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HomeMy WebLinkAboutCOUNCIL MINUTES 1968-05-06 9488 MINUTES OF THE ADJOURNED SIX HUNDRED FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 6, 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 7.37 P. M. . Roll was called with the following result Present-- Edward H. McNamara, Rudolf R. Kleinert, Jerry Raymond and Robert E. McCann. Absent-- Peter A. Ventura, Robert F. Nash (excused), and Edward G. Milligan. By Councilman McCann, seconded by Councilman Raymond, it was #441-68 RESOLVED, that having considered a communication from the Parks and Recreation Commission, dated March 29, 1968, approved by the Budget Director and approved for submission by the Mayor, and a communication from the Department of Law dated May 6, 1968, and which submits a proposed three year contract providing for the employment of a golf professional at the Whispering Willows Golf Course, to be entered into between the City of Livonia and Mr. Gary Whitener, 17205 Purlingbrook Avenue, Livonia, Michigan, the Council does hereby approve of the proposed Agreement on the basis of the terms and conditions provided therein, and subject to approval as to form by the Department of Law, and further, does hereby authorize the Mayor and City Clerk to affix their signatures to said Contract for and on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution, and further, the Council does hereby authorize an advance in the amount of $4000.00 from the $4,400,000.00 General Obligation Parks & Recreational Bond Issue for the purpose of compensating the said golf professional in accordance with the terms and conditions set forth in the aforesaid Agreement, such amount to be reim- bursed to the said Bond Issue from the proceeds and receipts which will subsequently be derived in the operation of the said Livonia Municipal Golf Course. A roll call vote was taken on the foregoing resolution with the following result- AYES: Kleinert, Raymond, McCann and McNamara. NAYS: None. On motion of Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, this adjourned 605th regular meeting of the Council of the City of Livonia was duly adjourned at 7:43 P. M., May 6, 1968. ADDISON W. BACON, Cl rk. 9489 L MINUTES OF THE SIX HUNDRED SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 8, 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 8:13 P. M.. Councilman Raymond 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 and Edward G. Milligan. Absent-- Robert F. Nash (excused). Elected and appointed officials present: Addison W. Bacon, City Clerk, Harry C. Tatigian, Chief Assistant City Attorney; David A. Perry, Assistant City Attorney; Donald Nicholson, Director of Public Safety; William J. Strasser, City Engineer; Dan Andrew, Industrial Coordinator; Frank Kerby, Chief Building Inspector, ILOJohn Dufour, Superintendent of Parks and Recreation; Carl Demek, Superintendent of Operations Division; Stanley Bien, Chief Librarian; Henry Sieferd, City Assessor, Ed Siemert, Assistant City Engineer; Victor C. Phillips, Budget Director, Raymond Danaher, Budget Analyst; Thomas J. Griffiths, Jr., Chief Accountant, C. Duane Roush, Library Commission; Ragnar I. Turnquist, Industrial Development Commission; John Nagy, Assistant City Planner; and Margin O. Moser of the Planning Commission. By Counc;zman Kleinert, seconded by Councilman Raymond, it was J.2-68 RESOLVED, that the minutes of the 605th regular meeting of the Council of the City of Livonia, held April 29, 1968, the adjourned 605th meeting held May 1, 1968, and the adjourned 605th meeting held May 6, 1968, are hereby approved. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, *Milligan, Kleinert, *Ventura and McNamara. NAYS: None. L *Councilmen Milligan and Ventura abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. 9490 The item on the agenda relative to a roll call vote on a proposed ordinance amending Ordinance 449, the Building Code Ordinance, which was introduced by Councilman Milligan, was removed from the agenda and will be discussed at the next study session of the Council, to be held May 15, 1968. By Councilman Kleinert, seconded by Councilman McCann, and unanimously adopted, it was #443-68 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 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 May 1, 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, (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installa- tion of paving and drainage on a proposed north-south ind. road (Westmore Avenue), and on east-west industrial road (Industrial Road) in Section 27 in the City of Livonia, 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 February 27, 1968; (4) determine that the estimated cost of such improvement is $108,201.60; (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 improve- ment to be borne and paid by the City shall be ---0.00--- and that the balance of said cost and expense of said public improvement amounting to $108,201.60 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 the assessments made for such improvement may be paid in ten annual installments together with interest thereon in the amount of six per cent (6%) per annum on unpaid balance; 9491 (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: That part of the N. W. 1/4 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the W. line of said section distant N. 0° 21' 10" E., 528.2 feet from the W. 1/4 corner of said section and proceeding thence along said W. line N. 0° 21' 10" E. 1123 feet to the north line of Bureau of Taxation Parcel 27D1b, thence Elly. along said line 1320 feet to the W. line of Bureau of Taxation Parcel 27 Dial, ala, A32c2; thence S'ly. along said W. line 1123 ft. to the S. W. corner of said parcel; thence N. 89° 35' 30" W. 1320 ft. to the point of beginning. (9) that the City Assessor is hereby directed to prepare a special assessment 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. By Councilman Kleinert, seconded by Councilman McCann, and unanimously adopted, it was #444-68 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 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 May 1, 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, (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installa- L tion of water mains for proposed industrial development within the West 1/2 of the Northwest 1/4 of Section 27 in the City of Livonia, 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; 9492 (3) approve the plans and specifications for said improvement as set forth in said statement dated February 27, 1968; (4) determine that the estimated cost of such improvement is $40,575.60; (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 improve- ment to be borne and paid by the City shall be ---0.00--- and that the balance of said cost and expense of said public improvement amounting to $40,575.60 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 ten 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 N. W. 1/4 of Section 27, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the W. line of said section distant N. 0°21'10" E., 528.2 feet from the W. 1/4 corner of said section and proceeding thence along said W. line N. 0°21'10" E. 1123 feet to the north line of Bureau of Taxation Parcel 27 Dib, thence E'ly. along said line 1320 feet to the W. line of Bureau of Taxation Parcel 27Dlal, ala, A32c2, thence S'ly. along said W. line 1123 ft. to the S.W. corner of said parcel; thence N. 89°35'30"W. 1320 ft. to the point of beginning. (9) that the City Assessor is hereby directed to prepare a special assessment 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, (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the pro- visions 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. 9493 By Councilman Kleinert, seconded by Councilman McCann, and unanimously adopted, it was #445.68 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 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 May 1, 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, (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the proposed installation of paving improvements on Glendale Avenue from Farmington Road to a point approximately 1260 feet east of Framington Road in Section 27 in the City of Livonia, 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 February 27, 1968; (4) determine that the estimated cost of such improvement is $50,947.52, (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 improve- ment to be borne and paid by the City shall be 20% and which is estimated to be in the amount of $10,189.50, and that the balance of said cost and expense of said public improvement amounting to 80% and which is estimated to be in the amount of $40,758.02 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 the assessments made for such improvement may be paid in ten 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: 9494 That part of the North 1/2 of Section 27, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the West line of Section 27, distant N. 0° 21' 10" E, 49.50 feet from the W. 1/4 corner of said section and proceeding thence N 0° 21' 10" E along said west line 1006.73 feet to the N. W. corner of Bureau of Taxation Parcel No. 27D1a2; thence easterly along the north line of said parcel 1320 feet to west line of Bureau of Taxation Parcel 27Dlal, ala, A32c2; thence N 0° 20' 30" E along said line 760 feet to the N. W. corner of said parcel; thence N 89° 35' 30" E along the north line of said parcel 1326.76 feet to the N & S 1/4 line of Section 27, thence S 0° 06' 20" W. along said line 50+.53 feet; thence S 89° 22' 10" E 143.01 feet, thence S 0°06'20" W 1279.71 feet to the north line of the Chesapeake & Ohio Railroad right-of-way; thence N 89° 12' 30" W along said line 2797.12 feet to the point of beginning. (9) that the City Assessor is hereby directed to prepare a special assessment 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 pro- visions 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. Opinion No. 68-6 dated April 10, 1968 from the Department of Law, submitted pursuant to council resolution #178-68, regarding the disposition of funds from recreation facilities, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #446-68 RESOLVED, that having considered a communication from the Depart- ment of Law, dated March 25, 1968, with regard to an appeal made by Sidney Spitz relative to his 1967 tax statement in connection with property owned by Mr. Spitz - Lot 1 of Alden Village Subdivision in the South 1/2 of Section 28, the Council does hereby take this means to advise Mr. Spitz that based upon the opinion of the Department of Law it would appear that the Council has no jurisdiction with respect to this matter and, according- ly, must decline to take action with respect to the same. 9495 Councilman Milligan introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 15.17 OF ARTICLE XV 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. By Councilman Raymond, seconded by Councilman Kleinert, and unanimously adopted, it was #447-68 RESOLVED, that having considered a communication from the Department of Law dated April 4, 1968, approved by the Mayor and the Director of Public Works with regard to the matter of "Environmental Defense Fund, Inc., vs. Michigan Department of Agriculture and Numerous Michigan Cities including City of Livonia - U.S. District Civil Action No. 5760," the Council does hereby authorize the Department of Law to enter into a stipulation of dismissal and discontinuance on the following terms: 1. That the City of Livonia would discontinue the use of DDT in the control of Dutch Elm disease, and 2. That in the event an adverse decision was rendered by the Court in U.S. District Civil Action No. 5760 to the position taken in behalf of the plaintiff therein, the subject stipulation entered into by the City of Livonia would no longer have applica- tion nor limit in any manner whatsoever the City's rights there- after to use DDT for such Dutch Elm disease control. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #448-68 RESOLVED, that having considered a letter dated April 14, 1968 from Charles B. Pierce of 35449 Oakdale Drive, Livonia, Michigan, wherein it is alleged that the property owned by Mr. Pierce at this location which is adjacent to the 13th green of Idlewild Golf Course, has suffered the continued harassment and danger of misdirected golf balls which have originated from the aforesaid golf course, the Council does hereby refer this matter to the Department of Law for the purpose of ascertaining whether or not the owner of the said golf course would undertake action to alleviate this situation. By Councilman Ventura, seconded by Councilman Milligan, it was 9496 #449-68 RESOLVED, that having considered the communication dated April 11, 1968 from Orville H. Barron, 38600 Six Mile Road, Livonia, Michigan, with regard to his original application for a Class "C" liquor license, which was submitted on June 10, 1949 to Livonia Township, the Council does hereby refer this matter to the next Study Session of the Council, to be held May 15, 1968, so that the applicant can be present to present his plans for the usage of the Class "C" License in the event it is approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Milligan, Ventura and McNamara. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #450-68 RESOLVED, that having considered a letter dated April 15, 1968 from John F. Hart, 15034 Bainbridge, Livonia, Michigan, with regard to the situation which exists as a result of the operations of the Best Block Co., and its effect on residents of Bainbridge Street, south of Five Mile Road, the Council does hereby refer this matter to the Department of Law and the Department of Public Works for their respective reports and recommendations. By Councilman Milligan, seconded by Councilman Kleinert, it was RESOLVED, that having considered a communication from the Director of Public Safety, dated February 29, 1968, approved for submittal by the Mayor and the Budget Director, with regard to a special appropria- tion for the purpose of purchasing certain additional equipment for both the Police and Fire Divisions which would be used in the control of civil disorders and disasters, the Council does hereby deny the same. By Councilman Ventura, seconded by Councilman Kleinert, it was RESOLVED, that having considered a communication from the Director of Public Safety, dated February 29, 1968, approved for submittal by the Mayor and the Budget Director, with regard to a special appropria- tion for the purpose of purchasing certain additional equipment for both the Police and Fire Divisions which would be used in the control of civil disorders and disasters, the Council does hereby refer the same to the Legislative Committee. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Kleinert and Ventura. NAYS: McCann, Milligan and McNamara. The President declared the resolution denied. 9497 A roll call vote was taken on the original resolution with the following result: AYES: Milligan and Kleinert. NAYS: Raymond, McCann, Ventura and McNamara. The President declared the resolution denied. The President relinquished the Chair to the Vice-President at 8:51 P. M. to speak on the above motions and resumed the Chair at 8.59 P. M. By Councilman Raymond, seconded by Councilman Kleinert, it was RESOLVED, that having considered a communication from the Director of Public Safety, dated February 29, 1968, approved for submittal by the Mayor and the Budget Director, with regard to a special appropria- tion for the purpose of purchasing certain additional equipment for both the Police and Fire Divisions which would be used in the control of civil disorders and disasters, the Council does hereby refer the same to the Committee of the Whole. A roll call vote was taken on the foregoing resolution with the following result AYES : Raymond, Kleinert and Ventura. NAYS: McCann, Milligan and McNamara. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman Raymond, it was #451-68 RESOLVED, that having considered a communication from the Director of Public Safety, dated February 29, 1968, approved for submittal by the Mayor and the Budget Director, with regard to a special appropria- tion for the purpose of purchasing certain additional equipment for both the Police and Fire Divisions which would be used in the control of civil disorders and disasters, the Council does hereby table the same to the study session of the Council, to be held May 15, 1968. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, Kleinert, Ventura and McNamara. NAYS: McCann and Milligan. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Milligan, it was #452-68 RESOLVED, that the Council does hereby extend an invitation to the Mayor to attend the next study session of the Council, to be held May 15, 1968, to explain his basis for deleting, in the proposed Police Department Budget for the fiscal year 1967.68 for six 'shotguns, and at a later date, to propose the purchase of twenty shotguns of like description. 9,98 A roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, McCann, Milligan, Kleinert and Ventura. NAYS : McNamara. The President declared the resolution adopted. *Councilman Milligan was excused at 9:07 P. M. By Councilman Ventura, seconded by Councilman Raymond, it was #453-68 RESOLVED, that the Council having considered a communication dated April 12, 1968 from the Budget Director and the Director of Public Safety, approved for submission by the Mayor, which submits the bids received for the purphase of six police vehicles with six trade-ins, the Council does hereby determine to reject the bids received on the basis that the same deviate from the City's specifications, as indicated in the manner indicat- ed in the aforesaid communication; further, the Council does hereby request the Director of Public Safety and the Budget Director to do all things necessary for the purpose of obtaining new bids with respect to this matter in accordance with the provisions of the Financial Ordinance, Ordinance No. 216, as amended. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura and McNamara. NAYS : McCann and Kleinert. The President declared the resolution adopted. *Councilman Milligan returned at 9.09 P. M. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was #454-68 RESOLVED, that the Council having adopted resolution #780-67 at its regular meeting held on July 25, 1967 requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed installation of paving and drainage on Doris Avenue from Five Mile Road to Puritan Avenue in the S. E. 1/4 of Section 14 in the City of Livonia, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, and specifications and recom- mendations have been properly filed by the City Engineer with the City Clerk under date of April 16, 1968 and that there has been a full compliance 9499 with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Monday, June 10, 1968 at 8:00 P. M. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall., 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04 of said Ordinance 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. By Councilman Kleinert, seconded by Councilman Milligan, it was #455-68 RESOLVED, that having considered a communication dated January 16, 1968 from the City Planning Commission which transmits its resolution #12-176-67 adopted by the Commission on December 12, 1967 with regard to Petition #66-7-1-22 submitted by Rodney Kropf, attorney for petitioner Frank J. Volk, for a change of zoning on property located on the south side of Margareta Drive in Section 7, from R-5-C to R-7, and having consid- ered a petition filed with respect to this matter as well as a letter dated April 17, 1968 from the Melody Manor Resident's Association, and the Council having conducted a public hearing on this matter on March 18, 1968 pursuant to council resolution #103-68, the Council does hereby concur with the recommendation of the Planning Commission and the said petition #66-7-1-22 is hereby approved and granted with respect to that portion only of Parcel 7B2b covered by the following legal description• "The south 690 feet of west 1/2 of the N. E. 1/4 of Section 7, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan" and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amend- ing Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Milligan, it was #456-68 RESOLVED, that having considered the report and recommendation dated January 9 1968 from the City Planning Commission which sets forth its resolution #12-184-67 in regard to Petition #67-10-1-33 submitted by Rodney C. Kropf, attorney for petitioners Stanley E. and Gladys B. Hayes, for a change of zoning on property located on Middlebelt Road between Jamison and Five Mile Road in the North 1/2 of Section 23, from RUFA to C-2, and the Council having conducted a public hearing with regard to this matter on March 18, 1968 pursuant to council resolution #103-68, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition #67-10-1-33 is hereby denied for the same reasons as set forth in the aforesaid communication from the City Planning Commission. 9500 LA roll call vote was taken on the foregoing resolution with the following result AYES : Raymond, McCann, Milligan, Kleinert, Ventura and McNamara. NAYS : None. By Councilman Milligan, seconded by Councilman Raymond, it was #457-68 RESOLVED, that having considered the report and recommendation dated October 26, 1967 from the City Planning Commission which sets forth its resolution #10-149-67 in regard to Petition #67-8-1-29 submitted by Brashear, Brashear, Mies and Duggan, attorneys for petitioners Michael and Vivian C. Berry, for a change of zoning on property located in Supervisor's Livonia Plat #11 on the north side of Ann Arbor Trail approxi- mately 420 feet east of Lawrence Drive in Section 32, from C-1 to R-7, and the Council having conducted a public hearing with regard to this matter on January 8, 1968, pursuant to council resolution #1182-67, the Council does hereby reject the recommendation of the Planning Commission and the said petition No. 67-8-1-29 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, McCann, Milligan, Kleinert and *Ventura. NAYS• McNamara. The President declared the resolution adopted. *Councilman Ventura abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. By Councilman Kleinert, seconded by Councilman Ventura, and unanimously adopted, it was #458-68 RESOLVED, that having considered a communication from the City Planning Commission, dated March 25, 1968, which transmits its resolution #2-20-68 adopted by the Commission on February 20, 1968 with regard to Petition No. 67-12-2-22 submitted by William N. Ponder attorney for Memorial Church of Christ, requesting permission to erect a church as a waiver use on property zoned R-2, Parcel 20A3, located on the south side of Five Mile Road, west of Yale Avenue in the Northeast 1/4 of Section 20, City of Livonia, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 67-12-2-22 is hereby approved and granted. 9501 By Councilman Kleinert, seconded by Councilman McCann, it was RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 2, 1968, pursuant to council resolution #1249-67, adopted on December 4, 1967, and in accordance with the provi- sions of Section 3.03 of Ordinance No. 401, as amended, containing a report with regard to the proposed installation of pavement on Perth Avenue, from Castle Gardens No. 5 easterly to Newburgh Road, in the S.E. 1/4 of Section 19, City of Livonia, and a public hearing havingbeen held thereon on April 10, 1968 pursuant to council resolution 121 -68, after due notice as required by Ordinance No. 401, as amended, and a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, and in view of the apparent difficulty in satis- factorily apportioning the benefits and costs of such contemplated improve- ment to the satisfaction of the majority of the property owners that would have been affected thereby, the Council does hereby determine to proceed no further with the special assessment proceedings heretofore commenced for the proposed installation of pavement on Perth Avenue, from Castle Gardens No. 5 easterly to Newburgh Road; further, the City Clerk is hereby requested to notify the original petitioners for this improvement, or their representatives, of this determination. By Councilman Raymond, seconded by Councilman Kleinert, it was #459-68 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 2, 1968, pursuant to council resolution #1249-67, adopted on December 4, 1967, and in accordance with the provi- sions of Section 3.03 of Ordinance No. 401, as amended, containing a report with regard to the proposed installation of pavement on Perth Avenue, from Castle Gardens No. 5 easterly to Newburgh Road, in the S.E. 1/4 of Section 19, City of Livonia, and a public hearing having been held thereon on April 10, 1968 pursuant to council resolution #121-68, after due notice as required by Ordinance No. 401, as amended, and a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, and in view of the apparent difficulty in satisfactor- ily apportioning the benefits and costs of such contemplated improvement to the satisfaction of the majority of the property owners that would have been affected thereby, the Council does hereby refer this matter to the Streets, Roads and Plats Committee. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, McCann, Kleinert, Ventura and McNamara. NAYS: Milligan. L The President declared the resolution adopted. At 9:31 P. M., a recess was called, after which the meeting resumed with all members present who were named as present at the original roll call of this meeting. 9502 By Councilman Milligan, seconded by Councilman Raymond, it was L #460-68 RESOLVED, that having considered a communication from the Personnel Director, dated April 17, 1968, approved by the Budget Director, and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on March 26, 1968, wherein the Commission recommends again that the classification of Chief Librarian be reclassified to Library Director, the Council does hereby deny such request. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, Kleinert and McNamara. NAYS: McCann and Ventura. The President declared the resolution adopted. Councilman Milligan introduced the following Ordinance. AN ORDINANCE AMENDING ORDINANCE NO. 449 KNOWN AND CITED AS THE "BUILDING CODE ORDINANCE OF THE CITY OF LIVONIA," AS AMENDED, BY AMENDING SECTION 4.10 OF ARTICLE IV THEREOF. (Insulation) LThe 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. Councilman Nash introduced the following Ordinance AN ORDINANCE AMENDING ORDINANCE NO. 449 KNOWN AND CITED AS THE "BUILDING CODE ORDINANCE OF THE CITY OF LIVONIA," AS AMENDED, BY AMENDING SECTION 4.07 OF ARTICLE IV THEREOF. (Height of Basements) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinance 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. Councilman Kleinert introduced the following Ordinance L AN ORDINANCE AMENDING ORDINANCE NO. 449, AS AMENDED, KNOWN AND CITED AS THE "BUILD- ING CODE ORDINANCE OF THE CITY OF LIVONIA, BY ADDING SECTION 5. TO ARTICLE V THEREOF. (Humidifiers 9503 LThe 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 three additional Ordinances as proposed in the letter from the Mayor, dated April 17, 1968, relative to (1) a humidifying device on warm air furnaces and (2) service walks, driveways, floors, porches and patio slabs, were referred to the next study session of the Council, to be held May 15, 1968. By Councilman Raymond, seconded by Councilman Ventura, it was #461-68 RESOLVED, that having considered the communication dated April 15, 1968 from the Department of Law regarding "In the Matter of the Allocation of Costs and Expense Involved in Modifying and Supplementing the Crossing Protection Devices Located at the Crossings of the Chesapeake and Ohio Railway with Stark Road (RR-2557) and Newburgh Road (RR-931), in the City of Livonia, Michigan" the Council does hereby refer the same to ite Finance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, McCann, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #462-68 RESOLVED, that having considered Opinion No. 68-5 from the Department of Law dated April 10, 1968 with respect to the question of the compensation to be paid to constables for the service of criminal warrants outside the limits of the City of Livonia, the Council does hereby refer the same to its Legislative Committee for its report and recommenda- tion; and further, the Police Division is hereby requested to forward their report and recommendations to the Legislative Committee. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, McCann, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was L #463-68 RESOLVED, that having considered a communication from the Supt. of Operations, the Director of Public Works, and the Budget Director, dated April 15, 1968, approved for submission by the Mayor, with regard to bids received for supplying trees and shrubs at the City's municipal golf course, the Council does hereby accept the following suppliers with regard to the following items such having been the low bids received: 9504 The bid of Wayne Oakland Landscape, 31539 W. Eight Mile Road, Livonia, Michigan, 48152, for the following. Unit Total Quant. Size Common Name Botanical Name PricePrice 8 5-6' Flowering Cherry Prunus Serrulata Pendula 6.26 50.00 8 1-1/2.-2"dbh Columnar Maple Acer Platanoides Columnare 18.00 144.00 21 12-18' Cotoneaster Cotoneaster Dammari 3.00 63.00 4 3-4' Dogwood Cornus Stolonifera 2.25 9.00 12 24" Golden Victory 1.60 19.20 6 2-3' Spruce (Dwarf) Picea Glauca Conica 6.00 36.00 6 6-8' Almey Crab 5.25 31.50 Total $352.70 The bid of The Cottage Gardens, Inc., R. #3 S. Waverly and Bishop Roads, Lansing, Michigan 48910 for the following: Unit Total Quant. Size Common Name Botanical Name PricePrice 8 5-6' Flowering Cherry Prunus Serrulata Kwanzen 5.50 44.00 2 6-8' Purple Plum Prunus Cerasifera Atropurpurea 3.60 7.20 4 6-8' Dogwood Cornus Florida 8.75 35.00 4 6-8' Redbud Ceris Canadenis 9.00 36.00 6 2-3' Forsythia Forsythia Ovata .90 5.40 3 5-6' Forsythia Forsythia Ovata 1.50 4.50 12 18" Red Barberry (Dwarf) 2.60 31.20 1000 2-1/2" pots Ivy Hedera Helix Bltica .12 120.00 10 2-2-1/2' Juniper Hetzi Juniperus Hetzi 4.70 47.00 84 12-18" Juniper Juniperus Chinenxis Sargenti 1.40 117.60 6 2-2-1/2' Yew Taxux Media Hichsi 6.25 37.50 100 1-2' Rhododendron 2.90 290.00 Total $775.40 A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, Milligan, Kleinert and McNamara. NAYS: Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McCann, it was #464-68 RESOLVED, that having considered a communication from the Depart- ment of Law dated April 16, 1968, regarding the matter of the possible L intervention in a District of Columbia action for damages against major producers of chlor-alkali products, the Council does hereby request that the Department of Law do all things necessary to seek intervention in behalf of the City of Livonia in such action for the purpose of seeking such damages as this city may have incurred as a result of the violation of anti-trust laws in this regard. 9505 L A roll call vote was taken on the foregoing resolution with the following result- AYES : Raymond, McCann, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #465-68 RESOLVED, that the Council having adopted resolution #159-68 at its regular meeting held February 28, 1968, requiring the City Engineer to ascertain the assessed valuation of all property affected by the instal- lation of sidewalks along both sides of Middlebelt Road between Five Mile Road and Eight Mile Road, City of Livonia, Wayne County, Michigan, the num- ber of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as tovhat proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of April 8, 1968, and that there has been a full compliance with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Monday, June 24, 1968 at 8:30 P. M. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #466-68 RESOLVED, that the Council having adopted resolution #159-68 at its regular meeting held February 28, 1968, requiring the City Engineer to ascertain the assessed valuation of all property affected by the installa- tion of sidewalks along both sides of Farmington Road from Five Mile Road to Eight Mile Road, City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause iro to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, 9506 and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of April 8, 1968, and that there has been a full compliance with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Monday, June 24, 1968 at 8.15 P. M. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #467-68 RESOLVED, that having considered the report and recommendation dated January 31, 1968 from the City Planning Commission which sets forth its resolution #1-13-68 in regard to Petition #67-10-1-37 submitted by the Planning Commission on its own motion in order to rezone property located on the south side of Seven Mile Road approximately 330 feet east of Middlebelt Road in the Northwest 1/4 of Section 12, from R-7 and RUF to P.S. , and the Council having conducted a public hearing with regard to this matter on April 17, 1968 pursuant to council resolution #214-68, the Council does hereby refer this matter to the next study session of the Council to be held May 15, 1968. By Councilman Ventura, seconded by Councilman Kleinert, and unanimously adopted, it was #468-68 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated April 30, 1968, submitted pursuant to council resolution #1267-67, with regard to the matter of requesting the Wayne County Road Commission to assume jurisdiction of Newburgh Road from Plymouth Road to Eight Mile Road, since the matter herein involved would now appear to be moot, the Council does hereby determine to take no action with respect to the same at this time. The recommendation from the Streets, Roads and Plats Committee relative to the approval of the preliminary plat of Tiffany Park Subdivision No. 4, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Kleinert, it was #469-68 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated April 30, 1968, in connection with a communication submitted by the City Engineer dated March 12, 1968, approved by the Director of Public Works and approved for submission by the Mayor, regarding the matter of providing street lighting 9507 at church sites located throughout the City, the Council does hereby 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 of suitable lumen strength to be installed at the following locations in the City of Livonia, Michigan: Section Church Location of Lighting No.of Lights 2 St. Priscilla Catholic Church at corner 7 Mile and 19220 Purlingbrook Purlingbrook 1 7 Trinity Baptist Church Light on Six Mile Road 39000 Six Mile east of Haggerty 1 9 Sword of the Spirit American Lutheran Light on Seven Mile Road 1 Church, 34500 Seven Mile at Laurel 10 Livonia Assembly of God Light at corner of 7 Mile 33015 Seven Mile at Loveland and Loveland 1 10 Church of Latter Day Saints Light on Six Mile, and 31400 Six Mile at Merriman Light on Merriman 2 11 Cavalry Missionary Church Light at corner Louise, and 29850 Six Mile at Louise Light on Six Mile 2 11 Holy Cross Evangelical Lutheran Church, 30650 Six Mile, E. of Merriman Light on Six Mile 1 13 Sacred Heart Byzantine Catholic Church, 29175 Six Mile at Savoie (Authorized by CR#243-68) Light on Six Mile 1 15 Ward Memorial United Presbyterian Church 17000 Farmington Road at Six Mile Two lights on Six Mile 2 17 St. Timothy United Presbyterian Newburgh Road S. of Six Mile Light on Newburgh 1 18 Church of the Savior (Reformed Church in Am. ) 38100 Five Mile E. of Hix Road Light on Five Mile, at drive 1 21 Bethany Baptist Church 34541 Five Mile at Fairlane Light on Five Mile 1 21 Ascension Lutheran Church Light on Five Mile between 35301 Five Mile at Yale drives 1 22 Livonia Baptist Church 32940 Schoolcraft W. of Brookfield Light on Schoolcraft 1 23 Mt. Hope Congregational Church 30330 Schoolcraft at Henry Ruff Light on Schoolcraft 1 9508 _'c+ion Church Location of Lighting No.of Lights 23 Emanual Baptist Church 14560 Merriman Road at Lyndon Light on Merriman 1 30 Riverside Park Church of God 11771 Newburgh Road at Plymouth Light on Newburgh 1 32 All Saints Lutheran Church Light on Joy, and 8850 Newburgh Rd. at Joy Rd. Light on Newburgh 2 33 Timothy Lutheran Church, 8820 Wayne Rd. , S. of Ann Arbor Trail Light on Wayne Road 1 it being the determination of the Council that such locations require lighting in order to protect the public safety of the residents of the community, further, the Council does hereby transfer the sum of $1100 from the Reserve for Contingencies Acct. to Acct. #350-E for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, McCann, Milligan, Kleinert, Ventura, and McNamara. NAYS : None. By Councilman Ventura, seconded by Councilman Kleinert, it was #470-68 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated April 30, 1968, submitted pursuant to council resolution #261-68, in connection with a communication from the Industrial Coordinator dated February 19, 1968, approved for submission by the Mayor, relative to the installation of traffic control signals on Merriman Road and Plymouth Road, in the proximity of the Allied Supermarkets Project, the Council does hereby notify the Michigan State Highway Department of its desire for a demand traffic signal control device to be located on Plymouth Road at Berwick as well as the installa- tion of a traffic control signal device to be located at Milburn and Plymouth Road; and the Council does further request that the Michigan State Highway Department investigate the necessity of such installations and thereafter submit its findings to this Council together with an estimate of the total cost of the proposed installations and the share of the same which would be assumed by the City of Livonia, and further, the City Clerk is hereby requested to forward two certified copies of this resolution to the Michigan State Highway Department, 18101 Nine Mile Road, Southfield, Michigan, to the attention of Mr. Joseph S. Marlow. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Kleinert, Ventura, Milligan and McNamara. low NAYS: None. 9509 By Councilman Ventura, seconded by Councilman Kleinert, it was #471-68 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated April 30, 1968, and submitted pursuant to council resolution #392-68 in connection with a communication from the Supt. of Operations and the Director of Public Works, dated March 13, 1968, and approved for submission by the Mayor, regarding a study of alternate methods of watering island and median strips in various subdivisions in the City, the Council does hereby take this means to indicate that it feels it is in the best interests of this City to establish a policy of installing water taps for the purpose of watering existing medians and islands in subdivision streets, and encourages the practice of allowing residents to install, maintain and operate sprinkler systems. A roll call vote was taken on the foregoing resolution with the following result• AYES : Raymond, McCann, Kleinert, Ventura and McNamara. NAYS: Milligan. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was #472-68 RESOLVED, that the Council does hereby request the Department of Law to prepare an ordinance which would require that in new subdivisions with respect to cul-de-sacs, medians, etc., that the proprietor be required to install underground watering systems or sprinkling systems. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, McCann, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Raymond, it was #473-68 RESOLVED, that having considered a letter from the Director of Public Safety, dated April 30, 1968, approved for submittal by the Mayor and the Budget Director, wherein it is requested that the sum of $150 be appropriated for expenses in connection with the Mayor's Exchange Day to be conducted on May 20, 1968, the Council does hereby authorize the expenditure of the sum of $150 from the Public Relations Account of the Legislative Division (No. 102-22) in order to cover the expenses that may be incurred in connection with the observance of the said Exchange Day. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, McCann, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was 9510 #474-68 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution 4337-56, so as to permit consideration of an item that does not appear on the agenda. By Councilman Ventura, seconded by Councilman Milligan, it was 4475-68 RESOLVED, that the Council takes this means to advise the Department of Public Works and all other appropriate City departments that it is the policy of this City not to require, as a condition for the issuance of a building permit, the involuntary conveyance or dedication of privately owned land to the City for public use and/or right-of-way purposes, since such action would in effect constitute the taking of property without due process of law. A roll call vote was taken on the foregoing resolution with the following result. AYES : Raymond, McCann, Milligan, Ventura and McNamara. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, this 606th regular meeting of the Council of the City of Livonia was duly adjourned at 10:56 P. M., May 8, 1968. 6 . , 4 ADDISON W. BACON, CityCle, .