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HomeMy WebLinkAboutCOUNCIL MINUTES 1967-01-16 8402 MINUTES OF THE FIVE HUNDRED SIXTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA on January 16, 1967, 1111111117 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:15 P. M.. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present--Peter A. Ventura, Rudolf R. Kleinert, Jerry Raymond, 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, Assistant City Attorney; Robert A. Shaw, Director of Public Works; William J. Strasser, City Engineer; James R. McCann, Municipal Judge; Donald Nicholson, Director of Public Safety, James Jordan, Police Chief; Don Hull, City Planner; L Water and Sewer Commissioner; Carl E. Demek, Supt. of Operations Division; John T. Dufour, Director of Parks and Recreation; Henry Sieferd, City Assessor, Victor C. Phillips, Budget Director; Thomas Griffiths, Jr., Chief Accountant; Frank Kerby, Chief Building Inspector; John Nagy, Assistant City Planner; John Ward and Marvin Moser of the Planning Commission. By Councilman Nash, seconded by Councilman Salvadore, and unanimously adopted, it was #29-67 RESOLVED, that the minutes of the 559th regular meeting of the Council of the City of Livonia, held January 9, 1967, are hereby approved. By Councilman Milligan, seconded by Councilman Salvadore, and unanimously adopted, it was #30-67 RESOLVED, that having considered the letter dated January 16, 1967 from William S. Munger, Attorney, relative to Wayne County Circuit Court Case #62872, City of Livonia v. Marie W. Clark, et al, the Council does hereby refer this matter to the Legislative Committee of the Council for their report and recommendation; further, the Council requests that in the interim, while the Committee studies the matter, that the Depart- m,nt of Law withhold institution of an appeal until such time as the frum Committee is presented. 8403 By Councilman Kleinert, seconded by Councilman Raymond, it was RESOLVED, that having considered the letter dated November 17, 1966 from the "Committee of One Hundred", pertaining to the "resolution of intent" to join the Council of Governments, the City of Livonia finds it not advantageous to indicate its desire to participate in such organiza- tion at this time. By Councilman Raymond, seconded by Councilman Milligan, it was #31-67 RESOLVED, that having considered the letter dated November 17, 1966 from the "Committee of One Hundred", pertaining to the "resolution of intent" to join the Council of Governments, the Council does hereby refer this matter to the Legislative Committee for further report and recommen- dation. A roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, Salvadore, Milligan and Ventura. NAYS: Kleinert and Nash. The President declared the resolution adopted. An Ordinance Amending Ordinance No. 543, as amended, Known and Cited as the "City of Livonia Zoning Ordinance" by Adding Article XXVIII Thereto, Pet. No. 66-5-6-9, introduced by Councilman Milligan on November 28, 1966, was taken from the table and a roll call vote conducted thereon with the following result: AYES : Kleinert, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. By Councilman Salvadore, seconded by Councilman Milligan, it was RESOLVED, that the application for Federal assistance under the Open Space Land Program (Master Park Plan) be referred to the Committee of the Whole and that the President of the Council immediately schedule meetings with the sole purpose of reviewing the Master Park Plan. A roll call vote was taken on the above resolution with the following result: AYES: Salvadore and. Milligan. NAYS: Kleinert, Raymond, Ventura and Nash. The *Vice-President declared the resolution denied. 840+ The President relinquished the Chair to the Vice-President at 9:02 P. M. to speak on the above motion and resumed the Chair at 9:06 P. M. By Councilman Kleinert, seconded by Councilman Milligan, it was #32-67 WHEREAS Title VII of the Housing Act of 1961, as amended, provides for the making of grants by the Secretary of Housing and Urban Develop- ment to States and local public bodies to assist them in the acquisition and development of permanent interests in land for open-space uses where such assistance is needed for carrying out a unified or officially coordinated program for the provision and development of open-space land as part of the comprehensively planned development of the urban area; and WHEREAS the CITY OF LIVONIA, MICHIGAN (Herein sometimes referred to as "Applicant"), desires to acquire fee title and ownership to certain lands which are generally described and located as follows: LOCATED IN PROPOSED SITE ITEM # SECTION OF CITY ACQUISITION A 1 10 acres B 2 18.1 acres C 2 5.5 acres D 3 77.5 acres E 4 100.0 acres F 6 40 acres G 7 7 acres H 8 10.4 acres I 9 50.77 acres J 10 200 acres K 11 5.5 acres L 11 17.9 acres M 12 15 acres N 14 11.6 acres O 14 12 acres P 17 10.2 acres Q 17 9.5 acres R 18 3.5 acres S 18 50.0 acres T 19 6.0 acres U 20 13 acres ✓ 21 30 acres W 21 5 acres X 23 7 acres Y 24 3.6 acres Z 24 3.1 acres AA 31 45 acres BB 33 47.4 acres CC 36 3.6 acres which lands are to be held and used for permanent open-space land for public parks, recreational and open-space uses; and 84.5 Rights WHEREAS Title VI of the Civil/Act of 1964, and the regulations of the Department of Housing and Urban Development effectuating that Title, provide that no person shall be discriminated against because of race, color, or national origin in the use of the land acquired and/or developed; and WHEREAS it is recognized that the contract for Federal grant will impose certain obligations and responsibilities upon the Applicant and will require among other things (1) assurances that families and individuals displaced as a result of the open-space land project are offered decent, safe, and sanitary housing, (2) compliance with Federal labor standards, and (3) compliance with Federal requirements relating to equal employment opportunity; and WHEREAS, it is estimated that the cost of acquiring said interests will be $3,293,200.00; and WHEREAS it is estimated that the total amount of relocation payments to be made to eligible site occupants displaced from property to be acquired will be $1,800.00: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVONIA, MICHIGAN: 1. That an application be made to the Department of Housing and Urban Development for a grant in an amount authorized by Title VII of the Housing Act of 1961, as amended, which amount is presently estimated to be $1,716,900.00, and that the Applicant will pay the balance of the cost from other funds available to it. 2. That the Mayor is hereby authorized and directed to execute and to file such application with the Department of Housing and Urban Development, to provide additional information and to furnish such docu- ments as may be required by said Department, to execute such contracts as are required by said Department, and to act as the authorized correspondent of the Applicant. 3. That the proposed acquisition is in accordance with plans for the allocation of land for open-space uses, and that, should said grant be made, the Applicant will acquire, develop, and retain said land for the uses designated in said application and approved by the Department of Housing and Urban Development. 4. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance by the Applicant with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964. 5. That there exists in the locality an adequate amount of decent, safe, and sanitary housing which is available to persons displaced as a result of the open-space land project, at prices which are within their financial means, and which are not generally less desirable in regard to public utilities and public and commercial facilities than the *1.06 Ldwellings of the displaced individuals and families, and it is the sense of this body that such displacees, if any, will be relocated in accordance with applicable regulations of the Department of Housing and Urban Development. A toll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Raymond, Nash, Milligan and Ventura. NAYS : Salvadore. The President declared the resolution adopted. The President relinqui thed the Chair to the Vice-President at 9:07 P. M. to speak on the above motion, and resumed the Chair at 9:08 P. M. By Councilman Raymond, seconded by Councilman Nash, it was #33-67 RESOLVED that, having considered the recommendation of the Capital Improvements Committee regarding a letter dated January 9, 1967 from the Mayor concerning an option to purchase for the sum of $1.00 which was obtained from Edward K. Sheridan and Marie Sheridan, his wife, and Mrs. Marjorie Ferry, and John A. Ferry and Joyce E. Ferry, his wife, and Mrs. Marion E. Ferry, the owners of property located in the southwest quarter of Section 9, which consists of 37.77 acres more or less, the Council does hereby accept the said option to purchase the following described land: The West 3/4 of S.W. 1/4 of Section 9, except the S. 1210.00 feet thereof; also except that part thereof described as beginning at W. 1/4 corner of Section 9, and proceeding thence due S. along the W. section line 1435.00 ft., thence N. 89 degrees, 47' 45" east, 910.00 ft.; thence N. 9 degrees, 53' 30" 294.11 ft. ; thence N. 10 degrees 21' 40" E. 275.30 ft.; thence N. 10 degrees 17' 20" W. 171.99 ft., thence N. 25 degrees 50' 32" W. 183.19 ft., thence N. 2 degrees 25' 50" E. 165.13 ft. , thence N. 7 degrees 15' 20" E. 166.25 ft.; thence N. 33 degrees 31' 40" E. 195.27 ft. ; thence due N. 43.00 ft.; thence N. 89 degrees 48' 10" W. along the E. and W. 1/4 section line, 915.00 ft. to the point of beginning all in Sec- tion 9, T. 1 S., R. 9 E. , Livonia Township, containing 37.77 acres more or less. such option to be for a period of 120 days from January 4, 1967, and to be subject to approval as to form by the Department of Law. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. 8407 1. The communication dated December 7, 1966 from the Department of Law relative to an application for Federal assistance to acquire Open Space Land in Section 6, was received and filed for the information of the Council. The communication from the Superintendent of Parks and Recreation, dated December 8, 1966, which transmits a document entitled "Master Park and Recreation Plan - 1966" for the City of Livonia, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Salvadore, it was #34-67 RESOLVED, that having considered a letter dated December 2, 1966 from Derin Construction Inc., 36525 Plymouth Road, Livonia, Michigan, 48150, with regard to a garage encroachment upon a side utility easement on Lot 15 of Joy-Ann Subdivision, the owners of said lot being Mr. and Mrs. John Harms of 35602 Dover Street, Livonia, Michigan, the Council does hereby refer this matter to the Department of Law for the preparation of an agreement wherein in consideration for the sufferance of such encroach- ment the aforesaid owners of the property would agree to insure the use of the said utility easement in the event the same becomes necessary in the future and would also indemnify the City for any costs or damages that might result as a consequence of the same; and further, that the original of such agreement upon the execution of the same shall be placed in the files of the City Clerk for safekeeping. A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS : None. By Councilman Salvadore, seconded by Councilman Nash, it was #35-67 RESOLVED, that having considered a letter from Robert P. Ross, 30246 Oakview, Livonia, Michigan, 48154, dated December 3, 1966, regarding the City's present tree replacement policy with regard to dead trees, the Council does hereby defer taking action with regard to same until such time as it receives from the Department of Law the opinion requested in council resolution #1127-66 relative to the legality of using monies which are presently deposited in the City's Tree Fund for the purpose of replac- ing diseased or dead trees which are located in public rights-of-way throughout the City. L A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. 8408 By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was #36-67 RESOLVED, that having considered a petition submitted by certain residents and property owners in the area of St. Paul's Presbyterian Church which is located on Five Mile Road in Livonia, and which was received by the City Clerk December 6, 1966, the Council does hereby refer the same to the St. Paul's Presbyterian Church for its consideration in attempting to resolve the complaints referred to in such petition. By Councilman Kleinert, seconded by Councilman Salvadore, it was #37-67 RESOLVED, that having considered a letter from the Chief City Engineer dated November 28, 1966 approved by the Mayor and Director of Public Works, regarding the proposed dedication of the north 43 feet of Parcel Hla2b2a for the opening of Curtis Avenue, City of Livonia, Wayne County, Michigan, which city-owned property is located on the south side of Curtis Avenue between Inkster Road and Deering Avenue, the Council does hereby determine that the City of Livonia shall relinquish the north 43 feet of Parcel Hla2b2a for roadway right-of-way purposes and does further request that the Wayne County Bureau of Taxation record such right-of-way dedication on all maps issued by the Bureau of Taxation; further, the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Bureau of Taxation. A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS : None. By Councilman Kleinert, seconded by Councilman Raymond, it was #38-67 RESOLVED, that having considered a letter from the Chief City Engineer dated November 28, 1966, approved by the Mayor and the Director of Public Works, regarding the proposed dedication of the north 43 feet of Parcel EElb-HH1b, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, which city-owned property is located south of Curtis Avenue and west of Middlebelt Road, the Council does hereby determine that the City of Livonia shall relinquish the north 43 feet of Parcel EElb-HH1b for roadway right-of-way purposes and does further request that the Wayne Count Bureau of Taxation record such right-of-way dedication on all maps issued by the Bureau of Taxation; further, the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Bureau of Taxation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. 8409 By Councilman Milligan, seconded by Councilman Nash, it was #39-67 RESOLVED, that having considered a letter dated November 21, 1966 from the law firm of Baldwin, Snider and Hague, 409 Griswold Street at Jefferson, Detroit, Michigan, 48226, in behalf of Laurence E. McClung and Geraldine McClung, his wife, wherein an offer is made to purchase the easterly 30 feet of Lot 41 of Newman Schoolcraft Farms Subdivision from the City of Livonia for the fair market value of such land, the Council does hereby authorize and direct the Department of Law to retain two appraisers to determine the fair market value of the subject property, it being the understanding of the Council that the prospective purchasers of this property, Laurence E. McClung and Geraldine McClung, his wife, will reimburse to the City the expenses herein involved in obtaining such appraisals, and the City Clerk is hereby authorized and directed to pay said appraisers, upon notification by the Department of Law that the appraisals have been received, according to the rates established by the Wayne County Road Commission; further, the Council does hereby authorize the advance of the sum of $500 from the General Fund for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman Salvadore, and unanimously adopted, it was #40-67 RESOLVED, that having considered a letter dated November 30, 1966 from H. J. Bengel, 31640 Myrna, Livonia, Michigan, and a letter dated December 5, 1966 from Edwin M. Orr, 22148 Michigan Avenue, Dearborn, Michigan, and a letter dated December 12, 1966 from William J. Medlin, 31660 Myrna Avenue, Livonia, Michigan, regarding certain complaints they have relative to work done by the City's contractor in the construction of the Bell Creek sanitary sewer, the Council does hereby refer the same to the Director of Public Works for his report and recommendation. *Councilman McNamara arrived at 9:25 P.M. By Councilman Kleinert, seconded by Councilman Nash, it was #41-67 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 44 for the proposed improvement of the installation of paving and storm sewers for Brookfield Avenue south of Five Mile Road in the Northwest 1/4 of Section 22, City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Ordinance No. 401, as amended, of the City of Livonia, a public hearing thereafter having been held thereon on Wednesday, December 14, 1966, at the City Hall, 33001 Five Mile Road, Livonia, and the City Council hay.....� duly met and reviewed the special asst.:.sment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements and storm sewers to be const ed in :.peciaj Assessment ..o. 44 , and 6410 WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated October 17, 1966, in the amount of $48,200.00 are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the Chief City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 44 is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of six percent (6%) per annum on the unpaid balance of the assessment commencing from December 1, 1967. In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each install- ment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1967, and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 3.10 of Ordinance No. 401, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 6.03, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 6.03. Any property owner may, within sixty (60) days from December 1, 1967 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1967 City tax roll in the manner required by Section 6.05 of Ordinance No. 401, as amended, and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (60) day period as provided by Section 6.04, or after the expiration of the sixty (60) day period as provided by Section 6.07 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; (6) The City Council having determined to pay the entire cost of intersections, off-site storm sewer, and frontage of city property (756.40 feet) within the said district, the sum of $26,315.89 is hereby transferred from Unappropriated Surplus to the Civic Improvement Account .3 cover the City's cost of said installation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. 8411 By Councilman Kleinert, seconded by Councilman Milligan, it was #42-67 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 45, for the proposed improvement of the installation of paving and storm sewers for Fairfield Avenue south of Five Mile Road in the Northwest 1/4 of Section 22, City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Ordinance No. 401, as amended, of the City of Livonia, a public hearing thereafter having been held thereon on Wednesday, December 14, 1966, at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements and storm sewers to be constructed in Special Assessment District No. 45; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, THAT: 1. The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated October 17, 1966, in the amount of $47,650.00 are fair and equitable and based upon benefits to be derived by construction of improvements in said district, in accordance with the plans of the Chief City Engineer and resolutions of the City Council; 2. Said Special Assessment Roll No. 45 is hereby approved and confirmed in all respects; 3. The amount of said roll shall be divided into ten (10) equal installments with interest at the rate of six percent (6%) per annum on the unpaid balance of the assessment from December 1, 1967. In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1967, and subsequent installments on December 1st of succeeding years; 4. Pursuant to the provisions of Section 3.10 of Ordinance No. 401, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 6.03, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 6.03. Any property owner assessed may, within sixty (60) days from December 1, 1967, pay the whole or any part of the assessment without interest or penalty; 5. The first installment shall be spread upon the 1967 City tax e. roll in the manner required by Section 6.05 of Ordinance No. 401, as amended, and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments; provided, however, that when any annual installment shall 8412 have been prepaid in the manner provided by said Ordinance No. 401, as amended, whether within the sixty (60) day period as provided by Section 6.04, or after the expiration of the sixty (60) day period as provided by Section 6.07, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; 6. The City Council having determined to pay the entire cost of the intersection and off-site storm sewer within the said district, the sum of $11,670.00 is hereby transferred from Unappropriated Surplus to the Civic Improvement Account, to cover the City's cost of said installa- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was #43-67 RESOLVED, that having considered the report and recommendation dated September 23, 1966 from the City Planning Commission which sets forth its resolution #9-138-66 in regard to Petition 66-7-1-19 submitted by Vincent L. Burton requesting to rezone property located at the south- east corner of Five Mile Road and Sunbury Avenue in the Northwest 1/4 of Section 24, from RUF to C-1, and the Council having conducted a public hearing with regard to this matter on December 14, 1966 pursuant to resolution #1064-66, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 66-7-1-19 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. N roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: Kleinert. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Nash, it was #44-67 RESOLVED, that having considered the report and recommendation dated September 29, 1966 from the City Planning Commission which sets forth its resolution #9-160-66 in regard to Petition 66-8-1-23 initiated by the Commission on its own motion, requesting to rezone property located on the west side of Deering Avenue, approximately 320 feet south of Eight Mile Road, being a portion of parcels 01B2 and 01C1 in Section 1, from RUF to "-2, and the Council having conducted a public hearing with regard to this matter on December 14, 1966 pursuant to resolution #1084-66, the Council 841, does hereby concur with the recommendation of the Planning Commission and the said Petition 66-8-1-23 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 fur- nish 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: Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was RESOLVED, that having considered the report and recommendation dated September 22, 1966 from the City Planning Commission which sets forth its resolution #9-144-66 in regard to Petition 66-6-1-15 submitted by Naldo Bucci for Rocwall Company requesting to rezone property located on the east side of Osmus Avenue approximately 175 feet north of Fargo Avenue in Section 3, from RUFA to M-L, and the Council having conducted a public hearing with regard to this matter on December 14, 1966 pursuant to resolution #1064-66, the Council does hereby refer this matter back to the City Planning Commission for a further report and recommendation relative to the overall plan anticipated for the development of this area. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Raymond and Milligan. NAYS : Kleinert, Ventura, Salvadore and Nash. The *Vice-President declared the resolution denied. *The President relinquished the Chair to the Vice-President at 9:35 P. M. to speak on the above motion. By Councilman Ventura, seconded by Councilman Salvadore, it was #45-67 RESOLVED, that having considered the report and recommendation dated September 22, 1966 from the City Planning Commission which sets forth its resolution #9-144-66 in regard to Petition 66-6-1-15 submitted by Naldo Bucci for Rocwall Company requesting to rezone property located on the east side of Osmus Avenue approximately 175 feet north of Fargo Avenue in Section 3, from RUFA to M-L, and the Council having conducted a public hearing with regard to this matter on December 14, 1966 pursuant to resolution #1064-66, the Council does hereby reject the recommendation of the Planning Commission and the said Petition #66-6-1-15 is hereby denied for the reason that the rezoning of the parcel included in this petition would not be consistent with the surrounding neighborhood. A roll call vote was taken on the foregoing resolution with the following result: 8414 AYES : Raymond, Ventura, Salvadore, Milligan and Nash. NAYS : Kleinert and McNamara. The Vice-President declared the resolttion adopted. *The President resumed the Chair at 9:45 P. M. By Councilman McNamara, seconded by Councilman Nash, it was #46-67 RESOLVED, that having considered the report and recommendation dated September 22, 1966 from the City Planning Commission which sets forth its resolution #9-145-66 in regard to Petition 66-6-1-16 submitted by Stanley B. Friedman for Borman Food Stores, Inc. , requesting to rezone property located on the west side of Deering, approximately 400 feet south of Eight Mile Road in Section 1 from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on December 14, 1966 pursuant to resolution #1064-66, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 66-6-1-16 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: Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #47-67 RESOLVED, that having considered a letter dated December 14, 1966 from the Planning Director which transmits the Master School and Park Plan - Part V, of the Master Plan of the City of Livonia, adopted on November 15, 1966 by City Planning Commission's resolution #11-173-66, the prior Master School and Park Plan having been repealed in City Planning Commission's resolution #11-172-66 adopted on November 15, 1966, the Council does hereby acknowledge receipt of the same. By Councilman McNamara, seconded by Councilman Raymond, and unanimously adopted, it was #48-67 RESOLVED, that the Department of Law is hereby requested to submit a report concerning the law applicable to the relinquishment of roads by the counties to local municipalities ; and further, the Council does hereby request State Senator George Kuhn and State Representative Louis E. Schmidt to support such legislation as may be necessary so as to make local municipalities approval mandatory prior to the relinquishment of roads by the counties to such local municipalities. 8415 By Councilman Kleinert, seconded by Councilman Salvadore, it was #49-67 RESOLVED, that having considered a communication dated December 15, 1966 from the Board of County Road Commissioners of the County of Wayne, Michigan, which transmits its resolution adopted on December 15, 1966 wherein jurisdiction over the following roads located in the City of Livonia were relinquished to the City: ROADS LIMITS Newburgh Road Joy to Plymouth Road West Chicago Road Inkster to Middle Belt Ann Arbor Trail south city limit to the west city limit the Council does hereby request that the Budget Director submit a report which would indicate the extent to which the City's gas and weight tax revenues would be increased by such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. At 9:55 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 Kleinert, seconded by Councilman Salvadore, and unanimously adopted, it was #50-67 RESOLVED, that having considered a letter from the President of the Livonia Housing Commission dated December 13, 1966 which transmits the commission's resolution #130-66 relative to a meeting to be arranged for the purpose of reviewing the subject of the formation of a private nonprofit corporation for constructing housing for the middle-income senior citizens, the Council does hereby request that the President of the Council contact the parties involved in arranging the said meeting at a date convenient to all parties concerned. By Councilman McNamara, seconded by Councilman Kleinert, it was #51-67 WHEREAS, CITY OF LIVONIA (herein called the "Applicant") after thorough consideration of the various aspects of the problem and study of available data has hereby determined that the construction of certain public works, generally described as Separation of sanitary and storm water from a combined sewer system. Sections 33, 34, 35 and 36 are served L by means of a combined sewer. In order to decrease and if possible, eliminate the pollution incidental to the combined sewer system it is the intention of the City of Livonia to separate the same. Inasmuch as this area is substantially built up, it is necessary that a complete survey and plan be made in order to determine the proper method for effectuating this program. The State of Michigan through its Department of Health and the 8416 County of Wayne through its Department of Health, have called our attention to the urgent necessity for accomplishing this improvement. The survey will consist of locating all storm water inlets and constructing a storm water interceptor system or a new sanitary sewer system in part or in whole. WHEREAS, under the terms of the Regulations issued by the Department of Housing and Urban Development (24CFR, Subtitle A, Part I) pursuant to Title VI of the Civil Rights Act of 1964 (P.L. 88-352), every application for Federal financial assistance shall contain or be accompanied by an Assurance of Compliance therewith: WHEREAS, under the terms of Public Law 560, 83rd Congress, as amended, the United States of America has authorized the making of advances to public bodies to aid in financing the cost of engineering and architectural surveys, designs, plans, working drawings, specifications or other action preliminary to and in preparation for the construction of public works, and WHEREAS, the applicant has examined and duly considered such act and the applicant considers it to be in the public interest and to its benefit to file an application under said act and to authorize other action in connection therewith; NOW, THEREFORE, BE IT RESOLVED BY the Council of the City of Livonia, the governing body of said applicant, as follows : 1. That the construction of said public works is essential to and is to the best interests of the applicant, and to the end that such public works may be provided as promptly as practicable it is desirable that action preliminary to the construction thereof be undertaken immediately; 2. That the Chief City Engineer be hereby authorized to file in behalf of the applicant an application (in form required by the United States and in conformity with said act) for an advance to be made by the United States to the applicant to aid in defraying the cost of plan preparation for the above described public works which shall consist generally of determining methods and preparing plans for the separation of storm and sanitary sewers in Sections 33, 34, 35 and 36 of the City of Livonia. 3. That if such advance be made, the applicant shall provide or make necessary arrangements to provide such funds, in addition to the advance, as may be required to defray the cost of the plan preparation of such public works; 4. The said Chief City Engineer is hereby authorized to furnish such information and take such action as may be necessary to enable the applicant to qualify for the advance, and he is hereby further authorized and directed to execute and file with the Department of Housing and Urban Development Form HUD-41901 (5-66) Assurance of Compliance with the Depart- ment of Housing and Urban Development Regulations under Title VI of the Civil Rights Act of 1964. 8417 5. That the officer designated in the preceding paragraph is hereby designated as the authorized representative of the applicant for the purpose of furnishing to the United States such information, data, and documents pertaining to the application for an advance as may be required; and otherwise to act as the authorized representative of the applicant in connection with this application. 6. That certified copies of this resolution be included as part of the application for an advance to be submitted to the United States. A roll call vote was taken on the above resolution with the following result: AYES: Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS : None. By Councilman McNamara, seconded by Councilman Salvadore, it was #52-67 RESOLVED, that having considered a letter from the Chief City Engineer dated December 12, 1966, approved by the Mayor and the Director of Public Works, the Council does hereby authorize payment to Daniel J. Horgan, 18280 Asbury Park, Detroit, Michigan, 48235, of an additional amount of $500.00 for his services as an appraiser in connection with the improvement of Farmington Road from Seven to Eight Mile Road, as per invoice attached to the aforesaid communication; further, this payment itoshall be made out of the proceeds of the $1,800,000.00 Highway Bond Issue, 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 above resolution with the following result: AYES: Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman Kleinert, it was #53-67 RESOLVED, that having considered a letter from the Chief City Engineer dated November 28, 1966 approved by the Mayor and the Director of Public Works, regarding a Detroit Edison pole line along the west and north boundary of the City's Disposal Site, Parcel 27A32b2, C-1, the Council does hereby authorize the Chief City Engineer to sign the permit form, copy attached to the aforesaid communication, in behalf. of the City, granting to the Detroit Edison Company and the Michigan Bell Telephone Company the right to construct the line facilities described therein; and further, that this grant shall be subject to approval as to form by the Department of Law. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Raymond, Nash, Salvadore and Ventura. NAYS: Milligan. The President declared the resolution adopted. 81+18 Councilman McNamara disqualified himself from voting on the foregoing resolution, and his vote was not recorded. By Councilman Nash, seconded by Councilman Salvadore, it was #54-67 RESOLVED, that having considered a letter dated December 19, 1966 from the Municipal Judge requesting an appropriation for the renovation and remodernization of the interior of the Municipal Court Building, the Council does hereby authorize the Director of Public Works and the Budget Director to do all things necessary for the taking of bids in accordance with the terms set forth in Ordinance 216, as amended, the Financial Ordinance, for having this work performed; futher, the Council does hereby appropriate a sum not to exceed $3000 for this purpose; and further, the Council does hereby, pursuant to the verbal report of the Municipal Judge, request that the budget be corrected to reflect an increase in the amount of $3,000 over and beyond what is presently anticipated as revenue by the imposition of fines and penalties in the Municipal Court. A roll call vote was taken on the foregoing resolution with the following result: AYES : McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS : Kleinert. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Kleinert, it was #55-67 RESOLVED that, K & L Development Company, 32510 Plymouth Road, Livonia, Michigan, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Judson Gardens Subdivision (formerly known as Philip Judson Gardens Subdivision) located in the N. 1/2 of Section 17, City of Livonia, the said proposed preliminary plat being dated October 17, 1963, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on July 2, 1963; and it further appearing that such preliminary plat, together with Develop- ment Plans and Specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated December 14, 1966; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Plat Ordinance, Ordinance No. 500, as amended, the subdivision regulations of the Planning Commission, the regulations and specifications of the Department of Public Works and the development plans submitted by the proprietor and approved by such Department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; 8419 (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid in the time and manner provided in the said Plat Ordinance, as amended; (3) That the installation of such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 7.03 of said Plat Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans; (5) That the following cash payments be made to the City. Trees $2,215.00 Future Traffic Control Signs 135.00 Review of plans, inspection and administration (3-1/2%before contingencies 7,838.95 Cash payment to be deposited in escrow with City for ditch maintenance for a period of one (1) year from the date of acceptance of ditch improvement 2,500.00 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive final approval of the City Planning Commission as evidence that such plat is in compliance with existing subdivision regulations, (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein and provided there has been compliance with all other requirements of the Plat Act, Plat Ordinance, and this resolution. (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements, the proprietor may file with the City of Livonia, surety bond, certified check, cash bond or other financial assurance in such form as may be approved by the Department of Law, guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances, the same shall be in the following amounts: General Improvement Bond $83,000.00 of which at least $8,300.00 shall be in cash iss to insure the installation of remaining improvements. Sidewalk Bond 14,000.00 of which at least $2,800.00 shall be in cash. 8420 (9) That to the extent necessary, resolutions #521-64 and #696-66 are hereby rescinded, modified, and changed, for the purpose of being consistent with the action taken herein; further, the extension on the proposed plat for the two-year period provided is on the express condition, however, that all provisions and requirements prescribed in and set forth in Ordinance 500, as amended, the Plat Ordinance, shall be deemed applicable to the proposed Judson Gardens Subdivision with the exception, however, that the plan review fee shall be established at 1/2 of 1% and the inspection fee at 3%; further, that this action shall not in any manner whatsoever be deemed to relieve the proprietor of any other conditions or requirements which might otherwise be affixed to the proposed plat. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman McNamara, it was #56-67 RESOLVED that, K & L Development Company, 32510 Plymouth Road, Livonia, Michigan, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Renwick Park Subdivision, located in the North 1/2 of Section 17, City of Livonia, the said proposed preliminary plat being dated October 17, 1963; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on July 2, 1963; and it further appearing that such preliminary plat, together with Development Plans and Specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated December 114, 1966; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions: (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Plat Ordinance, Ordinance No. 500, as amended; the subdivision regulations of the Planning Commission; the regulations and specifications of the Department of Public Works and the development plans submitted by the proprietor and approved by such Department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid in the time and manner provided in the said Plat Ordinance, as amended; (3) That the installation of such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 7.03 of said Plat Ordinance, as amended; 8421 (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans; (5) That the following cash payments be made to the City: Trees $532.84 Future Traffic Control Signs 24.75 Review of plans, inspection and 285.43 administration (3-1/2"0.efore contingencies) (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive final approval of the City Planning Commission as evidence that such plat is in compliance with existing subdivision regulations; (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein and provided there has been compliance with all other requirements of the Plat Act, Plat Ordinance, and this resolution. (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements, the proprietor may file with the City of Livonia, surety bond, certified check, cash bond or other financial assurance in such form as may be approved by the Department of Law, guaranteeing the satisfactory installation of all such improvements utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances, the same shall be in the following amounts: General Improvement Bond $5,700.00 of which at least $2,800.00 be in cash Sidewalk Bond 3,400.00 of which at least $2,00.00 be in cash (9) That to the extent necessary, resolutions #520-64 and #695-66 are hereby rescinded, modified, and changed, for the purpose of being consistent with the action taken herein; further, the extension on the proposed plat for the two-year period provided is on the express condition, however, that all provisions and requirements prescribed in and set forth in Ordinance 500, as amended, the Plat Ordinance, shall be deemed applicable to the proposed Renwick Park Subdivision with the exception, however, that the plan review fee shall be established at 1/2 of 1% and the inspection fee at 3%; further, that this action shall not in any manner whatsoever be deemed to relieve the proprietor of any other condi- tions or requirements which might otherwise be affixed to the proposed plat. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS : None. 8422 By Councilman Kleinert, seconded by Councilman McNamara, it was #57-67 RESOLVED, that having considered a letter from the City Clerk dated January 5, 1967 with regard to the City's False Arrest Insurance coverage, and a modification of the same, the Council does hereby concur in the recommendation made by the City Clerk, and the City Clerk and Budget Director are hereby authorized to allow the present Lloyds of London policy with regard to the False Arrest Insurance Coverage for members of the Police Department, the Mayor, and the Director of Public Safety, of the City, to expire and arrange to place in lieu thereof such protective coverage as a part of the General Comprehensive Liability policy presently carried by the City for the stated additional annual premium. A roll call vote on the foregoing resolution was taken with the following result: AYES: Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS : None. By Councilman Raymond, seconded by Councilman McNamara, and unanimously adopted, it was #58-67 RESOLVED, that the matter of the Systematic Housing Code Compliance Program, tabled on January 16, 1967, be taken from the table. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that pursuant to Chapter V, Section 5(1), the Mayor of the City of Livonia is hereby directed to cause the Building Inspection Department to hold in abeyance any and all inspections proposed under the Systematic Housing Code Compliance Program until such time as evidence has been provided to the City Council that the Systematic Housing Code Compliance Program is a requirement of the Federal Government. A roll call vote was taken on the foregoing resolution with the following result: AYES : Ventura. NAYS : Kleinert, McNamara, Raymond, Nash, Salvadore and Milligan. The Vice-President* declared the resolution denied. *The President of the Council relinquished the Chair to support the above resolution. By Councilman McNamara, seconded by Councilman Nash, and unanimously Irmadopted, it was #59-67 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. 8423 By Councilman McNamara, seconded by Councilman Salvadore, it was #60-67 RESOLVED, that having considered the petition received by the City Clerk January 11, 1967, submitted by Mr. Rheo C. Marchand, attorney at law, 1546 Penobscot Building, Detroit, Michigan, in behalf of his clients Mr. and Mrs. William A. Wilson, 30181 Greenland, Livonia, Michigan, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing Lot 78 of Livrance Estates Subdivision of part of the Northeast 1/4 of Section 14, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, into four parcels the legal descriptions of which shall read as follows: Parcel 1. The west 70 feet of the south 335.75 feet of Lot 78 of Livrance Estates Subdivision of part of the Northeast 1/4 of Section 14, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Parcel 2. The north 250 feet of the west 70 feet of Lot 78 of Livrance Estates Subdivision of part of the Northeast 1/4 of Section 14, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Parcel 3. The east 70 feet of the south 335.75 of Lot 78 of Livrance Estates Subdivision of part of the Northeast 1/4 of Section 14, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Parcel 4. The north 250 feet of the east 70 feet of Lot 767f Livrance Estates Subdivision of part of the Northeast 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: Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #61-67 RESOLVED, that having considered a letter from the State Highway Department, the Council requests that the State Highway Department consider participating with the City of Livonia as a joint venture in the relocation, re-establishment and enclosure of a drain along Schoolcraft Road extending from a point approximately 1350 feet west of Merriman Road westerly to Farmington Road, in the City of Livonia, Wayne County, Michigan, T. 1 S., R. 9 E. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. 8424 By Councilman Salvadore, seconded by Councilman Kleinert, and unanimously adopted, it was #62-67 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated December 29, 1966, submitted pursuant to CR-944-65, with respect to Opinion 65-30 from the Department of Law dated August 31, 1965 in connection with the question of taxation on commercial parking lots, the Council does hereby determine to take no action on this matter at this time and the same shall be merely received and placed on file for the information of the Council. By Councilman Salvadore, seconded by Councilman Kleinert, and unanimously adopted, it was #63-67 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated December 29, 1966, submitted pursuant to council resolution #646-66 regarding the purchase of commercial trucks for $1.00 which then would be leased by the City, the Council does hereby determine to take no further action with respect to this matter in view of the action taken in council resolution #1079-66 wherein the Council authorized modification of the aforesaid contract. By Councilman Salvadore, seconded by Councilman Kleinert, it was #64-67 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated December 29, 1966, submitted pursuant to council resolution #901-66, with respect to a proposed change in the 1966-67 Water Department Budget, Schedule E, Detail of Capital Outlay, the Council does hereby determine to authorize in the 1966-67 Water Department Budget, Schedule E, Detail of Capital Outlay, the deletion therefrom of the purchase of the electric typewriter presently specified in the amount of $369.00 and apply the same to the purchase of a filing cabinet in the amount of $499.15 in lieu of the presently authorized $425 as well as a special file in the amount of $245.44 in lieu of the presently estimated $100.00. A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS. None. By Councilman Salvadore, seconded by Councilman Kleinert, it was #65-67 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated December 29, 1966, submitted Imp pursuant to council resolution #961-66 with respect to a request by the Livonia Housing Commission for Council approval of the compensation rate to be paid to the part-time secretary of the Commission, the Council does hereby determine to approve the said part-time secretary's salary at the rate of $2.38 per hour. 8425 A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman Nash, it was #66-67 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated December 29, 1966, submitted pursuant to council resolution #968-66, with regard to the proposed air conditioning for the Engineering Division building, the Council does hereby authorize the transfer of $4,000 from the Reserve for Contingencies Acct. to the Civic Improvement Capital Outlay Acct. (#360) for this purpose; further, the Council does hereby request that the Director of Public Works prepare the necessary plans and specifications and together with the Budget Director do all things necessary to take bids for these purposes in accordance with the provisions set forth in Ordinance 216, as amended, the Financial Ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS : None. By Councilman Salvadore, seconded by Councilman Raymond, and unanimously adopted, it was #67-67 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated December 29, 1966, submitted pursuant to council resolution #969-66, with regard to the investment of municipal funds for Certificates of Deposit at local banking institutions, the Council does hereby refer this matter to the City Treasurer with the authorization that he do such things as he deems advantageous and proper in investing the City's funds in its best interests. By Councilman Salvadore, seconded by Councilman Kleinert, it was #68-67 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated December 29, 1966, submitted pursuant to council resolution #1115-66, with respect to a request made by the Livonia Youth Symphony, Inc., for the City's financial participation in the Society's Newsletter and the duplication of various reports, in the amount of $200.00, the Council does hereby refer this matter to the Department of Law for its report and recommendation concerning this as well as similar requests which are time to time made for financial support IN. by nongovernmental institutions. A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS : None. 8426 By Councilman Salvadore, seconded by Councilman McNamara, it was #69-67 RESOLVED, that having considered a communication dated October 28, 1966 transmitting an agreement dated September 27, 1966 between the City of Livonia and William P. Lindhout, Architect, 15420 Farmington Road, Livonia, Michigan, submitted pursuant to council resolution #827-66, which agreement has been executed by Mr. Lindhout, retaining the services of Mr. Lindhout in connection with the erection of a recreation center build- ing with an indoor artificial ice skating rink, and one outdoor artificial ice skating rink with a warming shelter, and the aforesaid agreement having also been approved by the Director of Public Works, the Director of Parks and Recreation, and the Chief City Engineer, and as to form by the Department of Law, the Council does hereby authorize the Mayor and City Clerk to execute the same as submitted; further, it is the understanding of the City Council that the payments to be made to the Architect, as compensation in accordance with the schedule set forth in Article 8 of the aforesaid agreement, will require subsequent approval by the City Council upon receipt of additional information in this regard from the Architect. A roll call Vote was taken on the foregoing resolution with the following result: AYES : Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman Kleinert, it was #70-67 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated December 29, 1966, submitted pursuant to council resolution #1206-66, regarding a letter dated October 24, 1966 from the Industrial Coordinator in connection with proposed advertising in the Sunday Real Estate Section of the Toledo Blade and Times, the Council does hereby authorize the Industrial Development Commission to proceed with a 4-time, two column by three inch advertising program in the Sunday Real Estate Section of the Toledo Blade and Times at a cost of $54.60 per insertion for a total sum expenditure of $218.40. A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS : None. By Councilman Milligan, seconded by Councilman Salvadore, it was #71-67 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated December 29, 1966, submitted pursuant to council resolution #1217-66, regarding a letter from the City Planning Commission in connection with the possible acquisition of Lots 87 and 89 of Garden Farms Subdivision, the Council does hereby determine to table this matter until such time as they have had an opportunity to review more fully the Flood Plain Study under the 701 Program. 8427 A roll call vote was taken on the foregoing resolution with the following result: L AYES : Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: None. Councilman Nash introduced the following Emergency Ordinance: AN ORDINANCE AMENDING SECTION 2.10 OF ARTICLE II, SECTIONS 9.02 and 9.03 OF ARTICLE IX, SECTIONS 10.02 and 10.03 OF ARTICLE X, SECTIONS 11.02 and 11.03 OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE". Pet. 66-6-6-10) The foregoing Ordinance is on file in the office of the City Clerk and is the same as if word for word repeated herein. A roll call vote was taken on the foregoing Ordinance with the following result: AYES : Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS : None. L The President declared the above Ordinance duly adopted and would become effective on publication. *Councilman Salvadore was excused at 12:11 A. M. for the balance of the meeting. By Councilman Kleinert, seconded by Councilman McNamara, it was #72-67 RESOLVED, that the Council does hereby amend Item 3 of council resolution #1290-66 adopted on December 19, 1966 so as to increase the rate of interest provided therein from "four percent (4%) per annum" to "six percent (6%) per annum" on the unpaid balance of the assessment to be charged in connection with Special Assessment Roll No. 43 (installa- tion of sidewalks on Lyndon Avenue from Sunset to Henry Ruff), and to the extent that all other prior resolutions are inconsistent with the action taken herein they are hereby modified and amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. LNAYS : None. The President relinquished the Chair at 12:12 A. M. to the Vice-President who thereupon presided for the remainder of the meeting. 8428 By Councilman Ventura, seconded by Councilman McNamara, and unanimously adopted, it was #73-67 RESOLVED, that the Council does hereby take this means to adopt as a policy the request that the Department of Public Works in connection with all major road improvements on the City's main thoroughfares, (mile roads, expressways, etc.) prior to making or authorizing any significant changes in design and/or location in the construction plans for such roads and structures with respect to the same (bridges, crossovers, etc. ), first submit such changes and plans to the City Council for its approval. By Councilman McNamara, seconded by Councilman Raymond, it was #74-67 RESOLVED, that the salary for the Director of Public Safety be re-established at $3600.00 per annum, payable monthly, to be effective as of December 1, 1966. A roll call vote was taken on the foregoing resolution with the following result: AYE : McNamara, Raymond, Ventura, Milligan and Nash. NAYS: Kleinert. The Vice-President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Milligan, it was RESOLVED, that the matter of the contract for the Chief City Engineer be taken from Committee. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that this 560th regular meeting of the Council of the City of Livonia be adjourned. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura and Nash. NAYS: Kleinert, McNamara and Milligan. The Vice-President declared the resolution defeated. On motion of Councilman McNamara, seconded by Councilman Ventura, and unanimously adopted, this 560th regular meeting of the Council of the City of Livonia was duly adjourned at 12:40 A. M., January 17, 1967. _3 ..141 ADDISON W. BACON, • t .