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HomeMy WebLinkAboutCOUNCIL MINUTES 1965-11-03 Page 7524 MINUTES OF THE FIVE HUNDRED THIRTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 3, 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 8:17 p. m. Councilman McCann 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; Victor C. Phillips, Budget Director; Don Hull, City Planner; John Dufour, Superintendent of Parks and Recreation; Carl Demek, Superintendent of Operations Division; William J. Strasser, Chief City Engineer; Joel LaBo, Director of Public Safety; Richard Jones, Assistant Superintendent of Operations Division; James Miller, Personnel Director; David L. Jones, Water and Sewer Commissioner; Daniel R. Andrew, Industrial Coordinator; Joseph Jenkins, Duane Rousch and Thomas Daoust of the Library Commission; and A. V Rosenthal, Librarian. The President of the Council welcomed to the Council meeting Girl Scout Troop No. 1183 and their leader, Mrs. Wilkins and her assistant Kathy Wood. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #1023-65 RESOLVED that, the minutes of the 512th regular meeting of the Council of the City of Livonia held October 27, 1965, are hereby approved. By Councilman Ventura, seconded by Councilman Dooley, it was #1024-65 RESOLVED that, the recommendation dated October 27, 1965, from the Civil Service Commission regarding Wage and Salary adjustments, is hereby tabled to a meeting with the Civil Service Commission on Tuesday, November 9, 1965. A roll call vote was taken on the foregoing resolution with the following result: Page 7525 AYES: McCann, Ventura, Pinto, Milligan, Dooley and McNamara. NAYS• Kleinert. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Pinto and unanimously adopted, it was #1025-65 RESOLVED that, the letter dated October 26, 1965, from the Civil Service Commission relative to the proposed Public Safety Officer Program, submitted pursuant to resolution #884-65, is hereby referred to the Committee of the Whole. By Councilman McNamara, seconded by Councilman Ventura, it was #1026-65 RESOLVED that, having considered the report and recommendation dated October 26, 1965, from the Library Commission, approved by the Mayor and the Budget Director, regarding the bids received for the construction of the new south branch public library to be located south of Plymouth Road and east of Farmington Road in the City of Livonia, Michigan, the Council does hereby accept the bid of Kruse Company, General Contractors, 9165 Whittier Avenue, Detroit, Michigan, 48224, for the construction of the aforesaid public library for the bid price of $248,650.00, such having been in fact the lowest bid received for such construction; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. By Councilman McCann, seconded by Councilman Pinto, it was RESOLVED that, the foregoing resolution be amended to include the words "along with Alternate #3 in the amount of $4,000.00, and Alternate #5 in the amount of $16,500.00, making a total price of $269,150.00". A roll call vote was taken on the foregoing amendment with the following result: AYES• McCann, Pinto and Dooley. NAYS• Ventura, Milligan, McNamara and Kleinert. The President declared the amendment denied. A roll call vote was taken on resolution #1026-65, with the following result: AYES: McCann, Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None. By Councilman Pinto, seconded by Councilman Dooley and unanimously adopted, it was Page 7526 #1027-65 RESOLVED that, the Council does hereby request that considera- L tion be given to amending Act 305 of the Public Acts of 1919 of the State of Michigan, as well as such other state legislation as may be appropriate in this regard, so as to provide and permit home rule cities with the authority necessary to levy such millage as may be necessary to operate and maintain libraries constructed with the revenues already provided by the above statute; and the City Clerk is hereby requested to forward a certified copy of this resolution to Senator Farrell E. Roberts and Representative Marvin R. Stempien. By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was #1028-65 RESOLVED that, having considered a letter dated October 22, 1965, from Mr. Edward F. Maloney, Director of the License Division of the Michigan Liquor Control Commission, submitted pursuant to resolution #968-65, re- garding the status of the application made for an SDD license by Irwin Wright, owner of the Independent Drug Fair, Inc. , to be located at 27462 Schoolcraft Road, Livonia, Michigan, the Council does hereby acknowledge receipt of the aforesaid communication from the Michigan Liquor Control Commission and does take this means to advise the said Commission that the Council has been advised that the aforesaid application has been pending for a period in excess of five years and that the Commission did not act for a period of almost four years on same, at which time the Commission denied the application for a new SDD license for the reason that the area in question was allegedly being adequately serviced with existing SDD outlets despite the fact that the nearest SDD outlets to the location in question are not located nearer than two miles to the north, one and one-half miles to the south, two and one-quarter miles to the west and the nearest in an easterly direction is located in Redford Township; based upon the foregoing information, the Council urges the Michigan Liquor Control Com- mission to again review the application in question and give favorable approval to same in an expeditious manner. By Councilman Dooley, seconded by Councilman Ventura and unanimously adopted, it was #1029-65 RESOLVED that, having considered a communication dated October 21, 1965, from the Budget Director and City Clerk, transmitting an insurance report, analysis and audit regarding the City's insurance program, which was previously authorized in resolution #543-65, the Council does hereby refer the same to the Finance and Insurance Committee for its report and recommendation. By Councilman Dooley, seconded by Councilman McCann, it was #1030-65 RESOLVED that, having considered a letter dated October 12, 1965, from the Acting Chief of Police Harold R. Wilson, approved by the Mayor, regarding the modification of resolution #903-65, which established a service fee of $1.50 for photostatic copies of accident reports, the Council does hereby determine to amend resolution #903-65, to read as follows: #903-65 RESOLVED that, having considered a letter dated August 2, Page 7527 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 cover- ing the cost of furnishing photostat copies of accident reports, as well as all other police 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Pinto, Milligan, Dooley, McNamara, McCann and Kleinert. NAYS: None By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #1031-65 RESOLVED that, having considered a letter dated October 14, 1965, from the Chief City Engineer, approved by the Director of Public Works, submitted pursuant to resolution #894-65, regarding certain requests made by Mr. D. M. Burns, 34850 Six Mile Road, Livonia, Michigan, for permission to tap a manhole located on the north side of Six Mile Road, the Council does hereby acknowledge receipt of the same communication from the Chief City Engineer and does hereby take this means to suggest to Mr. Burns that he follow the recommendations made therein; and the City Clerk is hereby re- quested to forward a copy of the aforesaid letter from the Chief City Engineer to Mr. Donald M. Burns; and the Chief City Engineer is hereby requested to confer with Mr. Burns as to the possibility of a retention basin for drainage of this property. By Councilman Dooley, seconded by Councilman McCann, it was RESOLVED that, having considered a letter dated October 20, 1965, from the Industrial Coordinator and Director of Public Works regarding the exchange of certain City-owned property located on Stark Road, which is part of the Public Works Yard, with property abutting the same which is owned by the Shepard and Young Tool Company, the Council does hereby, on its own motion, request that the City Planning Commission conduct a public hearing on a proposed amendment to the Zoning Ordinance, No. 543, as amended, pertaining to the rezoning of the westerly 450 feet of Lot 12a of Newman Schoolcraft Farms Subdivision from P-L to M-1, and the easterly 300 feet of Lot 12b through 15, inclusive, of Newman Schoolcraft Farms Subdivision from M-1 to P-L, and to thereafter make its report and recommendation to the Council; further, the Department of Law is hereby requested to do all things necessary to effect a proposed land exchange whereby the City would convey to the Shepard and Young Tool Company the westerly 450 feet of Lot 12a in consideration for the conveyance by the Shepard and Young Tool Company of the easterly 300 feet of Lots 12b through 15, inclusive of Newman Schoolcraft Farms Subdivision. A roll call vote was taken on the foregoing resolution with the following result: Page 7528 AYES• McCann, Dooley and Kleinert. NAYS: Ventura, Pinto, Milligan and McNamara. The President declared the resolution denied. By Councilman McNamara, seconded by Councilman Dooley, it was #1032-65 RESOLVED that, the letter dated October 20, 1965, from the Industrial Coordinator and the Director of Public Works regarding the exchange of certain City-owned property located on Stark Road, which is part of the Public Works Yard, with property abutting the same which is owned by the Shepard and Young Tool Company, is hereby referred to the Mayor for report and recommendation. A roll call vote was taken on the foregoing resolution with the following result- AYES: McCann, Pinto, Dooley and McNamara. NAYS: Ventura, Milligan and Kleinert. The President declared the resolution adopted. 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. By Councilman McNamara, seconded by Councilman Pinto, it was #1033-65 RESOLVED that, having considered the veto by the Mayor, dated November 3, 1965, of resolution #1007-65, adopted by the Council on October 27, 1965, the Council does hereby readopt said resolution #1007-65, the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None The President declared the resolution adopted and the Mayor's veto over-ruled. By Councilman Dooley, seconded by Councilman McCann, it was #1034-65 RESOLVED that, the Budget for 1965-66 is hereby amended so as to add the item in the Budget of the Department of Law: COURT EXPENSE ACCOUNT, $500.00, and prior year surplus is hereby amended in the amount of $500.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS- None. Page 7529 By Councilman Ventura, seconded by Councilman McNamara, it was #1035-65 RESOLVED that, having considered the veto by the Mayor, dated November 2, 1965, of resolution #1010-65, adopted by the Council on October 27, 1965, the Council does hereby readopt said resolution #1010-65, the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None. The President declared the resolution adopted and the Mayor's veto over-ruled. By Councilman Pinto, seconded by Councilman Milligan, it was #1036-65 RESOLVED that, the Council does hereby increase the salary for the Director of Youth Employment from its present amount to an amount of $5,722.00 per annum, as provided in the 1965-66 Budget, such salary increase to become effective with the first full pay period following December 1, 1965. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Pinto, Milligan, Dooley and Kleinert. NAYS McCann and McNamara. The President declared the resolution adopted. The following resolution was offered by Councilman McNamara and supported by Councilman Milligan- #1037-65 WHEREAS, the City Council of the City of Livonia did on January 15, 1964, by Council Resolution No. 20-64, petition the Wayne County Drain Com- missioner to initiate the proceedings for the establishment of a Livonia Drainage Board No. 11, for the purpose of constructing a much needed public improvement in the interest of the public health of the City, and WHEREAS, on August 5, 1964, a contract was awarded to the Fattore Construction Co. , for the construction thereof, the total cost of the project being in the amount of $558,000.00, and WHEREAS, there has been a considerable delay in the prosecution of the work in that at the present time no work has been started to effect this project; NOW, THEREFORE, BE IT RESOLVED that, the Wayne County Drain Com- missioner and the Livonia Drainage Board #11 take whatever steps are neces- sary in order to cause the contractor to proceed with the construction of this drainage project at the earliest possible date so that the health of the City of Livonia is no longer endangered because of the flood conditions surrounding this project. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Pinto, Milligan , Dooley, McNamara and Kleinert. NAYS: None. Page 7530 By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #1038-65 RESOLVED that, the preliminary plat of the proposed Madonna Estates Subdivision No. 2, situated in the Southeast 1/4 of Section 20, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on May 25, 1965, by its resolution #5-107-65, and approved by the City Council on August 11, 1965, by its resolution #819-65, and a report dated October 25, 1965, from the Chief City Engineer, approved by the Director of Public Works, indicating that full compliance has been made with the conditions upon which the preliminary plat was ap- proved by the Council, and the City Planning Commission having approved the final true plat on October 5, 1965, in its resolution #10-181-65, the Council does hereby determine to grant its approval to the final plat of Madonna Estates Subdivision No. 2, located in the Southeast 1/4 of Section 20, City of Livonia, Wayne County, Michigan, as submitted by Jako Land Company, 15030 Wyoming Avenue, Detroit, Michigan, as proprietors, the proprietors thereof being required to do all things necessary to obtain full compliance with the Plat Act, Act 172 of the Michigan Public Acts of 1929, as amended, the Plat Ordinance of the City of Livonia, Ordinance No. 500, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. By Councilman McCann, seconded by Councilman Milligan and unanimously adopted, it was #1039-65 RESOLVED that, having considered a complaint made by Mr. Louis Couzens, 36531 Roycroft, Livonia, in a letter dated October 20, 1965, re- garding the alleged noises emanating from the refrigeration units being operated in the Food Fair supermarket located on Five Mile Road at Levan Road, the Council does hereby request that the Food Fair supermarket take whatever action is necessary to eliminate this problem immediately. By Councilman McCann, seconded by Councilman Dooley and unanimously adopted, it was #1040-65 RESOLVED that, having considered a complaint made by Mr. Louis Couzens, 36531 Roycroft, Livonia, in a letter dated October 20, 1965, re- garding the alleged noises emanating from the refrigeration units being operated in the Food Fair supermarket located on Five Mile Road at Levan Road, the Council does hereby request the Department of Law to submit a report pertaining to the status of City ordinances regulating this type of activity and to include in such report any further recommendations insofar as the need for amendment of existing ordinances or the adoption of any ordinances are concerned in this regard. By Councilman Dooley, seconded by Councilman Ventura and unanimously adopted, it was #1041-65 RESOLVED that, having considered a letter from the president of the Parent-Teachers Association of Botsford Elementary School, received by Page 7531 the City Clerk on October 25, 1965, pertaining to the need for sidewalks to be located on Lathers Avenue from Seven Mile Road to the Botsford School and on Brentwood Avenue from Seven Mile Road to Pembroke Avenue, the Council does hereby take this means to advise the Parent-Teachers Association of the Botsford School that the action taken by the Council in its resolution #892-65, adopted on September 22, 1965, determined the necessity for the installation of sidewalks on Lathers Avenue from Seven Mile Road to the Botsford School and on Brentwood Avenue from Seven Mile Road to Pembroke Avenue, and the City Assessor in the aforesaid resolution was requested to prepare a special assessment roll which, upon the completion thereof, will be presented to the City Council for the holding of a second public hearing in accordance with the provisions of law. By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #1042-65 RESOLVED that, having considered a letter dated October 20, 1965, from Bernard Edelman of Tomorrows Homes, Inc. , 13101 West Seven Mile Road, Detroit 35, Michigan, regarding alleged damage caused to certain property owned by Tomorrows Homes, Inc. , as a result of an easement conveyed to the City for the construction of a sanitary sewer, the aforesaid property being located in the Northeast 1/4 of Section 7 in the City of Livonia, the Council does hereby refer this matter to the firm of John E. Hiltz & Associates, Inc., Consulting Engineers, 15601 W. McNichols Road, Detroit 35, Michigan, for a report and recommendation with respect to same. f By Councilman Dooley, seconded by Councilman McCann, it was #1043-65 RESOLVED that, having considered a communication dated October 25, 1965, from the Superintendent of Operations, Director of Public Works and Budget Director, approved for submission by the Mayor, requesting permission to organize a City tapping crew, the Council does hereby increase the Outside Labor Account, Service Installations Account of the Water Department budget by the sum of $6,100.00, for the purpose of authorizing an increase in the number of persons working in City Water Department classifications above the number approved in the existing budget as follows: a. 1 Water Operations Mechanic I at $2.71 per hour; b. 1 Water Operations Mechanic I at $2.83 per hour; c. 1 Water Operations Mechanic I Leader at $2.93 per hour; and d. 1 Water Operations Mechanic II at $2.95 per hour. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman McCann, it was #1044-65 RESOLVED that, Rouge Building Company, 10450 West Nine Mile Road, Oak Park, Michigan, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following Subdivision: Burton Hollow Estates Subdivision No. 6, located in the W.l/2 of Section 16, City Page 7532 of Livonia, the said proposed preliminary plat being dated May 4, 1964; 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 April 14, 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 department dated October 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 con- structed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Plat Ordinance, Or- dinance 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; (5) That the following Cash Payments be made to the City: Trees $2,675.00 Plan review, field inspection & administration 7,884.00 Future Traffic Control Signs 111.00; (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: Page 7533 General Improvement Bond - $157,000.00, of which at least $10,000.00 shall be in cash. Sidewalk Bond - $16,500.00, of which at least $4,950.00 shall be in cash; and provided further, that the request for 27 foot wide concrete pavement with 3-1/2" high curbs on Oakdale and Bristol Drives, is hereby granted. A roll call vote was taken on the foregoing resolution with the following result: AYES• McCann, Ventura, Pinto, Dooley, McNamara and Kleinert. NAYS: Milligan. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McNamara, it was #1045-65 RESOLVED that, Mr. Jacob Menuck, Curtis Building Company, 18315 W. McNichols Road, Detroit 19, Michigan, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following sub- division: Nottingham Woods Subdivision, located in the N. E. 1/4 of Section 15, City of Livonia, the said proposed preliminary plat being dated August 16, 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 August 31, 1965; and it further appearing that such preliminary plat, together with Development Plans and Specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated October 22, 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 con- structed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Plat Ordinance, Or- dinance 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; (5) That the following cash payments be made to the City: Page 7534 Future Traffic Control Signs $ 142.50 Plan review, administration & field inspection (5%) 9,523.00 and provided further, that the Council does hereby waive the requirements of the Plat Ordinance No. 500, pertaining to the planting of street trees, but only to the extent that trees existing within the subdivision sub- stantially comply with the requirements of the Plat Ordinance, as determined by the City; (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive final approval of the City Planning Commission as evidence that such plat is in compliance with existing sub- division regulations; (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein and pro- vided 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, irrevocable letter of credit, 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 - $210,000.00, of which at least $10,000.00 shall be in cash. Sidewalk Bond - not required. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Pinto, Dooley, McNamara and Kleinert. NAYS: Milligan. The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman McNamara, it was #1046-65 RESOLVED that, Rose-Hill Investment Company, 14201 West Eight Mile Road, Detroit 35, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Dover Courts Subdivision, located on the S. W. 1/4 of Section 31, City of Livonia, and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of November 10, 1959 and June 2, 1964; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Department of Public Works under date of October 26, 1965; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; Page 7535 (2) That the installation of such improvements shall be super- vised and inspected by the Department of Public Works and such im- provements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix his signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with him by said proprietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amounts: General Improvement Bond - $419,000.00, of which at least $10,000.00 shall be in cash; Sidewalk Bond - $27,000.00, of which at least $5,400.00 shall be in cash; and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) That the proprietor submit to the City Engineer as-built plans of all improvements installed in the subdivision, on cloth reproducible material; (5) On full compliance with the above conditions and with the provisions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix his signature to said Plat as evidence of this approval; and provided further, that instead of a corporate surety bond, since Mr. Abe Green is a major owner of Wonderland Shopping Center, the personal surety bond of Messrs. Abe Green, Aubrey H. Ettenheimer, Leonard R. Farber and Howard M. Binkow, and their respective wives, will be acceptable. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman McNamara, it was #1047-65 RESOLVED that, pursuant to the report and recommendation dated October 15, 1965, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 8 of its resolution #726-65, adopted on July 28, 1965, so as to reduce the bond for remaining improvements in Idyle Hills Estates Subdivision No. 3, to $4,000.00, which shall be in cash, to cover the cost of remaining improvements in said subdivision, and further, the sidewalk bond remains the same; and the City Clerk and City Treasurer are herein authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman McCann, it was Page 7536 #1048-65 RESOLVED that, having considered a communication dated October 18, 1965, from the Chief City Engineer, approved by the Director of Public Works, regarding the proposed extension of a sanitary sewer line to be constructed by the firm of Milwaukee Investments, 1802 Washington Blvd., Detroit, Mich., along the east line of Parcel 12B38b1 in the Northwest 1/4 of Section 12, which parcel is owned by the City of Livonia, at no cost to the City, the Council does hereby refer the same to the Water and Sewer Board for its report and recommendation. Councilman Dooley was excused at 10:49 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Pinto, Milligan, McNamara and Kleinert. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was RESOLVED that, having considered a communication dated October 18, 1965, from the Chief City Engineer, approved by the Director of Public Works, the City Council of the City of Livonia, Wayne County, Michigan, does hereby determine to establish and create a public utility easement across the following described property: A 12-foot wide easement said easement being described as the east 12 feet of the following described parcel: The North 150 feet of the South 180 feet of the N.W. 1/4 of the S.W. 1/4 of the N.W. 1/4 of the N.W. 1/4 of Section 12, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the West 60 feet thereof; and the City Clerk is hereby requested to have a certified copy of this resolution recorded with the Wayne County Register of Deeds and to do all things necessary or incidental to the full performance of this resolution. By Councilman McNamara, seconded by Councilman Milligan, it was #1049-65 RESOLVED that, action creating a public utility easement across certain property in Section 12, is hereby tabled pending a report from the Water and Sewer Board on the extension of the sanitary sewer line, requested in resolution #1048-65. A roll call vote was taken on the foregoing resolution with the following result: AYES: Pinto, Milligan, McNamara and Kleinert. NAYS: McCann and Ventura. The President declared the resolution adopted. Councilman Dooley returned at 10:55 p.m. By Councilman McNamara, seconded by Councilman Milligan, it was #1050-65 RESOLVED that, having considered a letter dated October 4, 1965, from the Chief City Engineer, approved by the Director of Public Works, regarding the existence of a backyard drainage problem in the block between Page 7537 Bentley Avenue in the Lyndon Meadows Subdivision and Jacquelyn Drive in the Belle-Mar Subdivision west of Middlebelt Road, the cost of which is to be defrayed by special assessment, the Chief City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the pro- posed improvement, the number of parcels which show tax- delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor, and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Sections 3.03 and 4.01 of Ordinance No. 401, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: Ventura. The President declared the resolution adopted. The letter dated October 8, 1965, from the Chief City Engineer, approved by the Director of Public Works, pertaining to the location of primary service lines to be installed by the Detroit Edison Company which would service the Greenwood Farms Subdivision, was received and filed. By Councilman Ventura, seconded by Councilman Milligan, it was #1051-65 RESOLVED that, having considered the letter dated October 15, 1965, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby approve the request for transfer of $750.00 from the Engineering Inspection Salaries Account (#258-1) to the Testing Materials Account (#257-1), of the Engineering Division Budget, the aforesaid amount of $750 to be expended as set out in the communication dated October 15, 1965. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman Ventura and unanimously adopted, it was #1052-65 RESOLVED that, having considered a proposed amendment to the Zoning Ordinance, No. 543, as amended, which purports to regulate abandoned cars on private property, prepared by the Department of Law and submitted by the Mayor in a communication dated October 21, 1965, the Council does hereby refer the same to the Legislative Committee for its report and recom- mendation. Page 7538 By Councilman McNamara, seconded by Councilman Milligan and unanimously adopted, it was #1053-65 RESOLVED that, having considered a proposed amendment to the Building Code Ordinance, No. 449, as amended, which would amend Sections 2.06, 6.04 and 6.05 thereof, prepared by the Department of Law and transmitted in a communication dated October 14, 1965, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman McCann, seconded by Councilman McNamara, it was #1054-65 RESOLVED that, having considered a letter dated September 1, 1965, from the Personnel Director, approved by the Mayor and Budget Director, which transmits a resolution adopted by the Civil Service Commission on August 31, 1965, wherein the Commission requests an additional appropriation for the purpose of covering deficiencies in its various budget accounts as well as a transfer of funds, the Council does hereby concur in such request and does hereby authorize the following allocations: From Acct. #159-2 $ 680.00 # 60-01 1,220.00 $1,900.00 To Accts: #159-17 $ 10.00 #159-44 50.00 #159-45 565.00 #160-23 1,275.00 $1,900.00 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None. By Councilman McCann, seconded by Councilman McNamara, it was RESOLVED that, having considered a letter dated September 16, 1965, from the Personnel Director, approved by the Mayor and Budget Director, which transmits a resolution adopted by the Civil Service Commission on September 7, 1965, pertaining to an amendment of Section 26.5 of the Rules and Regulations of the Civil Service Commission which would provide for partial payment to be made by the City for certain part-time employees for life, accidental death and dismemberment insurance, the Council does hereby concur and approve of the amendment made to Section 26.5 of the rules and regulations of the Civil Service Commission which would provide as follows: "RESOLVED that, Rule 26 Leaves Section 26.5 Insurance Premiums Payment of the Rules and Regulations of the Civil Service Commission be amended as follows (amendments in CAPS) FOR PERMANENT FULL-TIME EMPLOYEES the City pays the total premium for hospitalization (Blue Cross-Blue Shield) coverage, and one-half premium for the amount of life, accident and indemnity insurance subscribed for by the employee. Page 7539 "FOR PERMANENT PART-TIME EMPLOYEES THE CITY PAYS ONE-HALF (1/2) THE TOTAL PREMIUM FOR HOSPITALIZATION (BLUE CROSS - BLUE SHIELD) COVERAGE AND ONE- QUARTER (1/4) PREMIUM FOR THE AMOUNT OF LIFE AND ACCIDENTAL DEATH AND DIS- MEMBERMENT INSURANCE SUBSCRIBED FOR BY THE EMPLOYEE." (and the balance of Section 26.5 shall continue to be in effect as presently provided); there being sufficient funds in the insurance accounts of the budget to accomplish this purpose. By Councilman Ventura, seconded by Councilman Milligan, it was #1055-65 RESOLVED that, the recommendation dated September 16, 1965, from the Civil Service Commission pertaining to an amendment to Section 26.5 of the Rules and Regulations of the Civil Service Commission is hereby tabled to the next study meeting of the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Pinto, Milligan and Dooley. NAYS: McCann, McNamara and Kleinert. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Ventura, it was #1056-65 RESOLVED that, having considered a letter dated October 14, 1965, from Mayor George W. Kuhn, Chairman of the Vigilance Tax Committee of the City of Berkley, regarding the enactment of a city income tax pursuant to the procedure taken by the City of Warren in this regard, the Council does hereby refer the same to the Mayor for his report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Pinto, Milligan, Dooley and McNamara. NAYS: Kleinert. The President declared the resolution adopted. The Opinion No. 65-35, dated October 26, 1965, from the Department of Law, submitted pursuant to resolution #657-65, concerning jurisdiction of Wayne County drains within the City, was received and filed. By Councilman McCann, seconded by Councilman Milligan, it was #1057-65 RESOLVED that, having considered a letter dated September 13, 1965, from Brooks Ambulance Service, 31621 Five Mile Road, Livonia, Michigan, signed by Robert Brooks and Walter Gutowski, regarding the sale of the equipment and business of Brooks Ambulance Service to Superior Ambulance Corporation and requesting the approval and concurrence of the City Council to the assumption by the Superior Ambulance Corporation of the rights and obligations of the Brooks Ambulance Service in an existing ambulance ser- vice agreement executed on November 1, 1962, pursuant to resolution #399-62, Page 7540 and having also considered a communication dated October 22, 1965, from the Director of Public Safety, submitted pursuant to resolution #923-65, in connection therewith, the Council does hereby authorize the Department of Law to modify and amend the aforesaid agreement so as to permit the Superior Ambulance Corporation to assume the rights and obligations existing under same in lieu of the Brooks Ambulance Service for the balance of the term of said agreement which will expire on October 31, 1967; and for this purpose, the Mayor and City Clerk are hereby authorized to affix their signatures to such amendatory agreement 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None. Councilman Dooley was excused at 11:20 p. m. , for the balance of the meeting. By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #1058-65 RESOLVED that, having considered the letter dated March 11, 1965, from the Michigan Liquor Control Commission, received by the City Clerk on September 11, 1965, and the report and recommendation dated October 25, 1965, from the Director of Public Safety, in connection therewith, the Council does hereby approve of the request from Daniel A. Lord Holding Corporation, a Michigan non-profit corporation, for a new Club License to be located at 39100 Schoolcraft Road, Livonia, Michigan, Wayne County; and the City Clerk is requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman McNamara, seconded by Councilman Milligan and unanimously adopted, it was #1059-65 RESOLVED that, having considered the letter dated September 16, 1965, from the Michigan Liquor Control Commission regarding a request from Consolidated Foods Corporation for a new SDM license to be located at 15385 Inkster Road, Livonia, Michigan, the Council does hereby request the Director of Public Safety for a report as to the nearest SDM location in each direction to this proposed business; and that in the future all such requests show this information. Opinion No. 65-37, dated October 26, 1965, from the Department of Law, submitted pursuant to resolution #969-65, pertaining to a millage tax for advertising was received and filed. The report dated October 27, 1965, from the Department of Law pertaining Page 7541 to Bulmon and Bulmon vs. City of Livonia, Circuit Court Case No. 626884, was re- ceived and filed. By Councilman Ventura, seconded by Councilman McCann and unanimously adopted, it was #1060-65 RESOLVED that, having considered the letter dated September 9, 1965, from the Michigan Liquor Control Commission, received by the City Clerk on October 11, 1965, and the report and recommendation dated October 22, 1965, from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Livonia Lanes Lounge, Inc. , for a transfer of ownership of 1965 Class C Licensed Business with Official Bowling Permit located at 31630 Plymouth Road (north side of Plymouth Road between Merriman and Farmington Roads) Livonia, Michigan, from Livonia Recreation, Inc., to Livonia Lanes Lounge, Inc. (stockholders of both corporation being the same); and further, the Council does hereby approve of the addition to be made of 1930 square feet in the remodeling of the aforesaid premises located at 31630 Plymouth Road, Livonia, Michigan; and the City Clerk is requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman Pinto, seconded by Councilman McCann and unanimously adopted, it was #1061-65 RESOLVED that, Petition 65-10-3-3, submitted by Charles A. Bryan, attorney for petitioners Alex A. Zion and Helen M. Zion, for the vacation of a certain easement located along the north and south boundary lines of lots 66 and 67 of B. E. Taylor's Green Acres Subdivision, is hereby re- ferred to the City Planning Commission for action and recommendation accord- ing to law and Ordinance No. 29 as amended. By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was #1062-65 RESOLVED that, having considered an opinion No. 65-36 from the Department of Law, dated October 25, 1965, and the additional information attached thereto in a communication dated October 25, 1965, submitted pursuant to resolutions #957-65 and #898-65, and the Department of Law having ruled therein that the determination of recognition of collective bargaining agents should be made by the City Council for the purposes of compliance with the provisions of Act 336 of the Public Acts of 1947, as amended by Act 379 of the Public Acts of 1965, the Council does hereby determine to grant and approve of the request made for recognition by Local 192 an affiliate of the AFSC-ME, AFL-CIO, in a letter dated September 17, 1965, by Mr. William J. Charron, President of the Metropolitan Council No. 23, as the exclusive collective bargaining representative for all em- ployees of the City of Livonia with the exception of policemen, firemen and supervisory employees, as defined by Act 336 of the Public Acts of Michigan of 1947, as amended by Act 379 of the Public Acts of 1965. By Councilman Pinto, seconded by Councilman Ventura and unanimously Page 7542 adopted, it was #1063-65 RESOLVED that, having considered Opinion No. 65-36, from the Department of Law, dated October 25, 1965, and the additional information attached thereto in a communication dated October 25, 1965, submitted pur- suant to resolutions #957-65 and #898-65, and the Department of Law having ruled therein that the determination of recognition of collective bargaining agents should be made by the City Council for the purposes of compliance with the provisions of Act 336 of the Public Acts of Michigan of 1947, as amended by Act 379 of the Public Acts of 1965, the Council does hereby determine to grant and approve of the request made for recognition by Local 1164 an affiliate of the IAFF, AFL-CIO, in a letter dated August 23, 1965, from the President, Vice-President, Secretary, and Treasurer of the Livonia Fire Fighters Association, as the exclusive collective bargaining representa- tive for all firemen of the Livonia Fire Department of the City of Livonia, Michigan, with the exception of the Fire Chief, as defined by Act 336 of the Public Acts of Michigan of 1947, as amended by Act 379 of the Public Acts of 1965. By Councilman McNamara, seconded by Councilman McCann, it was #1064-65 RESOLVED that, having considered Opinion No. 65-36 of the Depart- ment of Law, dated October 25, 1965, and the additional information attached thereto in a communication dated October 25, 1965, submitted pursuant to resolutions #957-65 and #898-65, that although the determination of recognition of collective bargaining agents should be made by the City Council, that this would not mean that collective bargaining should be exclusively conducted by the City Council, accordingly, the Council does hereby designate the Civil Service Commission of the City of Livonia, Michigan, as the agent of the City of Livonia for the purposes of collective bargaining in compliance with the provisions of Act 336, of the Public Acts of Michigan of 1947, as amended by Act 379 of the Public Acts of 1965. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Pinto, Milligan, McNamara and Kleinert. NAYS Ventura. The President declared the resolution adopted. The following resolution was offered by Councilman McNamara and supported by Councilman McCann: #1065-65 WHEREAS, November 3, 1965, at 8:00 o'clock p. m., Eastern Standard Time, has been set as the date and time for opening bids for the purchase of $500,000.00 General Obligation Fire Station Bonds of the City of Livonia, County of Wayne, Michigan; AND WHEREAS, said bids have been publicly opened and read; Page 7543 AND WHEREAS, the following bids have been received: Bidder Maturity Interest Rate Premium Clark, Dodge & Co. 1966-70 5.0% $345,952.29 1971-75 4.5 (3.8733%) 1976-86 3.75 $15.00 1987-89 3.80 1990-95 3.90 City National Bank of Detroit 1966-71 5.0% $347,897.83 1972-79 4.0 $96.50 (3.89511%) 1980-88 3.80 1989-95 3.9 Kenower, MacArthur & Co. 1966-77 4.5% $349,590.08 1978- 4.375 (3.91405%) 1979-83 3.75 $163.00 1984-88 3.80 1989-95 3.90 AND WHEREAS, the bid of Clark, Dodge & Co. , has been determined to produce the lowest interest cost to the City; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The bid of Clark, Dodge & Co. as above stated, be and the same is hereby accepted. 2. Checks of the unsuccessful bidders be returned to each bidder's representative or by registered mail. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Ventura, Pinto, Milligan, McNamara and Kleinert. NAYS: None By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #1066-65 RESOLVED that, having considered the letter dated November 3, 1965, from the Director of Public Works regarding a proposed agreement to be entered into between the City of Livonia and Mr. Thomas W. Quaine, for the removal of sand from the Castle Gardens Parksite by the Thomas W. Quaine Company in this regard, the Council does hereby refer the same to the Department of Law for the preparation of such an agreement, to there- after be submitted to the Council for its approval. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was Page 7544 #1067-65 RESOLVED that, the Mayor be requested to inform the Council of • any Federal or State funds being received by the County of Wayne for that portion of Newburgh Road that is within the City limits of Livonia, On motion of Councilman Ventura, seconded by Councilman McCann and unanimously adopted, this 513th regular meeting of the Council of the City of Livonia was duly adjourned at 11:38 p. m. , November 3, 1965. Addison W. Bacon, ► erk