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HomeMy WebLinkAboutCOUNCIL MINUTES 1960-05-09 Page 143144 MINUTES OF THE THREE HUNDRED EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 9, 1960, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was caJ l ed to order by the President at approximately 8335 P. M. Council- man Kleinert delivered the invocation. Roll was called with the following results Present-- Robert Sasser, John T. Daugherty, Sydney B. Bagnall, Rudolf R. IQirert, Austin T. Grant, Jack Salvadore and James R. McCann. Absent-- None. By Councilman Kleinert, seconded by Councilman Grant and unanimously adopted, it was #229-60 RESOLVED that, the minutes of the 307th regular meeting of the Council of the City of Livonia held April 25, 1960, and the 52nd special meeting held April 28, 1960, are hereby approved. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #230-60 RESOLVED that, having considered the report and recommendation of the City Clerk dated April 21, 19,60, relative to the designating of polling places for Precincts #25 and #26, the Council does hereby designate McKinley Elementary School located at 9101 Hillcrest Avenue north of Joy Road, as the polling place for Precincts #25 and #26, provided, however, that notification of such change shall not be mailed until after June 15, 1960. By Councilman Bagnall, seconded by Councilman Daugherty and unanimously adopted, it was #231-60 RESOLVED that, having considered the report and recommendation of the Chief City Engineer dated May 14, 1960, and the letter dated May 2, 1960 from the Detroit Edison Company addressed to the Chief City Engineer, the Council does hereby approve the re-alignment of the proposed street lighting on Plymouth Road between Inkster and Farmington as requested by the Detroit Edison Company and does hereby further approve the efforts of the Detroit Edison Company to obtain necessary rights-of-way to accomplish this project. By Councilman Daugherty, seconded by Councilman Grant, it was #232-60 RESOLVED that, having considered the report and recommendation of the Chief City Engineer dated May 3, 1960, and approved by the Director of Public Works, with reference to the continuance of the Farmington Road Sanitary Sewer, the Council does hereby approve the expenditure of $6,936.00 to be added to the existing contract price of $314,906.60 for the purpose of providing an extension to the Farmington hoad Sanitary Sewer and does hereby Page 4345 authorize the Mayor, the City Clerk and Director of Public Works t o do all things necessary to secure the permission of the Michigan Health Department for such sewer extension and to extend the agreement of S. Weissman Excavating Company to construct such extension for the amount of $6,936.00 in accordance with the recommendation of the Chief City Engineer dated May 3, 1960. A roll call vote was taken on the foregoing resolution with the following results AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser. NAYS: None. By Councilman Bagnall, seconded by Councilman Grant, it was #233-60 RESOLVED that, pursuant to the report and recommendation of the Superintendent of Operations Division dated May Li, 1960, approved by the Director of Public Works, with reference to the report on bids for a gradall, the Council does hereby accept the bid of the Telford Equipment Company, 10000 Freeland, Detroit 27, Michigan, in the amount of $28,600.00 for the purchase of one gradall, such having been the only bid submitted which credited the City of Livonia with a trade-in value, and the Council does hereby authorize the Mayor and City Clerk to execute a Chattel Mortgage, not to exceed two (2) years in duration, in an amount sufficient to accomplish the purchase of the gradall; and the City Clerk, City Treasurer and Director of Public works are authorized to do all additional things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Grant, Salvadore, ItCann, Daugherty, Bagnall and Sasser. NAYS: None. By Councilman Bagnall, seconded by Councilman McCann, it was #234-60 RESOLVED that, having considered the report and recommendation of the City Attorney and Budget Director dated May 3, 1960, rtth reference to the financing of the proposed Hubbard Road Bridge, the Council does hereby: (1) Transfer the sum of $43,186.24 from the 1957 Motor Vehicle Highway Fund to the 1957 Motor Vehicle highway Fund Bond Debt Retirement Fund; (2) Appropriate the sums of $15,000.00 from the highway Bond Account and $19,141. 0.00 from the Unappropriated Surplus to the Hubbard Road Bridge Construction Account; and the Engineering Division of the Department of Public Works is requested to immediately advertise for and receive bids for the construction of the Hubbard Road Bridge and the advertisement should appear in trade journals determined by the Chief City Engineer. A roll call vote was taken on the foregoing resolution with the followirg results Page 4 346 AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser. NAYS: None. Councilman Kleinert, Chairman of the Finance and Insurance Committee, sub- mitted a report from his committee, which was received and placed on file. By Councilman Kleinert, seconded by Councilman Grant, it was RESOLVED that, having considered the report and recommendation of the Finance and insurance Committee of the Council, dated Ma`y 3, 1960, the Council does hereby approve the recommendation of the Civil Service Commission dated February 1, 1960, which recommended an increase effective December 1, 1959, in the amount of 8 cents per hour for certain D. P.W. hourly-rated employees, and the sum of 11,490.00 is hereby transferred from the Unappropriated Surplus to the following accounts in the amount stated: Operations Division Acct. No. 1 (Salaries) $9,390.00 Engineering Division Acct. No. 1 (Salaries) 600.00 Parks Dept. Account No. 1 (Salaries) 1,500.00 Councilman Salvadore read a minority report of the Finance aid Insurance Committee regarding the eight cents an hour pay increase for DPW hourly employees. Councilman Daugherty offered the following amendment to the foregoing resolution, seconded by- Councilman McCann: RESOLVED that, considering the report and recommendation of the Finance and Insurance Committee of the Council, the Council does hereby approve the recommendation of the Mayor and Civil Service Commission for an eight cent (8¢) per hour increase effective the first complete pay period after the effective date of this resolution for the permanent Civil Service hourly employees in classifications established for the Operations and Water and Sewer Division of the Department of Public Works; and the Council does hereby appropriate to: Operations Division Salary Acct. #1 $5,200.00 Eng neering Division Salary Acct. #1 300.00 Parks Department galaxy Acct. #1 925.00 Totals $6,425.00 from the Unappropriated Surplus, and does hereby amend the Water Division Budget by providing $1,600.00, and the Sewer Division Budget by providing $1,900.00 for the increases as outlined above. A roll call vote was taken on the foregoing amendment with the following results AYES: McCann and Daugherty. NAYS: Kleinert, Grant, Salvadore, Bagnall and Sasser. The President declared the amendment denied. Page 4347 A roll call vote was taken on the original resolution with the following result: AYES: Kleinert, Grant and McCann. NAYS: Salvadore, Daugherty, Bagnall and Sasser. The President declared the resolution denied. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was #235-60 RESOLVED that, the Civil Service Commission is hereby requested to submit to Council any specific existing inequities, in the opinion of the Civil Service Commission, in the hourly rated and salaried classifi- cations for consideration by the City Council in the next budget; that the Civil Service Commission is requested to furnish to every Civil Service employee the Civil Service rules and regulations, salary schedule, benefits and job description as required by the City Charter, and that a complete proposed salary schedule for all classifications be submitted to the City Council by July 1, 1960, for the next fiscal year, as previously requested by resolution #118-60. By Councilman Daugherty, seconded by Councilman Bagnall, it was #236-60 RESOLVED that, pursuant to the report and recommendation of the Finance and insurance Committee, dated May 3, 1960, the Council does hereby approve of and concur in the recommendation of the Civil Service Commission dated March 16, 1960, and effective the first complete pay period in May, 1960, the salary of the First Assistant City Attorney shall be $9,040.00, and for that purpose the sum of $350.00 is hereby transferred from the Provision for Pay Increase Account to the Department of Law Account No. 1 (Salaries). A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser. NAYS: None. By Councilman Kleinert, seconded by Councilman Grant, it was #237-60 RESOLVED that, pursuant to the report and recommendation of the Finance and insurance Committee dated May 3, 1960, the Council does hereby app rove of and concur in the recommendation of the Civil Service Commission dated March 16, 1960, and effective the first complete pay period in May, 1960, the salary for the Assistant City Attorney shall be $8,730.00, and for that purpose the sum of $350.00 is hereby transferred from the Pro- vision for Pay Increase Account to Department of Law Account No. 1 (Salaries). A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser. NAYS: None. Page 4348 By Councilman Kleinert, seconded by Councilman Bagnall, it was #238-60 RESOLVED that, having considered the report and recommendation of the Finance and Insurance Committee of the (buncil dated May 3, 1960, the Council does hereby approve the recommendation of the Civil Service Commission dated March 23,1960, only insofar as a pay increase to the amount of $8,730.00 per annum is granted the City Planner, however, the balance of the Civil Service Commission recommendation with reference to pay increase and change in classification is not accepted, and the Council does hereby transfer the sum of $290.00 from the Provision for Pay Increase Accountto City Planning Commission Account No. 1 (Salaries), and the salary of $8,730.00 for the City Planner shall be effective for the first full pay period in May, 1960, subject to concurrence by the Civil Service Commission. A roll call vote was taken on the foregoing resolution with the following results AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser. NAYS: None. By Councilman Kleinert, seconded by Councilman Grant, it was #239-60 RESOLVED that, having considered the report and recommendation of the Finance and Insurance Committee of the Council dated May 3, 1960, the Council does hereby transfer or appropriate the following amounts listed after the items specified to: Mayor's Office Account No. 5 (car allowance) $ 300.00 Operations Division Acct. #1 (Salaries) 2,314.00 Care of Poor and Drain Tax Account 3,285.00 General Insurance Account 5,000.00 Provision for Pay Adjustment-Longevity Account 5,021.00 Operations Division Acct. #70E (Equipment) 5,000.00 Municipal Court Account #1 (Salaries) 500.00 Municipal Court Account #7CE (Equipment) 90.00 Budget & Purchasing Division Acct. #70E (Equipment) 1,000.00 Planning Commission Acct. #70 (Equipment) 300.00 Civil Service Commission Acct. #70 (Equipment) 350.00 Civil Defense Account #70 (Equipment) 1,000.00 Industrial Development Commission Acct. #70 (Equipment) 500.00 Parka Department Acct. #1 (Salaries) 3,650.00 Recreation Dept. Acct. #1 (Salaries) 15,263.00 Operations Division Acct. #1 (Salaries) 4,500.00 Legislative Account #5 2,800.00 50,873.00 from the following accounts: Provision for Additional Personnel 31,248.00 Provision for Other Supplies 300.00 Provision for Capital Improvements 8,240.00 City Planning Acct. #60 (Miscellaneous) 100.00 Unappropriated Surplus 10 985.00 5(873.00 A roll call vote was taken on the foregoing resolution with the following result: Page 143149 AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser LNAYS: None. By Councilman Kleinert, seconded by Councilman Salvadore, it was #2140-60 RESOLVED that, having considered the report of the Finance and Insurance Committee dated May 3 1960, the Council does hereby transfer to Planning Commission Account #19 (Travel & Educ ati on) the sum of $100.00 from Planning Commission Account #60 and $300.00 from the Unappropriated Surplus. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Grant, Salvadore, McCann, Daugherty and Bagnall. NAYS: Sasser. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Salvadore, it was #2141-60 RESOLVED that, having considered the report and recommendation of the Finance and Insurance Committee, and in accordance with the provisions of' Section 18 of Ordinance No. 216, the sum of $50.00 per month be and hereby is established as the monthly sum that the Mayor and Councilmen may elect to receive for the use of their own motor vehicles while on City business, and that the change from the formerly approved amount be made effective as of December 1, 1959 for the office of Mayor and on May 1, 1960 for the office of Councilmen, and all resolutions in conflict herewith be and hereby are rescinded. A roll call vote was taken on the foregoing resolutitnwith the following result: AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser. NAYS: None. Councilman Grant introduced the following Ordinances AN ORDINANCE AMENDING SECTIONS 14, 5, 6, 7, 8, 16,17, 18, 19, 20 AND 21 OF 1HE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTI CIE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF TIE CITY OF LIVONIA BY ADDING THERETO SECTION 3.267. THE CITY OF LIVONIA ORDAINS: LSection 1. The reports and recommendations of the City Planning Commission dated June 2, 1959, July 1, 1959 and February 8, 1960 on Petition No. Z 321, 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 hereto- fore conducted on said petition are hereby approved. Page l360 Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as omended, of the City of Livonia, is hereby amended by adding thereto the following section: Section 3.267. Petition No. Z-321, as amended, initiated by the City Planning Commission is hereby granted in accordance with and to the extent recommended in the recommendation of the City Planning Commission dated February 8, 1960, and set forth in Perming Commission resolution #2-16-60, and the zoning classifications of the premises described in said amended petition and situated in Sections 4 through 8, inclusive, 17 through 21, inclusive, and the South 1/2 of Section 16 of the City of Livonia are hereby changed in accordance with the zoning indicated on the Master Pattern of the Re-evaluati on of Zoning Study dated July, 1958, prepared by the City Planning Commission of Livonia, and those certain portions of Section 4 through 8, inclusive, 17 through 21, inclusive, and the South 1/2 of Section 16 of the Zoning Map are hereby amended to conform to the change made in this section; provided, however, that all property, the zoning classifica- tion of which was affected by the following petitions: Z-287, Z-324, Z-340, Z-344, Z-345, Z-348, z-358, Z-360, Z-379, Z-392, Z-393, Z-394 and Z-398, shall not be affected in any manner whatsoever by this ordinance. Section 3. The attached asap designated "Amendment No. 61 of the Zoning Map of the City of Livonia," showing all of the amendments and changes made in the fore- going Section 2 of this ordinance is hereby approved, established and made a part 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 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 AMENDING SECTIONS 9, 10, 11 AND 16 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 3.268. TIE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated December S, 1958, June 2, 1959, June 23, 1959, July 1, 1959, January 28, 1960, and February 8, 1960 on Petition No. Z-317, having been considered by the Councils-the Council hereby adopts said petition to amend the Zoning Ordinance and the Zoning Map of the City of Livonia aid all proceedings heretofore conducted on said petition are hereby approved. Page 1,351 Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, is hereby amended by adding thereto the following section: Section 3.268. Petition No. Z-317, as amended, initiated by the City Planning Commission is hereby granted in accordance with aid to the extent recommended in the recommendation of the City Planning Commission dated February 8, 1960, and set forth in Planning Commission resolution #2-15-60, and the zoning classification of the premises described in said amended petition and situated in Sections 9, 10, 11 and the North 1/2 of Section 16 of the City of Livonia are hereby changed in accordance with the zoning indicated on the Master Pattern of the Re-evaluation of Zoning Study dated July, 1958, prepared by the City Planning Commission of Livonia and those certain portions of Sections 9, 10, 11 and the North 1/2 of Section 16 of the Zoning Map are hereby amended to conform to the change made in this section; provided, however, that all property, the zoning classifica- tion of which was affected by the following petitions: Z-290, Z-293, Z-315, Z-316, Z-365, Z-367„ Z-371, Z-372, Z-373, z-386, Z-389 and Z-396, shall not be affected in any manner whatsoever by this orrdinance. Section 3. The attached map designated "Amendment No. 62 of the Zoning Nap of the City of Livonia," showing all of the amendments and changes made in the fore- going Section 2 of this ordinance is hereby approved, established and made a part 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 held invalid for any reason, such holding shall not be construed as affecting the validity of any of the regaining portions of this ordinance. The foregoing Ordinance was placed on the table for c onsideraticn at the next regular meeting of the Council. By Councilman Kleinert, seconded by Councilman Grant, it was #212-60 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 Plan- ning 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 4 through 11, inclusive, 1!t through 2!t, 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, having previously rezoned Sections 4, 5, 6, 7, 8, 9, 10, 11, 16,17, 19, 20, and 21 by their own resolution number 86-60, does hereby approve said report and instructs the City Attorney to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution, but excluding the area covered by Council resolution #207-60. A roll call vote was taken on the foregoing resolution with the following result: Page 4352 AYES: Kleinert, Grant, Salvadore, McCann., Bagnall and Sasser. NAYS: Daugherty. The President declared the resolution adopted. An Ordinance to Amend Section 8 of Ordinance No. 43, as amended., Entitled "An Ordinance to Provide for the Refunding of Outstanding Water Supply System Refunding and Extension Revenue Bonds, and Construction of Extensions and Improvements to the Water Supply System of the City of Livonia; Authorizing and Providing for the Issuance of Self-Liquidating Revenue Bonds for These Purposes Under the Provisions of Act 9i, Public Acts of Michigan, 1933, as amended; Providing for the Fixing, Collection Segregation and Disposition of the Revenues of said Water Supply System of the said City of Livonia, and Providing for a Statutory Lien in Favor of the Holder or Holders of such Bonds Upon the Whole of such Revenues," introduced by Councilman Bagnall on April 25, 1960, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, Salvadore, Grant, McCann, Daugherty, Bagnall and Sasser. NAYS: None. The President declared the Ordinance duly adopted and would become effective on date of publication. An Ordinance Amending Sections 2, 13, ��, 31 and 35 of the honing Map of the City of Livonia and Amending Article 3.00 of the toning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, by Adding Thereto Sections 3.260, 3.261, 3.262, 3.263, 3.2614 and 3.265," introduced by Councilman Kleinert on April 25, 1960, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser. NAYS: None. The President declared the Ordinance duly adopted and would become effective on date of public ati on. Page 4353 An Ordinance Amending Section 4.45 of Article 4.00 of Ordinance No. 60, as amended, entitled Zoning Ordinance of the City of Livonia, introduced by Councilman Kleinert on April 25, 1960, was taken from the table and a roll call vote conducted thereon with the following results AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser NAYS: None The President declared the Ordinance duly- adopted and would become effective on date of publication. An Ordinance Vacating Portions of Street, Alley and Public Ground, (Petitions V-30, V-31, V-32, V-33, V-3)4 and V-35) introduced by Councilman Kleinert on April 25, 1960, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, Grant, Salvadore, ItCann, Daugherty, Bagnall and Sasser NAYS: None. The President declared the Ordinance duly adopted and would become effective on date of publication. An Ordinance Vacating Portions of Street, Alley and Public Ground, (Petitions V-38 and V-39) introduced by CouncilmanKleinert on April 25, 1960, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser NAYS: None. The President declared the Ordinance duly adopted and would become effective on date of publication. By Councilman McCann, seconded by Councilman Salvadore, it was #243-60 RESOLVED that, having considered the request of the City of Detroit Board of Water Commissioners dated April 28, 1960, and the letter from the Board of Wayne County Road Commissioners dated May 3, 1960, the Council, having previously expressed its position relative to the request Page 4354 of Plymouth Township for water in Council resolution #103-60 adopted March 114, 1960, does hereby receive and place on file the request of the City of Detroit Board of Water Commissioners. A roll call vote was taken on the foregoing res oluti on with the following results AYES: Grant, Salvadore, McCam, Daugherty, Bag►all aid Sasser. NAYS: Kleinert. The President declared the resolution adopted. At 9:32 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 Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #2144-60 RESOLVED that, having considered the request of the Board of Wayne County Road Commissioners dated April 26, 1960, relative to acquir- ing the dedication of City property located at 11100 Merriman Road for the purpose of the Merriman Road widening project, the Council does hereby authorize the Mayor and City Clerk to execute a Quit Claim Deed to the Wayne County Road Commission for the dedication of 27 feet of road frontage in front of 111400 Merriman Road. April 28, 1960 To the Hmorable the Common Council of the City of Livonia City Hall, 33001 Five Mile Road Livonia, Michig an Res Merriman Road Condemnation Case Ladies and Gentlemen: The so-called "State Agency and Public Corporation Condemnation Law," Act No. 1149 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 far 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 County of Wayne, Michigan, of the private property in the City of Livonia described in the resolution adopted by the Board on March 214, 1960, declaring and determining the taking of said private property to be necessary for the widening and changing of Merriman Road in the City of Livonia, Wayne County, Michigan, extending from the intersection thereof with Joy Road northerly to Schoolcraft Road. It is requested that the Council waive reconsideration, and that immediate approval be given by the Mayor. Page 4355 A certified copy of the Board of Wayne County Road Commissioners' resolu- tion and a drawing of the property to be acquired are submitted herewith. Very truly yours, BOARD OF WAYNE COUNTY ROAD CONMtSSIONERS S. A.Noetzel, Secretary and Clerk of the Board. RESOLUTION Merriman Road Commissioner O'Brien moved the adoption of the following resolution: WHEREAS, this Board did on the 9th day of September, 1927, by proper resolution, take over jurisdiction of Merriman Road (now) in the City of Livonia, extending from its intersection with Ford Road, northerly to its intersection with Plymouth Road, which resolution was duly published and served in accordance with the statute in such case made aid provided; and this Board did on the 15th day of December, 1931, by proper resolution, take over the jurisdiction of 1"kerriman Road (now) in the City of Livonia, extending from its intersection with Plymouth Road, northerly to its intersection with Schoolcraft 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 Merriman Road in the City of Livonia, Wayne County, Michigan, extending from the intersection thereof with Joy Road northerly to Schoolcraft 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 ilerriman Road in the City of Livonia, Wayne County, /lichigan, extend- ing from the intersection thereof with Joy Road northerly to Schoolcraft Road, and that said improvement is a necessary public improvement for the use and benefit of the public; BE IT FURTHER RESOLVED, that this Board does hereby declare and determine, and it is hereby declared and determined, that it is necessary to take the fee to private property located in the 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 private property necessary for the making of such public improvement, all in accordance with the statute in such case made aid provided, said private property being described as follows: Lands in Sections 26, 27, 34 and 35, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as: The west 60.0 feet of Section 26, excepting therefrom the rights-of-way of Plymouth and Schoolcraft Roads and the rights-of-way of the Chesapeake and Ohio Railroad. Subject to the rights of the public in the existing right-of- way of 1'erriman Road. ALSO: The east 60.0 feet of Section 27, excepting therefrom the rights-of- way of Plymouth and Schoolcraft Roads and the right-of-way of the Chesapeake Page 4356 and Ohio Railroad. Subject to the rights of the public in the existing right-of-way of Merriman Road. ALSO: The west 60.0 feet of the south 330 feet and the west 60.0 feet of the north 1315.5 feet of the N. W. 1/4 of Section 35, excepting therefrom the right-of-way of West Chicago Road. Subject to the rights of the public in the existing rights-of-way of Merriman and Plymouth Roads. The motion was supported by Commissioner Wilson and carried by the following votes: AYES: Commissioners Wilson and O'Brien. NAYS: None. Absent: Commissioner Kreger. CERTIFICATION I, Marvin C. Buyers, Assistant Secretary and Clerk of the Board of County Road Commissioners of the County of Wayne, do hereby certify that the above is a true and complete copy of an excerpt from the minutes of a meeting of said B oard held on the 24th day of March, A. D. 1960, 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 my hand at Detroit this 24th day of March, A. D. 1960. Marvin C. Buyers Assistant Secretary and Clerk of the Board. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #245-60 RESOLVED that, consent be and hereby is granted to the Board of County Road Commissioners of the County of Wayne, Michigan, to take by eminent domain, under the provisions of Act No. 149 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 Commissioners of the County of Wayne, Michigan, on Thursday, March 24, 1960, declaring and determining the taking of said private property to be necessary for the making of a certain necessary public improvement, to wit: The widening and changing of Merriman Road in the City of Livonia,Wayne County, Michigan, extending from the inter- section thereof with Joy Road northerly to Schoolcraft Road. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Grant, Saivadore, McCann, Daugherty, Bagnall and Sasser. NAYS: None. By CouncilmanBagnall, seconded by CouncilmanGrant and unanimously adopted, it was Page !i357 #246-60 RESOLVED that, the Council, being desirous of ascertaining the progress on the Harriman Road paving program between Joy and Schoolcraft in the City of Livonia, does hereby request the Wayne County Road Commission to inform the Council as to the status of negotiations for said paving project with respect to the moving of the Imperial Pipe Line Limited gas line and as to immediate information as to whether or not this paving project will be completed during the summer of 1960. By Councilman McCann, seconded by Councilman Bagnall and unanimously adopted, it was #247-60 RESOLVED that, the question of Paying Agent for the $720,000.00 City of Livonia Water Supply System Revenue, Series D, Bonds, be tabled pending a report from the Department of Law as to the provisions for selecting such paying agent. By Councilman Salvadore, seconded by Councilman Grant and unanimously adopted, it was #248-60 RESOLVED that, having considered the letter from Louis Naufel dated April 15,1960, concerning the operations of the Berri-Five Bowling Alley, the Council does hereby request the Department of Public Works to submit a report to the Council on the drainage, greenbelt and fence located upon the Berri-Five property as are more specifically contained in the letter dated April 15, 1960, which is attached for the benefit of the Department of Public Works. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #249-60 RESOLVED that, before determining to install street lights in Livonia Meadows Subdivision located in the East 1/2 of the Southeast 1/4 of Section 12 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 nukber of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number 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 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 install- ments in which assessments may be paid and the land which should be in- cluded in the proposed special assessment district, pursuant to the provisions of Section 6 of Ordinance No. 31, as amended. By Councilman Kleinert, seconded by Councilman Salvadore and unanimously adopted, it was #250-60 RESOLVED that, having considered the petitions of residents on Fairfield Avenue for curbs and Floral Avenue for paving, the Council does Page 1,358 hereby request the Engineering Division of the Department of Public Works to submit a preliminary report and recommendation to the Council covering the anticipated cost and extent of improvements necessary for such improvements. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was #251-60 RESOLVED that, before determining to install sidewalks on Alexander Avenue from Five Mile Road to Jamison Avenue, which proposed sidewalks are located in the Aorthwest 1/4 of Section 24 of 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 valua- tion of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number 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 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 install marts in which assessments may be paid and the land 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 Bagnall, seconded by Councilman Grant and unanimously adopted, it was #252-60 RESOLVED that, having considered the petition of residents for the paving of Deering Avenue on the west side of said street extending to Curtis, the Council does hereby deny said petition for the reason that there is no indication of the desires of the people who would be assessed by said paving project and for the further reason that at this time the City of Livonia is in no position to assume its proportionate share of assessment for intersections and school property. By Councilman McCann, seconded by Councilman Grant, it was RESOLVED that, having considered the report and rec ommendati onn of the City Planning Commission dated November 11, 1959, in regard to Petition No. Z-416 submitted by Max Baskin, et al, for change of zoning in the 'northeast 1/4 of Section 31 from R-3 to C-2, the Council does hereby reject the recommendation of the City Planning Commission and Petition No• Z-416 is hereby denied. A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant and McCann. NAYS: Kleinert, Salvadore, Daugherty, Bagnall and Sasser. The President declared the resolution denied. Page 1359 By Councilman Kleinert, seconded by Councilman Bagnall, it was #253-60 RESOLVED that, pursuant to the report aid recommendation of the City Planning Commission dated November 11, 1959, in regard to Petition No. Z-416 submitted by Max Baskin, et al, for change of zoning in the Northeast 1/Li of Section 31 from R-3 to C-2, the Council does hereby con- cur in the recommendation of the City Planning Commission and Petition No. Z-1l6 is hereby approved; and the Department of Law is herein instructed 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 result: AYES: Kleinert, Salvadore, Daugherty, Bagnall and Sasser, NAYS: Grant and McCann. The President declared the resolution adopted. By Councilman Salvadore, seconded by Councilman Grant, it was #2%.60 RESOLVED that, pursuant to the report and recommendation of the City Planning Commission dated April 22, 1960, in regard to Petition No. Z-437 which was initiated by the City Planning L'ommission on its own motion to amend Section L4.05 of Article 1.00 of Ordinance No. 60, the Council does hereby concur with the recommendation of the City Planning Commission and Petition }1'o. Z-Li37 is hereby approved; and the Department of Law is herein instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. Councilman Daugherty read the following letter and requested that it be recorded in the minutes: The Common Council City of Livonia Gentlemen: About six months ago I signed a petition for 601 lots in Section 21. The circulator of the petition, who is unknown to me, argued that a 601 minimum was better than smaller plots. I agreed and signed his petition. On May 8, 1960, a Mr. t'riest asked me to sign a petition to maintain the existing 701 lots in Section 21. I was very happy to do this because I believe that larger lots will tend to keep school taxes down and also keep housing values in the area up. It is my wish to have my signature stricken from the first petition because I feel it was a misrepresentation, and for the above reasons. Mrs, Ronald J. Norfleet (Carol I.) 15038 Ellen Drive, Livonia Page 14360 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Grant,Salvadore and Bagnall. NAYS: McCann, Daugherty and Sasser. The President declared the resolution adopted. By Councilman Salvadore, seconded by CouncilmanGrant, it was RESOLVED that, pursuant to the report and recommendation of the City Planning Commission dated April 29, 1960, in regard to Petition No. Z-1415 submitted by William Buber and Charles W.Curtis for change of zoning in the Northwest 1/4 of Section 1 from C-1 to C-2, the Council does hereby concur with the recommendation of the City Planning Commission and Petition No.Z-1. 5 is hereby approved; provided, however, that the West 60 feet of the property described in said Petition No.Z-445 shall be zoned "P" for Park- ing; and the Department of Law is herein instructed 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 result: AYES: Grant, Salvadore and Bagnall. NAYS: Kleinert, McCann, Daugherty aid Sasser. The President declared the resolution denied. By Councilman Kleinert, seconded by Councilman Daugherty, it was #255-60 RESOLVED that, having considered the report and recommendatioh of the City Planning Commission dated April 29, 1960, in regard to Petition No. Z-445 submitted by William Buber and Charles W. Curtis for change of zoning in the Northwest 1/4 of Section 1 from C-1 to C-2, such recommend- ation is hereby rejected and Petition No. Z-141.5 is denied. A roll call vote was taken on the f ore going resolution with the following result: AYES: Kleinert, McCann, Daugherty and Sasser. NAYS: Grant,Salvadore and Bagnall. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Bagnall, it was #256-60 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated May 2, 1960, and approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolution #743-59 so as to require a subdivision improvement bond in the amount of $92,000.00 to cover the cost of the installation of remaining improvements in Lyndon Meadows Subdivision No. 2. A roll call vote was taken on the foregoing resolution with the following result: Page 1361 AYES: Kleinert, Grant, Salvadore, *Cann, Daugherty, Bagnall and Sasser. NAYS: None. By Councilman Salvadore, seconded by Councilman Grant, it was #257-60 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated April 20, 1960, and approved by the Director of Public works, the Council does hereby amend Item No. 3 of Council resolution #601-58, which was previously amended by Council resolution #14714-59,so as to require a subdivision bond in the amount of $8,000.00 to cover the cost of the installation of remaining improvements in Merl-Lynn Farms Subdivision No. 3. A roll call vote was taken on the foregoing resolution with the following results AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser. NAYS: None. By Councilman Kleinert, seconded by Councilman Salvadore, it was #258-60 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated April 20, 1960, and approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolution #6o3-58, which was previously amended by Council resolution #561-59, so as to require a subdivision bond in the amount of $6,000.00 to cover the cost of the installation of remaining improvements in Mori-Lynn Farms Subdivision No. !t. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser. NAYS: None. By Councilman Grant, seconded by Councilman Bagnall, it was #259-60 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated April 13, 1960, and approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolu- tion #39-59, which was previously amended by Council resolution #1437-59, so as to require a subdivision bond in the amount of $6,600.00 to cover the cost of the installation of remaining improvements in Schulgren Subdivision No. 3. A roll call vote was taken an the foregoing resolution with the follading results AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser. NAYS: None. By Councilman Kleinert, seconded by Councilman Bagnall, it was Page 4362 #260-60 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated April 14, 1960, approved by the Director of Public Works, Item No. 3 of Council resolution #698-56 is hereby amended to provide a subdivision bond in the amount of $62,000.00 and a cash bond in the amount of $7,000.00 to insure the cost of installation of the improvements and cash payments required for Country Homes Subdivision No. 4; and the Council does hereby further reaffirm and readopt the provisions of Council resolution #698-56 adopted on October 26, 1956, and in addition to the provisions of said resolution, the proprietor of Country Homes Subdivision No. 4 shall be required to furnish the Engineering Division of the Department of Public Works as built plans of all improvements installed in the subdivision which shall be submitted on cloth reproducible material; and provided further, that the Bureau of Inspection shall not issue any certificate of occupancy for any residence or residences constructed within this subdivision prior to the completion of those contemplated improvements to the Livonia Water Supply System which, it is estimated, will be completed on or about July 1, 1960. A roll call vote was taken on the fore going resolution with the following result: AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser. NAYS: None. By Councilman Bagnall, seconded by Councilman Grant and unanimously adopted, it was #261-60 RESOLVED that, having considered the request of the Rosedale Gardens Civic Association dated April 14, 1960, to have a fireworks display on July 4, 1960, the Council does hereby grant permission to the Rosedale Gardens Civic Association to transport and fire aerial fireworks on the night of July 4, 1960 in Section 34; provided, however, that this display is to be under the supervision of the Livonia Fire Department and in such area as approved by them, and the City of Livonia, its agents and employees will not be responsible for any injury or damage caused by the fireworks or by the persons using said fireworks. By Councilman Grant, seconded by Councilman Daugherty and unanimously adopted, it was #262-60 RESOLVED that, having considered the request of the Michigan Liquor Control Commission dated March 31, 1960, and the report of the Livonia Police Department dated April 28,1960, the Council does hereby approve the transfer of ownership of the 1959 Class C license with dance permit from the Doniel T. Patterson Estate to Donald C. Patterson at 34780 Five Mile Road, Livonia, Michigan. By Councilman Daugherty, seconded by Councilman Grant and unanimously adopted, it was #263-60 RESOLVED that, having considered the request of the Vichigan Liquor Control Commission dated March 18,1960, and the report of the Page 4363 Livonia Police Department dated May 3, 1960, the Council does hereby approve the transfer of the 1959 SDD license from Hazel Habermehl to James D. Dunn at 32139 Plymouth Road, Livoni a, Michigan By Councilman M cCann, seconded by Councilman Kleinert and unanimously adopted, it was #264-60 RESOLVED that, the Council does hereby request the Department of Law to prepare the proper amendment to the topsoil provisions of Or- dinance No. 60 to include the recommendations as set forth in the Federal Housing Administration letter dated June 6, 1959, which was forwarded to the Council by the Director of Public Works by letter dated July 28, 1959. By Councilman McCann, seconded by Councilman Bagnall, it was #265-60 RESOLVED that, the Council does hereby request that the Livonia City Planning Commission hold a public hearing on a proposed amendment to Section 17.02 of Article 17.00 of Ordinance No. 60, which amendment is enclosed in ordinance form with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, Daugherty, Bagnall and Sasser. NAYS: Kleinert and Grant. The President declared the resolution adopted. Councilman Daugherty offered the following resolution, seconded by Councilman McCann: RESOLVED that, the Council does hereby amend Council resolution #223-60 adopted at the regular meeting of the Council held on April 25, 1960, to provide that any disbursement out of the $3,000.00 must first be approved by the Finance Committee of the Council and before any material is submitted to the printer for final printing which may deal with the 10th Anniversary celebration and the City of Livonia's part in such celebration, said pro- posed printing shall first be approved by the City Council as to form. Councilman Salvadore asked for a division of the question. A roll call vote was taken on the following resolution: #266-60 RESOLVED that, the Council does hereby amend Council resolution #223-60, adopted at the regular meeting of the Council held on April 25, 1960, to provide that any disbursement out of the $3,000.00 must first be approved by the Finance Committee of the Council. with the following results AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser. NAYS: None. Page 4364 NAYS: None. The President declared the resolution adopted. A roll call vote was taken on the b alance of the question: RESOLVED that, before any material is submitted to the printer for final printing which may deal with the 10th Anniversary celebration and the City of Livonia's part in such celebration, said proposed printing shall first be approved by the City Council as to form. with the following result: AYES: McCann, Daugherty and Bagnall. NAYS: Kleinert, Grant, Salvadore and Sasser. The President declared the resolution denied. The following items have been referred to the appropriate committees shown below: 1. Wonderland Shopping Center Walls - Streets, Roads and Plats Committee. 2. Telephone Rates - Capital Improvements Committee. 3. Request of Mrs. Marion Lulko re: paving of Henry Ruff Road between Joy Road and Olson Avenue - Capital Improvements Committee. 4. Letter from Traffic Commission re: road conditions surrounding schools - Capital Improvements Committee. 5. Recommendation of Police Department re: new SDD license, 27416 West Six Mile Road - Committee of the Whole. By Councilman Kleinert, seconded by Councilman Bagnall, it was RESOLVED that, having considered the request of the Department of Law dated May 9, 1960, the Council respectfully requests that the Board of Wayne County Rodd Commissioners give its consent to the City to dispose of excess sand in the 40-acre park site presently being leased by the City from the County; that it is the opinion of the City that this action will better help the City to develop and improve the park site, pursuant to the terms of the lease. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Bagnall and Sasser. Page 4365 NAYS: Grant, Salvadore, McCann and Daugherty. The President declared the resolution denied. On motion of Councilman McCann, seconded by Councilman Bagnall and unanimously adopted, this 308th regular meeting of the Council of the City of Livonia was duly adjourned at 11:00 o'clock P. M., May 9, 1960. • • fig W. Clark, City Clerk