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HomeMy WebLinkAboutCOUNCIL MINUTES 1958-08-25 Page 3533 MINUTES OF THE TWO HUNDRED FIFTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 25, 1958, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President at approxi- mately 8:26 o'clock p. m.. Councilman Salvadore delivered the invocation. Roll was called with the following result: Present - Austin T. Grant, Frank O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert, Robert Sasser, Jack Salvadore and James R. McCann. Absent - None. By Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, it was #538-58 RESOLVED, that the minutes of the 254th regular meeting of the Council of the City of Livonia held August 18, 1958, are hereby approved. By Councilman Sasser, seconded by Councilman Kleinert and unanimously adopted, it was #539-58 RESOLVED, that having considered the report and recommendation of the Mayor dated August 19, 1958 which requested the awarding of certificates of service indicating appreciation to retiring officials and members of boards, the Council does herein approve said recommenda- tion and authorizes the Department of Law to prepare a form for such certificates for Council approval. By Councilman McCann, seconded by Councilman Sasser and unanimously adopted, it was #540-58 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Assistant City Engineer dated August 21, 1958 in connection with the construction of the service drives along the mile roads and boulevard drives to the Burton Hollow Subdivision, the Council does hereby, pursuant to the authority con- tained in the Plat Ordinance, as amended, authorize the proprietors, Slavik Builders, Inc. to install concrete pavement on the service drives and on the boulevard drives in accordance with the requirements and conditions previously set forth in Council Resolution #416-58. By Councilman Salvadore, seconded by Councilman Bagnall, it was Page 3534 #541-58 RESOLVED, that Resolution #426-58 adopted by the City Council at its meeting of July 14, 1958, is hereby amended in the following respects: That said property being purchased is legally described as follows: Land in the City of Livonia, Wayne County, Michigan, described as: Part of the Southwest 1/4 of Section 5, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as: Beginning at a point distant North 89 degrees 39 minutes 40 seconds West 343.80 feet along the East and West 1/4 line of Section 5, and South 00 degrees 22 minutes 10 seconds West 1151.84 feet from the center of Section 5, Town 1 South, Range 9 East; thence south 00 degrees 22 minutes 10 seconds West 1026.13 feet; thence North 89 degrees 37 minutes 50 seconds West 399 feet to the East line of Fitzgerald Gardens Subdivision; thence North 00 degrees 22 minutes 10 seconds East 1026.13 feet along the East line of said Fitzgerald Gardens Subdivision; thence South 89 degrees 37 minutes 50 seconds East 399 feet to the Point of Beginning, containing 9.399 acres of land; that the purchase price for said property shall be in the amount of $51,694.50 (9.399 acres, based upon $5,500.00 per acre); that all other terms and conditions of said resolution 0426-58 shall remain the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, 0/Neill and Grant. NAYS: None. Councilman Bagnall presented the Finance Committee Report for the month of July, 1958, as follows: General, Administrative and Legislative: $ 8,186.28 Department of Public Safety: 2,379.20 Department of Public Works: 13,000.39 Department of Parks and Recreation: 6,595.80 $ 30,161.67 Insurance 793.22 Acquisition of Land 2,022.25 2,815.47 $ 32 977.14 General Ledger Accounts: 348.92 TOTAL: $ 33,326.06 The President received the report and requested that it be placed on file. Councilman Bagnall read a report of the Finance and Insurance Committee dated August 25, 1958. Page 3535 By Councilman Bagnall, seconded by Councilman Salvadore, it was #542-58 RESOLVED, that pursuant to the recommendation of the Finance Committee, the agreement or contract by and between the City of Livonia and the firm of Lybrand, Ross Bros. and Montgomery, Certified Public Accountants, Book Building, Detroit 26, Michigan, and approved as to form by the City Attorney, wherein said firm agrees to examine and audit the financial records of the Water and Sewer Division of the City of Livonia for the fiscal year ending February 28, 1959, for the sum of $3,800.00, is hereby approved; and the Mayor and City Clerk are herein authorized to sign such contract or agreement on behalf of the City of Livonia and to do all other things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Bagnall, it was #543-58 RESOLVED that, having considered the report of the Finance Committee dated August 25, 1958, the Council does herein authorize the payment of $4,000.00 to Yamasaki, Leinweber and Associates for work performed under a contract with the City of Livonia dated April 10, 1957, such sum to be charged against the existing balance in the Civic Center Budget Account; and the City Clerk and City Treasurer are herein authorized and requested to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman O'Neill, it was #544-58 RESOLVED, that having considered the report of the Finance Committee and the recommendation of the Department of Public Works dated August 4, 1958, and the recommendation of the Mayor dated August 4, 1958, there is hereby transferred from the Engineering Division Account #1 to the Department of Public Works Account #25 the sum of $2,500.00 for the purpose of allowing the Department of Public Works to continue its present dust palliative program through the months of August and September, 1958, and the balance of the Depart- ment's fiscal year. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Sasser, Salvadore, McCann and O'Neill. NAYS: Kleinert and Grant. The President declared the resolution adopted. Page 3536 By Councilman Sasser, seconded by Councilman Salvadore, it was imp #545-58 RESOLVED, that having considered the report and recommenda- tion of the Director of Public Works and the Superintendnet of Opera- tions Division dated August 1, 1958, and the recommendation of the Mayor dated August 14, 1958, the Council does hereby transfer from the DPW-E-1 Account to the DPW-25 Account the sum of $3,000.00 for the purpose of providing minimum road maintenance for the City through the remainder of the department's fiscal year. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Bagnall and unanimously adopted, it was #546-58 RESOLVED, that the minutes of the meeting of the Committee of the Whole held August 12, 1958 are hereby approved and spread upon the official minutes of this meeting: REPORT OF THE MEETING OF THE COMMITTEE OF THE WHOLE COUNCIL OF THE CITY OF LIVONIA August 12. 1958 A meeting of the Council of the Whole was called to order by Council President Austin T. Grant on August 12, 1958, at 11:10 P. M. to take up the matter of the publicity campaign for the Civic improvement Program. Councilman Sydney B. Bagnall, Chairman of the Finance and Insurance Committee of the Council, reported that as a result of Resolution No. 337-58, passed on June 2, 1958, which requested the Finance and Insurance Committee to study and recommend to the Council the action to be taken on the six items of the Civic Improvement Program, i. e. : Municipal Rubbish Collection Service Acquisition of Park Sites Acquisition of Land for Civic Center Construction of Storm and Sanitary Sewers Secondary Road Improvement Construction of Proposed Civic Center Councilman Bagnall reported to the Council that since this resolution was passed, a proposed "Camp Livonia" has been added, which was originally part of and is now separated from the Park Site Plan. It was further reported that the figures would include the following breakdown: Civic Center Land Acquisition and Development $ 3,285,000. Department of Public Works Equipment Garage and Storage Building 366,000. Parks and Recreation Land Acquisition and Development of Park Sites 2,000,000. Page 3537 Secondary Road Improvement $ 1,000,000. Camp Livonia Land Acquisition and Development 1,300,000. There has since been added: Fire Station Land Acquisition of Three Sites and Development of Two Stations 383,000. Total: $ 8,334,000. The matter of storm and sanitary sewers and mflnicipal rubbish collection service will be the subject of a report to be made at a subsequent date. On the basis of the recommendation of Mr. Louis Schimmel, if the bonds are sold at four per cent (4%), the cost to the citizens of Livonia will be thirty-six cents (36¢) per thousand assessed value for each $1,000,000. required. The total millage required then, to raise $8,500,000., would be $3.06 per thousand assessed value. Therefore, on the basis of a home assessed at $5,000. the cost to the citizen would be $15,30 per year. If based on four and one-half per cent (4 ) the cost would be forty-one cents (41¢) per thousand assessed value for each $1,000,000., or $17.95 per year to the citizen with a home of $5,000. asses- sed value. The reason for considering the thirty(30) year program is to spread the cost over a longer period of time so that future citizens of Livonia will pay a fair share of the cost of the program. Councilman Bagnall further reported that on the basis of comments of Mr. John Nunneley, it is worthy of note that this is the first sizable bond indebtedness to be charged against the bonded limitation of the City, which is ten per cent (10%) of the total assessed valuation, or $16,000,000.00. The total bonded indebtedness which the City presently has on a general obligation basis is $10,450.00 for the paving of Grandon Avenue. All other obligations appear to be either from the issuance of revenue bonds or from the issuance of general obligation bonds by a County agency. On the basis of the ratio of residential assessment to the total assessed value of the City, residents will be sharing in the cost of this pro- gram only to the extent of thirty-five per cent (35%); the balance of the assessed value, or sixty-five per cent (65%), is industrial, commercial, and others. Councilman Robert Sasser offered a motion that the report of the Finance and Insurance Committee be received and accepted and that all the Committees be commended for their cooperation and for the fine work and effort in completing this large task in so short a time. Motion supported by Councilman Jack Salvadore, and unanimously carried. Councilman Rudolf R. Kleinert offered a motion that the meeting be adjourned. Motion supported by Councilman Sasser and unanimously carried. Meeting adjourned this evening of August 12, 1958, at 11:30 P. M. (Signed) Austin T. Grant, President of Council James R. McCann Sydney B. Bagnall Frank O'Neill Rudolf R. Kleinert Jack Salvadore Robert Sasser Page 3538 By Councilman Bagnall, seconded by Councilman Sasser, it was #547-58 RESOLVED that WHEREAS, the City of Livonia is one of the largest cities from an area standpoint in the State of Michigan and is experiencing a tremendous development and growth both from a residential, commercial and industrial standpoint which requires careful planning for the future in order to provide sites and adequate buildings and facilities for the governmental agencies and departments of the City, for the acquisition of sites and development of adequate recreational facilities for the use and benefit ofthe citizens of the City, and for the improvement of public streets and roads of the City; AND WHEREAS, the City Council feels that it is necessary to provide a carefully planned program of public improvenents for the present and future benefit and welfare of the citizens of the City, and has been studying such a program in detail for a long period of time, and as a result of such long and careful study feels that the program to be submitted to vote of the qualified electors of the City by the provisions of this resolution is a necessary and advisable program for the present and future benefit and welfare of the citizens of the City; AND WHEREAS, the City Council of the City, as a result of its ex- tensive studies, feels that the following pth lic improvements are necessary and advisable for the public health, safety, benefit and welfare of the citizens of the City: 1. The acquisition of the necessary sites and the constructing, equipping and developing of a City-owned, modern Civic Center located in the area where the City Hall is now located, said Civic Center to be acquired and constructed in accordance with a com- prehensive general plan therefor prepared by Yamasaki, Leinweber and Associates, architects of Birmingham, Michigan, and to include buildings, equipment, improvements and facilities necessary for agencies and departments of the City, and the citizens of the City, consisting of site acquisition and development, City Hall addition and alteration, Police Department headquarters, Fire Department headquarters, municipal library, and a Municipal Community C enter, together with all necessary equipment and facilities appurtenant thereto and to such modern Civic Center; That the estimated cost of such modern Civic Center is Three Million Two Hundred Eighty-five Thousand ($3,285,000.00) Dollars, and period of usefulness of said project is estimated to be not less than forty (140) years. 2. The construction and equipping of a public works equipment garage and storage building to house and s tore the machinery and equipment of the Department of Public Works of the City, and also to maintain and repair all equipment of such department; The estimated cost of such building and equipment is Three Hundred Sixty-six Thousand ($366,000.00) Dollars, and the period of use- fulness of said project is estimated to be not less than forty (40) years. 3. The acquisition of lands and the development thereof for park and recreational purposes. There is a great need to acquire land Page 3539 for such purposes while it is still available, and to develop such land for park purposes. It is planned that the parks be acquired adjacent to existing and proposed school locations, and in addition six neighborhood parks would be developed to include three swimming pools and three artificial skating rinks. The estimated cost of such park and recreational program is Two Million ($2,000,000.00) Dollars, and the period of usefulness thereof is estimated to be not less than forty (40) years. 4. The acquisition of specific lands and the development thereof as a public recreational facility to be known as Camp Livonia. It is planned to purchase approximately 252.76 acres in the Northwest corner of the City, between Seven and Eight Mile Roads, East of Haggerty Road, to be used for a perk development, including lakes, picnic equipment, fencing, golf driving range, roads, landscaping, tennis courts and appurtenant facilities and equipment. The estimated cost of such project is One Million Three Hundred Thousand ($1,300,000.00) Dollars, and the period of usefulness thereof is estimated to be not less than forty (40) years. 5. The repair, resurfacing and/or paving of various streets and roads in the City in need thereof, including drainage. The estimated cost of the City's portion of such project is One Million (51,000,000.00) Dollars, and the period of usefulness thereof is estimated to be not less than twenty-five (25) years. 6. The acquisition of three sites and the constructing and equipping of two fire stations. The estimated cost of such project is Three Hundred Eighty-three Thousand ($383,000.00) Dollars, and the period of usefulness thereof is estimated to be not less than thirty (30) ye ars. AND WHEREAS, the City Council deems it in the best interests of the City of Livonia to finance the cost of said program of capital improvements by borrowing the necessary funds therefor and issuing the general obligation bonds of the City therefor; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The capital improvements specified in the preamble hereto are deemed necessary for the public health, safety and welfare of the City of Livonia and its citizens. 2. The estimated period of usefulness of said specified capital improvements as set forth in the preamble hereto are ratified and confirmed. 3. A special election of the qualified electors of the City of Livonia, County of Wayne, Michigan, be called and held concurrently with the Ge re ral November Election to be held on Tuesday, November 4, 1958, at the regular voting place in each election precinct in the City, for the purpose of voting on the questions of borrowing money and issuing the bonds of the City therefor to pay the cost of such capital improvement program as specified in the preamble hereto. 4. The propositions to be submitted at said special election shall be separately stated on the voting machines and/or on separate ballots in sub- stantially the following form: Page 3540 I. Civic Center Bonding Proposition Shall the City of Livonia, County of Wayne, State of Michigan, borrow the sum of not exceeding Three Million Two hundred Eighty-five Thousand ($3,285,000.00) Dollars and issue its general obligation bonds therefor for the purpose of acquiring the necessary site, constructing, equipping and developing a City-owned Civic Center, to include buildings, equipment, improvements and facilities necessary for headquarters for agencies aid departments of the City, and necessary to provide a modern Civic Community Center for the use and benefit of the citizens of the City? II. Department of Public Works Garage Bonding Proposition Shall the City of Livonia, County of Wayne, State of Michigan, borrow the sum Of not exceeding Three Hundred Sixty-six Thousand($366,000.00) Dollars and issue its general obligation boats therefor for the purpose of constructing and equipping a garage and storage building to house, store, maintain and repair the equipment of the Department of Public Works of the City? III. Recreational Bonding Proposition Shall the City of Livonia, County of Wayne, State of Michigan, borrow the sum of not exceeding Two Million ($2,000,000.00) Dollars and issue its general obligation bonds therefor for the purpose of acquiring lands for park and recreational purposes, aid improving, developing and providing necessary facilities for recreational use of said lands? IV. Camp Livonia recreational Bonding Proposition Shall the City of Livonia, County of Wayne, State of Michigan, borrow the sum of not exceeding One Million Three Hundred Thousand($1,300,000.00) Dollars and issue its general obligation bonds therefor for the purpose of acgz iring lands, c onatructing and develop- ing a public recreational area in the Northwest section of the City to be known as Camp Livonia? V. Street Improvement Bonding Proposition Shall the City of Livonia, County of Wayne, State of Michigan, borrow the sum of not exceeding One Million ($1,000,000.00) Page 351.l Dollars and issue its general obligation bonds therefor for the purpose of providing the City's share of the cost of repairing, resurfacing or paving various streets and roads in the City, including drainage thereof? VI. Fire Station Bonding Proposition Shall the City of Livonia, County of Wayne, State of Michigan, borrow the sum of not exceeding Three Hundred Eighty-three Thousand ($383,000.00) Dollars and issue its general obligation bonds therefor for the purpose of acquiring three sites for fire stations, and constructing and equipping two new fire stations? 5. The City Clerk will receive registration of electors qualified to vote at said special election who are not already properly registered until Monday, October 6, 1958, on which day the City Clerk will be at his office from 8:00 o'clock a. m. until 8:00 o'clock p. m., Eastern Standard Time, to receive registration of electors qualified to vote at said special election. 6. The City Clerk shall cause notice of registration to be pub- lished at least twice in The Livonian, a newspaper of general circulation in the City of Livonia, prior to the last day for receiving registrations, the first such publication to be not less than ten (10) full days prior to said last day for receiving registrations, and shall cause notice of registration to be posted in at least two (2) public places in each election precinct in the City at least ten (10) full days prior to the last day for receiving registrations. 7. The notice of registration shall be in substantially the follow- ing form: CITY OF LIVONIA COUNTY OF WAYNE, MICHIGAN NOTICE OF REGISTRATION TAKE NOTICE that any qualified electors of the City of Livonia, County of Wayne, Michigan, who are not already registered, may register for the Special City Election to be held concurrently with the General November Election on the 4th day of November, 1958. Registrations will be taken at the office of the City Clerk at the City Hall, Livonia, Michigan, each working day until Monday, the 6th day of Udctober, 1958. 'r d LAST DAY FOR RECEIVING REGISTRATIONS will be Monday, the 6th day of October, 1958, on which day the said Clerk will be at his office between the hours of 8:00 o'clock a. m. and 8:00 o'clock p. m., Eastern Standard Time, for the purpose of receiving registrations of electors qualified to vote. City Clerk Page 3512 8. The City Clerk shall cause notice at said Special City Election to be published at least twice before the date of election in The Livonian, a newspaper of general circulation in the City, the first publication to be not less than ten (10) full days prior to the date of the Special City Election and shall cause notice of Special City Election to be posted in at least two (2) public places in each election precinct in the City, at least ten (10) full days prior to said Special City Election. 9. The notice of such Special City Election shall be in sub- stantially the following form: NOTICE OF SPECIAL ELECTION OF THE QUALIFIED ELECTORS OF THE CITY OF LIVONIA, COUNTY OF WAYNE, MICHIGAN TO BE HELD ON NOVEMBER 4, 1958. TO THE QUALIFIED ELECTORS OF SAID CITY: PLEASE TAKE NOTICE that a special election of the qualified electors of said City will be held con- currently with the General November Election on Tuesday, November Li., 195b. The polls of election will be open from 7:00 o'clock a. m. until 8:00 o'clock p. m., Eastern Standard Time. The place of election will be the regularly designated voting place in each election precinct in the City. The followihg propositions will be submitted to the vote of the electors at said special election. I. Civic Center Bonding Proposition Shall the City of Livonia, County of Wayne, Star,e of Michigan, borrow the sum of not exceeding Three Killion Two Hundred Eighty-five Thousand ($3,285,000.00) Dollars and issue its general obligation bonds therefor for the purpose of acquiring the necessary site, construct- ing, equipping and developing a City-owned Civic Center, to include buildings, equipment, improvements and facilities necessary for headquarters for agencies and departments of the City, and necessary to provide a modem Civic Community Center for the use and benefit of the citizens of the City? II. Department of Public Works Garage Bonding Proposition Shall the City of Livonia, County of Wayne, State of Michigan, borrow the sum of not exceeding Page 3543 Three Hundred Sixty-six Thousand ($366,000.00) Dollars and issue its general obligation bonds therefor for the purpose of constructing and equipping a garage and storage building to house, store, maintain and repair and equip- ment of the Department of Pdh tic Works of the City? III. Recr--iational B orriing Proposition Shall the City of Livonia, County of Wayne, State of Michigan, borrow the sum of not exceeding Two Million ($2,000,000.00) Dollars and issue its general obligation bonds therefor for the purpose of acquiring lands for park and recreational purposes, and improving, developing and providing necessary facilities for re- creational use of said lands? IV. Camp Livonia Recreational Bonding Propos i ti on Shall the City of Livonia, County of Wayne, State of Michigan, borrow the sum of not exceeding One Million Three Hundred Thousand ($1,300,000.00) Dollars and issue its general obligation bonds therefor for the purpose of acqiiring lands, constructing and developing a public recreational area in the Northwest section of the City to be known as Camp Livonia? V. Street movement Bonding Proposition Shall the City of Livonia, County of Wayne, State of Michigan, borrow the sum of not exceeding One Million ($1,000,000.00) Dollars and issue its general obligation bonds therefor for the purpose of providing the City's share of the cost of repairing, resurfacing or paving various streets and roads in the City, in- cluding drainage thereof? VI. Fire Station Bonding Proposition Shall the City of Livonia, County of Wayne, State of Michigan, borrow the sum of not exceeding Three Hundred Eighty-three Thousand ($383,000.00) Dollars and issue its general obligation bonds therefor for the purpose of acquiring three sites for fire stations, and constructing and equipping two new fire stations? Each person voting on such propositions must be a qualified registered elector of the City of Livonia, and Page 351 must have property assessed for taxes within the City, or be the lawful husband or wife of such a person. This Notice is given by order of the City Council of the City of Livonia, County of Wayne, State of Michigan. City Clerk 10. All resolutions and parts of resolutions insofar as they con- flict with the provisions of this resolution be and they hereby are rescinded. A roll call vote was taken on the foregoing resolution with the followirg result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Salvadore, it was #5418-58 RESOLVED that WHEREAS, the Council of the City of Livonia has determined that it is in the interest of the City of Livonia to establish, operate and main- tain a municipal garbage and/or rubbish collection system; and INEREAS,the City Council has determined that in order to properly conduct such service it is necessary to levy an additional tax of one (1) mill on all real and personal property subject to taxation in the City; and WHEREAS, the Council has determined to submit such proposed Charter Amendment before the electorate at the special election previously established and called by Council resolution #547-58, which election was called and is to be held concurrently with the General November Election on Tuesday, Noveirber 4, 1958; NOW, THEREFORE, BE IT RESOLVED that, the City Council of the City of Livonia, by a three-fifths (3/5) vote of the members elect and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of Michigan of 1909, as amended, does hereby propose that there be submitted to the electors of such City at the special election to be held concurrently with the General November Election on Tuesday, November 4, 1958, which special election was called by Council resolution #547-58, the following amendment to the City Charter: PROPOSED CHARTER AMENDMENT Chapter VIII, Section 1. "Section 1. Power to Tax; Tax Limit. The City shall have power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed six-tenths (6/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that one-tenth (1/10) of one (1) per centum of such annual levy shall be used to establish and provide a municipal garbage and/or rubbish collection and disposal system and for such purposes to acquire, purchase, construct, own, maintain, administer, Page 3545 regulate and/or operate disposal grounds and all instrumentalities, equipment, facilities and properties, real or personal, used or useful, in connection with the collection and disposal of garbage and rubbish. All Charter provisions or acts, or parts of acts, in conflict here- with are hereby repealed or altered accordingly; that the existing Charter provision which would be altered or abrogated by the foregoing anendment is Chapter VIII, Section 1; that Novenb er 4, 1958, is hereby designated as the date for the holding of an election on said proposed anendment and question; that a certified copy of said proposed amendment and this resolution shall be forthwith transmitted by the City Clerk to the Governor of Michigan for his approval; that a certified copy of the Statement of Purpose shall be transmitted to the Attorney General for his approval, as required by Act #117, P. A. of 1955; that the City Clerk shall promptly and fully comply with all the provisions of Se ction 21 of said Act 279, as amended, and shall do and perform all acts required by State Law and the Charter of the City of Livonia relative to the calling and holding of such election in the City of Livonia, the giving notice thereof, the registration of electors and the preparation of ballots there- for, and the making of all necessary arrangements for such election; that paper ballots for the use of electors at such election be printed in sub- stantially the following form: BALLOT Instructions: A cross (x) in the square before the word ' ES" is in favor of the proposed amendment to the City Charter, and a cross (x) in the square be- fore the word "NO" is against the proposed amendment. Before leaving the booth, fold the ballot so that the initials of the inspector may be seen on the outside. An amendment to permit the establishment, operation and maintenance of a municipal waste collection system and to provide a one (1) mill tax levy to be used for such pur- poses. The purpose of this amendment is to permit the City of Livonia to levy and collect a tax of one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City to establish and provide a municipal garbage and/or rubbish collection and disposal system and for such purpose to acquire, purchase, construct, own, maintain, administer, regulate and/or operate disposal grounds and all instrumentalities, equipment, facilities and properties, real or personal, used or useful, in conne ction with the collection and disposal of garbage and/or rubbish. Shall Section 1 of Chapter VIII of the Charter of the City of Livonia be amended to permit the establishment, operation and maintenance of a municipal garbage and/or rubbish collection system and to provide an additional one (1) mill annual tax levy for such purpose? YES NO Page 3546 that said proposed Charter amendment shall be published in fullwith exist- ing Charter provisions which would be altered or abrogated thereby; that said proposed amendment in full shall be posted in a conspicuous place in each polling place; and that the canvass and determination of the votes on said proposed amendment shall be made in accordance with the laws of the State of Michigan; PLEASE TAKE NOTICE THAT THE FOLLOWING IS THE EXISTING CHARTER PROVISIOrn THAT WILIBE ALTERED OR ABROGATED BY THE FOREGOING CHARTER AMENDMENT: Chapter VIII, Section 1. Section 1. Power to Tax; Tax Limit. The City shall have power to annually levy and collect taxes for municipal purposes; but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. Councilman Sasser presented a report dated August 25, 1958 by the Streets, Roads and Plats Committee regarding paving intersections at Plymouth Road and Yale Avenue, and Joy Road and Harrison Avenue. By Councilman Sasser, seconded by Councilman Kleinert and unanimously adopted, it was #549-58 RESOLVED that, the report of the Streets, Roads and Plats Com- mittee dated August 25, 1958, establishing a policy for the acquisition of property,improvement and dedication of road right-of-way at inter- sections where commercial property is involved, is hereby approved and accepted by the Council of the City of Livonia. At 9:16 o'clock P. M., a recess was called, after which the meeting resumed with all members present who were naffed as present in the original roll call of this meeting, with the exception of Councilman Bagnall, who returned at a later time. By Councilman Salvadore, seconded by Councilman McCann and unanimously adopted, it was #550-58 RESOLVED that, the Recreation Study datud August 15, 1958, prepared by the Joint Recreation Advisory Committee in accordance with the request of the Joint City-School Board Recreation Advisory Committee on Recreation, is hereby received and the Council extends its appreciation to the Chairman of the Joint Recreation Advisory Committee, Dr. L. W. Olds, Page 3547 and committee members Edward J. Gilday, Lloyd E. Keller, Robert B.Keene, James F. Pate and (Miss) Barbara Sowers, for an excellent report covering the existing and anticipated recreational needs of the City of Livonia over the next ten years. Councilman Salvadore presented a report regarding the formation of a Livonia Youth Commission, which was accepted by the Council, and ordered filed. The Ordinance entitled "An Ordinance to Amend Section 10 of Ordinance No. 4 of the City of Livonia entitled, 'An Ordinance Providing for the Licensing and Regula- tion of Parking Lots'," introduced by Councilman Salvadore August 18, 1958, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, SasseT., Salvadore, McCann, O'Neill and Grant. NAYS: None. The President declared the ordinance duly adopted and will become effective on date of publication. By Councilman Sasser, seconded by Councilman Kleinert, it was #551-58 RESOLVED that, pursuant to the report and recommendation of the Director of Public Works and the Assistant City Engineer dated August 8, 1958, and also the communication from Edwin M. Orr, Consulting Engineer, dated August 19, 1958, the Council does hereby amend Item #3 of Council resolution #466-56 adopted on July 16, 1956, so as to establish a bond in the amount of $2,500.00 in Belle Lynn Subdivision to insure the necessary cost of repairs and additional installations. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. By Councilman Salvadore, seconded by Councilman McCann, it was #552-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated July 28, 1958, and the recommendation of the Mayor dated August 12, 1958, the Council does hereby transfer from Planning Commission Postage Account #7 to Planning Commission Publishing Account #8, the sum of $250.00 for the purpose of paying for necessary publishing expenses. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. Page 3548 By Councilman Mc6'ann, seconded by Councilman Sasser and unanimously adopted, it was #553-58 RESOLVED that, the proposed ordinance dated August 22, 1958, to amend Article 19.00 of Ordinance No. 60 is hereby referred to the City Planing Commission for a public hearing pursuant to law and a report and recommendation thereon back to the City Council. By Councilman Sasser, seconded by Councilman Salvadore and unanimously adopted, it was #554-58 RESOLVED that, regular meetings of the Council of the City of Livonia for the month of September, 1958, shall be held on the 15th, 22nd and 29th days of that month. Councilman Kleinert introduced the following Ordinance: NO. AN ORDINANCE PROHIBITING DISCHARGE OF FIREARMS EXCEPT IN CERTAIN AREAS, REGULATING THE USE THEREOF, AND PROVIDING A PENALTY FOR VIOLATION THEREOF. THE CITY OF LIVONIA ORDAINS: Section 1. The use or discharge of any and all firearms within the City of L__vonia is hereby prohibited, escept that shotguns may be used or discharged by owners, and their invitees, where said owners have a parcel of land containing five (5) acres or more, subject however, to the following conditions: 1. The use or discharge of shotguns shall in no event be allowed within six hundred (600) feet of any building on adjoining land; and 2. Owners and/or their invitees shall be required to obtain a 30 day permit from the Chief of Police before the use or discharge of shot- guns shall be allowed; aid, 3. Before a 30 day permit shall be issued by the Chief of Police to invitees, said invitees shall first submit to the Chief of Police the written consent of such owners to the use of the property; and 4. In no event shall tie use or discharge of any shotgun be allowed in the City of Livonia on Sunday; and 5. The Chief of Police, in his discretion, may refuse the issuance of said 30 day permit if he deems it necessary in the best interest of the public health, safety and welfare. Section 2. Nothing herein contained shall prevent the use or discharge of any firearms on a duly licensed shooting range, or by any person or persons properly acting in self-defense, or by, or at the direction of any police, military or govern- mental authority duly established under the laws of the City of Livonia, State of Michigan or the United States. Page 3549 Section 3. Nothing herein contained shall prevent regular policemen, special policemen and auxiliary policemen from using an open air range in the City of Livonia; or elsewhere, for the purpose of target practice. Such activity shall be subject to the control and discretion of the police commissioner as to scheduling the time and determining the location for such target practice and in all other respects. Section 4. No shooting range shall be operated within the City of Livonia unless a license thereof is procured from the City Clerk. No license for the operation of a shooting range shall be issued by the City Clerk until ther is paid into the City Treasury a license fee of Five Dollars ($5.00) per year or any portion thereof, and until the issuance of such license shall have been approved by the Chief of Police on a reasonable showing that the operation of the shooting range will be properly supervised and will not constitute a danger to life and property. Section 5. Any person who shall violate or fail to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by both such fine and imprisonment in the discretion of the court. Section 6. Ordinances No. 18, No. 58, No. 59, No. 114 and No. 137 are hereby repealed and all other ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 7. In the event any portion of this ordinance is held invalid for reason, such holding shall not affect the validity of the remaining portion of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Couoocil. By Councilman Salvadore, seconded by Councilman McCann, it was #555-58 RESOLVED that, having considered the letter from George Tripp, Inc., 3260 Elizabeth Lake Aoad, Pontiac, Michigan, dated August 14, 1958, and in accordance with the agreement contained in said letter, the Council of the City of Livonia does hereby release to the Northville Golf Club the balance of $271.01 due the said George Tripp, Inc., on Contract No. 2 with the City of Livonia, such contract being dated April 8, 1954; provided, however, that the said sum shall be paid to the Northville Golf Club only after a satisfactory release is executed by the Northville Golf Club re- leasing the City of Livonia and George Tripp, Inc., from all claims in connection with the work performed under the above contract. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. Councilman Kleinert introduced the following Ordinance: Page 3550 NO. AN ORDINANCE MENDING SECTIONS 2, 11, 13, 17, 21, 22, 27, 29 AND 33 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 3.152, 3.153, 3.154, 3.155, 3.156, 3.157, 3.158, 3.159, 3.160 AND 3.161. THE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated May 17;797; on Petition No. Z-275, dated May 15, 1958 on Petition No. Z-263, dated May 5 and May 19, 1958 on Petition No. Z-253, dated June 2, 1958 on Petitions No. Z-277 and No. Z-258, dated June 16, 1958 on Petitions No. Z-254 and No. Z-257, dated June 25, 1958 on Petitions No. 2-281 and No. Z-284, and dated June 27, 1958 on Petition No. Z-252, 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. 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 3.152. Petition No. Z-252 of Arnold Ranzenberger, President of the Livonia Development Company, is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-U-F B to M-1 as requested in said petition, and the North- west 1/4 of Section 29 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.153. Petition No. Z-253, as amended, of Irving Levine, President of Burt Homes, Inc., is hereby granted and the zoning classifica- tion of the premises described in said petition is hereby changed from R-U-F to C-1, R-1-A to P and R-U-F to P as requested in said petition, and the Southeast 1/4 of Section 22 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.154. Petition No. Z-254 of Henry Koloff is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-1-A to R-3 as requested in said petition, provided, however, that the proprietor notify purchasers of adjacent property of the multiple housing on the Five Mile Road frontage in the development of this property, and the Northwest 1/4 of Section 21 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.155. Petition No. Z-257, as amended, of Dymond and Helen McCullough is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-1 to PS as requested in said petition, and the Southwest 1/4 of Section 13 of the Zoning Ma.p is hereby amended to conform to the change made in this section. Section 3.156. Petition No. Z-258, as amended, of Hartman and Tyner is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-U-F to R-1 A as requested in said petition, and the Southeast 1/4 of Section 11 of the Zoning Map is hereby amended to conform to the change made in this section. Page 3551 Section 3.157. Petition No. Z-253 of Harry Siatkin Builders, Inc., is hereby granted and the zoning classification of the premises described in said petition is hereby changed on 3.849 acres from AGB to C-2 as requested in said petition, and the Southwest 1/4 of Section 17 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.158. Petition No. Z-275 initiated by the City Planning Commission is hereby granted and the zoning classification on parcels of land located on the South side of Five Mile Road, approximately 550 feet South of Five Mile Road, between Farmington Road and Hubbard, is hereby changed from C-2 to CC as requested in said petition, and the Northwest 1/4 of Section 22 of the Zoning Map is hereby mended to conform to the change made in this section. Section 3.159. Petition No. Z-277 of Carey Homes, Inc., is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-U-F-B to R-1-a as requested in said petition, and the Southeast 1/4 of Section 2 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.160. Petition No.Z-281 of Albert R. and Margaret D. Van Ness is hereby granted and the zoning classification of the South half of the premises described in said petition is hereby changed from R-U-FB to C-1 as requested in said petition, and the Southwest 1/4 of Section 33 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.161. Petition No. Z-2811. of Albert C. Schroeder is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-U-F-B to C-1 as requested in said petition and the northeast 1/4 of Section 27 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 40 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. Ail 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 porti ons of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Sasser introduced the following Ordinance: NO. AN ORDINANCE AMENDING SECTIONS 1, 12, 20, 21, 26 AND 33 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 3.1b2, 3.163, 3.161., 3.165, 3.166, 3.167, 3.168, 3.169 AND 3.170. Page 3552 THE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated June 2, 195d on Petition No. Z-272, dated June 23, 1958 on Petition No. Z-271, dated July 7, 1958 on Petitions No. Z-279, No. Z-283, No. Z-285, No. Z-286 and No. Z-288, dated July 21, 1958 on Petition No. Z-292, and dated July 23, 1958 on Petition No. Z-274, 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. Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, is hereby amended to adding thereto the following sections: Section 3.162. Petition No. Z-271 of Mr. and Mrs. Edward Butler is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-U-F to R-U as requested in said petition, and the Northwest 1/4 of Section 12 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.163. Petition No. Z-272 of Nat Rosenberg is hereby granted and the zoning classification of the premises described in said petition is hereby changed from AG to R-1-A as requested in said petition and the Northwest 1/4 of Section 21 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.164. Petition No. Z-274 of H. Deltchael and Silvino J. Deltchael is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-U-F to M-1, as requested in said petition, as amended, and the Southwest 1/4 of Section 26 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.165. Petition No. Z-2?9 of Irvin J. Lewis and wife is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-U-F to PS as requested in said petition, as amended, and the Northwest 1/4 of Section 1 of the honing Map is hereby amended to conform to the change made in this section. Section 3.166. Petition No. Z-283 of Mr. and Mrs . George A. Empey is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-U-F B to R-1-B as requested in said petition, and the Southwest 1/4 of Section 1 of the Zoning Nap is hereby amended to conform to the change made in this section. Section 3.167. Petition No. Z-285 of Donald C. Deremo for June Development Company is hereby granted and the zoning classification of the premises described in said petition is hereby changed from A-G-B to R-1-A except the North 500 feet of Parcel No. 9,which is to be changed to R-3, as requested in said petition, and the Southeast 1/4 of Section 20, the North- west 1/4 and the Southwest 1/4 of Section 21 of the Zoning Map are hereby amended to conform to the changes made in this section. Section 3.168. Petition No. Z-286 of Caroline C. linnell is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-U-F to C-2 as requested in said petition, and the Southwest 1/4 of Section 1 of the Zoning Map is hereby amended to conform to the change made in this section. Page 3553 Section 3.169. Petition No. Z-288 of Roy J. McGlothin is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-U-F B to R-1-A as requested in said petition, and the Northeast 1/4 of Section 33 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.170. Petition No. Z-292 of Harry B. Wright is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-U-F to R-1-B as requested in said petition, and the Northwest 1/4 of Section 12 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment NO. 41 of the Zoning Map of the City o Livonia," showing all of the amendments and charges made in the fore- going Section 2 of this ordinance,is hereby approved, established and made a part hereof. 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 nex regular meeting of the Council. Councilman Bagnall returned at 9:53 o'clock P. M. On motion of CouncilmanBagnall, seconded by Councilman O'Neill and unanimously adopted, this 255th regular meeting of the Council of the City of Livonia was duly adjourned at 9:54 o'clock P. M., August 25, 1958. ^. ar , y e .