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HomeMy WebLinkAboutCOUNCIL MINUTES 1966-01-19 Page 7671 MINUTES OF THE FIVE HUNDRED TWENTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 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 8:10 P. M. Councilman Dooley delivered the invocation. Roll was called with the following result: Present--Rudolf R. Kleinert, John F. Dooley, James R. McCann, Edward H. McNamara, *Peter A. Ventura and Charles J. Pinto. Absent--Edward G. Milligan. "Elected and appointed officials present: Addison W. Bacon, City Clerk; Steve Polgar, City Attorney, Harry C. Tatigian, first Assistant City Attorney; Charles Hurbis, Assistant City Attorney; Victor C. Phillips, Budget Director; Don Hull, City Planner; Robert A Shaw, Director of Public Works; William Strasser, City Engineer; Henry G. Sieferd, City Assessor; David L Jones, Water and Sewer Commissioner; Carl Demek, Superintendent, Department of Public Works; Joel LaBo, Director of Public Safety, John Dufour, Superintendent, Parks and Recreation; Frank Kerby, Chief Building Inspector; Harry Wrightman and Ray Tent of the City Planning Commission. By Councilman McNamara, seconded by Councilman McCann, and unanimously adopted, it was #65-66 RESOLVED, that the minutes of the 521st regular meeting of the Council of the City of Livonia held January 12, 1966, are hereby approved. *Councilman Ventura arrived at 8:11 P. M. The President of the Council, having been requested in council resolution #51-66 to appoint a committee that he considered appropriate for the purpose of pursuing the study of the feasibility of causing the installation of a municipal incinerator in the City of Livonia, appointed Councilman McNamara, Chairman, and Councilmen McCann and Ventura to serve on the committee By Councilman McNamara, seconded by Councilman McCann, it was Page 7672 #66-66 RESOLVED, that having considered the report and recommendation of the Chairman of the Water and Sewer Board, dated January 18, 1966 approved for submission by Rudolf R. Kleinert, Mayor pro tem, setting forth its resolution adopted January 17, 1966, #WS 791 1/66, and enclosing copies of the communications from the Chief City Engineer dated January 12, 1966, approved by the Director of Public Works, and from John E. Hiltz & Associates, Inc., Consulting Engineers, dated January 12, 1966, with regard to bids received for construction of the Newburgh Water Transmission Main, the Council does hereby accept the unit price of Rocco Ferrera & Co., Inc., 30105 W Eight Mile Road, Detroit, Michigan, for the construction of the Newburgh Water Transmission Main for the estimated cost of $488,283 03, such having been in fact the lowest bid received for this item, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other 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: Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. NAYS: None. By Councilman Ventura, seconded by Councilman Pinto, it was #67-66 RESOLVED that, having considered the resolution adopted by the Water and Sewer Board on January 17, 1966, #WS 793 1/66, submitted in a letter dated January 18, 1966, approved for submission by Rudolf R. Kleinert, Mayor pro tem, the Council does hereby authorize the extension of a lateral line easterly from the Hidden Lane sewer approximately 300 feet along the existing 10 foot private lane located approximately 650 feet north of Five Mile Road at an estimated cost of $1,200.00 and the Engineering Division is authorized to prepare plans and specifications, submit the same for bids, and submit recommendations on bids to the Council, the foregoing being subject to acquisition by the City of neces- sary easements for the installation of the sanitary sewer service extension. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. NAYS: None. By Councilman Pinto, seconded by Councilman Dooley and unanimously adopted, it was #68-66 RESOLVED that, having considered the letter dated January 19, 1966, from the City Treasurer, the Council does hereby determine that the period within which taxes due December 1, 1965 may be paid without penalty is hereby extended until 5:00 P. M. Monday, February 28, 1966. Councilman McCann introduced the following Ordinance AN ORDINANCE AMENDING SECTION 5 01 OF ARTICLE V OF ORDINANCE NO. 401 KNOWN AND CITED AS THE "SPECIAL ASSESSMENT PROCEDURE ORDINANCE. " Page 7673 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances, in Lthe 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 McCann, seconded by Councilman Pinto, and unanimously adopted, it was #69-66 RESOLVED that, having considered the report and recommendation made by the Legislative Committee in its report dated December 20, 1965 and submitted pursuant to council resolution #522-65, regarding the matter of codification of the city's ordinances, Council does hereby refer the same to the Department of Law for its report and recommendation with respect to the availability of firms to perform such work, the costs involved, obtaining copies of codifications previously performed, as well as such other necessary incidental information as may be pertinent. Councilman McCann introduced the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO 500, AS AMENDED, KNOWN AND CITED AS THE "PLAT ORDINANCE" BY ADDING SECTION 6.20 TO ARTICLE VI THEREOF. 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 McCann, seconded by Councilman McNamara, and unanimously adopted, it was #70-66 RESOLVED that having considered the report and recommendation of the Legislative Committee dated December 20, 1965 and submitted pursuant to council resolution 659-65, regarding a letter dated June 18, 1965 from the Builders Association of Metropolitan Detroit suggesting modifications to the new zoning ordinance (Ordinance No. 543), the Council does hereby determine to take no action in this regard. Councilman McCann introduced the following Ordinance AN ORDINANCE AMENDING SECTION 3 9 OF ARTICLE III OF ORDINANCE NO. 446 KNOWN AND CITED AS THE "STREET ORDINANCE OF LTHE CITY OF LIVONIA." 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. Page 7671 The above Ordinance was placed on the table for consideration at the next regular Lmeeting of the Council Councilman McCann introduced the following Ordinance: AN ORDINANCE LICENSING AND REGULATING DRIVE - IN RESTAURANTS. 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 McCann, seconded by Councilman Ventura, it was #71-66 WHEREAS, the Council having considered the letter dated October 4, 1965, from the Board of Trustees of the Livonia Employees Retirement System, and the attached letter dated August 16, 1965, from the Local 192 Negotiating Committee, suggesting certain improvements; AND WHEREAS, the Council recognizes that needs for retirement are L becoming more costly in line with higher economic conditions; NOW, THEREN'ORE, BE IT RESOLVED THAT: The above mentioned communica- tions are hereby forwarded to A G. Gabriel & Company, Consulting Actuaries, First National Building, Detroit 26, Michigan, and to the Retirement Board of the City of Livonia, with a request for (1) information as to the reasonableness of the suggestions, costs of part or all of the suggestions; or, (2) estimated costs of preparing such information, recommendations or other details which may be involved in properly arriving at a decision in such matters. A roll call vote was taken on the foregoing resolution with the following result AYES: Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. NAYS: None. By Councilman McCann, seconded by Councilman McNamara, and unanimously adopted, it was #72-66 RESOLVED that, having considered the report of the Legislative Committee dated December 20, 1965, submitted pursuant to Council Resolution 996-65 regarding a proposed amendment to the Zoning Ordinance with respect to non-complying uses, Council does hereby determine to take no action in L this regard. By Councilman McCann, seconded by Councilman McNamara, and unanimously adopted, it was Page 7675 #73-66 RESOLVED that, having considered the report and recommendation of the Legislative Committee, dated December 20, 1965, pursuant to council resolution 1052-65, with respect to regulating abandoned cars on private property, the Council does hereby refer the same to the City Planning Commission on its own motion for the purpose of conducting a public hearing and thereafter submitting its report and recommendation. By Councilman McCann, seconded by Councilman McNamara, and unanimously adopted, it was #74-66 RESOLVED that, having considered the report and recommendation of the Legislative Committee dated December 20, 1965, with respect to a pro- posed amendment to Ordinance No. 543 to create Article 25 setting forth regulations for a C-3 commercial zoning classification, the council does hereby refer the same on its own motion to the City Planning Commission for the purpose of conducting a public hearing and thereafter submitting its report and recommendation By Councilman McCann, seconded by Councilman Pinto, and unanimously adopted, it was #75-66 RESOLVED that, having considered the report and recommendation of the Legislative Committee, dated December 20, 1965, submitted pursuant to council resolution 1103-65, with respect to a proposed amendment to Section 1 of Ordinance 220 which would purport to regulate the discharge of firearms, the Council does hereby determine to take no action in this regard By Councilman Dooley, seconded by Councilman Pinto, and unanimously adopted, it was #76-66 RESOLVED that, having considered the report and recommendation of the Streets, Roads and Plats Committee dated December 20, 1965 and submitted pursuant to council resolution 453-65, with regard to a com- munication from the Director of Public Safety in connection with a request made for a street light to be installed at the intersection of Pinetree and Laurel Streets, dated April 16, 1965, the Council does hereby determine to take no action in this regard. By Councilman Dooley, seconded by Councilman Pinto, and unanimously adopted, it was #77-66 RESOLVED that, having considered the report and recommendation of the Streets, Roads and Plats Committee dated December 20, 1965, sub- mitted pursuant to council resolution 1075-65, wherein the committee advises the Council that the light requested at 27549 West Six Mile Road at its intersection with Rougeway is included in the priority list sub- mitted to the Council by the City Engineer and that the installation of said street lights will be made in the normal progress of installations pursuant to the priority list, the Council does hereby determine to take no action in this regard. By Councilman Dooley, seconded by Councilman Pinto, it was Page 7676 #78-66 RESOLVED that, having considered the report and recommendation of the Streets, Roads and Plats Committee dated December 20, 1965, submitted pursuant to council resolution 1110-65, with regard to a communication from the Chief City Engineer and Superintendent of Operations, approved by the Director of Public Works, dated November 8, 1965, with respect to the city's seal coating program and the possibility of defraying the cost of said seal coating program by special assessment proceedings, the Council does hereby determine to adopt the policy of henceforth no longer seal coating roads which have heretofore been seal coated at the general expense of the city and taxpayers and that any future improvements with respect to same should be made on a special assessment basis; and further that roads which have not heretofore been seal coated shall be seal coated initially at the general expense of the city but thereafter that any improvement with respect to same shall be similarly made on a special assessment basis. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Pinto, Ventura, and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman Pinto, and unanimously adopted, it was #79-66 RESOLVED that, having considered the report and recommendation of the Streets, Roads and Plats Committee dated December 20, 1965, submitted pursuant to council resolution 1121-65, regarding a new street guide submitted by the City Planning Department, the Council does hereby refer the same back to the Planning Department for the purpose of amend- ing and modifying such map so as to delete streets and roads that are not in fact physically existent at this time; and further the City Planner (or the City Planning Commission) is requested to request the United States Post Office to indicate its position in relation to the naming of recently constructed, platted or proposed streets; and that the Planning Department (or said Planning Commission) is thereafter requested to submit its recommendation to the City Council in establish- ing a policy to be used as a guide for the naming of future streets An Ordinance Amending Section 14 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 65-9-1-33), introduced by Councilman Dooley on January 12, 1966, was taken from the table and a roll call vote conducted thereon with the following result AYES: Dooley, McNamara, McCann, Pinto, Ventura, and Kleinert. NAYS: None. ism The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. Page 7677 An Ordinance Amending Ordinance No 449 Known and Cited as the "Building Code Ordinance of the City of Livonia" by Adding Section 5.19 to Article V Thereof, introduced by Councilman McCann on January 12, 1966, was taken from the table and a roll call vote conducted thereon with the following result AYES: None. NAYS: Dooley, McNamara, McCann, Pinto, Ventura, and Kleinert The President declared the foregoing Ordinance not adopted By Councilman Ventura, seconded by Councilman Pinto, it was #80-66 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated November 16, 1965 in regard to Petition 65-8-1-29 submitted by Donald and Nettie Frick for a change of zoning on the west side of Middlebelt Road approximately 660 feet south of Seven Mile Road in the Northeast 1/4 of Section 11 from R-5 to C-2; and the City Council having conducted a public hearing with regard to this matter on January 10, 1966 pursuant to council resolu- tion No. 1179-65, and the petitioner having amended the aforesaid petition so as to request that the change of zoning be from R-5 to C-1, the Council does hereby reject the recommendation of the Planning Commission and the said amended petition 65-8-1-29 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McCann, Pinto, Ventura, and Kleinert. NAYS: McNamara. The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman Ventura, it was #81-66 RESOLVED that, having considered the communication from the Budget Director dated January 10, 1966, approved by the Mayor and sub- mitted pursuant to council resolution 1132-65 with regard to wage and salary adjustments of classifications throughout the Civil Service to be effective December 1, 1965, which were made pursuant to the action taken by the Council in resolutions 1131-65 and 1203-65, the Council does hereby authorize the following transfers to be made to the following accounts: Page 7678 TO: ACCOUNT NO. AMOUNT L Legislative 102-1 $ 579.00 Mayorts Office 107-1 1,076.00 Municipal Court 113-1 1,136.00 City Clerk 129-1 2,044.00 Accounting 137-1 897.00 Budget-Purchasing 139-1 1,932.00 Assessment 140-1 866 00 Treasurer 141-1 1,629 00 Board of Review 145-1 318 00 Law 146-1 1,705 00 Charter Commission 150-1 157 00 Election Commission 152-1 318.00 City Planning 157-1 3,698.00 Zoning Board of Appeals 158-1 232.00 Civil Service 159-1 1,938 00 Pension Fund 161-1 37.00 Library Commission 163-1 4,134 00 Civil Defense 166-1 255.00 Traffic Commission 167-1 87.00 Industrial Development 170-1 371 00 Youth Commission 171-1 472.00 Police Detective Bureau 183-1 6,398.00 Police Patrol Bureau 184-1 47,106.00 Police Traffic Bureau 187-1 2,599.00 Police General Services 188-1 2,027.00 L Fire - Fire Fighting 200-1 273.00 Director of Public Works 217-1 544.00 Inspection - Administration 219-1 2,151.00 Building & Zoning 220-1 5,606.00 Plumbing 221-1 2,329.00 Electrical 222-1 (8,256.00) Heating & Refrig. 223-1 2,075.00 Operations - Administration 235-1 3,962.00 Road Maintenance 236-1 14,315.00 Sign Maintenance 237-1 1,506 00 Storm Sewers 241-1 4,819.00 Equipment Maint. 244-1 3,803.00 Building Maint. 245-1 7,038.00 Engineering - Administration 255-1 2,408.00 Design 256-1 4,350.00 Survey 257-1 624.00 Inspection 258-1 2,804 00 Maintenance 259-1 1,082.00 Recreation 309-1 3,625 00 Parks 317-1 4,568.00 Forestry 321-1 3,259 00 the foregoing transfers to be made from the following accounts in the following amounts LFROM: Provisions for Personal Increases 340 $100,000.00 Unappropriated Surplus 64-01 44,896.00 Page 7679 TO: AMOUNT AND the following sum is hereby authorized to be expended from the Refuse Fund Budget Salaries and Wages 371.00 AND the Water and Sewer Budgets are hereby amended so as to authorize the additional expenditure of the following sums: Water Department: Field Operations Personal Services 2,342.00 Field Operations Contractual Services 206 00 Administration Personal Services 1,153.00 Administration Contractual Services 101 00 Sewer Department Field Operations Personal Services 894 00 Contractual Services 79.00 A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Ventura, Pinto, and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman McCann, it was #82-66 RESOLVED that having considered a letter from the Budget Director dated January 12, 1966, regarding a deficiency in the amount of $130 00 in the appropriation required for the 1964-5 fiscal year to be sufficient to compensate the members of the Building Code Board of Appeals for attendance at meetings, the Council does hereby authorize the sum of $130.00 to be transferred from the Unappropriated Surplus Account to Account #154-1 of the 1964-5 Budget for this purpose A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McCann, Pinto, McNamara, Ventura, and Kleinert. NAYS: None By Councilman McNamara, seconded by Councilman Dooley, it was #83-66 WHEREAS, the City of Livonia, Michigan, acting by and through the Livonia Housing Commission (herein called the "Local Authority") proposes (1) to enter into a contract (herein called the "Preliminary Loan Contract") with the Public Housing Administration (herein called the "PHA); (2) to enter into an agreement (herein called the "General Depositary Agreement") with the Livonia National Bank, 33014 Five Mile Road, Livonia, Michigan, 48154, which is a member of the Federal Deposit Insurance Corporation and Page 7680 is herein called the "Bank"); and (3) to authorize the issuance of its notes as evidence of advances to be made by the PHA to the Local Authority pursuant to the Preliminary Loan Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, AS FOLLOWS: Section 1. The Preliminary Loan Contract in substantially the form of PHA-2)480 hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the President or Vice-President of the Livonia Housing Commission is hereby authorized and directed to execute said contract in quadruplicate on behalf of the Local Authority; and the City Clerk is hereby authorized and directed to impress and attest the official seal of the City of Livonia on each such counterpart and to forward said executed counterparts, or any of them, to the PHA together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the PHA Section 2. The General Depositary Agreement in substantially the form of PHA-1999, hereto attached and marked "Exhibit B" is hereby approved and accepted both as to form and substance and the President or Vice-President of the Livonia Housing Commission is hereby authorized and directed to execute said Agree- ment in quintuplicate on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the City of Livonia to each such counterpart, and to forward three executed counterparts thereof to the PHA, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the PHA. Section 3. The President or Vice-President or the Director-Secretary of the Livonia Housing Commission is hereby authorized to file with the PHA from time to time as monies are required, requisitions together with the necessary sup- porting documents requesting advances to be made on account of the loan provided in the Preliminary Loan Contract, and the proper officers of the Local Authority shall prepare, execute, and deliver to the PHA Preliminary Notes hereinafter authorized and shall accept payment therefor from the PHA in cash and/or exchange for other notes of the Local Authority, and such persons are authorized to do and perform all other things and acts required to be done or performed in order to obtain such advances. Cash proceeds from the sale of all Preliminary Notes shall be deposited and disbursed only in accordance with the provisions of the Preliminary Loan Contract. Section Lt. (A) In order to evidence advances made by the PHA pursuant to Preliminary Loan Contract and to refund, renew, extend, or substitute for any Preliminary Notes by this Resolution authorized to be issued (or any Preliminary Notes by any other resolution authorized to be issued which are outstanding, or on deposit for delivery pending payment therefor, as of the date this Resolution becomes effective), or for any Temporary Notes issued by the Local Authority, there are hereby authorized to be issued, from time to time, Preliminary Notes of the Local Authority in an aggregate principal amount outstanding at any one time (whether authorized by this Resolution or any other resolution authorizing the issuance of Preliminary Notes) Page 7681 equal to the aggregate Estimated Cost of Preliminary Surveys and Planning specified in said Preliminary Loan Contract. (B) Each Preliminary Note shall bear interest, and shall be payable in form and manner as prescribed by the Preliminary Loan Contract and this Resolution; shall be signed in the name of the Local Authority by the Mayor of the City of Livonia, Michigan, and shall have the official seal of the City of Livonia impressed thereon attested by the City Clerk; and shall otherwise be in substantially the form of note hereto attached and marked "Exhibit C. " (C) Any notes issued pursuant to the provisions of this Resolution are a special obligation of the Local Authority and shall constitute an exclusive first lien and charge upon all of the revenues, receipts, or assets of the Housing Commission or the Local Authority now or hereafter derived from, or held or acquired in connection with, the low-rent housing projects developed pursuant to the aforesaid PHA Program Reservation (D) As additional security for the equal and ratable payment of the principal of and interest on all Preliminary Notes issued pursuant to this Resolution the Local Authority, to the fullest extent permitted by the laws of the State, hereby pledges, mortgages, conveys, and grants, unto the Public Housing Administration (or any successor to its powers, functions, and duties), all the real and tangible personal property, wheresoever situated which it has acquired or may hereafter acquire in connection with or relating to the low-rent housing undertaken pursuant to the Preliminary Loan Contract If the preceding sentence shall be adjudged by a court of competent jurisdiction to be invalid or ineffective it is the intention of the Local Authority to be fully obligated under the other provisions of this Resolution and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the principal of and interest on each Note from other funds of the Local Authority as herein provided Section 5. whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Preliminary Loan Contract shall have the respective meanings ascribed thereto in the Preliminary Loan Contract. Section 6. All resolutions or parts of resolutions heretofore adopted by the Local Authority which authorize the issuance and/or delivery of Preliminary Notes (sometimes called "Preliminary Loan Notes") pursuant to the Prelim- inary Loan Contract are hereby repealed Provided, however, That such repeal shall in no way affect the validity of Preliminary Notes or Preliminary Loan Notes issued pursuant to said resolutions which are outstanding or on deposit for delivery pending payment therefor on the date this Resolution becomes effective. Section 7 This Resolution shall take effect immediately A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Pinto, Ventura, and Kleinert. NAYS: None Page 7682 The President of the Council thereupon declared said motion carried and said resolu- tion adopted. L By Councilman McNamara, seconded by Councilman Dooley, it was #84-66 RESOLVED, that having considered a letter dated January 18, 1966 from the Department of Law regarding the cost of furnishing to the Public Housing Administration of the Housing and Home Finance Agency of the U. S of America a Position Fidelity Schedule Bond for Public Housing and/or Urban Renewal Projects (Form HHFA-6), Bond No 1304598, executed by The Travelers Indemnity Company of Hartford, Conn., by its Attorney-in-Fact, Ruth M. Schnepp, with Rider attached thereto, both dated December 20, 1965, in connection with the proposed 79-unit Senior Citizens Housing Project, the Council does hereby authorize the advance of the sum of $313.00 from the General Fund for the purpose of paying the premium on the aforesaid bond, it being the understanding of the Council that upon receipt from the U. S. of America of a preliminary loan in the amount of $15,800 the afore- said sum will be reimbursed to the General Fund; and the City Clerk and City Treasurer are herein authorized to do all other 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: Dooley, McNamara, McCann, Pinto, Ventura, and Kleinert. NAYS: None. The communication from the Mayor, dated January 5, 1966 relative to federal aid for Newburgh Road, was received and filed for the information of the Council. By Councilman Dooley, seconded by Councilman Pinto, and unanimously adopted, it was #85-66 RESOLVED, that having considered Opinion No. 66-2 from the Depart- ment of Law, dated January 6, 1966, submitted pursuant to council resolu- tions 1108-65 and 1196-65 with regard to the law applicable to lot splits, the Council does hereby determine to rescind council resolution 133-64 adopted on February 19, 1964, which purported to require that all such splits would require City Council approval; and further the Council does hereby determine that henceforth only the split of a lot into three parts or four parts, in accordance with the provisions set forth in the Plat Act, Act 172 of the Public Acts of 1929, as amended, shall require City Council approval By Councilman Dooley, seconded by Councilman Ventura, and unanimously adopted, it was #86-66 RESOLVED, that in view of the action taken by City Council in its resolution No. 85-66 whereby the Council has determined that henceforth a lot split into two parts shall not require the approval of the City Council, the Council does hereby refer the following requests for approval to the City Assessor for disposition in accordance with the provisions of the Plat Act, Act 172 of the Public Acts of 1929, as amended Page 7683 (a) Request from Henry P. Bracken for a lot split of lots 91 and 116 of Country Crest Subdivision in the NE 1/4 of Section 2 in the City of Livonia (CR 1196-65); (b) Request from H. Delbert Pretty for a split of Lot No 22 of Parkway Subdivision in the SE 1/4 of Section 13, City of Livonia; (c) Request from Stan Cort for a split of Lot 249 of Supervisors Plat #3 Subdivision in the SW 1/4 of Section 13, City of Livonia; and (d) Request from John C. Bibik for a split of Lots 121 and 122 of Bai-Lynn Park #4 Subdivision in the SW 1/4 of Section 23, City of Livonia. By Councilman Ventura, seconded by Councilman McNamara, and unanimously adopted, it was #87-66 RESOLVED, that having considered the petition received by the City Clerk on December 21, 1965 from John E. Carlson and Gladys A. Carlson, 16904 Oporto Avenue, Livonia, to divide lot No. 25 of Livrance Estates Subdivision in the NE 1/4 of Section 14, and the petition received by the City Clerk on December 14, 1965 from Theodore L. Pyrkosz, 36929 Lyndon, Livonia, to divide Lot 46 of Zimmerman & Porter's Subdivision in the SE 1/4 of Section 19, the Council does hereby table this matter to the study meeting to be held January 26, 1966. By Councilman McNamara, seconded by Councilman Dooley, it was #88-66 RESOLVED that, having considered a letter dated January 3, 1966 from The Allied Veteran's Committee of Livonia, Michigan by its adjutant Waunita Frost, 37951 Grantland, Livonia, Michigan 48150, the Council does hereby approve and authorize an advance of a sum not to exceed $1,500.00 to the Allied Veterans' Committee of Livonia for the purpose of helping defray the out-of-pocket expenses to be incurred by the organization in connection with a Memorial Day Parade (1966) to be held on Plymouth Road, and other activities related to such Memorial Day services; provided, however, that this authorization is subject to the following conditions: a) That the Allied Veterans' Committee file with the City a complete accounting of expenditures on or before June 15, 1966 indicating the specific purposes for which the aforesaid sum or any part thereof was used; and b) That the said Committee will return to the City of Livonia on or before such date any part of the aforesaid sum not expended; and further, the Council does hereby authorize an additional sum of not to exceed $500.00 to the Allied Veterans' Committee of Livonia on a matching basis so that in the event the said committee shall furnish proper documentation subject to approval by the council of donations received from other sources this latter sum may also be used for the same purposes based upon the same conditions as that hereinbefore set forth; and provided further, that the Council does hereby request the Director of Public Safety to extend the assistance of the Police Department with respect to all Page 7684 matters under its jurisdiction which may be pertinent to the success of such Memorial Day activities; and for the aforesaid purpose, the Council does hereby authorize the expenditure of a sum not to exceed $1,500.00 from the City Council Account No. 102-22-Public Relations. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Pinto, and Kleinert. NAYS: *Ventura. The President declared the resolution adopted *Councilman Ventura stated that his "no" vote was not cast against the $1,500.00 advance, but because it was his understanding, from the study meeting of the Council, that they were going to advance the sum of S2,000.00. The communication from the Mayor, dated January 4, 1966, relative to the appointment of Mr. Marvin 0. Moser to the Planning Commission, was tabled to the next regular meeting of the Council By Councilman Ventura, seconded by Councilman McCann, it was #89-66 RESOLVED that, having considered the recommendation dated Decem- ber 29, 1965 from the Traffic Commission, approved for submission by the Mayor, which transmits a copy of a letter dated December 9, 1965 from the Board of County Road Commissioners; and having considered the necessity for the installation of a traffic signal control device to be located at the intersection of Five Mile Road and Levan Road, the Council does hereby authorize the installation of same; and having been advised that the esti- mated cost of the proposed traffic signal installation is $1,260.00, does hereby approve of the City assuming fifty per cent (50%) of the total actual cost of such installation and for this purpose, the Council does hereby transfer the sum of $630.00 from the Unappropriated Surplus to the Civic Improvement Account of the Budget; also the City does hereby agree to pay the monthly electrical energy charges for such installation to the Detroit Edison Company upon completion of the installation, it being understood that the County will assume the full cost of maintaining the signal; and the Board of Wayne County Road Commissioners is hereby requested to cause such traffic signal to be installed at the aforesaid location in an expeditious manner; and the City Clerk and City Treasurer are herein authorized to do all things reasonably necessary to the full performance of this resolution; and the City Cler< is requested to send a copy of this resolution to the Board of Wayne County Road Commissioners, to the attention f the Engineer of Traffic and Safety. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Pinto, Ventzra, and Kleinert. NAYS: None Page 7685 By Councilman Ventura, seconded by Councilman McNamara, and unanimously adopted, it was #90-66 RESOLVED that, having considered a letter from Herbert M Eiges, Esq., of the law firm of Karbel, Eiges & Rothstein, Esc's., 2950 Guardian Building, Detroit, Michigan 48226, dated December. 31, 1965, in behalf of his client, Simon L. Solomon, with regard to the lighting of Six Mile Road at Fairfield and at Mayfield, the Council does hereby refer the same to the Streets, Roads and Plats Committe for its report and recommendation By Councilman Pinto, seconded by Councilman Dooley, it was #91-66 RESOLVED that, having considered the letter from the Department of Law, dated January 12, 1966, approved by the Budget Director and approved for submission by the Mayor, which re‘.luests the transfer of certain funds for the purpose pf obtaining a complete set of American Law Reports, 1st Series, Vols 1-175 with the necessary ancillary volumes, Red and Blue Books, and Digests, a series of the U. S Code Annotated complete with 1965 supplement, it being the understanding of the Council that the foregoing are second hand but in excellent condition, the Council does hereby authorize the t-'ansfer. of $1,12 .00 from Account 146-1 to Account No 146-70 of the Department of Lane A roil call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Pinto, Ventura, and Kleinert. NAYS: None. The President of the Council relinquished the Chair to the Vice-President at 9:09 P. M , tc offer the following motion By Councilman Kleinert, seconded by Councilman Dooley, it was RESOLVED that, having considered a letter dated October 20, 1965 from the Industrial. Coordinator and the Director of Public Works regarding the exchange of certain city owned property located on Stark Road, which is part of the public works yard, with property abutting t ie same which is owned by the Shepard and Young Tool Company, and having further considered a letter from the Mayor, dated November 22, 1965 and submitted pursuant to council resolution 1032 65, as w 11 as a communication dated December 14, 1965 from the Industrial Coordinator and Director of Public Works and a letter dated January 11, 1966 from the Indatrial Coordinator which indicates that the land area proposed to be exchanged and presently owned by the city is .086 of an acre less than that Ahi.ch was previously reported, and the Council having been advised with respect to this matter that the proposed exchange ,f 1.52 L acres of city property fo.t 1 786 acres of property waned by the Shepard and Young Tool Company would result in a more compatible design with greater utility and use of the city's public works facilities as well as result in an increase t) the city's indnotrial tax base; accord- ingly, the Council does hereby r-:quest ' hat the Mayor, City Clerk and the Department of Law do all things necessary in .,rder to effect the proposed land exchange. Page 7686 By Councilman McNamara, seconded by Councilman Ventura, it was LRESOLVED that, having considered a letter dated October 20, 1965 from the Industrial Coordinator and the Director of Public Works regarding the exchange of certain city owned property located on Stark Road, which is part of the public works yard, with property abutting the same which is owned by the Shepard and Young Tool Company, and having further considered a letter from the Mayor, dated November 22, 1965 and submitted pursuant to council resolution 1032-65, as well as a communication dated December 14, 1965 from the Industrial Coordinator and Director of Public Works and a letter dated January 11, 1966 from the Industrial Coordinator which indicates that the land area proposed to be exchanged and presently owned by the city is .086 of an acre less than that which was previously reported, and the Council having been advised with respect to this matter that the proposed exchange of 1.521 acres of city property for 1 786 acres of property owned by the Shepard and Young Tool Company would result in a more compatible design with greater utility and use of the city's public works facilities as well as result in an increase to the city's industrial tax base; accordingly, the Council does hereby table this matter pending further report from the Mayor. A roll call vote was taken on the tabling resolution with the following result AYES McNamara and Ventura NAYS: Dooley, Kleinert, Pinto, and McCann The Vice-President declared the tabling resolution denied. A roll call vote was taken on the original resolution with the following result: AYES: Dooley, Kleinert, and McCann NAYS: McNamara, Ventura, and Pinto. The Vice-President declared the resolution denied. By Councilman Ventura, seconded by Councilman Pinto, it was #92-66 RESOLVED that, having considered a letter dated October 20, 1965 from the Industrial Coordinator and the Director of Public Works regarding the exchange of certain city owned property located on Stark Road, which is part of the public works yard, with property abutting the same which is owned by the Shepard and Young Tool Company, and having further considered a letter from the Mayor, dated November 22, 1965 and submitted pursuant to council resolution 1032-65, as well as a communication dated December 14, 1965 from the Industrial Coordinator and Director of Public Works and a letter dated January 11, 1966 from the Industrial Coordinator which indicates that the land area proposed to be exchanged and presently owned by the city is .086 of an acre less than that which was previously reported, and the Council having been advised with respect to this matter that the proposed L exchange of 1.521 acres of city property for 1 786 acres of property owned by the Shepard and young Tool Company would result in a more compatible design with greater utility and use of the city's public works facilities as well as result in an increase to the city's industrial tax base; accord- ingly, the Council does hereby refer this matter back to the Mayor for his further :port and recommendations Page 7687 A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, Ventura, Pinto, Kleinert, and McCann NAYS: None. The President resumed the chair at 9 20 P. M By Councilman Ventura, seconded by Councilman Pinto, and unanimously adopted, it was #93-66 RESOLVED, that Petition No 66-1-3-1 submitted by Rodney C. Kropf, as attorney for the Volk-Rovsek Building Company dated December 31, 1965, received by the City Clerk January 12, 1966, for the vacation of a certain easement being the north 12 feet of lot 96, Golf View Meadows Sub #1 in the northeast 1/4 of Section 17, City of Livonia, Wayne County, Michigan, is hereby referred to the City Planning Commission for action and recom- mendation according to law and Ordinance No. 29, as amended. By Councilman Dooley, seconded by Councilman Pinto, and unanimously adopted, it was #94-66 RESOLVED that regular meeting of the Council of the City of Livonia for the month of February, 1966 will be held on Wednesdays, February 2, 9, and 23 at 8:00 P M. By Councilman Ventura, seconded by Councilman Dooley, and unanimously adopted, it was #95-66 RESOLVED that the Council does hereby rescind council resolution 1190-65 adopted December 15, 1965, relative to the Plymouth Road Parking Study. By Councilman Dooley, seconded by Councilman Ventura, and unanimously adopted, it was #96-66 RESOLVED that, having considered the communication from the Planning Director and the City Planning Commission, dated December 8, 1965, which submits a Plymouth Road Parking Study prepared by the City Planning Depart- ment and the Engineering Division, and in view of the numerous complaints received from residents in the area regarding the same, the Council does hereby take this means to advise the City Planning Department that it rejects the concept of utilizing residential area with regard to establishing munici- pal parking lots in these districts and requests that the Planning Department submit an alternate plan with respect to same By Councilman Dooley, seconded by Councilman Ventura, and unanimously adopted, it was #97-66 RESOLVED that having considered the communication dated January 19, 1966, from the City Planning Commission which transmits its resolution Page 7688 1-2-66, adopted by the Commission on January 4, 1966, with regard to Petition No. 65-11-2-13 by Marvin A. Canvasser requesting permission to construct a Class C liquor licensed establishment on parcel 240LBal, locabed in the Buckingham Plaza Shopping Center at the no-thwest corner of Schoolcraft Road and Inkster Road in Section 214, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 65-11-2-13 is hereby approved and granted. By Councilman Ventura, seconded by Councilman Dooley, and unanimously adopted, it was #98-66 RESOLVED that the City Attorney be requested to report to the Council as to the legality of designating local banks as tax collection agencies for collecting City of Livonia taxes, and what steps can be taken to effectuate this matter. On motion of Councilman. McCann, seconded by Councilman Ventura, and unanimously adopted, this 522nd regular meeting of the Council of the City of Livonia was duly adjourned at 9:29 P. M. , January 19, 1966. - 401MI ADDISON W. BACON, VS1Birrk