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HomeMy WebLinkAboutCOUNCIL MINUTES 1965-12-08 Page 7593 MINUTES OF THE FIVE HUNDRED EIGHTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA L On December 8, 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 8:06 P. M. Councilman McNamara delivered the invocation. Roll was called with the following result: Rudolf R. Kleinert, Peter A. Ventura, Charles J. Pinto, Edward G. Milligan, John F. Dooley, James R. McCann and Edward H. McNamara. Absent: None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Virginia G. Handzlik, Deputy 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; David L. Jones, Water and Sewer Commissioner; John Dufour, Superintendent, Parks and Recreation; L. Henry G. Sieferd, City Assessor; James N. Jordan, Police Chief; Joel LaBo, Director of Public Safety; Adeline Flanagan, Deputy City Treasurer; James Miller, Personnel Director; Lydall Bowles, Civil Service Commission; Thomas J. Griffiths, Jr. Chief Accountant; Dan Andrew, Industrial Co-ordinator; William J. Strasser, Chief City Engineer; John Hiltz, Consulting Engineer; John Nussbaum, Robert Vollmer, Sauro Petrucci, Edwin Imonen and William Dell of the Traffic Commission; Joseph Jenkin, Library Commission; and Neal Hall of the Traffic Commission. By Councilman Dooley, seconded by Councilman McNamara, and unanimously adopted, it was #1164-65 RESOLVED, that the minutes of the 517th regular meeting of the Council of the City of Livonia held December 1, 1965, are hereby approved. The following preamble and resolution were offered by Councilman McNamara and supported by Councilman Ventura: L #1165-65 WHEREAS, Special Assessment Rolls, more particularly herein- after described, for the construction of street improvements in the City of Livonia have been prepared, reviewed and confirmed by the City Council; and Page 7594 WHEREAS, the City Council deems it to the best interest to borrow and issue bonds in anticipation of the collection of a part of said special assessments; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The estimated period of usefulness of each of said public improvements is not less than twenty (20) years. 2. Special Assessment Bonds be issued in the amount of Six Hundred Five Thousand ($605,000.00) Dollars in anticipation of the collection of special assessments on the special assessment rolls herein- after in this Paragraph 2 set forth, the principal amount of special assessments for each roll pledged for the payment of said bonds to be as follows: Special Assessment Roll No. 25 - $ 7,000.00 Special Assessment Roll No. 26 - $101,000.00 Special Assessment Roll No. 27 - $ 24,000.00 Special Assessment Roll No. 28 - $105,000.00 Special Assessment Roll No. 29 - $317,000.00 Special Assessment Roll No. 30 - $ 1,000.00 Special Assessment Roll No. 31 - $ 30,000.00 Special Assessment Roll No. 32 - $ 20,000.00 In addition to the special assessments as aforesaid, the full faith, credit and resources of the City of Livonia shall be pledged for the prompt payment of the principal and interest on said bonds as the same become due. Said bonds shall consist of either six hundred five (605) bonds of the denomination of $1,000.00 each or one hundred twenty-one (121) bonds of the denomination of $5,000.00 each, but not both, numbered consecutively in direct order of maturity from 1 upwards, dated April 1, 1966, and payable serially as follows: $45,000.00 April 1, 1967; $55,000.00 April 1, 1968; $60,000.00 April 1st of each of the years 1969 and 1970; $55,000.00 April 1, 1971; $60,000.00 April 1st of each of the years 1972 and 1973; $55,000.00 April 1, 1974; $60,000.00 April 1, 1975; $55,000.00 April 1, 1976; $10,000.00 April 1st of each of the years 1977 and 1978; $ 5,000.00 April 1st of each of the years 1979 and 1980; $10,000.00 April 1, 1981. Said bonds shall be designated SPECIAL ASSESSMENT STREET BONDS (DISTRICTS NOS. 25 to 32, Inclusive). 3. Said bonds authorized by the provisions of this resolu- tion shall bear interest at a rate or rates not exceeding three and three- quarters per cent (3-3/4%) per annum, payable October 1, 1966, and semi- annually thereafter on April 1st and October 1st of each year. Both principal and interest on said bonds shall be payable at a bank or trust company qualified to act as paying agent designated by the purchaser of the bonds. The liability of each special assessment district shall be Page 7595 limited to the principal amount set forth above and interest thereon. Interest due October 1, 1966 shall be paid from the proceeds of sale of the bonds. 1 . Bonds maturing in the years 1977 to 1981, inclusive, may be redeemed at the option of the City in direct numerical order on any interest payment date on or after April 1, 1976, at par and accrued interest to the date fixed for redemption. Notice of redemption shall be given to holders of bonds to be redeemed by publication of such notice not less than thirty (30) days prior to the date fixed for redemption, at least once in a newspaper or publication circulated in the State of Michigan which carries, as part of its regular service, notices of sale of municipal bonds. No further interest payable on bonds called for redemption shall accrue after the date fixed for redemption, provided the City has money available for such redemption with the paying agent. 5. Said bonds shall be signed in the name of the City by the Mayor and countersigned by the City Clerk and City Treasurer and shall bear the City seal, and the interest coupons annexed thereto shall bear the facsimile signatures of the Mayor and City Treasurer. Said bonds, when executed, shall be delivered to the Treasurer and be delivered by him to the purchaser thereof upon payment of the purchase price thereof in accordance with the bid therefor, when accepted. 6. Said bonds and the attached coupons shall be in substan- tially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA SPECIAL ASSESSMENT STREET BOND (Districts Nos. 25 to 32, inclusive) No. $ KNOW ALL MEN BY THESE PRESENTS that the City of Livonia, County of Wayne, State of Michigan, acknowledges itself to owe and for value received hereby promises to pay to bearer hereof the sum of THOUSAND DOLLARS lawful money of the United States of America, on the first day of April, A.D., 19 , with interest thereon from the date hereof until paid at the rate of per cent ( %) per annum, payable October 1, 1966, and semi-annually thereafter on the first day of April and October of each year, on presentation and surrender of the annexed interest coupons as they severally become due. Both principal and interest on this bond are payable at and for the prompt payment of this bond, both principal and interest, the full faith and credit of the City of Livonia are hereby irrevocably pledged. This bond is one of a series of ( ) bonds of even date and like tenor, except as to date of maturity aggregating the principal sum of $605,000.00, issued in anticipation of the collection of special assessments in Special Assessment Districts Page 7596 Nos. 25 to 32, inclusive, for the purpose of constructing street improve- ments in said Districts, and is issued in accordance with the City Charter and with a resolution of the City Council of the City of Livonia duly adopted on December 8, 1965. The right is reserved of redeeming bonds maturing in the years 1977 to 1981, both inclusive, in inverse numerical order, at the option of the City on any interest payment on or after April 1, 1976, at par and accrued interest to the date fixed for redemption. Thirty (30) days' notice of redemption shall be given to holders of bonds to be redeemed by publication of such notice at least once in a newspaper circulated in the State of Michigan which carries, as part of its regular service, notices of sale of municipal bonds. No further interest shall accrue on bonds called for redemption after the date fixed for redemption, provided the City has sufficient money on hand with the paying agent for such redemp- tion. This bond is payable out of special assessments to be collected on special assessment rolls numbered 25 to 32, inclusive: Provided, however, that the liability of each special assessment district shall be limited to payment of the amounts and interest thereon as set forth in the bonding resolution or in the case of the insufficiency of said special assessments, out of the general funds of the City, and it is hereby certified and recited that all acts, conditions and things required by law precedent to and in the issuance of this bond and the series of bonds of which this one have been done, exist and have happened in regular and due time and form as required by law, and that the total indebtedness of said City, including this bond, does not exceed any constitutional, statutory or charter debt limitation. IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of Michigan, by its City Council, has caused this bond to be signed by its Mayor and countersigned by its City Clerk and City Treasurer and the annexed interest coupons to be executed with the facsimile signatures of its Mayor and City Treasurer, all as of the first day of April, A. D., 1965. CITY OF LIVONIA BY Mayor (Seal) Countersigned: City Clerk City Treasurer Page 7597 (Form of Coupon) No. $ On the first day of , A. D. 19 , the City of Livonia, County of Wayne, State of Michigan, will pay to bearer hereof the sum of Dollars, lawful money of the United States of America, at being the interest due that date on its Special Assessment Street Bond (Districts Nos. 25 to 32, inclusive), dated April 1, 1966, No. Mayor City Treasurer 7. The City Clerk shall make application to the Municipal Finance Commission for an order granting permission for the issuance of said bonds and approval of the form of notice of sale, and upon receipt of such approval, the City Clerk shall cause notice of sale of said bonds to be published in the Michigan Investor, Detroit, Michigan, and The Livonian, a newspaper circulated in the City of Livonia, at least seven (7) full days before the date fixed for sale of the bonds, which notice of sale shall be in substantially the following form: OFFICIAL NOTICE OF SALE CITY OF LIVONIA COUNTY OF WAYNE, MICHIGAN $605,000.00 SPECIAL ASSESSMENT STREET BONDS (Districts Nos. 25 to 32, inclusive) Sealed bids for the purchase of the above bonds will be re- ceived by the undersigned at his office in the City Hall in the City of Livonia, Michigan, until 7:00 o'clock p.m., Eastern Standard Time, on , the day of , 1965, at which time and place said bids will be publicly opened and read. Said bonds will mature serially as follows: $45,000.00 April 1, 1967; $55,000.00 April 1, 1968; $60,000.00 April 1st of each of the years 1969 and 1970; $55,000.00 April 1, 1971; $60,000.00 April 1st of each of the years 1972 and 1973; $55,000.00 April 1, 1974; $60,000.00 April 1, 1975; $55,000.00 April 1, 1976; $10,000.00 April 1st of each of the years 1977 and 1978; $ 5,000.00 April 1st of each of the years 1979 and 1980; $10,000.00 April 1, 1981. Page 7598 Interest on said bonds will be payable on October 1, 1966, and semi-annually thereafter on April 1st and October 1st of each year. Said bonds will be dated April 1, 1966, will be coupon bonds in the denomination of either $5,000.00 each or $1,000.00 each, but not both, at the option of the purchaser, will be numbered consecutively in direct order of maturity from 1 upwards, and will bear interest from their date at a rate or rates not exceeding three and three-quarters per- cent (3-3/4%) per annum, expressed in multiples of 1/8 of 1%. The interest rate on any one bond shall be at one rate only and all bonds maturing in any one year must carry the same interest rate and each coupon period shall be represented by one interest coupon. Both prin- cipal and interest will be payable at a bank or trust company to be designated by the purchaser of the bonds, and which paying agent quali- fies as such under the statutes of the State of Michigan or of the Federal Government. Accrued interest to the date of delivery of such bonds must be paid by the purchaser at the time of delivery. Bonds maturing in the years 1977 to 1981, inclusive, are redeemable at the option of the City, in inverse numerical order, on any interest payment date on or after April 1, 1976, at par and accrued interest to the date fixed for redemption. Notice of redemption shall be given to the holders of bonds to be redeemed by publication of such notice not less than thirty (30) days prior to the date fixed for redemption, at least once in a newspaper or publication circulated in the State of Michigan which carries, as part of its regular service, notices of sale of municipal bonds. No further interest payable on bonds so called for redemption shall accrue after the date fixed for redemption, provided the City has money available for such redemption with the paying agent. For the purpose of awarding the bonds the interest cost of each bid will be computed by determining, at the rate or rates specified therein, the total dollar value of all interest on the bonds from (here insert the first day of the month next following the date of receiving bids, or the date of the bonds, whichever is later to their maturity and deducting therefrom any premium. The bonds will be awarded to the bidder whose bid on the above computation produces the lowest interest cost to the City. No proposal for the purchase of less than all of the bonds herein offered, or at a price less than their par value, will be considered. Said bonds are issued in anticipation of the collection of special assessments on Special Assessment Rolls Nos. 25 to 32, inclusive, The liability of each of the Special Assessment Districts shall be limit- ed in the manner provided in the bond-authorizing resolution. In addition to the foregoing, said bonds pledge the full faith and credit of the City of Livonia for their payment. A certified or cashier's check in the amount of $12,100.00, drawn upon an incorporated bank or trust company, payable to the order of the Treasurer of the City of Livonia, must accompany each bid as a guaranty of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid is accepted and the bidder fails to take up and pay for the bonds. No interest will be allowed on the good faith checks, and checks of the unsuccessful bidders will be promptly returned to each bidder's representative or by registered mail. Page 7599 Bids shall be conditioned upon the unqualified opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, approving the legality of the bonds, which opinion will be furnished with- out expense to the purchaser of the bonds prior to the delivery thereof. The City shall furnish bonds ready for execution at its expense. Bonds will be delivered at Detroit, Michigan. The usual closing documents, including a certificate that no litigation is pending affecting the issuance of said bonds, will be delivered at the time of delivery. The right is reserved to reject any or all bids. Envelopes containing the bids should be plainly marked "Proposal for Bonds." Clerk, City of Livonia APPROVED: STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION 8. 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: McNamara, McCann, Ventura, Pinto, Milligan, Dooley and Kleinert. NAYS: None. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #1166-65 RESOLVED, that having considered the letter from the Mayor dated December 1, 1965 relative to compensation for Commissioners, the Council does hereby refer the same to the Committee of the Whole. By Councilman Pinto, seconded by Councilman Dooley, it was #1167-65 RESOLVED, that having considered the communication dated November 24, 1965 from the Department of Law and the Quit Claim Deed dated September 30, 1965 attached thereto (submitted pursuant to council resolution 850-65) executed by Walter Muller and Blume Muller, his wife, Jose Rabinovich and Elisa Rabinovich, his wife, David Rabinovich and Eva Rabinovich, his wife, conveying to the City of Livonia the south 60 feet of the East 300 feet of Parcel 04JJ2, which right-of-way was acquired in connection with the extension of a sanitary sewer at Seven Mile and Farmington Roads (Area 5c of Phase II of the Master Sanitary Sewer Program), the Council does hereby accept for and in behalf of the City of Livonia the aforesaid Quit Claim Deed and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or inci- dental to the full performance of this resolution. Page 7600 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 Dooley, it was #1168-65 RESOLVED, that having considered a communication dated November 18, 1965 from the Department of Law and the four Quit Claim Deeds and the two Partial Discharge of Mortgage documents attached thereto which documents were obtained by the Chief City Engineer in connection with dedications of rights-of-way on Louise Avenue, north of Six Mile Road, the Council does hereby accept for and in behalf of the City of Livonia the aforesaid docu- ments which are as follows: (1) Quit Claim Deed dated April 19, 1965 from Joseph W. Gilders and Mary J. Gilders, his wife, conveying the east 25 feet of Parcel 3b which parcel is described as follows: The North 1/2 of the Northeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the north 120 feet of the east 300 feet thereof. (2) Quit Claim Deed dated March 1, 1965 from Frank Gribeck and Regina Gribeck, his wife, conveying the west 25 feet of Parcel 13alb,a2 which parcel is described as follows: That part of the Southeast 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Nich- t. described as beginning at a point distant West, 1320.50 feet, and N. 0° 32' 10" W, 682.50 feet from the Southeast corner of Section 11, and proceeding thence N 0° 32' 10" W. 60 feet; thence East, 175.0 feet; thence S 0° 32' 10", 60 feet; thence West, 175.0 feet to the point of beginning. (3) Quit Claim Deed dated September 12, 1965 from Wylie J. Winchester, a single man, and Eva Marie Panzer, his daughter, conveying the west 25 feet of Parcel MM14b which parcel is described as follows: The North 1/2 of the North 1/2 of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (4) Quit Claim Deed dated April 12, 1965 from Wylie J. Winchester, a single man, and Eva Marie Panzer, his daughter, conveying the west 25 feet of Parcel MM 14a which parcel is described as follows: The South 1/2 of the North 1/2 of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (sold on land con- tract to Kmets whose quit claim deed was accepted by the Council in resolution #334-65) - (5) Partial Discharge of Mortgage from First Federal Savings and Loan Association of Detroit, dated March 26, 1965, who hold mortgage of Robert J. Lefebvre and Mary Alice Lefebvre, his wife, on Parcel 11MM1a, releasing to the City of Livonia the east 25 feet of the aforesaid parcel from said mortgage. (quit claim deed was accepted by the Council from the Lefebvres by resolution #334-65) . Page 7601 (6) Partial Discharge of Mortgage from First Federal Savings and Loan Association of Detroit, dated March 23, 1965, who hold mortgage of Billy R. Rooker and Mary Ellen Rooker, his wife, releasing to the City of Livonia the east 25 feet of Parcel M3a from said mortgage. (quit claim deed of the Rookers accepted by Council in its resolution #334-65) . and the City Clerk is hereby requested to have the aforesaid documents recorded in the office of the Wayne County Register of Deeds 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: McNamara, McCann, Ventura, Pinto, Milligan, Dooley and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman McNamara, it was #1169-65 RESOLVED, that having considered the report and recommendation made by the Water and Sewer Board in its resolution #WS 775 11/65 adopted on November 22, 1965, as well as 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, Mich- igan, 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 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: McNamara, McCann, Ventura, Pinto, Milligan, Dooley and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman Pinto, it was #1170-65 RESOLVED, that having considered the report and recommendation made by the Water and Sewer Board in its resolution #WS 775 11/65 adopted on November 22, 1965, and submitted pursuant to council resolu- te. #1048-65, regarding the communication dated October 18, 1965 from the Chief City Engineer, approved by the Director of Public Works in connection with the proposed extension of a sanitary sewer line along the east line of Parcel 12B38b1, the Council does hereby authorize the construction and extension of the proposed 10 inch sanitary sewer, the Page 7602 same to be constructed across City-owned property which is described as follows: 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; further, such sewer shall be constructed by the proprietors of the adjoining parcel of land, Milwaukee Investments, 1802 Washington Blvd., Detroit, Michigan, in accordance with plans which have been previously reviewed and approved by the Engineering Division of the City of Livonia; and further, it is the understanding of the City Council that such construction shall be made at no cost to the City and that upon comple- tion of the same, the sewer will be under the exclusive jurisdiction of the City of Livonia. 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. The letter dated November 30, 1965, from the Traffic Commission relative L to the stop signs at the intersection of Cardwell and Lyndon, was received and filed for the information of the Council. By Councilman Dooley, seconded by Councilman Ventura, and unanimously adopted, it was #1171-65 RESOLVED, that having considered the communication from the firm of John E. Hiltz & Associates, Inc., Consulting Engineers dated November 24, 1965, and submitted pursuant to council resolution #1042-65, in connection with a letter dated October 20, 1965 from Bernard Edelman of Tomorrows Homes, Inc. regarding alleged damage to cartain property owned by Tomorrows Homes, Inc., the Council does hereby acknowledge receipt of same and does further request that the City Clerk forward a copy of the letter from John E. Hiltz & Associates, Inc. to Mr. Bernard Edelman for his information. Councilman McNamara introduced the following Ordinance: AN ORDINANCE TO ESTABLISH A HUMAN RELATIONS COMMISSION: TO PROVIDE FOR MEMBERSHIP THEREOF, TERM OF OFFICE, COMPENSATION AND METHOD OF APPOINTMENT; TO DEFINE THE PURPOSES AND DUTIES OF THE COMMISSION AND OBJECTIVES SOUGHT TO BE L ACCOMPLISHED: AND PROVIDING FOR ORGANIZATION AND PLANNING OPERATIONS OF THE COMMISSION. The above ordinance, when adopted, is on file in the office of the City Page 7603 Clerk and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Dooley, seconded by Councilman McNamara, and unanimously adopted, it was #1172-65 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated September 29, 1965 and received by the City Clerk on November 5, 1965, as well as the report and recommendation of the Director of Public Safety dated November 26, 1965 in connection therewith, the Council does hereby approve of the request from Michael A. Defoggi and Basil W. Flora, Jr. for transfer of a 1965 Class C license business located at 32826 Five Mile Road, Livonia, Michigan, from Eugene L. Pulice; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman Dooley, seconded by Councilman McNamara, it was #1173-65 RESOLVED, that having considered a letter from the Personnel Director dated November 26, 1965, approved by the Mayor and Budget Director, and which transmits a resolution adopted by the Civil Service Commission on November 16, 1965, wherein a request is made for a sub- scription to the Government Employee Relations Report published by the Bureau of National Affairs, Inc., the Council does hereby approve of the same and does hereby transfer the sum of $148.00 from the Unappropriated Surplus Account to Civil Service Account No. 159-12 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Dooley and Kleinert. NAYS: Pinto, Ventura and Milligan. The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman McNamara RESOLVED, that having considered a letter from the Personnel Director dated November 26, 1965, approved by the Mayor and Budget Director, which transmits a resolution adopted by the Civil Service Commission on November 16, 1965, wherein the Council is requested to approve an additional professional staff position in the office of the Civil Service Commission, such position to be classified as a Personnel Analyst at Salary Grade 134 with a salary range of: 1 2 3 4 5 $7,259 $7,571 $7,904 $8,236 $8,569 the Council does hereby concur in and approve of the recommendation made by the Civil Service Commission in this regard; and further, the Council does hereby transfer the sum of $7,693.00 from the Unappropri- Page 7604 ated Surplus Account to Civil Service Account No. 159-1 for this purpose. By Councilman Ventura, seconded by Councilman McCann, it was #1174-65 RESOLVED, that the request of Civil Service Commission for an additional staff position, be tabled. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Milligan and Dooley. NAYS: Pinto and Kleinert. The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman Milligan, it was #1175-65 RESOLVED, that having considered the report and recommendation dated November 22, 1965 from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby release to Paris Home Builders, Inc., 18315 W. McNichols, Detroit 19, Michigan the $18,000.00 bond deposited with the City in accordance with Council Resolution #752-62 adopted on September 26, 1962, in connection with improvements to be installed in Newburgh Heights Subdivision No. 1 located in the Southeast 1/4 of Section 18, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the Chief City Engineer that all required improvements have been satisfactorily installed; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Milligan, Dooley and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman Pinto, it was #1176-65 RESOLVED, that having considered the report and recommendation dated November 22, 1965 from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby release to Paris Home Builders, Inc., 18315 W. McNichols, Detroit 19, Michigan, the $28,000.00 bond deposited with the City in accordance with Council Resolution #849-63 adopted on October 30, 1963, in connection with improvements to be installed in Newburgh Heights Subdivision No. 2 located in the Southeast 1/4 of Section 18, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the Chief City Engineer that all required improvements have been satisfactorily installed; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Milligan, Dooley and Kleinert. NAYS: None. Page 7605 By Councilman McNamara, seconded by Councilman Milligan, it was #1177-65 RESOLVED, that having considered a request from the Director of Public Safety dated November 23, 1965, and approved for submission by the Mayor and Budget Director, regarding the necessity for transfering certain funds to the Patrol Bureau Overtime Account from the Auxiliary Services Account of the Police Department Budget for the purpose of eliminating the deficit in the 1964-65 budget in this regard, the Council does hereby authorize the transfer of $3,943.00 from Account No. 189-1 to Account No. 184-2 in the 1964-65 Budget. 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 Dooley, it was #1178-65 RESOLVED, that having considered a letter from the Assistant Director of Public Works dated November 22, 1965, approved by the Director of Public Works and Budget Director and approved for submission by the Mayor, wherein a request is made for permission to purchase a file cabinet for the Sanitation Division, the Council does hereby determine to deny the same for the reason that this request is not made in a timely manner insofar as the 1964-65 budget was concerned and that accordingly a new request should be made for consideration in connection with the current budget. 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 Pinto, and unanimously adopted, it was #1179-65 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act, (M.S.A. Section 5.2934), as well as Article XXIII of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on January 10, 1966 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, on the following items: (1) Petition No. 65-8-1-27 initiated by the City Planning Commission on its own motion for a change of zoning on the south side of Lyndon Avenue and Lyndon Avenue extended westerly between Middlebelt Road and Henry Ruff Road in the South 1/2 of Section 23 from R-2-A to R-3, the City Planning Commission having in its resolution #9-162-65 recommended to the City Council that Petition 65-8-1-27 be granted; Page 7606 (2) Petition No. 65-8-1-29 submitted by Donald and Nettie Frick for a change of zoning on the west side of Middlebelt Road, approximately 660 feet south of Seven Mile Road, in Section 11 from R-5 to C-2, the City Planning Commission having in its resolution #11-196-65 recommended to the City Council that Petition 65-8-1-29 be denied; (3) Petition No. 65-9-1-34 initiated by the City Planning Commission on its own motion for a change of zoning on the south side of Five Mile Road, just east of the City Hall, in Section 22 from C-2 to PS, the City Planning Commission having in its resolution #11-188-65 recommended to the City Council that Petition 65-9-1-31i be granted; (!t) Petition No. 65-9-1-35 initiated by the City Planning Commission on its own motion for a change of zoning on the east side of Newburgh Road, approximately 1,030 feet north of Plymouth Road, in the Southwest 1/4 of Section 29 from RUF to M-1, the City Planning Commission having in its resolution #11-186-65 recommended to the City Council that Petition 65-9-1-35 be denied; (5) Petition No. 65-9-1-36 initiated by the City Planning Commission on its own motion for a change of zoning on the south side of Lyndon Avenue and Lyndon Avenue extended westerly between the northerly extension of Melvin Avenue and Henry Ruff Road in Section 23 from R-3 to R-3-B, the City Planning Commission having in its resolution #11-187-65 recommended to the City Council that Petition 65-9-1-36 be granted; and further that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement indicating the nature and location of the proposed change of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and the City Clerk is requested to do all things necessary or incidental to the full performance of this resolution. By Councilman McNamara, seconded by Councilman Milligan and unanimously adopted, it was #1180-65 RESOLVED, that having considered the report and recommendation dated November 16, 1965 from the City Planning Commission with regard to Petition 65-8-3-1 initiated by the Planning Commission on its own motion for the vacation of property known as Grennada Park Subdivision located south ofLyndon and west of Farmington Road in Section 21, City of Livonia, Michigan, the Council does hereby approve said Petition 65-8-3-1 to vacate the plat of Grennada Park Subdivision, with the exception of Stark, Lyndon and Farmington Roads, the description of such vacation to be as follows: Page 7607 Grennada Park Subdivision, as recorded in Liber 52, Page 27, Wayne County Records, said subdivision being a part of the Northeast 1/4 of the Southeast 1/4 of Section 21, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan, and the Department of Law is requested to prepare the necessary vacating ordinance in accordance with this resolution. By Councilman Ventura, seconded by Councilman Pinto, and unanimously adopted, it was #1181-65 RESOLVED, that having considered a letter from the Secretary and Vice-Chairman of the City Planning Commission dated November 17, 1965 which transmits a resolution adopted by the City Planning Commission on November 2, 1965, resolution #11-189-65, wherein the Planning Commission does amend the Master School and Park Plan so as to incorporate Parcel 17Elbi, E2a located immediately adjacent to and east of the Junior High School site in the Northwest 1/4 of Section 17 for a park site, the Council does hereby acknowledge the receipt of same. By Councilman McCann, seconded by Councilman Dooley, it was #1182-65 RESOLVED, that pursuant to the authorization set forth in Section 23.01 (a) of Article XXIII of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, the City Council does hereby on its own motion request that the City Planning Commission conduct a public hearing on the question of whether or not to repeal the following pro- visions of the Zoning Ordinance, Ordinance No. 543: (a) Section 10.07, which sets forth an exception to the front yard requirements prescribed for commercial buildings in any C-1 District where the depth of the pro- perty involved is 120 feet or less, and (b) Section 11.08, which sets forth an exception to the front yard requirements prescribed for commercial buildings in any C-2 District where the depth of the pro- perty involved is 100 feet or less; and the City Planning Commission to thereafter make a report and recommendation to the City Council; and further, the Department of Law is hereby requested to do all things necessary or incidental in assisting the City Planning Commission in fulfilling the purpose 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 7608 Councilman Ventura introduced the following Ordinance: AN ORDINANCE AMENDING SECT ION 18 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543 (AS AMENDED) KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION THERETO. (Petition 65-8-1-18) The above ordinance, when adopted, is on file in the office of the City Clerk and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman McNamara, seconded by Councilman Dooley, it was #1183-65 RESOLVED, that having considered a letter from William N. Ponder, Attorney, in behalf of his clients, Mr. and Mrs. Mauris P. Kenney, dated December 8, 1965, offering to sell certain acreage north of Seven Mile Road and East of Haggerty Road, the Council does hereby request the Department of Law to do all things necessary to submit an application to the Open-Space Division of the Housing and Home Finance Agency for an Open Space Land Grant in the amount of 50% for the pur- pose of assisting the City in financing the acquisition of the afore- said property, in the event the City subsequently determines to purchase the same. 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. On motion of Councilman Ventura, seconded by Councilman Milligan and unanimously adopted, this 518th regular meeting of the Council of the City of Livonia was duly adjourned at 9:06 P. M., December 8, 1965. ADDISON W. BACON, Ci k