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HomeMy WebLinkAboutCOUNCIL MINUTES 1964-01-15 Page 6386 MINUTES OF THE FOUR HUNDRED THIRTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 15, 19640 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 8:17 P. M. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present-- *Sydney B. Bagnall, William E. Parks, Rudolf R. Kleinert, John F. Dooley and Edward H. McNamara. Absent-- *John T. Daugherty and *James R. McCann. Elected and appointed officials presents Marie W. Clark, City Clerk; Juanita Hillas, Deputy City Clerk; Alan Walt, City Attorney; Milton I. Firestone, Assistant City Attorney; Robert A. Shaw, Director of Public Works; Daniel R. Andrew, Industrial Coordinator; Thomas J. Griffiths, Jr., Chief Accountant; Carl Demek, Superintendent, Operations Division; William J. Strasser, Chief City Engineer, David L. Jones, Water and Sewer Commissioner; Victor C. Phillips, Budget Director; David R. McCullough, City Planner; John T.Dufour, Superintendent, Parks and Recreation; Milton R. Holley, City Assessor; Addison W. Bacon, Director of Public Safety; Thomas Heap, Zoning Board of Appeals; and Robert Angevine, City Planning Commission. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #14-64 RESOLVED that, the minutes of the 435th regular meeting of the Council of the City of Livonia held January 8, 1964, are hereby approved. *Councilman James R. McCann arrived at 8:20 P. M. By Councilman McNamara, seconded by Councilman Kleinert, it was #15-64 RESOLVED that, having considered the report and recommendations dated January 8, 1964, from the Capital Improvement Committee, and having also considered the report dated January 9, 1964, of the Department of Law, (resolution #967-63); and having further considered a proposition pertaining to the development of a golf course and park site of approximately One Hundred Thirty (130) acres of land at the Southeast corner of Newburgh Road and Eight Mile Road as suggested in letters dated November 22nd and 27th, 1963, from the Parks and Recreation Commission, the Council does hereby agree in principle to the acquisition of said property for the purposes as Page 6387 proposed, subject to mutually agreeable financing terms being arranged be- tween the present owners and the City; AND BE TT FURTHER RESOLVED that, Item No. 2 of resolution #967-63, is revised as follows: "that the Department of Law is hereby authorized to negotiate for the acgiisition of said property by means of a land contract purchase over a thirty (30) year period with annual interest payments only the first three (3) years, and then annual payments on principal and interest to complete the transaction;" AND BE IT FURTHER RESOLVED that, the Department of Law is requested to prepare all necessary resolutions, ordinances, and/or other procedures as required, prior to issuance and sale of revenue bonds not to exceed the amount of $200,000.00, payable over a ten (10) year period, with payment of interest and principal on such bonds to be secured only from revenues accruing from activities developed and operated on the proposed golf course and adjacent facilities; AND BE IT FURTHER RESOLVED that, the Department of Law is requested to furnish the Council with the assessed valuation of said properties; AND BE IT FURTHER RESOLVED that, the Parks and Recreation Commission is hereby requested to prepare a proposed budget for placing of proposed facilities in operating condition and the operation and maintenance of said facilities for the period beginning with acquisition through November 30, 1965; AND BE IT FURTHER RESOLVED that, all information and other matters pertaining to this subject be referred to the Council as expeditiously as possible with the intent that the facilities are to be secured and placed in operation during the current fiscal year. A roll call vote was taken on the foregoing resolution with the following result: AYES; Kleinert, Dooley, McNamara, McCann, Parks and Bagnall. NAYS: None. By Councilman Parks, seconded by Councilman McNamara and unanimously adopted, it was #16-64 RESOLVED that, having considered the report and recommendations dated January 8, 19614, of the Water and Sewer Committee, referred by resolu- tion #50-63, the Council does hereby request the Engineering Division to review the list of projects submitted with its report of November 5, 1962, and select whatever projects may be applicable under Federal Public Works Acceleration Act for which it shall prepare appropriate application papers for submission to the Council for its consideration. By Councilman Parks, seconded by Councilman Kleinert, it was #17-64 RESOLVED that, having considered the report and recommendations dated January 8, 1961, of the Water and Sewer Committee, referred by Page 6388 resolution #922-63, the Council does hereby accept the re commendations of the Engineering Division in its report dated December 2, 1963, and the De- partment of Public Works is hereby instructed to proceed with the cleaning out of the Bell and Blue Drains as part of their immediate ditch clean-up program; the Council having been advised that planning for the Bell Drain, Blue Drain and Livonia Drain No. 2 Extension has been approved for federal aid under Project No. P-Mich-3090. *Councilman John T. Daugherty arrived at 8:25 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, *Daugherty, Parks and Bagnall. NAYS: None. *Councilman Daugherty abstained from voting which is recorded as a nes" vote under the provisions of Ordinance No. 27, as amended, Section 19. The President declared the resolution adopted. By Councilman Parks, seconded by Councilman McNamara and unanimously adopted, it was #18-64 RESOLVED that, the Water and Sewer Committee having considered the communication dated May 18, 1962, from the Budget Director, submitted pursuant to resolution #554-62, regarding the Review of Sewer Rate Study, such correspondence is received and filed for the information of the Council. By Councilman Parks, seconded by Councilman Dooley, it was #19-64 RESOLVED that, having considered the report dated January 8, 19614 of the Water and Sewer Committee, concerning Engineering Division report of Livonia Drain No. 11 (Patter Drain), pursuant to resolution #913-63, the Council does hereby rescind resolution #571-61 and all proceedings thereunder are hereby abandoned; and the City Clerk is requested to send a certified copy of this resolution to Mr. Henry V. Herrick, Wayne County Drain Commissioner, and to the law firm of Miller, Canfield, Paddock and Stone. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Parks and Bagnall. NAYS: Daugherty. The President declared the resolution adopted. The following preamble and resolution were offered by Councilman Parks and supported by Councilman Kleinert: Page 6389 #20-614 WHEREAS, it is necessary to locate, establish and construct a County Drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: An open drain and an enclosed drain together with necessary appurtenances, the location and route of said drain to be as follows: Beginning in the Bell Creek at the point of beginning of the established Patter Drain, thence an open drain following the route of the established Patter Drain to a point approximately 80 feet North of the centerline of Five Mile Road, thence an enclosed drain southerly across Five Mile Road and southerly adjacent to the West line of Koloff's Greenbrier Meadows Sub- division and Koloff's Greenbriar Meadows Subdivision No. 2 and Koloff's Greenbrier Meadows Subdivision No. 3, a distance of approximately 2800 feet to Lyndon Avenue, thence an open drain westerly along Lyndon Avenue approximately 100 feet to the established Patter Drain in the City of Livonia, Wayne County, Michigan, T. 1 S., R. 9 E. AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for public health, the State of Michi- gan for drainage of State highways, and the County of Wayne for drainage of County highways; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire coat of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 1486 of the said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Sec. 1486. The terms of this chapter shall be ap- plicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for anion behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of ct 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the pre- amble hereof, and does hereby consent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act 140, Public Acta of Michigan, 1956, as amended. Page 6390 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing and constructing of the drain set f orth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Parks and Bagnall. NAYS: Daugherty. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Parks and unanimously adopted, it was #21-64 RESOLVED that, having considered the report of the Department of Law pursuant to resolution #910-63, regarding proposed library sites in Rosedale Gardens Subdivision No. 9; and having considered a camnunication dated January 8, 1964, from the Library Commission; and having on its own motion considered the advisability of other sites, the Council hereby requests the Department of Law to furnish information relative to the availability of a site adjoining City-owned property on Merriman Road in the Northwest 1/4 of' Section 35, including the sales price at which the same may be obtained in the negotiation with the owners and the present assessed valuation placed on the same; and to furnish the same information as detailed relative to the property described in the canmunication from the Library Commission dated January 8, 1964. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #22-64 RESOLVED that, having considered the recommendation of the City Planning Commission pursuant to resolution #878-63, (tabling to this meet- ing), regarding Petition No. 1-605 of Samuel L. Winternitz & Co., for change of zoning in Section 2 from RUFB to M-1, and having considered the request of the petitioner, by his attorney James E. Mies, the Council does hereby refer the same petition back to the City Planning Commission in order that the parties who are presently interested in developing the property involved, plus certain adjacent property, may have an opportunity to completely explore the contemplated development. By Councilman McNamara, seconded by Councilman Parks and unanimously adopted, it was #23-64 RESOLVED that, having considered the report and recommendation dated November 1, 1963, of the Chief City Engineer, concerning a requested Page 6391 subdivision bond release for Har-Lo Subdivision, tabled to this meeting by resolution #883-63; and having considered the report dated December 26, 1963, from the Chief City Engineer concerning the requested bond release for Sunset Park Subdivision, the Council does hereby refer the same to the Streets, Roads and Plats Committee for its report and recommendations. The letter dated December 6, 1963, from the Parks and Recreation Commission submitted pursuant to resolution #635-63, regarding Park sites, was received and placed on file for the information of the Council. The President relinquished the chair to the Vice President at 9:06 P. M. By Councilman Bagnall, seconded by Councilman Dooley and unanimously adopted, it was resolved that #24-64 WHEREAS, the new State Constitution which became effective January 1, 1964, provides local municipalities with new methods of obtain- ing revenue other than additional mi11e or income tax; AND WHEREAS, the growth of the City of Livonia is such as to require other sources of revenue in order to adequately provide the citizens of Livonia with additional facilities requiring capital expenditure and ad- ditional services which cannot be provided by present revenue received by the City; NOW, THEREFORE, BE IT RESOLVED that, consideration be given by the Council to the adoption of an ordinance charging a Land Transfer Fee, and that revenue from such fee to be earmarked on a ratio basis for the following suggested purposes: (a) Acquisition of park sites as recommended by the Parks and Recreation Commission, (b) A Specific program of financial assistance to encourage industrial development, (c) A supplementation of Police and Fire department budgets in order to provide more adequate protection; and BE IT FURTHER RESOLVED that, this matter be referred to the Finance Committee of the Council for its consideration and ultimate report and recommendation. The President resumed the chair at 9:12 P. M. The letters from Miller, Canfield, Paddock & atone and Kenower, MacArthur and Company, regarding meetings for sanitary sewer bonding projects, submitted pur- suant to resolution #925-63, were received and placed on file for the information of the Council. Page 6392 By Councilman Kleinert, seconded by Councilman McCann, it was #25-64 RESOLVED that, having considered the petition received October 29, 1963, and other correspondence from residents of Buckingham Village Sub- division, to correct backyard floodings and having considered the report dated November 12, 1963 (pursuant to resolution #885-63), from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby authorize the Department of Public Works to supply labor and equip- ment in Buckingham Village Subdivision in the City of Livonia to correct backyard flooding for individual home owners therein, where requested by such home owners, and provided such home owner supplies materials or suf- ficient funds for materials necessary therefor; said work to be carried out in a manner approved by the Engineering Division. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. At 9:13 P. M., a recess was called, after which the meeting resumed with all Councilmen present except Councilman Bagnall who was excused for the balance of the meeting; the Vice President presiding. By Councilman Daugherty, seconded by Councilman Dooley and unanimously adopted, it was #26-64 RESOLVED that, having considered the report dated December 26, 1963, from the Chief City ngineer, approved by the Director of Public Works, and approved for submission by the Mayor, pursuant to resolutions #904-63 and #926-63, the Council does hereby refer the same to the Water and Sewer Committee of the Council for its report and recommendation. By Councilman McCann, seconded by Councilman Kleinert, it was #27-61. RESOLVED that, having considered the agreement between the Housing and Home Finance Administrator and the City of Livonia (Project No.P-Mich- 3090 for final planning of an extension to the Livonia Drain No. 2 Storm Sewer), authorized by resolution #805-63, the Council does hereby authorize the establishment of a bank account in the National Bank of Detroit to be entitled "City of Livonia Plan Preparation Account PMich-3090" and for the purpose of establishing the account, the Council does hereby authorize the City Treasurer to expend the sum of $1.00 from the Treasurer's Miscellaneous account, and the City Treasurer and City Clerk are hereby authorized to do all things necessary to carry out this resolution; and the City Treasurer is requested to send a certification in letter form that the account has been opened in the National Bank of Detroit to the Housing and Home Finance Agency, 306 North Michigan Avenue, Chicago, Illinois, to the attention of J. P. Harris, Regional Director, Community Facilities. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McCann, Daigherty, Parks and McNamara. NAYS: None. Page 6393 The letter dated December 16, 1963, from the Department of Law regarding Grade Separations on Middlebelt and Farmington Roads at the C & 0 crossings, sub- mitted pursuant to resolution #381-63, was received and filed for the information of the Council. An Ordinance Amending Section 1 of the Zoning Map of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, by Adding Thereto Section 3.371 (Petition Z-612), introduced on January 8, 1964, by Councilman McNamara, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, Dooley, McCann, Daugherty, Parks and McNamara. NAYS: None. The Vice President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Parks, seconded by Councilman Dooley, it was #28-64 RESOLVED that, having considered the report and recommendation dated December 18, 1963, from the City Planning Commission with regard to Petition No. V-76, submitted by Addison Bacon, for vacating the 10 foot wide public walkway easement adjacent to lots 31 and 32 in Fairway Farms Subdivision, situated in the Southeast 1/4 of Section 17, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, the Council does hereby grant the said Petition and Petition No. V-76 is hereby approved subject, however, to a conveyance of the right-of-way for public purposes over the land to be vacated prior to publishing vacation, and the Department of Law is requested to prepare the necessary vacating ordinance in accordance with this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McCann, Daugherty, Parks and McNamara. NAYS: Kleinert. The Vice President declared thesesolution adopted. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #29-64 RESOLVED that, having considered the report and recommendation dated December 19, 1963, from the City Planning Commission, with regard to Petition No. V-77, submitted by Richard Lochridge for Lynch & Skinner, for Page 6394 vacating of a portion of Beatrice Avenue located 112 feet North of Linda Avenue on Beatrice Avenue in the B.E. Taylor's Green Acres Subdivision, situated in the North 1/2 of Section 23, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, the Council does hereby grant the said petition and Petition No. V-77 is hereby approved, it appearing to the Council that this land was once intended to be a cul-de-sac but the street has since been continued and is therefore no longer needed, and the Department of Law is instructed to prepare the necessary vacating ordinance in accordance with this resolution. By Councilman Parks, seconded by Councilman Daugherty, it was #30-64 RESOLVED that, having considered the report dated December 19, 1963, of the City Planning Commission, concerning Petition 1-610,submitted by K & L Development Corporation concerning property located approximately 21150 feet East of Newburgh Road and immediately West of Golf view Meadows Subdivision in the Northeast 1/14 of Section 17, from R-L-A to R-M, and the Council having heard from the petitioner by its attorney, Rodney C. Kropf, and representations having been made thereon; the Council does hereby ap- prove the petition incorporating therein by reference a plat of McNeely and Lincoln, Inc., identified by signature of the Council President pro tem, E. H. McNamara, dated January 8, 1964; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared in- dicating 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. A roll call vote was taken on the foregoing resolution with the following results AYES: Kleinert, McCann, Daugherty, Parks and McNamara. NAYS: Dooley. The Vice President declared the resolution adopted. By Councilman Parks, seconded by Councilman Dooley and unanimously adopted, it was #31-61i RESOLVED that, having considered the report and recommendation dated December 12, 1963, from the City Planning Commission in regard to Petition No. 1-613, submitted by William Ponder for Elmdale, Inc., for change of zoning in the Southwest 1/14 of Section 13 from R-lA to R-3, the Council does hereby reject the recommendation of the City Planning Com- mission and the said Petition No. 7,613 is hereby approved and granted; and the City Planner is instructed to cause 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 and unanimously adopted, it was Page 6395 #32-614 RESOLVED that, having considered the report and recommendation dated December 19, 1963, from the City Planning Commission in regard to Petition 1-6161 initiated by the City Planning Commission on its own motion for change of zoning in the Southwest 1/14 of Section 26 and the Southeast 1/4 of Section 27, from RUFB to M-1, the Council does hereby concur with the recommendation of the City Planning Commission and the City Planner is hereby instructed to cause the necessary map for publication to be pre- pared 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 Dooley, seconded by Councilman Kleinert and unanimously adopted, it was #33-64 RESOLVED that, having considered the report and recommendation dated December 13, 1963, of the City Planning Commission in regard to Petition 1-617, initiated by the City Planning Commission on its own motion, for change of zoning in Sections 28, 29 and 30 from RUFB to M-1, the Council does hereby deny Petition Z-617 and does hereby refer the same back to the City Planning Commission for the following reasons: (1) Consideration should be given to the elimination of the 150-foot set-back provided for in said recommendation; and (2) Subdivisions with recorded deeds restricting the use thereof should be excluded from M-1 zoning. Councilman Dooley made the following statement for the record: "My vote on the foregoing resolution is not intended as an expression of opposition to the rezoning of the land involved because I favor the rezoning of the land to industrial zoning; however, I am opposed to rezoning citizen's land in such a fashion as you rezone a major portion thereof and leave the citizen with 150 feet at its old zoning classifi- cation. If the citizen's land is to be rezoned, I firmly believe that his entire parcel should be rezoned and that he should not be left with 150 feet facing a major highway. In addition to that, I think that inadequate consideration has been given to the matter of use restrictions which might affect the property in question here and I believe a report should be submitted to the Council by the Planning Commission concerning what, if any, use restrictions affect the property involved in the rezoning petition." By Councilman Kleinert, seconded by Councilman Daugherty, it was resolved that Page 6396 #3L1-611 WHEREAS, City of Livonia (herein called the "Applicant") after thorough consideration of the various aspects of the problem and study of available data has heretj determined that the construction of certain public works, generally described as a trunk storm sewer along Farmington Road from the Middle Rouge Park Site in the vicinity of Joy Road and Nankin Mills, northerly to Plymouth Road, thence westerly approximately one mile, is desirable and in the public interest and to that end it is necessary that action preliminary to the construction of said works be taken immediately; and WHEREAS, under the terms of Public Law 560, 83rd Congress, as amended, the United States of Ave rica has authorized the making of advances to public bodies to aid in financing the cost of engineering and architec- tural surveys, designs, plans, working drawings, specifications or other action preliminary to and in preparation for the construction of public works; and WHEREAS, the applicant has examined and duly considered such act and the applicant considers it to be in the public interest and to its benefit to file an application under said act and to authorize other action in connection therewith; NOW, THEREFORE, BE TT RESOLVED by the Council of the City of Livonia, the governing body of said applicant, as follows: (1) That the construction of said public works is essential to and is to the best interests of the applicant, and to the end that such public works may be provided as promptly as practicable it ,,. is desirable that action preliminary to the construction thereof be undertaken immediately; (2) That William J. Strasser, Chief City Engineer, be hereby authorized tofile in behalf of the applicant an application (in form required by the United States and in conformity with said act) for an advance to be made by the United States to the applicant to aid in defraying the cost of plan preparation for the above described public works, which shall consist generally of a trunk storm sewer along Farmington Road from the Middle Rouge Park Site in the vicinity of Joy Road and Nankin Mills, northerly to PlymouthRoad; thence westerly approximately one mile. (3) That if such advance be made, the applicant shall provide or make necessary arrangements to provide such funds, in addition to the advance, as may be required to defray the cost of the plan preparation of such public works; (Li) That said William J. Strasser, Chief City Engineer, is hereby authorized to furnish such information and take such action as may be necessary to enable the applicant to qualify for the advance; Lim (5) That the officer designated in the preceding paragraph is hereby designated as the authorized representative of the applicant for the purpose of furnishing to the United States such information, Page 6397 data, and documents pertaining to the application for an advance as may be required; and otherwise to act as the authorized representative of the applicant in connection with this applica- tion. (6) That certified copies of this resolution be included as part of the application for an advance to be submitted to the United States. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McCann, Daugherty, Parks and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #35-64 RESOLVED that, having considered the report dated January 3, 1964, from the Chief City Engineer, approved by the Director of Public Works, regarding industrial road improvements in the North 1/2 of Section 26, the Council does hereby refer the same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman McCann, seconded by Councilman Kleinert and unanimously adopted, it was #36-64 RESOLVED that, having considered the resolution of the Civil Service Commission in a communication dated Decembef' 10, 1963, from the Personnel Director, regarding the salary grade for classification of Fire Apparatus Mechanic, the Council does hereby refer the same to the Director of Public Safety for his report and recommendation. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #37-64 RESOLVED that, having considered the communication dated Decem- ber 10, 1963, from Binder and Lark Building Company, by James D. Lark, for permission to retain a subdivision sign presently located in the right- of-way in the Southwest corner of Yale and Five Mile Road, in the City of Livonia, the Council does hereby authorize Binder and Lark Building Company, 20203 Brentwood, Livonia, Michigan, to retain such sign as presently located for the reason of hardship as shown to the Council;provided that said authorization shall not be transferable, shall not extend beyond eighteen (18) months from the effective date hereof, and Binder and Lark Building Company will assume any and all liability incurred from such use. By Councilman Parks, seconded by Councilman Kleinert and unanimously adopted, it was Page 6398 #38-64 RESOLVED that, having considered the report and recommendation dated December 13, 1963, from the Water and Sewer Commissioner, approved by the Director of Public Works and approved for submission by the Mayor, concerning Water Department Study, water rates, connection charges and bond requirements, the Council does hereby request the Michigan Advisory Council to verify the financial study and does hereby request the Water and Sewer Commissioner and the City Clerk to do all things necessary to carry out this resolution into effect. The following resolution has to do with the lengthening and widening of Farmington Road between Plymouth and Eight Mile Roads, scheduled for completion in 1964,65. By Councilman McCann, seconded by Councilman Dooley, it was #39-64 RESOLVED that, the City of Livonia enter into an agreement with the Board of County Road Coinnussioners 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 thereof; BE IT FURTHER RESOLVED that, the Mayor and the City Clerk be and the same are hereby authorized to execute the foregoing agreement for and Lipon behalf of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McCann, Daugherty, Parks and McNamara. NAYS: None. The following resolution has to do with the widening and improving of Merriman Road between Schoolcraft and Eight Mile Roads, scheduled for completion in 1964.65. By Councilman Parks, seconded by Councilman McCann, it was #40-64 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 Merriman Road between Schoolcraft Road and 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 the 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: Kleinert, Dooley, McCann, Daugherty, Parks and McNamara. NAYS: None. Page 6399 By Councilman McCann, seconded by Councilman Kleinert and unanimously 1:11 adopted, it was #41-64 RESOLVED that, having considered the communication dated Janu- ary 2, 19611, from the Department of Law in regard to Grants of Easement obtained in connection with the proposed Newburgh Road (1963 Water Main Extension Program), the Council does hereby accept for and on behalf of the City of Livonia, Grants of Easement from the following persons: (1) Charles Lute, a single man; (2) William S. Lute and Mary R. Lute, his wife; (3) Charles H. Lute and Viola P. Lute, his wife. By Councilman Parks, seconded by Councilman Kleinert, it was #42-64 RESOLVED that, having considered the report and recommendation dated December 9, 1963, from the Superintendent of Operations Division, approved by the Director of Public Works, in regard to bids received for blades, the Council does hereby accept the following respective bids for such material: (1) The bid of Shults Equipment Sales,P. 0. Box 158, Ithaca, Michigan, for the following materials to be supplied to the City of Livonia at the following prices: Grader Blades - Straight 5'8" x 6" x 6' 6.90 5'8" x 6" x 7' 8.05 518" x 6" x 10' 11.50 Underblades - Straight 1/2" x 6" x 10' Root 9.60 1/2" x 6" x 10' Hydro 9.60 arra the Council does hereby accept such bids in lieu of the low bid for the reasons outlined in the aforementioned report and recommendation to the extent that they are not the low bid; (2) The bid of W. E. Phillips Equipment Co., 22800 W. Eight Mile, South- field, Michigan, for the following materials to be supplied to the City of Livonia and at the following prices: Grader Blades-Serrated 518" x 6" x 6' 9.90 518" x 6" x 7' 11.88 518" x6" x10' 18,70 Maintainer Blades 1/2" x 8" x 48" 6.60 1/2" x 8" x 60" 9.90 1/2" x 8" x 132" 18.15 Snow Plow Blades 1/2" x 6" x 9' Good Roads 10.89 1/2" x 6" x 9' Root 10.89 Under Blades-Serrated 1/2" x 6" x 10' Root 12.10 1/2" x 6" x 10' Hydro 12.10 Plow Bolts 5/8" x 2" .22 ea. Page 6400 and the Council does hereby accept such bids in lieu of low bid for the reasons outlined in the aforementioned report and recommendation to the extent that they are not the low bid. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McCann, Daugherty, Parks and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #43-64 RESOLVED that, having considered the report and recommendations dated December 16, 1963, from the Superintendent of Operations Division, approved by the Director of Public Works, the Council does hereby accept the bid of Macomb-Oakland Supply Co., 12300 Inkster Road, Detroit 29, Michigan, for supplying the City with concrete pipe for a total price of $8,773.30, delivered as required, at terms 2% 10th prox., such having been in fact the lowest total bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McCann, Daugherty, Parks and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Kleinert, it was #44-64 RESOLVED that, having considered the report and recommendations dated December 9, 1963, from the Superintendent of Operations Division, approved by the Director of Public Works, the Council does hereby accept the following bids for supplying the City with Calcium Chloride: (1) Michigan Chemical Corporation, Saint Louis, Michigan 26% delivered 0 .0308/gal. 38% spread ® .067 /gal. and the Council does hereby accept such bids, such having been in fact the lowest bid received for these items; (2) Dow Chemical Company, Midland, Michigan Flake - bulk ® 33.40/ton Flake - 100 lb.bags ® 39.40/ton such having been in fact the lowest and only bid received for these items; (3) Approximately 50% of the City's requirement of 38% delivered at .057/gal, from each of the following: Dow Chemical Company, 600 Northland Towers, P.O. Box 5000, Detroit Michigan and Michiganemnical Corporation, Saint Louis, Michigan, such having been in fact the lowest and only bids received for this item. Page 6401 A roll call vote was taken on the foregoing resolution with the following results AYES: Kleinert, Dooley, McCann, Daugherty, Parks and McNamara. NAYS: None. The letter dated January 6, 1964, from Samuel I. Clark, Proprietor of Modern Squares, 36728 West Seven Mile Road, Livonia, addressed to the Superintendent of the Parks and Recreation Department, regarding services and duties of Square Dance Supervisor for the City, was received and filed for the information of the Council. By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #45-64 RESOLVED that, having considered the communications from the Department of Law as follows: (1) dated December 16, 1963, regarding proposed Noxious Weed and Refuse Ordinance; (2) dated December 16, 1963, regarding a proposed Uniform Housing Code (resolution #180-63); (3) dated December 19, 1963, regarding proposed amendment to Section 4.45 of Ordinance No. 60 - precast walls (resolution #654-63); (4) dated December 20, 1963, regarding speed limit changes on certain roads (resolution #832-63); and (5) dated December 30, 1963, regarding proposed amendment to Or- dinance No. 145; the Council does hereby refer the same to the Legislative Committee for its reports and recommendations. By Councilman McCann, seconded by Councilman Daugherty and unanimously adopted, it was #46-64 RESOLVED that, having considered the report and recommendation dated January 7,1964, from the City Assessor, regarding depreciation schedules for certain property, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. The Water and Sewer Board resolution WS 583 11/63, regarding amendments to the contract between John E. Hiltz & Associates, Inc., the Wayne County Road Com- mission and the City of Livonia, was received and filed for the information of the Council. Page 6402 The communication dated January 1, 1964, from the Zoning Board of Appeals and the letter dated January 8, 1964, from the Department of Law, regarding legal matters of the Zoning Board of Appeals, were received and filed for the information of the Council. By Councilman Dooley, seconded by Councilman Kleinert, it was #47-64 RESOLVED that, having considered resolution WS 590 12/63, of the Water and Sewer Board, concerning sanitary sewer fee for the sewer installed at 34110 Plymouth Road,Livonia, Michigan, communicated by letter dated January 6, 1964, from the Board Chairman, approved for submission by the Mayor, the Council does hereby concur with said recommendation, it appearing to the Council that said sanitary sewer has already been dedicated to the City and the Council does hereby approve a refund of excess fees in the amount of $515.00 to A. F. Broccoli, Builder,this being the difference of money in the regular tap fee and the developer's rate, and the City Clerk and City Treasurer are authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following results AYES: Kleinert, Dooley, McCann, Daugherty, Parks and McNamara. NAYS: None. By Councilman Dooley, seconded by Councilman Kleinert and unanimously adopted, it was #48-64 RESOLVED that, having considered the request of Mr. Alfred B. Hyde, Financial Secretary of Local #262, UAW-CIO, dated January 9, 1964, to place a voting tent opposite the Chevrolet Spring and Bumper Plant gate on Amrhe in Road for the purpose of conducting an election to be held on January 30, 1964, the Council does hereby approve said request provided that Local #262, UAW-CIO will assume any and all liabilities incurred from such use. Councilman Dooley introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 30 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 OF LIVONIA, BY ADDING THERETO SECTION 3.372. THE CITY CF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission dated December 13, 1963, on Petition No. 1.-621, 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. Page 6403 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 sections L Section 3.372. Petition No. Z-621,submitted by George Schmidt, et al, is hereby granted and the zoning classification of the premises hereinafter described is hereby changed from RUFB to M-2 as requested in said petitions Commencing at the Center Corner of Section 30, T. 1 S., R. 9 E., City of Livonia, Wayne `'ounty, Michigan, running thence due South along the north and south 1/4 line of said Section, a distance of 446.28 feet for a point of beginning; Thence continuing due South along said north and south 1/4 line 1127.30 feet; thence along the center line of Plymouth Road N. 740 34' 20" W., 735.84 feet; thence N. 00 13' 35" E. 933.32 feet; thence S. 890 51' 24" E., 705.64 feet to the point of beginning, contain- ing 16.73787 acres of land more or less. (Parcel 30L-2) Beginning at the Center Corner of Section 30, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, running thence due South along the north and south 1/4 'ine of said Section, a distance of 446.28 feet; thence N. 89° 51' 24" W., 1003.95 feet; thence N. 00 08' 52" E., 447.56 feet; thence along the east and west 1/4 line of said Section 30, S. 89° 47' 00" E., 1002.80 feet to the point of beginning; containing 10,29450 acres of land more or less. (Parcel 30J) Commencing at the West 1/4 corner of Section 30, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, running thence S. 890 47' 00" E. along the east and west 1/4 line of said Section, a distance of 831.12 feet for a point of beginning; thence continuing S. 89° 47' 00" E., along said east and west 1/4 line 740.28 feet; thence S. 0° 08' 52" W., 878.43 feet; thence N. 890 46' 44" W., 349.78 feet; thence S. 00 08' 52" W., 326.17 feet; thence along the center line of Plymouth Road N. 74° 34' 20" W., 399.10 feet; thence N. 00 08' 20" W., 1099.68 feet to the point of beginning; containing 17.30674 acres of land more or less. (Parcel 301 (A) ) Commencing at the West 1/4 corner of Section 30, T, 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, running thence S. 890 47' 00" E., along the east and west 1/4 line of said Section, a distance of 1571.40 feet; thence S. 00 08' 52" W., 878.43 feet for a point of beginning; Thence continuing S. 0° 08' 52" W., 421.28 feet: thence along the center line of Plymouth Road N. 74° 34' 20" W., 362.60 feet; thence N. 00 08' 52" E., 326.17 feet; thence S. 89° 46' 44" E., 349.78 feet to the point of beginning; containing 3,000 acres of land more or less. (Parcel 30I (B) ) That part of the S. E. 1/4 of Section 30 described as beginning at the center 1/4 corner of Section 30 and proceeding thence N. 89° 30' 40" East along the east and west 1/4 line of said Section 295.57 feet; thence S. 0° 30' 10" W., 1655.41 feet to the center line of PlymouthRbad; thence N. 74° 06' W., along said center line 306.58 feet to the N. and S. 1/4 line of Section 30; thence N. 000 30' 10" E., along said line, 1573.94 feet to the point of beginning; containing an area of 10.96 acres, more or less. L (Parcel 30V1) That part of the S. E. 1/4 of Section 30 described as beginning at a point on the E. and W. 1/4 line of said Section distant S. 89° 30' 40" 5, Page 6404 295,57 feet from the center 1/4 corner of Section 30, proceeding thence L S. 89° 30' 40" E., along the said line 282.07 feet; thence S. 00 31' 40" W., 1732.95 feet to center line of Plymouth Road; thence N. 74° 06' W. along said center line 291.78 feet; thence N. 00 30' 10" E., 1655.41 feet to the point of beginning; containing an arca of 10.96 acres, more or lest. (Parcel 30 V 2) Commencing at the West 1/4 corner of Section 30, T. 1 S., R. 9 E., running thence S. 89° 47' 00" E., along the East and West 1/4 line of said Section a distance of 1571.40 feet; thence S. 00 08' 52" W., 447.56 feet for point of beginning; running thence S.890 51' 24" E., 298.31 feet; thence S. 00 13' 35" W., 933.32 feet; thence along the center line of Plymouth Road N. 74° 34' 20" W., 307.92 feet; thence N. 00 08' 52" B., 852.15 feet to point of beginning; containing an area of 6.10 acres, more or less. (Parcel 30K) and the South 1/2 of Section 30 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 125 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 necessary to give this ordinance full force and effect. LSection 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 Dooley, seconded by Councilman McCann and unanimously adopted, it was #49-64 RESOLVED that, having considered the report and recommendations dated January 13, 1964, (resol ution #920-63), from the Chief City Engineer, approved by the Director of Public Works and the Mayor, concerning sub- division improvements, the Council does hereby refer the same to the Streets Roads and Plats Committee in connection with matters previously referred in resolution #920-63. On motion of Councilman McCann, seconded by Councilman Parks and unanimously adopted, this 436th regular meeting of the Council of the City of Livcnia was duly adjourned at 10:07 P. M., January 15, 1964. e 6,,t,),___-- -A---L. _ Ma e W. Clark, City Clerk ,� /