adopted: #58-70 WHEREAS, the members of the Livonia City Council have learned with great sorrow of the sudden passing of John E. Hiltz, and WHEREAS, John E. Hiltz had previously served the City as its Chief City Engineer and thereafter had provided his services as a Consult- ing Engineer until his untimely passing, and 11114 WHEREAS, John E. Hiltz was a professional engineer highly respected by his associates in that field of endeavor, and a public official who contributed his time and knowledge to the betterment of this community - a community that will long be grateful for the many,projects and public improvements that he helped bring about, NOW, THEREFORE, BE IT RESOLVED that, the Council of the City of Livonia believes it fitting and proper to record at this time its affection and esteem for a beloved and respected public official and friend and to share with his family and community the great loss sustained by reason of the death of John E. Hiltz. At the direction of the President of the Council, Opinion No. 70-1, transmitted by the Department of Law, with regard to "Veto Power of Mayor as to Administrative Requests" was referred to the next Study Session of the Council to be held on February 2, 1970. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #59-70 RESOLVED, that the Council does hereby request the Department of Law to review the proposal of the Livonia Charter Revisions Committee regarding the creation of a Department of Finance and thereafter submit its report to the Council on what steps would be necessary to implement the same. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 7-105, 7-107, 7-108, AND 7-131, OF ARTICLE I OF CHAPTER I (BUILDING CODES) OF TITLE 7 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA, INTRODUCED BY COUNCILMAN VENTURA ON JANUARY 12, 1970. A roll call vote was taken on the foregoing Ordinance with the following result AYES: Nash, Ventura, Raymond, McCann and McNamara. NAYS : None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Ventura, seconded by Councilman McCann, it was #60-70, WHEREAS, property described as: 11115 The W. 1/2 of Lot 8, Dutch Mill Gardens, a subdivision of part of the N. 1/2 of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, according to the plat thereof as re- corded in Liber 68 of Plats, Page 70, Wayne County Records. (Taxation Parcel 24c8b) (Park Site Designation Z-92) is included in the Master Plan for Parks for the City of Livonia; and WHEREAS, the United States of America has entered into Contract OSA-58 which provides for financial assistance to the City of Livonia in acquiring the above described real property for park purposes; and WHEREAS, it is hereby determined, upon consideration of two competent independent appraisals that the fair market value of this real property is $5,250.00, NOW, THEREFORE, BE IT RESOLVED, THAT: 1. the City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property at a price of $5,250.00; 2. the City Council does hereby authorize the expenditure of the sum of $248.75 for the payment of the 1968 city, county, school taxes through November 1969 applicable to this property, and does further authorize the expenditure of the sum of $60.00 to cover the cost of the title insurance policy on this property, 3.. the City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the provisions that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreational General Obligation Bond Issue; and 4, the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #61-70 RESOLVED, that with regard to the "Resolution of Intent to Sell Industrial Revenue Bonds" for American Mailers and Binders, as transmitted by the Industrial Development Commission under date of November 18, 1969, the Council does hereby determine to take no further action with respect to the same. 11116 A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Raymond and McCann. NAYS: Ventura and McNamara. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #62-70 RESOLVED, that having considered a communication from the Mayor, dated January 7, 1970, to which is attached a communication dated December 23, 1969 from the Water and Sewer Commissioner, as well as a communication dated December 15, 1969 from the Civil Defense Director, with regard to the proposed purchase of the Pump Station and Storage Tank on Five Mile Road, the Council does hereby determine to advise the County Board of Supervisors that the City of Livonia has no interest at this time in purchasing the said pump station property. The report on Interest Project MICH-55-1 from the Livonia Housing Commis- sion, dated December 5, 1969, and requested in Council Resolution #1268-69, was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Nash, it was #63-70 RESOLVED, that having considered a communication from the Personnel Director, dated November 20, 1969, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on November 4, 1969, wherein a request is made for an automobile and expense allowance for the members of the Civil Service Commission, and having also considered a supplemental communica- tion dated January 5, 1970 with regard to this matter, the Council does hereby authorize and establish an automobile and expense allowance in the amount of $50.00 per month for each member of the Civil Service Commission commencing on and after February 1, 1970, further, the Council does hereby authorize the transfer of the sum of $1500.00 from the Reserve for Contingencies Account to Account #220-861 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #64-70 RESOLVED, that having considered a communication from the Parks & Recreation Commission, dated November 21, 1969, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby 11117 approve and authorize the following Supplemental Fee Schedule with regard to the City's Municipal Swimming Program for use at the City's Municipal Pools commencing with the 1970 season: A. Individual adult season passes (18 years and over) $10.00 B. Individual children season passes (under 18 years of age) 6.00 C. Family season passes (not limited in number) 20.00 D. Identification of individuals to be made by suitable patches sewn onto bathing suits and the Superintendent�of Parks & Recreation, the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to implement the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Ventura, Raymond, McCann, and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was 45-70 RESOLVED, that having considered a communication from the Depart- ment of Law, dated November 21, 1969, and submitted pursuant to Council Resolution #1051-69, the Council does hereby authorize the conveyance of the City's interest in certain property designated as Parcel 22e13a1 in the Seiting Gardens Subdivision to the Mahlen Land Company, and the Mayor and City Clerk are hereby requested to affix their signatures to a quit claim deed in behalf of the City of Livonia for this purpose; and the Department of Law is hereby requested to do all things necessary to assist in completing this transaction. A roll call vote was taken on the foregoing resolution with the following result- AYES: Nash, Ventura, Raymond, McCann and McNamara. NAYS: None. The communication from the Department of Public Works, dated December 12, 1969 with respect to the complaint of Hansford Rennolds as to the charge of weed cutting on his property, as requested in Council Resolution #1212-69, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was 11118 #66-70 RESOLVED, that having considered a communication from the Planning Director, Chairman of the City Planning Commission, Chief Building Inspector and the Director of Public Works, dated November 26, 1969, and approved for submission by the Mayor, wherein a request is made for the adoption of the 1970 BOCA Basic Housing Code for the purpose of replacing the City's present Minimum Housing Code, the Council does hereby refer this matter to the Department of Law for the preparation of an appropriate Ordinance for this purpose, the same to thereafter be submitted to the City Council for its consideration. By Councilman Nash, seconded by Councilman Raymond, it was #67-70 RESOLVED, that having considered a communication from the Industrial Coordinator, dated December 3, 1969, and approved by the Mayor, with regard to the advertising program in the Sunday industrial real estate section of the Detroit News, the Council does hereby authorize the expenditure of an additional sum in the amount of $15+.56 to cover an increase in the rate charged by the Detroit News which was made effective on and commencing after January 1, 1970; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Ventura, Raymond, McCann and McNamara. NAYS; None. By Councilman Ventura, seconded by Councilman McCann, it was #68-70 RESOLVED, that having considered a communication from the Parks & Recreation Commission, dated December 11, 1969, approved by the Budget Director and approved for submission by the Mayor, with regard to the development of the City-owned park site located in Section 18, the Council does hereby concur in the recommendation made by the Parks & Recreation Commission and requests that the Department of Public Works prepare plans and specifications for the limited development of the said Park Site and thereafter submit a report to the City Council which will include cost estimates relating to providing top soil, reseeding where necessary, planting of trees, three or four pieces of playground equip- ment, etc. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Ventura, Raymond, McCann and McNamara. NAYS* None. By Councilman McCann, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the City Clerk, dated December 17, 1969, the Council does hereby determine to accept the bid of Printing Service, Inc., Detroit, Michigan, for furnishing 11119 the City with 2,000 printed copies of the City's Zoning Ordinance, Ordinance No. 543, as amended, in the manner indicated in the aforesaid communication, for the sum of $1660.00, the same having been in fact the lowest bid received with respect to this item; further, the Council does hereby authorize the expenditure of the sum of $1660.00 from the Reserve for Contingencies Account for this purpose; and the City Clerk is hereby authorized to make copies of the said Zoning Ordinance available to the public, for the price of $1.50 per copy, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result- AYES: McCann. NAYS: Nash, Ventura, Raymond and McNamara. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #69-70 RESOLVED, that having considered a communication from the City Clerk dated December 17, 1969 with respect to bids for furnishing the City with 2,000 printed copies of the City's Zoning Ordinance, Ordinance No. 543, as amended, the Council does hereby determine to reject all bids received and does further request the Budget Director to do all things necessary to re-advertise and obtain new bids with respect to this item in accordance with the provisions set forth in the City's Financial Ordinance, Ordinance No. 216, as amended. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #70-70 RESOLVED, that having considered the report and recommendation dated December 4, 1969 from the City Planning Commission, which sets forth its resolution #11-163-69 in regard to Petition No. 69-10-1-33 submitted by Encore Restaurant for a change of zoning on property located on the west side of Middlebelt Road between Bretton and St. Martins in the S.E. 1/4 of Section 2 from RUFA to C-2, and having also considered a communication dated November 28, 1969 from Robert A. Willihnganz, Attorney at Law, submitted in behalf of his client, Encore Restaurant, the Council does hereby refer this matter back to the Planning Commission for further consideration, in accordance with the request made by Mr. Willihnganz. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was 11120 #71-70 RESOLVED, that having considered the report and recommendation dated October 1, 1969 from the City Planning Commission, which sets forth its resolution #9-130-69 in regard to Petition 69-8-1-26 submitted by William N. Ponder, attorney for Best Block Company, for a change of zoning on property located south of Five Mile Road east of Bainbridge Avenue in the N. W. 1/4+ of Section 23 from RUF to M-1, and the Council having conducted a public hearing with regard to this matter on November 26, 1969, pursuant to resolution #1168-69, and having also considered the report submitted by the committee referred to in Council Resolution #1332-69 with regard to this matter, the Council does hereby request that the Bureau of. Inspection and the District Court stay all proceedings and hold the same in abeyance until such time as the Council receives a report from the City Attorney and the Industrial Coordinator on the feasibility of relocating Best Block Company to another location by the use of either an Industrial Revenue Bond Issue or such other means as may be available for this purpose. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #72-70 RESOLVED, that the Council does hereby request that the Bureau of Inspection submit a report to the Council which details the manner in which restaurants which are located in the vicinity of Seven Mile and L Middlebelt Road have obtained permission in this regard, i. e. as permitted uses or as waiver uses. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #73-70 RESOLVED, that the Council does hereby determine to remove from the table the proposed amendment to amend the Plat Ordinance, which matter was previously tabled in CR#1329-69. Councilman Nash gave second reading to the following Ordinance: AN ORDINANCE TO ADD PARAGRAPH (q) TO SECTION 9-116 (PLAT ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA, INTRODUCED BY COUNCILMAN NASH ON NOVEMBER 24, 1969. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Nash, Ventura, Raymond, McCann and McNamara. NAYS: None. LThe President declared the foregoing Ordinance duly adopted, and would become effective on publication. 11121 By Councilman Nash, seconded by Councilman McCann, it was #74-70 WHEREAS, Act 40, Chapter 17, Section 395 of the Public Acts of the State of Michigan of 1956, as amended, provides the method and manner that Wayne County Drain Commissioner, HENRY V. HERRICK, may relinquish jurisdiction and control to a city of a drainage district under his jurisdiction and control, upon which there is no outstanding indebtedness or contract liability and which district is located within the boundaries of a city, and WHEREAS, it has been determined that there is no outstanding indebtedness or contract liability on the LIVONIA DRAIN NO. 10, located in the City of Livonia, and WHEREAS, This petition is necessary and in compliance of Act 40, Chapter 17, Section 395 of the Public Acts of the State of Michigan of 1956, as amended, and in the best interest of the public health, safety and welfare of the citizens of the City of Livonia, NOW THEREFORE, BE IT RESOLVED, That the City Council of the City of Livonia hereby petitions HENRY V. HERRICK, Wayne County Drain Commis- sioner and the Wayne County Board of Supervisors to permit the Wayne County Drain Commissioner to relinquish jurisdiction of the LIVONIA DRAIN NO. 10 Drain to the City of Livonia, AND BE IT FURTHER RESOLVED, That the City Council of the City of dimLivonia on behalf of the City of Livonia, hereby agrees that upon transfer of said jurisdiction of the LIVONIA DRAIN NO. 10 Drainage District, it shall assume the maintenance, jurisdiction, control and operation of the LIVONIA DRAIN NO. 10 Drainage District and of the LIVONIA NO. 10 Drain, BE IT FURTHER RESOLVED, That this petition be presented to HENRY V. HERRICK, Wayne County Drain Commissioner for his action and consideration and for the concurrent approval of the Wayne County Board of Supervisors. A roll call vote was taken on the foregoing resolution with the following result' AYES: Nash, Ventura, Raymond, McCann and McNamara. NAYS : None. By Councilman Nash, seconded by Councilman McCann, it was #75-70 WHEREAS, Act 40, Chapter 17, Section 395 of the Public Acts of the State of Michigan of 1956, as amended, provides the method and manner that Wayne County Drain Commissioner, HENRY V. HERRICK, may relinquish jurisdiction and control to a city of a drainage district under his jurisdiction and control, upon which there is no outstanding indebtedness or contract liability and which district is located within the boundaries of a city, and WHEREAS, It has been determined that there is no outstanding indebtedness or contract liability on the LIVONIA DRAIN NO. 14, located in the City of Livonia, and 11122 WHEREAS, This petition is necessary and in compliance of Act 40, Chapter 17, Section 395 of the Public Acts of the State of Michigan of 1956, as amended, and in the best interest of the public health, safety and welfare of the citizens of the City of Livonia, NOW THEREFORE, BE IT RESOLVED, That the City Council of the City of Livonia hereby petitions HENRY V. HERRICK, Wayne County Drain Commis- sioner and the Wayne County Board of Supervisors to permit the Wayne County Drain Commissioner to relinquish jurisdiction of the LIVONIA DRAIN NO. 14 Drain to the City of Livonia, AND BE IT FURTHER RESOLVED, That the City Council of the City of Livonia on behalf of the City of Livonia, hereby agrees that upon transfer of said jurisdiction of the LIVONIA DRAIN NO. 14 Drainage District, it shall assume the maintenance, jurisdiction, control and operation of the LIVONIA DRAIN NO. 14 Drainage District and of the LIVONIA NO. 14 Drain, BE IT FURTHER RESOLVED, That this petition be presented to HENRY V. HERRICK, Wayne County Drain Commissioner for his action and considera- tion and for the concurrent approval of the Wayne County Board of Supervisors. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Ventura, Raymond, McCann and McNamara. NAYS• None. By Councilman Nash, seconded by Councilman McCann, it was #76-70 WHEREAS, Act 40, Chapter 17, Section 395 of the Public Acts of the State of Michigan of 1956, as amended, provides the method and manner that Wayne County Drain Commissioner, HENRY V. HERRICK, may relinquish jurisdiction and control to a city of a drainage district under his jurisdiction and control, upon which there is no outstanding indebtedness or contract liability and which district is located within the boundaries of a city, and WHEREAS, It has been determined that there is no outstanding indebtedness or contract liability on the LIVONIA DRAIN NO. 18, located in the City of Livonia, and WHEREAS, This petition is necessary and in compliance of Act 40, Chapter 17, Section 395 of the Public Acts of the State of Michigan of 1956, as amended, and in the best interest of the public health, safety and welfare of the citizens of the City of Livonia, NOW THEREFORE, BE IT RESOLVED, That the City Council of the City of Livonia hereby petitions HENRY V. HERRICK, Wayne County Drain Commis- sioner and the Wayne County Board of Supervisors to permit the Wayne County Drain Commissioner to relinquish jurisdiction of the LIVONIA DRAIN NO. 18 Drain to the City of Livonia, 11123 AND BE IT FURTHER RESOLVED, That the City Council of the City of Livonia on behalf of the City of Livonia, hereby agrees that upon transfer of said jurisdiction of the LIVONIA DRAIN NO. 18 Drainage District, it shall assume the maintenance, jurisdiction, control and operation of the LIVONIA DRAIN NO. 18 Drainage District and of the LIVONIA NO. 18 Drain, BE IT FURTHER RESOLVED, That this petition be presented to HENRY V. HERRICK, Wayne County Drain Commissioner for his action and consideration and for the concurrent approval of the Wayne County Board of Supervisors. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Ventura, Raymond, McCann and McNamara. NAYS: None. The communication dated December 23, 1969 from the Department of Law with respect to Wayne County Circuit Court Civil Action No. 145-932 (Lieutenant Robert E, Thorne vs. Donald Nicholson, Director of Public Safety and Robert J. Turner, Chief of Police of the City of Livonia, was received and filed for the information of the LCouncil. By Councilman Ventura, seconded by Councilman Nash, it was #77-70 RESOLVED, that having considered a communication from the Depart- ment of Law, dated December 1, 1969, transmitting for acceptance certain documents in connection with the development of the Yankee District Store, which documents are more particularly described as : Grant of easement dated November 11, 1969 executed by Borman's Inc., a Delaware Corporation, by Paul Borman, President, and Stanley B. Friedman, Secretary, conveying: Easement Description- An Eighteen (18' foot wide easement over part of the N.E. 1/4 of Section 1, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, the centerline of which being described as : Beginning at a point on the West line of Gillman Avenue(60' wide) extended, said point being Northerly 9.0' from the N.E. corner of Lot 504 of the Argonne Subdivision as recorded in Liber 40, on Page 5 of Plats, Wayne County Records, Thence from said point of beginning, Easterly, parallel to and 9.0' North of the North line of said Argonne Subdivision, 681.00' to a point ending on the West line of Deering Avenue (60' wide) extended, said point of ending being Northerly 9.0' from the N.E. corner of Lot 365 of said Argonne Subdivision. 11124 Also, an Eighteen (18' ) foot wide easement over part of the N.E. 1/4 of Section 1, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, the centerline of which being described as : Beginning at a point on the East line of Angling Road (66' wide) said point being N. 1°53' 12" E., along the East Line of Angling Road, 50.73' from the N. W. corner of Lot 505 of the Argonne Subdivision as recorded in Liber 40, on Page 5 of Plats, Wayne County Records, Thence from said point of beginning, N.47° 27' 11" E., 168.66' , Thence S. 66° 53' 23" E., 244.46' to point "A"; Thence S. 40° 30' 10" W., along a lateral service 90.48' to a point of ending for said lateral service at the point of intersec- tion of the centerline of Gillman Avenue (60' wide) and the North line of said Argonne Subdivision; Therce continuing from point "A' as mentioned above S. 71° 00' 23" E., 183.74' ; Thence due East along a line 9.00' North of and parallel to the North line of said Argonne Subdivision, 141.00' to a point of ending on the East line of Floral Avenue (60' wide) extended. Parcel Description: Lots 93 to 99 inclusive and part of Lots 100, 101 and 102 of Argonne Annex, a Subdivision of part of N. E. 1/4 of Section 1,T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan as re- corded in Liber 46, Page 35 of Plats, Wayne County Records, Also vacated HemUin Ct. lying North of and adjacent to Lots 97 and 98 and vacated Deering Ave. adjacent to Lots 98, 99 and part of 100 and the following acreage parcels: Part of 01Alal, 0131, 0132, 0101, OlD, OlE, 01G2, part of 01G1, 01F1, 01H and vacated Deering Avenue adjacent to Parcels Alai., Bl, and B2. Also described as part of the N. E. 1/4 of Section 1, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the South line of 8 Mile Road distant N. 89° 50' 00" E. 391.47 feet and S. 02° 10' 00" W. 60.05 ft. and N. 89° 50' 00" East 150.00 ft. from the North 1/4 corner of Section 1, T. 1 S., R. 9 E. , and proceeding thence along the South line of 8 Mile Road, North 89° 50' 00" East 775.53 feet, thence S. 00° 05' 20" East 60.52 ft. thence S. 60° 24' 00" East 226.59 ft.; thence S. 29° 36' 00" W. 63.22 ft. thence S. 60° 24' 00" E. 190.57 ft. , thence S. 00° 101 25" East 241.63 ft., thence S. 89° 48' 20" West 231.46 ft.; thence N 00° 05' 20" West 90.66 ft. ; thence N. 89° 58' 50" West 1044.05 ft. thence N. 02° 10' 00" East 320.45 ft. thence N. 89° 50' 00" East 156.11 ft., thence N. 00° 10' 00" West 150.00 ft. to the point of beginning. Containing 544,194 square feet of 12.49297 acres. Subject to and together with easements of record. Subject to an easement for utilities over vacated Deering Avenue, described as that part of the N. E. 1/4 of Section 1, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant N. 89° 50' 00" E. 1314.64 ft. and S. 00° 05' 20" E. 60.00 ft. from the N. 1/4 corner of Section 1, T. 1 S., R. 9 E., and proceeding thence N. 89° 50' 00" E. 60.00 ft. thence S. 00° 05' 20" E. 473.46 ft. , thence N. 89° 58' 50" W. 60.00 ft. ; thence N. 00° 05' 20" W. 473.26 ft. to the point of beginning. Containing 28,401 sq. ft. or 0.65199 acres. 11125 Quit Claim Deed dated November 11, 1969 and executed by Borman's, Inc., a Delaware Corporation, by Paul Borman, President, and Stanley B. Friedman, Secretary, conveying: The South 10.66 feet of the west 40.00 feet of Lot 100 and the west 40.00 feet of Lot 101 and Lot 102 of Argonne Annex Subdivision, as recorded in Liber 46, Page 35, Wayne County Records, part of the N. E. 1/4 of Section 1, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (Part of Bureau of Taxation Parcel No. 's 01c100, 01c101, and 01c102) the Council does herein for and on behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is herein requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #78-70 RESOLVED, that having considered a communication from the Parks & Recreation Commissa.on, dated December 29, 1969, approved by the Mayor and the Budget Director, with regard to a donation made by the Kiwanis Club of Livonia in the amount of $550.00 for the purchase of an electric scoreboard to be used at the Devon-Aire Woods Ice Rink, the Council does hereby accept the said sum in behalf of the City of Livonia for this purpose and joins with the Parks & Recreation Commission in expressing appreciation to the Kiwanis Club for its interest in the City's expanding recreation programs. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Ventura, Raymond, McCann and McNamara. NAYS: None. The communication dated December 30, 1969 from William G. Gray, acknowl- edging the excellency of the Whispering Willows Golf Course, was received and filed for the information of the Council. The Department of Law's communication dated January 9, 1970 with respect to the "Copper Piping Anti-Trust Settlement" was received and filed for the informa- tion of the Council. 11126 The communication from the Department of Law, dated January 12, 1970 with respect to the Circuit Court suit (Riviera Homes,Inc. vs Feige and City of Livonia) was received and filed for the information of the Council. The communication from the Wayne County Department of Health, dated December 31, 1969, transmitting the "Neighborhood Rodent Evaluation Report', was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman McCann, it was #79-70 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 4, 1969, and the report and recommenda- tion dated January 8, 1970 from the Chief of the Livonia Division of Police in connection therewith, the Council does hereby approve of the request from Garry D. and Nancy L. Cook for transfer of ownership of 1969 SDM Licensed Business, located at 28490 Joy Road, Livonia, Michigan, from Chris S. Cranias and Kenneth R. Fetterman, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. LA roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #80-70 RESOLVED, that having considered the report and recommendation dated January 9, 1970 from the City Engineer and the Assistant City Engineer, approved by the Director of Public Works and approved for sub- mission by the Mayor, the Council does hereby authorize Final Payment in. the amount of $342.00 to the Macomb Concrete Corporation, 33180 Kelly Road, Fraser, Michigan, which sum includes the full and complete balance due on a Contract dated July 3, 1967 in connection with the 1967 Miscellaneous Paving Program, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed; 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 : Nash, Ventura, Raymond, McCann and McNamara. LNAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was 11127 #81-70 RESOLVED, that having considered the report and recommendation dated January 9, 1970 from the City Engineer and the Assistant City Engineer, approved by the Director of Public Works and approved for sub- mission by the Mayor, the Council does hereby authorize the Budget Director and the Director of Public Works to do all things necessary for the purpose of obtaining bids for the installation of approximately 300 feet of off site 36-inch storm sewer construction, such storm sewer to be a branch of the Livonia Drain #7 and to be financed out of the surplus funds of the Livonia Drain #7 Construction Account, 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: Nash, Ventura, Raymond, McCann and McNamara. NAYS: None. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 20 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS Imit THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 69-8-1-7 FOR CHANGE OF ZONING FROM RUF TO R-2. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #82-70 RESOLVED, the Council does hereby determine that the regular meetings for the month of February 1970 shall be conducted on the follow- ing dates at 8:00 P. M. : Monday, February 2, 1970 Monday, February 23, 1970. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, this 675th regular meeting of the Council of the City of Livonia was duly adjourned at 9.40 P. M., January 19, 1970. 4411 L-064-1---0-74-) -498111k ,- ADDISON W. BACON, •