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HomeMy WebLinkAboutCOUNCIL MINUTES 1962-01-08 Page 5128 MINUTES OF THE THREE HUNDRED FIFTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 8, 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 8:36 P. M. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present-- Sydney B. Bagnall, John T.Daugherty, William N. Ponder, Rudolf R.Kleinert, Jack Salvadore and James R. McCann. Absent-- *Austin T.Grant. By Councilman Ponder, seconded by Councilman Daugherty and unanimously adopted, it was #1-62 RESOLVED that, the minutes of the 353rd regular meeting of the Council of the City of Livonia, held December 18, 1961, are hereby approved. By Councilman Kleinert, seconded by Councilman Ponder and unanimously adopted, it was #2-62 RESOLVED that, having considered the communication from the Department of law, dated December 20, 1961, the Council does hereby acknowledge and determine that no further action is necessary in con- nection with previously adopted resolutions #118-58 adopted February 28, 1958, #667-58 adopted October 20, 1958, and #305-59 adopted May 25, 1959. Councilman Kleinert was excused at 8:1i3 P. M. By Counci lman Salvadore, seconded by Councilman Daugherty, it was #3-62 RESOLVED that, having considered the report and recommendation dated December 18, 1,961 from the Director of Public Works, approved by the Mayor, submitted pursuant to resolution #893-61, in connection with the contemplated purchase of new equipment for the Water and Sewer Division, and having also considered the report received January 3, 1962 from the City Auditor in conne ction with the same matter, submitted pur- suant to resolution #91,3-61, the Council does hereby accept the offer and proposal of the Burroughs Corporation for supplying the City with one (1) new Burroughs Dual Printer Water Biller Model F-5301 for the submitted price of $6,366.50, it being the Council 's belief that such machine will more suitably serve the present and future needs of the City service; and the Director of Public Works is hereby requested to implement the administrative practices recommended in the aforesaid auditor's report. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, Daugherty and Ponder. NAYS: Brignall. The President declared the resolution adopted. Page 5129 Councilman Kleinert returned at 8:47 P. M. By Councilman Ponder, seconded by Councilman Kleinert and unanimously adopted, it was #4-62 RESOLVED that, the Council does hereby acknowledge receipt of the communication dated December 18, 1961, from the Director of Public Safety, approved by the Mayor, submitted pursuant to resolution #851-61, and the same is hereby forwarded to the Director of Public Works with the request that Norfolk Avenue between Merriman and Osmms be improved as soon as possible and to the extent that current budget allocations permit. By Councilman Daugherty, seconded by Councilman Salvadore, it was #5-62 RESOLVED that, having considered the report and recommendation dated January 2, 1962 from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby authorize final payment in the amount of 1,*52.27 to Clair pitchy Associates, architects and engineers, 1232 South Woodward, Royal Oak, Michigan, which sum represents the full and complete balance due on a contract dated April 13, 1959, between the aforesaid company and the City of Livonia for archi- tectural services performed in connection with the construction of Fire Station No. 4; 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: Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagpall. NAYS: None. By Councilman Kleinert, seconded by Councilman Salvadore, it was #6-62 RESOLVED that, having considered the report and recommendation dated December 18, 1961 from the Chief City Engineer, approved by the Mayor and Director of Public Works, and having also considered the attached Certificate of Payment and Statement of Account from Clair Ditchy Associates, architects and engineers, the Council does hereby authorize final payment in the amount of $9,383.91 to Meyer Weingarden & Sons, Inc., 4120 Fenkell Avenue, Detroit 38, Michigan, architectural trades contractor, which sum represents the full and complete balance due on a contract dated July 11, 1960 between the aforesaid company and the City of Livonia, for work performed in connection with the construction of Fire Station No. 4; 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: Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. Page 5130 The letter dated December 13, 1)61 from the Department of Law regarding the: Hidden Lane Water Main Installation was received and placed on file for the lbw information of the Council. By Councilman Ponder, seconded by Councilman Kleinert and unanimously adopted, it was #7-62 RESOLVED that, having considered the communication dated Septem- ber 12, 1961, from Mr. Addison D.Connor, wherein he offers to sell certain property to the City of Livonia adjacent to the Grandview Schools the Council does hereby determine not to give any further consideration to the purchase of this property unless the owner can submit a more reasonable offer to the City; and the City Clerk is hereby requested to forward a copy of this resolution, as soon as possible, to Mr. Addison D. Connor, 1881 First National Building, Detroit 26, Michigan, to inform him of this action. *Councilman Austin T. Grant arrived at 8:58 P. M. By Councilman Kleinert, seconded by Councilman Ponder, it was #8-62 RESOLVED that, the Council does herein determine that it is necessary to locate, establish and enclose a drain along the East side of Middlebelt Road from the present terminus of the existing Livonia Drain No. 5 and thence southerly approximately 700 feet, in the City of Livonia, Wayne County, Michigan, T. 1 S., R. 9 LI the estimated cost of which is $33,000.00, and the Council does herein also determine that such project shall be constructed and financed under the provisions of Chapter 20 of Act 40 of the Public Acts of 1956, as amended, and that the entire cost of such project will be assessed at large against the City except that portion representing drainage benefits to public high- ways of the State or County of Wayne, and the Office of the Wayne County Drain Commissioner is hereby requested to prepare and submit to this Council all necessary and proper resolutions and petitions required by the aforementioned Act in connection with the proposed project as soon as is possible in order that the same may be properly adopted and executed; and the City Clerk is hereby requested to immediately transmit certified copies of this resolution to the Office of the Wayne County Drain Commissioner and the legal firm of Miller, Canfield, Paddock and Stone. A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, Ponder, Kleinert and Bagnall. NAYS: Salvadore, McCann and Daugherty. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Grant and unanimonsly adopted, it was Page 5131 #9-62 RESOLVED that, the recommendation dated December 13, 1961 from ims the Department of Law, and the report dated December 18, 1961 from the Chief City Engineer, approved by the Mayor aid Director of Public Works, with respect to the construction of a pedestrian bridge across the Rouge flood plain in Section 1, submitted pursuant to resolution #511-61, are hereby each referred to the Capital Improvement Committee of the Council for its consideration, report and recommendation. By Councilman Salvadore, seconded by Councilman Grant, it was #10-62 RESOLVED that, the Council does hereby acknowledge a communica- tion received December 4, 1961, containing a tabulation of the votes cast in a Special Advisory Election on street lighting in Livonia Meadows Sub- division, signed and certified by the members of the election committee and umpire, which tabulation indicates an affirmative vote of 149 and a negative vote of 81; and the Council therefore determines no necessity for street lighting in the aforementioned subdivision and hereby rescinds each and every resolution heretofore adopted in connection with such special assessment proceedings; and does hereby authorize the payment of $25.00 to Rev. Jay P. Coulton, 15186 Surrey Road, Livonia, Michigan, for his services as umpire as specified by the Council Rules of Procedure on Advisory Elections; and authorizes that such sum shall be paid out of the Contractual Services Account of the Council Budget; and the Council takes this means to express its sincere appreciation to the election committee and its umpire for a job well done and for assisting the City ism Council in arriving at a fair and meaningful decision with respect to the proposal to install street lights in Livonia Meadows Subdivision. A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. Councilman Salvadore was excused at 9:04 P. M. By Councilman Grant, seconded by Councilman Daugherty and unanimously adopted, it was #11-62 RESOLVED that, having received the report and recommendation dated December 12, 1961, from the Chief City Engineer, approved by the Mayor and Director of Public Works, regaling a proposed assessment district for the paving of West Chicago between Merriman and Hubbard Roads, submitted pursuant to resolutions #531-60 and #660-61, the Council does hereby refer the same to the Streets, Roads and Plats Committee of the Council for its report and recommendation. By Councilman Grant, seconded by Councilman Kleinert and unanimously adopted, it was #12-62 RESOLVED that, having considered the communication dated Decem- ber 28, 1961 from the Chief City Engineer, approved by the Mayor and Page 5132 Director of Public Works, regarding a certain drainage problem on Lot 36 imm of Bell Creek Estates Subdivision, submitted pursuant to resolution #636-61, the Council does hereby refer the same to the Water and Sewer Committee of the Council, for its consideration, report and recommendation. Councilman Salvadore returned at 9:12 P. M. The resolutions submitted by the Department of Law regarding issuance of bonds for Special Assessment Districts No. 13, 14 and 15, were removed from the agenda to the next meeting of the Council. By Councilman Ponder, seconded by Councilman Daugherty, it was #13-62 RESOLVED that, having received the report and recommendation of the City Planning Commission, dated December 21, 1961, in connection with Petition No. 2-521 initiated by the Planning Commission pursuant to Council resolution #561-61, the Council does hereby refer the same to the Legis- lative Committee of the Council for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, Salvadore, Daugherty and Ponder. NAYS: McCann, Kleinert and Bagnall. imm The President declared the resolution adopted. At 9:114 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, including Councilman Grant. By Councilman McCann, seconded by Councilman Salvadore, it was #114-62 RESOLVED that, having considered the report and recommendation dated December 13, 1961 from the City Planning Commission in regard to Petition No. Z-530 initiated by the City Planning Commission on its own motion for change of zoning in the S. E. 1/4 of Section 2 from RUFB and R-1-A to C-2, the Council does hereby reject the recommendation of the City Planning Commission and the said Petition No. Z-531 is hereby denied without prejudice. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, Daughertty and Kleinert. NAYS: Grant, Ponder and Bagnall. The President declared the resolution adopted. By Councilman Salvadore, seconded by Councilman McCann and unanimously adopted, it was Page 5133 #15-62 RESOLVED that, Petition No. Z-532 and Petition V-62 are hereby tabled to the next regular meeting of the Council. By Councilman Ponder, seconded by Councilman Salvadore, it was #16-62 RESOLVED that, Carey Homes, Inc., 10333 West McNichols Road, Detroit 31, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Bretton Gardens Subdivision No. 2, located in part of the Southeast 144 of Section 2, City of Livonia; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of September 19, 1961; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Department of Public Works under date of December 28,1961; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said pro- prietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: $58,000.00, of which at least $5,800.00 shall be in cash; and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) That the proprietor submit to the City Engineer as-built plans of all improvements installed in the subdivision, on cloth reproducible material; (5) On full compliance with the above conditions and with the pro- visions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval; Provided, however, that Melvin Avenue shall be paved from the southern boundary of the property to St. Martins Avenue. A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. Page 5134 By Councilman Salvadore, seconded by Councilman McCann and unanimously adopted, it was #17-62 RESOLVED that, Golfview Meadows Subdivision is hereby referred back to the Planning Commission for more specific information as to the exact area platted. By Councilman Ponder, seconded by Councilman Salvadore, it was #18-62 RESOLVED that, G. H.Pastor Development Company, 25544 Plymouth Road, Detroit 39, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Kimberly Oaks Estates Subdivision No. 3, located in part of the Southwest 1/14 of Section 22, City of Livonia, Michigan; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under dalE of October 20, 1959; and it further appearing that said proposed plat, together with the plans and specifications for im- provements therein have been approved by the Department of Public Works under date of December 28, 1961; the City Council does hereby approve said proposed plat on the foliating conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Itvonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily inatalled until there is filed with the Council a Certificate as provided in Section 114 of said Ordinance No, 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said proprietors ab and to the City of Livonia, in such form as may be approved by the City Attorney, and in the foliating amount: $143„000.00, of which at least $10,000.00 shall be in cash; and until all inspection fees and other charges due to the City of Livonia have been fully paid; (0 That the proprietor submit to the City Engineer as-built plans of all improvements installed in the subdivision, on cloth reproducible material; (5) On full compliance with the above conditions and with the pro- visions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, Salvadore, McCann, Daugherty, Fonder, Kleinert and Bagnall. NAYS: None. Page 5135 By Councilman Daugherty, seconded by Councilman Salvadore and unanimously lbw adopted, it was #19-62 RESOLVED that, having considered the report and recommendation dated December 28, 1961, from the Chief City Engineer, approved by the Mayor, in connection with the dividing of the proposed plat of Lawr-El Subdivision No. 2 previously approved by the Council, and in order to accomplish such purpose, the Council does hereby rescind its resolution #692-61 adopted on October 9, 1961. By Councilman Salvadore, seconded by Councilman Grant, it was #20-61 RESOLVED that, Gordon Begin C ompany, 15944 West Meichols Road, Detroit 35, Michigan, as proprietors, having requested the City Council to approve the proposed platoof the following Subdivision: Lawr-El Sub- Division No. 2, located in part of the Southwest 1,/4 of Section 21I,City of Livonia; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of July 21, 1959; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Department of Public Works under date of December 28, 1961; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with Plat Ordinance (No. 135) as amended, of the City of Livonia, and the ium rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution. (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section ]J4 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said pro- prietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: $145,000.00, of which at least $10,000.00 shall be in cash; and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) That the proprietor submit to the City Engineer as built plans of all improvements installed in the subdivision, on cloth reproducible material; tio (5) On full compliance with the above conditions and with the pro- visions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. Page 5136 A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman Kleinert, it was #21-62 RESOLVED that, Gordon Begin Company, 15944 West McNichols Road, Detroit 35, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Lawr-El Sub- division No. 3, located in part of the Southwest 1/4 of Section 24, City of Livonia; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of July 21, 1959; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have b een approved by the Department of Public Works under date of December 28, 1961; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No.135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public corks, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improvements iwr shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 1)4 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said pro- prietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amounts $10,000.00, of which at least $1,000.00 shall be in cash; and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) That the proprietor submit to the City Engineer as-built plans of all improvanents installed in the subdivision, on cloth reproducible material; (5) On full compliance with the above conditions and with the pro- visions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. Iwo A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. Page 5137 By Councilman Ponder, seconded by Councilman Salvadore and unanimously adopted, it was #22-62 RESOLVED that, having considered the report and recommendation dated December 26, 1961, from the Chief City Engineer, approved by the Director of Public hlorks and Mayor, in connection with dividing the pro- posed plat of the Mar-Git Subdivision previously approved by the Council, and in order to accomplish such purpose, the Council does hereby rescind its resolution #/497-60 adopted on August 22, 1960. By Councilman Kleinert, seconded by Councilman Salvadore, it was #23-62 RESOLVED that, Gordon Begin Company, 15944 West McNichols Road, Detroit 35, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Mar-Git Sub- division, located in part of the Southwest 1/4 of Section 24, City of Livonia; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of July 21, 1959; and it further appearing that said proposed plat, together with the plans and specifica- tions for improvements therein, have been approved by the Department of Public Works under date of December 26, 1961; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said pro- prietors a b and to the City of Livonia, in such form as may be ap- proved by the City Attorney, and in the following amount: $12,000.00, of which at least $1,300.00 shall be in cash; and until all inspection fees and other charges due to the City of Livonia have been fully paid; (14) That the proprietor submit to the City Engineer as built plans of all improvements installed in the subdivision, on cloth reproducible material; (5) On full compliance with the above conditions and with the pro- visions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. Page 5138 A roll call vote was taken an the foregoing resolution with the following result: AYES: Grant, Salvadore, McCann, Ponder, Kleinert and Bagnall. NAYS: Daugherty. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Salvadore, it was #24-62 RESOLVED that, Gordon Begin Company, 15944 West McNichols Road, Detroit 35, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Mar-Git Sub- division No. 2, located in part of the Southwest 1/L of Section 24, City of Livonia; and it appearing that tentative approval of said proposed plat was given by t he City Planning Commission under date of July 21, 1959; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Depart- ment of Public Works under date of December 26, 1961; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; imw (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No.135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said proprietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: $5,600.00, of which at least $1,000.00 shall be in cash; and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) That the proprietor submit to the City Engineer as built plans of all improvements installed in the subdivision, on cloth reproducible material; (5) On full compliance with the above conditions and with the pro- visions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, Salvadore, McCann, Ponder, Kleinert and Bagnall. NAYS: Daugherty. The President declared the resolution adopted. Page 5139 By Councilman Salvadore, seconded by Councilman Grant and unanimously adopted, it was #25-62 RESOLVED that, having considered the report and recommendation dated December 28, 1961, from the Chief City Engineer, approved by the Mayor and Director of Public Works, in connection with dividing the pro- posed plat of the Gordon Begin Park Subdivision previously approved by the Council, and in order to accomplish such purpose, the Council does hereby rescind its resolution #496-60, adopted on August 24 1960. By Councilman McCann, seconded by Councilman Grant, it was #26-62 RESOLVED that, consideration of Gordon Begin Park Subdivision and Gordon Begin Park Subdivision No. 2 is hereby tabled to the next regular meeting of the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, McCann, Daugherty and Ponder. NAYS: Salvadore, Kleinert and Bagnall. The President declared the resolution adopted. By Councilman Grant, seconded by Councilman Ponder, it was iir #27-62 RESOLVED that, having considered the report and recommendation dated December 26, 1961 from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby amend Item No.3 of resolution #719-59 adopted on November 9, 1959, as subsequently amended by resolutions #730-61 adopted on October 23, 1961, #796-61 adopted on November 13, 1961 and #912-61 adopted on December 18, 1961, so as to reduce the bond for remaining improvements in Mari-Lynn Farms Subdivision No. 5 to $3,600.00 to cover the cost of remaining improvements in said subdivision, and the bond now on deposit with the City, if any, shall be reduced accordingly; and the City Clerk and City Treasurer 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: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. By Councilman Ponder, seconded by Councilman Kleinert, it was #28-62 RESOLVED that, having considered the report and recommendation dated December 28, 1961, from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby amend Item No. 3 of resolution #327-58 adopted on May 26, 1958, as subsequently amended by resolutions #758-58 adopted on November 23, 1958 and #552-60 adopted on September 12, 1960, so as to reduce the bond for remaining improvements in Koloff's Greenbriar Meadows Subdivision No. 3 to $1,800.00 to cover the cost of remaining improvements in said subdivision, and the bond now on Page 5140 deposit with the City, if any, shall be reduced accordingly and the liability of the bonding company shall be limited to said amount; and iis the City Clerk and City Treasurer 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: Grant, Salvadore, McCann, Ponder, Kleinert and Bagnall. NAYS: Daugherty. The President declared the resolution adopted. By Councilman Ponder, seconded by Councilman Grant, it was #29-62 RESOLVED that, having considered the report and recommendation dated December 26, 1961 from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby amend Item No. 3 of resolution #696-59 adopted on November 9, 1959, as subsequently amended by resolution #798-61 adopted on November 13, 1961, so as to reduce the bond for remaining improvements in Country Homes Estates Sub- division to $92,000.00 to cover the cost of remaining improvements in said subdivision, and the bond now on deposit with the City shall be reduced accordingly and the liability of the bonding company shall be limited to said amount; and the City Clerk and City Treasurer 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: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. By Councilman Grant, seconded by Councilman Salvadore, it was #30-62 R6 OLVED that, having considered the report and recommendation dated December 28, 1961 from the Director of Public Safety, approved by the Mayor, the Council does hereby accept the bid of Tennyson Chevrolet, Inc., for supplying the City with one (1) 1/2 Ton Panel Truck with auxiliary right-hand front seat for the submitted price of $2,138.88, (and a $200 trade-in allowance) such having been in fact the lowest bid received for this item; and does hereby accept the bid of Murphy Motor Sales for supplying the City with one (1) Lancer, Four-Door Sedan for the submitted price of $1,549.79 (and a $250.00 trade-in allowance) such having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, McCann,Daugherty, Ponder, Kleinert and Bagnall. NAYS: Salvadore. The President declared the resolution adopted. Page 5141 By Councilman Kleinert, seconded by Councilman Ponder and unanimously ims adopted, it was #31-62 REJOLVED that, the Council does hereby acknowledge receipt of a communication dated December 29, 1961, from Keasbey & Mattison Company, Ambler, Pennsylvania, in connection with transite pipe bid proposals and instructions, and does hereby refer the same to the Budget Director for the purpose of reviewing such letter and submitting a reply to the afore- said company. By Councilman Salvadore, seconded by Councilman Grant and unanimously adopted, it was #32-62 RESOLVED that, having considered the communication dated Decem- ber 29, 1961 from the Checker Cab Company of Livonia, and having considered also the affidavit attached thereto, dated December 28, 1961, executed by Warren Bromley, proprietor of the Tri-City Veterans Cab Company, the Council does hereby reject and discontinue the taxicab license previously granted to the Tri-City Veterans Cab Company, and in this connection also rescinds its previous resolutions #428-59 adopted on July 13, 1959, #627-60 adopLed on October 17, 1960, and all other resolutions heretofore adopted which granted to any extent whatsoever any licenses, authoriza- tions or approvals to the aforesaid Tri-City Veterans Cab Company. 16. By Councilman Daugherty, seconded by Councilman Grant and unanimously adopted, it was #33-62 RESOLVED that, having considered the request dated December 29, 1961, from the Checker Cab Company of Livonia, the Council does hereby approve of transferring to the Checker Cab Company of Livonia, permission to operate the four (4) taxicabs which were previously authorized for the use of the Tri-City Veterans Cab Company and, in this connection, does herein authorize the said Checker Cab Company ofLkivonia to operate four (4) additional taxicabs within the City of Livonia, it being the determination of the Council that such additional taxicab service is necessary for the public convenience; provided, however, that the aforementioned licensee shall pay the required license fee for the additional taxicabs and comply in every respect with all the provisions of the Taxicab Ordinance, Or- dinance No. 166, as amended; and the City Clerk and the Police Department are herein authorized to do all things necessary or incidental to the full performance of this resolution. By Councilman Salvadore, seconded by Councilman Kleinert and unanimously adopted, it was #34-62 RESOLVED that, having considered the recommendation dated Decem- ber 26, 1961 from the Civil Service Commission regarding full payment of existing riospitalization and life insurance plans, the Council does hereby refer the same to the Finance Committee for its report and recommendation, and to the Budget Director for an estimate as to the additional cost to the City if such recommendation is approved. Page 5142 By Councilman Daugherty, seconded by Councilman Grant and unanimously adopted, it was #35-62 RESOLVED that, having considered the letter dated December 8, 1961 from the Parks and Recreation Commission, approved for submission by the Mayor, with respect to the inadequacy of the current budget, the Council does hereby refer such letter to the Mayor for his recommendation as to modification in the current budget which would accommodate the request of the Recreation Commission; provided, however, that the Middlebelt Road Improvement Account not be included or affected by any of the Mayor's recommendations in this connection. By Councilman Daugherty, seconded by Councilman Grant and unanimously adopted, it was #36-62 RLSOLVED that, having considered the report and recommendation dated December 7, 1961, from the Chief City Engineer, approved by the Mayor and Director of Public Works, submitted pursuant to resolution #99-61, the Council does hereby authorize the Engineering Division to advertise for and receive bids for the construction of a service building to be erected on the Farmington-Lyndon Park Site in accordance with all the plans and specifications attached to the aforementioned report. Councilman Grant was excused at 10:34 P. M. The request for extension of approval for Curtis Acres Subdivision was removed from the agenda to the next meeting of the Council. By Councilman Kleinert, seconded by Councilman Ponder, it was resolved that #37-62 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 enclosed drain together utth necessary appurtenances, the location and route of the drain to be as follows: Beginning in the Bell Creek adjacent to the east line of lot 118 of Green Brier Estate Subdivision No. 2 of part of the NW 1/4 of Section 15, City of Livonia, Wayne County, Michigan; thence northerly along a line west of and adjacent to said east line of lot 118 and northerly in Mayfield Drive a distance of approximately 2100 feet to Six Mile Road; thence easterly in Six Mile Road a distance of approximately 1150 feet to Hubbard Road. AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for public health, the State of Page 51143 Michigan for drainage of state highways, and the County of Wayne for the 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 1486 of the said Act )40, Public Acts of Michi- gan, 1956, as amended, provides as follows: Sec. 1486. 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, viii aEe 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, THEREBO ;, 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 140, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the pre- amble hereof, and does hereby consent to the icc ation, establishing and constructing of said drain pursuant to said Chapter 20 of Act 140, Pub .ic 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 City Clerk are hereby authorized and directed to sign for and on behalf of the City of Lci.vonia 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 result: AYES: Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman Ponder, it was resolved that #38-62 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 enclosed drain together with necessary appurtenances, the location and route of the drain to be as follows: Page 511111 Beginning in the Bell Creek at Merriman Road, thence northerly in Merriman Road a distance of approximately 2300 feet to Six Mile Road; thence northerly in Merriman Road a distance of approximately 1150 feet to the exist- ing ditch. AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for public health, the State of Michi- gan for drainage of State highways, and the County of Wayne for the drainage of County highways; AND 'WHEREAS, Chapter 20 of Act 40, Pub4ic 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 440, Public Acts of Michi- gan, 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 RE)LV D 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 locati on, establishing and constructing of the drain set forth in the preamble hereof, and does hereby consent to the location, es tab lis hing and constructing of laid 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 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 petitions 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 votewas taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, Daigherty, Ponder, Kleinert and Bagnall. NAYS: None. Page 5145 By Councilman Kleinert, seconded by Councilman Salvadore, it was resolved that #39-62 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 beginning in the Bell Creek in lot #602 of Supervisor's Livonia Plat #10 in Section 15, City of Livonia, Wayne County, Michigan, at a point approximately 70 feet west of the west property line of Merriman Road; thence northwesterly approximately 620 feet and westerly approximately 840 feet on lots #602, 580 and 579 of said Supervisor's Livonia Plat #10; thence an enclosed drain extending northerly approximately 130 feet adjacent to the east line of lot #581 of said Supervisor's Livonia Plat #10; thence westerly approximately 1300 feet adjacent to the north line of said lot #581 to Hubbard Road; thence southerly in Hubbard Road a distance of approximately 320 feet. AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for public health, the State of Michigan for drainage of State highways, and the County of Wayne for the 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 1486 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, THERIFORE, 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 1.4o, 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 constructing of Said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. Page 5146 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praTing 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 result: AYES: Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. By Councilman Salvadore, seconded by Councilman Ponder and unanimously adopted, it was #140-62 RESOLVED that, Petition No. V-65 submitted by Mr. Merwin Grosberg, 13430 Fenkell, Detroit 27, Michigan, for the vacating of a certain portion of Hamlin Court in Argonne Annex Subdivision, is hereby referred to the City Planning Commission for a report and recommendation pursuant to the provisions of Ordinance No. 29, as amended. Councilman Grant returned at 10:48 P. M. The resolution instructing the Department of Law to defer action on previously adopted resolution #890-61, regarding park sites, was withdrawn from the agenda. By Councilman Grant, seconded by Councilman Daugherty, it was resolved that #41-62 WHEREAS, the City Council over a period of years has been re- ceiving requests and petitions from many interested citizens and civic organizations pointing out the necessity for the City of Livonia to acquire lands throughout the City for recreational and playground purposes; and WHEREAS, the City Council has in past years authorized the acquisition of lands for such purposes from time to time to the extent that the then existing financial condition would permit; and WHEREAS, the City Council has determined that there is a present immediate and urgent necessity for the City to acquire lands throughout the City for recreational and playground purposes while such lands are still available and to develop, maintain and operate such lands for recreational and playground purposes; and V WHEREAS, the City Council has determined that in order to acquire, develop, maintain and operate such lands for recreational and playground purposes, it is necessary to levy and collect a tax of one-half (1/2) Page 5].1.7 mill on all real and personal property subject to taxation in the City, in addition to the amount authorized for general municipal purposes; and WHEREAS, the Council has determined to submit such proposed Charter amendment to the electorate at the Regular City Election to be held on Monday, April 2, 1962; NOW, THEREFORE, BE IT RESOLVED that, the City Council of the City of Livonia by a three-fifths (3/5) vote of the members elect and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of Michigan of 1909, as amended, does hereby propose that there be submitted to the electors of such City at the Regular City Election to be held on Monday, April 2, 1962, the following amendment to the City Charter: PROPOSED CHARTER AMENDMENT Chapter VIII, Section 1. Section 1. Power to Tax; Tax Limit. The City shall have power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to ai nually levy and collect taxes each year for a period of three (3) years, commencing on December 1, 1962 in an amount not exceeding one-twentieth (1/20) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing revenues to acquire, develop, maintain and operate lands in the City for recreational and playground purposes. All Charter provisions or acts, or parts of acts, in conflict herewith are hereby repealed or altered accordingly. That the existing Charter provision which would be altered or abrogated by the foregoing amendment is Section 1 of Chapter VIII; that Monday, April 2, 1962, is hereby designated as the date for holding an election on said proposed amendment and question; that a certified copy of said proposed amendment and this resolution be forthwith transmitted by the City Clerk to the Governor of Michigan for his approval; that a certified copy of said proposed amendment and this resolution be forth- with transmitted by the City Clerk to the Attorney General for his approval of the Statement of Purpose and form of ballot as required by Act 117, Public Acts of 1955; that the City Clerk shall promptly and fully comply with all of the provisions of' Section 21 of said Act 279, as amended, and shall do and perform all acts required by State law and the Charter of the City of Livonia relative to the calling and holding of such election, the giving of notice thereof, the registration of electors, the preparation of ballots therefor, and the making of all necessary arrangements for such election; that blank paper ballots and voting machines for the use of electors at such election shall be in substantially the following form: Page 5148 BALLOT INSTRUCTIONS: A cross (x) in the squarel, _lbefore the word "YESH is in favor of the proposed amendment to the City Charter and a cross (x) in the squarel _ibefore the word MOH is against the proposed amendment. Before leaving the booth, fold the ballot so that the initials of the inspector may be seen on the outside. CHARTER AMENDMENT PROPOSAL NO. 1 Shall Section 1 of Chapter VIII of the Charter of the City of Livonia be amended so as to authorize the City to levy and collect each year for a period of three (3) years, commencing on December 1, 1962, a tax of not to exceed one-half (1/2) mill for the sole and exclusive purpose of providing revenues with which to acqui_re, develop, maintain and operate lands in the City of Livonia for recreational and playground purposes? J YES L NO That the said proposed Charter amendment shall be published in full with existing Charter provisions which would be altered or abrogated thereby; that said proposed amendment, in full, shall be posted in a conspicuous place in each polling place; and that the canvass and determination of the votes on said proposed amendment shall be made in accordance with the laws of the State of Michigan. The form of notice of said Charter amendment to be posted and published shall be as follows: PLEASE TAKE NOTICE THAT AT THE REGULAR CITY ELECTION TO BE HELD IN THE CITY OF LIVDNIA ON MONDAY, APRIL 20 1962, THE FOLLOWING CHARTER. AMENDMENT PROPOSITION WILL BE SUBMITTED TO VOTE OF THE QUALIFIED ELECTORS OF THE CITY: CHARTER AMENDMENT PROPOSAL ND. 1 Shall Section 1 of Chapter VIII of the Charter of the City of Livonia be amended so as to authorize the City to levy and collect each year for a period of three (3) years, commencing on December 1, 1962, a tax of not to exceed one-half (1/2) mill for the sole and exclusive purpose of providing revenues with which to acquire, develop, maintain and operate lands in the City of Livonia for recreational and playground purposes? Lii YES NO Page 5149 PLEASE TAKE NOTICE THE FOLLOWING IS THE EXISTING CHARTER PROVISION THAT WILL BE ALTERED OR ABROGATED BY THE FOREGOING PRO1OSED CHARTER AMENDMENT: Chapter VIII, Section 1. Power to Tax; Tax Limit. The City shall have power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1,/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City. That in the event the foregoing proposed Charter amendment is approved by the electorate at said Regular City Election, Chapter VIII, Section 1 will read as follows: Chapter VIII, Section 1. Power to Tax; Tax Limit. The City shall have power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1,/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year for a period of three (3) years, commencing on December 1, 1562, in an amount not exceeding one-twentieth (1/20) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing revenues to acquire, develop, maintain and operate lands in the City for recreational and playground purposes. A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. By Councilman Grant, seconded by Councilman McCann, it was #42-62 RESOLVED that, the period within which taxes due December 1, 1961, may be paid without penalty, is hereby extended until 5:00 o'clock P. M., Wednesday, February 28, 1962. A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. ItoOn motion of Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, this 354th regular meeting of the Council of the City of Livonia was duly adjourned at 11102 P. M., January 8, 1962. - 'e .Clark, City Clerk