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HomeMy WebLinkAboutCOUNCIL MINUTES 1963-08-07 Page 6175 MINUTES CF THE FOUR HUNDRED EIGHTEENTH REBUIAR MEETING CF THE COUNCIL OF THE CITY OF LIVONIA On August 7 , 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 8:16 P. M. Councilman Parks 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, Edwari H. McNamara and James R. McCann, Absent-- None. Elected and appointed officials present: Marie W. Clark, City Clerk; Juanita Hines, Deputy City Clerk; Charles J. Pinto, first Assistant City Attorney; Milton E. Firestone, Assistant City Attorney; Thomas J. Griffiths, Jr., Chief Accountant; David L. Jones, Water and Sewer Commiesioner; Robert A. Shaw, Director of Public Works; Addison W. Bacon, Director of Public '''afety; Victor C. Phillips, Budget Director; Mayor Harvey W. Moelke; David R. McCullough, City Planner; Edward G. Milligan, Planning L'ammissioner; William J. Strasser, Chief City Engineer; John E. Hiltz, Consulting Engineer; Daniel Andrew, Industrial Coordinator; Thomas Heap, Zoning Board of Appeals; James J. Jordan, Police Chief; and Charles E. Murley, Racing Commissioner. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #594-63 RESOLVED that, the minutes of the 417th regular meeting of the Council of the City of Livonia held July 24, 1963, are hereby approved. The letter dated July 4, 1963, from the Mayor, regarding Livonia Roads and New Census, was received and placed on file for the information of the Council. By Councilman McCann, seconded by Councilman Parks and unanimously adopted, it was #595-63 RESOLVED that, having considered the communication dated July 2L, 1963, from the Mayor, indicating that the State Highway Department has earmarked certain funds for the widening of M-14 (Ann Arbor Road) from Plymouth Road to the western limits of the City, the Council does hereby Page 6176 take this means to request of the Michigan State Highway Department an indication with regard to the current status of plans for such improvement; the Council also takes this means to inform the Michigan State Highway Department of its preference that such earmarked funds be re-allocated and thereafter used for improvements on Plymouth Road at intersections so as to provide additional lanes which will facilitate turns off Plymouth Road, it being the opinion of the Council that the latter improvements will best service the public health, safety and welfare of persons travel- ing on and along Plymouth Road within the City of Livonia; and the City Clerk is hereby requested to send copies of this resolution to the Office of Planning of the Michigan State Highway Department, Stevens T. Mason Building, Lansing 26, Michigan, to the attention of Mr. E. A. Bellenbaum„ Chief Planning Engineer. The letter dated August )4 1963, from The Livonia Archers Association, inviting the Council to attend the official opening of the archery range at the Livonia Athletic Park, was received and placed on file. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was 696-63 RESOLVED that, the Council does hereby acknowledge receipt of the tentative report dated August 6, 1963, from the City Planning Com- mission regarding the preparation of a new comprehensive zoning ordinance and map for the City of Livonia, and the City Council does hereby take notice of the fact that the City Planning Commission has recently completed a proposed new comprehensive zoning ordinance, including a new comprehensive zoning map, the aforesaid ordinance and map having been prepared and formu- lated pursuant to the direction of this Council in its resolution #941-62, adopted on December 19, 1963, and pursuant to the provisions of Act 207 of the Public Acts of Michigan of 1921, as amended; further, the Council does hereby acknowledge receipt of the tentative report of the Commission regard- ing such proposed new comprehensive zoning ordinance and map and takes further notice of the fact that a public hearing on such new zoning or- dinance and map has been set by the City Planning Commission to take place before the Commission on Tuesday, August 27, 1963, at 800 p. m., in the City Hall Building, 33001 W. Five Mile Road, Livonia, Michigan, and that notice of such hearing will be published in the official newspaper of the City of Livonla, The Livonian Observer, on Wednesday, August 7, 1963, and in all other respects required by the provisions of the said Act 207, the Council does hereby approve of such hearing and such notice and does hereby approve of the tentative report of the City Planning Commission and does hereby also approve of and concur in the public hearing and notice thereof as established by the Commission and referred to above. By Councilman Daugherty, seconded by Councilman Dooley and unanimously adopted, it was #597-63 RESOLVED that, having considered the report and recommendation dated July 31, 1963, of the Finance Committee (submitted pursuant to Page 6177 resolution #575-63)„ the Council does hereby determine to take no further action on the recommendation dated July 17, 1963, from the Civil Service Commission relative to the establishment of an additional classification to be entitled "Administrative Secretary", it being the understanding of the Council that the Civil Service Commission desires to give further consideration to this matter. By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was #598-63 RESOLVED that, having considered the communication dated July 26, 1963, from Joseph T. Siprak, the same is hereby referred to the Department of Law for its comments and opinion in connection with the matters raised therein. By Councilman Kleinert, seconded by Councilman McNamara, it was #599-63 RESOLVED that, the City of Livonia enter into an agreement with the Board of County Road Commissioners of the County of Wayne, Michigan, relative to the improvement of Farmington Road, from its intersection with Plymouth Road north to Base Line Road, in the City of Livonia, Wayne County, Michigan, a copy of said agreement is attached hereto and made a part hereof. BE IT FURTHER RESOLVED that,the Mayor and City Clerk be and the same are hereby authorized to execute the foregoing agreement for and on behalf of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall. NAYS: None. Councilmen Daugherty and Parks wished it recorded that while the Road Commission is asking for 120 foot right-of-way, they will he using only 60 feet, therefore, the residents will have the use of the additional property as they are now using it. By Councilman McNamara, seconded by Councilman Parks, it was #600-63 RESOLVED that, the Council does hereby approve of the proposed agreement by and between the City of Livonia and the Board of Wayne County Road Commissioners, providing for the improvement and widening of Merriman Road from its intersection with Schoolcraft Road north to Base Line Road (8 Mile Road), in the City of Livonia, Wayne County, Michigan, which agree- ment was transmitted with a letter dated July 15, 1963, from Oscar M. Gunderson, Planning and Negotiating Engineer for the said Board; and the Council does hereby authorize the Mayor and City Clerk to affix their signatures to such contract for and on behalf of the City of Livonia, and to do all other things necessary or incidental to the full performance of this resolution; and the said Clerk is requested to transmit four () ) Page 6178 executed copies of the agreement, together with a copy of this resolution to the said Board; a copy of said agreement is attached hereto and made a part hereof. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #601-63 RESOLVED that, the Budget Director and the Chief Accountant are requested to submit a detailed financial report and projection relative to the City of Livonia's obligation for paving bonds for the Farmington Road, Middlebelt Road, and Merriman Road paving projects, subject report to include a projection to 1969. By Councilman Dooley, seconded by Councilman McNamara, it was #602-63 RESOLVED that, having considered the report and recommendation dated July 10, 1963, from the Traffic Corr-missions the Council does hereby authorize the installation of a traffic Light, a temporary "U-turn" facility and a "No Left Turn" prohibition at the intersection of 'k'armington Road and Lyndon Road in the City of Livonia, to the extent and the manner described in the letter dated July 9, 1963,as amended and supplemented by the letter dated August 7, 1963,both letters being from Russell 4. Harrison, Engineer of Traffic and Safety for the Wayne County Road Commission, to- gether with the map dated August 6, 1963,from the Board of Wayne County Road Commissioners to the Mayor, and the Council having been advised that the estimated cost of such traffic signal installation is $1,850.00, does hereby approve of the City assuming 50% of the total actual cost of such installation and for this purpose the Council does hereby transfer the sum of $925.00 from the Unallocated Fund to the Road Improvement Account No. 361-23; also the City does hereby agree to pay the monthly electrical energy charges for such installation to the Detroit Edison Company upon completion of the installation, and does also agree to maintain the pro- posed roadway loop upon completion of the installation, it being understood that the County will assume the full cost of maintaining the traffic signal device and also the full cost (estimated $2,000) for constructing the afore- said roadway facility; and the Board of Wayne County Road Commissioners is hereby requested to cause such traffic signal and other such traffic control facilities to be installed in the aforesaid location as soon as is reason- ably possible; and the City Clerk and City Treasurer are herein authorized to do all things reasonably necessary or incidental to the full performance of this resolution; and the City Clerk is requested to send a copy of this resolution to the Board of Wayne County Road Commissioners, 7th floor, City- County Building, Detroit 26, Michigan, to the attention GC Russell E. Harrison,. Engineer of Traffic and Safety. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall. NAYS: None. Page 6179 By Councilman Daugherty, seconded by Councilman McCann, it was #603-63 RESOLVED that, having considered the communication dated July 25, 1963, from Kimberly Oaks Civic Association (tabled by resolution #591-63), the Council does hereby determine and does hereby authorize the Operations Division to sod the boulevard section on Lyndon Avenue from Hubbard Road west to 390 feet west of Brookfield Avenue, and having considered the report dated August 2, 1963, from the Director of Public Works in connection with this matter and for the purpose of covering the cost of such sodding, the Council does hereby transfer the sum of 5335.00 from the Unallocated Fund to Account No. 360-20 (Civic Improvements Account); and the Council does hereby refer the aforesaid letter from the Kimberly Oaks Civic Association, respectively, to the Engineering Division and the Bureau of Inspection, with the request that the Chief City Engineer report to the Council regard- ing Item 5 of subject letter, and that the Chief Building Inspector submit a report to the Council. with respect to Item 6 contained in such letter. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall. NAYS: None, An Ordinance Amending Sections 1, 11, and 34 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 Sections 3.353, 3.354 and 3.355, introduced by Councilman McNamara on July 24, 1963, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman McCann, seconded by Councilman Daugherty and unanimously adopted, it was #604-63 RESOLVED that, the Council does hereby acknowledge receipt of the letter dated July 17, 1963, from John Holmes, 14954 Fairway Drive, Livonia, Michigan, regarding certain drainage problem existing at the aforesaid premises, and the Council further takes this means to inform Mr. Holmes that the Chief City Engineer has been directed to take whatever procedures may be available to correct such situation and to thereafter indicate the proposed disposition of the problem. By Councilman McNamara, seconded by Councilman Daugherty and unanimously adopted, it was Page 6180 #605-63 RESOLVED that, having considered the communication dated July 22, 1963, from the Mechanics at City Garage regarding the awarding of a contract for the mowing of certain areas within public rights-of-way, the Council does hereby take this means to inform the aforesaid City employees that: 1) such Council action was limited so as to provide such services as are required by the City at this time only; 2) such Council action does not establish a policy with respect to such work but only meets the immediate existing needs of the City; and 3) the Council did also ask the Director of Public Works for all available and pertinent information regarding this matter in order that the Council might at a future date determine a standing policy with respect to the future conduct of such program; provided further, the Council takes this means to inform such City employees that it will give due consideration to any and all pertinent information regarding this program which such employees may submit to the Council in connection with the formulation of a standing policy regarding the future conduct of this program. The letter dated July 22, 1963, from Russell L, Parker Realty Company, 18580 Mack Avenue, Grosse Pointe Farms, Michigan, regarding the contemplated ex- tension of the 1-96 Freeway, was received and placed on file for the information of the Council. At 9:28 P. M., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Kleinert, seconded by Councilman McNamara, it was #606-63 RESOLVED that, Sterling Homes, Inc., 17191 Wyoming, Detroit 21, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Denmar Estates Subdivision, a part of the E. 1/4 of Section 8, City of Livonia, Michigan; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of March 1, 1963 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 Depart- ment of Public works under date of July 8, July 10, and July 31, 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 (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; Page 6181 (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improve- ments shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 1)1 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said 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 Improvement Bond of $619,000.00, of which at least $10,000.00 shall be in cash; Sidewalk Improvement Bond of $44,000.00, of which at least $8,800.00 shall be in cash; and until all other inspection fees and other charges due to the City of Livonia have been fully paid; (4) That a tile enclosure with all necessary appurtenances shall be installed -within the 60-foot swale easement shown on the aforesaid plat of a sufficient size (not less than 15" in diameter) and adequate to accommodate all dry weather flow, mcre particularly referred to and described in the aforesaid report dated July 31, 1963 from the .Engineering Division; and that no fence shall be required along said Swale; (5) That the proprietor submit to the City Engineer as-built plans of all improvements installed in the subdivision, on cloth reproducible material; (6) 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman Parks and unanimously adopted, it was #607-63 RESOLVED that, having considered the letter dated August 7, 1963, from McNeely & Lincoln which referred to the deletion of Bennett Avenue in the Denmar Estates Subdivision, the Council does hereby concur in said recommendation and does hereby delete Bennett Avenue between Woodside and Westbrooke Avenues and Park Lane and Joanna Drive in Denmar Estates Sub- division, provided the proprietor does not add any lots to said sub- division on account of said road deletion. Page 6182 The Council departed from the regular order of business to take care of an item on which people were waiting. By Councilman McCann, seconded by Councilman Kleinert, it was #608-63 RESOLVED that,having considered the letter dated August 2, 1963, from the Superintendent of Livonia Public Schools regarding the pressing necessity for a sanitary sewer to service the Frost Junior High School which is scheduled to be completed this fall; having also considered the offer of the Livonia Public Schools to contribute to the cost of providing such sewer facilities; in view of the fact also that the Council has here- tofore authorized the construction of a sanitary s ewer trunk facility in Schoolcraft Road which will extend from Farmington Road west to the City limits; therefore, in order to accommodate the immediate need of the Livonia Public Schools School District, the Council does hereby authorize an agreement between the City of Livonia and the Livonia Public Schools School District providing for the accelerated construction of a sanitary sewer to service the Frost Junior High School, the location of such sewer being generally described as follows: A sanitary sewer outlet running south along jtark Road to Schoolcraft Road,thence east along and adjacent to the north line of Schoolcraft Road to a point approximately 450 feet west of Farmington Road; thence south to approximately the center line of the Schoolcraft Road right-of-way; thence east along such center line to the existing sanitary sewer located in the Schoolcraft Farmington Road intersection, for a total distance of approximately 1500 feet; further, and consistent with the proposal contained in the aforesaid letter from the Livonia Public Schools School District, such agreement shall also provide as follows: 1) That the firm of John E. Hiltz & Associates, Inc., consulting en- gineers, 17201 W. McNichols Road, Detroit 35, Michigan, shall be engaged by the parties for the preparation of preliminary and final engineering and construction plans, drawings and specifications in connection with the construction of the aforesaid sanitary sewers and for providing all other engineering work incidental thereto including inspection, supervision of the project, supervision and advice relative to the awarding of a construction contract, the preparation of easement descriptions which may be necessary for the construction, etc., and for payment to the said engineering firm for such services rendered in connection therewith; the total fee payable to the en- gineering firm shall be consistent with those fees provided in the existing agreement by and between the City of Livonia and the afore- said consulting engineering firm, dated October 30, 1962, relative to engineering services for the so-called Plymouth-Schoolcraft Road sanitary sewer extensions (which agreement was approved by the City Council in its resolution #820-62, adopted on October 2) , 1962), and such fees shall be payable in the time and in the manner as provided therein; Page 6183 (2) That the City of Livonia shall be responsible for obtaining or causing to be obtained all easements and rights-of-way which may be necessary for the construction of the sanitary sewers herein described; (3) That the construction bids received for the project herein authorized shall be submitted by the engineering firm to the City Council and the Livonia School Board and the awarding of a construction contract shall first be approved by both the City Council and the Livonia School Board; (Li.) That the total cost of the sanitary sewer facilities described herein is estimated to be $52,000.00, plus engineering costs and rights-rf-way costs, and that the Livonia Public Schools School District shall assume and contribute the sum of Fifteen Thousand Dollars ($15,000.00) toward the total actual construction cost of the aforesaid project; (5) That the Livonia Public schools School District shall pay to the City of Livonia the aforesaid sum of Fifteen Thousand Dollars ($15,000.00) prior to the awarding of a construction contract for the sanitary sewer facilities authorized herein, which sum shall represent the amount assumed by and contributed by the said School District to the cost of such sanitary sewer facilities and the City of Livonia shall be authorized to use such sum to defray, in part, the costs of such project; (6) Such other provisions and terms and conditions as may be deemed necessary in the interest of the City of Livonia and the Livonia Public ,Jchools School District; provided further, that it being the intention of the City and the School District to accelerate the construction of the sewers described herein, therefore,a certified copy of this resolution together with a certified copy of a resolution duly adopted by the Livonia School Board and con- curring with the terms, conditions and provisions of this resolution shall be and constitute the agreement by and between such parties as previously authorized herein, when such certified resolutions are properly executed by the authorized representatives of the City and the Livonia Public Schools School District; and provided further, that in order to accelerate the construction of the sanitary sewers herein described and upon the consummation of the agreement between the parties as provided for herein, 1) the Department of Law is hereby requested to immediately prepare for execution the engineering service agreement authorized herein; and 2) the firm of John E. Hiltz & A,s:ociates, Inc., is herein authorized to advertise for the receipt of bids by the City of Livonia for the construction of the sanitary sewer facilities herein approved and to thereafter submit such bids to the City Council and the Livonia School Board for their respective approvals prior to the awarding of the construction contract; and the Mayor and City Clerk are herein authorized to do all other things necessary or incidental to the full performance of this resolution. Page 6184 A roll call vote was taken on the foregoing resolution with the following result; AYES: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall. NAYS: None. The following letter dated July 25, 1963, from the Board of Wayne County Road Commissioners, was received and placed on file for the information of the Council: City of Livonia 33001 Five Mile Road Livonia, Michigan Attentions Mrs. Marie W. Clark City Clerk Gentlemen: An audit was made on July 22, 19b3, by Messrs. H. S. Macdonald and F. E. Howell, from our Accounting Department, on sewage disposal service charges collected by the City of Livonia for the period from April, 1960, through December, 1962. The report on the audit, which has been very favorably received by this oifice, indicates that the City of Livonia mater and Sewer Division has satisfactorily reported and remitted all monies due our Board for sewage disposal service charge collections for the period audited. We wish to acknowledge the fine courtesy and cooperation extended to our representatives by Mr. Darald Jennings, Mrs. Ruth Springsteen and other personnel of the Water and Sewer Division, and also to commend those persons and the City of Livonia for the splendid system of records and accounting procedures maintained for the City's Water and Sewer Division. Very truly yours, BOARD OF WAYNE COUNTY ROAD COMMISSIONERS Wm. R. Baers, Chief Accountant By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #609-63 RESOLVED that, the Council does hereby acknowledge receipt of the communication dated May 20, 1963, from the City Planning Commission containing a certified copy of the City Planning Commission's resolution No. 4-67-63, which resolution amends Part V of the Master Plan of the City entitled " Master School & Park Plan" by deleting a certain proposed park site in the N.W. 1/4 of Section 16. By Councilman McCann, seconded by Councilman Kleinert and unanimously adopted, it was Page 6185 #610-63 RESOLVED that, having considered the reports and recommendations dated respectively July 22, 1963, from the Superintendent of Operations Division regarding bids received for two 2-door sedans and one 4-door sedan, the Council does hereby concur in each of such reports; all of such bids so received are hereby rejected and the Director of Public Works is herein authorized to readvertise and receive bids for these items and to there- after submit its report and recommendation in connection therewith to the City Council. By Councilman Kleinert, seconded by Councilman McNamara and unanimously adopted, it was #611-63 RESOLVED that, having considered the communication dated July 25, 1963, from William E. Kurtz, 33200 Schoolcraft Road, Livonia, Michigan, requesting an extension of water service to the Livonia Hills Estates Sub- division, the Council does hereby refer the same to the Water and Sewer Board for its report and recommendation, indicating the feasibility of extending such water service and a method for financing such extension. By Councilman McNamara, seconded by Councilman Kleinert and unanimously adopted, it w^s #612-63 RESOLVED that, having considered the report and recommendation dated July 11, 1963, from the Water and Sewer Board in regard to an ap- plication from Mr. Theodore Bartnick for permission to connect premises at 33700 Ann Arbor Trail, Nankin Township, to the Livonia Water Supply System, the City Council does hereby concur with the recommendation of the Water and Sewer Board and such permission is hereby granted subject, however, to strict compliance on the part of the applicant with all the terms and con- ditions contained in the Water and Sewer Board resolution No. WS 529 6/63, Ordinance No. 396 of the City of Livonia (particularly Section 13 thereof), and the provisions of all other ordinances of the City of Livonia pertaining thereto; and the Assistant Director of Public Works is hereby requested to furnish the applicant with a copy of the said Ordinance No. 396 for his information and reference. By Councilman McCann, seconded by Councilman McNamara, it was #613-63 RESOLVED that, pursuant to the report and recommendation dated July 24, 1963, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of resolution #946-62, adopted on December 27, 1962, so as to reduce the bond for remain- ing improvements in Burton Hollow Woods Subdivision to $39,000.00, of which at least $10,000.00 shall be in cash, to cover the cost of remaining im- provements in said subdivision; and the City Clerk is hereby requested 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: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall. NAYS: None. Page 6186 By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was ##61)1-63 RESOLVED that, having considered the report and recommendation dated July 29, 1963, from the dater and Sewer Board with respect to a certain request received from Mr. and Mrs. John Wheelock of 15205 Shadyside, Livonia, Michigan, and pursuant to such recommendation, the Council does hereby authorize the aforesaid Mr. and Mrs. Wheelock to install a 3/4" copper tubing water line in the Shadyside right-of-way south from Five Mile Road for a distance and to a point necessary in order to furnish water service to the premises of the aforesaid address; provided, however, that this permission is granted on the following understanding and subject to the following c ondi ti ons: 1. that the aforesaid Mr. and Mrs. Wheelock shall assume and stand all costs incident to the construction of such water line including cost of construction; and 2. that at least 24 hours notice shall be given to the Chief City Engineer and the Chief Building Inspector prior to the start of construction and that such installation shall be made in accordance with all City requirements and regulations pertaining thereto and shall also be subject to City inspection; provided further, that the permission contained herein is granted on the understanding that such water line shall be entirely within and under the jurisdiction of the City of Livonia to the extent that the same is located within established public rights-of-way; that the action con- tained herein shall not be construed so as to relieve the al,plicant (or the aforesaid property) of any of the charges and rates established in connection with the Livonia water Supply System. By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #615-63 RESOLVED that, the City Planner is hereby authorized to negotiate for the acquisition of the property and premises situated at 15205 Shady- side, Livonia, Michigan, and to thereafter submit the most reasonable offer for such premises to the Council for its consideration and further action. By Councilman Dooley, seconded by Councilman McNamara, it was RESOLVED that,having considered the letter dated July 23, 19, 3, from the Mayor, the reappointment of Mr. Robert Angevine, 17438 Sunset, Livonia, Michigan, to the City Planning Commission for a term of three years, expiring June 10, 1966, is hereby approved. By Councilman McCann, seconded by Councilman Daugherty, it was #616-63 RESOLVED that, the approval of the reappointment of Mr.Robert Angevine to the City Planning Commission is hereby tabled. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, McCann and Daugherty. NAYS: Dooley, McNamara and Bagnall. The President declared the resolution adopted. Page 6187 By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #617-63 RESOLVED that, the letter dated July 24, 1963, from Lybrand, Ross Bros. and Montgomery, Certified Public Accountants, Book Building, Detroit 26, Michigan, transmitting proposed contracts for auditing ser- vices to the City of Livonia is hereby referred to the Finance Committee for report and recommendation. By Councilman Parks, seconded by Councilman Kleinert, it was #618-63 RESOLVED that, having considered the report and recommendation dated July 25, 1963, from the Chief City Engineer, approved by the Director of Public °°orks, the Council does hereby amend Item No. 3 of resolution #709-58, adopted November 10, 1958, and reaffirmed by resolution #584-61 on August 28, 1961, as subsequently amended by resolution #891-63, so as to reduce the bond for remaining improvements in Castle Gardens Subdivision No. 4 to $30,000.00, to cover the cost of remaining improvements in said subdivision; and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman Parks, it was #619-63 RESOLVED that, having considered the latter dated July 30, 1963, from the Chief City Engineer, approved by the Director of Public Works, and it being the understanding of the Council that the paving of Merriman Road from Joy Road to Schoolcraft Road in the City of Livonia, has been satisfactorily completed in accordance with all City and contract require- ments and specifications, therefore, the City Council does hereby authorize final payment to the Board of Wayne County Road Commissioners of the balance due and owing on a certain contract by and between the Board of Wayne County Road Commissioners and the City of Livonia, dated November 25, 1959, and amendatory agreement dated August 11, 1960, for the paving of Merriman Road from Joy Road to Schoolcraft Road,which final payment is in the amount of $25,274.81, which sum represents the full and complete balance due and ow ing on the said contract, and for the purpose of making the aforesaid payment, the Council does hereby authorize an expenditure of such sum from the remaining funds of the 1960 Motor Vehicle Highway Fund. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall. NAYS: None. By Councilman Dooley, seconded by Councilman Daugherty, it was #620-63 RESOLVED that, having considered the letter and recommendation dated July 30, 1963, from the Department of Law, the Council does hereby Page 6188 authorize the purchase of an owner's title insurance policy covering that property described in a certain land contract dated August 4,1958, by and between the John M. Land Company, a Michigan Corporation, and the City of Livonia, and for this purpose authorizes an expenditure of $195.00 from the Land Acquisition Account of the Budget; further, and consistent with the aforesaid recommendation of the Department of Law, the Council does hereby authorize an expenditure not to exceed $215.00 from the Special Municipal Refuse Account for the purpose of prepaying Parts 12 to 15 of the special assessment for the Middle Rouge Interceptor assessed against the property described in a land contract dated October 15, 1959, by and between the City of Livonia and the Light Weight aggregate Corporation; 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 t=aken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman McCann, it was #621-63 RESOLVED that, having considered the request dated July 31,, 1963, from the City Planner, the Council does hereby transfer the sum of 37.09 from the Budget Account No. 157-6 (Car Allowance) of the City Planning Com- mission to its Budget Account No. 157-1 (Salary Account) for the purpose of permitting the City Planning Commission to retain additional secretarial help as outlined in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result; AYES: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall. NAYS: None. By Councilman Parks, seconded by Councilman Daugherty and unanimously adopted, it was #622-63 RESOLVED that, having considered the letter dated July 30, 1963, from the l"iichigan Liquor Control Commission, the City Council hereby takes this means to inform the Michigan Liquor Control Commission that it did previously approve, above all others, of a request from Walter J. M-1halak and Doris M. Mahalak, 9952 Basset Avenue, Livonia, Michigan, for a new full year Class C license (cf. council resolutions #866-61 adopted on December 4, 1961 and #876-62 adopted on November 21, 1962), and takes this means to inform the Michigan Liquor Control Commission that the property located at 30411 Plymouth Road, Livonia, Michigan, is presently zoned C-2 and may be used under existing zoning regulations for any commercial use including the operation of a Class C licensed business; and the City Clerk is hereby re- quested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman McNamara, seconded by Councilman Dooley, it was RESOLVED that, having considered the letter dated July 23, 1963, Page 6189 from the Mayor, the Council does hereby approve of and concur with the ap- L pointment of Mr. Donald E. Heusted, 19350 Ingram, Livonia, Michigan, to the City Planning Commission for a three-year term expiring June 10, 1966, to fill the vacancy created by the death of Mr. James Watson, Jr. By Councilman McCann, seconded by Councilman Daugherty, it was #623-63 RESOLVED that, approval of the appointment of Mr. Donald E. Heusted to the City Planning Commission is hereby tabled. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, McCann, Daugherty and Bagnall. NAYS: Dooley and McNamara. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #624-63 RESOLVED that,having considered the communication dated July 15, 1963, from the Michigan Liquor Control Commission, and the report of the Director of Public Safety, dated August 2, 1963, in connection therewith, the Council does hereby approve of a request from Allied Supermarkets, Inc., for a new S] 4 license to be located at 13507 Middlebelt Road, Livonia, Michigan. By Councilman Daugherty, seconded by Councilman Parks, it was #625-63 RESOLVED that, having considered the request and re commendation dated August 5, 1963, from the Director of Public safety, the Council does hereby transfer the sum of $179.14 from Police Department Account No. 175-28 (Training) to Police Department Account No. 175-70 (Capital Outlay) to permit the construction of a trophy case to house awards received by the Livonia Police Department over the past several years in pistol and game competition throughout the State. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman Dooley and unanimously adopted, it was #626-63 RESOLVED that, the Mayor be and hereby is authorized to appoint a temporary committee to be known as the 'tLivonia Beautiful's Committees not to exceed ten (10) members, in order that such temporary committee may cooperate with comparable committees in Wayne County, pending further study of this matter and possible enactment of an ordinance. Page 6190 By Councilman McNamara, seconded by Councilman McCann, it was #627-63 RESOLVED that, having considered the letter dated August 7, 1963, from the Department of Law, the Council having heretofore awarded a construction contract for the pavement of Levan Road between Schoolcraft and Five Mile Roads and in reference to the Irrevocable Commercial Letter of Credit No. 5936, dated June 21, 1962 (Manufacturers National Bank of Detroit ), which Letter opens a credit in favor of the City of Livonia for the sum of Twenty Thousand ($20,000.00) Dollars, for the purpose of defray- ing the cost of the aforesaid improvement, the Council does hereby authorize the City Clerk to prepare and execute for and on behalf of the City of Livonia a draft (at sight) on the Manufacturers National Bank of Detroit for payment of the sum of Twenty Thousand ($20,000.00) Dollars under the credit established in the aforesaid Letter of Credit and to do all other things necessary or incidental to the full performance of this resolution, and in order to have the aforesaid sum paid over to the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Dooley, McNamara, McCann, Daugherty and Bagnall. NAYS: Kleinert. The President declared the resolution adopted. Councilman Daugherty introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY CF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY CF LIVOI'?IA, BY ADDING THERETO SECTION 3.356. THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission dated May 21, 1963, on Petition No. Z-583, 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 3.356. Petition No. Z-583,subaiitted by Doyle Tippett, John and Sigrid Pasanen a nd Gerald W. Glass and Maxine Glass, is hereby granted and the zoning classification of the premises herein- after described is hereby changed from RUFB to R-3 as requested in said petition: The South 537.03 feet of Lots 202, 203, 204c and 205c, Supervisor's Livonia Plat No. 2, as recorded in Liber 66, Page 1, Wayne County Records, said plat being a part of the S. 5/8 of the N.E. 1/L1 and the E. 1/2 of the N. 3/8 of the N.E. 1/4 of Section 33, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; Page 6191 and the Northeast 1/)4 of Section 33 of the Zoning Map is hereby amended to conform to the change made in this section. L Section 3. The attached map designated "Amendment No. 111 of the Zoning Map of the City of Livonia," showing all of the amendments and changes made in the foregoing 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 necessary to give this ordinance full force and effect. Section 5. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of 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 Parks and unanimously adopted, it was #628-63 RESOLVED that, the letter dated August 6, 1963, from the industrial Development Commission, regarding the development of an L industrial road in the City of Livonia, is hereby referred to a Committee of the Whole meeting to be called by the President of the Council. The following resolution was unanimously introduced, supported and adopted by the Council: #629-63 RESOLVED that, we, the members of this Council of the City of Livonia, on this 7th day of August, 1963, do Hereby take this occasion of this 1418th regular meeting of the Council to express our individual and our joint appreciation of the efforts put forth, the ability evidenced, and the dedication of Mr. Charles Pinto to the service of the people of the City of Livonia; Mr. Pinto probably more than any other person has assisted this Council in its work; and this Council, being fully cognizant of the difficulties inherent in the office of first Assistant City Attorney, wishes to commend Mr. Pinto fcr the exemplary work done; further, the Council wishes to take this opportunity to express sincere wishes for a successful and satisfying career now being undertaken by Mr. Pinto. On motion of Councilman ileinert, seconded by Councilman McCann and unanimously adoptedL , this )418th regular meeting of the Council of the City of Livonia was duly adjourned at 10:55 P. M., August 7, 1963. - ,,,) i i, , ' ,_ 6, - - (`_ _, L Marie Clark, City Clerk