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HomeMy WebLinkAboutCOUNCIL MINUTES 1965-08-11 SPECIAL Page 7382 MINUTES OF THE NINETY-SEVENTH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Pursuant to the provisions of Section 8, Chapter IV of the City Charter, the above meeting was held on August 11, 1965, at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at ap- proximately 8:19 P. M. . Councilman McCann delivered the invocation Roll was called with the following result: Present--Rudolf R Kleinert, Charles J Pinto, Edward G Milligan, Edward H McNamara and James R McCann Absent--Peter A Ventura and John F Dooley. Elected and appointed officials present. Addison W Bacon, City Clerk, Steve Polgar, City Attorney, Harry C Tatigian, first Assistant City Attorney, Victor C Phillips, Budget Director, Ronald Nisun, Constable, William J Strasser, Chief City Engineer, John E Hiltz, Consulting Engineer, Robert A Shaw, Director of Public Works, Joseph Handzlik, Civil Service Commission, Thomas J Griffiths, Jr , limo Chief Accountant, Don Hull, City Planner, Joel LaBo, Director of Public Safety and Daniel R Andrew, Industrial Coordinator By Councilman McNamara, seconded by Councilman McCann, it was #777-65 RESOLVED that, having considered a communication dated August 11, 1965, from the City Clerk regarding the need for providing additional funds to supplement the budget in order to conduct the Special Primary Election to be held on Tuesday, September 14, 1965, the Council does hereby transfer the sum of S3,931 00 from the Unappropriated Surplus to the following accounts in the following amounts Acct No 152-1 Salaries $2,640 00 Acct No 152-15 Transporting Election Machines 838 00 Acct No 152-20 Printing' Ballots, Posters, Poll Books, Applications, A. V. Ballots, etc 125 00 Acct No 152-23 Publishing Registration, election 328 00 A roll call vote was taken on the foregoing resolution with the following result: to AYES' McCann, Pinto, Milligan, McNamara and Kleinert NAYS' None Page 7383 By Councilman McCann, seconded by Councilman Milligan and unanimously adopted, it was #778-65 RESOLVED that, having considered the report and recommendation dated August 11, 1965, from the City Clerk, relative to designation of polling place for Precinct. No. 32, the Council does hereby designate the Herbert Hoover Elementary School, located at 15900 Levan Road in Section 17, as the polling place for Precinct No 32 The communication dated July 30, 1965, from the Board of Wayne County Road Commissioners, submitted pursuant to resolution #679-65, regarding a progress report on the right-of-way acquisition and construction schedule for the Merriman Road im- provement, was received and filed By Councilman Pinto, seconded by Councilman McNamara and unanimously adopted, it was #779-65 RESOLVED that, having considered a letter dated July 21, 1965, from Paul Zuckerman, President, Luap, Inc , and a communication dated August 6, 1965, from the Industrial Coordinator in connection therewith, regarding the description of that area, which shall be excepted from and not included in Special Assessment District No 26, the street paving of the Industrial Road, owned by Luap, Inc , Parcel 26A1b3, B2, the Council does hereby amend Special Assessment Roll No 26, which roll was confirmed in Council resolution #487-65, adopted on May 12, 1965, so as to except and exclude from the roll tne following described area: That part of the N. E. 1/4 of Section 26, T 1 S. , R 9 E , Wayne County, Michigan, described as beginning at a point distant South 89° 56' W. along the north Section line, 776 53 feet, and due South 602.0 feet from the N. E. corner of Section 26, and proceeding thence due South 59.08 feet, thence S 89° 56' W, 916 07 feet, thence due North 59 08 feet, thence N 89° 56' , E, 916.07 feet to the point of beginning, further, the Council does hereby designate that the legal description for the Special Assessment District No. 26 shall be described as follows: A special assessment district located in the N 1/2 of Section 26, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, being more particularly described as follows. That part of the N 1/2 of Section 26, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at the W 1/4 corner of Section 26, and proceeding thence northerly along the West line (Merriman Road) of said Section 26, 1,023 50, thence Easterly and along the south line of Bureau of Taxation Parcel 26Flbla, 474.62 feet, thence Northerly along the east line of said parcel, 132 0 feet, thence Westerly along the north line of said parcel 26Flbla, 475 71 feet to the West line of Section 26, thence northerly along said West line, 167 95 feet, thence Easterly and along the north lines of Bureau of Taxation Parcels 26Flalb and Page 7384 26Flala, 2,476 83 feet, thence Northerly along the West line of Bureau of Taxation Parcel 260112, 2b, 3b, 4b, 26E12b, 660.0 feet, thence Easterly along the South lines of Bureau of Taxation Parcels 26E12a, 2604a, 26C3a, 433.0 feet, thence Southerly along the West line of Bureau of Taxation Parcel 26C2a, 9 85 feet, thence Easterly along the South line of said parcel 134 0 feet, thence Northerly along the East line of said Parcel 26C2a, 9 85 feet, thence Easterly and along the South lines of Bureau of Taxation Parcels 2601b1 and 26B1, 1478 57 feet; thence Northerly along the West line of Bureau of Taxation Parcel 26A1b2cA2b, 661 08 feet to the North line of Section 26 (Schocicraft Road), thence Easterly along said North line, 466.53 feet, thence Southerly and along the West line of Bureau of Taxation Parcel 26A1, a, b2a, 352 0 feet, thence Easterly along the South line of said parcel, 310 0 feet to the East line (Middlebelt Road) of Section 26, thence Southerly along said East line 2,194 31 feet, thence Northwesterly, 370 79 feet and Westerly, 2,018 81 feet and Southwesterly, 289 26 feet along the North line of Bureau of Taxation Parcel 26D2 to the North and South 1/4 Section line of Section 26, thence Southerly along said Section line, 138.78 feet to the center 1/4 corner of Section 26, thence westerly along the East and West 1/4 Section line, 2,637 62 feet to the point of beginning, and the City Clerk, City Treasurer and City Assessor are hereby requested to do all things necessary or incidental to the full performance of this resolution The following resolution was orfered by Councilman McCann and seconded by Councilman Milligan: #780-65 WHEREAS, it is the policy of this locality to eliminate sub- standard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens, and WHEREAS, UNDER THE PROVISIONS of the United States Housing Act of 1937, as amended, the Public Housing Administration is authorized to provide financial assistance to local public housing agencies for under- taking and carrying out preliminary planning of low-rent housing projects that will assist in meeting this goal, and WHEREAS, the Act provides that there shall be local determination of need for low-rent housing to meet needs not being adequately met by private enterprise and that the Public Housing Administration shall not make any contract with a public housing agency for preliminary loans for surveys and planning in respect to any low-rent housing projects unless the governing body of the locality involved has be resolution approved the application of the public housing agency for such preliminary loan, and WHEREAS, the City of Livonia (herein called the "Local Authority") is a public housing agency and is applying to the Public Housing Adminis- tration for a preliminary loan to cover the costs of surveys and planning in connection with the development of low-rent housing, NOW, THEREFORE, be it resolved by the Council of the City of Livonia, as follows Page Cj(Y) 1 There exists in the City of Livonia a need for such low-rent housing at rents within the means of low-income families; 2 The application of tne Local Authority to the Public Housing Administration for a preliminary loan in an amount not to exceed S15,800.00 for surveys and planning in connection with low-rent housing projects of not to exceed approximately 79 dwelling units is hereby approved A roll call vote was taken on the foregoing resolution with the following result. AYES. McCann, Pinto, Milligan, McNamara and Kleinert NAYS: None The following resolution was offered by Councilman McCann, seconded by Councilman Milligan: #781-65 WHEREAS, the City of Livonia (hereinafter called the "Municipality"), acting by and through the Livonia Housing Commission (hereinafter called the "Commission"), has requested from the Public Housing Administration (hereinafter called "PHA") a Program Reservation for 79 units of low-rent housing to be developed and located within the corporate limits of the Municipality and may hereafter apply for additional Program Reservations, WHEREAS, the Municipality, acting by and through the Commission, shall endeavor to secure one or more contracts with the PHA for loans and annual contributions in connection with the development and administration of such low-rent housing projects, all pursuant to tne United States Housing Act of 1937, as amended (hereinafter called the "Act"), and WHEREAS, all such low-rent housing projects are for a public purpose and exempt from all real and personal property taxes under the Constitution and Statutes of the State of Michigan, and WHEREAS, the Municipality is desirous of assisting and cooperating in such undertakings and of complying with the provisions of Sections 10(a), 10(h), and 15(7)(b) of the Act, as well as all other applicable provisions thereof, NOW, THEREFORE, BE IT RESOLVED, That. Section 1 Whenever used in this resolution, the following terms shall have the following meaning. (a) The term "Project" shall mean any low-rent housing hereafter developed as one operation by the Commission with financial assistance of the PITA and included within any Program Reservations issued to the Municipality, acting by and through the Commission, by the PHA which in the aggregate may not exceed 79 units of low- rent housing A Project will generally be located on a single site but may be on scattered sites (b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof (including the Municipality) in which a Project is situated and which would have authority to assess or levy real or personal properly taxes or to certify Page 7386 such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and non-dwelling rents (excluding all other income of such Project), less the cost of all dwelling and non-dwelling utilities. (d) The term "Slum" means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. Section 2. The Municipality agrees that with respect to any Project, so long as either (a) such Project is used for low-rent housing purposes, or (b) any contracts between the Municipality, acting by and through the Commission, and the PHA for loans or annual contributions, or both, in connection with such Project shall remain in force and effect, or (c) any bonds issued in connection with such Project shall remain outstand- ing, whichever period is the longest, the Municipality will not levy or impose any real or personal property taxes upon such Project or upon the Commission with respect thereto. During such period, the Commission shall make annual payments to the Municipality (hereinafter called "Payments in Lieu of Taxes") in lieu of such taxes and in payment for public services and facilities furnished for or with respect to such Project Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Project and shall be in an amount equal to either (a) ten per cent (10%) of the aggregate Shelter Rent charged by the Commission in respect to such Project during such fiscal year or (b) the amount permitted to be paid by applicable state law in effect on the effective date of this resolution, whichever amount is the lower, provided, however, that upon failure of the Commission to make any such Payment in Lieu of Taxes, no lien against any Project or assets of the Commission shall attach The Municipality shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in accordance with applicable state law, provided, however, that no payment for any year shall be made to any Taxing Body (including the Municipality) in excess or the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Project were not exempt Cram taxation Section 3. The Municipality agrees that, subsequent to the date of initiation (as defined in the Act) of each Project and within five years after the completion thereof, or such further period as may be approved by the PHA, there has been or will be elimination (as approved by the PHA) by demolition, condemnation, effective closing, or compulsory repair or improvement, of unsafe or insanitary dwelling units situated in the locality or metropolitan area of the Municipality suostantially equal in number to the number of newly constructed dwelling units provided by such Project, Provided, That, where more than one family is living in an unsafe or insanitary dwelling unit, the elimination of such unit shall count as the elimination of units equal to the number of families accomodated therein, and Provided, Further, That this Section 3 shall not apply in the case of (a) any Project developed on the site of a Slum cleared subsequent to July 15, Page 73b7 1949, and, that the dwelling units eliminated by the clearance of the site of such Project shall not be counted as elimination for any other low-rent housing Project, or (b) any Project located in a rural non-farm area. Section 4 During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (a) such Project is used for low-rent housing purposes, or (b) any contract between the Municipality, acting by and through the Com- mission, and the PHA for loans or annual contributions, or both, with respect to such Project shall remain in force and effect, or (c) any bonds issued in connection with such Project shall remain outstanding, whichever period is the longest, the Municipality, without cost or charge to the Com- mission or the tenants of such Project (other tnan the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Commission and the tenants of such Project public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality, (b) Vacate such streets, roads, and alleys within the area of such Project as may be necessary in the development thereof, and without charge , transfer to the Commission jurisdiction of any interest the Municipality may have in such vacated area; and inso- far as it is lawfully able to do so without cost or expense to the Commission and/or to the Municipality, cause to be removed from such vacated areas, insofar as it may be necessary, all public Lor private utility lines and equipment, (c) Insofar as the Municipality may lawfully do so, grant such waivers of the building code of the Municipality as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project, and make such changes in any zoning of the site and surrounding territoryof such Project as are reasonable and necessary for the development and protection thereof, (d) Accept grants of easements necessary for the development of such Project, and (e) Cooperate with the Commission by such other lawful action or ways as the Municipality and Commission may find necessary in connection with the development and administration of such project Section 5 In respect to any Project, the Municipality further agrees that within a reasonable time after receipt of a written request there- for from the Commission. (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project after the Commission, out of Project development funds, has com- pleted the grading, improvement, and paving thereof in accordance with specifications acceptable to the Municipality, and (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto (in con- sideration whereof the Commission shall pay to the Municipality as Project development costs such amount as would be assessed against the Project site for work if it were privately owned), and (c) It will provide, or cause to be provided, water mains, and storm Page 7388 and sanitary sewer mains, leading to such Project and serving the boundary streets thereof (in consideration whereof the Com- mission shall pay to the Municipality as Project development costs such amount as would be assessed against the Project site if it were privately owned) Section 6 If the Municipality shall, within a reasonable time after wri,ten notice from the Commission, fail or refuse to furnish or cause to be furnished any of the services or facilities which it is ob- ligated hereunder to furnish or cause to be furnished to the Commission or to any Project, then the Commission upon obtaining such services or facilities elsewhere shall deduct the cost therefor from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Project or any other low-rent housing Projects assisted or owned by the PHA. Section 7 The Municipality agrees that so long as any contract between the Municipality, acting by and through the Commission, and the PHA for loans (including preliminary loans) or annual contributions, or both, with respect to any Project shall remain in force and, effect, or so long as any bonds issued in Lonnection with such Project shall remain outstanding, this resolution shall be regarded as a contract and shall not be abrogated, changed, or modified without the consent of the PHA The privileges and obligations of the Municipality hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project- is held by the Municipality or some other public body or governmental agency, including the PHA, authorized by law to engage in the development or administration of low-rent housing Projects If at any time the beneficial title to, or possession of, any Project is held by such other public body or governmental agency, including the PHA, the provisions hereof shall inure to the benefit of and may be enforced by, sucn other public body or governmental agency, including the PHA Section 8 No Cooperation Resolution heretofore entered into between the Municipality and the Commission shall be construed to apply to any Project covered by this Resolution Section 9 In the event any provision hereof is held invalid, the remainder shall not be affected thereby, it being the intent of this resolution to cooperate in the development and administration of the Project or Projects to the fullest extent permitted by law A roll call vote was taken on the foregoing resolution with the following result AYES: McCann,Pinto,Milligan, McNamara and Kleinert NAYS None. By Councilman McCann, seconded by Councilman Pinto and unanimously adopted, it was #782-65 RESOLVED that, having considered a communication dated July 15, 1965, from the Department of Law regarding Livonia Housing Commission's Application for a Program Reservation and a Preliminary Loan, the Council does hereby rescind its previous action taken in resolution #693-63, adopted on September 4, 1q63, for tne reason that the same was adopted prematurely Page 7389 The communication dated July 21, 1965 from the City Planning Associates, Inc. , Urban Renewal Consultants, regarding urban renewal and long range planning for the City of Livonia, was received and filed By Councilman McCann, seconded by Councilman McNamara, it was #783-65 RESOLVED that, having considered the communication dated July 30, 1965, from the Department of Law regarding the payment of 1964 taxes owing on property described as. Outlot A, Bretton Gardens Colony Subdivision of part of the Southeast 1/4 of Section 2, Town 1 South, Range 9 East, City of Livonia, Wayne County,Michigan, as recorded in Liber 84, Page 13, of Plats, Wayne County Records, and the Council having previously accepted the aforesaid property by a Quit Claim Deed pursuant to resolution #681-63, does hereby appropriate the sum of S47 84 from the Unappropriated Surplus such sum to be paid to Louis H Funk, Treasurer, County of Wayne, 224 City-County Building, Detroit 26, Michigan, for the purpose of paying the 1964 taxes on the afore- said property, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Pinto, Milligan, McNamara and Kleinert NAYS: None By Councilman McNamara, seconded by Councilman McCann, it was #784-65 RESOLVED that, having considered a communication dated July 28, 1965, from Stanley J Molenda, Director of Accounting and Auditing Divisions, Board of Wayne County Auditors, to which is attached a communication dated July 28, 1965, from Stephen J Ura, Asst Dir of Acctg. and Auditing, to a request made by the Council in its resolution #670-65, adopted on June 30, 1965, relative to a communication dated June 30, 1965, wherein the City Treasurer had submitted for payment Invoice No 31727, dated June 21, 1965, from the Wayne County Board of County Auditors in the amount of S11,163.50, for the preparation of assessment rolls, tax rolls, tax bills, and delin- quent tax rolls and special services, by thc Bureau of Taxation for the County of Wayne, covering the fiscal year beginning December 1, 1964, and ending November 30, 1965, the Council does hereby transfer the sum of S2,744 90 as an additional appropriation from the Unappropriated Surplus to Account No 141-19 for this purpose, and the City Clerk and City Treasurer are herein authorized to do all other things necessary or in- cidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES. McCann, Pinto, Milligan, McNamara and Kleinert NAYS: None. Page 7390 By Councilman McNamara, seconded by Councilman Pinto and unanimously adopted, it was #785-65 RESOLVED that, having considered a communication dated July 28, 1965, from the Board of Wayne County Auditors by its Director of Account- ing and Auditing Divisions, Stanley J. Molenda, to which is attached a letter also dated July 28, 1965, from Mr. Stephen J. Ura, Asst Director of Accounting and Auditing, the Council does hereby refer the same to the Mayor for his information, particularly citing that statement contained in the letter from Mr Ura which indicates that the processing of lot splits by the Assessor of the City of Livonia is conducted in a manner unlike that conducted in other communities and which may as a result have cost the City of Livonia a considerable amount of money. By Councilman McCann, seconded by Councilman Pinto and unanimously adopted, it was #786-65 RESOLVED that, having considered a communication dated July 28, 1965, from the Chief City Engineer, approved by the Director of Public Works, and submitted pursuant to resolution #562-65, in connection with a petition to construct and maintain a cul-de-sac on Grove Drive west of Merriman Road, received by the City Clerk on May 25, 1965, from Wilson W Edgar and 18 others, the Council does hereby refer the same back to the Chief City Engineer for a report on the feasibility and availability of acquiring additional right-of-way of sufficient width in this area which would allow for the construction of a cul-de-sac which would be 120 feet in diameter in accordance with prescribed and standard right-of-way required in this regard. By Councilman McCann, seconded by Councilman Milligan and unanimously adopted, it was #787-65 RESOLVED that, having considered a communication dated July 27, 1965, from the Chief City Engineer, approved by the Director of Public Works, regarding the proposed installation of sanitary sewer lines on Oakley Avenue extended from Compton Village Subdivision, and on Lyndon Avenue extended from Compton Village Subdivision, the Council does hereby refer the same to the Water and Sewer Board and the Engineering Division with the recommendation that the same be included in the next Miscellaneous Sanitary Sewer Line Construction Project By Councilman McNamara, seconded by Councilman Milligan and unanimously adopted, it was #788-65 RESOLVED that, the Council does hereby determine to proceed no further with the special assessment proceedings heretofore commenced for in- stalling paving on Newburg Road from Schoolcraft Road to Plymouth Road in Sections 29 and 30 in the City of Livonia, pursuant to Ordinance No 401, as amended, in view of the difficulty in satisfactorily apportioning the benefits and costs of such contemplated improvement to the satisfaction of the majority of the residents that would have been affected thereby, and the Council therefore rescinds each and every resolution heretofore adopted in connection with such special assessment proceedings Page 7391 By Councilman McNamara, seconded by Councilman McCann, it was #789-65 RESOLVED that, the Chief City Engineer having filed with the City Clerk a statement dated May 20, 1965, on all matters required by Section 3 03 of Ordinance No 401, as amended, and a first public hearing having been held thereon on July 19, 1965, after due notice as required by Section 3 04 of said ordinance, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 05 of said ordinance, 1) accept and approve said statement in all respects, 2) determine to make the improvement of sidewalk installation on Seven Mile Road between Gillman and Floral Streets, in the City of Livonia, T 1 S , R 9 E. , Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 3) approve the plans and specifications for said improvement as set forth in said statement dated May 20, 1965, 4) determine that the estimated cost of such improvement is S1,193 50, 5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, 6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 062 00 for a sidewalk across the alley, and that the balance of said cost and expense of said public improvement amounting to 31,131 50 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, 7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon in the amount of four per cent (4%) per annum on unpaid balance, 8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows : Lots 1 through 13 of Sunningdale Park Subdivision, a part of the East 1/2 of the West 1/2 of the Northeast 1/4 of Section 12, T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan, 9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and 10) that upon the completion of said roll the City Assessor shall rate 32'- attach thereto tne certificate required by the provisions of Section 3 07 of Ordinance No 401, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present same to the City Council prior to the holding of the second public hearing thereon required by Section 3 08 of said ordinance A roll call vote was taken on the foregoing resolution with the following result. AYES : McCann, Pinto, Milligan, McNamara and Kleinert NAYS: None By Councilman McNamara, seconded by Councilman Pinto and unanimously adopted, it was #790-65 RESOLVED that, the proposed installation of sidewalks on Lathers, Brentwood and on the North side of Seven Mile Road, in Section 1 of the City of Livonia, be and is hereby tabled to a special study meeting to be held on Monday, September 13, 1965, and that all persons interested in this project be notified of such meeting By Councilman Milligan, seconded by Councilman Pinto and unanimously adopted, it was #791-65 RESOLVED that, the Council does hereby request that the Chief City Engineer hold in abeyance such action as may be required of him in connection with the construction of public sidewalks along the east side of Brentwood Avenue south of Pembroke Avenue, pursuant to the authorization set forth in resolution #222-65, adopted on March 10, 1965, until such time as he may be further advised of the Council's determination in this regard The following resolution was offered by Councilman McNamara and seconded by Councilman McCann: #792-65 WHEREAS, pursuant to lue and proper notice published and mailed to all property owners in Special Assessment District No 29, for the proposed installation of paving of Amrhein Road from Levan Road to ap- proximately 1710 feet east of Eckles Road, in Section 29 and Section 30, T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as required by 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 August 2, 1965, at the City hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be con- structed in Special Assessment District No 29, and WHEREAS, the City Council has heard and carefully considered all ob- jections 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 June 18, 1965, in the amount of S312,228.98, 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 tne Chief City Engineer and resolutions of the City Council, 2 Said Special Assessment Roll 29 is hereby approved and confirmed in all respects, 3 The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of four per cent (4%) per Page 7393 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 (S10 00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars (S10 00) as possible The first installments shall be due and payable December 1, 1966, 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 re- quired by Section 6 03, and mail assessment statements to the respective property owners assessed in the manner and substance as provided 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 1966 City tax roll in the manner required by Section 6 05 of Ordinance No 401, as amended, together with interest upon all unpaid installments from the date of con- firmation of the roll to December 1, 1966, and thereafter one (1) install- ment shall be spread upon each annual tax roll, together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No 401, as amended, either within the sixty (60) day period as provided by Section 6 04, or after the expiration 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, 6 That the City Council does hereby determine that the entire cost of the proposed improvement within the said district shall be levied as set forth in the special assessment roll A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Pinto, Milligan, McNamara and Kleinert NAYS* None. The following resolution was offered by Councilman McNamara and seconded by Councilman Milligan: #793-65 WHEREAS, pursuant to dt10 and proper notice, published and mailed to all property owners in Special Assessment District No 30, for the pro- posed installation of paving of Amrhein Road, from Eckles Road to ap- proximately 1710 feet east, in Section 30, T. 1 S , R. 9 E. , 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 August 2, 1965, at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 30, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, Page 7394 NOW, THEREFORE, BE IT RESOLVED THAT 1 The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated June 18, 1965, in the amount of $8,210 58, 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 30 is hereby approved and confirmed in all respects, 3 The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of four per cent (4%) 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 ($10 00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10 00) as possible The first installment shall be due and payable December 1, 1966, 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 trans- mitted to the City Treasurer who shall then publish notice as is required by Section 6 03, and mail assessment statements to the respective property owners assessed in the manner and substance as provided 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 1966 City tax roll in the manner required by Section 6 05 of Ordinance No 401, as amended, together with interest upon all unpaid installments from the date of con- firmation of the roll to December 1, 1966, and thereafter one (1) install- ment shall be spread upon each annual tax roll, together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No 401, as amended, either within the sixty (60) day period as provided by Section 6 04, or after the expiration 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 install- ments, 6. That the City Council does hereby determine that the entire cost of the proposed improvement within the said district shall be levied as set forth in the special assessment roll A roll call vote was taken on the foregoing resolution with the following result AYES McCann, Pinto, Milligan, McNamara and Kleinert NAYS: None By Councilman McCann, seconded by Councilman Milligan and unanimously adopted, it was Page 7395 #794-65 RESOLVED that, having considered a letter dated July 16, 1965 from the City Planning Commission, recommending that the preliminary plat of the proposed Plymouth-Levan Industrial Subdivision be approved, the Council does hereby acknowledge receipt of same and defers further action until receipt of the report from the Engineering Division relative to development plans and specifications pursuant to the provisions of Ordinance No 500, as amended, the Plat Ordinance By Councilman McNamara, seconded by Councilman McCann, it was #795-65 RESOLVED that, having considered a communication dated August 4, 1965, from the Chief City Engineer, approved by the Director of Public Works, regarding the improvement of the intersection at Grand River and Inkster Road by the Michigan State Highway Department so as to provide left-hand turn at the said intersection for a total cost in the amount of $22,000 00, the City's portion of which will be 52,750 00, which communication is submitted pursuant to resolution #59-65, adopted January 27, 1965, the Council does hereby authorize and approve of the City's participation in this project, and the City Clerk is requested to forward a certified copy of this resolution to the Michigan State Highway Department, Stevens T Mason Bldg , Lansing, Michigan, to the attention of J. P. Woodford, Asst to Chief Engineer A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Pinto, Milligan, McNamara and Kleinert NAYS None By Councilman McCann, seconded by Councilman Milligan, it was #796-65 RESOLVED that, having considered a communication dated July 22, 1965, from the Chief City Engineer, approved by the Director of Public Works, which transmits a proposed agreement by and between the City of Livonia and the Michigan State Highway Department, which agreement was prepared by the Michigan State Highway Department and is identified as "Control Section Mns 88500C, C-3 (82121)", in connection with the special sheet asphalt non- skid resurfacing of the intersection of Grand River, Eight Mile and Inkster Roads, the total cost of which is estimated to be $17,160 00 (the work within Livonia being $10,300 00) and the City's pro-rata portion of which will be $2,575 00, the Council does hereby determine to authorize and ap- prove of the City's participation in this project and does further authorize the Mayor and City Clerk to affix their signatures to the aforesaid contract for and on behalf of the City of Livonia and to do all other things neces- sary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to transmit four executed copies of the agree- ment with certified copies of this resolution to the Michigan State Highway Department, Stevens T Mason Building, Lansing, Michigan, to the attention of C. L. Blake, Chief, Contracts Section, Procurement Division, and further the Council does hereby transfer the sum of S2,575 from the Unappropriated Surplus to Road Improvements Account for this purpose A roll call vote was taken on the foregoing resolution with the following result: AYES• McCann, Pinto, Milligan, McNamara and Kleinert NAYS• None Page 7396 By Councilman McCann, seconded by Councilman Milligan, it was #197-65 RESOLVED that, having considered a letter dated July 30, 1965, from the Civil Service Commission regarding a proposed amendment to Section 5.2()-4-) of the Compensation Plan which would modify this provision insofar as adjustment of salary employees upon promotion is concerned, and would in- corporate the provisions of the Statement of Policy with respect to Wage Grade employees, the Council does hereby concur in and approve of said amendment, Section 5 2(4) of the Compensation Plan, as amended, to read as follows: "5 2 Entrance Salary Rates (4) Rate of pay on promotion: (a) In any case where a salaried employee is promoted to a classification with a higher pay range, the new rate shall be at the lowest step or half-step in the higher range that will provide an increase of one step (approximately 4%) over the rate received immediately prior to such promotion. (b) In any case where a wage grade employee is promoted to a classification with a higher pay range the new rate shall be at the lowest step or half-step in the higher range that will pro- vide an increase over the rate received immediately prior to such promotion Subsequent advancement to the next successive steps within the new range shall be on the same basis as described in the following section". A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Pinto, Milligan, McNamara and Kleinert NAYS* None By Councilman McCann, seconded by Councilman Pinto, it was #798-65 RESOLVED that, having considered a communication dated July 22, 1965, from the Civil Service Commission regarding adjustments in the salary rate of the classification of Assistant City Altorney I the Council does hereby concur in and does approve of the Commission's action in adjusting the salary range for the classification of Assistant City Attorney I from Salary Grade 144 to Salary Grade 138 with a five-step range as follows' 1 3 4 5 $7,571 20 57,904 00 s8,26 80 s8,569 6o s8,902 4o A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Pinto, Milligan, McNamara and Kleinert NAYS* None The letter dated June 22, 1965, From the Livonia Fire Fighters Association Local No. 1164, regarding salaries being paid to the Livonia Firefighters, was re- ceived and filed. Page 7397 By Councilman McCann, seconded by Councilman Pinto and unanimously adopted, it was #799-65 RESOLVED that, having considered a letter dated July 29, 1965, from Consumers Power Company, Jackson, Michigan, which transmits a proposed two-year Oil and Gas Lease to be conveyed from the City of Livonia to the Consumers Power Company regarding a parcel known as 30M2b, the dimensions of which are 40 feet x 590 feet, located in the S. W.1/4 of Section 30, in the City of Livonia, the Council does hereby refer the same to the Depart- ment of Law for its review and opinion as to the necessity of modifying same insofar as the interest of the City of Livonia is concerned By Councilman McCann, seconded by Councilman Pinto and unanimously adopted, it was #800-65 RESOLVED that, having considered the request made by the Con- sumers Power Company, of Jackson, Michigan, in a communication dated July 29, 1965, for an oil and gas lease in connection with the possible location of certain oil and gas wells within the City, the Council does hereby request the Department of Law to advise the Council of the status of the law inso- far as regulation of activities of this nature are concerned and to submit its recommendation as to the necessity of enacting ordinances regulating the same By Councilman Pinto, seconded by Councilman Milligan and unanimously L adopted, it was #801-65 RESOLVED that, having considered Zoning Petition #65-8-1-26, dated May 27, 1965, submitted by United Construction Company, Inc , a Michigan Corporation, by its president Joseph Dettore, requesting a change of zoning from the RUF zoning classification to the M-1 zoning classification of property described as follows The E 5 0 acres of the Northwest 1/4 of Section 2, except the North 60 0 feet thereof, containing 4 77 acres and being Tax Item No 02G, the Council does hereby refer the same to the City Planning Commission to conduct proceedings in accordance with the provisions prescribed in Act 207 of the Public Acts of Michigan of 1921, as amended, as well as the Zoning Ordinance of the City of Livonia, Ordinance No 543 By Councilman Pinto, seconded by Councilman Milligan and unanimously adopted, it was #802-65 RESOLVED that, the Council does hereby request that the City Clerk refer all petitions submitted to the City Council requesting an amend- ment to the Zoning Map of the City of Livonia under the provisions of the Zoning Ordinance, Ordinance No 543, as amended, to the City Planning Com- mission for the purpose of conducting such proceedings as may be necessary in order to comply with the provisions of Act 207 of the Public Acts of Michigan of 1921, as amended, as well as the procedure prescribed in the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Page 7398 to thereafter make a report and recommendation to the City Council, further this resolution shall remain in effect and the City Clerk is hereby requested to do all things necessary or incidental in order to accomplish the same until such time as the City Council may otherwise direct The letter dated August 4, 1965, from the Mayor regarding Shelden Land Company willingness to dedicate certain property for road purposes and to pay for half of the paving thereof, was received and filed pending receipt from the Shelden Land Company of the Quit Claim Deed necessary to effectuate the dedication involved By Councilman McNamara, seconded by Councilman Pinto and unanimously adopted, it was #803-65 RESOLVED that, the communication dated August 3, 1965, from Con- stables Ronald Nisun, Joseph Keane and Jerome Friedman, and concurred in by Municipal Judge Robert H Lorion and Police Chief James N Jordan, requesting that a separate account be established in the budget for the purpose of allowing the said constables to serve traffic warrants issued by the Muni- cipal Court, the Council does hereby refer this matter to the Department of Law for its opinion regarding the propriety of allowing the service of such warrants by constables in lieu of police officers of the City of Livonia as well as the validity of paving constables for services rendered in this connection, further, the Council does hereby also refer this matter to the Legislative Committee for its report and recommendation By Councilman Pinto, seconded by Councilman McNamara, it was #804-65 RESOLVED that, having considered a communication dated July 27, 1965, from the Department of Law transmitting certain grants of easements, pursuant to resolution #564-65, obtained in conjunction with the construction of the Bell Creek Arm, Area 5b of the Master Sanitary Sewer Project, which easements are described as follows : From. Joseph A Fellhauer and Margaret Fellhauer, his wife, dated June 14, 1965. An easement in Parcel 13a323a, being described as a strip of land 20.0 feet wide, 10 feet on either side of a center- line beginning at a point distant N 89° 59 15" W, 43 00 feet, and S 0° 33' 00" E, 213 50 feet from the N. E. corner of said parcel and " W, proceeding thence N 87° 17' 55 119 77 reet to a point of terminus on the west line of said parcel distant 207 87 feet south of the N. W. corner of said parcel, From Albert Duchene, a single man, dated June 11, 1965 An easement in Parcel 13a324 being described as a strip of land 20 0 feet wide, 10 feet on either side of a centerline being described as beginning at a point on the east line of said lot located south 207.87 feet from the N. E. corner of said lot and proceeding thence N 87° 17' 55" W, 200.22 feet to a point of terminus on the west line of said lot located south 198.47 feet from the N. W. corner of said lot, From: Carolyn T Wells, dated. July 20, 1965 An easement in Parcel 13a325 being described as a strip of land 20 feet wide, 10 feet on either side of a centerline, said centerline described as beginning Page 7399 at a point on the east line of said lot located south 198 47 feet from the N. E. corner of said lot and proceeding thence N 87° 17' 55" W 240 27 feet to a point of terminus on the west line of said lot Llocated south 187 20 feet from the N. W. corner of said lot, and From. Peter Cowall and Janet Cowall, his wife, dated June 24, l965 An easement in the following described parcel, Parcel 13a326, being described as a strip of land 20 feet wide, 10 feet on either side of a centerline, said Lenterline being described as beginning at a point on the east line of said lot located south 187 20 feet from the N. E. corner of said lot and proceeding thence N 87° 17' 55" W, 200 22 feet to a point of terminus on the west line of said lot located south 177 80 feet from the N. W. corner of said lot, the Council does hereby accept same for and on behalf of the City of Livonia, and further, the Council does hereby also accept for and on behalf of the City of Livonia a Grant of Easement dated June 7, 1965 from W. J. Kendall and Margaret Kendall conveying to the City of Livonia: An easement in Parcel 13a330b2 being described as the South 12 feet, adjacent to Terrence Avenue, 50 feet wide, which easement was also obtained in conjunction with the aforesaid sanitary sewer project, and the City Clerk is requested to record such Grants of Easements with the Wayne County Register of Deeds office and to do all other things necessary and incidental to the full performance of this resolution. LA roll call vote was taken on the foregoing resolution with the following result: AYES* McCann, Pinto, Milligan, McNamara and Kleinert NAYS: None By Councilman McNamara, seconded by Councilman McCann, it was #805-65 RESOLVED that, having considered a letter dated August 6, 1965, from the Department of Law, and having accepted a Grant of Easement from W J Kendall and Margaret Kendall, his wife, 29010 Terrence Drive, Livonia, by resolution #-804-65, which easement was acquired by the Engineering Division in conjunction with the construction of the Bell Creek Arm, Area 5b, of the Master Sanitary Sewer Project, the Council does hereby authorize the expenditure of toe sum of $200.00 to the aforesaid W J. Kendall and Margaret Kendall, his wife, for such easement, which sum is to be expended from the Sewer Division Easement Account and which sum is to be reimbursed from the proceeds of the sale of Series III Sanitary Sewer Bonds, and the City Clerk and City Treasurer are herein authorized to do all things necessary or incidental to the full performance of this resolution A roll call vote was taicen on the foregoing resolution with the following result. AYES . McCann, Pinto, Milligan, McNamara and Kleinert LNAYS: None By Councilman McCann, seconded by Councilman McNamara, it was Page 7400 #806-65 RESOLVED that, having considered the report and recommendation dated July 28, 1965, from the Chief City Engineer, approved by the Director of Public Works and the Water and Sewer Commissioner, and the attached final construction estimate dated July 30, 1965, the Council does hereby authorize final payment in the amount of S17,773 80 to the Madison Drain Construction, Inc , 28306 Brush, Madison Heights, Michigan, which sum includes the full and complete estimate o $17,213 25 due on a contract dated March 5, 1965, and the sum of $560.55 for additional work performed by the aforesaid company in connection with the Amrhein Road Trunrc Sanitary Sewer Extension (this in- crease was due to an adjustment in the quantities actually installed, and also to provide for the installation of five house leads), it being the understanding of the Council that all work under the said contract has been completed in accordance with City standards and specifications, and that the contractor has filed his declaration that there is no money owing for any labor or material in connection with the work performed under the said contract, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Pinto, Milligan, McNamara and Kleinert NAYS: None. By Councilman McCann, seconded by Councilman Pinto, it was #807-65 RESOLVED that having considered a communication dated July 28, 1965, from the Chief City Engineer and approved by the Director of Public Works, regarding the acquisition of a certain easement required in con- nection with the construction of the Bell Creek Arm, Area 5b, of the Master Sanitary Sewer Project, the Council does hereby authorize the Engineering Division in conjunction with the Department of Law to acquire the following described easement from Mr Joseph Gilders, 17325 Louise Avenue, Livonia, for the sum of $430 00, which sum is to be paid from the Sewer Division Easement Account and which sum is to be reimbursed to said account from the proceeds of the sale of Series III Sanitary Sewer Bonds. The south 12 feet, also the north 118 feet of the south 130 feet of the west 12 feet of Parcel 11-MM3b (sketch attached) A roll call vote was taken on the foregoing resolution with the following result. AYES. McCann, Pinto, Milligan, McNamara and Kleinert. NAYS: None By Councilman McNamara, seconded by Councilman McCann, it was #808-65 RESOLVED that, having considered the report and recommendation dated July 28, 1965, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No 3 of resolution #301-60, as subsequently amended by resolutions #910-61 and #39-63, so as to reduce the bond for remaining improvements in Burton Hollow Estates Sub- division No. 3 to S1,350 00 in cash to cover the cost of remaining improve- ments in said subdivision, and a cash deposit of S1500 00 (the S1500 00 cash deposit has already been made and will be used to defray the cost of Page 7401 certain pavement repairs in said subdivision) , and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Pinto, Milligan, McNamara and Kleinert NAYS: None By Councilman McNamara, seconded by Councilman Pinto, it was y8o9-65 RESOLVED that, having considered the report and recommendation dated July 28, 1965, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No 3 of resolution #302-60, as subsequently amended by resolutions #911-61 and #40-63, so as to reduce the bond :tor remaining improvements in Burton Hollow Estates Subdivision No 4 to S1,350.00 in cash to cover the cost of remaining im- provements in said subdivision, and a cash deposit of S1500 00 (the S1500 cash deposit has already been made and will be used to defray the cost of certain pavement repairs in said subdivision); and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES. McCann, Pinto, Milligan, McNamara and Kleinert NAYS: None By Councilman McCann, seconded by Councilman McNamara, it was #810-65 RESOLVED that, pursuant to the report and recommendation dated July 28, 1965, from the Chief City Engineer, approved by. the Director of Public Works, the Council does hereby amend Item No 8 of resolution #82-65 so as to reduce the bond for remaining improvements in Binder and Lark Sub- division No 1, to a cash bond in the amount of S3,500 00 to cover the cost of remaining improvements in said subdivision, the sidewalk bond remains the same, and the City Clerk and City Treasurer are hereby autnorized to do all things necessary or incidental to the full performance of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Pinto, Milligan, McNamara and Kleinert NAYS None By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #811-65 RESOLVED that, having considered a letter dated August 1, 1965, from the Rosedale Gardens Civic Association, Box 2073, Livonia, Michigan, regarding the rain storm of July 17, 1965, which caused considerable damage to the basements of homeowners in the area bounded by Merriman, Farmington, Joy and Plymouth Roads, the Council does hereby refer the same to the Mayor for his disposition and report and recommendation Page 7402 By Councilman McCann, seconded by Councilman Pinto, it was #812-65 RESOLVED that, having considered the report and recommendation dated July 29, 1965, from the Superintendent of Operations, approved by the Director of Public Works and Budget Director, the Council does hereby accept the bid of Standard Oil, Division of American Oil Company, P. O. Box 2858, Detroit 31, Michigan, under Proposal "B" for supplying the City with gasoline for a period of one year, from September 1, 1965, through August 31, 1966, at a price of SO 1043 for regular and 80.1229 for premium gasoline, 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: McCann, Pinto, Milligan, McNamara and Kleinert NAYS None By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #813-65 RESOLVED that, the communication dated August 2, 1965, from William Kaczmarek, 1519 New York, Lincoln Park, Michigan, requesting ap- proval of an application for a Class C license for a proposed business establishment in the City of Livonia, is hereby referred to the Committee of the Whole for its consideration along with all other such applications . ByitCowuanscilman McNamara, seconded by Councilman McCann and unanimously adopted, #814-65 RESOLVED that, the letter dated August 3, 1965, from Daniel J Horgan, Jr , Asst General Counsel for the Board Cr Wayne County Road Com- missioners, as well as the communication dated April 20, 1965, from the aforesaid Board, previously referred to the Finance Committee by resolution #435-65, regarding the payment of legal fees for the S4,340,000 Wayne County Metropolitan Sewerage and Sewage Disposal System Bonds (Livonia Section), Series III, and the communication dated June 7, 1965, from the law firm of Miller, Canfield, Paddock and Stone, previously approved in resolution #643-65, regarding the proposed scale of lees for legal services in con- nection with various kinds of bond issues, are all hereby referred to the City Clerk for his recommendation regarding the payment of such legal fees based upon further negotiations with the aforesaid law firm. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #815-E5 RESOLVED THAT, HAVING considered a communication dated July 27, 1965, from the Department of Law regarding resolution #269-63, adopted on April 17, 1963, wherein the Department of Law was requested to petition, in behalf of the City Council and the citizens of Livonia, the Public Service Commission to conduct an investigation and hearing before said Commission as to the utility rates being charged by the Consumers Power Company, the Council does hereby refer the same to the Legislative Committee for its report and recommendation Page 7403 At 9:18 P. M. , a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting By Councilman McNamara, seconded by Councilman Pinto, it was #816-65 RESOLVED that having considered the report and recommendation dated August 9, 1965, from the Water and Sewer Commissioner and the Chief City Engineer, approved by the Director of Public Works and Budget Director, the Council does hereby accept the unit price bid of Badger Meter Mfg. Co , 4545 West Brown Deer Road, Milwaukee, Wisconsin, for supplying the City of Livonia with water meters, outside water meter reading devices, moderni- zation of old meter requirements, for the coming year, at the unit prices listed below, and subject to a final payment based on the actual units supplied in accordance with the unit prices accepted herein. I Meters Unit Price Total (A) Magnetic Disc Type (with connections) 5/8" S 31 52 S 31,520 00 3/4" 47 35 16,572 5o 1" 69 4o 13,880.00 1-1/2" 129 65 9,723 75 TOTAL 71,896.25 (B) Magnetic-Disc Type (without connections) 5/8" 30 14 30,140.00 3/4" 45 21 15,823 00 1" 66 36 13,272 00 L 1-1/2" 123 62 9,271.00 TOTAL 68,507.00 (C) Compound Meters - One Years Supply 2" 358 00 3" 538 78 4" 890 89 6" 1,782 49 II Meters with outside Meter Reading Device (A) Magnetic-Disc Type (with connections) 5/8" 4o 5o 40,50o 00 3/4" 56 33 19,715.50 1" 78 38 15,676 00 1-1/2" 138 63 10,397.25 TOTAL 86,288.75 (B) Magnetic-Disc Type (without connections) 5/8" 39.12 39,120.00 3/4" 54 19 18,966 5o 1" 75 34 15,068.00 1-1/2" 132 6o 9,945 00 TOTAL 83,099.50 L (C) Compound Meters One Years Supply 2" 3,, 385 30 566.08 4" 918 19 6" 1,809 79 Page 7404 III Outside Meter Reading Devices (A) Badger Disc Type Read-O-Matic for Gear Driven Meter or Approved Equal 5/8" S 13 65 3/4" 13 65 1" 13 65 1-1/2" 13 65 2" 13 65 3" 13 65 4" 13 65 6" 13.65 (B) Badger Standard Read-O-Matic for Magnetic Meters or Approved Equal 5/8" 16 48 3/4" 16 48 1" 16 48 1-1/2" 16 48 IV Modernizing Water Meters (A) Modernizing Old Meters 5/8" 19 76 3/4" 29 77 1" 43 69 1-1/2" no bid (B) Modernizing Old Meters and Installing Badger Read-o-Matic or Approved Equal - For One Year Period 5/811 29 i6 (97-300) 3/4" 39 40 (1-96) 39 17 (97-300) 1" 53 38 (1-96) 53 09 (97-300) 1-1/2" no bid such bid having been accepted for the following reasons a) With regard to the water meters, the Badger Quotations are the lowest in fact b) In furnishing meters with outside meter reading devices, the Badger quotation is in accordance with specifications in that we requested the outside meter reading devices to be controlled by electrical impulse It will be noted that the Neptune Meter quotation is based on a mechanical reading device The unit price quoted included a cable length up to 10 feet with an additional charge of 45 cents per foot up to 18 feet in length, subject to 24% discount Inasmuch as our installations average approximately 22 feet, the total cost would exceed the Badger quotation by $2 62 for an average installation Likewise, it will be noted that it appears that the Neptune meter installation is limited to 28 feet Some of our installations exceed this footage c) It is recommended that the Badger meter quotation be used in that the use of Neptune outside meter reading devices are not interchangeable with the Badger meters that we now have in use The same reasons given in (b) above are applicable here as to price of cable when compared with present wire used on electrical impulse type outside meter reading devices Page 7405 d) It will be noted that the only bids received for modernization of water meters was from the Badger Meter Manufacturing Company L A roll call vote was taken on the foregoing resolution with the following result• AYES• McCann, Pinto, Milligan, McNamara and Kleinert NAYS• None By Councilman McCann, seconded by Councilman Pinto and unanimously adopted, it was #817-65 RESOLVED that, having considered a request dated July 6, 1965, from Binder & Lark Building Company, for permission to retain a subdivision sign presently located in the right-of-way at the southwest corner of Yale Avenue and Five Mile Road in the City of Livonia, the Council, having pre- viously granted permission in this regard for a period of 18 months in resolution #37-64, does hereby authorize Binder & Lark Building Company, 15105 Yale Avenue, Livonia, Michigan, to retain the said sign as presently located for the reason of hardship as shown to the Council, provided, that said authorization shall not be transferable and shall not extend beyond nine (9) months from the effective date hereof, and the Binder & Lark Build- ing Company will assume any and all liability incurred from such use The report of the Municipal Court for the month of July, 1965, was received and filed LBy Councilman McCann, seconded by Councilman Pinto, it was #818-65 RESOLVED that, having considered the letter dated August 5, 1965, from Don Hull, Planning Director, the Council does hereby approve the request for transfer of S300 00 from the Professional Services Account (157-2) to the Salaries and Wages Account (157-1) and a transfer of $500 00 from the Publishing Account (157-23) to the Salaries and Wages Account (157-1) of the City Planning Commission A roll call vote was taken on the foregoing resolution with the following result• AYES. McCann, Pinto, Milligan, McNamara and Kleinert NAYS• None By Councilman McNamara, seconded by Councilman Pinto, it was #819-65 RESOLVED that, Jako Land Company, 15030 Wyoming Avenue, Detroit, Michigan, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision Madonna Estates Subdivision No 2, located in the S. E. 1/4 of Section 20, City of Livonia, the said proposed preliminary plat being dated April 30, 1965, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on May 18, 1965, and it further appearing that such preliminary plat, together with Development Plans and Specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated August 10, 1965, therefore, Page 7406 the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be con- structed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Plat Ordinance, Ordinance No. 500, as amended, the subdivision regulations of the Planning Commission, the regulations and specifications of the Department of Public Works and the development plans submitted by the proprietor and approved by such Depart- ment, all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid in the time and manner provided in the said Plat Ordinance, as amended, (3) That the installation of such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 7 03 of said Plat Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the following Cash Payments be made to the City Cash Payment to City for trees S 841 75 Cash payment to City for future traffic control signs 45 00 Cash payment to City for review of plans, inspection and administration (5%) 608 5o (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive final approval of the City Planning Commission as evidence that such plat is in compliance with existing sub- division regulations, (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein and provided there has been compliance with all other requirements of the Plat Act, Plat Ordinance, and this resolution, (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements, the proprietor may file with the City of Livonia, surety bond, certified check, cash bond or other financial assurance in such form as may be approved by the Depart- ment of Law, guaranteeing the satisfactory installation of all such im- provements, utilities and grading by the proprietor within the prescribed Page 7+07 period, that in the event the proprietor elects to deposit such financial assurances, the same shall be in the following amounts General Improvement Bond - S8,000 00, of which at least $1,000 00 shall be in cash Sidewalk Bond - S5,300.00, of which at least 52,750 00 shall be in cash A roll call vote was taken on the foregoing resolution with the following result• AYES• McCann, Pinto, Milligan, McNamara and Kleinert NAYS• None By Councilman Milligan, seconded by Councilman Pinto and unanimously adopted, it was #820-65 RESOLVED that, having considered the letter dated August 11, 1965, from the Mayor, the Council does hereby approve of and concur with the reappointment of Mr Charles W Walker, 1290+ Stark Road, Livonia, Michigan, to the City Planning Commission for a term expiring June 9, 1967 By Councilman Milligan, seconded by Councilman McCann and unanimously adopted, it was #821-65 RESOLVED that, having considered the letter dated August 11, 1965, from the Mayor, the Council does hereby approve of and concur with the reappointment of Mr Raymond W Tent, 18015 Deering, Livonia, Michigan, to the City Planning Commission for a term expiring June 9, 1968 By Councilman McCann, seconded by Councilman Pinto and unanimously adopted, it was #822-65 RESOLVED that, having considered a letter dated April 20, 1965, from the Michigan Liquor Control Commission, and the recommendation dated July 26, 1965, from the Director of Public Safety in connection therewith, the Council does hereby deny the request from Thomas J and Nick J Seros for SDM license to be held in conjunction with Class C license, the Council having previously approved a Class C license in resolution #67-65, adopted on January 27, 1965, for Thomas J and Nick J Seros, does hereby approve granting the Official Food Permit with the previously approved Class C license, to be held at 28005 Plymouth Road, Livonia, Michigan, and the City Clerk is requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission By Councilman McNamara, seconded by Councilman McCann, it was #823-65 RESOLVED that, having considered a letter dated August 11, 1965, from the Chief City Engineer, approved by the Director of Public Works, and the letter dated August 11, 1965, from John E Hiltz & Associates, Inc , Consulting Engineers, the Council does hereby request the Board of Wayne County Road Commissioners to authorize the construction of a sanitary sewer extension along Seven Mile Road, west of Farmington Road, for a distance of approximately 300 feet, said work being necessary in order to clear that Page 7408 part of Seven Mile Road proposed to be widened in connection with the Farmington Road paving project, said extension to cost approximately $25,000 00, to be constructed out of the contingency fund of Phase II of the Master Sanitary Sewer Program, and the Mayor and City Clerk are herein authorized to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result• AYES McCann, Pinto, Milligan, McNamara and Kleinert NAYS None By Councilman McNamara, seconded by Councilman Pinto, it was resolved that #824,65 WHEREAS, bids have been received by the Livonia Drainage Board No 20 for the construction of said drain, said bids appearing to be in order, a contract has been awarded to the S Weissman Excavating Co , Inc , and WHEREAS, said construction work can be financed out of the surplus construction funds remaining in other Livonia Drain projects thereby saving time, NOW, THEREFORE, BE IT RESOLVED that, the Council of the City of Livonia takes this means to advise and request the Livonia Drainage Boards for Drains No 1, 2, 3, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16 return to the City of Livonia a total of 5275,000 00 out of the surplus construction funds of such Livonia Drain projects as the Wayne County Drain Commissioner determines is reasonable and feasible, upon which the City Council will deposit said sum of S275,000 00 in the construction account of said Livonia Drain No 20 project, so that construction can proceed without delay, BE IT FURTHER RESOLVED that, the Mayor and City Clerk are authorized to do any and all things necessary to accomplish the intent of this action by the City Council A roll call vote was taken on the foregoing resolution with the following result- AYES: McCann, Pinto, Milligan, McNamara and Kleinert NAYS• None By Councilman McNamara, seconded by Councilman Pinto, it was #825-65 RESOLVED that, having considered the letter dated August 11, 1965, from John E Hiltz & Associates, Inc , Consulting Engineers, approved by the Chief City Engineer and Director of Public Works, the Council does hereby request the Board of Wayne County Road Commissioners to proceed with the additional work of graveling and sealcoating the streets in the Melody Manor Subdivision, in order to properly repair and restore said streets in as good or better condition than prior to the construction of said sanitary sewers, at an additional cost of approximately S2,500 00, said work to be accomplished out of the contingency fund of Phase II of the Master Sanitary Sewer Program, and the Mayor and City Clerk are herein authorized to do all things neces- sary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result• AYES• McCann, Pinto, Milligan, McNamara and Kleinert NAYS. None Page 7409 By Councilman McNamara, seconded by Councilman Milligan and unanimously adopted, it was #826-65 RESOLVED that, having considered the communication dated August 3, 1965, from the Michigan Municipal League, the Council does hereby designate Council President Rudolf R Kleinert as the official representative of the City to cast the vote of the City of Livonia at the annual meeting of the Michigan Municipal League to be held September 15 to 17, 1965 By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #827-65 RESOLVED that, Vacating Petition No 65-8-3-1, submitted by the City Planning Commission on its own motion for vacating Grennada Park Sub- division, being a part of the Northeast 1/4 of the Southeast 1/4 of Section 21, City of Livonia, is hereby referred to the City Planning Com- mission for action and recommendation according to law and Ordinance No 29, as amended On motion of Councilman McNamara, seconded by Councilman McCann and unanimously adopted, this 97th Special Meeting of the Council of the City of Livonia was duly adjourned at 10 15 P. M. , August 11, 1965 Addison W Bacon , C,l y 'lerk