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HomeMy WebLinkAboutCOUNCIL MINUTES 1966-05-11 Page 7902 MINUTES OF THE FIVE HUNDRED THIRTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 11, 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 8:02 P. M. Councilman Milligan delivered the invocation. Roll was called with the following result: Present--Peter A. Ventura, Rudolf R. Kleinert, Edward H. McNamara, James R. McCann, Robert F. Nash, and Edward G. Milligan. Absent-- Jack Salvadore. Elected and appointed officials present: Addison W. Bacon, City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, first Assistant City Attorney; Robert A. Shaw, Director of Public Works; Don Hull, City Planner; Henry G. Sieferd, City Assessor; David L. Jones, Water & Sewer Commissioner; William J. Strasser, City Engineer; Victor C. Phillips, Budget Director; John T. Dufour, Superintendent, Parks & Recreation; Carl Demek, Superintendent, Operations Division; Richard Jones, Assistant Superintend- ent of Operations Division; Joel LaBo, Director of Public Safety; and Dan Andrew, Industrial Co-ordinator. By Councilman McNamara, seconded by Councilman Nash, and *unanimously adopted, it was #456-66 RESOLVED, that the minutes of the 537th regular meeting of the Council of the City of Livonia, held May 4, 1966, are hereby approved. *Councilman Milligan abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. By Councilman McNamara, seconded by Councilman Nash, it was #457-66 RESOLVED, that having considered the letter dated May 10, 1966, from the Director of Public Safety, approved for submittal by the Mayor and Budget Director, with regard to Michigan's Thirteenth Annual Exchange of Mayors Day, the Council does hereby direct that the Council President act as official host and City representative in the Mayor's absence on May 16, 1966, in connection with the aforesaid event; and does hereby authorize the expenditure of the sum of $100.00 from the Public Relations Account of the Legislative Division (No. 102-22) in order to cover the expenses that may be incurred in connection with the observance of the said Exchange Day. A roll call vote was taken on the foregoing resolution with the following result: Page 7903 AYES: Milligan, Kleinert, McNamara, McCann, Nash and Ventura NAYS: None. ppinion No. 66-16 from the Department of Law, received May 11, 1966, rela- tive to Council approval of waiver uses where not recommended by the City Planning Commission, was received and filed for the information of the Council. The letter from the Mayor, dated May 11, 1966, relative to the 1966 Annual Conference of Mayors to be held in Dallas, Texas, was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman McNamara, it was #458-66 RESOLVED, that having considered a letter from the Chief City Engineer dated March 21, 1966, approved by the Director of Public Works, wherein it is recommended that special assessment proceedings be initiated for the purpose of improving and paving of the Seven Mile Super Highway Subdivision, including all of the streets in this subdivision, Filmore, Irving and Myron, and also the two cross streets, Clarita and Pickford, the Council does hereby request the City Clerk to notify and contact the owners of property included in this district for the purpose of affording them an opportunity to be heard with respect to same, at the study meeting to be held on June 6, 1966. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, McCann, Nash, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman McCann, it was #459-66 RESOLVED, that the Council having adopted resolution #271-66 at its regular meeting held on March 9, 1966 requiring the Chief City Engineer to ascertain the assessed valuation of all property affected by the installa- tion of a tile drain together with necessary catch basins or inlets for a self-centering perforated tile sewer with pea gravel backfill in Hillcrest Avenue Subdivision and Pickford Gardens Subdivision, the number of parcels which show tax delinquencies, the number of parcels owned by public author- ities, 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 recom- mendation 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 April 12, 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 Page 7904 Assessment and a Special Assessment Procedure, " the Council does hereby set June 8, 1966 at 7:30 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, McCann, Nash, and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman McNamara, it was #460-66 RESOLVED, that the Council having adopted resolution #1050-65 at its regular meeting held on November 3, 1965, and having also adopted resolution #270-66 at its regular meeting held on March 9, 1966, requiring the Chief City Engineer to ascertain the assessed valuation of all property affected by the installation of a tile drain with necessary catch basins or inlets as well as a self-centering perforated tile sewer with pea gravel backfill in Lyndon Meadows Subdivision and Belle Mar Subdivision, 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 April 12, 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 June 8, 1966, at 8:30 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 publica- tion of such hearing as is required by Section 3.04 of said ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, McCann, Nash, and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #461-66 RESOLVED, that having considered the letter from Mr. Peter Celano, 14079 Susanna, Livonia, dated April 15, 1966, regarding an alleged grading Page 7905 problem at his property, the Council does hereby refer the same to the Chief City Engineer for his report and recommendation. By Councilman McNamara, seconded by Councilman McCann, it was #462-66 RESOLVED, that the Council having adopted resolution #612-65 at its regular meeting held on June 16, 1965 requiring the Chief City Engineer to ascertain the assessed valuation of all property affected by the installa- tion of street lights on Arcola Avenue from Plymouth Road south to West Chicago in Section 36 of the City, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the num- ber of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of in- stallments in which assessments may be paid and the lands which should be included in the proposed special assessment district; and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the Chief City Engineer with the City Clerk under date of April 28, 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 June 15, 1966, at 7:30 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 hear- ing as is required by Section 3.04 of said ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, McCann, Nash, and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was #463-66 RESOLVED, that the Council having adopted resolution #756-65 at its regular meeting held on August 4, 1965 requiring the Chief City Engin- eer to ascertain the assessed valuation of all property affected by the in- stallation of street lights on Fremont, Hugh, Beatrice, Louise, Melvin, Oporto and Danzig Avenues located in E. G. Settle Realty Company's Bona- parte Gardens Subdivision in the Southeast 1/4 of Section 35 of the City, 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 in- formation, estimate, plans and specifications and recommendations have been properly filed by the Chief City Engineer with the City Clerk under date of Page 7906 April 28, 1966, and there has been a full compliance with all of the provi- sions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordi- nance 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 June 15, 1966, at 8:30 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 Sections 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and pub- lication of such hearing as is required by Section 3.04 of said ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, McCann, Nash, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Milligan, it was #464-66 RESOLVED, that having considered a letter from the Director of Pub- lic Safety dated April 13, 1966, approved for submittal by the Mayor and Budget Director, submitted pursuant to council resolution #331-66,regarding a recommendation made previously by the Federation of Livonia Civic Associa- tions as well as by the Burton Hollow Civic Association that the City of Livonia consider the purchase and operation of vehicle traffic radar units for the Livonia Police Department, the City Council does hereby approve of and concur in the recommendation made by the Director of Public Safety and does hereby authorize the purchase of two radar units and one recorder for a cost not to exceed $3,415.00 for this purpose; and further, the Council does hereby transfer the sum of S3,415.00 from Account No. 184-1 to Account No. 184-70 of the Police Department budget; and the Director of Pub- lic Safety and Budget Director are hereby authorized to do all things neces- sary 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, McNamara, McCann, and Nash. NAYS: Kleinert and Ventura. The President declared the resolution adopted. Councilman McNamara introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 8 OF ORDINANCE NO. 396, AS AMENDED, KNOWN AND CITED AS THE "WATER RATE ORDINANCE" OF THE CITY OF LIVONIA 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. Page 7907 By Councilman Kleinert, seconded by Councilman McNamara, it was #465-66 RESOLVED, that having considered a letter from the Chief City Engineer dated April 13, 1966, approved by the Director of Public Works, submitted pursuant to council resolution #257-66, regarding the proposed relocation of Wayne Road as well as the problem of the proposed half streets and the ditch that shall run through the park in the proposed Country Homes Estates Subdivision #3, the Council does hereby take this means to advise the Chief City Engineer that in submitting his subsequent report pertaining to the development plans and specifications for improvements in the said subdivision, that the proprietor of the same should be required to install pavement which is 20 feet in width (or 34 feet) for the improvement of Curtis Road as well as that portion of Wayne Road which is a part of or abuts the said subdivision. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, McCann, and Nash. NAYS: Milligan and Ventura. The President declared the resolution adopted. The following resolution was unanimously introduced, supported and adopted: #466-66 RESOLVED, that having considered Opinion #66-13 and Opinion #66-14, submitted by the Department of Law in regard to Millage Limitations for the Schoolcraft Community College, in the matter of procedure in challenging such tax levies by the College on the taxpayers of Livonia without a vote of the people, the Council does hereby request that State Representative Marvin R. Stempien obtain from the office of the Attorney General of the State of Michigan, an opinion relating thereto. By Councilman Kleinert, seconded by Councilman McCann, it was #467-66 RESOLVED, that having considered a letter from the Industrial Co- ordinator dated April 25, 1966, regarding council resolution #227-66 which required certain financial assurances to be furnished by the developers of the Plymouth-Levan Industrial Subdivision, as well as council resolution #323-66 wherein the Council modified the aforesaid resolution #227-66 so as to eliminate the requirement for sidewalk installation in the said subdivi- sion, the Council does hereby authorize the payment of $425.00 to Burton- Share, Inc., 26711 Woodward Avenue, Huntington Woods, Michigan, developers of the Plymouth-Levan Industrial Subdivision, which amount is equal to the sum previously filed with the City as inspection fees applicable to side- walks; and further, 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, McCann, Nash, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Nash, and unanimously adopted, it was Page 7908 #468-66 RESOLVED, that having considered a communication dated January 21, 1966 from the City Planning Commission which transmits its resolution #11-204-65 adopted by the commission on November 30, 1965 in regard to Petition 65-10-2-10 submitted by Jamie M. Martin, Agent for Sandy's of Detroit, Inc., requesting a waiver use permit to build a restaurant and carry-out food establishment to be located on the south side of Seven Mile Road, approximately 840 feet east of Middlebelt Road, in Section 12, which property is zoned C-2, the City Planning Commission having made a recom- mendation of denial with respect to same and the petitioner having filed an appeal with the City Clerk within ten (10) days from the Commission's deter- mination, and the Council having conducted a public hearing on April 25, 1966 pursuant to council resolution #216-66, and thereafter the petitioner having requested that he be permitted the opportunity of withdrawing his petition, the Council does hereby determine to allow the petitioner to with- draw his petition and the same is denied without prejudice. By Councilman McCann, seconded by Councilman Milligan, and unanimously adopted, it was #469-66 RESOLVED, that waiver use Petition #65-11-2-14 submitted by Mr. Ponder for Thomas J. Seros and Nick J. Seros be tabled until such time as an amendment has been enected to Ordinance 543, as amended, the Zoning Ordinance, whereby the City Council would be empowered to consider the said request for a Waiver Use, on its merits. By Councilman Milligan, seconded by Councilman McNamara, and unanimously adopted, it was #470-66 RESOLVED, that having considered the report and recommendation dated February 21, 1966 from the City Planning Commission which sets forth its resolution #1-11-66 in regard to Petition 65-11-1-38 submitted by Thomas G. and Viola R. Bosco for a change of zoning on the northeast cor- ner of Middlebelt Road and Bretton Road in Section 1 from RUF to PS; and the Council having conducted a public hearing with regard to this matter on April 25, 1966 pursuant to council resolution #237-66, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 65-11-1-38 is hereby approved and granted; and the City Plan- ner 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 Nash, it was #471-66 RESOLVED, that having considered a letter from Mr. William W. Brashear, of the Law firm of Brashear, Brashear, Mies and Duggan, dated May 2, 1966, submitted in behalf of his clients, Mr. and Mrs. Laurence J. Aubert, 35217 Five Mile Road, Livonia, Michigan, which is in regard to the sale of property owned by Mr. and Mrs. Aubert and which is necessary for the construction of Livonia Drain No. 11, the Council does hereby refer the same to the Department of Law for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, McCann, Nash, and Ventura. NAYS: None Page 7909 By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #472-66 RESOLVED, that having considered the letter from Mr. John Allan, 20415 Mayfield, Livonia, Michigan, dated April 27, 1966, wherein he has stated his dissatisfaction with the manner of restoring his front lawn in connection with the installation of sanitary sewers on his street, the Council does hereby refer the same to the Chief City Engineer for his re- port and recommendation. By Councilman Nash, seconded by Councilman McNamara, it was #473-66 RESOLVED, that having considered a letter from the Director of Public Safety dated April 20, 1966, approved for submittal by the Mayor and Budget Director, wherein it is recommended that the Secretary of State of the State of Michigan be authorized to establish a branch office in the City of Livonia for the purpose of issuing driver's licenses in lieu of the City of Livonia performing the said service, the Council does hereby con- cur in the aforesaid recommendation and the Director of Public Safety is hereby authorized to do all things necessary in authorizing the Secretary of State of the State of Michigan to assume the service of issuing driver's licenses and that upon the same being accomplished, thereafter the City of Livonia shall discontinue performing the said function. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, McCann, Nash, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman McCann, it was #474-66 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations Division dated April 21, 1966, approved by the Director of Public Works and Budget Director, the Council does hereby accept the bid of Stark Hickey West, Inc., 24760 West Seven Mile Road, Detroit, Michigan 48219 for supplying the City with one (1) new 1966 Ford Econoline One-Ton Van Truck for the price of $1,898.47, 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, McCann, Nash, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Kleinert, it was #475-66 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations Division dated April 11, 1966, approved by the Director of Public Works and Budget Director, the Council does hereby accept the bid of Radio Corporation of America, 8635 Grand River, Detroit, Michigan 48204 for supplying the City with five (5) RCA Model CMUEO 15B2/17712 Fleetline Mobile Radio Units for the price of $419.00 each or a total price of S2,095.00, such having been in fact the lowest bid received for this item, and for the further reason that such deviations from speci- Page 7910 fications submitted are not considered substantial and are hereby waived for the reasons set forth in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, McCann, Nash, and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #476-66 RESOLVED, that having considered a communication from the Chief City Engineer dated April 27, 1966, approved by the Director of Public Works, regarding the acquisition of certain properties in connection with the widening of Farmington Road from Seven Mile Road to Eight Mile Road, and in accordance with the recommendations made in the aforesaid communi- cation, the Council does hereby authorize the Division of Engineering and the Department of Law to acquire property as specified in said communica- tion and particularly from the owner or owners of the following parcels of property and for the following amounts as indicated in the aforesaid communication: Parcel Owner Amount 1. 04H2 - E. 60' (Leroy Ackley, 20219 Farmington Rd.) $ 300.00 2. 04G - E. 60' (Roy Jenkins, 20235 Farmington Rd.) 300.00 3. 040 - E. 60' (Clarence Lee, 20411 Farmington Rd.) 700.00 4. 03b41- 03146 L (W. 171) (Leland A. Lewis, 18941 Myron ) 800.00 5. 03b61-03b71 (W. 17' ) (Everett Mason, 32150 Five Mile Rd.) 4,000.00 6. 03b53-03b60 N. 17' ) (Clara Neubert, 19250 Farmington Rd.) 2,000.00 7. 04J - E.60' (Joseph Patrick O'Brien,20250 Farmington) 700.00 8. 03b72-03b73 (W. 17') (William Winter, 18946 Stamford) 3,500.00 9. 041 - E. 60' (Walter 0. Roberts, 20209 Farmington Rd.) 500.00 10. 04V - E. 60' (Martha Sarnowski, 28454 Elmira) 1,000.00 11. 03a6 - W. 27' (Frank Shelman, 20134 Farmington Rd.) 200.00 and for this purpose, the Council does hereby authorize the expenditure of the aforesaid amounts from the Farmington Road Paving Account; 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, McCann, Nash, and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was L #477-66 RESOLVED, that having considered a letterfrom Roger J. Rosendale, Director of License Division, Michigan Liquor Control Commission, dated April 27, 1966, regarding the receipt by his office of an application from Edmund E. Filipek, 36759 Roycroft, Livonia, for a new full year Class "C" license to be located in the City of Livonia, the Council does hereby refer Page 7911 this matter to the Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Klein ert, McNamara, McCann, and Nash. NAYS: Ventura. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Nash, it was #!i.78-66 RFROLVED, that having considered two orders issued by the Michigan Public Service Commission, which were taken by action of the Commission on February 3, 1966, File #RR-2557 (which is with respect to the crossing of the C. & O. Railway with Stark Road) and File #RR-931 (which is with respect to the crossing of the C. & O. Railway with Newburgh Road), the Council does hereby refer the same to the Department of Law for a report pertaining to the status of the law applicable to the manner of payment, interpretation of the aforesaid orders, as well as any other matters which may be pertinent or incidental thereto. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, McCann, Nash, and Ventura. NAYS: None. By Councilman McCann, seconded by Councilman McNamara, it was #479-66 RESOLVED, that having considered the letter from the Mayor, dated April 29, 1966, and also having considered a letter dated October 20, 1965 from the Industrial Coordinator and the Director of Public Works regarding the exchange of certain city owned property located on Stark Road, which is part of the public works yard, with property abutting the same which is owned by the Shepard and Young Tool Company, and having further considered a letter from the Mayor, dated November 22, 1965 and submitted pursuant to council resolution 1032-65, as well as a communication dated December 14, 1965 from the Industrial Coordinator and Director of Public Works and a letter dated January 11, 1966 from the Industrial Coordinator which indi- cates that the land area proposed to be exchanged and presently owned by the City is .086 of an acre less than that which was previously reported, and the Council having been advised with respect to this matter that the proposed exchange of 1.521 acres of city property for 1.786 acres of property owned by the Shepard and Young Tool Company would result in a more compatible de- sign with greater utility and use of the city's public works facilities as well as result in an increase to the city's industrial tax base; accord- ingly, the Council does hereby request that the Mayor, City Clerk and the Department of Law do all things necessary in order to effect the proposed land exchange. *The President relinquished the Chair to the Vice-President at 9:06 P. M. to offer the following resolution. By Councilman Ventura, seconded by Councilman Milligan, it was, Page 7912 RESOLVED, that the Council does hereby table this matter until such time as appraisals are made on the property involved. L. A roll call vote was taken on the tabling resolution with the following result: AYES: Milligan, Ventura, and Nash. NAYS: Kleinert, McNamara, and McCann. The Vice-President declared the tabling resolution denied. A roll call vote was taken on the original resolution with the following result: AYES: Kleinert, McNamara, McCann, and Nash. NAYS: Milligan and Ventura. The Vice-President declared the resolution adopted. *The President resumed the Chair at 9:13 P. M. By Councilman McNamara, seconded by Councilman McCann, it was #480-66 RESOLVED, that having considered a communication dated April 28, 1966 from the Chief City Engineer, approved by the Director of Public Works and the Water & Sewer Commissioner, regarding the acquisition of certain easements in conjunction with the construction of the Bell Creek Sanitary Sewer, Area 5b, of the Master Sanitary Sewer Project, and in accordance with the recommendations made in the aforesaid communication, the Council does hereby authorize the Engineering Division, in conjunction with the Department of Law, to acquire easements as specified in said communication and more particularly from the owner or owners of the follow- ing tax parcels and for the following amounts, all in accordance with the maps attached to the aforesaid communication, as follows: (1) Parcel 15E (Richard E. Lockey, 15596 MacArthur Avenue, $1,100.00 Detroit, Michigan) (2) Parcel 15e7a1 (Daniel Bourdas, 16500 Bell Creek Lane, 113.45 Livonia) and, for this purpose, the Council does hereby authorize the expenditure of the aforesaid amounts from the Sewer Division Easement Account, such sums to be reimbursed from the proceeds of the sale of Series III Sanitary Sewer Bonds; and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, McCann, Nash, and Ventura. L NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #481-66 RESOLVED, that having considered the letter from the Water and Sewer Board dated April 26, 1966, approved for submission by the Mayor, Page 7913 which transmits its resolution #WS 824 4/66 adopted on April 25, 1966, wherein the Board recommends the inclusion of two additional fire hydrants to the 15 previously approved in the 1966-67 Capital Improvement Account L. of the Water Budget, which additional fire hydrants shall be located at the following locations: (1) a location on the common boundary line between Lots 809 and 810 on the west side of Stark Road, and (2) a location on Ingram, between Five Mile Road and Myrna, near 15925 Ingram Avenue, the Council does hereby approve of an concur in the aforesaid recommenda- tion and the Budget Director and Water and Sewer Commissioner are hereby authorized to prepare specifications and advertise for the taking of bids on the basis of the installation of 17 fire hydrant locations. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, McCann, Nash, and Ventura. NAYS: None. *The President relinquished the Chair to the Vice-President at 9:17 P. M. and was excused for the balance of the meeting. By Councilman Kleinert, seconded by Councilman McNamara, it was #482-66 RESOLVED, that having considered the letter from the Water and Sewer Board dated April 26, 1966, approved for submission by the Mayor, which transmits its resolution #WS 820 4/66 adopted on April 25, 1966, wherein the Board recommends that a tapping machine with a compressed air driven motor be included in the Capital Outlay Account of the 1966-67 Water Budget, the Council does hereby approve of and concur in the same and the Capital Outlay Account of the Water Department Budget is hereby amended to include the sum of $1,000.00 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McNamara, McCann, and Nash. NAYS: None. By Councilman McNamara, seconded by Councilman Milligan, and unanimously adopted, it was #483-66 RESOLVED, that having considered the letter dated April 25, 1966 from the Chief of Police, approved for submittal by the Mayor, which submits for consideration the following proposed traffic, parking and signal control orders: Traffic Control Orders TCO-66-22 TCO-66-41 TCo-66-28 TCO-66-31 TCo-66-23 TCO-66-26 TCO-66-40 TCo-66-38 TCO-66-25 TCo-66-27 TCo-66-3o TCo-66-39 Tco-66-32 Page 7914 Parking Control Order Pco-66-8 PCO-66-9 pco-66-10 Signal Control Order SCO-66-3 SCO-66-5 the Council does hereby refer the same to the Street, Roads and Plats Committee for its report and recommendation. By Councilman Kleinert, seconded by Councilman Milligan, it was #484-66 RESOLVED, that having considered the recommendation from the City Planning Commission, as transmitted by a letter dated April 27, 1966 from the Planning Director, and it appearing from the aforesaid communication that the Development Planning Company, 2300 Dixie Highway, Pontiac, Mich- igan, has completed all work required under a contract dated June 11, 1964, Urban Planning Assistance Project (701) Mich. P-81, and Mr. Jacob Driker, President of the said Development Planning Company having certified that all such work has been completed in accordance with the contract, the Council does hereby authorize the final payment in the amount of $4920.00 to the said Development Planning Company; 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, McCann, and Nash. NAYS: None. At 9:21 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 meet- ing with the exception of Councilman Ventura. By Councilman McNamara, seconded by Councilman McCann, it was #485-66 RESOLVED, that the Council does hereby table the matter of Waiver Petition #65-12-2-17, submitted by Rosedale Garden Corporation, to the next regular meeting of the Council, to be held May 18, 1966. A roll call vote was taken on the tabling resolution with the following result: AYES: Milligan, McNamara, McCann, and Nash. NAYS: None. *Councilman Kleinert, being a member of the petitioning organization, did not vote, and was not recorded. By Councilman McCann, seconded by Councilman Milligan, it was #486-66 RESOLVED, that having considered the letter from the Parks and Recreation Commission dated April 13, 1966, approved for submission by the Mayor and Budget Director, wherein it is recommended by the said commission Page 7915 that the burial fees at the Livonia Center Cemetery be increased from those presently charged to new rates, the Council does hereby approve and authorize an increase in burial charges in the following manner: Weekdays 3100.00 for adults S60.00 for children Saturdays 130.00 for adults 75.00 for children and the Parks and Recreation Commission, 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, McCann, and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Milligan, it was #487-66 RESOLVED, that the regular meetings of the Council of the City of Livonia for the month of June, 1966, will be held on Monday, June 6th and Monday, June 20th at 8:00 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McNamara, McCann, and Nash. NAYS: Kleinert. The Vice-President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Kleinert, it was #488-66 RESOLVED, that the Council does hereby suspend their rules for procedure and application, as outlined in council resolution #337-56, so as to permit consideration of various items not appearing on the agenda. A roll call vote was called on the foregoing resolution with the following result: AYES: Kleinert, McNamara, and Milligan. NAYS: McCann and Nash. The Vice-President declared the resolution defeated because of the lack of a 3/4 ma- jority. Councilman McNamara challenged the ruling of the Chair. The Vice-President relinquished the Chair to Councilman Milligan at 10:35 P. M. A roll call vote was taken on the challenge to the ruling of the Chair, with the fol- lowing result: AYES: Kleinert, McNamara, and Milligan. NAYS: McCann and Nash. Page 7916 Councilman Milligan declared the challenge to the ruling of the Chair upheld, and Council Resolution #488-66 adopted. The Vice-President resumed the Chair at 10:40 P. M. By Councilman McNamara, seconded by Councilman Kleinert, it was #489-66 RESOLVED, that the Council, having reconsidered the action taken in CR.##422-66 does hereby determine to amend said resolution #422-66 so as to establish the salary of the Water and Sewer Commissioner at an annual rate of $11,500.00, payable monthly, such rate to be effective and conrlence from May 1, 1966; further, to accomplish the purpose of this resolution the Water Dept. Budget is amended in the amount of $791.66 to provide the necessary funds for the fiscal year ending February 28, 1967, and the Muni- cipal Refuse Fund Budget is amended in the amount of $554.16 to provide the necessary funds for the fiscal year ending November 30, 1966; and all prior council resolutions are hereby rescinded or modified to the extent that they are inconsistent herewith. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert,and McNamara. NAYS: McCann and Nash. The Vice-President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Kleinert, it was #490-66 RESOLVED, that having considered a request dated May 9, 1966, from Mrs. Phyllis Mooradian, 9994 Clement Circle, Livonia, regarding an exception from certain requirements prescribed in Ordinance No. 305, as amended, with regard to the construction of a private swimming pool to be located at the aforesaid address, the Council does hereby grant the request- ed exception and authorizes the issuance of a building permit to construct said swimming pool on the aforesaid premises five (5) feet from the exist- ing property line in lieu of ten feet as required, in the manner as shown on the map attached to the communication from Mrs. Mooradian. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McNamara, McCann, Kleinert, and Nash. NAYS: None. By Councilman McNamara, seconded by Councilman McCann, it was #491-66 RESOLVED, that the preliminary plat of the proposed Nottingham Woods Subdivision, situated in the Northeast 1/4 of Section 15, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on August 31, 1965, by its resolution #8-144-65, and approved by the City Council on November 3, 1965, by its resolution #1045-65, and a report dated May 6, 1966 from the Chief City Engineer, approved by the Director of Public Works, indicating that full compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Commission having approved the final plat on March 29, 1966 in its resolution #3-60-66, the Council does hereby determine to grant its Page 7917 approval to the final plat of Nottingham Woods Subdivision located in the Northeast 1/4 of Section 15, City of Livonia, Wayne County, Michigan, as submitted by Mr. Jacob Menuck, Curtis Building Company, 18315 W. McNichols Road, Detroit 19, Michigan, as proprietors thereof being required to do all things necessary to obtain full compliance with the Plat Act, Act 172 of the Michigan Public Acts of 1929, as amended, the Plat Ordinance of the City of Livonia, Ordinance No. 500, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Kleinert, and Nash. NAYS: Milligan. The Vice-President declared the resolution adopted. By Councilman McCann, seconded by Councilman Kleinert, it was #492-66 RESOLVED, that the preliminary plat of the proposed Greenwood Farms Subdivision, situated in the Southeast 1/4 of Section 18, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on April 6, 1965, by its resolution #4-64-65, and approved by the City Council on June 30, 1965, by its resolution #651-65, and a report dated May 6, 1966 from the Chief City Engineer, approved by the Director of Public Works, indicating that full compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Commission having approved the final plat on May 3, 1966 in its resolution #5-76-66, the Council does hereby deter- mine to grant its approval to the final plat of Greenwood Farms Subdivision located in the Southeast 1/4 of Section 18, City of Livonia, Wayne County, Michigan, as submitted by Mr. James S. Bonadeo, Bonadeo Corporation, 24801 Five Mile Road, Detroit 39, Michigan, as proprietors thereof being required to do all things necessary to obtain full compliance with the Plat Act, Act 172 of the Michigan Public Acts of 1929, as amended, the Plat Ordinance of the City of Livonia, Ordinance No. 500, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Kleinert, and Nash. NAYS: Milligan. The Vice-President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman McCann, it was #493-66 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated May 2, 1966, and which was sub- mitted pursuant to Council Resolution No. 415-65, regarding a communication from the Director of Public Safety dated April 12, 1965, which submitted a letter from Mr. J. W. Clinton, Assistant Engineer of Traffic & Safety, Board of Wayne County Road Commissioners dated March 30, 1965, in connection with the installation of traffic control signal devices to be located in front of existing fire stations at the following locations, the estimated cost of which is indicated: Page 7918 Location 2HEL1 Cost Estimate Farmington, North of Seven Mile SL-885 $1,510.00 Middlebelt, North of Plymouth SL-886 1,810.00 La Farmington, South of Plymouth SL-887 1,680.00 the Council does hereby approve of and concur in the aforesaid recommenda- tion and does further authorize the installation of the said traffic control signals, and further the Council having been advised that the estimated cost of the proposed traffic signal installations is S5,000.00 does hereby approve of the City assuming the total actual cost of such in- stallations and, for this purpose, the Council does hereby transfer the sum of $5,000.00 from the Unappropriated Surplus to the Civic Improvement Account of the budget; also the City does hereby agree to pay the monthly electrical energy charges for such installations to the Detroit Edison Com- pany upon completion of the installations, it being understood that the County will assume the full cost of maintaining the signals; and the Board of Wayne County Road Commissioners is hereby requested to cause such traffic signals to be installed at the aforesaid locations in an expeditious manner; and further, the Council does hereby request that the Board of Wayne County Road Commissioners consider assuming 50% of the total cost of the afore- said installations, i.e. S2500.00; and the City Clerk and City Treasurer are herein authorized to do all things reasonably necessary to the full per- formance of this resolution; and the City Clerk is hereby requested to send a certified copy of this resolution to the Board of Wayne County Road Com- missioners, to the attention of the Engineer of Traffic and Safety. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McNamara, McCann, Kleinert, and Nash. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #494-66 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated May 2, 1966, and submitted pur- suant to Council Resolution #721-65, regarding the communication dated July 8, 1965 from the Industrial Coordinator wherein a request was submit- ted in behalf of Feblo, Inc. for a cross-over to be installed on School- craft Road in the area of the said company's manufacturing plant, the Coun- cil does hereby deny the said request for the reason that such an installa- tion would be a waste of City funds in view of the proposed construction of the 1-96 Freeway in this area. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McNamara, McCann, Kleinert, and Nash. NAYS: None. By Councilman Kleinert, seconded by Councilman Milligan, it was #495-66 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated May 2, 1966, and submitted pur- suant to Council Resolution No. 1194-65, with regard to a City of Livonia Downtown Development Study prepared by the City Planning Department and submitted by the Planning Commission Chairman by a letter dated Page 7919 November 23, 1965, the Council does hereby take this means to advise the City Planning Commission that it is authorized to proceed with the said study and plan, and is further requested to make periodical progress re- ports to the City Council with regard to the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McNamara, McCann, Kleinert, and Nash. NAYS: None. On motion of Councilman Milligan, seconded by Councilman McNamara, and unanimously adopted, this 538th Regular Meeting of the Council of the City of Livonia was duly adjourned at 11:00 P. M., May 11, 1966. ADDISON W. BACON, \gy Cl:rk