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HomeMy WebLinkAboutCOUNCIL MINUTES 1961-01-23 Page 4661 MINUTES OF THE THREE HUNDRED TWENTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 23, 1961, 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 6:35 P. M. Councilman Grant delivered the invocation. Roll was called with the following result: Present-- Sydney B.Bagnall, John T. Daugherty, William N. Ponder, Rudolf R. Kleinert, Austin T.Grant, Jack Salvadore and James R. McCann. Absent-- None. By Councilman Kleinert, seconded by Councilman Ponder and unanimously adopted, it was #27.61 RESOLVED that, the minutes of the 326th regular meeting of the Council of the City of Livonia held January 9, 1961, are hereby approved. By Councilman Daugherty, seconded by Councilman McCann, it was RESOLVED that, the Assistant City Attorney, Mr. Charles Pinto, be assigned by the Mayor to represent the view as stated in a letter of January 23, 1961, from Councilman John T. Daugherty, to take legal action against the County Assessor, and the City Assessor, and any other parties thereto, based upon existing inequities and the equity of the formula used for the assessment. By Councilman Kleinert, seconded by Councilman Grant, it was #28-61 RESOLVED that, the request of Couhcilma.n Daugherty to take legal action against the County Assessor and City Assessor be tabled until the next regular meeting of the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Kleinert, Grant, Salvadore and Bagnall. NAYS: McCann and Daugherty. The President declared the resolution adopted. At 9:10 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 meetings except Councilman McCann who returned at a later time. The letter from the Mayor, dated January 9, 1961, regarding compensation for the Director of i'ublic Safety, was removed from the agenda. Page 4662 Councilman McCann returned at 9:26 P. M. By Councilman Kleinert, seconded by Councilman Grant and unanimously adopted, it was #29.61 RESOLVED that, the following matters are hereby referred respectively for report and recommendation to the following boards and committees: (a) The report of the Water and Sewer Board dated January 12, 1961, submitted pursuant to resolution #517-60, regarding the proposed Middle Rouge Drainage District is hereby referred to the Water Supply, Drainage, Sewage and Waste Disposal Committee of the Council; (b) The letter dated January 4, 1961, from the Wayne County Board of Public Works regarding the financing of such sewage disposal system is hereby referred to the Water Supply, Drainage, Sewage and Waste Disposal Committee of the Council; and (c) The Water and Sewer Board is hereby requested to review the existing method of preparing water bills and to submit a report recommending methods of billing which might be more easily under- stood by water users. By Councilman Kleinert, seconded by Councilman Salvadore and unanimously adopted, it was #30-61 RESOLVED that, having considered the report and recommendation of the Chief City Engineer dated January 9, 1961, approved of by the Mayor and the Director of Public Works, and the plan dated November, 1960, en- titled "Study of Project 7" prepared by Hubbell, Roth & Clark, and it being the determination of the Council that the drainage improvement referred to and described therein is necessary for the public health of the City of Livonia, the Council does herein determine that it is necessary to locate, establish, construct and enclose that portion of the drain referred to and described in the aforementioned communication and plan, the estimated cost of which is $75,000.00, and the Council does herein also determine that such project shall be constructed and financed under the provisions of Chapter 20, Act 40 of the Public Acts of Michigan, 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 highwa4Ys of the State or County of Wayne, and further 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 afore- mentioned 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 aid the legal firm of Miller, Canfield, Paddock and Stone, together with a copy of the communication and plan first referred to above. By Councilman Daugherty, seconded by Councilman Grant and unanimously adopted, it was Page 4663 #31-61 RESOLVED that, having considered the request dated December 10, 1960, from certain residents of Newburgh Estates Civic Association, and the report and recommendation from the Director of Public Safety dated December 26, 1960, the Council does herein authorize and request the City Clerk to make application to The Detroit hdison Company, on forms provided by such company, for the installation of a street lamp of suitable lumen strength to be installed at the intersection of Newburgh Road and Grantland Street, such intersection being located in the City of Livonia* it being the determination of the Council that such intersection requires lighting in order to protect the public safety of the residents of this community. By Councilman Kleinert, seconded by Councilman Ponder and unanimously adopted, it was #32-61 RESOLVED that, the Council having adopted resolution #655-60 at its regular meeting held on November 14, 1960, requiring the City Engineer to ascertain the assessed valuation of all property affected by the pro- posed improvement of Brookfield Avenue between Plymouth Road and West Chicago Road in the N. W. 1/4 of Section 34, City of Livonia, by the in- stallation of concrete pavement and curbs, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare or cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recom- mendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the land which should be included in the proposed special assessment d is trict, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Ehgineer with the City Clerk under date of January 12, 1961, and that there has been a full compliance with all of the provisions of Section 6 of Ordinance No. 31, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Thursday, March 2, 1961, at 8:00 P. M., as the date and time for a public hearing on such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Sections 8 and 9 of said Or- dinance No. 31, as mended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 7 of this ordinance. An Ordinance to Establish the Sessions for the Municipal Judge; the Hours and Place of Holding Court; to Provide for the Regulation of Hearing Dates; to Establish Jurisdiction of Civil Actions; and to Provide for the Appointment and Compensation of a Substitute Municipal Judge, introduced on January 9, 1961, by Councilman Ponder, was taken from the table and a roll call vote conducted thereon with the following results Page 1664 AYES: McCann, Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall. NAYS: None. The President declared the Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 11.02 of Article 11.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," introduced on January 9, 1961, by Councilman Daugherty, was taken from the cable and a roll call vote conducted thereon with the following results AYES: McCann, Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall. NAYS: None. The President declared the Ordinance duly adopted and would become effective on publication. By Councilman Salvador e, seconded by Councilman McCann and unanimously adopted, it was #33-61 RESOLVED that, the following matters are hereby referred respectively for report and recommendation to the following boards, committees and departments: 1. The letter from the Senior Citizens Club of Livonia dated January 9, 1961, regarding larger and safer quarters in which to meet is referred to the Capital Improvement Committee of the Council; 2. Letter from the Beverly Gardens Civic Association dated January ii, 1961, regarding transportation of children to Bryant Junior High School is referred to the School Board and City Council Joint Committee, and to the Engineering Division of the Department of Public Works; 3. Letter from the Livonia Public Schools, dated January 9, 1961, regarding the unfinished half of Huboard Road from Bretton Drive to Pembroke is referred to the School Board and City Council Joint Committee; I . Letter from the Mayor dated January 17, 1961, regarding application of Alfred H. Smith for position of Industrial Coordinator is referred to the Finance Committee; 5. The communicajion from Rooert Sasser dated January 5, 1961, regard- ing program for Industrial Development is referred to the Finance Committee; and Page 4665 6. The proposed Ordinance amending Ordinance No. 12, and the proposed Ordinance regarding Civil Defense, both submitted by the Department of Law on January 18, 1961, are hereby referred to the Legislative Com- mittee. The letter from Fairview Hills, Inc., dated January 10, 1961, regarding sewer ban removal and the letter dated January 10, 1961 from the Wayne County Drain Commissioner regarding status of drainage projects in the City of Livonia were re- ceived and placed on file for the future reference of the Council. By Councilman Daugherty, seconded by Councilman Salvadore, it was #34-61 RESOLVED that, having considered the report and recommendation of the Chief City Engineer dated January 12, 1961, approved of by the Mayor and the Director of Public Works, the Council does herein authorize payment to the Contractors General Company, 14744 Fenkell, Detroit 27, Michigan, of $15,338.09, which sum represents the final payment and balance due on a contract by and between that company and the City of Livonia dated October 27, 1959, for the construction of Fire Station No. 3 at Seven Mile Road and Farmington Road, it appearing from the aforementioned report that all work has been satisfactorily performed and completed in accordance with the plans and specifications, rules and regulations of the City of Livonia, and that the Contractor has filed with the City the required Declaration, Affidavit and Surety Release, and the Director of Public Works, City Clerk and City Treasurer are herein authorized to do all things necessary to the full performance of this resolution; provided, haaever, that such release is subject to payment by Contractors General of the sum of $66.26 to the Water Department of the City of Livonia for water used on the job. A roll call vote was taken on the foregoing resolution with the following results AYES: McCann, Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall. NAYS: None. By Councilman Grant, seconded by Councilman McCann and unanimously adopted, it was #35-61 RESOLVED that, having considered the request from William P. Lindhout, Architect, dated January 12, 1961, with respect to the nature and extent of City improvements in the proposed Tall Trees Subdivision to be situated in the N. E. 1/4 of Section 8, City of Livonia, and pursuant to the provisions of the Plat Ordinance, Ordinance No. 135, as amended, particularly Section 13 thereof, the Council does hereby authorize the installation of streets with stone base and asphaltic concrete to a width of 27 feet on Curtis Avenue and to a width of 24 feet on the cul-de-sac, as shown on the proposed plat; provided, however, that this departure from the provisions of the aforementioned Plat Ordinance is subject to the final approval of construction specifications by the Engineering Division of the Department of Public Works. Page 4666 By Councilman Grant, seconded by Councilman Ponder and unanimously adopted, it was #36-61 RESOLVED that, having considered the recommendation of the City Planning Commission dated January 6, 1961, on Petition V-58 in regard to the vacating of the alley located at the rear of Lots 103 through 143, inclusive, and Lots 186 through 205, inclusive, of the Garden Grove Sub- division in the Northwest 1/4 of Section 10, the Council does hereby concur with such recommendation and Petition V-58 is hereby approved and the Department of Law is requested to prepare a vacating ordinance in accordance with this resolution. By Councilman Daugherty, seconded by Councilman Salvadore and unanimously adopted, it was #37-'1 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated January 6, 1961, in regard to Petition Z-) 82 submitted by Clarence Charest for change of zoning in the Northwest 1/4 of Section 12 from RUFB to R 1-A, the Council does hereby concur in said recommendation and said Petition Z-482 is hereby approved, and the Department of Law is instructed to prepare an ordinance amehding Ordinance No. 60 in accordance with this resolution. By Councilman Salvadore, seconded by Councilman McCann and unanimously adopted, it was #38-61 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated January 17, 1961, in regard to Petition Z-1i85 submitted for change of zoning in the Northeast 1/4 of Section 31 from R-1-A to PS, the Council does hereby deny such request and the said Petition Z-485 is hereby denied for the following reasonss (1) that the requested zoning is not in harmony with the existing zoning and uses of the surrounding community; (2) that the uses permitted in the requested zoning district would or would be likely to interfere with the peaceful use and enjoyment of the nearby existing residential properties; and (3) that the Council hereby determines that there is sufficient commercial zoning at this particular location to suit the present needs. By Councilman McCann, seconded by Councilman Daugherty and unanimously adopted, it was #39-61 RESOLVED that, the letter from the Budget Director dated Decem- ber 12, 1960, setting out certain proposed specifications for legal advertising is hereby referred to the Department of Law for the preparation of a proper ordinance in regard thereto. Page 4667 Councilman Salvadore introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 5.02 OF ARTICLE 5.00 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA." THE CITY OF LIVONIA ORDAINS: Section 1. Section 5.02 of Article 5.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," is hereby amended to read as follows: Section 5.02. Uses Permitted. In all R-1 Districts no building or land, except as otherwise provided in this ordinance, shall be erected or used except for one or more of the following specified uses: (a) One family dwellings. (b) Churches, public schools, public libraries and private educa- tional institutions when approved by the City Planning Commission. (c) Municipally owned and operated parks and playgrounds, available for use by the residents of the City of Livonia. (d) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work. (e) Church or public building bulletin boards, not exceeding ten (10) square feet in area, and temporary signs not exceeding six (6) square feet in area appertaining to the lease, hire or sale of a building or premises which sign shall be removed as soon as the premises are leased, hired or sold; provided, however, that not more than one (1) temporary non-illuminated subdivision sign pertaining to the sale or rental of premises being developed on which it is maintained, and having an area of not more than three hundred (300) square feet nor more than ten (10) square feet for each lot within the subdivision of less than thirty (30) lots, may be erected; and, provided further, that said sign shall not exceed twelve (12) feet in height above ground and shall be removed upon completion and occupation of buildings. (f) Gardening, and the growing of vegetables, fruits, flowers, shrubs and trees,provided such use is not operated for profit. (g) The raising of fowl and rabbits may be allowed on temporary permit to be issued by the City Planning Commission following a public hearing, provided that such fowl or rabbits are so housed, fenced or otherwise kept that their use will not constitute a nuisance. (h) Accessory buildings or uses customarily incident to any of the above permitted uses, when located on the same or adjoining lot and not involving any business, profession, trade or occupation. One private garage for each residential lot in which there is housed not Page 1. 668 more than three (3) other vehicles, not more than one (1) of which may be a commercial vehicle, shall be considered a legal accessory use; provided, however, any such commercial vehicle shall not exceed one and one-half (1-1/2) ton capacity, and shall be kept housed within a garage when not in use; and, provided further, that no moving vans shall be housed in private garages. (1) Community buildings, country clubs, fraternal lodges, or similar civic or social clubs, (but not a residential club, or a club operated as a commercial enterprise) , after approval by the City Planning Commission. (j) The use of open land for privately owned and operated parks, picnic groves, golf courses, or similar facilities for outdoor exercises and recreation, which may or may not be operated for profit, provided such use does not impair the natural appearances of such land or tend to produce noise or annoyance to surrounding properties, shall be permitted only after approval by the City Planning Commission. (k) The use of open land for a privately owned and operated neighbor- hood, community or club swimming pool when the owner or owners are all bona-fide residents of the City of Livonia and such use can comply with the following requirements: (1) The use shall be erected and located on a satisfactory- site atisfactorysite that is at least two (2) acres in area; (2) Front, side and rear yards snail each be at least twenty (20) feet wide; (3) The pool, nor any part thereof, shall not be constructed within fifty (50) feet of any existing public street right-of- way; (14) The pool, nor any part thereof, shall not be constructed within three hundred (300) feet of any existing residence; (5) Off-street parking facilities shall be provided on the premises to accommodate one-quarter (1/14) of the total member families and/or individual members of the organization con- structing the pool; (6) A parking and traffic plan showing the planned provision for parking and ingress and egress for pedestrian and motor vehicle traffic approved by the Folice and Fire Departments shall be filed with the Bureau of Inspection as a condition precedent to the issuance of the permit; (7) All front, side and rear yards of the premises shall be landscaped with trees, shrubs and grass; (8) A landscaping plandand time schedule approved by the Parks and Recreation Department shall be filed with the Bureau of Inspection as a condition precedent to the issuance of the permit; Page 4669 (9) Buildings erected on the premises in connection with such use shall in no case exceed one (1) story in height except where, as a result of the peculiar topography of the premises, a lower level can be constructed entirely below the grade of the public street abutting or adjacent to such premises, in which case the same shall be permitted; and lighting facilities erected on the premises shall not exceed twenty (20) feet in height; (10) A storm water plan, approved by the Engineering Division of the Department of Public Works, shall be filed with the Bureau of Inspection as a condition precedent to the issuance of a permit in those cases where storm sewers are not available, or if available the capacity is not ample to service the pool facilities; (11) As a condition precedent to the issuance of a building permit for such pool, there shall be on file in the office of the Bureau of Inspection the written consent of sixty per cent (60%) of all residential property owners within a radius of three hundred sixty (360) feet of any part of the premises whereon the proposed pool facilities are to be constructed and operated; and provided further, that such use complies with all other applicable rules, regulations and ordinances of the City of Livonia. In order that the Bureau of Inspection might properly determine whether or not the requirements provided herein have and can be complied with, there shall be filed with the Bureau of Inspection: a certified copy of the Articles of Incorporation and By-Laws of the private swimming pool club or organization; a plot plan drawn to scale showing the location of the premises on which the private swimming pool and related re- creational facilities are to be situated, and showing also the dimensions and area of such proposed area, and the location of all residences and other buildings, structures and public streets within one thousand (1,000) feet of such premises as measured from each of the property lines of the property site; and a separate develop- mental plan of the proposed site showing the size and location of all facilities to be situated thereon, and the size and location of all front, rear and side yards and the length, width and location of all driveways and parking facilities to be located on the proposed site. For the purpose of this ordinance, the term "neighborhood," "community" or 'club" pool shall mean that the pool is owned and operated by a private swimming club or similar organization for the sole end exclusive use of its members of such club, their families and guests. (1) Publicly-owned buildings, public utility buildings, telephone exchanges, transformer stations and substations, after approval by the City Planning Commission, as being not injurious to the surround- ing neighborhood and in accord with the spirit and purpose of this ordinance. (m) The storage or parking or use of moving vans, automobile trailers, trailer coaches, bus or street car bodies, or similar Pace 4670 dwellings, tourist cabins, or tents, shall not be allowed or con- sidered a legal accessory use in an n.-1 District. This shall not prohibit the storage of one (1) unoccupied house trailer, which is the property of the occupants. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as afi ecting the validity of any of the remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Kleinert introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING THERETO SECTION 3.290. THE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated April 20, 1959, on Petition No. Z-363, as amended, having been considered by the Council, the Council hereby adopts said petition to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings heretofore conducted on said petition are hereby approved. Section 2. Article 3.00 of the Zoning Ordinances Ordinance No. 60, as amended, of the City of Livonia, is hereby amended by adding thereto the following sections Section 3.290. Petition No. Z-363, as amended, submitted by Ben F. and Irene Pollock is hereby granted and the zoning classification of the premises described in said amended petition is hereby changed from RUFB to PS for the north 60 feet of the south 91 feet of Lot #I26, and C-2 for the north 180 feet of Lot #1425 and the south 31 feet of Lot #1426, as requested in said amended petition and the Southwest 1/14 of Section 1 of the Zoning Map is hereby anended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 71 of the Zoning Map of the City of Livonia," showing all of the amendments and chgnges made in the fore- going Section 2 of this ordinance is hereby approved, established and made a part hereof. Section 14. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Page 1;671 Section 5. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Daugherty introduced the following Ordinance: AN ORDINANCE VACATING T ORTIONS OF STRLr.T, ALLEY AND PUBLIC GROUND. THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission dated January 3, 1961, on Petition No. V-57 for vacating a certain alley having been considered and it appearing that a public hearing thereon was duly held on November 22, 1960, as provided by law and that proper notices of such hearing were given, the Council does herein determine to grant the request contained in said petition. Section 2. Pursuant to Ordinance No. 29 of the City of Livonia, entitled "An Ordinance providing the Procedure for Vacating of Streets, Alleys and Public Ground," as amended by Ordinance No. 50, the following portion of a certain alley is hereby vacated: The alley described in Petition No. V-57 and being more particularly described as the alley 20 feet in width running east and west between Arcola Alranue and Inkster Road and adjoining Lots 135 thro ;h 116, inclusive, on the North and adjoining Lots 117 and 320 on the South of New Detroit Subdivision situated in the Northeast 1/4 of Section 36, T. 1 S., R. 9 E., City of Livonia, Wayne County, M4chigan; provided, however, that there be and he reby is reserved an easement for public utilities the full width of the existing alley. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 4. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the Validity of the remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Grant, seconded by Councilman Salvadore and unanimously adopted, it was Page 4672 #40-61 RESOLVED that, having considered the letter from the Chief City Engineer dated January 13, 1961, approved by the Mayor and Director of Public Works, and having reviewed the attached plans and specifications for the proposed library building, the Council does hereby acknowledge its approval of the same and authorizes the Engineering Division of the Depart- ment of Public Works to advertise for and receive bids for the construction of the proposed library building as soon as it is reasonably possible, and to do all other things reasonably necessary to the construction of the said building; provided, however, that the sub-contractors will be named by the general contractor when the bids are made. By Councilman Daugherty, seconded by Councilman Grant and unanimously adopted, it was #41-61 RESOLVED that, the City Council, Mayor and Civil Service Com- mission having conducted a meeting on January 16, 1961, which meeting was called for the purpose of discussing the establishment of more adequate means of communication between such parties, and all parties having agreed that the adoption of Civil Service Rules and Regulations may in some cases result in increased financial obligations on the City of Livonia, the City Council does therefore take this means to indicate to the Civil Service Commission its desire that the City Council and Mayor be notified in writing prior to the adoption by the Civil Service Commission of any rule or regulation that will or will be likely to cause an increased annual expenditure of funds; and that such notice be given in sufficient time so that the Mayor and City Council will have adequate time in which to con- sider the same and submit to the Civil Service Commission their remarks, comments or recommendations, as the case may be; and further, the representatives of the Civil Service Commission in attendance at such meeting having verbally agreed to this policy, the City Council does now request that ccncurrence with this policy be acknowledged by a proper amendment to the Civil Service Rules and Regulations. By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #42-61 RESOLVED that, in accordance with the discussion at a meeting with the Civil Service Commission and Mayor on January 16, 1961, the Council does hereby: (1) Request the Civil Service Commission to prepare and submit to the City Council in the near future a comparison schedule showing the extent of and relationship retween "fringe benefits" provided by existing Civil Service regulations of this City and those provided by the Civil Service policies of other communities; and (2) Request that the Civil Service Commission arrange for Mr. Eugene Mathivet, Wayne County Civil Service Director, to meet with the Civil Service Commission, Finance Committee of the Council, City Attorney and Budget Director to discuss the provisions of the existing rules and regulations; and (3) Request that the Budget Director prepare a schedule indicating Page 4673 the cost to the City of Livonia of all existing "fringe benefits" provided to employees by the existing rules and regulations of the Civil Service Commission; and (4) Request that the Civil Service Commission, with the assistance of the Budget Director, proceed to review the existing employee insurance plum and cost thereof (life, sickness, accident and health); that the Civil Service Commission then decide whether or not a revision of such plan or a change of insurer is indicated; and, if so, to prepare specifications, advertise and receive bids for the most adequate and economical employee insurance plan. By Councilman McCann, seconded by Councilman Grant and unanimously adopted, it was resolved that #43-61 WHEREAS, it appears that a certain portion of Harrison Road extending a distance of one-half (1/2) mile north from Five Mile Road in the Southeast 1/4 of Section 13 has been used as a road to a width of thirty-three (33) feet by the public for upwards of ten (10) years and that the same has received some maintenance at public expense by the Township of Livonia and the City of Livonia, and WHEREAS, that certain portion of Harrison Road referred to im- mediately above is the East thirty-three (33) feet of Harrison Road as measured from the quarter section line separating the Southeast and South- west one-quarters of Section 13, more particularly described as the molest thirty-three (33) feet of Parcel M8a, 8b, 9a, 9b, the West thirty-three (33) feet of Parcel M8c, 9c and the West thirty-three (33) feet of Parcels M10 through M32, inclusive; and WHEREAS, it is provided by the M.S.A. 9.21 that "all roads that shall have been used as such for ten (10) years or more, whether any records or other proof exists that they were ever established as highways or not . . . shall be deemed public highways," and it having also been determined by the Michigan Supreme Court that "a highway by user becomes such to the width and extent used"; NOW, THEREFORE, bE IT RESOLVED that, the East thirty-three (33) feet of Harrison Road, measured from the quarter section line dividing the Southwest and the Southeast one-quarters of Section 13, is hereby officially incorporated in the public street system of the City of Livonia; and the Department of Public Works is herein authorized to report the same to the Michigan State Highway Department as a City street in the apropriate category and to perform the usual work with respect to the care and main- tenance thereof; and the City Clerk is hereby instructed to transmit certified copies of this resolution to the Wayne County Bureau of Taxation, Board of Wayne County Road Commissioners, City Treasurer, the Michigan State Highway Department, and to cause a copy of this resolution to be recorded with the Register of Deeds for the County of Wayne. The report of the Municipal Court for the month of December, 1960, was received and placed on file. Page 4674 By Councilman Daugherty, seconded by Councilman Salvadore, it was 44- # 61 RESOLVED that WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 12, for the paving of Levan Road between Plymouth Road and Schoolcraft Road in Section 29 in the City of Livonia, as requil ed by the provisions of the City Charter and Ordinance No. 31, as amended, of the City of Livonia, a public hearing thereafter having been held thereon on January 18, 1961, at 9:00 o'clock P.M., at the City Hall, 3300 . Live Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 12; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED that: 1. The City Council does hereby determine that the assessments set forth in said Special Assessment Roll No. 12 in the anount of $96,349.24 are fair and equitable and based upon benefits derived to the respective parcels by the construction of the improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council. 2. Said Special Assessment Roll No. 12 is hereby approved and confirmed in all respects. 3. The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of six per cent (6%) per annum on the unpaid b alance of the assessment from the date of confirmation. In such cases where the installments would be less than ten ($10.00) dollars, the number of installments shall be reduced so that each installment shall be above and as near $10.00 as possible. The first installment shall be due and payable December 1, 1961, and subsequent installments on December 1st of succeeding years. !;. Pursuant to the provisions of Sections 14 and 17 of Ordinance No. 31, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be im- mediately transmitted to the City Treasurer who shall then publish notice as is required by Section 17, and mail assessments tatements to the respective property owners assessed in manner and substance as provided by said Section 17. Any property owner assessed, may within sixty (60) days from the date of confirmation of the roll, pay the whole or any part of the assessment without interest or penalty. 5. The first installment shall be spread upon the 1961 City tax roll in manner required by Section 19 of Ordinance No. 31, as amended, together with interest upon all unpaid installments from the d ate of confirmation of the roll to December 1, 1961, and thereafter one install- ment shall be spread upon each annual tax roll, together with one year's interest upon all unpaid installments; Provided, however, that when any Page !}675 annual installment shall have been prepaid in manner provided by said Ordinance No. 31, either within the sixty-day period as provided by Section 18, or after the expiration of the sixty-day period as provided by Section 21, then there shall be spread upon the tax roll for such year only the interest upon all unpaid installments. 6. That the Council having determined to pay the entire cost of improving the intersection of Soho lcraft and Levan Road in said district, the sum of $5,000.00 is hereby transferred from the Road Improve- ment Accomt of the Capital Improvement Program to the Special Assessment District No. 12 Account to cover the cost of said installation; and further, the Council having also determined that the Ford Motor Company having agreed with said determination, the latter company shall deposit a cash payment of $5,000.00 to cover the entire cost of installing certain driveway approaches, such cash payment to be deposited within thirty (30) days from the effective date of this resolution and such sum to be deposited, upon receipt, in the Special Assessment District No. 12 Account. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall. NAYS: None. By Councilman Kleinert, seconded by C ouncilman Daugherty and unanimously adopted, it was #45-61 RESOLVED that, the Chief City Engineer having filed with the City Clerk a statement dated November 7, 1960, pursuant to directions under Cound.l resolution #251-60 adopted on May 9, 1960, and in accordance with the provisions of Section 6 of Ordinance No. 31, as amended, containing a report with regard to the proposed installation of sidewalks on Alexander Street between Five Mile Road and Jamison Avenue in the Northwest 1/4 of Section 24 in the City of Livonia, and a public hearing having been held thereon on January 18, 1961, after due notice as required by Ordinance No. 31, as amended, and a careful consideration having b een given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine that there is not sufficient necessity for the installation of sidewalks on Alexander Street between Five Mile Road and Jamison Avenue, as described above, and therefore all proceedings heretofore taken in regard to this matter are rescinded. By Councilman Daugherty, seconded by Councilman Salvadore, it was #46-61 RESOLVED that, the Base Line Road (Eight Mile Road) Condemnation Case be referred to the Engineering Division for report and recommendation to the Council at the next study meeting. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Ponder, Salvadore and Bagnall. NAYS: Kleinert and Grant. The President declared the resolution adopted. Page 1676 By Counci]man Kleinert, seconded by Councilman Grant, it was #47-61 RESOL ED that, having considered the report and recommendation of the Budget Director dated January 23, 1961, the Council does hereby accept the bid from A. B. Dick Company, 3100 E. Jefferson Street, Detroit Michigan, for supplying the City of Livonia with one (1) Duplicator Offset Machine including work organizer and receding stacker, at the submitted price of 43,877.50, such machine to be delivered without"a chain delivery mechanism," such bid 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: McCann, Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall. NAYS: None. Councilman Kleinert was excused at 10:14 P.M.,for the balance of the meeting. Councilman Grant offered a resolution, seconded by Councilman Ponder, to release the bond for Richland Estates Subdivision and President Bagnall declared the resolution out of order. On motion of Councilman Salvadore, seconded by Councilman McCann and unanimously adopted, this 327th regular meeting of the Council of the City of Livonia was duly adjourned at 10:16 P. M., January 23, 1961. -<l e W. Clark, City Clerk C _ '2