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HomeMy WebLinkAboutCOUNCIL MINUTES 1967-10-11 9025 MINUTES OF THE FIVE HUNDRED EIGHTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 11, 1967, 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 8:16 P. M.. Councilman Salvadore delivered the invocation. Roll was called with the following result: Present--Peter A. Ventura, Rudolf R. Kleinert, Edward H. McNamara, Robert F. Nash, Jack Salvadore, Edward G. Milligan and *Jerry Raymond. Absent--none. Elected and appointed officials present: Addison W. Bacon, City Clerk, Steve Polgar, City Attorney, Harry C. Tatigian, Chief Assistant City Attorney, William Strasser, City Engineer; Robert A. Shaw, Director of Public Works; Henry Sieferd, City Assessor; Donald Nicholson, Director of Public Safety, John T. Dufour, Superintendent of Parks and Recreation; James Miller, Personnel Director; Don Hull, City Planner; Dan Andrew, Industrial Coordinator, Thomas J. Griffiths, Jr., Chief Accountant; James R. McCann, Municipal Judge; and Wilbert Cooper, Director of Civil Defense. By Councilman Kleinert, seconded by Councilman McNamara, and unanimously adopted, it was #1016-67 RESOLVED, that the minutes of the 586th regular meeting of the Council of the City of Livonia, held September 25, 1967, and the minutes of the 115th special meeting of the Council of the City of Livonia, held October 2, 1967, are hereby approved. By Councilman Nash, seconded by Councilman Salvadore, it was #1017-67 BE IT RESOLVED, that after careful consideration of the relative merits of the various proposed lower court systems under consideration by the Joint Committee on Court Re-organization, it is the considered opinion of the Council of the City of Livonia and the Council hereby endorses and concurs in the recommendation of the Michigan Municipal L League made on October 12, 1966, wherein it is recommended that each City retain its Municipal Court. L9026 A roll call vote was taken on the foregoing resolution with the following result. AYES: Salvadore, Milligan, McNamara, Nash and Ventura. NAYS : Kleinert. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Kleinert, and unanimously adopted, it was #1018-67 RESOLVED, that the Council does hereby acknowledge receipt of the annual budget of the City of Livonia for the fiscal year commencing December 1, 1967, as prepared by the Mayor and filed by the Mayor with the Council on September 15, 1967, and does hereby set a public hearing thereon to be held on Monday, October 30, 1967 at 8:00 P.M. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, in accordance with the provisions of Chapter VII of the City Charter, and the City Clerk shall give notice of such public hearing in accordance and pursuant to provisions of the City Charter. LBy Councilman McNamara, seconded by Councilman Milligan, and unanimously adopted, it was #1019-67 RESOLVED, that the Council does hereby request State Representa- tive Richard A. Young to reconsider the position he has previously taken and henceforth support for passage the "Good Roads Tax Package" (House Bill 2314-2317), which purports to increase the amount of revenue allocated to cities and villages from the tax on gasoline and the fees from the sale of vehicle licenses, and which proposed legislation would result in helping the City of Livonia to finance the construction of better roads for its citizens. *The President relinquished the Chair to the Vice-President at 8:23 P. M., and a discussion was conducted with respect to the action taken at the regular meet- ing of the Council held on September 25, 1967, in enacting the amendment to the Precinct Ordinance, Ordinance No. 372, as amended, and thereafter Councilman Ventura moved to reconsider previous action taken to divide voting Precincts Numbers 24, 31 and 32, which motion failed for lack of support. *The President resumed the Chair at 8:45 P. M. L9027 An Ordinance Amending Sections 17, 19, and 20 of the Zoning Map of the City of Livonia and Amending Article III of Ordinance No. 543, as amended, Known and Cited as the "City of Livonia Zoning Ordinance," by Adding Section 3. Thereto, (Petition 67-4-1-14), introduced by Councilman Edward H. McNamara on September 25, 1967, was taken from the table and a roll call vote conducted thereon with the following result. AYES: Salvadore, Milligan, Kleinert, McNamara, Nash and Ventura. NAYS : None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 32 of the Zoning Map of the City of Livonia and Amending Article III of Ordinance No. 543, as amended, Known and Cited as the L, "City of Livonia Zoning Ordinance," by Adding Section 3. Thereto, introduced, by Councilman Edward G. Milligan on September 25, 1967, (Petition 67-2-1-5), was taken from the table and a roll call vote conducted thereon with the following result. AYES: Salvadore, Milligan, Kleinert, McNamara, Nash and Ventura. NAYS : None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 30 of the Zoning Map of the City of Livonia and Amending Article III of Ordinance No. 543, as amended, Known and Cited as the "City of Livonia Zoning Ordinance," by Adding Section 3. Thereto, (Petition 67-3-1-7), introduced by Councilman Edward G. Milligan on September 25, 1967, was taken from the table and a roll call vote conducted thereon with the following result: AYES : Salvadore, Milligan, Kleinert, McNamara, Nash and Ventura. LNAYS : None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. 9028 By Councilman McNamara, seconded by Councilman Salvadore, it was #1020-67 RESOLVED, that having considered a communication from the Personnel Director dated September 5, 1967, approved by the Mayor and Budget Director, which transmits a resolution adopted by the Civil Service Commission on August 9, 1967, wherein it is recommended that the position of Clerk-Stenographer II in the Office of the Civil Service Commission be reclassified and that a classification of Personnel Clerk be established with the following salary range: Minimum Ste 2 Ste 3 Step 4 Maximum $5,720.00 5, . 0 .00 $6,344.00 $6,593.60 the City Council does hereby refer this matter to the Finance and Insurance Committee. A roll call vote was taken on the foregoing resolution with the following result. AYES: Salvadore, Milligan, Kleinert, McNamara, Nash and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman McNamara, it was RESOLVED, that having considered a communication from the Personnel Director dated September 5, 1967, approved by the Mayor and Budget Director, which transmits a resolution adopted by the Civil Service Commission on August 9, 1967, wherein it is recommended that a classifi- cation of Road Maintenance Man be established in the Road Maintenance Section of the Operations Division with the following rate: Step 1 Ste 1-1 2 Step 2 $3.23 3.29 $3.35 the City Council does hereby determine to concur in and approve of such action, and further, the action taken herein shall take effect commencing with the pay period of October 30, 1967. By Councilman Nash, seconded by Councilman Salvadore, it was #1021-67 RESOLVED, that having considered a communication from the Personnel Director dated September 5, 1967, approved by the Mayor and Budget Director, which transmits a resolution adopted by the Civil Service Commission on August 9, 1967, wherein it is recommended that a classifi- cation of Road Maintenance Man be established in the Road Maintenance Section of the Operations Division with the following rate: Ste 1 Step 1-1/2 Step 2 3.2 $3.29 $3.35 the City Council does hereby refer this matter to the Finance and Insurance Committee. 9029 A roll call vote was taken on the foregoing resolution with the following result. AYES: Salvadore, Milligan, McNamara and Nash. NAYS: Kleinert and Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Salvadore, it was #1022-67 RESOLVED, that having considered a communication from the Personnel Director dated September 5, 1967, approved by the Mayor and Budget Director, which transmits a resolution adopted by the Civil Service Commission on August 15, 1967, wherein it is recommended that the classifi- cation of Student Page in the Library be established with the following hourly rates: $1.28/hour Up to 89 calendar days $1.34/hour From 90 days to 179 calendar days $1.40/hour From 180 or more calendar days such proposed rates representing the full compensation for all services rendered with no other compensation or benefits to be paid to this classification, the City Council does hereby refer this matter to the Finance and Insurance Committee. A roll call vote was taken on the foregoing resolution with the following result: AYES• Salvadore, Milligan, McNamara and Nash. NAYS : Kleinert and Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Milligan, it was RESOLVED, that having considered a communication from the Personnel Director dated September 5, 1967, approved by the Mayor and Budget Director, which transmits a resolution adopted by the Civil Service Commission on August 29, 1967, wherein it is recommended that two positions of Clerk-Typist I in the Department of Parks and Recreation be reclassified to the level of Clerk-Typist II, the City Council does hereby determine to refer this matter to the Finance and Insurance Committee of the Council. A roll call vote was taken on the foregoing resolution with the following result• AYES: Milligan, Nash and Ventura. NAYS : Salvadore, Kleinert and McNamara. The President declared the resolution denied. 9030 By Councilman Salvadore, seconded by Councilman Kleinert, it was RESOLVED, that having considered a communication from the Personnel Director dated September 5, 1967, approved by the Mayor and Budget Director, which transmits a resolution adopted by the Civil Service Commission on August 29, 1967, wherein it is recommended that two positions of Clerk-Typist I in the Department of Parks and Recreation be reclassified to the level of Clerk-Typist II, the City Council does hereby determine to concur in and approve of such action; and further, the action taken herein shall take effect commencing with the pay period of October 30, 1967. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, Kleinert and McNamara. NAYS : Milligan, Nash and Ventura. The President declared the resolution denied. By Councilman McNamara, seconded by Councilman Salvadore, it was #1023-67 RESOLVED, that having considered a communication from the Personnel Director dated September 5, 1967, approved by the Mayor and Budget Director, which transmits a resolution adopted by the Civil Service Commission on August 29, 1967, wherein it is recommended that two positions of Clerk-Typist I in the Department of Parks and Recreation be reclassified to the level of Clerk-Typist II, the City Council does hereby refer this matter to the next Study Meeting of the Council, to be held October 18, 1967. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, Milligan, Kleinert, McNamara, Nash and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman McNamara, and unanimously adopted, it was #1024-67 RESOLVED, that the Council does hereby request that the Planning Commission conduct a public hearing pursuant to the provisions of Article XXIII of the Zoning Ordinance for the purpose of determining whether or not to amend the Zoning Ordinance in a manner which would purport to increase the off-street parking requirements prescribed therein for group com- mercial complexes and thereafter make its report and recommendation to the City Council; further, the Department of Law is hereby also requested to assist the City Planning Commission in the preparation of the subject amendatory provisions in connection with the said proceedings. By Councilman Nash, seconded by Councilman McNamara, and unanimously adopted, it was 9031 #1025-67 RESOLVED, that having considered the report and recommendation dated July 23, 1967, from the City Planning Commission which sets forth its resolution #7-104-67 in regard to Petition No. 67-6-6-2 as submitted by the City Planning Commission on its own motion to amend Section 18.45(a), Protective Walls, of Ordinance No. 543, as amended, so as to provide uniformity of protective walls, and the Council having conducted a public hearing with regard to this matter on September 6, 1967 pursuant to resolution #794-67, the Council does hereby concur with the recommenda- tion of the City Planning Commission and the said Petition 67-6-6-2 is hereby approved with the following changes and revisions: (a) The words "painted" and "hardburned" shall be deleted; and (b) In lieu of "Traffic Commission", there shall be inserted "Bureau of Inspection"; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #1026-67 RESOLVED, that the item relative to the proposed street lights on Lancaster, Cavour and Garden Avenues in the Franklin Square Apartment Site, is hereby referred to the Study Session of the Council to be held October 18, 1967. By Councilman McNamara, seconded by Councilman Kleinert, it was #1027-67 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 13, 1967, on all matters required by Sections 3.03 and 4.01 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on September 13, 1967, after due notice as required by Section 3.04 of said ordinance, and 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 installation of ornamental street lighting with underground wiring in Bretton Gardens Subdivision No. 2 located in the Southeast 1/4 of Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said state- ment, and defray the cost of such improvement by special assessment upon the property especially benefited in pro- portion to the benefits derived or to be derived; (3) approve the plans and specifications for the improvement as set forth in said statement dated July 13, 1967; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, 9032 (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: That part of the S.E. 1/4 of Section 2, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan described as beginning at a point on the N. & S. 1/4 line of said Section 2 distant S. 1° 58' 52" E. 474.50 feet from the center 1/4 corner of Section 2 and proceeding thence N. 88° 00' 39" E. along the north line of Bretton Gardens Subdivision No. 2 as re- corded in Liber 86, Pages 45 and 46 of the Wayne County Records 984.09 feet to the west line of Lot No. 481 of Supervisor's Livonia Plat No. 8 as recorded in Liber 66, Page 59 of the Wayne County Records; thence N. 2° 13' 30" W. along the west line of said Lot No. 481 145.00 feet to the center line of Bretton Road (50 feet in width); thence N. 88° 00' 50" E. along the center line of Bretton Road 327.39 feet, thence S. 2° 17' 50" E. along the east line of said Lot No. 481 329.74 feet to the S. E. corner of Lot 481; thence S. 88° 00' 39" W. along the south line of said Lot No. 481 198.97 feet to the N.E. corner of Lot No. 29 of Bretton Gardens Sub- division No. 2 as recorded in Liber 86, Pages 45 and 46 of the Wayne County Records; thence S. 45° 35' 05" E. along the east line of Lots No. 29 and No. 30 of said Bretton Gardens Subdivision No. 2 172.45 feet to the north line of Bretton Gardens Colony Sub- division as recorded in Liber 84, Page 13 of the Wayne County Records; thence S. 87° 50' 43" W. along the north line of said Bretton Gardens Colony Subdivision 77.51 feet to the N.E. corner of Lot No. 2 of said Bretton Gardens Colony Subdivision; thence S. 2° 08' 01" E. along the west line of said Lot 2 60 feet; thence S. 87° 50' 43" W. 325 feet to the west line of Lot No. 6 of said Bretton Gardens Colony Subdivision, thence N. 2° 04' 34" W. along said west line 66 feet to the N. W. corner of said Lot 6; thence S. 87° 50' 43" W. along the south line of Bretton Gardens Subdivision No. 2 501.67 feet to the S. E. corner of Lot No. 40 of said Bretton Gardens Sub- division No. 2; thence N. 1° 56' 04" W. 6.64 feet, thence S. 88° 01' 23" W. 90.00 feet; thence N. 1° 56' 04" W. 19.00 feet, thence S. 88° 01' 23" W. 238.88 feet to the center line of Purlingbrook Road (73 feet in width); thence N. 1° 58' 52" W. along the center line of Purlingbrook Road 280.50 feet to the point of beginning; 9033 (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said state- ment as prepared by the City Engineer dated July 13, 1967, and (8) that upon completion of said rolls, 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 pursuant to Ordinance No. 401, as amended. A roll call vote'as taken on the foregoing resolution with the following result: AYES: Salvadore, Milligan, Kleinert, McNamara, Nash and Ventura. NAYS : None. By Councilman McNamara, seconded by Councilman Nash, it was #1028-67 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 52, for the installation of a water main on Lyndon Avenue between Middlebelt Road and Henry Ruff Road in Section 23 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 Wednesday, September 13, 1967, at 8:45 p. m. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be• constructed in Special Assessment District No. 52; 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 June 23, 1967, in the amount of $26,609.70, 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 Chief City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 52 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, 1967 and subsequent installments on December 1st of succeeding years; 9034 (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 of the roll pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1967 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 of the roll to December 1, 1967 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 beeiprepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (6o) 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: Salvadore, Milligan, Kleinert, McNamara, Nash and Ventura. NAYS : None. By Councilman Kleinert, seconded by Councilman McNamara, it was #1029-67 WHEREAS, under Section 131C of Act 206, Public Acts of 1893, as amended, the owners are permitted to further redeem properties of which the State becomes the owner on May 2, 1967. WHEREAS, the municipalities in which the properties are located must approve the application of the owner to pay the 1966 and prior years' taxes, and, WHEREAS, the convenience of the taxpaying public demands that the information be obtained and arrangements to pay said taxes be accomplished in one office, NOW, THEREFORE, BE IT RESOLVED: 1. That, Louis H. Funk, Wayne County Treasurer, is, by this resolution, authorized to act as representative and agent of the City of Livonia for the purpose of approving the application of the property owners to pay the 1966 and prior years' taxes and accept the necessary monies, the same to be forwarded to Lansing, Michigan be him. 2. That the County Treasurer is further authorized by: City of Livonia to request of the Department of Conservation, Lands Division, the withholding of properties from the auction sale until November 6, 1967, provided that sufficient monies are deposited with the County Treasurer to effect redemption. 9035 3. That the County Treasurer is to periodically report to: City of Livonia the properties withheld by him and that this Board (Council) is in turn to confirm said withholdings of the County Treasurer with notice of same to the Department of Conservation, Lands Division. 4. That a copy of this resolution be mailed to the Department of Conservation, Lands Division, Lansing, Michigan. A roll call vote was taken on the foregoing resolution with the following result AYES: Salvadore, Milligan, Kleinert, McNamara, Nash and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman Kleinert, it was RESOLVED, that having considered a communication from the Personnel Director dated July 19, 1967, approved by the Mayor, which transmits a resolution adopted by the Civil Service Commission on June 13, 1967, wherein it is recommended that the classification of Chief Librarian be retitled to Library Director, the Council does hereby deny such request. By Councilman Nash, seconded by Councilman Salvadore, it was RESOLVED, that having considered a communication from the Personnel Director dated July 19, 1967, approved by the Mayor, which transmits a resolution adopted by the Civil Service Commission on June 13, 1967, wherein it is recommended that the classification of Chief Librarian be retitled to Library Director, the Council does hereby refer this matter to the Committee of the Whole. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore and Nash. NAYS: Milligan, Kleinert, McNamara and Ventura. The President declared the resolution denied. A roll call vote was taken on the original resolution with the following result: AYES: Milligan, Kleinert and McNamara. NAYS : Salvadore, Nash and Ventura. The President declared the resolution denied. By Councilman Milligan, seconded by Councilman Salvadore, and unanimously adopted, it was 9036 #1030-67 RESOLVED, that having considered a communication from the Personnel Director dated July 19, 1967, approved by the Mayor, which transmits a resolution adopted by the Civil Service Commission on June 13, 1967, wherein it is recommended that the classification of Chief Librarian be retitled to Library Director, the Council does hereby refer this matter to the next Study Session, to be held October 18, 1967; and further, the Council does hereby request that the Chairman of the Library Commission be present at such meeting, as well as a representative of the Civil Service Commission. By Councilman Kleinert, seconded by Councilman McNamara, it was #1031-67 RESOLVED, that having considered the report and recommendation dated August 30, 1967, from the City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby release to Jako Land Company, 15030 Wyoming, Detroit, Michigan 48221, the $1,000.00 general improvement cash bond and the $5,300.00 sidewalk bond deposited with the City in accordance with resolution #819-65 adopted on August 11, 1965, as amended by resolution #115-66 adopted on January 26, 1966, to guarantee satisfactory improvements to be installed in Madonna Estates Subdivision No. 2 located in the Southeast 1/4 of Section 20, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed; 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 : Salvadore, Milligan, Kleinert, McNamara, Nash and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman McNamara, it was #1032-67 RESOLVED, that having considered the report and recommendation dated August 30, 1967, from the City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby release to Rose-Hill Builders, 14201 W. Eight Mile Road, Detroit, Michigan, the $1,200.00 bond for remaining improvements deposited with the City in accordance with resolution #39-59 adopted on January 12, 1959, as amended by resolution nos. 435-59, 304-60, 737-60 and 666-61, to guarantee satisfactory improve- ments to be installed in New Joy Subdivision located in the Southwest 1/4 of Section 32, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the City Engineer that all required improve- ments have been satisfactorily installed; 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: Salvadore, Milligan, Kleinert, McNamara, Nash and Ventura. NAYS : None. 9037 By Councilman Kleinert, seconded by Councilman McNamara, it was #1033-67 RESOLVED, that having considered the report and recommendation dated August 30, 1967, from the City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby release to Rose-Hill Builders, 14201 W. Eight Mile Road, Detroit, Michigan, the $4,700.00 bond for remaining improvements deposited with the City in accordance with resolution #39-59 adopted on January 12, 1959, as amended by resolution nos. 436-59 and 398-60, to guarantee satisfactory improvements to be installed in Schulgren Subdivision #2 located in Section 32, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed; 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 : Salvadore, Milligan, Kleinert, McNamara, Nash and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman McNamara, it was #1034-67 RESOLVED, that having considered the report and recommendation dated August 30, 1967, from the City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby release to Rose-Hill Builders, 14201 W. Eight Mile Road, Detroit, Michigan, the $4,200.00 bond for remaining improvements deposited with the City in accordance with resolution #39-59 adopted on January 12, 1959, as amended by resolution nos. 437-59, 259-60 and 667-61, to guarantee satisfactory improvements to be installed in Schulgren Subdivision #3 located in the Southwest 1/4 of Section 32, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the City Engineer that all required improve- ments have been satisfactorily installed, 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 : Salvadore, Milligan, Kleinert, McNamara, Nash and Ventura. NAYS: None. *The President of the Council relinquished the Chair to the Vice-President at 9.30 P. M. *Councilman Raymond arrived at 9.35 P. M. ibm By Councilman McNamara, seconded by Councilman Kleinert, it was 9038 L. RESOLVED, that having considered a communication from the City Engineer dated September 11, 1967, approved by the Mayor and Director of Public Works, as well as Opinion No.67-16 from the Department of Law dated September 11, 1967, and the preliminary plat of the proposed Stark Gardens Subdivision situated in the Southwest 1/4 of Section 21, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on January 6, 1959, by its resolution #2.33-59 and approved by the City Council on May 19, 1965 by its resolution #497-65, and a report dated June 8, 1967, from the City Engineer, approved by the Director of Public Works, indicating that full compliance has been made with the conditions upon which the preliminary plat was approved by the Council, the City Planning Commission having approved the final plat on May 23, 1967 in its resolution #5-80-67, the Council does hereby determine to grant its approval to the final plat of Stark Gardens Subdivision located in the S. W. 1/4 of Section 21, City of Livonia, Wayne County, Michigan, as submitted by Goodman Bros. & Co. , as proprietors, the proprietors thereof being required to do all things necessary to obtain full compliance with the Plat Act, Act 172 of the Public Acts of Michigan of 1929, as amended, the applicable Plat Ordinance of the City of Livonia, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result L AYES : Kleinert and McNamara. NAYS • Salvadore, Milligan, Ventura, Raymond and Nash. The Vice-President declared the resolution denied. By Councilman Ventura, seconded by Councilman Milligan, it was #1035-67 RESOLVED, that the Council does hereby refer the matter of the approval of the final plat of Stark Gardens Subdivision back to the Planning Commission for any action deemed necessary to bring this plat up to the requirements as outlined in City Ordinances. A roll call vote was taken on the foregoing resolution with the following result AYES• Salvadore, Milligan, Raymond, Ventura and Nash. NAYS: Kleinert and McNamara. The Vice-President declared the resolution adopted. *The President resumed the Chair at 9.50 P. M. At 9.51 p. m. , a recess was called, after which the meeting resumed with Lall members present who were named as present in the original roll call of this meeting. 9039 By Councilwin Salvadore, seconded by Councilman Milligan, it was #1036-67 RESOLVED, that the Council does hereby determine to reconsider the action taken earlier in this meeting, that is, denying its approval to the final plat of Stark Gardens Subdivision. A roll call vote was taken on the foregoing resolution with the following result: AYES. Salvadore, Milligan, Kleinert, McNamara and Nash. NAYS: Raymond and Ventura. The President declared the resolution adopted. *The President relinquished the Chair to the Vice-President at 10.13 P.M. By Councilman Salvadore, seconded by Councilman Milligan, it was RESOLVED, that having considered a communication from the City Engineer dated September 11, 1967, approved by the Mayor and Director of Public Works, as well as Opinion No. 67-16 from the Department of Law dated September 11, 1967, and the preliminary plat of the proposed Stark Gardens Subdivision situated in the Southwest 1/4 of Section 21, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on January 6, 1959, by its resolution #2-33-59 and approved by the City Council on May 19, 1965 by its resolution #497-65, and a report dated June 8, 1967, from the City Engineer, approved by the Director of Public Works, indicating that full compliance has been made with the conditions upon which the preliminary plat was approved by the Council, the City Planning Commission having approved the final plat on May 23, 1967 in its resolution #5-80-67, the Council does hereby determine to grant its approval to the final plat of Stark Gardens Subdivi- sion located in the S. W. 1/4 of Section 21, City of Livonia, Wayne County, Michigan, as submitted by Goodman Bros. & Co., as proprietors, the proprietors thereof being required to do all things necessary to obtain full compliance with the Plat Act, Act 172 of the Public Acts of Michigan of 1929, as amended, the applicable Plat Ordinance of the City of Livonia, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result. AYES: Salvadore, Kleinert and McNamara. NAYS : Milligan, Raymond, Ventura and Nash. The Vice-President declared the resolution denied. *The President resumed the Chair at 10:47 P. M. By Councilman Milligan, seconded by Councilman Salvadore, it was 9040 #1037-67 RESOLVED, that having considered a communication from the City Engineer dated September 14, 1967, approved by the Mayor and Director of Public Works, submitted pursuant to council resolution #423-67, regarding the Storm Drainage Program, the Council does hereby refer the same to the next Study Meeting of the Council to be held October 18, 1967. A roll call vote was taken on the foregoing resolution with the following result• AYES: Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS : Nash. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Nash, it was #1038-67 RESOLVED, that having considered a communication from the Department of Law dated September 7, 1967, submitted pursuant to council resolution #449-67, regarding appraisals of proposed park property in Section 17 owned by the Fairway Farms Swim Club, Inc. , the Council does hereby refer the same to a future study session of the City Council for further consideration. A roll call vote was taken on the foregoing resolution with the following result• AYES : Salvadore, Milligan, Kleinert, McNamara, Raymond, Nash and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman Salvadore, it was #1039-67 RESOLVED, that having considered a communication from the Board of Wayne County Road Commissioners dated August 31, 1967, wherein it is recommended that certain sanitary sewer extensions and the use of surplus funds in connection therewith be authorized, the Council does hereby refer the same to the Water and Sewer Board and the Water and Sewer Committee of the Council for their respective reports and recommendations. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, Milligan, Kleinert, McNamara, Raymond, Nash and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #1040-67 RESOLVED, that having considered a petition from certain residents on Irving, Filmore and Myron Streets received by the City Clerk on September 12, 1967, wherein it is requested that Irving Street be extended to Seven Mile Road, the Council does hereby refer the same to the City Engineer for his report and recommendation. 9041 Li:ywCaosuncilman Nash, seconded by Councilman Milligan, and unanimously adopted, #1041-67 RESOLVED, that having considered a communication from the Industrial Coordinator dated September 7, 1967, approved by the Mayor, with regard to a proposal made by the Spanich Bonding Corporation relative to the possible platting of a ten acre parcel of land (Bureau of Taxation Parcel No. 23D2) on Five Mile Road into an industrial subdivi- sion, the Council does hereby refer the same to the next Study Session of the Council, to be held October 18, 1967. By Councilman Nash, seconded by Councilman McNamara, it was #1042-67 RESOLVED, that having considered a communication from the Kendall Building Company, 12800 West Ten Mile Road, Huntington Woods, Michigan 48070, dated September 6, 1967, regarding the attendant problems of securing plat approval where compliance with the City's Zoning Ordinance mimimum lot depth requirements cannot be made due to the limitations resulting by reason of the physical boundaries of such lands, the Council does hereby request the Planning Commission to submit its recommendations regarding the possible alternative solutions which are available with respect to the same as well as other similar cases. L A roll call vote was taken on the foregoing resolution with the following result: AYES : Salvadore, Milligan, Kleinert, McNamara, Raymond, Nash and Ventura. NAYS : None. By Councilman Raymond, seconded by Councilman Salvadore, and unanimously adopted, it was #1043-67 RESOLVED, that having considered a study prepared by the City Planning Department with respect to residential development in the area south of Eight Mile Road, submitted pursuant to council resolution #490-67, the Council does hereby refer the same to the Streets, Roads and Plats Committee for its report and recommendation. Councilman Nash introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 23.03 OF ARTICLE XXIII OF ORDINANCE NO. 543, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE. (Petition 67-3-6-1) 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. 9042 *Councilmen Salvadore, Milligan and Raymond were excused at 11:13 P. M. By Councilman Nash, seconded by Councilman McNamara, and unanimously adopted, it was #1044-67 RESOLVED, that having considered a communication from the Department of Law dated September 19, 1967, which submits a proposed amendment to Ordinance No. 145, the Misdemeanor Ordinance, and which proposed amendment purports to regulate the sale and possession of alcoholic beverages within the City of Livonia, the Council does hereby refer the same to the Legislative Committee for its report and recommenda- tion. By Councilman McNamara, seconded by Councilman Nash, and unanimously adopted, it was #1045-67 RESOLVED, that having considered a communication from the Department of Law dated September 19, 1967, submitted pursuant to council resolution #693-65, which transmits a proposed ordinance purporting to regulate the keeping of cats within the City, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. * Councilman Raymond returned at 11:16 P. M. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #1046-67 RESOLVED, that having considered a communication from the Department of Law dated September 19, 1967, which submits a proposed amendment to Ordinance No. 76, the Dog Ordinance, and which purports to establish a procedure pursuant to state statute whereby the City would commence the issuance of kennel licenses, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. The communication from the Department of Law dated September 14, 1967, regarding the dog kennel at 34080 Orangelawn, was received and filed for the informa- tion of the Council. By Councilman Kleinert, seconded by Councilman Nash, it was #1047-67 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations Division dated September 18, 1967, approved by the Mayor, Director of Public Works and the Budget Director, the Council does hereby accept the bid of Minnesota Mining and Manufactur- L ing Company, 2501 Hudson Road, St. Paul, Minnesota 55119, for supplying the City with Traffic Sign Faces and Street Sign Faces for the price of $1,324.55, the aforesaid company being the only supplier of Scotchlite. A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, McNamara, Raymond, Nash and Ventura. NAYS : None. 9043 By Councilman Nash, seconded by Councilman Kleinert, it was #1048-67 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations Division dated September 18, 1967, approved by the Mayor, Director of Public Works and Budget Director, the Council does hereby accept the unit price bid of Municipal Street Sign Company, Inc. , 128-10 14th Avenue, College Point, New York, for supplying the City with the following Aluminum Sign Blanks in the quantities and for the prices indicated: Quantity Size & Type Unit Prices 50 30" x 0.80 Triangle Blanks 1.84 1-1/2" Radius Corners 100 30" x 0.80 Triangle Blanks 2.68 1-1/2" Radius Corners 10 30" x 30" x 0.80 Octagon Blanks 3.39 20 36" x 36" x 1.00 Diamond Blanks 6.67 1-1/2" Radius Corners 200 24" x 30" x 0.80 Rectangular Blanks 3.07 1-1/2" Radius Corners 150 12" x 18" x 0.63 Rectangular Blanks .82 1-1/2" Radius Corners 35 12" x 36" x 0.80 Rectangular Blanks 1.87 1-1/2" Radius Corners 100 6" x 24" x 1.00 Blanks .85 34" Radius, No Holes such having been in fact the lowest bid received for these items. A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, McNamara, Raymond, Nash and Ventura. NAYS : None. By Councilman Kleinert, seconded by Councilman McNamara, and unanimously adopted, it was #1049-67 RESOLVED, that having considered a communication from General Ambulance Service, by its Manager, dated September 19, 1967, relative to the City's ambulance service contract, the Council does hereby refer the same to a joint committee to be composed of the Council, the Director of Public Safety, representatives of the Fire Department, the Budget Director and the Department of Law for the purpose of considering the ramifications involved with respect to the same; further, that this matter should be considered by the foregoing committee together with the proposals previously submitted by Superior Ambulance Service, Inc. and which was previously acted upon in council resolution #866-67. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was 90,4 #1050-67 RESOLVED, that having considered a communication from the Hillcrest Gardens Association dated September 14, 1967, regarding the development of the Senior Citizens Housing Project and the proposed location of high rise towers on certain property located at Purlingbrook and St. Martins, the Council does hereby refer the same to the Livonia Housing Commission for its report and recommendation. By Councilman McNamara, seconded by Councilman Kleinert, and unanimously adopted, it was #1051-67 RESOLVED, that having considered an amendment to the state statute proposed by Louis C. Schmidt, state representative, for introduction at the January, 1968 session of the State Legislature, which pertains to revising procedures in connection with the relinquishment of County roads to municipalities, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Nash, seconded by Councilman Kleinert, it was #1052-67 RESOLVED, that the Council does hereby amend and modify Council Resolution #816-67 so as to have the same provide and read as follows : WHEREAS, it is necessary to locate, establish, construct and enclose branches of an existing County drain, known as LIVONIA DRAIN NO. 20, to be located entirely within the limits of the City of Livonia, the location of said branches being as follows : A closed branch extending from Filmore Avenue easterly along Pickford Avenue approximately 800 feet, thence northerly approximately 700 feet; thence westerly for approximately 150 feet to Westmore Avenue; thence northerly approximately 200 feet to Clarita Avenue; thence westerly along Clarita Avenue approximately 150 feet and easterly along Clarita Avenue approximately 650 feet; Also a closed branch in Westmore Avenue from Pickford Avenue southerly approximately 150 feet. AND WHEREAS, in the opinion of the City Council, the location, establishing, constructing and enclosing of said branches are necessary for the public health of the City of Livonia, and the entire cost thereof, except that part representing benefits to State and County highways, should be assessed against the City of Livonia for public health; AND WHEREAS, Chapter 20 of Act 4o, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said branches where the same are necessary for the public health of the City and where the entire cost of the same is to be assessed wholly against public corporations, as defined in said Chapter 20; 9045 AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: "Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such public corporation only." NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing, constructing and enclosing of the branches set forth in the preamble hereof, and does hereby consent to the location, establishing, constructing and enclosing of the same pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed branches set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign, for and on behalf of the City of Livonia, a petition praying for the location, establishing, constructing and enclosing of the same,. as set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. PETITION TO LOCATE, ESTABLISH, CONSTRUCT AND ENCLOSE BRANCHES OF AN EXISTING COUNTY DRAIN TO: County Drain Commissioner County of Wayne, Michigan The City of Livonia, County of Wayne, Michigan, hereby petitions the County Drain Commissioner of the County of Wayne to locate, establish, construct and enclose branches of an existing County Drain known as LIVONIA DRAIN NO. 20, pursuant to the provisions of Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, the location and route of said branches to be as follows: A closed branch extending from Filmore Avenue easterly along Pickford Avenue approximately 800 feet; thence northerly approximately 700 feet; thence westerly for approximately 150 feet to Westmore Avenue, thence northerly approximately 200 feet to Clarita Avenue; thence westerly along Clarita Avenue approximately 150 feet and easterly along Clarita Avenue approximately 650 feet; Also a closed branch in Westmore Avenue from Pickford Avenue southerly approximately 150 feet. 904, Your Petitioner respectfully shows that said branches are necessary for the public health of the City of Livonia and are to be locat- ed entirely within the corporate limits of the City of Livonia. There is attached to this petition a certified copy of a resolution duly adopted by the City Council of the City of Livonia authorizing the affixing of its signature to this petition by its Mayor and City Clerk. CITY OF LIVONIA By Its Mayor By Its City Clerk A roll call vote was taken on the above resolution with the following result: AYES : Kleinert, McNamara, Raymond, Nash and Ventura. NAYS None. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, this 587th regular meeting of the Council of the City of Livonia, was duly Ladjourned at 11.20 P. M., October 11, 1967. ADDISON W. BACON, ' Oberk.