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HomeMy WebLinkAboutCOUNCIL MINUTES 1968-07-17 9699 LMINUTES OF THE SIX HUNDRED FOURTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 17, 1968, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the Vice-President of the Council at approximately 8:10 P. M. . Councilman Kleinert delivered the invocation. Roll was called with the following result: Present--Robert E. McCann, Rudolf R. Kleinert, Peter A. Ventura, Jerry Raymond and Robert F. Nash. Absent--Edward H. McNamara and Edward G. Milligan. Elected and appointed officials present: Addison W. Bacon, City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, Chief Assistant City Attorney, James R. McCann, Municipal Judge; Marie Talbot, Court Clerk; Robert A. Shaw, Director of Public Works; David L. Jones, Water and Sewer Commissioner; John T. Dufour, Superintendent Lof Parks and Recreation; William J. Strasser, City Engineer, Donald Nicholson, Director of Public Safety, Dan Andrew, Industrial Coordinator; Don Hull, City Planner; James Jordan, Police Chief; Calvin Roberts, Fire Chief; Henry Sieferd, City Assessor; Carl Demek, Superintendent of Operations Division; Victor C. Phillips, Budget Director; Thomas J. Griffiths, Jr. , Chief Accountant; Kenneth W. Kampman, Director of Civil Defense; Richard Simpson, Traffic Commission, Raymond Danaher, Budget Analyst, Robert Colomina, Planning Commission, and John Stymelski of the Traffic Commission. By CouncilmAn Ventura, seconded by Councilman Raymond, and unaniaously adopted, it was #743-68 RESOLVED, that the minutes of the 613th regular meeting of the Council of the City of Livonia, held June 26, 1968 are hereby approved as revised. Lit was Ventura, seconded by Councilman Nash, and unanimously adopted, #744-68 RESOLVED, that the communications from the Mayor listed below are hereby referred to the next study session of the Council to be held on July 24, 1968- 9700 1. Traffic Signal Light at Inkster and Grantland (CR#615-68). 2. Lights in Various Park Sites (CR#616-68). 3. Emergency Library Personnel Appropriation (CR#623-68). 4. Transfer of Funds in the City Planning Department (CR#674-68). 5. Installation of Underground Sprinkling Systems (CR#702-68). By Councilman Kleinert, seconded by Councilman Nash, it was #745-68 WHEREAS, the City of Livonia has an active Civil Defense Organi- zation eligible to participate in the Federal Surplus Property Program; and WHEREAS, it is a requirement of law that a resolution be adopted by the governing body of the City of Livonia specifically designating the individual to be responsible for accepting the federal surplus property on behalf of this community, and empowering and authorizing such individual to sign for such surplus property so received; and WHEREAS, Mr. Kenneth W. Kampman is the Director of Civil Defense for the City of Livonia; NOW, THEREFORE, BE IT RESOLVED: 1. That the Council of the City of Livonia does hereby designate Mr. Kenneth W. Kampman, Director of Civil Defense, 15050 Farmington Road, Livonia, as the individual responsible for accepting federal surplus property, with the full power and authority to sign for surplus property so received, 2. That money is available to pay the service charges on surplus property received; and 3. That Mr. Kenneth W. Kampman is further authorized to pay and/ or to direct the payment of such surplus property service charges in order to complete such transactions and in order to carry out all of his duties and responsibilities in connection with the Federal Surplus Property Pro- gram 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 : Kleinert, Ventura, Raymond, Nash and McCann. NAYS: None. *The Vice-President relinquished the Chair to Councilman Nash and was excused at 8:17 P. M. By Councilman Raymond, seconded by Councilman Ventura, it was #746-68 RESOLVED, that in accordance with the provisions of State Law (Sections 600.101, et seq. of the Compiled Laws of 1948 as amended), the Council does hereby determine that effective January 1, 1969 the two Judges of the District Court to be established in the City of Livonia (16th District) shall each receive a total salary in the amount of $27,500 per year, of which annual salary the sum of $18,000 shall be pay.. able by the State of Michigan and the sum of $9500 shall be payable by the City of Livonia with respect to each Judge. 9701 A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond and Nash. NAYS : Kleinert. The Chairman declared the resolution adopted. *Vice-President McCann returned at 8.25 P. M. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #741-68 RESOLVED, that the Council does hereby amend council resolution #689-68, adopted on June 12, 1968, so as to have the same read as follows- RESOLVED, that the Council does hereby request that the City Planning Commission, in accordance with the provisions set forth in Article XXIII of the Zoning Ordinance, Ordinance No. 543, as amended, conduct a Public Hearing and thereafter submit its report and recommendation to the City Council with regard to a proposed revision of Section 11.03(h) of the said Ordinance so as to amend and revise the same in the following manner: Paragraph (h) of Section 11.03 to read as follows: (h) Class C Liquor licensed establishments, provided that such use shall not be located within one thousand (1,000) feet of any other Class C licensed establishment as measured from the actual premises being used or proposed for such use of the respective property; provided, how- ever, that with respect to those Class C liquor licensed establishments which are utilized primarily as restaurants or for dining facilities the foregoing one thousand (1,000) foot requirement may be waived by the City Council. By Councilman Nash, seconded by Councilman Kleinert, it was #748-68 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated May 31, 1966 and the report and recommendation of the Director of Public Safety dated May 29, 1968 in connection therewith, the Council does hereby approve of the request from Roman Fracala for a new Dance Permit to be held in conjunction with existing 1968 Class C license at 28001 W. Seven Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert, Ventura, Raymond, Nash and McCann. NAYS: None. 9702 Councilman Ventura introduced the following Ordinance: 1. AN ORDINANCE AMENDING CHAPTER II OF ORDINANCE NO. 145, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "MISDEMEANOR ORDINANCE" BY ADDING SECTION 2.__ THERETO. 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 Kleinert, it was RESOLVED, that the "Stop and Frisk" Ordinance is hereby referred to the next study session of the Council. A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert. NAYS: Ventura, Nash and McCann. The Vice-President declared the resolution denied. *Councilman Raymond was excused at 8:35 P. M., prior to the roll call of the above resolution, for the remainder of the meeting. Councilman Nash took from the table for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 176 OF THE CITY OF LIVONIA ENTITLED, "AN ORDINANCE TO PROVIDE FOR THE CARE OF FIRE HYDRANTS AND WATER PIPES; TO FORBID USE OF HYDRANTS OR WITHDRAWAL OF WATER WITHOUT PROPER AUTHORIZATION, TO REGULATE THE PER- MISSIVE USE OF HYDRANTS AND WITHDRAWAL OF WATER THEREFROM, INCLUDING THE ISSUANCE OF PERMITS, FIXING OF RATES, AND TNSPECTION FOR DAMAGE, AND TO PROVIDE PENALTIES FOR VIOLATION HEREOF", introduced by Councilman Raymond on June 26, 1968. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Kleinert, Ventura, Nash and McCann. NAYS : None. The Vice-President declared the foregoing Ordinance duly adopted and would become effective on publication. 9703 Councilman Nash took from the table for second reading and adoption, the Lfollowing Ordinance: AN ORDINANCE AMENDING ARTICLES I, III, IV, V, VIII, XI AND XVII OF ORDINANCE NO. 549, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "TRAFFIC ORDINANCE," BY AMENDING SECTION 1.71, 3.3, 4.5, 4.13, 5.4, 5.5, 8.4, 11.4, 17.12, 17.17 and 17.23 THEREOF AND BY REPEALING SECTION 4.3 THEREOF, introduced by Councilman Raymond on June 26, 1968. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Kleinert, Ventura, Nash and McCann. NAYS: None. The V-President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Ventura, seconded by Councilman Nash, it was #749-68 RESOLVED, that having considered a letter dated June 7, 1968 from Jack W. Perlman, attorney for the Himander Company the developers of Beatrice Gardens Subdivision located in the Northeast 1/4 of Section 8, City of Livonia, Michigan, with respect to the status of the improve- ments in the said subdivision and the general improvement bond authorized in council resolution #742-64, adopted on September 9, 1964, and having also considered the report and recommendation of the City Engineer with respect to this matter, the Council does hereby determine to release Himander Company from the obligation and further responsibility with respect to the required public improvements in the said subdivision, on the basis set forth in the aforesaid communication from Mr. Perlman that the $10,000 Cash General Improvement Bond shall be forfeited to the City as well as the $2,000 Cash Ditch Maintenance Bond as full settlement in this regard to be used by the City for the purpose of undertaking the correction and replacement of such work as may be necessary; and further, the Council does hereby authorize the expenditure of the sum of $830 from the aforesaid sum to be made to the Beatrice Gardens Subdivision Civic Association for the purpose of helping to defray the cost involved in the sodding and improving of certain islands in the said subdivision, subh payment to be made by the City Clerk upon certification by the Director of Public Works that such work has in fact been done by the said Civic Association, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES : Kleinert, Ventura, Nash and McCann. NAYS : None. 970+ By Councilman Kleinert, seconded by Councilman Nash, and unanimously Ladopted, it was #750-68 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated May 9, 1968 and the report and recommendation dated May 28, 1968 from the Director of Public Safety in connection therewith, the Council does hereby determine to take no action with regard to this matter since such License has already been issued by the Michigan Liquor Control Commission and the question in this regard is now moot. By Councilman Kleinert, seconded by Councilman Nash, it was #75i-68 RESOLVED, that the communication dated June 11, 1968 from the Michigan Liquor Control Commission with respect to an application received from Thompson Food Enterprises, Inc. , of 1006 Detroit Bank and Trust Building, Detroit, Michigan, for a new full year Tavern License to be located at 29000 Plymouth Road, Livonia, Michigan, is hereby referred to the Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result AYES: Kleinert, Nash and McCann. NAYS: Ventura. The Vice-President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #752-68 RESOLVED, that having considered a letter dated June 13, 1968 from Philip H. Power, Publisher, Observer Newspapers, Inc., wherein a request is made for the re-designation of The Livonia Observer as the official newspaper for the City of Livonia for the ensuing year, the Council does hereby request that the Publishers of all interested news- papers meet with the Council for the purpose of discussing this matter; and the City Clerk is hereby requested to make the arrangements for such meeting. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #753-68 RESOLVED, that having considered a communication dated May 2, 1968 from the City Planning Commission which sets forth its resolution #4-45-68 in regard to Petition #68-3-2-3, as submitted by Pure Oil Division of the Union Oil Company of California, requesting permission to construct and operate a gasoline service station as a waiver use on property located at the northeast corner of Seven Mile Road and Newburgh Road in Section 5, which property is zoned C-2, and the Council having conducted its public hearing with regard to this matter on June 17, 1968, pursuant to council resolution #513-68, and the Council having considered petitions submitted with respect to this matter by residents living in the area as well as a 9705 communication dated May 3, 1968 from the Union Oil Company of California, the Council does hereby determine to refer this matter to the next regular meeting of the Council, to be held July 24, 1968. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #754-68 RESOLVED, that the Council having considered the report and recommendation of the City Engineer dated April 26, 1968, approved by the Director of Public Works, and approved for submission by the Mayor, with respect to the proposed improvement consisting of the completion of the pavement on the west side of Henry Ruff Road immediately north of Lyndon Avenue (northwest corner)in the City of Livonia, and the Council having conducted a public hearing with respect to this matter on June 17, 1968, the Council does hereby refer the same back to the City Engineer for the purpose of enlarging the district so as to include the north side of Lyndon Avenue, which matter shall be further considered, upon submis- sion to the Council, at a new Public Hearing to be conducted for this purpose. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #755-68 RESOLVED, that having considered a communication from the City Engineer dated April 15, 1968, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the proposed improvement of Purlingbrook Avenue from the south line of the proposed Patrick McNamara Towers Senior Citizens Housing site to St. Martins Avenue in the South 1/2 of Section 2, City of Livonia, Wayne County, Michigan, and the Council having conducted a public hearing with respect to this matter on June 17, 1968, the Council does hereby refer the same back to the City Engineer for the purpose of enlarging and expanding the proposed improvement and Special Assessment District which matter shall be further considered, upon submission to the Council, at a new Public Hear- ing to be conducted for this purpose. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #756-68 RESOLVED, that having considered a letter dated June 4, 1968 from certain residents of Kingsbury Court in the Blue Grass Farms Sub- division, with respect to the installation of street lighting in this area, the Council does hereby refer the same to the Department of Law and the Engineering Division for their respective reports and recommendations relative to such lighting in the area, the type as well as possible modifications of the same. By Councilman Nash, seconded by Councilman Kleinert, it was 97C6 #757-68 RESOLVED, that having considered a communication dated May 16, 1968 from the Operations Division of the Dept. of Public Works, approved by the Director of Public Works and approved for submission by the Mayor, wherein a request is made for funds to cover the cost of the installation of water taps on certain boulevards and cul-de-sacs, previously approved by the City Council, the Council does hereby refer this matter to the Water and Sewer Board for its report and recommendation relative to the possible use of moneys which may be available in the Water and Sewer Budget to finance the subject water tap installations as well as to revise Paragraph 4 of the Policy Statement set forth in council resolution #28-68 in this manner. A roll call vote was taken on the foregoing resolution with the following result• AYES : Kleinert, Ventura, Nash and McCann. NAYS : None. By Councilman Kleinert, seconded by Councilman Ventura, it was #758-68 RESOLVED, that having considered a communication dated June 3, 1968 from the Director of Civil Defense, approved for submission by the Mayor and the Budget Director, relative to certain uniform needs of members of the Office of Civil Defense, the Council does hereby authorize the transfer of $200 from Civil Defense Training Acct. #166-28 to Civil Defense Uniform Acct. #166-59 for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES • Kleinert, Ventura, Nash and McCann. NAYS : None. By Councilman Ventura, seconded by Councilman Kleinert, it was RESOLVED, that having considered a communication from the Department of Law dated May 22, 1968, submitted pursuant to council resolution #366-68, as well as a letter dated June 18, 1968 from Mahlen Land Corp., as well as a communication dated June 29, 1968 from Elvin D Dougherty, relative to a request made by the Mahlen Land Corp. to divide Parcel 22AA2a, located in Section 22, into three parcels, the Council does hereby determine to deny such request. By Councilman Nash, seconded by Councilman McCann*, it was RESOLVED, that having considered a communication from the Department of Law dated May 22, 1968, submitted pursuant to council resolution #366-68, as well as a letter dated June 18, 1968 from Mahlen Land Corp. , as well as a communication dated June 29, 1968 from Elvin D. Dougherty, relative to a request made by the Mahlen Land Corp. to divide Parcel 22AA2a, located in Section 22, into three parcels, the Council does hereby table this matter until such time as Mr. Pastor is present. 9707 A roll call vote was taken on the tabling resolution with the following result AYES : McCann and Nash. NAYS: Kleinert and Ventura. The Chairman declared the tabling resolution denied. *The Vice-President relinquished the Chair to Councilman Nash, to support the foregoing resolution and thereafter resumed the Chair. A roll call vote was taken on the original resolution with the following result: AYES: Kleinert and Ventura. NAYS: Nash and McCann. The Vice-President declared the resolution denied. By Councilman Ventura, seconded by Councilman Nash, it was RESOLVED, that the Mayor and City Clerk be requested to make application to the Michigan Municipal Finance Commission in order to sell Tax Anticipation Notes to provide funds necessary to provide City Lservices. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura and Nash. NAYS: Kleinert and *McCann. The Vice-President declared the resolution denied. *Vice-President McCann made the following statement: "My 'no' vote was cast inasmuch I feel that the Mayor and the City Clerk would be able to come up with constructive ideas as to how to overcome this difficulty". By Councilman Nash, seconded by Councilman Kleinert, it was #759-68 RESOLVED, that having considered a communication dated June 11, 1968 from the Director of Public Safety, approved by the Mayor and the Budget Director, with respect to additional adjustments to be made in the budget of the Police Division relative to the payment of compensation for overtime, the Council does hereby authorize the transfer of $26,244 from the Reserve for Contingencies Acct. to Police Acct. #189-0T-Auxiliary Services, for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Nash and McCann. NAYS: *Ventura. The Vice-President declared the resolution adopted. 9708 -Councilman Ventura made the following statement "My 'no' vote was cast as I feel that you cannot transfer money from an account that does not have the funds in it". By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #760-68 RESOLVED, that the item on the agenda relative to the appointment of Mrs. Myra Chandler, Donald C. Pollock and Robert Colomina to the Planning Commission be tabled until such time as all members of the Council are present. By Councilman Nash, seconded by Councilman Kleinert, it was #761-68 RESOLVED that, Rouge Building Company, 26011 Evergreen Road, Southfield, Michigan 48075, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Levan Heights Subdivision No. 2, located in the N.E. 1/4 of Section 20, City of Livonia, the sEid proposed preliminary plat being dated February 20, 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 February 20, 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 May 13, 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 amended; (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, 9709 (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 $1,074.53 Traffic Control Signs 76.50 Plan review, field inspection and administration (5% before contingencies ) 4,182.66 (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 subdivision 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 prescrib- ed period; that in the event the proprietor elects to deposit such financial assurances, the same shall be in the following amounts: General Improvement Bond - $84,000.00, of which at least 8,400.00 shall be in cash. Sidewalk Bond - 8,000.00, of which at least 4,000.00 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. (10) At the request of the proprietor, Lot 53 as shown on the plat as submitted, is hereby deleted, and shall not be considered to be part of the plat as herein approved. A roll call vote was taken on the foregoing resolution with the following result: LAYES: Kleinert, Nash and McCann. NAYS: Ventura. The Vice-President declared the resolution adopted. 9710 By Councilman Nash, seconded by Councilman*McCann, it was #762-68 RESOLVED that, Anthony J. Margiotta, 14489 Park Avenue, Livonia, Michigan 48154, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: H. E. Mallon Subdivision No. 1, located in the East 1/2 of Section 3, City of Livonia, the said proposed preliminary plat being December 11, 1967; 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 January 16, 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 June 4, 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 amended; (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; (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 $280.00 Traffic Control Signs 22.50 Plan review, field inspection and administration (5% before contingencies) 195.00 Monuments & Markers (Escrow Deposit to be returned to the proprietor after Monuments & Markers are in place) 370.00 ira (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 subdivision regulations; 9711 (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 - $1,760.00, of Bch at least 176.00 shall be in cash. Sidewalk Bond - 2,530.00, of which at least 2,000.00 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: Kleinert, McCann and Nash. NAYS : Ventura. The Vice-President declared the resolution adopted. *The Vice-President relinquished the Chair to support the above motion and thereafter resumed the Chair. By Councilman Ventura, seconded by Councilman Kleinert, and unanimously adopted, it was #761-\-68 RESOLVED, that having considered a communication dated May 9, 1968 from William N. Ponder, attorney, in behalf of his client, Charles J. Gillies, relative to certain technical problems in connection with the proposed apartment building, as well as the construction of storm drain sewers relating to the same, the Council does herebyrrefer this matter to the pureau of Inspection and the Engineering Division for their respective reports and recommendations. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was 9712 #764-68 RESOLVED, that having considered a communication from the Industrial Coordinator of the Industrial Development Commission, dated March 18, 1968, approved for submission by the Mayor, with respect to the establishment of a policy by this Council regarding the issuance of liquor licenses to major motel firms in connection with the construction of new major motel facilities in Livonia, Michigan, the Council does hereby determine to table this matter to a study session when all members of the Council are present. By Councilman Kleinert, seconded by Councilman Ventura, it was #765-68 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated May 20, 1968, approved by the Budget Director, and approved for submission by the Mayor, which transmits a resolution adopted by the Commission on May 14, 1968 wherein it is recommended that the Council authorize the installation of a primary electrical system, in lieu of the secondary electrical system previously authorized in council resolution #1014-67, for installation at the Henry Ford Field's new Recreation Center, at a cost of $9,521.00, the Council does hereby determine to concur in the recommendation set forth in the aforesaid communication and does hereby authorize Gillis Electric Co. to add the said underground work to the existing contract between that Company and the City at a cost of $3,521.00, further, the Council does hereby authorize the purchase from The Detroit Edison Co. of the existing Pad-Mount Transformer as well as a new one to be located at the said Recreation Center for a sum not to exceed $6,000.00, and further, the Council does hereby authorize the expenditure of the sum of $9521 from the General Obligation Parks and Recreational Facilities Bonds for these purposes, and the Mayor, City Clerk, and the City Treasurer are hereby authorized to do all things necessary for and on behalf of the City of Livonia in order to fulfill the purposes of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, Ventura, Nash and McCann. NAYS : None. At 9:24 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, with the exception of Councilman Raymond. Items 20, 21 and 22 on the agenda, relative to proposed amendments to Ordinance #449 (Building Code Ordinance), were referred to the next regular meeting to be held July 24, 1968. By Councilman Kleinert, seconded by Councilman Nash, it was 9713 #766-68 RESOLVED, that having considered a letter dated May 17, 1968 from the Industrial Coordinator, approved for submission by the Mayor, in regard to a revision of the Detroit News Advertising Contract which was previously authorized in council resolution #1091-67, the Council does hereby authorize the Industrial Coordinator to continue the subject advertising program upon settlement of the newspaper strike, which pro- gram shall consist of twenty-six 2-column by 3 inch advertising in the Sunday Industrial Real Estate Section of the Detroit News for a total cost of $2,886.88 ($110.88 per insertion), pursuant to the provisions of the proposed Retail Advertising Contract submitted; and the Mayor and City Clerk are hereby authorized to execute the proposed Retail Advertis- ing Contract for and on behalf of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Nash and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #767-68 RESOLVED, that the Council does hereby determine to refer the matter of the paving and drainage of Doris Avenue in Section 14, from Five Mile Road to Puritan, to the next regular meeting of the Council to be held July 24, 1968. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #768-68 RESOLVED, that the Council does hereby determine to refer the Street Lighting Installation for the Franklin Square Apartments, as well as Lancaster, Garden & Cavour Avenues in Section 13, to the next regular meeting to be held July 24, 1968. By Councilman Ventura, seconded by Councilman Nash, it was #769-68 RESOLVED, that having considered a communication dated June 10, 1968 from the Asst. City Engineer and the Industrial Coordinator, approved by the Director of Public Works and the City Engineer, and approved for submission by the Mayor, relative to the proposed Industrial Road from Stark Road to Levan Road, the Council does hereby request that the Depart- ment of Law prepare all necessary resolutions, for submission to Council, in connection with such condemnation proceedings as may be necessary for the acquisition of right-of-way in connection with this project as well as the employment of expert appraisers in this regard; further, the Department of Law, the Industrial Coordinator and the Engineering Division are hereby requested to proceed with obtaining the dedication of right- of-way with respect to this project in accordance with the manner indicat- ed in the aforesaid communication; and further, the Budget Director and the Department of Public Works are hereby requested to advertise and take bids relating to the clearing and grubbing of the proposed right-of-way as well as the installation of sanitary sewers, in accordance with the provisions set forth in the Financial Ordinance, Ordinance No. 216, as amended. 97,4 A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, Ventura, Nash and McCann. NAYS: None. The following preamble and resolution were offered by Councilman Kleinert and supported by Councilman Nash: #770-68 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan, intends to authorize the issuance of special assessment bonds in an amount not to exceed One Hundred Thirty Thousand ($130,000.00) Dollars, for the purpose of defraying the special assessment district's share of the cost of constructing street improvements in Special Assess- ment District No. 59; AND WHEREAS, notice of intent to issue bonds must be published at least thirty (30) days before adoption of a resolution authorizing the issuance of the same in order to comply with the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Clerk is hereby authorized and directed to publish a notice of intent to issue bonds in the Livonia Observer of Livonia, Michigan, a newspaper of general circulation in the City of Livonia. 2. Said notice of intent so published shall be in substantially the following form: NOTICE OF INTENT TO ISSUE BONDS PLEASE TAKE NOTICE that the City Council of the City of Livonia intends to adopt a resolution authorizing the issuance of special assessment bonds of the City in an amount not to exceed $130,000.00, for the purpose of defraying the special assessment district's share of the cost of constructing street improvements in Special Assessment District No. 59. Said special assessment bonds, in addition to special assessments, shall pledge the full faith and credit of the City of Livonia. This Notice is given pursuant to the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended. City Clerk 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. 9715 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Nash and McCann. NAYS: None. The communication dated June 5, 1968 from the Department of Law, submitted pursuant to council resolution #283-68, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #771-68 RESOLVED, that having considered a communication from William N. Ponder, attorney, 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 Capital Improvement Committee for its report and recommendation. By Councilman Nash, seconded by Councilman Kleinert, and unanimously Ladopted, it was #772-68 RESOLVED, that the two proposed Charter amendments as set forth in resolutions attached to the communication from the Department of Law dated November 17, 1965, relative to terms for elected offices and require- ments for Appointive Office, be referred to the Department of Law for the purpose of revising and updating the same so as to make current the provisions therein. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #773-68 RESOLVED, that having considered a communication from the City Clerk dated June 7, 1968 relative to improving the public address system in the area of the City Hall utilized by the City Council in conducting its public meetings, the Council does hereby determine to table this matter until such time as correspondence is received from the Budget Director as to moneys available for this purpose. By Councilman Ventura, seconded by Councilman Kleinert, it was #7?4-68 RESOLVED, that having considered a communication from the Water and Sewer Board dated May 27, 1968, approved for submission by the Mayor, which transmits its resolution WS 1074 5/68, the Council does hereby concur in the recommendation submitted by the Water and Sewer Board as well as the recommendation of the Engineering Division, and the bids received with respect to the 1968 Miscellaneous Sanitary Sewer Extensions Program on May 15, 1968 are hereby rejected for the reasons indicated in the communi- cation from the Engineering Division, dated May 20, 1968, attached to the 9716 aforesaid communication from the Water and Sewer Board; further, the Council does hereby authorize the dividing of the said 1968 Miscellaneous Sanitary Sewer Extensions Program into smaller sections on a priority basis and does authorize the taking of new bids with respect to each of the sections in the manner recommended by the Water and Sewer Board. A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert, Ventura, Nash and McCann. NAYS: None. The communication dated May 23, 1968 from the Planning Commission relative to their "Progress Report", was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Nash, it was RESOLVED, that having considered a communication dated June 25, 1968 from the City Assessor, approved for submission by the Mayor, which transmits a request for a lot split submitted by Anthony J. Margiotta, H. E. Mallon Company in Section 3 of the City of Livonia, the Council does hereby determine to deny such request for the reasons set forth.: in communications from the Building Inspector &ad the City Planner relative to deficiency of depth requirements. A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura and Nash. NAYS: Kleinert and McCann. The Vice-President declared the resolution denied. By Councilman Kleinert, seconded by Councilman Nash, it was #775-68 RESOLVED, that having considered a communication dated June 25, 1968 from the City Assessor, approved for submission by the Mayor, which transmits a request for a lot split submitted by Anthony J. Margiotta, H. E. Mallon Company, and in accordance with the provisions of Act 288 of the Public Acts of 1968, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Council does hereby find that the proposed Division of Lot 272 of Spring Valley Subdivision in the E. 1/2 of Section 3 would not be contrary to the spirit and purpose of the aforesaid ordinance and does accordingly approve of dividing the same into two parcels the legal descriptions of which shall read as follows• PARCEL A: The north 90 feet of Lot 272 of Spring Valley Subdivision in the Southeast 1/4 of Section 3, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. PARCEL B: Lot 272, excepting the north 90 feet, of Spring Valley Subdivision in the Southeast 1/4 of Section 3, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan. 9717 as shown on the map attached to the aforesaid petition which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #776-68 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. Councilman Nash introduced the following Ordinance- AN ORDINANCE AMENDING SECTION 32 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 ORDI- NANCE," BY ADDING SECTION 3. THERETO RE: PETITION NO. 67-8-1-29 FOR CHANGE OF ZONING FROM C-1 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. By Councilman Ventura, seconded by Councilman Nash, it was #777-68 RESOLVED, that having considered a communication from the City Engineer dated June 20, 1968, approved by the Director of Public Works and approved for submission by the Mayor, in regard to an Agreement sub- mitted by the United States Department of Housing and Urban Development for a Public Works Plan Preparation Grant to effect the separation of the existing combined sewerage system in part of the City of Livonia, Project P-Mich-3232 Contract No. H(402)-3102, the Council does hereby authorize the Mayor and City Clerk to execute the said agreement accept- ing the subject Preliminary Planning Grant in behalf of the City of Livonia; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. L A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Nash and McCann. NAYS: None. 9718 By Councilman Kash, seconded by Councilman Kleinert, it was #778-68 RESOLVED, that having considered a letter from the firm of Lybrand, Ross Bros. & Montgomery dated June 18, 1968, submitting proposed contracts for the City, and the Water and Sewer Division for auditing services to be rendered during the current fiscal year by the aforesaid firm, the Council does hereby authorize the said contracts therefor on the basis of the terms and conditions as submitted, thereby engaging the services of Lybrand, Ross Bros. & Montgomery for this purpose, and the Mayor and City Clerk are hereby authorized to execute the aforesaid contracts in behalf of the City of Livonia as well as to do all things necessary for the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert, Ventura, Nash and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Ventura, and unanimously adopted, it was #779-68 RESOLVED, that having considered a request dated July 2, 1968 from Thomas Cadwalloder, 9132 Idaho Ave., Livonia, Michigan, regarding an exception 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 an exception of the Ordinance pursuant to Section 3.10 of Ordinance No. 662, as amended, and authorizes the issuance of a Building Permit to construct the said swimming pool on the aforesaid property six (6) feet from the adjacent side property line in lieu of the ten (10) feet required in the manner as shown on the map attached to the aforesaid communication. By Councilman Ventura, seconded by Councilman Kleinert, and unanimously adopted, it was #78068 RESOLVED, that having considered a request dated July 10, 1968 from George Apap, 15205 Houghton, Livonia, Michigan, regarding an exception 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 an exception of the Ordinance pursuant to Section 3.10 of Ordinance No. 662, as amended, and authorizes the issuance of a Building Permit to construct the said swimming pool on the aforesaid property six (6) feet from the adjacent side property line in lieu of the ten (10) feet required in the manner as shown on the map attached to the aforesaid communication. By Councilman Kleinert, seconded by Councilman Ventura, and unanimously adopted, it was 9719 #781-68 RESOLVED, that having considered a request dated July 16, 1968 from Mrs. Dean L. Stone, 30039 MacIntyre, Livonia, Michigan, regarding an exception 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 an exception of the Ordinance pursuant to Section 3.10 of Ordinance No. 662, as amended, and authorizes the issuance of a Building Permit to construct the said swimming pool on the aforesaid property six (6) feet from the adjacent side property line in lieu of the ten (10) feet required in the manner as shown on the map attached to the aforesaid communication. By Councilman Kleinert, seconded by Councilman Ventura, and unanimously adopted, it was #782-68 RESOLVED, that having considered a request dated july 16, 1968 from Robert J. Kuhn, 38732 Lancaster, Livonia, Michigan regarding an exception 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 an exception of the Ordinance pursuant to Section 3.10 of Ordinance No. 662, as amended, and authorizes the issuance of a Building Permit to construct the said swimming pool on the aforesaid property six (6) feet from the adjacent side property line and six (6) feet from the rear property line in lieu of the ten (10) feet required in the manner as shown on the map attached to the aforesaid communication. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #783-68 RESOLVED, that having considered a request dated July 16, 1968 from Mrs. R. Kivimaki, 13855 Milburn, Livonia, Michigan regarding an exception 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 an exception of the Ordinance pursuant to Section 3.10 of Ordinance No. 662, as amended, and authorizes the issuance of a Building Permit to construct the said swimming pool on the aforesaid property six (6) feet from the adjacent side property line in lieu of the ten (10) feet required, in the manner as shown on the map attached to the aforesaid communication. On motion of Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, this 614th regular meeting of the Council of the City of Livonia was duly adjourned at 10:05 P. M., July 17, 1968. c(fe---ge I/ ) - ADDISON W. BACON, C1 k.