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HomeMy WebLinkAboutCOUNCIL MINUTES 1968-11-20 10042 IL MINUTES OF THE SIX HUNDRED THIRTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 20, 1968, 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 8.47 P. M. . Councilman Nash delivered the invocation. Roll was called with the following result: Present--Edward H. McNamara, Rudolf R. Kleinert, Peter A. Ventura, Jerry Raymond, Robert E. McCann, Robert F. Nash and Edward G. Milligan. Absent--None. Elected and appointed officials present Addison W. Bacon, City Clerk, Steve Polgar, City Attorney, Harry C. Tatigian, Chief Assistant City Attorney; Robert A. Shaw, Director of Public Works; William J. Strasser, City Engineer, Ed Siemert, Assistant City Engineer, James Jordan, Police Chief; Marie Talbot, Court Iii Clerk, Henry Sieferd, City Assessor; John T. Dufour, Superintendent of Parks and Recreation; Dan Andrew, Industrial Coordinator, Don Hull, City Planner; James Miller; Personnel Director, Victor C. Phillips, Budget Director, Thomas Griffiths, Jr., Chief Accountant; and Raymond Tent of the Planning Commission. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #1272-68 RESOLVED, that the minutes of the 629th regular meeting of the Council of the City of Livonia, held November 13, 1968, are hereby approved. By Councilman Raymond, seconded by Councilman Kleinert, it was #1273-68 RESOLVED, that having considered a letter dated November 20, 1968 from the Director of Public Works and the Department of Law with regard to a "statement of intention to prove damages" in the United States District Court for the Eastern District of Pennsylvania in certain litiga- tion commonly referred to as "copper piping antitrust," as well as retaining the services of Mr. David Berger of the law firm of Cohen, Shapiro, Berger, Polisher and Cohen, Twenty-Second Floor, Philadelphia Saving Fund Building, L Philadelphia, Pennsylvania 19107, the Council does hereby authorize the retention of the aforesaid law firm in the subject litigation as special legal counsel in behalf of the City of Livonia, Michigan, in the said class 10043 action and does approve the Fee Agreement to be entered into with Mr. Berger in this regard, and the Mayor and City Clerk are herein author- ized to execute said Agreement on behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full performance of this resolution, further, the Department of Law, the Department of Public Works, the office of the City Clerk, the Budget Director, and such other departments as may have information or could provide assistance with respect to this matter are hereby requested to do so, further, the Department of Law is hereby requested to execute the subject "statement of intention" and to have the same expeditiously filed with the Clerk of the United States District Court for the Eastern District of Pennsylvania, P. 0. Box 989, Philadelphia, Pennsylvania 19105. A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS. None. By Councilman Milligan, seconded by Councilman Ventura, it was RESOLVED, that having considered the letter from the Mayor dated November 20, 1968 relative to the appointment of Joel LaBo, 31679 Curtis, Livonia, Michigan, as a member of the City Planning Commission to fill the unexpired term of Myra Chandler, which term will expire on June 9, 1970, L. the Council does hereby refer the same to the next study session of the Council to be held November 27, 1968; further, the Council does hereby request that Mr. LaBo be present at such meeting. By Councilman Raymond, seconded by Councilman Kleinert, it was RESOLVED, that a substitute resolution is hereby offered so as to approve the appointment of Mr. LaBo to the Planning Commission. By Councilman Ventura, seconded by Councilman McNamara, it was #1274-68 RESOLVED, that having considered the letter from the Mayor, dated November 20, 1968 relative to the appointment of Joel LaBo, 31679 Curtis, Livonia, Michigan, as a member of the City Planning Commission to fill the unexpired term of Myra Chandler, which term will expire on June 9, 1970, the Council does hereby refer the same to the next study session of the Council to be held November 27, 1968; further, the Council does hereby request that Mr. LaBo be present at such meeting. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Nash, Milligan, Ventura and McNamara. NAYS: Kleinert and Raymond. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Nash, it was 10044 #1275-68 RESOLVED, that having considered the letter from the Mayor, dated November 20, 1968 relative to the appointment of Frank Santo, 33717 Six Mile Road, Livonia, Michigan, as a member of the City Planning Commis- sion to fill the unexpired term of Donald Pollock, which term will expire on June 9, 1970, the Council does hereby refer the same to the next study session of the Council to be held November 27, 1968; further, the Council does hereby request that Mr. Santo be present at such meeting. A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Nash, Milligan, Ventura, Raymond and McNamara. NAYS. Kleinert. The President declared the resolution adopted. The following resolution was unanimously introduced, supported and adopted #1276-68 RESOLVED, that having considered a letter from Mr. George W. Valentine, Pastor of the Livonia Seventh-Day Adventist Church, 15956 Middlebelt, Livonia, Michigan, dated November 18, 1968, regarding the solicitations which will take place commencing on December 2, 1968 through December 25, 1968, in connection with the 65th Annual World Service Appeal! the Council does hereby refer the matter of registration, in accordance with the provisions of Ordinance No. 12, as amended, to the City Clerk; and further, the Council does hereby grant permission to the Livonia Seventh-day Adventist Church to operate not to exceed six (6) sound units during the aforesaid period in bringing Christmas carol music, which permission is granted in accordance with the provisions of Ordinance No. 549, as amended. The communication from the Mayor, dated November 20, 1968, relative to council resolution #1227-68 with respect to the reported traffic problem existing on Lyndon Avenue west of Fairway Drive, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Raymond, it was #1277-68 RESOLVED, that having considered a communication from the Municipal Judge dated October 9, 1968, wherein the Municipal Judge does nominate Mrs. Mary Sawka to fill the position of Deputy Clerk of the Municipal Court, the Council does hereby determine, pursuant to Section 7(b) of Ordinance No. 327, as amended, to appoint Mrs. Mary Sawka as Deputy Clerk in the manner indicated, such appointment to be retroactive to and effective commencing from October 2, 1968, at an annual salary in the amount of $6500.00. A roll call vote was taken on the foregoing resolution with the following result• AYES• McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS : None. 10045 Councilman Kleinert introduced the following Ordinance . AN ORDINANCE AMENDING SECTION 4.13 OF ARTICLE IV OF ORDINANCE NO. 549, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "TRAFFIC ORDINANCE." The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. The letter from the Department of Public Safety relative to the above proposed amendment to Ordinance 549, as submitted by the Law Department, was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Nash, it was #1278-68 RESOLVED, that having considered a communication from the Personnel Director dated October 17, 1968, which transmits a resolution adopted by the Civil Service Commission on October 15, 1968, wherein it is recommended that the Council authorize the execution of a proposed agree- ment between the City of Livonia and the Livonia Municipal Confidential Secretaries' Association for the period from December 1, 1967, through November 30, 1968, and wherein the communication does recommend that the Council concur in adopting the necessary amendments to the Compensation Plan to effectuate the provisions set forth in the said agreement, and also having considered communications from Mr. Thomas White of Metropolitan Council No. 23, AFSC&ME, dated October 23, 1968 and November 18, 1968, the Council does hereby approve and concur in the action taken by the Civil Service Commission and does hereby authorize the Mayor and City Clerk on behalf of the City of Livonia to execute the proposed agreement with the Livonia Municipal Confidential Secretaries' Association, as well as do all other things necessary or incidental to the full performance of this resolution, further, the Council does hereby concur in and approve of the necessary amendments to the Compensation Plan and does hereby transfer the sum of $3600.00 from the Reserve for Contingencies to the following accounts in the following amounts. Acct. 107 - Mayor's Office $200.00 Acct. 129 - City Clerk's Office $200.00 Acct. 139 - Budget-Purchasing $200.00 Acct. 141 - Treasurer's Office $200.00 Acct. 146 - Department of Law $600.00 Acct. 157 - City Planning Commission $200.00 Acct. 159 - Civil Service $200.00 Acct. 163 - Library $200.00 Acct. 166 - Civil Defense $200.00 10046 L Acct. 170 - Industrial Development $200.00 Acct. 173 - Director of Public Safety $200.00 Acct. 195 - Fire Department $200.00 Acct. 217 - Director of Public Works $200.00 Acct. 235 - Operations Division $200.00 Acct. 255 - Engineering Division $200.00 Acct. 309 - Recreation Division $200.00 and further, the budget of the Water Department of the Water and Sewer Division is hereby amended to include the sum of $200.00 for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES : McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS : None. By Councilman Nash, seconded by Councilman McCann, it was #1279-68 RESOLVED, that having considered a communication from the Water and Sewer Board dated October 18, 1968, approved for submission by the Mayor, which transmits its resolution #WS 1135 10/68, wherein the Board concurs with the recommendation made by the Superintendent of Operations, Director of Public Works and the Budget Director dated September 17, 196$ Lattached thereto, the Council does hereby accept the bid of O'Brien Manufacturing Co., Inc., 5623-50 North West Highway, Chicago, Illinois 60646, for supplying the City with one (1) Sewerking Water Jet sewer cleaner and truck at a cost of $13,900.00, the same having been in fact the lowest bid meeting specifications received for this item. A roll call vote was taken on the foregoing resolution with the following result. AYES : McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS None. By Councilman Nash, seconded by Councilman McCann, it was #1280-68 RESOLVED, that having considered a communication from the City Engineer dated October 16, 1968, approved by the Director of Public Works and approved for submission by the Mayor, with respect to proposed pedestrian bridges, walkways and sidewalks at scattered locations through- out the City which have been recommended by the City Engineer as well as Mr. Bedell of the Board of Education as a result of a meeting conducted on September 19, 1968 by the Board of Education and the School Committee of the Council, the Council does hereby refer the same to the Streets, Roads and Plats Committee of the Council for its report and recommendation. L A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. 10047 By Councilman Kleinert, seconded by Councilman Nash, it was #1281-68 RESOLVED, that having considered the communication from Mr. L.R. Laruwe, Principal of the Botsford School, dated October 28, 1968, to which is attached a letter from Mr. Floyd A. Bolmnn dated October 14, 1968, wherein it is suggested that a sidewalk be constructed across property owned by Mr. Bolman from Angling Road to Deering for the purpose of pro- viding an access to the Botsford School in this area, the Council does hereby refer this matter to the Engineering Division for its report and recommendation relative to the cost involved in the construction of the subject sidewalk (blacktop or concrete) across the subject property, and further, the Engineering Division and the Department of Law are hereby requested to contact Mr. Bolman for the purpose of ascertaining the possibility of obtaining an easement for sidewalk purposes in this regard and thereafter submit a report to the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #1282-68 RESOLVED, that having considered the communication from Mr. L.R. Laruwe, Principal of the Botsford School, dated October 28, 1968, to which is attached a letter from Mr. Floyd A. Bolman dated October 14, 1968, relative to the need for providing a crosswalk across certain property owned by Mr. Bolman and located at the intersection of Angling and Deering, the Council does hereby refer this matter to the Parks and Recreation Commission relative to the desirability of obtaining the subject Bolman property for park purposes. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS : None. The communication from the Birchwood Farms Civic Association and Beatrice Gardens Subdivision, transmitting therewith a petition from residents, with respect to traffic signs at certain locations on Levan Road, was received and filed for the information of the Council. The communication from Mr. Russell J. Wallace, which submitted a petition with respect to grade level of lots on west side of Merriman Road, was received and filed for the information of the Council. 10048 The communication from Alfred D. Young relative to the maintenance of the right-of-way on Six Mile Road, was received and filed for the information of the Council. The 'ommunication dated October 9, 1968 from the City Planning Commission, which transmits its "Merriman & Eight Mile Residential Pilot Project," was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Raymond, it was #1283-68 RESOLVED, that the proposed amendment to the Zoning Ordinance, Petition No. 68-2-6-3, wherein Section 4.10 was to be repealed as well as Section 18.06, is hereby referred to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Nash, Milligan, Ventura and Raymond. NAYS : Kleinert and McNamara. The President declared the resolution adopted. The following resolution was unanimously introduced, supported and adopted: #1284-68 RESOLVED, that having considered a letter from the Livonia Jaycees dated October 16, 1968, with respect to the submission of a bid by the Livonia Jaycees for hosting the Michigan Jaycees State Golf Outing tentatively scheduled for September 14, 1969, the Council does hereby determine that in the event the bid of the Livonia Jaycees is accepted in this regard, they shall have the exclusive use of the Whispering Willows Municipal Golf Course on September 14, 1969 at a fee to be charged in the amount of $1.00 per round of golf, and the Parks and Recreation Commission, the Superintendent of Parks and Recreation, the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Kleinert, it was #1285-68 RESOLVED, that having considered a communication from the Personnel Director dated October 17, 1968, approved by the Budget Director, which transmits a resolution adopted by the Civil Service Commission on October 1, 1968, wherein it is recommended that the classification of Probation Officer (part-time) be established with the following salary range: Step 3 Step 4 Step 5 Minimum Maximum $3.28/hr. $3.40/hr. $3.52/hr. 10049 and further that the hourly rate represents full compensation for all services rendered with no compensation or benefits to be received except that employees who have been continuously employed for at least 480 scheduled hours prior to a recognized legal holiday shall be eligible for holiday pay, and provided further that advancement between steps shall be after completion of 2080 scheduled hours, the Council does hereby determine to approve of and concur in such action to become effective and commencing from December 1, 1968. A roll call vote was taken on the foregoing resolution with the following result• AYES : McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. The item on the agenda relative to methods of financing Low Income Senior Housing Project will be considered at the next study session of the Council to be held November 27, 1968. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #1286-68 RESOLVED, that having considered a communication from Raymond and Jo Anne Slepski dated October 29, 1968, wherein it is requested that the East 420 feet of Lot 92 of Supervisor's Livonia Plat No. 2 be split into seven parcels, the Council does hereby determine to deny and reject this request on the basis that the same would be in violation of the provisions of the Subdivision Control Act of 1967. By Councilman Nash, seconded by Councilman McCann, it was #1287-68 RESOLVED, that having considered the report and recommendation dated October 17, 1968, from the Assistant City Engineer, approved by the Director of Public Works, Superintendent of Parks and Recreation and the City Engineer, and approved for submission by the Mayor, and the attached final construction .estimate dated October 17, 1968, the Council does hereby authorize final payment in the amount of $14,703.50 to the J.D. Armstrong Landscape Company, 37328 Utica Road, Fraser, Michigan, which sum includes the full and complete balance due on a contract dated January 11, 1967 in the amount of $159,345.00 and also an amount of $13,895.54 for additional work performed by the aforesaid company in connection with the construction of the 2nd Nine Holes at the Whispering Willows Municipal Golf Course, it being the understanding of the Council that all work under said contract has been completed in accordance with the City's standards and specifica- tions, and that the contractor has filed his declaration that there is no money owing for any labor or material in connection with the work performed under the said contract, and that the landscape architect, Mr. Mark Devries, 10050 by a letter dated September 19, 1968, has indicated that the contractor has fully executed the terms of his contract, further, the sum of $500.00 shall be deducted from the final payment herein authorized to be held in escrow by the City Clerk to insure the catch of some seeding and sodding which has recently been completed, such sum to be released to the said J. D. Armstrong Landscape Company, upon certification by the City Engineer after a follow-up inspection to be conducted in June, 1969; and further, the Council does hereby authorize the expenditure of an additional sum of $13,895.54 from the $4,400,000.00 General Obligation Parks and Recreational Facilities Bond Issue approved at the election of April 4, 1966, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES : McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was RESOLVED, that having considered the report and recommendation dated June 18, 1968, from the City Planning Commission which sets forth its resolution #5-59-68 in regard to Petition No. 68-4-1-12 submitted by Schostak Brothers and Company, Inc., for a change of zoning on property located north of Seven Mile Road, west of Farmington Road, in the Southeast 1/4 of Section 4, from RUFA to ML, and the Council having conducted a public hearing with regard to this matter on October 7, 1968, the Council does hereby reject the recommendation of the City Planning Commission and the said Petition 68-4-1-12 is hereby denied for the reason that this extension of Industrial district into the principally residential area would in effect destroy the continuity of this last quadrant of the City. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that the Council does hereby determine to table the decision on Petition No. 68-4-1-12 until such time as the Council has had an opportunity to meet with the City Planning Commission and the petitioner. A roll call vote was taken on the tabling resolution with the following result AYES: Milligan, Ventura, and Raymond. NAYS: McCann, Nash, Kleinert and McNamara. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman Milligan, it was #1288-68 RESOLVED, that having considered the report and recommendation dated June 18, 1968, from the City Planning Commission which sets forth its resolution #5-59-68 in regard to Petition No. 68-4-1-12 submitted by Schostak Brothers and Company, Inc. , for a change of zoning on property located north of Seven Mile Road,west of Farmington Road, in the South- east 1/4 of Section 4, from RUFA to ML, and the Council having conducted a public hearing with regard to this matter on October 7, 1968, the Council does hereby determine to refer this matter to the Capital Improvement Committee for their report, such report to be submitted not later than the first meeting of the Council in February of 1969. 10051 A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, Ventura, Raymond and McNamara. NAYS: McCann, Nash and Kleinert. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman McCann, it was #1289-68 RESOLVED, that having considered the report and recommendation dated January 31, 1968, as well as a communication dated July 10, 1968, from the City Planning Commission which transmits its resolution #1-2-68 in regard to Petition No. 67-12-1-40 submitted by Alice M. Schmidt for a change of zoning on property located on the south side of Plymouth Road, west of Alois in the Southwest 1/4 of Section 30 from RUF to R-7, and the Council having conducted a public hearing with regard to this matter on October 14, 1968, pursuant to council resolution #925-68, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 67-12-1-40 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 No. 543 in accordance with this resolution. IL8 A rollcall vote was taken on the foregoing resolution with the following result AYES: McCann, Nash, Milligan, Kleinert and Raymond. NAYS: Ventura and McNamara. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Kleinert, it was RESOLVED, that having considered the report and recommendation dated August 28, 1968, from the City Planning Commission which sets forth its resolution #8-83-68 in regard to Petition No. 68-7-1-26 submitted by Jack N. Tucker and Morris Friedman for a change of zoning on property located on the north side of Schoolcraft Road, east of Yale in the South- west 1/4 of Section 21 from R-2 to PS, and the Council having conducted a public hearing with regard to this matter on October 21, 1968, pursuant to council resolution #1074-68, and the Council having considered a petition dated November 11, 1968 from the Greenbriar Meadows - Sunnyside Estates Civic Association, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition 68-7-1-26 is hereby denied for reasons similar to those set forth in the action taken by the Planning Commission. By Councilman Raymond, seconded by Councilman Milligan, it was 10052 #1290-68 RESOLVED, that having considered the report and recommendation dated August 28, 1968, from the City Planning Commission which sets forth its resolution #8-83-68 in regard to Petition No. 68-7-1-26 submitted by Jack N. Tucker and Morris Friedman for a change of zoning on property located on the north side of Schoolcraft Road, east of Yale in the South- west 1/4 of Section 21 from R-2 to PS, and the Council having conducted a public hearing with regard to this matter on October 21, 1968, pursuant to council resolution #1074-68, and the Council having considered a petition dated November 11, 1968 from the Greenbriar Meadows - Sunnyside Estates Civic Association, the Council does hereby determine to table this matter until Mr. Dooley, attorney for petitioner, and the interested Civic Associations report to this Council as to their recommendation with respect to the same. A roll call vote was taken on the foregoing resolution with the following result: AYES• Nash, Milligan, Ventura, Raymond and McNamara. NAYS: McCann and Kleinert. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Ventura, it was #1291-68 RESOLVED, that having considered the report and recommendation dated August 19, 1968, from the City Planning Commission which sets forth its resolution #7-68-68 in regard to Petition No. 68-5-1-18 submitted by John Carlesimo of Carlesimo Concrete Products, Inc. for a change of zoning on property located on the southwest corner of Eight Mile Road and Beatrice in the Northeast 1/4 of Section 2 from M-1 to P, and the Council having conducted a public hearing with regard to this matter on October 21, 1968, pursuant to council resolution #1074-68, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition 68-5-1-18 is hereby denied for reasons similar to those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was #1292-68 RESOLVED, that having considered the report and recommendation dated August 29, 1968, from the City Planning Commission which sets forth its resolution #8-86-68 in regard to Petition No. 68-7-1-27 submitted by the City Planning Commission on its own motion for a change of zoning on property located on the north side of Five Mile Road, east of Eckles Road in Section 18 from R-3-B to R-E, and the Council having conducted a public lbw hearing with regard to this matter on October 21, 1968, pursuant to council resolution #1055-68, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition 68-7-1-27 is hereby approved and granted, and the City Planner is hereby instructed to cause iOO5.3 L 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 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result . AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #1293-68 RESOLVED, that having considered the report and recommendation dated April 19, 1968, from the City Planning Commission which transmits its resolution #3-36-68 in connection with Petition No. 68-1-6-2 submittea by the City Planning Commission regarding a proposed amendment to Section 18.36 of Ordinance No. 543, as amended, the Zoning Ordinance, which would purport to provide more adequate provisions for off-street loading facilities, and the Council having conducted a public hearing with regard to this matter on October 28, 1968, pursuant to council resolution #1099-68, the Council does hereby concur with the recommendation of the City Planning Commission and Petition 68-1-6-2 is hereby approved and L granted; and the Department of Law is hereby requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that having considered the report and recommendation Gated April 19, 1968, from the City Planning Commission which transmits its resolution #3-36-68 in connection with Petition No. 68-1-6-2 submitted by the City Planning Commission regarding a proposed amendment to Section 18.36 of Ordinance No. 543, as amended, the Zoning Ordinance, which would purport to provide more adequate provisions for off-street loading facilities, and the Council having conducted a public hearing with regard to this matter on October 28, 1968, pursuant to council resolution #1099-6b, the Council does hereby refer this matter to the Legislative Committee for further study and recommendation. A roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, Ventura and Raymond. NAYS: McCann, Nash, Kleinert and McNamara. The President declared the resolution denied. A roll call vote was taken on the original resolution with the following result IL AYES: McCann, Nash, Kleinert, Raymond and McNamara. NAYS: Milligan and Ventura. The President declared the resolution adopted. 10054 By Councilman Nash, seconded by Councilman Kleinert, it was #1294-68 RESOLVED, that having considered the report and recommendation dated August 19, 1968, from the City Planning Commission which sets forth its resolution #7-74-68 in regard to Petition #68-2-6-3 submitted by the City Planning Commission on its own motion, which would purport to amend Sections 4.05 and 4.06 of Ordinance No. 543, the Zoning Ordinance (Minimum Front and Rear Yard Requirements in R-1 thru R-5 Districts, and Minimum Side Yard Requirements), and the Council having conducted a public hearing on October 28, 1968, pursuant to council resolution #1091-68, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition 68-2-6-3 is hereby approved and granted, and the Department of Law is hereby requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. At 10 00 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 Nash, seconded by Councilman McCann, it was RESOLVED, that having considered the report and recommendation dated August 19, 1968, from the City Planning Commission which sets forth its resolution #7-73-68 in regard to Petition #68-6-6-4 submitted by the City Planning Commission, pursuant to council resolution #689-68, for an amendment to Section 11.03(h) of Ordinance No. 543, as amended, the Zoning Ordinance, so as to provide for a reduction from 1,000 feet to 500 feet between Class "C" liquor licensed establishments in certain instances, and the Council having conducted a public hearing with regard to this matter on October 21, 1968, pursuant to council resolution #1074-68, the Council does hereby reject the recommendation of the City Planning Commission and the said Petition 68-6-6-4 is hereby approved and granted; and the Depart- ment of Law is hereby requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. By Councilman Ventura, seconded by Councilman Raymond, it was #1295-68 RESOLVED, that having considered the report and recommendation dated August 19, 1968, from the City Planning Commission which sets forth its resolution #7-73-68 in regard to Petition #68-6-6-4 submitted by the City Planning Commission pursuant to council resolution #689-68, for an amendment to Section 11.03(h) of Ordinance No. 543, as amended, the Zoning Ordinance, so as to provide for a reduction from 1,000 feet to 500 feet between Class "C" liquor licensed establishments in certain instances, and the Council having conducted a public hearing with regard to this matter on October 21, 1968, pursuant to council resolution #1074-68, the Council does hereby refer this matter to the Legislative Committee for further study. 10055 A roll call vote was taken on the foregoing resolution with the following result: AYES • McCann, Nash, Milligan, Ventura, Raymond and McNamara. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Nash, it was #1296-68 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 64, for the installation of paving and drainage on a proposed north-south industrial road (Westmore Avenue) and on an east-west industrial road (Industrial Road) in the Northwest 1/4 of Section 27 in the 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 Monday, September 16, 1968 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 and drainage improvements to be constructed in Special Assessment District No. 64; 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 August 29, 1968 (revised), in the amount of $115,311.00, 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. 64 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 per cent (6%) per annum on the unpaid balance of the assessment from the date of confirma- tion. In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each install- ment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1969 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 requir- ed 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 the date of confirmation pay the whole or any part of the assessment with- out interest or penalty, 10056 (5) The first installment shall be spread upon the 1969 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 the date of confirmation and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (60) day period as provided by Section 6.04, or 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. A roll call vote was taken on the foregoing resolution with the following result AYES : McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #1297-68 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 65 for the installation of water mains for the proposed industrial development within the West 1/2 of the Northwest 1/4 of Section 27 in the 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 Monday, September 16, 1968, 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 water main improvements to be constructed in Special Assessment District No. 65; 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 August 29, 1968 ;revised), in the amount of $40,575.60, are fair and equitable and based upon benefits to be derived by construction of improvements in said district, in accord- ance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 65 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 per cent (6%) per annum on the unpaid balance of the assessment from the date of confirma- tion. In such cases where the installments till be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each install- ment shall be above and as near Ten Dollars ($10.00) as possible. 10057 The first installment shall be due and payable December 1, 1969, 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 the date of confirmation pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1969 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 the date of confirmation and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (60) day period as provided by Section 6.04, or 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. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS : None. By Councilman Kleinert, seconded by Councilman Nash, it was #1298-68 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 66, for the installation of paving improvements on Glendale Avenue from Farmington Road to a point approximately 1,260 feet east of Farmington Road in Section 27 in the 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 Monday, September 16, 1968, 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. 66; 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 May 20, 1968, in the amount of $50,947.52 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; 10058 (2) Said Special Assessment Roll No. 66 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 per cent (6%) per annum on the unpaid balance of the assessment from the date of confirma- tion. In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1969 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 the date of confirmation pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1969 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 the date of confirmation and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (60) day period as provided by Section 6.04, or 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 cost of the City's portion of the benefits derived by the City's Refuse Disposal Site in the amount of $10,189.50 (20%), the sum of $10,189.50 is hereby appropriated from the Municipal Refuse Disposal System Account to cover the City's cost of said installation. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS • None. By Councilman Milligan, seconded by Councilman Raymond, it was #1299-68 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 27, 1968, on all matters required by Section 3.03 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on October 21, 1968, after due notice as required by Section 3.04 of said ordinance, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.05 of said ordinance, 10059 (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of sidewalks along both sides of Farmington Road from Schoolcraft Road to Five Mile Road (such sidewalks to be five (5) feet in width in front of all residential property and six (6) feet in width in front of all commercial property), in the City of Livonia, Wayne County, Michigan, as described in said statement, and to 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 said improvement as set forth in said statement dated August 27, 1968, (4) determine that the estimated cost of such improvement is $44,861.48, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be in the amount of $5,000.00 and that the balance of the cost and expense of said public improvement amounting to $39,861.48 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in five (5) annual installments together with interest thereon in the amount of six per cent (6%) per annum on unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows That part of the East 1/2 of Section 21, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as consisting of Wayne County Bureau of Taxation parcel numbers 21A, B15, B5al, B561, 21B3a2,B3b,B4,B6b,B7bl, 21B2b,B3a1, 21B1,21CG, 12b2, 21D; 21E; 21F,G 12a2G12bla, 21I1, 21GG, and 21FF1; also Bureau of Taxation Parcel numbers 21G1-11, both inclusive, and Parcel 21G12al, Lots 21a1-58, both inclusive, Grennada Park Subdivision as recorded in Liber 52, Page 27, Wayne County Records, now Henry Ford Centennial Field, and Wayne County Bureau of Taxation Parcels numbers 21b36-57, both inclusive, and That part of the West 1/2 of Section 22, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as consisting of Wayne County Bureau of 10060 Taxation Parcel numbers 22Jlal, 22Ja2a, 22J2k2 to N2a22a590, 22N2b, 22P, 22Q1, 22X, also Parcel number 22c317-659a 708b-892, Grennada Park Sub- division No. 1 as recorded in Liber 54, Page 77, Wayne County Records, Lots 22p1-15, both inclusive, Kimberly Park Subdivision as recorded in Liber 85, Page 19; Lots 22s324-328, 22s339 as recorded in Liber 85, Page 82, also Lots 22d1-10, inclusive, Wolfe Gardens Subdivision as recorded in Liber 68, Page 87 of Wayne County Records, (9) that the City Assessor is hereby directed to prepare a special assess- ment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.07 of Ordinance No. 401, as amended, of the City of Livonia 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 required by Section 3.08 of the said ordinance. A roll call vote was taken on the foregoing resolution with the following result AYES : McCann, Nash, Milligan, Raymond and McNamara. NAYS : Kleinert and Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Kleinert, it was #1300-68 RESOLVED, that having considered a communication from the City Planning Commission dated November 13, 1968, submitting its resolution #11-143-68, wherein it is recommended that the final plat of Gold Manor Subdivision No. 2 located in the West 1/2 of Section 8 be approved, the preliminary plat of the said proposed Gold Manor Subdivision No. 2 having previously received the tentative approval of the City Planning Commission on December 12, 1967, in its resolution #12-173-67 and approved by the City Council on May 22, 1968 in council resolution #531-68, and the City Engin- eer in a report dated October 31, 1968, approved by the Director of Public Works and approved for submission by the Mayor, having indicated that the conditions upon which the preliminary plat was approved by the Council and the City Planning Commission have been complied with, the Council does hereby determine to grant its approval to the final plat of Gold Manor Subdivision No. 2 located in the West 1/2 of Section 8, City of Livonia, Wayne County, Michigan, as submitted by Gold Construction Company, as proprietors, the proprietors thereof being required to do all things necessary to obtain full compliance with the Plat Act of Michigan, as amend- ed, the Plat Ordinance of the City of Livonia, Ordinance No. 500, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. 10061 A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS : None. By Councilman Raymond, seconded by Councilman McCann, it was #1301-68 RESOLVED, that having considered a request from the Industrial Development Commission, dated October 23, 1968, approved by the Budget Director and approved for submission by the Mayor, for a transfer of certain funds in the Industrial Development Commission Budget, the Council does hereby authorize the transfer of the sum of $122.21 from Budget Account #170-23 (Publishing) to Budget Account #170-6 (Automobile Allowance). A roll call vote was taken on the foregoing resolution with the following result: AYES : McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. *The President relinquished the Chair to the Vice-President at 10.35 P. M. By Councilman Raymond, seconded by Councilman Milligan, it was #1302-68 RESOLVED, that the Council does hereby give notice that a resolution rescinding council resolution #799-68 for the purpose of substi- tuting, and if adopted, a resolution determining necessity for the improve- ment of Doris Avenue, from Five Mile Road to Puritan, by seal-coating same, to be financed by Special Assessment proceedings which shall be considered at the next study session to be held November 27, 1968 and thereafter is subsequently to be voted upon at the next regular meeting of the Council to be conducted on December 4, 1968. A roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, Ventura, Raymond and McCann. NAYS : Nash, Kleinert and McNamara. The Vice-President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Nash, it was #1303-68 RESOLVED, that the Council does hereby determine to transfer the sum of $740.00 from the Public Relations Account #102-22 to the Travel and Education Account #102-29 of the Council. A roll call vote was taken on the foregoing resolution with the following result 10062 AYES: McCann, Nash, Milligan, Ventura, Raymond and McNamara. NAYS. Kleinert. The *President resumed the Chair at 10.40 P. M. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, this 630th regular meeting of the Council of the City of Livonia was duly adjourned at 10:41 P. M., November 20, 1968. ADDISON W. BACON, E'�&r C rk.