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HomeMy WebLinkAboutCOUNCIL MINUTES 1961-08-28 Page 4934 MINUTES OF THE THREE HUNDRED FORTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 28, 1961, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the Vice President of the Council at approximately 8:30 P. M. Councilman Daugherty delivered the invocation. Roll was called with the following result: Present-- Jack Salvadore, John T. Daugherty, William N. Ponder and Rudolf R. Kleinert. Absent-- James R. McCann, Austin T. Grant and Sydney B. Bagnall. By Councilman Kleinert, seconded by Councilman Ponder and unanimously adopted, it was #567-61 RESOLVED that, the minutes of the 340th regular meeting of the Council of the City of Livonia held August 14, 1961, and the 66th special meeting held August 16, 1961, are hereby approved. The following resolution was offered by Councilman Kleinert, seconded by Councilman Ponder: #568-61 WHEREAS, the Council, by resolution adopted on June 26, 1961 (resolution #401-61) authorized execution of the Rouge Valley Sewage Disposal System contract,which is a contract between the County of Wayne by its Board of Public Works, and the following municipalities: City of Livonia, City of Garden City, City of Wayne, City of Plymouth, City of Detroit, City of Northville, Village of Inkster, Township of Nankin, Township of Redford, Township of Dearborn, Township of Romulus, Township of Northville, Township of Plymouth,Township of Canton, Township of Van Buren; providing for the establishment of a sewage disposal system for the dis- posing of sanitary sewage of such municipalities, such system to consist of the existing sewage disposal systems now owned or operated by the County of Wayne and serving such municipalities and also improvements, enlarge- ments and extensions to the said existing facilities to be hereafter constructed; the said sewage disposal system being designated as the Rouge Valley Sewage Disposal System, and WHEREAS, the said resolution #401-61 authorized such execution if the contract was revised in the respects referred to in the said resolution, and WHEREAS, new contracts have been prepared and submitted to the City, which contracts comply with and incorporate the revisions requested Page 4.935 in said resolution #101-61, and pursuant to advice to that effect given by the City Attorney, the Mayor and ‘'ity Clerk have duly signed said contract pursuant to the authorization contained in said resolution; NOW, THEREFORE, BE IT RESOLVED that said contract, as submitted, which is made a part of this resolution by this reference, is hereby ratified, confirmed and approved, and the signing thereof on behalf of the City of Livonia by the Mayor and City Clerk is hereby ratified, confirmed and approved. A roll call vote was taken on the foregoing resolution with the following results AYES: Daugherty, Ponder, Kleinert and Salvadore. NAYS: None. The report of lthe Streets, Roads and Plats Committee, dated August 9, 1961, was received and placed on file. By Councilman Ponder, seconded by Councilman Kleinert and unanimously adopted, it was #569-61 RESOLVED that, having considered the report and recommendation of the Director of Public Safety, dated March 22, 1961, and the report of the Streets, Roads and Plats Committee, dated August 9, 1961, the Council does herein authorize and request the City Clerk to make application to The Detroit Edison Company, on forms provided by such company, for the installation of a street lamp of suitable lumen strength at the inter- section of Oakview and Middlebelt Road in the City of Livonia, it being the determination of the Council that such intersection and location in the City of Livonia requires lighting in order to protect the public safety of the residents of this community. By Councilman Kleinert, seconded by Councilman Daugherty, it was #570-61 RESOLVED that, the recommendation on bids for tractors be tabled to the next regular meeting and the Superintendent of Operations Division is requested to prepare a point by point comparison report for the Council, on the bids. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder and Reinert. NAYS: Salvadore. The Vice President declared the resolution adopted. The following resolution was offered by Councilman Daugherty and seconded by Councilman Kleinert: Page 4936 #571-61 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 follow- ing 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 Greenbriar Meadows Subdivision and Koloff's Greenbriar Meadows Subdivision No. 2, a distance of approximately 1,940 feet to the established Patter Drain. AND WHaREAS, 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 Michigan 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 cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of the said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Sec. 486. The terms of this chapter shall be applicable 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 and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the preamble hereof, and does hereby consent to the location, establishing and con- structing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 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 Page 4937 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 forth 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 results AYES: Daugherty, Ponder, Kleinert and Salvadore. NAYS: None. By Councilman Kleinert, seconded by Councilman Ponder, it was #572-61 RESOLVED that, having considered the report and recommendations of the Chief City Engineer, dated May 23 and August 14, 1961, approved by the Mayor and Director of Public Works, together with the letter from certain residents of Belle Mar Subdivision, dated May 11, 1961, the Council does hereby authorize the Department of Public Works to supply all labor and equipment necessary to eliminate the existing drainage problem on those lots referred to in the aforementioned letter dated May 11; provided, how- ever, that this authorization is conditioned on the understanding that the owners of such lots first deposit with the City the total sum of $125.00 to cover the cost of materials necessary to accomplish such work; and Ism provided further, that the Department of Law is hereby authorized to obtain all easements that may be necessary in order to accomplish this work. A roll call vote was taken on the foregoing resolution with the following results AYES: Daugherty, Ponder, Kleinert and Salvadore. NAYS: None. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #573-61 RESOLVED that, having considered the report and recommendation of the City Planning Commission, dated April 28, 1961, in regard to Petition No. Z-491 submitted by Mike Sinacola, et al, for change of zoning in the Northwest 1/4 of Section 12 from C-2 and R-1-B to R-3 and/or PS, the Council does hereby approve the said Petition No. Z-491 to the extent that the existing property classified R-1-B shall be reclassified as R-3; and the Department of Law is herein requested to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution; provided, however, that it being the understanding of the Council that the petitioner intends to limit the use of the property zoned R-3 to housing for the aged, the Council does hereby express' its belief that such a use will probably not require parking facilities to the fuU extent that the same are required for general purpose multiple dwellings. By Councilman Kleinert, seconded by Councilman Ponder, it was Page 4938 #574-61 RESOLVED that, having considered the reports and recommendations of the Director of Public Safety, dated June 6 and August 17, 1961, (with attachment), the Council does herein authorize and request the City Clerk to make application to The Detroit Edison Company, on forms provided by such company, for the installation of street lamps of suitable lumen strength to be installed on Levan Road, south of Five Mile Road, and at the specific locations indicated on The Detroit Edison Company plan, dated August 2, 1961, attached to the Director's report, it being the determina- tion of the Council that such locations in the City of Livonia require lighting in order to protect the public safety of the residents of this community. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert and Salvadore. NAYS: None. By Councilman Daugherty, seconded by Councilman Ponder and unanimously adopted, it was #575-61 RESOLVED that, having considered the letter from the Department of Law, dated August 8, 1961, and the form of lease attached thereto, the Council does hereby approve of the said standard form of lease, identified as legal form #101, and approves of its use in those cases where the Council determines to lease private property for the purpose of develop- ing and maintaining recreational facilities thereon; and the Department of Law is authorized to do all things necessary and incidental to the full performance of this resolution. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #576-61 RESOLVED that, having considered the communication from Mr. Louis K. Wood, President, Coventry Gardens Civic Association, regarding the maintenance of Shoreham Park, a private park situated in Coventry Gardens Subdivision, the Council does hereby authorize the Department of Law to transmit the standard form of lease to the association for its review and consideration, and for execution if the same is satisfactory; provided, however, that such agreement sha1 not be effective until finally ap- proved by Council resolution and executed by the City in the manner prescribed by law. By Councilman Kleinert, seconded by Councilman Ponder and unanimously adopted, it was #577-61 RESOLVED that, the letter from the Chief City Engineer, dated July 31, 1961, approved by the Mayor and Director of Public Works, re- garding a procedure insuring correct backyard grading and drainage, is hereby referred to the Water and Sewer Committee of the Council for its recommendation thereon. Page 4939 By Councilman Ponder, seconded by Councilman Kleinert and unanimously adopted, it was #578-61 RESOLVED that, having considered the communication dated August 11, 1961, from Herbert Burdick, attorney for Waldman-Rose Homes, Inc., requesting a special assessment district for sanitary sewers in Golden Ridge Subdivision, the Council does hereby refer the same to the Engineer- ing Division with the request that a report be submitted which will in- dicate, amongst other things, the area proposed to be serviced by such improvement, the total number of property owners and residents within the subdivision, the total number of property owners and residents who have previously petitioned or indicated a desire for such improvement, and such other information as the Council will need in order to determine the necessity for and feasibility of such improvement. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #579-61 RESOLVED that, the two letters from the Engineering Division, each dated August 17, 1961, regarding respectively the status of storm drainage projects and master plan #11 and #12, and the matter relative to the Patter Drain, are hereby referred to the Water and Sewer Committee of the Council for its recommendation thereon. By Councilman Kleinert, seconded by Councilman Daugherty, it was #580-61 RESOLVED that, having considered the communication from the Engineering Division, dated August 28, 1961, regarding possible method for financing drainage improvements on West Chicago from Merriman to Hubbard, and Hubbard Road between Plymouth and West Chicago, the Council does hereby request the Office of the Wayne County Drain Commissioner and the Livonia No. 1 Drainage Board to refund and repay to the City the sum of $17,000.00 from the Livonia No. 1 Surplus Interest C onstruction Earnings Fund; that upon receipt of such sum, the City Clerk and City Treasurer are hereby authorized to remit to the Wayne County Treasurer an equal amount as full payment for the construction of drainage improvements to be in- stalled on West Chicago between Merriman and Hubbard Roads, and Hubbard Road between Plymouth and West Chicago Roads, in the City of Livonia, in accordance with the recommendation set out in the aforementioned com- munication from the Engineering Division; that, in the event the afore- mentioned remittance exceeds the final cost incurred by the construction of such drainage improvements, the Office of the Wayne County Drain Com- missioner is requested to return any balance of such remittance to the Livonia No. 1 Surplus Interest Construction Earnings Fund; and the City Clerk and City Treasurer are herein authorized to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert and Salvadore. NAYS: None. By Councilman Kleinert, seconded by Councilman Ponder and unanimously adopted, it was Page 4940 #581-61 RESOLVED that, having considered the letter from the Chief City Engineer, dated August 15, 1961, approved by the Mayor and Director of Public Works, regarding the construction of pavement on West Chicago from Merriman to Hubbard, and in view of an alternate method of financing the drainage improvements in connection with such construction, the Council does hereby refer this matter back to the Engineering Division for a further report and recommendation in connection therewith. An Ordinance Vacating Portions of Street, Alley and Pub Tic Ground, (Petition V-59) introduced on August 14, 1961, by Councilman McCann, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Daugherty, Ponder, Kleinert and Salvadore. NAYS: None. The Vice President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 10.17 of Article 10.00 and Section 11.19 of Article 11.00 of Ordinance No. 60, as amended, entitled Zoning Ordinance of the City imps of Livonia, introduced on August lii, 1961, by Councilman McCann, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Daugherty, Ponder, Kleinert and Salvadore. NAYS: None. The Vice President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 23 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 3.302, introduced on August lii., 1961 by Councilman Daugherty, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Daigherty, Ponder, Kleinert and Salvadore. NAYS: None. The Vice President declared the foregoing Ordinance duly adopted and would become effective on publication. Page 1491.41 At 9:16 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 #582-61 RESOLVED that, the petition dated August 18, 1961, from certain residents of Coventry Gardens Subdivision requesting black-topping (seal coating) of LaMoyne Avenue, is hereby referred to the Streets, Roads and Plate Committee for its report and recommendation. By Councilman Kleinert, seconded by Councilman Ponder and unanimously adopted, it was #583-61 RESOLVED that, after further consideration, the Council does hereby rescind its resolution #351-61, adopted on May 23, 1961, and in accordance with the report from the Director of Public Safety, dated May 9, 1961, approved by the Mayor, and the communication from the Michigan Liquor Control Commission, dated May 3, 1961, the Council does hereby approve of the request from Alex and Olga Stabrava, 28292 Joy Road, Livonia, Michigan, for a new SDD license to be in conjunction with a 1961 SDM license. By Councilman Ponder, seconded by Councilman Kleinert and unanimously adopted, it was #584-61 RESOLVED that, having considered the communication from Mr. Leonard R. Farber, 29859 Plymouth Road, Livonia, Michigan, dated August 15, 1961, the Council does hereby amend its resolution #709-58 adopted on November 10, 1958, so as toindicate that the proprietors of the Castle Gardens Sub- divisions are as follows: Alper Land Co., Bay Land Co., Carr Land Co., Day Land Co., Gay Land Co., Space Realty Co., and Alto Building Co., all being Michigan Corporations, and Henry S. Alper, Robert L. Alper, Joshua L. Stone and Donall.d A. Krupp of 29859 Plymouth Road, Livonia, Michigan; and that said resolution #709-58, which approved the plat for the said Castle Gardens Subdivisions, is hereby reaffirmed, providing that this reaffirmation shall not be construed to relieve the proprietors from performing all of the conditions and requirements set out in the afore- mentioned resolution. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #585-61 RESOLVED that, having considered the communication from Mr. Edw. R. Levy, dated August 7, 1961, pertaining to an alleged claim for damages on the part of Mr. J. W. Hill, 16128 Burton Court, and having considered also the letter from the Mayor, dated August 21, 1961, in connection Page 4942 therewith, the Council does hereby refer such matter to the Department of Law for an investigation and report and, in this connection, the depart- ment is requested to contact the said Mr. J. W. Hill, the Department of Public Works, the contractor and sub-contractor and any other persons involved; such report shall contain a complete resume of the facts sur- rounding such claim as related by the aforementioned parties,the nature and extent of the injury allegedly sustained, the manner in which it occurred, and such other information as the Council may require in order to equitably resolve this matter. By Councilman Kleinert, seconded by Councilman Ponder and unanimously adopted, it was #586-61 RESOLVED that, having considered the communication from Margaret Gibson, a resident and taxpayer of Nankin Township, dated August 7, 1961, regarding the designation of an official newspaper, the Council does hereby receive the same and place it on file for its future reference. By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #587-61 RESOLVED that, having considered the report and recommendation of the City Planning Commission, dated August 1, 1961, in regard to Petition No. Z-493 initiated by the City Planning Commission pursuant to Council resolution #18-61, for change of zoning in the Northeast 1/4 of Section 9 from C-1 to R-1-A, the Council does hereby concur in the recom- mendation of the City Planning Commission and Petition No. Z-493 is hereby denied for the reason indicated in thea forementioned recommendation from the City Planning Commission. By Councilman Ponder, seconded by Councilman Daugherty, it was #588-61 RESOLVED that, consideration of Petitions Z-503 and Z-509 be tabled to the next meeting of the Council. A roll callvote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder and Salvadore. NAYS: Kleinert. The Vice President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Ponder, it was #589-61 RESOLVED that, having considered the report and recommendation of the Superintendent of Operations Division, dated August 4, 1961, ap- proved by the Mayor and Director of Public Works and Budget Director, the Council does hereby accept the following bids for supplying materials to the City of Livonia: Page 4943 Price Low Bidder Material (del.) (f.o.b.Plant) Cadillac Asphalt Paving CP (1-3) 8.35 ton 7.35 ton Barrett Div. (Allied Chem.) Blacrete Mix 9.28 ton 8.50 ton Bituminous Materials Co. AE (1-3) .1379 gal. .1270 gal. Bill 's Road Oiling MC-0 .13 gal. .115 gal. Leonard Refineries MC (0-4) .141 gal. Leonard Refineries RC (1-4) .1435 gal. Bituminous Materials Co. RS-1 .1379 gal. .1270 gal. Barrett Div. (Allied Chem.) Aggregates MPSC Rate + 7.15 ton 7.15 ton such bids 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: Daugherty, Ponder, Kleinert and Salvadore. NAYS: None. By Councilman Ponder, seconded by Councilman Kleinert, it was #590-61 RESOLVED that, having considered the report and recommendation of the Chief City Engineer, dated August 4, 1961, approved by the Mayor and Director of Public Works, the Council does hereby amend Item No. 3 of resolution #478-60, adopted on August 8, 1960, so as to reduce the bond for remaining improvements in the Pembrent Subdivision to $400.00 which shall be cash, to cover the cost of remaining improvements in said sub- division; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert and Salvadore. NAYS: None. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #591-61 RESOLVED that, having considered the recommendation of the En- gineering Division, the Final Estimate on Fire Station #4, Brady Plumbing and Heating Co. Inc., is hereby tabled to the next study meeting until waivers of lein have been obtained from the contractor. By Councilman Ponder, seconded by Councilman Daugherty and unanimously adopted, it was #592-61 RESOLVED that, Petition No. V-61, submitted by Herbert G. Smith and Loris M. Hotchkiss under date of July 25, 1961, to vacate the East 130 feet of the east-west alley which runs along the northern boundary of Lots 164 through 170 of Westmore Subdivision, situated in the Southwest 1/4 of Page 4943 Section 3, is hereby referred to the City Planning Commission for action and recommendation according to law and Ordinance No. 29. By Councilman Kleinert, seconded by Councilman Ponder, it was #593-61 RESOLVED that, having considered the recommendation of the Civil Service Commission, dated August 9, 1961, dealing with the Foreman I and II classifications, the Council does hereby concur in the recommendation of such Commission, to be effective as of the first full pay period in the month of April, 1961. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert and Salvadore. NAYS: None. By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #594-61 RESOLVED that, having considered the three separate recommenda- tions from the Civil Service Commission, each dated August 9, 1961, and dealing respectively with recommendations concerning: (a) Rate Adjustment for Chief Inspector; (b) Adjustment of salaries in the Police Department; and (c) Adjustment of salaries in the Fire Department; the Council does hereby determine to take no action at this time on these recommendations, but returns the same to the Civil Service Dommission with the request that the same be included within a full and completely revised classification and rate schedule for the forthcoming (calendar) years which revised schedule has previously been requested by the Council in its resolution #534-61, adopted on August 14, 1961. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #595-61 RESOLVED that,having considered the letter dated August 14, 1961, from Mr. Walter Jaworek, 12725 Stark Road, wherein he requests permission to use certain scrap lumber which will result from the demolishing of two sheds on the Farmington-Lyndon Park site, and having considered the letter from the Director of Public Works, dated August 4, 1961, in connection therewith, the Council does hereby grant permission to the aforementioned individual to obtain and use such debris for his own purposes as requested; provided, however, that Mr. Jaworek shall effect the removal of this material �.. without delaying the Department of Public Works in the demolition of these buildings. item By Councilman Kleinert, seconded by Councilman Daugherty, it was Page 4944 #596-61 RESOLVED that, having considered the report and recommendation Imo of the City Planning Commission, dated September 16, 1959, in regard to Petition No. Z-399 initiated by the Planning Commission on its own motion to determine whether or not Sections 14.02 and 14.03 of the Zoning Or- dinance should be amended so as to preclude all commercial uses in M-1 Distrists, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition No. Z-399 is granted; and the Department of Law is herein instructed to prepare an ordinance amend- ing Ordinance No. 60 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Kleinert and Salvadore. NAYS: Ponder. The Vice President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #597-61 RESOLVED that, having considered the letter from Israel's Evangelistic Missions, Inc., dated August 23,1961, the Council does hereby grant permission to the aforementioned organization to hold a service on Outlot A of the Hearthstone Subdivision on September 3, 1961, at 3:00 P. M., and thereafter. By Councilman Daugherty, seconded by Councilman Ponder and unanimously adopted, it was #598-61 RESOLVED that, the Council does hereby authorize William P. Lindhout, A. I. A. Architect, of 15420 Farmington Road, to prepare pre- liminary plans for renovation and reallocation of space within the City Hall, which alterations will be made necessary by the contemplated moving of the Bureau of Inspection and Water and Sewer Division to the new Water and Sewer Building when the latter is completed; and the Council does hereby request that such preliminary plans be submitted to the Council for its review and consideration as soon as possible. By Councilman Dangherty, seconded by Councilman Ponder and unanimously adopted, it was #599-61 RESOLVED that, a public hearing having been held on August 16, 1961, in connection with a proposed special assessment district for the purpose of installing street lights in Livonia Gardens SUbdivision, situated in Section 22, and before proceeding with further determination in connection with this matter, the Council does hereby authorize the holding of an advisory election by the property owners of the proposed Livonia Gardens Street Lighting Assessment District, and Mr. Robert Bennett, 14540 Auburndale, and Mr. Vincent Whiting, 14676 Berwick, are hereby ap- pointed as Co-Chairmen of the Advisory Election Committee and are requested Page )4945 to proceed with such advisory election in accordance with rules of pro- cedure adopted by the Council on October 17, 1960, for the conducting [61. of such advisory election; and the City Clerk is hereby requested to forward to such co-chairmen a copy of such rules of procedure; and the Engineering Division of the Department of Public Works is hereby requested to provide the Advisory Election Committee with any information which is reasonably necessary in order to inform the people as to the scope of the improvement and its cost. By Councilman Kleinert, seconded by Councilman Ponder, it was #600-61 RESOLVED that, having considered the communication dated August 18, 1961, received from Lybrand, Ross Bros. & Montgomery, which forwarded copies of proposed agreements prepared and submitted pursuant to Council resolution #527-61, adopted on August 14, 1961, by and between the City of Livonia and the firm of Lybrand, Ross Bros. & Montgomery, Certified Public Accountants, Book Building, Detroit 26, Michigan, approved as to form by the City Attorney on August 28, 1961, wherein the said firm agrees to perform certain auditing services for the City for the fiscal year ending November 30, 1961, and certain auditing services for the Water and Sewer Division for the fiscal year ending February 28, 1962, for a mutually agreed upon compensation, the Council does hereby approve of such agreements, and pursuant to Chapter VIII, Section 12 of the City Charter and Section 6 of Ordinance No. 216, the Financial Ordinance, as amended, does hereby designate the firm of Lybrand, Ross Bros. & Montgomery as the City Auditor for the fiscal year 1960-61, to prepare the audit required by the above provisions of law and the afore- mentioned agreements; and the Mayor and City Clerk are herein authorized to execute such agreements for and on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert and Salvadore. NAYS: None. By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #601-61 RESOLVED that, the letter dated August 19, 1'/61, from Lybrand, Ross Bros. & Montgomery, pertaining to the proiosed change in accounting methods for the dater and Sewer Division, is hereby referred to the Finance Committee for report and recommendation. By Councilman Ponder, seconded by Councilman Daugherty, it w as #602-61 RESOLVED that, having considered the letter from the City Treasurer, dated August 2)4, 1961, regarding Special Assessment District No. 11 (Street Lighting in Section 36), the Council does hereby approve of and concur with the recommendations set out in the above letter and authorizes the City Treasurer to place the Special Assessment District No. 11 on the 1961 City tax roll at 25% of the regular yearly assessment Page 4946 rate otherwise established for that district; provided, however, that iorthis action shall not be construed in any way as reducing the assessments levied against the property within such district, except as expressly provided herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert and Salvadore. NAYS: None. By Councilman Daugherty, seconded by Councilman Kleinert, it was #603-61 RESOLVED that, having considered the report and recommendation of the Chief City Engineer, dated August 8, 1961, approved by the Mayor and Director of Public Works, the Council does hereby accept the bid of J. D. Armstrong Landscape Company in the amount of $9,992.00 for the establishment of turf on the Farmington-Lyndon park site property (Contrnct No. 2), which total sum is based on the estimated quantity and unit prices listed in the proposal, subject however to adjustment based on actual quantity used, all in the time and manner set out in the pro- posed and general conditions, such having been in fact the lowest bid received for this work; and the Mayor, City Clerk and Director of Public Works are hereby authorized to do all things necessary and incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert and Salvadore. NAYS:None. By Councilman Ponder, seconded by Councilman Kleinert, it was #604-6l RESOLVED that, having considered the report from the Department of Law, dated August 28, 1961, the Council does hereby authorize the Mayor and City Clerk to execute a warranty deed for three acres of land described as follows: A parcel of land of part of the Southeast 1/4 of Section 12, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, being more particularly described as follows: Beginning at a point in the East and West 1/4 line of said Section 12, measured North 89 degrees 57 minutes 32 seconds West along the East and West 1/4 line of said Section 12, a distance of 707.01 feet from the East V4 corner of Section 12, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan; thence North 89 degrees 57 minutes 32 seconds West and continuing along said East and West 1/4 line of said Section 12, a distance of 174.83 feet; thence South 0 degrees 02 minutes 10 seconds west a distance of 747.47 feet to a point in the North line of Livonia Meadows Subdivision, as recorded in Liber 80, pages 42 and 43 of Wayne County Records; thence 89 degrees 57 minutes 32 seconds East along the North Page 4917 line of said Livonia Meadows Subdivision, a distance of 174.83 feet; thence North 0 degrees 02 minutes 10 seconds East a distance of 747.47 feet to the point of beginning, containing 3.0 acres of land, more or less, subject to t he rights of the public in Curtis Road; to the Livonia Public Schools School District, Wayne County, Michigan, upon receipt of the sum of $18,000.00 from the School Board, 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: Daugherty, Ponder, Kleinert and Salvadore. NAYS: None. Vice President Salvadore relinquished the chair to Councilman Daugherty at 10:01 P. M., and Councilman Dai ghe rty relinquished the chair to Councilman Ponder at 10:10 P. M. By Councilman Kleinert, seconded by Councilman Daugherty, it was RESOLVED that, the City Council does hereby approve of the City of Livonia granting to the Postmaster General of the United States and his assigns an irrevocable option and right to purchase, within 365 days from the execution of the option herein authorized, for the price of $17,000.00, the following parcel of land in the City of Livonia: A parcel of land located in the Northwest 1/4 of Section 22, City of Livonia, being more particularly described as follows: Beginning at a point on the west line of Section 22 distant S. 1° 25' W. 628.00 feet and proceeding thence S. 1° 25' W. along said west line of Section 22, 120.0 feet; thence S. 88° 29' E. 630 feet; thence N. 1° 25' E. 262.22 feet; thence N. 88° 29' W. 330 feet; thence S. 1° 25' W. 142.22 feet; thence N. 88° 29' W. 300 feet to the point of beginning (except the W. 60 feet thereof), 2.648 acres; provided that such option shall be executed on Post Office Department Form 4828 with Option Riders 4828a and 4828b attached; the said riders to provide for (1) 120 day notification and (2) a basic lease of at least 20 years; provided further, that since a portion of the property is being purchased on land contract, it is an express condition of this approval that the City first obtain written assurance from the holder of the sellers' interest in the said land contract that a deed will be released to the City covering such portion of the property, at a price not exceed- ing that to be provided for in the option; and provided further, that upon such assurance being received from the land contract holder, the Mayor and City Clerk are hereby authorized to execute the option to purchase for and on behalf of the City of Livonia and to do all other things reasonably necessary or incidental to the full performance of this resolution. Page 191i.8 Vice President Salvadore resumed the chair at 10:16 P. M. twe A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty and Kleinert. NAYS: Ponder and Salvadore. The Vice President declared the r esolution denied. The following resolution was offered by Councilman Kleinert, seconded by Councilman Daugherty: #605-61 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan, intends to adopt a resolution authorizing issuance and sale of Special Assessment Bonds of the City in the aggregate principal sum of not exceeding One Hundred Thousand ($100,000.00) Dollars; the proceeds of sale thereof to be used for the purpose of paying part of the Special Assessment Districts' share of the cost of the construction of street improvements in Special Assessment Districts Nos. 13, lL and 15. AND WHEREAS, it is necessary to publish a notice of intent to issue bonds in order to comply with the requirements of Section 5(g) of Act 2?9, Public Acts of Michigan, 1909, as amended; NOW, THEREFORE, BE IT RESOLVED THAT: liw 1. The City Clerk is hereby authorized and directed to publish a notice of intent to issue bonds in The Livonian, a newspaper of general circulation in the City of Livonia. 2. Said notice of intent to issue bonds to be in substantially the following form: NOTICE OF INTENT TO ISSUE BONDS PLEASE TAKE NOTICE that the City Council of the City of Livonia intends to adopt a resolution authoriz- ing the issuance and sale of special assessment bonds in the amount of not to exceed $100,030.00 to defray part of the Special Assessment Districts' share of the cost of street improvements in Special Assessment Districts Nos. 13, 14 and 15. Said special asses,;ment bonds, in addition to special assessments, shall pledge the full faith and credit of the City for their payment. This notice is given pursuant to the requirements imp of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended. City Clerk Page 4949 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert and Salvadore. NAYS: None. By Councilman Kleinert, seconded by Councilman Ponder and unanimously adopted, it was #606-61 RESOLVED that,having considered the letter from the Michigan Liquor Control Commission, dated August 2, 1961, and the report and re- commendation of the Director of Public Safetyldated August 28, 1961, in connection therewith, the Council does hereby approve of the request from V. F. Richards, 16565 Merriman Road, for transfer of ownership of 1961 Class C license located at 35085 Plymouth Road, Livonia, from Leo J.and Ann Taylor. On motion of Councilman Kleinert, seconded by Councilman Daugherty and unanimously adolted, this 341st regular meeting of the Council of the City of Low Livonia was duly adjourned at 10:25 P. M., August 28, 1961. e lark, City Clerk