Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1970-05-11 1128+ L MINUTES OF THE SIX HUNDRED EIGHTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 11, 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 8:02 P. M.. Councilman Milligan delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Jerry Raymond, Peter A. Ventura, Edward G. Milligan, Robert E. McCann and Robert E. Bennett. Absent--None. Elected and appointed officials present: Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk; Harry C. Tatitigan, Chief Assistant City Attorney; Robert Osborn, Director of Public [forks; William J. Strasser, City Engineer; Stanley Bien, Chief Librarian; Ed Siemert, Assistant City Engineer; Carl Wagenschutz, City LTreasurer; John T. Dufour, Superintendent of Parks and Recreation; Don Hull, City Planner; Harry Bridges, Personal Property Auditor; James Miller, Personnel Director; Thomas J. Griffiths, Jr., Chief Accountant; Victor C. Phillips, Budget Director; and Harry Wrightman of the Planning Commission. The Chair requested that the audience stand and observe a minute of silence in memory of the untimely and tragic death of Walter P. Reuther. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #348-70 RESOLVED, that the minutes of the 128th special meeting of the Council of the City of Livonia held on April 29, 1970, are hereby approved. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #34+9-70 RESOLVED, that the minutes of the 683rd regular meeting of the L Council of the City of Livonia, held April 27, 1970, are hereby approved. By Councilman Ventura, seconded by Councilman Brown, it was 11285 #350-70 RESOLVED, that having considered a communication from the Depart- ment of Law approved for submission by the Director of Public Safety - Fire, Mayor, and Fire Chief with regard to the acquisition of a proposed fire station site located at Seven Mile and Newburgh Roads, the legal description of which is as follows: The north 200 feet of the south 277.82 feet of that part of the S. W. 1/4 of Section 5, T. 1 S., R. 9 E., described as beginning at the W. i/4 corner of Section 5 and proceeding thence S. 89° 41' 26" E, along the E. and W. 1/4 Section line, 511.46 feet; thence S. 0° 15' 03" W, 1203.18 feet; thence S. 89° 59' 46" W. 506.10 feet; thence N. 0° 00' 14" W. along the W. Section line, 1205.96 feet to the point of beginning. (Bureau of Taxation Parcel 05C1b2b2b1) the Council does hereby authorize the Department of Law to acquire the aforesaid property at a price of $15,000.00 and does authorize the expenditure of a sum not to exceed $138.32 for the proration of the 1969 City, County, and School taxes applicable to this property prorated as of May 1, 1970, as well as obtaining the necessary title insurance with respect to this property for a sum not to exceed $105.00; further, the Council does authorize the expenditure of the aforesaid sums from the $1,600,000.00 General Obligation Fire Station Bond Issue monies for this purpose; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to fulfill the full purpose of this resolution. By Councilman Raymond, seconded by Councilman Milligan, it was RESOLVED, that the foregoing resolution be amended to include the following: "foregoing action made subject to first obtaining a report from appraisers that the said purchase price is commensurate with fair market value for such property." A roll call vote was taken on the amendment with the following result: AYES: Milligan, Ventura and Raymond. NAYS: McCann, Bennett, Brown and Nash. The President declared the amendment denied. A roll call vote was taken on the original resolution with the following result: AYES: McCann, Bennett, Brown, Ventura and Nash. NAYS: Milligan and *Raymond. The President declared the resolution adopted. *Councilman Raymond made the following statement: My 'no' vote is cast because I am opposed to purchasing any property without an appropriate appraisal. 11286 By Councilman McCann, seconded by Councilman Bennett, it was #351-70 RESOLVED that having considered a communication from the Mayor dated May 11, 1970, with regard to lots 237, 238 and 239 of Rosedale Gardens Subdivision #1, the legal description of which is as follows: Lots 237, 238, 239 - Rosedale Gardens No. 1 Sub., of Part of N. 1/2 of N. E. 1/4 of Section 34, T. 1 S., R. 9 E. the Council does hereby authorize the acquisition of subject property for a total consideration in the amount of $12,000 and which acquisition shall be made on the basis of a ten year land contract with a down payment of $1200 at the time of closing which sum is hereby authorized to be expended from the Unappropriated Surplus Account and which land contract shall be amortized over ten years on a standard form agreement at a rate of interest of 6-1/2% payable annually, further, the Council does hereby authorize the expenditure of not to exceed $414.24 for proration of 1969 City, School and County taxes from the date of closing; and the Mayor and City Clerk are hereby authorized to execute in behalf of the City of Livonia the said land contract agreement, and the Mayor, the City Clerk and the City Treasurer are hereby requested to do all things necessary and incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #352-70 RESOLVED, that having considered a communication from the Mayor, dated May 11, 1970, wherein it is recommended that the City of Livonia rent two offices ( B & C) from Mr. Carl J. Wagenschutz, owner of the building located at 33233 Five Mile Road, Livonia, Michigan, the Council does hereby authorize the rental of the two aforesaid offices on the basis of a rental in the amount of $300.00 per month (plus utilities) for a period of six months, and that in the event the City of Livonia acquires the said building, the legal description of which is set forth below, that said rental amounts shall be applied toward the principal due on such purchase: Lot 306 and adjacent vacated alley 20' wide, Grennada Park Subdivision #1, of part of the N. W. 1/4 of Section 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (Taxation Parcel 22c306) further, the Department of Law is hereby requested to do all things necessary in the preparation of a rental agreement on the basis of the terms and conditions set forth above, and the Mayor and City Clerk are hereby requested to execute said rental agreement in behalf of the City of Livonia; and further, the Council does hereby authorize the expenditure of a sum not to exceed $1800.00 from the $9,800,000.00 General Obligation Street and Road Bond Issue for the purpose herein stated; further, the Department of Public Works is hereby authorized to do all things necessary to transfer equipment and supplies presently being utilized by the Civil Service Com- mission in its present quarters to the new quarters designated for rental by virtue of this action. 11287 By Councilman Brown, seconded by Councilman Bennett, it was RESOLVED, that having considered the communication from the Mayor, dated May 11, 1970, relative to the City of Livonia renting two offices in a building located at 33233 Five Mile Road, Livonia, Michigan, the Council does hereby determine to refer this matter to the Capital Improve- ment Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown and Ventura. NAYS: Milligan, McCann, Raymond and Nash, The President declared the resolution denied. A roll call vote was taken on the original resolution with the following result: AYES: Milligan, McCann, Raymond and Nash. NAYS: Bennett, Brown and Ventura. The President declared the resolution adopted. The communication from the Mayor, dated May 4, 1970, with respect to Lir expiration dates for contracts with City employees, was received and filed for the information of the Council. At the direction of the Chair, the communication from the Mayor, dated May 4, 1970, relative to proposed changes in the Livonia City Charter, was referred to a Committee of the Whole meeting to be held on May 19, 1970 at 7:00 P.M. The program for the "Drug Abuse Seminar" to be held at the Louis Schmidt Auditorium, Clarencevilte High School on May 16, 1970, was received and filed for the information of the Council. The following resolution was unanimously introduced, supported and adopted. #353.70 WHEREAS, this nation and the State of Michigan in particular have been shocked and profoundly saddened by the tragic and untimely death of Walter P. Reuther; and WHEREAS, as an enlightened leader of the labor movement in this country he fought and persevered to give the working man wage equality and a sense of dignity, and WHEREAS, he was universally respected by his followers in the labor movement as well as by the captains of industry with whom he did battle across the bargaining table; and 11288 WHEREAS, by his intelligence, knowledge, devotion to cause and inspirational leadership he truly merited the title of "labor statesman"; and WHEREAS, he devoted himself untiringly to the American ideals of equality and justice for all; NOW, THEREFORE, BE IT RESOLVED, that having earned the respect and admiration of an entire nation because of his sincere efforts on behalf of the labor movement and his service to the country at large, the City Council of the City of Livonia does hereby record its sorrow upon the death of Walter P. Reuther. By Councilman Ventura, seconded by Councilman Bennett, it was #354-70 RESOLVED, that having considered the report and recommendation dated January 13, 1970 from the City Planning Commission, which sets forth its resolution #12-185-69 in regard to Petition 69-9-1-32 submitted by James J. Sica, President of Wrought Iron, for a change of zoning of property located on the north side of Six Mile Road, west of Middlebelt Road in the S. E. 1/4 of Section 11 from R-1-A to C-2, and the Council having conducted a public hearing with regard to this matter on April 22, 1970 pursuant to resolution #132-70, the Council does hereby concur in part and revise in part the recommendation of the Planning Commission, and the said Petition 69-9-1-32 is hereby approved and granted, as revised, in the following manner: A. Approve rezoning from R-1-A to C-2 with respect to the following described property: The N, 168' of the S. 528' of the W. 178' of the E. 508' of the S. E. 1/4 of Section 11, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan. B. Approve revised rezoning from R-1-A to P. S. with respect to the following described property. The N. 132' of the W. 178' of the E. 508' of the S. 660' of the S. E, 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. 11289 By Councilman Raymond, seconded by Councilman Milligan, it was RESOLVED, that having considered a communication from the City Planning Commission, dated April 2, 1970, which transmits its resolution #3-30-70 adopted by the Commission on March 17, 1970 with regard to Petition 70-3-8-2 requesting site plan approval of a proposed office building for the Livonia National Bank to be located on the northeast corner of Five Mile and Farmington Road in the Southwest 1/4 of Section 15, the Council does hereby refer this matter back to the City Planning Commission for further consideration and review of the entire area of Farmington and Five Mile Road. Councilman Bennett, seconded by Councilman Brown, moved to substitute the following resolution in lieu of the foregoing: #355-70 RESOLVED, that having considered a communication from the City Planning Commission, dated April 2, 1970, which transmits its resolution #3-30-70 adopted by the Commission on March 17, 1970 with regard to Petition 70-3-8-2 requesting site plan approval of a proposed office building for the Livonia National Bank to be located on the northeast corner of Five Mile and Farmington Road in the Southwest 1/4 of Section 15, the Council does hereby reject the recommendation of the Planning Commission and Petition 70-3-8-2 is hereby denied for the following reasons : 1. The proposed development does not conform with the over-all Master Civic Center Plan for this area; 2. That, based upon prior representation of the developer that a high-rise would be constructed on the subject property, the City, and in particular, the Zoning Board of Appeals, has previously taken action permitting the use of a drive-in banking facility in the development herein proposed, and this site plan demonstrates a breach of the said prior committment, and, accordingly should not be permitted. A roll call vote was taken on the motion, as substituted, with the following result- AYES: Milligan, McCann, Bennett, Brown, Raymond and Nash. NAYS: Ventura. The President declared the resolution, as substituted, adopted. 11290 Opinion No. 70-2, dated March 6, 1970, from the Department of Law, relative to the renting of trucks and the storing of same on such gas station property zoned C-2, was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Milligan, it was #356-70 RESOLVED, that having considered a communication dated December 22, 1969 from the City Planning Commission, which sets forth its resolution #12-180-69 in regard to Petition 69-9-2-22 submitted by Edward J. Bulinski, requesting permission to rent trucks and store same as a waiver use on property zoned C-2, located on the south side of Six Mile Road between Middlebelt and Merriman Roads in Section 14, and the Council having conducted a public hearing with regard to this matter on January 28, 1970, pursuant to resolution #10-70, the Council does hereby concur in the recommendation of the City Planning Commisssion and said Petition 69-9-2-22 is hereby denied for the same reasons as those set forth in the aforesaid communication from the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded. by Councilman Milligan, it was #357-70 RESOLVED, that having considered a communication dated December 22, 1969 from the City Planning Commission, which sets forth its resolution #12-181-69 in regard to Petition 69-9-2-23 submitted by Gordon V. Rumohr, requesting permission to rent trucks and store same as a waiver use on property zoned C-2, located on the south side of Five Mile Road. between Merriman and Bainbridge in Section 23, and the Council having conducted a public hearing with regard to this matter on January 28, 1970, pursuant to resolution #11-70, the Council does hereby concur in the recom- mendation of the City Planning Commission and said Petition 69-9-2-23 is hereby denied for the same reasons as those set forth in the aforesaid communication from the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #358-70 RESOLVED, that having considered a letter dated April 19, 1970 from The Allied Veterans' Committee of Livonia, Michigan, regarding the Memorial Day Parade for 1970, the Council does hereby request the Parks and Recreation Commission, together with interested citizens, to organize a Memorial Day Parade and to expend a sum not to exceed $500.00 from 11291 Account No. 101-885; further, the Council does hereby request the Director of Public Safety-Police to extend all necessary assistance of the Police Department with respect to all matters under its jurisdiction which may be required or pertinent to the conduct and success of the Memorial Day activities. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. Nays: None, By Councilman Milligan, seconded by Councilman Brown, it was #359-70 RESOLVED, that having considered a communication from the Personnel. Director, dated March 11, 1970, approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on March 3, 1970, wherein it is recommended that the classification of Caretaker for one position in the Senior Citizens Apartments, Patrick V. McNamara Towers, and the pay range for the same be established, the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken onthe foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The communication dated March 4, 1970 from the Department of Law and the Industrial Coordinator, with respect to an Industrial Revenue Bond Issue for Best Block Company, was received and filed for the information of the Council. The Department of Law's communication, dated March 6, 1970, relative to the creation of a Department of Finance (CR-59-70), was received and filed for the information of the Council. The communication from Ab-Ro Realty Company dated March 5, 1970, with respect to parking on Five Mile Road east of Middlebelt Road, was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Bennett, it was #360-70 WHEREAS, property described as: That part of Section 20, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as being the W. 165 feet of the N. 1/2 of the E. 1/2 of the S. E. 1/4 of Section 20. Taxation Parcel 20M1b1 (4.40 acres) 11292 Park Site Designation "U-75" Jako Land Company and Chicago Mortgate Company, owners, 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 $16,000.00, 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 $16,000.00; and 2. The City Council does hereby authorize the expenditure of the sum of $416.39 as the City's portion of the pro- rated 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 $110.00 to cover the cost of the title insurance on the subject property and a sum not to exceed $3,932.50 for the purpose of paying the amount outstanding on Special Assessment District #71 with respect to this parcel; 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 full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was 11293 #361-70 RESOLVED, that having considered a communication from the Department of Law, dated April 9, 1970, submitted pursuant to Council Resolution #1355-69, with regard to an amendment to the contract amending the Tri-Party Agreement between the Michigan State Highway Commission, Board of Wayne County Road Commissioners and the City of Livonia entered into on February 22, 1967 for the construction of 1-96, the Council does hereby refer the same to the Mayor for the purpose of consulting the Highway Department relative to the matter of Highway Lighting and there- after resubmit it to the City Council for its consideration. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2-1006 OF ARTICLE 2 OF CHAPTER 10 (Department of Public Works) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. 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 heated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman McCann, seconded by Councilman Ventura, it was #362-70 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, submitted pursuant to Council Resolution #295-70, with regard to an invoice for comprehensive general liability insurance based on an audit for the period January 1, 1969 through December 31, 1969, and having also considered a letter dated April 1, 1970 from the Budget Director, approved for submissir.l by the Mayor, with respect to this matter, the Council does hereby authorize an expenditure of $9,476.00, which is the balance due for said insurance, $2,171.00 of which is allocated in the General Fund and Water and Sewer Budgets to provide for their proportionate share; further, the Council does hereby amend the Golf Course Budget to provide an appropriation of $184.00 and the Ice Rink Budget to provide an appropriation of $7,121.00 in recognition of the financial responsibility for this coverage; 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was 11294 #363-70 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 84 for the installationcf sidewalks along both sides of Farmington Road from School- craft to Five Mile Road in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Chapter 5, Title 2, of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on May 28, 1969 at 7:00 P. M. 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. 84; 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 Apri 15, 1969, in the amount of $39,656.68 are fair and equitable and based upon benefits to be derived by construction of improve- ments proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; 2. Said special assessment roll No. 84 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 from sixty (60) days after December 1, 1970.In such cases where the installments will be less than Ten Dollars (010.00), 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 install- ment shall be due and payable December 1, 1971 and subse- quent 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; 11295 5, The first installment shall be spread upon the 1971 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon installments from sixty (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 annual installment shall have been prepaid in the manner provided in said 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 sum of $5000.00 as the City's proportion of the cost and expense of this improvement within the said district, the sum of $5,000.00 is hereby authorized to be expended from the $9,800,000.00 General Obligation Street and Road Bond Issue to cover the City's cost of said project. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Raymond and Nash. NAYS: Ventura. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted it was #364-70 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 29, 1969 on all matters required by Sections 2-506 and 2-•514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on April 20, 1970, after due notice as required by Section 2-507 of said Code, and careful con- sideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: 1. accept and approve said statement in all respects, 2. determine to make the improvement consisting of the installation of ornamental street lighting (incandescent) (mercury vapor) with underground wiring in the area of Buckingham Village Subdivision and Buckingham Village Subdivision #2 in the S. E. 1/4 of Section 24, City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; 11296 3, approve the plans and specifications for the improvement as set forth in said statement dated December 29, 1969; 4. determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; 5, determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; 6. designate the assessment district, describing the land and premises upon which special assessments shall be levied, as follows : A special assessment district located in Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as Lots 11 thru 216 both inclusive of Buckingham Village Subdivision as recorded in Liber 77, Pages 66 and 67 of Wayne County Records and Lots 227 thru 423, both inclusive of Bucking- ham Village Subdivision #2 as recorded in Liber 80, Pages 37 and 38 of Wayne County Records. 7. direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated December 29, 1969; and 8. that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended. At 9:28 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. By Councilman Raymond, seconded by Councilman Bennett, it was #365-70 RESOLVED, that the Council does hereby request that the Mayor, Director of Public Works, City Engineer and the Department of Law contact the Detroit Edison Company for the purpose of ascertaining how street lighting installations may be expedited. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Bennett, Brown, Ventura, Raymond and Nash. NAYS: McCann. The President declared the resolution adopted. 11297 By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #366-70 RESOLVED, that the Council does hereby suspend their rules for procedure so as to allow citizens to speak until 10:15 p. m. By Councilman Ventura, seconded by Councilman Raymond, it was #367-70 RESOLVED, that having considered the report and recommendation dated August 15, 1969 from the City Planning Commission, which sets forth its resolution #7-98-69 in regard to Petition 69-6-1-18 submitted by the City Planning Commission on its motion, at the request of the Industrial Coordinator, for a change of zoning on property located on the south side of Schoolcraft between Farmington and Hubbard in the N. W. 1/4 of Section 27 from RUF to M-1, and the Council having conducted a public hearing with regard to this matter on November 5, 1969, pursuant to resolution #1033-69. the Council does hereby determine to table this matter for four months pending possible resolution of the same by the State Highway Department with respect to Freeway construction. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #368-70 RESOLVED, that having considered the report and recommendation dated January 12, 1970 from the City Planning Commission, which sets forth its resolution #12-184-69 in regard to Petition 69-6-1-20 submitted by Greenfield Construction Company, Inc. , for a change of zoning on property located on the west side of Newburgh Road, north of Six Mile Road in Section 7, from R-5-C to P. 0. , C-4 and R-E; and south of Six Mile Road in Section 18 from R-3-B to P.S. and C-4, and the Council having conducted a public hearing with regard to this matter on April 22, 1970, pursuant to resolution #132-70, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 69-6-1-20 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law, and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. a roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was 11298 #369-70 RESOLVED, that having considered the report and recommendation dated March 2, 1970 from the City Planning Commission, which sets forth its resolution #2-9-70 in regard to Petition 70-1-1-2 submitted by Frank Underhill for a change of zoning on property located on the southwest corner of Sunset and Fargo in the N. W. 1/4 of Section 2, from RUF to R-3. 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 70-1-1-2 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Brown, Ventura, Raymond and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Brown, it was L #370-70 RESOLVED, that having considered the report and recommendation dated March 3, 1970 from the City Planning Commission, which sets forth its resolution #2-10-70 in regard to Petition 70-1-6-1 submitted by the City Planning Commission to determine whether to amend Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to provide for an increase in the filing fee schedule of the Zoning Board of Appeals by amending Section 21.10 thereof, and the Council having conducted a public hearing with regard to this matter on April 29, 1970, pursuant to resolu- tion #194-70, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 70-1-6-1 is hereby approved and granted, as revised, deleting therefrom Paragraph "D"; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The item on the agenda relative to the designation of the Official News- paper was removed, and will appear on the agenda for the regular meeting to be L conducted on May 25, 1970. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was 11299 #371-70 RESOLVED, that having considered a communication dated April 22, 1970 from certain residents of Arbor Estates Subdivision, the Council does hereby refer this matter to the Office of the Mayor for full investigation of various complaints in connection with the deterioration of concrete sidewalks, driveways and driveway approaches in Arbor Estates Subdivision. *Councilman Brown was excused at 11:08 p. m. By Councilman McCann, seconded by Councilman Raymond, and unanimously adopted, it was #372-70 RESOLVED, that having considered a petition signed by certain residents and property owners of the City of Livonia, received in the office of the City Clerk on March 6, 1970, relative to the placement of "stop" traffic control signs at the intersection of Hubbard Road, at Perth (immediately in front of the John F. Kennedy Elementary School), the Council does hereby request that the Chief of Police promulgate such temporary rules and regulations as may be necessary in order to install the requested "stop" signs on a 30 day basis at said locations pursuant to the provisions of Section 6-105 of Title 6, Chapter 1 of the Livonia Code of Ordinances, as amended; and further, the Council does hereby request that the Director of Public Safety-Police submit his report and recommenda- tion of traffic control devices at the following locations: A. Hubbard at Perth, in both directions. B. Hubbard, both at Allen and Allen Court. C. Hubbard, at Barkley. By Councilman Bennett, seconded by Councilman Ventura, it was #373-70 RESOLVED, that the Council does hereby request the Parks and Recreation Commission to consider the advisability of acquiring for Park and Recreational purposes the following described property and thereafter submit a report to the City Planning Commission in this regard• Lots 1790 through 1806 inclusive, and Lots 1734 through 1750 inclusive, and Lots 1703 through 1719 inclusive and Lots 1647 through 1663 inclusive, of the Rosedale Gardens #9 Subdivision, located in the N. W. 1/4 of Section 34, and Parcels Flalala2a2a, Flal.ala2a2b, and Flalala2a2c located in the N. W. 1/4 of Section 34 further, the City Planning Commission, upon receipt of the aforementioned report from the Parks and Recreation Commission, is requested to thereafter conduct a public hearing for the purpose of considering inclusion of the aforementioned property in the Master School and Park Plan of the City of Livonia; and both the Planning Commission and the Parks and Recreation Commission are requested to submit reports of the disposition of this matter to the City Council for its consideration. 11300 A roll call vote was taken on the foregoing resolution with the following result: L AYES: Milligan, McCann, Bennett, Ventura, Raymond and Nash. NAYS: None. *Councilman Brown returned at 11:10 p. m. By Councilman Raymond, seconded by Councilman Ventura, it was #374-70 RESOLVED, that although on three prior occasions, the installa- tion of a traffic signal control device at the intersection of Plymouth Road and Milburn in the City of Livonia has been rejected, in view of the increased traffic that has resulted from the commercial development of the K-Mart Shopping Center, the Council does hereby determine that it is prudent to again request the Michigan State Highway Department to install a traffic control signal device at the intersection of Plymouth Road and Milburn in the City of Livonia, Wayne County, Michigan, and to advise the City of Livonia of the total cost for such installation and the share of the same which would have to be assumed by the City of Livonia and also the cost to the City for future maintenance of the aforesaid traffic signal device; and further, the City Clerk is hereby requested to forward two (2) certified copies of this resolution to the Michigan State Highway Department, 18101 W. Nine Mile Road, Southfield, Michigan, 48075, to the Lattention of Mr. W. B. Washington. A roll call vote was taken on the foregoing resolution with the following result: AYES: Millian, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #375-70 RESOLVED, that having considered a communication dated April 22, 1970 from the Department of Law transmitting for Council acceptance certain documents, said documents being more particularly described as : 1. Quit Claim Deed dated August 4, 1969 executed by Eastern Michigan District Advisory Board, Church of the Nazarene, a Michigan Ecclesiastic Corporation, by its president E. W. Martin and its secretary, H. R. Heinmiller, conveying: The north 27 feet of: Lot 19 and the East 1/2 of Lot 18, Garden Farms Subdivision, as re- corded in Liber 40, Page 56, Wayne County Records, said subdivision being a part of the East 1/2 of the N. E. 1/4 of Section 12, T. 1 S., R. 9 E., City of Livonia, Wayne County L Michigan (Bureau of Taxation Parcel 12a18b,12a19, 12a2 Oa) Seven Mile Road right-of-way 11301 2. Quit Claim Deed dated April 3, 1970 executed by Anthony P. Gorski and Merry Carol Gorski, his wife, conveying: All that part of the N. E. 1/4 of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as follows: Beginning at a point on the S'ly line of Jamison Ave. 60 ft. wide, distant S. 89° 49' 00" W. 658.00 ft. along the North line of said Section 24 and S. 0° 19' 30" E. 1319.73 ft. and S. 89° 49' 00" w. 661.81 ft. and S. 89° 53' Co" w. 264.55 ft. and S. 0° 25' 50" E. 30.00 ft. and S. 89° 53' 00" W. 149.00 ft. from the N. E. corner of said Section 24; thence N. 0° 25' 50" W. 15.00 ft.; thence N. 89° 53' 00" E. 18.00 ft.; thence S. 0° 25' 50" E. 15.00 ft. thence S. 89°53' 00" W. 18.00 ft. to the point of beginning. (Bureau of Taxation Parcel 24J2a) Jamison Avenue right-of-way 3. Grant of Easement dated April 17, 1970 executed by Dembs Roth Management Company, a Michigan Co-Partnership, by Dennis Dembs and Michael Roth, conveying: A part of a parcel of land being a part of Lot 808 of Supervisor's Livonia Plat Number 14 of part of the North 1/2 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, according to the Plat thereof as recorded in Liber 70 of Plats, Page 69, W. C. R. more particularly described as: Commencing at the North 1/4 corner of said Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, thence S. 0° 41' 44" W. along the North and South 1/4 line of said Section, 1335.91 feet to a point, thence S. 89°15'42" E. 927.99 feet to a point on the Westerly line of Stark Road (86 feet wide); thence S. 15° 07' 25" W. along the Westerly line of said road 41.29 feet to a point on the south line of the Industrial Road (60 feet wide), said point being the Northeasterly corner and the point of beginning of part of the parcel herein described, thence S. 15° 07' 25" W. along the Westerly line of said Stark Road, 15.00 feet; thence N. 37° 04' 8" w, 18.42 feet to a point on the South line of said Industrial Road, thence S. 89°15'42" E., along the south line of said road, 15.00 feet to the point of beginning. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid documents and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds, and to do all other things necessary or incidental to the full performance of this resolution. 11302 A roll call vote was taken on the foregoing resolution with the following result: L AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #376-70 RESOLVED, that having considered a communication dated April 16, 1970 from the Department of Law transmitting for Council acceptance a Warranty Deed dated April 15, 1970 executed by Mae A. Durgin, survivor of herself and Don C. Durgin, deceased, conveying: 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 recorded in Liber 68 of Plats, Page 70, Wayne County Records. (Bureau of Taxation Parcel 24c8b) the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid instrument, and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The communication from the Department of Law, dated April 27, 1970, with respect to a Federal Grant under Land and Water Conservation Fund Program in the amount of $48,000.00 with respect to the acquisition of Parksite "B", was received and filed for the information of the Council. The communication from the Suburban Chorale, dated May 1, 1970, relative to their annual show to be held on May 22 and May 23, was received and filed for the Information of the Council. The fallowing resolution was unanimously offered, supported and adopted: #377-70 RESOLVED, that having considered the request of the Rosedale Gardens Civic Association, dated April 21, 1970, to have a fireworks L display on July 4, 1970, the Council does hereby grant permission to the Rosedale Gardens Civic Association to transport and fire aerial fireworks on the night of July 4, 1970 at Rosedale Park, provided, however, that 11303 this display shall be subject to observation by the Livonia Fire Department and in such area as approved by them, and the City of Livonia, its agents, and its employees will not be responsible for any injuries or damage caused by the fireworks or by the persons using said fireworks; further, that the permission herein granted is conditioned upon full compliance and adherence to the provisions set forth in Act 358 of P. A. of 1968; further, the following insurance requirements shall be furnished to the City Clerk by the Rosedale Gardens Civic Association, in the following amounts : (&) On account of injury to, or death of, any person in any one accident $10,000.00 (b) On account of any one accident resulting in injury to, or death of, more than one person 20,000.00 (c) On account of damage to property in any one accident 5,000.00 (100.00 de- ductible) A duplicate copy of the original of such insurance policy shall be approved as to form by the City Attorney and filed with the City Clerk; further, the Council does hereby refer to the Chief of Police the matter of conducting a Children's Costume Parade from the playground at St. Michael;s Church to the Rosedale Gardens Clubhouse on Hubbard Street, on July 4, 1970, for the issuance of a permit in this regard, as set forth in Title 1, Chapter 6, Section 6-155 of the Livonia Code of Ordinances, as amended. By Councilman Ventura, seconded by Councilman Milligan, it was #378-70 RESOLVED, that having considered a communication dated April 29 1970 from Judges James R. McCann and James E. Mies, wherein a recommenda- tion is submitted for employment of an architect to design and construct a District Court Building for the 16th Judicial District, the Council does hereby concur in such recommendation and does designate the firm of Rails- Hamill-Becker, 15223 Farmington Road, Livonia, as Architect in this regard, further, the Council does hereby request the Department of Law, in conjunction with the Director of Public Works, (subject to review by the Judges of the District Court), to negotiate a contract for the employment of said architectural firm, for submission to Council for approval. N roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Ventura, seconded by Councilman McCann, and unanimously adopted, i #379-70 RESOLVED, that having considered a communication- from the Depart- ment of Law, dated March 9, 1970, submitted pursuant to Council Resolution #1310-69, with regard to the placing of existing service utility lines underground, the Council does hereby request that the City Clerk forward 11304 a copy of the aforesaid commmication to the City's State Representatives, Marvin Stempien and Richard Young, and State Senator George Kuhn, with the request that they review this matter and consider the possibility of proposing appropriate legislation to accomplish the purposes referred to herein. *Councilman Raymond was excused at 11:17 p. m. By Councilman Milligan, seconded by Councilman Bennet, it was #380-70 WHEREAS, property described as: That part of Section 10, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as the W. 72.7 feet of the N. 1771 feet of the N. E. 1/4 of Section 10, except the N. 530.73 feet thereof. (portion of Bureau of Taxation Parcel 10R2) (2.07 acres) Park Site Designation J-41) Ralph D. Rabinovitch, M.D., and Sara Dubo Rabinovitch, his wife, owners 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 $6,200.00, 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 $6,200.00; and 2. The City Council does hereby authorize the expenditure of the sum of $390.30 as the City's portion of the pro- rated 1969 City, County, County Drain and School taxes, the same to be prorated as of the date of the option agreement; 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 Obliga- tion Bond Issue; and L 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. 11305 A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura and Raymond. NAYS: None. *Councilman Raymond returned at 11:19 p. m.. By Councilman McCann, seconded by Councilman Brown, it was #381-70 RESOLVED, that having considered a communication dated November 20, 1969, from the City Planning Commission, which sets forth its resolution #11-166-69 in regard to Petition 69-10-2-26 as submitted by Boron Oil Company requesting permission to construct and operate a modern full facility gasoline service station as a waiver use on property located on the northwest corner of Five Mile Road and Middlebelt Road in Section 14, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on January 19, 1970 pursuant to resolu- tion #1368-69, theCouncil does hereby concur in the recommendation made by the City Planning Commission and Petition 69-10-2-26 is hereby denied, such action being based upon the same reasons as are 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: McCann, Bennett, Brown, Raymond and Nash. NAYS: Milligan and Ventura. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Bennett, it was #382-70 RESOLVED, that having considered a communication dated April 30. 1970 from the Mayor relative to the turning back. of Plymouth Road by the State Highway Department to the jurisdiction of the City of Livonia upon completion of I-96, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #383-70 RESOLVED, that having considered a communication dated March 17, 1970 from the Superintendent of Operations, Director of Public Works and the Budget Director, approved for submission by the Mayor, with regard to the air conditioning unit at the Carl Sandburg Library, the Council does hereby authorize the transfer of a sum not to exceed $800.00 from the Unallocated Appropriations Account to Account #513-818, Heating and Air Conditioning Account, for the purchase of a new compressor for said Library. 11306 A roll call vote was taken on the foregoing resolution with the following result. L AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #384-70 RESOLVED, that having considered the report and recommendation dated January 9, 1970 from the City Planning Commission, which sets forth its resolution #12-176-69 in regard to Petition 69-10-1-37 submitted by W. L. Baron for Standard Oil Company, for a change of zoning on property located on the southeast corner of Five Mile Road and Levan Road in the N. E. 1/4 of Section 20 from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on April 22, 1970 pursuant to resolution #132-70, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 69-10-1-37 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to pre- pare an Ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Brown, Ventura, Raymond and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was #385-70 RESOLVED, that having considered the report and recommendation dated January 12, 1970 from the City Planning Commission, which sets forth its resolution #12-179-69 in regard to Petition 69-11-1-38 submitted by Van Dyke Homes, for a change of zoning on the south side of Seven Mile Road, east of Merriman Road, in the N. W. 1/4 of Section 11, from R-5 to R-2, and the Council having conducted a public hearing with regard to this matter on April 22, 1970, pursuant to resolution #132-70, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 69-11-1-38 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Depart- ment of Law is requested to prepare an ordinance amending Ordinance Non 543, as amended, in accordance with this resolution. k roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. 11307 By Councilman Ventura, seconded by Councilman Brown, it was #384-70 RESOLVED, that having considered the report and recommendation dated January 9, 1970 from the City Planning Commission, which sets forth its resolution #12-177-69 in regard to Petition 69-11-1-39 submitted by Prescott Homes, Inc., for a change of zoning on property located north of Joy Road east of Newburgh Road in Section 32 from RUF to R-2, and the Council having conducted a public hearing with regard to this matter on April 22, 1970 pursuant to resolution #132-70, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 69-11-1-39 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, theDepartment of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Brown, Ventura, Raymond and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #387-70 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 3, 1970 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on May 4, 1970, after due notice as required by Section 2-507 of said Code, and careful consideration hav- ing been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code• 1. accept and approve said statement in all respects; 2. determine to make the improvement consisting of the installa- tion of ornamental street lighting with underground wiring on Dardanella Avenue, east of Middlebelt Road (Livonia Apartments) in the N. W. 1/4 of Section 12, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 3. approve the plans and specifications for the improvement as set forth in said statement dated February 3, 1970; 4. determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; 11308 lie 5. determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, 6. designate 'the assessment district describing the land and premises upon which special assessments shall be levied, as follows: A special assessment district located in the N. W. 1/4 of Section 12, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, consisting of Bureau of Taxation parcels No. 12B2c2a, 2c3a1; 12B3b2, 4a1b; 12B31a,32; 12B36; 12B37, and 12B38a1, inclusive; 7. direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated February 3, 1970; and 8. upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #3$8-70 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 3, 1970 on all matters required by Section 2-5C6 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing thereon on May 4, 1970, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Councildoes hereby, pursuant to Section 2-508 of said Code: 1. accept and approve said statement in all respects, 2. determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring on Bobrich Avenue, west of Middlebelt Road (Valley Wood Apart- ments) in the S.E. 1/4 of Section 11, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 3. approve the plans and specifications for the improvement as set forth in said statement dated February 3, 1970; 4. determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; 11309 5. determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, 6. designate the assessment district, describing the land and premises upon which special assessments shall be levied, as follows : Bureau of Taxation Parcel Nos. llMM17b2a - 18b2a, 11MM18alb, 18b1a2. A special assessment district located in the S. E. 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being described as follows: That part of the S.E. 1/4 of Section 11, T. 1 S., R. 9 E., described as beginning at a point due north, 660.0 feet and N. 89° 37' w, 60.0 feet from the S.E. corner of Section 11; thence N. 89° 37' W, 600.0 feet, thence due north, 497.26 feet, thence S. 89° 37' E, 600.0 feet; thence due south, 497.26 feet to the point of beginning. 7. direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said state- ment as prepared by the City Engineer dated February 3, 1970; and 8. upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #389-70 RESOLVED, that the Council does hereby determine that the regular meetings for the month of June, 1970 shall be conducted on the following dates at 8:00 P. M. : June 8, 1970; and June 22, 1970. By Councilman Ventura, seconded by Councilman Raymond, and unanimously 1cpted, it was #390-70 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. 11310 The following resolution was unanimously offered, supported and adopted: #391-70 RESOLVED, that having considered the request dated May 6, 1970, from Thomas D. Heap, 14373 Blackburn Avenue, Livonia, Michigan, submitted in behalf of the residents of Kimberly Oaks Estates Subdivision #4, the Council does hereby grant permission to such residents to conduct a street dance on Allen Avenue, between Blackburn and Cranston Avenue, from 8.30 P. M. to 1.00 A. M. commencing the evening of May 29, 1970, subject to the approval of the Director of Public Safety-Police. By Councilman Milligan, seconded by Councilman Raymond, it was #392-70 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 1315 2/70, and the attached fine.] construction estimate dated January 26, 1970, the Council does hereby authorize Final Payment in the amount of $15,000.00 to the contractor, J. Mancinelli Excavating, Inc., 27510 Northline, Romulus, Michigan; provid- ed, however, that said contractor first deposit a cash sum of $1,500.00 with the City of Livonia to be held as a retainer fee to assure completion of the minor clean-up work, which $1,500.00 retainer fee is to be released to the contractor upon written notification from the Engineering Division to the City Clerk that all complaints have been satisfied, in connection with the Five Mile Road-Schoolcraft Sanitary Relief Sewer, which sum includes the full and complete balance due on a contract dated August 21, 1968, it appearing from the aforementioned report that all work under the said contract, except for a few minor clean-up items, 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 further, the Wayne County Road Commission is hereby requested to authorize the use of surplus funds to defray the cost of the final estimate in the amount of $15,000.00; and the City Clerk is hereby requested to forward a copy of this resolution to the Board of Wayne County Road Commissioners of Wayne County; 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Milligan, it was #393-70 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, based upon its meeting of May 5, 1970, the Council does hereby approve Petition 69-8-6-18, as revised by the Capital Improvement Committee; and further, having considered the report and recommendation dated December 3, 1969, from the City Planning Commission, which sets forth its resolution #11-170-69 in regard to Petition 69-8-6-18 submitted by the City Planning Commission, pursuant to Council Resolution #399-68, to determine whether to amend Section 4.02 of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, pertaining to the storage and parking of trailers in R-1 through R-5 Districts, and the Council having conducted a public hearing with regard to 11311 this matter on February 9, 1970, pursuant to resolution #12-70, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 69-8-6-18, as revised, is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Milligan, it was #394-70 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, based upon its meeting of May 5, 1970, and further, having considered the report and recommendation dated December 3, 1969 from the City Planning Commission, which sets forth its resolution #11-169-69 in regard to Petition 69-10-6-22 submitted by the City Planning Commission on its own motion to determine whether to amend Section 2.10, Definitions of Miscellaneous Terms, of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, by adding paragraph (19) to define the term of "Recreational Equipment," and the Council having conducted a public hearing with regard to this matter on February 9, 1970, pursuant to resolution #12-70, the Council does hereby concur in the rec- ommendation of the Planning Commission and the said Petition 69-10-6-22 is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A rollcall vote was taken on the foregoing resolution with the following result: AYES : Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, and unanimously r.dopted, this 684th regular meeting of the Council of the City of Livonia was duly adjourned at 11:45 P. M., May 11, 1970. ADDISON W. BACON, C lerk.