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HomeMy WebLinkAboutCOUNCIL MINUTES 1966-12-19 Page 8367 MINUTES OF THE FIVE HUNDRED FIFTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 19, 1966, 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 8:34 P. M ,. Councilman Salvadore delivered the invocation. Roll was called with the following result: Present--Peter A. Ventura, Rudolf R. Kleinert, Jerry Raymond, Robert F. Nash, Edward H. McNamara, Jack Salvadore and Edward G. Milligan. Absent--none. Elected and appointed officials present. Addison W. Bacon, City Clerk; Steve Polgar, City Attorney; Robert A. Shaw, Director of Public Works; William J. Strasser, City Engineer; Donald Nicholson, Director of Public Safety, Robert Turner, Captain, Police Department, Victor Phillips, Budget Director, Dan Andrew, Industrial Coordinator; Thomas Griffiths, Jr. , Chief Accountant; Henry Sieferd, City Assessor; John Nagy, Assistant City Planner, Frank Kerby, Chief Building Inspector; 7ames L. Miller, Personnel Director; Harry Tatigian, first Assistant City Attorney. By Councilman Salvadore, seconded by Councilman Raymond, and unanimously adopted, it was #1260-66 RESOLVED, that the minutes of the 557th regular meeting of the Council of the City of Livonia, held December 12, 1966, are hereby approved. By Councilman McNamara, seconded by Councilman Milligan, and unanimously adopted, it was #1261-66 RESOLVED that, having considered the letter from the Mayor, dated December 19, 1966 relative to a meeting with the State Highway Department on December 28, 1966 at 11:00 a. m. , in connection with the improvement of Plymouth Road and the building of 1-96, the Council does hereby request the Mayor to defer this meeting and to meet with the Council and the State Highway Department on January 11, 1967 at 8:00 p. m. , that being a more feasible time for the members of the City Council. By Councilman Salvadore, seconded by Councilman Nash, it was Page 8368 #1262-66 RESOLVED that, having considered the letter dated December 19, 1966 from the Budget Director, approved for submission by the Mayor, with regard to an additional appropriation for the Building Code Board of Appeals and the Heating Board of Examiners, for the purpose of payment for attendance at meetings during the fiscal year, the Council does hereby transfer the sum of $70.00 from the Unallocated Fund to Account #154-1, and the sum of $70.00 from the Unallocated Fund to Account #156-1, for the aforementioned purposes. 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 McNamara, seconded by Councilman Milligan, and unanimously adopted, it was #1263-66 RESOLVED, that the action taken by the City Council in their meeting of December 12, 1966, relative to council resolution No. 1257-66, be made unanimous. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #1264-66 RESOLVED that, the Department of Law is requested to enter into negotiations with certain property owners who allege that they have suffer- ed injury as a result of the Farmington Road Improvement Project, between Seven and Eight Mile Roads, so as to reach an amicable solution, such persons being: Mr. George Knipple, Mr. and Mrs. Leo Weegs, and Mr. and Mrs. Ralph Kerzka. By Councilman Raymond, seconded by Councilman McNamara, and unanimously adopted, it was #1265-66 RESOLVED that, the Department of Law is hereby instructed to prepare an ordinance establishing a policy for the City of Livonia so as not to approve and contract for read or sewer construction prior to procuring rights-of-way for the property covered. An Ordinance Vacating Portions of Street, Alley and Public Ground, (Petition 66-2-3-2), introduced by Councilman Nash on December 12, 1966, was taken from the table and a roll call vote conducted thereon with the following result; AYES : Salvadore, Milligan, Kleinert, McNamara, Raymond, Nash and Ventura. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. Page 8369 By Councilman McNamara, seconded by Councilman Milligan, and unanimously adopted, it was #1266-66 RESOLVED, that having considered the letter from the Chairman of the Civic Affairs Committee of the Newburgh Heights Civic Association dated November 10, 1966, as well as a letter from Father Campion dated • November 6, 1966, regarding the condition of Newburgh Road between Five Mile and Six Mile Roads and containing therein a request that the same be improved, the Council does hereby refer the same to the Chief City Engineer for his report and recommendation. Councilman Milligan introduced the following Ordinance• AN ORDINANCE AMENDING SECTION I 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. (Pet.66-3-1-7) 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. LThe above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman McNamara introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 27 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. (Pet. 66-5-1-10) 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. Councilman Salvadore introduced the following Ordinance: L AN ORDINANCE AMENDING SECTION 28 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III 07 ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SEC. 3.__ THERETO. (Pet. 66-6-1-14) Page 8370 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. L The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. . Councilman Milligan introduced the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY AMENDING SECTION 10.07 OF ARTICLE X AND SECTION 11.08 OF ARTICLE XI THEREOF.(Pet. 66-2-6-1i) 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 McNamara, seconded by Councilman Kleinert, and unanimously Ladopted, it was #1267-66 RESOLVED, that having considered letters dated November 15, and 23, 1966 from the Chief of Police, approved by the Mayor for submission, which transmits certain traffic and parking control orders which would establish the following controls . TRAFFIC CONTROL ORDER #66-65 YIELD RIGHT-OF-WAY at: Lancaster at Garden Cavour at Lancaster (Lancaster is also known as Betula) TRAFFIC CONTROL ORDER #66-66 NO LEFT TURN, westbound, from 3:00 P. M. to 6:00 P. M. into the drives at 35275 Plymouth Road and 35301 Plymouth Road, East drive TRAFFIC CONTROL ORDER #66-67 V. Stevenson High School A. Parking 2. Six Mile Court a. Curb Standing Only, North and East side b. No Parking, 7:30 A.M.-4:30 P.M. , South side 4. No Stopping, Standing or Parking, East side of the west parking lot from Six Mile Court to Kitchen Court. Any traffic or parking control order, including TC© #66-38, Part V, in conflict with this order is hereby rescinded. L PARKING CONTROL ORDER #66-16 NO PARKING AT ANYTIME: Garden, Five Mile to Lancaster Lancaster, Cavour to the east end of Lancaster, about 200 ft. east of G rden (Lancaster is also known as Betula Page 8371 the first named street having the right-of-way in the Yield-Right-of-Way Control, which orders have been promulgated by the Chief of Police and recommended for adoption by the Traffic Commission in its resolutions #103-66, #104-66 and #105-66, the Council does hereby approve and author- ize the same, and further, that upon the effective date of this resolution a copy of such traffic and parking control orders shall be made a part of the Traffic Rules and Regulations Book of the City of Livonia, and any • traffic or parking control order in conflict therewith be deleted. By Councilman Kleinert, seconded by Councilman McNamara, it was #1268-66 RESOLVED, that having considered a letter from the Water and Sewer Commissioner dated November 14, 1966, approved by the Mayor and Director of Public Works, regarding a resolution adopted by the Board of Public Works of Wayne County increasing the Wayne County Sewage Disposal Rates in the Rouge Valley Downriver Districts to be made effective on January 1, 1967, which new rate shall be in the amount of $0.47 per thousand cubic feet in lieu of the old rate which was in the amount of $0.4015 per thousand cubic feet, the Council does hereby concur in and approve of such increase in the manner recommended in the aforesaid com- munication, and further, the Council does hereby refer the matter of establishing new rates as established by ordinance, combining the Wayne County and the City of Livonia sewage disposal charges, to a joint meet- ing of the Water and Sewer Committee of the Council with the Water and Sewer Board to be conducted for this purpose. 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 Raymond, it was #1269-66 RESOLVED, that having considered a letter from the City Treasurer dated November 16, 1966, requesting that an additional appropriation in the amount of $1,330.00 be made for the purpose of providing sufficient funds for necessary printing incidental to the collection of this year's tax bills, the Council does hereby authorize the transfer of $1,330.00 from General Fund-Unappropriated Surplus Account to Budget Account No. 141-20 for this purpose. 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. The communications dated November 15, 1966 and December 2, 1966 from the Department of Law, submitted pursuant to CR4978-66, in connection with the amend- ments to General Court Rule 785, was received and filed for the information of the Council. Page 8372 By Councilman Nash, seconded by Councilman Milligan, it was #1270-66 RESOLVED, that having considered a letter dated November 16,1966 from Van Dyke Homes, Inc. by Mr. Eli Friedman, Attorney, regarding the Blue Grass Farms Subdivision, the proposed preliminary plat of same having been previously approved by council resolution #441-66, the Council does • hereby deny the request made in the aforesaid letter for a waiver in part of the improvement requirements set forth in Section 6.15 of Ordinance No. 500, the Plat Ordinance, relative to underground wiring. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, Milligan, McNamara, Raymond and Nash. NAYS: Kleinert and Ventura. The President declared the resolution adopted. At 10:56 p. m., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Raymond, seconded by Councilman Milligan, it was RESOLVED, that the Council does hereby determine to reconsider the action taken in council resolution #1270-66, relative to the place- ment of Primary Power Lines in Blue Grass Farms Subdivision. A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert and Ventura. NAYS: Salvadore, Milligan, McNamara, Raymond and Nash. The President declared the resolution defeated. By Councilman Kleinert, seconded by Councilman Milligan, and unanimously adopted, it was #1271-66 RESOLVED, that having considered a letter from the City Planning Commission dated November 16, 1966, which transmits its resolution #11-169b-66, wherein the Planning Commission has indicated its approval to the amended preliminary plat of Renwick Park Subdivision, the Council does hereby defer taking action with respect to same pending receipt from the Department of Public Works of its report and recommendation in con- nection with development plans, specifications and financial assurances, as required by Ordinance No. 500, as amended, the Plat Ordinance. Page 8373 By Councilman McNamara, seconded by Councilman Nash, and unanimously adopted, it was #1272-66 RESOLVED, that having considered a letter from the City Planning Commission dated November 16, 1966, which transmits its resolution #11-169a-66, wherein the Planning Commission has indicated its approval • to the amended preliminary plat of Judson Gardens Subdivision, the Council does hereby defer taking action with respect to same pending receipt from the Department of Public Works of its report and recommendation in connection with development plans, specifications and financial assurances, as required by Ordinance No. 500, as amended, the Plat Ordinance. By Councilman McNamara, seconded by Councilman Salvadore, and unanimously adopted, it was #1273-66 RESOLVED, that having considered a letter from the City Plan- ning Commission dated November 16, 1966, which transmits its resolution #11-165-66, wherein the Commission has adopted an amendment to the Master Thoroughfare Plan, Part I of the Master Plan of the City of Livonia, so as to provide for an east-west road between Farmington Road and Merriman Road in the North 1/2 of Section 27, the proposed east-west road to be located approximately 900-1200 feet south of Schoolcraft Road, the Council does hereby acknowledge the receipt of same. By Councilman Kleinert, seconded by Councilman McNamara, and unanimously ddopted, it was #1274-66 RESOLVED, that having considered a letter from the City Planning Commission dated November 15, 1966, which transmits its resolution #11-164-66, wherein the Commission has adopted an amendment to the Master Thoroughfare Plan, Part I of the Master Plan of the City of Livonia, so as to provide for the removal of all interior roads within the South 1/2 of Section 27, such interior roads identified as McKinney, Bile and Capital if extended in an easterly direction, Wadsworth if extended in an easterly direction, Hubbard if extended in a southerly direction, and Berwick if extended in a northerly direction, the Council does hereby acknowledge receipt of same. By Councilman McNamara, seconded by Councilman Kleinert, and unanimously adopted, it was #1275-66 RESOLVED, that having considered a letter from the City Planning Commission dated November 16, 1966, which transmits its resolution #11-170-66, wherein the Commission has adopted an amendment to the Master Thoroughfare Plan, Part I of the Master Plan of the City of Livonia, so as to modify the right-of-way width of Wayne Road from Plymouth Road north to the C & 0 Railroad in Section 28 from 120 feet to 86 feet, the Council does hereby acknowledge receipt of same. By Councilman Nash, seconded by Councilman Salvadore, and unanimously loovtvo, It was Page 837! #1276-66 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Sec. 5.2934), as well as Article XXIII of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, February 8, 1967, at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, on the following items: (1) Petition 66-7-1-18 submitted by Forest Lawrence requesting to rezone property located approximately 160 feet north of Five Mile Road approximately 600 feet east of Middlebelt Road in the Southeast 1/4 of Section 13 from RUF to P, the City planning Commission having in its resolution #11-167-66 recommended to the City Council that Petition 66-7-1.18 be approved; and (2) Petition 66-9-6-11 submitted by the City Planning Commission on its own motion to determine whether or not to amend Section 18.38(5) of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, to modify present parking requirements for convalescent homes, the City Planning Commission having in its resolution #11-166-66 recommended to the City Council that Petition 66-9-6-11 be approved; and further, that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement indicating the nature and location of the proposed change of zoning, and the proposed ordinance amendment, as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each rail- road company owning or operating any public utility or railroad within the districts or zones affected; and the City Clerk is requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Milligan, seconded by Councilman Salvadore, it was #1277-66 RESOLVED, that having considered a letter from the Department of Law dated November 15, 1966, which transmits an opinion from the law firm of Miller, Canfield, Paddock & Stone, wherein it is indicated that in the opinion of such law firm the Council may levy ad valorem taxes to provide funds to meet contractual rental obligations of the City with the Municipal Building Authority of Livonia as the same may become necessary, without limitation as to rate or amount, the Council does hereby refer the same to the Capital Improvement Committee for its report and recommendation. 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. Page 8375 By Councilman Nash, seconded by Councilman McNamara, it was #1278-66 RESOLVED, that having considered a letter from the Chief City Engineer dated November 14; 1966, approved by the Mayor and Director of Public Works, the Council does hereby determine as follows: (1) That all bide received for performing the work necessary for backyard drainage in Section 11 (Pickford Gardens and Hillcrest Avenue Subdivisions) and in Section 23 (Belle Mar and Lyndon Meadows Subdivisions) be and the same are hereby rejected, (2) That the action taken in council resolution #1219-66 is hereby reaffirmed, and (3) That the Operations Division is hereby authorized to com- plete the work which is necessary in Section 11 in order to alleviate the backyard drainage problems which exist therein at a cost not to exceed $3958.00, it being the intention of the Council that any cost over and above the aforesaid amount would be absorbed by the City. 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 Nash, it was #1279-66 RESOLVED, that having considered a letter from the Chairman of the Historical Commission dated October 27, 1966, wherein it is requested that certain improvements be made at Quaker Acres, the Council does hereby refer the same to the Capital Improvement Committee for its report and recommendation. 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 Milligan, and unanimously adopted, it was #1280-66 RESOLVED, that having considered a letter from the Chairman of the Historical Commission dated October 27, 1966, wherein it is requested that the City convey legal possession of Quaker Acres, as well as certain other items, to the Livonia Historical Society, the Council does hereby refer the same to the Department of Law for its opinion relative to the ramifications involved herein. By Councilman McNamara, seconded by Councilman Kleinert, it was #1281-66 RESOLVED, that having considered a letter from the Municipal Judge dated November 21, 1966, with regard to the proposed voluntary work program whereby youths between the ages of 17 and 21 years would volunteer Page 8376 for work detail under the supervision of the Department of Public Works or the Department of Parks and Recreation, the Council does hereby refer the same to the Department of Law for its report and recommendation relative to the ramifications involved in this regard. 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 Salvadore, seconded by Councilman McNamara and unanimously adopted, it was #1282-66 RESOLVED, that having considered a request from the owner of Gale's Body Shop dated November 23, 1966, wherein it is requested that the Zoning Ordinance be amended so as to permit the sale of used auto parts in a manufacturing zone upon approval of the Planning Commission, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman McNamara, seconded by Councilman Milligan, it was #1283-66 RESOLVED, that having considered the report and recommendation of the City Clerk dated November 8, 1966, submitted pursuant to council resolution #843-66, regarding a request made by the Gordon-Begin Company for a refund of certain monies pertaining to the improvement plans for the Belle Lynn Subdivision, the Council does hereby take this means to concur in the recitation of facts set forth in the aforesaid communication and does further request that the City Clerk do all things necessary to satisfactorily resolve this matter in a manner which is consistent with his report. 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 Kleinert, seconded by Councilman Salvadore, it was #1284-66 RESOLVED, that having considered a letter from the Chief City Engineer dated November 7, 1966, approved by the Mayor and Director of Public Works, the Council does hereby release to the Arbor Development Company, 18450 Livernois, Detroit, Michigan, the $2,000.00 cash payment previously deposited with the City in accordance with council resolution #30-65 adopted on January 13, 1965, in connection with the widening and deepening of Bassett brain south of Joy Road by the developer of Arbor Estates Subdivision located in part of the Southwest 1/4 of Section 31, it appearing from the aforementioned report of the Chief City Engineer that such work has now been satisfactorily completed; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. Page 8377 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, it was #1285-66 RESOLVED, that having considered a letter from the Chief City Engineer dated November 7, 1966, approved by the Mayor and Director of Public Works, the Council does hereby release to the Arbor Development Company, 18450 Livernois, Detroit, Michigan, the $1,500.00 cash payment previously deposited with the City in accordance with council resolution #133-66 adopted on February 2, 1966, in connection with the widening and deepening of Bassett Drain south of Joy Road by the developer of Arbor Estates Subdivision No. 2 located in part of the Southwest 1/4 of Section 31, it appearing from the aforementioned report of the Chief City Engineer that such work has now been satisfactorily completed; 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, Raymond, Nash and Ventura. NAYS : None. By Councilman Milligan, seconded by Councilman Salvadore, and unanimously adopted, it was #1286-66 RESOLVED, that having considered a letter from the President of the Fairway Farms Civic Association dated November 14, 1966, requesting that the City consider amending the Zoning Ordinance so far as it pertains to protective walls so as to make provision therein for aesthetic considerations, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman McNamara, seconded by Councilman Nash, it was #1287-66 RESOLVED, that having considered a letter from the Water and Sewer Board dated November 21, 1966, approved for submission by the Mayor, which transmits its resolution #WS852 8/66, in connection with a communication from the Superintendent of Operations Division relative to a flat rate to be charged for use of water at the Municipal Golf Course, the Council does hereby refer the same to the Water and Sewer Committee for its report and recommendation. 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. Page 8378 By Councilman Kleinert, seconded by Councilman McNamara, it was #1288-66 RESOLVED, that having considered a letter from the Water and Sewer Board dated November 21, 1966, which transmits its resolution #ws862 10/66, in connection with water service to Islands in Subdivisions, as set forth in a letter dated September 28, 1966 from the Director of the Board of Public Works for the County of Wayne, the Council does hereby refer the same to the Water and Sewer Committee for its report and recommendation. 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 Salvadore, seconded by Councilman Nash, it was #1289-66 RESOLVED, that having considered a letter from the Mayor dated November 28, 1966, regarding salary adjustments for supervisory, exempt personnel, contract and appointed City officials, to be made effective December 1, 1966, the Council does hereby refer the same to the Finance Committee for its report and recommendation. 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 McNamara, seconded by Councilman Kleinert, it was #1290-66 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 43 for the installation of sidewalks on Lyndon Avenue from Sunset Street to Henry Ruff Road located in the West 1/2 of 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 hear- ing thereafter having been held thereon on November 30, 1966, 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 sidewalk improvements to be constructed in Special Assessment DistrictNo. 43; 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 October 6, 1966 in the amount of $9,019.29, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plane of the Chief City Engineer and resolutions of the City Council; Page 8379 (2) Said Special Assessment Roll No. 43 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 four per cent (4%) per annum on the unpaid balance of the assessment. In such cases where the installments will be less than Ten Dollars ($10.00), the number of install- ments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1967, and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 3.10 of Ordinance No. 401, as amended, the City Clerk shall endorse the date of confirmation of 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 commencing on 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 been prepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (60) day period as provided by Section 6.04, or after the expiration of the sixty (60) day period as provided by Section 6.07, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, Milligan, Kleinert, McNamara, Raymond, Nash, and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman McNamara, and unanimously adopted, it was #1291-66 RESOLVED, that having considered the petition received by the City Clerk on December 9, 1966, from Mrs. Verssie Meisner, 31345 Six Mile Road, Livonia, Michigan, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing Lots 1, 2 and 3 of Bell Creek Estates Subdivision into two parcels, the legal descriptions of which will read as follows; Parcel 1 - Lot 1, except the South 90 feet thereof and the West 44.64 feet of Lot 2, except the South 90 feet thereof, Bell Creek Estates Subdivision, part of the N.W. 1/4 of Section 14, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan; Parcel 2 - Lot 2, except W. 44.64 feet and S. 90 feet thereof, also Lot 3, except S. 90 feet thereof, Bell Creek Estates Subdivision, part of the N.W. 1/4 of Section 14, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan, Page 8380 as shown on the map attached to the aforesaid petition, which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: • AYES. Salvadore, Milligan, Kleinert, McNamara, Raymond, Nash and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #1292-66 RESOLVED, that having considered a letter from the Department of Law dated December 7, 1966, submitted pursuant to council resolution #1032-66, as well as a letter dated November 21, 1966 from the Industrial Coordinator regarding an offer to purchase certain City property by the Efco Tool Company from the City, being the East 40 feet of Tax Item 26E1a, the Council does hereby accept the offer of the Efco Tool Company for the named property for the price of $250.00, and does hereby authorize the Mayor and City Clerk to execute a Quit Claim Deed in a form approved by the Department of Law conveying such property to the Efco Tool Company. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond and Nash. NAYS: Salvadore and Ventura. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Milligan, and unanimously adopted, it was #1293-66 RESOLVED, that the Council does hereby request that the Depart- ment of Law prepare for submission to the Council the draft of a proposed ordinance which would regulate and establish procedures in connection with the sale and acquisition of real property by the City of Livonia. By Councilman Nash, seconded by Councilman Salvadore, and unanimously adopted, it was #1294-66 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman McNamara, seconded by Councilman Salvadore, it was #1295-66 RESOLVED, that having considered a letter from the Chief City Engineer dated December 2, 1966, approved by the Mayor and the Director of Public Works, regarding the Arcola Avenue Special Assessment Project Page 8381 which was previously confirmed in council resolution #1104-66 adopted on November 14, 1966, the Council does hereby amend, modify and change council resolution #1104-66 so as to delete therefrom the following language set forth in paragraph 3 which reads as follows: "from the date of confirmation"; and in lieu thereof, the Council does hereby provide that the same shall read as follows: "such interest to commence and accrue on and after August 1, 1967." 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 McNamara, seconded by Councilman Raymond, it was #1296-66 RESOLVED, that having considered the report and recommendation dated September 22, 1966 from the City Planning Commission, which sets forth its resolution #9-139-66 in regard to Petition 66-7-1-17 submitted by Dooley & Wilder for a change of zoning on the northeast corner of Farmington Road and Curtis Avenue in Section 10 from R-1 to P.S., the Council having conducted a public hearing in regard to the matter on December 14, 1966, pursuant to council resolution #1064-66, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 66-7-1-17 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: Salvadore, Milligan, McNamara, Raymond, Nash and Ventura. NAYS: Kleinert. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Nash, it was #1297-66 RESOLVED, that having considered a letter from the Chief City Engineer dated December 12, 1966, approved by the Mayor and the Director of Public Works, regarding the general improvement bond requirements for the Arbor Estates Subdivision, as previously reduced in council resolution #851-66 and thereafter released in council resolution #1177-66, the Council does hereby concur in the recommendations made in the aforesaid communica- tion and council resolution #851-66 i• hereby modified and amended so as to therein authorize the reduction of the letter of credit in the amount of $13,500.00 and cash in the amount of $5,000.00 and the action taken in council resolution #1177-66 in releasing such general improvement bond requirements is reaffirmed and authorized iq the manner consistent with ,the action taken therein1 Page 8382 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 #1298-66 RESOLVED, that having considered a letter from the Chief City Engineer dated December 15, 1966, approved by the Mayor, the Director of Public Works and the Budget Director, and which submits pursuant to council resolution #1207-66 a proposed contract to be entered into between the Michigan State Highway Commission, the Board of County Road Commis- sioners of the County of Wayne, Michigan, and the City of Livonia, for the purpose of fixing the rights and obligations in agreement to construct that part of I-96 Expressway as well as the improvement of M-14 (Plymouth Road) within the corporate limits of the City of Livonia, such contract having been approved as to form by the Department of Law, and wherein the financial rights and obligations of the parties in this regard will be fixed as previously agreed upon, the Council does hereby authorize the Mayor and City Clerk to affix their signatures to such 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 the said Clerk is requested to transmit six (6) executed copies of this agreement, together with a copy of this resolution to the Board of Wayne County Road Commissioners to the attention of Mr. James Davey. LA roll call vote was taken on the foregoing resolution with the following result: AYES : Salvadore, Milligan, Kleinert, McNamara, Raymond, Nash and Ventura. NMR: None. By Councilman Milligan, seconded by Councilman Salvadore, it was #1299-66 RESOLVED, that the Chief City Engineer having filed with the City Clerk a statement dated September 22, 1966 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 November 30, 1966, 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 installa- tion of a street lighting system in the area known as "Compton Village" composed of the following subdivisions: Belle-Lynn, Har-Lo, Patty Ann, Compton Village, Mar-Git, Lawr-El and Marcy-Ann, located in Section 24, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; Page 8383 (3) approve the plans and specifications for the improvement as set forth in said statement dated September 22, 1966; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: Beginning at a point on the East line of Middlebelt Road, (120 feet wide) said point being the N.W. corner of the Patty Ann Subdivision, as recorded in Liber 82, Page 76, Wayne County Records; proceeding thence Easterly along the north line of said subdivision to the east line of said subdivision, thence southerly along the east line of said Patty Ann Subdivision 198.94 feet to the S.W. corner of Bureau of Taxation Parcel 24Y1b; thence easterly along the south line of said parcel 655.22 feet to the west line of Lot 8, Dutch Mill Gardens Subdivision, as recorded in Liber 63, page 70, Wayne County Records; thence northerly along the west line of said lot to the south line of Oakley Avenue (60 feet wide); thence easterly along said south line, as extended, to the northeast corner of Lot 1, Dutch Mill Garden Subdivision, thence southerly along the east line of said Lot 1, the west line of the Buckingham Village Subdivision, as recorded in Liber 77, pages 66 and 67 and the west line of the Buckingham Village Subdivision No. 2, as recorded in Liber 80, Pages 37 and 38, Wayne County Records to a point, said point being the N.E. cor- ner of Bureau of Taxation Parcel 24EE, thence westerly 330 feet along the north line and southerly 278 feet along the west line of said Parcel 24EE, thence westerly 569.20 feet along the north line of Bureau of Taxation Parcel 24CC1, DD2a, thence southerly 145 feet along the west line of said parcel, thence westerly 1076.85 feet along the south line of Bureau of Taxation Parcel 24BB, lbla2, CC2a3a2, thence northerly 544.78 feet along the west line of said parcel to the S.E. corner of Bureau of Taxation Parcel 24Z2a, thence westerly 1257.31 feet along the sxuth line of said parcel to the east line of Middle- belt Road (120 feet wide); thence northerly along said east line of Middlebelt Road to the point of beginning; (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated Sept. 22, 1966; 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. Page 8384 A roil Lail 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 McNamara, and unanimously adopted, it was #1300-66 RESOLVED that, the Department of Law is hereby requested to prepare an ordinance amendment which would require toilet facilities in places of public amusement, restaurants and public utilities. On motion of Councilman Raymond, seconded by Councilman Milligan, and unanimously adopted, this 558th regular meeting of the Council of the City of Livonia was duly adjourned at 11:40 P. M., December 19, 1966. ADDISON t•1. BACON, :rk.