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HomeMy WebLinkAboutCOUNCIL MINUTES 1966-08-29 Page 810L1. MINUTES OF THE FIVE HUNDRED FORTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 29, 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 8:23 P. M. Councilman Milligan delivered the invocation. Roll was called with the following result: Present--Peter A. Ventura, Rudolf R. Kleinert, Edward H. McNamara, Jerry Raymond, Robert F. Nash, Jack Salvadore and Edward G. Milligan. Absent--none. Elected and appointed officials present: Addison W. Bacon, City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, first Assistant City Attorney; David A. Perry, Assistant City Attorney; Robert F. Shaw, Director of Public Works; William J. Strasser, City Engineer; Don Hull, City Planner, Thomas J. Griffiths, Jr., Chief Accountant, Victor C. Phillips, Budget Director; Henry G. Sieferd, City Assessor; John Dufour, Superintendent of Parks and Recreation; David L. Jones, Water and Sewer Commissioner; G. E. Siemert, Asst. Engineer; Carl E. Demek, Superintendent, Operations Division; Richard Jones, Asst. Superintendent of Operations Division; James L. Miller, Personnel Director; and Francis Bouffard, Zoning Board of Appeals. By Councilman Milligan, seconded by Councilman McNamara, and unanimously adopted, it was #829-66 RESOLVED, that the minutes of the 546th regular meeting of the Council of the City of Livonia, held August 15, 1966, are hereby approved. The following preamble and resolution were offered by Councilman McNamara and supported by Councilman Kleinert: #830-66 WHEREAS, the City of Livonia has entered into various land contracts, as described in Exhibit A attached hereto and made a part here- of, all for the acquisition of land for public park and recreational purposes; AND WHEREAS, the City Council did, on April 27, 1966, adopt a resolution authorizing the issuance of $4,400,000.00 General Obligation Park and Recreational Facilities Bonds pursuant to approving vote of a majority of the electors of the City at an election held on April 4, 1966, a portion of the proceeds of sale of which bond issue is to be used to acquire land for public park and recreational purposes; Page 8105 AND WHEREAS, the City Council is of the opinion that the afore- said land contracts should be paid in full from a portion of the proceeds of sale of the aforesaid bonds, it being anticipated that said bond issue will provide sufficient funds for such purpose; AND WHEREAS, all conditions precedent to the full payment of such land contracts have been met and said land contracts may be paid in full by the City at any time; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The aforesaid land contracts as described in the preamble hereto shall be paid in full from the proceeds of sale of the aforesaid General Obligation Park and Recreational Facilities Bonds as promptly as possible after receipt by the City of said proceeds of sale. 2. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond and Salvadore. NAYS: Nash and Ventura. The President declared the resolution adopted. EXHIBIT "A" Description Total of Indebtedness Contract Known As Date Authorized Outstanding 1. Part of Castle Gardens )4-5-63 $ 11,032.50 $ 3,532.5 N. W.l/4 of Parksite Sec. 19 2. Part of Elm Park Parksite 4-5-63 4,320.00 1,728.00 S.E. 1/4 of Sec. 25 3. Part of Schanhite Marquette 4-5-63 10,260.00 4,104.00 S.E. 1/4 of Parksite Sec. 25 4. Part of Recreation Area 8-12-64 429,034.40 343,227.52 N.W. 1/4 of Sec. 5 TOTAL CONTRACTS - AUTHORIZED $454,646.90 - OUTSTANDING $352,592.02 *The President relinquished the Chair to the Vice-President at 8:45 P. M., to offer the following resolution. Page 8106 By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #831-66 RESOLVED, that Chief Jordan, Chief of the City of Livonia Police Department, be requested to answer the letter dated August 26, 1966, from the President of the Council. *The President resumed the Chair at 9:05 P. M. The following resolution was unanimously introduced, supported and adopted: #832-66 WHEREAS, the United States of America is currently engaged in a military conflict in Vietnam; and WHEREAS, United States servicemen are currently making a supreme sacrifice in Vietnam; and WHEREAS, the City of Livonia has given of its sons and daughters in military service, many of whom are currently engaged directly in this conflict; and WHEREAS, we are about to celebrate a national holiday; and WHEREAS, to focus attention on the sacrifice being made by our young servicemen, NOW, THEREFORE, WE, THE COUNCIL OF THE CITY OF LIVONIA, do hereby urge all citizens and organizations throughout the city to display the American Flag over the entire Labor Day weekend as evidence of our support of our American servicemen. By Councilman McNamara, seconded by Councilman Raymond, it was #833-66 RESOLVED, that having considered a letter from Mr. D. M. Burns dated July 9, 1966, wherein he has made inquiry relative to the status of the City's plans for providing trunk line sanitary sewers and storm sewers in Section 9, as well as having considered letters dated August 15, 1966 from the Mayor and from the Chief City Engineer, approved by the Mayor and Director of Public Works, which were submitted pursuant to council resolution nos. 204-66 and 590-66, and which pertain to prior requests made for the construction of certain sanitary sewer trunk line extensions north of Six Mile Road in Sections 7, 8 and 9, the Council does hereby determine, in accordance with the recommendations made by the Mayor and Chief City Engineer, to take no further action at this time on the requests made by Mr. Burns and others for such sanitary sewer construction, for the reason that the same appears to be presently impracticable. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman McNamara, it was #834-66 RESOLVED, that having considered a letter from the City Clerk dated July 27, 1966, which transmits two proposed contracts submitted by Page 8107 the firm of Lybrand, Ross Bros. & Montgomery for auditing services to be rendered to the City of Livonia for the current fiscal year (City agree- ment and Water & Sewer Division agreement), the Council does hereby refer the same to the Finance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman Milligan, and unanimously adopted, it was #835-66 RESOLVED, that having considered the report and recommendation dated May 23, 1966 from the City Planning Commission which sets forth its resolution #5-82-66 in regard to Petition No. 66-4-1-8 submitted by Irving Allain for a change of zoning on the north side of Fargo Avenue, approximately 305 feet east of Merriman, in Section 2 from RUFA to R-5, and the Council having conducted a public hearing with regard to this matter on July 27, 1966 pursuant to resolution #622-66, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 66-4-1-8 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. By Councilman McNamara, seconded by Councilman Milligan, it was #836-66 RESOLVED, that having considered the report and recommendation of the Director of Public Safety dated August 12, 1966, approved by the Mayor and Budget Director, the Council does hereby accept the bid of General. Electric Company, 17220 W. Eight Mile Road, Southfield, Michigan for supplying the City with one FM Base Radio Station for the price of $1800 such having been in fact the lowest bid received meeting specifica- tions for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman Salvadore, it was #837-66 RESOLVED, that having considered the report and recommendation of the Budget Director received by the City Clerk on July 29, 1966, regarding the purchase of quantities of gasoline in cooperation with the Livonia Public Schools Systems, the Council does hereby accept the bid of Gulf Oil Corporation, 16925 W. Eight Mile Road, Detroit, Michigan 48235, under Proposal "B" for supplying the City with regular grade gasoline at 10.58¢ per gal. and premium grade gasoline at 12.28¢ per gal., delivered in truck transport quantities for the period from September 1, 1966 through August 31, 1967, such having been in fact the lowest bid received for this item. Page 8108 A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #838-66 RESOLVED, that having considered the report and recommendation of the Budget Director received by the City Clerk on August 15, 1966, regarding the purchase of quantities of fuel oil in cooperation with the Livonia Public School Systems, the Council does hereby accept the bid of Standard Oil Division, American Oil Company, P. 0. Box 2858, Detroit, Michigan, for supplying the City with fuel oil for a period of one year from September 1, 1966 through August 31, 1967 at the following prices: No. 1 Tank Wagon oil at 50.1184 per gallon, and No. 2 Tank Wagon oil at S0.1084, such having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Salvadore, and unanimously adopted, it was #839-66 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act, (M.S.A. Section 5.2934), as well as Article XXIII of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, October 5, 1966 at 7:30 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michi- gan, on Petition No. 66-6-1-14 initiated by the City Planning Commission on its own motion for a change of zoning on the East side of Stark Road, south of Schoolcraft Road, in the Northeast 1/4 of Section 28, from M-1 and PL to PL and M-1, the City Planning Commission having in its resolu- tion #7-120-66 recommended to the City Council that Petition No. 66-6-1-14 be granted; and further that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement indicating the nature and location of the pro- posed change of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and the City Clerk is requested to do all things necessary or incidental to the full performance of this resolution. By Councilman McNamara, seconded by Councilman Salvadore, and unanimously adopted, it was #840-66 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, Page 8109 the City Zoning Act, (M.S.A. Section 5.2934), as well as Article XXIII of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, October 5, 1966, at 7:30 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan on Petition No. 66-2-6-4 as initiated by the Planning Commission pursuant to council resolution #1182-65 to determine whether or not to amend Ordinance No. 543 (Zoning Ordinance) so as to repeal Sections 10.07 and 11.08 (front yards for commercial buildings), the City Planning Commission having in its resolution #5-97-66 recommended to the City Council that Petition No. 66-2-6-4 be granted; and further that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement indicating the nature and location of the proposed change of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or opera- ting any public utility or railroad within the districts or zones affected; and the City Clerk is requested to do all things necessary or incidental to the full performance of this resolution. The communication from the City Planning Commission relative to the exten- sion of the preliminary plats for Philip Judson Gardens Subdivision #1 and Renwick Park Subdivision, was received and filed for the information of the Council. By Councilman McNamara, seconded by Councilman Nash, and unanimously adopted, it was #841.-66 RESOLVED, that having considered a letter from the City Planning Commission dated July 22, 1966, regarding the Commission's concern for establishing a uniform policy for procuring dedications of rights-of-way, the Council does hereby refer the same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Milligan, seconded by Councilman Salvadore, it was RESOLVED, that the communication from the Citizens Advisory Committee submitting recommendations on the I-96 Freeway, be received and filed. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan and S alvador e. NAYS: Kleinert, McNamara, Raymond, Nash and Ventura. The President declared the resolution denied. By Councilman McNamara, seconded by Councilman Nash, it was #842-66 RESOLVED, that having considered a letter from the Chairman of the Citizens Advisory Committee for Community Improvement dated July 20, 1966, wherein certain recommendations are made for construction of service Page 8110 roads on both sides of underpasses for the north-south leg of the I-96 Freeway where the same traverses the City of Livonia, the Council does hereby take this means to advise the Citizens Advisory Committee that al- though the aforesaid recommendation does have merit, that due to the cost of the same being prohibitive the City was unable to effect the approval of the subject treatment. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, Raymond, Nash, Salvadore and Ventura. NAYS: Milligan. The President declared the resolution adopted. By Councilman Salvadore, seconded by Councilman Nash, it was #843-66 RESOLVED, that having considered a letter from Harold H. Gordon of the Gordon-Begin Company, 800 West Thirteen Mile Road, Madison Heights, Michigan, 48071, dated July 6, 1966, wherein a request is made for the refund of certain monies in connection with the improvement plans for the Belle Lynn Subdivision, the Council does hereby refer this matter to the City Clerk for his report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Raymond, and unanimously adopted, it was #8411.-66 WHEREAS, pursuant to the direction of the City Council in its resolution #677-66 adopted on July 11, 1966 and in accordance with Section 3.06 of Ordinance No. 401, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of August 2, 1966 an assessment roll dated August 2, 1966 covering the instal- lation of a tile drain together with necessary catch basins or inlets for a self-centering perforated tile sewer with pea gravel backfill in Belle- Mar and Lyndon Meadows Subdivisions in the City of Livonia, containing the special assessments to be assessed and levied, respectively, in the pro- posed special assessment district heretofore established for the construc- tion and operation of the proposed improvement in said district as designated in the said resolution #677-66; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 3.08 of Ordinance No. 401, as amended, of the City, to-wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Wednesday, October 5, 1966 at 8:00 P. M. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; Page 8111 IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of October 5, 1966; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman McNamara, seconded by Councilman Nash, and unanimously adopted, it was #845-66 WHEREAS, pursuant to the direction of the City Council in its resolution #678-66 adopted on July 11, 1966 and in accordance with Section 3.06 of Ordinance No. 401, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of July 28, 1966 an assessment roll dated July 28, 1966 covering the instal- lation of a tile drain together with necessary catch basins or inlets for a self-centering perforated tile sewer with pea gravel backfill in Pickford Gardens and Hillcrest Avenue Subdivisions in the City of Livonia, contain- ing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the con- struction and operation of the proposed improvement in said district as designated in the said resolution #678-66; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice required by the provisions of Section 3.08 of Ordinance No. 401, as amended, of the City, to-wit; that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Wednesday, October 5, 1966, at 9:00 P. M. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia, which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of October 5, 1966; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Milligan, seconded by Councilman McNamara, it was #846-66 RESOLVED, that having considered a letter from the Personnel Director dated July 21, 1966, approved by the Mayor, which submits a resolution adopted by the Civil Service Commission on July 12, 1966, wherein the recommendation is made that the classification of Greenskeeper be established at Wage Grade 110 in a two step range with a minimum rate of $3.13 per hour ($6510 annually) and a maximum rate of $3.25 per hour Page 8112 ($6760 annually), the Council does hereby approve and concur in the afore- said recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, and Salvadore. NAYS: Ventura. The President declared the resolution adopted. The communication from the Board of Trustees, Livonia Employees Retirement System dated July 28, 1966, regarding actuarial report of proposed amendments, was received and filed for the information of the Council. By Councilman McNamara, seconded by Councilman Raymond, and unanimously adopted, it was #847-66 RESOLVED, that the matter relative to the construction of the membership of the Retirement Board of the Livonia Employees Retirement System is hereby referred to the Legislative Committee of the Council for its report and recommendation. By Councilman Salvadore, seconded by Councilman Kleinert, it was #848-66 RESOLVED, that having considered a letter from the Director of Civil Defense dated July 25, 1966, approved by the Mayor and Budget Director, regarding the need for an additional appropriation for Auxiliary Police salaries resulting from increased demands upon such service for community and school activities, including the new Stevenson High School, the Council does hereby concur in and approve of said request, and the sum of $2200.00 is hereby transferred from the Anticipated Surplus Account to Account No. 166-1 of the Civil Defense Budget for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman McNamara, it was #849-66 RESOLVED, that the matter concerning the School Crossing Guards and the possible assumption of this function by school systems, is hereby referred to the Budget Director for his report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. *Councilman Salvadore was excused at 9:45 P. M. Page 8113 By Councilman McNamara, seconded by Councilman Milligan, it was #850-66 RESOLVED, that having considered a letter dated July 6, 1966 from the Chief City Engineer, approved by the Assistant Director of Public Works, as well as the communication from the Department of Law dated July 26, 1966, both of which are submitted pursuant to council resolution #L,.07-66 and are in connection with the opening and improvement of Puritan Avenue, west of Henry Ruff, the Council does hereby refer the same to the Streets, Roads and Plats Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Kleinert, it was #851-66 RESOLVED, that pursuant to the report and recommendation dated July 19, 1966 from the Chief City Engineer, approved by the Assistant Director of Public Works, the Council does hereby amend Item No. 8 of its resolution #30-65 adopted on January 13, 1965, as modified by council resolution #109-65 adopted on February 10, 1965, so as to reduce the amount of the Letter of Credit to $18,500.00 and cash in the amount of $5,000.00 to cover the cost of remaining general improvements in Arbor Estates Subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; and further the financial assurances required for sidewalk improvements shall remain the same; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Kleinert, it was #852-66 RESOLVED, that pursuant to the report and recommendation dated July 19, 1966, from the Chief City Engineer, approved by the Assistant Director of Public Works, the Council does hereby amend Item No. 4 of its resolution #133-66 adopted on February 2, 1966, so as to reduce the bond for remaining improvements in Arbor Estates Subdivision No. 2 to $16,500.00, of which at least $5,000.00 shall be in cash, to cover the cost of remaining improvements in said subdivision; and the financial assurances now on deposit with the City, if any, shall be reduced accord- ingly; and further, the Sidewalk Bond shall remain the same; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, and Ventura. NAYS: None. Page 8114. *Councilman Salvadore returned at 9:50 P. M. By Councilman Nash, seconded by Councilman Kleinert, it was #853-66 RESOLVED, that having considered a letter from the Chief City Engineer dated July 27, 1966, approved by the Director of Public Works, regarding a communication from the Michigan State Highway Department dated July 11, 1966, in connection with the relocation of existing traffic signal devices now located on Plymouth Road (M-14.) at Yale Avenue, approximately 500 feet in an easterly direction the Council does hereby authorize and approve of the City of Livonia incurring the total cost involved in such relocation, the total estimated cost of the same being in the amount of $2,000.00; and further, the Council does hereby authorize the transfer of a sum not to exceed $2,000.00 from the Anticipated Surplus Account to the Civic Improvement Account of the Budget for the purpose of relocating the said traffic signal devices; and the Mayor and City Clerk are hereby authorized to execute on behalf of the City of Livonia the proposed Cost Agreement for Traffic Signal Control in this regard; and further the City Clerk is hereby requested to forward two (2) certified copies of this resolution, together with the signed Cost Agreement, to the Michigan State Highway Department, 174.05 Lahser Road, Box 4.707, Redford P. 0., Detroit, Michigan 48219, to the attention of Mr. Joseph S. Marlow. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, Raymond, Nash, and Ventura. NAYS: Salvadore. The President declared the resolution adopted. Councilman Milligan disqualified himself from voting, and his vote was not recorded. By Councilman Milligan, seconded by Councilman McNamara, it was #854-66 RESOLVED, that having considered a letter from the Chief City Engineer dated July 27, 1966, approved by the Director of Public Works, to which is attached a communication dated July 13, 1966 from the Michigan State Highway Department by the Assistant to the Deputy Director of Engineering, with regard to an increase in the cost involved in the non- skid resurfacing of the Grand River, Eight Mile and Inkster Intersection, the Council does hereby concur in the recommendation of the Chief City Engineer and does further authorize the payment of an additional $1201.64 in connection with this project; and the sum of $1201.64 is hereby transferred from the Anticipated Surplus Account to Account No. 361-40 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman Nash, it was #855-66 RESOLVED, that pursuant to the report and recommendation dated July 29, 1966 from the Chief City Engineer, approved by the Director of Page 8115 Public Works, the Council does hereby amend Item No. 8 of its resolution #72-65 adopted on January 27, 1965, and subsequently amended by council resolution #574-65 adopted on June 9, 1965, so as to reduce the Sidewalk Bond for remaining sidewalk improvements in Idyl Hills Estates Subdivision #2 to $3,100.00 cash, and the General Improvement Bond shall remain the same; and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman McNamara, it was #856-66 RESOLVED, that having considered a letter from the Chief City Engineer dated July 20, 1966, approved by the Acting Director of Public Works, with regard to a request made by the developers of the Coventry Gardens West Subdivision for a reimbursement of a portion of the inspection fees previously paid to the City, the Council does hereby concur in the recommendation of the Chief City Engineer and does authorize the City Clerk and City Treasurer to do all things necessary to refund to the Rouge Building Company the amount of $166-36 with respect to this matter, such sum having been previously deposited to Account No. 85-08 of the General Fund Budget. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman Nash, it was #857-66 RESOLVED, that having considered a letter from the Chief City Engineer dated July 6, 1966, approved by the Assistant Director of Public Works, regarding the acquisition of a right-of-way in connection with the improvement of Plymouth Road from Inkster to Ann Arbor Road, the Council does hereby refer the same to the Streets, Roads and Plats Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman McNamara, it was #858-66 RESOLVED, that having considered a letter from the Chief City Engineer dated July 1, 1966, approved by the Acting Director of Public Works, submitted pursuant to council resolution #575-66, regarding the present possible acquisition of Lots 87 and 89 of Garden Farm Subdivision, the Council does hereby refer this matter to the City Planning Commission Page 8116 for its report and recommendation, and particularly with the request that the same be considered in view of flood plain studies which are presently underway. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Milligan, it was #859-66 RESOLVED, that having considered a letter from the Chief City Engineer dated July 5, 1966, approved by the Assistant Director of Public Works, wherein it is recommended that proceedings be initiated pursuant to Chapter 20 of the Drain Code for the purpose of providing the necessary storm sewers for Vargo, Bobrich and Bennett Streets, west of Merriman Road, the Council does hereby refer the same to the Water and Sewer Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Salvadore, and Ventura. NAYS: Nash. The President declared the resolution adopted. The letter dated July 28, 1966 from the Chief City Engineer, regarding the status of the claim of Donald A. Pierce, was received and filed. By Councilman Milligan, seconded by Councilman Kleinert, and unanimously adopted, it was #860-66 RESOLVED, that the Council having adopted resolution #347-66 at its regular meeting held on April 6, 1966 requiring the Chief City Engineer to ascertain the assessed valuation of all property affected by the proposed improvement concerning paving and storm sewers for Brookfield Avenue south of Five Mile Road in the Northwest 1/4 of Section 22, City of Livonia, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifica- tions therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what pro- portion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of in- stallments in which assessments may be paid and the lands which should be included in the proposed special assessment district; and it appearing to the Council that all of such information, estimate, plans and specifi- cations and recommendations have been properly filed by the Chief City Engineer with the City Clerk under date of July 11, 1966, and that there has been a full compliance with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby Page 8117 set Wednesday, September 28, 1966, at 8:00 P. M. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04 of said Ordi- nance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. By Councilman Kleinert, seconded by Councilman McNamara, and unanimously adopted, it was #861-66 RESOLVED, that the Council having adopted resolution #348-66 at its regular meeting held on April 6, 1966 requiring the Chief City Engineer to ascertain the assessed valuation of all property affected by the proposed improvement concerning paving and storm sewers for Fairfield Avenue south of Five Mile Road in the Northwest 1/4 of Section 22, City of Livonia, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district; and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the Chief City Engineer with the City Clerk under date of July 11, 1966, and that there has been a full compliance with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Wednesday, September 28, 1966, at 8:00 P. M. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. By Councilman McNamara, seconded by Councilman Nash, it was #862-66 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated August 1, 1966, approved by the Director of Public Works and Budget Director, the Council does hereby accept the unit price bid of Seng Tire Company (Dunlop Dealer), 29835 Eight Mile Road, Livonia, Michigan 48152 for supplying the City with tires and tubes, and the repair of same, for a period of one year from September 1, 1966 through August 31, 1967, in accordance with the prices set forth in the tabulation of bids attached to the aforesaid communication, the same having been in fact the lowest of all bids received for these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. Page 8118 By Councilman McNamara, seconded by Councilman Milligan, and unanimously adopted, it was #863-66 RESOLVED, that the Department of Law is hereby requested to submit its report and recommendation regarding the validity and practi- cality of the City enacting ordinances which purport to regulate and/or prohibit the installation of any fixtures, accessories, articles, appendages, or any other chattel of any type or kind whatsoever in public rights-of-way other than in areas which are zoned RUF, or which are not serviced by sidewalks, or have property which is located on mile roads. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #864-66 RESOLVED, that the Council does hereby request that the Mayor and the Director of Public Works do all things necessary to effect and obtain the strict compliance with and adherence to the provisions set forth in the contract entered into by the City of Livonia with Commercial Removal, Inc. as the same pertains to the operation of the sanitary land- fill on the City's disposal site in Section 27. The report of the Municipal Court for the Month of July, 1966, was received and filed for the information of the Council. By Councilman Kleinert, seconded by Councilman Salvadore, and unanimously adopted, it was #865-66 RESOLVED, that having considered the request made in behalf of certain residents of Kimberly Oaks Subdivision by Mr. Thomas D. Heap, 14373 Blackburn, Livonia, Michigan, in a communication dated August 10, 1966, the Council does hereby grant permission to such residents to con- duct a street dance on Allen Avenue, between Blackburn and Cranston Streets, on Friday, September 2, 1966, between the hours of 8:30 P. M. and 1:30 A. M., subject to the approval of the Director of Public Safety. By Councilman Salvadore, seconded by Councilman McNamara, it was #866-66 RESOLVED, that having considered a letter dated August 24, 1966 from the Department of Law with regard to two communications, one dated August 8 and the other dated August 15, 1966, received from the law firm of Cohen, Shapiro, Berger and Cohen in connection with the case of the City of Philadelphia, et al., v. Morton Salt Co., et al., Civil Action No. 33781 in the Eastern District Federal Court of Pennsylvania, concern- ing offers of a settlement made by the Morton Salt Company and the Inter- national Salt Company, defendants therein, which settlements would finalize all of the City of Livonia's claims against these two companies in connection with the aforesaid law suit, the Council does hereby concur in and approve of the recommendations made by the law firm of Cohen, Shapiro, Berger and Cohen as well as the Department of Law, and the City Attorney is hereby authorized to approve and accept on behalf of the City of Livonia the aforesaid offers of settlement. Page 8119 A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #867-66 RESOLVED, that having considered the request made in behalf of the Madonna Civic Association by Kenneth J. Morris, President, in a communication dated August 29, 1966, the Council does hereby grant per- mission to the Madonna Civic Association to block off Woodside at Summers and Scone at Golfview for the purpose of conducting a street dance beginning at 8:00 P. M. on Saturday, September 10, 1966, or, in case of inclement weather, on the following Saturday, September 17, 1966, subject to the approval of the Director of Public Safety. By Councilman Milligan, seconded by Councilman McNamara, it was #868-66 RESOLVED, that having considered a letter from the President of the Burton Hollow Civic Association dated August 22, 1966, regarding the Association's proposal to beautify the area between the service drive and Six Mile Road from Farmington Road to Riverside Drive, the Council does hereby request that the Department of Public Works do all things necessary to establish the grade for the aforesaid area so as to provide proper drainage and thereby assist the Civic Association in its seeding and planting projects with respect to the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Kleinert, it was #869-66 RESOLVED, that having considered the report and recommendation dated August 12, 1966 from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby accept the unit price bid of Quality Paving Company, 26431 LaMuera Avenue, Farmington, Michigan, for installing concrete sidewalks on Brentwood and Lathers Avenues, north of Seven Mile Road, in the Southwest 1/4 of Section 1 in the City of Livonia, in accordance with the tabulation attached to the aforesaid communication of the Chief City Engineer, for the estimated total cost of $16,201.70, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost having been in fact the lowest bid received for this work; and the Council does hereby authorize and advance an amount not to exceed $16,201.70 from the General Fund which amount shall be reimbursed from the special assessment district established for this purpose; and the Director of Public Works is hereby authorized to approve all minor adjustments in any work completed; and the Mayor and City Clerk are hereby authorized to execute a contract for and in behalf Page 8120 of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman Milligan, it was #870-66 RESOLVED, that having considered a letter from the Chief City Engineer, dated August 19, 1966, and approved by the Mayor and the Director of Public Works, regarding the backyard drainage problem existing at the rear of property located at 34366 Wood Drive in the Burton Hollow Subdivision No. 3, the Council does hereby refer this matter to the Department of Law for its report and recommendation regarding the proper disposition of same, such report to be submitted by September 12, 1966. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, Raymond, Nash, Salvadore, and Ventura. NAYS: None. The letter from the Mayor, dated August 29, 1966, relative to the Capital Improvement Budget, was received and filed. On motion of Councilman Salvadore, seconded by Councilman McNamara, and unanimously adopted, this 547th Regular Meeting of the Council of the City of Livonia was duly adjourned at 10:45 P. M., August 29, 1966. . ..- ADDISON W. BACON, CiP clerk