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HomeMy WebLinkAboutCOUNCIL MINUTES 1970-04-27 11252 MINUTES OF THE SIX HUNDRED EIGHTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 27, 1970, 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 8:40 P. M.. Councilman Milligan delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert E. Bennett. Absent--Peter A.Ventura. (Councilman Ventura is representing the City in Washington at the Chamber of Commerce Convention) Elected and appointed officials present: Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Robert Osborn, Director of Public Works; Gene Ehrstine, Police Commissioner; Rudolf Kleinert, Fire Commissioner; William Strasser, City Engineer; Ed Siemert, Assistant City Engineer; Don Hull, City Planner; Carl Demek, Superintendent of Operations Division; Stanley Bien, Chief Librarian; Harry Bridges, Personal Property Auditor; James Miller, Personnel Director; Victor C. Phillips, Budget Director; Thomas J. Griffiths, Jr., Chief Accountant; William Zirblis, Assistant Superintendent of Parks & Recreation; Francis Hand, Planning Commission; and William LaPine of the Zoning Board of Appeals. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #305-70 RESOLVED, that the minutes of the 682nd regular meeting of the Council of the City of Livonia, held April 20, 1970, are hereby approved. By Councilman Milligan, seconded by Councilman Brown, it was #306-70 RESOLVED, that having considered a communication from the Mayor and the Budget Director, dated April 27, 1970, wherein he proposes the employment of four additional patrolmen by the Division of Police, Department of Public Safety, commencing on and after May 1, 1970, for the balance of the fiscal year, the Council does hereby determine to transfer the sum of $26,852.00 from the Unallocated Appropriations Account to the following accounts, in the following amounts: 11253 Account #325-700 (Salaries and Fringe Benefits) $24,572.00 Account #325-768(Uniforms and Equipment 1,590.00 Account #325-960 (Training) 690.00 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was #307-70 RESOLVED, that having considered a communication from the City Engineer, dated April 27, 1970, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby concur in the action of the Livonia Drainage Board No. 26 in awarding a contract to the Rocco Ferrera Company for the construction of Livonia Drain No. 26 Storm Drain Outlet at an increased cost of $49,863.00 as outlined in a letter dated April 10, 1970 from said company to the Drainage Board stating the reasons for the increase and the breakdown thereof; provided, however, that the Council requests that the said action of the Drainage Board be made subject to obtaining an opinion from the Prosecuting Attorney of Wayne County that states that the contract may be reinstated in the manner herein provided; and further, the Mayor and the City Clerk are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The following resolution was unanimously introduced, supported and adopted: #308-70 RESOLVED that, after having reviewed the document titled "Identification and Beautification Reconnaissance Study", the City Council hereby concurs in this omnibus program for the identification and beautifi- cation of the City of Livonia; and FURTHER RESOLVED that, the City Council of the City of Livonia concurs specifically in the initiation of a Pilot Project as the first step in the launching of the comprehensive program set forth in the Identification and Beautification Reconnaissance Study; and FURTHER RESOLVED that, the Council will consider this document as their official guide for the beautification and identification of the City of Livonia. The following resolution was unanimously introduced, supported and adopted: 11254 #309-70 WHEREAS Title IX of the Housing and Urban Development Act of 1965 amends Title VII of the Housing Act of 1961 and provides for the making of grants by the Department of Housing and Urban Development to States and local public bodies to assist them in the beautification and improve- ment of open-space and other public urban land where such assistance is needed for carrying out a local program which is important to the compre- hensively planned development of the locality; and WHEREAS the City of Livonia desires to beautify and improve open- space and other public urban land to facilitate their increased use and enjoyment; and WHEREAS Title VI of the Civil Rights Act of 1964 and the regula- tions of the Department of Housing and Urban Development effectuating that Title prohibit discrimination on the basis of race, color, or national origin in the use of all facilities and improvements provided by Federal assistance; and WHEREAS the City of Livonia is cognizant of the conditions that are imposed in the undertaking and carrying out of programs assisted under Title VII of the Housing Act of 1961, as amended, including those relating to Labor standards and equal employment opportunity; and WHEREAS IT is estimated that the cost of the activities proposed to be carried out in performance of beautification and improvement of open- space and other public land exceeds the usual expenditures of the City of Livonia for comparable activities by $178,018. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVONIA: 1. That an application be made to the Department of Housing and Urban Development for a grant in an amount authorized by Title VII of the Housing Act of 1961, as amended, for urban beautification and improve- ment of open-space and other public urban land, which amount is presently estimated to be $89,579, and that the City of Livonia will provide the balance of the cost. 2. That the Mayor is hereby authorized and directed to execute and to file such application with the Department of Housing and Urban Development, to provide additional information and to furnish such documents as may be required by said Department, to execute such contracts as are required by said Department, and to act as the authorized correspondent of the City of Livonia. 3. That the proposed urban beautification activities are in accordance with the beautification program prepared by the City of Livonia, of importance to the comprehensively planned development of the locality, and that, should said grant application be approved, the City of Livonia will undertake, carry out, and complete said urban beautification activities designated in said application and approved by the Department of Housing and Urban Development. 11255 That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance by the City of Livonia with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964. 5. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance by the City of Livonia with the Federal labor standards imposed under Title VII of the Housing Act of 1961, as amended. By Councilman Raymond, seconded by Councilman Milligan, and unanimously adopted, it was #310-70 RESOLVED, that having considered a letter dated April 24, 1970 from the Mayor relative to the appointment of Joseph R. Talbot, 9901 Berwick, Livonia, Michigan, to the City Planning Commission for a term expiring on June 9, 1972, the Council does hereby approve of and concur with the appointment of Mr. Talbot, provided that he takes the oath of office required in Section 3, Chapter X of the City Charter, administered by the City Clerk. The following resolution was unanimously introduced, supported and adopted. #311-70 WHEREAS, we believe that in these days of world-wide tension and uncertainty it is necessary preparations be made to safeguard lives and property by establishing a Civil Defense organization adequate to meet all emergencies, whether caused by enemy attack, sabotage or other subversive action or natural disaster, and WHEREAS, we believe that this organization, to be effective, should have as its director a person qualified by experience, training, and an aptitude for leadership to collaborate with the State Director in carrying out a local Civil Defense program as prescribed by Federal and State statutes and regulations, and WHEREAS, we believe that Hugh Patrick O'Neill is so qualified, BE IT RESOLVED that Hugh Patrick O'Neill, who has signified his willingness to accept the office and its accompanying responsibilities, be appointed Civil Defense Director of City of Livonia. The following resolution was unanimously introduced, supported and adopted: #312-70 WHEREAS, the City of Livonia has an active Civil Defense organiza- tion eligible to participate in the Federal Surplus Property Program, and WHEREAS, it is a requirement that a resolution be adopted by the governing body specifically designating an individual to be responsible for accepting Federal Surplus Property, such individual to be empowered with full authority to sign for Surplus Property. 11256 NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council for the City of Livonia, State of Michigan, hereby designates Hugh Patrick O'Neill, Civil Defense Director, 15050 Farmington Road, as the person responsible for accepting Federal Surplus Property, with the power and full authority to sign for such Surplus Property. 2. That money is available to pay the service charges on surplus property received. 3. That Hugh Patrick O'Neill is further hereby authorized to direct the payment of such Surplus Property service charges in order to complete each transaction. The communication from the Mayor, dated April 22, 1970, transmitting a copy of a Statistical Analysis, prepared by the City Planning Department with respect to the growth and development of our City for the years 1965-1969, was received and filed for the information of the Council. Councilman Raymond gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 10 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMEND- ING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 69-10-1-35 FOR CHANGE OF ZONING FROM C-1 TO C-2, INTRODUCED BY COUNCILMAN RAYMOND ON APRIL 20z 1970. A roll call vote was taken on the foregoing Ordinance with the following result• AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the Ordinance duly adopted, and would become effective on publication. Councilman Raymond gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP OF THE CITY OF LIVONIA, AND AMEND- ING ARTICLE III OF ORDINANCE NO. 543, AS AMEND- ED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 69-10-1-34 FOR CHANGE OF ZONING FROM C-1 TO C-2, INTRODUCED BY COUNCILMAN RAYMOND ON APRIL 20, 1970. 11257 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the Ordinance duly adopted, and would become effective on publication. By Councilman Milligan, seconded by Councilman Brown, it was #313-70 RESOLVED, that having considered the report and recommendation of the Chief of the Livonia Division of Police, dated February 27, 1970, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of Mike Stark Company, 18221 W. Seven Mile Road, Detroit, Michigan, 48219, for supplying the City with Police Uniforms for the price of $9,677.50, the same 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: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #314-70 WHEREAS, it is necessary to locate, establish and construct certain drainage improvements to be located entirely within the limits of the City of Livonia, the description, location and route of said improve- ment being as follows : An enclosed extension to Livonia Drain No. 22 Branches Drain located in the N.W. 1/4 of Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; beginning at a point distant S. 89°28'10" E, along the N. line of said section, 1356.52 feet and S 0°35'41" W, 760 feet from the Northwest corner of said section and proceeding thence N 89°28'10" W, a distance of approximately 1,000 feet. AND WHEREAS, in the opinion of the City Council, the location, establishment and construction of said drainage improvement 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, should be assessed against the City of Livonia for public health; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said improvements where the same are necessary for the public health of the City and where the entire cost of the same is to be assessed wholly against public corporations, as defined in said Chapter 20; 11258 AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 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 the 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 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 and constructing of the drainage improvement set forth in the preamble hereof, and does hereby consent to the location, establishing and constructing of the same pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drainage improvement 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, establishment and construction of the same, as 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. 3. If for any reasons proceedings under the aforesaid Chapter 20 for the completion of said drainage improvements are not carried out, the City of Livonia shall pay all reasonable costs incurred by the Wayne County Drain Commissioner pursuant to this petition. 4. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #315-70 RESOLVED, that having considered a communication from the Depart- ment of Law, dated April. 7, 1970, submitted pursuant to Council Resolution #142-70, with respect to the relocation cost in the removal of an overhead power line at the site of Fire Station #6, the Council does hereby refer the same to the Finance and Insurance Committee for its report and recom- mendation. 11259 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown and unanimously adopted, it was 4316-70 RESOLVED, that the Council having adopted resolution #1256-69 at its regular meeting held 'on November 10, 1969, requiring the City Engineer to ascertain the assessed valuation of all property affected by the im- provement of the alley adjacent to the commercial development on the south side of Plymouth Road between Merriman&Hubbard Road in the City of Livonia, with an asphalt pavement, the number of parcels which show tax delinquen- cies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifica- tions and recommendations have been properly filed by the City Engineer with the City Clerk under date of April 22, 1970 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, June 3, 1970, at 8:00 P. M. as the date and time for a Public Hearing on the necessity for such proposed improvement, which public hear- ing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended; and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman McCann, seconded by Councilman Bennett, it was 4317-70 WHEREAS, it is necessary to locate, establish, construct and enclose branches of an existing County drain, known as Livonia Drain No. 1, to be located entirely within the limits of the City of Livonia, the location and route of said branches being as follows: Branch 41 Beginning on Livonia Drain No. 1 at the intersection of Arden Avenue and Plymouth Road and proceeding thence southerly in Arden Avenue approximately 140 feet. Branch #2 Beginning on Livonia Drain No. 1 at the intersection of Auburndale Avenue and Plymouth Road and proceeding thence southerly in Auburndale Avenue approximately 140 feet. Branch #3 11260 Beginning on Livonia Drain No. 1 at the intersection of Berwick Avenue and Plymouth Road and proceeding thence southerly in Berwick Avenue approxi- mately 140 feet. Branch #4 Beginning on Livonia Drain No. 1 at the intersection of Ingram and Plymouth Road and proceeding thence southerly in Ingram Avenue approximately 140 feet. Branch #5 Beginning on Livonia Drain No. 1 at the intersection of Blackburn Avenue and Plymouth Road and proceeding thence southerly in Blackburn Avenue approximately 140 feet. Branch #6 Beginning on Livonia Drain No. 1 at the intersection of Cranston Avenue arid. Plymouth Road and proceeding thence southerly in Cranston Avenue approxi- mately 140 feet. AND WHEREAS, in the opinion of the City Council, the location, establishing, constructing and enclosing of said branches are 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, 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 of financing the cost of said branches where the same are necessary for the public health of the City and where the entire cost of the same is to be assessed. wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 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 the limits of a single city, village or township, if such public corporation any' 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 branches set forth in the premile hereof, and does hereby consent to the location, establishing, constructing and enclosing of the same pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 11261 2. The proposed branches set forth in the preamble hereof being necessary for 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 same, as 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: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #318-70 RESOLVED, that having considered a communication from the Merri- Five Property Owners Association, Inc. , dated March 6, 1970, with regard to the opening of Henry Ruff Road from Rayburn south to Five Mile Road, the Council does hereby refer this communication to the School Board and City Council Joint Committee for its report and recommendation. The communication from Mrs. Raymond O'Day, 16945 Canterbury, Livonia, Michigan, dated March 28, 1970, requesting that a street light be placed on the corner of Canterbury and Six Mile Road, was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Milligan, it was #319-70 RESOLVED, that having considered a communication from City Engin- eer and Assistant City Engineer, dated March 18,1970, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Rose Construction, Inc., P. 0. Box 71, East Detroit, Michigan, 48201, for installing sidewalks on both sides of Five Mile Road from Inkster to Middlebelt Road, for the estimated total cost of $24,651.65, based on the Engineering Division's estimate of units of work involved and subject to the Final Payment based on the act»el units of work as constructed inaccordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work; and the Council does hereby authorize an advance in an amount not to exceed $24,651.65 from the 9.8 Million Dollar Street and Road Improvement General Obligation Bond Issue, which amount shall be reimbursed from the successful issuance of Special Assessment Bonds for this purpose; and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as complet- ed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. 11262 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Milligan, and unanimously adopted, it was #320-70 WHEREAS, pursuant to the direction of the City Council in its resolution #1140-69, adopted on October 13, 1969, and in accordance with Section 2-509, and Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of March 18, 1970 an assessment roil dated March 18, 1970, covering the proposed installationof sidewalks along both sides of Five Mile Road from Inkster Road to Middlebelt Road in the City of Livonia, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district hereto- fore established for the construction and operation of the proposed improvement in said district as designated in the said resolution #1140-69, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council or the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road, on Wednesday, June 3, 1970 at 8:00 p. m., to review the said special assessment roll, at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of June 3, 1970; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assess- ment roll in the City Assessor's office. By Councilman Milligan, seconded by Councilman Brown, it was #321-70 RESOLVED, that having considered a communication from the Depart- ment of Law, dated March 26, 1970, approved by the Mayor, with regard to obtaining revised appraisals from the City's appraisers in connection with the City's Open-Space Land Grant, Mich-OSA-58, Livonia, Michigan, the Council does hereby authorize an expenditure of not to exceed $2,000.00 from the $4,400,000.00 General Obligation Park and Recreational Facilities Bond Issue, to be paid to the City's appraisers for this purpose (as requisitioned by the Department of Law); and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. 11263 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Raymond, seconded by CouncilmAn Bennett, and unanimously adopted, it was #322-70 RESOLVED, that having considered a communication from the Mayor, dated March 23, 1970, relative to a proposed amendment to the Building Code, which would require certain additional fireproof construction in multiple dwellings, the Council does hereby refer this matter to the Mayor and the Bureau of Inspection for further study and recommendation with respect to the same. At 9:31 p. m., a recess was called, after which the meeting resumed with all members present who were named as present at the original roll call of this meeting. The communication from Guy B. Shaffer, Inc., 409 Farmdale Street, Ferndale, Michigan, dated February 2, 1970, with respect to the food and beverage concessions operated by the City, was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #323-70 RESOLVED, that the matter of the food and beverage concessions presently being operated by the City and the Parks and Recreation Commis- sion at certain facilities within the City, is he eby referred to the Committee of the Whole for its consideration at a meeting to be conducted on June 1, 1970 at 8:00 p. m. The communication from the City Planning Commission dated March 25, 1970 with respect to the rezoning of land at the northeast corner of Newburgh and Six Mile Road (CR#139-70), was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Brown, and unanimously adopted, it was #324-70 RESOLVED, that having considered a communication from the Livonia Office Pavilion, dated March 16, 1970, with regard to a certain alleged overpayment of taxes pertaining to the Livonia Office Pavilion, the Council does hereby refer the same to the Department of Law for its report and recommendation. 11264 By Councilman McCann, seconded by Councilman Milligan, and unanimously adopted, it was #325-70 RESOLVED, that having considered a communication from the Buckingham Village Civic Association, dated April 6, 1970, wherein a request is made for signs to be located for "hidden streets," the Council does hereby refer the same to the Director of Public Works for his report and recommendation. By Councilman Milligan, seconded by Councilman Raymond, it was #326-70 RESOLVED, that the Department of Public Works is hereby requested to investigate, and report to the Council, the number of "hidden streets" existing in the community, designating their location and the cost involved in installing signs to alleviate and remedy this situation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Brown and Nash. NAYS: Bennett. L The President declared the resolution adopted. The communication dated April 8, 1970 from the Department of Law, with respect to the development of Park Sites E, AA and BB, was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Milligan, it was #327-70 RESOLVED, that having considered a communication from the City Engineer, and Assistant City Engineer, dated April 20, 1970, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Ministrelli Construction Company, Inc., 12240 Merriman Road, Livonia, Michigan, 48150, for installing paving of Industrial Road - Westmore Avenue & Glendale Avenue - for the estimated cost of $143,088.15, rejecting the supplemental bid for using a mechanical float for the reasons stated, based on the Engineering Division's estimate of units of work involved and subject to the Final Payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work; and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of L Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. PI roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. 11265 LBy Councilman McCann, seconded by Councilman Milligan, it was #328-70 RESOLVED, that having considered a communication from the City Engineer and the Assistant City Engineer, dated April 17, 1970, approved by the Director of Public Works and approved for submission by the Mayor, concerning the installation of sidewalks at the following locations : Location 1 - On the east side of Levan Road between Five Mile Road and Roycroft Avenue (Bureau of Taxation #17g135); Length - approximately 100 lineal feet. Location 2 - On the west side of Hubbard opposite Jamison Avenue (Bureau of Taxation parcel #22GG8); Length - approximately 100 lineal feet. and for the reasons therein stated, the Council does hereby require the respective owners of lots and premises referred to above, to construct and install sidewalks in front of, adjacent to and abutting such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to the City's Code of Ordinances, as amended, Title 5, Chapter 1, Section 5-137; and further, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work on or before June 15, 1970. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Milligan, it was #329-70 RESOLVED, that having considered a communication from the City Engineer and Assistant City Engineer, dated April 1, 1970, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the installation of sidewalks on Levan Road north of Five Mile and Hubbard Road south of Five Mile Road at the locations referred to in Council Resolution #328-70, the Council does hereby authorize the Engineering Division to do all things necessary to have the said work completed in the event that the property owners referred to do not complete such work on or before June 15, 1970, and for this purpose the Council authorizes the Mon-Ton Concrete, Inc. to include this work as an additionaa item to the Farmington Road Sidewalk project. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Milligan, it was 11266 #330-70 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, Director of Public Works and Budget Director, dated March 16, 1970, approved for submission by the Mayor, the Council does hereby accept the following bids for the following specified items in the following amounts: 1. The bid of Bill Brown, Inc., 32222 Plymouth Road, Livonia, Michigan 48150, for supplying the Budget Department with one (1) new Ford Model E 100 Econoline Van Truck at a unit price of $2,228.87 less $26.00 trade-in allowance on a 1964 Ford 6- passenger Station Wagon, Ser. #4W72B109817 (DPW Veh. #501) for a total price of $2,202.87; and for supplying the Engineering Division with one (1) new Ford Club Wagon at a unit price of $2,700.20, less $26.00 trade-in allowance on a 1963 International Travel-All, Model C-102, Serial #SB279411A (DPW Veh. #502), for a total price of $2,674.20. 2. The bid of GMC Truck & Coach Division, General Motors Corporation, 5701 Wyoming, Dearborn, Michigan 48126, for supplying the Building Maintenance Section of the Operations Division with one (1) new GMC Model PE36055 Aluminum Step Van at a unit price of $4,508.95 less $150.00 trade-in allowance on a 1960 Ford Van Model P500, Ser. #P50JOH42831 with Mark Body (DPW Veh. #90), for a total price of $4,358.95. the same having been in fact the lowest bids received with respect to the foregoing. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Raymond, it was #331-70 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, Director of Public Works and Budget Director, dated March 16, 1970, approved for submission by the Mayor, the Council does hereby accept the bid of Bill Brown, Inc., 32222 Plymouth Road, Livonia, Michigan, for supplying the Operations Division with three (3) new Ford F100 Flareside Pickup Trucks and one (1) three-quarter ton F250 Flareside Pickup Truck, for a total cost of $8,275.50, the same having been in fact the lowest bids received with respect to these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. The President declared the resolution adopted. 11267 LBy Councilman McCann, seconded by Councilman Raymond, it was #332-70 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, Director of Public Works and Budget Director, dated April 7, 1970, approved for submission by the Mayor, the Council does hereby accept the bid of Bill Brown, Inc., 32222 Plymouth Road, Livonia, Michigan 48150, for supplying the Parks Section of the Operations Division with one (1) new current Model Truck Chassis, Model F-350 Chassis Cab, at a unit price of $2,194.06 less $51.00 trade-in allowance on a 1962 Chevrolet Dump Truck, Mod. 6103, Ser.#H21613F129025 (DPW Veh. #33) for a total price of $2,143.06, the same having been in fact the lowest bid received with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. the President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Brown, it was LRESOLVED, that trade-in of the International Travel-All and the Ford Pick-up be deleted in the acceptance of bids on vehicles for the Operations Division. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan and Brown. NAYS : McCann, Bennett and Nash. The President declared the resolution denied. By Councilman Raymond, seconded by Councilman McCann, it was #333-70 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, Director of Public Works and Budget Director, dated March 12, 1970, approved for submission by the Mayor, the Council does hereby accept the bid of W. F. Miller Garden & Lawn Equipment Co., 1593 S. Woodward Avenue, Birmingham, Michigan 48012, for supplying the Golf Course with one (1) new Jacobsen, Model 62210, Triplex Greens King Mower at the bid price of $2,995.00, less $200.00 trade-in allowance on two (2) Jacobsen Power Greens Mowers (Model 62203, Ser. #17041, DPW Equip. No. GM-1, 1967, and 1968 Model 62206, Ser. #4687, DPW Equip. No. GM-2) for a net price of $2,795.00, the same having been in fact the low and sole bid received with respect to this item. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was 11268 #334-70 RESOLVED, that having considered a communication from the Personnel Director, dated April 15, 1970, which transmits a resolution adopted by the Civil Service Commission on April 14, 1970, wherein the Commission did recommend that the following salary range be established for the classification of Chief Assistant City Attorney. Ste 1 Step 1-1/2 Step 2 Annual $16-;6516o $17,014.40 $17,37.20 Bi-wkly. 641.60 654.4o 667.2c Step 3 Step 4 " Step 5 Annual $18,054.40 $18,782.40 $19,510.40 Bi-wkly 694.40 722.4o 750.40 the Council does hereby concur in and approve of said recommendation and action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was #335-70 RESOLVED, that having considered a communication from the Mayor dated April 15, 1970, with regard to establishing funds in the 1970 Budget to be used for the position of Chief Assistant City Attorney in the Legal Department for the balance of the 1969-70 fiscal year, the Council does hereby authorize the expenditure as wages for the aforesaid position the sum of $11,331.00 currently appropriated for the position of City Attorney, and further, the sum of $1,211.00 is hereby transferred from the Legal Department Personnel Services Account to the Unallocated Appropriation Account. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #336-70 RESOLVED, that the Council does hereby request the Chief of Police to submit a report and recommendation relative to the number of P.R.E.P. (Hand radio) units now available and being used by the Livonia Police Department, as well as what additional units would be required to complete the overall needs of the Department in this respect; further, the Council does hereby request a report relative to the availability of obtaining Federal funds to assist in the acquisition of such P.R.E.P. units. 11269 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was #337-70 WHEREAS, it is necessary to locate, establish construct and enclose a branch, said branch to be known as Livonia Drain No. 33, within the drainage district of an existing County Drain, known as the Ryder Drain, to be located entirely within the limits of the City of Livonia, the location of said branch being as follows. A closed branch extending from approximately the intersection of Plymouth Road and Levan Road northerly along Levan Road for a distance of approximately 2700 feet. AND WHEREAS, in the opinion of the City Council, the location, establishing, constructing and enclosing of said branch 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, 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 of financing the cost of said branch where the same is necessary for the public health of the City and where the entire cost of the same is to be assessed wholly against public corporations, as defined in said Chapter 20- AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1965, 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 the 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 branch set forth in the preamble hereof, and does hereby consent to the location, establishing, constructing and enclosing of the same pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 11270 2. The proposed branch 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 same, as 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: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was #338-70 WHEREAS, it is necessary to locate, establish, construct and enclose a branch, said branch to be known as Livonia Drain No. 32, of an existing County Drain, known as Livonia Drain No. 22, to be located entirely within the limits of the City of Livonia, the location of said branch being as follows : A closed branch starting at a point located approximately 1280 feet south of the centerline of Schoolcraft Road and 1330 feet west of the centerline of Levan Road and extending easterly to Levan Road approximately 1300 feet; thence southerly along Levan Road approximately 850 feet. AND WHEREAS, in the opinion of the City Council, the location, establishing, constructing and enclosing of said branch 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 highway, 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 of financing the cost of said branch where the same is necessary for the public health of the City and where the entire cost of the same is to be assessed wholly against public corporations, as defined in said Chapter 20: AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 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 the 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". 11271 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 branch set forth in the preamble hereof, and does hereby consent to the location, establishing, constructing and enclosing of the same pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed branch 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 same, as 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: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #339-70 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, Director of Public Works and Budget Director, dated April 3, 1970, approved for submission by the Mayor, the Council does hereby accept the bid of Robertson Bros. Service Company, 26577 Grand River Avenue, Detroit, Michigan 48240, for the cleaning of the Botsford Park and Clements Circle Park Swimming Pools for the 1970 season, for a total cost of $1,770.00, the same 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: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 2 OF THE LIVONIA CODE OF ORDINANCES BY ADDING THERETO CHAPTER 19 ENTITLED "AN ORDINANCE TO ESTABLISH A DEPARTMENT OF ADMINISTRATIVE SERVICES", INTRO- DUCED BY COUNCILMAN MILLIGAN ON APRIL 20 1970. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. 11272 The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #340-70 RESOLVED, that having considered the report of the Legislative Committee, dated April 22, 1970, submitted pursuant to Council Resolution #1132-68, in connection with a proposed amendment to the Street Ordinance requiring driveway approach construction, the Council does hereby refer the same to the Department of Law for the preparation of a revised ordinance in a manner which would amend the City's Code of Ordinances, and also include language which would make such ordinance applicable at any given time only to existing and used driveways on streets that have curb and gutter treatment and expand the authority of the Bureau of Inspection to act on these matters. Councilman McCann gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6-223 OF CHAPTER 2 (TAXICABS) OF TITLE 6 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, INTRODUCED BY COUNCIL- MAN VENTURA ON APRIL 20, 1970. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Milligan, seconded by Councilman Bennett, it was RESOLVED, that the question of the propriety of this municipality in setting rates, as well as age minimum and other restrictions of drivers of taxi-cabs in the City of Livonia, is hereby referred to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann and. Bennett. NAYS: Raymond, Brown and Nash. The President declared the resolution denied. By Councilman Raymond, seconded by Councilman Brown, it was 112f3 #341-70 RESOLVED, that having considered the report and recommendation dated January 13, 1970, from the City Planning Commission, which sets forth its resolution #12-186-69 in regard to Petition 69-9-1-29 submitted by the Taubman Company, Inc., for a change of zoning on the north side of Plymouth Road, east of Sears Road, in the Southwest i/4 of Section 26, from M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on April 22, 1970, pursuant to resolution #132-70, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 69-9-1-29 is hereby approved and granted; 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. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, Milligan, Bennett, Brown and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Raymond, it was #342-70 RESOLVED, that having considered the report and recommendation dated January 13, 1970, from the City Planning Commission, which sets forth its resolution #12-187-69 in regard to Petition 69-9-1-31 submitted by Sachs Associates for a change of zoning on the north side of Vassar Avenue approximately 340 feet east of Middlebelt Road in the Southwest 1/4 of Section. 1, from RUF to P0, and the Council having conducted a public hearing with regard to this matter on April 22, 1970, pursuant to resolution #132-70, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 69-9-1-31 is hereby approved and granted, 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. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #343-70 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. 11274 The following resolution was unanimously introduced, supported and adopted: #344-70 RESOLVED, that having considered a request dated April 27, 1970 from Mrs. J. Holcomb, Chairman of the Holmes Spring Fair, to use sound equipment in the residential areas adjoining the Holmes Junior High School. in connection with the Annual Spring Fun Fair to be conducted on May 2, 1970, the Council does hereby grant permission for the same in the manner requested, on May 2, 1970, from 11:00 A. M. to 1:00 P. M. By Councilman Milligan, seconded by Councilman Brown, it was #345-70 RESOLVED, that the Department of Law is hereby requested to submit an Ordinance (if required) which would purport to prohibit children under the age of sixteen from frequenting (leaving vehicle) at the City's sanitary land fill site. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Brown and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, this 683rd regular meeting of the Council of the City of Livonia was duly adjourned at 11:08 P. M., April 27, 1970. ADDISON W. BACO Ci • Cle'k.