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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-06-25 10595 L MINUTES OF THE SIX HUNDRED FIFTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 25, 1969, the above meeting was held at the City Hall, 33001 Five ,is Mile Road, Livonia, Michigan, and was called to order by the Vice President of the Council at approximately 8:10 P. M.. Councilman Nash delivered the invocation. Roll was called with the following result: Present--Robert E. McCann, Rudolf R. Kleinert, Peter A. Ventura, Jerry Raymond, Robert F. Nash and Edward G. Milligan. Absent--Edward _I, McNamara (Excused). Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Robert A. Shaw, Director of Public Works; David L. Jones, Water and Sewer Commissioner; Henry Sieferd, City Assessor; Dan Andrew, Industrial Coordinator; William J. Strasser, City Engineer; Donald Nicholson, LDirector of Public Safety; Kenneth Kampman, Director of Civil Defense; Don Hull, City Planner; John T. Dufour, Superintendent of Parks and Recreation; Marie Talbot, Court-Clerk Administrator; James Miller, Personnel Director; Calvin Roberts, Fire Chief; Victor C. Phillips, Budget Director; Thomas J. Griffiths, Jr., Chief Account- ant; John Stymelski, Traffic Commission; Raymond Tent and Robert Colomina of the Planning Commission. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #688-69 RESOLVED, that the minutes of the 653rd regular meeting of the Council of the City of Livonia, held June 18, 1969, are hereby approved. The Vice President acknowledged receipt of two veto messages from the Mayor, both dated June 25, 1969, the first on Council Resolution #649-69, adopted on June 18, 1969, which would change the zoning of a parcel of land in the West 1/2 Lof Section 12 from R-1 to R-7, and the second on Council Resolution #678-69, adopted on June 18, 1969, which requested the Department of Law to acquire property located at 33107 Five Mile Road. 10596 By Councilman Ventura, seconded by Councilman Nash, it was # 9-69 RESOLVED that, having considered the veto by the Mayor, dated June 25, 1969 of resolution #649-69 adopted by the Council on June 18,1969 the Council does hereby readopt said resolution #649-69 the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. The Vice President declared the resolution adopted, and the Mayor's veto overruled. By Councilman Ventura, seconded by Councilman Kleinert, it was RESOLVED that, having considered the veto by the Mayor, dated June 25, 1969 of resolution #678-69 adopted by the Council on June 18, 1969, the Council does hereby readopt said resolution #678-69 the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert, Ventura, Raymond and McCann. NAYS: Nash and Milligan. The Vice President declared the resolution denied for the lack of five affirmative votes, and the Mayor's veto sustained. The following resolution was unanimously introduced, supported and adopted• #690-69 WHEREAS, Ronald L. Nisun has recently left his position as Court Officer after faithfully serving the City of Livonia in that capacity, ynd WHEREAS, Constable Nisun did in the course of such service give unselfishly of his time and conducted himself at all times in a manner so as to merit the commendation of the people of this community; NOW THEREFORE BE IT RESOLVED, that Officer Nisun having chosen to terminate his City service, the City Council does take this means to express its sincere respect and esteem for Ronald L. Nisun, with its heartfelt thanks for a job well done. By Councilman Kleinert, seconded by Councilman Nash, it was RESOLVED, that having considered the report and recommendation from the Chief of the Fire Division, the Director of Public Safety and the Budget Director, dated June 24, 1969, approved for submission by the Mayor, the Council does hereby accept the bid of Youngs Equipment Company, 24701 Telegraph Road, Southfield, Michigan, Agent for Seagrave Fire Apparatus, Inc., to supply the Fire Division, Department of Public Safety, 10597 with five (5) fire engine pumpers for a total price of $202,500.00, the same having been in fact the lowest bid received meeting specifications, with respect to this item, and further, the Council does hereby determine to authorize the disbursement of said $202,500.00 from proceeds of the sale of the 1968 Fire Station and Equipment Bond Issue, which amount is available as unexpended and unencumbered funds, and the City Clerk and City Treasurer are authorized to do all things necessary to the full performance of this resolution. By Councilman Raymond, seconded by Councilman Milligan, it was 4691-69 RESOLVED, that having considered the report and recommendation from the Chief of the Fire Division, the Director of Public Safety and the Budget Director, dated June 24, 1969, approved for submission by the Mayor, with respect to bids for the purchase of five (5) Fire Engine Pumpers, the Council does hereby refer this matter to the next Study Session to be held July 9, 1969. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Ventura and Raymond. NAYS: Kleinert and McCann. L The Vice-President declared the resolution adopted. By Councilman Nash, seconded by Councilman Kleinert, it was #692-69 RESOLVED, that having considered a communication from the Water and Sewer Commissioner dated June 25, 1969, approved by the Director of Public Works and approved for submission by the Mayor, regarding the necessity for cleaning of the twenty-four (24) inch and eighteen (18) inch sanitary sewers serving the Chevrolet Motor Division plant located on Eckles Road in Livonia, Michigan, and having considered the necessity of performing this work on an emergency basis so that such work can be performed during the period from 6 a.m. July 14, 1969 to 6 p. m. July 16, 1969, the Council does hereby determine, pursuant to the provisions of Section 12(c) Paragraph 1 of Ordinance 216, as amended, the Financial Ordinance, to authorize the Director of Public Works to employ the services of (a) the Chemical Scale Removal Company at a cost of $50.00 per hour for approximately 50 hours, and (b) to employ the services of the Michigan Pipe Cleaning Company to provide camera work at a cost not to exceed $500.00, all such work to be performed without the requirement for taking bids for the reasons outlined in the aforesaid communication; further, the Council does hereby authorize the expenditure of a sum not to exceed $3,000.00 from the Water and Sewer fund for the purposes enumerated herein on the basis that the portion relative to the Chemical Scale Removal Company will be reimbursed to the City by the Chevrolet Motors Division, as indicated in the letter dated June 21, 1969 from Mr. H. T. Price, Plant Manager, further, the Director of Public Works is herein requested to require of the aforesaid contractor adequate insurance coverage; further, the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 10598 A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #693-69 RESOLVED, that the Council does hereby request a report from the Engineering Department, and the Wayne County Department of Health, as to the type of waste being deposited into the sanitary sewer by Chevrolet Motor Division, General Motors Corporation Plant on Eckles Road, and if the same is injurious to the sanitary sewer system. Councilman Nash took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 77 OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "RETIREMENT PLAN ORDINANCE," BY AMENDING SECTION 2.18, 6.02, 6.03, 6.01+, L8,01 AND 8.04 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. The Vice-President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. Pet. No. 69-5-3-3 A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. LThe Vice-President declared the foregoing Ordinance duly adopted and would become effective on publication. 10599 The communication from the Wayne County Board of Supervisors, dated June 5, 1969, transmitting its 1st Quarter Report, was received and filed for the L information of the Council. By Councilman Kleinert, seconded by Councilman Ventura, it was #694-69 WHEREAS, under Section 131C of Act 206, Public Acts of 1893, as amended, the owners are permitted to further redeem properties of which the State becomes the owner on May 6, 1969. WHEREAS, the municipalities in which the properties are located must approve the application of the owner to pay the 1968 and prior years' taxes, and, WHEREAS, the convenience of the taxpaying public demands that the information be obtained and arrangements to pay said taxes be accomplished in one office, NOW, THEREFORE, BE IT RESOLVED: 1. That, Louis H. Funk, Wayne County Treasurer, is, by this resolution, authorized to act as representative and agent of the City of Livonia for the purpose of approving the application of the property Lowners to pay the 1968 and prior years' taxes accept the necessary monies, the same to be forwarded to Lansing, Michigan by him. 2. That the County Treasurer is further authorized by: City of Livonia to request of the Department of Conservation, Lands Division, the withholding of properties from the auction sale until November 3, 1969, provided that sufficient monies are deposited with the County Treasurer to effect redemption. 3. That the County Treasurer is to periodically report to: City of Livonia the properties withheld by him and that this Board (Council) is in turn to confirm said withholdings of the County Treasurer with notice of same to the Department of Conservation, Lands Division. 4. That a copy of this resolution be mailed to the Department of Conservation, Lands Division, Lansing, Michigan. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Milligan, seconded by Councilman Nash, it was #695-69 RESOLVED, that having considered a communication from the City tow Clerk dated May 23, 1969 which transmits a copy of the Annual Audit and Report on the examination of Financial Statements and Supplemental Data for the fiscal year that ended on November 30, 1968 which was completed by the firm of Lybrand, Ross Bros. & Montgomery, the Council does hereby refer the same to the Committee of the Whole for its consideration. 10600 A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #696-69 RESOLVED, that having considered a communication from Mr. David A. Perry dated May 28, 1969 with regard to the matter of retroactive pay as authorized in council resolution #359-69, particularly with respect to the two Asst. City Attorney II positions which as of December 1, 1968 were filled, and which positions subsequent to that date were made vacant as a result of the resignations of Mr. George A. Weible on January 31, 1969 and Mr. David A. Perry on January 3, 1969, the Council does hereby determine to authorize the payment of the new applicable salary rate authorized by the action taken in Council Resolution #359-69 for these said positions during the period that the aforesaid employees were employed by the City; further, the Council does hereby request that the City Clerk do all things necessary or incidental in reimbursing the aforesaid persons in accordance with the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Kleinert, Ventura, Raymond and McCann. LNAYS: Milligan. The Vice-President declared the resolution adopted. By Councilman Kleinert, seconded by Coi:pcilman Ventura, it was #697-69 RESOLVED, that having considered a communication dated May 21, 1969 from the Office of the Wayne County Drain Commissioner which submits a detailed itemization with respect to a billing in the amount of $3170.65 in connection with the maintenance of various county drains located within the City of Livonia over which the Wayne County Drain Commissioner has jurisdiction, submitted pursuant to council resolution #443-69, the Council does hereby authorize the payment of the sum of $3170.65 to be made to Mr. Louis H. Funk, Wayne County Treasurer, 222 City-County Building, Detroit, Michigan, 48226, and for this purpose the Council does hereby transfer the additional sum of $1028.65 from the Reserve for Contingencies Account to Account No. 337, and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. LNAYS: None. 10601 LThe communication , dated August 21, 1969, from the Tony Angelo Cement Construction Company with respect to the Newburgh Road Paving, between Schoolcraft Road and Six Mile Road, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Ventura, it was #698-69 RESOLVED, that having considered a communication from Anthony J. Troszak, Jr., 15596 Nola Circle, Lot #23, and Talbert Davis, 15610 Nola Circle, Lot #22, dated June 1, 1969, with respect to the pedestrian walk- way located between their respective properties in the Blue Grass Farms Subdivision, the Council does hereby take this means to waive and modify the improvement requirements relating to this subdivision as previously established for the same insofar as the said walkway is concerned and the requirement that such walkway be fenced, and in lieu of the foregoing that the said area merely be marked by small concrete markers and that no walkway or fence be erected at this time; further, the proprietor of the subject subdivision is hereby granted the option to post a cash deposit in lieu of any other bond requirements previously established insofar as the said pedestrian walkway and fence are concerned; and further, the Council does hereby reserve the right to review this matter in the future in the event that circumstances develop which would require possible modification of the action taken herein. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #699-69 RESOLVED, that having considered a communication from certain residents residing in Blue Grass Farms Subdivision and Greenwood Farms Subdivision, dated June 1, 1969 relating to the condition of the park area between the said subdivisions, the Council does hereby refer the same to the Parks and Recreation Commission for its report and recommendation. By Councilman Nash, seconded by Councilman Kleinert, it was RESOLVED, that having considered a communication from the Parks and Recreation Commission dated June 4, 1969, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby authorize the expenditure of a sum not to exceed $13,031.50 from the $4,400,000.00 General Obligation Park and Recreational Facilities Bond Issue for the purpose of paving the Parking Lot at the Whispering Willows Municipal Golf Course in the manner indicated in the aforesaid communica- tion, such work to be done in conjunction with the paving of Newburgh Road, and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. 10602 By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #700-69 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated June 4, 1969, approved by the Budget Director and approved for submission by the Mayor, with respect to the paving of the Municipal Golf Course Parking Lot, the Council does hereby refer this matter to the next study session to be held July 9, 1969; further, the Parks and Recreation Commission is requested to provide information detailing the matter referred to in the aforesaid communica- tion. At 9:20 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 Ventura, seconded by Councilman Nash, it was #701-69 RESOLVED, that having considered a communication from the City Engineer dated June 9, 1969, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a communi- cation from the Tony Angelo Cement Construction Company, dated June 2, 1969, with respect to the extension of the completion date set forth in the contract between the City of Livonia and the aforesaid company relative to the paving of Newburgh Road, from Schoolcraft Road to Six Mile Road, the Council does hereby determine to grant a 90-day extension of the completion date in connection with this project, and the Mayor and the City Clerk are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution, provided, however, that the action which is taken herein is based on a requirement being made of the Contractor that if such work is not completed within the ninety (90) day period referred to, then a penalty of Three Hundred ($300) Dollars per day shall be deducted from the contract and such penalty to begin at the end of ninety (90) days, in the event that a penalty clause is not presently in the Contract. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Ventura, Raymond and McCann. NAYS: Kleinert. The Vice-President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Nash, it was #702-69 RESOLVED, that having considered a communication from the Industrial Development Commission dated June 3, 1969, approved by the Mayor, which sets forth its resolution7B)-5-69, adopted on May 27, 1969, 10603 the Council does hereby determine to authorize the payment of the sum of $776.16, from Account #170-23, to the Detroit News in order to cover the cost of a 7-week overrun of a 26-time Advertising Contract with the Detroit News; and the City Clerk and the City Treasurer are hereby request- ed to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #703-69 RESOLVED, that having considered a communication from the Director of Public Safety dated May 22, 1969, approved by the Mayor and the Budget Director for submission, with respect to the City's contrac- tual obligation with the General Ambulance Service, the Council does hereby authorize the transfer of the sum of $2400.00 from Acct. #184-1 to Acct. #175-4 for this purpose, said appropriation to cover the period from June 1, 1969 to December 1, 1969; and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. The communication from Philip H. Power, Observer Newspapers, dated May 29, 1969, relative to the designation of Official Newspaper, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Kleinert, it was #704-69 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated May 22, 1969, approved for submission by the Mayor, with respect to the use of the Devon-Aire Recreation Center by the Red Wing Old Timers to conduct a hockey school for young- sters, commencing on August 4, 1969 and terminating on August 30, 1969, the hours of operation of which would be as follows: Mondays thru Fridays - 8 A.M. to 6 P. M. Saturdays - 8 A.M. to 2 P.M. and the rental rate of which would be $800.00 per week (total of $3200.00) and such agreement to be based on the use of such facility by the Parks and Recreation Department after 6 P . M. during the week and after 2 P. M. on Saturdays and all day on Sundays for general skating, 10604 and ice rental at $35.00 per hour, the Council does hereby approve of the use of the Devon-Aire Center for this purpose; and does further authorize the Mayor and the City Clerk to execute a Lease Agreement to be prepared by the Department of Law between the City and the Red Wing Hockey School personnel for this purpose, such agreement to be in proper legal form and to contain the provisions and conditions which are set forth herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #705-69 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated May 27, 1969, approved for submission by the Mayor, with respect to the renaming of the Devonshire Park Site, and the Devonshire Recreation Center, located in Section 35, to the Devon-Aire Woods Park Site, and Devon-Aire Woods Recreation Center, the Council does hereby concur in the recommendation of the Parks and Recreation Commission and does hereby request that the Department of Law prepare an amendment to Ordinance No. 428 for this purpose. By Councilman Ventura, seconded by Councilman Nash, it was #706-69 RESOLVED, that having considered a communication from the City Engineer, Asst. City Engineer, and the Director of Civil Defense, dated June 4, 1969, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to council resolution #325-69, with respect to the proposed underground water tank and air compressor as well as the emergency pump and day tank for the Civil Defense Emergency Operating Center, the Council does hereby refer the same to the Capital Improvement Committee for its report and recommenda- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: Milligan. The Vice President declared the resolution adopted. The communication dated May 28, 1969 from the Department of Law, with regard to the possibility of obtaining funds for a multi-purpose senior citizens center from the Michigan Commission on Aging (CR-514-69), was received and filed for the information of the Council. 10605 By Councilman Kleinert, seconded by Councilman Ventura, it was #707-69 RESOLVED, that having considered a communication from the Water and Sewer Board, dated May 19, 1969, approved for submission by the Mayor, which transmits its resolution #WS 1210 469, in connection with providing a water main system for the Livonia Freeway Industrial Park Subdivision #1, the Council does hereby concur in the recommendation of the Water and Sewer Board that the proprietor of the said subdivision take alternate bids for the installation of a 12" as well as a 16" water main, north from Five Mile Road across the future I-275 Freeway to Six Mile Road, based upon the understanding that the developer will be reimbursed for the difference in cost in the event that a 16" Water Main is constructed in lieu of the 12" Water Main, said amount to be paid when bond moneys become available for this purpose; further, the Engineering Division is hereby authorized to prepare plans for approximately 700 feet of 12" water main to be installed in Five Mile Road the cost of which is to be financed as an advance from the water improvement funds. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #708-69 RESOLVED, that having considered a communication from the City Assessor dated May 8, 1969 which transmits a request from the Boam Company, 31411 W. Eight Mile Road, Livonia, Michigan, dated April 15, 1969, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division or partition of a lot known as Tax Item 03A3,4a of part of the N.E. 1/4 of Section 3, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing the same into two Parcels, the legal descriptions of which shall read as follows• PARCEL A The East 185.00 ft. of the North 235.00 ft. of the N. E. 1/4 of the N. E. 1/4 of the N. E. 1/4 of the N. E. 1/4 of Section 3, T. 1 S., R. 9 E., except the North 60.00 ft. thereof (south 1/2 of 8 Mile Road - 120 ft. wd. ) and except the East 60.00 ft. thereof (west 1/2 of Merriman Road - 120 ft. wd), City of Livonia, Wayne County, Michigan. PARCEL B The N.E. 1/4 of the N. E. 1/4 of the N. E. 1/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the East 185.00 ft. of the North 235.00 ft. thereof; also except the extreme north 60.00 ft. thereof (south 1/2 of 8 Mile Road, 120 ft. wd. ) and except the extreme east 60.00 ft. thereof (west 1/2 of Merriman Road, 120 ft. wd. ) 10606 as shown on the map attached to the aforesaid communication which is made a part hereof by this reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was #709-69 WHEREAS, pursuant to the direction of the City Council in its resolution No. 501-69 adopted on May 7, 1969, and in accordance with Section 3.06 of Ordinance No. 401, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of June 4, 1969 an assessment roll dated June 4, 1969 covering the proposed installation of pavement and drainage on Stark Road from Schoolcraft Road to Lyndon Avenue, and on Lyndon Avenue from Stark Road to Farmington Road in Section 21, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improve- ment in said district as designated in the said resolution No. 501-69; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 3.08 of Ordinance No. 401, as amended, of the City, to wit. that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road, on Wednesday, September 10,1969 at 7:00 p. m. , to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulat- ed generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of September 10, 1969; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's Office. By Councilman Kleinert, seconded by Councilman Nash, it was 10607 #710-69 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 76 for the proposed completion of the pavement on the west side of Henry Ruff Road immediately north of Lyndon Avenue (northwest corner) in Section 23, City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Ordinance No. 401, as amended, of the City of Livonia, a public hearing thereafter having been held thereon on Wednesday, June 11, 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 street improvements to be constructed in Special Assessment District No. 76, 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 ass-ssments set forth in said Special Assessment Roll dated April 29, 1959 in the amount of $6,250.00 are fair and equitable and based upon benefits to be derived by construction of improvements 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. 76 is hereby approved and confirmed in all respects; 3. The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1969. In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each inst J.lment shall be above and as near Ten Dollars ($10.00) as pos5ibie. The first installment shall be due and payable December 1, 1970 and subsequent installments on December 1st of succeeding years; 4. Pursuant to the provisions of Section 3.10 of Ordinance No. 401, 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 6.03 and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 6.03. Any property owner assessed may, within sixty (60) days from December 1, 1969 pay the whole or any part of the assessment without interest or penalty; 5. The first installment shall be spread upon the 1970 City tax roll in the manner required by Section 6.05 of Ordinance No. 401, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1969 and thereafter 10608 one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid install- ments; provided, however, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (60) day period as provided by Section 6.04, of after the expiration of the sixty (60) day period as provided by Section 6.07 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, 6. The City Council having determined to pay the entire cost of the City's share within the said district, the sum of $3,125.00 is hereby authorized to be expended from the $9,800,000.00 General Obligation Street Improvement 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: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: Milligan. The Vice-President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Nash, it was #711-69 RESOLVED, that having considered a communication dated June 9, 1969 from the Meri-Lynn Civic Association, as well as a communication dated June 17, 1969 from the Monarch Building Company of 12701 West Ten Mile Road, Oak Park, Michigan, with regard to certain drainage problems which exist in the said subdivision which is located on the west side of Merriman Road between Scone and Grennada Streets, the Council does hereby request the Wayne County Road Commission to provide the necessary outlet into existing Merriman Road drainage so as to help remedy the said Subdivision's storm drainage problems, and the City Engineer is hereby requested to provide the Wayne County Road Commission with such informa- tion as may be necessary in order for them to give proper consideration to this request. A roll call vote was taken on the foregoing resolution with the following result : AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS. None. By Councilman Raymond, seconded by Councilman Kleinert, it was #712-69 RESOLVED, that having considered a communication from the Department of Law dated May 22, 1969 with respect to the Lyndon Avenue widening project at Fairway Drive, the Council does hereby authorize the expenditure of a sum not to exceed $3,022.16 from the $9,800,000 General Obligation Street Improvement Bond Issue as payment in connection with Special Assessment District No. 71 as the same is applicable to Tax Parcel 20J1 located in the S.E. 1/4 of Section 20, City of Livonia; and the City Treasurer and the City Clerk are hereby requested to do all things necessary and incidental to fulfill the purpose of this resolution. 10609 L A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was #713-69 RESOLVED, that having considered a communication from the Department of Law dated June 2, 1969 with regard to the acquisition of a 20-foot easement in connection with the storm sewer project for Fairfield and Brookfield Avenues, south of Five Mile Road, with regard to Parcel 22GG14a, the Council does hereby authorize the Department of Law to acquire the subject easement from the owner or owners of the same for the sum of $1,000.00, and for this purpose the Council does hereby authorize an expenditure of the sum of $1,000.00 from the proceeds of the Special Assessment District No. 45 as well as the sum of $35.00 for the purchase of a title insurance policy in this regard; further, all prior resolutions with respect to this matter are hereby revised, changed, or amended, so as to conform with the action taken herein; and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• LAYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #714-69 RESOLVED, that having considered a communication from the Biltmore and Meadowview Estates Civic Association, dated May 22, 1969, with respect to the matter of providing public access to Ford Field, Frost Junior High School, and the YMCA, for children residing in Sections 20 and 21, without using Five Mile Road or Schoolcraft Road, the Council does hereby refer this matter to the City Engineer for his report and recommendation, the same to include an estimate of the cost that would be involved in implementing such recommendation. By Councilman Kleinert, seconded by Councilman Raymond, it was #715-69 RESOLVED, that having considered a communication from the City Engineer and the Police Department Traffic Officer dated June 3, 1969, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the necessity of constructing an additional right turn lane at the northeast corner of Plymouth Road and Stark Road, L such lane to be approximately 250 feet in length, the Council does hereby authorize the Engineering Division to do all things necessary to incorpo- rate into the construction plan for paving Stark Road from Plymouth Road 10610 to Schoolcraft Road the said additional right turn lane the estimated cost of which is in the amount of $4,000.00, and for this purpose the Council does hereby authorize the expenditure of a sum not to exceed $4,000.00 from the $9,800,000 General Obligation Street Improvement Bond Issue; further, the Council does hereby request the Michigan Department of State Highways to participate in the cost of constructing this additional lane on Plymouth Road. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #716-69 RESOLVED, that having considered a communication from Joseph B. Monaco dated June 5, 1969, and having also considered his presentation, given at the study session of the Council conducted on June 18, 1969, relative to the development of Mr. Monaco's property which is located on the east side of Farmington Road immediately south of the Civic Center, the Council does hereby request the City Planning Commission to conduct the necessary Public Hearings on its own motion for the purpose of there- after submitting a report and recommendation to the City Council, in accordance with the provisions which are set forth in Article XXIII of the Zoning Ordinance, as amended, in order to implement the zoning changes required and which have been suggested at this time by Mr. Monaco. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #717-69 RESOLVED, that having considered a communication dated June 11, 1969 from Burton-Share, Inc., 26711 Woodward Avenue, Huntington Woods, Michigan, in behalf of Ply-Van Corporation, an affiliate of said company, which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on June 10, 1969 by the City Planning Commission in its resolution No. 6-86-69 with regard to Petition No. 69-5-2-12 submitted by L. S. Burton of Ply-Van Corporation requesting permission to construct a gasoline service station as a waiver use on property zoned C-2 and located on the northwest corner of Plymouth Road and Levan Road in Section 29, the Council does hereby designate Wednesday, at 7:00 p.m., September 10, 1969, as the time and date for a public hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as weJl as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. 10611 By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #718-69 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. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #719-69 RESOLVED, that the Council remove from the table the matter of the final payment of the balance due on a contract between the City of Livonia and the Hydon-Brand Company relative to the Henry Ford Centennial Park floodlighting of Ball Diamond No. 3. The Vice President then directed the City Clerk to proceed with the roll call vote on the resolution having been introduced by Councilman Nash and supported by Councilman Ventura on June 18, 1969, which resolution reads as follows . #720-69 RESOLVED, that having considered the report and recommendation of the City Engineer and the Asst. City Engineer dated May 22, 1969 approved by the Supt. of Parks and Recreation and the Director of Public Works and approved for submission by the Mayor, to which is attached a final construction estimate dated May 22, 1969, the Council does hereby authorize final payment in the amount of $2,058.80 to Hydon-Brand Company, 5330 East Davison, Detroit, Michigan, 48212, which sum includes the full and complete balance due on a contract dated October 2, 1968 in the amount of $20,588.00 in connection with the Henry Ford Centennial Park Ball Diamond No. 3 Floodlighting Project, it appearing from the afore- mentioned report that all work on the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed, and the City Clerk and 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: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was #721-69 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act, (M.S.A. Section 5.2934), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, August 6, 1969 at 7.00 p.m. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to: 10612 Petition No. 69-4-1-14 submitted by attorney John F. Dooley for William V. Titus and John Giacobozzi for a change of zoning of property located on the southeast corner of Paderewski and Five Mile Road in Section 24, from R-1 to C-2, the City Planning Commission having in its resolution #6-95-69 recommended to the City Council that Petition No. 69-4-1-14 be approved; further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing cause to have a statement, indicating the nature and location of the proposed change of zoning as set forth above, first to be published in the official news- paper of the City or a newspaper of general circulation in the City of Livonia, as well as to not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and the City Clerk is requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Nash, it was #722-69 RESOLVED, that having considered a communication from the Depart- ment of Law, dated June 18, 1969, approved for submission by the Mayor, with respect to a judgment rendered against the City of Livonia in the amount of $10,430.96, the Department of Law is hereby authorized to settle and satisfy the same by the payment of $10,430.96 to the Mather Supply Company in consideration of the said plaintiff waiving any and all interest that has accrued or may accrue on the said judgment as well as such court costs as he may have incurred in these premises; further, the Council does hereby transfer the sum of $10,430.96 from the Reserve for Contingencies Account to a Special Judgment Account within the General Fund, to be created for this purpose, and the City Clerk and City Treasur- er are hereby requested to do all things necessary or incidental to carry out the purpose and intent of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was #723-69 RESOLVED, that having considered the request of the Binder and Lark Building Company, 25245 Five Mile Road, Detroit, Michigan, contained in its letter of June 19, 1969, with respect to the re-affirmation of the final plat approval of Binder & Lark Estates Subdivision (council resolution #297-69 as amended by council resolution #426-69), the Council does hereby re-affirm its prior approval of said plat, to meet the requirements of the Subdivision Control Act of 1967. 10613 By Councilman Nash, seconded by CouncilmanVentura, it was #724-69 RESOLVED, that having considered a communication from the Chief Building Inspector and the Director of Public Works, dated June 5, 1969, approved for submission by the Mayor, wherein a request is made for an appropriation of funds necessary to purchase an IBM typewriter for the Clerk-Secretary of the Bureau of Inspection, the Council does hereby authorize the transfer of the sum of $40.00 from the Travel and Education Acct. #219-29 to Capital Outlay Acct. #219-70C and does further approve the use of the Capital Outlay Acct. #219-7OC in the amount of $426.00 for the purpose of purchasing an IBM typewriter in lieu of the Air Quality Control Equipment and Desk Calculator; and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, and unanimously adopted, it was #725-69 RESOLVED, that having considered a letter dated June 25, 1969 from Mr. Kenneth R. Warren, Acres Development Company, 36888 Van Born Road, Wayne, Michigan 48184, with respect to the possible purchase by the City of two parcels of land known as Parcel Number 1OKK1 (77.98 acres) and Parcel Number lOR (26.74 acres), the Council does hereby refer this matter to the Department of Law and the Parks and Recreation Commission for their respective reports and recommendations. By Councilman Milligan, seconded by Councilman Ventura, it was #726-69 RESOLVED, that having considered a communication from the City Engineer and Assistant City Engineer, dated June 25, 1969, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the necessity of immediately providing a storm drainage outlet on Henry Ruff Road in order to proceed with the Five Mile Road paving project in 1969 from Inkster Road to Merriman Road, the Council does hereby determine as follows : 1. The Wayne County Road Commission is requested to install the necessary section of storm sewer on Henry Ruff Road from Five Mile Road northerly to Rayburn Avenue along the east side of Riley Junior High School property, which proposed construction is approximately 1050 lineal feet of 36 inch storm sewer, the estimated cost of which is $30,000.00, such work to be done as part of the Five Mile Road paving project, with the understanding that the cost of this sewer work will be at City of Livonia expense; and 10614 2. The Council does hereby authorize an advance not to exceed $30,000.00 from the $9,800,000.00 General Obligation Street and Road Improvement Bond Issue for the purpose of doing the sewer work herein referred to, and 3. The Drainage Board for Livonia Drain #6 Extension and Branches is hereby requested to approve having the said section of storm sewer work constructed by the Wayne County Road Commission in advance of work commencing on the overall drain project, and that at such time as bonds for the proposed drain project have been sold that the City of Livonia, and more particularly the $9,800,000.00 General Obligation Street and Road Improvement Bond Issue, will be reimbursed to the extent that monies herein authorized with respect to this project are expended, and the Director of Public Works, the City Clerk and City Treasurer are herein requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #727-69 RESOLVED, that before determining to install sidewalks on both sides of Five Mile Road from Inkster Road to Middlebelt Road in the City of Livonia, 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, 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 3.03 of Ordinance No. 401, as amended. By Councilman Ventura, seconded by Councilman Milligan, it was #728-69 RESOLVED, that the Council does hereby determine to authorize and request the City Clerk to make application to the Detroit Edison Company, on forms provided by such company, for the installation of street lights on Five Mile Road between Inkster Road and Merriman Road (ornamental poles with underground wiring), it being the determination of the Council that such lighting is needed to protect the public safety of the residents of this community; further, the Council does hereby authorize and request the City Engineer to do all things necessary in connection with the installation of said street lighting improvement. 10615 A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #729-69 RESOLVED, that the Council does hereby request the City Planning Commission to prepare a parking study and analysis of the status of offstreet parking in the area on Five Mile Road between Inkster Road and Merriman Road, both present as well as that which would result after the improvement of Five Mile Road in this area, as the same relates to both commercially zoned and professionally zoned property. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Milligan, Ventura, Raymond and McCann. NAYS: Kleinert. The Vice-President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Ventura, and unanimously Ladopted, it was #730-69 RESOLVED, that having considered a letter from the Director of Public Safety, dated June 24, 1969, approved for submission by the Mayor, with respect to the Police Division, City of Livonia, entering into a mutual aid pact with the Western Wayne County Communities, the Council does hereby refer this matter to the Committee of the Whole. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, this 654th regular meeting of the Council was duly adjourned at 10:55 P. M. June 25, 1969. 4 ADDISON W. BACON, C 'Cl- k.