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HomeMy WebLinkAboutCOUNCIL MINUTES 1970-06-08 11357 MINUTES OF THE SIX HUNDRED EIGHTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 8, 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 8:12 P. M.. Councilman Bennett delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Edward G. Milligan, Robert E. McCann, Robert D. Bennett and *Jerry Raymond. Absent--None. Elected and appointed officials present: Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk; Virginia G. Handzlik, Deputy City Clerk; Robert Osborn, Director of Public Works; Carl J. Wagenschutz, City Treasurer; William J. Strasser, City Engineer; Harry C. Tatigian, City Attorney; John T. Dufour, Superintendent of Parks and Recreation; Carl Demek, Superintendent of Operations Division; Don Hull, City Planner; Dan Andrew, Industrial Coordinator, Stanley Bien, Chief Librarian; LW. L. Bridges, Personal Property Auditor; William R. Zirblis, Assistant Superintend- ent of Parks and Recreation; Eugene Ehrstin, Director of Public Safety-Police, John Bunk, Fire Department; Charles W. Walker, Planning Commission; Thomas J. Griffiths, Jr., Chief Accountant; William LaPine, Zoning Board of Appeals; and Tommy Mitchell of the Racing Commission. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #465-70 RESOLVED, that the minutes of. the 685th regular meeting of the Council of the City of Livonia, held on May 25, 1970, are hereby adopted. By Councilman Ventura, seconded by Councilman Brown, it was #+66-70 RESOLVED, that the Council takes this means to advise the Honorable Jack McDonald, Congressman for the 19th District, that the Council agrees in principle with the position taken by Edward H.McNamara, Mayor of the City of Livonia, in his letter dated May 28, 1970 in support of the so-called "Shared Revenue Plan" and does further join with Mayor McNamara in requesting that Congressman McDonald at his earliest convenience issue a statement relative to his position on this matter of returning in a fair and equitable manner federal revenues to cities based upon the federal income tax paid by the people of a community. 11358 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was #467-70 RESOLVED, that the Committee of the Whole at its meeting conducted on June 1, 1970 did determine that the Council President should meet some time during the week of June 15, 1970 with the City Clerk, the Chief Accountant and the Superintendent of Parks and Recreation for the purpose of ascertaining what accounting controls and systems should be established in accordance with accepted accounting practices in the operation of the City's concessions and food dispensing activities which serve the public at the various City recreational facilities, and thereafter the aforesaid officials are requested to submit a report and recommendation to the Council in this regard. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. The following resolution was unanimously introduced, supported and adopted' #468-70 WHEREAS, the Council has learned with profound regret of the passing of Austin T. Grant, a former member of the City Council; and WHEREAS, he was elected to the City Council in 1956 and served until 1962, the last four years as Council President, and WHEREAS, during his tenure as Councilman, among his many accomp- lishments he helped to lay the foundation of the City's present aggresive recreation program; and WHEREAS, in every way Austin T. Grant served as an important force in the early formative years of this City, and became known and respected throughout the growing City for his sound decisions and counsel; and WHEREAS, the loss of Austin T. Grant will be felt by those at City Hall who knew him well, his many friends and associates throughout Livonia, and those who knew him only through his fine reputation, NOW, THEREFORE, BE IT RESOLVED that, the City Council does hereby pay tribute to Austin T. Grant in recognition of his many years of respon- sible and fruitful service to the City of Livonia, and does hereby record its bereavement upon the death of a beloved public servant. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was 11359 #469-70 RESOLVED, that having considered a communication from the Mayor, dated June 5, 1970, with respect to the abandoned and dangerous dwelling located on Parcel 24c8b, which parcel is commonly identified as Park Site Z-92 and has been acquired by the City of Livonia, the Council does hereby authorize the Department of Public Works to do all things necessary to remove and demolish the said building, this action being taken pursuant to the authority set forth in Section 15 of Chapter IV of the City Charter. By Councilman Ventura, seconded by Councilman McCann, it was #470-70 WHEREAS, property described as: That part of Section 36, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as the N. 100 feet of the S. 1285 feet of the W. 167.50 feet of the E. 467 feet of the W. 1/2 of the Southeast 1/4 of Section 36; also the N. 50 feet of the S. 1335 feet of the W. 167.50 feet of the E. 467 feet of the W. 1/2 of the S. E. 1/4 of Section 36. (Bureau of Taxation Parcel 361, 117, 118, 119) Park Site Designation CC-141 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 $2800.00; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforedescribed property at a price of $2800.00; and 2. The City Council does hereby authorize the expenditure of the sum of $53.69 as the City's portion of the prorated 1969 City, County, County Drain and School taxes, the same to be prorated as of the date of the option agreement and does further authorize the expenditure of the sum of $45.00 to cover the cost of the title insurance on the subject proper- ty; and 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 provision 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 11360 4. The City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result' AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #471-70 WHEREAS, property described as : THAT PART OF Section 36, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as the N. 100 feet of the S. 1185 feet of the W. 167.50 feet of the E. 467 feet of the W. 1/2 of the Southeast 1/4 of Section 36. (Bureau of Taxation Parcel 361 115-116) Park Site Designation CC-140. Elsie Braccina - owner 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 $2,000.00; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council of. the City of Livonia hereby authorizes the Department of Law to acquire the aforedescribed property at a price of $2,000.00; and 2. The City Council does hereby authorize the expenditure of the sum of $35.84 as the City's portion of the prorated 1969 City, County, County Drain and School taxes, the same to be prorated as of the date of the option agreement, and does further authorize the expenditure of the sum of $40.00 to cover the cost of the title insurance on the subject property, and 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 provision 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 frill performance of this resolution. 11361 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was #472-70 WHEREAS, property described as: That part of the N. E. 1/4 of Section 8, T. 1 S. , R. 9 E. , described as beginning at a point distant S. 89° 44' 10" W. 720.0 feet and S. 0° 17' 20" E. 1918.0 feet from the N. E. corner of Section 8 and proceeding thence S. 0° 17' 20" E. 50 feet; thence S. 89° 44' 10" W. 40.0 feet; thence S. 0° 17' 20" E. 100.0 feet; thence S. 89° 44' 10" W. 224.90 feet; thence N. 0° 25' 50" W. 150 feet; thence N. 89° 44' 10" E. 265.27 feet to the point of beginning. (Bureau of Taxation Parcel 08Blalh) Park Site Designation "H-29" Eva Frieda Schaupeter - owner 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 $4,250.00. NOW, THEREFORE, BE IT RESOLVED, THAT: 1. The City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforedescribed property at a price of $4,250.00; and 2. The City Council does hereby authorize the expenditure of the sum of $35.14 as the City's portion of the prorated 1969 City, County, County Drain and School taxes, the same to be prorated as of the date of the option agreement and does further authorize the expenditure of the sum of $55.00 to cover the cost of title insurance on the subject property' and 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 provision 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 . The City Clerk and. the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 11362 A roll Call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None, By Councilman Brown, seconded by Councilman Ventura, it was #473-70 RESOLVED, that having considered a communication from the City Engineer, dated May 7, 1970, approved by the Director of Public Works and approved for submission by the Mayor, wherein it is recommended that Levan Road between Five Mile Road and Schoolcraft be deleted as a "truck route" the Council does hereby refer this matter to the Department of Law for the preparation of an amendment to Section 6-169(1) of the City's Code of Ordinances, as amended, in accordance with the aforesaid reommendation; further, in accordance with the recommendation set forth in a letter dated May 28, 1970, the Department of Law is requested to include in the proposed revision to the City's Code of Ordinances the following designated additional truck routes : Industrial Road from Merriman Road to Middlebelt Road Sears Avenue from Plymouth Road north 2000 feet Wadsworth Avenue from Sears Avenue East 800 feet Industrial Road from Farmington Road East 1300 feet Westmore Avenue from Industrial Road to Glendale Glendale from Farmington Road east 2800 feet Capitol Avenue from Farmington Road east 2200 feet Mayfield Avenue from Capitol Avenue to Plymouth Road Brookfield Avenue from Capitol Avenue south 800 feet Industrial Road from Levan Road to Stark Road Wayne Road from Schoolcraft south 2300 feet Glendale Avenue from Wayne Road west 300 feet Autry Avenue from Stark Road west 600 feet Veronica Drive from Levan Road east 1400 feet Globe Road from Plymouth Road to Amrhein Market Street from Plymouth Road to Commerce Street Commerce Street from Levan Road to Market Street. A roll tail vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Milligan, McCann and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #474-70 RESOLVED, that having considered a communication from the Mayor, dated May 20, 1970, which transmits a request from Mr. George R. Cook, 1:363 15641 Fairlane Drive, Livonia, Michigan, dated May 12, 1970, wherein a request is made for the vacation of an easement for a walkway where the same is adjacent to Mr. Cookts property, the Council does hereby refer the same to the City Planning Commission for action and recommendation in accordance with provisions of law and City Ordinance. By Councilman Ventura, seconded by Councilman McCann, it was #475-70 RESOLVED, that having considered a communication from the Parks and Recreation Commission, dated May 11, 1970, approved by the Budget Director and approved for submission by the Mayor, wherein it is recommend ed that an agreement be entered into authorizing Mr. John Hubert to conduct a Junior Baseball School on Diamonds 3, 4, 5 & 6 at Henry Ford Centennial Field from 8 A. M. to 12 Noon Mondays through Fridays, commencing on June 15th and terminating on Friday, August 14th, at a rental rate of $25.00 per week, and that the fields be floated and lined each day upon completion of the program by Mr. Hubert, the Council does hereby authorize the Mayor and City Clerk to enter into such an agreement in behalf of the City of Livonia with Mr. John Hubert and does hereby request the Department of Law to prepare the necessary agreement in this regard. A roll call vote was taken on the foregoing resolution with the following result• AYES : Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #476-70 RESOLVED, that having considered a communication from Maciuszek Builders, 31501 Myrna, Livonia, Michigan, dated May 14, 1970, wherein a request is made for the vacating of a certain alley located at the rear of 18769 Farmington Road between Pickford and Clarita, and more particular- ly Lots 91, 92, 93 and 94 in the Seven Mile Super Highway Subdivision, the Council does hereby .cipproverof such petition, and the same is approved, and the Department of Law is hereby requested to prepare the necessary Vacating Ordinance in accordance with this resolution and the Engineering Division is requested to submit to the Department of Law the necessary legal description to be used in connection therewith. roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Milligan and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was 11364 #477-70 RESOLVED, that having considered a communication dated May 15, 1970 from Brashear, Brashear and Duggan, Attorneys for Fred Sanders, Inc.; which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determina- tion made on May 12, 1970 by the City Planning Commission in its resolution #5-48-70 with regard to Petition 70-4-2-8 submitted by Fred Sanders, Inc. , requesting permission to construct and operate a retail baked goods and confectionery store together with an ice cream parlor type restaurant as a waiver use on property zoned C-2 and located on the east side of Middlebelt, north of Seven Mile Road in the Southwest 1/4 of Section 1, the Council does hereby designate Wednesday, July 15, 1970 at 8:00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by publica- tion 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, as amended, the Zoning Ordinance of the City of Livonia *Councilman Raymond arrived at 8:45 P. M. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was ##478-70 RESOLVED, that having considered a communication from the Mayor, dated May 13, 1970, which transmits a proposed Firearms, Longarms and Dangerous Weapons Ordinance, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman McCann, it was #479-70 RESOLVED, that having considered a communication from the City Engineer and Assistant City Engineer, dated May 4, 1970, approved by the Director of Public Works and approved for submission by the Mayor, which transmits a proposed agreement between the City of Livonia and the Michigan State Highway Commission, which agreement would fix the rights and obliga- tions of the said parties in connection with the relocation of certain utility facilities owned by the City, which relocation and alteration is required by the construction of Highways I-96 and I-275, the Council does hereby authorize the Mayor and City Clerk to execute the said agreement in behalf of the City of Livonia in the manner and form submitted, subject to approval as to form by the Department of Law. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. Nays; None. By Councilman Ventura, seconded by Councilman McCann, it was 11365 RESOLVED, that having considered a communication from the City Engineer and Assistant City Engineer, dated May 6, 19701 approved by the Director of Public Works and approved for submission by the Mayor, with regard to the landscaping of the island located on Levan Road south of Seven Mile Road between the existing Beatrice Gardens Subdivision, and the new Gold Manor Subdivision #3, the Council does hereby authorize the proprietor of the Gold Manor Subdivision #3, in lieu of the improvement plans required for the Gold Manor Subdivision #3 with respect to the sodd- ing of the said island, to forward the sum of $165.00 to the Beatrice Gar- dens Civic Association for the purpose of defraying the cost involved in the sodding and improving of the said island, the work to be performed by the Beatrice Gardens Civic Assocation in this regard to be subject to approval of a landscaping plan by the City Planning Department; further, that upon forwarding of the aforesaid sum by the proprietor to the said Civic Association, the Proprietor shall be released of the sodding obliga- tion required in the Improvement Plans for the Gold Manor Subdivision #3. On motion of Councilman Milligan, seconded by Councilman Ventura, the substitute resolution was offered: RESOLVED, that having considered the fact that the Beatrice Gardens Civic Assocation has indicated their desire to landscape the island in Gold Manor Subdivision #3 in accordance with plans submitted to and approved by the City, the Council does hereby determine that Mr. Hyman Gold, proprietor of Gold Manor Subdivision #3 be relieved of his responsibility to contribute to the City the amount of $165.00 for the improvement of this island as was previously required by action of this Council. On motion of Councilman Raymond, seconded by Councilman Ventura, the following substitute resolution was offered in lieu of the foregoing substitute resolution: #480-70 RESOLVED, that having considered a communication from the City Engineer and Assistant City Engineer, dated May 6, 1970, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the landscaping of the island located on Levan Road south of Seven Mile Road between the existing Beatrice Gardens Subdivision and the new Gold Manor Subdivision #3, the Council does hereby determine that the City accept the $165.00 which should be forthcoming from Mr. Hyman Gold, proprietor of Gold Manor Subdivision #3 for the landscaping of the island and simultaneously accept the offer of the Beatrice Gardens Civic Associa- tion to complete the work as they have expressed, and the City Clerk shall thereafter transfer the sum of $165.00 to the Beatrice Gardens Civic Association for the purposes referred to. A roll call vote was taken on the motion to substitute, for the substitute resolution, with the following resolution AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: Milligan. The President declared the motion to substitute, for the substitute resolution adopted 11366 A roll call vote was taken on the substitute resolution was taken with the following L result. AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: Milligan. The President declared the substitute resolution adopted. A roll call vote was taken on the resolution, as substituted, with the following result: AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: Milligan. The President declared the resolution, as substituted, adopted. By Councilman Brown, seconded by Councilman Ventura, it was #481-70 RESOLVED, that the Council does hereby request the Mayor and the Directorof Public Works to submit a report and recommendation relative to the possible use of synthetic turf and/or asphalt or concrete in lieu of sodding of boulevard islands, cul-de-sacs, etc. located in subdivisions. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #482-70 RESOLVED, that having considered a communication from George M. Marston, O.D., 32037 Plymouth Road, Livonia, Michigan, dated May 7, 1970, wherein a complaint is submitted regarding the lack of adequate off-street parking as a result of the operationr-of the Office of the Secretary of State at Plymouth Road and Blackburn, the Council does hereby request the Mayor to submit a report relative to Dr. Marston's statement that the office referred to presently "meets the off-street parking requirements as prescribed by our City Ordinance", further, the Council does hereby request the Planning Department to submit a report and recommendation relative to the requirements prescribed in the City's Zoning Ordinance with regard to the operation of offices of 'the Secretary of State, further, the Department of Law is requested to render a report as to whether or not a Secretary of State office is exempt from the provisions of the Zoning Ordinance. 11367 By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #483-70 RESOLVED, the Council does hereby request Secretary of State James M. Hare, that in the event that a Secretary of State office is again located in the City of Livonia, to use his influence to locate and operate such office in an area where adequate parking is provided. By Councilman Ventura, seconded by Councilman Brown, it was #484-70 RESOLVED, that having considered a communication from the Water and. Sewer Board, dated May 18, 1970, approved for submission by the Mayor, which transmits its resolution #WS 1337 5/70 with regard to an agreement to be entered into between the Michigan State Highway Commission and the City of Livonia for the purpose of fixing the rights and obligations of the parties thereto in Egreeing to the installation by the Commission of 55 tapping valves or gate valves and boxes in conjunction with the Highway 1-96 construction within the corporate limits of the City, the Council does hereby authorize the Mayor and City Clerk to execute the said agreement in behalf of the City of Livonia; further, the Council does hereby authorize the payment of the sum of $19,530.00 in accordance with the provisions of the aforesaid agreement and the Capital Outlay Portion of the Water Department Budget is hereby amended to include the additional sum of $4530.00 for this purpose; 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS : None. By Councilman McCann, seconded by Councilman Raymond, it was #485-70 RESOLVED, that having considered the report and recommendation dated March 3, 1970 from the City Planning Commission which sets forth its resolution #2-21-70 in regard to Petition No. 69-8-1-27 submitted by Robert E. Greenstein, attorney for Dr. George and Mathilde Rovin, for a change of zoning of property located on the east side of Middlebelt Road, north of Pickford Avenue in the N. W. 1/4 of Section 12 from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on April 29, 1970, pursuant to resolution #194-70, the Council does hereby reject the recommendation of the Planning Commission and the said. Petition No. 69-8-1-27 is hereby approved and granted; and the City Plannel 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, as amended, in accordance with this resolution. By Councilman Bennett, seconded by Councilman Brown, the following substi- tute resolution was offered in lieu of the foregoing. 11368 RESOLVED, that having considered the report and recommendation dated March 3, 1970 from the City Planning Commission which sets forth its resolution #2-21-70 in regard to Petition No. 69-8-1-27 submitted by Robert E. Greenstein, attorney for Dr. George and Mathilde Rovin, for a change of zoning of property located on the east side of Middlebelt Road, north of Pickford Avenue in the N. W. 1/4 of Section 12 from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on April 29, 1970, pursuant to resolution #194-70, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 69-8-1-27 is hereby denied for reasons similar to those set forth in the action taken by the Planning Commission. A roll call vote was taken on the motion to substitute with the following result: AYES: Bennett. NAYS: Brown, Ventura, Raymond, Milligan, McCann and Nash. The President declared the resolution to substiture denied. A roll call vote was taken on the original resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #486-70 RESOLVED, that pursuant to Section 23.01(a) of the Zoning Ordinance, No. 543, as amended, the Council on its own motion requests the City Planning Commission to conduct a Public Hearing, and thereafter submit, a report and recommendation to the Council with regard to the rezoning of all property located on the east side of Middlebelt Road, from Pickford Avenue to Clarita, from the present zoning classification to a C-2 zoning classification. at 9:37 P. M. , a recess was called after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. The item on the agenda with respect to request from Washington School PTA for a Traffic Signal or Skywalk at Ann Arbor Road, was removed from the agenda and will be considered at the study session to be conducted on June 10, 1970. By Councilman Bennett, seconded by Councilman Brown, it was 11369 #487-70 RESOLVED, that having considered a communication from the Personnel Director, dated June 30, 1969, which transmits a resolution adopted by the Civil Service Commission, wherein it is recommended that effective commencing on and after December 1, 1969: 1. One position of Planner II b•e reclassified to Planner III. 2. The following classifications for sub-professional planning work in the Planning Department be established: a. Planning Technician I with the following rate: Step 4 Step 5 Annual $6,864.00 $7,113.60 Bi-weekly 264.00 273.60 Hourly 3.30 3.42 b. Planning Technician II with the following rate: Step 4 Step 5 Annual $7,321.60 $7,654.40 Bi-weekly 281.60 294.40 Hourly 3.52 3.68 3. That one position. of Engineering Trainee I be reclassified to Planning Technician II and having also considered a communication from the Mayor, dated May 27, 1970 with respect to this matter, the Council does hereby determine to concur in and approve of the aforesaid action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Milligan, Raymond, Milligan and Nash. NAYS: Ventura. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Bennett, it was #488-70 RESOLVED, that having considered a communication dated May 12, 1970 from the Michigan Liquor Control Commission with regard to an applica- tion from Kenneth G. Timmons for a new full year Class "C" license to be located in the City of Livonia, the Council does hereby refer this matter to the Committee of the Whole for its consideration along with all other such applications. k roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Milligan, Raymond, Milligan and Nash. NAYS: *Ventura. The President declared the resolution adopted. 11370 *Councilman Ventura made the following statement: My not vote is cast Lbecause I do not feel that applicants for a Class "C" license should be referred to the Committee of the Whole, but be allowed to appear before the Council to present their views. By Councilman Brown, seconded by Councilman Bennett, it was 4489-70 RESOLVED, that having considered a communication dated April 27, 1970 from the Michigan Liquor Control Commission with regard to an applica- tion from Belcrest Real Estate Company, Robert C. Horvath, President, of 25930 Ford Road, Dearborn Heights, for a new full year Class "C" license to be located on the corner of Eight Mile and Gill Roads in the City of Livonia, the Council does hereby refer this matter to the Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Raymond, Milligan, McCann and Nash. N NAYS: Ventura. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Ventura, it was L #490-70 RESOLVED, that having considered a communication from the Michi- gan Liquor Control Commission, dated October 16, 1969, and the report and recommendation dated May 14, 1970 from the Chief of the Livonia Division of Police in connection therewith, the Council does hereby approve of the request from the American Legion Post No. 32 (Myron H. Beals) for a new Club License and Dance Permit to be located at 9310 Newburgh Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result . AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was 4491-70 RESOLVED, that having considered a communication from the Michi- gan Liquor Control Commission, dated March 6, 1970, and the report and recommendation dated April 21, 1970 from the Chief of the Livonia Division of Police in connection therewith, the Council does hereby approve of the request from Demetrios Anagnos to transfer ownership of 1969 Licensed Business located at 28444 Joy Road, Livonia, Michigan, from John Maynard L Pare, II aka John B. Pare; and the City Clerk is hereby requested to for- ward a certified copy of this resolution to the Michigan Liquor Control Commission. 11371 A roll call vote was taken on the foregoing resolution with the following result: LAYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, it was #492-70 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated April 20, 1970, and the report and recommendation dated May 20, 1970 from the Chief of the Livonia Division of Police in connection with a request from Amos Armen Zion for a new SDM License to be located at 32105 Plymouth Road, Livonia, Michigan 48150, the Council does hereby determine to table this matter until such time as a report is received from the Planning Department relative to the possible acquisition of the aforesaid property by the City for the purpose of demolishing said building and provide parking in this area. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Raymond, Milligan, McCann and Nash. NAYS: Ventura. The President declared the resolution adopted. The communication dated April 27, 1970, from the Department of Law in Lresponse to Council Resolution No. 465-65, relative to a proposed Ordinance which would tend to regulate Carnival Rides and Amusement Parks, was received and filed for the information of the Council. The communication dated May 14, 1970 from the Department of Law in connec- tion with Wayne County Circuit Court Civil Action #149316 (Elias Brothers Restaurants, Inc. v. City of Livonia), was received and filed for the information of the Council. The communication dated May 20, 1970 from the Department of Law with respect to the proposed rezoning by Best Block Company, Petition #69-8-1-26, was received and filed for the information of the Council. The communication dated April 13, 1970 from the Chief of the Livonia Division of Police, in response to Council Resolution No. 198-70, with respect to the possible installation of a "Stop Sign" at Orangelawn and Clement Circle, East, was received and filed for the information of the Council. 11372 By Councilman Raymond, seconded by Councilman McCann, it was #493-70 RESOLVED, that having considered a communication dated February 24, 1970 from E. Albert Langer, 13080 Inkster Road, Detroit, Michigan 48239, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed split and combination of Lots 7, 8, 9 and 10, Merriman Road Industrial Subdivision would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly,approve of the same, the legal descriptions of which parcels shall read as follows : Parcel A All of lot 7 and the West 12.0 feet of lot 8 of Merriman Road Industrial Road Subdivision of part of the N. W. 1/4 of Section 26, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, according to the Plat thereof as recorded in Liber 88 of Plats, Pages 25 and 26, Wayne County Records. Parcel B The East 138.0 feet of lot 8 and. the West 126.0 feet of lot 9 of Merriman Road Industrial Subdivision of part of the N. W. 1/4 of Section 26, T. 1 S. , R. 9 E., City of. Livonia, Wayne County, Michigan, according to the Plat thereof as recorded in Liber 88 of Plats, Pages 25 and 26, Wayne County Records. Parcel C The East 24.0 feet of lot 9 and all of lot 10 of Merriman Road Industrial Road Subdivision of part of the N. W. 1/4 of Section 26, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, according to the Plat thereof as recorded in Liber 88 of Plats, Pages 25 and 26, Wayne County Records. as shown on the map attached to the aforesaid communication 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was #494-70 RESOLVED, that having considered a communication dated April 27, 1970 from Donald G. Fuller, 15533 Merriman Road, Livonia, Michigan 48154, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division or partition of Lot 149, Brightmoor Home Acres 11373 Subdivision would not be contrary to the spirit and purpose of the afore- said Ordinance and does, accordingly, approve of dividing of same into two parcels, the legal descriptions of which shall read as follows: Parcel A The North 1/2 of Lot 149 of "Brightmoor Home Acres" being a subdivision of part of the S. W. 1/4 of Section 15, T. 1 S. , R. 9 E. , Livonia Twp., (now City of Livonia) Wayne County, Michigan, as recorded in Liber 51 on Page 1 of Wayne County Records, Parcel B The South 1/2 of Lot 149 of "Brightmoor Home Acres" being a subdivision of part of the S. W. 1/4 of Section 15, T. 1 S., R. 9 E., Livonia Twp., (now City of Livonia), Wayne County, MUlligan, as recorded in Liber 51 on Page 1 of Wayne County Records. as shown on the map attached to the aforesaid communication 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. A roll call vote was taken on the foregoing resolution with the following result- AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Milligan, it was #495-70 RESOLVED, that having considered the report and recommendation dated May 11, 1970, from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Item No. 8 of Council Resolution No. 350-69 adopted on March 26, 1969, so as to reduce the financial assurance now on deposit with the City for General Improvements in Dover Courts Subdivision No. 2 to $1000.00 in cash to cover general cleanup and that the Sidewalk Bond be reduced to $4220.00 in cash to cover installation of remaining side- walks, 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 roil cp11 vote was taken on the foregoing resolution with the following result AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and. Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was 11374 #496-70 RESOLVED, that having considered the report and recommendation dated April 21, 1970 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of the Financial Assurance's previously deposited with respect to the General Improvement Bond deposited with the City in accordance with Council Resolution No. 697-59 adopted November 9, 1959 as reinstated by Resolution No. 247-64 adopted March 18, 1964, as thereafter subsequently amended including the action taken on February 27, 1967 in Council Resolution No. 231-67 which previously reduced such financial assurances to $10,000.00 of which $2000.00 shall be in cash, to guaranty the satisfactory installation of improvements in County Homes Estates Subdivision No. 2, it appearing from the aforementioned report of the City Engineer that all required improve- ments have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A, roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The communication from the Planning Commission, dated April 23, 1970, relative to a waiver use extension with respect to Petition 66-4-2-9, was received and filed for the information cf the Council. By Councilman McCann, seconded by Councilman Ventura, it was #497-70 RESOLVED, that having considered a communication dated April 23 1970 from the City Planning Commission, which transmits its resolution #3-25-70 adopted by the Commission on March 17, 1970 with regard to Petition 70-2-2-5, submitted by William B. Mills requesting permission tc construct an industrial building to be used for a fire repair contractor operation as a waiver use on property zoned M-1 located on the south side of Schoolcraft Road between Stark and Levan in Section 28, the Council does hereby concur in the recommendation made by the City Planning Commis- sion and Petition 70-2-2-5 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken. on the foregoing resolution with the following result: AYES : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was 11375 #498-70 RESOLVED, that having considered a communication dated April 23, 1970 from the City Planning Commission, which transmits its resolution #3-21-70 adopted by the Commission on March 17, 1970 submitted by John R. Wilder and Dr. Richard Snilivan on behalf of Myron J. Olson and Robert S. Hayes, requesting permission to use lower two offices of exist- ing building on property located on the northeast corner of Farmington Road and Curtis in Section 10 for professional testing and screening of employment abilities and for a life insurance company as a waiver use on property zoned PS, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 70-1-2-1 is hereby approved and granted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #499-70 RESOLVED, that the Council having considered a communication dated April 17, 1970 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of concrete paving on Lyndon Avenue from Fairlane Road to 708' West, City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepar- ed, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of April 20, 1970, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, July 22, 1970 at 8:00 P. M. as the date and time for a Public Hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was 11376 #500-70 RESOLVED, that the Council having adopted resolution #1392-69 at its regular meeting held on December 15, 1969, requiring the City Engineer to ascertain the assessed valuation of all property affected by the propos- ed installation of sanitary sewers, water mains, storm sewers and paving in the Livonia Mall Estates Subdivision, City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared plans and specifications therefor, and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of May 5, 1970, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, July 22, 1970 at 8:00 P. M. as the date and time for a Public Hearing on the Necessi- ty for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #501-70 RESOLVED, that the Council having considered a communication dated April 20, 1970 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valup,tion of all property affected by the proposed installation of paving on Sunnydale Avenue (Middlebelt to Alexander), Broadmoor Avenue (Middlebelt to Harrison), and Alexander Avenue (Sunnydale to Broadmoor), City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, end to prepare and cause to be preparea plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of April 27, 1970, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, July 22, 1970 at 8:00 P. M. as the date and time for a Public Hearing on the Necessity for such proposed improvement, which public hear- t. shall be held before the Council in the City Hall, 33001 Five Mile Road, 11377 Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #502-70 RESOLVED, that the Council having considered a communication dated May 1, 1970 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of paving on Fairlane Road from Five Mile to Lyndon, City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recom- mendations have been properly filed by the City Engineer with the City Clerk under date of May 1, 1970 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, July 29, 1970 at 8:00 P. M. as the date and time for a Public Hearing on the Necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, a,, amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #503-70 RESOLVED, that the Council having considered a communication dated May 1, 1970 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of paying on Hubbard Road from Eight Mile Road to Bretton, City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared plans and specifica- tions therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, 11378 should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recom- mendations have been properly filed by the City Engineer with the City Clerk under date of May 1, 1970 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordi- nances, as amended, the Council does hereby set Wednesday, July 29, 1970 at 8:00 P. M. as the date and time for a Public Hearing on the Necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Milligan, seconded by Councilman McCann, aid- unanimously adopted, it was #504-70 RESOLVED, that the Council having considered a communication dated April 23, 1970 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of paving on St. Francis from Long to Grand River, and on Antago from Long to Grand River, City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared plans and specifications therefor and an estimate fa/ the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of April 27, 1970 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, July 29, 1970 at 8:00 P. M. as the date and time for a Public Hearing on the Necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Ventura, seconded by Councilman Brown, it was RESOLVED, that having considered a communication from the City Planning Commission, dated May 6, 1970, which transmits its resolution #4-40-70 with regard to Petition 68-2-3-4 submitted by James T. Elias, 11379 requesting the vacating of an alley located south of Plymouth Road between Berwick and Ingram Avenue in the N. E. 1/4 of Section 34, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 68-2-3-4 is hereby granted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura. NAYS: Bennett, Brown, Raymond, Milligan, McCann and Nash. The President declared the resolution denied. By Councilman Raymond, seconded by Councilman Bennett, it was #505-70 RESOLVED, that having considered a communication from the City Planning Commission, dated May 6, 1970, which transmits its resolution #4-40-70 with regard to Petition 68-2-3-4 submitted by James T. Elias, requesting the vacating of an alley located south of Plymouth Road between Berwick and Ingram Avenue in the N. E. 1/4 of Section 34, the Council does hereby concur in the recommendation of the City Planning Commission and the said Petition 68-2-3-4 is hereby denied, for the same reasons as those set forth in the aforesaid action of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #506-70 RESOLVED, that having considered a letter from the City Engineer dated May 4, 1970, approved by the Mayor and the Director of Public Works, recommending that the North 43 feet of Bureau of Taxation Parcel 09D12h, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, be dedicated for the Curtis Avenue right-of-way, the Council does hereby determine to dedicate and relinquish the North 43 feet of Bureau of Taxation Parcel 09D12h for roadway purposes, and does further request that the Wayne County Bureau of Taxation record such right-of-way dedication on all maps issued by that office and further, that the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Bureau of Taxation. 4. roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash, NAYS: None. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was 11380 #507-70 RESOLVED, that having considered a communication from the Chief of the Livonia Fire Division, dated April 16, 1970, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby authorize the Fire Chief and the Budget Director to do all things necessary to advertise and obtain bids for the purchase of Fuel Oil and Gas Tanks and Gas Pumps to be used at the Fire Division Headquarters, such action to be taken in accordance with provisions of law and City ordinance. By Councilman Raymond, seconded by Councilman Milligan, it was #508-70 RESOLVED, that having considered a communication from the Budget Director, dated April 27, 1970, approved for submission by the Mayor, pertaining to the renewal with the Gene Harris Agency of the City's Small Equipment Floater Policy for an additional one year period, the Council does hereby table this matter until such time as Mr. Harris is present to explain coverage of this policy, further the City Clerk is hereby authorized to obtain a binder on said equipment until such time as this matter is resolved. A roll call vote was taken on the foregoing resolution with the following result: AYES:'Ventura, Raymond, Milligan and Nash. NAYS: Bennett, Brown and McCann. The President declared the resolution adopted. The communication from the Budget Director, dated April 28, 1970, in response to Council Resolution No. 154-70, relative to trade-ins on new four door sedans, was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Ventura, it was #509-70 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works and the Budget Director, dated May 8, 1970, and approved for submission by the Mayor, the Council does hereby accept the following bids, all of which are low bids, for the period commencing from June 1, 1970 through May 31, 1971 for the purchase of Liquid Calcium Chloride for use by the Department of Public Works . 1. The Bid of Wyandotte Chemicals Corporation, 1609 Biddle Avenue, Wyandotte, Michigan 48192, for 38% Liquid Calcium Chloride, delivered to storage tank, at .0650 per gallon, and 2. The bid of Michigan Chemical Corporation, 500 N. Bankson Street, St. Louis, Michigan 48880, for 38% Liquid Calcium Chloride spread on City streets by supplier's truck, at .0820 per gallon. :11381 A roll call vote was taken on the foregoing resolution with the following result• AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. L NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #510-70 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 22, 1970, approved for submission by the Mayor, which transmits its resolution #WS 1319 2/70, the Council. does hereby authorize the payment of $1944.79 from the Sewer Account to Rocco Ferrera & Co., Inc. for work performed on sanitary sewer leads in connection with the Five Mile Road Paving Project (total of invoices sub- mitted by Rocco Ferrera in the amount of $3323.00 less damages chargeable of $1378.21 = a net amount due of $1944.79), further, the Sewer Fund is tc be debited in the amount of $1378.21 and the Water Fund to be credited by a like amount; and the Council does hereby authorize the sum of $1944.79 to be transferred from the 9.8 Million Dollar General Obligation Street ana Road Improvement Bond Issue to the Sewer Account in accordance with the aforesaid recommendation, 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. LNAYS: None. By Councilman. Ventura, seconded by Councilman Raymond, it was #511-70 RESOLVED, that having considered a communication from the City Engineer, dated April 16, 1970, approved by the Director of. Public Works and approved for submission by the Mayor, and the attached final construc- tion estimate for the period ending March 4, 1970, the Council does hereby authorize Final Payment in the amount of $4871.83 to Macomb Concrete Corporation, which sum includes the full and complete balance due on a contract dated April 16, 1969, in the amount of $540,306.00 in connection with the improvement of Newburgh Road from Plymouth to Schoolcraft, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifi- cations, and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed, provided, however, that the sum of $1000.00 cash shall be retained from the aforesaid sum of $4871.83 by the City Clerk pending completion of certain miscellaneous minor work that is to be performed as soon as weather permits, and thereafter upon completion the City Clerk is authorized to release the said $1000.00 upon receipt of a certification from the City Engineer that such work has been completed, 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. 11382 By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #512-70 RESOLVED, that having considered a communication from the Livonia Housing Commission, dated May 26, 1970, which transmits its resolution #44-70, with respect to Project Loan Notes for Project MICH-55-1, the Council does hereby determine to table this matter to the study session to be conducted on June 10, 1970; and further, the President and the Director-Secretary of the Livonia Housing Commission are requested to be present at the same. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #513-70 RESOLVED, that having considered a communication from the City Planning Commission, dated May 6, 1970, which transmits its resolution #4-39-70 adopted by the Commission on April 14, 1970 with regard to a request from Vic Tanny Detroit, Inc. with respect to Petition 70-3-8-3, wherein it is recommended that plans for a Vic Tanny Health Studio proposed to be operated in an existing structure located on the north side of Seven Mile Road, east of Middlebelt Road, in the S. W. 1/4 of Section 1 be approved, the Council does hereby concur in the aforesaid recommenda- tion and the said Petition 70-3-8-3 is hereby approved, subject to the same condition as that set forth in the aforesaid recommendation. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #514-70 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 (A.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, 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 Wednesday, August 5, 1970 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items 1. Petition No. 70-2-1-6 submitted by Louis Stanford for a change of zoning of property located north of Plymouth Road, west of Farmington Road in the S. E. 1/4 of Section 28 from R-6 to M-1, the City Planning Commission having in its resolution #3-23-70 recommended to the City Council that Petition No. 70-2-1-6 be approved; 2. Petition No. 67-4-1-10 submitted by Sidney Spitz for a change of zoning of property located on the northwest corner of Stark Road and Plymouth Road in Section 28 from C-1 to C-2, the City Planning Commission having in its resolution #4-38-70 recommended to the City Council that Petition No. 67-4-1-10 be denied; 11383 further, the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a L statement indicating the 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 further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 26 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 69-9-1-29 FOR CHANGE OF ZONING FROM M-1 TO C-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 Lmeeting of the Council. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 23 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE " CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 69-9-1-28 FOR CHANGE OF ZONING FROM RUFA TO C-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. CouncilmaatMilligan. gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 69-10-1-36 FOR CHANGE OF ZONING FROM R-1 to R-9. 11384 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the L 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 Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #515-70 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 21, 1970, submitted pursuant to Council Resolution #1046-67 in connection with a proposed amendment to the City's Dog Ordinance and the issuance of kennel licenses in this regard, the Council does hereby refer the matter back to the Department of Law for the purpose of updating the said ordinance and for possible inclusion of certain suggestions submitted by Messrs. Greenstein, Sigg and Burmeister. By Councilman Milligan, seconded by Councilman Bennett, it was #516-70 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 21, 1970, submitted pursuant to Council Resolution #998-68 in connection with a proposed amendment to the City's Building Code Ordinance, the Council does hereby refer the same back to the Department of Law for revision, placing the same in Code form, Las well as making the following changes: (a) In Section 113.6 delete requirement relating to trees. (b) In Section 115.6 revise so as to delete inspection requirement by Engineering Division and insert in lieu thereof requirement that certificate be submitted and approved by Engineering Division; also delete four (4) inch topsoil requirement; also delete last paragraph on page 3.of proposal and first paragraph on page 4. (c) Eliminate Section 9 - Fee Requirement. further, the Council does hereby determine that no change is required in the Zoning Ordinance with respect to this matter at this time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond and Nash. NAYS : Milligan and McCann. The President declared the resolution adopted. L it was Milligan, seconded by Councilman Brown, and unanimously adopted, 11385 #517-70 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 21, 1970, submitted pursuant to Council Resolution #1044-68 with regard to the operation of City-owned concessions, the Council does hereby determine that no action is required with respect to this matter since the same is being presently considered by the Committee of the Whole. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #518-70 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 21, 1970, submitted pursuant to Council Resolution #1076-68 with regard to Petition 67-10-6-7 which would purport to establish I-C District Zoning Regulations, the Council does hereby refer this matter back to the City Planning Commission for updating, possible revision and a new report and recommendation. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #519-70 RESOLVED, that having considered the report and recommendation of tha Legislative Committee, dated May 21, 1970, submitted pursuant to Council Resolution #1168-68 with regard to terms of office and residency requirements for appointive positions, the Council does hereby determine as follows : (a) With respect to the four year term proposal, the Council does hereby determine that no action is required since this matter is presently under consideration by the Committee of the Whole, and (b) With respect to the two year residency requirement for appointees, the Council does hereby determine to deny the proposal to change the same and to take no further action. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #520-70 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 21, 1970, submitted pursuant to Council Resolution #1042-69 with respect to Petition 69-5-6-12 which would purport to establish the R-9 zoning classification, the Council does hereby determine that in view of the adoption of Ordinance No. 774 no further action is required. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was 11386 #521-70 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 21, 1970, submitted pursuant to L Council Resolution #1334-69, with respect to the proposed site plan review and approval amendment to the Zoning Ordinance, wherein the Committee recommends the adoption of an approving resolution using alternate proposals and modify the same so as to combine proposed Section .01 and Section .02, and provide that site plans shall be "reviewed by the Planning Commission and approved by the City Council," The Council does hereby determine to refer this matter to a study session to be conducted on June 24, 1970; further, Mr. Stanley Telman, and, or, members of the Board of Directors of the Chamber of Commerce, as well as other persons who might be interested with respect to this matter are invited to be present. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE TO AMEND PARAGRAPH (n) OF SECTION 9-116 (PLAT ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA, INTRODUCED BY COUNCILMAN VENTURA ON DECEMBER 8, 1969. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Ventura, Raymond, Milligan and Nash. NAYS: Bennett and McCann. LThe President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #522-70 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 21, 1970, submitted pursuant to Council Resolution #302-70, the Council does hereby determine that in view of the adoption of Ordinance No. 804 no further action is required. By Councilman Ventura, seconded by Councilman Raymond, it was #523-70 RESOLVED, that having considered the report and recommendation dated April 17, 1970 from the City Planning Commission, which sets forth its resolution #4-37-70 in regard to Petition No. 70-1-1-1 submitted by R. Gaberman for Marathon Oil Company for a change of zoning of property located on the northwest corner of Five Mile Road and Merriman in the S.E. 1/4 of Section 15, from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on May 27, 1970 pursuant to resolution #304-70, the Council does hereby table this matter until such time as appraisals have been obtained with regard to the proposed L acquisition of the property located at the southeast corner of Five Mile Road and Farmington Road, or until such time as a negotiated price has been arrived at with respect to the same. 11387 A roll call vote was taken on the foregoing resolution with the following result• AYES: Bennett, Brown, Ventura and Raymond. NAYS : Milligan, McCann and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Brown, it was #524-70 RESOLVED, that having considered a communication dated April 3, 1970 from the City Planning Commission which sets forth its resolution #3-20-70 in regard to Petition No. 70-2-2-4 as submitted by Green, Ettenheimer, Farber, Binkow and Shell Oil Company requesting permission to construct a gasoline service station as a waiver use on property zoned C-2 and located on the northwest corner of Joy Road and Hix Road in Section 31, and the Council having conducted a public hearing with regard to this matter on May 27, 1970 pursuant to resolution #275-70, the Council does hereby reject the recommendation of the City Planning Commission and said Petition No. 70-2-2-4 is hereby approved and granted, the Council having determined as a matter of fact that the petitioner has complied with the reeuirements of the C-2 zoning classification and the standards set forth in Section 19.06 of the Zoning Ordinance. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Milligan, it was #525-70 RESOLVED, that the Council does hereby determine that the regular meetings for the months of July, 1970 and August, 1970 shall be conducted on the following dates at 8:00 P. M. : July 6, 1970; July 20, 1970; August 3, 1970; August 17, 1970; and August 31, 1970. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was 11388 #526-70 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56 so as to permit consideration of several items that do not appear on the agenda. By Councilman McCann, seconded by Councilman Bennett, it was #527-70 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 85 for the proposed installation of sidewalks along both sides of Five Mile Road from Inkster Road to Middlebelt Road in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on June 3, 1970 at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of sidewalk improvements to be constructed in Special Assessment District No. 85, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated March 18, 1970 in the amount of $31,408.39 are fair and equitable and based upon benefits to be derived by construction of improve- ments proposed in said. district, in accordance with the plan:: of the City Engineer and resolutions of the City Council; 2. Said Special Assessment Roll No. 85 is hereby approved and confirmed in all respects, 3. The amount of said roll shall. be divided into five (5) equal. annual installments with interest at the rate of six per cent (6%) per annum on the unpaid balance of the assessment commencing from 60 days after December 1, 1970. In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each installment shall be above and. as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1970, and subsequent installments on December 1st of succeeding years; 4. Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty (60) days from December 1, 1970 pay the whole or any part of the assessment without interest or penalty; 11389 5. The first installment, shall be spread upon the 1970 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from 60 days after December 1, 1970 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all. unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, 6. The City Council having determined to pay the entire cost of the City's share within the said district, the sum of $2000 is hereby authorized to be expended from the $9,800,000 General Obligation Street-Road Bond Issue to cover the City's share of said project. A. roll call vote was taken on the foregoing resolution with the following result. AYES : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The following resolution was unanimously introduced, supported and adopteo . #528-70 RESOLVED, that the Council does hereby request State Representa- tive Marvin R. Stempien to initiate legislation that would provide that in those instances where a good showing has been made and necessity shown with respect to the installation of traffic control signal devices on State Trunkline Highways, a municipality on the filing of a proper petition may require the State Highway Commission to approve the installation of such devices. By Councilman McCann, seconded by Councilman Milligan, and unanimously adopted, this 686th regular meeting of the Council of the City of Livonia, was duly adjourned at 11:35 P. M., June 8, 1970. TiB5T5T0717-la , C-LAk Cle k.