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HomeMy WebLinkAboutCOUNCIL MINUTES 1966-11-28 Page 8323 MINUTES OF THE FIVE HUNDRED FIFTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA LOn November 28, 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 8:30 P. M. Councilman Nash delivered the invocation. Roll was called with the following result: Peter A. Ventura, Rudolf R. Kleinert, Jerry Raymond, Robert F. Nash, Jack Salvadore, and Edward G. Milligan. Absent--Edward H. McNamara. Elected and appointed officials present: Addison W. Bacon, City Clerk; Virginia G. Handzlik, Deputy City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, first Assistant City Attorney; William J. Strasser, Chief City Engineer; James A. Jordan, Police Chief; Robert A. Shaw, Director of Public Works; John Dufour, Superintendent of Parks and Recreation; Victor Phillips, Budget Director; Dan Andrew, L.. Industrial Coordinator; David L. Jones, Water & Sewer Commissioner; Thomas Griffiths, Chief Accountant; Donald Nicholson, Director of Public Safety; David A. Perry, Assistant City Attorney; John Nagy, Assistant City Planner; Frank Kerby, Chief Build- ing Inspector; Calvin Roberts, Fire Chief; Henry G. Sieferd, City Assessor; Ronald L. Nisun, Constable. By Councilman Nash, seconded by Councilman Salvadore, and unanimously adopted, it was #1180-66 RESOLVED, that the minutes of the 555th regular meeting of the Council of the City of Livonia, held November 21, 1966, are hereby approved. By Councilman Kleinert, seconded by Councilman Salvadore, and unanimously adopted, it was #1181-66 RESOLVED, that the Council does hereby acknowledge receipt of the letter from the Mayor to Mr. Shaw dated November 28, 1966, wherein he commended the excellent work of the personnel of the Department of Public Works in repairing the water main break at Five Mile and Farmington Road 1m. on Thanksgiving Eve and further that the Council does hereby concur in said commendations. By Councilman Kleinert, seconded by Councilman Salvadore, it was Page 8324 #1182-66 RESOLVED, that having considered a letter from the Department of Law dated November 23, 1966, regarding an offer of an option to sell to The City certain property owned by Harry Pickitt and Wilma A. Pickitt, his L wife, and located in Section 6, and having considered the fact that the Planning Commission has removed the Park designation from these lands, the Council wishes to advise Harry Pickitt and Wilma A. Pickitt, owners of property identified as Parcel K-2 (10 acres) in Section 6, as well as Maurice P. Kenney and Hattie J. Kenney, owners of adjacent property (90 acres) in Section 6, that the City of Livonia does hereby indicate that it has no interest whatsoever in purchase of such properties, and wishes to hereby remove any holds or encumbrances placed on these prop- erties, and the Council does hereby waive any rights they may have under any options with regard to 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. *Councilman Milligan abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. An Ordinance Amending Section 23 of the Zoning Map of the City of Livonia and Amending Article III of Ordinance No. 543, As Amended, Known and Cited as the L "City of Livonia Zoning Ordinance," by Adding Section 3. Thereto, (Petition No. 65-10-1-37), introduced on November 21, 1966 by Councilman Kleinert, 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 effec- tive on publication. An Ordinance Vacating Portions of Street, Alley and Public Ground, (Petition No. 66-1-3-1), introduced on November 21, 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. L', The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. Page 8325 An Ordinance Amending Section 2.10 of Article II, Section 13.06 of Article XIII, Sections 18.38 and 18.45 of Article XVIII, and Amending Articles XV and XVI by Adding Thereto Sections 15.09 and 16.10, Respectively, of Ordinance No. 543, as Amended, of the City of Livonia, Known and Cited as the "City of Livonia Zoning Ordinance," (Petition No. 66-4-6-6), introduced on November 21, 1966, by Councilman Nash, 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 effec- tive on publication. An Ordinance Amending Section 11 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, (Petition No. 65-11-1-39), introduced on November 21, 1966, by Councilman Nash, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Nash, Salvadore, Milligan, Raymond, and Ventura. NAYS: Kleinert. The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. An Ordinance Amending Section 17 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, (Petition No. 65-8-1-24), introduced on November 21, 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 effec- tive on publication. Page 8326 By Councilman Kleinert, seconded by Councilman Salvadore, and unanimously adopted, it was #1183-66 RESOLVED, that having considered a letter from the City Planning Commission dated August 22, 1966 which transmits its resolution #8-127-66 adopted on August 9, 1966, with regard to Petition 66-6-2-13 submitted by Rev. Lyle Adams, President of Middlebelt Nursing Centre, Inc., requesting a waiver use permit to erect and operate a nursing center on parcels 24141a and 24W1b, located on the east side of Middlebelt Road approximately 1600 feet south of Five Mile Road in Section 24, wherein it is recommended that approval be granted conditioned upon and subject to architectural approval by the Planning Commission, the Council does hereby defer taking action with respect to the same until such time as the determination has been made with respect to the request in Petition 66-6-1-12 for a rezoning of the subject property from RUF to PS. By Councilman Kleinert, seconded by Councilman Milligan, it was #1184-66 RESOLVED, that having considered the report and recommendation dated August 22, 1966 from the City Planning Commission which sets forth its resolution #8-126-66 in regard to Petition 66-6-1-12 submitted by Rev. Lyle Adams, President of Middlebelt Nursing Centre, Inc., requesting to rezone property located on the east side of Middlebelt Road approxi- mately 1600 feet south of Five Mile Road in the N. W. 1/4 of Section 24, from RUF to PS, and the Council having conducted a public hearing with regard to this matter on October 26, 1966 pursuant to its resolution #938-66, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 66-6-1-12 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: Salvadore, Milligan, Kleinert, Raymond, and Ventura. NAYS: Nash. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #1185-66 RESOLVED, that the matter of Petition 66-6-1-13 submitted by Harry B. Wright, requesting to rezone property on the east side of Melvin between Seven Mile and Clarita, from R1A to C-2 and R-7, be tabled until the next regular meeting of the Council. By Councilman Milligan, seconded by Councilman Nash, it was #1186-66 RESOLVED, that having considered the report and recommendation dated August 22, 1966 from the City Planning Commission which sets forth its resolution #8-132-66 in regard to Petition 66-5-1-11 initiated by the Page 8327 City Planning Commission on its own motion for a change of zoning of property located on the east side of Farmington Road approximately 850 feet south of Schoolcraft Road in the N. W. 1/4 of Section 27, from RUF to M-1, and the Council having conducted a public hearing with regard to this matter on October 26, 1966 pursuant to its resolution #938-66, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition #66-5-1-11 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, Raymond, and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #1187-66 RESOLVED, that having considered the report and recommendation dated May 23, 1966, from the City Planning Commission which sets forth its resolution #5-87-66 in regard to Petition 66-3-6-5 submitted by the City Planning Commission, pursuant to council resolution #1161-65, to determine whether or not to amend Ordinance No. 543, the Zoning Ordinance, by obviating the necessity presently provided for City Council approval on requests made for grants of waivers, and the Council having conducted a public hearing with regard to this matter on October 12, 1966, pursuant to resolution #883-66, the Council does hereby reject the recommendation of the Planning Commission and Petition 66-3-6-5 is hereby denied for the reason that the Council considers the approval of such waiver uses to be Legislative in nature and not subject to delegation. By Councilman Milligan, seconded by Councilman Salvadore, and unanimously adopted, it was #1188-66 RESOLVED, that having considered the report and recommendation dated June 14, 1966 from the City Planning Commission which sets forth its resolution No. 5-93-66 in regard to Petition 66-4-6-8, submitted by the City Planning Commission on its own motion to determine whether or not to amend Ordinance No. 543, the Zoning Ordinance, as amended, so as to add thereto a new article XXVI which would establish R-8 Districts and which would regulate the construction of multiple dwellings which are three stories in height, and the Council having conducted a public hearing with regard to this matter on October 12, 1966, pursuant to resolution #883-66, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 66-4-6-8 is hereby approved and granted; and the Department of Law is hereby requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. By Councilman Salvadore, seconded by Councilman Milligan, and unanimously adopted, it was Page 8328 #1189-66 RESOLVED, that having considered the report and recommendation dated June 14, 1966 from the City Planning Commission which sets forth its resolution No. 5-92-66 in regard to Petition 66-4-6-7, submitted by the City Planning Commission on its own motion to determine whether or not to amend Ordinance No. 543, the Zoning Ordinance, as amended, so as to create a P. 0. District pertaining to regulation of professional office buildings over three stories in height, and the Council having conducted a public hearing with regard to this matter on October 12, 1966, pursuant to resolution #883-66, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 66-4-6-7 is hereby approved and granted; and the Department of Law is hereby requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. Councilman Milligan introduced the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING ARTICLE XXVIII THERETO. (Pet. 66-5-6-9) 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 Kleinert, seconded by Councilman Nash, it was RESOLVED, that having considered a letter from the Personnel Director dated October 14, 1966, approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on October 4, 1966, submitted pursuant to council resolution #874-66, wherein it is recommended that a proposed attorney's position be established in the Legal Department for the purpose of acquiring land for parks and recreational purposes under the General Obligation Park Bond Issue, such position to be classified at the level of Assistant City Attorney III at the appropriate rate with a minimum of $10,337.00 and a maximum of $12,105.00 the Council does hereby approve and concur in the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, and Kleinert. NAYS: Milligan, Raymond, and Ventura. The President declared the resolution denied. By Councilman Milligan, seconded by Councilman Ventura, it was #1190-66 RESOLVED, that having considered a letter from the Personnel Director dated October 14, 1966, approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on October 4, 1966, submitted pursuant to council resolution #874-66, wherein it is recommended that a proposed attorney's position be established in the Legal Department for the purpose of acquiring land for parks and Page 8329 recreational purposes, such position to be classified at the level of Assistant City Attorney II at Salary Grade 158, with a minimum of $9,235.00 and a maximum of $10,857.00, the salary range for this classification to be as follows and to be effective December 1, 1966. Minimum Step 2 Step 3 Step 4 Maximum $10,025.00 $10,441.00 $10,857.00 $11,273.00 $11,731.00 and further the Council does hereby approve and concur in the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Raymond, Ventura, and Nash. NAYS: Salvadore and Kleinert. The Vice-President declared the resolution adopted. *The President relinquished the chair to the Vice-President to support the above resolution. By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #1191-66 RESOLVED, that having considered a letter from the Personnel Director dated October 14, 1966, approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on October 11, 1966, wherein it is recommended that the position of Chief City Engineer be established in the Classified Service at the salary grade of 192, and commencing from February 1, 1967, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation. By Councilman Salvadore, seconded by Councilman Nash, it was #1192-66 RESOLVED, that having considered a letter dated September 27, 1966 from the City Planning Commission which transmits its resolution No. 9-159-66 with regard to Petition 66-7-3-10 submitted by John F. Dooley, attorney for Mr. and Mrs. John A. Liptak, for a vacation of the westerly 440 feet of the 10-foot easement on Lot 13 of Winfield Estates Subdivision in the Northwest 1/4 of Section 9, T. 1 S., R. 9 E.) City of Livonia, Wayne County, Michigan, the Council does hereby grant the said petition as modified by the aforesaid resolution and Petition 66-7-3-10 as modified is hereby approved and subject to the following conditions: 1. that an easement be granted to the City of Livonia for the lands herein described: The north 10 feet of Lot No. 13, Winfield Estates Subdivision, as recorded in Liber 69, page 28 of the Wayne County Records, said subdivision being a part of the N. W. 1/4 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. 2. that the new easement be granted and the storm drainage be re- located into and through the new easement prior to disrupting the drainage which flows through the existing 10" storm sewer; Page 8330 3. that all relocation work meet the requirements of the Engineering Division; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with 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 Kleinert, seconded by Councilman Nash, it was #1193-66 RESOLVED, that having considered a letter from the City Clerk dated October 27, 1966 which transmits a letter dated October 24, 1966 from the Wayne County Department of Health in connection with the require- ments prescribed by Act 87 of the P. A. of 1965, as amended, the Solid Waste Disposal Statute, wherein it is required that the City make an application for a license to operate a disposal site and submit a per- formance bond for the same, the Council does hereby authorize the City Clerk to file such application for a license as well as execute the per- formance bond with respect to the same in the form herein submitted, it being the understanding of the Council that such application and form may be filed at no cost to the City. 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 communication dated October 27, 1966 from the Department of Law setting forth a procedure for adoption of a uniform city income tax was received and filed for the information of the Council. By Councilman Kleinert, seconded by Councilman Raymond, it was #1194-66 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated September 26, 1966 and the report and recommendation of the Mayor dated October 11, 1966, submitted as Acting Director of Public Safety, in connection therewith, the Council does hereby approve of the request from Consolidated Foods Corporation to establish a new S. D. M. licensed business at the location of 37454 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, Milligan, Kleinert, and Raymond. NAYS: Nash and Ventura. The President declared the resolution adopted. Page 8331 By Councilman Kleinert, seconded by Councilman Milligan, it was #1195-66 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated September 26, 1966, and the report and recommendation of the Mayor dated October 10, 1966 submitted as Acting Director of Public Safety, in connection therewith, the Council does hereby approve of the request from Consolidated Foods Corporation to establish a new S. D. M. licensed business at the location of 31221 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, Milligan, Kleinert, Raymond, and Ventura. NAYS: Nash. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Nash, it was #1196-66 RESOLVED, that Petition #66-2-6-3, to amend Ordinance No. 543 by adding Section 18.53 (Illegal Parking of Motor Vehicles), be referred to the Legislative Committee. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, and Ventura. NAYS: Kleinert and Raymond. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Milligan, and unanimously adopted, it was #1197-66 RESOLVED, that Opinion No. 66-24, dated October 14, 1966 sub- mitted by the Department of Law, pursuant to council resolution 253-66 and 356-66, regarding the Council's power to reduce taxes and proposed amendment to lease between Light-Weight Aggregate Corporation and the City of Livonia be referred to the Legislative Committee and a copy of Opinion No. 66-24 be sent to the Light-Weight Aggregate Corporation. At 10:22 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 Nash, seconded by Councilman Milligan, it was #1198-66 RESOLVED, that having considered a letter from the Department of Law dated October 28, 1966, submitted pursuant to council resolution 827-66, which transmits a proposed contract for the employment of the firm of William P. Lindhout, Architect, for the purpose of preparing plans and specifications for two artificial ice skating rinks and warming shelters, Page 8332 the Council does hereby refer the same to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, and Ventura. NAYS: Raymond. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Nash, it was #1199-66 RESOLVED that, Gordon-Begin Co., 800 W. Thirteen Mile, Madison Heights, Michigan 48071, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: LOU-HAR SUBDIVISION, located in the S. E. 1/4 of Section 23, City of Livonia, the said proposed preliminary plat being dated September 9, 1965; 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 September 21, 1965; 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 October 12, 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 con- structed, 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 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 $1,068.00 Traffic Control Signs 63.00 Review of Plans, Inspection and 5,360.00 Administration (5% before contingencies) Page 8333 (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 sub- division 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 Depart- ment of Law, guaranteeing the satisfactory installation of all such im- provements, 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 - $112,000.00, of which at least $10,000.00 shall be in cash. Sidewalk Bond - $6,000.00, of which at least $1,800.00 shall be in cash. 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 Kleinert, it was #1200-66 RESOLVED, that having considered the report and recommendation dated October 18, 1966 from the Chief City Engineer approved by the Director of Public Works and approved for submission by the Mayor, con- cerning sidewalk construction at the east end of Sleepy Hollow Drive (Lot 10) in the Sleepy Hollow Estates Subdivision, and for the reasons therein stated, the Council does hereby require the respective owners of lots and premises therein referred to, to construct, rebuild or repair sidewalks in front of, adjacent to and abutting such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Ordinance No. )016, Article 5, Section 5.5 of the ordinances of the City of Livonia, and further, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work on or before June 30, 1967. 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, it was #1201-66 RESOLVED, that having considered the report and recommendation dated October 21, 1966 from the Chief City Engineer approved by the Page 8334 Director of Public Works and approved for submission by the Mayor, con- cerning sidewalk construction along Ann Arbor Trail and Marie adjacent to Lot 51 of Ann Arbor Trail Subdivision No. 1, and in front of Lot 223 of Ann Arbor Trail Subdivision No. 2, and for the reasons stated therein, the Council does hereby require the respective owners of lots and premises therein referred to, to construct, rebuild or repair sidewalks in front of, adjacent to and abutting such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Ordinance No. 446, Article 5, Section 5.5 of the ordinances of the City of Livonia, and further, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work on or before June 30, 1967. 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 #1202-66 RESOLVED, that having considered a letter from the Chief City Engineer approved by the Director of Public Works, dated October 18, 1966, and approved for submission by the Mayor, wherein it is recommended that the material which has been accumulated at and which forms a hill on the Jefferson School park site be removed and possibly utilized at the Cityts disposal site as cover material, the Council does hereby request that the Director of Public Works and the Budget Director do all things necessary for the purpose of obtaining bids and performing the work enumerated, in accordance with the provisions set forth in the Financial Ordinance, Ordinance 216 as amended. 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 Salvadore, and unanimously adopted, it was #1203-66 RESOLVED, that having considered a letter dated October 10, 1966 from John V. Cannon, 36025 Ann Arbor Trail, Livonia, wherein Mr. Cannon, as the new owner of the property located at 36025 Ann Arbor Trail, indi- cates his objection to the extension of a sanitary sewer to such property as previously approved by the Council in its resolution #876-66, the Council does hereby refer this matter to the Water and Sewer Board for its report and recommendation. By Councilman Kleinert, seconded by Councilman Raymond, it was #1204-66 RESOLVED, that having considered a letter from the Chairman of the Municipal Building Authority of Livonia dated October 5, 1966, approved by the Municipal Judge, and approved for submission by the Mayor, with regard to an advance appropriation for the purpose of providing sufficient funds in order to obtain studies and plans for the proposed construction of municipal buildings in the Civic Center, the Council does Page 8335 hereby authorize the expenditure of $15,000 from the General Fund for this purpose; provided, however, that such funds as may be expended from this account shall be reimbursed to the General Fund at such time as monies become available from the issuance and sale of bonds by the Municipal Building Authority of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, and Raymond. NAYS: Ventura. The President declared the resolution adopted. By Councilman Salvadore, seconded by Councilman Milligan, it was #1205-66 RESOLVED, that having considered a letter from the Industrial Coordinator of the Industrial Development Commission, approved by the Chairman, and approved for submission by the Mayor, with regard to the renewal of the Detroit News Advertising Contract in the Sunday Industrial. Real. Estate Section of the Detroit News, the Council does hereby authorize the renewal of said advertising. 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 Salvadore, it was #1206-66 RESOLVED, that having considered a letter from the Industrial Coordinator dated October 24, 1966, approved by the Mayor and Chairman of the Industrial Development Commission, regarding proposed advertising in the Sunday Real Estate Section of the Toledo Blade and Times, the Council does hereby refer this matter to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, and Ventura. NAYS: Kleinert and Raymond. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Kleinert, it was #1207-66 RESOLVED, that having considered a letter addressed to the City Clerk from Mr. Donald R. Kring, Secretary of the Board of Wayne County Road Commissioners dated October 24, 1966, submitted pursuant to a request made in council resolution #948-66, by which letter it is indicated that the Board of Wayne County Road Commissioners will enter into a tri-party agreement with the City of Livonia and the Michigan State Highway Com- mission for the financing and construction of I-96 within the City of Livonia, but that the City's request that the Board participate in the cost of improving Plymouth Road (M-14) from Inkster Road to Ann Arbor Road Page 8336 is denied, the Council does hereby refer this matter to the Department of Law for the preparation of a proposed contract to be entered into between the Michigan State Highway Commission, the Board of County Road Com- missioners for the County of Wayne, Michigan, and the City of Livonia for the purpose of fixing the rights and obligations of the parties in agree- ing to construct that part of the I-96 Highway as well as M-14 within the corporate limits of the City, such contract to be prepared in a manner consistent with the aforesaid position indicated by the Board of Wayne County Road Commissioners and such contract to be submitted upon the preparation of the same to the City Council for its approval. 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 Kleinert, it was #1208-66 RESOLVED, that having considered a letter from the Industrial Coordinator dated October 19, 1966, approved by the Mayor and submitted pursuant to council resolution #960-66, which is in regard to the waiver of a $300.00 charge for the permanent easement necessary for the Farmington Road Sanitary Sewer Extension to the Awrey Bakery property by the Chesa- peake & Ohio Railway Company, the Council does hereby take this means to indicate its approval and concurrence in the alternate arrangement sub- mitted in the aforesaid communication whereby a license agreement would be entered into by and between the City of Livonia and the Chesapeake & Ohio Railroad, such proposed agreement upon preparation to be submitted to the City Council for its approval. 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 Kleinert, it was #1209-66 RESOLVED, that having considered a letter from the Chairman of the Water and Sewer Board dated October 24, 1966, approved by the Mayor, and which transmits Water and Sewer resolution No. 858 10/66, which is in connection with a letter from the Superintendent of Operations dated October 6, 1966 and wherein it is recommended that the City purchase a Tilting Type Trailer with a 14,000 pound capacity for the purpose of transporting the City's new Tractor Backhoe, the Council does hereby authorize the Director of Public Works and the Budget Director to do all things necessary for the purpose of taking bids for the purchase of such a trailer in accordance with the provisions of Ordinance No. 216, as amended, the Financial Ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, Milligan, Kleinert, Raymond, and Ventura. NAYS: None. Page 8337 By Councilman Salvadore, seconded by Councilman Kleinert, and unanimously adopted, it was #1210-66 RESOLVED, that having considered a letter from the Chairman of the Parks and Recreation Commission dated October 28, 1966, approved by the Mayor, wherein it is requested that the Council do all things necessary to earmark and place into a special fund for parks and recreation develop- ment and operation such funds as may be derived from revenues of the City's various recreational activities, the Council does hereby refer the same to the Committee of the Whole for its consideration. By Councilman Milligan, seconded by Councilman Salvadore, and unanimously adopted, it was #1211-66 RESOLVED, that having considered a letter from the Chairman of the Parks and Recreation Commission dated October 28, 1966, approved by the Mayor, wherein it is requested that the sum of $291,600.00, together with interest, be placed in a Parks and Recreation Development Fund for the reason that such sum has been required to be expended from the monies which were made available by the 4.4 million dollar bond issue in order to complete payment on the purchase of certain properties being acquired by the City on land contract, the Council does hereby refer the same to the Committee of the Whole for its consideration. The communication from the Chairman of the Parks and Recreation Commission dated October 28, 1966, regarding the Parks Coordinator was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #1212-66 RESOLVED, that having considered a letter from Mr. C. D. York, General Manager of Ford Motor Company Transmission and Chassis Division, Livonia, Michigan dated October 27, 1966, wherein it is indicated that the Ford Motor Company is very desirous of expediting such plans as the City may have for the widening of Levan Road between Plymouth and Schoolcraft Roads, the Council does hereby refer the same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Salvadore, seconded by Councilman Nash, and unanimously adopted, it was #1213-66 RESOLVED, that having considered a letter from Frank C. Glabach, Attorney, 25525 Coolidge, Oak Park, Michigan, dated November 2, 1966, submitted in behalf of his client the Unity of West Suburbia, wherein it is indicated that the said church desires to purchase certain parcels of property from the City of Livonia which are described as Tax Items EE1B and HHlb, the Council does hereby refer this matter to the Department of Law for a report and recommendation setting forth the status of such property, the intended use, and such other ramifications as may be perti- nent with regard to the same. Page 8338 By Councilman Milligan, seconded by Councilman Salvadore, it was #1214-66 RESOLVED, that having considered a letter from the Chief City Engineer dated November 5, 1966, approved by the Mayor and Director of Public Works, submitted pursuant to council resolution #802-66, in con- nection with the estimated cost of blacktopping Newburgh Road for a dis- tance of 150 feet north and south of Five Mile Road, the Council does hereby request that the Director of Public Works together with the Budget Director do all things necessary for the taking of bids for the improve- ment of such road in the manner set forth in the aforesaid communication in accordance with the provisions set forth in Ordinance No. 216, as amended, the Financial Ordinance. 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 Milligan, it was #1215-66 RESOLVED, that having considered a letter from the Chief City Engineer dated November 4, 1966, approved by the Mayor and Director of Public Works, which transmits an invoice from the Office of the Wayne County Drain Commissioner, indicating that certain charges are due and owing in connection with the cleanout and maintenance on various drains servicing drainage districts within the City of Livonia, the Council does hereby authorize the payment of $733.16 to be made to Mr. Louis H. Funk, Wayne County Treasurer, 222 City-County Building, Detroit, Michigan 48226 and, for this purpose, the sum of $733.16 is hereby transferred from Unappropriated Surplus to Acct. No. 360 (Civic Improvement) from the 1965-66 Budget; 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 Milligan, seconded by Councilman Nash, and unanimously adopted, it was #1216-66 RESOLVED, that having considered a letter from the City Planning Commission dated November 8, 1966, submitted pursuant to council resolution #1200-65, and which transmits a proposed draft of an amendment to the Zoning Ordinance, Ordinance No. 543, as amended, so as to provide therein provisions which would permit interrelated community center areas, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #1217-66 RESOLVED, that having considered a letter from the City Planning Commission dated November 8, 1966, submitted pursuant to council resolution Page 8339 #858-66, regarding the possible acquisition of Lots 87 and 89 of Garden Farms Subdivision, particularly as they relate to preserving flood plain lands in the area, the Council does hereby refer the same to the Finance and Insurance Committee for its report and recommendation. By Councilman Salvadore, seconded by Councilman Kleinert, and unanimously adopted, it was #1218-66 RESOLVED, that having considered a letter addressed to the Chief of Police from Mr. Charles T. Art, Director of Training for Police K-9 School, dated November 7, 1966, with regard to the purchase of three (3) German Shepherd dogs, the equipment to be used for such dogs, and the expenses involved in maintaining the same (food and veterinarian bills), such dogs to be used by the Police Department, the Council does hereby determine not to acquire such dogs (equipment and maintenance) at this time. By Councilman Kleinert, seconded by Councilman Raymond, it was #1219-66 RESOLVED, that having considered a letter from the Chief City Engineer dated November 14, 1966, approved by the Mayor and Director of Public Works, wherein it is recommended that an underdrain be constructed from the catch basin located at the rear of Lots 81 and 82 of Lyndon Meadows Subdivision thence westerly for a distance of approximately 300 feet, such work to be done by a private contractor at the expense of the property owners and the Engineering Division to provide necessary stakes and such advice and consultation as the property owners may require, the Council does hereby take this means to approve and concur in such arrange- ment and does further request that the Engineering Division do all things necessary to assist the property owners in this regard; and further the Council does hereby rescind, based upon the action taken herein, resolu- tion nos. 1050-65, 270-66, 160-66, 677-66, 844-66 and 101 .-66. 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 Kleinert, it was #1220-66 RESOLVED, that having considered a communication dated November 15, 1966 from the City Planning Commission, which transmits its resolution #11-163-66 adopted by the Commission on November 1, 1966, with regard to Petition 66-10-2-19 submitted by Harper Cunningham requesting permission to construct and operate a Class C liquor license cocktail lounge as a waiver use on that portion of Parcel 32J owned by petitioner and zoned C-2, located on the south side of Plymouth Road approximately 660 feet east of Levan Road in Section 32, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 66-10-2-19 is hereby approved and granted; subject to, however, and conditioned upon architectural approval 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. Page 830 By Councilman Salvadore, seconded by Councilman Kleinert, it was RESOLVED, that having considered a letter from Mr. Ronald L. Nisun, Constable, dated October 15, 1966, wherein it is requested that the Council authorize the payment of fees for the service of warrants issued by the Municipal Court, by the constables, the Council does hereby deny the request at this time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Salvadore, and Kleinert. NAYS: Milligan, Raymond, and Ventura. The President declared the resolution denied. By Councilman Raymond, seconded by Councilman Milligan, it was #1221-66 RESOLVED, that having considered a letter from Mr. Ronald L. Nisun, Constable, dated October 15, 1966, wherein it is requested that the Council authorize the payment of fees for the service of warrants issued by the Municipal Court, by the constables, the Council does hereby refer the same to the Municipal Judge and the Chief of Police 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 Nash, seconded by Councilman Raymond, and unanimously adopted, it was #1222-66 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit con- sideration of several items that do not appear on the agenda. *The President relinquished the Chair to the Vice-President at 11:54 P. M. who thereupon presided for the balance of the meeting. The following resolution was unanimously introduced, supported and adopted: #1223-66 RESOLVED that the City of Livonia City Council does hereby go on record as indicating their support of St. Mary Hospital in expanding their facilities to 100 beds plus related facilities. The City of Livonia City Council believes it is in the best interest of the City to have ade- quate hospital facilities to serve the needs of our ever increasing popula- tion. Livonia is well on its way to a population of at least 170,000 people. We are also a City with a tremendous working force who have a great need for medical facilities. Page 8341 By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #1221 -66 RESOLVED, that the Council does hereby determine that for the protection of the public health, safety, and welfare of the citizens of Livonia, as well as in view of the planned expansion of St. Mary Hospital, the Northwest Study as submitted by the Planning Commission, and the exist- ing traffic congestion in the area, that a moratorium be declared on issuance of building permits for new commercial construction between Levan Road on the East to Williams Street on the West on Five Mile Road, and the Planning Commission and Traffic Commission are hereby requested to make studies and review of the existing zoning and traffic situation, and report their findings back to the City Council, and the Mayor is hereby requested to do all things necessary to implement the intention of this resolution. By Councilman Milligan, seconded by Councilman Salvadore, and unanimously adopted, it was #1225-66 RESOLVED, that the Department of Law investigate and report their findings on the City of Livonia obtaining assistance from the Federal Government on the boulevarding and beautification of Five Mile Road from Inkster to Haggerty. Such assistance may be available under recent alloca- tions earmarked for the beautification of cities. On motion of Councilman Salvadore, seconded by Councilman Ventura, and unanimously adopted, this 556th regular meeting of the Council of the City of Livonia was duly adjourned at 12:22 A. M., November 29, 1966. ADDISON W. BACO C. y C erk