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HomeMy WebLinkAboutCOUNCIL MINUTES 1960-04-25 Page 4316 MINUTES OF THE THREE HUNDRED SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 25, 1960, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President at approximately 8:30 P. M. Councilman Bagnall delivered the invocation. Roll was called with the following result: Present.- Robert Sasser, Sydney- B. Bagnall, Rudolf R. Kleinert, Austin T. Grant, Jack Salvadore and James R. McCann. Absent-- John T. Daugherty. By Councilman Grant, seconded by Councilman Salvadore and unanimously adopted, it was #190.60 RESOLVED that, the minutes of the 306th regular meeting of the Council of the City of Livonia held April 11, 1960, are hereby approved. By Councilman Bagnall, seconded by Councilman Salvadore and unanimously adopted, it was #191-60 RESOLVED that, having considered the report and recommendation of the Mayor dated April 13, 1960, with respect to the establishment of a special classification for the Mayor's secretary, the Council does hereby refer the Mayor's request tothe Civil Service Commission for its report and recommendation with the Council's recommendation that the position of Executive Secretary be abolished and that the Mayor be authorized to hire a secretary by contract. Councilman McCann was excused at 8:40 P.M., and returned at 8:43 P.M. By Councilman Kleinert, seconded by Councilman Grant, it was #192-60 RESOLVED that, having considered the report of the Department of Law dated April 20, 1960, and the report and recommendation of the Chief City Engineer dated April 5, 1960 and approved by the Director of Public dorks, the Council does hereby authorize the Department of Law to accept the sum of $10,000.00 from Arlyle Land Company, Inc., in full settlement of the chancery case now pending in which the City of Farmington, Robert Lindbert, Earl F. Scherffius and Rector Construction Company are defendants, and the Department of Law is further authorized to dismiss the injunction proceeding now pending against the above-named defendants in accordance with the terms as contained in the letter of Arlyle Land Company dated April 13, 1960. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Grant, McCann and Sasser. NAYS: Bagnall and Salvadore. The President declared the resolution adopted. Page 4317 By Councilman Bagnall, seconded by C ouncilman Salvadore„ it was #193-60 RESOLVED that, having considered the report and recommendation of the City Clerk and Chief Accountant dated April 13, 1960, which concerns the schedule of Parks and Recreation revenue for the four months ending March 31, 1960, the Council does hereby appropriate the sum of $7,278.57 from the Unappropriated Surplus to Recreation Department Account No.133-55 (special adult activities). A roll call vote was taken on the foregoing resolution with the following results AYES: Bagnall, Kleinert, Grant, Salvadore, M* Cann and Sasser. NAYS: None. Councilman Kleinert offered the following resolution, seconded by Councilman ?bCann and unanimously adopted: #194-60 WHEREAS, the Livonia Youth Symphony is actively engaged in a program of providing fine music and entertainment for the community; and WHEREAS, the Livonia Youth Symphony has become a leading cultural influence in our community by promoting music appreciation in the adults and children of the community; and WHEREAS, the continuation of this fine program of the Livonia Youth Symphony will insure increased appreciation by the citizens of the community in the cultural betterment of the community; NOW, THEREFORE, the Council of the City of Livonia, in recognition of the cultural betterment provided the community by the Livonia Youth Symphony, does hereby pledge its full support to the continuation of the program of the Livonia Youth Symphony and urges all citizens of the com- munity to lend their full resources to the continued success of this worthy cultural program for civic betterment. By Councilman Bagnall, seconded by Councilman Grant, it was #195-60 RESOLVED that, having considered the report and recommendation of the Department of Public Works dated December 2, 1959, which referred to the correction of a drainage problem in the Melody Manor Subdivision, the Council does hereby approve the open ditch recommendation entitled "Option 3(c)" and does hereby appropriate the sum of $700.00 from the Unappropriated Surplus to Operations Division Account No. 128-25 (road maintenance); and the Department of Law is requested to immediately secure the necessary drainage easements required to accomplish the drainage solution which is herein approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Grant, Salvadore, McCann and Sasser. NAYS: None. Page !318 By Councilman Grant, seconded by Councilman McCann and unanimously adopted, it was #196-60 RESOLVED that, the Council having adopted resolution #420-59 on July 13, 1959, requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed construction and in- stallation of street light. in Buckingham Village Subdivisions No. 1 and 2, 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 specifi- cations therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and What part, if any, should be a general obligation of the City, the number of installments in which assessments maybe paid and the land which should be included in the proposed special assessment district; and it appearing to the Council that all of such information, estimate, plans and specifi- cations and recommendations have been properly filed by the City Engineer with the City Clerk under date of April 18, 1960, and that there has been full compliance with all of the provisions of Section 6 of Ordinance No. 31, as amended, entitled ""An Ordinance to Provide for the 1'Laking of Pnb1 I c Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure 's The Council does hereby set May 18, 1960. at 7:30 o'clock P. M., as the date and time for a public hearing on such proposed assessment which public hearing shall be held before the City Council in the City Hall, 33 001 Five Mile Road, Livonia, Michigan, purs uan t to Sections 8 and 9 of said Ordinance No. 31, as amended; and the City Clerk is hereby directed to give notice and publication of such hearing as is required by Section 7 of the ordinance. By Councilman Bagnall, seconded by Councilman Salvadore, it was #197-60 RESOLVED that, the Council does hereby request the Citizens Research Council of Michigan to conduct a survey of the Livonia City C}overnment, the scope of such survey to cover the following: (1) Examine the functions being performed to determine whether all are necessary or desirable, and make recommendations for the elimination of any that are unnecessary or undesirable, and the addition of any found to be necessary or desirable; (2) As to those functions found necessary and desirable, review the organization plan through which they are administered and recommend any possible improvements in that organization; (3) Review the operating methods of each department; (!t) Review the manner in which personnel are being utilized to see that all are fully engaged according to their highest skills; (5) Review the utilization of the physical resources of the local government, such as its buildings and equipment, to determine if operating economies are possible through better utilization and better maintenance; Page 1319 (6) Review the administrative devices for planning, coordinating and controlling work to be certain that declared policies are carried into effect promptly, economically and in accordance with the intent of those who set the policy; and (7) Review the methods by which capital improvements are antici- pated, planned and financed; and the Department of Law is requested to enter into negotiations with the Citizens Research Council of Michigan, for the purpose of preparing an agreement to carry out the survey and to report back to the Council the terms of said survey along with the amount necessary to be appropriated to cover the cost of the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Salvadore, McCann and Sasser. NAYS: Grant. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Salvadore and unanimously adopted, it was #198-60 RESOLVED that, the Council does hereby request the Engineering Division of the Department of Puolic Works to make a topographical study of the City !i0-acre park site leased from the County of Wayne in order to determine the number of yards of sand remaining in the park site and to report back to the Council the results of said topographical survey as soon as possible. By Councilman Salvadore, seconded by Councilman Kleinert, it was #199-60 RESOLVED that, having considered the request of Mr. Edwards of the Livonia Rotary Club and the request of Mr. Meinzinger of the Depart- ment of Public dorks for an appropriation to decorate four City booths in the Rotary Show which is to be held April 28, 29, 30 and May 1, 1960, the Council does hereby approve the expenditure of the sum of $500.00 from the Legislative Account #102-65 (Public relations) as follows: $200.00 for rental of four booths; and $300.00 for decoration of four booths; and the Director of Public Works is hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Grant, Salvadore and Sasser. NAYS: McCann. The President declared the res olutioar adopted. Page 4320 To the Innorable the Common April 5, 196° Council of the City of Livonia City Hall, 33001 Five Pile Road Livonia, Michigan. IE: Wayne Road Condemnation Case Ladies and Gentlemen: The so-called "State Agency and Public Corporation Condemnation Law," Act #149 of the Public Acts of 1911 as amended, under which the land in the above- referenced case is being acquired, requires that the consent of the City Council by resolution, be obtained before any legal proceedings are commenced for the ac- quisition of private property for a highway within a city. Consequently, it is respectfully requested that your Honorable Body consent by resolution, substantially in the form submitted herewith, to the acquisition by the Board of County Road Commissioners of the C ounty of Wayne, Michigan, of the private property in the City of Livonia described in the resolution adopted by the Board on December 10, 1959, declaring and determining the taking of said private property to be necessary for the widening and changing of said Wayne Road in the Township of N anldn and the City of Livonia, extending from its intersection thereof with Ford Road, northerly to its intersection with Plymouth Road. It is requested that the Council waive reconsideration, and that immediate approval be given by the Mayor. A certified copy of the Board of Wayne County Road Commissioner's resolution and a drawing of the property to be acquired are submitted herewith. Very truly yours, BOARD OF WAYNE COUNTY ROAD COMMISSIONERS S. A. Noetzel, Secretary and Clerk of the Board. RESOLUTION Commissioner Kreger moved the adoption of the following resolutions WHEREAS, this Board did on the 16th day of September, A.D. 1921, by proper resolution, take over jurisdiction of Wayne Road, from the north village limits of the Village of Wayne,northerly to Plymouth Road, which resolution was duly published and served in accordance with the statute in such case made and provided; and WHEREAS, the widening and changing of Wayne Road in the Township of Nankin and the City of Livonia, extending from its intersection thereof with Ford Road, northerly to its inte rsection with Plymouth Road is necessary to accommodate present and future traffic conditions; NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby declare and determine, and it is hereby declared and determined, that it is necessary to widen and change said Wayne Road in the Township of Nankin and the City of Livonia, extend- ing from its intersection thereof with Ford Road, northerly to its intersection with Plymouth Road, and that said improvement is a necessary public improvement for the use and benefit of the public; Page 4321 BE IT FURTHER RESOLVED, that this Board does hereby declare and determine, arxi it is hereby declared and determined, that it is necessary to take the fee to private property located in the Township of Nankin, City of Livonia and County of Wayne for the making of said public improvement in accordance with the plans on file in the office of this Board; BE IT FURTHER RESOLVED, that the attorney for this Board is hereby authorized and directed to institute condemnation proceedings against the owners and other parties in interest to acquire the fee to property necessary for the making of such public im- provement, all in accordance with the statute in such case made and provided, said private property being described as follows: Lands in the west 1/2 of Sections 4 and 9, T. 2 S., R. 9 E., Nankin Township, and in the west 1/2 of Section 33, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Lands in Nankin Township, being described as follows: A strip of land 60.0 feet wide (right angle measurement) in the S. W. 1/4 of Section 9 located east of and immediately adjacent to the center line of Wayne Road between the southerly boundary line of Schmittling's Sub. (L. 63 P. 14) and the south line of Section 9. Subject to the rights of the public in the existing rights-of-way of Ford and Wayne Roads. ALSO: Part of the S. W. 1,/4 of Section 9, described as beginning at the intersection of the center line of Wayne Road with the north line of Schmittling's Sub; thence N. 11° 25' 37" E., 307.45 feet and N. 18° 24' 37" E., 190.97 feet along the center line of Wayne Road to the south line of Stacy Little Farms Subdivision (L. 43, P.71); thence N. 88° 30' 17" E., 63.81 feet; thence S. 18° 24' 37" W., 90.67 feet; thence southerly along the arc of a curve to the left of 1940 foot radius, 236.45 feet; the chord of said arc bearing S. 14° 55' 07" W., 236.30 feet; thence S. 110 25' 37" W., 172.02 feet; thence S. 88° 50' 07" W., 61.48 feet to the point of beginning. Subject to the rights of the public in the existing right-of- way of Wayne Road. ALSO: The westerly 27.0 feet (measured at right angles to the front lot lines) of lots 1 and 18 of STACY LITTLE FARM, a subdivision of part of South 1/2 of Sec. 9, T. 25., R. 9E., Nankin Township, Wayne County, Itich., as recorded in Liber 43 of Plats on Page 71, Wayne County Records. ALSO: That part of the N. W. 1/4 of Section 9 described as beginning at the intersection of the center line of Wayne Road with the E. and W. 1/4 line of said Section 9 and proceeding thence along the existing center line of Wayne Road N. 18° 24' 37" E., 1497.83 feet and N. 2° 23' 03" W., 239.21 feet to the S. W. corner of Tonquish Wilder Subdivision (L.81 P.28); thence east 60.0 feet along the south boundary line of said subdivision; thence S. 2° 51' Y., 165.5 feet; thence southerly along the arc of a curve concave westerly, radius 1697.02 feet, for a distance of 390.63 feet to a point of tangency; thence S. 18° 24' 37" W., 1173.3 feet to the E. & W. 1/4 line of said Section 9; thence westerly 63.87 feet to the point of beginning. ALSO: A strip of land 60.0 feet wide in the N.W. 1/4 of Section 9, located east of and immediately adjacent to the center line of Wayne Road and lying between the north boundary line of Tonquish-Wilder Sub., and the north line Page 432a of Section 9. Subject to the rights of the public in the existing rights- of-way of Warren arra Wayne Roads. ALSO: A strip of land 60.0 feet wide in the N. W. 1/4 of Section 4, located east of and immediately adjacent to the center line of Wayne Road and lying between the E. & W. 1/4 line of Section 4 and the south boundary line of Parkgrove Manor Sub. (L.76, P.45). Subject to the rights of the public in the existing right-of-way of Wayne Road. ALSO: A strip of land 60.00 feet wide in the west 1/2 of Section 4, located west of and immediately adjacent to the center line of Wayne Road between the center line of Cowan Road and a line at right angles to Wayne Road located 2203 feet north from the center line of Cowan Road. Subject to the rights of the public in the existing rights-of-way of Cowan and Wayne Roads. ALSO: ''he east 60.0 feet of the south 660 feet of that part of the S. W. 1/4 of Section 4 lying west of and immediately adjacent to the center line of Wayne Road. Subject to the rights of the public in the existing rights- of-way of Warren and Wayne Roads. ALSO: The east 27.0 feet of lots 1, 2, 3, 4, 39, 40, 41, 42 arra 77 of BAKEWELL HILLS SUB., part of the N. W. i/4 of N. W. 1/4 of Section 9, T. 2 S., R. 9 E., Nankin Twp., Wayne Co., Michigan, as recorded in Liber 51 of Plats on page 60, Wayne County Records. ALSO: The easterly parts of lots 41, 42, 43 and 44 of Joseph G. Berry's Garden Subdivision of part of the W. 1/2 of N.W. 1/4 of Section 9, T. 2S., R. 9 E., Nankin Township, Wayne Country, Michigan as recorded in Liber 57 of Plats on Page 74, Wayne County Records; Said easterly parts being the portions of said lots lying east of a line which joins a point on the north line of lot 41, distant 30.48 feet west from the N. E. corner of lot 141 with a point on the South line of lot 144 which is distant 37.97 feet west of the S. E. corner of lot 44. ALSO: That part of the N. W. 1/4 of Section 9, described as beginning at a point of intersection of the center line of Wayne Road with the south boundary line of Joseph G. Berry's Garden Subdivision (L.57 P.74); thence along said center line of Wayne Road S. 20 32' 03" E., 118.45 feet and S. 18° 211' 37" W/, 1497.83 feet to the E. and W. 1/4 line of Section 9; thence S. 88u 20' 45" W., 63.83 feet along said E. and W. 1/4 line; thence N. 18° 24' 37" E., 1217 feet to a point of curvature; thence northerly along the arc of a curve to the left of 1577.02 feet radius, for a distance of 390.5 feet to the south boundary line of said "Joseph G. Berry's Garden Subdivision," thence N. 86° 16' 21" E., 71 feet to the point of beginning. Subject to the rights of the public in the existing right-of-way of Wayne Load. ALSO: A strip of land 60.0 feet wide (right angle measurement) in the S. W. 1/4 of Section 9 located west of and immediately adjacent to the center line of Wayne Road and lying between the south bondary line of Waynelawn Sub., (L. 57 P. 35) arra the north boundary line of Kirke Neal Co. Wayneford Town- site No. 1, (L. 59 P. 39), Subject to the rights of the public in the existing right-of-way of Wayne Road. Lands in the City of Livonia, Wayne County, Michigan, being described as follows: Page 14323 A strip of land 60.0 feet wide in the S. W. 1/4 of Section 33 located east of and immediately adjacent to the center line of Wayne Road and lying between the center line of Ann Arbor Trail and a line at right angles to Wayne Road located 697 feet south from the center line of Ann Arbor Trail. Subject to the rights of the public in the existing rights- of-way of Ann Arbor Trail and Wayne Road. ALSO: The east 3.0 feet of the west 60.0 feet of the south 260 feet of that part of the S. W . 1/4 of Section 33 lying east of and iiiuiediately adjacent to the center line of Wa4Yne Road and north of ar$ immediately adjacent to the center line of Ann Arbor Trail. Subject to the rights of the public in the existing right-of-way of Ann Arbor Trail. ATSO: The west 27.0 feet of lots 11 to 43, both inclusive, of "SUPER- VISOR'S LIVONIA PLAT #1 of the east 1/2 of the N. W. 1/4 of Sec. 33„ Livonia Twp., (now the City of Livonia) Bayne Co., Mich.," as recorded in Liber 65 of Plats on Page 52, Wayne County Records. ALSO: A strip of land 60.0 feet wide in the N. W. 1/4 of Section 33, located wes t of and immediately adjacent to the center line of Warne Road and lying between the south boundary line of Maple Acres Sub., (L.69 P. 69) and the extension east of the north line of lot 93 of Country Homes Sub. No. l(L. 76, P. 70 & 71). Subject to the rights of the public in the existing right-of-way of Wayne Road. ALSO: A strip of land 60.0 feet wide in the S. W. 1/14 of Section 33 located west of and immediately adjacent to the center line of Wayne Road and extending from the center line of Ann Arbor Trail to a point 650 feet south of the center line of Ann Arbor Trail. Subject to the rights of the public in tie existing rights-of-way of Ann Arbor Trail and Wayne Road. The motion was supported by Commissioner O'Brien and carried by the following vote: AYES: Commissioners Wilson, O'Brien and Kreger. NAYS s None. CERTIFICATION I, Sylvester A. Noetzel, Secretary and Clerk of the Board dr County Road Commissioners of the County of Wayne, Michigan, do hereby certify that the foregoing is a true and complete copy of an excerpt from the minutes of a meeting of said Board held on the 10th day of December A. D. 1959, as appears of record in the office of said Board; that I have compared it with the original and it is a true transcript therefrom. IN TESTIMONY WHEREOF, I have hereunto set nay hand at Detroit this 10th day of Decenber, A. D. 1959. Sylvester A. Noetzel Secretary and clerk of the Board. Page 143214 By Councilman Bagnall, seconded by Councilman Grant and unanimously adopted, it was #200-60 RESOLVED that, consent be and hereby is granted to the Board of County Road Commissioners of the C ounty of Wayne, Michigan, to take, by eminent domain, under the provisions of Act No. 1149 of the Public Acts of 1911, as last amended, private property in the City of Livonia described in the foregoing resolution adopted by the Board of County Road Com- missioners of the Bounty of Wayne, Michigan, on Thursday, December 10, 1959, declaring and determining the taking of said private property to be necessary for the making of a certain necessary public improvement, to-wits The widening and changing of Wayne Road in the Township of Nankin and. the City of Livonia, extending f rom its intersection thereof with Ford Road, northerly to its intersection with Plymouth Road. By Councilman Kleinert, seconded by C ouncilman Bagnall and unanimously adopted, it was #201-60 RESOLVED that, before determining to install paving and necessary drainage on Cardwell Street between Plymouth Road and West Chicago, situated in the N. E. 1//i of Section 36 in the City of Livonia, the cost of which is to be defrayed by special assessment, the Chief City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tip( delinquencies, the number of parcels owned by public authorities, the nunber of parcels which are now vacant, and to prepare or cause to be prepared plans and specifications therefor and an estimate of the cost thereof, and to file the sane with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the nunber of installments in which assessments maybe paid and the lard which should be included in the proposed special assessment district, pursuant to the provisions of Section 6 of Ordinance No. 31, as amended. By Councilman Grant, seconded by Councilman Kleinert and unanimously adopted, it was #202-60 RESOLVED that., having considered the petition of Bertha Krogh dated March 29, 1960, which requested the reconsideration of the petition of residents on Grove and Savoie Streets for the improving of said streets by the City and the acquisition of said streets by the City as public roads, the Council does hereby request the Department of Law to obtain the necessary deeds of easement to obtain the necessary rights-of-way recommended by the City Engineer on August 2, 1957, arid the Council does further reqtest the Department of Law to cbtain deeds of easement on all the other private roads in the City so that said roads may be ultimately taken over as public roads by the City of Livonia. By Councilman Grant, seconded by Counci.Lien Bagnall and unanimously Page 4325 adopted, it was #203-60 RESOLVED that, having considered the communication dated April 14, 1960, from the Assistant Superintendent of the Livonia Public Schools to extend Curtis Street to Merriman Road and to install sidewalks on the north side of Curtis from Melvin to Coolidge Elementary School, the Council does hereby refer said communication to the Engineering Division of the Departnent of Public Works for its report and recommendation on the cost of such improvement. By Councilman Salvadore, seconded by Councilman McCann, it was #204-60 RESOLVED that, having considered the report and recommendation of the Chief City Engineer dated April 8, 1960, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolu- tion #523-59, adopted August 24, 1959, so as to reduce the bond for remain- ing improvements in Idyl Wyld Estates Subdivision No. 2 as follows: Cash Bond $ 5,000.00 Surety Bond $40,000.00 and the City Clerk is hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the fblloi.ng result: AYES: Bagnall, Kleinert, Grant, Salvadore, McCann and Sasser. NAYS: None. By Councilman Bagnall, seconded by Councilman Grant, it was #205-60 RESOLVED that, having considered the report and recommendation of the Director of Public Works dated April 18, 1960, which recommended the payment to Mr. Edwin M. Orr of certain engineering fees earned for engineer- ing services rendered in connection with the Merriman Estates Subdivision Sanitary Sewer and pursuant to C ouncil resolution #17-59 adopted January 12, 1959, the Council does hereby authorize the payment of the sum of $2,499.33 to Mr. Edwin M. Orr from the Surplus Bond Issue monies resulting from the sale of bonds for the City of Livonia Sewage Disposal System, and the Board of Wayne County Road Commissioners is hereby authorized to pay the amount of $2,499.33 to Mr. Edwin M. Orr from said bunds. A roll call vote was taken on the foregoing res oluti co with the following result: AYES: Bagnall, Kleinert, Grant, Salvadore, McCann and Sasser. NAYS: None. By Councilman Bagnall, seconded by C ouncilman McCann and unanimously adopted, it was #206-60 RESOLVED that, having considered the request of the Planning Commission dated March 30, 1960, for an additional appropriation to the Page t326 Travel and Education Account, the Council does hereby refer said request to the Mayor, Budget Director and Finance Committee of the Council for their report and recommendation, By Councilman Grant, seconded by Councilman Bagnall, it was #207-60 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated March 30, 1960, on Petitions No. Z-317, Z-321 and Z-331, which petitions were initiated by the City Planning Commission on its own motion pursuant to Section 20.01 of Ordinance No. 60, to determine whether or not the zoning classification of property situated in Sections through 11, inclusive, 14 through 2t , inclusive, and 28 through,30,inclusive, of the City of Livonia, should be changed in accordance with the zoning classifications indicated on the attached map, and proposed on the Master Pattern of the Re-evaluation of Zoning Study dated July, 1958, the Council does hereby take under advisement said Planning Commission report and recommendation for further study, except for that area lying south of Myrna Road and West of Hibbard in Sectinn 15 (as shown on attached Exhibit "A"), the Planning Commission's recommendation is modified so that said area shall be zoned R-L (residential-large lots) as prescribed in Article 5.50 of Ordinance No. 60; and the Department of Law is herein requested to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following results AYES: Bagnall, Grant, i*Salvadore, McCann and Sasser. NAYS: Kleinert. *Councilman Salvadore abstained from voting which is recorded as a yes vote under the provisions of Section 9 of Ordinance No. 27. The President declared the resolution adopted. By Councilman Salvadore, seconded by Councilman McCann and unanimously adopted, it w as #208-60 ELSOLVED that, Petition No. Z-418 as submitted by Jack Coleman, Unity Construction Compaly, for change of zoning in the Southeast 1/4 of Section 20 be and hereby is tabled. By Councilman McCann, seconded by Councilman Bagnall and unanimously adopted, it was #209.60 RESOLVED that,. having considered the report and recommendation of the City Planning Commission dated March 28, 1960, in regard to Petition No. Z-43.9 submitted by Charles Cannon for change of zoning in the Southwest 1/4 of Section 28 from C-1 to C-2, the Council does hereby concur with the City Planning Commission and Petition No. Z-419 is denied for the masons set forth in the Planning Commission's recommendation and for the further reason that the depth of the property involved is not sufficient to allow suitable C-2 uses as requested. Page 14327 iBtywasCouncilyan Bagnall, seconded by Councilman Grant and unanimously adopted, #210-60 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated March 28, 1960, in regard to Petition No. Z-430, as submitted by the City Flailing Commission on its own motion to determine whether or not to amend Section 114.08 (a) of Article 14.00 of Ordinance No. 60 so as to provide certain yard requirements in Section 114.08(a) of Ordinance No. 60, the Council does hereby approve of and grant said Petition No. Z-430; at the Department of Law is herein instructed to prepare an ordinance to amend Ordinance No. 60 in accordance with this resolution. By Councilman McCann, seconded by Councilman Bagnall and unanimously adopted, it was #211-60 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated March 29, 1960, in regard to Petition No. Z-4314 submitted by the Trinity Baptist Church for change of zoning in the Northwest 1/4 of Section 2)1 from RUFS to PS, the Council does hereby approve of and grant said Petition No. Z-14314; and the Department of Law is herein instructed to prepf.iire an ordinance anending Ordinance No. 60 in accordance with tits resolution. By Councilman Daman, seconded by Councilman Salvadore and unanimously adopted, it was #212-60 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated March 29, 1960, in regard to Petition No. Z-435 as submitted by Kenneth White for change of zoning in the North- east 1/11. of Section 33 from C-2 to R-1-A, the Council does hereby wprove of and grant said Petition No. Z-1435; and the Department of Law is he rein instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Kleinert, seconded by Councilman AcCann, it was #213-60 RESOLVED that, pursuant to the report and recommendation of the City Planning Commission dated March 29, 1960, in regard to Petition No. Z-14.36 as submitted by Casimir C. Gawron for change of zoning in the S outh- east 1/4 of Section 31 from C-1 to C-2, the Council does hereby reject the recommendation of the City Planning Commission and. Petition No. Z-436 is denied. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Salvadore, McCann and Sasser. NAYS: Bagnall and Grant. The President declared the resolution adopted. Page 14328 At 9:58 P. M., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman McCann, seconded by C ouncri loran Bagnall, it was #2114-60 RESOLVED that, having considered the report and recommendation of the City Treasurer dated March 31, 1960, Mich requested a refund in the amount of $492.07 to correct an error on the 1959 valuation of Items 25A1a2, 25A2a2, 25A3a2 and 25B14a2, the sum of $1492.07 is hereby transferred from the Unappropriated Surplus to Treasurer's Account #106-50 (error on tax rolls); and the City Treasurer is hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Grant, Salvadore, McCann and Sasser. NAYS: None. By Councilman Salvadore, seconded by C ouncilmai McCann, it was #215-60 RESOLVED that, having considered the report and recommendation of the Civil Service Commission dated March 214, 1960 which requested the establishment of the classifications of Referee and Lifeguard and the fixing of the compensation for such classifications, the Council does hereby concur with said report and recommendation and the following classifications are established and the compensation fixed as set forth: Referee - $14.00 per game Lifeguard 4142.85 per week A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall„ Kleinert, Grant, Salvadore, McCann and Sasser. NAYS: None. By Councilman Kleinert, seconded by Councilman Grant, it was #216-60 RESOLVED that, having considered the report and recommendation of the Superintendent of Operations Division dated April 12, 1960, approved by the Director of Public olorks, he Council does hereby accept the following bids for supplying the limestone aggregates set forth, the sane having been the low bids submitted for the limestone aggregate advertised: Hayes Washed Sand & Gravel Co., Northville, Michigan, fors 3/14" (19A) Stone 0 2.52 per ton, delivered 1-1,14" ( 9A) Stone @ 2.143 per ton, delivered 4A Stone 0 2.143 per ton, delivered 1-1/14" ( 9A) Stone ® 2.48 per ton, spread 4A Stone l 2.148 per ton, spread Page 1329 R. S. Hamlin Trucking Co., 27483 Pontiac Trail, South Lyon, fors 31A Stone @ 2.64 per ton, delivered Telischak Trucking Co., 12300 Farmington, Livonia, fors 348 Stone @ 2.49 per ton, delivered 348 Stone @ 2.49 per ton, spread 31B Gravel it 1.20 per ton, delivered 3/4"(19A)Stone ® 2.55 per ton, spread; and the City Clerk and Director of Pub lic Works are hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Grant, Salvadore, McCann and Sasser. NAYS: None. By Councilman Kleinert, seconded by C ouncilman Grant, it was #217-60 RESOLVED that, pursuant to the report and recommendation of the Superintendent of Operations Division dated April 12, 1960, approved by the Director of Public Works, the Council does hereby accept the bid of the Edw. C. Levy Co., 8800 Dix Road, Detroit 9$ Michigan, for supplying slag aggregates to the City of Livonia, such having been the sole bidder for the items set forth: Size Delivered Spread 29A 3.58 per ton 3.55 per ton 31D 3.58 per ton 3.58 per ton 9A 3.05 per ton 3.05 per ton 21A, 3.05 per ton 3.05 per ton and the City Clerk and Director of Pd,lic Works are hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall , Kleinert, G rants Salvadore, It Cann and Sasser. NAYS: None. By Councilman Bagnall, seconded by Councilman Kleinert, it was #218-60 RESOLVED that, pursuant to the report and recommendation of the Superintendent of Operations Divisi on dated April 12, 1960, approved by the Director of Public Works, the Council does hereby accept t he low bids of the following named bidders for the items set forth for supplying blades to the City of Livonia as follows: F. Yeager Bridge & Culvert Co., 1701 Kearney Street, Port Huron, Michigan, for Page 4330 Grader Blades: 5/8" x 6" x 6' @ 6.84 ea. 5/8" x 6" x 7' @ 7.98 ea. 5/8" x6" x10, ® 11.40 ea. Shults Equipment Sales, Ithax;a, Michigan, for: Maintainer Blades 1/2" x 8" x 48" @ 7.60 ea. 1/2" x 8" x 60" @ 9.50 ea. 1/2" x 8" x 132" @ 20.90 ea. Underblades: 1/2" x 6" x 10' @ 9.90 ea. (Root) 1/2" x 6" x 10' @ 9.90 ea. (Hydro) Climax Manufacturing Co., 41241 Huron River Drive, Belleville, Michigan, for: Snow Plow Blades: 1/2" x 6" x 9' ® 12.53 ea. (Good Roads) 1/2" x 6" x 9' ® 12.53 ea. (Root) Plow Bolts: 5/8" x 2" ® 14.29 per hundred; and the City Clerk and Director of Public Works are hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Grant, Salvadore, McCann and Sasser. NAYS: None. Councilman Bagnall introduced the following Ordinaice: AN ORDINANCE TO AMEND SECTION 8 OF ORDINANCE NO. 43 AS AMENDED, ENTITLED "AN ORDINANCE TD PROVIDE FOR THE REFUNDING OF OUTSTANDING WATER SUPPLY SYSTEM REFUNDING AND EXTENSION REVENUE BONDS, AND CONSTRUCTION OF EXTENSIONS AND IDPROVEMENTS TO THE WATER SUPPLY SYSTEM OF THE CITY CF LIVONIA; AUTI-DRIZING AND PROVIDING FOR THE ISSUANCE OF SELF—LIQUIDATING REVENUE BONDS FOR THESE PURPOSES UNDER THE PROVISIONS CF ACT 94, PUBLIC ACTS OF iUCEICGANs 1933, AS AMENDED; PROVIDING FOR THE FIXING, COT.TFCTION, SEGRETATION AND DISPOSITION OF TIE REVENUES OF SAID WATER SUPPLY SYSTEM OF THE SAID CITY OF LIVONIA, AND PROVIDING FOR A STATUTORY LIFT IN FAVOR OF THE HOLDER OR HOLDERS OF SUCH BONDS UPON THE WHOLE OF SUCH REVENUES." THE CITY OF LIVONIA ORDAINS: Section 1. Section 8 of Ordinance No. 143, as amended, of the City of Livonia, known as the "Water Supply System Ordinance" is hereby amended to provide as follows: Section 8. Charges for service rendered and water supplied by the System shall be charged each lot or parcel of land, building or premises having any connection with the System, on the b alis of the following schedule of rates: Page 4331 SCHEDULE OF RATES (a) Consumption Rates: From 0 to 2,000,000 cu. ft. per month - 31.60 per 1,000 cu. ft. All over 2,000,000 cu. ft. per month - $1.40 per 1,000 cu. ft. (b) Monthly Service Charge: Meter Size Service Charge 5/850 3/411 0.62 1" .98 1-1/2" 1.70 2" 2.66 3.62 it 4.58 6" 7.56 8" 11.60 (c) Minimum Charge Each water user shall pay a minimum charge of $3.00 per cparter. (d) Debt Service Charge: An additional charge of $3.00 per quarter will be charged to all residential and commercial water users connected to mains con- structed between July 1, 1940, and January 1, 1952, until such charge has been paid to the amount of $2.00 per front foot of such property. An additional charge of $4.50 per quarter will be charged to all residential and commercial water users con- nected to mains constructed with the proceeds of this bond issue, until such charge has been paid to the amount of $3.00 per front foot of such property. Industrial users connected to the mains constructed with the proceeds of this bond issue, shall pay a debt service charge of $3.00 per front foot of the property served, said payments to be amortized over a period of ten (10) years and payable in equal quarterly installments. (e) Service Gonne ction Charges: Charges for service connections shall be payable in advance and at the time that the application for the same is made, and are fixed as follvas: $160 for a road 204 feet wide; $135 for a road 120 feet wide; $105 for a]1 others. Applications for service connections shall be made prior to the issuance of a building permit for the premises to be served. Page !j332 Such charges may be revised from time to time at the discretion of the City Council, but shall always be fixed at not less than the cost of making such service connections; provided,however, notwithstanding any of the above provisions of this subsection, all water service connections in excess of 2„ in diameter shall be made by and at the expense of the applicant after depositing with the City of' Livonia a $300.00 cash performance bond; in all such cases, the service connection charge shall be in the amount of $75.00. (f) For fire protection service the City- shall pay, in quarterly in- stallnents, the sum of Ten Dollars ($10.00) per year for each fire hydrant, from its current funds, or from the proceeds of taxes which the City is authorized to levy for such purpose. (g) Swimming Pool Charge: Where any fire hydrant situated in the City of Livonia is used for the purpose of filling a private swimming pool, the user shall first obtain permission from the Water and Sewer Division of the City of Livonia aid, prior to such approval and use, pay to the Water and Sewer Division a service charge of $10.00 for each such use of the fire hydrant and shall also pay to the City of Livonia the cost of all water used for such purposes in accordance with the schedule of rates provided for in this ordinance. (h) Special Rates: For non-metered water services rendered, or any other water service furnished which is not covered by the above schedule, or miscellaneous services for which a special rate should be established, such rates shall be fixed by the City Council. (i) Billing: Charges for water service shall be collected quarterly, provided, however, billing may be changed to monthly billing in such circum- stances as are deemed advisable. Bills shall become due and pay- able on the date specified in s aid bills, and if not paid within fifteen (15) days thereafter, a 10% penalty shall be added thereto. (j) Deposit: A cash deposit ofFifteen Dollars ($15.00) as security for payment of water rates shall be required of each user in such cases as the City Council shall deem such security to be advisable, or in such cases where a deposit is required by the provisions of Se ction 21 of Act 94, Public Acts of hichigan, 1933, as amended. (k) Enforcement: Charges for water service shall constitute a lien on the property served and during March of each year the person or agency charged with the management of s aid Sys tem, shall certify any such charges Page 4333 which as of March 1st of that year, have been delinquent six (6) months or more, to the City Assessor, who shall enter the sane upon the City Tax Roll of that year against the premises to which such service shall have been rendered, aid said charges shall be collected and said lien shall be enforced in tie same manner as provided in respect to taxes assessed upon such roll; provided, that when a tenant is responsible for the payment of any such charge against any premises aid the Water Department or City Council is so notified in writing, then no such charge shall become a lien against such premises from aid after the date of such notice. In the event of the Ming of such notice, no further service shall be rendered by the System to such premises until a cash deposit equal. to three (3) times the average periodical charge to such premises shall have been made as security for the payment of charges thereto. In addition to other remedies provided, the City shall have the right to shut off and discontinue the supply of water to any premises for the nonpayment of water bills when due. Water ser- vices so discontiniied shall not be restored until all sums then due and owing shall be paid. Section 2. Ordinance No. 149 is hereby repealed and all other 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 cons trued as affecting the validity of the remain- ing portions of this ordinance. The foregoing Ordinance was placed on the table fee c maideration at the next regular meeting of the Council. Councilman Kleinert introduced the following Ordinance: AN OhDINANCE APENDING SECTIONS 2. 13, 22, 31 AND 35 OF ME ZONING NAP OF THE CITE OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING THERM SECTIONS 3.260, 3.261, 3.262, 3.263 , 3.2614 AM) 3.265. TIE CITY OF LIVONIA OhDAINS: Section 1. The reports ard recommendations of the City Planning Commission dated September 16, 1959 on Petition No. Z4401; dated January 27, 1960 on Petition No. Z-1429$ as amended; dated January 28, 1960 on Petitions No. Z-1423 and No. Z-431; dated February 2, 1960 on Petition No. Z-428; a nd dated March 2, 1960 on Petition No. Z-14331 having been considered by the Council, the Council hereby adopts said petitions to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceed- ings heretofore conducted on said petitions are hereby approved. Section 2. Article 3.00 of the Zoning °rdinance„ Ordinance No. 00, as amended, of the City of Livonia, is hereby amended by adding thereto the followirg sections: Page 4334 Section 3.260. Petition No. Z-/401 initiated by the City Planning Commission is hereby granted ani the zoning classification of the premises described in said petition is hereby changed from /41-1 to C-2 as requested in said petition and the North 1/2 of Section 35 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.261. Petition No, Z-1.23 submitted by Harold E. Booth is hereby granted and the zoning classification of the premises described in said petition is hereby changed from RUB to R-1-A as requested in said petition and the Northeast 1/14 of Section 2 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.262. Petition No. Z-1428 submitted by Adolf and Emma Altenburg is hereby granted and the zoning classification of the premises described in said petition is hereby changed from RUFB to R-1-A as requested in said petition and the Southwest 1/14 of Section 13 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.263. Petition No. Z-1429, as amended, submitted by Arthur Pollack is hereby granted and the zoning classification of the premises described in said amended petition is hereby changed from RUFB to R-1-A as requested in said amended petition and the Southwest 1/14 of Section 22 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.2614.. Petition No. Z-1431 submitted by George Pastor is hereby granted and the zoning classification of the premises described in said petition is hereby changed from RUFB to R-1-A as requested in said petition and the Southwest 1//4 of Section 22 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.265. Petition No. Z-433 initiated by the City Planning Commission is hereby granted and tie zoning classificotion of the premises described in said petition is hereby changed from R-1-B to R-1-A as requested in said petition and the North 1/2 of Section 31 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 59 of the Zoning Map of the City of Livonia," sh owing all of the amendments and changes made in the fore- going Section 2 of this ordinance is hereby approved, established and made a part thereof. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 5. Should any portion of this ordinance be heldinvalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman McCann, seconded by Councilman Salvadore and unanimously adopted: it was Page 4335 #219-60 RESOLVED that, the Ordinances amending Ordinance No. 60, containing Petitions No. Z-321 and No. Z-317 (Maps 60 and 61), be tabled to the next regular meeting of the Council. Councilman Kleinert introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 4.45 OF ARTICLE 4.00 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA." TIE CITY CF LIVONIA ORDAINS: Section 1. Section 4.45 of Article 4.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," is hereby amended to read as follows: Section 4.45. Protective Walls. Notwithstanding other provisions of this ordinance where off-street parking areas or rear yards of commercial properties adjoin or are contiguous to any residential district or districts, whether or not said residential district has been developed, the owner of the commercial land shall provide and construct a continuous, unpierced and reinforced poured concrete or hardburned brick wall not less than five (5) feet nor more than seven (7) feet in height to adequately screen such parking or commercial district from abutting residential districts, the height of said wall to be measured from the surface of the parking or commercial lot. Such wall shall be constructed on the rear easement line rather than on the rear lot line of the particular commercial property; provided, however, that where the construction of such wall on a rear easement line will work a hardship on a particular property owner because of the location and size of such easement or for any other special circumstance, this requirement may be modified by the Zoning Board of Appeals. All plans and specifica- tions of such wall shall be submitted to the Division of Engineering of the Department of Public Works for their approval and such wall shall be con- structed in strict accordance with the plans and specifications of that department. The construction of such wall shall not be commenced until a building permit has been secured from the Bureau of Inspection. It shall be the responsibility of the owner of the premises on which any protective wall is located to maintain and keep the area between such protective wall and the rear lot line of such property free and clear of any debris, trash, weeds and waste of any material and at all times to keep such area in a neat, clean and orderly fashion. Section 2. Ordinance No. 240 is hereby repealed and all other 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 afffcting the validity of the remain- ing portions of this ordinance. The foregoing Ordinance was placed on the t able for consideration at the next regular meeting of the Council. Page 1+336 Councilman Kleinert introduced the following Ordinance: L. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PLBLI C GROUND THE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated June 26, 1958 on Petition No. V-30; dated July 21, 1958 on Petitions No. V-31 and No. V-32; dated August 27, 1958 on Petition No. V-33; and dated Septenber 15, 1958 on Petitions No. V-34 and No. V-35, for vacating portions of certain streets, alleys and public ground, are hereby accepted and adopted and the Council does hereby approve all proceedings on said petitions, it appearing that public hearings thereon were duly held on June 17,1958, July 15, 1958, August 19,1958 and September 9, 1958, as pro- vided by law and that proper notices of such hearings were given. 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 portions of certain streets, alleys and public ground are hereby vacated: (a) Those portions of alleys described in Petition No.V-30, as amended, being more particularly described as the alleyways to the rear of Lots No. 1 through No. 5, and Lots No. 145 through No. 181 ; Lots No. 217 through No. 256, and Lots No. 276 through No. 3141, in Beverly Gardens Sub- division, situated in the Northwest 1/4 of Section 11, T. 1 S. R. 9 E., City of Livonia, Michigan; provided, however, that there be and hereby is reserved an easement the full width of the vacated alley (18 feet) for public utilities and surface drainage, and subject to the approval of the utility companies and the Engineering Division of the City of Livonia. (b) Those portions of alleys described in Petition No. V-31, being more particularly described as the alley located between Inkster Road and Rensellor Blvd., from Pembroke to Seven Nile Road (north-south alley), and the alley south of Lots No. 66 through No. 78, Lots No. 183 through No.194, Lots No. 299 through No. 310 and Lots No. 1.15 through No. 1.420 (east west alley), in Botsford Park Subdivision, and situated in the East 1/2 of the Southeast 1/li. of Section 1, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; provided, however, that there be and hereby is reserved an ease- ment the full width of such alleys (18 feet) for public utilities and surface drainage; and provided further, that the alleys north of and parallel to Seven Mile Road shall not be affected by this ordinance. (c) That certain alley described in Petition No.V-32, being more particularly described as the north-south alley located between Dover Avenue and vacated Cathedral Avenue between Lots No. 155 through No. 169 and Lots No. 205 through No. 219 in Bonaparte Gardens Subdivision, situated in the South 1/2 of the Southeast 1/14 of Section 35, T. 1 S. R. 9 E., City of Livonia, Michigan; provided, however, that there be and hereby is reserved an easement the full width (18) feet)of the present alley for public utilities and surface drainage. (d) That certain alley described in Petition No. V-33, being more particularly described as the alley which runs from Dover Street to Page 4337 Grandon Street and bounded on the East by Danzig and Henry Ruff on the West in the Bonaparte Gardens Subdivision, situated in the Southeast 1/4 of Section 35, T. 1 S., R. 9 E., City of Livonia, Michigan; provided, however, that there be and hereby is reserved an 18 foot easement for public utilities and surface drainage. (e) That certain alley described in Petition No. V-34, being more particularly described as the alley bounded by Pickford on the North and Curtis an the South, Farmington on the West and Westmore an the East in the Garden Grove Subdivision in the Northwest 1/4 of Section 10, T. 1 S., R. 9 E., City of Livonia, Michigan ; provided, however, that there be and hereby is reser ved an easement the full width of the present alley, for public utilities and surface drainage. (f) Those portions of alleys described in Petition No. V-35, being more particularly described as the alley located at the rear of Lots No. 275 through No. 278 and the alley adjacent to Lots 278 and 279 located in Coventry Gardens, being a subdivision of the Southeast i/!t of Section 16, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; provided, however, that there be and hareby is reserved an easement the full width of the present alley for public utilities and surface drainage. Section 3. Ordinance No. 225 is hereby repealed and all other 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 I . 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 Kleinert introduced the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STRMT, ALLEY AND PUBLIC GROUND THE CITY OF LIVONIA OhDAINS: Section 1. The reports and recommendations of the City Planning Commission dated November 25, 1958 on Petition No. V-38 and Petition No. V-39 for vacating portions of certain streets, alleys and public ground are hereby accepted and adopted, and the Council does hereby approve all proceedings on said petitions, it appearing that a public hearing thereon was duly held on November 11, 1958 and November 18, 1958, as provided by law and that proper notices of such hearing were given. Section 2. Pursuant to Ordinance No. 29 of the City of Livonia entitled "An Ordinancoviding the Procedure for Vacating of Streets, Alleys and Public Ground" as amended by Ordinance No. 50, the following portions of certain streets, alleys and public ground are hereby vacated: Page 4338 (a) That certain alley described in Petition No. V-38 and being more properly described as: The twenty (20) foot alley running east and west and 4.ying south of Seven Mile Road between Woodring and Loveland Avenues and adjacent on the south to Lot No. 797 of Supervisor's Livonia Plat No. 13 and Lot No. 374 of Argyle Park Subdivision, and adjacent on the north to Lots No. 798 arra No. 799 of Supervisor's Livonia Plat No.13, and Lots No. 370, 371, 372 and 373 of Argyle Park Subdivision, located in the Northwest i/4 of Section 10, T. 1 S., R. 9 E., Wayne County, Michigan; provided, however, that there be and hereby is reserved a twenty (20) foot wide easenent across the westerly 'nil feet of the above alley for public utilities and surface drainage purposes. (b) Thcs e certain alleys described in Petition No. V-39, and being more properly described as follows: The North-South alleys lying between Pickford Avenue and the alley South of Seven Mile Road and adjacent to Lots 92-93 through 57-128; 164-165 through 129-200; 23o-237 through 201-472• and 308-309 through 273-344 of Beverly Gardens Subdivision located in the North- west 1/4 of Section 11, City of Livonia, Town 1 South, Range 9 East, Wayne County, Michigan; provided, however, that there be and hereby is reserved an 18 foot easement for the full width of the present alleys for public utilities and surface drainage purposes. Section 3. Ordinance No. 239 is hereby repealed and all other ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessaty 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 remain- ing portion of this ordinance. The foregoing Ordinance was placed on the t able for c cnsideration at the next regular meeting of the Council. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #220-60 RESOLVED that, Petition No. V-% submitted by Marvin M. Bresoff, et al, for the vacating of the alley between Rensellor Analue and Inkster Road in the Southeast 1/4 of Section 1, is hereby referred to the City Plan- ning Commission for action according to law arra Ordinance No. 29. The report of the Municipal Court for the month of March,1960, was received and placed on file. By Councilman Salvadore, seconded by Councilman McCann, it was #221-60 RESOLVED that, having considered the letter dated April 21, 1960 from the Director of Public forks, the Council does hereby transfer the sum of $400.00 from the Provision for Other Supplies and Services Account to the D epartment of l'ubli c works Account #46, for the purpose of paying one months rental on the Northwest DPW Yard located on Eight Mile Road near Merriman Road. Page 14339 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Grant, Salvadore, McCann and Sasser. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, it was #222-60 RESOLVED that, the Council does hereby request the Department of Public Works to submit a progress report indicating the progress on Fire Station Site No. 3, located at Farmington and Seven Mile Roads, with particular reference to the scheduled date of completion. By Councilman Kleinert, seconded by Councilman Salvadore, it was RESOLVED that, having considered the letter dated April 20, 1960 from the Mayor pertaining to Livonia's 10th anniversary, the sum of $3,000.00 be and hereby is appropriated to the Special Budget Account for the use of the 10th .Anniversary Committee. Councilman McCann offered the following amendment to the foregoing resolu- Lseconded by C ouncilman Bagnall: That the foregoing resolution be amended to appropriate the sum of $3,000.00 from the Mayor's Emergency Fund for the 10th anniversary celebration. A roll call vote was taken on the foregoing amendment with the following result: AYES: Bagnall, Kleinert, Grant, Salvadore, McCann and Sasser. NAYS: None. A roll call vote was taken on the resolution, as amended, as follows: #223-60 RESOLVED that, having considered the letter dated April 20, 1960 from the Mayor pertaining to Livonia's 10th Anniversary, the sum of 3,000.00 is hereby appropriated from the Mayor's Emergency Fund to the Special Budget Account for the use of the 10th Anniversary Committee. with the following result: AYES: Bagnall, Kleinert, Grant, Salvadore, McCann and Sasser. NAYS: None. The President declared the resolution, as amended, adopted. By Councilman McCann, seconded by Councilman Bagnall and unanimously adopted, it was Page 4340 #224-60 RESOLVED that, having considered the letter from the Reverend Ferdinand A. Wolber, Pastor of St. Genevieve Parish, to dedicate to the City part of Lot 53 in Patty Ann Subdivision for driveway to parking lot of St. Genevieve Parish,. the Council regrets that such offer cannot be accepted, it having been determined that no public necessity exists for such public use at this time. The following items have been referred to the committees set forth opposite the item listed. 1. Letter from the Mayor re: Reassessment of Property, Hearing on Objections; Mayor's Advisory Committee - Committee of the Whole. 2. Report from the Department of Public Works re: Compensation - Municipal Refuse Contract - Water Supply, Drainage, Sewage and Waste Disposal Committee. 3• Request of Bonadeo Corporation re: Street Widths in Fairway Farms Subdivision - Streets, Roads and Plats Committee. Li.. Recommendation of the civil Service Commission re: adjustment of salary and change in nomenclature (City Planner) - Finance Committee. On motion of Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, this 307th regular meeting of the Council of the City of Livonia was duly adjourned at 10:55 P. M., April 25, 1960. 7, / / 7L.-- ._ a3rie W. Clark, City Clerk