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HomeMy WebLinkAboutCOUNCIL MINUTES 1962-05-14 Page 5428 MINUTES OF THE THREE HUNDRED SIXTY-FOURTH REGULATE MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 14$ 1962, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:37 P. M. Councilman McNamara delivered the invocation. Roll was called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty, William E. Parks,Rudolf R. Kleinert, John F. Dooley, Edward H. McNamara and James R. McCann. Absent-- None, Elected and appointed City officials also present: Juanita Hillas, Deputy City Clerk; Alan Walt, City Attorney; Charles J. Pinto, Assistant City Attorney; Robert Shaw, Director of Public Works; William Strasser, Chief City Engineer; David L. Jones, Water and Sewer Commissioner; Police Chief James Jordan, representing the Director of Public Safety; David R. McCullough,City Planner; Carrol Lock, Budget L. Director; Victor Phillips, Chief Accountant; James A. Cameron, Planning Commisdon; and Joseph Handzlik, Civil Service Commission. By Councilman Kleinert, seconded by Councilman McNamara and unanimously adopted, it was #329-62 RESOLVED that, the minutes of the 363rd regular meeting of the Council of the City of Livonia held April 23, 1962, the adjourned 363rd regular meeting held April 30, 1962, and the adjourned 363rd regular meet- ing held May 7, 1962, are hereby approved. By Councilman Daugherty, seconded by Counci lmanpiMcNamara and unanimously adopted, it was resolved that #330-62 WHEREAS, the City of Detroit on April 26, 1962, adopted an income tax ordinance levying an income tax of one percent and being applicable also to non-residents who derive income from within the corporate limits of the City of Detroit; and WHEREAS, the effect of such ordinance is contrary to the best interests of this n nicipality, and, particularly: imp (1) That it is in the public interest that this municipality determine the validity of said ordinance and its applicability to non-residents of the City of Detroit; Page 5429 (2) That the levying of the income tax upon non-residents, and particularly the residents of this municipality, would have an adverse effect upon the welfare of the residents of this munici- pality, particularly as to citizens' rights and property and the tax revenues to be received by this municipality; THEREFORE, BE IT RESOLVED that, the City Attorney be and is hereby authorized and directed to make application to the Circuit Court for the County of Wayne for the intervention of this City, as a party plaintiff, in action entitled John F. Dooley, et al, vs. City of Detroit, Wayne County Circuit Court File No. 622-121. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #331-62 RESOLVED that, having considered the letter dated April 30, 1962, from the Mayor, the Council does herein approve of the appointment of Mr. Edward G. Milligan, 16115 Burton Court, Livonia, Michigan, to the City Plan- ning Commission to fill the unexpired term of Mr. Arthur C. Samuels, which term shall expire June 9, 1964. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #332-62 RESOLVED that, having considered the communication dated April 27, 1962, from the Mayor, the Council does hereby give its permission to the V.F.W. Post 8030, and any other interested veterans organization, to sell poppies on the streets of the City of Livonia on May 24, 25, and 26, 1962. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #333-62 RESOLVED that, the communication dated April 30, 1962, from the Mayor requesting the amendment of several ordinances of the City of Livonia, particularly those which establish several boards and commissions, is hereby referred to the Legislative Co-mlittee of the Council for its report and recommendation. The communication dated April 27, 1962, from the Department of Law inform- ing the Council that the Congregation Beth El v. City of Livonia lawsuit has been appealed to the Supreme Court, was received and placed on file for the information of the Council. By Councilman Kleinert, seconded by Councilman McNamara and unanimously adopted, it was #334-62 RESOLVED that, having considered the report and recommendation dated May 9, 962, from the Capital Improvement Committee of the Council Page 5430 with reference to resolution #33-61(1), the Council does hereby request that the Mayor prepare and submit a report containing the following: (1) A listing of all City owned and leased buildings; (2) Recommended allocation of all such buildings to the various departments and divisions of City government; (3) A recommendation regarding-he possibility of discontinuing any building space which is pres.:ntly rented or leased by the City; (4) A specific recommendation indicating an allocation of adequate quarters for the Senior Citizens Club; and (5) Such other recommendations as will indicate the most prudent and effective use of all City owned buildings. By Councilman Kleinert, seconded by Councilman McNamara and unanimously adopted, it was #335-62 RESOLVED that, pursuant to the report end recommendation dated May 9, 1962, from the Capital Improvement Committee of the Council with reference to resolution #223-62, the Council respectfully declines the offer of Mabel L. LeClair, dated January 11, 1962, to sell certain property to the City of Livonia for park purposes, the reason for this action being that the property offered is not sufficiently large enough to provide for an adequate park site and that present recreation facilities on the Grand- view School property seem adequate for current needs; and the City Clerk is requested to transmit a copy of this resolution to Mrs. Mabel L. LeClair for her information. By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #336-62 RESOLVED that, having considered the report and recommendation dated May 9, 19623, from the Capital Improvement Committee of the Council regarding resolution #231-62, the Council does hereby determine that the construction of a pedestrian footbridge across the Rouge Flood Plain ad- jacent to the Botsford School is necessary, and therefore, the Council does hereby request that the Mayor obtain and thereafter submit to the Council the following reports: (1) A proper legal description from the Engineering Division of the property necessary in order to proceed with this project, in ad- dition to separate legal descriptions of the balance of such parcels affected by the contemplated acquisition; (2) A report from the City Assessor indicating the assesse d value of the parcel or parcels affected by this contemplated acquisition and indicating also the estimated assessed values of such parcels in the event such acquisition is completed; and the Department of Law is hereby requested to obtain two appraisals on Page 5431 all of those properties recommended for acquisition by the Engineering Division, together with appraisals of the remaining portions of such parcels. The letter dated April 28, 1962, from Arthur L. Selke, 35042 Elmira Street, regarding a recent proposed water rate increase: was received and placed on file for the information of the Council. The letter dated April 30, 1962, from the Department of Law, indicating the status of requests contained in resolutions #831-61 and #750-61, was received and placed on file. Councilman McCann introduced the following Ordinances AN ORDINANCE AMENDING SECTIONS 2 AND 36 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 Aram) THERETO SECTIONS 3.320 AND 3.321. THE CITY OF LIVONIA. ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated February 9, 1962, on Petition No. Z-540; and dated March 7, 1962 on Petition No. z-545, having been considered by the Council, the Council hereby adopts said petitions to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all pro- ceedings heretofore conducted on said petitions 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 sections: Section 3.320. Petition No. Z-5401 submitted by Bernard Assemany is hereby granted and the zoning clasuification of the premises hereinafter described is hereby changed from R-2 to PS as requested in said petition: Outlot B of the Pearl Wilson Subdivision and Outlot C of the Pearl Wilson Subdivision No.22 of part of the North 1/2 of the Southwest 1/4 of Section 36, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; and the Southwest 1/4 of Section 36 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.321. Petition No. Z-545„ submitted by George R. Klein on behalf of Klein and Shenkman is hereby granted and the zoning classifica- tionL of the premises hereinafter described is hereby changed from R-1-A to C-2 as requested in said petition: Part of the South 1/2 of the Southeast 1/4 of Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne CountylMichigan, Page 5432 being more particularly described as follows: Beginning at a point along the South line of Section 2, N. 89° 52' 30" W. 1536.61 feet and N. 0° 07' 30" E. approximately 695 feet; thence N. 00 07' 30" E. approximately 333.9 feet; thence N. 89° 58' W. 434.82 feet; thence N. 0° 071 30" E. 289.00 feet; thence S. 89° 58' E. 328.58 feet; thence S. 89° 37' E. 327.61 feet; thence N. 89° 52' E. 536.27 feet; thence due S. 624.04 feet; thence N. 890 52' 30" W. approximately 760.8 feet to the point of beginning, containing approximately 13.77 acres; and the Southeast 1/4 of Section 2 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 82 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 extentnnecessary 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. The communication dated April 27, 1962, from the Mayor, submitted pursuant to resolution #292-62, regarding the request of the Planning Commission for an ap- propriation to attend a certain convention, was received and placed on file. By Councilman Dooley, seconded by tbuncilman McNamara, it was #337-62 RESOLVED that, having considered the communication dated May 9, 1962, from the Mayor, and having reconsidered the communications from Johnson, Johnson & Roy, dated February 27, 1962, and from the Library Comm,ssion, dated March 13, 1962, the Council does hereby accept the offer of Johnson, Johnson & Roy, 106 East Liberty, Ann Arbor, Michigan, to prepare a plan for the landscaping of the Carl Sandburg Library for the total sum of $350.00, and does hereby authorize such firm to immediately prepare and submit such plan to the City of Livonia. 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. Page 5433 By Councilman McNamara, seconded by Councilman Kleinert, it was #338-62 RESOLVED that, having considered the report and recommendation dated May 3, 1962, from the Chief City Engineer, approved by the Mayor and Director of Public Works, submitted pursuant to resolution #293-62, the Council does hereby accept the unit price bid of Motor City Excavating Company, 27319 LaRose, Warren, Michigan, and the Iacobelli Construction Company, Inc., 27319 LaRose, Warren, Michigan, (joint bid) for installing and constructing sanitary sewers in the Merriman Estates Subdivision for the estimated cost of 555,169.80, based on Engineering Division's quantity estimates, such having been in fact the lowest bid received for this work; and the Mayor and City Clerk are hereby authorized to execute a contract on behalf of the City of Livonia with the aforesaid bidders and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was resolved that #339-62 WHEREAS, pursuant to the direction of the City Council, the City Assessor of the City of Livonia has prepared and reported to the Council under date of April 18, 1962, an assessment roll dated April 16, 1962, covering proposed improvement consisting of the installation of certain paving and drainage on Henry R uff Road between Grandon on the north and Joy Road on the south, in the Southeast 1/4 of Section 35, City of Livonia, containing the special assessment assessed and levied, respectively, in the proposed special assessment district heretofore established for the con- struction of the proposed improvements in said district, and as designated in resolution #179-62, heretofore adopted by the Council; THEREFORE, BE TT RESOLVED that, the said roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination and that the City Clerk be and hereby is directed to give notice pursuant to the provisions of Ordinance No. 31, of the City, as amended, that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road, at 8:30 p. m., on Monday, June 18, 1962, to review the said special assessment roll, at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED that, the City Clerk give notice of said hearing to be published once in The Livonian, the official newspaper of the City of Livonia, which is published and circulated in said City, at least ten (10) days prior to the date of June 18, 1962, and that the City Clerk also give notice of said hearing by sending written notice thereof to each property owner subject to special assessment by reason of said improvement; the addresses of said property owners to be taken from the latest tax assessment roll in the City Assessor's office. Page 5434 By Councilman McCann, seconded by Councilman Dooley and unanimously adopted, it was #340-62 RESOLVED that, further consideration of the proposal to install sanitary sewers in Golden Ridge Subdivision, situated in Section 31 of the City of Livonia, is hereby tabled to the next regular meeting of the Council. By Councilman Daugherty, seconded by Councilman McNamara, it was RESOLVED that, the Chief City Engineer having filed with the City Clerk a statement dated January 10, 1962, pursuant to directions under resolution #282-61, adopted April 24, 1961, and in accordance with the provisions of Section 6 of Ordinance No. 31, as amended, containing a report with regard to the proposed road improvements on Jamison Avenue from Garden to Middlebelt Road, in Section 2)4, in the City of Livonia, and a public hearing having been held thereon on April 18, 1962, after due notice as required by Ordinance No. 31, as amended, and a careful con- sideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with special assessment proceedings for the aforesaid improvement as above described; all proceedings heretofore taken in regard to this matter are rescinded and the City Clerk is hereby requested to notify the interested property owners of this determination. By Councilman McCann, seconded by Councilman Kleinert, it was #311-62 RESOLVED that, consideration of road improvements on Jamison Avenue be tabled. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McCann and Parks. NAYS: McNamara, Daugherty and Bagnall. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #342-62 REaOLVED that, having considered the communication dated April 30, 1962, from the Department of Law, the Council does hereby amend its resolu- tion #277-62, adopted on April 16, 1962, so as to add to and include in that resolution the following described property: Beginning at a point distant N.89° 49' 46" W. 2010.15 feet; along the North line of Section 35, and S. 00 10' 14" W. 60.00 feet from the northeast corner of Section 35 and proceeding thence S. 0° 10' 14" W. 1259.75 feet; thence N. 890 51' 00" W. 598.14 feet; thence N. 00 14' 03" E. 1019.97 feet; thence Page 5435 S. 89° 49' 46"" E. 180.00 feet; thence N. 00 14' 03" E. 240.00 feet; thence S. 89° 49' 46" E. 416.75 feet, to the point of beginning; containing 16.288 acres. By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #343-62 RESOLVED that, having considered the report and recommendation dated April 27, 1962, from the Department of Law, submitted pursuant to resolution #217-62, the Council does hereby instruct the Assistant Director of Public Works to record air conditioning charges hereafter received by the City of Livonia, in accordance with the provisions of Ordinance No. 350, in a special account until such time as the validity of such charge is finally determined by the courts in litigation presently pending. By Councilman McNamara, seconded by Councilman Kleinert, it was #344-62 RESOLVED that, having considered the report and recommendation dated April 30, 1962, from the Department of Law, regarding the acquisition of certain property from Edward M. Johnston and Lillian F. Johnston, his wife, and it appearing that the acqu sition of such property is necessary in connection with the development of a certain park site in the City of Livonia, the Council does hereby approve of and authorize the purchase by the City of the following described property: Lots 1 and 2 of Grennada Park Subdivision of the N. E. 1/4 of the S. E. 1/4 of Section 21, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan, recorded L. 52, P. 27, Plats, W. C. R.; for the total sum of $5,000.00, and hereby authorizes the Department of Law to complete such transaction; and the City Clerk and City Treasurer are hereby authorized to disburse such amount upon notification from the Department of Law that the transaction has been completed; and for this purpose the sum of $5,000.00 is hereby transferred from the Unallocated Account to the Park Site Improvement - Farmington-Lyndon Account. 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. The letter dated April 30, 1;62, from the Department of Law submitted pursuant to resolution #282-62, regarding the status of the application filed with the Michigan Municipal Finance Commission, was received and placed on file. By Councilman McCann, seconded by Councilman McNamara, it was #345-62 RESOLVED that, having considered the report and recommendation dated April 30, 1962, from the Chief City Engineer, approved by the Mayor Page 5 .36 and Director of Public Works, the Council does hereby authorize an addendum to the contract dated September 1, 1961, with the Lynn Excavating & Grading Company, approved by resolution #557-61 adopted on August 14., 1961, which would add to that contract the installation of approximately 510 additional lineal feet of field tile as des cribed in the aforesaid communication and plan attached thereto, for an additional cost of 5606.00; and for this purpose the aforesaid sum is transferred from the Unallocated Account to the Park Site Improvement - Farmington-Lyndon Account; and the Mayor and City Clerk are herein 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: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. By Councilman McNamara, seconded by Councilman Parks, it was #346-62 RESOLVED that, having considered the report and recommendation dated May 2, 1962, from the Chief City Engineer, approved by the Mayor and the Director of Public Works, the Council does hereby authorize final payment to the J. D. Armstrong Landscaping Company, 37328 Utica ttoad, Fraser, Michigan, of the balance of $1,361.37 owing on a contract between that company and the City of Livonia, dated September 20, 1961, for the establishment of turf on the Farmington-Lyndon Park Site, it being the understanding of the Council that all work under the said contract has been completed in accordance with City standards arxi specifications, and that the contractor has filed his declaration that there is no money owing for any labor or material in connection with the work performed under the said contract. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daigherty, Parks and Bagnall. NAYS: None. The letter dated April 18, 1962, from the Michigan Liquor Control Commission regarding a Class C license at 19162 Farmington Road, was received and placed on file. By Councilman Dooley, seconded by Councilman Kleinert and unanimously adopted, it was #347-62 RESOLVED that,having considered the communication dated May 1, 1962, from the Director of Public Safety, ap r oved for submission by the Mayor, the Council does hereby authorize the American Legion and other fraternal and veterans organizations to use Plymouth Road on May 30, 1962, from approximately 10:00 a. m., to 11:00 a. m., for the purpose of con- ducting a Memorial Day Parade and Memorial Day Services; and the Livonia Page 5437 Police Department is hereby directed to make all necessary provisions for traffic safety; the parade plans are to commence at Shelden Center and go east on Plymouth Road to Wonderland Center. By Councilman McCann, seconded by Councilman Kleinert and unanimously adopted, it was #348-62 RESOLVED that, the letter dated April 24, 1962, from Victor E. Johnson, 16834 Bell Creek Lane, Livonia, Michigan, regarding the necessity for sanitary sewers on Bell Creek Lane, is hereby referred to the Mayor with the request that he obtain, and thereafter submit to the Council, a report from the Chief City Engineer indicating: (1) The practical necessity for the installation of sanitary sewers on Bell Creek Lane; (2) The location and adequacy of the outlet to which such a sanitary sewer would have to be connected; and (3) The nature and extent of any health hazards which may exist from the lack of any sanitary sewers at this location. By Councilman McCann, seconded by Councilman Dooley and unanimously adopted, it was #349-62 RESOLVED that, the petitic n dated April 21, 1962, from the Riley Junior High PTA requesting the installation of sidewalks along Five Mile Road between Merriman and Middlebelt Road is hereby referred to the Streets, Roads and Plats Committee for report and recommendation in conjunction with the Engineering Division and the Department of Law. By Councilman Daugherty, seconded by Councilman McNamara and unanimously adopted, it was #350-62 RESOLVED that, the petition dated April 21, 1962, from the Riley Junior High PTA requesting the installation of a traffic signal control device at the intersection of Five Mile Road and Henry Ruff Road in the City of Livonia, Michigan, is hereby referred to Mr. Russell E. Harrison, Engineer of Traffic and Safety, Board of Wayne County Road Commissioners, together with this request of the City Council that every consideration be given to the installation of a traffic signal device at the above intersection; and with the further request that the Board of Wayne County Road Commissioners submit to this body an indication as to whether or not such an installation will be considered and if so, on what terms and conditions. By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #351-62 RESOLVE) that, the communication dated April 17,19o2, from the Merri-Five Property Owners Association, Inc., requesting the installa- Page 5438 tion of street lights at certain intersections is hereby referred to the Director of Public Safety for his consideration in connection with the report previously requested by resolution #220-62 adopted on March 26, 1962. By Councilman Mc Namara, seconded by Councilman McCann and unanimously adopted, it was #352-62 RESOLVED that, the letter dated April 30, 1962, from Donald M. Walton, 27746 Bennett Avenue, Livonia, Michigan, regarding the vacating of a certain easement for a pedestrian walkway in Livonia Meadows Sub- division is hereby referred to the School Board and City Council Joint Committee for its report and recommendation. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #353-62 RESOLVED that, having considered the petition of John M. Campbell, 9525 Wayne Road, Livonia, Michigan, received April 26, 1962, and in accord- ance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of separating from Lot No. 211a of Super- visors Livonia Plat No. 2, a part of the N. E. 1/4 of Section 33, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, the following described parcel: Part of Lot 211, Supervisor's Livonia Plat #2 of the South 5/8 of the Northeast i/4 and the East 1/2 of the North 3/8 of the Northwest 1/4 of Section 33, T. 1 S., R. 9 E., Livonia Township, Wayne County, Michigan, as recorded in Liber 66 of Plats on Page 1, Wayne County Records, described as commencing at the Northwest comer of said Lot 211; thence S. 89° 05' 30" E. 117.00 feet along the North line of the lot for a point of beginning; thence continuing S. 89° 05' 30" E. 1.00 foot; thence S. 00 06' 20" E. 560.00 feet; thence N. 89° 05' 30" W. 1.00 foot; thence N. 00 06' 20" W. 560.00 feet to the point of beginning, excepting any part thereof taken, deeded, or used for roadway purposes; as shown on the map attached to the aforementioned petition; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. At 9:26 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 Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #354-62 RESOLVED that, having considered the communication dated April 24, 1962, from the Livonia Public Schools, the Mayor is hereby requested to Page 5439 obtain and thereafter submit to the Council a report from the Engineering Division indicating: (1) an estimated cost of an adequate footbridge to provide suitable access to the Lincoln School from the proposed Idyle Hills Sub- division and the Bell Valley Subdivision to be located in the Southwest 1/4 of Section 16; (2) the most practical location of such a footbridge, if constructed, and (3) a description of the necessary easement or right of way, if any, to make such an installation. By Councilman McCann, seconded by Councilman Parks and unanimously adopted, it was #355-62 RESOLVED that, the communication dated April 18, 1962, from George Young, 15110 Bainbridge, Livonia, Michigan, regarding the poor drainage condition on his property, is hereby referred to the Mayor with a request that he obtain and thereafter submit to the Council a report from the Engineering Division containing: (1) a detailed explanation of the situation which Mr. Young described; (2) the cause of such poor drainage condition; and (3) a recommendation as to the most practical and economical means for correcting the same. By Councilman McCann, seconded by Councilman Kleinert, it was #356-62 RESOLVED that, having considered the report and recommendation dated April 25, 1962, from the City Planning Commission in regard to Petition No. Z-541, submitted by the Planning Commission pursuant to Council resolution #64-62, for change of zoning in the Northwest 1/4 of Section 12 from RUFB to 0-2, the Council does hereby concur with the said recommendation of the City Planning Commission and Petition No. Z-544 is hereby denied for the following reasons: (1) that the proposed zoning is not in harmony with the zoning of the surrounding community and would allow uses which would likely interfere with the peaceful enjoyment of the ime diate adjacent residences; (2) that the proposed zoning is not in harmony with the contemplated development of this portion of the community as indicated by the Master Plan of the City; and (3) that the proposed zoning would constitute spot zoning and would encourage the further extension of commercial zoning on and along Middlebelt Road and the areas already developed in part as residential. Page 544o A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty and Parks. NAYS: Bagnall, The President declared the resolution adopted. By Councilman Mc Namara, seconded by Councilman Dooley, it was #357-62 RESOLVED that, the Council reconsider its decision on Petition No. z-544. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, Mc Namara, McCann, Parks and Bagnall. NAYS: Daugherty. The President declared the resolution adopted. By Councilman Mc Namara, seconded by Councilman McCann and unanimously adopted, it was #358-62 RESOLVED that, consideration of the recommendation of the City Planning Commission regarding Petition No. Z-544 for change of zoning in Section 12 from RUFB to C-2„ be tabled to the next regular meeting of the Council. At the request of the petitioner, Petition No. Z-549 was removed from the agenda to the next regular meeting of the Council, May 28, 1962. By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #359-62 RESOLVED that, the communication dated May 1, 1962, from the Civil Service Commission transmitting certain recommendations and resolu- tions to the City Council, is hereby referred to the Mayor for his comments, report and recommendation, clarification and specifically with respect to the economic feasibility of the same. By Councilman McNamara, seconded by Councilman Daugherty and unanimously adopted, it was #360-62 RESOLVED that, the communication dated April 30, 1962, from the Department of Law and the letter attached thereto, dated February 23, 1962, from the proprietor of the Terrace Theatre Company, requesting a reimburse- ment, in part, for the cost of installing a sanitary sewer, is hereby referred to the Water and Sewer Committee of the Council for its report and recommendation with respect to a policy in regard to such matters. Page 5441 By Councilman Dooley, seconded by Councilman Daugherty and unanimously adopted, it was #361-62 RESOLVED that, the communication dated April 25, 1962, from the Parks and Recreation Commission with respect to designating City park sites by name, is hereby referred to the Department of Law for the pre- paration of an ordinance in accordance with the request. By Councilman Kleinert, seconded by Councilman Parks, it was #362-62 RESOLVED that, having considered the request dated April 12, 1962, from the City Assessor, approved by the Mayor, the Council does hereby transfer the sum of $425.00 from the Unallocated Account to the Capital Outlay Account of the Department of Assessment Budget for the purpose of purchasing office equipment as set out in the aforesaid letter. A roll c-11 vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara and Parks. NAYS: McCann, Daugherty and Bagnall. The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman Kleinert and unanimously adopted, it was #363-62 RESOLVED that, the letter dated April 23, 1962, from the City Planner, addressed to the President of the Council which, in effect, requests the Council to peas an ordinance requiring a subdivider to pay for traffic signs, be and is hereby referred to the Mayor for his comments and the possibility of recovering the monies already expended as noted in the letter from the City Planner. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #364-62 RESOLVED thatlhaving considered the communication dated April 25, 1962, from the City Planner regarding the suggestion of the City offering ten acres to the Department of Internal Revenue,the Council does hereby determine to take no action at this time on such proposal. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #365-62 RESOLVED that,the communication dated April 26, 1962, from Constables Stanley Rudnicki and Jerome Friedman regarding an allowance for automobile expense, is hereby referred to the Finance Committee of the Council for its study, report and recommendation. Page 5442 By Councilman McCann, seconded by Councilman Dooley, it was #366-62 RESOLVED that, having considered the report and recommendation dated May 2, 1962, from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby amend Item No. 3 of resolution #74-59 adopted on January 26, 1959, as amended by resolu- tion #450-59 adopted on July 21, 1959, resolution #346-60 adopted on June 13, 1960 resolution #710-60 adopted on November 28, 1960, and resolution #344-61 adopted on May 23, 1961, so as to reduce the bond for remaining improvements in Kimberly Oaks Estates Subdivision to $10,000.00, to cover the cost of remaining improvements in that subdivision, and the liability of the bonding company shall be limited to said amount; and the City Clerk is hereby authorized to do all things necessary or incidental to the Hill performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Parks and Bagnp» . NAYS: Daugherty. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Dooley, it was #367-62 RESOLVED that, having considered the report and recommendation dated May 2, 1962, from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby amend Item No. 3 of resolution #643-61, adopted on September 18, 1961, so as to reduce the bond for remaining improvements in Biltmore Estates Subdivision to $168,000.00, of which at least $10,000.00 shall be cash, to cover the cost of the in- stallation of remaining improvements in that subdivision, and the bond now on deposit with the City shall be reduced accordingly and the liability of the bonding company shall also be limited to s aid amount; and the City Clerk is herein 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: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. By Councilman McNamara, seconded by Councilman Daugherty and unanimously adopted, it was #368-62 RESOLVED that, the communication dated April 30, 1962, from the Chief City Engineer, approved by the Mayor and Director of Public 4orks, suggesting a comprehensive road improvement plan for the City, is hereby referred to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Kleinert, seconded bycbuncilman McNamara and unanimously adopted, it was Page 5hh3 i 3 #369-62 RESOLVED that, the @ouncil having adopted resolution #282-61 at its regular meeting held on April 24, 1961, requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed improvement of storm sewers on Roycroft Avenue, east of Middlebelt Road in Section 13, City of Livonia, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare or cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the land Which should be included in the proposed special assessment district; and it appearing to the Council that all of such information, estimate, plans and specifica- tions and recommendations have been properly filed by the City Engineer with the City Clerk under date of May 4, 1962, and that there has been a full compliance with all of the provisions of Section 6 of Ordinance No. 31, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Monday, June 18, 1962, at 9:30 p. m., ns the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Sections 8 and 9 of said Ordinance No. 31, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 7 of this Ordinance. By Councilman Dooley, seconded by Councilman Kleinert, it was #370-62 RESOLVED that, having considered the report and recommendation dated April 17, 1962, from the Superintendent of Operations Division, approved by the Mayor and Director of Public Works, the Council does hereby accept the following bids: The Edward C. Levy Co., 8800 Dix Road, Detroit 9, Michigan Hayes Washed Sand & Gravel Co., P. O. Box 157, Northville, Michigan American Aggregates Corp., 12500 Greenfield Road, Detroit 37, Michigan Telischak Sand & Gravel Co., 12300 Farmington Road, Livonia, Michigan: Delivered Material Delivered & Spread Pick-Up Vendor 3/4" Stone Aggregate $2.53 $2.57 - Hayes 1-1/4" Stone Aggregate 2.43 2.)48 - Hayes 348 Stone Aggregate 2.52 2.57 - Hayes 31A Stone Aggregate 2.74 - - Hayes 31A Stone Aggregate - - $2.35 American Aggregates 31B Gravel - 1.60 - Telischak Natural Sand 1.15 - - Hayes Masonry Sand 1.50 - - Telischak 4A Stone - 2.48 - Hayes 25A Blast Furnace Slag 3.72 3.72 - Edward C. Levy 31B Blast Furnace Slag 3.72 - - Edward C. Levy 9A Blast Furnace Slag 3.05 3.05 - Edward C. Levy 4A Blast Furnace Slag 3.05 3.05 - Edward C. Levy Page 5444 Delivered Material Delivered & Spread Pick-Up Vendor 21A Blast Furnace Slag $3.05 $3.05 - Edward C. Levy 29A Blast Furnace Slag 3.72 - - Edward C. Levy 3X Open Hearth Slag 1.85 - - Edward C. Levy 21X Open Hearth Slag 1.85 - - Edward C. Levy 22X Open Hearth Slag 1.85 - - Edward C. Levy 22A Maintenance Gravel 1.05 1.15 .69 Telischak 21A Maintenance Gravel 1.12 1.15 .69 Telischak 60-4.0 Gravel 1.55 - - Telischak Hayes American Telischak Levy Delivery 1 day 24 hrs. - . Terms 1% 30 days Net 30 days 10¢/T 10 days Net 30 days 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. By Councilman McNamara, seconded by Councilman Dooley, it was #371-62 RESOLVED that, having considered the report and recommendation dated April 17, 1962, from the Superintendent of Operations Division, approved by the Mayor and Director of Public Works, the Council does hereby accept the bids of Shults Equipment Sales, P. 0. Box 158, Ithaca, Michigan, and Miller Equipment Company, 32910 Plymouth Roads Livonia, Michigan, for supplying the City with blades as follows : ITEM SHULTS MILLER Grader Blades - plain 5'8" x6" x 6' $ 6.84 5'8" x 6" x 71 7.98 5' 8" x 6" x lo' 11.40 Grader Blades - serrated 5'18" x6" x6' $11.20 5'8" x 6" x 7' 13.06 518" x 6" x lo' 18.66 Maintainer Blades 1/2" x 8" x 48" 7.60 1/2" x 8" x 60" 9.50 1/2" x 8" x 132" 20.90 Snow Plow Blades 1/2" x 6" x 9' (Good Roads) $12.22 1/2" x 6" x 9" (Root) 12.22 Underblades - Plain 1/2" x 6" x 10' (Root) $ 9.60 1/2" x 6" x 10' (Hydro) 9.60 Page 5)015 ITEM (continued) SHULT3 MILLER Underblades - serrated 1/2" x 6" x 10' (Root) $16.13 1/2" x 6" x 10' (Hydro) 15.90 Plow Bolts 5/8" x 2" .13-1/4 Delivery 5-7 days 10-15 days Terms net 30 net 10 such having been in fact the lowest bids received for this item. 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. By Councilman Parks, seconded by Councilman McNamara, it was #372-62 RESOLVED that, having considered the report and recommendation dated April 17, 1962, from the Superintendent of Operations Division, approved by the Mayor and Director of Public Works, the Council does hereby accept the following bids for supplying the City with trucks: 1. Bill Brown Sales, Inc., 32222 Plymouth Road, Livonia, Michigan for: One (1) new 1962 cab and chassis, G.V.W. 21,000 lbs. (for Parks Department) in the amount of3,461.56. One (1) new 1962 truck chassis with dump box, G.V.W. 29,000 lbs. 1es trade-in of 1957 Model F-600 dump truck, in the amount of $6,273.65. (for Operations Division) 2. Tennyson Chevrolet, 32570 Plymouth Road, Livonia, Michigan for: One (1) new 1962 cab and chassis G.V.W. 23,000 lbs. less trade-in of 1957 Ford cab and chassis, in the amount of $3,949.99. (for Operations Division) such having been in fact the lowest bids received for these items. 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. By Councilman Kleinert, seconded by Councilman Parks and unanimously adopted, it was #373-62 RESOLVED that, having considered the report dated April 18, 1962, from the Director of Public Safety, and the letter from the Michigan Liquor Control Commission in connection therewith, the Council. does hereby Page 5).446 approve of the request from Leona Richardson to add space to 1961 SISI licensed business located at 27720 West Seven Mile Road, Livonia, Michigan The report of all action taken by the Board of Review for 1962, wasrre- ceived and placed on file for the information of the Council. An Ordinance Establishing Election Precincts Within the City of Livonia, Fixing the Boundaries Thereof, and Providing for the Publication and Posting of Notices Thereof, introduced on May 7, 1962, by Councilman Kleinert, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. The President declared the Ordinance duly adopted and would become effective on publication. By Councilman Daugherty, seconded by Councilman McNamara, it was #374-62 RESOLVED that, having considered the letters, dated April 30 and May 9, 1962, from the Mayor with respect to the activities of the Mayors' Vigilance Tax Committee of Michigan, in connection with registering op- position to the recently enacted Income Tax Ordinance, the Council does hereby authorize the expenditure of $$200.00 from the Mayor's Emergency Fund to cover expenses which may be incurred by participation in con- templated litigation in opposition to the proposed income tax levied on non-residents of the City of Detroit. 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. By Councilman Parks, seconded by Councilman Daugherty and unanimously adopted, it was #375-62 RESOLVED that, having considered the request dated April 30, 1962, from Mr. and Mrs. Mark VanEvery, 32325 Wisconsin, Livonia, Michigan, (Lot 3147 - Rosedale Meadows Subdivision No. 2), requesting that the Council grant an exception from compliance with side yard provisions of Ordinance No. 305, the Swimming Pool Ordinance, and after duP consideration of such request, the Council does hereby grant the requested exception and authorizes the issuance of a building permit to construct a swimming pool on the aforesaid premises to within five and one-half (5-1/2) feet of the easterly boundary line, provided, however, that this exception is granted contingent upon the erection of a six foot (6') stockade fence as detailed in the letter dated May 114, 1962, from the City Planner. Page 5447 By Councilman McNamara, seconded by Councilman Dooley, it was #3?6-62 RESOLVED that, having considered the communication dated May 7, 1962, from the Department of Law, the Council does hereby authorize the Mayor and City Clerk to execute for and on behalf of the City a license agreement with Harold H. Gordon and Louis P. Begin, wherein the latter grant permission to the City to use certain property adjacent to the Harrison School for recreation purposes, such agreement to be in force from May 1, 1962, through August 31, 1962. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty and Parks. NAYS: Bagnall. The President declared the resolution adopted. By Councilman Parks, seconded by Councilman McCann, it was #377-62 RESOLVED that, having considered the report and recommendation dated April 25, 1962, from the City Planning Commission in regard to Petition No. Z-542, submitted by M.Sharpley for change of zoning in the Southeast i/4 of Section 35 from RUFB and R-2-B to PS, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition No. Z-542 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary mapfor 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. The President relinquished the chair to the Vice President at 10:43 P. M., to speak on the motion and resumed the chair at 10:45 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McCann, Parks and Bagnall. NAYS: Kleinert, McNamara and Daugherty. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman McCain and unanimously adopted, it was #378-62 RESOLVED that,having considered the communication dated May 1, 1962, from Robert J. Glassmire, 34459 Six Mile Road, Livonia, Michigan, regarding the construction of his home, the Council does hereby request the Mayor to obtain and thereafter submit to the Council a report from the Director of Public Works indicating: (1) the nature and extent of the building defects; and (2) a recommended course of action to correct the same. Page 5)4i.8 By Councilman Daugherty, seconded by C ouncilman McCann, it was #379-62 RESOLVED that, the Council does hereby forward to the Election Commission, for its information and guidance, Specific Recommendations for Protection of Election Procedures, dated May 1, 1962, as follows: 1. The numbered band seal on the back of number four (1i.) door to be recorded in precinct book upon completion of the election (also before and if such seal is used). 2. Bar seals and band seals to be assigned numerically to each precinct and recorded. 3. Certification of presence of bar seal and the number after the election, by the custodians restoring the machines. This would be in addition to present practice of certification of bar seals made by custodians prior to the election. Also, certify by Election Board before and after election. 4. The quantity of absentee ballots to be recorded on front of sealed envelopes. 5. Application slips for each precinct to be entered into packs numerically. 6. Check-off list for insurance of all checks to be included as part of precinct records. 7. Certified "Wall Instruction Ballot" be retained and included with precinct records. and that these recommendations are made as a result of the experience of members of the Board of Canvassers at the recent recount of the general City Election of 1962. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Dooley, seconded by C ouncilman McNamara, it was #380-62 RESOLVED that, the Council does hereby authorize the expenditure of $100.00 from the Capital Outlay Account of the City Council for the purpose of purchasing one 4-drawer file cabinet. 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. Page 5449 By Councilman McCann, seconded by Councilman Daugherty and unanimously adopted, it was #361-62 RESOLVED that, the letter dated May 9, 1962, from the Manufacturers National Bank of Detroit, regarding a letter of credit for Madonna Estates Subdivision, is hereby tabled to the next regular meeting of the Council. By Councilman Kleinert, seconded by Councilman Daugherty, it was #382-62 RESOLVED that, the Council does hereby authorize the expenditure of S631.50 to Statewide Court Reporting, 25101 Plymouth Roads Detroit 39, Michigan, for services rendered in connection with the recent recount of the votes cast at the last General City Election, and for this purpose, the above sum is transferred from the Unallocated Account to the Election Commission Contractual Services Account. 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. The report of the Municipal Court for the month of April, 1962, was received and placed on file. By Councilman Dooley, seconded by(bunciIman Kleinert and unanimousli adopted, it was #383-62 RESOLVED that, the regular meetings of the Council for the month of June, 1962, shall be held on the following Wednesdays: June 6, June 13, June 20, and June 27, 1962, at 8:00 p. m. Councilman Kleinert introduced the following Ordinance: AN ORDINANCE AMENDING SECTICN 20 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 3.322. TEE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission dated March 2, 1962, on Petition No. Z-510a 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. Page 5450 Section 3.322. Petition No. Z-510a, initiated by the City Planning Commission pursuant to Council resolution #72-62, is hereby granted and the zoning classification of the premises hereinafter described is hereby changed from R-2 to C-2 as requested in said petition: The westerly 1480 feet (from the center line of Newburgh Road) of the North 360 feet of the Northwest 1/1.4 of Section 20, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; and The west 200 feat of the East 10143 feet of the North 360 feet of the Northwest 1/14 of Section 20, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; and also the zoning classification of the premises hereinafter described is hereby changed from R-2 to R-3 as requested in said petition: The South 900 feet of the North 1260 feet of the West 360 feet of the Northwest 1/4 of Section 20, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; and the Northwest 1/4 of Section 20 of the Zoning Map is hereby amended to conform to the change made in this s ect;on. Section 3. The attached map designated "Amendment No. 83 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. 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. On motion of Councilman McCann, seconded by C ouncilman Daugherty and unanimously adopted, this 3614th regular meeting of the Council of the City of Livonia was duly adjourned at 11:02 P. M., May 14, 1962. 'arri Clark, City Clerk