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HomeMy WebLinkAboutCOUNCIL MINUTES 1967-10-18 MINUTES OF THE FIVE HUNDRED EIGHTY-EIGHTH REGULAR MEETING 9049 OF THE COUNCIL OF THE CITY OF LIVONIA On October 18, 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 aL approximately 9 15 P M Councilman Milligan 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, Virginia G Handzlik, Deputy City Clerk, Steve Polgar, City Attorney, Harry C. Tatigian, Chief Assistant City Attorney, Robert A Shaw, Director of Public Works, William Strasser City Engineer, Donald Nicholson, Director of Public Safety, John T Dufour,Superintend- ent of Parks and Recreation, Don Hull, City Planner, Victor Phillips, Budget Director, Thomas J. Griffiths, Jr , Chief Accountant, Dan Andrew, Industrial Coordinator, James Miller, Personnel Director, Theodor Krauss, Personnel Analyst, David Jones, Water and Sewer Commissioner, Carl Demek, Superintendent of Operations Division, Wilbert Cooper, Director of Civil Defense, Stanley Bien, Chief Librarian, A Thomas Daoust, Library Com - mission, Lyddall W Bowles, Civil Service Commission, Ragnar I Turnquist, Industrial Development Commission By Councilman Nash, seconded by Councilman McNamara, and unanimously adopted, it was #1053-67 RESOLVED, that the minutes of the 587th regular meeting of the Council of the City of Livonia, held October 11, 1967, are hereby approved *Councilman Salvadore arrived at 9 28 P M By Councilman McNamara, seconded by Councilman Milligan, it was #1054-67 RESOLVED, that the communication and report of the Water and Sewer Board, dated October 16, 1967, relative to proposed increase of water rates, be referred to the Water and Sewer Committee of the Council iiiA roll call vote was taken on the foregoing resolution with the following result AYES Milligan, McNamara, Raymond, Nash, Salvadore, and Ventura NAYS Kleinert The President declared the resolution adopted 9050 By Councilman McNamara, seconded by Councilman Nash, it was #1055-67 RESOLVED, that having considered the report and recommendation of the City Clerk relative to the designation of certain required polling places, the Council does hereby designate the following locations, said facilities having been made available and approved by the Board of Education, as polling places: 1. Precinct 23 - Buchanan Elementary School, 16400 Hubbard 2. Precinct 31 - Cass Elementary School, 34633 Munger 3. Precinct 33 - Webster Elementary School, 37750 Lyndon 4. Precinct 40 - Randolph Elementary School, 14470 Norman 5. Precinct 42 - Cass Elementary School, 34633 Munger 6. Precinct 43 - Jackson Elementary School, 32025 Lyndon 7. Precinct 44 - Holmes Junior High School, 16200 Newburgh A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash,Salvadore. NAYS: Ventura. Councilman Ventura stated that he voted "no" because he does not believe Lthere are any precincts in the City that would require splitting by law as he does not believe there are any precincts exceeding 1,400 registered voters. Councilman Ventura also stated that because we cannot afford the additional expense at this time, we could get along with the same number of precincts we had in October, 1966, even though it may be less convenient for the voters. By Councilman Nash, seconded by Councilman McNamara, it was #1056-67 RESOLVED, that having considered a letter from the City Treasurer, dated September 26, 1967, with respect to the necessity of certifying the City's tax rate to the Wayne County Bureau of Taxation not later than November 1, 1967, the Council does hereby refer this matter to the Budget Director and the Department of Law for the preparation of the necessary resolution to be adopted in this regard subsequent to the adoption by the City Council of the City's 1967-68 Budget. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. imp, The following resolution was unanimously introduced, supported, and adopted: #1057-67 WHEREAS, The Boy Scouts of America, Detroit Area Council, will conduct their quadrennial "Good Turn" for Goodwill clothing drive on Saturday, November 25th, and 9051 WHEREAS, This area-wide "Good Turn" will be the largest clothing drive ever conducted in this country, involving 20,000 Boy Scouts distributing Goodwill bags to 400,000 homes on November 18, a week before the drive, and WHEREAS, This collection of repairable discards is undertaken on behalf of handicapped men and women of the Goodwill to build up a backlog of materials from which to draw, and help prevent lay-offs of handicapped people during slow collection months, and WHEREAS, Both the Boy Scouts and Goodwill Industries conduct community pro- jects based on a positive and constructive approach to social and economic problems affecting our youth and the handicapped, and WHEREAS, The dirve necessitates the full cooperation of everyone in the area, and will benefit our community socially and economically, NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia does hereby designate November 25, 1967 to be "GOOD TURN" DAY and urge all House- holders in this area to fill a "Good Turn" Bag and place it in front of their home before 10:00 a.m. Saturday, on November 25th to be collected by the Boy Scouts in their neighborhood. An Ordinance Amending Section 23.03 of Article XXIII of Ordinance No. 543, as amended, of the City of Livonia, Known and Cited as the "City of Livonia Zoning I, Ordinance", (Petition 67-3-6-1), introduced by Councilman Robert F. Nash on October 11, 1967, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. The report from the Department of Law, dated September 27, 1967, regarding James I. Berger and Shirley A. Berger, vs. City of Livonia and Frank Kerby - Wayne County Circuit Court Civil Action No. 93669, was received and filed for the informa- tion of the Council. The report from the Department of Law, dated September 22, 1967, regarding LAlfred L. Rogala and Daniel Rogala vs. Harvey W. Moelke, James Jordan and Donald Nicholson - Wayne County Circuit Court Civil Action No. 94355, was received and filed for the information of the Council. 9052 By Councilman Milligan, seconded by Councilman McNamara, it was #1058-67 RESOLVED, that having considered a communication dated September 20, 1967, from the Department of Law transmitting for acceptance four deeds covering the conveyance to the City of Livonia of a 37.77 acre parcel of land in Section 9, submitted pursuant to council resolution #835-67, which deeds are more specifically described as follows: Warranty Deed dated September Ili, 1967, executed by Joseph F. Ferry Sr. and Marjorie Ferry, his wife; and Warranty Deed dated September 14, 1967 executed by John Allan Ferry and Joyce Ferry, his wife; Warranty Deed dated September 14, 1967, executed by E. K. Sheridan and Marie Sheridan, his wife, and Deed of Administrator dated September 14, 1967 executed by Marion Ferry, a/k/a Marion Kidner, Administratrix of the Estate of Joseph F. Ferry, Jr., deceased, each conveying an undivided one-quarter (1/4) interest in land in the City of Livonia, Wayne County, Michigan described as: The west 3/4 of the southwest 1/4 of Section 9, except the south 1210.00 feet thereof; also except that part thereof described as beginning at west 1/4 corner of Section 9, and proceeding thence due south along the west Section line, 1435.00 feet; thence north 89 degrees 47 minutes 45 seconds east 910.00 feet, thence north 9 degrees 53 minutes 30 seconds west 294.11 feet; thence north 10 degrees 21 minutes 40 seconds east 275.30 feet; thence north 10 degrees 17 minutes 20 seconds west 171.99 feet; thence north 25 degrees 50 minutes 32 seconds west 183.19 feet; thence north 2 degrees 25 minutes 50 seconds east 165.13 feet; thence north 7 degrees 15 minutes 20 seconds east 166.25 feet; thence north 33 degrees 31 minutes 40 seconds east, 195.27 feet; thence due north 43.00 feet; thence north 89 degrees 48 minutes 10 seconds west along the east and west 1/4 Section line, 915.00 feet to the point of beginning, all in Section 9, town 1 south, range 9 east, Livonia Township, containing 37.77 acres more or less. Subject to the rights of the public and of any governmental unit in any part thereof taken, used or deeded for street, road or highway • purposes. the Council does hereby accept for and in behalf of the City of Livonia the aforesaid deeds and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvador°, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Milligan, it was #1059-67 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission, dated August 30, 1967, and the report and recommendation of the Director of Public Safety dated October 4, 1967, in connection therewith, the Council does hereby approve of the request from 9053 Joseph and Donald F. Godell for a transfer of ownership of 1967 Class C licensed business located at 14950 Middlebelt Road, Livonia, Michigan, 48151, from Benjamin J. Mrkva and Lawrence Cohen; 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: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman Milligan, and unanimously adopted, it was #1060-67 RESOLVED, that the communication dated October 4, 1967, from the Michigan Liquor Control Commission with respect to an application from Philip and Cecilia DeGuere, 715 N. Woodward, Birmingham, Michigan, for a new full year Tavern license to be located at S. 100 feet of Lot 420 Supervisor's Livonia Plat, Wayne County, Livonia, Michigan, is hereby referred to the Committee of the Whole for its consideration along with all other such applications. By Councilman Salvadore, seconded by Councilman Nash, and unanimously adopted, it was #1061-67 RESOLVED, that the Council having adopted resolution #661-67 at its regular meeting held on June 26, 1967, requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed installation of ornamental street lighting with underground wiring on Brentwood Avenue, south of Seven Mile Road, in the N. W. 1/4 of Section 12 in the City of Livonia, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of in- stallments 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 City Engineer with the City Clerk under date of September 20, 1967, and that there has been a full compliance with all of the provisions of Section 3.03 and Section 4.01 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set November 13, 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 this ordinance. 9054 By Councilman Milligan, seconded by Councilman McNamara, it was #1062-67 RESOLVED, that having considered the report and recommendation of the City Engineer dated September 28, 1967, approved by the Mayor and the Director of Public Works, the Council does hereby release to K & L Development Company, 22 W. Gay, Columbus, Ohio, proprietors of Judson Gardens Subdivision (1), the $26,000 General Improvement Bond (of which $8,300 is in cash), and the $14,000 Sidewalk Bond (of which $2,800 is in cash), deposited with the City in accordance with council resolution No. 55-67 as subsequently amended by council resolution #728-67, to guarantee satisfactory improve- ments to be installed in Judson Gardens Subdivision located in the N. 1/2 of Section 17, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the City Engineer that all required improve- ments have been satisfactorily installed; further, that the $400 cash bond previously deposited with the City shall be retained for the purpose of sodding Westbrook island; and further, the $2,500 cash ditch maintenance bond previously deposited with the City shall be continued in effect for the reasons set forth in the aforesaid communication from the City Engineer; 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: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Raymond, it was #1063-67 RESOLVED, that having considered a letter from the City Engineer dated September 25, 1967, approved by the Mayor and the Director of Public Works, which submits certain cost agreements dated August 3, 1967, from the Michigan State Highway Commission, with regard to the cost of maintenance and electrical energy cost for traffic control signal devices located at the intersections of M-14 (Ann Arbor Rd.) and Newburgh Road, and M-14 (Ann Arbor Rd.) and Ann Arbor Trail, in the City of Livonia, Michigan, the Council does hereby agree to and approve of the City of Livonia participa- ting in the actual cost of maintenance of such traffic control signal de- vices to the extent of 50%; and the Council does further agree that the City shall bear the entire cost of the electrical energy charges in the operation of such traffic control devices; and the Mayor and City Clerk are hereby authorized to execute in behalf of the City of Livonia the proposed cost agreements for the said traffic control devices in this regard; further, the City Clerk is hereby requested to forward two certified copies of this resolution together with the signed cost agreements to the Michigan State Highway Department, 17405 Lahser Road, Box 4707 Redford P. 0., Detroit, Michigan, 48219, to the attention of Mr. Joseph S. Marlow. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman McNamara, it was #1064-67 RESOLVED, that having considered the report and recommendation of the Supt. of Operations Division, Director of Public Works, and the Budget 9055 Director, dated September 21, 1967, approved for submission by the Mayor, regarding the purchase of quantities of fuel oil in conjunction with the Livonia School Board, the Council does hereby accept the bid of Sinclair Refining Company, 10455 Ford Road, Dearborn, Michigan, for supplying the City with fuel oil for a period of one year from September 1, 1967 through August 31, 1968 at the following prices: for tank wagon delivery of No. 1 Fuel Oil at 0.1223¢/Gallon and No. 2 Fuel Oil at 0.1135¢/Gallon, such having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #1065-67 RESOLVED, that having considered the report and recommendation of the Chief of the Fire Division, approved by the Mayor, the Director of Public Safety and the Budget Director, the Council does hereby accept the following bids for supplying furnishings and drapes for the City's new Fire Headquarters, which bids are the low bids received for such items: J. L. HUDSON COMPANY Item Unit Total Price Price 12 Head Boards $ 26.00 $312.00 12 Mattresses 29.00 348.00 12 Box Springs 29.00 348.00 12 Bedside Chairs 214.25 291.00 $1,299.00 24 Blankets 6.05 145.20 24 Foam Pillows 3.95 94.80 $ 240.00 3 A-953 3 seat settees 173.55 520.65 8 A-951 Single Seat Units 67.60 540.80 7 A-945 Step Tables 31.25 218.75 $1,280.20 166 yds. Draperies 759.60 4 #1102 Lamps 31.95 127.80 $ 887.40 and MARSH OFFICE SUPPLY 7 1705L File Cabinets 75.60 529.20 5 C238 Swivel Chairs 47.60 238.00 3 14021 Desks 151.20 453.60 6 C235SBL Chairs 33.60 201.60 2 14025 Desks 179.90 359.80 2 C275 Steno Chairs 39.20 78.40 5 29 Waste Baskets 4.20 21.00 $1,881.60 9056 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman McNamara, it was #1066-67 RESOLVED, that having considered a letter from the Personnel Director dated October 9, 1967, which transmits a resolution adopted by the Civil Service Commission on October 3, 1967, wherein it is recommended that the classification of Council Secretary be established, effective December 1, 1966, at Salary Grade 122 with the following salary range: Minimum Step 2 L22_2 Step L Maximum $6,510.40 $6,760.00 $7;04-09-.-60 $.6259.20 $7,571.20 the Council does hereby approve of and concur in such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, Raymond, Salvadore. NAYS: Milligan, Nash, Ventura. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Nash, it was #1067-67 RESOLVED, that the matter of salary and classification of Council Secretary be referred to the Committee of the Whole, and the President of the Council arrange a meeting between the Committee of the Whole, the Civil Service Commission, and the Director of Personnel to review the matter. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. The communication dated October 9, 19671from the City Clerk transmitting letter dated October 3, 1967, from the Office of the Prosecuting Attorney of Wayne County in answer to council resolution #958-67, was received and filed for the informa- tion of the Council. By Councilman Raymond, seconded by Councilman Milligan, and unanimously adopted, it was #1068-67 RESOLVED, that State Representative Richard Young be requested to obtain from the Attorney General of the State of Michigan a legal opinion in regard to the legality of the present construction of the Retirement Board 9057 of the Livonia Employees Retirement System, wherein the Mayor, members of the Council, and two employee representatives are members of such Board, insofar as the application of the City Charter, (Chapter V, Section 16 (b), refers to the same. The Minutes of Drain Board Meetings for Bell Drain No. 2 (Enclosure and Branches) and for Livonia Drains, No. 23, No. 24, and No. 25, transmitted by the Deputy Drain Commissioner, were received and filed for the information of the Council. The Municipal Court Report for the month of September, 1967, was received and filed for the information of the Council. By Councilman Kleinert, seconded by Councilman McNamara, it was #1069-67 RESOLVED, that having considered a letter from the City Planning Commission dated September 19, 1967, which transmits its resolution #7-114-67 adopted on July 18, 1967, wherein the Planning Commission did on its own motion determine to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to include therein the following described property: That part of the West 1/2 of Section 12, T. 1 S. R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at the Center 1/4 corner of Section 12 and proceeding thence S. 0° 09' 15" E. along the N. and S. 1/4 Section line, 331 ft.; thence N. 89° 58' 01" W, 2434.66 ft.; thence N. 0° 17' 50" W., 300 ft.; thence N. 89° 58' 01" W, 140 ft.; thence along the E. line of Middlebelt Road, N. 0° 17' 50" W, 29.47 ft. and N. 0° 10' 50" W, 189.30 ft.; thence S. 89° 51' 20" E. 2575.25 ft.; thence S. 0° 15' 30" E. along the N. S. 1/4 Section line, 182.81 ft. to the point of beginning, also except the east 1235 feet thereof, also except the north 218.77 feet of the west 140 feet thereof. (part of Parcel No. 12E2a) the Council does hereby acknowledge receipt of the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #1070-67 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit con- sideration of several items that do not appear on the agenda. By Councilman Nash, seconded by Councilman McNamara, and unanimously adopted, it was 9058 #1071-67 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as emend3d, the City Zoning Act (M. S. A. Section 5.2934), as well as Article Lan o2 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 November 13, 1967, at 8:00 P. M., at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, on the follow- ing item: Petition No. 67-8-6-4 submitted by the City Planning Commission pursuant to council resolution #662-67 to determine whether or not to amend Ordinance #543, the Zoning Ordinance, by adding Section 18.53, Outdoor Sale of Christmas Trees, the City Planning Commission having in its resolution #9-132-67 recommended to the City Council that Petition #67-8-6-4 be granted; further, that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement, indicating the nature of the proposed amendment to the Zoning Ordinance as set forth above, first to be published in the official news- paper of the City or a newspaper of general circulation in the City of Livonia, as well as to not less than fifteen days prior to said public hear- ing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and the City Clerk is requested to do all things necessary or incidental to the full per- formance of this resolution. By Councilman McNamara, seconded by Councilman Milligan, it was #1072-67 RESOLVED, that having considered the report and recommendation of the Supt. of Operations Division dated October 11, 1967, approved by the Director of Public Works and the Budget Director, and approved for sub- mission by the Mayor, regarding bids for landscape development for Whispering Willows Golf Course, the Council does hereby accept the following bids in the following amounts: 1. Cottage Gardens, Inc. , Rte. #3, So. Waverly, Lansing, Michigan - in the amount of $2,243.55 for supplying trees; and 2. Michigan Sodding, Inc., 30126 Bretton Avenue, Livonia, Michigan - in the amount of $489.00 for supplying evergreens; such bids having been in fact the total low bids received for the foregoing items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. 9059 By Councilman Kleinert, seconded by Councilman McNamara, it was #1073-67 RESOLVED, that having considered a communication dated October 13, 1967 from the City Assessor, approved for submission by the Mayor, trans- mitting the petition of Ralph Rostow, 2561 Hawthorn, Ann Arbor, Michigaa, for a lot split, and in accordance with the provision of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing Lot 39 except the west 100 feet thereof of Livrance Estates Subdivision of the N. E. 1/4 of Section 14 in the City of Livonia, Michigan, into two parcels the legal descriptions of which shall read as follows: Parcel A The south 50 feet of Lot 39 except the west 100 feet thereof, Livrance Estates Subdivision of part of the N.E. 1/4 of Section 14, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Parcel B The north 50 feet of Lot 39 except the west 100 feet thereof, Livrance Estates Subdivision of part of the N.E. 1/4 of Section 14, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. as shown on the map attached to the aforesaid petition, which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman McNamara, it was #1074-67 RESOLVED, that having considered a letter from the Supt. of Parks and Recreation dated October 17, 1967 approved by the Mayor and the Budget Director, regarding the charges and costs in connection with providing water and sewer service for the indoor ice skating rinks and recreational buildings to be constructed at Devonshire Park and Henry Ford Centennial Field, the Council does hereby authorize a sum not to exceed $7,951.50 from the $4,400,000 General Obligation Parks and Recreational Bond Issue for this purpose which sum shall be used in the following manner: a. Water Meter Fees; Sewer Assessments; Connecting Charges; Water Debt Rate, etc. $3,951.50 b. Labor and Materials (D. P. w.) 41000.00 total $7,951.50 and the City Clerk and City Treasurer are hereby authorized to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. 9060 By Councilman Milligan, seconded by Councilman McNamara, and unanimously adopted, it was #1075-67 RESOLVED, that the regular meetings of the Council of the City of Livonia for the month of November, 1967, will be held on the 1st, 15th, and 29th. At 10:55 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 McNamara, seconded by Councilman Salvadore, it was #1076-67 RESOLVED, that having considered the forthcoming vacating petition of Mr. J. Stasiuk, 18518 Fremont, Livonia, Michigan, for the vacating of a certain portion of an easement on Lot 185 of Sunset Hills Subdivision of part of the E. 1/2 of Sec. 11., T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, recorded in L. 80, P. 63 Plats. W.C.R. (City of Livonia), the Council of the City of Livonia does hereby consider said petition favorably until such time as all legal requirements have been complied with. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #1077-67 WHEREAS, it is necessary to locate, establish, construct and enclose an extension of and branches thereto of a county drain known as Livonia Drain #11, to be located entirely within the limits of the City of Livonia, the location and route of said drain and branches being as follows: EXTENSION OF LIVONIA DRAIN #11 A closed drain along a line approximately 2500 feet W. of Stark Road extending from Schoolcraft Road to Lyndon Avenue; thence westerly along Lyndon Avenue approximately 1450 feet; thence southwesterly approximately 1000 feet to Park Avenue; thence westerly approximately 2100 feet to Levan Road; thence southerly in Levan Road to Schoolcraft Road; thence westerly in Schoolcraft Road approximately 5000 feet. Also branches to said drain as follows: Branch #1 A closed drain in Lyndon Avenue from a point approximately 300 feet east of Gary Lane; thence easterly approximately 600 feet; thence northerly approximately 1500 feet. 9061 Branch #2 A closed drain beginning at a point about 2500 feet west of Stark Road and about 1300 feet north of Schoolcraft Road, and extending along a line approximately 1300 feet N. of Schoolcraft Road to Stark Road; and beginning at a point about 1300 feet north of Schoolcraft Road and extending southerly along a line about 1300 feet W. of Stark Road to Schoolcraft Road. Branch #3 A closed drain beginning in Golfview Street at a point approxi- mately 1500 feet N. of Schoolcraft Road; thence north approximately 1700 feet. Branch #4 A closed drain beginning at a point about 200 feet east of Park Avenue and 700 feet south of Lyndon; thence southerly approxi- mately 1800 feet south to Schoolcraft Road. Branch #5 A closed drain in Levan Road from a point approximately 1400 feet north of Schoolcraft Road northerly about 2000 feet. Branch #6 A closed drain from a point in Levan Road about 1200 feet north of Schoolcraft Road, westerly approximately 500 feet. Branch #7 A closed drain beginning at a point in Schoolcraft Road approxi- mately 1300 feet west of Levan Road; thence northerly approxi- mately 900 feet. Branch #8 A closed drain in Newburgh Road from Schoolcraft Road northerly approximately 1400 feet. Branch #9 A closed drain in Richfield from Schoolcraft northerly approxi- mately 1100 feet; thence westerly approximately 250 feet. Branch #10 A closed drain along a line approximately 800 feet W. of Richfield Street extending from Schoolcraft Road about 400 feet north. Branch #11 A closed drain beginning at the existing Livonia Drain #11 at a point approximately 300 feet south of Five Mile Road; thence southwesterly approximately 500 feet. AND WHEREAS, in the opinion of the City Council, the location, establishing, constructing and enclosing of said drain and branches thereto are necessary for the public health of the City of Livonia, and the entire cost thereof, except that part representing benefits to State and County Highways, should be assessed against the City of Livonia for public health; 9062 LAND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (The Drain Code of 1956) provides a feasible method of financing the cost of said drain and branches thereto where the same are necessary for the public health of the City and where the entire cost of the same is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: "Sec. 486. The terms of this chapter shall be applicable to any county drain located, or pro- posed to be located entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such public corporation only." NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing, constructing and enclosing of the drain and branches thereto along the route set forth in the L preamble hereof, and does hereby consent to the location, estab- lishing, constructing and enclosing of the same pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain and branches thereto set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign, for and on behalf of the City of Livonia, a petition praying for the location, establishing, construction and enclosing of the same, as set forth in the preamble hereof, pursu- ant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, to- gether with a certified copy of this resolution. 3. In the event the proposed drain herein authorized to be petitioned for is for any reason not financed or constructed pursuant to the petition duly filed, the City shall assume and pay all costs incurred by the statutory drainage board in acting upon said petition pursuant to the requirements of the law. 4. All resolutions and parts of resolutions insofar as they con- flict with the provisions of this resolution be and they hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: L AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. 9063 LBy Councilman Milligan, seconded by Councilman Salvadore, it was #1078-67 RESOLVED, that inasmuch as it is prudent for any city to provide for maintainance and replacement of capital equipment necessary for the continuation of city operation, independent of expansion, and inasmuch as it is not the desire of this Council in providing for such capital improve- ments to hamper the operation of any department by any loss of equipment resulting from an "across the board" reduction, the Mayor is requested to review the proposed 1967-68 Budget and provide for those capital expendi- tures necessary for the operation of the City over the next year, and the Council would suggest that an amount not exceeding 2% of the total budget be reserved to maintain and replace equipment that might break down during the year. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: Kleinert, The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, L', this 588th regular meeting of the Council of the City of Livonia, was duly adjourned at 11:29 P. M., October 18, 1967. t.--4--4----4--t.-,z-• ---,_.--- ADDISON W. BACON, Gity7A:rk L