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HomeMy WebLinkAboutCOUNCIL MINUTES 1965-09-22 Page 7432 MINUTES OF THE FIVE HUNDRED SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA L On September 22, 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 8:18 P. M. Councilman McNamara delivered the invocation Roll was called with the following result Present--Rudolf R Kleinert, Peter A Ventura, Charles J Pinto, Edward G Milligan, 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, John Dufour, Superintendent, Parks and Recreation, Daniel R Andrew, Industrial Coordinator, Thomas J Griffiths, Jr , Chief Accountant, Victor C Phillips, Budget LDirector, Joel LaBo, Director of Public Safety, A. V. Rosenthal, Librarian, Mrs Peggy Miquelon, Library Commission, Carl Demek, Superintendent of Operations Division, Richard Jones, Assistant Superintendent of Operations Division, and William J Strasser, Chief City Engineer By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #871-65 RESOLVED that, the minutes of the 506th regular meeting of the Council of the City of Livonia held on September 8, 1965, are hereby approved The President of the Council announced the receipt of a letter dated September 22, 1965, from the Mayor, regarding the 1965-66 Budget Councilman Dooley made the following statement for the record: I have been advised by the City Clerk, Mr Bacon, who is present here tonight, that the Budget for the fiscal year 1965-66 was delivered to the Clerk of the Council on September 15th I have been further advised by the Budget Director of the City of Livonia, Mr Phillips, who is also here tonight, that he has a copy of this Budget Page 7433 I have this night demanded of Mr Bacon and Mr Phillips that they deliver to me, a Councilman of the City of Livonia, a copy of the Budget which was delivered to the Clerk on September 15th Both Mr Bacon and Mr Phillips have refused to deliver to me a copy of that Budget Mr Bacon says that ne doesn't have a copy to give to me for the reason that he gave the copies back to whoever delivered them to him. Mr Phillips states to me that he does have a copy of it and I formally here and now demand of Mr Phillips that he deliver to me, a Councilman, a copy of the Budget. If I have made any error in my statement, I am willing to be corrected by Mr. Bacon or Mr Phillips, who are both here. If my statement is accurate and if Mr Phillips refuses to deliver to me a copy of the Budget he now has, I will introduce a resolution directing the Legal Department to institute proceedings to obtain the Budget that was delivered to tne Clerk on September 15th Mr Dooley asked Mr Bacon if his statement was correct and Mr Bacon replied that it was. Mr Phillips also stated that he had no corrections to the statement By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #872-65 RESOLVED that, the Department of Law, as Charter appointed attorneys for this Council, be and are hereby directed to take any and all recourses available to the Council to cause the delivery to this Council of at least one copy of the Budget that has heretofore been delivered to the Clerk of the Council on September 15, 1965 The communication dated September 16, 19E5 , from the Department of Law, containing Opinion No 65-31, regarding the L pay raise for firemen and police officers, submitted pursuant to resolutions #832-65 and #768-65, was received and filed The communication dated September 16, 1965, from the Department of Law, containing Opinion No. 65-32, regarding responsibilities of the Civil Service Com- mission to the Mayor and the City Council, submitted pursuant to resolution #833-65, was received and filed Page 7434 By Councilman McNamara, seconded by Councilman Milligan, it was #873-65 RESOLVED that, having considered a communication dated September 3, 1965, from the City Clerk, submitted pursuant to resolution #814-65, to which is attached a revised bill for services, dated April 15, 1965, rendered by the law firm of Miller, Canfield, Paddock and Stone, 2500 Detroit Bank & Trust Building, Detroit 26, Michigan, in connection with the $4,340,000 00 Wayne County Metropolitan Sewerage and Sewage Disposal System Bonds (Livonia Section), Series III, the Council does hereby approve and authorize the pay- ment in the amount of $13,870 34 to the said firm of Miller, Canfield, Paddock and Stone, and the City Clerk and City Treasurer are hereby authorized to do all things necessary to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES• McNamara, McCann, Ventura, Pinto, Milligan, Dooley and Kleinert NAYS• None By Councilman Dooley, seconded by Councilman McNamara, it was #874-65 RESOLVED that, having considered a communication dated August 13, 1965, from the Mayor which transmits a "Memorandum of Understanding" from the Michigan State Highway Department required in connection with the Federal-Aid Highway Act of 1962, pertaining to Urban Transportation Planning for the Six-County area in the Detroit Region, and having also considered the presentation made by Messrs Boatman and Rubin of the State Highway Depart- ment at the study session of the Council on September 8, 1965, the Council does hereby authorize the Mayor and City Clerk to affix their signatures to said "Memorandum of Understanding" for and on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution, and the City Clerk is requested to transmit four executed copies of the Memorandum together with a copy of this resolu- tion to the Michigan State Highway Department, Stevens T. Mason Building, Lansing, Michigan, 48926, to the attention of E. A. Bellenbaum, Chief Planning Engineer, Office of Planning A roll call vote was taken on the foregoing resolution with the following result• AYES: McNamara, McCann, Ventura, Pinto, Milligan, Dooley and Kleinert NAYS• None By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #875-65 RESOLVED that, having considered a communication dated August 27, 1965, from the Department of Law which transmits a proposed "Traffic Rules and Regulations Book" to be used in connection with the proposed new Traffic Ordinance, the Council does hereby refer the same to the Legislative Committee for its report and recommendation in connection with the proposed new Traffic Ordinance By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was Page 7435 #876-65 RESOLVED that, having considered a communication dated August 26, 1965, from the Department of Law, submitted pursuant to resolution #640-65, which submits an opinion No 4211, dated November 18, 1963, from the Attorney General relative to the creation of a Civil Rights Commission by a home rule City, the Council does hereby refer the same to the Legis- lative Committee for the purpose of having said committee meet with the citizens interested in discussing this matter further By Councilman Pinto, seconded by Councilman Milligan and unanimously adopted, it was #877-65 RESOLVED that, having considered Opinion No 65-28, dated August 25, 1965, from the Department of Law, submitted pursuant to resolution #800-65, regarding the regulation of oil and gas wells, the Council does hereby re- quest the City Planning Commission to conduct a public hearing on the question of whether or not an amendment should be made to the Zoning Or- dinance, No 543, which would specifically prohibit the drilling of oil and gas wells within the corporate limits of the City of Livonia and to thereafter make a report and recommendation to the City Council The communication dated August 27, 1965, from the Department of Law, con- taining Opinion No 65-29, submitted pursuant to resolution #803-65, regarding the propriety of allowing the service of traffic warrants by constables in lieu of police officers of the City of Livonia as well as the validity of paying constables for services rendered in this connection, was received and filed By Councilman Dooley, seconded by Councilman McCann, it was #878-65 RESOLVED that, having considered a communication dated September 1, 1965, from the Department of Law regarding the proposed renewal of a contract with the Recreation Music and Dance Services, Inc , a Michigan Corporation, of 8231 Vermont, Warren, Michigan, and Clarence Spiewak and Judy Spiewak, which agreement would be for a two year period from August 1, 1965, through July 31, 1967, inclusive, and which agreement is in connection with the conduct of a recreation music and dance program in the City of Livonia, the Council does hereby approve of the proposed agreement by and between the City and the aforesaid parties in the manner herein submitted and does hereby authorize the Mayor and City Clerk to affix their signatures to such agreement for and on behalf of the City of Livonia and to do all other things necessary and 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, Milligan, Dooley and Kleinert NAYS• McNamara The President declared the resolution adopted Page 7436 By Councilman Dooley, seconded by Councilman Pinto, it was RESOLVED that, having considered a communication dated August 25, 1965, from the Budget Director regarding the annual salary to be provided for the position of the Youth Employment Director, the Council does hereby approve establishing the annual salary of the Youth Employment Director in the amount of S5,722 00 per annum, effective October 1, 1965, and to the extent necessary all prior resolutions are hereby amended and modified for this purpose By Councilman Ventura, seconded by Councilman McNamara, it was #879-65 RESOLVED that, having considered a communication dated August 24, 1965, from the Budget Director regarding the annual salary to be provided for the position of the Youth Employment Director, the Council does hereby table this matter A roll call vote was taken on the foregoing resolution with the following result- AYES McNamara, McCann, Ventura and Kleinert NAYS• Pinto, Milligan and Dooley The President declared the resolution adopted By Councilman Ventura, seconded by Councilman McCann and unanimously adopted, it was #880-65 RESOLVED that, having considered a petition dated August 24, 1965, from certain residents on Hugh Street, regarding the seal-coating of their street, the Council does hereby refer the same to the Director of Public Works for his report and recommendation By Councilman Dooley, seconded by Councilman Pinto, it was #881-65 RESOLVED that, having considered a communication dated August 27, 1965, from the Budget Director and the City Clerk wherein they indicate that they have authorized renewal of the present coverage, effective August 19, 1965, for Workmen's Compensation Insurance with the City's carrier, Sentry Insurance Company, the Council does hereby concur in the said renewal of same, subject to such changes as may be made as a result of an insurance audit report authorized in resolution #543-65, which report is to be re- ceived within the next two to three weeks A roll call vote was taken on the foregoing resolution with the following result• AYES• McNamara, McCann, Ventura, Pinto, Milligan, Dooley and Kleinert NAYS None By Councilman Pinto, seconded by Councilman Milligan and unanimously adopted, it was #882-65 RESOLVED that, having considered the report dated September 2, 1965, from the City Planning Commission, submitted pursuant to resolution #385-65, Page 7437 wherein the Planning Commission has reviewed the underdrain policy as re- commended by the Water and Sewer Board, the Council does hereby refer the same to the Water and Sewer Committee of the Council for its report and recommendation By Councilman Pinto, seconded by Councilman Ventura and unanimously adopted, it was #883-65 RESOLVED that, having considered a letter dated August 6, 1965, from Tomorrows Homes, Inc . , 13101 West Seven Mile Road, Detroit 35, Michigan, by Bernard Edelman, regarding the improvement of Hix Road with a 43-foot right-of-way, for the purpose of developing lands owned by this company lying adjacent to Melody Manor Subdivision, the Council does hereby refer the same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Dooley and unanimously adopted, it was #884-65 RESOLVED that, the City Council has considered the report of the Civil Service Commission, dated August 18, 1965, forwarding resolutions of the Commission (adopted on August 17, 1965), which amongst other things recommends (1) . the establishment of a new classification of Public Safety Officer in the Police Division; and (2) the establishment of new salary rates for all classifications in the Fire and Police Divisions of the Department of Public Safety, further, and in connection with this proposal, the Council has considered and observed the following matters (1) The Commission states as its reason for resorting to such a program "that such a program is currently the only way to provide the City of Livonia with adequate police and fire protection within funds available now and in the next several years" This is observed as an unwarranted presumption since the Commission must have known on August 17, 1965, of the election to be held on September 14, 1965, seeking an additional one mill for additional police protection. In any event, the very basis for the program would now appear mitigated, if not eliminated, since the additional one mill levy was approved making approximately S350,000 extra funds available in future years for additional police protection (2) The Commission states in its August 17, 1965, resolution that it had "Intensively studied the public safety functions of the City in the last several weeks" That statement appears somewhat incongrous with other portions of the resolution which indicate that the Public Safety Officer proposal was first received on August 4, 1965, and approved by the Commission within one week, on August 10, 1965 (3) The report of the Director of Public Safety, made and submitted tote Council on September 8, 1965, indicated amongst other things that resort to the program was prompted by lack of funds which caused police resignations, an insufficient number of policemen and low wages Since that report, the additional one mill levy has been approved and as stated above this mitigates substantially, if not entirely, the reasons given by the Director as prompting such program Page 7438 (4) The report of the Director of Public Safety and the report of the Com- mission leave many questions unanswered regarding the administration of the proposed program, i e. , (a) At what point does the general 7% pay increase become effective for all other personnel in the divisions? . . . when the classifi- cation is approved . when the first application is approved etc . If an insufficient number of public safety applications are received, do all other personnel retain the 7% increase? (b) What is the basis for presuming that any and all firemen are qualified automatically to b4come Public Safety Officers in the Police Division and to perform all ordinary functions of Police officers without first meeting the established test standards for policemen? (c) Does the Public Safety Officer vehicle receive its orders from the Police Chief or the Fire Chief? What determines the priority of command? (d) Does a policeman or a fireman, retaining that classification, ever become qualified for promotion? -- Noting here that the Public Safety Officer is a classification only in the Police Division. (e) Why are the classifications of the firemen and policemen being retained at all -- if the intent of the program is to create dual purpose safety officers? (f) This program contemplates replacing the already resigned police- men with firemen who apply for the position of Public Safety Officer Is it this savings in salary that makes the 7% increase available? (g) Have legal opinions been obtained indicating that promotions to the rank of Public Safety Officer can be made without competitive promotional examination and that new employees can be hired as Public Safety Officers without first being promoted from the rank of policeman and fireman? The Civil Service Commission resolution refers to Public Safety Officer as a promotion from the rank of policeman or fireman (h) What is the effect of this proposed program on "the block system" created by Charter to govern promotions in the Fire Department? These questions and many others neither raised nor answered in the reports of either the Director or the Commission, which may indicate that there are problems which have not been considered. Since the proposed program relates most directly to the quality of law enforcement and fire protection in the City, this Council must be assured that the program has been thoroughly reviewed from every vantage point, that it can and will be properly administered that it will not reduce either the stability or quality of public safety protection, and that it will not result in a "discount" type of police and fire protection which reduces present standards. (5) The personnel of both the Fire and Police Divisions have almost unanimously written and voiced objections to the proposed program. Indeed, only the Mayor, Civil Service Commission and the Director endorsed the program--none of whom are trained fire and police administrators Neither the Police Chief nor the Fire Chief has re- commended the program to the best knowledge of the Council Since the program purports to provide an automatic 7% increase for all fire and police personnel, their objections certainly cannot be presumed to be self serving The force, extent and scope of these objections create a reasonable doubt regarding the implementation of this program Page 7439 in any event at this time without great dissension, further resignations and a general lowering of morale in the divisions. It occurs to the Council that an orientation program shall have been undertaken by either the Commission or the Director to fully acquaint personnel with the merits, if any, of the proposed program. Certainly this would have to be done at some time. Based upon the above considerations and observations, this Council cannot, at this time, agree with the implementation of the proposed Public Safety program, rather, the proposal is referred back to the Civil Service Com- mission for its further review and report relative to each consideration and observation noted in this resolution By Councilman McNamara, seconded by Councilman Ventura, it was #885-65 RESOLVED that, the Council being cognizant of the failure of certain City administrative officials to act in compliance with the action taken by the City Council on August 4, 1965, in its resolution #768-65, wherein certain salary increases for designated personnel in the classified service were authorized, the actual salary payments at the new rates to be made at the earliest possible date, the Council does hereby request that the Department of Law institute such legal proceedings as may be necessary in order to effectuate the intent and purpose of the aforesaid resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES• McNamara, McCann, Ventura, Pinto, Milligan and Dooley NAYS• Kleinert. The President declared the resolution adopted. By Councilman Pinto, seconded by Councilman Milligan and unanimously adopted, it was #886-65 RESOLVED that, since the Department of Law has determined the 4% salary increase for Department of Public Safety personnel is ineffective, having considered the report made and written by the Director of Public Safety on September 8, 1965, indicating amongst other things insufficient funds in the Police Budget resulting in low wages and an inadequate number of policemen and an additional one (1) mill tax levy for police protection purposes having been approved at a Special Election on September 14, 1965, the Council therefore requests the Civil Service Commission to immediately submit its new recommendation for an improved salary schedule in the Police Division, and the Council urges that this be done as soon as possible, since an improved schedule is likely to increase the number and quality of applicants. By Councilman Dooley, seconded by Councilman Pinto, it was #887-65 RESOLVED THAT, HAVING reviewed the resolution of the Civil Service Commission, adopted at their 397th regular meeting on June 1, 1965, and confirmed at their 398th meeting on June 8, 1965, relative to classifications in the Detective Bureau, the Council does hereby concur with said action as follows• Page 7440 i) that a new classification of Detective Captain at Salary Grade 133 with a range of $7820.80 to $8486 40 with two years to maximum be established. 2) that the present position of Dective Lieutenant be reclassified to Detective Captain. 3) that the present positions of Sergeant in the Detective Bureau be reclassified to Lieutenant with a salary range of S7134 to S7737.60. 4) that the present positions of Corporal assigned to detective work and identification work be reclassified to Sergeant with a salary range of S6510.40 to S7009.60, Provided, however, that provisions be made administratively within the Police Department so that the police officers of lesser rank transferred into the Detective Bureau for training and experience shall not be promoted to the position of Sergeant until such time as they may be fully qualified to fill the position of Sergeant in that bureau, that changes as confirmed herein be effective at the start of the first pay period following the effective date of this resolution, and that if additional funds are required to provide for these changes to complete the present fiscal year, the Budget Director is directed to so advise the Council without delay. Councilman Ventura made the following statement I am not opposed to the granting of pay raises in the Detective Bureau, but I am opposed to the changing of the classification, that is in rank. By Councilman McCann, seconded by Councilman Ventura, it was RESOLVED that, the matter of salary schedule for the Detective Bureau be tabled at this time. A roll call vote was taken on the motion to table with the following result: AYESMcCann, Ventura and Kleinert NAYS: McNamara, Pinto, Milligan and Dooley The President declared the motion to table denied. A roll call vote was taken on resolution #887-65, with the following result' AYES: McNamara, Pinto, Milligan, Dooley and Kleinert. NAYS : McCann and Ventura. The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman McNamara, it was #888-65 RESOLVED that, having considered a communication received by the City Clerk September 7, 1965, from the City Treasurer regarding the re- placement of sidewalks on Five Mile Road between Merriman Road and Middle- belt Road in the City of Livonia, which work was done pursuant to resolution #352-64, and in accordance with the provisions of Section 5 5 of Ordinance No. 446, the Street Ordinance, and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the giving of such notice Page 7441 with such charges remaining unpaid, the Council does hereby, pursuant to the provisions of Section 5 5 of Ordinance No 401, as amended, the Special Assessment Procedure Ordinance, adopt this resolution wherein a special assessment is placed upon such property for said charges, the Council does further authorize that those assessments which exceed S100 may be paid in ten (10) installment payments at a rate of interest not to exceed 4% per annum; the Council does further request that the City Clerk shall give notice of the amounts herein determined to the several persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assessment roll of the City and where payments herein authorized are not made within the specified time, this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount, together with a penalty of 10% of such amounts, against the persons or real property chargeable therewith on the next general tax roll, 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: McNamara, McCann, Ventura, Pinto, Milligan, Dooley and Kleinert. NAYS: None. By Councilman Pinto, seconded by Councilman McNamara and unanimously adopted, it was #889-65 RESOLVED that, having considered a letter dated August 9, 1965, from George Shanklin, 32295 W. Seven Mile Road, Livonia, wherein he makes an offer to sell certain property to the City of Livonia, the Council does hereby take this means to advise Mr. Shanklin that the City is not in a position at the present time to accept the said offer of sale. By Councilman Pinto, seconded by Councilman McCann and unanimously adopted, it was #890-65 RESOLVED that, having considered a petition dated August 5, 1965, from certain residents who live in the vicinity of an easement located be- tween 1567 - and 15706 Golfview Avenue, the Council does hereby refer this matter to the Engineering Division and the Operations Division for such action as may be necessary in order to alleviate the existence of the condition complained of and to thereafter submit a report regarding the same. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #891-65 RESOLVED that, having considered a communication dated August 10, 1965, from the Merri-Five Property Owners Association, Inc. , Livonia, to which is attached a 15-page petition dated July 19, 1965, requesting the opening of Henry Ruff Road north of Five Mile Road to Rayburn Avenue, as a public thoroughfare, and having also considered a Memorandum, dated Septem- ber 20, 1965, received from William J Gillelan, Jr. , in opposition to same, the Council does hereby refer the same to the Engineering Division for its report and recommendation. Page 7442 At 9.37 P. M., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting By Councilman McNamara, seconded by Councilman Milligan, it was #892-65 RESOLVED that, the Chief City Engineer having filed with the City Clerk a statement dated June 2, 1965, as modified by a subsequent letter dated September 14, 1965, on all matters required by Section 3 03 of Or- dinance No. 401, as amended, and a first public hearing having been held thereon on July 26, 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 except so as to delete and exclude from same the sidewalk installation proposed for the north side of Seven Mile Road from Lathers to Weyher, 2) determine to make the improvement consisting of sidewalk installa- tion on Lathers Avenue from Seven Mile Road to 1300' ± North, and on Brentwood Avenue from Seven Mile Road to Pembroke Avenue, in the S. W. 1/4 of Section 1, 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 June 2, 1965, as modified by a sub- sequent letter dated September 14, 1965, 4) determine that the estimated cost of such improvement is $23,071.35, 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 $2,087.60, and that the balance of said cost and expense of said public improvement amounting to $20,983.75 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 S. W. 1/4 of Section 1, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more particularly described below• That part of the S 1/2 of Section 1 described as beginning at a point distant N 2° 09' 50" W 60.0 feet and S. 87° 30' 20" W, 240.0 feet from the S 1/4 corner of said Section 1 and proceed- ing thence S. 87° 30' 20" W, 180.0 ft, thence N. 2° 09' 50" W, Page 7443 270.00 ft, thence S 87° 30' 20" W, 240 00 ft, thence N 1° 47' 40" W 2074.64 ft, thence N 87° 54' 13" E. 367 31 ft, thence N 1° 39' 43" W. 149.90 ft, thence N 88° 27' 50" E 150.00 ft, thence S. 1° 39' 43" E 148.10 ft. , thence N. 87° 54' 13" E 150.00 ft , thence S. 1° 39' 43" E 1112.40 ft. , thence East 660 00 ft , thence South 977 60 ft , thence West 240.00 ft , thence South 270.00 ft. , thence S 87° 30' 20" W. 180 00 ft , thence N 2° 09' 50" W 270.00 ft. , thence S. 87° 30' 20" W 480.00 ft. , thence s. 2° 09' 50" E 270.00 ft to the point of beginning, 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 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 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 the 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 Ventura, seconded by Councilman Pinto, it was RESOLVED that, the foregoing resolution be amended to delete the sidewalks on Lathers Street A roll call vote was taken on the amendment with the following result• AYES: Ventura NAYS McNamara, McCann, Pinto, Milligan, Dooley and Kleinert The President declared the resolution denied. A roll call vote was taken on resolution #892-65, with the following result: AYES: McNamara, McCann, Pinto, Milligan, Dooley and Kleinert. NAYS• Ventura. The President declared the resolution adopted By Councilman Dooley, seconded by Councilman Ventura and Unanimously adopted, it was #893-65 RESOLVED that, having considered a letter dated August 20, 1965, from Mr. and Mrs. Thomas Scott, 30920 Rayburn, Livonia, regarding the Page 7444 alleged existence of a drainage problem in the area, the Council does hereby refer the same to the Engineering Division for such action as may be required in order to alleviate this situation and to thereafter report back to the City Council relative to the disposition of same By Councilman McNamara, seconded by Councilman Milligan and unanimously adopted, it was #894-65 RESOLVED that, having considered a letter dated August 25, 1965, from Donald M Burns, 34850 Six Mile Road, Livonia, requesting permission, in lieu of prior permission, to tap a manhole located on the north side of Six Mile Road approximately 670 feet east of his property line, the Council does hereby refer the same to the Engineering Division for its report and recommendation By Councilman Pinto, seconded by Councilman McNamara and unanimously adopted, it was #895-65 RESOLVED that, having considered a communication dated June 10, 1965, from the City Planning Commission containing its resolution #6-112-65 adopted on June 1, 1965, wherein Part I of the Master Thoroughfare Plan is amended so as to delete Alois Avenue from Amrhein Road to Plymouth Road in the South 1/2 of Section 30 in the City of Livonia, the Council does hereby acknowledge receipt of same in accordance with the provisions of law By Councilman McNamara, seconded by Councilman Milligan and unanimously adopted, it was #896-65 RESOLVED that, the letter dated August 23, 1965, from the City Planning Commission regarding the I-96 Freeway, is hereby referred to the Streets, Roads and Plats Committee. By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was #897-65 RESOLVED that, having considered a letter dated August 25, 1965, from William J Charron, President, Metropolitan Council No. 23, AFSC&ME, AFL-CIO, and William J. Patrick, President, Local 192 AFSC&ME, AFL-CIO, re- garding the existence and disposition of certain alleged grievances by employees who are members of Local 192 AFSC&ME, AFL-CIO, the Council does hereby refer the same to the Civil Service Commission for its report and recommendation so that upon receipt of same, the Council may then give further consideration to this matter By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #898-65 RESOLVED that, having considered a communication dated August 23, 1965, from the President, Vice-President, Secretary, and Treasurer of the Livonia Fire Fighters Association, Local No 1164, IAFF, AFL-CIO, 29644 Grandon, Livonia, requesting recognition as the sole bargaining unit for the Livonia employees of the Fire Department, the Council does hereby refer the same to the Department of Law for its report relative to the applicable state law in this regard. Page 7445 By Councilman McNamara, seconded by Councilman Pinto and unanimously adopted, it was #899-65 RESOLVED that, having considered a communication dated August 24, 1965, from the President, Vice-President, Secretary and Treasurer of the Livonia Fire Fighters Association, Local No. 1164, IAFF, AFL-CIO, 29644 Grandon Avenue, Livonia, which advises the Council that the firefighters will no longer volunteer to work in excess of 56 hours per week, the Council does hereby acknowledge receipt of same, and based upon verbal representa- tions made by Ronald J. Abraham, Vice President, at the study session of the Council on September 8, 1965, wherein he indicated that there are presently available for employment six qualified and eligible applicants who had not been hired to fill existing vacancies in the Fire Department, although there is money presently available in the budget for this purpose, the Council does hereby request that the Civil Service Commission submit its report and recommendation with respect to this matter. By Councilman Milligan, seconded by Councilman Ventura, it was #900-65 RESOLVED that, having considered a communication dated August 19, 1965, from the Personnel Director, approved by the Budget Director, which transmits a resolution adopted on August 17, 1965, by the Civil Service Commission, the Council does hereby concur in and approve said recommenda- tion, for the payment of premium pay in the amount of 10 cents per hour for wage grade employees working afternoon and midnight shifts, such employees to be considered eligible where regularly scheduled shifts start between 2 P. M. and 4 A. M. , this action not to be construed as modifying Council resolution #711-62 which previously provided a 5% premium pay for employees presently covered therein, and the Council does hereby appropriate the sum of 51536 from the Unappropriated Surplus Account to Account #245-1 for this purpose, such premium pay to be retroactive to July 19, 1965. A roll call vote was taken on the foregoing resolution with the following result• AYES : McNamara, McCann, Ventura, Pinto, Milligan, Dooley and Kleinert. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #901-65 RESOLVED that, the Council does herein determine that it is neces- sary to locate, establish and enclose a drain to be known as the Farmington Road Storm Relief Sewer in Sections 28, 29, 33 and 34 of the City of Livonia as shown on the plans for this project prepared by the firm of John E Hiltz and Associates, Inc. , and attached to a communication from the Mayor dated August 11, 1965, the estimated cost of which is S1,900,000 00, and the Council does herein also determine that such project shall be constructed and financed under the provisions of Chapter 20 of Act 40 of the Public Acts of 1956, as amended, and that the entire cost of such project will be assessed at large against the City, except that portion representing drainage benefits to public highways of the State or County of Wayne, and the Office of the Wayne County Drain Commissioner is hereby requested to prepare and submit to this Council all necessary and proper resolutions and petitions required by the aforementioned Act in connection with the proposed project as soon as is possible in order that the same may be properly adopted and executed, and the City Clerk is hereby requested to Page 7446 immediately transmit certified copies of this resolution to the Office of the Wayne County Drain Commissioner and the legal firm of Miller, Canfield Paddock and Stone. LA roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Milligan, Dooley and Kleinert. NAYS: None By Councilman McCann, seconded by Councilman Pinto, it was #902-65 RESOLVED that, having considered a letter dated August 6, 1965, from the Director of Public Safety, approved for submission by the Mayor and Budget Director, requesting an additional appropriation for the purpose of obtaining winter uniforms for the Police Department, the Council does hereby approve the transfer of S2,660.00 from Account No. 184-1 to Account No. 184-59 of the Police Department Budget for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES : McCann, Ventura, Pinto, Milligan, Dooley and Kleinert. NAYS: McNamara. The President declared the resolution adopted By Councilman McCann, seconded by Councilman Pinto, it was #903-65 RESOLVED that, having considered a letter dated August 2, 1965, from the Director of Public Safety, approved for submission by the Mayor, requesting an increase in the service fee previously established in Council resolution #453-58, for the purpose of covering the cost of furnish- ing photostat copies of accident reports to the public, the Council does hereby amend and modify said resolution #453-58, so as to establish the service fee to be charged in the amount of $1.50, the effective date of such new rate to be retroactive to July 27, 1965. By Councilman Dooley, seconded by Councilman McNamara, it was RESOLVED that, the foregoing resolution be amended to allow a charge of S2.00 for photostats in the Police Department. a roll call vote was taken on the amendment with the following result: AYES: McNamara, Dooley and Kleinert. NAYS: McCann, Ventura, Pinto and Milligan The President declared the amendment denied A roll call vote was taken on resolution #903-65, with the following result: AYES: McCann, Ventura, Pinto, Milligan, Dooley and Kleinert NAYS. McNamara. The President declared the resolution adopted. Page 7447 By Councilman McNamara, seconded by Councilman Milligan, it was RESOLVED that, having considered a communication dated September 3, 1965, from the City Clerk wherein he indicates that he has received from the Treasurer of the County of Wayne a check in the amount of 8613.50 for services rendered as Registrar of Vital Statistics for the fiscal year April, 1964, through March, 1965, the Council does hereby request that the City Clerk submit a report to the City Council with regard to the status and disposition of sums received prior to the aforesaid fiscal year, April, 1964, through March, 1965, and the Department of Law is requested to advise the Council of whatever action may be necessary. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara and Milligan NAYS: McCann, Ventura, Pinto, Dooley and Kleinert. The President declared the resolution denied The letter dated September 3, 1965, from the City Clerk, regarding Annual Fees - Vital Statistics, was received and filed Councilman Ventura introduced the following Ordinance : AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition V-85) 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 above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Pinto, seconded by Councilman Ventura, it was #904-65 RESOLVED that, having considered a communication dated August 25, 1965, from the Chief City Engineer, approved by the Acting Director of Public Works and the Water and Sewer Commissioner, regarding the extension of the sanitary sewer being constructed on Shadyside Street from Eight Mile Road southerly to approximately 1800 feet, in Area 4b, in the City of Livonia, said extension to be an additional 330 feet southerly on Shadyside, the Council does hereby concur in the aforesaid additional sewer extension, and the City Clerk is requested to send a certified copy of this resolution to the Board of Wayne County Road Commissioners for appropriate action to be taken by the Board to carry out the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Milligan, Dooley and Kleinert. NAYSNone. Page 7448 The following resolution was offered by Councilman Ventura and supported by Councilman McNamara* #905-65 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 31, for the in- stallation of 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 required by the provisions of the City Charter and Ordinance No. 401, as amended, of the City of Livonia, a public hearing thereafter having been held thereon on Monday, September 20, 1965, at 8 o'clock P. M. , at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 31; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council does hereby determine that the assess- ments set forth in said Special Assessment Roll dated July 21, 1965, in the amount of S30,850.20 are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the Chief City Engineer and resolutions of the City Council, 2. Said Special Assessment Roll No. 31 is hereby approved and confirmed in all respects, 3. The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of four per cent (4%) per annum on the unpaid balance of the assessment from the date of con- firmation. In such cases where the installments will be less than Ten Dollars (S10 00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars (810.00) as possible. The first installment shall be due and payable October 1, 1966, and sub- sequent installments on Decemoer lot of succeeding years, 4. Pursuant to the provisions of Section 3.10 or Ordinance No. 401, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is re- quired by Section 6.03, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 6 03. Any property owner assessed may, within sixty (60) days from the date of confirmation of the roll, pay the whole or any part of the assessment without interest or penalty 5 The first installment shall be spread upon the 1966 City tax roll in the manner required by Section 6.05 of Ordinance No. 401, as amended, together with interest upon all unpaid installments from the date of confirmation of the roll to December 1, 1966, and thereafter one (1) installment shall be spread upon each annual tax roll, together with one Page 7449 (1) year's interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (60) day period as provided by Section 6 04, or after the expiration of the sixty (60) day period as provided by Section 6 07, then there shall be spread upon the tax roll for such year only the interest for all unpaid install- ments. A roll call vote was taken on the foregoing resolution with the following result* AYES: McNamara, McCann, Ventura, Pinto, Milligan and Dooley NAYS* Kleinert. The President declared the resolution adopted. The following resolution was offered by Councilman Dooley and supported by Councilman McCann' #906-65 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 32, for the in- stallation of paving on the East 1/2 of Harrison Avenue from Lyndon Avenue south to Gita Avenue in the S. W. 1/4 of Section 24, City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Ordinance No. 401, as amended, of the City of Livonia, a public hearing thereafter having been held thereon on Monday, September 20, 1965, at 8:30 P. M. , at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No 32, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED THAT 1. The City Council does hereby determine that the assess- ments set forth in said Special Assessment Roll dated July 19, 1965, in the amount of $23,900.00 are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the Chief City Engineer and resolutions of the City Council, 2. Said Special Assessment Roll No. 32 is hereby approved and confirmed in all respects, 3. The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of four per cent (4%) per annum on the unpaid balance of the assessment from the date of con- firmation In such cases where the installments will be less than Ten Dollars (S10.00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1966, and subsequent installments on December 1st of succeeding years, Page 7450 4. Pursuant to the provisions of Section 3.10 of Ordinance No. 401, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be im- L mediately transmitted to the City Treasurer who shall then publish notice as is required by Section 6.03, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 6.03. Any property owner may, within sixty (60) days from the date of confirmation of the roll, pay the whole or any part of the assessment without interest or penalty, 5. The first installment shall be spread upon the 1966 City tax roll in the manner required by Section 6.05 of Ordinance No. 401, as amended, together with interest upon all unpaid installments from the date of confirmation of the roll to December 1, 1966, and thereafter one (1) installment shall be spread upon each annual tax roll, together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (60) day period as provided by Section 6.04, or after the expiration of the sixty (60) day period as provided by Section 6.07, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, 6. That the City Council having determined to pay the entire cost of the park site frontage (item 24CCa2, DD2b1) within the said district, the sum of $3,617.14 is hereby transferred from the Unappropriated Surplus Account to the Road Improvement Account No. 361-32 to cover the City's cost of said installation. A roll call vote was taken on the foregoing resolution with the following result: AYES* McNamara, McCann, Ventura, Pinto, Milligan, Dooley and Kleinert. NAYS* None. By Councilman McCann, seconded by Councilman Dooley and unanimously adopted, it was #907-65 RESOLVED that, having considered a petition received by the City Clerk on September 20, 1965, from William A. Wilson, 29738 Greenland, Livonia, Michigan, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing Lot No. 79 (Item No. 1)4a79) of Livrance Estates Subdivision of part of the N. E. 1/4 of Section 14, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, into three lots, the legal descriptions of which shall read as follows: Parcel 1 The north 190 feet of Lot 79 of Livrance Estates Subdivision of part of the N. E. 1/4 of Section 14, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, Parcel 2. The north 205 75 feet of the south 395.75 feet of Lot 79 of Livrance Estates Subdivision of part of the N. E. 1/4 of Section 14, T. 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, Parcel 3 The south 190 feet of Lot 79 of Livrance Estates Subdivision of part of the N. E. 1/4 of Section 14, T 1 S. , R. 9 E , City of Livonia, Wayne County, Michigan, Page 7451 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 McCann, seconded by Councilman Milligan and unanimously adopted, it was #908-65 RESOLVED that, the Department of Law is hereby requested to prepare and submit an amendment to Ordinance No. 451, as amended, so as to repeal paragraph 5, Section 1 of same. Councilman Pinto, supported by Councilman Milligan, offered a resolution to place on the ballot at the primary election in February, 1966, a provision for a general revision of the City Charter and for the election of a Charter Commission. A roll call vote was taken on the resolution with the following result: AYES: McNamara, Pinto, Milligan and Kleinert NAYS : McCann, Ventura and Dooley. The resolution was lost for lack of five (5) affirmative votes, in accordance with the provisions of Section 21 of Act 279 of the Public Acts of 1909, as amended. By Councilman Milligan, seconded by Councilman McCann and unanimously adopted, it was resolved that #909-65 WHEREAS, the City of Livonia and the Board of County Road Com- missioners of the County of Wayne, Michigan, in an agreement dated January 21, 1964, entered into a contract which authorized the improvement of Farmington Road from Plymouth Road to Eight Mile Road in the City of Livonia, Michigan, into a five-lane highway and which agreement has subsequently been amended by agreements dated February 20, 1964, and September 3, 1964, and WHEREAS, it has been demonstrated beyond question that a boulevard highway is much safer and would help eliminate many accidents that might otherwise result, and WHEREAS, the aesthetic value of a boulevard treatment would not only enhance the appearance of the central core of the City of Livonia but would also increase the value of property in the immediate area and thereby result in an increase of tax revenue, and WHEREAS, it is felt that such a boulevard treatment of Farmington Road would not increase substantially the costs involved in the construction of same from that which is presently proposed for this highway improvement, and WHEREAS, the City of Livonia would be willing to absorb the cost of maintenance of the island areas that would be established in such a proposed treatment for Farmington Road, Page 7452 NOW, THEREFORE, BE IT RESOLVED that, the City Council of the City of Livonia does hereby request the Board of County Road Commissioners of the County of Wayne, Michigan, Mr. Al Barbour, Chairman, Mr. Philip Neudeck, Vice-Chairman, and Mr. William E. Kreger, Commissioner, to agree to amend- ing the aforesaid agreements entered into between the City of Livonia and the aforesaid Board for the purpose of providing for the boulevarding of Farmington Road from Plymouth Road to Eight Mile Road in the City of Livonia, and the City Clerk is hereby requested to forward four certified copies of this resolution to the Board of County Road Commissioners of the County of Wayne, and further, that in the event the Board of Wayne County Road Commissioners determine not to act favorably on this resolu- tion, the Council does hereby request that they be afforded an opportunity to meet with the Wayne County Road Commission for the purpose of discussing this matter further. The following resolution was offered by Councilman Milligan, seconded by Councilman Ventura and unanimously adopted. #901-65 WHEREAS, the City of Livonia does not presently have a central district with which the people of our community may identify themselves as well as look upon with pride, and WHEREAS, a central core area would help facilitate community functions and thereby help to encourage participation by the people of the City of Livonia in civic activities, and WHEREAS, establishment of a central business district would result in additional tax revenue which would be of benefit to the people of the City of Livonia, and WHEREAS, the United States Government in the Housing and Urban Development Act of 1965 has declared its intention to help cities develop programs for urban beautification and improvement, NOW, THEREFORE, BE IT RESOLVED that, the City Council does hereby request the City Planning Department to prepare a study and an analysis and thereafter submit its report and recommendation to the City Council relative to the steps that would be required and the procedures that would be neces- sary in order to establish a centrally located governmental cultural and com- mercial district in the general area of Five Mile and Farmington Roads, and BE IT FURTHER RESOLVED that, the City Planning Department include in its report information pertaining to the availability of federal funds in furtherance of such a program, and further, that the City Planning Department specify the extent to which it would be necessary to expand affected City departments in pursuance of the program herein mentioned. By Councilman Dooley, seconded by Councilman Pinto and unanimously adopted, it was #911-65 RESOLVED that, the Civil Service Commission of the City of Livonia is hereby directed and ordered by the Council of the City of Livonia to deliver directly to the Council any and all recommendations made by the Civil Service Commission for changes of salaries and compensations of the City within five (5) days after they are made Page 7453 On motion of Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, this 507th regular meeting of the Council of the City of Livonia was duly adjourned at 11:37 P. M., September 22, 1965. Addison W Bacon,. . erk