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HomeMy WebLinkAboutCOUNCIL MINUTES 1965-02-10 Page 6994 MINUTES OF THE FOUR HUNDRED EIGHTY-FIRST REGULAR MEETING OF THE COUNCIL of THE CITY OF LIVONIA On February 10, 1965, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 4 :00 P. M.. Councilman Allen delivered the invocation. Roll was called with the following result: Present--Rudolf R. Kleinert, Daniel C. Allen, John F. Dooley and **Edward H. McNamara. Absent-- -Peter A. Ventura, *James R. McCann arid John T. Daugherty. Elected and appointed officials pr:.sent: Addison W. Bacon, City Clerk; Harry C. Tatigian, first Assistant City Attorney, Thomas J. Griffiths, Jr., Chief Accountant; Victor C. Phillips, Budget Director, William J. Strasser, Chief City Engineer; Don Hull, City Planner; John E. Hiltz, Consulting Engineer, Joel LaBo, Director of Public Safety, Robert A. Shaw, Director of Public Works, Daniel R. Andrew, Industrial Coordinator, John Dufour, Superintendent, Parks and Recreation; David L. Jones, Water arid Sewer Commissioner, Avram Rosenthal, Librarian; and Joseph Jenkin, Duane Roush and Mrs. Peggy Miquelon of the Library Commission. By Councilman Dooley, seconded by Councilman Allen and unanimously adopted, it was #106-65 RESOLVED that, the minutes of the 480th regular meeting of the Council of the City of Livonia held on February 3, 1965, are hereby approved. *Councilmen James R. McCann and Peter A. Ventura arrived at 8:12 P. M.. The letter dated February 10, 1965, from the Mayor, regarding the Lecture Facility for the South Branch Library, was received and filed. by Councilman Dooley, seconded by Councilman Met amara, it was RESOLVED that, having received a communication dated January 20, 1965, from the Library Commission regarding the use of the property acquired pursuant to resolutions #33-65 and #34-55, for a proposed library branch to be located south of Plymouth Road between Woodring and Loveland, arid including the 60 feet in width vacated portion of Roseland for a depth of 405 feet in a southerly direction from the nearest edge of the Plymouth Road right-of-way, the Council does hereby determine to authorize the Library Commission and the architectural firm of Gunnar Birkerts and Page 6995 Associates, 1300 North Woodward, Birmingham, Michigan, to proceed with plans and preparations for the development of said proposed library branch on both parcels of property acquired in the aforesaid resolutions and in- cluding thereto the vacated portion of Roseland, for a total amount of 5431,200.00, which structure shall include therein lecture facilities, and further that the cost of this library branch shall be financed from the proceeds of a 4438,000.00 bond issue under the provisions of Act 305 of the Public Acts of 1919, as amended, a 4126,000.00 grant and aid to be received from the drilled States of America under the Library Services and Construction Act (P.L.88-269), and 667,200.00 to be earmarked and trans- ferred from the General Funds of the City, which latter amount is the equivalent of that received as a donation from Mr. W. Warren Shelden and Mr. Allan Shelden III, and further, that the law firm of Miller, Canfield, Paddock and Stone is requested in the preparation of the necessary resolu- tions authorized pursuant to resolution #934-64, to change and modify same so as to authorize the issuance of a bond issue in the amount of 6438,000.00 for the construction of a free public library to be located south of Plymouth Road between Woodring and Loveland, and the City Clerk is requested to send certified copies of this resolution to Gunnar Birkerts and Associates, 1300 North Woodward, Birminham, Michigan, and Miller, Canfield, Paddock and Stone, Esqs. , 2500 Detroit Bank and Trust Building, Detroit 26, Michigan, and the Council does hereby rescind its resolution #55-65, adopted on January 27, 1965. By Councilman Ventura, seconded by Councilman McCann, it was RESOLVED that, the proposed resolution regarding the south branch library be tabled until such time a.J a full Council is present. A roll call vote was taken on the tabling resolution with the following result: AYES: McCann and Ventura. NAYS: Allen, Dooley, McNamara and Kleinert. The President declared the tabling resolution denied. The President relinquished the chair to the Vice President at 8:19 P. M., to speak on the original motion, and resumed the chair at 8:25 P. M.. A roll call vote was taken on the original resolution with the following result: AYES: Allen, Dooley and McNamara. NAYS: McCann, Ventura and Kleinert. The President declared the resolution denied. *Councilman Edward H. Mchamara was execused at 8:50 P. M., for the balance of the meeting. By Councilman Dooley, seconded by Councilman McCann, it was Page 6996 #107-65 RESOLVED that, having received a communication dated January 20, 1965, from the Library Commission regarding the use of the property acquired pursuant to resolutions #33-65 and #34-05, for a proposed library branch to be located south of Plymouth Road between Woodring and Loveland, and including the 60 feet in width vacated portion of Roseland for a depth of 405 feet in a southerly direction from the nearest edge of the Plymouth Road right-of-way, the Council does hereby determine to authorize the Library Commission and the architectural firm of Gunnar Birkerts and Associates, 1300 North Woodward, Birmingham, Michigan, to proceed with plans and preparations for the development of said proposed library branch on both parcels of property acquired in the aforesaid resolutions and in- cluding thereto the vacated portion of Roseland, for a total amount of $445,200.00, that the cost of this library branch shall be financed from the proceeds of a $378,000.00 bond issue under the provisions of Act 305 of the Public Acts of 1919, as amended, and 367,200.00 hereby authorized and advanced from the General Funds of the City; the Council further determines that in the event the City's application for a Federal Grant of $126,000.00 is approved under the Library Services and Construction Act (P.L. 88-269), the amount of the bond issue under Act 305 shall be reduced by a like amount; and the City Clerk is requested to send certified copies of this resolution to Gunhar Birkerts and Associates, 1300 North Woodward, Birmingham, Michigan, and the Council does hereby rescind its resolution #55-65, adopted on January 27, 1965. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McCann and Kleinert. NAYS: Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Allen and unanimously adopted, it was #108-65 RESOLVED that, having considered the report and recommendation dated December 23, 1964, from the City Planning Commission in regard to Petition No. G-656, submitted by Melvin B. Rosenhaus in behalf of Mel Construction Company, for chance of zoning on the north side of Ann Arbor Trail between Levan and Wayne Roads, just east of the cemetery and across the street from New Joy Subdivision, in the Southeast 1/4 of Section 32, from C-1 to R-3, the Council does hereby reject the recommendation of the City Planning Commission and Petition No. L-656 is hereby denied for the reason that this use is not compatible with the surrounding area. At 9:05 P.M., a recess was called, after which the meeting resumed with all members present except Councilman Daugherty and McNamara. By Councilman Dooley, seconded by Councilman Ventura, it was #109-65 RESOLVED that, having considered a request dated January 29, 1965, made by Mr. J. Leonard Nyman, 1331 First National Building, Detroit, 26, Michigan, in behalf of the Arbor Development Company, concerning the Page 6997 use of a Letter of Credit in lieu of the General Improvement Bond and Sidewalk Bond previously authorized in resolution #30-65 for the proposed Arbor Estates Subdivision, the Council does hereby determine that for the purpose of obtaining final plat approval, prior to completion of all re- quired improvements in the proposed Arbor Estates Subdivision located in the Southwest 1/4 of Section 31, City of Livonia, Wayne County, Michigan, the proprietor may file with the City of Livonia, in addition to the pre- viously authorized financial assurances set forth in resolution #30-65, an Irrevocable Letter of Credit in the amount of 0204,000.00, and cash in the amount of $10,000.00 for General Improvement Bond, and an Ir- revocable Letter of Credit in the amount of 013,600.00, and cash in the amount of 03,400.00 for the Sidewalk Bond, drawn upon a duly authorized national banking institution qualified to do business in the State of Michigan, and on such terms, conditions and forms as may be approved by the Department of Law; 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: Allen, Dooley, McCann, Ventura and Kleinert. NAYS: None. By Councilman Ventura, seconded by Councilman Dooley, it was #110-65 RESOLVED that, having considered the report and recommendation dated January 7, 1965, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of resolution #666-64, adopted August 5, 1964, as subsequently amended by resolutions #696-64, adopted August 19, 1964, and #71-65, adopted Janu- ary 27, 1965, so as to release the Letter of Credit in the amount of 083,700.00, for general improvements for Burton Hollow Estates Subdivision No. 5, and the cash requirements for general improvement bond as well as the sidewalk bond, the plan review and inspection fee, the tree fund, and future traffic control sign, cash payment requirements shall remain the same, 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: Allen, Dooley, McCann, Ventura and Kleinert. NAYS: None. By Councilman Ventura, seconded by Councilman Dooley, it was #111-65 BE IT HEREBY RESOLVED that the City of Livonia consents to the assumption of jurisdiction by the Board of County Road Commissioners of the County of Wayne, Michigan, of the following described portion of Merriman Road: Page 6996 A strip of land 120 feet in width comprised of the west o0 feet of section 2, and the east 60 feet of section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Said strip of land to be designated Merriman Road, constituting 1.00 mile of County Road. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McCann, Ventura and Kleinert. NAYS None. An Ordinance Amending Section 16 of the Zoning Hap of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, by Adding Thereto Section _ (Petition Z-648), introduced by Councilman Ventura on February- 3, 1965, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Allen, Dooley, McCann, Ventura and Kleinert. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become ef- fective on publication. An Ordinance Amending Article 4.00 of Ordinance No. 60, as amended, of the City of Livonia, Known and Cited as the Zoning Ordinance by Adding Thereto Section 4.47 (Petition z-652), introduced by Councilman McCann on February 3, 1965, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Allen, Dooley, McCann, Ventura and Kleinert. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become ef- fective on publication. An Ordinance Amending Section 2 of the Zoning Mao of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, by Adding Thereto Section (Petition Z-654), introduced by Councilman McCann on February 3, 1965, was taken from the table and a roll call vote conducted thereon with the following result: Page 6999 AYES: Allen, Dooley, McCann, Ventura and Kleinert. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become ef- fective on publication. An Ordinance Amending Section 2 of the Zoning Map of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, by Adding Thereto Section (Petition Z-655), introduced by Councilman Ventura on February 3, 1965, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Allen, Dooley, McCann, Ventura and Kleinert. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become ef- fective on publication. By Councilman Allen, seconded by Councilman McCann and unanimously adopted, it was #112-65 RESOLVED that, having considered a letter dated January 21, 1965, from the Michigan Public Service Commission, Lansing, Michigan, regarding the Chesapeake and Ohio Railway crossings at Newburgh and Stark Roads, the Council does hereby refer this matter to the Director of Public Works and does authorize him to do all things necessary to comply with the request made for further information in this regard. By Councilman Allen, seconded by Councilman Dooley and unanimously adopted, it was #113-65 RESOLVEDthat, due to the increased awareness of the dangers inherent in unprotected railway crossings loci ed within highly urbanized areas, the Council does hereby request that State Representative Marvin R. Stempien introduce legislation at the present session of the State Legis- lature which would amend Act 270, P. A. of 1921, as amended, "Railroad Maintenance of Way and Equipment," so as to require railroads to provide automatic signaling devices and protective gates and barriers at grade crossir gs located within cities and villages, and the City Clerk is hereby requested to forward a certified copy of this resolution to State Representative Marvin R. Stempien, House of Representatives, Capitol Building, Lansing, Michigan. Page 7000 Councilman McCann introduced the following Ordinance: AN ORDINANCE TO RhGULr'I'S CHE SPEED AND OPERATION OF RAILROAD T'ItAII S 'WITHIN THE CITY OF LIVONIA The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as ii word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #114-65 RESOLVED that, having considered a communication dated January 21, 1965, from the Department of Law, whici transmits a suggested form of Articles of Incorporation of Municipal Building Authority of Livonia, together with a form resolution approving said Articles of Incorporation and a procedural outline to accomplish such incorporation and the require- ments for the organizational portion of any transcript, prepared by Mr. John H. Nunneley of the law firm of Miller, Canfield, Paddock and Stone and submitted pursuant to resolution #912-64, the Council does hereby refer same to the Legislative Committee for its report and recommendation. By Councilman Dooley, seconded by Councilman Ventura, it was {,115-65 RESOLVED that, having considered the report of the Department of Law dated January 21, 1965, relative to the acquisition of parcels 32A1 which land is necessary for the opening and extension of Yale Avenue south of Plymouth Road and which would extend from the north boundary line of Country Homes Subdivision to Plymouth Road, the Council does hereby authorize the Mayor and City Clerk to execute the necessary purchase agreement to acquire this site for the sum of 58,600.00, the cost of the acquisition of this property shall be financed from the General Fund of the City of Livonia, the same to be considered an advance from the pro- ceeds of a special assessment district established for the purpose of defraying the cost of the proposed improvement,and which district shall he created pursuant to provisions of Sections 3.03 and 4.01 or Ordinance No. 401, as amended; IT IS FURTHER RESOLVED that, the owner or owners of the property herein to be conveyed shall furnish to the City of Livonia a policy of title insurance bearing a date later than this resolution, guaranteeing title in the condition required for performance of this resolution, the same being subject to review and approval by the Department of Law; IT IS FURTHER RESOLVED that, a sum not to exceed 000.00 is hereby appropriated from the General Fund for the purpose of pro-rating at the time of closing the 1964 City, School and County Taxes which have been paid by said owner or owners; Page 7001 IT IS FURTHER RESOLVED that, the owner or owners of the property herein to be conveyed shall execute on a form approved by the Department of Law a warranty deed conveying said property to the City of Livonia and described as follows : Parcel 32A1 The east 43 feet of the following described parcel: The north 330 feet ol the east 9 acres of the north 30 acres of the east 1/2 of the northeast 1/4 of Section 32, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan; and upon receint of same, the City Clerk is requested to record such warranty deed with the Wayne County Register of Deeds; and the City Clerk, City Treasurer and Department of Law are herein authorized to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McCann, Ventura and Kleinert. NAYS: None. The Opinion No. 65-1, from the Department of Law, submitted pursuant to resolution #421-64, was received and filed for the information of the Council. By Councilman Allen, seconded by Councilman McCann and unanimously adopted, it was #116-65 RESOLVED that, having considered a letter dated January 25, 1965, from Mr. Bernard Edelman of Tomorrows Homes, Inc. , 13101 West Seven Mile Road, Detroit 35, Michigan, regarding the dedication of a right-of-way for the proposed Hix Road, the Council does hereby request that the Board of Trustees, Schoolcraft College, 18600 Haggerty Road, Livonia, Michigan, dedicate to the City of Livonia the westerly 43 feet of the proposed Hix Road where adjacent to the Schoolcraft College property, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Board of Trustees of Schoolcraft College. By Councilman Ventura, seconded by Councilman McCann and unanimously adopted, it was #117-65 RESOLVED that, having considered a communication dated December 29, 1964, from Mr. W. B. Washington, Asst. District Traffic Engineer of the Michigan State Highway Department, File Ref. 82101-49, regarding a request made by the City Council in its resolution #535-63, for the installation of a traffic control signal light on Plymouth Road at its intersection at Milburn Avenue, in the City of Livonia, Michigan, the Council does hereby determine to reject the denial of the Michigan State Highway Department on the City's request; and the City Clerk is hereby requested to forward Page 7002 a certified cony of this resolution to Governor George Romney, State Capitol Building, Lansing, Michigan, for his consideration in view of his public pronouncements of the neeO or the promotion of traffic safety. By Councilman Ventura, seconded by Councilman Dooley, it was #118-65 RESOLVED that, having considered the report and recommendation dated January 28, 1965, from John E. Hiltz & Associates, Inc., the Council does hereby accept the bid of Madison Drain Construction, Inc. , 28306 Brush, Madison Heights, Michigan, for the Amrhein Road Trunk Sanitary Sewer Ex- tension, for the price of $17, 213.25; such having been in fact the lowest bid received for this item; and that having considered a communication dated January 22, 1965, from Mr. Valerio Capoccia, President of the riadison Drain Construction, Inc. , wherein he advises the Council that his bid was in error for the reasons outlined in the aforesaid communication, the Council does hereby determine that in the event the Madison Drain Con- struction, Inc., refuses to enter into a contract with the City for this purpose, his bid will then be rejected and the Council will, in that event, accent the bid of Michael J. Clarke, an individual, for the performance of the Amrhein Road Trunk Sanitary Sewer Extension for the price of 426,055.00, such having been in fact the second lowest bid received for this item; and the additional sum of $555.00 shall also be disbursed from the Contract Payment Fund of the Sewer Division of the City in addition to that sum pre- viously authorized in resolution #7o9-64, it being the understanding of Council that such funds will be reimbursed to the aforesaid account from Phase I of the Contingency Fund of the Master Sewer Program. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McCann, Ventura and Kleinert. NAYS: None. By Councilman Ventura, seconded by Councilman Dooley and unanimously adopted, it was #119-65 RESOLVED that, having considered a communication dated January 21, 1965, from the Newburg Methodist Church, 36500 Ann Arbor Trail, Livonia, Michigan, (Trustees of the Newburg Methodist Church, Earl Waack, President) offering to sell property located at the northeast corner of Newburgh Road and Ann Arbor Trail, consisting of the Church, a hall, a two-story house, and vacant property, described as Lots 736, 737, and 760 of Supervisoris Livonia Plat No. 12, for an asking price of .x,40,000 with 4110,000 down and the balance to be paid on a 10-year land contract with 6% interest (to be reduced to 4% in the event of an exemption from the payment of income taxes), and having also considered a communication from the Mayor, dated February 3, 1965, wherein he recommends the purchase of this property, the Council does hereby determine to respectfully decline this offer at this time. By Councilman Allen, seconded by Councilman Ventura and unanimously adopted, it was Page 7003 #120-65 RESOLJED that, having considered a letter dated January 19, 1965, from the Coolidge Elementary P. T. A., requesting the installation of a traffic control signal device on Seven Mile Road east of Purlingbrook Avenue (at the Carl Sandburg Library), the Council does hereby refer the same to the Traffic Commission for its report and recommendation. The letter dated January 12, 1965, from the Water and Sewer Board trans- mitting its resolution WS 687 12/64, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Dooley, it was #121-65 RESOLVED that, having considered a letter dated December 30, 19b4, from the Chief City Engineer, approved by the Director of Public Works, regarding an agreement to be entered into with the firm of John E. Hiltz and Associates, Inc. , 15601 West McIvichols Road, Detroit 35, Michigan, engaging said firm to perform engineering and other services as outlined in a grant received from the Housing Home Finance Agency of the United States of America, for the development of construction plans and documents for advance planning, P-Mich-3111, Storm Sewer Facilities Farmington Outlet, (pursuant to resolution #34-o4), which agreement is transmitted with the aforesaid letter, the Council does hereby authorize the Mayor and City Clerk to affix their signatures to such agreement for and on behalf of the City of Livonia, ana to do all other thins 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: Allen, Dooley, McCann, Ventura and Kleinert. NAYS: None. By Councilman McCann, seconded by Courcilman Allen and unanimously adopted, it was #122-65 RESOLVED that, having considered a letter dated January 25, 1965, from Henry G. Ofiara requesting inclusion of the name of Philip R. Hoffiz along with the name of Thaddeus J. Opalinski on an application previously filed for a Class C liquor license, as well as having considered a com- munication dated February 1, 1965, from Philip R. Hoffiz, in this regard, the Council does hereby state its belief that it has no power to take action on this matter, and that it is properly and legally the responsibility of the Michigan Liquor Control Commission. By Councilman Allen, seconded by Councilman Dooley, it was #123-65 RESOLVED that, having considered a communication dated January 20, 1965, from Mr. George E. Jaclarian, Chairman of the Livonia Employees Retire- ment System, which transmits a resolution adopted on December 14, 1964, by the Board of Trustees of the Livonia Employees Retirement System, wherein a request is made for an appropriation not to exceed $100.00 for the purpose of employing the firm of Gabriel, Roeder, Smith & Company, Consulting Page 7004 Actuaries, in order to present data which would indicate the potential cost to the City in the event of lowering the compulsory retirement age by five (5) years, the Council does hereby determine to concur in this request and for this purpose a sum riot to exceed $100.00 is hereby ap- propriated from the Unappronriated Surplus to Account 161-2 - Professional Services; and the City Clerk and City Treasurer are herein authorized to do all things necessary to the full nerformance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McCann, Ventura and Kleinert. NAYS: None. By Councilman. Dooley, seconded. by Councilman McCann and unanimously adopted, it was #124-65 RESOLVED that, having considered a communication dated January 23, 1965, from the City Assessor, wherein he recommends that a fee of $5.00 be charged Lor all applications made for lot splits, the Council does hereby request that the Department of Law submit a legal opinion relative to the validity of this procedure; and that the City Planning Director submit his report and recommendation regarding specifications and pro- cedures in this regard; and further, the Director of Public Works is also requested to submit a detailed renort relative to the actual costs that are involved as a result of lot splits, to the City. At the request of Mr. Anthony W. Snycerski, the letter from the Michigan Liquor Control Commission regarding new Class C license, was removed from the agenda. By Councilman Ventura, seconded by Councilman Dooley, it was #125-65 RESOLVED that, having considered a letter dated January 20, 1965, from Edward Connor, Chairman of the Wayne County Board of Supervisors, regarding the Federal Economic Opportunity Act of 1964 (war on poverty), the Council does hereby appoint Councilman Daniel C. Allen to act as Co- ordinator for the City of Livonia in its participation with the County of Wayne under the provisions of the aforesaid Economic Opportunity Act of 1964, and does further request that Councilman Allen submit his report and recommendation regarding the value, if any, that this program would have for our community. A roll call vote was taken on the foregoing resolution with the following result: AYES: *Allen, Dooley, McCann and Ventura. NAYS: Kleinert. *Councilman Allen abstained from voting, which is recorded as a "Yes vote under the provisions of Ordinance No. 27, Sec. 19. The President declared the resolution adopted. Page 7005 The resolution from the City of Ecorse regarding trailer trucks which carry flaimnables, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman McCann, it was #126-65 RESOLVED that, having considered the report and recommendation dated January 26, 1965, from the Chief City Engineer, approved by the Director of Public Works, regarding the sidewalk replacement project in the Smokier-Rousseau Subdivision, wherein the Council did determine by its resolution #810-64, to have the City install and repair sidewalks where property owners had failed to do so prior to October 1, 1964, the Council does hereby authorize, for the reasons outlined in the aforesaid report and recommendation of the Chief City Engineer, an advance in the amount of $3,251.64, from the General Funds, which amount will be reim- bursed to the City by the individual special assessment charges in accord- ance with the provisions of Ordinance No. 446, and the City's share (for crosswalks and curb repair) shall be $408.31 which sum is hereby trans- ferred from Unappropriated Surplus to the Civic Improvement Account of the General Fund Budget, further, the Council does hereby authorize, for the reasons outlined in the aforesaid report and recommendation of the Chief City Engineer, an advance in the amount of 3493.20, which amount will be reimbursed to the City by the individual special assessment charges in accordance with the provisions of Ordinance No. 446, for the construction and installation of a public sidewalk along the north side of West Chicago Road in front of Bureau of Taxation Parcel C2b, between Middlebelt Road and Emerson Junior High School property, which work was previously authorized in resolution #811-64, and the City's share for same shall be in the amount of $230.40, which sum is hereby transferred from Unappropriated Surplus to the Civic Improvement Account of the General Fund Budget. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McCann, Ventura and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman McCann, it was #127-65 RESOLVED that, having considered a communication dated January 29, 1965, from Clarence R. Charest, attorney, 33636 Five Mile Road, Livonia, to which is attached a statement for services rendered in the amount of $275.00, in the case of City of Livonia vs Northwestern Mortgage Company, et al, submitted pursuant to resolution #1020-64, as well as having considered an Order of Dismissal, attached thereto, dated January 27, 1965, signed by the Honorable Joseph G. Rashid, the Council does hereby authorize payment in the amount of $275 to Mr. Clarence R. Charest, and for this purpose ap- propriates the sum of $275 from Unappropriated Surplus to Acct. No. 146-2- Professional Services of the Department of Law, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution, and BE IT FURTHER RESOLVED that the aforesaid Order of Dismissal reads as follows: Page 7006 "This matter, having come on to be heard, upon a motion for additional findings by the Court, as filed by the Plaintiff, and Plaintiff having been represented by HARRY M. SMIT, and the Defendants, JOHN DAUGHERTY, DORIS BAUMGARTNER, GEORGE JACKMAN, ROY PUCKETT, JACK SALVADORE and ALBERT SCHLACK having been represented by CLAREIJCE R. CHAREST, and the Court being fully advised in the premises, "IT IS HEREJ3Y ORDERED that the Motion for Additional Findings by the Court is denied. "IT IS FURTHER ORDERED that this matter be dismissed as to JOHN DAUGHERTY, DORIS BAUMGARTNER, GEORGE JACKMAN, ROY PUCKETT, JACK SALVADORE, ALBERT SCHLACY and HARVEY MOELKE, without prejudice. " A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McCann, Ventura and Kleinert. NAYS: None. By Councilman Allen, seconded by Councilman McCann and unanimously adopted, it was #12F-65 RESOLVED that, having considered a letter dated January 29, 1965, from Mr. W. D. Brotherton, Jr. , 14340 Hillcrest, Livonia, Michigan, to which is attached a letter dated January 29, 1965, to the City Planning Commission, and the report dated February 9, 1965, from the Chief City Engineer, ap- proved by the Director of Public Works, with regard to a lot split in B. E. Taylor's Schoolcrait Manor Subdivision No. 2, the Council does hereby deny the request for the lot split at this time. By Councilman Ventura, seconded by Councilman Dooley, it was #129-65 RESOLVED that, this is to formally acknowledge acceptance of a gift in the amount of $800 from the Detroit Red Wing Alumni Association by its Secretary-Treasurer, Mr. John H. Sherf, 440 Brentwood, Dearborn, Michigan, to be used by the City's Recreation Department for the promotion of or- ganized amateur hockey by the youth of our community; and BE Ir FURTHER RESOLVED that, the City Council does hereby express its gratitude and appreciation for this splendid gesture and to commend the Detroit Rea Wing Alumni Association for its interest in helping to promote an activity which can only inure to the City's betterment and general welfare. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McCann, Ventura and Kleinert. NAYS: None. L By Councilman Ventura, seconded by Councilman Dooley and unanimously adopted, it was Page 7007 L #130-65 RESOLVED that, the communication dated February 10, 1965, from the Chief Accountant, submitted pursuant to resolution #104-05, regarding Detroit Red Wing Alumni Association, Inc., check for promotion of Organized Amateur Hockey, is hereby referred to the Committee of the Whole. The petition for transfer of taxicab license, submitted by Philip J. Neudeck, attorney, was removed from the agenda, pending receipt of an application for license. By Councilman Allen, seconded by Councilman Dooley, it was #131-o5 RESOLVED that, the communication dated February 2, 19b5, from Clarence R. Charest, Attorney, 33636 Five Nile Road, Livonia, Michigan, in behalf of Mr. George Howard of 14955 Norman Avenue, Livonia, Michigan, request- ing approval on an application made previously for a Class C license (pre- viously referred to the Committee of tee Thole by resolution #844-64), is hereby referred to the Committee of the Whole for its consideration in this regard. A roll call vote was taken on the foregoing resolution with the following result: AYE3: Allen, Dooley, Ventura. and Kleinert. NAYS: McCann. LThe President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McCann and unanimously adopted, it was #132-65 RESOUJED that, the Council does hereby request the Board of Wayne County Road Commissioners to submit to the Council a list of all owners of property from whom road dedications and rights-of-way must be obtained on Merriman Road, between Seven Mile Road and Eight Milo Road, in the City of Livonia, Wayne County, Michigan, for the improvement of Merriman Road in this area, and further requests information relative to the progress that has been made in the acquisition of such road dedications to date, as well as the names of those agents and officials who are performing the service of obtaining the road dedications in this regard; and the City Clerk is hereby authorized to transmit a certified. copy of this resolution to the Board of Wayne County Road Commissioners. By Councilman Ventura, seconded by Councilman Allen and unanimously adopted, it was #133-05 RESOLVED that, having considered a communication dated Januar3, 21, 1965, from the Chief City Engineer, appro/ed by the Director of Public L Works, regarding transfer of property to the Board of County Road Com- missioners of Wayne County from the Citir of Livonia and more particularly road dedications on Merriman Road from Seven Mile Road to Eight Mile Road (ref: council resolutions #600-63 and #116-64), and the Council having heretofore consented to the assumption of jurisdiction of said road Page 7008 (resolution {111-65), and it appearing to the Council that such parcels are required by said Road Commission in order to provide ultimate right- of-way requirements of said road, the Council does hereby authorize the Mayor and City Clerk to execute the Quit Claim Deed, prepared by said Board, accompanying the afcresaid communication from the Chief City Engineer, for and in behalf of the City of Livonia, and the City Clerk is authorized to transmit said Pu it Claim Deed to the Board of County Road Commissioners, attention of Wilfred M. Steinke, Director of Real Estate Division, for recoruin-, and to do all other things necessary or incidental to the full performance of this resolution. By Councilman Ventura, secorded by Councilman McCann, it was #134-65 RESOLVED that, having considered the report dated February 2, 1965, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby accept the hid of Orr Brothers, Inc., 19049 Farmington Road, Livonia, Piehinan, in the total amount of 48,186.00 (base bid of 46,550.00 and an addition for Alternate No. 1 of $1,636.00) less 4330.00 because of bond and insurance requirement waivers set forth hereafter, for the renovation of the Council chambers in the City Hall building, such having been in fact the lowest bid received for this item, and for this purpose the sum of ,?7,856.00 is hereby appropriated from Unappropriated Surplus to the City Hall Renovation Account, and that based upon the recommendation made by Mr. William P. Lindhout, AIA, the performance bond, labor and material bond, and tre maintenance and guarantee bond requirements set forth in Articles 28, 29 and 30 in the General Conditions of the Contract are hereby waived and the insurance requiremerts prescribed in Article 26 are modified and chanced so as to require 4100,000/$300,000 coverage in lieu of $1O0,000/$4o0,000. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McCann, Ventura and Kleinert. NAYS' None. By Councilman Ventura, seconded by Councilman Dooley, it was #135-65 RESOLVED that, having considered the report and recommendation dated February 2, 1965, from the Chief City Engineer and Commissioner of the Water and ,.Sewer Division, approved by the Director of Public Works, the Council does hereby accept the bid of E. S. Mather, Inc. , 30777 Shiawassee, Farmington, Michigan, fur providin.F_ cover material for the City's refuse disposal site, the first 10,000 cubic yards shall be at a price of 42,400 and the unit price of .;Y.2o per cubic yard for additional cover material which is more than 2,000 cubic yards, said bid having been in fact the lowest bid received for this material; and the Mayor and City Clerk are hereby authorized to execute a contract for and in behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution, and there being sufficient money in the current budget to accomplish this purpose, no appropriation is necessary. A roll call vote was taken on the foregoing resolution with the following result: Page 7009 AYES: Allen, Dooley, McCann, Ventura and Kleinert. NAYS: None. By Councilman Allen, seconded by Councilman McCann and unanimously adopted, it was #136-65 RESOLVED that, having considered a communication dated January 28,, 1965, from the Water and Sewer Board, approved for submission by the Mayor, which transmits resolution No. WS o94 1/65, concerning a water line extension to service property at 14100 Stark Road, and the surrounding area, the Council does hereby refer same to the Water and Sewer Committee of the Council for its report and recommendation along with the referral that was made to the Committee by resolution #81-65. By Councilman Dooley, seconded by Councilman McCarnr, it was #137-65 RESOLVED that, having considered a request made by Mr. Rodney C. Kropf, attorneY, 32510 Plymouth Road, Livonia, Michigan, in behalf of the Himander Corporation, 1700 West Eight Mile Road, Suite 128, Southfield, Michigan, concerning the use of an Irrevocable Letter of Credit in lieu of the General Improvement Bond for remaining improvements in Beatrice Gardens Subdivision previously authorized in resolution #742-b4, adopted September 9, 1964, and subsequently amended by resolution #1005-64, adopted on December 16, 1964, the Council does hereby determine that for the purpose of obtaining final plat approval prior to completion of all re- quired improvements in the proposed Beatrice Gardens Subdivision located in the Northeast 1/4 of Section 8, City of Livonia, Wayne County, Michigan, the proprietor may file with the City of Livonia an Irrevocable Letter of Credit, in addition to the previously authorized financial assurancesset forth in resolution #742-64, in the amount of 41281,600.00 re the General Improvement Bond, drawn upon a duly authorized national banking institution qualified to do business in the State of Michigan, and on such terms, conditions and forms as may be approved by the Department of Law; 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: Allen, Dooley, McCann, Ventura. and Kleinert. NAYS: None. The following resolution was unanimously introduced and adopted: #130-65 WHEREAS, the Council has learned with profound regret of the passing of Gerald Berns, a trusted advisor, dedicated servant of Livonia and friend; and WHEREAS, during his five and a half years as Assistant City Assessor, Gerald Berns gained a reputation of a capable assessor and skilled technician; and Page 7010 WHEREAS, Gerald Berns played a prominent roll in establishing assessment procedures so important to the proper and effective functioning of the City' s goverrunent and the well-being of its citizens; and WHEREAS, the loss of Gerald Berns will be felt by those at the City Hall who knew him well, many friends and associates throughout Livonia, and those who knew him tnrough his fine reputation; NOW, THEREFORE, BE IT RESOLVED that, the City Council does hereby pay tribute to Gerald Berns in recognition of his many years of responsible and fruitful service to the City of Livonia and does hereby record its bereavement upon the death of a beloved public servant. On motion of Councilman McCann, seconded by Councilman Allen and unanimously adopted, this 481st regular meeting of the Council of the City of Livonia was duly adjourned at 10:10 P. M., February 10, 190. • Addison W. Baconi/C)it Clerk