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HomeMy WebLinkAboutCOUNCIL MINUTES 1963-07-10 Page 6124 MINUTES OF THE FOUR HUNDRED SIXTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 10, 1963, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:12 P. M. Councilman McNamara delivered the invocation. Roll was called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty, William E. Parks, Rudolf R. Kleinert, John F. Dooley, Edward H. McNamara and James R. McCann, Absent-- None. Elected and appointed City officials present: Marie 4. Clark, City Clerk; Juanita Hillas, Deputy City Clerk; State Representative laul Chandler; Alan Walt, City Attorney; Charles J. Pinto, first Assistant City Attorney; Milton A. Firestone, Assistant City Attorney; Robert A. Shaw, Director of Public Works; Daniel Andrew, Industrial Coordinator; Victor C. Phillips, Budget Director; Thomas J. Griffiths, Jr., Chief Accountant; David L. Jones, water and Sewer Commissioner; William J. Strasser, Chief City Engineer; Harvey W. Moelke, Mayor; Addison 4. Bacon, Director of Public Safety; Thomas Heap, Zoning Board of Appeals; Thomas A. Genova, Jr., Parks and Recreation Commissioner; and Burl Woodward, Industrial Development Commission. By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was #518-63 RESOLVED that, the minutes of the 415th regular meeting of the Council of the City of Livonia held June 26, 1963, and the 79th special meeting held July 8, 1963, are hereby approved. Marie W.Clark, City Clerk, informed the Council of a veto message dated July 10, 1963, from the Mayor, vetoing resolution #510-63, adopted on June 26, 1963. By Councilman McNamara, seconded by Councilman Dooley, it was #519-63 RESOLVED that, having considered the veto of resolution #510-63, adopted on June 26, 1963, the Council does hereby readopt said resolution #510-63, the same as if it were word for word repeated herein. The President relinquished the chair to the Vice President at 9:25 P. M., to speak on the question. Page 6125 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bagnall, Daugherty, Parks, Kleinert, Dooley and McNamara. NAYS: None. The Vice President declared the resolution adopted and the Mayor's veto over-ruled. The President resumed the chair at 9:37 P. M., and called for a recess, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. The Council departed from the regular order of business to take care of items on which people were waiting. By Councilman Dooley, seconded by Councilman Daugherty and unanimously adopted, it was #520-63 RESOLVED that, the latter dated July 10, 1963, from the Mayor regarding the contract for the dance and accordion program, is hereby referred to the Finance Committee for report and recommendation. By Councilman Kleinert, seconded by Councilman Dooley, it was #521-63 RESOLVED that, having considered the communication from the Department of. Law, dated June 25, 163, which communication transmits to the Council the original copies of certain grants of easements obtained in connection with the construction of the proposed Newburgh Road Sanitary Sewer, the Council does hereby acknowledge delivery of 1) Grant of Easement dated June 5, 19u3, executed by Edward W. Salow and Lena C. Salow, his wife, across the east 27 feet of the west 60 feet of Parcel 17L1 and Parcel 17L2a; 2) Grant of Easement dated June 5, 1963, executed by waiter Mielbeck and Ella Mielbeck, his wife, across the east 27 fek t of the west 60 feet of Parcel 17K1, 17K2a; 3) Grant of Easement dated April 18, 1963, from Harry Slatkin Builders, Inc., a Michigan Corporation, across the east 27 feet of the west 60 feet of Parcel 1712b; L ) Grant of Easement dated April 18, 1963, from Harry Slatkin Builders, Inc., a Michigan Corporation, across the east 27 feet of the west 60 feet of Parcel 17J1; 5) Grant of Easement dated April 18, 1963, from Harry Slatkin Builders, Inc., a Michigan Corporation, across the east 27 feet of the west 60 feet of Parcel 1711; Page 6126 6) Grant of Easement dated June 20, 1963, from Harriett ,chroder across the east 27 feet of the west 60 feet of Parcel 1712a; 7) Grant of Easement dated May 31, 1963, from P,,rker Home Buildersj Inc., a Michip.an Corporation, across the east 27 feet of the west 60 feet of Parcel 17E1a,17H1a; 8) Grant of Easement dated June 19, 1963, from John 0.schroder and Don thy Schroder, his wife, across the east 27 feet of the west 60 feet of Parcel 17E1a, 17111a; 9) Grant of Easement dated June 20, 1963, from Harriett Schroder across the east 27 feet of the west 60 feet of Parcel 17E1a, 17H1a; 10) Grant of Easement dated June 10, 19t3,from Marion S. Meredith across the east 27 feet of the west 60 feet of Parcel 17E1a, 17H1a; 11) Grant of Easement dated June 10, 1963, from Gladys Latta across the east 27 feet of the west 60 feet of Parcel 17E1a, 17H1a; 12) Grant of Easement dated May 8, 1963, from Claude Simmons, a Widower, Gerald Simmons and Florence Simmons, his wife, across the west 27 feet of the east 60 fe t of Parcel 18A; 13) Grant of Easement dated May 16, 1963, from the Livonia Puolic Schools school District, across the east 27 feet of the west 60 feet of Parcel 17H2a; the Council does hereby accept the Grants of Easements described and con- veyed in the foregoing instruments and requests the City Clerk to cause the same to be recorded in the Office of the Wayne County Register of Deeds and to file the same in her office thereafter, and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McGann„Daugherty„ Parks, Kleinert, Dooley and Bagnall. NAYS: None. A report dated June 26, 1963, from the Legislative Committee, WaS read by Councilman McCann,Chairman. By Councilman McCann, seconded by Councilman Dooley and unanimously adopted, it was #522-63 RESOLVED that, having considered the report dated June 26, 1963, from the Legislative Committee with respect to radio tower regulations in residential districts, referred by resolution #109-63, and having been verbally informed by the Departnent of Law that such regulations are being included in the new comprehensive zoning ordinance, the Council does hereby concur with the recommendation of the Committee and acknowledges receipt of such report. Page 6127 By Councilman McCann, seconded by Councilman Dooley and unanimously adopted, it was #523-63 R SOLVED that, having considered the report dated June 26, 1963, from the Legislative Committee with respect to state legislation which would permit the refunding of water revenue bonds (referred by resolutions #63-63 and #131-63), which legislation was proposed in House Bill No. 57, the Council does hereby determine to take no further action on this matter in view of the State Legislature's action on the said House Sill No. 57. By Councilman McCann, seconded by Councilman Dooley and unanimously adopted, it was #524-63 RESOLVED that, having considered the report dated June 26, 1963, from the Legislative Committee, with respect to a request from a Mrs. Geneva Lester, 20672 Elmira,Livonia, Michigan, requesting an ordinance for the control of cats (referred by resolution #133-63), the Council does hereby refer such matter to the Police Department for its report and recommendation regarding such an ordinance. Councilman McCann introduced the following emergency Ordinance: No. 1437 AN ORDINANCE AMENDING ORDINANCE NO. 21, AS AMENDED, KNOWN AND CITED AS IHE TRAFFIC ORDINANCE OF THE CITY OF LIVONIA BY AMEND- ING SECTIONS 7.1, 7.2, 7.3, 1.4, 7.5, 7.6, 7.7, 7.8, 7.9, 7.10 AND 7.114. OF CHAPTER 7.0 THEREOF. THE CITY OF LIVONIA ORDAINS: Section 1. Sections 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 7.9, 7.10 and 7.114 of Chapter 7.0 of the Traffic Ordinance, Ordinance No. 21, as amended, entitled "An Ordinance Regulating Traffic and the Use and Operation of Vehicles Upon the Public Streets and Thoroughfares of the City of Livonia, Providing for theDisposal of Abandoned Vehicles, Providing a Penalty for Violation of This Ordinance and Repealing all other Ordinances and Sections of Ordinances in Conflict Herewith", are hereby amended as follows: Section 7.1. Responsibility of Parents and Guardians. It shall be unlawful for the parent of any child or the guardian of any ward to authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter. Section 7.2. License Required. It shall be unlawful for any person who resides within the City to either ride, operate, propel or use a bicycle propelled wholly or in part by muscular power upon any of the streets, alleys or public highways of the City of Livonia without first having obtained a license, license tax and license card therefor. Section 7.3. License Application. Application for a bicycle license shall be made on forms provided for that purpose by the Police Department Page 6128 shall be filed with the Police Department. section 7.4. Issuance of License. (a) The Police Department, upon receiving a proper application there- for, is authorized to issue a bicycle license which shall be issued as a permanent license for the particular Bicycle, and which license when issued, shall entitle the licensee, after securing a corresponding registration card and license tag, to operate such bicycle upon the streets, alleys and public hi.,hways in the City of Livonia. The Police Department shall keep an accurate record of all licenses issued, including the date of issuance, the name and address of the person to whom it was issued, the number of the license and a description of the bicycle (by name or make and frame number) for which the license was issued. (o) The Police Department shall not issue a license for any bicycle if the licensing officer knows or has reasonable grounds to believe that the applicant is not the owner of or lawfully entitled to possession of the bicycle sought to be licensed. (c) The Police Department shall cause each bicycle to be inspected before licensing the same and shall refuse a license for any bicycle which is determined to be in unsafe mechanical condition. Section 7.5. Issuance of License Card and License Tag. Immediately after obtaining a license as above provided, the Police Department shall issue to the licensee a license card and license tag for such bicycle. The license card and tag shall be furnished by the City of Livonia without extra charge. The license cards and license tags shall have numbers stamped thereon in numerical order beginning with the number "one" and shall also contain the name of the City of Livonia. The number of the license card and license tag shall correspond to the number of the license issued by the Police Department. The Department shall keep and maintain an accurate register showing (a) the date and issuance of each license card and license tag; (b) the name and address of the person to whom issued; (c) the make and serial number of the bicycle; (d) all transfers and returns of license cards; and (e) such other information as may be pertinent. Section 7.6. Attachment of License Tag. The license tag shall be made of metal or plastic and shall be suitable for attachment upon the frame of bicycles. It shall be the dutyof the Police Department to present one (1) such metallic or plastic tag and to deliver a corresponding license card to the licensee. It shall be the duty of the licensee to immediately there- after attach the license tag to the licensed bicycle. Section 7. ?. deturn of License Card upon Transfer of Ownership. It shall be the duty of every person who sells or transfers ownership of any bicycle to report such sale or transfer by returning to the Police Department the license card issued to such person as licensee thereof, together with the name and addres_, of the person to whom the biccle was sold or transferred; such report to be made within seven (7) days after the date of the sale or transfer. It shall be the duty of the purchaser or transferee of such bicycle to apply for a transfer of the registration thereof and the issuance of a new license card therefor, within seven (t ) days of the sale or transfer. Upon Page 6129 the issuance of the license card, the purchases or transferee shall be deemed the licensee of such bicycle. Section 7.8. License Fee; Transfer Fee. The licensee fee to be paid for each bicycle shall be One Dollar ($1.00) and shall be paid to the Police Department at the time of the issuance of the permanent license. An ad- ditional fee of One Dollar ($1.00)shall be charged for each license tag issued to replace any tag that is lost or stolen. The license to such bicycle shall be transferred when the ownership of the bicycle is transferred and a fee of twenty-five cents (25¢) shall be paid for the registration of such transfer and the issuance of a new license card by the Police Department. All license fees and transfer fees shall be promptly forwarded to the City Treasurer and paid into the General Fund of the City. Section 7.9. Bicycle Dealers and Rental Agencies. (a) Every person engaged in either the business of buying or selling new and/or secondhand bicycles shall, without fail, make and file monthly reports to the Police Department listing every bicycle purchased or sold during the preceding month, giving the name and address of the person from whom purchased or to whom sold, a description of such bicycle by name or make, the frame number and the number of the license tag, if any, found thereon. It shall be unlawful for any person engaged in the business of buying secondhand bicycles to purchase any secondhand bicycle from a minor under seventeen (17) years of age without the written consent of his or her parents. (b) A rental agency and/or any person engaged in such business shall not rent or offer any bicycle for rent, unless the bicycle is licensed and a license tag is attached thereto as provided herein and such bicycle is equipped with the lamps and other equipnent required in this ordinance. Section 7.10. Unlawful to Deface Frame Numbers or License Tags. It shall be unlawful for any person to wilfully or maliciously remove, destroy, mutilate or alter the number of any bicycle frame licensed pursuant to this ordinance. It shall also be unlawful for any person to remove, destroy, mutilate or alter any license tag, seal or license card during the time in which such license tag, seal or license card is operative and in effect. Nothing in this ordinance shall, however, be construed to prohibit the Police Department from stamping numbers on frames when no serial number can be found or when such number is illegible and insufficient for identifi- cation purposes; nor shall this ordinance prevent the Police Department from placing other numbers or marks on the frames of bicycles which shall be peculiar to the City of Livonia. Section 7.14. Riding on Roadways and Bicycle Paths. (a) Each person operating a bicycle upon a roadway shall ride as near to the right-hand side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (b) No person, riding a bicycle upon a street or highway shall ride two abreast or more, except on paths or parts of roadways set aside for the exclusive use of bicycles. Page 6130 (c) Whenever a usable path for bicycles has been provided adjacent to a street or highwa ', bicycle riders shall use such path and shall not use the street or highway. (d) No person under the age of twelve (12) years shall ride a bicycle except on sidewalks; provided that such persons may ride bicycles within other parts of public rights-of-way with the written consent of his or her parent or guardian which written consent shall be carried on his or her person. (e) No person shall park or cause to be left, any bicycle in or within a five (5) foot radius from either the entrance or exit to any business es tab lishmen t. Section 2. All 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 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. Section 4. This Ordinance is hereby declared to be an emergency ordinance, necessary for 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: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become ef.iective on publication. The letter dated June 14, 1963, from the Department of Law, regarding the status of Yale Avenue, south. of Plymouth Road, submitted pursuant to resolution #708-61, wqs received and placed on file for the information of the Council. By Councilman Daugherty, seconded by Councilman Parks, it was #525-63 RESOLVED that, having considered the report and recommendation dated June 26, 1963, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby accept the unit price bid of Luigi D'Agostini & Sons Contracting Company, 17086 Ego, East Detroit, Michigan, for the installation of a sanitary sewer line on Greenland Avenue in the Northwest 1/4 of Section 14, City of Livonia, Michigan, for the estimated total cost of $20,130.00, based on the Director of rublic Workts quantity estimates, and such having been in fact the lowest bid received for this work; provided further, that the acceptance of this bid and the awarding of the Page 6131 contract in connection therewith which is herein authorized shall not be effective until the bid herein accepted receives the formal approval of the Board of Wayne County Road Commissioners; and provided further, that subject to the aforesaid condititn„ the Mayor and City Clerk are heroin authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid successful bidder, and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman McNamara, it was #526-63 RESOLVED that, the Council having originally adopted its resolu- tion #142-63 on March 6, 1963, which (1) determined the necessity for the installation of a sanitary sewer lateral on Greenland Avenue in the North- west 1/4 of Section lh, City of Livonia; (2) indicated the estimated cost of such project as being 17,900.00; and (3) requested the Board of Wayne County Road Commissioners to approve of the use of a sufficient amount of surplus revenues to cover the cost of such project, and the City having since the adoption of such resolution, advertised for and received bids for the construction of such project, and the lowest bid received for such work being in the amount of $20,130.00, the Council does hereby amend its resolution #142-63„ so as to substitute the amount of $20,130 in lieu of the original estimated cost of the Greenland Avenue sanitary sewer, and does hereby request the Board of Wayne County Road Commissioners to approve of the use of such amount from the surplus revenues presently in the possession of the County from the issuance of bonds in connection with the contract referred to in the aforesaid resolution #142-63; and the City Clerk is hereby requested to transmit certified copies of this resolution to the Board of Wayne County Road Commissioners and to the legal firm of Miller, Canfield, l'addock and Stone. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #527-63 RESOLVED that, the Council does herebyacknowledge receipt of a report dated June 2)4, 19631fram the Civil Service Commission (submitted pursuant to resoluti( n #328-63), regarding the necessity for court reporter services at Civil Service Commission hearings, and does hereby refer such report to the Department of Law for its opinion and comments in connection therewith, such opinion to be filed with the City Council. By Councilman Dooley, seconded by Councilman 1-1cCann„ it was Page 6132 #528-63 RESOLVED that, having considered the report dated June 26, 1963, from the Department of Law (submitted pursuant to resolution #336-62), regarding the appraisal reports received from Reaume & Dodds, realtors, 1300 Griswold Bldg., Detroit 26, Michigan, dated June 17, 1963, and Van Deusen and Van Deusen, Ford Building, Detroit 26, Michigan, dated June 7, 1963, in connection with the acquiring of certain property in Section 1 of the City of Livonia for the purpose of constructing a foot- bridge across the Rouge Flood Plain, the Council does hereby acknowledge receipt of such appraisal reports and does hereby authorize payment for such services in the amount of 43250.00 to each of the above named firms, and for that purpose does hereby authorize the expenditure of $ 00.00 from the Land Acquisition Account of the Budget; and the City Clerk is herein authorized to do all things necessary or incidental to the full performance of this resolution; and the Department of Law is hereby authorized to initiate negotiations for the acquisition of the property described in the aforesaid appraisal reports and to thereafter file a report of such negotiations with the City Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman Parks, it was #529-63 RESOLVED that WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 22, for the pro- posed installation of concrete paving on a portion of Cavell Avenue be- tween Plymouth Road and West Chicago Road in the Northeast 1/4 of Section 36, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Ordinance No. 401, of the City of Livonia, a public hearing thereafter having been held thereon on June 24, 1963, at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 22; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, Bi IT RESOLVED that: 1. The City Council does herebydetermine that the assessments set forth in said Special Assessment Roll dated May 15, 1963, in the amount of $56,486.651 are fair and equitable and baaed upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the Chief City Engineer and resolutions of the City Council; 2. Said Special Assessment Roll No. 22 is hereby approved and confirmed in all respects; Page 6133 3. The amount of said roll shall be divided into ten 010) equal annual installments with interest at the rate of six per cent (6%) per annum on the unpaid balance of the assessment from the data of confirmation; in such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and near Ten Dollars ($10.00) as possible; the first installment shall be due and payable December 1, 1963, and subsequent installments on December 1st of succeeding years; 4. Pursuant to the provisions of Section 3.10 of Ordinance No. 401, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publi.ih notice as is required by Section 6.03, and mail assessment statements to the respective property owners assessed, in the manner and substance as provided by said Section 6.03; any property owner assessed may, within sixty (60) days from the date of confirmation of the roll, pay the whole or any part of the assessment without interest or penalty; 5. The first installment shall be spread upon the 1963 City tax roll in the manner required by Section 6.05 of Ordinance No. 401, together with interest upon all unpaid installments from the date of confirmation of the roll to December 1, 15'63, and thereafter one (1) installment shall be spread upon each annual tax roll, together with one (1) year's interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No. 101, either within sixty (60) day period as provided by Section 6.04, or after the expiration of the sixty (60) day period as provided by Section 6.07, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; 6. That the City Council having determined to pay the entire cost of intersections, 20' wide alley and crosswalks in the amount of $7,900.00, within the said district, the sum of $7,900.00 is hereby transferred from the Unallocated Fund to the Special Assessment District No. 22 Account to cover the City's cost of said installation. A roll call vote was taken on the foregoing resolution with the following result: AYES : McCann, Parks, Kleinert, Dooley and Bagnall. NAYS: McNamara and Daugherty. The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #530-63 RESOLVED that, having considered the communication dated June 4, 1963, from the Department of Law, transmitting a new and revised Plat Or- dinance (submitted pursuant to resolution #(-16-63), the Council does hereby refer the sane to the Legislative Committee for its report and recommendation in connection therewith. Page 613). By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #531-63 RESOLVED that, having considered the communication dated May 28, 1963, from Mrs. N. A. Dittmar, 32522 Barkley, Livonia, Michigan, regarding the installation of additional safety devices in the Kimberly Oaks Sub- division, and having considered also in connection therewith, the report dated June 2L, 1963, from the Director of Public Safety (submitted pur- suant to resolution #L31-63), the Council does hereby request from the Director of Public 4 dorks a report and recommendation indicating the feasibility of: 1) the painting of a permanent school legend and permanent pedestrian crossing lanes on the Hubbard Road pavement in the vicinity of Barkley Street; 2) the installation of a temporary sidewalk on and along the west side of Hubbard Road right-of-way from Barkley to Lyndon; 3) installing temporary stop signs at the intersection of Hubbard. and Barkley to facilitate crossing of pedestrian traffic at that intersection; and L ) such other recommendations as may be made so as to provide more adequate safety precautions for chi ldren traveling from the Kimberly Oaks Subdivision to the Jackson School; provided further, that the Director of Public Works is hereby directed to notify the developer of the Kimberly Oaks Subdivisions to install all re- maining sections of sidewalk on and along the Hubbard Road right-of-way adjacent to such subdivisions. By Councilman Parks, s econded by Councilman McNamara and unanimously adopted, it was #532-63 RESOLVED that,having considered the report aid recommendation dated May 21, 1963, from the City Planning Commission in connection with Petition G-583 submitted by Doyle Tippett, et al, for change of zoning in the Northeast 1/)4 of Section 33 from RUFB to R-3, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition Z-,83 is hereby approved and granted; and the City Planner is instructed to c,use the necessary map f or publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law,and upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Kleinert, seconded by Councilman Parks, it was #533-63 RESOLVED that, having received a communication dated June 5, 1963, from the Office of -e Mayne County Drain Commissioner (submi.tted pursuant to resolution #393-63), indicating surplus funds available in the Livonia Page 6135 Drain No. 1 Construction Account in the amount of ,?256,81)1.70, and having also considered the report and recommmndation dated June 19, 1963, from the Chief City Engineer, approved by the I°layor and Director of Public Works, regarding the use of remaining surplus funds from the Livonia Drain No. 1 Construction Account (submitted pursuant to resolution #393-63), and having also considered the map attached to such communication entitled "Additional Sewer Work Livonia Drain District No. 1", and identified as File No. 49A-63 and dated June 1)10 1963, the Council does hereby approve of the use of such surplus funds for the additions and extensions to the Livonia Drain No. 1 Project as recommended in the aforementioned com- munication and shown on the aforesaid plan; the Council further authorizes the Livonia Drainage Board No. 1 to proceed immediately with such projects as are referred to herein in the aforesaid communication and shown on the aforesaid plan to the extent that the same may be completed from such remaining surplus funds, and to formally advertise for and receive con- struction bids for the same, and to do all other things necessary or incidental to the full performance of this resolution; and the City Clerk is hereby requested to forward copies of this resolution and the aforesaid communication and plan (each of which is made a part hereof by this reference), to the Office of the Wayne County Drain Commissioner and to the firm of Miller, Canfield, Paddock Pz Stone, bonding counsel. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #534-63 RESOLVED that, having considered the letter dated May 24, 1963, from Mr. Steve Murphy, 15366 Ashurst, Livonia, Michigan, requesting an ordinance amenahent which would permit distributionof coin-operated billiard tables in the City of Livonia, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. Councilman Dooley introduced the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 428 OF THE CITY OF LiVONIA ENTITLED "AN ORDINANCE TO DESIGNATE THE SEVERAL PARCELS OF LAND OWNED BY THE CITY 0' LIVONIIA AND USED FOR IARK, PLAYGROUND AND RECREATIONAL PURPOSES BY ESTABLISHING NAMES THEREFC)R," BY AMENDING SECTION 1(H) THEREOF. THE CITY OF LIVONIA ORDAINS: Section 1. Section 1(H) of Ordinance No. 428 of the City of Livonia entitled "An Ordinance to Designate the Several Parcels of Land Owned by the City of Livonia and Used for Park, Playground and Recreational Purposes by Establishing Names Therefor," is hereby amended to read as follows: Page 6136 Section 1(H). The land owned by the City of Livonia, in the Southeast 1/4 of Section 21, and at the intersection of Farmington and Lyndon hoads, shall be known and referred to as "LIVCNIA HENRY FORD CENTENNIAL ATHLETIC FIELD." Section 2. All 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 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #535-63 RESOLVED that, having considered the petition dated June 24, 1963, from Devon-Aire Woods Civic Association (submitted by James F. Duggan, 11012 Milburn, Livonia, Michigan), containing signatures of several hundred residents, requesting the installation of a traffic signal at the intersection of Milburn Avenue and Plymouth Road in the City of Livonia, Michigan, the Council does hereby request the Michigan State Highway Department to investigate the necessity for such installation and to thereafter submit its findings to this Council, together with an indication of the total cost of such installa- tion and the share of same which would have to be assumed by the City of Livonia; and the City Clerk is hereby requested to transmit two certified copies of this resolution to the Michigan State highway Department, 17405 Lahser, Detroit 19, Michigan, to the attention of the Office of the Metro- politan District Traffic Engineer, and to do all other things necessary or incidental to the full performance of this resolution. By Councilman Kleinert, seconded by Councilman McNamara, it was #536-63 RESOLVED that, VIV Investment Company, 17191 Wyoming, Detroit 21, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: VIV MANOR SUBDIVISION, a part of the S. W.1/4 of Section 13, City of Livonia, Michigan, and it appearing that tentative approval of said proposed plat was ;riven by the City Plan- ning Commission under date of August 16, 1959 and June L , 1963; 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 16, 1963; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvments 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 vyorks, within a period of two (2) years from the date of this resolution; Page 6137 (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 13 , 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 pro- prietors a bond to the City of Livonia, in such form as maybe ap- proved by the City Attorney, and in the following amounts: General improvement Bond of $59,000, of which at least $5,900 shall be in cash; Sidewalk Improvement Bond of $4,200, of which at least $2,100 shall be in cash; and until all inspection fees and other charges due to the City of Livonia have been fully paid; (Li) That the proprietor submit to the City Engineer as-built plans of al? improvements installed in the subdivision, on cloth reproducible material; (5) On full compliance with the aoove conditions and with the pro- visions 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 no Certificates of Occupancy shall be issued for any dwellings constructed within the aforesaid sub- division unless and unti 1 the constructionof the Livonia Drain No. 18 is completed and the approval of this subdivision in this resolution is also made expressly subject to the satisfactory and completed construction of Livonia Drain No. 18. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. By Councilman McNamara, seconded by Councilman Parks, it was #537-63 RESOLVED that, having considered the report and recommendation dated June 19, 1963, from the Chief City Engineer, approved by the Directcr of Public works, the Council doe hereby amend item No. 3 of resolution #5 -61, adopted on July 31, 1961, as amended by resolutions #238-62 and #608-62, so as to reduce the bond for remaining improvements in Taylor Gardens Subdivision to 46,000, of which at least 52,000 shall be in cash, to cover the cost of remaining improvements in said subdivision; and the City Clerk and City Treasurer are hereby authorized to do all things neces- sary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann,Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. Page 6138 By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was #538-63 RESOLVED that, consideration of the report and recommendation dated June 24, 1963, from the Superintendent of Operations Division on bids for mowing right-of-way, is hereby tabled pending a report from the Department of Public Works on the latter dated July 1, 1963, from Gustav H. Eschels of the American Federation of St-,te, County and Municipal Employees. By Councilman Parks, seconded by Councilman McCann, it was #539-63 RESOLVED that,having considered the request dated June 27, 1963, from the Budget Director, the Council does hereby transfer the sum of $525.00 from the Unallocated Account to Account No. 139-70 of the Budget for the purpose of purchasing a printing calculator. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann,Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. By Councilman McCann, seconded by Councilman Kleinert, it was #510-63 RESOLVED that, having received the request dated July 1, 1963, from the Budget Director, approved by the Mayor, the Council does hereby transfer the sum of $842.00 from the Unallocated Account to a new and separate budget account No. 309-53E to be entitled "Youth Fitness Day"; such sum is being appropriated for the purpose of covering expenses to be incurred from the sponsorship of the Detroit Metropolitan YouthFitness Day to be held in Livonia on July 25, 1963. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman McCann, it was #541-63 RESOLVED that, having considered the request dated June 28, 1963, from the Chief Inspector, approved by the Director of Public Works, the Council does hereby transfer the sum of $$3,610 from the Unallocated Account to Account No. 220-1 of the Budget (salary account of the Bureau of Inspection), for the purpose of employing a temporary building inspector for the balance of the fiscal year; and the Chief inspector is hereby requested to prepare and submit to the Council a schedule indicating the number and assigned responsibilities of all building inspectors within the Bureau of Inspection. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. Page 6139 Councilman McNamara introduced the following emergency Ordinance: No. 436 AN ORDINANCE AMENDING EJECTION 33 OF THE 7(NTNG 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 3.352. THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission, dated July 5, 1963, on Petition No. Z-602, having been considered by the Council, the Council hereby adopts said petition to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings heretofore conducted on said petition are hereby approved. Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia is hereby amended by adding thereto the following section: Section 3.352. Petition No. Z-602, submitted by Kenneth Warren, Agent for Acres Development Company, is hereby granted and the zoning classification of the premises hereinafter described is hereby changed from C-1 to C-2 as requested in said petition: Lots 76a1, 76a.2, 76a3 and 76b in Supervisor's Livonia Plat No. 1 in the Northwest 1/4 of Section 33, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; and Lot 1 in Supervisor's Livonia Flat No. 1 in the Northwest 1/4 of Section 33, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; and the Northwest 1/4 of Section 33 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 109 of the Zoning Map of the City of Livonia", showing all of the amendments and changes made in the fore- going Section 2 of this ordinance is hereby approved, established and made a part hereof. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necess;,ry to give this ordinance full force and effect. Section 5. Should any portion of this ordinance ue held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. Section 6. This ordinance is hereby declared to be an emergency ordinance, necessary for the protection of the public health, safety and welfare, and shall take effect immediately on publication. Page 6140 A roll cal] vote was conducted on the foregoing Ordinance with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. The President declarcd the f oregoing Ordinance duly adopted and would become effective on publication. By Councilman McCann, seconded by Councilman Dooley, it was #51.2-63 RESOLVED that, having considered the report and recommendations dated June 28, 1963, from the superintendent of Operations Division, ap- proved by the Director of Public Works, the Council does hereby accept: a) the bid of Safway Steel Scaffolds Company, 57 E. Canfield, Detroit 1, Michigan, for three (3) Portable Bleachers at 5139.50 each, total 4118.40; and three (3) Basketball Poles and Backstops at $71.00 each, total $142.00; b) the bid of Game-Time, Inc., Litchfield, Michigan, for two (2) bicycle racks at $60.00 each, total $120.00; and for two (2) Rockets at $179.00 each, total $358.00; c) the bid of the Mexico Forge, Inc., R. D. #1, Reedsville, Pennsylvania, for one (1) Buckin Bronco at $266.85; and two (2) Cowboy Horizontal Lad_,ers at 5305.00 each, total $610.00; such having been the lowest respective bids received for each of the items listed above; provided furt ger, the Coundil does hereby accept the bid of Game-Time, Inc., Litchfield, Michigan, for supplying the City with three (3) Pony Swing Sets at a cost of $220 each, $68L..00 total, for the reasons stated in the aforesaid recommendation from the Superintendent of Operations Division; and provided further, the Council does hereby reject all bids received for the two (2) slides referred to in the aforesaid report and recommendation from the Superintendent of Operations Dilrision, and does hereby authorize the Superintendent to readvertise for and receive new bids for such item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Parks, Kleinert and Dooley. NAYS: McNamara and Bagnall. The i resident declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Parks and unanimously adopted, it was #543-63 RESOLVED that, in reference to a letter dated June 28, 1963, relative to equipment for playground use, the Recreation Commissi n is requested to furnish to the City Council a report designating the location of the equipment bid and purcha. ed. Page 61)41 By Councilman Parks, seconded by Councilman Kleinert, it was RESOLVED that, having considered the communication dated July 3, 1963, from Miami 'Blue Water Pools, Inc., 30505 West 13 Mile Road, Farming- ton, Michigan, regarding a waiver from certain requirements of Ordinance No. 305, in connection with the proposed construction of a swimming pool at 9800 Hartel, Livonia, Michigan, and having considered in connection with such request, the plot plan attached thereto, the Council does hereby, pursuant to Section 10 of Article III of Ordinance No. 305, as amended, waive the side yard requirements for swimming pools as set out in such ordinance, so as to permit such pool to be constructed in the manner shown on the plot plan referred to above. By CounciJm. n McCann, seconded by Councilman McNamara, it was #5LI)I-63 RESOLVED that, the request dated July 3, 1963, from Miami Blue Water Pools, Inc., regarding a waiver from certain requirements of Ordinance No, 305, is hereby tabled to the next regular meeting of the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Daugherty, Dooley and Bagnall. NAYS: Parks and Kleinert. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman McCann, it was #545-63 RESOLVED that, having considered the request dated July 8, 1963, from the Budget Director, the Council does hereby transfer the sum of $500 from Account No. 170-1 to Account No. 170-70, of the Industrial Development Commission Budge i, for the purpose of providing funds to pur- chase furniture for the office of the new Industrial Coordinator. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and 5agnall. NAYS: None. By Councilman Kleinert, seconded oy Councilman Parks, it was #5146-63 RESOLVED that, Sterling Homes, :Inc., 17191 Wyoming, Detroit 21, Michigan, as proprietors, having requested the City Council to approve the prorosed plat of the following Subdivision: Denmar Estates Subdivision, part of the S. E. 1/4 of Section 8, City of L vonia, Michigan; and it ap- pearing that tentative approval of said proposed plat was given by the City Planning L'ommission under date of March 1, 1960 and May 10, 1963; 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 July 8, 1963 and July 10, 1963; the City Council does hereby approve said proposed plat on the following conditions: Page 6142 (1) All of such improvements shall oe 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 supervised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until thereis 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 in- stalled or, in lieu thereof, there is filed with her by said pro- prietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amounts: General Subdivision Improvement Bond in the amount of $606,000, of which at lest $10,000 shall be in cash; Sidewalk Improvement Bond in the amount of $44,000, of which at least 48,800 shall be in cash; and until all inspection fees and other charges due to the City of Livonia have been fury 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 a bove conditions and with the pro- visions of said Plat Orainance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Parks, Kleinert and Bagnall. NAYS: McNamara, Daugherty and Dooley. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Parks, it was #517-63 RnSOLVED that, having considered the communication dated July 8, 1963, from the Engineering Division with respect to the proposed Denmar Estates Subdivision to be situated in the e. E. 1,44 of Section 8 of the City of Livonia, which subdivision was approved by resolution #5)46-63, adopted on July 10, 1963, the Coun© 1 does hereby and pursuant to the authority reserved by Section 13 of Ordinance No.135, as anended, authorize the installation and location of sidewalks four (4) feet in width in the aforesaid subdivision and does hereby also authorize the improvement of streets with twenty-seven (27) foot wide concre+.e pavements with three and one-half inch (3-1/2") high mountable curbs; provided further, that the Page 61143 modification of improvement requirements in connection with this subdivision is hereby made in view of the fact that the subdivider has increased the width of lots to be developed within said subdivision, thereby reducing proportionately pedestrian and vehicular traffic. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #548-63 RESOLVED that, Mr. William 3arrie, 32900 Five Mile Road, Livonia, Michigan, as proprietor,having requested the City Council to approve the proposed plat of the following Subdivision: Merriman Road Industrial Sub- division,located in the Northwest 1/4 of Section 26, City of Livonia, Michigan; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of April 24, 1963; 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 July 8, 1963; 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 tNo. 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 improv-ments shall be supervised and inspected by the Department of Public orks and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Secti on 114 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 in- stalled or, in lieu thereof, there is filed with her by said pro- prietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: General Improv ment Bond in the amount of $91,000, of which at least 09,100 shall be in cash; and until all inspection fees and other charges due to the City of Livonia have been fully paid; (Li) 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 pro- visions 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 street to be dedicated, as shown Page 611411 on the aforesaid plan, shall be improved with 31 foot wide,9 inch re- inforced concrete paving; that the proprietor shall not be required to install public sidewalks within the aforesaid subdivision except where the proprietor deems the same to be necessary; and that the requirements pertaining to street trees and traffic signs, etc., are also waived, due to the fr,ct that this subdivision is a proposed industrial development. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #549-63 RESOLVED that, the Council does her by determine to hold regular meetings during the month of August, 1963, on Wednesday, August 7th, and Wednesday, August 21, 1963, and all prior resolutions of the Council are hereby modified but only to the extent that they conflict with this resolution. By Councilman McNamara, seconded by Councilman Dooley, it was #550-63 REJOLVED that, having considered the recommendation of the Mayor, dated July 10, 1963, regarding an additional appropriation for a salary increase for the City Planner, and for such purposes, the Council does hereby transfer the sum of 4p9l3.32 from the Budget Account #310 to the Budget Account #357-1. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. The following resolution was unanimously offered and adopted by the Council: #551-63 WHEREAS, ROBERT GIRARDIN has recently resigned his position as Recreation Director after successfully serving theCity of Livonia in that capacity for the past five years; and WHEREAS, during his tenure as Recreation Director, the Council came to know and respect "Bob" for his unselfish desire to work for the best interest of the community and to also respect his desire to promote working relationships between all persons interested in making this City the best possible community, in which to work and live; NOW, THEREFORE, Mo. IT RESOLVED that, having earned the respect of all his acquaintances, the City Council believes it fitting and proper to record at this time its sincere appreciation to "Bob" for his continued Page 6145 willingness to be of help and for a job well done; the Council further extends to Bob"uits best wishes for success and prosperity in his new position as Recreation Director for Southg,,te, California. On motion of Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, this 416th regular meeting of the Council of the City of Livonia was duly adjourned at 11:14 P. M., July 10, 1963. / 2 Mate. d Clark, City Clerk L