Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1968-05-29 9588 MINUTES OF THE SIX HUNDRED NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA L. On May 29, 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 8:15 P. M. Councilman Milligan 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; John T. Dufour, Superintendent of Parks and Recreation; Marie Talbot, Court Clerk; Donald Nicholson, Director of Public Safety; Ed Siemert, Assistant City Engineer; Raymond Danaher, Budget Analyst; Harry L. Bridges, Personal Property Auditor, Thomas J. Griffiths, Jr., Chief Accountant; Don Hull City Planner; Kenneth Kampman, Director of Civil Defense; Daniel Andrew, Industrial Coordinator; Dorothy McIntyre, Deputy City Treasurer; Richard Jones, Assistant Superintendent of Operations; Eldon Raymond, Zoning Board of Appeals; Donald Heusted and Harry Wrightman; Planning Commission; Richard Simpson, Neil Hall, and John Stymelski, Traffic Commission; By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #573-68 RESOLVED, that the minutes of the 608th regular meeting of the Council of the City of Livonia, held May 22, 1968, are hereby approved, as revised. The President of the Council announced that the Council had received two veto messages from the Mayor; the first, dated May 27, 1968, on Ordinance No. 680, the Open Housing Ordinance, adopted May 22, 1968, and the second on CR#529-68, dated May 29, 1968, regarding rejection of bids for two outdoor swimming pools which was adopted on May 22, 1968. 9589 Councilman Kleinert re-introduced the following Ordinance. OPEN HOUSING ORDINANCE A roil call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, Kleinert, Raymond, McCann, and McNamara. NAYS: Ventura and Nash. The President declared the Mayor's veto overruled, the Ordinance duly adopted, and would become effective on publication. By Councilman Ventura, seconded by Councilman Nash, it was RESOLVED, that the Council does hereby determine to place on the ballot as an advisory question at a special city election to be conducted on August 6, 1968, for the purpose of obtaining the direction from the electorate of the City of Livonia on the matter of whether or not an open- housing ordinance should be enacted and/or continued in effect in the City of Livonia; pending the result of such election, the provisions of Ordinance No. 680 shall continue in effect; further, the City Clerk is hereby requested to do all things necessary or incidental to place the following L. advisory question on the ballot at the aforesaid election: Are you in favor of an open-housing ordinance being enacted and/or continued in effect in the City of Livonia? Yes / / No /---77 The President requested an opinion from the Law Department as to whether the motion was in order. At 8:37 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. The President ruled that the motion was in order and Councilman Raymond appealed the decision of the chair stating that the Council has not determined whether the adoption of the Ordinance and Councilman Ventura's motion are in conflict. The President relinquished the chair to the Vice President at 8:50 P. M. A roll call vote was taken on the challenge to the ruling of the chair with the following result: 9590 AYES: Milligan, Kleinert, Ventura, McCann, Nash, and McNamara. NAYS: Raymond. The Vice President declared the ruling of the chair sustained and the motion in order. By Councilman Milligan, seconded by Councilman Raymond, it was RESOLVED, that the matter of placing the question of open housing on the ballot at the August 6, 1968, election be referred to the Legislative Committee of the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan NAYS: Kleinert, Ventura, Raymond, McCann, Nash, and McNamara. The President declared the resolution denied. A roll call vote was taken on the original resolution with the following result: AYES: Ventura, McCann, and Nash. NAYS: Milligan, Kleinert, Raymond, and McNamara. The President declared the resolution denied. By Councilman Nash, seconded by Councilman Raymond, it was #5711-68 RESOLVED, that having considered the veto by the Mayor, dated May 29, 1968, of resolution #529-68 which rejected bids received for the construction of two outdoor swimming pools, adopted by the Council on May 22, 1968, the Council does hereby readopt said resolution #529-68, the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, Ventura, Raymond, McCann, Nash, and McNamara. NAYS: None. The President declared the resolution adopted and the Mayor's veto overruled. At 9:18 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. An Ordinance Amending Section 5.15 of Article V of Ordinance No. 449, as amended, Known and Cited as the "Building Code Ordinance of the City of Livonia" by adding Section 8141.2 Service walks, Driveways, Floors, Porches and Patio Slabs, intro- duced on May 22, 1968, by Councilman Nash, was taken from the table and given second reading. 9591 By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that the Ordinance Amending Section 5.15 of Article V of Ordinance No. 449, as amended, Known and Cited as the "Building Code Ordinance of the City of Livonia" by adding Section 841.2 Service Walks, Driveways, Floors, Porches and Patio Slabs, is hereby tabled until it can be reviewed and made workable. A roll call vote was taken on the tabling resolution with the following result: AYES: Milligan, Ventura, and Raymond. NAYS: Kleinert, McCann, Nash, and McNamara. The President declared the tabling resolution denied. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Kleinert, McCann, Nash, and McNamara. NAYS: Milligan, Ventura, and Raymond. 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 15 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOW AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADD- ING SECTION 3. THERETO - PETITION 67-7-1-28, INTRODUCED BY COUNCILMAN VENTURA ON MAY 22, 1968. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, Kleinert, Ventura, Raymond, McCann, Nash, and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. The communication from the Municipal Judge dated May 13, 1968, with refer- ence to a prior communication from the Municipal Judge dated March 12, 1968, relative 9592 to a proposed appropriation of $175 to be used by members of the Probation Department was received and filed for the information of the Council. The communication from the City Engineer, dated May 15, 1968, regarding the request of Sword of the Spirit Lutheran Church at 34563 W. Seven Mile Road, for a street light was received and filed for the information of the Council. The communication from the City Engineer which submits a report relative to the status of major road improvements to be undertaken under the 9.8 million dollar bond issue was received and filed for the information of the Council. The request, dated May 21, 1968, from R. W. Scanlon, 35401 Minton, Livonia, Michigan, regarding an exception from certain requirements prescribed in Ordinance No. 662, as amended, the Swimming Pool Ordinance, was removed from the agenda. By Councilman Kleinert, seconded by Councilman Milligan, it was #575-68 RESOLVED, that having considered a request dated May 10, 1968, from James A. Burch, 14337 Park Avenue, Livonia, Michigan regarding excep- tions from certain requirements prescribed in Ordinance No. 662 as amended, in connection with the construction of a private swimming pool to be located at the aforesaid address, the Council does hereby grant the request for such exceptions of the Ordinance pursuant to Section 3.10 of the same and authorizes the issuance of a building permit to construct said swimming pool on the subject property 2-1/2 feet from the rear property line in lieu of the 10 feet required, and 6 feet from the westerly property line in lieu of the 10 feet required, the Council noting in this action that written approval of the exceptions, herein requested by Mr. Burch, were attached to his communication by the affected adjoining property owners. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, Ventura, Raymond, McCann, Nash, and McNamara. NAYS: None. Councilman Kleinert introduced the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 68-2-3-2) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Loffice 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. 9593 Councilman Ventura introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 31 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 ADD- ING SECTION 3. THERETO RE: PETITION 67-6-1:17-FOR CHANGE OF ZONING IN SECTION 31 FROM RUF 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. Councilman Kleinert introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 23 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 ADD- ING SECTION 3. THERETO RE: PETITION 67-12-1-39 FOR CHANGE OF ZONING IN SECTION 23 FROM PS TO R-1. The foregoing Ordinance, when adopted is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Nash introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 27 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3• THERETO RE: PETITION 67-9-1-32 FOR CHANGE OF ZONING IN SECTION 27 FROM C-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. 9594 The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Kleinert introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 18 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 ADD- ING SECTION 3. THERETO RE: PETITION 67-8-1-30 FOR CHANGE OF ZON- ING IN SECTION 18 FROM R-3-B TO R-7. The foregoing Ordinance, when adopted is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 13 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 ZON- ING ORDINANCE," BY ADDING SECTION 3. THERETO RE: PETITION 67-10-1-35 FOR CHANGE OF ZONING IN SECTION 13 FROM RUF TO C-1. The foregoing Ordinance, when adopted is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Kleinert introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 31 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 67-10-1-36 FOR CHANGE OF ZONING IN SECTION 31 FROM RUF TO C-1. 9595 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 Milligan was excused at 9:50 P. M. By Councilman Nash, seconded by Councilman McCann, it was #576-68 RESOLVED, that having considered the report and recommendation of the Director of Public Safety dated May 6, 1968, approved for submission by the Mayor and the Budget Director relative to the acceptance of the bid of Bill Brown, Inc., 32222 Plymouth Road, Livonia, Michigan, for supplying the City with a 1/2-ton Pickup-Dogcatcher type - motor vehicle for the price of $3,070.64, the Council does hereby refer this matter back to the Mayor for review and recommendation in light of previous discussion relative to the City's finances. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash and McNamara. NAYS: Kleinert and Ventura. L The President declared the resolution adopted. *Councilman Milligan returned at 9:55 P. M. By Councilman Ventura, seconded by Councilman Kleinert, it was #577-68 RESOLVED, that having considered the report and recommendation of the Supt. of Operations, dated May 14, 1968, approved by the Director of Public Works and the Budget Director, and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Fendt Builders Supply, Inc., 22005 Gill Road, Farmington, Michigan, for supplying the Operations Division with ready mix concrete at the following prices: 6 bag mix at $16.00 per cubic yard; 5 bag mix at $15.00 per cubic yard; and 4 bag mix at $13.75 per cubic yard, the same having been in fact the lowest and only bid received with respect to this matter. A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was #578-68 RESOLVED, that having considered a communication from the Supt. of Operations, dated May 15, 1968, approved by the Director of Public Works and the Budget Director, and approved for submission by the Mayor, with 9596 respect to bids received for supplying the Operations Division with Liquid Calcium Chloride for the period June 1, 1968 through May 31, 1969, the Council does hereby determine to accept the following unit price bids: 1. The bid of Wyandotte Chemicals Corporation, Industrial Chemicals Group, Wyandotte, Michigan 48192, for 38% Liquid Calcium Chloride, delivered, at .0520 per gallon; 2. The bid of Michigan Chemical Corporation, Saint Louis, Michigan, for 26% Liquid Calcium Chloride, delivered, at .0340 per gallon, and for 38% Liquid Calcium Chloride, spread, at .0670 per gallon; the same having been in fact the lowest bids received with respect to these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, Ventura, Raymond, McCann, Nash, and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #579-68 RESOLVED, that having considered a communication from the Water and Sewer Board dated May 9, 1968, approved for submission by the Mayor, which transmits its resolution #WS 1054 4/68, the Council does hereby determine to accept the bid of Orsco, Inc., 59 Selden Avenue, Detroit, Michigan, 48201, for supplying the Sewer Division with 600 feet of 2-1/2" I. D. "Reel King" Hose - 50' lengths, at a cost of $924.00, and 200 feet of 1-1/2" I. D. "Reel King" Hose - 50' lengths, at a cost of $160.00, for a total cost in the amount of $1,084.00, the same having been in fact the lowest bid received with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, Ventura, Raymond, McCann, Nash, and McNamara. NAYS: None. *Councilman Milligan was excused at 10:05 P. M. By Councilman Nash, seconded by Councilman McCann, it was #580-68 RESOLVED, that having considered a communication from the Water and Sewer Board, dated May 9, 1968, approved for submission by the Mayor, which transmits its resolution #WS 1057 4/68, the Council does hereby determine to accept the bid of International Harvester Co., 31666 W. Eight Mile Rd., Farmington, Michigan, 48024, for supplying the Sewer Division with International Model 1500C Truck, Cab and Chassis only, at a bid price of $2,498.00, less $125.00 trade-in allowance for a 1963 Dodge Truck Chassis, Mod. D-400, Ser. #0C-365F128470, DPW Veh. #361, for a net cost of $2,373.00, the same having been in fact the lowest bid received with respect to this item. 9597 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Nash, and McNamara. NAYS: None By Councilman Ventura, seconded by Councilman McCann, it was #581-68 RESOLVED, that having considered a communication from the Water and Sewer Board, dated May 9, 1968, approved for submission by the Mayor, which transmits its resolution #WS-1055 4/68, the Council does hereby accept the bid of Broquet Ford Tractor Co., Inc., 26770 Grand River Ave., Detroit, Michigan, 48240, for supplying the Water Department with one (1) new Ford Model 45011-F Tractor with Model 740 Loader and Model 755 Backhoe, at a cost of %;,420.00, the same having been the lowest bid received with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Nash, and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was L #582-68 RESOLVED, that having considered a communication from the Water and Sewer Board dated May 9, 1968, approved for submission by the Mayor, which transmits its resolution #WS 1056 4/68, the Council does hereby determine to accept the bid of Tennyson Chevrolet, Inc., 32570 Plymouth Road, Livonia, Michigan, 48150, for supplying the Sewer Division with one (1) new current Model Chevrolet Model CS-10704 Pickup Truck at a cost of $1,674.00 (bid price of $1,824.00 less $150.00 trade-in allowance for a 1960 Ford 1/2-ton Pickup, Model F-100, Ser. #F10JOH58095, DPW Veh. #333), the same having been the lowest bid received with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Nash, and McNamara. NAYS: None. *Councilman Milligan returned at 10:10 P. M. By Councilman Nash, seconded by Councilman Kleinert, it was #583-68 RESOLVED, that having considered a communication dated May 9, 1968, from the Department of Law transmitting for Council acceptance a Quit Claim Deed dated April 26, 1968 executed by Albert Boyojian and Doris J. Boyojian, L his wife, and a Quit Claim Deed dated April 18, 1968 from the Livonia Public Schools School District executed by A. Edward Katz, Secretary, and Strelsa H. Schreiber, President, which deeds purport to convey to the City of Livonia rights-of-way which are more particularly described as follows: 9598 A. From Albert Boyojian and Doris J. Boyojian the following: The North 30 feet of Lot 45, Bell Creek Estates, part of the Northwest 1/4 of Section 14, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 14c45) (right-of-way for the opening of Munger) B. From the Livonia Public Schools School District the following: The west 30 feet and the North 43 feet of that part of the S. E. 1/4 of Section 12, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the east and west 1/4 section line distant N 89° 57' 32" W, 707.01 feet from the East 1/4 corner of Section 12 and pro- ceeding thence N 89° 57' 32" W, along said line 627.72 ft.; thence S 0° 02' 44" E, 747.47 feet; thence S 89° 57' 32" E, 626.66 feet; thence N 0° 02' 10" E, 747.47 feet to the point of beginning. (Bureau of Taxation Parcel 12H1a2b2b, 12H1a2b3, right-of-way for Deering Avenue and Curtis Avenue) also The West 43 feet and the South 43 feet of that part of the N. E. 1/4 of Section 23, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at the center 1/4 corner of Section 23 and proceeding thence N. 0° 23' 56" W, along the north and south 1/4 section line, 664.60 feet; thence due East 657.75 feet; thence due south 664.58 feet; thence due west along the east and west 1/4 section line, 653.12 feet to the point of beginning. (Bureau of Taxation Parcel 23C1, right-of-way for Lyndon Avenue and Henry Ruff) also The North 60 feet of that part of the N. W. 1/4 of Section 10, 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 N 89° 34' E, 1349.71 feet from the northwest corner of Section 10 and pro- ceeding thence S 0° 16' 17" E, 160.00 feet; thence N 89° 34' E, 135.26 feet; thence N 0° 25' W, 160.0 feet to the north line of Section 10; thence S 89° 34' W, along said line 134.84 feet to the point of beginning. (Bureau of Taxation Parcel 10X, right-of-way for Seven Mile Road) also The North 43 feet of the West 1/2 of the Southeast 1/4 of Section 9, T. 1S., R. 9 E., City of Livonia, Wayne County, Michigan, except the south part thereof measuring 1297.40 feet on the east line and 1305.77 feet on the west line of said parcel. (Bureau of Taxation Parcel 9F2, right-of-way for Curtis Avenue) 9599 also The East 30 feet of that part of the N. W. 1/4 of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at the N. E. corner of Patty Ann Subdivision, as recorded in Liber 82 of Plats, Page 76, Wayne County, and proceeding thence N 89° 08' 10" E, 42.92 feet; thence N 89° 56' 45" E, 612.03 feet; thence S 0° 21' 21" E, 199.46 feet; thence S 89° 56' 15" W, 655.22 feet; thence N 0° 15' 40" W, 198.94 feet to the point of beginning. (Bureau of Taxation Parcel 24Y1b, right-of-way for Sunbury) also The South 60 feet of that part of the Southwest 1/4 of Section 35, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the south line of said section distant S 89° 51' 30" E, 830.0 feet from the southwest corner of Section 35 and proceeding thence along the boundary of Merl-Joy Subdivision, due north, 1197.93 feet and South 89° 51' W. 19.0 feet and due north, 120.0 feet; thence along the south line of Grandon Woods Subdivision, 1472.24 feet; thence S 0° 16' 27" W, along the West line of Smiley-Ringwald Subdivision 1317.72 feet; thence N 89° 51' 30" W, along the south section line, 1446.93 feet to the point of beginning, except the east 30 feet thereof. (Bureau of Taxation Parcel 35J3a, J4 to J7a, right- of-way for Joy Road) the Council does herein for and in behalf of the City of Livonia 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: Milligan, Kleinert, Ventura, Raymond, McCann, Nash, and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Kleinert, and unanimously adopted, it was #584-68 RESOLVED, that upon receipt of a Quit Claim Deed from Sheldon Nowry conveying Lot No. 4, Range No. 7 of Livonia Center Cemetery to the City of Livonia, in a form acceptable to the Legal Department, that the Mayor and City Clerk are authorized and directed to quit claim, for interment purposes, Lot No. 4, Range No. 8 to Sheldon Nowry; further, that the City of Livonia consents to the assignment by Sheldon Nowry of two vacantgraves in Lot No. 4, Range No. 8 to his son, and the Public Works Department may assist in the opening of the grave located in Lot No. 4, Range No. 7. 9600 LBy Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #585-68 RESOLVED, that having considered the request of the Detroit Race Course, Inc., dated May 17, 1968, to have a fireworks display on July 14, 1968, the Council does hereby grant permission to the Detroit Race Course, Inc., to transport and fire aerial fireworks on the night of July 4, 1968, on their premises; provided, however, that this display is to be under the supervision of the Livonia Fire Department and in such area as approved by them, and the City of Livonia, its agents, and its employees will not be responsible for any injuries or damage caused by the fireworks or by the persons using said fireworks. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #586-68 RESOLVED, that having considered the request of the Rosedale Gardens Civic Association, dated May 17, 1968, to have a fireworks display on July 4, 1968, the Council does hereby grant permission to the Rosedale Gardens Civic Association to transport and fire aerial fireworks on the night of July 4, 1968, at Rosedale Park; provided, however, that this display is to be under the supervision of the Livonia Fire Department and Lin such area as approved by them, and the City of Livonia, its agents, and its employees will not be responsible for any injuries or damage caused by the fireworks or by the persons using said fireworks; further, the Council does hereby refer to the Chief of Police the matter of conducting a childrens' costume parade from the playground at St. Michael's Church to the Rosedale Gardens Clubhouse on Hubbard Street, on July 4, 1968, for the issuance of a permit in this regard, as set forth in Section 13.16 of the Traffic Ordinance, Ordinance No. 549, as amended. By Councilman Milligan, seconded by Councilman Nash, it was #587-68 RESOLVED, that having considered the report and recommendation dated April 25, 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 Lot 188, 189, 192 and 193, inclusive, of the Dohany Subdivision, and for the reasons therein stated, the Council does hereby require the owners of the lots and premises therein referred to, to construct, rebuild or repair the sidewalk in frorxtof, 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, and further, said notice shall set forth that the owner of said lots and premises herein referred to shall complete said sidewalk work on or before July 31, 1968. LA roll call vote was taken on the foregoing resolution with the following result: AYES; Milligan, Kleinert, Ventura, Raymond, McCann, Nash, and McNamara. NAYS: None. 9601 w::uncilman Nash, seconded by Councilman Milligan, and unanimously adopted, it #588-68 WHEREAS, pursuant to the direction of the City Council in its resolution #1236-67, adopted on December 4, 1967, and in accordance with Section 3.06 and Section 4.01 of Ordinance No. 401, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of May 7, 1968, an assessment roll dated May 7, 1968, covering the installation of an ornamental street lighting system with underground wiring in Judson Gardens Subdivision, Judson Gardens Subdivision #2, located in the N. E. 1/4 of Section 17, Renwick Park Subdivision, and part of Kingsbury Heights Subdivision #3, and Bureau of Taxation Parcel 17Elbl, E2a, located in the N. W. 1/4 of Section 17, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district hereto- fore established for the construction and operation of the proposed improve- ment in said district as designated in the said resolution No. 1236-67. THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3.08 of Ordinance No. 401, as amended, of the City, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road, on Monday, August 19, 1968, at 8:00 P. M. to review the said special assessment roll, at which time and place opportu- nity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least onNsin the official news- paper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the afore- said date of August 19, 1968; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's Office. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #589-68 WHEREAS, pursuant to the direction of the City Council in its resolution No. 185-68, adopted on February 28, 1968, and in accordance with Section 3.06 and Section 4.01 of Ordinance No. 401, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of May 7, 1968, an assessment roll dated May 7, 1968, covering the installation of ornamental street lighting with underground wiring in Judson Gardens Subdivision No. 3, Renwick Park Subdivision No. 2, part of Kingsbury Heights Subdivision No. 3, and Bureau of Taxation Parcels 17E10 F2a and 17F2b, Section 17, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in the said resolution No. 185-68. 9602 THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3.08 of Ordinance No. 401, as amended, of the City, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road, on Monday, August 19, 1968, at 8:00 P. M. to review the said special assessment roll, at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official news- paper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of August 19, 1968; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed special assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's Office. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #590-68 WHEREAS, pursuant to the direction of the City Council in its resolution No. 289-68 adopted on March 27, 1968, and in accordance with Section 3.06 and Section 1 .01 of Ordinance No. 101, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of May 13, 1968, an assessment roll dated May 13, 1968 covering the installation of sidewalks on the east side of Levan Road from Jamison Street to Five Mile Road, Section 20, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district hereto- fore established for the construction and operation of the proposed improvement in said district as designated in the said resolution No. 289-68. THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to gist the notice required by the provisions of Section 3.08 of Ordinance No. 101, as amended, of the City, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road, on Monday, August 19, 1968, at 8:00 p. m. to review the said special assessment roll, at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official news- paper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the afore- said date of August 19, 1968; the City Clerk is also directed to give 9603 notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed special assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessors Office. By Councilman Ventura, seconded by Councilman Kleinert, it was #591-68 RESOLVED, that having considered a communication dated May 8, 1968 from the City Planning Commission, which transmits its resolution #14-49-68 adopted by the Commission on April 23, 1968 with regard to Petition 67-12-2-23 submitted by Leo R. Burton requesting permission to construct and operate a Class C liquor establishment as a waiver use on parcel 28EE2bc, zoned as C-2, located on the west side of Farmington Road, north of Plymouth Road in the S. E. 1/4 of Section 28, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 67-12-2-23 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, Ventura, Raymond, McCann, Nash, and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Ventura, it was #592-68 RESOLVED, that having considered a communication dated May 10, 1968 from the City Planning Commission, which transmits its resolution #14-47-68 adopted by the Commission on April 23, 1968, with regard to Petition 67-6-2-11 submitted by Robert L. Tipton in behalf of Kenwood Church of Christ requesting permission to construct a church as a waiver use on property zoned RUFA located on the east side of Merriman Road approxi- mately 330 feet north of Fargo in Section 2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 67-6-2-11 is hereby approved and granted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, Ventura, Raymond, McCann, Nash, and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Kleinert, and unanimously adopted, it was #593-68 RESOLVED, that in accordance with the provisions set forth in Section 14 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, August 19, 1968 at 8:00 P. M. with respect to the following matter: Petition 67-10-6-7 submitted by the City Planning Commission on its own motion, pursuant to Council Resolution 9604 #1200-65, so as to determine whether or not to amend Ordinance No. 543, the Zoning Ordinance, by adding Article XXIX, I-C District Regulations, the City Planning Commission having in its resolution #4-51-68 recommended to the City Council that Petition 67-10-6-7 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 Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #594-68 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, August 26, 1968, at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, on the following matter: Petition 65-12-1-40 submitted by Joseph B. Monaco for a change of zoning of property located at the N. E. corner of Farmington Road and Lyndon Avenue in Section 22, from RUF to PS, the City Planning Commission having in its resolution #4-46-68 recommended to the City Council that Petition 65-12-1-40 be denied; further, that the City Clerk is hereby re- quested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement, indicating the nature and location of the proposed change of zoning, 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 Ventura, seconded by Councilman Kleinert, and unanimously adopted, it was #595-68 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, August 26, 1968 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, on the following matter: Petition 68-1-1-3 submitted by Edna and Jess Ziegler for a change of zoning of property located at the N. E. corner of Farmington Road 9605 and Pickford in the N. W. 1/4 of Section 10, from R-1 to PS, the City Planning Commission having in its resolution #4-50-68 recommended to the City Council that Petition 68-1-1-3 be denied; further, that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement, indicating the nature and location of the proposed change of zoning, 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 Milligan, seconded by Councilman Kleinert, and unanimously adopted, it was #596-68 RESOLVED, that the Council does hereby determine with respect to the investigation which was initiated pursuant to Council Resolution #619-65 to ascertain the reason at that time for a "large number of personnel resigning" in the Police Department, to take no further action at this time with respect to the same. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #597-68 RESOLVED, that having considered a communication dated December 6, 1963 from the former City Planner with respect to the possibility of obtain- ing property referred to therein as the Wheelock Property (15205 Shadyside, Livonia, Michigan) for civic center purposes, the Council does hereby refer the same to the Livonia Municipal Building Authority for its report and recommendation. By Councilman Raymond, seconded by Councilman Milligan, and unanimously adopted, it was #598-68 RESOLVED, that having considered a communication from William N. Ponder, dated December 6, 1963, regarding the erection of a permanent memorial to the late President John F. Kennedy, the Council does hereby refer the same to the next study session of the Council. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #599-68 RESOLVED, that having considered a letter dated March 30, 1964 from the City Clerk in regard to the payment of compensation to the Livonia Board of Canvassers under the provisions of Act 65, Public Acts of Michigan, Special Session of 1963, the Council having already taken action with respect to this matter in its resolution #97-68, the Council does hereby determine to take no further action with respect to the same. 9606 The communication dated October 26, 1965, from the Civil Service Commission L relative to the proposed Safety Officer Program, submitted pursuant to CR#8814-65, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Kleinert, it was RESOLVED, that having considered a letter dated April 27, 1967, from the Mayor relative to reappointment of Donald C. Pollock, 31104 Rich- land, Livonia, Michigan, as a member of the Livonia City Planning Commission for a three year term expiring June 9, 1970, the Council does hereby approve the same. By Councilman Milligan, seconded by Councilman McCann, it was #600-68 RESOLVED, that having considered a letter dated April 27, 1967, from the Mayor relative to reappointment of Donald C. Pollock, 31104 Rich- land, Livonia, Michigan, as a member of the Livonia City Planning Commission for a three year term expiring June 9, 1970, the Council does hereby table the same to its next study session, to be held June 12, 1968. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Ventura, *Raymond, McCann, and *Nash. NAYS: Kleinert and McNamara. The President declared the resolution adopted. *Councilman Raymond wishes the record to show that he voted "yes" in order to accommodate Councilman Milligan's request to discuss the matter further. *Councilman Nash wishes the record to show that he is in favor of Donald C. Pollock's reappointment to the Planning Commission but that he will honor Councilman Milligan's request for further study. By Councilman Milligan, seconded by Councilman McCann, it was RESOLVED, that having considered a letter dated April 28, 1967, from the Mayor relative to reappointment of Mrs. Myra Chandler, 15715 Southampton, Livonia, Michigan, as a member of the Livonia City Planning Commission for a three year term expiring June 9, 1970, the Council does hereby refer the same to its next study session, to be held June 12, 1968. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, and Nash. NAYS: Kleinert, Ventura, Raymond, and McNamara. The President declared the resolution denied. 9607 By Councilman Raymond, seconded by Councilman Kleinert, it was RESOLVED, that having considered a letter dated April 28, 1967, from the Mayor relative to reappointment of Mrs. Myra Chandler, 15715 Southampton, Livonia, Michigan, as a member of the Livonia City Planning Commission for a three year term expiring June 9, 1970, the Council does hereby approve of the same. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #601-68 RESOLVED, that having considered a letter dated April 28, 1967, from the Mayor relative to reappointment of Mrs. Myra Chandler, 15715 Southampton, Livonia, Michigan, as a member of the Livonia City Planning Commission for a three year term expiring June 9, 1970, the Council does hereby refer the same to its next study session to be held June 12, 1968. *Councilman Ventura wishes the record to show that his "yes" vote was cast out of respect for Councilman Milligan's request for further study. By Councilman Milligan, seconded by Councilman Raymond, it was #602-68 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit con- sideration of several items that do not appear on the agenda. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, Raymond, and Nash. NAYS: Ventura, McCann, and McNamara. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Raymond, it was #603-68 RESOLVED, that the Council does hereby request that the Department of Law do such things as may be necessary for the purpose of instituting legal proceedings in the Circuit Court for the County of Wayne in order to obtain injunctive relief so as to restrain the holding of any election in pursuance of the current proposed Wayne County Apportionment Plan; that such legal proceedings be instituted in behalf of the City of Livonia, as well as Peter A. Ventura and Edward G. Milligan as Councilmen, members of the Wayne County Board of Supervisors, registered voters, citizens and taxpayers of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Ventura, Raymond, and Nash. NAYS: Kleinert, McCann, and McNamara. The President declared the resolution. adopted. 9608 On motion of Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, this 609th regular meeting of the Council of the City of Livonia was duly adjourned at approximately 10:30 P. M., May 29, 1968. 6 L-14 dr ADDISON W. BACON, City_ ler