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HomeMy WebLinkAboutCOUNCIL MINUTES 1959-09-28 Page 4076 MINUTES OF THE TWO HUNDRED EIGHTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 28, 1959, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President at approximately 8:35 P. M. Councilman Salvadore delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Sydney B. Bagnall, Rudolf R.Kleinert, Robert Sasser, Jack Salvadore and James R. McCann. Absent-- *Frank O'Neill. By Councilman Sasser, seconded by Councilman Kleinert and unanimously adopted, it was #570-59 RESOLVED that, the minutes of the 286th regular meeting of the Council of the City of Livonia held on September 14, 1959, and the 49th special meeting held September 25, 1959, are hereby approved. The Clerk presented a veto message from the Mayor on resolutions #546-59 and #547-59 adopted September 14, 1959. Councilman Bagnall read a report dated September 28, 1959, regarding the Drive-InTheater. By Councilman Bagnall, seconded by Councilman Sasser, it was RESOLVED that, the action of the Council taken in resolution #547-59, adopted September 14, 1959, be reaffirmed. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, iJagnall and Grant. NAYS: Kleinert and McCann. The President declared the resolution denied and the Mayor 's veto stands, because of lack of a 2/3 majority vote. By Councilman Bagnall, seconded by Councilman Sasser, it was RESOLVED that, the action of the Council taken in resolution #546-59, adopted September 14, 1959, be reaffirmed. A roll call vote was taken on the foregoing resolution with the following results AYES: Sasser, Salvadore, B9gnall and Grant. NAYS: Kleinert and McCann. The President declared the resolution denied and the Mayor's veto stands, because of lack of a 2/3 majority vote. Page 11077 By Councilman Sasser, seconded by Councilman Salvadore and unanimously adopted, it was #571-59 RESOLVED that, the Council does hereby acknowledge receipt of the annual budget of the City of Livonia for the fiscal year commencing Decem- ber 1,1959, as prepared by the Mayor and filed by the Mayor with the Council on September 15, 1959, and the Council does hereby set a public hearing thereon for Wednesday, October 21, 1959, at 8:00 P. M., at the City Hall, 33001 Five Mile Road, in accordance with the provisions of Chapter VII of the City Charter; and the City Clerk shall give notice of such public hearing in accordance and pursuant to the provisions of the Citsy Charter. The report from the Mayor regarding permission to sell tax anticipation notes was received and filed. "An Ordinance Amending Section 30 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 3.235," introduced by Councilman Bagnall on September 14, 1959, was taken from the table and a roll call vote con- ducted thereon with the following result: AYES: Sasser, Salvadore, McCann, Bagnall and Grant. NAYS: Kleinert. The President declared the ordinance denied because of lack of 3/4 majority vote of the Council. "An Ordinance Amending Section 10.02 of Article 10.00 and Section 11.02 of Article 11.00 of Ordinance No. 60, as amended, Entitled 'Zoning Ordinance of the City of Livonia'," introduced by Councilman McCann on September 14, 1959, was taken from the table and a roll call vote conducted thereon, deleting subsections 1 through 7, with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, Bagnall and Grant. NAYS: None. The President declared the ordinance duly adopted and would become effective on publication. By Councilman Bagnall, seconded by Councilman Salvadore, it was Page 4078 #572-59 RESOLVED that, the Council does hereby refer for recommendation to the Water and Sewer Board the proposed purchase of certain premises located at 13335 Farmington Road, which premises if purchased would be used to house the operations of the Water and Sewer Division; and in making such recommendation, the Council suggests that the Water and Sewer Board consider the convenient location of such property with respect to existing Department of Public Works facilities and also the fact that the Council considers that it is desirable for the operations of the Water and Sewer Division to be removed from the City Hall if such a change can be effected economically and conveniently. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, Bagnall and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #573-59 RESOLVED that, having considered the report and recommendation of the Chief City Engineer dated September 4, 1959, approved of by the Director of Public Works, the Council does hereby rescind its resolution #21-59 adopted on January 12, 1959, for the reasons contained in the afore- mentioned report of the Engineering Division. By Councilman Sasser, seconded by Councilman Salvador° and unanimously adopted, it was #574-59 RESOLVED that, the Council after due consideration does hereby concur with the report aid recommendation of the Water and Sewer Board dated August 27, 1959, in connection with a certain request from the Administrative Advisory Board of St. Mary Hospital for the relocation of the Bell Creek Drain (Bakewell Drain), and the request is hereby denied at this time due to shortage of funds and the fact that this area has not been established on the critical list from a health and welfare point of view. By Councilman Sasser, s econded by Councilman Bagnall and unaniously adopted, it was #575-59 RESOLVED that, before determining to install certain road improve- ments on Antago Street from Cambridge to Vassar Streets in Section 1 of the City of Livonia in accordance with Option 1 of a report from the Department of Public °Forks dated September 15, 1959, the cost of which is to be defrayed by special assessment,the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the prop used improve- ment, 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 Page )4079 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 may be paid and the rates which should be included in the proposed special assessment district, pursuant to the provisions of Section 6, Ordinance No. 31, as amended. By Councilman Salvadore, seconded by Councilman Kleinert, it was #576-59 RESOLVED that, pursuant to the report and recommendation of the City Planning Commission received August 20, 1959, as to Petition No. Z-396 submitted by the McQuade Investment Company for change of zoning in the Southeast 1/4 of Section 9 from AGB to C-1, the Council does hereby grant and approve of said Petition No. Z-396; and the Department of Law is in- structed 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, Sasser, Salvadore and Bagnall . NAYS: McCann and Grant. The President declared the resolution adopted. By Councilman Kleinert, seconded by C ouncilman Bagnall and unanimously adopted, it was #577-59 RESOLVED that, pursuant to the report and recommendation of the City Planning Commission dated August 19, 1959, in conne c tion with Petition No. Z-397 submitted by Joseph and Anna Polka for change of zoning in the Southeast 1/Li of Section 21 from RUFB to C-2, the Council does hereby deny said Petition No. Z-397 for the reasons contained in the aforementioned report and recommendation of the Planning Commission. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #578-59 RESOLVED that, pursuant to the report and recommendation of the City Planning Commission dated August 19, 1959, in connection with Petition No. Z-329a, initiated by the City Planning Commission on its own motion, which petition would amend the Zoning Ordinance to require a minimum 60 foot set back in commercial zones, the Council does hereby deny the said Petition No. Z-329a for the reason set forth in the aforementioned report and recommendation of the Planning Commission. By Councilman Kleinert, seconded by Councilman Salvadore and unanimously adopted, it was #579-59 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated September 16, 1959, as to Petition No. Z-389 submitted by Kenneth and Mary Owen for change of zoning in the North- Page 4080 east 1/4 of Section 9 from R-1-B to C-1, the Council does hereby approve of and grant the said Petition No. Z-389; and the Department of Law is instructed to prepare an ordinance to amend Ordinance No. 60 in accordance with this resolution. By Councilman Bagnall, seconded by Councilman Salvadore and unanimously adopted, it was #580-59 RESOLVED that, pursuant to the report and recommendation of the City Planning Commission dated September 16, 1959, as to Petiti on No. Z-394, as amended, submitted by S. Z. Wolack for change of zoning in the Northeast 1/4 of Section 20 from AGB to R-1-A, the Council does hereby grant and approve of said Petition No. Z-394, as amended; and the Depart- ment of Law is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Sasser, seconded by Councilman Salvadore and unanimously adopted, it was #581-59 RESOLVED that, pursuant to the report and recommendation of the City Planning Commission dated September 16, 1959, as to Petition No. Z-398 submitted by Martin Agegian for change of zoning in the Southwest 1/4 of Section 21 from AGB to R-1-A, the Council does hereby grant and approve of said Petition No. Z-398; and the Department of Law is ihstructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. *Councilman Frank O'Neill arrived at 9:19 P. M. By Councilman Bagnall, seconded by Councilman Sasser and unanimously adopted, it was #582-59 RESOLVED that, pursuant to the report aid recommendation of the City Planning Commission dated September 16, 1959, in regard to Petition No. V-48 submitted by certain residents of the Burton Hollows Subdivision for the vacating of a portion of Oakdale Avenue, the Council does hereby deny the said Petition No. V-48 for the reason contained in the afore- mentioned report and recommendation of the City Planning Commission. By Councilman Sasser, seconded by Councilman Salvadore and unanimously adopted, it was #583-59 RESOLVED that, the Council does hereby acknowledge receipt of the communication from the City Planning Commission dated July 29, 1959, submitted in accordance with the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, which communication sets forth a certified copy of Planning Commission resolution #5-159-59 amending the "Master School and Park Plan" by deleting therefrom Lots 579 and 580, Supervisor's Livonia Plat No. 10, a part of the East 1/2 of Section 15 of the City of Livonia. Page 4081 By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #584-59 RESOLVED that, the Council does hereby acknowledge receipt of the communication from the City Planning Commission dated July 29, 1959, submitted in accordance with the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, which communication sets forth a certified copy of Planning Commission resolution #5-160-59 amending the "Civic Center and Central Business Center" so as to delete therefrom Lots 309 through 313, inclusive, Grennada Park Subdivision No. 1, a part of the Northwest 1/4 of Section 22 of the City of Livonia. By Councilman Sasser, seconded by Councilman McCam, it was #585-59 RESOLVED that, the Council having determined it necessary to make certain additions, extensions and improvements to the water supply system so as to be in a position to fully utilize the 54 inch water main extension being made by the City of Detroit, which said additions and ex- tensions are to be financed by the issuance and sale of revenue bonds pur- suant to the provisions of Act 94, P. A. of Michigan, 1933, as amended, the Council does hereby retain the services of Miller, Canfield, Paddock and Stone, bonding attorneys, for the purpose of preparing the necessary resolutions, ordinances and all legal matters pertaining to the issuance and sale of bonds in connection with the of oresaid additions and extensi ons. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: Bagnall. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman McCann, it was #586-59 RESOLVED that, the Council having determined to make certain additions and extensions to the existing water system hereby engages the services of Mr. Louis Schimmel of the Municipal Advisory Council to do all things necessary in order to assist the City in connection with the sale of revenue bonds and obtaining the approval of the Michigan Municipal Finance Commission therefor. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman McCann, it was #587-59 RESOLVED that, the Council heretofore having authorized the engineering firm of Hubbell, Roth and Clark, Inc., by resolution #459-59 to prepare the engineering plans for the extension of water transmission Page L1082 lines in Farmington Road to Eight Mile Road, does hereby amend said resolution to authorize said engineering fine to prepare plans and estimated cost for the transmission of other water lines in this area of the City which would be served by the installation of the 51 inch line by the City of Detroit. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McCann, O'Neill, Bagnall and Grant. NAYS: Sasser and Salvadore. The President dedlared the resolution adopted. By Councilman Bagnall, seconded by Councilman Sasser and unanimously adopted, it z,as #588-59 RESOLVED that, the Wayne County Drain Commissioner is hereby requested to report to the Council of the City of Livonia the present status of the fourteen proposed drainage improvements to be made in the northern part of this City in accordance with the study plans and estimates by Hubbell, Roth and Clark, Inc., dated February 11, 1958, and August 19, 1958, which drainage improvements are described in Council resolutions numbered 2-59 through 17-59, inclusive, which resolutions also consent to the construction of such projects and authorize the Mayo' and City Clerk to petition for sane, said resolutions having been adopted by the Council on January 12, 1959, with certified copies of same transmitted to the office of the Wayne County Drain Commissioner. By Councilman Sasser, seconded by Councilman Salvadore, it was #589-59 RESOLVED that, having considered the communication from the Wayne County Drain Commissioner dated August 14, 1959, together with the com- munication from the City Treasurer dated September 21, 1959, and in ac- cordance with the provisions of Chapter 20 of Act 40 of the Public Acts of 1956, otherwise known as the Drain Code of 1956, and in order to raise the sum necessary to pay Installment No. 1 of the assessment for improv- ing the Livonia Drain No. 1, which installment is due April 1, 1960, and also to pay the interest on the unpaid balance, which interest payment is also due on April 1, 1960, the Council of the City of Livonia does hereby determine that there shall be a tax levy of 1.75 mills of the state equalized valuation of all real or personal property subject to taxation in the City of Livonia for the purpose of providing sufficient revenues to meet and pay the above-mentioned Installment No. 1 and interest payment; and the City Council does hereby elect to spread such tax levy upon the County tax roll instead of the City tax roll; and the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all other things necessary or incidental to the full performance of this resolution; and the City Clerk is hereby requested to immediately transmit copies of this resolution to the above offices. A roll call vote was taken on the foregoing resolution with the following result: Page 4083 AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Salvadore, seconded by Councilman Bagnall, it was #590-59 RESOLVED that, in accordance with the report and recommendation of the Water and Sewer Board dated August 24, 1959, and for the reasons contained therein, the Council does hereby authorize the payment of $865.00 to Mr. Sheldon M. Futernick, 25210 Five Mile goad, Detroit 39, Michigan, such amount representing reimbursement for a water line installed at the sole expense of the above-named party in the Northeast 1/4 of Section 12; and the Water and Sewer Division is hereby authorized to make payment of the above sum from the revenues of that division. A roll call vote was taken on the foregoing resolution with the following results AYES: Kleinert, Sasser, .:alvadore, O'Neill, Bagnall and Grant. NAYS: McCann. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman O'Neill and unanimously adopted, it was #591-59 RESOLVED that, the communication from the Sunset Hills Civic Association dated August 21, 1959, in regard to a pedestrian sidewalk for access from such subdivision to a new school site situated in Section 2, is hereby referred to the Engineering Division for its report and re- commendation. By Councilman Bagnall, seconded by Councilman Salvadore, it was #592-59 RESOLVED that, pursuant to the report azd recommendation of the Police Chief and the Director of Public Safety dated September 10, 1959, the Council does hereby accept the bid of Bens Uniforms for supplying the City with regular police, special police and auxiliary police uniforms at the submitted bid prices for each item, such having been in fact the lowest total bid received for these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Bagnall, it was #593-59 &SOLVED that, having considered the report and recommendation of the Superintendent-Operations Division dated Septembef 8, 1959, ap- proved by the Director of Public Works the Council does hereby accept the bid of the Chausse Mfg. Company, 1453 - 14th Streot, Detroit 8, Michigan, for supplying to the City of Livonia one 10,000 gallon asphalt storage tank Page 40814 at their submitted bid of 47,650.00, such having been in fact the only complete bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, McCann, O'Neill, Bagnall and Grant. NAYS: Salvadore. The President declared the resolution adopted. At 9:35 P. M., a recess was called, after which the meeting retuned with all members present who were named as present in the original roll call of this meeting, including Councilman O'Neill. By Councilman Salvadore, seconded by Councilman Kleinert, it was RESOLVED that, having considered the report and recommendation of the Superintendent-Operations Division dated September 8, 1959, ap- proved of by the Director of Public Works, the Council does hereby accept the bid of the LaSalle Building Corporation, 172149 Sherwood Avenue, Detroit 12, Michigan, for supplying to the City one steel storage building to be used in connection with the operations of the Water and Sewer Division at the submitted bid price of $19,131.00; and the Council does hereby transfer from the revenues of the Water and Sewer Divizi on to the Building Account of the Water Budget of such division, the additional sum of $8,131.00 to be used for the purpose of making this purchase. By Councilman. Sasser, seconded by Councilman O'Neill, it was #594-59 RESOLVED that, the bid for Water Department Steel Sterage Building be tabled pending further report from the Water and Sewer Board. A roll call vote was taken on the foregoing resolution with the following results AYES: .asser, McCann, Bagnall and O'Neill. NAYS: Kleinert,Salvadore and Grant. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Sasser, it w as #595-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated August 25, 1959, approved of by the Director of Public Works, the Council does hereby modify the contract by and between the City of Livonia and Chicago Bridge and Iron Company dated December 29, 1958, in connection with Section V of the 1958 Livonia Water System Ex- tension, by adding to the total contract price the sum of $1,1438.00 for the purpose of covering additional costs to the contractor caused by a change in the plans and specifications for such project made by the City subsequent to the date of the contract as outlined in the aforementioned report from the Engineering Division. Page 14085 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, McCann, Bagnall and Grant. NAYS: Salvadore and O'Neill. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Sasser and unanimously adopted, it was #596-59 RESOLVED that, having considered the request from the G. H. Pastor Development Company dated August 19, 1959, the Council must reply that it is in no position to grant the requested assurance since it does not know at this time whether or not the Civic Center Park will be bordered by a thirty foot greenbelt to the South. By Councilman Kleinert, seconded by Councilman O'Neill, it was RESOLVED that, it having come to the attention of the Council of the City of Livonia that the approval of the local legislative body is not a mandatory requirement prior to the issuance of or transfer of Class C Licenses by the Michigan Liquor Control Commission, the specific statutory provision herein referred to being that portion of Section 17 of Act 8 of the Public Acts of 1933, as amended, which reads as follows: "...all applications for licenses to sell beer and/or wine and/or spirits for consumption on the premises, except in counties of one million population or over, according to the last or each succeeding Federal decennial census, shall be approved by the local legislative body in which said ap- plicant's place of business is located before being granted a license by the commission ...", the Council of the City of Livonia therefore hereby informs the Michigan Liquor Control Commission that it will decline in the future to either recommend approval or disapproval on any application requesting the issuance or transfer of a Class C Liquor License or any other application for the issuance or transfer of a liquor license which would authorize the selling of beer, wine or spirits for consumption on the premises; and the Council informs the 1°'ichigan Liquor Control Commission that the action taken herein is not intended to prejwli ce in any manner whatsoever the judgment of the "ichigan Liquor Control Commission in connection with any applicant or application for those licenses referred to herein; and the City Clerk is hereby directed to transmit the aforementioned commission a certified copy of this resolution in order that the commission will be informed of this action and will not in the future await action by this Council before finally processing applications in accordance with existing applicable laws and regulations. A roll call vote was taken on the foregoing resolution with the following result= AYES: Kleinert and O'Neill. Page 4086 NAYS: Sasser, Salvadore, McCann, Bagnall and Grant. The President declared the resolution denied. By Councilman Sasser, seconded by Councilman Salvadore, it was #597-59 RESOLVED that, having considered the request of the Michigan Liquor Control Commission dated July 29, 1959, and the report of the Livonia Police Department dated September 10,1959, the Council does hereby approve of the request from Joseph and Mary Godell for transfer of ownership of 1959 Class C license from George and Emanuel Sabo located at 27873-85 Plymouth Road, Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, &Cann, O'Neill, Bagnall and Grant. NAYS: Kleinert. The President declared the resoluti on adopted. By Councilman Salvadore, seconded by Councilman Sasser, it was #598-59 RESOLVED that, having considered the request of the Michigan Liquor Control Commission dated September 2, 1959, and the report of the Livonia Police Department dated September 16,1959, the Council does hereby approve of the request from Merri-Bowl Company, Inc., to transfer ownership of 1959 Class C Licence from Arthur Bonk, Receiver for Sam Zehra, and transfer location from 33880 Plymouth Road to 30950 Five Mile Road, Livonia, together with a special bowling permit. A roll call vote was taken on the foregoing resolution with the following result= AYES: Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: Kleinert aid Bagnall. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Salvadore and unanimously adopted, it was #599-59 RESOLVED that, having considered the request of the Michigan Liquor Control Commission dated July 27, 1959, and the report of the Livonia Police Department dated September 17, 1959, the Council does hereby approve of the request from Joseph B. Davis and Edward Marlinga for a new SDM license to be located at 31236 Five Nile Road, Livonia, Michigan. By Councilman Sasser, seconded by Councilman McCann and unanimously adopted, it was #600-59 RESOLVED that, having considered the report and recommendation of Page 1.087 the Water and Sewer Board dated September 9, 1959, the Council does herein authorize the Union Wrecking Company, 30870 W. Eight Ale Road, Farmington, to tap into the Livonia Water Supply System subject to the following conditions: (1) the Union Wrecking Company shall pay the entire cost of making the water tap installation; (2) all charges that are applicable and that are required by existing and future ordinances of the City of Livonia shall be paid by the Union Wrecking Company; (3) that the construction permit herein authorized shall bedone null and void at such time as the local unit of government within which such premises are situated is able to provide water facilities for the property of the Union Wrecking Company, at which time such company shall forthwith terminate its connection to the Livonia Water Supply System at its sole expense. By Councilman Salvadore, seconded by Councilman McCann, it was #601-59 RESOLVED that, pursuant to the report and recommendation of the Water and Sewer Board dated September 8, 1959, the Council does hereby ap- prove of a sanitary sewer extension in Six Mile Road requested to be in- stalled by the proprietor of Danny's Chop House, 30325 Six Mile Road, Livonia; and the Council does hereby authorize the connection of such premises to the Livonia Sanitary Sewer System and approves of a connection charge in the amount of 4125.00 in accordance with the provisions of Ordinance No. 224, as amended, for the reason that the connection is being made to a sewer extension installed by the proprietor who did construct same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Salvadore, it was #602-59 RESOLVED that, pursuant to the report and recommendation of the Superintendent-Operations Division dated September 14, 1959, and approved by the Director of Public Works, the Council does hereby accept the bid of Harold Thomas Nursery, 14925 Mtddlebelt Road, for supplying the City of Livonia with street trees to be planted in the fall of 1959 and the spring of 1960 at a unit cost of 412.50, such bid in fact having been the lowest bid received. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. Page 14088 By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #603-59 RESOLVED that, having considered the request of the Michigan Bell Telephone Company received September 10, 1959, and the communications from the Department of Law dated September 17, 1959, and the Engineering Division dated September 22, 1959, the Council does hereby approve of and agree to granting the hereinafter described easement right-of-way to the Michigan Bell Telephone Company: A ten (10) foot easement right-of-way extending north and south across the South 140 feet of the North 1415 feet of the West 173 feet of the Northwest 1/14 of Section 35, Town 1 South, Range 9 East, the centerline of said easement being 55 feet East of the centerline of Merriman Road and para1lel thereto; and the Council does hereby authorize the Mayor and City Clerk to affix their signatures to such a grant of right-of-way and to do all other things necessary and incidental to the full performance of this resolution. By Councilman Bagnall, seconded by Councilman Sasser, it was #6014-59 RESOLVED that, having considered the request of the Police Chief and Director of Public afety dated July 7, 1959, approved of by the Mayor, the Council does hereby transfer from the Unappropriated Surplus to Police Department Budget Account No. 70-B (Pistols and Handcuffs) the sum of $3214.07; and the Council hereby authorizes the purchase of such items in the amount of $552.00 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. Councilman McCann introduced the following Ordinance: NO. AN ORDINANCE MENDING SECTIONS 11, 15, 21, 31 AND 36 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDIN3 ARTICLE 3.00 OF THE ZONING ORDINANCE, Oi1DINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA BY ADDING THERhTO SECTIONS 3.e35, 3.236, 3.237, 3.238 AND 3.239. TIME CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City PlAnning Commission dated January 19, 1959 on Petition No. Z-339, as amended; dated June 11, 1959 on Petition No. 4-382; dated June 23, 1959 on Petition No. Z-3814; dated June 214, 1959 on Petition No. Z-373, as amended by Planning Commission resolution #6-179-59; and dated June 30, 1959 on Petition No. Z-392, 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 proceedings heretofore conducted on said petitions are hereby approved. Page 4089 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 sections: Section 3.235. Petition No, Z-339, as amended, of Kenneth H. Phillips is hereby granted and the zoning classification of the premises described in said amended petition is hereby changed from RUFB to PS as requested in said amended petition; and the Southwest 1/4 of Section 36 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.236. Petition No. Z-373, as amended by Planning Com- mission resolution #6-179-59, submitted by H. Eugene Field on behalf of Tom's Northwood Market is hereby granted; and the zoning classification of the premises described in said amended petition is hereby changed from P-1 to C-2 as requested in said amended petition; and the Northeast 1/4 of Section 11 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.237. Petition No. Z-382 of Albert R. and Margaret D. Van Ness is hereby granted and the zoning classification of the premises described in said petition is hereby changed from RUFB to P as requested in said petition; and the Southeast 1/4 of Section 31 of the Zoning Nap is hereby amended to conform to the change made in this section. Section 3.238. Petition No. Z-384 of Mr. and Mrs. John P. Van Lier, et al, is hereby granted and the zoning classification of the premises described in said petition is hereby changed from to PS as requested in said petition; and the Southwest 1/4 of Section 15 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.239. Petition No. Z-392 of Joseph Rich, Walter R. and Aletha B. Phipps 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 Northeast 1/4 of Section 21 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 52 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 epealed 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. By Councilman Bagnall, seconded byCbuncilman O'Neill, it was #605-59 RESOLVF.11 that, Petition No. Z-287 of Michael Caffery be added to the Ordinance amending Ordinance No. 60, introduced by Councilman MCCann. A roll call vote was taken on the foregoing resolution with the following result: Page 4090 AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: Kleinert. The President declared the resolution adopted and the Ordinance to be introduced as follows: * NO. (See Page 4097) AN ORDINANCE APENDING SECTIONS 11, 15, 21, 30, 31 AND 36 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 SECTIONS 3.e35, 3.e36, 3.237, 3.238, 3,239 AND 3.240. THE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated January 19, 1959 on Petition No. Z-339, as amended; dated June 9, 1959 on Petition No. Z-287; dated June 11, 1959 on Petition No. Z-382; dated June 23, 1959 on Petition No. G-384; dated June 24, 1959 on Petition No. Z-373, as amended by Planning Commission resolution #6-179-59; and dated June 30, 1959 on Petition No. Z-392, having been considered by the Council, the Council hereby adopt, said petitions to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all pro- ceedings heretofore conducted on said petitions are hereby approved. 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 sections: Section 3.237. Petition No. Z-287 submitted by Michael J. Caffery is hereby granted and the zoning classification of the premises described in said petition is hereby changed from RUFB to C-2 as requested in said petition; and the Southeast 1/4 of Section 30 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.236. Petition No. Z-339, as amended, of Kenneth H. Phillips is hereby granted and the zoning classification of the premises described in said amended petition is hereby changed from RUFB to PS as requested in said amended petition; and the Southwest 1/4 of Section 36 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.237. Petition No. Z-373, as amended by Planning Com- mission resolution #6-179-59, submitted by H. Eugene Field on behalf of Tom's Northwood Market is hereby granted and the zoning classification of the premises described in said amended petition is hereby changed from P-1 to C-2 as requested in said amended petition; and the Northeast 1/4 of Section 11 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.238. Petition No. Z-382 of Albert R. and Margaret D. Page 4091 Van Ness is hereby granted and the zoning classification of the premises described in said petition is hereby changed from RUFB to P as requested in said petition; and the Southeast 1/4 of Section 31 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.239. Petition No. Z-384 of Mr. and Mrs. John P. Van Lier, et al, is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-1-B to PS as requested in said petition; and the Southwest 1/4 of Section 15 of the "oning Map is hereby amended to conform to the change made in this section. Section 3.240. Petition No. Z-392 of Joseph Rich, Walter R. and Aletha B. Phipps is hereby granted and the zoning classification of the premises described in said petition is hereby changed from RUM to R-1-A as requested in said petition; and the Northeast 1/4 of Section 21 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 52 of the Zoning Map of the City of Livonia," showing all of the anendments 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 Bagnall introduced the following Ordinance: NO. AN ORDINANCE AMENDING SECTION 5, OF ORDINANCE NO. 229 OF THE CITY OF LIVONIA, KNOWN AS THE "LIVONIA COMMISSION ON CHILDREN AND YOUTH ORDINANCE." THE CITY OF LIVONIA ORDAINS: Section 1. Section 5 of Ordinance No. 229 of the City of Livonia, known as the "Livonia Commission on Children and Youth Ordinance," is hereby amended to read as follows: Section 5. Powers and Duties. The powers and duties of the commission which shall be exercised and performed as herein provided in accordance with the law and ordinances of the city of Livonia,shall be as follows: Page 1092 (a) Establishing policies and general procedures for the purpose of considering the needs of children and youth of the City and appraising conditions and influences affecting these children and youth; (b) Collaborating in the evaluation of the adequacy of exist- ing services of public and private agencies which are actively en- gaged in promoting the development, education and general welfare of children and youth in the City of Livonia; (c) Advising the Mayor and City Council regarding findings of the commission; (d) Recommending action to the Mayor and City Council in the best interests of the children and youth; (e) Providing information to the community regarding its aims and functions and regarding findings of the commission; (f) Taking affirmative action to promote the welfare of Livonia children by initiating, participating and/or supervising youth activities and projects; to assist youth of the City in finding part time employment; and to take other positive action as may be necessary to encourage useful, purposeful and healthful activities and diversions for the youth of Livonia; and (g) To cooperate and assist the Livonia Police Department, Livonia Municipal Court, Parent-Teacher Associations, the Livonia School Board, the Clarenceville School board, law enforcement agencies and other clubs and associations, both public and Private, in their efforts to reduce and combat juvenile delinquency. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not ue construed as affecting the validityof 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. The report of the Municipal Court for the month of August, 1959, was received and placed on file. By Councilman Kleinert, seconded by Councilman Salvadore, it was #606-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated September 14, 1959, approved by the Director of Public olorks, the Council does hereby approve and auttorize paying the Page 4093 balance of $9,826.94 due to Terra Construction Company, Inc., in con- nection with that company's contract with the City of Livonia dated December 8, 1958, in connection with the construction of Section 4 of the 1958 Livonia Water System Extension, it appearing from the afore- mentioned report of the Engineering Division that all work has been satis- factorily completed; and the City Clerk and City Treasurer are herein authorized to do all things necessary and incidental to the full peirform- ance of this resolution. A roll call vote was taken on the foregoing resolutio with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman McCann, seconded by Councilman Kleinert, it was #607-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated September 18, 1959, approved of by the Director of Public Works, the Council does hereby release to Mr. James S. Bonadeo, 15500 Beech Road, Detroit 19, Michigan, the $10,000.00 bond deposited with the City in accordance with Council resolution #132 -57 adopted on February 25, 1957, in connection with improvements to be installed in the Bonnydale Subdivision, it appearing from the aforementioned report of the Engineering Division that all required improvements have been satisfactorily installed and the City Clerk is hereby authorized to do all things necessary or Lin- cidental to the full performance of this resoluti on. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Kleinert, it was #608-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated September 18, 1959, and approved of by the Director of Public Works, the Council does hereby amend Council resolution #709-58 adopted on November 10, 1958, so as to reduce the bond for remain- ing improvements in Castle Gardens Subdivision to $61,000.00; and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NlYS: None. By Councilman Kleinert, seconded by Councilman Bagnall, it was #609-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated September 18, 1959, and approved by the Director of Public Works, the Council does hereby amend Council resolution #709-58 Page 4094 adopted on November 10, 1958, so as to reduce the bond for remaining improvements in Castle Gardens Subdivision No. 2 to $42,000.00; and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman O'Neill, it was #610-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated September 18, 1959, and approved by the Director of Public Works, the Council does hereby amend Council resolution #709-58, adopted on November 10, 1958, so as to reduce the bond for remaining im- provements in Castle Gardens Subdivision No. 3 to $27,000.00; and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman McCann, seconded by Councilman Kleinert, it was #611-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated September 21, 1959, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolution #171-59 adopted on March 16, 1959, so as to reduce the bond for remaining improvements in Idyl Wyld Estates Subdivision to the amount of $25,000.00; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman McCann, seconded by Councilman Sasser, it was #612-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated September 18, 1959, approved by the Director of Public Works, the Council does hereby authorize the release to Mi". Harry Zerbo, 16661 Hubbard, Livonia, of the $1,500.00 bond deposited by that party with the City of Livonia in accordance with the requirements of Council resolution #324-58 adopted on May 26, 1958, which bond was de- posited to insure the proper installation of a sanitary sewer line in a portion of Stark Road, it appearing from the aforementioned report of the Engineering Division that such installation has been completed and has been installed in accordance with the requirements of the Department of Public Works. Page 4095 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McLann, O'Neill, Bagnall aid Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was resolved that #613-59 WHEREAS, the Department of Street Railways of the City of Detroit offers a special reduced fare to children attending schools in the City of Detroit; and WHEREAS, at present such reduced rate is only applicable on the fares collected within the City limits of the City of Detroit; and WHEREAS, street railway bus service has recently been extended into the City of Livonia and as a considerable number of children in the City of Livonia desire to make use of this bus service; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia does hereby petition the Board of Commissioners of the De- partment of Street Railways of the City of Detroit to authorize a comparable special student reduced rate on the fares applicable outside the limits of the City of Detroit. By Councilman Sasser, seconded by Councilman Bagnall, it was #611 -59 RESOLVED that, the Council has considered the request from Clarence R. Charest dated July 3, 1959, in regard to Idyle Hills Estates Subdivision, and pursuant to the recommendation of the Streets, Roads and Plats Committee, the Council does hereby d eny the request that street widths in the said subdivision be reduced from thirty-one feet to twenty- seven feet. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, McCann, O'Neill, Bagnall and Grant. NAYS: Salvadore. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Kleinert, it was #615-59 RESOLVED that, having considered the proposed agreement by and between the Board of Wayne County Road Commissioners and the City of Livonia wherein the Board, in consideration of the City paying 33-1/3% of the total cost of such work, agrees to improve Merriman Road between Joy Road and Schoolcraft Road, and having also considered that such proposed agreement states further the total (combined City and County total) estimated cost of such improvement to be in the amount of 11685,000.00, and having examined the method of payment provided for in such proposed agreement Page 1096 and provided the aforementioned agreement and this resolution meets with the approval of the legal firm of Miller, Canfield, Paddock and Stone, the Council does herein determine that such proposed agreement, with the one modification hereinafter listed, is satisfactory in all its terms and conditions and is hereby approved, subject to the modification that the sixty (60) day period referred to in Paragraph 3 of such agreement shall be changed to a one hundred twenty (12a) day period; and the Mayor and the City Clerk are herein authorized to affix their signatures to such agreement for and on behalf of the City of Livonia, and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman McCann, seconded by Councilman O'Neill, it was #616-59 RESOLVED that, the Council does hereby appropriate from the Unappropriated Surplus the sum of w420.00 to Police Department Account No. 126-22 for the purpose of immediately painting six (6) police cars the appropriate City color with markings. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Bagnall, it was resolved that #617-59 WEERnAS, the City Council of the City of Livonia intends to authorize the issuance of Motor Vehicle Fund Bonds, pursuant to Act 175, Public Acts of 1" .chigan, 1952, as amended, in an amount not less than Two Hundred Fifty Thousand ($250,000.00) Dollars, for the purpose of defraying the City's share of the cost of paving two lanes of highway on Merriman Road from Joy Road to Schoolcraft; AND WHEREAS, notice of intent to issue said bonds must be published at least thirty (30) days before adoption of a resolution authorizing issuance of the same in order to comply with the requirements of Section 5(g), Act 279, Public Acts of michigan, 1909, as amended; NOW, THERERE, BE IT RESOLVED THAT: 1. The City Clerk is hereby authorized and directed to publish a notice of intent to issue bonds in The Livonian, a newspaper of general circulation in the City of Livonia, which said notice of intent shall be in substantially the following form; NOTICE OF IN`T'ENT TO ISSUE BONDS TAKE NOTICE that the City Council of the City of Livonia intends to adopt a resolution authorizing the issuance and sale of Page 1097 Motor Vehicle Highway Fund Bonds of the City pursuant to Act 175, Public Acts of Michigan, 1952, as amended, in an amount not less than $250,000.00, for the purpose of defraying the City's share of the cost of paving two lanes of highway on Merriman Road from Joy Road to Schoolcraft. Said bonds shall be payable primarily from moneys received by the City from the Motor Vehicle Highway Fund and shall also pledge the full faith and credit of the City of Livonia. This Notice is given pursuant to Section 5(g), Act 279, Public Acts of Michigan, 1909, as amended. City Clerk 2. An resoluta ons and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same are hereby rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, MaCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman McCann, seconded by Councilman Bagnall, it was L #618-59 RESOLVED that, having considered the request of the Municipal Judge dated September 25, 1959, approved by the Mayor and Budget Director, requesting an additional appropriation to cover the cost of ordering a new supply of traffic tickets, the Council does hereby transfer from Municipal Court Budget Account No. 1-A (Substitute Judge) to Municipal Court Budget Account No. 9 (printing) the sum of $800.00 to be used for such purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Sasser and unanimously adoj ted, it was #619-59 RESOLVED that, the Council, inaddition to its previously established regular meetings for the 12th and 26th of October, does hereby establish a regular meeting to be held on October 19, 1959. On motion of Councilman Sasser, seconded by Councilman O'Neill and unanimously adopted, this 287th regular meeting of the Councilof the City of LLivonia was duly adjourned at 10:50 P. M., September 28, 1959. *This Ordinance was not introduced properly; therefore a roll call -2 - vote was not taken on Oct.12,1959. ` -' �..J �R.�, i�'� e W. Clark, City Clerk Page 1098 MINUTES OF THE FIFTIETH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Pursuant to the provisions of Section 8, Chapter IV of the City Charter, the aoove meeting was held on October 5, 1959, at 33001 Five Mile Woad, Livonia, Michigan, and was called to order by the President at approximately 7:52 P. M. Roll was called with the following result: Present-- Austin T. Grant, Frank O'Neill, Sydney B. Bagnall and Jack Salvadore. Absent-- Robert Sasser, Rudolf R. Kleinert and James R. McCann. By Councilman Salvadore, seconded by Councilman O'Neill and unanimously adopted, it was #620-59 RESOLVED that, having considered the communication from the Michigan Liquor Control Commission dated August 20, 1959, and the report from the Livonia Police Department dated September 25, 1959, the Council does hereby approve the request from Livonia Coventry Supermarket, Inc., for a change in stockholders, 1959 SDM license, from Bernard and Bertha Krohn (joint), June Ann Krohn, Edward John Krohn (minor), Patricia Gail Krohn (minor), to Clemens Napeir, sole stockholder, located at 33500 Five Mile Road, Livonia, Michigan On motion of Councilman Bagnall, seconded by Councilman O'Neill and unanimously adopted, this 50th special meeting of the Council of the City of Livonia was duly adjourned at 7:55 P. M., October 5, 1959. Mari, . Clark, City Clerk