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HomeMy WebLinkAboutCOUNCIL MINUTES 1967-03-06 8526 MINUTES OF THE FIVE HUNDRED SIXTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 6, 1967, 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 9:05 P. M. Councilman McNamara delivered the invocation. Roll was called with the following result: Present--Peter A. Ventura, Rudolf R. Kleinert, Edward H. McNamara, Jerry Raymond, Robert F. Nash, Jack Salvadore and Edward G. Milligan. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk, Steve Poigar, City Attorney; Harry C. Tatigian, Chief Assistant City Attorney; James R. McCann, Municipal Judge, Virginia G. Handzlik, Deputy City Clerk; Robert A. Shaw, Director of Public Works; Donald Nicholson, Director of Public Safety; Don Hull, City Planner; David L. Jones, Water and Sewer Commissioner, Henry Sieferd, City Assessor, John T. Dufour, Director of Parks and Recreation; Frank Kerby, Chief Building Inspector; Wilbert Cooper, Director of Civil Defense, Victor C. Phillips, Budget Director; and Ed Siemert, Assistant City Engineer. The President of the Council welcomed the young adults participating in Student Government Day. They were as follows : MAYOR: John Garrison, Clarenceville High School JUDGE: Sue Vertin, Ladywood High School TREASURER: Cindy Wallis, Stevenson High School DEPUTY TREASURER: Ellen Cummerl, Ladywood High School CITY CLERK: Georgina Buttigieg, Franklin High School DEPUTY CITY CLERK: Sheryl Karbon, Ladywood High School MEMBERS OF THE COUNCIL: Gary Bell, Bentley High School, President Bill Miller, Franklin High School,V-Pres. Rhoda Weiss, Clarenceville High School Dave Mastny, Stevenson High School Gary Greening, Franklin High School Carla Stewart, Bentley High School Sue Rahmel, Ladywood High School CITY ATTORNEY: Hal Hultquist, Franklin High School DIRECTOR OF PUBLIC WORKS : Larry Hoggart, Bentley High School BUDGET DIRECTOR: Christopher Hanson, Franklin High School DIRECTOR OF PARKS & RECREATION:Greg Coleman, Bentley High School 8527 CONSTABLES : Marsha Harrington, Clarenceville High Paul Tonnemacher, Stevenson High School POLICE CHIEF: Wayne Stray, Clarenceville High School FIRE CHIEF: Stan Edwards, Stevenson High School WATER COMMISSIONER: Jim Olsen, Stevenson High School DIRECTOR OF PUBLIC SAFETY: Dale Juricisin, Bentley High School EXCHANGE STUDENTS: Jean Jacques Albaret, France Cindy Boonmonthira, Thailand Yong Keum Joh, South Korea Catalina Larraguibel, Chili Pilar Molina, Chili Pat Roa, Chili Gina Villacorte, Peru By Councilman McNamara, seconded by Councilman Nash, and unanimously adopted, it was #249-67 RESOLVED, that the minutes of the 565th regular meeting of the Council of the City of Livonia, held February 27, 1967, are hereby approved. The President of the Council announced that the Council had received three veto messages from the Mayor, the first on resolution #225-67A, adopted on February 27, 1967, which rescinded Item No. 6 from council resolution #192-67, the second on resolution #226-67, adopted on February 27, 1967 relative to making the position Of Chief City Engineer an appointive position,,and- the third_on council resolution #227-67 adopted on February 27, 1967, which determined the salary of the Chief City Engineer as an appointee. By Councilman Raymond, seconded by Councilman Salvadore, it was RESOLVED that, having considered the veto by the Mayor, dated March 6, 1967 of resolution #225-67A, adopted by the Council on February 27, 1967, the Council does hereby readopt said resolution #225-67A 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: Raymond, Salvadore and Ventura. NAYS: McNamara, Nash, Milligan and Kleinert. The President declared the resolution denied and the Mayor's veto sustained. Councilman Salvadore stated that, although he was in favor of placing the position in Civil Service, due to the personality involved in this case, he could not vote in that manner. 8528 LThe President relinquished the Chair to the Vice-President at 9:47 P. M. , returned to the Chair at 9:49 P. M., relinquished the Chair at 9 51 P. M. and returned to the Chair at 9:53 P. M., in order to speak on the above motion. The Council took no action on the Mayor's vetoes of council resolutions #226-67 and #227-67, hence the Mayor's vetoes were sustained. By Councilman Raymond, seconded by Councilman McNamara, and unanimously adopted, it was #250-67 RESOLVED, that the Council does hereby request that the Depart- ment of Law render an opinion as to whether or not the Mayor may over-ride a motion to rescind, as adopted by the Council. By Councilman Milligan, seconded by Councilman Salvadore, and unanimously adopted, it was #251-67 RESOLVED, that the Council does hereby request the Mayor to direct his department heads and the chairmen of various city commissions to L appear at regular Council meetings and to speak on questions which may be raised at such meeting:= in lieu of personnel who are employees under Civil Service. By Councilman Kleinert, seconded by Councilman Milligan, it was #252-67 RESOLVED, that whereas there has been considerable discussion, motions to rescind, motions to reaffirm and other actions which may cloud the intent of the City Council, and in order to remove any doubt of it from the action taken in council resolution #192-67 in its entirety, the Council does hereby readopt and reaffirm the action taken, and any other resolution in conflict therewith is hereby rescinded to the extent necessary to be consistent with this action. A roll call vote was taken on the foregoing resolution with the following result AYES ' McNamara, Raymond, Nash, Salvadore, Milligan and Kleinert. NAYS . Ventura. The President declared the resolution adopted. *Councilman Nash stated that he was in complete agreement with the ruling that City employees should live in the City of Livonia and support the rules of the and Civil Service Commission/hopes that they will use a great deal of caution in setting up the classification of Chief City Engineer. 8529 By Councilman Salvadore, seconded by Councilman Milligan, it was #253-67 RESOLVED, that having considered a letter from the President of the Library Commission dated February 28, 1967, approved by the Mayor and the Budget Director, with regard to certain expenses involved in interviewing candidates for the position of Chief Librarian, the Council does hereby authorize the transfer of $300 from the Library's Salaries and Wages Account,#163-1 to the Civil Service applicant travel account #160-2, 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: McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS : None. By Councilman Nash, seconded by Councilman Raymond, it was RESOLVED, that the Council does hereby agree, as agents for the City, to meet with the Civil Service Commission, the Bargaining Committee and the representatives of the Fire Fighters Association for the purpose of trying to negotiate a settlement of the current dispute on wages, etc. By Councilman Raymond, seconded by Councilman Salvadore, it was RESOLVED, that the foregoing resolution be amended so as to preface the meeting with the aforementioned by first meeting with the Civil Service Commission and our Negotiating Team. By Councilman Milligan, seconded by Councilman McNamara, it was RESOLVED, that the foregoing amendment be amended so as to arrange a meeting of this Council only with the Civil Service Commission and the Bargaining Team of the City to resolve the differences as out- lined in the letter dated March 6, 1967 from the Fire Fighters Association. *President of the Council Ventura declared that the amendment to the amendment was out of order as it would change the intent of the resolution. Councilman Milligan challenged the ruling of the Chair. The President relinquished the Chair to the Vice-President at 10:21 P. M. A roll call vote was taken on the challenge to the ruling of the Chair, with the following result: AYES: Raymond, Ventura, Salvadore, Kleinert and Nash. NAYS: McNamara and Milligan. The Vice-President declared the ruling of the Chair upheld and the motion out of order. 8530 A roll call vote was taken on the amendment with the following result: AYES : McNamara, Raymond, Ventura and Nash. NAYS: Salvadore, Milligan and Kleinert. A roll call vote was conducted on the resolution, as amended, as follows : #254-67 RESOLVED, that the Council does hereby agree, as agents for the City, to meet with the Civil Service Commission, the Bargaining Committee and the representatives of the Fire Fighters Association for the purpose of trying to negotiate a settlement of the current dispute on wages, etc. , and further, that the meeting with the aforementioned be prefaced by a meeting with the Civil Service Commission and our Negotiating Team. with the following result: AYES: Raymond, Ventura, Salvadore and Nash. NAYS : McNamara, Milligan and Kleinert. The Vice-President declared the resolution, as amended, adopted. *Councilman Salvadore was excused at 10:24 P. M. for the balance of the Lmeeting. The President resumed the Chair at 10:25 P. M. and 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 Salvadore. *Councilman Nash was excused at 10:45 P. M. An Ordinance Amending Section 1 of the Zoning Map of the City of Livonia and Amending Article III of Ordinance No. 543, as amended, Known and Cited as the "City of Livonia Zoning Ordinance," by Adding Section 3. Thereto,(Pet. 66-6-1-16), introduced by Councilman McNamara on February 27, 1967, was taken from the table and a roll call vote conducted thereon with the following result. AYES : McNamara, Raymond, Milligan, Kleinert, and Ventura. NAYS. None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. 8531 LAn Ordinance Amending Section 24 of the Zoning Map of the City of Livonia and Amending Article III of Ordinance 543, as amended, Known and Cited as the "City of Livonia Zoning Ordinance," by Adding Section 3., Thereto, (Pet. #66-7-1-19), introduced by Councilman Nash on February 27, 1967, was taken from the table and a roll call vote conducted thereon with the following result. AYES : McNamara, Raymond, Milligan and Ventura. NAYS: Kleinert. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 1 of the Zoning Map of the City of Livonia and Amending Article III of Ordinance No. 543, as amended, Known and Cited as the "City of Livonia Zoning Ordinance," by Adding Section 3. Thereto, (Pet.#66-8-1-23), introduced by Councilman McNamara on February 27, 1967, was taken from the table and a roll call vote conducted thereon with the following result. AYES ' McNamara, Raymond, Milligan, Kleinert and Ventura. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. *Councilman Nash returned at 10:50 P. M. By Councilman McNamara, seconded by Councilman Kleinert, it was #255-67 RESOLVED, that the Chief City Engineer having filed with the City Clerk a statement dated November 18, 1966 on all matters required by Section 3.03 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on February 8, 1967 after due notice as required by Section 3.04 of said ordinance, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.05 of said ordinance, 1. accept and approve said statement in all respects, 2. determine to make the improvement consisting of installing street paving on Lyndon Avenue between Middlebelt Road and Henry Ruff Road in Section 23, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said state- ment, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 8532 3. approve the plans and specifications for said improvement as set forth in said statement dated November 18, 1966. 4. determine that the estimated cost of such improvement is $73,016.25. 5. determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions here- after established; 6. that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be $.00 for -0- and that the balance of said cost and expense of said public improvement amounting to $73,016.25 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in pro- portion to the benefits to be derived therefrom; 7. determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon in the amount of six percent (6%) per annum on unpaid balance, 8. designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows : That part of the East 1/2 of Section 23, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at the East 1/4 corner of Section 23 and pro- ceeding thence S. 0° 27' 57" E. along the east line of Section 23 - 142.01 feet, thence N. 89° 30' 39" W. 1323.47 feet; thence N. 89° 53' 19" W. 180 feet; thence S. 0° 06' 41" W. 11 feet, thence S. 82° 47' 09" W. 141.15 feet; thence N. 89° 53' 19" W. 1005.44 feet to the North and South 1/4 line of Section 23; Thence N. 0° 10' 30" W. along said Nortb and South 1/4 line 835.60 feet; thence east 657.75 feet; thence South 506.58 feet; thence east 1994.79 feet to the east line of Section 23; thence S. 0° 27' 57" E. along said east line 158 feet to the point of beginning. 9. that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessmen istdrict as the special benefits to such lots or parcels/bo ai'o the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and 8533 10. that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.07 of Ordinance No. 401, as amended, of the City of Livonia and file the same with the City Clerk who there- upon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 3.08 of the said ordinance. A roll call vote was taken on the foregoing resolution with the following result AYES: McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Kleinert, it was #256-67 RESOLVED, that having considered a communication from the Chief City Engineer dated February 17, 1967, approved by the Mayor and the Director of Public Works, and before determining to install a water line on Lyndon Avenue between Middlebelt Road and Henry Ruff Road in Section 23 in the City of Livonia, T. 1 S. , R. 9 E., Wayne County, Michigan, the cost of which is to be defrayed by special assessment, the Chief City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 3.03 of Ordinance No. 401, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES : McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS : None. By Councilman McNamara, seconded by Councilman Milligan, it was #257-67 RESOLVED, that before determining to install street lights on Lyndon Avenue between Middlebelt Road and Henry Ruff Road in Section 23, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, the cost of which is to be defrayed by special assessment, the Chief City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost 8534 thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 3.03 of Ordinance No. 401, as amended. A roll call vote was taken on the foregoing resolution with the following result• AYES: McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman Kleinert, and unanimously adopted, it was #258-67 RESOLVED, that having considered the report and recommendation dated November 15, 1966 from the City Planning Commission which sets forth its resolution #11-166-66 in regard to Petition #66-9-6-11 initiated by the City Planning Commission on its own motion to determine whether or not to amend Section 18.38(5) of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, to provide for one (1) parking space for each three (3) beds in lieu of each two (2) beds, and the Council having conducted a public hearing with regard to this matter on February 8, 1967 pursuant to resolution #1276-66, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition #66-9-6-11 is hereby approved and granted; and the Department of Law is hereby requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. By Councilman Nash, seconded by Councilman McNamara, it was #259-67 RESOLVED, that having considered a letter from the City Planning Commission dated December 15, 1966 which sets forth its resolution #12-181-66 in regard to Petition #66-9-6-12 submitted by the City Planning Commission pursuant to council resolution #923-66 with regard to a_ pro- posed amendment to Section 19.08 of Article XIX of Ordinance #543, and wherein the Planning Commission did recommend the denial of the same, and the Council having conducted a public hearing with regard to this matter on February 15, 1967 pursuant to resolution #16-67, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Raymond, Nash, Milligan and Ventura. NAYS : Kleinert. The President declared the resolution adopted. 8535 By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was #260-67 RESOLVED, that having considered a letter from Mary Spitza of the Senior Citizens Club of Livonia, received by the City Clerk on Feb. 6, 1967, wherein the request is made for assistance by the city in establish- ing a centrally located meeting place and permanent headquarters for the Senior Citizens Club of Livonia, the Council does hereby determine to designate a committee to be composed of Councilman Edward H. McNamara as chairman, and Councilmen Rudolf R. Kleinert, Jerry Raymond and Jack Salvadore as members, for the purpose of investigating the availability of such places as may be established for this purpose as well as recom- mending such action as the Council may take for the purpose of assisting the Senior Citizens Club with respect to this matter. By Councilman Kleinert, seconded by Councilman McNamara, it was #261-67 RESOLVED, that having considered a letter from the chairman of the Water and Sewer Board dated February 6, 1967, approved by the Mayor, submitted pursuant to council resolution #1203-66, which transmits Water and Sewer Board resolution #WS 870 12/66 relative to the objection of Mr. John V. Cannon for the extension of a sanitary sewer to his property at 36025 Ann Arbor Trail, the Council does hereby approve of and concur in the recommendation made by the Water and Sewer Board that the said sanitary sewer extension as previously authorized in council resolution #876-66, remain in and continue as part of the 1966 Miscellaneous Water and Sewer Extension Program. A roll call vote was taken on the foregoing resolution with the following result AYES: McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS : None. By Councilman Nash, seconded by Councilman Kleinert, it was #262-67 RESOLVED, that having considered a letter from the Budget Director dated January 24, 1967, approved by the Mayor, wherein it is requested that the Council make a transfer of an appropriation from the Reserve for Contingency Account of the General Fund in the amount of $18,667.00 so as to provide the additional funds necessary beyond those reflected in the current budget for salary adjustment and thereby permit the effectuation of the new salary schedule as outlined in the contract entered into between the City and the Livonia Police Officers Association, the Council does hereby determine to transfer the sum of $18,667.00 from the Reserve for Contingency Account of the General Fund to the various accounts detailed in the aforesaid report. LA roll call vote was taken on the foregoing resolution with the following result AYES : McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS . None. 8536 By Councilman Nash, seconded by Councilman McNamara, it was #263-67 RESOLVED, that having considered a letter from the Department of Law dated February 7, 1967 which transmits its Opinion No. 67-2, submitted pursuant to council resolution #1127-66, with respect to the legality of using monies which are presently deposited in the City's Tree Funds, for the purpose of replacing diseased or dead trees located in public rights- of-way, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS ' None. By Councilman McNamara, seconded by Councilman Nash, it was #264-67 RESOLVED, that having considered a letter from the Supt. of Parks and Recreation dated February 8, 1967, approved by the Mayor and Budget Director, wherein the request is made for approval of the payment of $400 to the Mussill's Sports Center, 10847 W. Jefferson Avenue, River Rouge, Michigan, with regard to athletic equipment previously obtained from this supplier, the Council does hereby authorize the expenditure of $400 from the surplus of the Henry Ford Field Concession Acct. and does hereby transfer said sum from said account for the purpose of making the aforesaid payment to Mussill's Sports Center; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result' AYES: McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS : None. By Councilman Nash, seconded by Councilman McNamara, it was #265-67 RESOLVED, that having considered a letter from the Director of Public Safety, dated February 9, 1967, approved for submittal by the Mayor, wherein it is requested that an appropriation be made for the purpose of employing an additional employee in the Division of Police, in the classification of Clerk-Typist I, in the operation of the Soundex filing system, the Council does hereby refer the same to the Budget Director and to the Finance and Insurance Committee for their respective reports and recommendations. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS ' None. 8537 By Councilman McNamara, seconded by Councilman Nash, it was #266-67 RESOLVED, that having considered a letter from Mr. Chester A. Simpson of 31100 West Seven Mile Road, Livonia, Michigan, dated February 14, 1967, wherein Mr. Simpson has indicated the possible availability of certain property owned by him for sale to the City and which property he states has been included in the City's Master Park and School Plan, the Council does hereby refer this matter to the Department of Law for the purpose of ascertaining the availability of such property, the negotiated purchase price, and such other ramifica- tions as may be involved in the proposed acquisition of the same by the City, and the Department of Law is to thereafter submit its report and recommendation to the Council. A roll call vote was taken on the foregoing resolution with the following result AYES: McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman Raymond, and unanimously adopted, it was #267-67 RESOLVED, that having considered a letter from the Mayor dated February 15, 1967 wherein he has requested that the City Council consider adopting an amendment to Article XVIII of Ordinance 543 so as to require that with respect to all new home construction there shall be provided a final grade with a minimum of 4" of topsoil, the Council does hereby refer this matter back to the Mayor for a further report setting forth and clarifying in detail the matters which are herein involved as well as his recommendation as to how they may be implemented. By Councilman McNamara, seconded by Councilman Nash, it was #268-67 RESOLVED, that the preliminary plat of the proposed Judson Gardens Subdivision situated in the North 1/2 of Section 17, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on November 1, 1966 by its resolution #11-169a-66, and approved by the City Council on January 16, 1967 by its resolution #55-67, and a report dated February 20, 1967 from the Chief City Engineer approved by the Director of Public Works, indicating that full compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Commission having approved the final plat on January 31, 1967 in its resolution #1-15-67, the Council does hereby determine to grant its approval to the final plat of Judson Gardens Subdivision located in the North 1/2 of Section 17, City of Livonia, Wayne County, Michigan, as submitted by the K & L Development Co., 32510 Plymouth Road, Livonia, Michigan, as proprietors thereof being required to do all things necessary to obtain full compliance with the Plat Act, Act 172 of the Michigan Public Acts of 1929, as amended, the Plat Ordinance of the City of Livonia, Ordinance No. 500, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. 8538 A roll call vote was taken on the foregoing resolution with the following result: AYES : McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS : None. By Councilman Kleinert, seconded by Councilman McNamara, it was #269-67 RESOLVED, that having considered a letter submitted in behalf of the proprietor of Judson Gardens Subdivision dated March 6, 1967 and before determining to install street lights in Judson Gardens Subdivision located in the North 1/2 of Section 17, City of Livonia, Wayne County, Michigan, the cost of which is to be defrayed by special assessment, the Chief City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Sections 3.03 and 4.01 of Ordinance No. 401, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS : None. By Councilman Nash, seconded by Councilman McNamara, it was #270-67 RESOLVED, that the preliminary plat of the proposed Renwick Park Subdivision, situated in the North 1/2 of Section 17, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on November 1, 1966 by its resolution #11-169b-66, and approved by the City Council on January 16, 1967 in its resolution #56-67, and a report dated February 20, 1967 from the Chief City Engineer, approved by the Director of Public Works, indicating that full compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the CityPlanning Commission having approved the final plat on January 31, 1967 in its resolution #1-16-67, the Council does hereby determine to grant its approval to the final plat of Renwick Park Subdivision situated in the North 1/2 of Section 17, City of Livonia, Wayne County, Michigan, as submitted by the K & L Development Company, 32510 Plymouth Road, Livonia, Michigan, as proprietors thereof being required to do all things necessary to obtain full compliance with the Plat Act, Act 172 of the Michigan Public Acts of 1929, as amended, the Plat Ordinance of the City of Livonia, Ordinance No. 500, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. 8539 A roll call vote was taken on the foregoing resolution with the following result AYES: McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS : None. By Councilman Kleinert, seconded by Councilman Nash, it was #271-67 RESOLVED, that having considered a letter submitted in behalf of the proprietor of Renwick Park Subdivision dated March 6, 1967 and before determining to install street lights in Renwick Park Subdivision located in the North 1/2 of Section 17 in the City of Livonia, Wayne County, Michigan, the cost of which is to be defrayed by special assess- ment, the Chief City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Sections 3.03 and 4.01 of Ordinance No. 401, as amended. A roll call vote was taken on the foregoing resolution with the following result. AYES : McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS : None. By Councilman Kleinert, seconded by Councilman McNamara, it was #272-67 RESOLVED, that having considered a letter from the City Clerk dated February 27, 1967 with regard to an adjustment in the salary pro- vided for the position of Deputy City Clerk, the Council does hereby authorize the annual salary to be paid for this position, to be made effective on and commencing retroactively from December 1, 1966, in the amount of $7,500 and does further transfer the amount of $945 from the Reserve for Contingencies Fund to Acct. #129-1. A roll call vote was taken on the foregoing resolution with the following result AYES: McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman McNamara, it was #273-67 RESOLVED, that having considered a communicationt.dated Feb. 21, 1967 from the City Planning Commission which transmits its resolution #2-22-67 adopted by the Commission on February 14, 1967, with regard to Petition #66-12-2-23 submitted by Charles S. Baldree requesting permission 8540 to construct a church as a waiver use on property zoned RUF-C and located on the northwest corner of Merriman and Six Mile Roads, in the Southeast 1/4 of Section 10, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition #66-12-2-23 is hereby approved based on the site plan (H-165) submitted by the petitioner to the City Planning Commission on February 14, 1967 and subject to the following condition: 1) that an architect's rendering be submitted to the City Planning Department for its review and approval prior to the issuance of a building permit. A roll call vote was taken on the foregoing resolution with the following result• AYES: McNamara, Raymond, Milligan, Kleinert and Ventura. NAYS: *Nash The President declared the resolution adopted. *Councilman Nash stated that his "no" vote was not a vote against churches, but rather that the wording of various ordinances be consistent. By Councilman McNamara, seconded by Councilman Raymond, and unanimously adopted, it was #274-67 RESOLVED, that the Council having considered a communication dated February 24, 1967 from the Chief City Engineer, approved by the Mayor and the Director df Public Works, submitted pursuant to the require- ments set forth in Section 6.14 of Ordinance 500, as amended, the Plat Ordinance, wherein it is required that ornamental street lighting service by underground conductors shall be provided in all subdivisions in conformity with the standards prescribed, and the Chief City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Blue Grass Farms Subdivision located in the South 1/2 of Section 18, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having submitted plans and specifications therefor and an estimate for the cost thereof, and having filed the same with the City Clerk together with his recom- mendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the Chief City Engineer with the City Clerk under date of February 27, 1967 and that there has been a full compliance with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense 8541 Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Wednesday, March 29, 1967, at 7 45 P. M. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. By Councilman Kleinert, seconded by Councilman Milligan, and unanimously adopted, it was #275-67 RESOLVED, that the Council having considered a communication dated February 24, 1967 from the Chief City Engineer, approved by the Mayor and the Director of Public Works, with regard to the installation of Ornamental Street Lighting in Section 16 in Coventry Gardens West and Coventry Gardens Subdivision as provided for in the Special Assessment Procedure set forth in Ordinance No. 401, as amended, the Council does hereby determine to reject the recommendation made in the aforesaid communication and to take no further action in this matter at this time. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #276-67 RESOLVED, that the Council having considered a communication dated February 24, 1967 from the Chief City Engineer, approved by the Mayor and the Director of Public Works, and the Chief City Engineer having ascertained the assessed valuation of all property affected by the pro- posed improvement with regard to Dover Courts Subdivision located in the S. W. 1/4 of Section 31, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authori- ties, the number of parcels which are vacant, and having submitted plans and specifications therefor and an estimate for the cost thereof, and having filed the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, and specifications and recommendations have been properly filed by the Chief City Engineer with the City Clerk under date of February 27, 1967 and that there has been a full compliance with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Wednesday, March 29, 1967 at 7.45 P. M. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Counr it in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. 8542 By Councilman McNamara, seconded by Councilman Nash, and unanimously adopted, it was #277-67 RESOLVED, that the Council having considered a communication dated February 24, 1967 from the Chief City Engineer, approved by the Mayor and the Director of Public Works, submitted pursuant to the requirements set forth in Section 6.14 of Ordinance 500, as amended, the Plat Ordinance, wherein it is required that ornamental street lighting service by underground conductors shall be provided in all subdivisions in conformity with the standards prescribed, and the Chief City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Greenwood Farms Subdivision located in the S. E. 1/4 of Section 18, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having submitted plans and specifications therefor and an estimate for the cost thereof, and having filed the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district; and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the Chief City Engineer with the City Clerk under date of February 27, 1967 and that there has been a full compliance with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Wednesday, April 5, 1967 at 8:00 P. M. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. By Councilman McNamara, seconded by Councilman Kleinert, and unanimously adopted, it was #278-67 RESOLVED, that the Council having considered a communication dated February 24, 1967 from the Chief City Engineer, approved by the Mayor and the Director of Public Works, wherein the {Chief City Engineer the/Notthas *Riinghamgi ° 14w000dslbu viisiontannitLotang0/b 01 reeen rrii Agqn Estates Subdivision No. 2, located in the N. E. 1/4 and the N. W. 1/4 of Section 15, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having submitted plans and 8543 specifications therefor and an estimate for the cost thereof, and having filed the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the Chief City Engineer with the City Clerk under date of February 27, 1967, and that there has been a full compliance with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Wednesday, April 5, 1967 at 8:00 P. M. as the date and time for a public hearing on the necessity for such proposed improve- ment, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #279-67 RESOLVED, that the Council having a communication dated Feb. 24, 1967 from the Chief City Engineer, approved by the Mayor and the Director of Public Works, submitted pursuant to the requirements set forth in Section 6.14 of Ordinance 500, as amended, the Plat Ordinance, wherein it is required that ornamental street lighting service by underground conductors shall be provided in all subdivisions in conformity with the standards prescribed, and the Chief City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Tiffany Park Subdivision No. 3 in Section 19, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having submitted plans and specifications therefor and an estimate for the cost thereof, and having filed the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district; and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the Chief City Engineer with the City Clerk under date of February 27, 1967 and that there has been a full compliance with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled, "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Wednesday, April 5, 1967 at 8:00 P. M. as the date and time for a public 8544 hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan pursuant to Section 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. *The President relinquished the Chair to the Vice-President at 11:24 P. M. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #280-67 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. *The President resumed the Chair at 11:30 P. M. By Councilman Kleinert, seconded by Councilman Milligan, it was #281-67 RESOLVED, that having considered the report and recommendation dated September 22, 1966 from the City Planning Commission which sets forth its resolution #9-154-66 in regard to Petition #66-2-6-2 submitted by the City Planning Commission pursuant to council resolution #877-66, to determine whether or not to amend Ordinance No. 543, the City of Livonia Zoning Ordinance, by adding two sections to Article XVIII ("Oil and Gas Wells" and "Storage of Oil, Natural Gas and Other Highly Flammable Products"), and the City Council having conducted a public hearing with regard to this matter on March 1, 1967 pursuant to resolu- tion #116-67, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition #66-2-6-2 is hereby approved and granted subject, however, to the inclusion in the ordinance amendment of the changes recommended by the Legislative Committee in its report and recommendation dated December 29, 1966, submitted pursuant to council resolution #1107-66, which changes are as follows : a) Section 18.51 where the same in part reads: "... without approval of the City Planning Commission and the City Council." ... should be changed to read as follows: "... without recommendation of the City Planning Commission and approval of the City Council." b) Section 18.52 where the same reads in part as follows ". .. when approval of the City of Livonia Planning Commission and City Council has first been obtained." ... should be changed to read as follows : ". . . when recommendation of the City Planning Commission and approval of the City Council has first been obtained." and the Department of Law is hereby requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. 8545 A roll call vote was taken on the foregoing resolution with the following result. AYES: McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS: None. Councilman McNamara introduce the following Emergency 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 ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. (Pet. 66-7-1-18) The foregoing Ordinance is on file in the office of the City Clerk and is the same as if word for word repeated herein. A roll call vote was taken on the foregoing Ordinance with the following result AYES: McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS: None. The President declared the above Ordinance duly adopted and would become effective on publication. By Councilman Milligan, seconded by Councilman Raymond, it was #282-67 RESOLVED, that having considered a letter from the Director of Civil Defense, dated March 1, 1967 approved for submission by the Mayor and the Budget Director, requesting authorization to purchase a Citizens Band Transceiver (Base Unit) for use in Auxiliary Police work, the Council does hereby approve and authorize the expenditure of $180.00 from the Civil Defense Capital Outlay Account #166-70 for this purpose. A roll call vote was taken on the foregoing resolution with the following result. AYES: McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS : None. By Councilman Raymond, seconded by Councilman Nash, it was #283-67 RESOLVED, that having considered a letter dated February 28, 1967 from the Municipal Judge, the Council does hereby accept the bid of Allen and Spicer Company, 18917 Mayfield, Livonia, Michigan, in the amount of $3985 for renovating the interior of the courtroom at the Livonia Municipal 8546 Court, the same having been the low bid received for this item; further, the Council does hereby appropriate an additional sum not to exceed $985 for this purpose; and further, the Council does hereby request that the budget be corrected to reflect an increase in the additional amount of $985 over and beyond what is presently anticipated as revenue by the imposition of fines and penalties in the Municipal Court. A roll call vote was taken on the foregoing resolution with the following result: AYES : McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS: None. On motion of Councilman Nash, seconded by Councilman Raymond, and unani- mously adopted, this 566th regular meeting of the Council of the City of Livonia was duly adjourned at 11:40 P. M., March 6, 1967. ADDISON W. BACO 67,r C erk.