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HomeMy WebLinkAboutCOUNCIL MINUTES 1965-05-05 Page 7166 MINUTES OF THE FOUR HUNDRED NINETY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 5, 1965, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8.09 P. M. Councilman McCann delivered the invocation Roll was called with the following result Present--Rudolf R Kleinert, Peter A. Ventura, Daniel C Allen, John F Dooley, Edward H. McNamara and James R. McCann; Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk, Harry C. Tatigian, first Assistant City Attorney, Robert A Shaw, Director of Public Works, Victor C Phillips, Budget Director, Don Hull, City Planner, Thomas Heap, Zoning Board of Appeals, Thomas J. Griffiths, Jr , Chief Accountant, William J Strasser, Chief City Engineer, David L Jones, Water and Sewer Commissioner, Daniel R. Andrew, Industrial Coordinator, James N. Jordan, Police Chief, Steve Polgar, City Attorney, W. A. Cooper, Director of Civil Defense, Ed Siemert, Engineering Division, Milton Firestone, Asst. City Attorney, Donald Maiffert, Chairman of Water and Sewer Board, Joel LaBo, Director of Public Safety, and Victor Beale, Administrative Secretary to the Mayor. By Councilman McNamara, seconded by Councilman Allen and unanimously adopted, it was #433-65 RESOLVED that, the minutes of the 492nd regular meeting of the Council of the City of Livonia, held April 28, 1965, are hereby approved. By Councilman McNamara, seconded by Councilman Allen and unanimously adopted, it was #434-65 RESOLVED that, in accordance with Chapter IV, Section 4 of the Charter of the City of Livonia, the Council does hereby appoint Charles J Pinto as Councilman of the City of Livonia to fill the vacancy caused by the resignation of Councilman John T Daugherty, and to hold such office until the Monday next following the next regular City election isissBy Councilman Ventura, seconded by Councilman Allen and unanimously adopted, it was Page 7167 #435-65 RESOLVED that, the communication dated April 20, 1965, from the Board of Wayne County Road Commissioners regarding the $4,340,000 Wayne County Metropolitan Sewerage and Sewage Disposal System Bonds (Livonia Section), Series III, is hereby referred to the Finance Committee An Ordinance Amending Section 24 of the Zoning Map of the City of Livonia and Amending Article 3 00 of the Zoning Ordinance, Ordinance No 60, as amended, of the City of Livonia, by Adding Thereto Section (Petition Z-651a), introduced on April 28, 1965, by Councilman McNamara, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McCann, Allen, Dooley, McNamara and Kleinert NAYS: Ventura. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 26 of the Zoning Map of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No 60, as amended, of the City of Livonia, by Adding Thereto Section (Petition Z-663), introduced on April 28, 1965, by Councilman McNamara, was taken from the table and a roll call vote conducted thereon with the following result• AYES• McCann, Ventura, Dooley, McNamara and Kleinert NAYS: Allen The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 9 of the Zoning Map of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, By Adding Thereto Section (Petition Z-664), introduced on April 28, 1965, by Councilman McNamara, was taken from the table and a roll call vote conducted thereon with the following result- AYES• McCann, Ventura, Allen, Dooley, McNamara and Kleinert NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication. Page 7168 Councilman Dooley was excused at 8:14 p m . An Ordinance Amending Section 36 of the Zoning Map of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, by Adding Thereto Section (Petition Z-665) , introduced on April 28, 1965, by Councilman McNamara, was taken from the table and a roll call vote conducted thereon with the following result• AYES: McCann, Ventura, Allen, McNamara and Kleinert NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication Councilman Dooley returned at 8:16 p m An Ordinance Amending Section 13 of the Zoning Map of the City of Livonia and Amending Article 3 00 of the Zoning Ordinance, Ordinance No, 60, as amended, of the City of Livonia, by Adding Thereto Section (Petition Z-666), introduced on April 28, 1964, by Councilman McCann, was taken from the table and a roll call vote conducted thereon with the following result AYES: McCann, Ventura, Allen, Dooley, McNamara and Kleinert. NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura was excused at 8:17 p m An Ordinance Amending Section 36 of the Zoning Map of the City of Livonia and Amending Article 3 00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, by Adding Thereto Section (Petition Z-675), introduced on April 28, 1965, by Councilman McNamara, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McCann, Allen, Dooley, McNamara and Kleinert. NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication rage /107 Councilman Ventura returned at 8:19 p m. . An Ordinance Amending Section 26 of the Zoning Map of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No 60, as amended, of the City of Livonia, by Adding Thereto Section (Petition Z-678), introduced on April 28, 1965, by Councilman McCann, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McCann, Ventura, Allen, Dooley, McNamara and Kleinert. NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication An Ordinance Amending Ordinance No 21, as amended, of the City of Livonia, Known and Cited as the "Traffic Ordinance", by Adding Section 5.35 to Chapter 5.0 Thereof, introduced on April 28, 1965, by Councilman McCann, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McCann, Ventura, Allen, Dooley, McNamara and Kleinert. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. The communication dated April 15, 1965, from the Citizens Advisory Committee, outlining its goals and objectives, was received and filed for the information of the Council By Councilman McCann, seconded by Councilman Allen and unanimously adopted, it was #436-65 RESOLVED that, having considered a letter dated April 14, 1965, from the Water and Sewer Commissioner, approved by the Director of Public Works, submitted pursuant to resolution #305-65, transmitting a financial analysis of the Water Department as of February 28, 1965, the Council does hereby refer the same to the Water and Sewer Committee of the Council for its report and recommendation By Councilman McNamara, seconded by Councilman Allen, it was Page 7170 #437-65 RESOLVED that, having considered a communication dated April 23, 1965, from the Budget Director, submitted pursuant to resolution #345-64, regarding the expenditure of $5,000 from the Capital Outlay Account of the Mayor's budget in order to provide sufficient funds for the acquisition of office furniture and equipment for the operation of the office of the Mayor, the Council does hereby approve and authorize the expenditure of such monies in the manner set forth in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McNamara and Kleinert NAYS- McCann and Ventura The President declared the resolution adopted The letter from the Civil Service Commission regarding the classification of Industrial Development Coordinator, was removed from the agenda to the next meeting of the Council. By Councilman Dooley, seconded by Councilman McNamara, it was #438-65 RESOLVED that, having considered a letter dated April 26, 1965, from Mr. Leonard R. Farber, Alto Building Company, et al, 14201 West Eight Mile Road, Detroit 35, Michigan, wherein an appeal is made from the decision of the Planning Commission denying preliminary plat approval to proposed plat of Tiffany Park Subdivision No. 3, which action was taken on April 20, 1965, the Council does hereby determine to reverse the City Planning Commission's decision and to grant preliminary plat approval to the proposed plat of Tiffany Park Subdivision No. 3, for the reason that the grounds set forth in the City Planning Commission's action are not valid and for the further reason that in the opinion of the Council, the plat as submitted, is in compliance with the laws of the State of Michigan and the ordinances of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Dooley, McNamara and Kleinert NAYS- Allen The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman Allen and unanimously adopted, it was #439-65 RESOLVED that, having considered an appeal made by Clarence R. Charest, 33636 Five Mile Road, Livonia, in behalf of Mr. David N.Hoffmann, from a decision made by the City Planning Commission on February 2, 1965, wherein the Commission did deny Petition M-334, for approval to erect a church on property on the east side of Henry Ruff Road between Greenland and Puritan Avenues in the Northeast 1/4 of Section 14, the Council does Page 7171 hereby concur in the aforesaid action taken by the City Planning Commission and said appeal is denied for the following reasons• (1) It would be detrimental to the public health, safety, and general welfare of the community, (2) There is inadequate area, (3) Churches do generate considerable traffic, and when located in residential neighborhoods they adversely effect the area, and (4) Unless a church has adequate off-street parking the use of public residential streets can adversely effect the area, and (5) The high ratio of ground coverage by most churches on small sites is not aesthetically desirable By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was #440-65 RESOLVED that, resolution #160-65, adopted by the Council on February 24, 1965, in regard to Petition No. Z-670, be and hereby is rescinded. By Councilman Allen, seconded by Councilman Ventura and unanimously L adopted, it was #441-65 RESOLVED that, having considered the report and recommendation dated January 11, 1965, of the City Planning Commission regarding Petition No Z-670, initiated by the City Planning Commission on its own motion for change of zoning on the east side of Levan Road approximately 400 feet north of Schoolcraft Road, just west of Madonna Estates Subdivision in the South- east 1/4 of Section 20 from R-3 to R-1-A, the Council does hereby concur with the recommendation of the Planning Coimuission and the said Petition No Z-670 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary may for publication to be prepared in- dicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman McCann, seconded by Councilman Allen, it was #442-65 RESOLVED that, Outlot A in Madonna Estates Subdivision in the Southeast 1/4 of Section 20, is hereby referred back to the City Planning Commission for consideration of rezoning to residential A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Allen, Dooley and McNamara NAYS: Ventura and Kleinert The President declared the resolution adopted Page 7172 By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #443-65 RESOLVED that, having considered a letter dated April 20, 1965, from Lyndon Meadows Civic Association, regarding the hardships caused to the residents living in the Lyndon Meadows area, resulting from the existing zoning classification of RUF, which has necessitated the institution of appeals to the Zoning Board of Appeals, the Council does hereby request the Zoning Board of Appeals to give its consideration to the waiver of filing fees made in connection with such cases. By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #444-65 RESOLVED that, having considered the petition dated March 23, 1965, from Stephan F. Slavik, Rouge Building Company, 10450 West Nine Mile Road, Oak Park, Michigan, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing Lot 532 of Burton Hollow Estates Subdivision No 4, and Lot 617 of Burton Hollow Estates Subdivision No 5, of part of the Southwest 1/4 of Section 16, T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan, so as to split the aforesaid lots into three (3) parcels, each of which shall be described as follows: Parcel A The southerly part of Lot 617, measuring 80 feet along the front lot line and 83 04 feet along the rear lot line of Burton Hollow Estates Subdivision No. 5, of part of the Southwest 1/4 of Section 16, T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan; Parcel B Lot 617 except the southerly 80 feet in front and 83.04 feet in the rear, of Burton Hollow Estates Subdivision No. 5, and Lot 532, except the northerly 80 feet in front and rear thereof of Burton Hollow Estates Subdivision No 4, of part of the Southwest 1/4 of Section 16, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, Parcel C The northerly part of Lot 532 measuring 80 feet along the front and rear thereof, of Burton Hollow Estates Subdivision No 4, of part of Southwest 1/4 of Section 16, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as shown on the map attached to the aforesaid petition, which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds By Councilman Ventura, seconded by Councilman McCann and unanimously adopted, it was Page 7173 #445-65 RESOLVED that, having considered the report and recommendation dated April 12, 1965, from the City Planning Commission in regard to Petition Z-677 initiated by the City Planning Commission on its own motion for change of zoning on the north side of Plymouth Road approximately 160 feet east of Newburgh Road in the Southwest 1/4 of Section 29, from RUF and C-1 to M-1, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition Z-677 is hereby approved and granted, and the City Planner is instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 60 in accordance with this resolution By Councilman Ventura, seconded by Councilman Allen, it was #446-65* RESOLVED that, having considered the report and recommendation dated April 12, 1965, from the City Planning Commission in regard to Petition Z-684, initiated by the City Planning Commission on its own motion for change of zoning on property located north of the Hawkins Drain, if extended westerly, between Merriman and Hubbard Roads in the North 1/2 of the Northeast 1/4 of Section 27, from RUFB and C-1 to M-2, the Council does hereby concur with the recommendation of the City Planning Commission only with regard to the rezoning from RUFB to M-2 of the following parcels which are identifiable as follows: Tax Parcels- from 24a through 31a and Bl, and the said petition Z-684 is hereby approved and granted only in part, and the recommendation of the City Planning Commission with respect to the balance of the property included in said petition is hereby rejected and the said Petition Z-684 is hereby denied in this regard for the reason that there is no necessity to rezone the remaining portion included in this petition at this time, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Dooley, seconded by Councilman McNamara, it was RESOLVED that, the foregoing resolution be amended to concur entirely with the recommendation of the City Planning Commission and that Petition Z-684 be approved and granted excluding the C-1 area A roll call vote was taken on the amendment with the following result: AYES: Dooley, McNamara and Kleinert NAYS: McCann, Ventura and Allen The President declared the amendment denied Imo A roll call vote was taken on the original resolution #446-65, with the following result: AYES• McCann, Ventura, Allen, Dooley, McNamara and Kleinert. NAYS. None Page 7174 At 9:09 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 Dooley, seconded by Councilman Allen and unanimously adopted, it was #447-65 RESOLVED that, resolution #446-65*, adopted by the Council earlier in this meeting, be and hereby is rescinded By Councilman Ventura, seconded by Councilman Allen and unanimously adopted, it was #448-65 RESOLVED that, having considered the report and recommendation dated April 12, 1965, from the City Planning Commission in regard to Petition Z-684, initiated by the City Planning Commission on its own motion for change of zoning on property located north of the Hawkins Drain, if extended westerly, between Merriman and Hubbard Roads, in the North 1/2 of the Northeast 1/4 of Section 27, from RUFB and C-1 to M-2, the Council does hereby concur with the recommendation of the City Planning Commission only with regard to the rezoning from RUFB to M-2 of the following parcels which are identifiable as follows. Tax Parcels- from 24a through 31a, and Bl, and the said Petition Z-684, is hereby approved and granted only in part, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map the Department of Law is requested to prepare an ordinance amending Ordinance No 60 in accordance with this resolution, and the recommendation of the Planning Commission in regard to the zoning of the balance of the land in Petition Z-684, is held in abeyance Councilman McNamara was excused at 9:40 p m By Councilman Allen, seconded by Councilman McCann and unanimously adopted, it was #449-65 RESOLVED that, having considered the report and recommendation dated April 6, 1965, from the City Planning Commission with regard to Petition V-83, submitted by Harold A Larson, requesting the vacation of Curtis Avenue (formerly Nacker Avenue) , between the east line of Pershing Avenue and the west line of Inkster Road, in the Southwest 1/4 of Section 12, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition V-83 is hereby denied for the following reasons. (1) The future construction of a street within this righof-way would tend to alleviate the burden of traffic on the existing residential street, Page 7175 (2) The School Board wishes this potential point of access to their lands immediately to the west, and (3) The people of the area wish to have this right-of-way remain so that a future street could be constructed so as to alleviate transient traffic from the residential neighborhood Councilman McNamara returned at 9:42 P. M. . By Councilman Allen, seconded by Councilman Ventura, it was #450-65 RESOLVED that, having considered a communication dated April 23, 1965, from the Department of Law regarding the lease of the building located at 33720 Plymouth Road, Livonia, belonging to Leo J Klein and Liddie K Klein, his wife, 33720 Plymouth Road, Livonia, for a period of one year at a monthly rental not to exceed $300 00, the Council does herein authorize the preparation of such lease agreement by the Department of Law upon the conditions hereinabove stated, such lease to commence August 1, 1965, and end July 31, 1966, with the additional proviso to be added that the City may terminate said lease prior to the date of expiration of same upon the giving of 30 days' notice to Mr and Mrs Klein, and the Mayor and City Clerk are herein authorized to execute such lease agreement in behalf of the City of Livonia, and the City Clerk and City Treasurer are herein requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Allen, Dooley, McNamara and Kleinert NAYS: None. The following resolution was offered by Councilman Ventura, and supported by Councilman McNamara: #451-65 WHEREAS, it is contemplated that there will be certain expenses and administrative costs incurred by the City of Livonia in connection with the acquisition of right-of-way and easements required for the construction of Phase II of the Master Sanitary Sewer Program, otherwise known as Bell Creek Arm, Section 5b, Farmington Road Sewer, Section 5c, Hubbard-Base Line, Section 4b, Seven-Mile Flamingo, Section 4a, Melody Manor, Section 5d and Inkster Road, Section 7a, all to be constructed under Wayne County Road Commission sanitary sewer bond issue, Series III in an amount of $4,340,000, which expenses can be reasonably taxed to the bond issue as a reasonable charge thereof, and WHEREAS, the agreement entered into between the Board of County Road Commissioners of the County of Wayne, Michigan, and the City of Livonia, on July 23, 1964, authorized by Council resolution No 481-64, adopted on June 3, 1964, provides that all acquisitions of rights-of-way be done by the City of Livonia, NOW, THEREFORE, BE IT RESOLVED that, the Council of the City of Livonia does hereby authorize the Department of Law and the Engineering Division and Sewer Division of the Department of Public Works and the staffs Page 7176 thereof to take such steps as are necessary to acquire the remainder of the easements required, including title searches, appraisals, etc , for said construction, and does further authorize the Water & Sewer Commissioner to request reimbursement therefor from the Board of Wayne County Road Com- missioners out of the bond proceeds A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Allen, Dooley, McNamara and Kleinert NAYS: None By Councilman Dooley, seconded by Councilman McNamara, it was #452-65 RESOLVED that, having considered a communication dated April 9, 1965, from the Director of Public Safety, approved by the Mayor and Budget Director, with regard to the purchase of one IBM electric typewriter pre- viously authorized in the current budget, the Council does hereby determine to transfer the sum of $21 from the Patrol Bureau Account 184-70 to Ad- ministration Account 175-70 of the Department of Public Safety, which sum shall be added to the $350 previously authorized for the purchase of said IBM electric typewriter, 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, Allen, Dooley, McNamara and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #453-65 RESOLVED that, having considered a communication dated April 16, 1965, from the Director of Public Safety, approved by the Mayor, to which is attached a report and recommendation from the officer in charge of the Traffic Bureau, Chief of Police and Director of Public Safety, with regard to the request of Mr. Edward Schroderus of 10270 Laurel, Livonia, for a street light to be installed at the intersection of Pinetree and Laurel Streets, the Council does hereby refer the same to the Streets, Roads and Plats Committee for its report and recommendation By Councilman McNamara, seconded by Councilman Allen, it was #454-65 RESOLVED that, having considered a request dated April 13, 1965, from the Budget Director, for authorization to acquire a folding and envelope stuffing machine, the Council does hereby approve the same and a sum not to exceed $600 is hereby appropriated from the Unappropriated Surplus Account to the Capital Outlay Account 139-70, for this purpose, 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: McCann, Allen, Dooley, McNamara and Kleinert. NAYS• Ventura Page 7177 The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #455-65 RESOLVED that, having considered a communication from the Depart- ment of Law which transmits an amendment to the Sidewalk Regulations of Ordinance No. 446, the Special Assessment Ordinance, pursuant to resolution #506-64, the Council does hereby refer the same to the Legislative Com- mittee for its report and recommendation. By Councilman Dooley, seconded by Councilman Allen, it was #456-65 RESOLVED that, Mr. William Baloh, 15496 Telegraph, Detroit, Mich. , as proprietor, having requested the City Council to approve the proposed plat of the following Subdivision: Baloh Subdivision, located in the S. E. 1/4 of Section 32, of the City of Livonia, Michigan, and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of August 4, 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 April 13, 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, (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improvements 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 Or- dinance 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 in- stalled 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 amount: General Improvement Bond of $7,000.00, of which at least $500 00 shall be in cash, Sidewalk Bond of $980.00, of which at least $500.00 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 pro- visions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix his signature to said Plat as evidence of this approval, Provided, however, that the following cash payments be made to the City: Page 7178 Cash payment for trees $ 155.16 Cash payment for traffic control signs 9.00 Cash payment for review of plans, inspection and administration (5%) 364 00 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Allen, Dooley, McNamara and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #457-65 RESOLVED that, Bonadeo Corporation, 24801 Five Mile Road, Detroit 39, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Woodcreek Farms Subdivision No 2, located in the S. 1/2 of Section 15 of the City of Livonia, Michigan, and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of February 2, 1965; 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 April 12, 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, (2) That the installation of tuch improvements shall be supervised and inspected by the Department of Public Works and such improvements 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 Or- dinance 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 in- stalled or, in lieu thereof, there is filed with him by said propritors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount• NONE REQUIRED 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 pro- visions of said Plat Ordinance, the City Clerk is hereby authorized to affix his signature to said Plat as evidence of this approval Page 7179 By Councilman Ventura, seconded by Councilman McCann and unanimously adopted, it was #458-65 RESOLVED that, the recommendation dated April 23, 1965, from the Chief City Engineer regarding improvement plans for Alexander Subdivision be and hereby is tabled to the next regular meeting of the Council. By Councilman McNamara, seconded by Council McCann, it was #459-65 RESOLVED that, Barton, Inc , 10450 West Nine Mile Road, Oak Park 37, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Coventry Gardens West Subdivision, located in the Southwest 1/4 of Section 16, City of Livonia, Michigan, and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of July 14, 1964, and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Depart- ment of Public Works under date of April 21, 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; (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily `!nstalled 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 in- stalled 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 amount• General Improvement Bond of $108,000.00, of which at least $10,000.00 shall be in cash, Sidewalk Bond of $13,000 00, of which at least $3,900 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 of Livonia 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 pro- visions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix his signature to said Plat as evidence of this approval, provided, however, that the following cash payments be made to the City• Cash payment to City for trees $1,969.00 Cash payment to City for future Traffic Control signs 79.50 Page 7180 Cash payment to City for review of plans, inspection and administration (5%) $ 5,514 00 Cash payment to City for Gates Drain maintenance for a period of two (2) years after acceptance of the ditch improvement 1,000.00 Cash payment to City for cost of materials to sealcoat and/or provide a bituminous surface for Ashurst Road 4,000.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Allen, Dooley, McNamara and Kleinert NAYS: None By Councilman Ventura, seconded by Councilman Dooley, it was #460-65 RESOLVED that, having considered the report and recommendation dated April 16, 1965, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby authorize final payment in the amount of $2,673 00 to John E Hiltz & Associates, Inc , Consulting Engineers, 15601 W McNichols Road, Detroit 35, Michigan, which sum represents the final and full complete balance due on a contract dated October 24, 1963, authoriz- ed pursuant to resolution #806-63, between the aforesaid John E. Hiltz and Associates, Inc , and the City of Livonia, for work performed in connection with HHFA Project P-Mich-3090 (Advance Planning Grant) , for the preparation of construction plans for Livonia Drain No. 19, which project was formerly the extension of Livonia Drain No 2, further that said payment shall be made out of the funds received under the Advance Planning Grant deposited in an account at the National Bank of Detroit Branch #41, entitled "City of Livonia Plan Preparation Account P-Mich 3090", 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, Allen, Dooley, McNamara and Kleinert. NAYS: None The following resolution was offered by Councilman Ventura and supported by Councilman Allen: #461-65 WHEREAS, a Bill has been introduced into the Michigan Legislature which would create the office of County Assessor and eliminate and abolish all local Assessors and assessing procedures, and WHEREAS, this Bill has been designated S. B. 285 and has passed the Michigan State Senate and is being considered currently by the State House of Representatives, and WHEREAS, it is the recommendation of the City of Livonia Council that the adoption of this Bill would be detrimental to the City of Livonia and its citizens, as well as all other Home Rule Cities within the State, and Page 7181 WHEREAS, said Bill deprives local residents of having the valua- tion of their Real and Personal Property determined by local assessors, as is currently required by the City of Livonia Charter and Home Rule Act of the State of Michigan, and WHEREAS, the proposed Legislation would deprive local taxpayers of their right to appeal to a local Board of Review for redress from their assessments, and WHEREAS, until such time as the administrative structure of the county government is reorganized, it is not deemed advisable to transfer the important functions of county wide assessing to county level, NOW, THEREFORE, BE IT RESOLVED that, this Council does hereby indicate its vigorous opposition to S. B. 285 and does hereby respectfully request and urge the State House of Representatives and House Committee on General Taxation, to refrain from taking any action in adopting the aforesaid Bill, BE IT FURTHER RESOLVED that, the City Clerk be and he is hereby instructed to transmit a true copy of this resolution to the Senate and Representatives representing the City of Livonia, the Chairman of the House Committee on General Taxation and to the other cities and townships within the County of Wayne. A roll call vote was taken on the foregoing resolution with the following result- AYES: McCann, Ventura, Allen and Dooley. NAYS: McNamara and Kleinert. The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #462-65 RESOLVED that, having considered a letter dated April 23, 1965, from the Planning Director transmitting the Planning Commission resolution #4-84-65, adopted on April 20, 1965, and contains the recommendations of the City Planning Commission with regard to the new and comprehensive zoning ordinance and map for the City of Livonia, the Council does hereby request that the City Planning Commission meet with the City Council on May 10, 1965, at 8:30 p m , in the City Hall, for the purpose of discussing the afore- said recommendations of the Planning Commission By Councilman Dooley, seconded by Councilman McCann, it was #463-65 RESOLVED that, having considered the communication dated April 12, 1965, from the Director of Public Works and Director of Public Safety, submitted pursuant to resolution #149-65, regarding the recommendation of an architect to design and build the main fire station and headquarters building, the Council does hereby concur in such recommendation and does appoint Ralls-Hamill-Becker, 15223 Farmington Road, Livonia, as architect Page 7182 or architectural firm in this regard, and does hereby authorize the De- partment of Law, in conjunction with the Director of Public Works and Director of Public Safety, to negotiate a contract for the employment of said arthitect or architectural firm for submission to the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Allen, Dooley, McNamara and Kleinert. NAYS- Ventura. The President declared the resolution adopted By Councilman Dooley, seconded by Councilman McCann, it was #464-65 RESOLVED that, having considered the letter dated May 4, 1965, from the Director of Public Safety, approved for submittal by the Mayor and Budget Director, with regard to Michigan's Twelfth Annual Exchange of Mayors Day, the Council does hereby direct that the Council President act as official host and City representative in the Mayor's absence on May 17, 1965, in connection with the aforesaid event, and does hereby authorize the expenditure of the sum of $100 00 from the Public Relations Account of the Legislative Division (No 102-22) in order to cover the expenses that may be incurred in connection with the observance of the said Exchange Day A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Allen, Dooley, McNamara and Kleinert NAYS: None By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was #465-65 RESOLVED that, having considered a letter dated April 28, 1965, from the Chief Inspector with regard to the regulation and inspection of amusement devices, the Council does hereby request the Department of Law to prepare an ordinance with respect to this matter and to thereafter submit the same to the Council for its consideration Councilman Dooley was excused at 10.53 p m The report dated May 3, 1965, from the Legislative Committee, was received and filed. By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #466-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, of the Legislative Committee, submitted pursuant to resolution #134-64, with regard to a report dated February 11, 1964, from the Budget Director in connection with an amendment to Ordinance No. 216, Page 7183 the Financial Ordinance, the Council does hereby request the Department of Law and Budget Director to submit recommendations and suggested amend- ments to Ordinance No 216 in this regard. By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #467-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, of the Legislative Committee, submitted pursuant to resolution #140-64, with regard to a new proposed Civil Defense Ordinance, the Council does hereby request that the Director of Civil Defense, the Director of Public Safety, the Police Chief, and the Fire Chief, review the proposed new ordinance and thereafter submit their reports with respect to same By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #468-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, of the Legislative Committee, regarding the requested installation of half-roadway gates at railroad crossings on Newburgh Road and Stark Road in the City of Livonia, the Council does hereby request the Public Service Commission to submit a report relative to an inspection that was made by the aforesaid commission on March 15, 1965, in the City of Livonia, at the Newburgh Road crossing, and the City Clerk is requested to send a certified copy of this resolution to the Public Service Commission, State of Michigan, Lansing 13, Michigan, to the attention of Otto F Sonefield, Director, Railroad Division By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #469-65 RESOLVED that, having considered the report dated May 3, 1965, of the Legislative Committee with regard to Ordinance No 515, which regulates the speed of trains in the City of Livonia, the Council does hereby request the Director of Public Safety to submit a report indicating the present status of enforcement and compliance with the aforesaid ordinance Councilman Dooley returned at 10.58 P. M. By Councilman McCann, seconded by Councilman Ventura and unanimously adopted, it was #470-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, of the Legislative Committee, submitted pursuant to resolution #968-64, the Council does hereby request the Bureau of Inspection to submit its report and recommendation regarding the possible use in the City of Livonia of the new proposed revised Building Code presently under consideration for adoption by the City of Detroit, with such revisions as may be necessary page 7184 Councilman McCann introduced the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 449 KNOWN AND CITED AS THE BUILDING CODE ORDINANCE OF THE CITY OF LIVONIA, AS AMENDED, BY ADDING SECTION 7.04 TO ARTICLE VII THEREOF. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if repeated word for word herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman McCann introduced the following Ordinance: AN ORDINANCE AMENDING ORDINANCE No. 449 KNOWN AND CITED AS THE BUILDING CODE ORDINANCE OF THE CITY OF LIVONIA, BY AMENDING ARTICLE IV, AND ADDING SECTIONS 5 13, 5.14, 5.15, 5.16 and 5.17 TO ARTICLE V THEREOF. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman McCann, seconded by Councilman Dooley and unanimously adopted, it was #471-64 RESOLVED that, the recommendation dated May 3, 1965, from the Legislative Committee regarding the proposed revision of the Fee Schedule F of the Heating Code, is hereby referred to the Department of Law for preparation of an ordinance in accordance with such recommendation. By Councilman McCann, seconded by Councilman Allen and unanimously adopted, it was #472-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, of the Legislative Committee, submitted pursuant to resolution #19-65, the Council does hereby determine to take no action at this time for the reason that the new proposed zoning ordinance will give proper disposition to this matter. By Councilman McCann, seconded by Councilman Allen and unanimously adopted, it was Page 7185 #473-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, of the Legislative Committee, submitted pursuant to resolution #249-65, regarding a proposed amendment to Ordinance No. 449, as amended, which would require fire proof construction in multiple dwell- ings, the Council does hereby defer action at this time for the reason that there is presently under consideration a new revised Building Code for the City of Livonia. Councilman McCann introduced the following Ordinance: AN ORDINANCE TO REGULATE SMOKE AND CONTROL AIR QUALITY WITHIN THE CITY OF LIVONIA. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances, in the office of the City Clerk, and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman McCann, seconded by Councilman Allen and unanimously adopted, it was #474-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, of the Legislative Committee, submitted pursuant to resolution #400-65, regarding a proposed ordinance which would regulate drive-in restaurants, the Council does hereby refer the same to the Depart- ment of Law for the preparation of a new ordinance in this regard. Councilman McCann introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 2 OF ARTICLE II OF ORDINANCE NO. 305, AS AMENDED, ENTITLED "AN ORDINANCE TO REGULATE THE CONSTRUCTION AND MAINTENANCE OF PRIVATE OUTDOOR SWIMMING POOLS IN THE CITY OF LIVONIA AND TO LICENSE THE OPERATION OF PRIVATE SWIMMING POOL CLUBS IN THE CITY OF LIVONIA. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman McCann introduced the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 446 OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE STREET ORDINANCE, BY AMENDING SECTION 5.8 OF ARTICLE V THEREOF. Page 7186 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. The report dated May 3, 1965, from the Finance Committee, was received and filed. By Councilman Allen, seconded by Councilman Ventura and unanimously adopted, it was #475-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, of the Finance Committee, submitted pursuant to resolu- tion #24-64, adopted on January 15, 1964, regarding the adoption of an ordinance charging a land transfer fee, the Council does hereby determine to take no action with respect to this matter. By Councilman Allen, seconded by Councilman Ventura, and unanimously adopted, it was #476-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, of the Finance Committee, submitted pursuant to resolu- tion #131-64, adopted on February 19, 1964, regarding a request made by the Mayor to employ a Certified Public Accountant on a part-time basis in the office of the City Assessor for the purpose of examining personal pro- perty tax returns, the Council does hereby determine to take no action with respect to same. By Councilman Allen, seconded by Councilman McCann and unanimously adopted, it was #477-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, of the Finance Committee, the Council does hereby request that the Mayor furnish to the Council an analysis of the functions now being performed in the office of the City Assessor; and further, that the Wayne County Assessor's Office is hereby requested to advise the Council of its present and future plans with respect to the area of auditing personal property tax returns. By Councilman Allen, seconded by Councilman Ventura and unanimously adopted, it was #478-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, of the Finance Committee, submitted pursuant to resolu- tion #643-64, adopted July 22, 1964, regarding the request made by the Operations Division for reimbursement of overtime costs incurred as a result of additional expenditures necessary for the removal of storm drainage debris, the Council does hereby determine to take no action with respect to same Page 7187 By Councilman Allen, seconded by Councilman McNamara, it was #479-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, of the Finance Committee, submitted pursuant to resolu- tion #1003-64, adopted December 16, 1964, regarding a communication from the Civil Service Commission, dated November 19, 1964, recommending the reclassification and adjustment of certain positions in the Police Depart- ment, the Council does hereby concur in and approve of the following re- commendation previously made by the Commission- Reclassify the position of Bureau Sergeant in the General Services Bureau to a new classification of Lieutenant, the title of General Services Lieutenant may be retained as a working title, but the official payroll title shall be Lieutenant, AND BE IT FURTHER RESOLVED that, the Council does hereby ap- propriate the sum of $325.00 from the Unallocated Fund (#362-2) to Account #188-1 of the Police Department Budget in order to effectuate the purpose of this resolution, and further, does hereby concur in and approve of the recommendation made by the Civil Service Commission that promotions to the aforesaid recommended classification be made on the basis of division-wide promotional competitive examinations. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Allen, Dooley, McNamara and Kleinert. NAYS• None. By Councilman Allen, seconded by Councilman McNamara and unanimously adopted, it was #480-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, of the Finance Committee, submitted pursuant to resolu- tion #79-65, adopted January 27, 1965, with respect to a communication dated January 11, 1965, from the Department of Law concerning certain re- commendations made by the Civil Service Commission regarding disposition of the existing balance in the City's Experience Deposit Account with the Great-West Life Assurance Company, the Council does hereby determine to authorize and request the Department of Law to institute such legal action as may be necessary, the purpose of which would be to ascertain whether of not the total amount presently existing in the aforesaid Experience Deposit Account, which monies have accumulated for the period commencing from August 1, 1952, to the present, may be placed in the General Fund for use in the City's insurance program. By Councilman Allen, seconded by Councilman Ventura and unanimously adopted, it was #481-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, of the Finance Committee, submitted pursuant to resolu- tion #184-65, adopted on February 24, 1965, with respect to a request made by the Binder & Lark Building Company, 34275 Grove Drive, Livonia, concern- ing the use of letters of credit in lieu of cash, for improvements to be Page 7188 installed in the proposed Binder and Lark Subdivision, the Council does hereby determine to deny this request and to take no further action with respect to same. isaBy Councilman Allen, seconded by Councilman Ventura, it was #482-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, of the Finance Committee, submitted pursuant to resolu- tion #401-65, adopted April 21, 1965, the Council does hereby transfer the sum of $7,851.00 to Account No. 220-1 from the Unallocated Surplus for the purpose of hiring two new building inspectors in the Bureau of Inspection, and the Civil Service Commission is requested to submit its recommendation with regard to a salary increase to be given to the Inspectors in the Bureau of Inspection. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Allen, Dooley, McNamara and Kleinert. NAYS: None By Councilman Allen, seconded by Councilman Ventura, it was #483-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, from the Finance Committee, submitted pursuant to resolution #351-65, adopted on April 7, 1965, regarding a request made by the Director of Public Safety and Police Chief, approved by the Mayor, for the employment of two additional patrolmen for the Division of Police, the Council does hereby concur in this request and does authorize the hiring of two additional officers; and the sum of $6,922.00 is hereby transferred from the Unallocated Fund to the following accounts: $6,772.00 to Account #183-1 of the Police Department, and $150.00 to Account #183-59 of the Police Department. A roll call vote was taken on the foregoing resolution with the following result: AYES- McCann, Ventura, Allen, Dooley, McNamara and Kleinert. NAYS: None By Councilman Allen, seconded by Councilman Ventura, it was #484-65 RESOLVED that, having considered the report and recommendation dated May 3, 1965, of the Finance Committee, submitted pursuant to resolution #350-65, adopted on April 7, 1965, with respect to a communication dated March 25, 1965, from the Civil Service Commission regarding the Commission's recommendation that salaries and wages be reviewed on an annual basis, the Council does hereby determine to approve such proposed policy and the Civil Service Commission is hereby authorized and requested to make such an annual review of salaries and wages and thereafter submit recommendations to the Mayor and Budget Director by no later than August 1st of each succeeding year, and such recommendations as are approved by the Mayor to thereafter be submitted as part of the proposed budget to the Council on or before September 15th of each succeeding year, and that adjustments as may be ap- proved by the Council shall be made effective the beginning of each fiscal year, i.e. , December 1st. Page 7189 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Allen, Dooley, McNamara and Kleinert. NAYS: None. On motion of Councilman Allen, seconded by Councilman McCann and unanimously adopted, this 493rd regular meeting of the Council of the City of Livonia was duly adjourned at approximately 11 15 p.m. , May 5, 1965. Addison W Bacon, Cit ' Cle��t