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HomeMy WebLinkAboutCOUNCIL MINUTES 1968-09-25 9906 MINUTES OF THE SIX HUNDRED TWENTY THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 25, 1968, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:01 P. M. . Councilman Raymond delivered the invocation. Roll was called with the following result: Present--Edward H. McNamara, Rudolf R. Kleinert, Peter A. Ventura, Jerry Raymond, Robert E. McCann, Robert F. Nash and *Edward G. Milligan. Absent--none. Elected and appointed officials present: Addison W. Bacon, City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, Chief Assistant City Attorney; Robert A. Shaw, Director of Public Works; David L. Jones, Water and Sewer Commissioner; William J. Strasser, City Engineer; John T. Dufour, Superintendent of Parks and Recreation; Carl Demek, Superintendent of Operations Division; Don Hull, City Planner; Henry Sieferd, City Assessor, Dan Andrew, Industrial Coordinator, Victor C. Phillips, Budget Director; Thomas J. Griffiths, Jr. , Chief Accountant; Raymond Danaher, Budget Analyst, Marie Talbot, Court Clerk, Robert Menzies, Planning Department, Charles Cook, Livonia Housing Commission; and John Stymelski, Traffic Commission. By Councilman McCann, seconded by Councilman Nash, and unanimously adopted, it was #1079-68 RESOLVED, that the minutes of the 622nd regular meeting of the Council of the City of Livonia, held September 18, 1968, are hereby approved. Councilmen Ventura took from the table, for second reading and adoption, the following Ordinance : AN ORDINANCE AMENDING ORDINANCE NO. 449, AS AMENDED, KNOWN AND CITED AS THE "BUILDING CODE ORDINANCE OF THE CITY OF LIVONIA," BY AMENDING SECTION 4.09 OF ARTICLE IV THEREOF. A roll call vote was taken on the forepaing resolution with the following result: AYES : Raymond, McCann, Nash, Kleinert, Ventura and McNamara. NAYS : None. 9907 LThe President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Nash took from the table for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 10 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: PETITION NO. 68-1-1-3 FOR CHANGE OF ZONING FROM R-1 TO PS INTRODUCED BY COUNCILMAN NASH ON SEPTEMBER 18, 1968. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Raymond, McCann, Nash, Kleinert, Ventura and McNamara. NAYS : None. LThe President declared the foregoing Ordinance duly adopted, and would become effective on publication. The Municipal Court report for the month of August, 1968, was received and filed for the information of the Council. The communication from the Department of Law, re: C & W Homes, Inc. v. City of Livonia Board of Appeals (Civil Action #107-846), was received and filed for the information of the Council. The communication from the Department of Law relative to "Ruth Sullivan and the North Central Livonia Civic Association v. City of Livonia", was received and filed for the information of the Council. The communication from the Department of Law, dated September 16, 1968, in answer to council resolution No. 960-68, relative to the disposition of funds from LParks and Recreation Activities, was received and filed for the information of the ' Council. 99C8 By Councilman Nash, seconded by Councilman McCann, it was #1080-68 RESOLVED, that having considered a communication from the Budget Director and the Director of Public Safety, dated August 29, 1968, approved for submission by the Mayor, the Council does hereby accept the bid of Euthanair Company, 13644 E. Camilla Street, Whittier, California, 90601, for supplying the City with a Decompression Chamber, Satellite Chamber, Vacuum Pump and Electric Motor for the price of $2,575.00, the same having been in fact the lowest and only bid received for this item. A roll call vote was taken on the foregoing resolution with the following result- AYES: Raymond, McCann, Nash, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #1081-68 RESOLVED, that having considered a communication from the Director of Public Safety and the Budget Director, dated August 29, 1968, approved for submission by the Mayor, the Council does hereby accept the bid of Cushman Electronics, Incorporated, 166 San Lazard, Sunnyvale, California 94086, for supplying the City with a Cushman CE-3 FM Communica- tions Monitor for the price of $3606.10, the same having been in fact the lowest and only bid received for this item. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, McCann, Nash, Kleinert, Ventura and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Kleinert, it was #1082-68 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, Director of Public Works and the Budget Director, dated September 17, 1968, and approved for submission by the Mayor, the Council does hereby accept the bid submitted by the Goodyear Tire and Rubber Company, 29100 Plymouth Road, Livonia, Michigan 48150, with respect to the following items: A. Discount below "Net State Price List" on purchaseof new tires and tubes: 10% and 10% on passenger tires & tubes 10%, 10% and 5% on truck tires & tubes B. Repair and Maintenance of Tires and Tubes: 1. Remove & mount replacement tire from stock N.C. 2. Flat repair of truck tire 3.50 3. Flat repair of heavy equipment tire 10.00 4. Recaps - 5 off list 40% 5. Does service include chloriding? no 9909 such bid to be in effect for the period of one year from September 1, 1968 through August 31, 1969, the same having been in fact the lowest bid received for these items in the manner indicated. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #1083-68 RESOLVED, that having considered a communication dated September 10, 1968 from the City Planning Commission which transmits its resolution #8-96-68 adopted by the Commission on August 27, 1968 with regard to Petition 68-7-2-15 submitted by Joseph J. Handzlik, requesting permission to construct a St. Michael Livonia Federal Credit Union office as a waiver use on property zoned PS and located on the west side of Farmington Road between Plymouth and Orangelawn in the N. E. 1/4 of Section 33, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 68-7-2-15 is hereby approved and granted, subject to adherence to Site Plan P-1 dated September 3, 1968. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #1084-68 RESOLVED, that the preliminary plat of the proposed Mallon Estates Subdivision (formerly H. E. Mallon Subdivision No. 1) situated in the S. E. 1/4 of Section 3, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on January 16, 1968 by its resolution #1-5-68 and approved by the City Council on July 17, 1968 in its resolution #762-68, and a report dated September 6, 1968 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, indicating that substantial compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Commission having approved the final plat of Mallon Estates Subdivision on August 27, 1968 in its resolution #8-99-68, the Council does hereby determine to grant its approval to the Final Plat of Mallon Estates Subdivision, located in the S. E. 1/4 of Section 3, City of Livonia, Wayne County, Michigan, as submitted by Anthony J. Margiotta, 14489 Park Avenue, Livonia, Michigan, as proprietor, the proprietor thereof being required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, the Plat Ordinance of the City of Livonia, Ordinance No. 500, as amended, and the resolutions-of the City Council of the City of Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Kleinert, Ventura and McNamara. NAYS: None. 9910 By Councilman Nash, seconded by Councilman Kleinert, it was #1085-68 RESOLVED, that the preliminary plat of the proposed Mallon Subdivision (formerly H. E. Mallon Subdivision No. 2), situated in the E. 1/2 of Section 3, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on January 16, 1968 by its resolution #1-6-68 and approved by the City Council on June 5, 1968 in its resolution #618-68, and a report dated September 6, 1968 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, indicating that substantial compli- ance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Commission having approved the final plat of Mallon Subdivision on August 27, 1968 in its resolution #8-100-68, the Council does hereby determine to grant its approval to the Final Plat of Mallon Subdivision, located in the E. 1/2 of Section 3, City of Livonia, Wayne County, Michigan, as submitted by Anthony J. Margiotta, 14489 Park Avenue, Livonia, Michigan, as proprietor, the proprietor thereof being required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, the Plat Ordinance of the City of Livonia, Ordinance No. 500, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result- AYES: Raymond, McCann, Nash, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #1086-68 WHEREAS, property described as that part of the N. E. 1/4 of Section 8, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the north line of said section distant S. 89° 44' 10" W. 660.0 feet from the N. E. corner of Section 8 and pro- ceeding thence S. 0° 17' 20" E. 1922.60 feet for a point of beginning; thence S. 0° 17' 20" E. 715 feet to the E. and W. 1/4 line of said section; thence N. 89° 32' 50" W. along said line 323.50 feet; thence N. 0° 25' 50" W. 565.50 feet; thence N. 89° 44' 10" E. 224.90 feet; thence N. 0° 17' 20" W. 100 feet; thence N. 89° 44' 10" E. 40 feet; thence N. 0° 17' 20" W. 50 feet; thence N. 89° 44' 10" E. 60 feet to the point of beginning, is included in the Master Plan for Parks for the City of Livonia, and WHEREAS, the United States of America has entered into Contract 0SA58 which provides for financial assistance to the City of Livonia in acquiring the above described real property for park purposes, and WHEREAS, it is hereby determined upon consideration of two com- petent independent appraisals that the fair market value of this real property is $16,000.00, NOW, THEREFORE, BE IT RESOLVED, that: 1. The City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property at a price of $16,000.00; 9911 2. The City Council does hereby authorize a sum not to exceed $80.00 for proration of City, County and School taxes at the time of closing, prorated from the date of the option to purchase; 3. The City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreation General Obligation Bond Issue with the provision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreation General Obligation Bond Issue, and 4. 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: Raymond, McCann, Nash, Kleinert and McNamara. NAYS: *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement: My 'no' vote is cast because I have not been sufficiently informed as to all the details involved in the purchase of this land. The communication from the Engineering Division, dated September 6, 1968 with respect to the Levan Road Special Assessment Project (Plymouth Road to School- craft Road), was received and filed for the information of the Council. By Councilman Kleinert, seconded by Councilman Nash, it was #1087-68 RESOLVED, that having considered a communication from the City Assessor, dated September 6, 1968, approved for submission by the Mayor, to which is attached Invoice #35727 submitted by the Board of County Auditors, County of Wayne, for services rendered to the City of Livonia in the preparation of the tax roll, tax bills and other general services for the fiscal year beginning December 1, 1967 and ending November 30, 1968, the Council does hereby authorize an additional appropriation in the amount of $745.43 from the Reserve for Contingencies Account to Account No. 140-19 for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. LA roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, Nash, Kleinert, Ventura and McNamara. NAYS: None. 9912 By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the City Planning Commission, dated September 18, 1968, which transmits its resolution #9-110-66 adopted by the Commission on September 17, 1968 with regard to Petition 68-5-8-2 requesting site plan approval for the Hines Park Motel to be located on the south side of Plymouth Road at the inter- section of Ann Arbor Road and Plymouth Road in the N. W. 1/4 of Section 32, the Council does hereby refer this matter to the next study session of the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond and Ventura. NAYS: McCann, Nash, Kleinert and McNamara. The President declared the resolution denied. *The President relinquished the Chair to the Vice-President at 8:35 P. M. to support the following motion. Councilman Milligan arrived at 8:40 P. M. By Councilman Kleinert, seconded by Councilman McNamara, it was #1088-68 RESOLVED, that having considered a communication from the City Planning Commission, dated September 18, 1968, which transmits its resolution #9-110-68 adopted by the Commission on September 17, 1968 with regard to Petition 68-5-8-2 requesting site plan approval for the Hines Park Motel to be located on the south side of Plymouth Road at the inter- section of Ann Arbor Road and Plymouth Road in the N. W. 1/4 of Section 32, the Council does hereby concur in the recommendation of the Planning Commission and Petition 65-5-8-2 is hereby approved, such approval to be made subject to the same conditions as are set forth in the aforesaid action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McNamara, Nash, Milligan, Kleinert, Ventura and McCann. NAYS : None. *The President resumed the Chair at 8.47 P. M. By Councilman Kleinert, seconded by Councilman Nash, it was #1089-68 RESOLVED, that having considered a communication from the Director of Public Works, dated September 11, 1968, approved for submission by the Mayor, wherein permission is requested to demolish and remove the old barn building located at Whispering Willows Municipal Golf Course, the Council does hereby determine, in accordance with the provisions set forth in Section 15 of Chapter IV of the City Charter, to authorize the demoli- tion of the subject building in the manner requested. 9913 A roll call vote was taken on the foregoing resolution with the following result AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopt- ed, it was #1090-68 RESOLVED, that the Council having considered a communication dated September 10, 1968 from the City Engineer, approved by the Mayor and Director of Public Works, submitted pursuant to the requirements set forth in Section 6.14 of Ordinance 500, as amended, the Plat Ordinance, wherein it is required that ornamental street lighting with underground conductors shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Lots 356 through 424 both inclusive and Outlots F and G of Country Homes Estates Subdivision #3, located in the S. E. 1/4 of Section 8, and Lots 276 and 277 of Denmar Estates Subdivision of part of the S. 1/2 of Section 8, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obliga- tion of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assess- ment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of September 10, 1968 and that there has been a full compliance with all of the provisions of Section 3.03 and Section 4.01 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assess- ment Procedure," the Council does hereby set Monday, October 28, 1968 at 8:00 P. M. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. By Councilman Nash, seconded by Councilman Milligan, and unanimously L adopted, it was #1091-68 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. Section 5.2934), as well as Article XXIII of 9914 Ordinance 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 Monday, October 28, 1968 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to Petition #68-2-6-3 submitted by the City Planning Commission on its own motion to amend Sections 4.05, 4.06, 4.10, 11.03 and 18.06 of Ordinance No. 543, the Zoning Ordinance, the City Planning Commission having in its resolution #7-74-68 recommended to the City Council that additional portions of Petition #68-2-6-3 be approved; 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 of the proposed amendments to the Zoning Ordinance, 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 railroad company owning or operating any public utility or railroad within the districts or zones affected, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Kleinert, seconded by Councilman McCann, it was #1092-68 RESOLVED, that having considered a communication dated September 11, 1968 from the Department of Law transmitting for Council acceptance certain documents, which documents are more particularly described as: 1. Quit Claim Deed, dated August 23, 1968 from Sharon Development Co., executed by its president John F. Uznis, and its secy-trea., conveying to the City: The west 43 feet of that part of the N. E. 1/4 of Section 20 described as beginning at a point on the N. and S. 1/4 section line distant due south, 750 feet from the N 1/4 corner of Section 20 and proceeding thence S 89° 50' E, 330 feet; thence due south, 568.14 feet; thence N 89° 55' 10" W, 330 feet; thence due north along the N. and S. 1/4 Section line, 568.47 feet to the point of beginning. (Bureau of Taxation Parcel 20E2b1) 2. Quit Claim Deed, dated September 3, 1968, executed by Andrew Ansara and Jacqueline Ansara, his wife, conveying to the City• The north 60 feet of that part of the N. E. 1/4 of Section 33 described as beginning at a point on the N. line of said section due east, 665.0 ft. from the N. 1/4 corner of Section 33 and proceeding thence S. 0° 56' E. 663.99 ft.; thence North 83° 07' 30" E, 100.53 ft., thence N. 0° 56' w., 651.99 ft. to the N. line of Section 33, thence due west along said line, 100.0 ft. to the point of beginning. (Bureau of Taxation Parcel 33E1) 9915 L 3. Quit Claim Deed, dated August 28, 1968, executed by Gloria Mayer conveying to the City: The west 60 feet of that part of the S. W. 1/4 of Section 19, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the W. section line distant N 1° 28' 15" W, 31.95 ft. and north, 441.94 feet from the S. W. corner of Section 19 and proceeding thence north along said line, 45 feet; thence East, 292.44 feet; thence S 0° 00' 50" W, 210.73 feet; thence N 78° 52' W, along the northerly line of Schoolcraft Road, 88.85 feet; thence N 11° 08' E, 151.43 feet; thence west, 234.45 feet to the point of beginning. (Bureau of Taxation Parcel 1913a2b) 4. Grant of Easement dated August 30, 1968 executed by Joseph D. Sparks and Christine M. Sparks conveying to the City: A ten (10) foot wide easement, the center line of said 10-foot easement being particularly described as beginning at a point distant 7.04 feet from the south- east corner along the south line of said parcel, thence N 1° 51' 04" E, 66 feet to the north line of said parcel. Parcel Description: That part of the N. E. 1/4 of Section 21, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the east line of said section distant south, 1977.83 feet from the N. E. corner of Section 21 and proceeding thence south along said east line, 66.0 feet, thence N 89° 41' W, 639.41 feet; thence N 0° 46' 45" E, 66.0 feet; thence S 89° 41' E, 638.51 feet to the point of beginning, except that part of the N. E. 1/4 of Section 21, T. 1 S., R. 9 E, City of Livonia, Wayne County, Michigan, described as beginning at a point on the east line of Section 21 distant due south 1977.83 feet from the N. E. corner of Section 21, and proceeding thence due south 66.0 feet along said east line; thence N 89° 41' W, 55.47 feet; thence N 0° 26' 04" E, 66.10 feet; thence S 89° 41' E, 54.97 feet to the point of beginning, subject to the rights of the public in the existing right-of-way of Farmington Road. (Bureau of Taxation Parcel 21G5) the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid instruments, and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds 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: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. 9916 The communication from the Livonia Housing Commission, dated September 13, 1968, requesting a meeting with the Council for discussion of the Budget, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #1093-68 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. The letter from the League of Women Voters, letter from the Mayor and the letter from the "Committee of One Hundred" , relative to the city's participation in the Southeastern Michigan Council of Governments,iare received and filed for the information of the Council. *Councilman Kleinert was excused at 8:55 P. M. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #1094-68 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 18, 1968, submitted pursuant to C. R. 1123-67, with respect to the policy and procedure maintained by the City relative to the releasing of improvement bonds in subdivisions, the Council does hereby determine to take no action with respect to the same at this time. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #1095-68 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 18, 1968, submitted pursuant to C. R. #88-68, in connection with a communication from the Department of Law, dated January 4, 1968, wherein a summary of the Subdivision Control Act of 1967 has been submitted, the Council does hereby refer this matter to the Department of Lew for the preparation of such amendments as are necessary to the city's ordinances in order to update the same in accordance with the provisions which are set forth in the Subdivision Control Act of 1967. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was 9917 #1096-68 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 18, 1968, submitted pursuant to C. R. #161-68, in connection with a letter from the President of the Thompson-Brown Company relative to the matter of partitioning or dividing lots in recorded plats, the Council does hereby refer this matter to the Department of Law for the preparation of a Lot Split Ordinance. *Councilman Kleinert returned at 8:58 P. M. Councilman Raymond introduced the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 166, AS AMENDED, KNOWN AND CITED AS THE "TAXICAB ORDINANCE," BY AMENDING SECTION 6.1 OF CHAPTER 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 L meeting of the Council. Councilman Raymond introduced the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 77, AS AMENDED, OF THE CITY OF LIVONIA KNOWN AND CITED AS THE "RETIREMENT PLAN ORDINANCE," BY AMENDING SECTION 4.01 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 Raymond, seconded by Councilman Nash, and unanimously adopted, it was #1097-68 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 18, 1968, submitted pursuant to C. R. #395-68, in connection with a communication dated March 6, 1968 from the Department of Law relative to the enactment of an ordinance with respect to the Master School and Park Plan pursuant to the provisions which are set forth in Act 222 of the Public Acts of Michigan of 1943, as amended, the Council does hereby refer this matter to the Department of Law for the preparation of the subject Ordinance. 9918 By Councilman Raymond, seconded by Councilman Nash, it was #1098-68 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 18, 1968, submitted pursuant to C. R. #462-68, in connection with Opinion No. 68-5 from the Department of Law relative to the question of compensation to be paid to constables for the service of criminal warrants outside the limits of the City of Livonia, the Council does hereby refer this matter to the Department of Law and to the Municipal Judge for their respective reports relative to the status of constables under the new District Court Organization which has been established in the City of Livonia commencing from January 1, 1969. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #1099-68 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. Section 5.2934), as well as Article XXIII of Ordinance 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 Monday, October 28, 1968 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to Petition 68-1-6-2 submitted by the City Planning Commission regarding a proposed amendment in Section 18.36 of Ordinance No. 543, as amended, the Zoning Ordinance, which would purport to provide more adequate provision for the improvement of off-street loading facilities, the City Planning Commission having in its resolution #3-36-68 recom- mended to the City Council that Petition 68-1-6-2 be approved; 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 of the proposed amendment to the Zoning Ordinance, 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 railroad 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 Raymond, seconded by Councilman Ventura, and unanimously Ladopted, it was #1100-68 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 18, 1968, submitted pursuant to C.R. #524-68, relative to a proposed amendment to the Building Code 9919 Ordinance which would purport to require additional fire-resistant construction for multiple dwellings, the Council does hereby request that Mr. John A. Larsen of the Builders Association of Metropolitan Detroit submit an additional report setting forth the current position of the Association with respect to this matter. By Councilman Raymond, seconded by Councilman Ventura, it was #1101-68 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 18, 1968, submitted pur- suant to C.R. #656-68, in connection with a letter from the Mayor dated June 11, 1968, requesting the establishment of a "Keep Livonia Beautiful Commission" by ordinance, the Council does hereby refer this matter back to the Mayor with the request that he establish the said "Commission" as a sub-committee of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, McCann, Nash, Kleinert, Ventura and McNamara. NAYS: Milligan. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Kleinert, and unanimously Ladopted, it was #1102-68 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 18, 1968, submitted pursuant to C.R. #821-68, in connection with a communication from the Mayor relative to a proposed Charter amendment which would purport to reduce the number of signatures required in referendum petitions, the Council does hereby determine to take no action with respect to this matter at this time. Councilman Raymond introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 516, KNOWN AND CITED AS THE "NOXIOUS WEED AND REFUSE ORDINANCE" OF THE 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. The above Ordinance was placed on the table for consideration at the next regular L meeting of the Council. Councilman Raymond introduced the following Ordinance: AN ORDINANCE AMENDING SECTIONS 2 AND 6 OF ORDINANCE NO. 532, KNOWN AND CITED AS THE "ANTI-LITTER ORDINANCE" OF THE CITY OF LIVONIA. 9920 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 Raymond introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 10.02 OF ARTICLE X AND SECTION 11.03 OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Raymond, seconded by Councilman Milligan, it was #1103-68 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 18, 1968, submitted pursuant to C. R. #986-68, in connection with the establishment of maximum bedroom limitations in certain residential zoning classifications, the Council does hereby determine to take no action with respect to this matter at this time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: McCann. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #1104-68 RESOLVED, that the Council does hereby request the City Engineer to submit his report and recommendation relative to the feasibility, as well as such other ramifications as may be involved, relative to the possible opening and extension of Stark Road in a northerly direction from Lyndon Avenue along the easterly perimeter of Parkview Memorial Cemetery to Five Mile Road; further, the City Planning Commission and the Traffic Officer of the Police Department are requested to submit their respective reports and recommendations. 9921 By Councilman Kleinert, seconded by Councilman Ventura, and unanimously adopted, it was #1105-68 RESOLVED, that the Council does hereby acknowledge receipt of the annual budget of the City of Livonia for the fiscal year commencing December 1, 1968, as prepared by the Mayor and filed by the Mayor with the Council on September 13, 1968, and does hereby set a Public Hearing thereon to be held on Monday, October 28, 1968 at 8:00 P. M. at the City Hall, 33001 Five Mile Road, Livonia,Michigan, in accordance with the provisions of Chapter VII of the City Charter, and the City Clerk shall give notice of such public hearing in accordance and pursuant to provisions of the City Charter. By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was #1106-68 RESOLVED, that having considered a communication from the Treasurer, dated September 19, 1968, regarding the establishing of the 1968 tax rate no later than November 1, 1968, the Council does hereby acknowledge receipt of the subject request. By Councilman Milligan, seconded by Councilman Nash, it was L #1107-68 RESOLVED, that having considered a letter from the Madison Civic Association, dated September 23, 1968, and having also considered the recommendation dated June 19, 1968 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, concerning sidewalk construction in front of Bureau of Taxation Parcels 13b249a; 13b249b; 13b249c; 13b250; 13b251; 13L1; 13K16a1a; 13K16a1b; 13K16a2; 13K13b; 14b, 15, 16b, L2; 13K14a, 13K13a; 13K12; 13K11; 13K10, 13K9; 13K8b; 13K7b, 8a2; 13K7a, 8a1; and 13b248a, and for the reasons stated therein, the Council does hereby require the owners of the lots and premises therein referred to, to construct, rebuild or repair the sidewalk in front of, adjacent to and abutting such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Ordinance No. 446, Article 5, Section 5.5 of the ordinances of the City of Livonia, as amended, and further, said notice shall set forth that the owners of said lots and premises herein referred to shall complete said sidewalk work on or before November 4, 1968; and further, the Council does hereby authorize that the assessments to be assessed herein may be made by the owners of the lots and premises referred to on a ten (10) installment basis at a rate of interest of six (6) per cent per annum in accordance with Section 5.01 of Ordinance No. 446, as amended; to the extent that the action taken in C.R. #934-68 conflicts with the action taken herein, the same is hereby modified and/or rescinded. LA roll call vote was taken on the foregrng resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert and McNamara. NAYS: **Raymond and *Ventura. The President declared the resolution adopted. 9922 *Councilman Ventura made the following statement: My "no" vote is not cast in opposition to the installation of the sidewalks but rather because of my concern with the legality of the Council's action in ordering an assessment against the affected property owners without benefit of due process (public hearing of necessity and on the assessment roll). **Councilman Raymond made the following statement: My "no" vote is cast because I believe that the action taken here tonight may delay the installation of the sidewalks this year. By Councilman Nash, seconded by Councilman McCann, it was #1108-68 RESOLVED that, Binder and Lark Building Co. , 25245 Five Mile, Detroit, Michigan 48239, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Binder & Lark Estates Subdivision, located in the S. W. 1/4 of Section 11, City of Livonia, the said proposed preliminary plat being dated September 5, 1968; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on September 17, 1968; and it further appearing that such preliminary plat, together with Development Plans and Specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated September 25, 1968, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions : (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Plat Ordinance, Ordinance No. 500, as amended; the subdivision regulations of the Planning Commission; the regulations and specifications of the Department of Public Works and the development plans submitted by the proprietor and approved by such Department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid in the time and manner provided in the said Plat Ordinance, as ;mended; (3) That the installation of such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 7.03 of said Plat Ordinance, as amended; 9923 (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the following cash payments be made to the City. Trees $1,161.30 Traffic Control Signs 83.25 Plan review, field inspection and administration (5% before contingencies) 5,616.95 Monuments & Markers (escrow deposit to be returned to proprietor after monuments and markers are in place) 1,035.00 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive final approval of the City Planning Commission as evidence that such plat is in compliance with existing sub- division regulations, (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein and provided there has been compliance with all other requirements of the Plat Act, Plat Ordinance, and this resolution. (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements, the proprietor may file with the City of Livonia, surety bond, certified check, cash bond or other financial assurance in such form as may be approved by the Department of Law, guaranteeing the satisfactory installation of all such improvements,utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances, the same shall be in the following amounts. General Improvement Bond - $116,100.00, of which at least 10,000.00 shall be in cash. Sidewalk Bond - $ 7,400.00, of which at least 2,220.00 shall be in cash. (9) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the subdivision, in accordance with City Ordinances. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. 9921 By Councilman McCann, seconded by Councilman Nash, and unanimously adopted, it was #1109-68 RESOLVED, that the Council does hereby grant permission to the Democratic Party to use a sound car, pursuant to the provisions set forth in Ordinance No. 549, as amended, the Traffic Ordinance, for the purpose of promoting the Senator Muskie Rally at Wonderland Center, on September 25 and 26, 1968. By Councilman Ventura, seconded by Councilman McCann, it was #1110-68 RESOLVED, that having considered a communication from the City Engineer, dated September 25, 1968, approved by the Director of Public Works, and approved for submission by the Mayor, with respect to the proposed construction of an additional right-turn lane on the north side of Plymouth Road at its easterly intersection with Merriman Road, the Council does hereby determine to take the following action: 1. The Wayne County Road Commission is hereby requested to undertake the construction of this additional traffic lane as part of the new Merriman Road paving project, at City expense. 2. The Michigan State Highway Department is hereby requested to participate and share in the cost of this additional widen- ing project on Plymouth Road in the same manner and on the same basis as that which was approved by the State and the City in the Plymouth Road Improvement Project. and the City Clerk is 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 : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Kleinert, it was #1111-68 RESOLVED, that having considered a communication from the City Engineer, dated September 17, 1968, approved by the Director of Public Works, and approved for submission by the Mayor, regarding the acquisition of a drain easement approximately one-half mile north of Five Mile Road in connection with the Newburgh Road Paving Project, the Council does hereby authorize the Engineering Division and the Department of Law to acquire the property (easement) as specified in the said communication from the owner or owners of the same for the amount of $895.00; and for this purpose, the Council does hereby authorize the expenditure of $895.00 from the $9,800,000.00 General Obligation Road Improvement Bond Issue and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 9925 LA roll call vote was taken on the foregoing resolution with the following result• AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #1112-68 RESOLVED, that having considered a communication from the Livonia Housing Commission, dated September 16, 1968, approved for submission by the Mayor, which transmits its resolution #38-68 adopted on September 12, 1968, wherein the Commission indicates that it did accept the low bid of R. E. Dailey & Company in the amount of $1,312,000.00 for the general construction work relating to the low income senior citizens housing project Michigan-55-1, known as the Patrick V. McNamara Towers, and subject to certain conditions which are set forth in such resolution #38-68, the Council does hereby refer this matter to the study session immediately following this regular meeting. A roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, McCann, Nash, Milligan, Ventura and McNamara. NAYS : Kleinert. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Milligan, and unanimously adopted, it was #1113-68 RESOLVED, that the City Clerk be authorized to provide, without cost, the Precinct lists of Registered Voters, for use in the Registration Drive to be held in the City of Livonia during the week of September 30, 1968, such lists to be distributed to his Deputy Registrars. At 9:57 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 Nash, seconded by Councilman Kleinert, it was RESOLVED, that having considered a communication from the Livonia Housing Commission, dated September 16, 1968, approved for submission by the Mayor, which transmits its resolution #38-68 adopted on September 12, 1968, wherein the Commission indicates that it did accept the low bid of L R. E. Dailey & Company in the amount of $1,312,000.00 for the general construction work relating to the low income senior citizens housing project Michigan-55-1, known as the Patrick V. McNamara Towers, and subject to certain conditions which are set forth in resolution #38-68, the Council does hereby determine as follows • 9926 1. The Council does hereby indicate that it does not disapprove of this project, and further that it approves of the said action taken in this regard by the Livonia Housing Commission; and 2. The Council does hereby agree that it will appropriate the sum of $225,000.00 for the purpose of defraying that portion of the construction costs which otherwise are not provided for in the budget established for this project by the Department of Housing and Urban Development, and further, the Council does hereby refer the matter of appropriating such sum to a joint Committee of the Mayor and the Council Committee of the Whole for its consideration relative to inclusion of such appropria- tions as may be necessary in the 1968-1969 budget as well as in the 1969-1970 budget; further, the Council does hereby request that the City Clerk forward a certified copy of this resolution to the Livonia Housing Commission for transmission to the Department of Housing and Urban Development. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Milligan and Kleinert. NAYS: Raymond, McCann, Ventura and McNamara. The President declared the resolution denied. On motion of Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, this 623rd regular meeting of the Council of the City of Livonia was duly adjourned at 1:10 A. M., September 26, 1968. ADDISON W. BACON,\City C rk.