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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-09-10 10791 1. MINUTES OF THE SIX HUNDRED SIXTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 10, 1969, 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 8:21 P. M.. Councilman Nash delivered the invocation. Roll was called with the following result: Present--Edward H. McNamara, Rudolf R. Kleinert, Peter A. Ventura, Robert F. Nash and Robert E. McCann. Absent--Edward G. Milligan and Jerry Raymond (Excused). Elected and appointed officials present: Virginia G. Handzlik, Deputy City Clerk; Harry C. Tatigian, City Attorney; Robert A. Shaw, Director of Public Works; William J. Strasser, City Engineer; Ed Siemert, Assistant City Engineer; Don Hull, City Planner; John T. Dufour, Superintendent of Parks and Recreation; James I, Miller, Personnel Director, Donald Nicholson, Director of Public Safety, Dan Andrew, Industrial Coordinator; David L. Jones, Water and Sewer Commissioner; Stanley Bien, Chief Librarian; H. L. Bridges, Personal Property Auditor; Victor C. Phillips, Budget Director, Marvin Moser, Planning Commission; Robert Bennett, Zoning Board of Appeals; and John Stymelski, Traffic Commission. By Councilman McCann, seconded by Councilman Nash, and unanimously adopt- ed, it was #973-69 RESOLVED, that the minutes of the 659th regular meeting of the Council of the City of Livonia, held September 3, 1969, are hereby approved. By Councilman McCann, seconded by Councilman Ventura, it was #974-69 RESOLVED, that the Council does hereby determine to reconsider their action taken in Council Resolution #941-69, adopted on September 3, 1969, with respect to the purchase of a road grader for the Operations Division. to A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, McCann and McNamara. NAYS: Nash and Kleinert. The President declared the resolution adopted. 10792 By Councilman Ventura, seconded by Councilman Nash, it was #975-69 RESOLVED, that having considered a communication dated August 7, 1969 from the Superintendent of Operations, Director of Public Works and the Budget Director, and approved for submission by the Mayor relative to the acceptance of a bid for supplying the Operations Division with one road grader, and having determined to reconsider their action taken in Council Resolution #941-69, adopted on September 3, 1969, the Council does hereby refer this matter to the Committee of the Whole for its considera- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Ventura, McCann and McNamara. NAYS: Kleinert. The President declared the resolution adopted. The following resolution was unanimously offered, supported and adopted: #976-69 WHEREAS, September 1, 1969 marks the Twenty-fifth Silver Jubilee Celebration of the Roma Halls and the Seventieth Birthday of the Founder and President Mrs. Lucia Paparelli, better known with both respect and affection by her many friends, associates and employees as Mama, and WHEREAS, the City of Livonia is proud to have located within it the Roma Hall of Livonia since the same is acknowledged to be an asset to this community, and WHEREAS, Mama Paparelli, some fifty years ago, came to this country from her native Italy as an immigrant with no money or command of the English language and has been instrumental in establishing and building the Roma Hall Incorporated and Roma Catering Incorporated enterprises into the thriving operation that it presently is, and WHEREAS, Mama continues today in the Roma enterprises to help further this worthwhile enterprise and thereby serve the needs of thousands of people who every year use the facilities of the Roma Halls, NOW, THEREFORE, BE IT RESOLVED, that having earned the admiration and respect of the City Council, the Council believes that it is fitting and proper to record at this time its best wishes and congratulations to the Roma Halls and especially to Lucia Paparelli on this happy occasion, and to wish Mama continued success in all of her endeavors. By Councilman Nash, seconded by Councilman Ventura, it was #977-69 RESOLVED, that having considered a communication from the Mayor, dated September 8, 1969, relative to the purchase of a concrete compression tester for the Engineering Division, the Council having determined to reject all bids in Council Resolution #943-69, adopted on September 3, 1969, the Council does hereby determine to refer this matter to the Regular Meeting to be held September 24, 1969 for consideration. 10793 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Ventura, McCann and McNamara. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McCann, it was #978-69 RESOLVED, that having considered a communication from the Depart- ment of Law dated September 10, 1969 with regard to the need of obtaining the services of the Tract Index Department of the Wayne County with respect to certain title work relating to the proposed acquisition of rights-of-way on Newburgh Road, the Council does hereby authorize the expenditure of a sum not to exceed $120.00 from the $9.8 million General Obligation Bond Issue for this purpose, and the City Clerk and City Treasurer are hereby requested 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: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #979-69 RESOLVED, that having considered a communication from the Director of Public Safety, dated August 25, 1969, approved for submission by the Mayor, which submits a communication from W. B. Washington, Acting District Traffic and Safety Engineer, by A. R. Briere-Assistant, Michigan State Highway Department, dated August 13, 1969, with regard to the in- stallation of a traffic control signal device to be located on I-96 (Schoolcraft Road) at Stark Road, the Council does hereby agree to and approves of the City of Livonia participating in the actual cost of installation and in the future maintenance of the aforesaid traffic signal control device to the extent of 33-1/3%, the total estimated cost of such installation being in the amount of $3,672.00, and the City's estimated cost of participation shall be in the amount of $1,224.00; further, the Council does hereby authorize the transfer of a sum not to exceed $1,224.00 from the Reserve for Contingencies Account to the Civic Improve- ment Account of the Budget for the purpose of installation of said traffic control device; and the Mayor and City Clerk are hereby authorized to execute in behalf of the City of Livonia the proposed cost agreement for the traffic control in this regard; and further, the City Clerk is hereby requested to forward two (2) certified copies of this resolution, together with the signed cost agreement, to the Michigan State Highway Department, 18101 Nine Mile Road, Southfield, Michigan, to the attention of Mr. W. B. Washington. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. 10794 Councilman Nash gave first reading to the following Ordinance: ORDINANCE AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO ANNUAL CONTRIBUTIONS CONTRACT NO. C-597 AND ISSUANCE OF PROJECT LOAN NOTES AND PERMANENT NOTES. 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. Councilman Nash invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 401, AS AMENDED, KNOWN AND CITED AS THE "SPECIAL ASSESSMENT PROCEDURE ORDINANCE" OF THE CITY OF LIVONIA BY AMENDING SECTION 6.05 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS : None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Ventura, seconded by Councilman Kleinert, it was #980-69 RESOLVED, that having considered a communication from Fischer, Sprague, Franklin & Ford, attorneys in behalf of The Detroit Edison Company, the Council does hereby determine to table the roll call vote on the proposed amendment to Ordinance 500, Plat Ordinance, relative to underground wiring requirement in existing subdivisions, introduced on September 3, 1969, to the next study session to be held September 17, 1969. 10795 A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura and McNamara. NAYS: McCann. The President declared the resolution adopted. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 12 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. RE: PET. 65-8-1-2 FOR CHANGE OF ZONING FROM R-1 to R-7, INTRODUCED BY COUNCILMAN VENTURA ON SEPTEMBER 3, 1969. A roll call vote was taken on the foregoing Ordinance with the following result• LieAYES: Nash, Kleinert, Ventura and McCann. NAYS: McNamara. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 29 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. RE: PET. 69-3-1-11 FOR CHANGE OF ZONING FROM C-2 TO M-1, INTRODUCED BY COUNCILMAN VENTURA ON SEPTEMBER 3, 1969. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. ]0796 Councilman Ventura took from the table for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 2 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. RE: PET. 69-2-1-5 FOR CHANGE OF ZONING FROM RUF TO R-5, INTRODUCED BY COUNCILMAN MILLIGAN ON SEPTEMBER 3 1969. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 2 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. RE: PET. 69-3-1-8 FOR CHANGE OF ZONING FROM RUF TO R-4,INTRODUCED BY COL'TTCILMAN VENTURA ON SEPTEMBER 3,1969 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #981-69 RESOLVED, that the Council does hereby determine to table the roll call vote on proposed amendment to Zoning Ordinance with respect to Petition 69-2-1-2 submitted by Groesbeck Corporation for change of zoning from RUF to C-2 in Section 2, introduced by Councilman Ventura on Sept. 3, 1969, to the Regular Meeting of the Council to be held on Sept. 24, 1969. 10797 By Councilman Nash, seconded by Councilman Kleinert, it was #982-69 RESOLVED, that having considered the report and recommendation dated May 8, 1969 from the City Planning Commission which sets forth its resolution #4-47-69 in regard to Petition No. 69-2-6-4 submitted by the City Planning Commission on its own motion to determine whether or not to amend Section 22.02 of Ordinance No. 543, as amended, to clarify the difference between a zoning compliance permit and a building permit, and the Council having conducted a public hearing in regard to this matter on July 9, 1969 pursuant to council resolution #586-69, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition No. 69-2-6-4 is hereby approved and granted; and the Department of Law is hereby 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: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #983-69 RESOLVED, that having considered the report and recommendation dated May 9, 1969 from the City Planning Commission, which sets forth its resolution #4-48-69 in regard to Petition No. 69-2-6-5 submitted by the City Planning Commission on its own'motion to amend Section 22.09 of Ordinance 543, as amended, the Zoning Ordinance, to simplify the procedure for obtaining a temporary certificate of occupancy, and the Council having conducted a public hearing with regard to this matter on July 9, 1969 pursuant to council resolution #586-69, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition No. 69-2-6-5 is hereby approved and granted; and the Department of Law is hereby 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: Nash, Kleinert, Ventura, McCann and McNamara. NAYS : None. By Councilman Kleinert, seconded by Councilman Nash, it was #984-69 RESOLVED, that having considered a communication from the City Planning Commission dated August 7, 1969 which transmits its resolution #7-106-69 wherein the City Planning Commission did purport to amend Part VI of the Master Plan of the City of Livonia, entitled "The Master Fire Station Plan," so as to include a parcel 200 x 300 located on the north side of Five Mile Road, west of Middlebelt Road, in Section 14, as a fire station site, the legal description of which is set forth in the aforesaid action, the Council does hereby acknowledge receipt of the same. 10798 A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. The communication from the Deputy Drain Commissioner of the Wayne County Drain Commission, dated June 30, 1969, with respect to funds for the construction of Livonia Drain No. 30, CR-575-69, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Kleinert, it was #985-69 RESOLVED, that having considered a communication dated June 30, 1969 from the Supt. of Operations Division, Director of Public Works and the Budget Director, approved for submission by the Mayor, the Council does hereby determine to accept the bid of Gar Wood-Detroit Truck Equip., 21083 Mound Road, Warren, Michigan, 48089, for supplying the Operations Division with one new Mobil I-TE-4 Street Sweeper with single gutter broom and automatic transmission at a cost of $15,840.00 plus $350.00 for automatic transmission (Alternate #2), less $2,883.00 for trade-in of a 1956 Wayne Sweeper, Model IND. 5A-1450 (DPWVeh. #99) for a net cost of $13,307.00, the same having been in fact the lowest bid meeting all specifi- cations; further, the Council does hereby authorize the Budget Director to make such purchase and arrange for the financing of the same in the following manner: payment of $4,167.00, such sum having been provided in the 1968-69 budget, and the balance of $9,140.00 to be paid in two equal annual installments and to be evidenced in two promissory notes each to bear an interest rate not to exceed 4-1/2 per centum per year and said notes to be executed with the Livonia National Bank of Livonia, Michigan, further, the City Clerk is hereby authorized to execute such notes in behalf of the City subject to approval as to form by the City Attorney; and the City Clerk and the City Treasurer are hereby requested 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: Nash, Kleinert, Ventura, McCann and McNamara. NAYS : None. By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was 10799 #986-69 RESOLVED, that having considered a communication dated July 7, 1969 from the Mayor to which is attached a communication from the President of the Michigan Municipal League with respect to the City's membership in the Michigan Good Roads Federation, the Council does hereby reaffirm the action taken in Council Resolution #231-69 wherein it was determined that the City of Livonia will not continue its membership in the Michigan Good Roads Federation at this time. By Councilman Ventura, seconded by Councilman Kleinert, it was #987-69 RESOLVED, that having considered a communication from the Industrial Development Coordinator dated June 24, 1969, approved by the Mayor, which transmits its resolution #179-5-69 wherein it is requested that the position of Assistant to the Industrial Development Coordinator be established, the Council does hereby refer the same to its hearings to be conducted in connection with the adoption of the new 1969-1970 City Budget. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #988-69 RESOLVED, that having considered a communication from the Personnel Director dated July 1, 1969, approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commis- sion on June 24, 1969 wherein a request is made for an appropriation of $900.00 for the balance of the fiscal year 1968-69 to be used for the purpose of advertising for vacant city positions, the Council does hereby determine to transfer the sum of $600.00 from Acct. #160-29 to Acct. #160-23 and the sum of $300.00 from the Reserve for Contingencies Acct. to Acct. 160-23 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #989-69 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated May 21, 1969, and the report and recomrn ndation dated August 11, 1969 from the Director of Public Safety in connection therewith, the Council does hereby indicate that it has no objection to the request from Louis Attiq for transfer of ownership of 1969 SDD-CDM licenses from Shawky Mousa to be located at 28225 Five Mile Road, Livonia, Michigan, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission together with a copy of the aforesaid communication from the Director of Public Safety wherein it is recommended that this transfer not be approved due to ,Tr.Attiq's lack of available r6sources to support his purchase of the Livonia-Meadowdale Market. 10800 LIt roll call vote was taken on the foregoing resolution with the following result. AYES : Nash, Kleinert, Ventura, McCann and McNamara. NAYS : None. The communication from the Department of Law, dated August 13, 1969, relative to the case of Timpona vs. City of Livonia, et, CR-803-69, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Kleinert, it was #990-69 RESOLVED, that having considered a communication from the Chief Inspector of the Bureau of Inspection and the Director of Public Works dated August 8, 1969, approved for submission by the Mayor, with respect to mileage for the Bureau of Inspection for the balance of the fiscal year, the Council does hereby authorize the transfer of $1410.00 from the Reserve for Contingencies Account to the following Accounts in the following amounts: Car Allowance - (Plumbing) Account No. 221-6 - - $425.00 (Electrical) Account No. 222-6 - - 627.00 (Heating) Account No. 223-6 - - 358.00 $1410.00 A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #991-69 RESOLVED, that having considered a communication from Joseph B. Monaco dated June 5, 1969 and having also considered his presentation, given at the study session of the Council conducted on June 18, 1969, relative to the development of Mr. Monaco's property which is located on the east side of Farmington Road immediately south of the Civic Center, and having also considered a communication from the City Planning Commis- sion dated August 11, 1969 with respect to this matter, the Council does hereby determine on its own motion to refer this matter to the City Plan- ning Commission for the purpose of conducting the necessary Public Hearings and thereafter submit its report and recommendation to the Council in accordance with the provisions which are set forth in Article Xf'TEE of the Zoning Ordinance as amended, in order to implement the zonim}g chPlages required and which have been suggested at this time by Mr. Monacor A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. 10801 By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was 4992-69 RESOLVED, that the Council does hereby request the Department of Law to submit its opinion with respect to the meaning and application of paragraphs (a) and (b) of Section 23.01 of the Zoning Ordinance, Ordinance No. 543 as amended, particularly with respect to the discretion, if any, of the City Planning Commission to conduct a public hearing upon request made by the City Council. By Councilman Kleinert, seconded by Councilman Ventura, it was 4993-69 WHEREAS, it is necessary to locate, establish, construct and enclose a branch and extension of an existing County Drain, known as Livonia Drain No. 17, to be located entirely within the limits of the City of Livonia, the location and route of said branch and extension being as follows: EXTENSION: A closed drain beginning at a point on the westerly line of the S.E. 1/4 of the N.E. 1/4 of Section 25, City of Livonia, Wayne County, Michigan; said point being approximately 1320 ft. south of the northerly line of Section 25, thence southerly along the westerly line of the S. E. 1/4 of the N.E. 1/4 of Section 25 to a point approximately 20 ft. north of the northerly boundary of the Chesapeake and Ohio Railroad right-of-way. BRANCH #1: A closed drain beginning at a point on the westerly line of the S. E. 1/4 of the N.E. 1/4 of Section 25, which point is approximately 390 ft. northerly from the northerly boundary of the Chesapeake and Ohio Railroad right-of-way; thence easterly and parallel to the northerly line of the S.E. 1/4 of the N.E. 1/4 of said Section 25 approximately 400 ft. AND WHEREAS, in the opinion of the City Council, the location, establishing, constructing and enclosing of said extension and branch is 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 40, 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 trc public health of the City and where the entire cost of the same is to bp assessed wholly against public corporations, as defined in said Chapter 20, AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigcr, 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." 10802 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 extension and branch 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 extension and branch set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Kleinert, it was #994-69 RESOLVED, that having considered a communication from the Water and Sewer Board, dated July 17, 1969, approved for submission by the Mayor, which transmits its resolution #WS 1229 6/69 wherein it is recom- mended that Section 8 of the Water Rate Ordinance, Ordinance No.396 as amended 1be amended, the Council does hereby refer the same to the Depart- ment/ o a preparation of the requested ordinance amendment for sub- mission to Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. The communication from the Tyler School P.T.A., dated July 15, 1969, with respect to access to the Tyler School, was received and filed for the information of the Council. Councilman McCann gave first reading to the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 145, AS AMENDED, KNOWN AND CITED AS THE "MISDEMEANOR ORDINANCE" BY AMENDING SECTION 3.1 THEREOF. 10803 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 Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #995-69 RESOLVED, that having considered a communication from Mrs.Jerry Cahill, 31170 W. Chicago, Livonia, Michigan, dated July 29, 1969, with respect to certain traffic problems on West Chicago between Sunset and Merriman, the Council does hereby refer the same to the Traffic Commission and the Police Division for their respective reports and recommendation with respect to this matter. The communication dated August 1, 1969 from the Department of Law, in response to Council Resolution #181-69, with respect to proposed grade separations where the C & 0 Railroad traverses Merriman Road and Newburgh Road, was received and filed for the information of the Council. By Councilman Kleinert, seconded by Councilman Ventura, it was #996-69 RESOLVED, that having considered a communication from the City Engineer dated August 1, 1969, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the need for an easement in the vicinity of property located at 38427 Five Mile Road, Livonia, Michigan, to complete the construction of a water main to serve the Blue Grass Farms Subdivision and the extension of the Castle Gardens Subdivisions, the Council does hereby request the Wayne County Road Commission to expedite its program for acquiring the Five Mile Road right-of-way with respect to the aforesaid parcel, 38427 Five Mile Road, Livonia, Michigan, so that the aforesaid water main easement problem can be feasibly resolved; and the City Clerk is hereby requested to immediately transmit a copy of this resolution to the Board of Wayne County Road Commissioners, City-County Building, Detroit, Michigan, 48226. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was 10804 *997-69 RESOLVED, that having considered a communication from the Water and Sewer Board dated July 28, 1969, approved for submission by the Mayor, which transmits its resolution #WS 1252 7/69, the Council does hereby authorize the extension of sanitary sewers for Lyndon Avenue and Oakley Avenue in Section 24, between Harrison Avenue and Lyons Avenue, and with respect to the sewer extension on Lyndon Avenue requests and authorizes that such work be performed as an additional item on the Bassett Drive Sanitary Sewer Contract; further, with respect to the sewer extension on Lyndon Avenue, requests that the Wayne County Road Commission authorize an expenditure not to exceed $3,230.00 from the surplus funds of the 1964 Sanitary Sewer Bond Issue (#210) to cover the cost of the subject sanitary sewer installation; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Board ofWayne County Road Commissioners of Wayne County; and further, the Director of Public Works, the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES : Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #998-69 RESOLVED, that having considered a communication from the Director of Public Safety, approved for submission by the Mayor, dated July 29, 1969, with respect to the need for additional funds for the Police Division Overtime Account, the Council does hereby determine to appropriate and transfer the sum of $26,000 from the Reserve for Contin- gencies Account to the Police Overtime Account, Acct. #189-0T. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #999-69 RESOLVED, that having considered a communication from the Director of Civil Defense, dated July 28, 1969, approved for submission by the Mayor, with respect to an additional salary appropriation for auxiliary police, the Council does hereby appropriate and transfer the sum of $4,000.00 from the Reserve for Contingencies Account to Civil Defense Account No. 166-1. A roll call vote was taken on the foregoing resolution with the following result. AYES* Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was 10805 #1000-69 RESOLVED, that having considered a communication from the City Manning Commission dated August 5, 1969 which transmits a report prepared pursuant to council resolution #303-69 concerning the extension of Hathaway Avenue from Stark Road to Wayne Road, wherein it is recommended that Hathaway Avenue not be extended from Stark Road to Wayne Road but rather that Laurel Avenue be extended south for a distance of two lots in an eastward direction to intersect with Stark Road, the Council does hereby determine to indicate its approval in principle with the recommendation of the Planning Commission and thereby reject the prior recommendation of the Traffic Commission that Hathaway Avenue be extended from Stark Road to Wayne Road. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #1001-69 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. Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 24 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. RE: PET. 69-4-1-14 FOR CHANGE OF ZONING FROM R-1 TO C-2. 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 Kleinert, seconded by Councilman Nash, it was #1002-69 RESOLVED, that having considered a communication dated September 9, 1969 from the City Engineer and the Assistant City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the Purlingbrook Avenue Sanitary Sewer Extension north of Six Mile Road, the Council does hereby amend Council Resolution #883-69 adopted on August 6, 1969 so as to provide that the work therein 10806 authorized shall be included as an additional item to the Bassett Drive Water Main and Sanitary Sewer Extension contract previously awarded to the I. & T. Equipment Company, and the Director of Public Works, City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #1003-69 RESOLVED, that having considered a communication from the City Engineer and the Assistant City Engineer, dated September 5, 1969, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby approve of the enclosing of the Wolfram Drain east of Doris Avenue in Section 14 of the City of Livonia at an estimated cost of $2100.00, based on the Engineering Division's estimate of units of work involved; and the Council does hereby authorize the addition of this work to the present contract with the Thompson- McCully Asphalt Paving Company, 5905 Belleville Road, Belleville, Michigan, for the paving of Doris Avenue from Five Mile Road to Puritan Avenue; and the Council does hereby further authorize an advance in an amount not to exceed $2100.00 from the $9,800,000.00 General Obligation Street and Road Bond Issue, which amount is to be reimbursed from the proceeds from the anticipated sale of bonds for the Livonia Drain No. 6 Extension and Branches Project; and the Director of Public Works, City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Nash, it was #1004-69 RESOLVED, that having considered a communication from the Rosedale Civic Association dated September 10, 1969 with respect to a cooperative tree planting venture with the City of Livonia in the Rosedale Gardens Subdivision, the Council does hereby authorize the sale of the following trees and materials by the City to the Rosedale Civic Association in numbers and quantities to be determined by the Director of Public Works for the following prices: 1. Norway Maples - $7.20 each 2. Locust - $7.60 each 3. Crimson King Maple - $10.20 each 4. Green Spire Linden - $11.20 each 5. Stakes, wrap and rope - $ 1.00 per tree 10807 further, this action is taken with the understanding that the City does not guarantee that such trees will survive and that the Department of Public Works shall only be required to demonstrate how such trees should be planted at the time of the first planting only; and further, the Council does hereby authorize the Director of Public Works, the City Clerk and the City Treasurer to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, McCann and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, this 660th regular meeting of the Council of the City of Livonia, was duly adjourned at 9:37 P. M., September 10, 1969. __________ ___ ADDISON W. BACON, ity Clerk.