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HomeMy WebLinkAboutCOUNCIL MINUTES 1960-06-13 Page 4389 MINUTES OF THE THREE HUNDRED TENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 13, 1960, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President at approximately 8:31 P. M. Councilman McCann delivered the invocation. Roll was called with the following results Present Robert Sasser, John T. Daugherty, Sydney B. Bagnall, Rudolf R. Kleinert, Austin T. Grant, Jack Salvadore and James R. McCann. Absent-- None. By Councilman Kleinert, seconded by Councilman Grant and unanimously adopted, it was #311-60 RESOLVED that, the minutes of the 309th regular meeting of the Council of the City of Livonia held May 23, 1960, are hereby approved. By Councilmen Kleinert, seconded by Councilman Daugherty, it was #312-60 RESOLVED that, having considered the letter from Jerome L. Friedman dated May 30, 1960, and the Mayor, dated June 2, 1960, relative to the pro- posed appointment of Mr. Jerome L. Friedman to the Office of Constable by the Council, it not now appearing that there is any need shown that the City of Livonia requires another constable, the Council does hereby deny Mr. Friedman's request to be appointed constable for the City of Livonia. A roll call vote was taken an the foregoing resolution with the following results AYES: N Cann, Daugherty, Kleinert, Salvadore and Sasser. NAYS: Bagnall and Grant. The President declared the resolution adopted. By Councilman Salvadore, seconded by Councilman Kleinert, it was #313-60 RESOLVED that, having considered the report and recommendation of the Mayor dated June 2, 1960, relative to the advisability of adjusting the compensation of the Director of Public Safety, because the conditions mentioned therein do not indicate that specifications for the position in any manner justify increased compensation, the Council does hereby deny the recommendation. A roll call vote was taken on the foregoing resolution with the following results AYES: McCann, Daugherty, Bagnall, Kleinert, Salvadore and Sasser NAYS: Grant. The President declared the resolution adopted. Page 4390 By Councilman Grant, seconded by Councilman M4t;ann, it was #3114-60 RESOLVED that, pursuant to a meeting held between the Meyor and the Council on June 2, 1960, it being the understanding of the Council that the Terror is contemplating recommending a new program of equitable land assessment in the City of Livonia, the Council does hereby withhold all action on requests from the Mayor and the Assessing Officer relative to the reassessment program pending further review and report by the Mayor to the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Kleinert, Grant, Salvadore and Sasser. NAYS: Daugherty and Bagnall. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Salvadore, it was #315-60 RESOLVED that, the Mayor is hereby authorized to employ by contract an administrative secretary on the following terms and conditions: (1) that such contract shall provide for termination of employment at the end of the Mayor's present term, subject, however, to the renewal by the Council on the written request of the Mayor within thirty (30) days following the beginning of a new term of office; and (2) that such contract shall provide for an annual compensation not to exceed $6,600.00 per year. Councilman Daugherty asked for a division of the question. A roll call vote was taken on the first portion of resolution #315-60, with the following result: AYES: McCann, Daugherty, Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: None. Councilman Daugherty asked that the second portion of the question be amended to change the compensation to $5,500.00; seconded by councilman Kleinert. A roll call vote was taken on the amendment with the following result: AYES: Daugherty and Kleinert. NAYS: McCann, Bagnall, Grants Salvadore and Sasser. The President declared the amendment denied. Page 4391 A roll call vote was taken on item No. (2) of resolution #315-60, with the following results AYES: McCann, Bagnall, Grant, Salvadore and Sasser. NAYS: Daugherty and Kleinert. The President declared the resolution adopted. By Councilman Salvadore, seconded by Councilman Grant and unanimously adopted, it was #316-60 RESOLVED that, the Council on behalf of the City of Livonia, does hereby acknowledge acceptance of the delivery of a deed of gift dated June 6, 1960, wherein the General Motors Corporation, as Grantor, conveys to the City of Livonia, as Grantee, certain land within the said City described as: Part of the Northwest Quarter of the Southwest Quarter of Section 25, Town 1 South, Range 9 East, City of Livonia, Wayne County,Itichigan, more particularly described as follows: Beginning at a point in the West Line of Section 25, Town 1 South, Range 9 East, distant South 00 degrees, 33 minutes, 50 seconds West, a distance of 483.78 feet as measured along the West line of said Section 25, from the monument box located at the West Quarter corner thereof; running thence from said point of beginning South 89 degrees, 38 minutes 20 seconds East along the extension of and then the line of an existing fence along the South line of the School property, a distance of 360.00 to an iron pipe; thence South 00 degrees, 33 minutes50 seconds West along a line which is parallel to the West line of Section 25, a distance of 250.00 feet to an iron pipe; thence North 89 degrees, 38 minutes, 20 seconds West a distance of 360.00 feet to a point in the West line of said Section 25; thence North 00 degrees, 33 minutes 50 seconds East along the West line of Section 25, a distance of 250.00 feet to the point of beginning, con- taining 90,000 square feet or 2.0661 acres of land in area. and the Council of the City of Livonia, on behalf of the said City, does hereby accept this dedication of land in accordance with all of the terms, conditions and limitations set out in the said deed of gift hereinbefore referred to. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #317-60 RESOLVED that, the Council of the City of Livonia, in behalf of the people of the City does hereby gratefully acknowledge the deed of gift given to the City of Livonia by the General Motors Corporation, and the Council gratefully expresses its appreciation to the General Motors Corpora- tion for its fine act of civic responsibility. Page 1392 By Councilman Grant, seconded by Councilman Bagnall, it was #318-60 RESOLVED that, having considered the report and recommendation of the Library Commission dated June 8, 1960, relative to the acquiring of a 2.2 acre site located on Seven Mile Road near Purlinnbrook for library purposes, the Council does hereby authorize the Nyor and City Clerk to execute the necessary purchase agreement to acquire this site for the sum of $13,250.00; and the Department of Law is authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: None. By Councilman Daugherty, seconded by Councilman Salvadore and unanimous], adopted, it was #319-60 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated June 8, 1960, relative to Petition No. Z-453 initiat�d by the Planning Commission on its own motion for change of zoning in the outheast 1/4 of Section 2 from RUFB to C-2, the Council does hereby concur and approve of the Planning Commission's recommendation; and the Department of Law is requested to prepare the necessary amendment to Zoning Ordinance No. 60 to accomplish the purpose of this resolution. By Councilman Salvadore, seconded by Councilman Kleinert, it was #320-60 RESOLVED that, having considered the report and recommendation of the City Clerk dated June 6, 1960, which requested an appropriation to pary the salary of an additional senior clerk-typist in the City Clerk's office, the Council does hereby transfer the sum of $1,223.66 from Election Commission Budget Account No. 104-1 to CC Account No. 103-1 (salaries); and the sum of $11000.00 is hereby appropriated from the Provisional Account for Additional Personnel to CC Budget Account No. 103-1; and the Council does hereby approve the employment of one senior clerk-typist in the office of the City Clerk. A roll call vote was taken an the foregoing resolution with the following result: AYES: McCann, Daugherty, Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: None. By Councilman Grant, seconded by Councilman Bagnall, it was #321-60 RESOLVED that, having considered the report and recommendation of the Superintendent of Parks and Recreation dated June 8, 1960, relative to the justification of certain budgetary requests, the Council does hereby approve the employment of one additional full-time Light Equipment Operator and appropriates the sum of $2,340.00 from the Provision for Additional Personnel Account to Parks Account No. 132-1 (salaries); and the Council Page 4393 does further appropriate the sum of $3,000.00 from the Provision for Capital Improvement Account to Recreation Account No. 133-70PE (playground equipment) for the purpose of acquiring additional playground equipment; and the Council does further appropriate the sum of $100.00 f rom the Pro- vision for Capital Improvement Account to Parks Account No. 132-7(E (equipment) for the purpose of providing for the purchase of one 72 inch mower. A roll call vote was taken on the foregoing resolution with the following results AYES: McCann,, Daugherty, Bagnall, Kleinert, Grants Salvadore and Sasser. NAYS: None. By Councilman Daugherty, seconded by Councilman Bagnall,, it was #322-60 RESOLVED that, all previous Council resolutions that have established an amount of salary for those appointed officials, or offices, that have an indefinite term of office, are hereby rescinded; and that the present salary schedule for each of the aforementioned appointed offices shall remain the same as presently established in the current City budget until: 1) the appointment of the present holders of said offices shall be terminated,or 2) until official adoption of the next City budget, or 3) until further action by the Council relative to salary schedules for said offices, whichever of the above options be sooner; and this resolution is hereby adopted in order to give the Livonia City Council the opportunity to re- consider, review, and analyze the operations of each of the above appointed offices. By Councilman Grant, seconded by Councilman Kleinert, it was RESOLVED that, the foregoing resolution be tabled for further study. A roll call vote was taken on the tabling resolution with the following result: AYES: I.einert, Grant and Salvadore. NAYS: McCann, Daugherty, Bagnall and Sasser. The President declared the resolution denied. A roll call vote was taken on resolution #322-60, with the following result: AYES: McCann, Daugherty, Bagnall, Salvadore and Sasser. NAYS: Kleinert and Grant. The President declared the resolution adopted. Page 4394 Councilman Grant read a report from the Youth Recreation Committee. By Councilman Grant, seconded by Councilman Salvadore and unanimously adopted, it was #323-60 RESOLVED that, having considered the report and recommendation of the Youth Recreation Committee of the Couhcil dated June 7, 1960, relative to proposing a bond issue fcr the purpose of acquiring additional park sites, and that the Parks & Recreation Advisory Council be appointed as an advisory committee to the Youth & Recreation Committee, the Council does hereby con- cur with said report and recommendation and the Department of Law and Budget Director are requested to prepare all necessary schedules and data for presentation to the Council and appropriate state authorities for the proposed bonding proposition and to do all other things necessary to institute the preparation of the bonding proposition for submission to the electorate. By Councilman Kleinert, seconded by Councilman Grant, it was #324-60 RESOLVED that, having considered the report and recommendation of the Finance and Insurance Committee of the Council, dated June 8, 1960, the Council does hereby: 1) Transfer the sum of $500.00 from the Provision for Additional Personnel Account to the Fire Department Account No. 125-1 (salaries) in order to provide for the payment of overtime during the vacation period; and 2) Amend Council resolution #239-60 adopted by the Council at its regular meeting held May 9, 1960 to delete the transfer of $100.00 set forth therein from the City Planning Account #60 (Miscellaneous), and said sum of $100.00 is hereby added to the Unappropriated Surplus Account set forth in Council resolution #239-60, which account, as amended, shall read $11,085.00; and 3) Transfer the sum of $500.00 from Provision for Capital Improvement Account to Operations Division Account #128-709 (street signs) for the purpose of providing required street signs. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: None. By Councilman Kleinert, seconded by Councilman Bagnall, it was #325-60 RESOLVED that, having considered the report and recommendation of the Superintendent of Operations dated May 18, 1960, and the verbal re- commendations of the Superintendent of Operations of the Department of Public Works given the Council on June 8, 1960, the Council does hereby Page 4395 accept the bid of Trojan Tool Equipment Company, 604 Davis Street, Evanston, Ill., to supply the City one 9-HP Flexible Sewer Cleaning Machine and one 9-HPS Flexible Sewer Cleaning Machine for the total price of $2,188.65, such bid having been the most acceptable bid as recommended by the Superintendent of Operations of the Department of Public Works, and the Director of Public Works and City Clerk are re- quested to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Bagnall, Kleinert, Grant, Salvador° and Sasser. NAYS: None. By Councilman Daugherty, seconded by Councilman Grant, it was #326-60 RESOLVED that, having considered the report and recommendation of the Chief City Engineer dated May 26, 1960, approved by the Director of Public Works, relative to the City's need for the continuation of a pumping station on Lot No. 478 of Seven Mile Super Highway Subdivision, and having considered the report of the Department of Law that the owner of said lot will sell such property to the City for the sum of $2,500,00, the Council does hereby authorize the purchase of Lot No. 478 of Seven Mile Super Highway Subdivision from Mr. and Mrs. Kenneth Owen, 33599 Seven Mile Road, Livonia, in the amount of $2,500.00, which sum shall be spent from the remaining water bond revenues, and the Mayor, City Clerk and Department of Law are hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Bagnall, Kleinert, Grant,Salvadore and Sasser. NAYS: None. By Councilman Salvadore, seconded by C ou hcilman McCann, it was RESOLVED that, the question of a new SDD license in conjunction with 1959 SDM license at 27416 West Six Mile Road be tabled until the Committee of the Whole meets with the Liquor Control Commission some time in July. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Salvadore, NAYS: Bagnall, Kleinert, Grant and Sasser. The President declared the resolutioncenied. By Councilman Grant, seconded by Councilman Bagnall, it was #327-60 RESOLVED that, having considered the communication from the Livonia Police Department dated April 28, 1960, and the letter from the Page 4396 Liquor Control Commission dated April 1, 1960, relative to the request of Howard J. Ehrlichman for a new SDD license in conjunction with a present/7 held SDM license to be located at 27416 West Six Mile Road, Livonia, Michigan, the Council does hereby request the Livonia Police Department to furnish the Liquor Control Commission with a copy of its report and recommendation concerning this applicant. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Grant and Sasser. NAYS: McCann, Daugherty and Salvadore. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #328-60 RESOLVED that, before determining to install paving on West Chicago between Merriman Road and Hubbard Road, located in the East 1/2 of Section 34 in the City of Livonia, the cost of which is to be defrayed by special assessment, the Chief City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels awned by public authorities, the number of parcels which are now vacant, and to prepare or cause to be prepared, plans and specifications therefor and an estimate of 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 install- ments in which assessments may be paid and the land which should be in- cluded in the proposed special assessment district, pursuant to the pro- visions of Section 6 of Ordinance No. 31, as amended. By Councilman Daugherty, seconded by C ouncilman Bagnall, it was #329-60 RESOLVED that, having considered the report and recommendation of the Water and Sewer Board dated May 17, 1960, and the report and re- commendation of the Director of Public Works dated May 1, 1960, relative to the acquisition by the City of Livonia of the Quality Screw Products building located at 13335 Farmington Road, Livonia, Michigan, for the purpose of obtaining additional space for the Water Department, the Council does hereby deny the request of the Water and Sewer Board that the City of Livonia purchase this property, and the Council does hereby refer to the Water and Sewer Committee of the Council and the Water and Sewer Board the question of the feasibility of preparing its own plans and specifications for a new building which shall be built upon City- owned property. A roll call vote was taken an the foregoing resolution with the following result: AYES: McCann, Daugherty, Bagnall, Kleinert, Grant and Sasser. NAYS: Salvadore. The President declared the resolution adopted. Page 4397 By Councilman Salvador°, seconded by Councilman Grant and unanimously adopted, it was #330-60 RESOLVED that, having considered the request of Massrs. Huber and Curtis, the Council does hereby reconsider its previous action in connection with Petition No. Z-445, and does further hereby concur with and approve of the Planning Commission recommendation dated April 29, 1960, relative to Petition No. Z-445 whichnaquested the rezoning of certain property located in the Northwest 1/4 of Section 1 from C-1 to C-2, and Petition No. Z-445 is hereby granted; and the Department of Law is requested to prepare the necessary amendment to Zoning Ordinance No. 60 to accomplish the purpose of this resolution. An Ordinance to Regulate the Use of Water from the Wayne County Water Distribution System of the City of Livonia; and Providing for a Penalty for the Violation Thereof, introduced by Councilman Bagnall on May 23, 1960, was taken from the t able and a roll call vote conducted thereon with the following result: AYES: None. NAYS: McCann, Daugherty, Bagnall, Kleinert, Grant, Salvador° and Sasser. The President declared the ordinance denied. Councilman Bagnall introduced the following Ordinance: AN ORDINANCE TO REGULATE THE USE OF WAZER FROM THE WAYNE COUNTY WATER DISTRIBUTION SYSTEM OF THE CITY OF LIVONIA; AND PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF. THE CITY OF LIVONIA ORDAINS: Section 1. Whenever the Water and Sewer Board of the City of Livonia shall determine that the amount of pumpage of water from its distribution system has reached such a volume that unless restricted the public health, safety and general welfare is likely to be endangered, it shall prescribe rules and/or regu- lations to conserve the water supply during such emergency. Section 2. It shall be unlawful for any person, firm or corporation to violate any such rule and/or regulation; provided that before any such rule and/or regulation shall become effective, it shall be approved by resolution of the City Council and then published in one issue of the official newspaper of the City of Livonia* Section 3. Any person, firm or corporation violating any provision of this ordinance or of any rule and/or regulation lawfully promulgated therewith, shall upon conviction thereof be subject to a fine of not more than One Hundred ($100.00) Dollars or by imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment in the discretion of the Court. Each act of violation Page 4398 and every day upon which such violation shall occur shall constitute a separate offense. Section 4. Ordinances No. 57, No. 68 and No. 84 are hereby specifically repealed and all other ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 5. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remain- ing portion of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Grant, seconded by C ouncilman Bagnall, it was #331-60 RESOLVED that, having considered the communication from the Board of County Road Commissioners of the County of Wayne, dated May 19, 1960, relative to the removal of sand from the 40-acre park site located at Farmington and Lyndon, the Council does hereby request the Department of Law to do all things necessary to secure the consent and approval of the Wayne County Road Commission for the removal of sand from the park site for the purpose of facilitating the development and improvement of the park site as required by the lease with the County. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: Daugherty. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Grant, it was #332-60 RESOLVED that, having considered the report and recommendation of the Chief City Engineer dated May 26, 1960, approved by the Director of Public Works, relative to the bids received in connection with the removal of sand and the necessary back-filling on the 40-acre park site located at Farmington and Lyndon, the Council does hereby accept the high bid of the Fattore Company, Inc., 6500 E. Eleven Mile Road, Center Line, Michigan, in the amount of $2,255.00, to remove the sand located on the 40-acre park site and the necessary back-filling an the site for all sand removed, in accordance with the specifications upon which the bid was made and subject to concurrence of the Board of Wayne County Road Commissioners that the removal of such sand is incidental to the development of the park in accordance with the lease; and the Director of Public Works and City Clerk are hereby authorized to do all things necessary to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: Page 4399 AYES: McCann, Daugherty, Bagnall, Kleinert, Grant aril Sasser. NAYS: Salvadore. The President declared the resolution adopted. The President appointed the following members of Council to meet with the Wayne County Road Commission regarding the park site at Farmington and Lyndon: Councilmen Kleinert and Bagnall. With the permission of all present, the Council departed from the regular order of business to take care of items on the agenda on which people were waiting. At the request of the petitioner, Petition No. Z-41.41 was withdrawn and removed from the agenda. By CouncilmanGrant, seconded by Councilman Kleinert, it was #333-60 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated May 17, 1960, relative to Petition No. Z-4143 of Floyd Oaks and Norman Liebert for change of zoning from C-2 to M-1 in the Northwest 1/4 of Section 3, the Council does hereby reject the recommendation of the City Planning Commission and Petition No. Z-42.43 is denied. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Kleinert, Grant and Sasser. NAYS: Daugherty, Bagnall and Salvadore. The President declared the resolution adopted. At 10:30 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 Salvadore, seconded by Councilman Bagnall and unanimously adopted, it was #334-60 RESOLVED that, having considered the request of the Alpha Baptist Church, dated June 2, 1960, to tap the City of Livonia sewer line on Gilman, the Council does hereby approve the tap by the Alpha Baptist Church into the City sewer and authorizes the City of Livonia Department of Public Works and the Engineering Division to do all things necessary to bring the sewer line along the easement to the church property; provided, however, that the Alpha Baptist Church shall pay the cost of such sewer extension to its property and shall also pay all tap-in fees required; and provided, further, Page 1400 that the Alpha Baptist Church shall also deposit with the City of Livonia an amount sufficient to pay the cost of such sewer extension, based upon the City engineering estimates for such work, prior to the actual con- struction of the sewer extension by the City; provided, however, that the A 1pha Baptist Church, in lieu of depositing such sum, may negotiate a contract for the sewer extension, subject to approval by the Engineering Division of the plans and specifications. By Councilman Grant, seconded by Councilman McCann and unanimously adopted, it was #335-60 RESOLVED that, having considered the report and recommendation of the Chief City Engineer dated May 26, 1960, approved by the Director of Public Works, relative to maintaining a program to assure adequate outlets for the City's present and future storm sewer systems, the Council does hereby request the Livonia Public Schools, by proper resolution, to require that before any physical changes are made to the flood plain in- volving elevation or area with respect to the Tarabusi Drain which adjoins the Junior High School site in Section 11, that the Engineering Division of the City of Livonia be first notified before any such physical change is authorized by the School Board. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was #336-60 RESOLVED that, having considered the request of Mr. Leslie H. Folsom, dated May 18, 1960, relative to traffic conditions adjoining the Cleveland Elementary School, the Council does hereby refer Mr. Folsom's request to the Traffic Commission for disposition. By Councilman Kleinert, seconded by Councilman Grant, it was #337-60 RESOLVED that, having considered the report and recommendation of the Water and Sewer Board dated May 17, 1960, relative to the request of Mr. George A. Boore of 1L6115 Westland, Dearborn 2, Michigan, to tap in to the Livonia Water System in order to service property owned by him at 36665 Joy Road, Nankin Township, the Council does hereby concur and approve of the Water and Sewer Board recommendation, subject to the following conditions: 1) Mr. George A. Boore shall pay the entire cost of making the water tap; 2) all charges that are pertinent in compliance with exist- ing and future ordinances of the City of Livonia shall be paid by Mr. George A. Boore; and 3) the connection permit shall become null and void at such time as Nankin Township is able to provide water facilities for the property of Mr. George A. Boore, at which time he agrees to forthwith terminate his connection to the Livonia Water Supply System at his sole expense. Page !4401 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: Daugherty. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Salvadore, it was #338.60 RESOLVED that, having considered the report and recommendation of the Water and Sewer Board dated May 24, 1960, relative to the request of Mr. Arthur L. Erwin of 37125 Joy Road, Nankin Township, to tap in to the Livonia Water System in order to service his property, the Council does hereby concur and approve of the Water and Sewer Board recommendation subject to the following conditions:: 1) Mr. Arthur L. Erwin shall pay the entire cost of making the water tap; 2) all charges that are pertinent in compliance with existing and future ordinances of the City of Livonia shall be paid by Mr. Arthur L. Erwin; and 3) the connection permit shall become null and void at such time as Nankin Township is able to provide water facilities for the property of Mr. Arthur L. Erwin, at which time he agrees to forthwith terminate his connection to the Livonia Water Supply System at his sole expense. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann„ Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: Daugherty. The President declared the resolution adapted. By CouncilmanGrant, seconded by Councilman Salvadore, it was #339..60 RESOLVED that, having considered the petition of Harold E. Booth, dated May 31, 1960, and in accordance with tieprovisions of Act 73 of the Public Acts of 1959, the Council does hereby approve of dividing Lot 12a into three lots, in accordance with the dimensions as set forth in the letter dated May 31, 1960, the sane being located in Elmwood Farms Sub- division in the Northeast 1/4 of Section 2, City of Livonia, Wayne County, State cf Michigan, recorded in Liber 48, page 59 of Plats, Wayne County Records; provided, however, that resolution #286-60 adopted May 23, 1960, be and hereby is rescinded; and the City Clerk is requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: MC Cann and Daugherty. Page 4402 The President declared the resolution adopted. At the request of the Director of Public Safety, the letter requesting funds for the Fire Department was removed from the agenda. By Councilman Salvadore, seconded by Councilman Grant, it was #310-60 RESOLVED that, having considered the report and recommendation of the Director of Public Safety dated May 18, 1960, approved by the Budget Director and the Mayor, which requested an appropriation of $565.00 for the purpose of converting Fire Department radio equipment, the Council does hereby approve said request, and the sum of $565.00 is appropriated from the Provision for Other Supplies and Services Account to the Fire Depart- ment Radio Repair Account No. 125-23. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: None. By Councilman Daugherty, seconded by Councilman Grant and unanimously adopted, it was #3111-60 RESOLVED that, having considered the request of The Detroit Edison Company dated May 16, 1960, to install improved street lighting equipment on certain streets of the City that are presently included in a special assessment district, the Council does hereby refer to the Depart- ment of Law the request of The Detroit Edison Company for a report and recommendation relative to the question of whether or not once an assess- ment district has been established, the Council may properly authorize increasing special assessment rates in such special assessment district occasioned by the installation of new lighting improvements in such special assessment districts. By Councilman Kleinert, seconded by Councilman Salvadore, it was #312-60 RESOLVED that, having considered the communication from A. G. Gabriel & Company, Actuary for the City of Livonia, dated June 3, 1960,relative to a study of the Livonia Employees Retirement System with respect to certain changes recommended by the City of Livonia policemen and firemen, the Council does hereby authorize the A. G. Gabriel & Company to institute the actuarial study recommended in their letter of June 3, 1960, and the sum of $500.00 is hereby appropriated from the Provision for Other Supplies and Services Account to the Retirement Board of Trustees Account No. 122-1 (salaries) for the purpose of paying for the study re- quested. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: None. Page 41403 By Councilman McCann, seconded by Councilman Daugherty, it was RESOLVED that, having considered the report and recommendation of the City Planning Commission dated May 27, 1960, relative to Petition No. Z-440 submitted by Rouge Building Company for change of zoning from C-1 to C-2 in the Northeast 1/14 of Section 162 the Council does hereby ap- prove of and concur in the recommendation of the City Planning Commission and Petition No. Z-14140 is hereby denied. By Councilman Bagnall, seconded by Councilman Salvadore, it was #343-60 RESOLVED that, Petition No. Z-440 of Rouge Building Company for change of zoning from C-1 to C-2 in the Northeast 1/b of Section 16 be tabled. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Grant and Salvadore. NAYS: McCann, Daugherty and Sasser. The President declared the resolution adopted. The request of Theodore Crantz for extension of time on Glenbrook Estates Subdivision and Glenbrook Colony Subdivision was removed from the agenda. The request of Warner and Warner for extension of time on Sunny Acres Sub- division was removed from the agenda. By Councilman Bagnall, seconded by C ouncilman Salvadore, it was #31414-60 RESOLVED that, Henry Koloff Building Company, 25408 Henley Drive, Huntington Woods, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Koloff's Sunny- side Estates Subdivision located on the North side of Schoolcraft Road and South of Five Mile Road,approximately 2,000 feet East of Levan Road in the Southeast 1/4 of Section 20, and the Sputhwest 1/4 of Section 21, City of Livonia; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of March 1, 1960; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Depart- ment of Public Works under date of June 3, 1960; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be super- vised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily Page 4404 installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily instal ed or, in lieu thereof, there is filed with her by said proprietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: $1658000,00$ of which $10,000.00 shall be cash; and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) That the proprietor submit to the City Engineer as-built plans of all improvements installed in the subdivision, on cloth reproducible material; (5) On full compliance with the above conditions and with the provisions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval; Provided, however, that the Bureau of Inspection shall not issue any certificate of occupancy for any residence or residences con- structed within this subdivision prior to the completion of those contemplated improvements to the Livonia Water Supply System which, it is estimated, will be completed on or about July 1, 1960. A roll call vote was taken on the foregoing resolution with the following results AYES: Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: McCann and Daugherty. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Salvadore, it was #345-b0 RESOLVED that, Henry Koloff Building Company, 25409 Henley Drive, Huntington Woods, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Koloff's Sunnyside Estates Subdivision No. 2, located on the North side of Schoolcraft Road and South of Five Mile Road, approximately 2,000 feet East of Levan Road in the Southeast 1/4 of Section 20,add the Southwest 1/4 of Section 21; City of Livonia; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of March 1, 1960; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Department of Public Works under date of June 3, 1960; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No, 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; Page 1 .05 (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improve- ments shall not be considered as having been satisfactorily in- stalled until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said proprietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amounts $79,000.00, of which $7,900.00 shall be cash; and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) That the proprietor submit to the City Engineer as-built plans of all improvements installed in the subdivision, on cloth reproduc- ible material; (5) On full compliance with the above conditions and with the provisions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval; Provided, however, that the Bureau of Inspection shall not issue any certificate of occupancy for any residence or residences con- structed within this subdivision prior to the completion of those contemplated improvements to the Livonia Water Supply System which, it is estimated, will be completed on or about July 1, 1960. A roll call vote was taken on the foregoing resolution with the following results AYES: Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: McCann and Daugherty. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Grant, it was #346-60 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated June 2, 1960, approved by the Director of Public wlorks, with relation to the request of Kimberly Oaks Estates Subdivision and Kimberly Oaks Estates Subdivision No. 2, for a reduction in bond, the Council does hereby amend Item No. 3 of Council resolution #74-59 adopted January 26, 1959, as amended by Council resolution #450-59 adopted July 21, 1959, so as to reduce the bond for remaining improvements in Kimberly Oaks Estates Subdivision and Kimberly Oaks Estates Subdivision No. 2 to the amount of $30,000.00, and the $53,000.00 surety bond on deposit with the City of Livonia shall be reduced accordingly to $30,000.00 and the liability of the bonding company shall be limited to said amount. A roll call vote was taken on the foregoing resolution with the following results AYES: McCann, Daugherty, Bagnall, Kleinert, Grants Salvadore and Sasser NAYS3 None. Page 406 By Councilman Salvadore, seconded by Councilman McCann, it was #347-60 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated May 23, 1960, approved by the Director of Public Works, with relation to a reduction of bond for Merri-Five Subdivision, the Council does hereby amend Item No. 3 of Council resolution #687-57 adopted on July 29, 1957, as amended by Council resolution #497-59 adopted on August 10, 1959, so as to reduce the bond for remaining improvements in Perri-Five Subdivision to the amount of $6,000.00, and the $11,000,.00 bond now on deposit with the City of Livonia shall be reduced accordingly to $6,000.00, and the liability of the bonding company shall be limited to said amount. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: None. By Councilman McCann, seconded by Councilman Salvadore, it was #348-60 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated May 23, 1960, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolution #148-59, adopted on March 9, 1959, as amended by Council resolution #663-59, adopted on October 12, 1959, so as to reduce the bond for remaining improvements in Sunset Park Subdivision to $31,000.00, and the $35,000.00 bond now ondeposit with the City of Livonia shall be reduced accordingly to $31,000.00, and the liability of the bonding company shall be limited to said amount. A roll call vote was taken on the foregoing resolution with the following results AYES: McCann, Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: Daugherty. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman McCann, it was #349-60 RESOLVED that, having considered the report and recommendation of the Library Commission dated June 3, 1960, relative to a request for an appropriation for travel expenses, the Council does hereby concur with said request and the sum of $300.00 is hereby appropriated from the Provision for Other Expenses Account to Library Account No. 123-19. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Bagnall, Kleinert, Salvadore, Grant and Sasser. NAYS: None. By Councilman Salvadore, seconded by Councilman McCann, it was Page 4407 #350-60 RESOLVED that, having considered the report of the Superintendent of Operations, approved by the Director of Public Works, the low bid of the Ohio Oil Company, 2115 S. State Street, Ann Arbor, Michigan, is hereby accepted to supply the City of Livonia 93-octane rating gasoline at $.1199 per gallon in accordance with the instructions, specifications aid proposal forms submitted to said low bidder; aid the Director of Public Works and the City Clerk are hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: None. By Councilman Daugherty, seconded by C ouhcilman McCann, it was #351-60 RESOLVED that, having considered the report of the Superintendent of Operations, approved by the Director of Public Works, the Council does hereby accept the bid of Bill's Road Oiling Service, 18220 Cherzylawn,Detroit 21, Michigan, to supply the City of Livonia road oil at $.08 per gallon, and the low bid of Hally Ifldustries, 9191 East Jefferson, Detroit 114 Michigan, to supply Lignin Sulfonate at $.06 per gallon, in accordance with the in- structions, specifications and proposals submitted to said bidders; and the Director of Public Works and City Clerk are hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following results AYES: McCann, Daugherty, Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: None. By Councilman McCann, seconded by Councilman Grant, it was #352-60 RESOLVED that, having considered the report and recommendation of the Superintendent of Operations, approved by the Director of Public Works, dated June 3, 1960, the Council does hereby accept the following low bids for supplying the City of Livonia the following materials at the prices stated: Material Bidder Price CP (1-3) A & A Asphalt Paving Co. $7.35 per ton 1045 Haynes Avenue Birmingham, Michigan CP (1-3) Cadillac Asphalt Paving Co. $7.40 per ton To be supplied 12490 Evergreen, Detroit 28 when material not available from A & A Asphalt Paving Co. Blacrete Allied Chemical Corp., $9.28 per ton delivered Barrett „Rode-Rite" Barrett Div., 13501 Hurron River Drive Romulus, Michigan AE (1-3) Allied Materials Corp. see below and RS (i) 5200 E. Nevada, Detroit 34, Michigan Pa ge 111408 Prices quoted for AE & RS are the same, in the following load quantities: Delivered - 4,200 gal. min. .1319 2,000 gal. min. .]1128 1,000 gal. pin. .1646 Pick-up - less than 500 gal. .15 500 gal. or more .1275 MC (0-14) Leonard Refineries .1410 and Alma, lichig an RC (1-14) ..11135 and the Director of Public Works and the City Clerk are hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS:None: By Councilman McCann, seconded by C ouncilman Bagnall, it was #353-60 RESOLVED that, the Council does hereby appropriate to Legislative Account No. 102-3 (office supplies) the sum of $500.00 from the Provision for Capital Equipment Account for the purpose of providing for the payment for certain capital equipmen t needed by the Counci1. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: None. By Councilman Salvadore, seconded by Councilman Kleinert, it was #3511-60 RESOLVED that, having considered the report and recommendation of the Department of Law dated June 13, 1960, the Council does hereby transfer from the Provision for Other Expenses Account to Department of Law Budget Account No.60 (Miscellaneous) the sum of $100.00 to be used for the purpose of accepting plaintiff is offer of settlement in litigation entitled Leonard Lindstrom v. Donald Wilson, Wayne Circuit Court No. 295-509; and the Department of Law is 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 results AYES: McCann, Daugherty, Baghall, Kleinert, Grant, Salvadore and Sasser: NAYS: None. Councilman Bagnall introduced the following emergency Ordinance: NO. 302 Page 4409 AN ORDINANCE AMENDING CHAPTER III OF ORDINANCE NO. 166 ENTITLED, "AN ORDINANCE TO LICENSE AND REGULATE THE TAXICAB AND MOTOR VEHICLE FOR HIRE BUSINESS; TO FIX FEES AND RATES; TO PROVIDE FOR LIABIL CTY INSURANCE; TO LICENSE DRIVERS; TO PROVIDE FOR TAXI )ETER INSPECTIONS, CONDUCT OF DRIVERS, DISPOSAL OF LOST PROPERTY, ADVERTISING AND RELATED MATTERS; AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THE TERMS HEREOF," BY ADDING THERETO SECTIONS 3.12 AND 3.13. THE CITY OF LIVONIA ORDAINS: Section 1. Chapter III of Ordinance No. 166 of the City of Livonia entitled, "An Ordinance to License and Regulate the Taxicab and Motor Vehicle for Hire Business; to Fix Fees and Rates; to Provide for Liability Insurance; to License Drivers; to Pro- vide for Taxi Meter Inspections, Conduct of Drivers, Disposal of Lost Property, Advertising and Related Matters; and to Provide a Penalty for the Violation of the Terms Hereof," is hereby amended by adding thereto Sections 3.12 and 3.13 which read as follow s: Section 3.12. Exemptions from License Requirement. Notwithstand- ing any of the preceding provisions of this ordinance, no taxicab shall be required to have a license or permit where (a) such taxicab has a license issued by another city or village, and (b) such taxicab enters the City of Livonia for the sole purpose of delivering passengers who became such out- side the City of Livonia, and (c) such taxicab, while on private property within the City of Livonia, takes on new passengers for delivery outside the City of Livonia; provided, however, that any taxicab meeting the license exemption set forth herein shall be required to comply with all other regulatory requirements set forth in Ordinance No. 166, as amended. Section 3.13. Display Insurance Sticker Requirement. All taxicabs operating within the geographical limits of the City of Livonia shall have affixed to such vehicles, in a conspicuous place, a sticker which describes the amount of public liability and property damage insurance in force covering such vehicle and its occupants, and further describing the name of the Carrier and the effective date of the policy in force upon such vehicle. Section 2. Ordinance No. 172 is hereby repealed and all other ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section . Should any portion of this ordinance be held invalid for any reason, such hol shall not be construed as affecting the validity of the remain- ing portions of this ordinance. Section 4. This ordinance is hereby declared to be an emergency ordinance necessary to the protection of the public health, safety and welfare, and shall take effect immediately on publication. A roll call vote was conducted on the foregoing Ordinance with the following result: AYES: McCann, Daugherty, Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: None. Page 1410 The President declared the foregoing Ordinance duly adopted and would become effective on publication. The President appointed the following Committee to meet with the Wayne County Department of Public Works: Councilman John T. Daugherty Councilman Jack Salvadore Councilman Rudolf R. Kleinert John Hiltz, Chief City Engineer Charles J. Pinto, Assistant City Attorney On motion of Councilman Bagnall, seconded by Councilman Salvadore and unanimously adopted, this 310th regular meeting of the Council of the City of Livonia was duly adjourned at 11:52 P. M., June 13, 1960. 4 y CLARK, City Clerk r