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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-11-10 L 10971 MINUTES OF THE SIX HUNDRED SIXTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 10, 1969, 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 8:10 P. M.. Councilman Raymond delivered the invocation. Roll was called with the following result: Present--Edward H. McNamara, Peter A. Ventura, Jerry Raymond, Robert E. McCann, Robert F. Nash, Edward G. Milligan and *Rudolf R. Kleinert. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney, Robert A. Shaw, Director of Public Works; Donald Nicholson, Director of Public Safety; David L. Jones, Water and Sewer Commissioner; L. Henry Sieferd, City Assessor; Carl Demek, Superintendent of Operations Division, James Miller, Personnel Director, John Nagy, Assistant City Planner, Dan Andrew, Industrial Coordinator; Victor C. Phillips, Budget Director; Thomas Griffiths, Jr., Chief Accountant, and Raymond Danaher, Budget Analyst. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #1240-69 RESOLVED, that the minutes of the 667th regular meeting of the Council of the City of Livonia, held November 3, 1969, are hereby approved. By Councilman McCann, seconded by Councilman Raymond, and unanimously adopted, it was #1241-69 RESOLVED, that the Department of Law is hereby requested to submit its opinion as to the applicability, if any, of the Mayor's line- item veto to reductions made in the Mayor's proposed Budget by the Council in the adoption of the Budget by the Council. The President of the Council declared that the Mayor's veto of certain items set forth in CR-1205-69, adopted on November 1, 1969, which resolution would adopt the Annual Budget, will be considered at the regular meeting of the Council to be held on November 17, 1969. 10972 The communication from the City Clerk, dated November 4, 1969, relative to the expiration dates of the term of office for certain members of the Board of Canvassers, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Milligan, it was #1242-69 RESOLVED, that having considered a communication from the Depart- ment of Law, dated July 23, 1969, and submitted pursuant to Council Resolu- tion #772-69, with regard to a proposed Charter amendment relative to residency requirements for appointive administrative personnel, the Council does hereby determine to take no action with respect to this matter at this time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan and Ventura. NAYS: McNamara. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman McCann, it was #1243-69 RESOLVED, that having considered the report and recommendation dated August 8, 1969 from the City Planning Commission, which sets forth its resolution #7-107-69 in regard to Petition 69-2-6-6, submitted by the City Planning Commission on its own motion, to determine whether to amend Ordinance No. 543, as amended, the Zoning Ordinance, by adding paragraph 19 to Section 2.10 of the said ordinance, and the City Council having conducted a public hearing with regard to this matter on October 8, 1969 pursuant to Council Resolution #955-69, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 69-2-6-6 is hereby approved and granted, except so as to revise the proposed amendment to read as follows: . . . (19) Landscaping. Notwithstanding any other provisions contained in this ordinance, in commercial and industrial zoning districts, sodding, seeding or decorative treatment of the area lying between the property line and the pavement shall be required of the owner and/or developer of the lot, as approved by the Bureau of Inspection. and the Department of Law is hereby 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: Raymond, McCann, Nash and McNamara. NAYS: #Milligan and *Ventura. The President declared the resolution adopted. 10973 *Councilman Milligan made the following statement: My 'no' vote is cast because I believe it is discrimination in requiring industrial and commercial developers to maintain public land whereas we do not require this of residential. *Councilman Ventura made the following statement: My 'no' vote is cast for the same reasons set forth by Councilman Milligan. *Councilman Kleinert arrived at 8:35 P. M. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #1244-69 RESOLVED, that having considered a communication from the Director of Public Safety, dated October 17, 1969, with respect to the issuance of parade permits, the Council does hereby refer the same to the Department of Law for disposition. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #1245-69 RESOLVED, that having considered a communication from the Department of Law, dated October 8, 1969, and submitted pursuant to Council Resolution #1096-68, wherein a proposed lot partition ordinance is submitted, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that the Council does hereby request that the Depart- ment of Law render an Opinion as to whether or not the City Council must consider lot partitions. A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan and Ventura. NAYS: Raymond, McCann, Nash, Kleinert and McNamara. The President declared the resolution denied. By Councilman Milligan, seconded by Councilman Nash, it was #1246-69 WHEREAS, the President of the United States has expressed the intention of seeking the authority of Congress to expend $662,000,000 in the next five years to develop supersonic aircraft; and WHEREAS, President Nixon contends that this matter is of extreme urgency and required to maintain the leadership of the United States in the world aircraft industry; and 10974 WHEREAS, rising budget concern, intensified by astronomical monetary requirements of the Vietnam conflict, the space program, and funds required to fulfill existing domestic needs and government operations, de- prives the American people of many essential federal programs and activities; and WHEREAS, government spending, born of crisis or otherwise, which appends additional burdens to the already overwhelming tax load of all our citizenry must be regulated by a careful consideration of priorities; and WHEREAS, there are existing domestic priorities which include, among others; the urgent need for federal monetary assistance implementing the project of averting man's apparent unbridled intent to exterminate life on this planet by the pollution of our air and water; the imperativeness of obtaining a financing program to resolve transportation problems con- cerning the rapid conveying of the American people from one part of a community to another, rather than from one country to another, the making available of funds required to cope with an evergrowing, and as yet unresolved waste disposal problem; and the dire need to provide for adequate sewage systems and water treatment facilities; and WHEREAS, by the failure of our federal government to fulfill critical domestic needs, America's role of world leadership may, in the future, experience irreparable setbacks far more severe in nature than the prospect of not being the first in the development of the SST; and WHEREAS, the proposed program encompassing of the development of supersonic air transportation ignores present requirements for financial assistance in fulfilling immediate national needs, thus neglecting the welfare of all Americans, impeding domestic progress, and endangering our very future existence; all of which unquestionably create, threatening facets to the world image, and leadership role of the United States of America; and WHEREAS, in view of the foregoing, it becomes imperative for Livonia, by and through its legislative body representing the people of this community, to explicitly convey its position on President Nixon's proposed program; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Livonia: Section 1. That theCongress of the United States be requested and its aid enlisted to firmly support the premise that the President's proposal to immediately seek funds for the development of supersonic transport aircraft be relegated to its appropriate order of priority and that available funds be made accessible for numerous domestic projects, including pollution control, community transportation, sewage and water facilities and other far more critical local and national needs„ 10975 • Section 2. That intensive measuresbe immediately instituted to elicit the support of all Americans and of state and local legislative bodies throughout our Country and that they be induced to communicate their concurrence with the concept set forth in Section 1 of this resolu- tion to the appropriate federal government authorities. Section 3. That the Clerk of Council be and he hereby is directed to forward a copy of this resolution to the Congress of the United States and to furnish a copy thereof to each of the two United States Senators from Michigan and to each of the Representatives to Congress from the State of Michigan. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Nash, Milligan, Ventura and McNamara. NAYS: McCann and Kleinert. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Ventura, it was #1247-69 RESOLVED, that having considered a communication from the Personnel Director, dated September 26, 1969, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on September 9, 1969, wherein the Commission with respect to the classification of Co-op Trainee did recommend the following: 1. Retitle the classification of Co-op Trainee to Co-op Trainee (High School) with no change in the rates for this classifi- cation. 2. Establish a classification of Co-op Trainee (College) with the following rate schedule: $1.75/hour (up to 89 calendar days) $1.85/hour (90 - 1?9 calendar days) (a) $2.00/hour (from 180 calendar days) (b) $2.25/hour (upon comp ting 1-1/2 calendar years of service) $2.50/hour (upon completing 2-1/2 calendar years of service) (a) Co-op Trainees (High School) who have completed 180 calendar days as a Co-op Trainee (High School) and have graduated from high school may start at $1.85 an hour. (b) Co-op Trainee (High School) who have completed the requirement in (a) above plus have worked another 89 calendar days may start at $2.00 an hour. 3. Reclassify the position of Co-op Trainee in the Office of the Civil Service Commission to Co-op Trainee (College). the Council does hereby concur in and approve of such action, further, the Council does hereby authorize the transfer of the sum of $544.96 ($520.00 in base salary $24.96 - Social Security) from the Designation Co-op Trainee (High School) to Co-op Trainee (College) within the Civil Service Budget Account #220-702. 10976 LF A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Milligan, Kleinert, Ventura and McNamara. NAYS: Nash. The President declared the resolution adopted. The communications with respect to Senior Citizens Tax Exemptions from Allen Park, Romulus and the City of Birmingham were received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman McCann, it was RESOLVED, that having considered a communication from the Livonia Housing Commission, dated October 23, 1969, approved for submission by the Mayor, with respect to the construction of the Patrick V.McNamara Towers Senior+.Citizens Housing Project (MICH-55-1), the Council does hereby authorize the transfer of the sum of $225,000.00 from the General Fund Account to the Housing Commission Account for the purpose of making payment to the general contractor constructing this project with respect to the City's portion of the cost involved in this regard; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. By Councilman Milligan, seconded by Councilman Nash, it was #1248-69 RESOLVED, that having considered a communication from the Livonia Housing Commission, dated October 23, 1969, approved for submission by the Mayor, with respect to the construction of the Patrick V. McNamara Towers Senior Citizens Housing Project (MICH-55-1) requesting transfer of the sum of $225,000.00 from the General Fund Account to the Housing Commission Account for the purpose of making payment to the general contractor constructing this project with respect to the City's portion of the cost involved in this regard, the Council does hereby table this matter until such time as the detailed breakdown of costs is received, this report having been requested of the Housing Commission at the Study Session held on November 3, 1969. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan, Ventura and McNamara. NAYS: Kleinert. The President declared the resolution adopted. ims By Councilman McCann, seconded by Councilman Nash, it was 10977 #1249-69 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works, Budget Director, dated October 24, 1969, and approved for submission by the Mayor, with regard to the Equipment Repair Parts Account of the Department of Public Works, the Council does hereby authorize the transfer of the sum of $5,000.00 from Account #236-1 (Road Salaries) to Account #244-49 (Equip- ment Repair Parts). A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan, Ventura and McNamara. NAYS: Kleinert. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Nash, it was #1250-69 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works, Budget Director, dated October 20, 1969, and approved for submission by the Mayor, with regard to expenditures in the Administrative Budget of the Department of Public Works, the Council does hereby authorize the transfer of the sum of $2500.00 from Account #236-1 (Road Salaries) to the following accounts in the following amounts : Account # Amount 235-U (Heat, Light, Water) $1000.00 235-57 (Tools & Supplies) 1400.00 235-60 (Safety Equipment) 100.00 TOTAL $2500.00 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan, Ventura and McNamara. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was #1251-69 RESOLVED, that having considered a communication from the Personnel Director, dated September 29, 1969, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on September 2, 1969, as well as having considered supplemental information submitted in a com- munication dated October 28, 1969 from the Personnel Director, the Council does hereby concur in and approve of the recommendation made by the Civil Service Commission relative to an adjustment in the premium rates for life insurance and weekly indemnity benefits provided to the City by the Great-West Life Assurance Company, which adjustment in premium rates will be as follows: 10978 1. Coverage Old Rate Per Month New Rate Per Month Life Insurance 60¢ per $1000 of 39¢ per $1000 of coverage coverage Accidental Death, 7¢ per $1000 of No change Dismemberment & Loss coverage of Sight Insurance Weekly Indemnity 65¢ per $10 of 59¢ per $10 of Benefits ($42 a week coverage coverage for 26 weeks) further, the Council does hereby agree to allocate $22,000.00 as a Claim Fluctuation Reserve to be used to pay Life Claims which might be in excess of Life Premiums. ($21,488.12 of this amount is presently in the refund or experience deposit account with the Great-West Life Assurance Company. This refund account is owned by the City. An appropriation would not be necessary to make up the difference between the amount in the account and the $22,000.00). The proposed premium rates for life insurance and weekly indemnity benefits have been reflected in our billings from Great-West Life since May 1, 1969, pending resolution of the matter by the Civil Service Commission and the City Council; and the Mayor and City Clerk are hereby authorized to do all things necessary to execute in behalf of the City of Livonia such documents as are required to implement the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. At 9:13 P. M. , a recess was called, after with the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Milligan, seconded by Councilman Kleinert, it was #1252-69 RESOLVED, that having considered the recommendation of the Director of Public Safety in a communication dated September 27, 1969, with respect to bids received for providing ambulance service to the City of Livonia and its residents, the Council does hereby determine to authorize renewal of the City's contract with General Ambulance Service, 1950 W. Wide Tract Drive, Pontiac, Michigan 48058, for a period of two years commencing on and after January 18, 1970 through January 17, 1972, at a rate of $400.00 per month, such contract to be based upon the same terms and conditions which are outlined in the City's current agreement, except to the extent to modify the same to comply with representations made to the City Council at its Study Session of November 3, 1969 wherein representatives of the General Ambulance Service did agree that certain reductions be made to residents of the City of Livonia who have need for such ambulance service with a rate structure to be for the term of this contract as follows: 10979 $ 5.00 oxygen fee per patient. 10.00 resusitator 35.00 per stretcher patient 1.00 per mile from point of pick up to final destination 20.00 per sit:up patient (no charge for mother riding in ambulance with child) further, the Department of Law is hereby requested to draft an agreement to implement the purpose of this resolution and the Mayor and City Clerk are hereby authorized to affix their signatures to said agreement for and on behalf of theCity of Livonia as well as to do all things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Nash, it was RESOLVED, that the foregoing resolution be amended so as to make the term of the Ambulance Contract for one year in lieu of two years. A roll call vote was taken on the foregoing amendment with the following result: AYES: Raymond, Nash and Ventura. NAYS: McCann, Milligan, Kleinert and McNamara. The President declared the amendment denied. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that the Ambulance Contract is hereby tabled for one week. A roll call vote was taken on the tabling resolution with the following result: AYES: Raymond, Ventura and McNamara. NAYS: McCann, Nash, Milligan and Kleinert. The President declared the tabling resolution denied. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that the proposed Ambulance Contract is hereby referred to the Department of Law and the Director of Public Safety for the purpose of embodying all changes in the said contract. A roll call vote was taken on the referring resolution with the following result: AYES: Raymond, Ventura and McNamara. NAYS: McCann, Nash, Milligan and Kleinert. The President declared the referring motion denied. 10980 LA roll call vote was taken on the original resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert and McNamara. NAYS : Raymond and Ventura. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman McCann, it was RESOLVED, that the Council does hereby direct the Mayor, in accordance with Chapter 5, Section 5(1) of the City Charter, to provide this Council with a complete analysis of the ambulance needs of the City within the sphere of governmental responsibility. Specific recommenda- tions should be made as to the type of ambulance service the City should provide and the proposed program for implementing this service. By Councilman Nash, seconded by Councilman Milligan, it was #1253-69 RESOLVED, that the Council does hereby determine that the matter of directing the Mayor to furnish them with a complete analysis of the ambulance needs of this City, with specific recommendations as to the type of service and the means to be used in implementing the same, be referred to the next Regular Meeting to be held November 17, 1969. LA roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan and McNamara. NAYS: Raymond, Kleinert and Ventura. The President declared the resolution adopted. The communication dated October 23, 1969 from Seymour Weberman, Attorney, requesting reconsideration of Council action with respect to Petition No. 69-3-1-9, submitted by Emerson Building Company, was received and filed for the information of the Council. Opinion No. 69-7, submitted by the Department of Law on October 30, 1969 with respect to zoning regulations of public housing, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #1254-69 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. 10981 LCouncilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PET. 69-5-1-17 FOR CHANGE ON ZONING FROM RUF to P.S. 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. Councilman Nash invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. L The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 12 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: PET. 69-6-1-19 FOR CHANGE OF ZONING FROM C-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. Councilman Ventura invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: L AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 10983 the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of 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 assess- ments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 2.506 of the Livonia Code of Ordinances, as amended; and the City Planning Com- mission is hereby requested to provide its assistance to the City Engineer in the preparation of the aforementioned report. By Councilman McCann, seconded by Councilman Nash, it was #1258-69 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 19, 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 November 5, 1969, after due notice as required by Section 2-507 of said Code, and careful considera- tion 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 installa- tion of street lights on Hubbard Road southerly from Plymouth Road adjacent to the St. Michael's Church and School Site in Section 34, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especial- ly 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 August 19, 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 assessment shall be levied, as follows : A special assessment district located in Section 34, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as lots 250 through 255 both inclusive of Rosedale Gardens #1 Subdivision as recorded in Liber 56, Page 59 of Wayne County Records and lots 715 through 732 both inclusive of Rosedale Gardens #2 Subdivision as re- corded in Liber 57, Page 12 of Wayne County Records and 10982 By Councilman Raymond, seconded by Councilman Ventura, it was #1255-69 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 own 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 Northwest 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 resolu- tion #1033-69, the Council does hereby determine to table this matter to the first Study Session to be conducted in May, 1970, for consideration at that time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Kleinert, Ventura and McNamara. NAYS: Milligan. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, and unanimously L adopted, it was #1256-69 RESOLVED, that before determining to improve the alley located adjacent to the commercial development on the south side of Plymouth Road between Merriman Road and Hubbard Road in the City of Livonia, which improvement is to be of an asphalt construction and the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all non-residential property on Plymouth Road affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of 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, pursuant to the provisions of Section 2.506 of the Livonia Code of Ordinances, as amended. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #1257-69 RESOLVED, that before determining to implement an overall parking development, including landscaping, erection of a screening wall, etc. for the commercial development located on the south side of Plymouth Road between Hubbard Road and Merriman Road, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, 10984 LBureau of Taxation Parcel 34D (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 August 19, 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 Chapter 5 of Title 2 of the Livonia Code of Ordinances,as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan, Ventura and McNamara. NAYS : None. Councilman Kleinert abstained from voting under the provisions of Chapter TV, Section 9 of the City Charter, because of financial interest. L By Councilman Raymond, seconded by Councilman Ventura, it was # 259-69 RESOLVED, that the Department of Law is hereby requested to prepare an amendment to the Plat Ordinance so as to modify such Ordinance to provide, with respect to Industrial Subdivisions, primary service lines shall be overhead, but service lines shall be underground. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Kleinert, Ventura and McNamara. NAYS: McCann, Nash and Milligan. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Kleinert, it was #1260-69 RESOLVED, that the Council does hereby determine to reconsider their action taken in Council Resolution #1226-69, adopted on November 3, 1969, which resolution approved the preliminary plat of Livonia Freeway Industrial Park Subdivision #1, and set up the bonds and requirements therefor. LA roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, Milligan, Kleinert, Ventura and McNamara. NAYS: Nash. The President declared the resolution adopted. 10985 By Councilman Ventura, seconded by Councilman Kleinert, it was RESOLVED, that the Council does hereby determine to waive the underground wiring in the Livonia Freeway Industria:L_ Park Subdivision #l. By Councilman Raymond, seconded by Councilman McCann, it was RESOLVED, that a substitute resolution be made so as to amend the foregoing resolution to provide that the primary lines shall be overhead, but that the service lines shall be underground. A roll call vote was taken on the motion to substitute, with the following result: AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: Nash and Ventura. The President declared the motion adopted. A roll call vote was taken on the resolution, as amended, as follows : #1261-69 RESOLVED, that the Council does hereby determine to amend, revise and modify Paragraph (9) of Council Resolution #1226-69 adopted on November 3, 1969, so as to have said Paragraph (9) read as follows: That ornamental street lights are to be provided throughout the subdivision in accordance with City ordinances; provided, however, that the Council does hereby waive and modify the improvement requirement set forth in Section 9-116 (n) of the Livonia Code of Ordinances (Plat Ordinance) as amended, relative to underground wiring so as to provide that the primary lines shall be overhead, but that the service lines shall be underground, such requirement being modified for the reason of undue hardship in this case. with the following result: AYES: Raymond, McCann, Milligan, Kleinert, Ventura and McNamara. NAYS: Nash. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Nash, it was #1262-69 RESOLVED, that having considered a communication from the Department of Law dated November 7, 1969 and approved by Mr. John Dufour and approved for submission by the Mayor, the Council does hereby authorize the acquisition of the following described property for the purchase price of $11,160.00: Parcel A West 160 feet of the North 1775 feet of the Southeast 1/4 of Section 3, Town 1 South, Range 9 East, except the North 1320 feet thereof. 10986 Parcel B Also East 23 feet of North 360 feet of that part of the Southwest 1/4 of Section 3 described as: Beginning at the South 1/4 corner of Section 3, and proceeding thence West along the South line of said Section 147.5 feet; thence North 0 degrees 18 minutes 40 seconds East 1310.77 feet; thence South 89 degrees 40 minutes 20 seconds East, 148.77 feet to the North and South 1/4 line of Section 3, thence South 0 degrees 22 minutes West, 1309.8 feet to the point of beginning. further, the Council does hereby authorize the expenditure of a sum not to exceed $11.00 for the proration of the City, County, and school taxes applicable to this property, prorated as of the time of closing; and the City Council does hereby authorize the advance of the aforesaid sums from the $4.4 million Parks and Recreational General Obligation Bond Issue; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the f►►11 performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, this 668th regular meeting of the Council of the City of Livonia was duly adjourned at 11:13 P. M., November 10, 1969. ADDISON W. BACON, Ci`I.rk.