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HomeMy WebLinkAboutCOUNCIL MINUTES 1965-04-21 Page 7140 MINUTES OF THE FOUR HUNDRED NINETY-FIRST REGULAR MEETING LOF THE COUNCIL OF THE CITY OF LIVONIA On April 21 , 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 16 P. M. . Councilman Dooley delivered the invocation. Roll was called with the following result Present-- Rudolf R. Kleinert , Peter A. Ventura , John F . Dooley and Edward H McNamara Absent-- John T . Daugherty, Daniel C. Allen and James R. McCann. Elected and appointed officials present Addison W. Bacon , City Clerk, Steve Polgar , City Attorney, Milton Firestone , Assistant City Attorney, Robert A. Shaw, Director of Public Works, David L. Jones , Water and Sewer Commissioner, Don Hull , City Planner, James Miller, Personnel Director, William J. Strasser, Chief City Engineer, John E . Hiltz , Consulting Engin- eer, Thomas J. Griffiths , Jr . , Chief Accountant , Joel LaBo , Director of L. Public Safety, Donald Maiffert , Chairman, Water and Sewer Board, Daniel R Andrew, Industrial Coordinator, Harry Wrightman, Planning Commission, S. Petrucci , Traffic Commission, Ed Siemert , Engineering Division, and Avram Rosenthal , Librarian. By Councilman Dooley , seconded by Councilman McNamara and unanimously adopted, it was #383-65 RESOLVED that , the minutes of the 490th regular meeting of Council of the City of Livonia , held April 14, 1965 , are hereby approved. The report dated April 12, 1965 , from the Water and Sewer Committee , presented by Councilman Ventura, Chairman, was received and filed. By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was in #384-65 RESOLVED that , having considered the report and recommendation dated April 12 , 1965 , of the Water and Sewer Committee, regarding a com- munication dated October 4 , 1963, from Klein and Shenkman, developers Page 7141 of Livonia Mall , and a letter dated October 24, 1963, from the Mayor, concerning a request for reimbursement for sewer extensions along the North side of Seven Mile Road, west of Middlebelt (resolution #397-64) , imthe Council does hereby deny the request of Klein and Shenkman, and the City Clerk is requested to transmit to said firm a copy of this resolution. By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was #385-65 RESOLVED that , having considered the report and recommendation dated April 12 , 1965 , of the Water and Sewer Committee, concerning the Water and Sewer Board resolution #WS 594 12/63, submitted to the Council on January 7 , 1964, approved for submission by the Mayor, relating to an open storm drain policy (resolution #398-64) , the Council does hereby refer the same to the Planning Commission for its study and recommenda- tion thereon. By Councilman Ventura, seconded by Councilman Dooley and unanimously adopted, it was #386-65 RESOLVED that , having considered the report and recommendation dated April 12 , 1965 , of the Water and Sewer Committee, concerning a proposed amendment to Ordinance No . 344, Section 3, submitted by the Water and Sewer Board by its resolution #WS 620 4/64 (resolution #566-64) , Lir the Council does hereby refer the same to the Department of Law to pre- pare the amendment and to furnish a comparison with existing wording By Councilman Ventura, seconded by Councilman Dooley and unanimously adopted, it was #387-65 RESOLVED that , having considered the report and recommendation dated April 12 , 1965 , of the Water and Sewer Committee concerning a pro- posed amendment to Ordinance No 224, Section 3 4, submitted by the Water and Sewer Board by its resolution #WS 619 4/64 (referred in resol- ution #567-64) , the Council does hereby refer the same to the Department of Law to prepare the amendment and to furnish a comparison with exist- ing wording. By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was #388-65 RESOLVED that , having considered the report and recommendation dated April 12 , 1965 , of the Water and Sewer Committee, regarding the report dated June 29 , 1964, from the Chief City Engineer relative to sanitary sewer on the South side of Plymouth Road, West of Raleigh Avenue, approved by the Director of Public Works (resolution #601- 64) , the Council does hereby deny said request . imBy Councilman Ventura, seconded by Councilman McNamara, it was #389-65 RESOLVED that , having considered the report and recommendation dated April 12 , 1965 , of the Water and Sewer Committee , regarding Water Page 7142 and Sewer Board resolution #WS 684 11/64, recommending miscellaneous sanitary sewer extensions (resolution #81-65) , the Council does hereby im approve the following applications at the estimated costs indicated Application #6 , requesting service to Lot 113 , Beverly Gardens Subdivision, #WS 548 9/63, Application #11 , requesting service to 20715 W. Seven Mile Road, #WS 548 9/63, and Application #12 , re- questing service to 19025 Sunset Blvd , WS 548 9/63 , for an estimated cost of $12 , 000 . 00 , and 10 inch line on Hidden Lane from Five Mile Road to 1100 feet North (Hidden Lane Petition) for an estimated cost of $13,000 . 00 , and Application #19 , requesting service to Grace Baptist Church #WS 644 7/64, and Application #20 , requesting service to 28471 Oakley , #WS 644 7/64, for an estimated cost of $5 , 690 . 00 , and the Council does hold in the Water and Sewer Committee for further study, the following applications Application #10 , requesting service to 36025 Ann Arbor Trail, 10 Inch line on Clarita, between Middlebelt and Melvin, Application #7 , requesting service to Lot #6 , Supervisor ' s Plat #1 , #WS 654 8/64 - 10 inch line on Plymouth, west from Laurel, Application #3, requesting service to 18965 Melvin - 10 inch line on Melvin between Clarita and Seven Mile Road, and Application #16 , requesting service to Lots 70 through 87 , Como Lake Subdivision, #WS 653 8/64, and does hereby deny Applications 22 and 23 , requesting service to Lots 4, 5 and 7 , Shaffmaster ' s Subdivision, #WS 682 11/64, and the Council does hereby appoint John E. Hiltz & Associates , Inc . , as consulting engineers for the preparation of plans and specifications , subject however, to the Department of Law negotiating and preparing a contract with John E Hiltz and Associates , Inc , for such services for submission to the Council . A roll call vote was taken on the foregoing resolution with the following result AYES Dooley, McNamara, Ventura and Kleinert . NAYS None. By Councilman Ventura, seconded by Councilman Dooley, it was im #390-65 RESOLVED that , having considered the report and recommendation dated April 12, 1965 , of the Water and Sewer Committee, regarding Water and Sewer Board resolution #WS 694 1/65 , recommending a water line ex- tension to service property at 14100 Stark Road, (resolution #136-65) , Page 7143 the Council does hereby authorize such extension of water line at a cost of $2 , 800 . 00 , to be included under the same contract as the imi miscellaneous sanitary sewer extension project; and the Engineering Division is hereby authorized to prepare plans and specifications , sub- mit the same for bids , and submit recommendations on bids to the Council . A roll call vote was taken on the foregoing resolution with the following result AYES Dooley, McNamara, Ventura and Kleinert . NAYS: None. By Councilman Ventura, seconded by Councilman Dooley, it was #391- 65 RESOLVED that , having considered the report and recommendation dated April 12 , 1965 , of the Water and Sewer Committee , regarding a water line extension to service property on Hidden Lane from Five Mile Road to 1100 feet North, the Council does hereby authorize such extension of water line at a cost of approximately $11 , 500 . 00 , to be included under the same contract as the miscellaneous sanitary sewer extension project, and the Engineering Division is hereby authorized to prepare plans and specifications , submit the same for bids and submit recommendations on bids to the Council . L. A roll call vote was taken on the foregoing resolution with the following result AYES: Dooley, McNamara, Ventura and Kleinert . NAYS: None. The following preamble and resolution were offered by Councilman Ventura and supported by Councilman McNamara #392-65 WHEREAS it is necessary to locate, establish, construct and enclose a County drain presently known as the Bell drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows, A closed drain beginning east of Merriman Road and extending to Flamingo Street and a branch thereto located between Flamingo Street and Bredin Court extending north of Lyndon Avenue. AND WHEREAS , in the opinion of the City Council , the location, establishing, constructing and enclosing of said drain is necessary for the public health of the City of Livonia , and the entire cost thereof, except that part representing benefits to State and County highways , ime should be assessed against the City of Livonia for public health; AND WHEREAS, Chapter 20 of Act 40 , Public Acts of Michigan, 1956 , as amended (the Drain Code of 1956) provides a feasible method Page 7144 of financing the cost of said drain where the same is necessary for the public health of the City and where the entire cost of the drain is to im be assessed wholly against public corporations , as defined in said Chapter 20 , AND WHEREAS , Section 486 of said Act 40 , Public Acts of Michi- gan, 1956 , as amended, provides as follows Sec. 486 . The terms of this chapter shall be applicable to any county drain located, or proposed to be located entirely within limits of a single city, village or township , if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT 1 The City Council , for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20 of Act 40 , Public Acts of Michigan, 1956 , as amended, applicable to the location, establishing, constructing and enclosing of the drain set forth in the preamble hereof , anddoes hereby consent to the location, establishing, constructing and enclosing of said drain pursuant to said Chapter 20 of Act . 40 , Public Acts of Michigan, 1956 , as amended 2 . The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign, for and on behalf of the City of Livonia, a petition praying for the location, establishing, constructing and enclosing of the drain set forth in the preamble hereof , pursuant to Chapter 20 of Act 40 ,Public Acts of Michigan, 1956 , as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Dooley, McNamara, Ventura and Kleinert . NAYS None. The Council departed from the regular order of business to take care of items on which people were waiting. By Councilman McNamara, seconded by Councilman Dooley, it was #393-65 RESOLVED that , having consider _c a communication dated April 13, im 1965 , from the Chief City Engineer, approved by the Director of Public Works and the Water and Sewer Commissioner, and a letter dated April 14, 1965 , from the Water and Sewer Commissioner, approved by the Director of Public Works , and resolution #WS 720 4/65 , adopted by the Water and Sewer Board, recommending a water main in Newburgh Road from Eight Mile Page 7145 Road to Schoolcraft to service new General Motors facilities and anti- cipated Ford Motor Company expansion in the industrial area, the Council does hereby authorize the transfer of $40 ,000 .00 from the Construction Fund of the Industrial. Road Account and $582 ,000 . 00 from the Surplus Fund Account to the Improvement Fund Account of the Water and Sewer Budget , and the expenditure of the sum of $650 ,000 . 00 from the Improvement Fund Account of the Water and Sewer Budget , said sum based upon the estimated cost of construction of the Newburgh Water Main from Eight Mile Road to Schoolcraft , and does hereby hire the firm of John E. Hiltz & Associates , Inc . , to make the necessary survey and prepare construction plans for the project , subject however, to sub- mission to and approval by the Council of a contract for such services and for the purpose of negotiation of such contract , the Council refers the same to the Department of Law. A roll call vote was taken on the foregoing resolution with the following result AYES Dooley, McNamara, Ventura and Kleinert . NAYS None. By Councilman Dooley, seconded by Councilman Ventura and unanimously adopted, it was la. #394-65 RESOLVED that , the Law Department be and hereby is authorized to submit to the Council whatever legislation is necessary to reduce the penalty for failure to pay water bills within the allotted time. The letter dated April 5 , 1965 , from the City Attorney regarding Frank J. Winton, et al , vs . City of Livonia, et al and Madonna Civic Association, was received and filed for the information of the Council . By Councilman Dooley, seconded by Councilman McNamara , it was #395-65 RESOLVED that , the Council does hereby determine that further taxicab service in the City of Livonia is necessary for the public con- venience and having considered the application of Stephen M. Sweeney d/b/a Checker Cab of Livonia, a Michigan co-partnership consisting of Timoleon Castillo , Robert Sweeney, James Berry, William Sweeney, Merwin Tucker, Ernest R. Larges , Michael Kleitch and Stephen M. Sweeney as co-partners , 33312 West Seven Mile Road, Livonia, Michigan, dated April 2 , 1965 , and having received and considered the recommendation dated April 9 , 1965 , of the Police Department , in connection with such application, the Council does herein determine that the above applicants are proper persons , both in experience and character, and that the applicants are fit and willing and able to engage in public transpor- i00 business and to conform to the provisions of Ordinance No . 166 , as amended, the Taxicab Ordinance, and the rules promulgated there- under by the Council, therefore, the Council does herein authorize the granting of a taxicab license to operate twenty- four ( 24) taxicabs; Page 7146 within the City of Livonia to the above applicants upon payment of the license fee and filing of the insurance policy or bond required by the provisions of the above Taxicab Ordinance , as well as any other require- ments made therein A roll call vote was taken on the foregoing resolution with the following result AYES Dooley, McNamara, Ventura and Kleinert . NAYS None. By Councilman McNamara, seconded by Councilman Ventura and unanimously adopted, it was #396-65 RESOLVED that , having considered a communication dated March 26 , 1965 , from Lewis N. George, Nicholas George Theatres , 6621 Allen Road, Allen Park, Michigan, requesting the return of fees paid in connection with the application of Jeffrey Lauren Land Company, and having consid- ered a communication dated April 6 , 1965 , from the City Clerk, the Council takes this means to advise Mr. Lewis N. George that the records of the City indicate Nicholas George and Nicholas George d/b/a Nicholas George Theatres as having deposited money and made application and that the City has no record of Jeffrey Lauren Land Company and will , there- fore, consider a request when made by the applicant as it appears from ism the City records , and requests Mr. Lewis N George to advise the Council of the interest of Jeffrey Lauren Land Company, and for this purpose, the City Clerk is requested to send a copy of this resolution to Mr. Lewis N. George. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #397-65 RESOLVED that , the Chief City Engineer having filed with the City Clerk plans and specifications for proposed paving together with a statement showing the descriptionof the proposed district , the esti- mated cost of the improvement , the ownership of parcels within such district , the assessed valuation of such parcels , his recommendation as to assessment for such improvement and other information required by Section 3 . 03 of Ordinance No . 401 , as amended, and after notice as required by Section 3. 04 of said ordinance and after careful consider- ation having been given to all such matters , the Council does hereby declare its determination of necessity for the paving of Amrhein Road from Levan Road to approximately 1710 feet East of Eckles Road, and the Chief City Engineer is requested to confer with the Council for a re- spread of the assessments for the purpose of establishing a resolu- tion in accordance with Section 3 05 of Ordinance No. 401 , as amended. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #398-65 RESOLVED that , the Chief City Engineer having filed with the City Clerk plans and specifications for proposed paving together with Page 7147 a statement showing the description of the proposed district , the estimated cost of the improvement , the ownership of parcels within im such district , the assessed valuation of such parcels , his recommenda- tion as to assessment for such improvement and other information requir- ed by Section 3. 03 of Ordinance No . 401 , as amended, and after notice as required by Section 3. 04 of said ordinance, and after careful consid- eration having been given to all such matters , the Council does hereby declare its determination of necessity for the paving of Amrhein Road from Eckles Road to approximately 1710 feet East , and the Chief City Engineer is hereby requested to confer with the Council for a re- spread of the assessments for the purpose of establishing a resolution in accordance with Section 3. 05 of Ordinance No. 401 , as amended. An Ordinance Amending Section 6 . 12 of Article VI of Ordinance No . 500 of the City of Livonia , Known and Cited as the Plat Ordinance, introduced by Councilman McNamara on April 14, 1965 , was taken from the table and a roll call vote conducted thereon with the following result AYES Dooley, McNamara, Ventura and Kleinert . NAYS None. The President declared the foregoing Ordinance duly adopted and would become [kweffective on publication. By Councilman Dooley, seconded by Councilman McNamara, it was #399-65 RESOLVED that , having considered a proposed lease of a five room residential dwelling previously used as a caretakers cottage, located on City owned property at Newburgh and Eight Mile Roads (golf course property) submitted pursuant to resolution #236-65 , by the Department of Law, the Council does hereby approve said lease with Raymond D. Gaines , 8851 Freemont , Livonia , for a period of one ( 1) year from the date of execution for residential purposes at a monthly rental of Eighty ($80 .00) Dollars , payable in advance; and the Mayor and City Clerk are hereby authorized to execute the same for and on behalf of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result AYES Dooley, McNamara, Ventura and Kleinert . NAYS. None. By Councilman McNamara , seconded by Councilman Ventura and unanimously adopted , it was Page 7148 #400-65 RESOLVED that , having considered a communication dated March 30 , 1965 , from Richard A. Young, State Representative, trans- mitting a copy of the ordinance from the City of Detroit to regulate drive-in restaurants , the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was #401-65 RESOLVED that , having considered a communication dated March 25 , 1965 , from the Chief Inspector and Director of Public Works, approved for submission by the Mayor, concerning recommendations regarding the staff of the Bureau of Inspection, the Council does hereby refer the same to the Finance Committee for its report and recommendation. By Councilman McNamara, seconded by Councilman Ventura and unanimously adopted, it was #402-65 RESOLVED that , having considered a communication dated March 31 , 1965 , from Bai-Lynn Park Civic Association, regarding lack of sidewalks on Lyndon Avenue from Sunset to Henry Ruff Road, the Council does hereby refer the same to the Streets , Roads and Plats Committee, and the Chief City Engineer is requested to recommend assessment districts and to submit such recommendations to the Streets , Roads and Plats Committee. twThe letter dated April 8 , 1965 , from Leonard R. Farber, Alto Building Company, 14201 West Eight Mile Road , Detroit , Michigan, was removed from the agenda, the Council being informed that the Planning Commission had taken action on this matter at its meeting of April 20 , 1965 . By Councilman McNamara, seconded by Councilman Ventura and unanimously adopted, it was #403-65 RESOLVED that , having considered a communication dated April 7 , 1965 , from Ralph A. Liberato , Staff Representative, Metropolitan Council No . 23-AFSC&ME, AFL-CIO, concerning sick leave provisions of Working Agreement , the Council does hereby refer the same to the Depart- ment of Law for its opinion concerning the application of City Charter provisions, Chapter V , Section 16 (e) as to sick leave policy By Councilman Ventura, seconded by Councilman Dooley and unanimously adopted, it was #404-65 RESOLVED that , having considered a communication dated April 2, 1965 , from the Director of Public Safety and Chief of Police, approved by the Budget Director and for submission by the Mayor, regarding two- way radio bids for the Division of Police, the Council does hereby accept the bid of Motorola Communications & Engineering, 13131 Lyndon, Detroit , Michigan, for supplying the City with nine new two-way radio Page 7149 units for a price of $6 ,084. 00 , deleting from said bid the installa- tion cost , thus reducing the bid to $5 , 859 . 00 , and such bid is accepted imo in lieu of the low bid for the reasons outlined in the aforementioned report and recommendation and for the technical reasons indicated by Lieutenant Robert Van Dyke. A roll call vote was taken on the foregoing resolution with the following result AYES Dooley, McNamara, Ventura and Kleinert NAYS None. By Councilman Ventura, seconded by Councilman Dooley and unanimously adopted, it was #405-65 RESOLVED that , having considered a communication dated April 8 , 1965, from the Personnel Director, regarding recommendations to establish a classification of Industrial Development Coordinator in the classified service, and the Council being aware that the Industrial Development Co-ordinator ' s present contract with the City expires May 30 , 1965 , does hereby refer said recommendations to the Committee of the Whole for its report and recommendation. immoBy Councilman McNamara, seconded by *Councilman Kleinert , it was #406-65 RESOLVED that , having considered the communication dated March 15 , 1965 , from the Mayor concerning land situated in the North- east corner of Haggerty and Seven Mile Road for proposed land fill purposes , and the report dated February 25 , 1965 , from the Department of Law, the Council does hereby request the Department of Law to take all steps necessary to prepare a condemnation suit , including prepara- tion of a resolution of necessity and obtaining expert appraisal in conjunction with such proceedings and, for this purpose does hereby authorize the expenditure of a sum not to exceed $1 ,000 00 from the Refuse Fund, for appraisers . *The President relinquished the chair to Councilman McNamara at 9 09 p .m. , to support the above resolution, and resumed the chair at 9 16 P. M. . A roll call vote was taken on the foregoing resolution with the following result AYES Dooley, McNamara and Kleinert NAYS Ventura The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was Page 7150 #407-65 RESOLVED that , having considered the report and recommendation dated March 19 , 1965 , from the City Planning Commission in regard to Petition No . Z-674, initiated by the City Planning Commission on its own motion, for change of zoning on property located from Cindy to the commercial property south of Plymouth Road in Section 33, from RUFB to R- 1-A, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition No Z-674 is hereby denied for the following reasons 1 . In general the people of the area do not wish to reduce their lot sizes , and 2 . The revised kennel ordinance can more effectively control the kennel problem, and 3. This great increase in density as proposed by the zoning change would seriously tax the existing community facilities within the area . By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was #408-65 RESOLVED that , having considered the report and recommendation dated March 19 , 1965 , of the City Planning Commission in regard to Petition No . Z-680 , as submitted by George H. Pastor for change of zoning on the Northeast and Northwest corners of Schoolcraft and Hubbard Roads in the Southwest 1/4 of Section 22 , from R-1-B to PS, the Council does hereby concur with the recommendation of the City Planning Commis- sion and the said Petition No . Z-680 is hereby approved and granted only pertaining to Parcel 22AA2a, located on the Northeast corner of Schoolcraft and Hubbard Roads, 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 McNamara, seconded by Councilman Ventura and unanimously adopted, it was #409-65 RESOLVED that , having considered the report and recommendation dated March 19 , 1965 , of the City Planning Commission in regard to Petition No . Z-682 , as submitted by Arthur W. Peterson, for change of zoning on property located approximately 200 feet north of Bretton Drive and west of Middlebelt Road in the Southeast 1/4 of Section 2 from RUFB to PS , the Council does hereby concur with the recommenda- tion of the City Planning Commission and the said Petition No . Z-682 is hereby approved and granted, and. the City Planner is instructed to cause the necessary map for publication to be prepared indicating the im 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. Page 7151 By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was #410-65 RESOLVED that , having considered the report and recommendation dated March 30 , 1965 , of the City Planning Commission in regard to Petition No Z-687 , initiated by the City Planning Commission on its own motion, for change of zoning on property located on the north side of Five Mile Road approximately 865 feet west of Newburgh Road, immedi- ately west of the Newburgh Heights Subdivision, in the Southeast 1/4 of Section 18 , from RLA to RM, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition No . Z-687 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 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 At the request of Mr. Clarence R. Charest , attorney for the petitioner, the appeal from the decision of the Planning Commission in regard to Peti- tion M-334, was removed from the agenda to the next study meeting of the Council . By Councilman Dooley, seconded by Councilman McNamara, it was #411-65 RESOLVED that , having considered the report and recommenda- tion dated April 6 , 1965 , from the Superintendent of Operations Divi- sion, approved by the Director of Public Works and Budget Director , the Council does hereby accept the bid of Digger and Aerial Sales and Service, Inc , 15301 Dale, Detroit , Michigan, for supplying the City with one ( 1) Skyworker, Model 1044A, Hydraulic Aerial Lift , mounted on an F-600 Ford Chassis for the price of $11 , 493. 00 , such having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result AYES Dooley, McNamara, Ventura and Kleinert . NAYS None. At 9 34 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. The letter dated April 13 , 1965 , from the Budget Director recommending the purchase of a used folding and stuffing machine , was removed from the agenda to the next study meeting of the Council Page 7152 By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was im #412-65 RESOLVED that , having considered a communication dated April 13, 1965 , from the Department of Law submitting a proposed new Traffic Ordinance (revision of Ordinance No . 21 , as amended) , the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Dooley, seconded by Councilman Ventura and unanimously adopted, it was #413-65 RESOLVED that , having considered a communication dated April 9 , 1965 , from the Department of Law submitting a proposed amend- ment to Article II , Section 2(b) of Ordinance No . 305 , the Swimming Pool Ordinance, the Council does hereby refer the same to the Legisla- tive Committee for its report and recommendation. The following resolution was offered by Councilman McNamara and supported by Councilman Dooley #414-65 WHEREAS , pursuant to due and proper notice, published and mail- ed to all property owners in Special Assessment District No . 25 , for the paving of Deering Avenue from Six Mile Road in a Northerly direc- tion approximately 1900 lineal feet to a point North of Bennett in Section 12 in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Ordinance No . 401 , as amended, of the City of Livonia, a public hearing thereafter having been held thereon on March 1 , 1965 , at 8 00 P. M. , at the City Hall , 33001 Five Mile Road, Livonia, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as pre- pared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 25, and WHEREAS , the City Council has heard and carefully considered all objections made to said assessments , NOW, THEREFORE, BE IT RESOLVED THAT 1 . The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated April 12, 1965 , in the amount of $30 , 481 . 26 , are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the Chief City Engineer and resolutions of the City Council , 2. Said Special Assessment Roll No . 25 is hereby approved and confirm- ed in all respects, im 3. The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of four per cent (47.) per annum on the unpaid balance of the assessment from the date of confirmation, in such cases where the installments will be less than Ten Dollars Page 7153 ($10 .00) , the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ( $10 . 00) as possi- ble, the first installment shall bedue and payable December 1 , 1965 , and subsequent installments on December 1st of succeeding years, 4. Pursuant to the provisions of Section 3. 10 of Ordinance No . 401 , as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 6 . 03, and mail assessment statements to the res- pective property owners assessed in the manner and substance as pro- vided by said Section 6 .03. Any property owner assessed may, within sixty (60) days from the date of confirmation of the roll , pay the whole or any part of the assessment without interest or penalty, 5 . The first installment shall be spread upon the 1965 City tax roll in the manner required by Section 6 . 05 of Ordinance No . 401 , as amend- ed, together with interest upon all unpaid installments from the date of confirmation of the roll to December 1 , 1965 , and thereafter one ( 1) installment shall be spread upon each annual tax roll , together with one (1) year ' s interest upon all unpaid installments , provided, how- ever, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No . 401 , as amended, either within sixty (60) day period as provided by Section 6 . 07 , or after the expira- tion of the sixty (60) day period as provided by Section 6 . 07 , then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, Lir 6. That the City Council having determined to pay the entire cost of intersections within said district and fifty per cent (50%) of the spec- ial assessment costs within said district , the sum of $17 , 990 . 63 is hereby transferred from the Unallocated Funds (Acct . #362- 2) to the Special Assessment District No. 25 Account (Civic Improvements Account of the General Fund Budget) to cover the City ' s cost of said installa- tion. A roll call vote was taken on the foregoing resolution with the following result AYES Dooley, McNamara, Ventura and Kleinert . NAYS None. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #415-65 RESOLVED that , having considered a communication dated April 12 , 1965 , from the Director of Public Safety, regarding traffic control lights in front of fire stations , the Council does hereby refer the same to the Finance Committee for its report and recommenda- tion. im By Councilman Ventura, seconded by Councilman Dooley and unanimously adopted, it was Page 7154 #416-65 RESOLVED that , having considered a communication dated April 14, 1965 , from the Department of Law submitting a proposed amendment to Ordinance No. 446 , the Street Ordinance, the Council does hereby refer the same to the Legislative Committee for its re- port and recommendation. By Councilman Dooley, seconded by Councilman McNamara, it was #417-65 RESOLVED that , having considered the report and recommendation dated April 8 , 1965 , from the Chief City Engineer , approved by the Director of Public Works , the Council does hereby accept the unit price bid of Allard Contracting Company, P. 0. Box #188 , New Hudson, Michi- gan, for installing drainage improvements on Levan Road between Lady- wood and Six Mile Road for the estimated cost of $19 , 659 . 00 (based on the Engineering Division ' s estimate of units of work involved) , and subject to a final payment based on the actual units of work as con- structed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid re- ceived for this work, and for this purpose, the sum of $19 , 659 . 00 is authorized to be advanced from the General Fund, such sum to be reim- bursed from the Levan Road Special Assessment District , and the Mayor and City Clerk are herein authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder, and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Dooley, McNamara, Ventura and Kleinert . NAYS None. The following preamble and resolution were offered by Councilman McNamara and supported by Councilman Ventura #418-65 WHEREAS, the City Council of the City of Livonia , County of Wayne, Michigan, intends to authorize the issuance of Public Library Bonds ( 1965 Series) of the City, in an amount not exceeding Two Hundred Fifty-Six Thousand ($256 ,000 . 00) Dollars , pursuant to the provisions of Act 305 , Public Acts of Michigan, 1919 , as amended, AND WHEREAS, notice of intent to issue said bonds must be pub- lished at least thirty ( 30) days before the adoption of a resolution authorizing issuance of the same in order to comply with the require- ments of Section 5 (g) , Act 279 , Public Acts of Michigan, 1909 , as amended, NOW, THEREFORE, BE IT RESOLVED THAT 1 . The City Clerk is hereby authorized and directed to publish a notice of intent to issue bonds in the Livonia Observer , a newspaper of general circulation in the City of Livonia, which said notice of intent shall be in substantially the following form. Page 7155 NOTICE OF INTENT TO ISSUE BONDS TAKE NOTICE that the City Council of the City of Livonia intends to adopt a resolution authorizing the issuance and sale of Public Library Bonds ( 1965 Series) of the City, in an amount not exceeding $256,000 . 00 , pursuant to Act 305 , Public Acts of Michigan, 1919 , as amended Said bonds shall be payable from taxes to be levied upon all taxable property in the City, without limitation as to rate or amount . This Notice is given pursuant to Section 5(g) , Act 279 , Public Acts of Michigan, 1909 , as amended. City Clerk 2. 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 InAYES Dooley, McNamara, Ventura and Kleinert . NAYS None. By Councilman McNamara , seconded by Councilman Ventura , it was #419-65 RESOLVED that , having considered a communication dated April 14, 1965 , from the Library Commission, to which is attached a copy of a letter dated March 8 , 1965 , from Genevieve M. Casey, State Librarian for the State of Michigan, regarding the necessity of executing a document entitled "Assurance of Compliance with the Department of Health, Education and Welfare Regulation Order , Title VI of the Civil Rights Act of 1964" (form HEW-441) , in connection with a grant in aid to be received from the United States of America pursuant to the Library Services and Construction Act , the Council does hereby author- ize the Mayor and City Clerk to execute in behalf of the City of Livonia the document known as Assurance of Compliance with the Depart- ment of Health, Education and Welfare Regulation Under Title VI of the Civil Rights Act of 1964 (form HEW-441) for the purpose of complying with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Regulation of the Department of Health, Education and Welfare (45 CFR Part 80) issued pursuant to that title in order to obtain federal funds to be used for the construc- tion of a proposed branch library to be located on Plymouth Road, east in of Farmington Road in Section 34, the Council does further authorize the Mayor and City Clerk to execute in behalf of the City of Livonia such additional compliance forms 441 as may be necessary where con- struction grants are made to the City of Livonia, and the City Clerk Page 7156 is hereby requested, upon proper execution of the afore- said document , imto forward a copy of same to the Michigan State Library, 735 East Michigan Avenue, Lansing, Michigan, to the attention of Genevieve M. Casey, State Librarian. A roll call vote was taken on the foregoing resolution with the following result AYES Dooley, McNamara, Ventura and Kleinert NAYS None. The letter and report dated April 19 , 1965 , from the Director of Public Safety regarding race track budget appropriation was received and filed for the information of the Council . By Councilman McNamara, seconded by Councilman Ventura and unanimously adopted, it was #420-65 RESOLVED that , having considered a communication dated Airil 2, 1965, from Millie A. Hubenschmidt , concerning resolution #960-64, re- irmgarding a lot split of Garden Farms Subdivision and requesting certain changes in the descriptions of the lot splits , the Council does hereby refer the same to the Planning Commission and the Assessor ' s office for their review, report and recommendation. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #421-65 RESOLVED that , the Council does hereby request the Department of Law to submit recommendations for amending the Rules of the Council as set forth in Ordinance No . 27 , as amended, to assist in the handling of the Council ' s business . By Councilman McNamara, seconded by Councilman Ventura, it was #422-65 RESOLVED that , having considered a communication dated April 21 , 1965 , from the Mayor enclosing a letter from the City Assessor advising the Council of the payment of charges , plus interest , on the redemption of property at a tax sale , to wit Item 02V1b2b3 , being the West 30 feet of the South 416 feet of the Southeast 1/4 of Section 2, said property being a portion of Purlingbrook Road, the Council does hereby authorize the transfer of $25 70 from the Unallocated Fund to the Mayor ' s Emergency Fund. ImA roll call vote was taken on the foregoing resolution with the following result AYES Dooley, McNamara, Ventura and Kleinert . NAYS None. Page 7157 The following resolution was unanimously introduced, supported and im adopted by the Council #423-65 WHEREAS, John T. Daugherty has faithfully served the City of Livonia as a Councilman for many years , and WHEREAS , Councilman Daugherty has in the course of such service given unselfishly of his time and conducted himself at all times in a manner so as to merit the commendation of the people of this community! NOW, THEREFORE , BE IT RESOLVED that , Councilman Daugherty, having resigned effective April 30 , 1965 , because his work is taking him from our City, the Council takes this means to express its sincere respect and esteem for John T. Daugherty together with its heartfelt thanks for a job well done . By Councilman McNamara , seconded by Councilman Dooley and unanimously adopted, it was #424-65 RESOLVED that , the Council hereby requests the City Assessor to submit a complete list of owners and property in the City of Livonia that received a reduction of assessment on appeal to the Board of Re- view, by Wednesday , May 5 , 1965 , and that this information be made avail- L able to the newspapers and the local radio station. On motion of Councilman McNamara, seconded by Councilman Ventura and unanimously adopted, this 491st regular meeting of the Council of the City of Livonia was duly adjourned at 10 . 04 P. M. , April 21 , 1965 Addison W. Bio 4, Ci y Clerk im