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HomeMy WebLinkAboutCOUNCIL MINUTES 1967-06-05 8759 L MINUTES OF THE FIVE HUNDRED SEVENTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 5, 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 8:21 P. M.. Councilman Nash 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, Edward G. Milligan and *Jack Salvadore. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Virginia G. Handzlik, Deputy City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, Chief Assistant City Attorney; David A. Perry, Assistant City Attorney; Robert A. Shaw, Director of Public Works; William J. Strasser, Chief City Engineer; LJohn T. Dufour, Superintendent of Parks and Recreation; James Miller, Personnel Director; Donald Nicholson, Director of Public Safety; Carl E. Demek, Superintendent of Operations Division; Henry Sieferd, City Assessor; Don Hull, City Planner; Dan Andrew, Industrial Coordinator; Wilbert Cooper, Director of Civil Defense; William C. Miller, Jr., Industrial Development Commission; William LaPine, Chairman of the Zoning Board of Appeals; Eldon Raymond, Zoning Board of Appeals; and Charles Cook, Din/Sec. of the Livonia Housing Commission. By Councilman McNamara, seconded by Councilman Milligan, and unanimously adopted, it was #562-67 RESOLVED, that the minutes of the 575th regular meeting of the Council of the City of Livonia, held May 23, 1967, are hereby approved. By Councilman Raymond, seconded by Councilman McNamara, and unanimously adopted, it was L #563-67 RESOLVED, that the minutes of the 112th special meeting of the Council of the City of Livonia, held June 2, 1967, are hereby approved. The following preamble and resolution were offered by Councilman McNamara and supported by Councilman Raymond. 8760 #564-67 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 exceeding Two Hundred Ten Thousand ($210,000.00) Dollars, for the purpose of defraying the special assessment district's share of the cost of constructing street improvements, 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 2?9, Public Acts of Michigan, 1909, as amended; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Clerk is hereby authorized and direct- ed 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 $210,000.00, for the purpose of defraying the special assessment district's share of the cost of construc- ting street improvements. 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 inso- far as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was 8761 #565-67 RESOLVED, that having considered a letter from the Acting Chief of the Division of Police, dated April 13, 1967, wherein a request is made for the installation of additional pedestrian traffic control signal devices to be located at the intersection of Middlebelt and West Chicago in the City of Livonia, the Council does hereby concur in this request due to the necessity for such signals created by the traffic in the said area, and the Council does hereby notify the Board of Wayne County Road Commis- sioners of its desire for additional pedestrian traffic control devices at this location; and the Council does further request that the Board of Wayne County Road Commissioners investigate the necessity for such installa- tion and thereafter submit its findings to this Council together with an estimate of the total cost of the proposed installation it being the under- standing of the Council that the City of Livonia would participate in the same to the extent of 50% of the actual cost and thereafter agree to pay the electrical energy charges as a result of such installation; and the City Clerk is hereby requested to transmit two certified copies of this resolution to the Board of Wayne County Road Commissioners, 7th Floor, City-County Building, Detroit, Michigan, 48226, to the attention of Mr. Russell E. Harrison, Engineer of Traffic and Safety, 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: Nash, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Kleinert, and unanimously adopted, it was #566-67 RESOLVED, that Opinion No. 67-5, submitted by the Department of Law, as requested by council resolution #89-67, relative to designating the City departments responsible for the enforcement of the Plat Ordinance, Ordinance No. 500, the Council does hereby refer the same to the Depart- ment of Public Works and the Engineering Division for their information. By Councilman Nash, seconded by Councilman McNamara, and unanimously adopted, it was #567-67 RESOLVED, that having considered a letter from the City Engineer dated April 18, 1967, approved by the Mayor and the Director of Public Works, with regard to the Stark Gardens Subdivision-Gates Drain Enclosure, the Council does hereby table the same to the next study meeting of the Council, to be held June 12, 1967. By Councilman Milligan, seconded by Councilman McNamara, and unanimously adopted, it was #568-67 RESOLVED, that having considered the report and recommendation from the City Engineer, dated April 17, 1967, approved by the Mayor and the Director of Public Works, relative to the construction of the Section 16 Pedestrian Bridge, the Council does hereby table this matter until such time as a further report is received from the Director of Public Works concerning same. 8762 By Councilman McNamara, seconded by Councilman Nash, it was #569-67 RESOLVED, that having considered a letter from the Personnel Director, dated April 20, 1967, approved by the Mayor and the Budget Director, which transmits a resolution adopted by the Civil Service Com- mission on April 4, 1967, wherein it is recommended that the classifica- tion of Teen Center Director (Junior High School) be compensated at $50 per week, and Assistant Teen Center Director (Junior High School) be compensated at $35 per week, the Council does hereby approve and concur in such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Nash, it was #570-67 RESOLVED, that having considered a letter from the Personnel Director dated May 10, 1967, approved by the Mayor and Budget Director, which transmits a resolution adopted by the Civil Service Commission on May 2, 1967, wherein it is recommended that the classification of Budget Analyst be established, the Council does hereby refer this matter to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman Kleinert, it was #571-67 RESOLVED, that having considered a letter from the Personnel Director dated April 20, 1967, approved by the Mayor and the Budget Director, which transmits a resolution adopted by the Civil Service Commission on April 4, 1967, wherein it is requested that an automobile and expense allowance of $50 per month be established for each of its commissioners, the Council does hereby refer this matter to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Kleinert, and unanimously adopted, it was #572-67 RESOLVED, that having considered a letter from the Mayor dated April 27, 1967, the Council does hereby approve of and concur with the reappointment of Mr. Charles W. Walker, 16560 Country Club Drive, Livonia, Michigan to the City Planning Commission for a term of three (3) years, which term will expire on June 9, 1970. 8763 By Councilman Milligan, seconded by Councilman Raymond, it was #573-67 RESOLVED, that having considered a letter from the Mayor dated April 27, 1967 with regard to the reappointment of Mr. Donald C. Pollock, 31104 Richland, Livonia, Michigan, as a member of the City Planning Com- mission for a term of three years which term shall expire on June 9, 1970, the Council does hereby refer this matter to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Raymond and Ventura. NAYS: Kleinert and McNamara. The President declared the resolution adopted. *Councilman Nash was excused at 8.57 P. M. By Councilman Milligan, seconded by Councilman McNamara, it was #574-67 RESOLVED, that having considered a letter from Leonard R. Farber of the Alto Building Company, dated April 27, 1967, the Council does hereby approve of accepting, in lieu of a corporate surety bond previously deposited, the personal bond in the amount of $87,000.00 of Messrs. Henry S. Alper and Abe Green which shall be deposited with the City Clerk and held by the City of Livonia as financial assurance and security for all of the remaining improvements to be installed within the Castle Gardens No. 7 Subdivision, in accordance with the ordinances, rules and regulations, and resolutions of the City of Livonia pertaining thereto; further, the City Clerk is hereby requested to release and return to the proprietors the said corporate surety bond upon receipt of such personal bond; and further, the Council acknowledges that the action taken herein is due to the fact that the proprietors are unable to proceed with the improvements for such subdivision due to the pending construction of the I-96 Expressway; the Council further acknowledges that this action is taken due to the fact that the said proprietors are the owners of the Wonderland Shopping Center; and further, 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: Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. *Councilman Nash returned at 8:58 P. M. By Councilman McNamara, seconded by Councilman Milligan, it was #575-67 RESOLVED, that having considered a letter from Leonard R. Farber of the Rose-Hill Investment Company, dated May 4, 1967, with regard to the fees which have heretofore been deposited for plan review, field inspection 8764 and administrative costs, with the City Clerk with respect to the Dover Courts Subdivision, the Council does hereby determine that such fees should be in the amount of 3-1/2% as provided for under the provisions of Ordinance 135 as amended; and the City Clerk and City Treasurer are hereby requested to do all things necessary to refund to the proprietors of Dover Courts Subdivision such amounts as may have been deposited with the City in excess of the aforesaid 3-1/2% fees as prescribed. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. *Councilman Salvadore arrived at 8:59 P. M. The President of the Council relinquished the Chair to the Vice-President at 8:59 P. M. to support the following resolution. By Councilman Milligan, seconded by Councilman Ventura, it was #576-67 RESOLVED, that having considered a letter from the Mayor dated April 28, 1967 with regard to the reappointment of Mrs. Myra Chandler, 15715 Southampton, Livonia, Michigan, as a member of the City Planning L Commission for a term of three years which term shall expire on June 9, 1970, the Council does hereby refer this matter to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, Milligan, Raymond, Ventura and Nash. NAYS: Kleinert and McNamara. The Vice-President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that the Council does hereby determine to reconsider the action taken in council resolution No. 572-67 relative to the appoint- ment of Mr. Charles W. Walker to the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES : Milligan, Raymond and Ventura. NAYS: Salvadore, Kleinert, McNamara and Nash. L The Vice-President declared the resolution denied. *The President resumed the Chair at 9:10 P. M. 8765 By Councilman Kleinert, seconded by Councilman McNamara, it was #577-67 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated March 9, 1967 and the report and recom- mendation dated May 10, 1967 from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Royal Fairlane Drugs, Inc. for a new S.D.M License to be located at Five Mile Road and Newburgh 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #578-67 RESOLVED, that having considered a letter dated April 27, 1967 from the Department of Law with regard to the easement necessary for the Farmington Road sanitary sewer extension to the Awrey Bakery property, which would traverse the Chesapeake & Ohio Railway Company right-of-way at that location, the Council does hereby request the Industrial Coordina- tor to submit to the City Council a permanent easement for this purpose to be executed by the Chesapeake & Ohio Railway Company, the cost of which would be $300.00, 50% of which cost would be absorbed by the Awrey Bakery Company. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Raymond and Ventura. NAYS: Salvadore, Milligan and McNamara The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Salvadore, it was #579-67 RESOLVED, that having considered a letter from the Department of Law dated April 27, 1967, submitted pursuant to council resolution #360-67, to which is attached a resolution prepared by the City's bond counsel for the purpose of authorizing a $4,500,000 General Obligation Bond Issue for making road improvements, the Council does hereby refer this matter to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman Kleinert, it was 8766 #580-67 RESOLVED, that having considered a letter from Mrs. Leonard Spas as well as a letter from Mr. William J. Tack to which are attached petitions bearing the signatures of approximately 300 persons, with regard to the distribution of handbills and advertising material by certain persons in the city, the Council does hereby determine to receive and file the same for the information of the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, Milligan, Kleinert, McNamara and Raymond. NAYS : Nash and Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Milligan, it was #581-67 RESOLVED, that having considered a letter dated April 24, 1967 from Mr. K. H. Fleming, Chairman of the Golfview Meadows Civic Association, 16444 Fairway Drive, Livonia, Michigan, wherein it is requested that trees be planted in the boulevard areas on Six Mile Road, east and west of Country Club Drive, as well as the grading of the same, the Council does hereby refer this matter to the Director of Public Works for disposition. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS : None. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #582-67 RESOLVED, that having considered a letter dated May 3, 1967 from Mr. Glen Middlin, President of the Sunnyside Estates Civic Association, 14171 Barbara, Livonia, Michigan, wherein a request is made for permission to tap water for the Yale and Schoolcraft Boulevard and Ramblewood Island for the purpose of maintaining such boulevard areas, the Council does hereby refer such request to the Water Department for appropriate action. By Councilman Milligan, seconded by Councilman McNamara, and unanimously adopted, it was #583-67 RESOLVED, that having considered a letter dated May 4, 1967 from the Planning Director which transmits a revised Parking Plan for Plymouth Road, the Council does hereby refer this matter to the Committee of the Whole for its consideration. By Councilman McNamara, seconded by Councilman Raymond, it was #584-67 RESOLVED, that having considered the report and recommendation dated February 28, 1967 from the City Planning Commission which sets forth its resolution #2-25-67 in regard to Petition #66-10-1-30 submitted by William N. Ponder for Donald E. Green and Lloyd J. Dunn for a change of zoning of property located approximately 210 feet south of Six Mile Road 8767 and approximately 260 feet west of Middlebelt Road in Section 14, from RUFA to C-2, and the Council having conducted a public hearing with regard to this matter on May 10, 1967 pursuant to resolution #350-67, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition #66-10-1-30 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman McNamara, and unanimously adopted, it was #585-67 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act, (M.S.A. Section 5.2934), as well as Article XXIII of Ordinance 543, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, July 12, 1967 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, on the following item: Petition No. 67-3-6-1 submitted by the City Planning Commission, pursuant to Council Resolution #144-67, to determine whether or not to amend Section 23.03 of Ordinance No. 543, the City of Livonia Zoning Ordinance as amended, so as to provide therein the fees required for amendment applications requesting rezoning of property to the C-4, P. 0. and R-8 zoning districts, and the City Planning Commission in its resolution #4-50-67 having recommended to the Council that Petition #67-3-6-1 be approved; further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing cause to have a statement indicating the nature of the proposed amendment to the Zoning Ordinance as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. 8768 *Councilman Raymond was excused at 9:43 P. M. By Councilman McNamara, seconded by Councilman Nash, it was #586-67 RESOLVED, that having considered a letter from the Department of Law dated May 5, 1967 with regard to the necessity for employing an appraiser in order to determine the fair market value of the 8.81 acre site which is located at the southeast corner of Purlingbrook and St. Martins in Section 2, City of Livonia, Michigan, the Council does hereby authorize and direct the Department of Law to retain an appraiser for this purpose; further, the City Clerk is hereby directed and authorized to pay said appraiser, upon notification by the Department of Law that the appraisal has been received, according to the rates established by the Wayne County Road Commission; and further, the Council does hereby authorize the expenditure of a sum not to exceed $250 from the Unappropriat- ed Surplus Account for this purpose; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution to carry out the purpose of the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara and Ventura. NAYS: None. *Councilman Raymond returned at 9:44 P. M. By Councilman Salvadore, seconded by Councilman Nash, it was #587-67 RESOLVED, that the possible purchase of the land adjoining the proposed Senior Citizens Housing Project be referred to the Parks and Recreation Commission for their report and recommendation as to how this purchase of land would effect the priority list. A roll call vote was taken on the foregoing resolution with the following result: AYES : Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS : None. By Councilman Milligan, seconded by Councilman Salvadore, it was #588-67 RESOLVED, that pursuant to the request of the Pastor of the Parkdale Assembly of God Church, 36516 Parkdale, Livonia, Michigan, dated April 18, 1967, for the installation of a street light of suitable lumen strength to be installed at the intersection of Parkdale Avenue and Van Court Avenue in the City of Livonia, Michigan, the Council does hereby determine to table this matter to the next study meeting of the Council, to be held on June 12, 1967. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, Raymond and Ventura. NAYS: McNamara. The President declared the resolution adopted. 8769 By Councilman Nash, seconded by Councilman McNamara, it was #589-67 RESOLVED, that having considered a letter dated May 9, 1967 from the President of the Newburgh Swim Club with regard to the application of Section 2(b) of Article II of Ordinance #305 as amended, the Council does hereby determine, pursuant to Section 10 of Article III of the said ordinance, to grant an exception from the requirement set forth in Section 2(b) of Article II relative to restricting membership in the club to bona fide residents of the City of Livonia which shall be based upon and limited by the following: a) that the exception herein granted shall be limited to a period when the Newburgh Swim Club attains a 100% membership, and thereafter its membership limited to residents only. b) said Newburgh Swim Club shall be permitted to grant fifteen (15) memberships to non-residents who reside within a radius of three (3) miles from the City's westerly city limits. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Kleinert, McNamara and Raymond. NAYS: Milligan and Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Milligan, it was #590-67 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, Raymond and Ventura. NAYS: McNamara. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman McNamara, it was #591-67 RESOLVED, that having considered a letter dated June 2, 1967 from Mrs. Shirley G. Quadlin of 17453 Pershing, Livonia, Michigan, with regard to the construction of a homeowner's swimming pool at the aforesaid location, the Council does hereby determine, pursuant to Section 10 of Article III of Ordinance No. 305, as amended, the Swimming Pool Ordinance, to grant an exception from the requirements set forth in Section 4(a) relative to erecting the said pool nearer than 10 feet from the side lot line of the subject property, as well as determine to grant an exception from the requirement set forth in Section 10(d) pertaining to the construction of the pool and the proximity of the same with respect to electric wires, 8770 By Councilman Salvadore, seconded by Councilman Nash, it was RESOLVED, that the foregoing resolution be amended so as to not to waive the requirements of overhead wiring placement. A roll call vote was taken on the amendment with the following result: AYES: Nash, Salvadore and Milligan. NAYS: Kleinert, McNamara, Raymond and Ventura. A roll call vote was taken on the original resolution with the following result: AYES: Nash, Kleinert, McNamara, Raymond and Ventura. NAYS: Salvadore and Milligan. The President declared the resolution adopted. At 10:08 P. M., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Kleinert, seconded by Councilman Raymond, it was #592-67 RESOLVED, that having considered a letter from the City Engineer dated May 8, 1967, approved by the Mayor and Director of Public Works, with regard to providing storm drainage facilities in connection with the Farmington Road improvement program from Five Mile Road to Eight Mile Road in the City of Livonia, the Council does hereby request the Wayne County Road Commission to increase the size of the storm sewers to sufficient size and capacity to accommodate the runoff from property located at three locations as follows: One on the east side of Farmington Road south of Six Mile Road, and two others located on the east and west side of Farmington Road in the vicinity of Rayburn and Roycroft Avenue, at city expense; the estimated cost of such enlarged storm sewers is in the amount of $7,157.00, the payment of which shall be made from the $1,800,000 improvement bond issue; and the City Clerk is hereby requested to transmit certified copies of this resolution to the Board of Wayne County Road Commissioners and to do all other things necessary or inciden- tal to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Kleinert, it was 8771 L #593-67 RESOLVED, that having considered the report and recommendation dated May 8, 1967 from the City Engineer approved by the Mayor and the Director of Public Works, the Council does hereby accept the unit price bid of Pacitto & Forest Construction Company, 7251 Emanon Ave., Dearborn, Michigan, for installing a water rain on Lyndon Avenue from Middlebelt Road to Henry Ruff Road for the estimated cost of $24,276.00 (based on Engineering Division's estimate of units of work involved) and subject to a final payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work, and the Director of Public Works is herein authorized to approve all minor adjustments in the work as completed; and the Mayor and City Clerk are herein authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. There was no action taken on the item on the agenda relative to the pro- Lposed construction of a swimming pool at Ford Field, tabled from meeting of May 8, 1967. The communication from the Department of Law relative to the Lightweight Aggregate Corporation protest of taxes, was removed from the agenda and placed on the agenda for the next study session of the Council to be held on June 12, 1967. By Councilman Salvadore, seconded by Councilman Nash, it was #594-67 RESOLVED, that having considered Opinion #67-8 from the Depart- ment of Law, dated May 12, 1967, submitted pursuant to council resolution #1027-66, with regard to a request made by Robert H. Lorion for the pay- ment of $653.40 which amount is equal to that obtained from the City of Detroit for judicial services rendered in the Common Pleas Court by Mr. Lorion during the period from June 20, 1966 through July 1, 1966, the Council does hereby determine to approve the request made by Mr. Lorion for such payment, and the City Clerk and City Treasurer are hereby request- ed to pay to Mr. Lorion the sum of $653.40, and further, the aforesaid sum of $653.40 is hereby transferred from the Reserve for Contingencies Account to the Municipal Court Budget Account 113-1 for this purpose. L A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Raymond, *Milligan and Ventura. NAYS: Kleinert and McNamara. The President declared the resolution adopted. 8772 *Councilman Milligan abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. *The President of the Council was excused at 10:35 P. M. By Councilman McNamara, seconded by Councilman Milligan, it was #595-67 RESOLVED, that having considered a communication dated May 26, 1967 from the City Planning Commission which transmits its resolution #5-68-67 adopted by the Commission on May 16, 1967, with regard to Petition #67-4-2-8 submitted by David Phipps requesting permission to build a nursing home and clinic as a waiver use on property zoned PS and and located on the north side of Ann Arbor Trail between Wayne and Newburgh Road in Section 33, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition #67-4-2-8 is hereby approved and granted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, Milligan, Kleinert, McNamara, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McNamara, and unanimously adopted, it was #59b-67 RESOLVED, that having considered a communication from the City Engineer dated May 18, 1967, approved by the Mayor and the Director of Public Works, with regard to the action taken by the Council in its resolution #1200-66 wherein a single lot assessment procedure was author- ized for the construction of a sidewalk at the east end of Sleepy Hollow Drive(Lot]D)in the Sleepy Hollow Estates Subdivision, the Council does hereby determine to rescind said action and resolution #1200-66 is hereby rescinded. *Councilman Ventura returned at 10:37 P. M. By Councilman Kleinert, seconded by Councilman McNamara, it was #597-67 RESOLVED, that having considered a letter dated April 13, 1967 from the City Planning Commission which transmits its resolution #3-34-67 with regard to a request made by Harry Slatkin Builders, Inc. for the split of Country Homes Estates Subdivision No. 3 into two separate subdi- visions, the Council does hereby determine to concur in and approve of the recommendation of the Planning Commission, set forth in the aforesaid resolution, so as to split the said subdivision into two separate parts which shall be designated as Country Homes Estates Subdivision No. 3 and Country Homes Estates Subdivision No. 4 such action to be made subject to the overall development being platted as originally approved; further, all prior resolutions are hereby amended and modified to the extent necessary to be consistent with the action taken herein. 8773 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, Raymond and Nash. NAYS: Salvadore, Milligan and Ventura. The Vice-President declared the resolution adopted. *The President resumed the Chair at 10:55 P. M. By Councilman Kleinert, seconded by Councilman Nash, it was #598-67 RESOLVED, that having considered the request made by Mr. Donald Barris, attorney for Harry Slatkin Builders, Inc., proprietors of Country Homes Estates Subdivision No. 3, located in the Southeast 1/4 of Section 8, City of Livonia, the Council does hereby determine to allow the said proprietors, as financial assurance for the installation of improvements, an Irrevocable Letter of Credit on the Manufacturers National Bank, approved as to form by the Department of Law, in lieu of the corporate surety bonds previously authorized in council resolution #443-67; and the City Clerk is 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• LAYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Nash, it was #599-67 WHEREAS, the City of Livonia, (herein called the "Municipality") adopted a resolution on August 11, 1965, (herein called the "Resolution") which provides for aid and cooperation with respect a low rent housing Projects to be developed and operated by the Livonia Housing Commission (herein called the "Commission") with the financial assistance of the United States of America, Housing Assistance Administration (herein called the "Government"); and WHEREAS, the Resolution provides among other things for the development and operation of low rent housing which in the aggregate may not exceed 79 units, and WHEREAS, the Municipality and the Commission have determined that it would be advantageous to undertake the development of an additional 83 units; and WHEREAS, the Municipality desires to modify and amend the L Resolution so as to increase the number of units from 79 to 162; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Livonia as follows: 8774 1. That all references in the Resolution which refer to 79 units of low rent housing are hereby deleted and the number 162 is hereby substituted therefor. 2. That certified copies of this Resolution be delivered by the City Clerk to the Commission. 3. That except as hereby amended, all the provisions of the Resolution shall remain in full force and effect. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman McNamara, and unanimously adopted, it was #600-67 RESOLVED, that having considered letters dated April 25, 1967 and May 23, 1967 from Mr. Martin DeWitt, 17181 Golfview, Livonia, Michigan, regarding the construction of a house on Lot 126 in the Denmar Estates Subdivision, the Council does hereby take this means to advise Mr. DeWitt that the Bureau of Inspection has indicated that a building permit has been issued for the construction of the said building in accordance with the action which has heretofore been taken by the Zoning Board of Appeals as well as the ordinances of the City of Livonia. By Councilman Kleinert, seconded by Councilman Nash, it was #601-67 RESOLVED, that having considered a letter dated April 19, 1967 from the Michigan Liquor Control Commission and the report and recommenda- tion dated May 25, 1967 from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Michael A. DeFoggi to drop Basil W. Flora, Jr. as a partner from their 1967 Class C License and Dance Permit held at 32826 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman McNamara, and unanimously L adopted, it was #602-67 RESOLVED, that having considered a letter dated May 23, 1967 from the Correspondence Chairman, Mrs .Klarys P. Leggat, of the Parents and Teachers Association, Wilson Elementary School with regard to the use of a calliope vehicle, supplied by the Detroit Edison Company in connection 8775 with the Wilson School Talent Show and Ice Cream Social to be held lbw Thursday, June 8, 1967, the Council does hereby grant permission to the Parents and Teachers Association of the Wilson Elementary School to use the said calliope in connection with the aforesaid Social to be held Thursday, June 8, 1967, at the times specified in the aforesaid communi- cation. By Councilman McNamara, seconded by Councilman Milligan, it was #603-67 RESOLVED, that having considered a letter from J. Leonard Hyman, attorney, dated May 24, 1967, submitted in behalf of his client the K & L Development Corporation, proprietors of the Renwick Park Subdivision #2 located in the N. W. 1/4 of Section 17 in the City of Livonia, the Council does hereby determine to allow the said proprietors, as financial assurance for the installation of improvements, an Irrevocable Letter of Credit approved as to form by the Department of Law, in lieu of the corporate surety bonds previously authorized in council resolution #520-64 as amended; and the City Clerk is 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman Kleinert, it was #604-67 RESOLVED, that having considered a letter from J. Leonard Hyman, attorney, dated May 24, 1967, submitted in behalf of his client the K & L Development Corporation, proprietors of the Judson Gardens Subdivision #3 located in the N. 1/2 of Section 17 in the City of Livonia, the Council does hereby determine to allow the said proprietors, as financial assurance for the installation of improvements, an Irrevocable Letter of Credit approved as to form by the Department of Law, in lieu of the corporate surety bond previously authorized in council resolution #521-64 as amended; and the City Clerk is 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. The communication from the Department of Law dated May 22, 1967 setting forth judgment in the Arkin vs. City of Livonia litigation, was received and filed lw, for the information of the Council. 8776 By CouncilmanSalvadore, seconded by Councilman Raymond, it was #605-67 RESOLVED, that having considered letters dated May 4 and May 25, 1967 from the Budget Director and the Director of Public Safety, approved by the Mayor, relative to the establisYm►ent of a Central Communications Technician within the Police Division, the Council does hereby take this means to approve the proposal as submitted in the letter dated May 25, 1967 subject to and contingent upon a satisfactory showing of the financial feasibility of taking such action at this time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Kleinert, Raymond and Ventura. NAYS: Milligan and McNamara. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Kleinert, it was #606-67 RESOLVED, that having considered a letter from the Director of Public Safety, dated May 12, 1967, approved by the Mayor and the Budget Director, regarding the replacement of a Clerk-Typist II in the General Services Bureau of the Police Division for an approximate 10-week period as a result of sick leave, the Council does hereby authorize the transfer of $1,090 from Account 184-1 of the Patrol Bureau to Account 188-1 of the General Services Bureau of the Police Department, for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Raymond, it was #607-67 RESOLVED, that having considered a letter from the Superintendent of the Department of Parks and Recreation, dated May 25, 1967, approved by the Mayor and the Budget Director, wherein it is requested that certain funds be transferred from the revenues of the Henry Ford Centennial Field Concession account to a special escrow fund, the Council does hereby authorize the expenditure of a sum not to exceed $1,000 from the revenues of the Henry Ford Centennial Field Concession account to be used for the following purposes: 1. Overtime pay to Parks Division personnel in order to maintain the baseball and softball fields for Saturdays, Sundays and holidays; and 2. Transform property owned by the Board of Education, located north of Seven Mile Road and Wayne Road, into a Model Airplane Flying field. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. 8777 By Councilman McNamara, seconded by Councilman Raymond, it was #608-67 RESOLVED, that having considered a letter from the Zoning Board of Appeals dated May 31, 1967 wherein it is requested that the position of Secretary III on a permanent full-time basis be established in the Classifications Plan in order to provide secretarial services to the Zoning Board of Appeals, the Council does hereby request that the Civil Service Commission submit its recommendation relative to an amendment of the Classifications Plan to establish the said Secretary III position; further, the Council does hereby transfer the sum of $1,000 from the General Funds of the City to Account 158-1 of the Zoning Board of Appeals for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Salvadore, and unanimously adopted, it was #609-67 RESOLVED, the Council does hereby request the City Planning Commission to do all things necessary, pursuant to the provisions which are set forth in Article XXIII of the Zoning Ordinance, Ordinance No. 543, as amended, including the holding of a public hearing, on the matter of amending Article V of the Zoning Ordinance so as to designate and include dog kennels as a waiver use subject to special requirements and regulations provided therefor and, thereafter make a report and recommendation to the Council; further, the Department of Law is hereby requested to assist the City Planning Commission in the preparation of the subject amendatory provision. By Councilman Milligan, seconded by Councilman Raymond, it was RESOLVED, that having considered the letter dated June 5, 1967 from Ray Warner, Chairman, Kindred for School Board Committee, requesting permission to operate a mobile public address system on June 12, 1967, from 8:00 a. m. to 8:00 p. m., the Council does hereby grant such request. By Councilman Kleinert, seconded by Councilman Raymond, it was RESOLVED, that the foregoing resolution be amended so as to afford every candidate in the forthcoming School District Election permission to use a mobile public address system. A roll call vote was taken on the amendment with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. A roll call vote was taken on the resolution, as amended, as follows: 8778 #610-67 RESOLVED, that having considered the letter dated June 5, 1967, from Ray Warner, Chairman, Kindred for School Board Committee, requesting permission to operate a mobile public address system on June 12, 1967, from 8:00 a. m. to 8:00 p. m., the Council does hereby grant such request; further, the Council does hereby grant permission to all candidates in the forthcoming Livonia School Election to use a mobile public address system. with the following result: AYES: Nash, Salvadore, Milligan, McNamara, Raymond and Ventura. NAYS : Kleinert. The President declared the resolution, as amended, adopted. By Councilman Salvadore, seconded by Councilman Nash, and unanimously adopted, this 576th regular meeting of the Council of the City of Livonia was duly adjourned at 11:29 P. M., June 5, 1967. Z5t/do __ , � I ADDISON W. BACe k 'ty C erk.