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HomeMy WebLinkAboutCOUNCIL MINUTES 1965-06-30 Page 7303 MINUTES OF THE FIVE HUNDRED FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 30, 1965, 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 09 P. M. Councilman McCann delivered the invocation Roll was called with the following result; Present--Rudolf R Kleinert, Peter A Ventura, Charles J Pinto, Daniel C Allen, *John F. Dooley, Edward H McNamara and James R. McCann Absent--None 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, David L Jones, Water and Sewer Commissioner, Don Hull, City Planner; Thomas Heap, Zoning Board of Appeals, John Dufour, Superin- tendent, Parks and Recreation, Thomas J Griffiths, Jr. , Chief Accountant, William J. Strasser, Chief City Engineer, Victor Beale, Executive Secretary to the Mayor, Robert Nash, Zoning Board of Appeals, Thomas Daoust, Library Commission, W. A. Cooper, Director of Civil Defense, Daniel R Andrew, Industrial Coordinator, and Carl J Wagcnschutz, City Treasurer By Councilman Dooley, seconded by Councilman Allen and unanimously adopted, it was #641-65 RESOLVED that, the minutes or the 500th regular meeting of the Council of the City of Livonia held June 23, 1965, the 94th special meeting held June 23, 1965, and the 95th special meeting held June 28, 1965, are hereby approved. By Councilman McNamara, seconded by Councilman Ventura and unanimously adopted, it was #642-65 RESOLVED that, the roll call vote on the Civil Defense Ordinance, introduced on June 16, 1965, by Councilman McCann be again tabled to the regular meeting on July 28, 1965. Ihr By Councilman McNamara, seconded by Councilman Pinto, it was #-643-65 RESOLVED that, having considered a communication dated June 7, 1965, from the law firm of Miller, Canfield, Paddock and Stone, which sets Page 7304 forth a proposed scale of fees for legal services to be used in connection with various kinds of bond issues, the Council does hereby approve the same in principle for use in conjunction with such bond issues, and the City Clerk is hereby requested to transmit a copy of this resolution to the firm of Miller, Canfield, Paddock and Stone, attention John H Nunneley, 2500 Detroit Bank & Trust Building, Detroit 26, Michigan A roll call vote was taken on the foregoing resolution with the following result• AYES McCann, Ventura, Pinto, Allen, Dooley, McNamara and Kleinert NAYS: None By Councilman Ventura, seconded by Councilman McCann and unanimously adopted, it was #644-65 RESOLVED that, the communication dated June 4, 1965, from the Chief Building Inspector relative to a fee schedule in connection with the Air Quality Control Ordinance is hereby tabled to the next study meeting of the Council, July 14, 1965. By Councilman Dooley, seconded by Councilman Ventura, it was #645-65 RESOLVED that, having considered the report and recommendation dated May 25, 1965, from the Director of Public Safety, approved for sub- mission by the Mayor and Budget Director, the Council does hereby accept the bid of Garrick Photo for supplying the City with the following described camera and kit 1) Crown Graphic 4x5 in Kit "E"#CF 93 2) 135 mm Fraflex OPTAR f 4 7 lens 3) Three cell Graflex flash gun 4) 20" cord 5) 5" reflector 6) Solonoid switch to shutter 7) Range finder 8) Synchronization of solonoid 9) Flash 10) Carrying Case #2736 and Catalogue #9460 for the price of 5397 29, such having been in fact the lowest bid received for this item, and the sum of $397 29 is hereby appropriated from the Unal- located Account to Account #183-70 (Capital Outlay-Police Department- Detective Bureau) for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES• McCann, Ventura, Pinto, Allen, Dooley, McNamara and Kleinert NAYS• None By Councilman Ventura, seconded by Councilman McCann and unanimously adopted, it was Page 7305 #646-65 RESOLVED that, the Chief City Engineer having filed with the City Clerk a statement dated February 8, 1965, on all matters required by Section 3 03 of Ordinance No 401, as amended, and a first public hearing having been held thereon on February 8, 1965, after due notice as required by Section 3 04 of said ordinance, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 05 of said ordinance 1) accept and approve said statement in all respects, 2) determine to make the improvement of installing concrete paving on Yale Avenue south of Plymouth Road from the north boundary line of Country Homes Subdivision to Plymouth Road, located in the East 1/2 of the N. E. 1/4 of Section 32, and the N. W. 1/4 of Section 33, in the City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 3) approve the plans and specifications for said improvement as set forth in said statement dated February 8, 1965, 4) determine that the estimated cost of such improvement is $30,850 20, 5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, 6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be S000 00 and that the balance of said cost and expense of said public improvement amounting to $30,850 20 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, 7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon in the amount of four per cent (4%) per annum on unpaid balance, 8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows • A special assessment district located in the N. E. 1/4 of Section 32 and the N. W. 1/4 of Section 33, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, being more particularly described as follows Parcel 32A1 The North 330 feet of the East 9 acres of the North 30 acres of the East 1/2 of the Northeast 1/4 of Section 32, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, Parcel 33M2b That part of the N.W. 1/4 of Section 33, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at the N. W. corner of Section 33 and proceeding thence due East along the North Section line 238 00 feet, thence S 0° 04' 20" W 330.00 feet, thence due West 238 00 feet, thence N 0° 04' 20" E along the West Section line 330.00 feet to the point of beginning Page 7306 9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and 10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.07 of Ordinance No 401, as amended, of the City of Livonia, and file the same with the City Clerk who thereupon is directed to present same to the City Council prior to the holding of the second public hearing thereon required by Section 3 08 of said ordinance. By Councilman Dooley, seconded by Councilman Pinto and unanimously adopted, it was #647-65 RESOLVED that, having considered a letter dated June 11, 1965, from William J Petrillo of the law firm of Sullivan, Eames, Moody and Petrillo, 1800 Buhl Building, Detroit 26, Michigan, regarding the possible condemnation of property located at the northeast corner of Haggerty and Seven Mile Roads in the City of Livonia, the Council does hereby take this means to advise Mr Petrillo that the Council has not thus far authorized condemnation proceedings in this regard and that in the event such a con- demnation is authorized by a Council resolution determining necessity, a copy of same may be obtained from the office of the City Clerk By Councilman McNamara, seconded by Councilman Allen and unanimously adopted, it was #648-65 RESOLVED that, having considered a letter dated June 4, 1965, from the Chief City Engineer, approved by the Director of Public Works, regarding the need for installing sidewalks in the Belle Mar Subdivision which is located in the S. E. 1/4 of Section 23, the Council does hereby request the Department of Law and the Department of Public Works to take whatever steps may be necessary in obtaining the construction of said side- walks by the developers of the aforesaid subdivision, the Gordon-Begin Co , including the institution of such legal proceedings as may be necessary in this regard By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #649-65 RESOLVED that, having considered a letter dated June 8, 1965, from Mr W Warren Shelden, President of Shelden Land Company and Shelden Homes, Inc , 32121 Plymouth Road, Livonia, wherein he has requested the dedication of a portion of Woodring, and the establishing of an access route between Woodring Avenue and Roseland Avenue immediately south of the proposed south branch library, the Council does hereby request the Depart- ment of Law and the Chief City Engineer to submit their reports and re- commendations in this regard Page 7307 By Councilman Pinto, seconded by Councilman McNamara and unanimously adopted, it was #650-65 RESOLVED that, having considered a letter dated June 4, 1965, from Lybrand, Ross Bros & Montgomery, wherein proposed contracts for the ap- pointment of the aforesaid firm as auditors for the City of Livonia, are submitted, for the purpose of auditing the financial statements of all of the various funds of the City as well as the financial statements of the Water and Sewer Division of the City, the Council does hereby refer the same to the Finance and Insurance Committee for its report and recommenda- tion By Councilman Ventura, seconded by Councilman McCann, it was #651-65 RESOLVED that, Mr James S Bonadeo, Bonadeo Corporation, 24801 Five Mile Road, Detroit 39, Michigan, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision Greenwood Farms Subdivision, located in the Southeast 1/4 of Section 18, City of Livonia, Michigan, the said proposed preliminary plat being dated April 6, 1965, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission after due notice and a public hearing on November 17, 1964, and it further appearing that such preliminary plat, together with Development Plans and Specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that de- partment dated June 18, 1965, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Plat Ordinance, Ordinance No 500, as amended, the subdivision regulations of the Planning Commission, the regulations and specifications of the Department of Public Works and the development plans submitted by the proprietor and approved by such Department, all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid in the time and manner provided in the said Plat Ordinance, as amended, (3) That the installation of such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 7 03 of said Plat Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, Page 7308 (5) That the following cash payments be made to the City Trees (Incl island areas) $ 3,605 00 Traffic Control Signs 169 50 Escrow payment for Bell Creek maintenance for one (1) year from the date of acceptance of the ditch improvements by the City 1,000 00 Review of Plans, Inspection and Administration (5%) 12,470 50, (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive final approval of the City Planning Commission as evidence that such plat is in compliance with existing sub- division regulations, (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in sub- stantial conformity with the proposed plat as approved herein and provided there has been compliance with all other requirements of the Plat Act, Plat Ordinance, and this resolution, (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements, the proprietor may file with the City of Livonia, surety bond, certified check, cash bond or other financial assurance in such form as may be approved by the Department of Law, guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances, the same shall be in the following amounts General Improvement Bond - S251,000 00, of which at least $5,200 00 shall be in cash, Sidewalk Bond - $24,000 00, of which at least $4,800 00 shall be in cash, and provided further, that the request of the proprietor for 27 foot wide pavements on certain streets, as shown on the map attached to the letter dated June 18, 1965, from the Chief City Engineer, is hereby approved and authorized. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Ventura, Pinto, Dooley, McNamara and Kleinert NAYS *Allen *Councilman Allen stated that he voted against the resolution because he does not agree with the 27 foot streets, although he is in accordance with the plan of the proposed subdivision The President declared the resolution adopted By Councilman Ventura, seconded by Councilman Pinto and unanimously adopted, it was Page 7309 6652-65 RESOLVED that, having considered a letter dated June 10, 1965, from Mr Otto Hain, 34838 Wood Drive, Livonia, regarding an alleged complaint in the construction of the basement of his home, the Council does hereby refer this matter to the Bureau of Inspection for its report and recommenda- tion By Councilman Pinto, seconded by Councilman McCann and unanimously adopted, it was 6653-65 RESOLVED that, having considered the petition received by the City Clerk on June 21, 1965, from John Petrtyl, 35159 Parkdale, Livonia, Michigan, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing a parcel of land identified as Item No 02P58b1a3, so as to add a portion of same to the adjoining parcels, the legal descriptions of which are to be as follows Parcel 1 - The west half of tax item No 58bla3, and tax item 58bla4, of part of the S. W. 1/4 of Section 2, T 1 S , R 9 E. , City of Livonia, Wayne County, Michigan, Parcel 2 - The east half of tax item No 58b1a3, and tax item 58blalb, of part of the S. W. 1/4 of Section 2, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as shown on the map attached to the aforesaid petition which is made a part hereof by this reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds By Councilman Dooley, seconded by Councilman Ventura, it was 6654-65 RESOLVED that, having considered a letter dated June 14, 1965, from Joseph S Marlow, Distric Traffic Engineer, by E L Martin, of the Michigan State Highway Department, 17405 Lahser Road, Box 4707 Redford P. 0. , Detroit 19, Michigan, regarding the improvement of Plymouth Road (M-14) at the intersection of Levan Road, and Farmington Road, in the City of Livonia, Wayne County, Michigan, the Council does hereby determine to approve the preliminary plans proposed for these projects and does hereby request the Michigan State Highway Department to proceed with the development of final plans in this regard, and does hereby approve of the City's participation in the aforementioned betterment projects at an estimated cost in the amount of $14,037 50, which amount shall be appropriated from the Unappropriated Account to Account No 361-30 - Road Improvement, and the Chief City Engineer of the City of Livonia is hereby requested to proceed with the acquisition of such additional rights-of-way in the area of these projects as may be necessary for roadside signing of possible future sidewalks, etc , and the City Clerk is hereby requested to send a certified copy of this resolution to the Michigan State Highway Department at the aforesaid address. (Their File Ref , 82101-5 and 82101-29) A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Ventura, Pinto, Allen, Dooley, McNamara and Kleinert NAYS• None Page 7310 By Councilman McNamara, seconded by Councilman Dooley, it was #655-65 RESOLVED that, having considered the report and recommendation L dated June 21, 1965, from the Budget Director, approved by the Mayor, the Council does hereby accept the bid of Minnesota Mining and Manufacturing Company for supplying the City with the following described sign shop material for the prices indicated below QUANTITY M.M.M NO. ITEM UNIT TOTAL (OR EQUIV.) PRICE PRICE 20 2R4-7 Keep Right 18" x 24" S 2 85 S 47 00 10 2R3-2 No Left Turn 18" x 24" 2 85 28 50 10 2R11-1 Blank Faces w/border 18" x 24" 2.85 28 50 150 2R1-1 Stop 24" 3 6o 54o 00 1 HL-82 Heavy Duty Diaphragm 4' x 6' F.O.B. point of shipment 67 00 67 00 50 2R7-31F No Parking 12" x 18" 85 42 50 50 2R7-32F No Parking 12" x 18" 85 42 50 10 2R7-13F No Parking This Side of Street 12"x18" 85 8 50 10 2R7-4AF No Stopping or Standing Double Arrow 12" x 18" 85 8 50 2 Pkgs 2PLR-47 Holidays 1 05 2 10 2 Pkgs 2PLR-32 Sundays 95 1 90 20 2R6-1R One Way 36" x 12" 2.85 47 00 20 2R6-1L One Way 36" x 12" 2 85 47 00 10 2W41-1 Blank Face w/border 30" 5 60 56 00 10 2W9-1F School 36" 3 90 39 00 50 2R1-2 Yield r/w 30" 2 70 135 00 9 Pkgs #2270 Silver Series "B" Letters 6", 1 Pkg ea A, B, C, D, G, 0, P, R, S 4 30 38 70 9 Pkgs #2270 Silver Series "B" Letters 5", 1 Pkg ea. A, B, C, D, G, 0, P, R, S 3 35 30 15 2 Rolls#2277 Green Scotchlite 8" x 50 yds 106 00 212 00 13 Pkgs.#2270 4" Letters Series "B" 1 Pkg J, 2 Pkgs H, P, K, U, V, Y. 2 70 35 10 1 Roll #3667 Blue Scotchcal 6" x 50 yds 30 60 30.60, such having been in fact the lowest and only bid received for the aforementioned items A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Ventura, Pinto, Allen, Dooley, McNamara and Kleinert NAYS• None The following resolution was offered by Councilman Ventura and supported by Councilman McCann, #656-65 WHEREAS, under Section 131C of Act 2.06, Public Acts of 1893, as amended, the owners are permitted to further redeem properties of which the State becomes the owner on May 4, 1965 10106 WHEREAS, the municipalities in which the properties are located must approve the application of the owner to pay the 1964 and prior years' taxes, and, Page 7311 WHEREAS, the convenience of the taxpaying public demands that the information be obtained and arrangements to pay said taxes be accomplished in one office, NOW, THEREFORE, BE IT RESOLVED 1 That Louis H Funk, Wayne County Treasurer, is, by this resolution authorized to act as representative and agent of the City of Livonia for the purpose of approving the application of the property owners to pay the 1964 and prior years' taxes and accept the necessary monies, the same to be forwarded to Lansing, Michigan by him 2 That the County Treasurer if further authorized by the City of Livonia to request of the Department of Conservation, Lands Division, the witholding of properties from the auction sale until November 1, 1965, provided that sufficient monies are deposited with the County Treasurer to effect redemption 3 That the County Treasurer is to periodically report to the City of Livonia the properties withheld by him and that this Council is in turn to confirm said withholdings of the County Treasurer with notice of same to the Department of Conservation, Lands Division 4 That a copy of this resolution be mailed to the Department of Conservation, Lands Division, Lansing, Michigan A roll call vote was taken on the foregoing resolution with the following result AYES• McCann, Ventura, Pinto, Allen, Dooley, McNamara and Kleinert NAYS: None By Councilman McNamara, seconded by Councilman Allen and unanimously adopted, it was #657-65 RESOLVED that, the communication dated June 10, 1965, from the Chief City Engineer in regard to the jurisdiction of Wayne County Drains located within the City, is hereby referred to the Department of Law for an opinion as to whether or not such acceptance would endanger the use by the City of Chapter 20 of the Drain Code for the financing of future drainage projects By Councilman Dooley, seconded by Councilman Allen, it was #658-65 RESOLVED that, having considered a letter dated June 18, 1965, from the City Attorney, approved by the Mayor and Budget Director, wherein a request is made for additional appropriation to certain budget accounts of the Department of Law in the current budget, the Council does hereby determine to transfer the sum of $1600 from the Wages and Salaries Account of the Department of Law 146-1, to the following designated accounts in the amount set forth TO Acct No 146-44 - Miscellaneous S100 00 Acct No 146-45 - Office Supplies 600 00 Acct No 146-70 - Capital Outlay 900 00 S1,600 00 Page 7312 A roll call vote was taken on the foregoing resolution with the following result AYES• McCann, Ventura, Pinto, Allen, Dooley, McNamara and Kleinert RAYS None By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #659-65 RESOLVED that, having considered a letter dated June 18, 1965, from Builders Association of Metropolitan Detroit, 2316 Dime Building, Detroit 26, Michigan, regarding suggested modifications to the proposed new zoning ordinance, the Council does hereby refer this matter to the Legis- lative Committee for its report and recommendation By Councilman Allen, seconded by Councilman Dooley and unanimously adopted, it was #660-65 RESOLVED that, having considered a petition received June 22, 1965, by the City Clerk from Mr. Edward McCabe, 26631 Jennifer Ct , Redford, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing a lot described as item 12a72 of Garden Farms Subdivision located in the N. E. 1/4 of Section 12, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, into two parcels, each of which shall be 70 feet in width and each 190 feet in depth, as shown on the map attached to the aforesaid petition, which is made a part hereof by this reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds By Councilman Pinto, seconded by Councilman Allen and unanimously adopted, it was #661-65 RESOLVED that, having considered a communication dated June 18, 1965, from the Department of Law transmitting a Quit Claim Deed from Ben H Antonoff, Flora Antonoff, his wife, and Sandra Lackner, conveying to the City of Livonia property described as That part of the N. E. 1/4 of Section 26, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant due South along the East 1/4 line of said Section 26, 1216 90 feet and S 89° 49' W 33 0 feet from the N. E. corner of Section 26, T 1 S , R 9 E , proceeding thence S 89° 49' W 27.0 feet, thence due South 40 0 feet, thence N 89° 49' E 27 0 feet, thence due North 40 0 feet to the point of beginning, the Council does hereby accept the same for and on behalf of the City of Livonia, and the City Clerk is requested to file the Quit Claim Deed with the Wayne County Register of Deeds office and to do all other things neces- sary and incidental to the full performance of this resolution By Councilman McCann, seconded by Councilman Pinto and unanimously adopted, it was Page 7313 #662-65 RESOLVED that, having considered a communication dated June 18, 1965, from the Department of Law transmitting a Grant of Easement to the City of Livonia from Luap, Inc , for a 40-foot permanent easement and a 10-foot con- struction easement for installation of and maintenance of a sanitary sewer, a storm sewer and other public utilities in the vicinity of the north and south quarter section line of Schoolcraft Road, the Council does hereby accept the same, and the City Clerk is requested to file the Grant of Ease- ment with the Wayne County Register of Deeds office and to do all other things necessary and incidental to the full performance of this resolution. The following resolution was offered by Councilman McNamara, seconded by Councilman Allen and unanimously adopted #663-65 WHEREAS, pursuant to the direction of the City Council in its resolution #565-65, adopted on June 2, 1965, 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 June 22, 1965, an assessment roll dated June 18, 1965, covering the pro- posed improvement consisting of paving Amrhein Road from Levan Road to ap- proximately 1710 feet east of Eckles Road in Sections 29 and 30 in the City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in the said resolution #565-65, 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, at 8 00 P. M. , on Monday, August 2, 1965, to review the said special assessment roll at which time and place opportunity will be given to all 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 August 2, 1965, and 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 The following resolution was offered by Councilman McNamara, seconded by Councilman Allen and unanimously adopted #664-65 WHEREAS, pursuant to the direction of the City Council in its resolution #566-65, adopted on June 2, 1965, 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 June 22, 1965, an assessment roll dated June 18, 1965, covering the proposed Page 7314 improvement of paving Amrhein Road from Eckles Road to approximately 1710 feet east in Section 30 in the City of Livonia, Wayne County, Michigan, con- taining 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 #566-65, 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, at 8 15 P. M. , Monday, August 2, 1965, 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 anc circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of August 2, 1965, 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 Dooley, seconded by Councilman McNamara, it was #665-65 RESOLVED that, the letter dated June 24, 1965, from the Michigan Liquor Control Commission regarding a new location for Class C license for Anthony W Snycerski is hereby referred to the City Planner with the request that he advise the Council of the current zoning of the area designated 29229 West Six Mile Road as to whether or not that area would permit the location of a Class C liquor license A roll call vote was taken on the foregoing resolution with the following result AYES McCann, Ventura, Pinto, Allen, Dooley and McNamara NAYS: Kleinert The President declared the resolution adopted By Councilman Dooley, seconded by Councilman McCann, it was unanimously adopted, #666-65 RESOLVED that, the Chief City Engineer having filed with the City Clerk a statement dated May 25, 1965, on all matters required by Section 3.03 of Ordinance No 401, as amended, and first public hearing having been held thereon on June 28, 1965, after due notice as required by Section 3.04 of said ordinance, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 05 of said ordinance, 1) accept and approve said statement in all respects, 2) determine to make the improvement consisting of paving the east one- half of Harrison Avenue from Lyndon Avenue south to Gita Avenue in the Page 7315 S. W. 1/4 of Section 24 in the City of Livonia, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 3) approve the plans and specifications for said improvement as set forth in said statement dated May 25, 1965, 4) determine that the estimated cost of such improvement is $23,900 00, 5) determine that the cost of said improvement shall be paid for in part by the City at large, in proportions hereafter established, 6) that the proportion of the cost and expense of said improvement to be borne by the City shall be S3,617 14 for park site frontage and that the balance of said cost and expense of said public improvement amount- ing to S20,282 86 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, 7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon in the amount of four per cent (4%) per annum on unpaid balance, 8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A special assessment district in the S. W. 1/4 of Section 24, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point N 89° 31' 44" W, 324 57 ft and N 0° 07' 35" W 546.10 ft from the South 1/4 corner of Section 24, proceeding thence northeasterly 142 05 ft along a curve having a radius of 993 0 ft a central angle of 8° 11' 48", a long chord of 141 94 ft bearing N 3° 58' 19" E , thence S 81° 55' 47" E, 86 0 ft, thence northeasterly 204 96 ft along the arc of a curve having a radius of 950 0 ft , a central angle of 12° 21' 42", a long chord of 204 65 ft bearing N 14° 15' 04" E to a point of reverse curve, thence northeasterly 340 87 ft along a curve having a radius of 950 0 ft , a central angle of 20° 33' 20", a long chord of 339 04 feet bearing N 10° 09' 10" E to a point of tangent, thence N 0° 07' 35" W 1374 54 ft , thence S 89° 31' 28" E, 165 94 ft , thence S 0° 00' 35" E, 665 91 ft , thence S 89° 39' 14" E, 655.85 ft , thence S 0° 23' 30" W, 1101.68 ft , thence N 89° 28' 19" W, 317 30 ft , thence S 0° 16' 17" W, 2.78 0 ft , thence N 89° 26' 09" W, 655 20 ft to the point of beginning, 9) that the City Assessor is herebir directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and Page 7316 10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 07 of Ordinance No 401, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present same to the City Council prior to the holding of the second public hearing thereon required by Section 3 08 of the said ordinance. By Councilman Ventura, seconded by Councilman Pinto, it was #667-65 RESOLVED that, having considered the report and recommendation dated June 28, 1965, or the Water and. Sewer Committee of the Council, sub- mitted pursuant to resolution #389-65, regarding Water and Sewer Board resolution #WS 684 11/64, the Council does hereby approve the following applications at the estimated cost indicated. a) Sanitary Sewer Application No 3, requesting service, to 18965 Melvin - 10" line on Melvin between Clarita and Seven Mile Road at an estimated cost of S8,700 00, and b) Sanitary Sewer Application No 16, requesting service to lots 79 through 87 of Como Lake Subdivision (WS# 653 8/64) at an estimatee cost of S7,000.00. A roll call vote was taken on the Loregoing resolution with the following result AYES: McCann, Ventura, Pinto, Allen, Dooley, McNamara and Kleinert NAYS . None By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #668-65 RESOLVED that, the letter dated. May 27, 1965, from the Chief City Engineer regarding Wayne County Drain Commissioner's Miscellaneous Charges, is hereby tabled pending further report from Chester Pierce of the Drain Commissioner's office, and the report and recommendation of the Department of Law relative to the application, if any, of the agreement dated July 27, 1962, with the Wayne County Drain Commissioner to the miscellaneous charges referred to in the letter dated May 27, 1965 , from the Chief City Engineer. The following preamble and resolution were of'ered by Councilman Ventura and supported by Councilman McCann. #669-65 WHEREAS, it is necessary to locate, establish, construct and enclose a County drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows A closed drain along Newburgh Road, from Newburgh Lake northerly to theC & 0 Railroad, T 1S , R 9 E AND WHEREAS, in the opinion of the City Council, the location, establishing, constructing and enclosing of said drain is necessary for the public health of the City of Livonia, and the entire cost thereof , except that part representing benefits to State and County highways, should be assessed against the City of Livonia for public healtn, Page 7317 AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20, AND WTEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body In such case any petition required to be filed hereunder shall be sufficient if signed by such public corporation only NOW, THEREFORE, BE IT RESOLVED THAT: 1 The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20 of Act 40, Public Acts of Michigan, 1950, as amended, applicable to the location, establishing, constructing and enclosing of the drain set forth in the preamble hereof, and does hereby consent to the location, establish- ing, constructing and enclosing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed arain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign, for and on behalf of the City of Livonia, a petition praying for the location, establishing, constructing and enclosing of the drain set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES. McCann, Ventura, Pinto, Allen, Dooley, McNamara and Kleinert. NAYS. None. By Councilman McNamara, seconded by Councilman Allen and unanimously adopted, it was #670-65 RESOLVED tha+, the request dated June 30, 1965, from the City Treasurer for an appropriation for funds to cover increased cost in con- nection with the preparation of tay assessment rolls, tax bills, etc. , is hereby referred to the Wayne County Board of Auditors for an explanation as to what special services have been received by the City over and above other communities of comparable size and valuation, for this sum of money The following preamble and resolution were offered by Councilman McNamara and supported by Councilman Dooley Page Y318 4.671-65 WHEREAS, since 195b the salary of the Mayor has been established at a rate of 0400.00 per annum, and the salary of the City Treasurer at a rate of $6600 00 per annum, and that for the City Clerk at a rate of S7200.00 per annum, and WHEREAS, the growth of Livonia has been such that the responsibilities of these elected offices have significantly increased and thereby place a greater demand. on the time, effort and talents required for fulfilling these positions, and WHEREAS, it is only just and proper that city officials be granted a fair and equitable rate of compensation commensurate with the responsibilities and duties o' such offices, and WHEREAS, the United States of America, the State of Michigan, the City of Detroit, and many other units of government, provide that the com- pensation to be paid to elective executive officers shall be determined and established by the legislative branch of government, NOW, THEREFORE, BE IT RESOLVED that, the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council, and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of Michigan of 1909, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 30 in Chapter IV and Section 4 in Chapter V, which changed sections shall read as follows . Chapter IV, Section 30 Power of Council Over Salaries and Compensation The Council shall have no power to change the salary or compensation of any elected officer of the City, except the Mayor, City Treasurer, City Clerk and the Justice of the Peace. The salary or compensation of all other officers, including the Mayor, City Treasurer, City Clerk and the Justice of the Peace, may be 2xed, reduced or increased by the Council at any time, except that no salary or emoluments of any public orficial shall be changed after his election or appointment or during his term of office. Chapter V, Section 4. Compensation. The compensation of the Mayor shall be fixed by the City Council in an amount not less than $10,000 00 per annum, and that of the City Treasurer shall be not less than 88500 00 per annum, and that of the City Clerk shall be not less than $8500 00 per annum Except as otherwise provided by law or this Charter, tne salary and compensation of every other adminis- trative officer shall be fixed by the Council Such salaries shall be payable monthly, and, except as otherwise provided in this Charter, shall constitute the only salary or remuneration which may be paid for services RESOLVED FURTHER, that the provisions of existing sections of the Charter of the City of Livonia which are altered, abrogated or affected by this proposal, if adopted, now read as follows . Chapter IV, Section 30 Power of Council Over Salaries and Compensation. The Council shall have no power to change the salary or compensation of any elected officer of the City, Page 7319 except the Justice of the Peace The salary or compensation of all other officers, including the Justice of the Peace, may be fixed, reduced or increased by the Council at any time, except that no salary or emoluments of any public official shall be changed after his election or appointment or during his term of office Chapter V, Section 4 Compensation The compensation of the Mayor shall be Eight Thousand Four Hundred (s8,400.00) Dollars per annum, and that of the City Treasurer Six Thousand Six Hundred ($6,600 00) Dollars per annum, and that of the City Clerk shall be Seven Thousand Two Hundred ($7,200.00) Dollars per annum Except as otherwise provided by law or this Charter, the salary and compensation of every other administrative officer shall be fixed by the Council Such salaries shall be payable monthly, and, except as otherwise provided in this Charter, shall constitute the only salary or remuneration which may be paid for services RESOLVED FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows . City Charter amendments which authorize an increase in the minimum salary to be paid to the Mayor in an amount not less than Ten Thousand ($10,000.00) Dollars per annum, to the City Treasurer in an amount not less than Eighty-Five Hundred (s8,500.00) Dollars per annum, and to the City Clerk in an amount not less than Eighty-five Hundred (S8,500 00) Dollars per annum, as shall be fixed by the City Council, the foregoing to be subject to existing Charter limitations that prohibit a change in salary during the term of ofiice RESOLVED FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing statement of purpose of such proposed amendment to the Attorney General of the State of Michigan for his approval as provided by law RESOLVED FURTHER, that the proposed Charter amendment shall be and the same is ordered to be suomitted to the qualified electors of the City at the Special City election to be held on Tuesday, September 14, 1965, and the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law. RESOLVED further, that the proposed amendment shall be submitted to the electors in the following form, to-wit Are you in favor of authorizing an increase in the minimum salary to be paid to the Mayor in an amount not less than Ten Thousand (S10,000 00) Dollars per annum, to the City Treasurer in an amount not less than Eighty-five Hundred ($8,500.00) Dollars per annum Page 7320 and to the City Clerk in an amount not less than Eighty-Five Hundred ($8,500 00) Dollars per annum as shall be fixed by the City Council? YES 17:7 NO RESOLVED FURTHER, that the proposed amendment shall be published in full, together with the existing Charter provisions altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten days prior to said Special City election to be held on Tuesday, September 14, 1965. RESOLVED FURTHER, that the City Clerk be and is hereby ordered and directed to post within the machine booths and in the polling places in which said election is conducted, a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amend- ment pertaining to the submission of said, amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law. A roll call vote was taken on the foregoing resolution with the following result AYES : McCann, Ventura, Pinto, Dooley, McNamara and Kleinert NAYS: Allen The President declared the resolution adopted The following preamble and resolution were ofCered by Councilman Allen and supported by Councilman Ventura. #672-65 WHEREAS, adequate police protection and sufficiency of law en- forcement personnel, equipment, supplies and facilities are problems that touch and concern every citizen, resident and property owner in the City of Livonia, and WHEREAS, the Council of the City of Livonia has determined that there is an immediate and urgent need to not only maintain, but also expand the present police protection, its law enforcement personnel, equipment, supplies and facilities in the City of Livonia to keep pace with population growth and development of the community, and WHEREAS, the Council of the City. of Livonia has determined that in order to maintain proper standards of police protection and sufficient law enforcement personnel, equipment, supplies and facilities, it is neces- saryto levy and collect a tax of one (1) mill, on all real and personal property subject to taxation in the City of Livonia, in addition to the amount authorized for general municipal purposes, and WHEREAS, the Council has determined to submit such proposed Charter amendment to the electorate at a Special City Election to be held on Tuesday, September 14, 1965, Page 7321 NOW, THEREFORE, BE IT RESOLVED that, the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council, and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of Michigan of 1909, as amended, does hereby propose that there be submitted to the electors of such city at the Special City Election to be held on Tuesday, September 14, 1965, the following amendment to the City Charter PROPOSED CHARTER AMENDMENT CHAPTER VIII, SECTION 1 POWER TO TAX, TAX LIMIT. The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one- half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City, provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City. All Charter provisions or acts, or parts of acts, in conflict herewith are hereby repealed or altered accordingly That the existing Charter provision which would be altered or abrogated by the foregoing amendment is Section 1 of Chapter VIII, that Tuesday, September 14, 1965, is hereby designated as the date for holding a Special Election on said proposed amendment and question, said date being the same date as that on which a Special Election has been called by the City Council by resolution #671-65 adopted on June 30, 1965, that a certified copy of said proposed amendment and this resolution shall be forthwith trans- mitted by the City Clerk to the Governor of Michigan for his approval, that a certified copy of said proposed amendment and this resolution be forth- with transmitted by the City Clerk to the Attorney General for his approval of the Statement of Purpose and form of ballot as required by Act 117, Public Acts of 1955, that the City Clerk shall promptly and fully comply with all of the provisions of Section 21 of said Act 279, as amended, and shall do and perform all acts as required by state law and the Charter of the City of Livonia relative to the calling and holding of such Special Election, the giving of notice thereof, the registration of electors, the prepara- tion of ballots therefor, and the making of all necessary arrangements for such election, that blank paper ballots and voting machines for the use of electors at such election shall be in substantially the following form BALL O T INSTRUCTIONS A cross (x) in the square /7 before the word "YES" is in favor of the proposed amendment to the City Charter and a cross (x) in the square /7 before the word "NO" is against the proposed amendment. Before leaving the booth, fold the ballot so that the initials of the inspector may be seen on the outside Page 7322 CHARTER AMENDMENT PROPOSAL NO. 2 Shall Section 1 of Chapter VIII of the Charter of the City of Livonia be amended so as to authorize the City to levy and collect each year commencing on December 1, 1965, a tax not to exceed one (1) mill for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities in the City of Livonia? YES Q NO That the said proposed Charter amendment shall be published in full with existing Charter provisions which would be altered or abrogated thereby, that said proposed amendment, in full, shall be posted in a conspicuous place in each polling place, and that the canvass and determination of the votes on said proposed amendment shall be made in accordance with the laws of the State of Michigan PLEASE TAKE NOTICE THAT AT THE SPECIAL CITY ELECTION TO BE HELD IN THE CITY OF LIVONIA ON TUESDAY, SEPTEMBER 14, 1965, THE FOLLOWING CHARTER AMENDMENT PROPOSITION WILL BE SUBMITTED TO VOTE OF THE QUALIFIED ETECTORS OF THE CITY CHARTER AMENDMENT PROPOSAL NO. 2 Shall Section 1 of Chapter VIII of the Charter of the City of Livonia be amended so as to authorize the City to levy and collect each year commencing on December 1, 1965, a tax not to exceed one (1) mill for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities in the City of Livonia? YES NO Q PLEASE TAKE NOTICE THAT THE FOLLOWING IS THE EXISTING CHAR'I'ER PROVISION THAT WILL BE ALTERED OR ABROGATED BY THE FOREGOING PROPOSED CHARTER AMENDMENT Chapter VIII, Section 1 Power to Tax, Tax Limit The City shall have power to annually levy and collect taxes for municipal purposes but such levy shall not exceed one half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City That in the event the foregoing proposed Charter amendment is approved by the electorate at said Special City Clection, Chapter VIII, Section 1 will read as follows Chapter VIII, Section 1 Power to Tax, Tax Limit The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all Page 7323 real and personal property subject to taxation in the City, provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed 1/10 (one tenth) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing ad- ditional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Ventura, Pinto, Allen, Dooley, McNamara and Kleinert NAYS None At 9 36 P. M. , a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting COUNCILMAN Pinto introduced the following Ordinance AN ORDINANCE TO ESTABLISH DISTRICTS IN THE CITY OF LIVONIA, TO REGULATE THE USE OF LAND AND STRUCTURES THEREIN, TO REGULATE AND LIMIT THE HEIGHT, THE AREA, THE BULK AND LOCATION OF BUILDINGS, TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIED USES, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES, TO REGULATE THE DENSITY OF POPULATION, TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE, TO PROVIDE FOR A WARD OF APPEALS AND ITS POWERS AND DUTIES, AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THE TERMS THEREOF. *Councilman Dooley was excused at 10 15 P. M., for the balance of the meeting. The foregoing Ordinance, when adopted, is on file in the office of the City Clerk and is the same as if word for word repeated herein The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council On motion by Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, this 501st regular meeting of the Council of the City of Livonia was duly adjourned at 1 13 A. M. , July 1, 1965 /-12) Addison W Bacon, r ty 0 erk