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HomeMy WebLinkAboutCOUNCIL MINUTES 1966-08-08 Page 8065 MINUTES OF THE FIVE HUNDRED FORTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 8, 1966, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:15 P. M. . Councilman Nash delivered the invocation. Roll was called with the following result: Present--Peter A. Ventura, Rudolf R. Jerry Raymond Kleinert, Robert F. Nash, Jack Salvadore,"Edward G. Milligan and *Edward H. McNamara. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, first Assistant City Attorney; Robert F. Shaw, Director of Public Works; William J. Strasser, City Engineer; Don Hull, City Planner; Thomas J. Griffiths, Jr., Chief Accountant; Dan Andrew, Industrial Coordinator; John Dufour, Superintendent of Parks and Recreation; Victor C. Phillips, Budget Director; Henry G. Sieferd, City Assessor; Frank Kerby, Chief Building Inspector; Avram Rosenthal, Library Director; Wilbert A. Cooper, Director of Civil Defense; Charles Cook, Senior Citizens Housing Commission; Francis Bouffard and William LaPine of the Zoning Board of Appeals. By Councilman Kleinert, seconded by Councilman Nash, it was #748-66 RESOLVED, that the minutes of the 544th regular meeting of the Council of the City of Livonia, held July 25, 1966, and the 101st special meeting held July 26, 1966, are hereby approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, *Milligan, Kleinert, Raymond and Ventura. NAYS: None. *Councilman Milligan abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. Councilman Milligan wishes the record to show that he abstained from low voting because he was not able to attend the subject meetings. Page 8066 Opinion No. 66-21 submitted by the Department of Law and the execution of said contract by the Mayor is to be held in abeyance until a meeting of the Council can be held with the firm of Stellwagen, DiClemente and Mouw, Inc. to further discuss same. An Ordinance Amending Section 22 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. #65-8-1-15), introduced on July 25, 1966, by Councilman McNamara, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, Raymond and Ventura. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 3.14 of Article III of Ordinance No. 63, as amended, Known and Cited as the "Heating Code of the City of Livonia", intro- duced on July 25, 1966, by Councilman Salvadore, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, Raymond and Ventura. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section I 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. #65-11-1-38) introduced by Councilman McNamara on July 25, 1966, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, Raymond and Ventura NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication Page 8067 By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #749-66 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated July 13, 1966, submitted pursuant to council resolution #500-66, the Council does hereby refer this matter to the Department of Law to prepare amendments to the Traffic Ordinance, Ordinance No. 549, as amended, so as to provide the following changes with respect to the same: (1) that traffic rules and regulations authorized therein shall be promulgated by the Chief of Police and shall be given final approval by the Traffic Commission, except that the City Council shall be empowered to reverse such action by the Traffic commission; and (2) that such approval of rules and regulations by the Traffic Commission shall be required where the same shall be in effect for more than ninety (90) days. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #750-66 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated July 13, 1966, submitted pursuant to council resolution #514-66 and #623-66, wherein it is recommended: (1) that the recommendation of the City Planning Commission to establish C-3 District Regulations be rejected and that approval to the proposed amendment be denied; and (2) that the recommendation of the City Planning Commission to create Industrial Park provisions in M-1 and M-L Districts be modified so as to delete the words "to the satisfaction of the Bureau of Inspection" from Sections 15.09(c) and 16.10(b), and that the proposed amendments be adopted with such changes, the Council does hereby, 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, determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, September 7, 1966 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, on the following items: (a) Petition No. 66-1-6-1 initiated by the City Planning Commission to determine whether or not to amend Ordinance No. 543, so as to repeal Section 11.03 thereof and add a new Article XXV thereto which would establish C-3 District Regula- tions, the City Planning Commission having in its resolution #3-54-66 recommended to the City Council that Petition No. 66-1-6-1 be granted; and (b) Petition No. 66-4-6-6 initiated by the City Planning Commission to determine whether or not to amend Ordinance No. 543 so as to create industrial park provisions in M-1 and M-L Districts, the City Planning Commission having in its resolution #5-86-66 recommended to the City Council that Petition No 66-4-6-6 be granted; Page 8068 and further that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement indicating the nature and location of the proposed change of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and the City Clerk is requested to do all things necessary or incidental to the full performance of this reolution. By Councilman Nash, seconded by Councilman Salvadore, it was #751-66 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated July 13, 1966, submitted pursuant to council resolution #585-66, with respect to the report and recommendation submitted by the Department of Law dated May 16, 1966, in connection with proposals and bids submitted by firms offering to codify the City's ordinances, the Council does hereby concur in the recommendation made by the Department of Law and the firm of Municipal Publishers Corporation, 711 Center Street, Hannibal, Missouri, is hereby retained to perform this service for the City of Livonia on the basis of the terms submitted by a proposal dated January 2L , 1966, so as to provide the City with 200 copies of the said codes; and further, the Council does hereby authorize the Mayor and City Clerk to execute a contract for and on behalf of the City of Livonia with the aforesaid firm for a price not to exceed 56,100.00, and the Council does hereby authorize the sum of $6,100.00 to be expended from the 1966-67 Budget in an account to be established for this purpose; and the City Clerk is hereby authorized to do all other things necessary and 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, Raymond and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #752-66 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated July 13, 1966, submitted pursuant to council resolution #627-66, in connection with a letter from the Chief of Police dated May 13, 1966, approved by the Mayor for submission which transmits certain traffic and signal control orders which would establish the following control orders: Traffic Control Order #66-21 - YIELD RIGHT OF WAY at: Ladywood/Sussex Fitzgerald/Lancaster Sussex/Sherwood Fitzgerald/Sussex Sherwood/Williams Fitzgerald/Roycroft Fitzgerald/Sherwood Williams/Rayburn Page 8069 Williams/Ladywood Levan/Sherwood Williams/Marler Levan/Rayburn Kingsbury/Williams (north leg) Levan/Ladywood Kingsbury/Williams (south leg) Levan/Sunnydale Comstock/Kingsbury Myrna/Sunnydale Roycroft/Comstock Ladywood/Fitzgerald Comstock/Marler Ladywood/Myrna Sherwood/Comstock Sunnydale/Fitzgerald Traffic Control Order #66-29 - NO LEFT TURN on Five Mile Road at Henry Ruff (westbound) . Traffic Control Order #66-37 - CLOSED TO THROUGH TRAFFIC on the following streets: Levan, Plymouth to Parkdale (southbound) Leon, Levan to Arthur (eastbound) Parkdale, Levan to Arthur (eastbound) Traffic Control Order #66-42 - YIELD RIGHT OF WAY at: Meadowview Lane and Morning Star Drive Meadowview Lane and Jahn Drive Hickory Lane and Jahn Drive Hickory Lane and Morning Star Drive Traffic Control Order #66-43 - NO LEFT TURN, southbound from the west drive of 31500 Plymouth Road (Daly Drive-in) between the hours of 8:00 P. M. and 2:00 A. M. Traffic Control Order #66-44 - YIELD RIGHT OF WAY at: Lamont at Minton West Chicago at Lamont West Chicago at Butwell Traffic Control Order #66-45 - YIELD RIGHT OF WAY at: Park at Middleboro Park at Ronnie Lane Yale at Barbara Barbara at Perth Traffic Control Order #66-46 - YIELD RIGHT OF WAY at: Woodring at Broadmoor Court Myrna at Shadyside Drive Myrna at Westmore Court Traffic Control Order #66-47 - YIELD RIGHT OF WAY at: Dardanella/Susanna Drive Margareta/Nola Drive Margareta/Susanna Drive Page 8070 Traffic Control Order #66-48 - YIELD RIGHT OF WAY at: Curt is/Whitby Curtis/Norwich Norwich/Pickford Whitby/Pickford Whitby/Clarita Whitby, Norwich/Whitby (north leg) Whitby, Norwich/Whitby (south leg) Traffic Control Order #66-49 - YIELD RIGHT OF WAY at: Bell Creek Lane/Brier Court Loveland/Bennett Loveland/Bobrich Court Loveland/Southgate Bell Creek Lane, Southgate/Bell Creek Lane (south leg) Traffic Control Order #66-50 - YIELD RIGHT OF WAY at: Melvin/Oakview Lori/Beatrice (north leg) Lori/Beatrice (south leg) Melvin/Barkley Melvin/Oakley Barkley/Beatrice Oakley/Beatrice Linda/Beatrice (south leg) Linda/Beatrice (north leg) Oakview/Jacquelyn Oakview/Beatrice Traffic Control Order #66-5l - YIELD RIGHT OF WAY at: Fairway/Bobrich Westbrook/Vargo Fairway/Bennett Golfview/Vargo Northgate/Fairway Park Lane/Dardanella Brookview/Fairway Park Lane/Clarita Curtis/Park Lane Golfview/Jay Park Lane/Golfview Golfview/Margareta Park Lane/Brookview Golf view/Pickford Golfview/Northgate Golfview/Hammer Park Lane/Bennett Levan/Hammer Woodside/Westbrook Curtis/Levan Woodside/Bennett Levan/Dardanella Westbrook/Bennett Dardanella Westbrook Signal Control Order #66-4 - Traffic control signal at Five Mile Road and Henry Ruff Road the first named streets having the right-of-way in the Yield Right of Way Controls, and which orders have been promulgated by the Chief of Police and recommended for adoption by the Traffic Commission in its resolution #69-66, the Council does hereby approve and authorize the same; and further, that upon the effective date of this resolution a copy of such traffic and signal control orders shall be made a part of the Traffic Rules and Regulations Book of the City of Livonia, and any traffic control order in conflict therewith be deleted. Page 8071 The letter received from the Budget Director relative to the used police cars sold at auction, was received and filed for the information of the council. By Councilman Kleinert, seconded by Councilman Milligan, it was #753-66 RESOLVED, that having considered a letter from Maurice P. Kenney and Hattie J. Kenney, his wife, dated July 13, 1966, with respect to the City's proposed acquisition ofproperty owned by Mr. and Mrs. Kenney, the Council does hereby refer this matter to the Department of Law for further negotiation and thereafter to submit its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, Raymond and Ventura. NAYS: None. The letter from the Mayor, transmitting letter from the Board of Wayne County Road Commissioners relative to the status of the Farmington Road Improvement program, was received and filed for the information of the Council. By Councilman Kleinert, seconded by Councilman Salvadore, and unanimously adopted, it was #754-66 RESOLVED, that having considered a letter dated July 11, 1966 from the Chairman of the Planning Commission, a letter dated May 27, 1966 from the Planning Director, as well as a connumication dated May 23, 1966 from the City Planning Commission which transmits its resolution #5-80-66 adopted by the Commission on May10, 1966, with regard to Petition No. 66-3-2-8 submitted by H. A. Hemminger requesting permission to construct a gasoline service station as a waiver use on property zoned C-2 and located on the south side of Plymouth Road, approximately 750 feet east of Milburn Avenue in Section 35, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 66-3-2-8 is hereby approved and granted, such approval to be based on the following legal description: That part of the N. W. 1/4 of Section 35, and that part of the N. E. 1/4 of Section 35, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as being the North 210 feet of the west 16.5 feet of the N. W. 1/4 of the N. E. 1/4 of Section 35 and the north 210 feet of the east 148.5 feet of the N. E. 1/4 of the N. W. 1/4 of Section 35, except the north 60 feet thereof; further, that this approval is based upon the petitioner complying with all conditions which are deemed necessary with respect to this matter by the City Planning Commission; and further, that such approval is conditioned upon such gasoline service station being related to the Holiday Inn Motel proposed to be constructed on Parcel 35A31 and a portion of Parcel 35A3a2b3 as set forth in Petition No. 66-3-2-7, and such approval shall be deemed terminated in the event that the said motel Page 8072 shall not be constructed in the proposed manner; and further, the Council does hereby rescind the actions taken in council resolution #1130-65 adopted on November 24, 1965 and in council resolution #1146-65 adopted on December 1, 1965, for the reason that the same shall be superseded by the action taken herein. By Councilman Milligan, seconded by Councilman Ventura, it was #755-66 RESOLVED, that in view of the action taken in CR #754-66, the Council does hereby determine that if the gas station approved in CR #754-66 and the Holiday Motel approved in CR #626-66 are not constructed, then the approval previously rendered in CR #1130-65 and reaffirmed in CR #11)16-65 shall be reinstated. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, Milligan and Ventura. NAYS: Kleinert and Nash. The Vice-President declared the resolution adopted. The President relinquished the Chair to the Vice-President at 9:20 P. M. to support the above motion, and resumed the Chair at 9:21 P. M. Councilman Raymond disqualified himself from voting on the above motion, and his vote was not recorded. By Councilman Kleinert, seconded by Councilman Milligan, it was #756-66 RESOLVED, that resolution #626-66 is hereby amended and modified so as to delete from the legal description set forth therein the following: "except the westerly most 26.5 feet thereof for the future extension of Henry Ruff Road;" and further, the Council does hereby determine to include and add the following language to resolution #626-66: "further, that this approval is based upon the petitioner complying with all conditions which are deemed necessary with respect to this matter by the City Planning Commission." A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, Raymond and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman Nash, it was #757-66 RESOLVED, that having considered the submission of a surety bond in the amount of $1,000.00 by Municipal Judge James R. McCann, and Page 8073 transmitted by a communication dated July 13, 1966 from the City Clerk, the Council does hereby, pursuant to provisions of Chapter VI, Section 3 of the City Charter, approve of the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, Raymond and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was #758-66 RESOLVED, that having considered a letter from the Mayor dated June 6, 1966, to which is attached a communication dated May 11, 1966, addressed to the Livonia Drainage Board, wherein it is proposed that right-of-way acquisition in connection with the construction of Bell Drain #2 be performed by the City of Livonia, the Council does hereby refer this matter to the Department of Law for it s report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, Raymond and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman Nash, it was #759-66 RESOLVED, that having considered the report and recommendation dated June 23, 1966 from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby release to Burt Homes, Inc., 16021 W. McNichols Road, Detroit, Michigan, the $8,000.00 cash bond deposited with the City in accordance with resolution #719-59 adopted November 9, 1959, and readopted and reaffirmed by resolutions #273-61 and #289-63, as amended by resolution #288-64 adopted April 1, 1964 and resolution #545-64 adopted June 24, 1964, in connection with improvements to be installed in Meni-Lynn Farms Subdivision No. 8 located on the south side of Lyndon Avenue one-quarter mile west of Merriman Road in the Southeast 1/4 of Section 22, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the Chief City Engineer that all required improvements have been satisfactorily installed; 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: Nash, Salvadore, Milligan, Kleinert" Raymond and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was #760-66 RESOLVED, that having considered a letter from the Chief City Engineer dated July 5, 1966, approved by the Mayor and Asst. Director of Page 8074 Public Works, with regard to the installation of a culvert crossing Newburgh Road, south of Seven Mile Road, as an "extra" in the Newburgh Road Water Main installation, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, Raymond and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman Raymond, it was #761-66 RESOLVED, that having considered a letter from Mrs. Palma Smaniotto dated June 9, 1966, with regard to the City's acquisition of certain property located within Section 21, Parcel 21Mb2, of which she is the owner, together with certain minor children, the Council does hereby refer this matter to the Department of Law for disposition. A roll call vote was taken on the foregoing resolution with following result: AYES: Nash, Salvadore, Milligan, Kleinert, Raymond and Ventura. NAYS: None By Councilman Salvadore, seconded by Councilman Milligan, it was #762-66 RESOLVED, that the matter concerning the Hidden Lane Storm Drainage, Sunnydale Storm Drainage and Broadmoor Storm Drainage is hereby referred to the Water and Sewer Committee of the Council for their report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Raymond and Ventura. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Kleinert, it was #763-66 RESOLVED, that having considered a letter from the Chief City Engineer dated June 29, 1966, approved by the Acting Director of Public Works, concerning the lighting of Farmington Road from Joy Road to Eight Mile Road, the Council does hereby authorize the installation of street lighting on Farmington Road from Joy Road northerly to Eight Mile Road, such work to be performed in connection with the improvement of Farmington Road and in accordance with and in the manner set forth in the proposed plans submitted by the Detroit Edison Company and dated March Z,, 1966, Drawing No. S-3911 ., revised on June 13, 1966; and further, the Council does hereby authorize the sum of $1,939.00 to be expended from the 1966-67 Budget in an account to be established for the purpose of converting existing equipment on Farmington Road between Joy Road and Plymouth Road; and futher, the Council does hereby authorize and request Page 8075 the City Clerk to make application to the Detroit Edison Company on forms provided by such company for the installation of street lights on Farmington Road (for mercury vapor lights on ornamental poles with under- ground wiring) in accordance with and as shown on the aforesaid drawing, as revised, it being the determination of the Council that such lighting is needed to protect the public safety of the residents of this community. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, Raymond and Ventura. NAYS: None *The President relinquished the Chair to the Vice-President at 9:35 P. M. to speak on the following motion. By Councilman Salvadore, seconded by Councilman Milligan, it was #764-66 RESOLVED, that having considered the communication dated June 28, 1966 from the Bureau of Inspection relative to the removal of Sub-Standard buildings, the Council does hereby refer this matter to the Department of Law for their report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, Milligan, Raymond, Ventura and Nash. NAYS: Kleinert. The President declared the resolution adopted. *The President resumed the Chair at 9:43 P. M. By Councilman Kleinert, seconded by Councilman Nash, it was #765-66 RESOLVED, that having considered the communication from the Superintendent of Parks and Recreation, who is also the Vice-President of the Livonia Youth Incorporated, dated June 30, 1966, and approved by the Mayor and Budget Director, with regard to the sum of $3500.00 received from the United Community Services, the Council does hereby accept the aforesaid sum which shall be placed in the Special Trust Fund for transfer to the Livonia Youth Incorporated, for the purpose of paying salaries; 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: Nash, Salvadore, Milligan, Kleinert, Raymond, and Ventura. NAYS: None. Councilman McNamara arrived at 9:55 P. M. Page 8076 Councilman Kleinert introduced the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 66-3-3-4) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Milligan, seconded by Councilman Kleinert, it was #766-66 RESOLVED, that having considered the report and recommendation dated June 27, 1966, from the Chief City Engineer, approved by the Asst. Director of Public Works and the Budget Director, and the attached invoice, Invoice No. 10524, from the Board of Wayne County Road Commis- sioners dated February 23, 1966, the Council does hereby authorize final payment in the amount of $3,633.68 to the Board of Wayne County Road Commissioners which sum includes the full and complete balance due on a contract dated March 12, 1964 for the construction of the widening and paving of Seven Mile Road from Purlingbrook to Parkville, it being the understanding of the Council that all work under the said contract has been completed in accordance with City standards and specifications; and for this purpose, the aforesaid sum of $3,633.68 is hereby authorized to be expended from the proceeds of the sale of Motor Vehicle Highway Fund Bonds; 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Kleinert, it was #767-66 RESOLVED, that having considered the report and recommendation dated June 27, 1966 from the Chief City Engineer, approved by the Asst. Director of Public Works, the Council does hereby amend Item No. 3 of resolution #459-65 adopted on May 5, 1965, and subsequently amended by resolution #925-65 adopted on September 29, 1965, so as to further reduce the bond for general improvements in Coventry Gardens West Sub- division to $1,500.00 cash to cover the cost of remaining improvements, and so as to reduce the bond for sidewalk improvements in said subdivision to $10,000.00, of which at least $3,900.00 shall be in cash; and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full perform- ance of this resolution. Page 8077 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 Kleinert, seconded by Councilman McNamara, it was #768-66 RESOLVED, that having considered the report and recommendation dated June 27, 1966, from the Chief City Engineer, approved by the Asst. Director of Public Works and the Budget Director, and the attached invoice, Invoice No. 10523, from the Board of Wayne County Road Commis- sioners dated February 23, 1966, the Council does hereby authorize final payment in the amount of $47,930.75 to the Board of Wayne County Road Commissioners which sum includes the full and complete balance due on a contract dated September 11, 1962, as amended on November 29, 1962, for the construction of the widening and paving of Middlebelt Road from Five Mile Road to Eight Mile Road, including two bridges, it being the understanding of the Council that all work under the said contract has been completed in accordance with City Standards and specifications; and for this purpose, the aforesaid sum of $47,930.75 is hereby authorized to be expended from the proceeds of the sale of Motor Vehicle Highway Fund Bonds; 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura NAYS: None. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #769-66 RESOLVED, that having considered a communication from the City Planning Commission dated April 29, 1966, which transmits its resolution #4-72-66 adopted on April 12, 1966 with regard to Petition No. 66-2-6-3 as submitted by the City Planning Commission pursuant t council resolu- tion #73-66, wherein it is recommended that the said petition to amend Ordinance No. 543 so as to add Section 18.53 regulating the illegal parking of motor vehicles be approved, and the Council having conducted a public hearing with respect to this matter on June 29, 1966, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman McNamara, seconded by Councilman Nash, it was #770-66 RESOLVED, that having considered the report and recommendation dated April 19, 1966 from the City Planning Commission which sets forth its resolution #3-49-66 in regard to Petition 66-2-1-4 submitted by Robert E Childs, attorney for Vaughn Hinbern, for a change of zoning on the southwest corner of Seven Mile Road and Inkster Road in the North- east 1/4 of Section 12 from C-1 to C-2, and the Council having conducted Page 8078 a public hearing with regard to this matter on June 29, 1966 pursuant to resolution #513-66, the Council does hereby concur with the recommenda- tion of the Planning Commission and said Petition 66-2-1-4 is hereby denied for the following reasons: (1) The proposed use would not be in harmony and appropriate with the orderly development of the surrounding area. (2) The location and size of the proposed use, the nature and intensity of the principal use and accessory uses, the site layout and its relationship to streets giving access, shall be such that the traffic to and from the use and assembly of persons in conjunction with the use, will be hazardous and inconvenient to the neighborhood and will unduly conflict with the normal traffic of the neighborhood. (3) The location of the building and its accessories will be such that the proposed use will have a detrimental effect upon the neighboring property and the neighboring area in general. It may impair the value of the neighboring property and discourage the appropriate development and use of the adjacent land or building. (L ) The location, size and intensity, site layout and periods of operation of the proposed use can cause a nuisance which may be noxious to the occupant of any other nearby permitted use by reason of dust, noise, fumes and lights. (5) The area is already being adequately serviced by similar uses and there is no need for additional facilities of this type in this location at this time. (6) This proposed zoning is in conflict with the Planning Commission's previously adopted overall commercial study. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, McNamara and Raymond. NAYS: Ventura. The President declared the resolution adopted. Dy Councilman Milligan, seconded by Councilman Salvadore, and unanimously adopted, it was #771-66 RESOLVED, that having considered the report and recommendation dated April 19, 1966 from the City Planning Commission which sets forth its resolution #3-53-66 in regard to Petition 66-1-1-1 submitted by Mary Grande for a change of zoning on the north side of Seven Mile Road between Angling Road and Lathers Avenue in the Southeast 1/L of Section 1 from RUF to P, and the (Council having conducted a public hearing with regard to this matter on June 29, 1966 pursuant in resolution #513-66, the Council does hereby concur with the recommendation of the Planning Com- mission and said Petition 66-1-1-1 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 Page 8079 such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. By Councilman Salvadore, seconded by Councilman Nash, and unanimously adopted, it was #772-66 RESOLVED, that having considered the communications dated April 19, 1966 and June 14, 1966 from the City Planning Commission which transmit its resolution #3-52-66 adopted March 29, 1966 and resolution #5-102-66 adopted on May 31, 1966, respectively, with regard to Petition 65-12-2-15 submitted by Mary Grande requesting permission to construct and operate a convalescent home as a waiver use on property zoned PS and located on the north side of Seven Mile Road between Lathers and Angling Road in the Southeast 1/4 of Section 1 (Parcel 01CC), the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 65-12-2-15, as modified, is hereby approved and granted, such approval conditioned upon the compliance by the petitioner with the conditions set forth in the recommendation of the City Planning Commission. By Councilman Milligan, seconded by Councilman Kleinert, and unanimously adopted, it was #773-66 RESOLVED, that having considered the letter from the Director- Secretary of the Livonia Housing Commission dated June 29, 1966, wherein he transmits a resolution adopted by the Livonia Housing Commission, resolution #85-66, designating and naming the Senior Citizens Housing Project the "PatridcV. McNamara Towers," the Council does hereby take this means to concur in and approve of such action. By Councilman Nash, seconded by Councilman Salvadore, it was #774-66 RESOLVED, that having considered a letter from the Industrial Coordinator and the Chief City Engineer dated June 27, 1966, approved for submission by the Mayor, regarding the release of a portion of an easement previously obtained from the Detroit Edison Company for drainage purposes and it being the understanding of the Council that the same is no longer required as a result of the construction of the Livonia Drain No. 19, the Council does hereby authorize the Mayor and City Clerk to execute a release which restores to the Detroit Edison Company prior easement rights as to the following described premises: "The Southerly 250 feet of the East ten (10) feet of the North 1/2 of the Northwest 1/4 of Section 26, Town 1 South, Range 9 East, except the North 102 feet thereof"; the execution of such release to be subject In approval by the Chief City Engineer and as to form by the Department of Law; and further, the city Clerk is 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None Page 8080 By Councilman McNamara, seconded by Councilman Nash, it was #775-66 RESOLVED, that pursuant to the report and recommendation dated June 22, 1966 from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 8 of its resolution #1044-65 adopted on November 3, 1965 so as to reduce the bond for general improvements in Burton Hollow Estates No. 6 to $8,500.00, of which at least $5,000.00 shall be in cash, to cover the cost of remaining improve- ments in said subdivision; and further, the sidewalk bond shall remain the same; and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. The communication from the Department of Parks and Recreation regarding the amendment of Part V of the Master Plan of the City of Livonia to include certain property located south of Five Mile and just north of Lyndon Avenue, between Yale and Ellen Drive in Section 21, was received and filed for the information of the Council. By Councilman Salvadore, seconded by Councilman Milligan, and unanimously adopted, it was #776-66 RESOLVED, that having considered the letter from Richard Zweiback, Special Representative of Metropolitan Council No. 23, dated July 12, 1966, with respect to negotiations which are presently under- way between the City's bargaining team and Local No. 192, the Council does hereby request that the members of the City's bargaining team and members of the Civil Service Commission meet with the City Council, as a Committee of the Whole, on Thursday, August 11, 1966 at 8:00 P. M. in the Council's Study Chambers for the purpose of discussing the ramifica- tions involved in negotiations with Local No. 192, Council 23 AFSC&ME. By Councilman Kleinert, seconded by Councilman Salvadore, it was RESOLVED, that having considered the veto by the Mayor, dated August 8, 1966 of resolution #736-66 adopted by the Council on July 25, 1966, the Council does hereby readopt said resolution #736-66 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: Salvadore, Kleinert, Raymond and Ventura. NAYS: Nash, Milligan and McNamara. Page 8081 The President declared the resolution denied because of the lack of five affirmative votes, and the Mayor's veto was sustained By Councilman Nash, seconded by Councilman 57,h1vadore, and unanimously adopted, it was #777-66 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of the following items which do not appear on the agenda By Councilman Nash, seconded by Councilman McNamara, and unanimously adopted, it was #778-66 RESOLVED, that having considered the request from John Davies, President of Devon-Aire Woods Civic Association, 9024 Perrin Drive, in a communication dated July 31, 1966, the Council does hereby grant permission to the Devon-Aire Woods Civic Association to block off Robert Drive between Flamingo and Milburn Streets for the purpose of conducting their Annual Corn Roast at Devonshire Park beginning at 8:00 p m. on Saturday, August 13, 1966, subject to the approval of the Director of Public Safety. By Councilman McNamara, seconded by Councilman Raymond, it was #779-66 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations Division dated July 25, 1966, approved by the Director of Public Works and Budget Director, the Council does hereby accept the bid of Redford Topsoil Contractors, Inc., 15553 Beech-Daly Road, Detroit, Midhigan 48239, for supplying the City with 4,500 cubic yards of top soil, for use in developing park sites, at $1 85 per cubic yard for a total price of $8,325.00, 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman Nash, it was #780-66 RESOLVED, that having considered the report and recommendation dated August 2, 1966 from the President and Secretary of the Livonia Library Commission, approved by the Mayor and Budget Director, the Council does hereby accept the following bids, as set forth below, for supplying the City with furnishings, equipment and carpeting for the New South Branch Library: (1) Furnishings and Equipment, List No. 1 - the bid of Silvers Office Equipment Company, 16350 Woodward Avenue, Highland Park, Michigan, in the amount of $8,235.50, such having been in fact the lowest bid received for these items; Page 8082 (2) Furnishings and Equipment, List No. 2 - the bid of the B. F. Farnell Company, 427 W. Seven Mile Road, Detroit, Michigan, 48203, in the amount of $2,490.00, such having been in fact the lowest bid received for these items; (3) Furnishings and Equipment, List No. 3 - the bid of Speaker & Associates, Inc , 20519 W. Seven Mile Road, Detroit, Michigan, in the amount of $900.00, such having been in fact the only bid received for these items; and (4) Carpeting - the bid of Silvers Office Equipment Company, 16350 Woodward Avenue, Highland Park, Michigan, in the amount of $11,750.00 ($11.75 per sq. yard), such having been in fact the lowest bid received for this item; it being the understanding of the Council that the aforesaid amounts which have been approved above are all within the prescribed budget for these items. 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, and unanimously adopted, it was #781-66 RESOLVED, that having considered a request dated July 27, 1966 from Ted and Joanne Callear, 8812 Hubbard Road, Livonia, Michigan, regarding an exception from certain requirements prescribed in Ordinance No. 305, as amended, with regard to the construction of a private swimming pool on their property, the Council does hereby grant the requested exception and authorizes the issuance of a building permit to construct said swimming pool on the aforesaid premises twelve (12) feet from the existing side lot line in lieu of twenty-five (25) feet as required, in the manner as shown on the map attached to the communica- tion from Mr. and Mrs. Callear By Councilman McNamara, seconded by Councilman Nash, and unanimously adopted, it was #782-66 RESOLVED, that the Council does hereby request the Director of Public Safety and the Civil Defense Director to report to the Council the status of preparations that have been made, to date, for the preservation of health and property in the event of acts of civil disorders as well as other disturbances or riots; and further to report to the Council as to the needs that may arise to achieve the same Councilman Kleinert was excused at 10:25 P.M. for the balance of the Meeting. Page 8083 By Councilman Milligan, seconded by Councilman McNamara, and unanimously adopted, it was #783-66 RESOLVED, that the Council does hereby request and direct the Mayor to use his good offices to assure that City departments co-operate with the City Planning Commission for the purpose of assuring that the Commission will have the information necessary to comply with the provisions set forth in Act 285 of the Public Acts of Michigan of 1931, as amended, (M.S.A., Sec 5.29991, et. seq.) which requires in Section 9 (M.S.A. 5.2999) that Planning Commissions annually prepare a Capital Improvement Program and Master Plan for the ensuing six years; and further, that the aforesaid plan be made available for the City Council' s consideration in time for inclusion in the budget for the next fiscal year. On motion of Councilman McNamara, seconded by Councilman Raymond, and unanimously adopted, this 545th Regular Meeting of the Council of the City of Livonia was duly adjourned at 10:36 P. M., August 8, 1966. ADDISON W. BACON i y erk