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HomeMy WebLinkAboutCOUNCIL MINUTES 1961-02-13 Page 1687 MINUTES OF THE THREE HUNDRED TWENTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 13, 1961, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the Vice President of the Council at approximately 8:35 P. M. Councilman Ponder delivered the invocation. Roll was called with the following result: Present-- Jack Salvadore, John T. Daugherty, William N. Ponder, Rudolf R. Kleinert and Austin T. Grant. Absent-- ' Sydney B. Bagnall and James R. McCann. By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #57-61 RESOLVED that, the minutes of the 327th regular meeting of the Council of the City of Livonia held January 23, 1961, and the 58th special meeting held January 30, 1961, are hereby approved. By Councilman Grant, seconded by Councilman Kleinert, it was #58-61 RESOLVED that, having considered the communication from the Mayor dated January 3, 1961, and from the local Director of Civil Defense dated December 30, 1960, and having in mind the policy of the Michigan Office of Civil Defense to substantially reimburse communities for civil defense expenditures, the Council does hereby establish the salary of this community's Director of Civil Defense at $110.00 per month payable monthly, which rate of compensation shall be deemed effective as of December 1, 1960 in accordance with the aforementioned recommendations. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Kleinert, Grant, Daugherty and Salvadore. NAYS: None. The letter from Mr. R. Bradley, 18215 Doris, Livonia, dated January 26, 1961, regarding inadequate access to the Coolidge School; and the letter from the Parks and Recreation Commission dated January 11,1961, regarding a proposed tree nursery;and the letter from Mr. George J. Katch, 9230 Melrose, Livonia, dated January 31, 1961, regarding the contemplated position of Legislative Agent and Industrial Coordinator, were received and placed on file far the future information of the Council. By Councilman Grant, seconded by Councilman Daugherty and unanimously Page !4688 adopted, it was #59-61 RESOLVED that, the following communications: 1. the letter from the Department of Public Works dated January 31, 1961, approved by the Director of Public Works, regarding the im- provement of Pembroke Street from Louise to Melvin, and 2. the letter from the Chief City Engineer dated February 2, 1961, regarding the opening of Curtis Avenue from the Section 9 elementary school to Farmington Road, and 3. the letter from the Chief City Engineer dated February 6, 1961, regarding the extension of Curtis Avenue from the Coolidge Elementary School to Merriman Road, are hereby each referred to the Streets, Roads and Plats Committee of the Council for its report and recommendation in connection therewith. By Councilman Kleinert, seconded by Councilman Grant and unanimously adopted, it was #60-61 RESOLVED that, having given due consideration to the communication from Mr. E. C. Welch, and while recognizing the worthwhile objective of establishing a hospital authority for the communities situated in this section of the State of Michigan, the Council does nevertheless respectfully decline to participate in the establishment of such a joint hospital authority at this time since the present financial condition of our com- munity precludes any additional expenditure in this direction, and for the further reason that the recently constructed St. Mary Hospital presently does afford to the people of this community reasonably adequate hospital facilities. By Councilman Daugherty, seconded by Councilman Ponder and unanimously adopted, it was #61-61 RESOLVED that, the communication from the United States Conference of Mayors dated January 19, 1961, inviting the City of Livonia to become formally associated with that organization, is hereby referred to the Finance Committee of the Council for its report and recommendation in connection therewith. By Councilman Ponder, seconded by Councilman Kleinert and unanimously adopted, it was #62-61 RESOLVED that, the communication from the United Irish Societies of Detroit, 2066 Michigan Avenue, Detroit, Michigan, dated January 16, 1961, inviting the City of Livonia to formally participate in its annual St. Patrick's Day Parade on Sunday, March 12, 1961, is hereby referred to a special committee consisting of Councilman John O'Daugherty and Councilman James O'McCann for their report and recommendation in connection therewith. Page 4689 By Councilman Grant, seconded by Councilman Daugherty and unanimously adopted, it was #63-61 RESOLVED that, the communication from the Michigan Civil War Centennial Observance Commission, 22307 S. Military, Dearborn, Michigan, dated January 21, 1961, regarding the possibility of an ordinance establish- ing a City Civil War Commission, is hereby referred to the Historical Com- mission for its report and recommendation in connection therewith. By Councilman Kleinert, seconded by Councilman Ponder and unanimously adopted, it was #64-61 RESOLVED that, the communication from Mr. Gene Salvatore, Garden City Councilman, dated January 20, 1961, challenging the Livonia City Council to a friendly basketball game, is hereby referred to Councilman Jack Salvadore, Chairman of the committee on Council Athletic Endeavors. By Councilman Daugherty, seconded by Councilman Grant and unaa imously adopted, it was #65-61 RESOLVED that, the following communications are herefy referred to the Water and Sewer Committee of the Council for its report and re• commendation therewith: 1. The letter from the Chief City Engineer, approved of by the Director of Public Works and the Mayor, dated January 2L1, 1961, containing the Engineering Division's report on storm drainage projects, and 2. The letter from the Chief City Engineer, approved of by the Director of Public Works and the Mayor, dated January 24, 1961, in response to Council resolution #2)4-61 (item No. 7) transmitting certain petitions for the improvement of certain drains designated on the Master Storm Sewer Plan as Projects No. 5,, No. 6 and No. 8, respectively. By Councilman Grant, seconded by Councilman Kleinert and unanimously adopted,it was #66-61 RESOLVED that, the communication from the Parks and Recreation Commission dated January 13, 1961, regarding the proposed park site at Joy and Haggerty Road, is hereby referred to the Capital Improvement Com- mittee of the Council for its report and recommendation. By Councilman Kleinert, seconded by Councilman Grant, it was #67-61 RESOLVED that, having considered the report and recommendation of the Finance Committee of the Council dated February 2, 1961, the Council does hereby concur in the recommendation of the Civil Service Commission dated December 5,1960, to the extent that: Page 4690 (a) the following new classifications are established: Project Supervisor III Project Supervisor II Civil Engineer II Civil Engineer I Engineering Aide I (b) the following classifications shall have a change of title: the classification of Assistant City Engineer and Engineer of Design & Specifications shall hereafter be designated as Civil Engineer V; and the classification of Chief Engineering Inspector and Engineer of Surveys and Construction shall hereafter be designated as Project Supervisor IV; and the classification of Jr. Inspector shall hereafter be designated as Project Supervisor I; and the classification of Laborer shall hereafter be designated as Engineering Aide II (c) the Council approves of the following schedule of compensation for certain of these new classifications, to wit: Civil Engineer V $8,754.98 per annum Project Supervisor IV $7,415.98 per annum such salary adjustments approved of herein shall be deemed to be effective as of the pay period commencing immediately after the effective date of this resolution; and the Council does herein determine not to concur with any of the other recommended rates of pay for any of the other several new classifications established herein, but rather suggests that the Civil Service Commission recommend, from time to time, pay schedules for each of these new classifi— cations at such time as it is contemplated that the particular classification will be filled, or at such time as the Civil Service Commission submits a comprehensive revision of the schedule of compensation for the 1961-62 fiscal year; it is further requested that the Civil Service Commission concur with the City Council in the schedule of compensation provided herein for the titles of Civil Engineer V and Project Supervisor IV' A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Kleinert, Grant, Daugherty and Salvadore. NAYS: None. By Councilman Kleinert, seconded by- Councilman Grant, it was #68-61 RESOLVED that, having considered the report and recommendation of the Finance Committee of the Council dated February 2, 1961, regarding the recommendation of the Civil Service Commission dated November 30, 1960, Page 14691 the Council does hereby approve and concur with the establishing of an annual rate of compensation for the classification of Personnel Director at $6,750.00 per annum, effective with the pay period commencing immediately after the effective date of this resolution subject,however, to the ap- proval of the Civil Service Commission of the salary rate approved of herein. A roll call vote was taken on the foregoing resolution with the following results ALES: Ponder, Kleinert, Grant, Daugherty and Salvadore. NAYS: None. By Councilman Kleinert, seconded by Councilman urant and unanimously adopted, it was #69-61 RESOLVED that, excepting for the salary and classification adjustments made and provided for in the two immediately preceding resolutions, and in other resolutions heretofore adopted by this body, the City Council does hereby reject each and every one of the other recommendations made by the Civil Service Commission prior to January 1, 1961, for salary and classification adjustments, included but not limited to all of those other recommendations not heretofore concurred with by the Council and set forth in letters from the Civil Service Commission dated as follows: June 30, 1960 (recommending rate schedule adjustments for 1960-61); August 17, 1960 (recommending salary and classifications adjustments for Municipal Library Personnel); December 1, 1960 (recommending salary adjustments for Superintendent, Parks and Recreation, and Chief Inspector); November 30, 1960 (recommending salary adjustments for Civil Service Commission personnel); December 5, 1960 (recommending adjustments of rates in the Department of Public Works); and December 5, 1960 (recommending adjustments of rates in the Engineering Division for the Department of Public Works). By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #70-61 RESOLVED that, having considered the report and recommendation from the Finance Committee of the Council dated February 2, 1961, the Council does hereby respectfully request that the legal firm of Miller, Canfield, Paddock and Stone, bonding counsel, submit comments and an opinion with regard to the possibility of the City of Livonia incorporat- ing in its bonding procedures a provision which would require the Mage ).692 designation of a local bank as a paying agent; the City Council would particularly care to know first whether or not such a procedure would be feasible and secondly, whether or not such a procedure, if incorporated, would interfere in any way with the sale of municipal bonds by the City of Livonia, and provided further, the City Clerk is hereby requested to im- mediately transmit a copy of this resolution to the aforementioned legal firm. By Councilman Kleinert, seconded by Councilman Grant, it was #71-61 RESOLVED that, having considered the report and recommendation of the Finance Committee of the Council dated Febrruary 2, 1961, the Council does hereby deny the request from the Municipal Judge, dated March 15, 1960, for funds to refurbish the Municipal Court Building; provided, however, that the City Council will consider, without prejudice, any other and future request from the Municipal Judge made in connection with this matter. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Kleinert, Grant and Daugherty. NAYS: Salvadore. The Vice Pfflesident declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Grant and unanimously adopted, it was #72-61 RESOLVE that, pursuant to the report and recommendation of the Finance Committee of the Council dated February 2, 1961, and in accordance with the report and recommendation of the Director of Public Safety dated August 19, 1960, the Council does determine at this time to take no action whatsoever toward integrating the Police and Fire Divisions of the Depart- ment of Public Safety. By Councilman Kleinert, seconded by C ouncilman Grant, it was #73-61 RESOLVED that, pursuant to the report and recommendation of the Finance Committee of the Council dated February 2, 1961, and having con- sidered the letter from the Industrial Commission dated December 13, 1960, as well as various letters received from individuals regarding the proposed position of Industrial Coordinator, the Council does hereby determine to take no action whatsoever at this time on any of the several requests made in the aforementioned letter from the Industrial Commission, and also to take no action at this time on any of the 'yap plications" for the proposed position of Industrial Coordinator; provided further, that the Council does herein determine to hold in abeyance any final determination of the matters presented by the Industrial Commission until such time as more adequate sanitary sewer capacity has been provided. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Grant and Salvadore. NAYS: Ponder and Daugherty. Page 4693 The Vice President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Grant and unanimously adopted, it was #74-61 RESOLVED that, pursuant to the report and recommendation of the Finance Committee of the Council dated February 2, 1961, regarding a re- quest from the City Planing Commission dated December 13, 1960, for an increased monthly car allowance, the Council does hereby deny such request and offers the suggestion that in any case where circumstances require a commission member or members to incur unusual car expense, that a request for reimbursement be submitted in accordance with procedures now established by the Financial Ordinance. By Councilman Kleinert, seconded by Councilman Grant, it was #75.61 RESOLVED that, pursuant to the report and recommendation of the Finance Committee of the Council dated February 2, 1961, regarding the re- commendation from the Director of Public Works dated January 30, 1961, approved of by the Mayor, the Council does hereby approve and authorize of the expenditure of $4,000.00 for the purpose of purchasing nursery stock from Michael J. Costello, 18815 Merriman Road, Livonia, Michigan, as outlined in the aforementioned letter from the Director of Public Works. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Kleinert, Grant, Daugher ty and Salvadore. NAYS: None. By Councilman Kleinert, seconded by Councilman Grant, it was #76-61 RESOLVED that, pursuant to the report and recommendation of the Finance Committee of the Council dated February 2, 1961, in regard to a report and recommendation from the Civil Service Commission, dated October 6, 1960, regarding proposed amendments to the Retirement Ordinance, the Council does hereby indicate to the Civil Service Commission its present agreement with the provisions of the so-called "Plan B" as set out in the report from the firm of A. G. Gabriel Company, Actuaries, dated July 18, 1960, and in this connection requests that the Civil Service Commission review and submit to the Council, in the near future, its recommendation regard- ing the same; and that the Department of Law is directed to prepare or to have the firm of A. G. Gabriel Company, Actuaries, prepare the required amendment to Ordinance No. 77, known as the Retirement Ordinance of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following results AYES: Ponder, Kleinert, Grant, Daugherty and Salvadore. NAYS: None. By Councilman Daugherty, seconded by Councilman Ponder, it was Page 4694 #77-61 RESOLVED that, pursuant to the report and recommendation of the Water and Sewer Committee of the Council dated January 25, 1961, in regard to the proposed Rouge Valley Sewage Disposal System Contract and the financing of the Middle Rouge Drainage District, the Council does hereby: 1. Bequest the Water and Sewer Board to submit a detailed report including: (a) additional substantiating data indicating the present usage by our community of the existing Wayne County Interceptor, and (b) containing comments of the Board regarding its proposed method of financing the above improvement, as set out in its resolution No. 321 -1/61, and (c) the observations and comments of the Board regarding any other available method of financing the City's share of the pro- posed improvement to the Rouge Valley Sewage Disposal System. 2. Request the Engineerin g Division for a detailed report indicating: (a) estimated additional cost that will be required of the City of Livonia for the construction of internal sanitary trunks which might be necessary in order to use the proposed Middle Rouge Drainage District, and (b) the cost of additional storm drains which might be required as a result of the proposed county improvement, and (c) the possibility of securing a grant from the Federal Govern- ment to assist the City in financing the City's share of the proposed improvement to the Rouge Valley Sewage Disposal System. 3. Request the City Planner for a detailed report indicating the extent to which any city service might be affected by the accelerated growth which will result from the improvement to the Rouge Valley Sewage Disposal System. 14. Request the Industrial Development Commission for a report in- dicating the additional tax base that might be expected as a result of additional industrial development resulting from the proposed improvement to the Rouge Valley Sewage Disposal Systemg and 5. Request the Livonia School Board to submit its observations and comments regarding the possible impact on this community of the accelerated growth which will result from the proposed improvement to the Rouge Valley Sewage Disposal System as it will relate to in- creased requirements for school system services; provided further, that the City Council would appreciate the receipt of the reports requested above as soon as it is reasonably possible. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder,Pleinert and Daugherty. NAYS: Grant and Salvadore. Page 4695 The Vice President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Grant and unanimously adopted, it w9s #78-61 RESOLVED that, pursuant to the report and recommendation of the Water and Sewer Committee of the Council dated January 25, 1961, the Council does hereby request that the Department of Law consult with representatives of the Board of Wayne County Road Commissioners with respect to the possi- bility of commencing legal action against either the Board, the verious sewer contractors, and/or the consulting engineers, with respect to per- formance of contracts dated March 21, 1955, and August 24, 1955, which contracts provided for major improvement to the sewer aid sewage disposal facilities of the City of Livonia; and provided further that after such discussion, the Department of Law is directed to report back to the Council its findings and conclusions in regard thereto. By Councilman Daugherty, seconded by Councilman Grant and unanimously adopted, it was #79-61 RESOLVED that, pursuant to the report and recornmendatioh of the Water and Sewer Committee of the Council dated January 25, 1961, the Council does hereby authorize the Department of Law to negotiate a modifi- cation of a certain agreement by and between the Township of L vont a and the Board of Wayne County Road Commissioners dated May 17, 1949, which modification would alter the schedule of payment to be made by the City of Livonia so that the obligation assumed under such contract would be retired within the next three or four years. By Councilman Daugherty, seconded by Councilman Grant and unanimously adopted, it was #80-61 RESOLVED that, pursuant to the report and recommendation of the Water and Sewer Committee of the Council, dated January 25, 1961, the Water and Sewer Board is hereby requested to work with the Department of Law and submit to the City Council a recommended amendment to Ordinance No. 224, as amended, which would establish more realistic connection ser- vice charges for shopping c enters (commercial subdivisions) and industrial subdivisions, and that in preparing such amendment,consideration be given to prescribing charges on a per unit or per building basis. By Councilman Grant, seconded by Councilman Ponder and unanimously adopted, it was #81-61 RESOLVED that, having considered the report and recommendation of the School Board & Council Joint Committee, dated January 26, 1961, the Council does hereby refer the letter from the Livonia P blit Schools dated January 9, 1961, requesting completion of Hubbard Road Yn the vicinity of Tyler Elementary School, to the Engineering Livision for a recommendation and report as to the estimated cost of such improvement. Page 4696 *Councilman Sydney B. Bagnall arrived at 9:11 P. M., and thereafter presided over the balance of the meeting. By Councilman Daugherty, seconded by Councilman Ponder and unanimously adopted, it was #82-61 RESOLVED that, the letter dated February 2, 1961, from the City Engineer relative to the paving of Floral Avenue in the S. E. 1/4 of Section 36, be referred to the Streets, Roads and Plats Committee of the Council to conduct a preliminary investigation and report back to the Council, and that the City Engineer furnish the Committee with a list of affected property owners. An Ordinance Amending Section 5.02 of Article 5.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," introduced by Councilman Salvadore on January 23, 1961, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Ponder, Grant, Salvadore, Daugherty and Bagnall. NAYSt Kleinert. The President cbclared the ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 1 of the Zoning Map of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No, 60, as amended, of the City of Livonia, by Adding Thereto Section 3.290, introduced by Councilman Kleinert on January 23, 1961, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Ponder, Kleinert, Grant, Salvador°, Daugherty and Bagnall. NAYS: None. The President declared the ordinance duly adopted and would become effective on publication. An Ordinance Vacating Portions of Street, Alley and Public Gronnd, introduced by Councilman Daugherty on January 23, 1961, was taken from the table and a roll call vote conducted thereon with the following result: Page 4697 AYES: Ponder, Kleinert, Grant, Daugherty and Bagnall. NAYS: Salvadore. The President declared the ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 4.37 of Article 4.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," introduced by Councilman Kleinert on January 30, 1961, was taken from the table and a roll call vote conducted thereon with the following results AYES: Ponder, Kleinert, Grant, Salvadore, Daugherty and Bagnall. NAYS: None. The President declared the ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 4.38 of Article 4.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," introduced by Councilman Kleinert on January 30, 1961, was taken from the table and a roll call vote conducted thereon with the following results AYES: Ponder, Kleinert, Grant, Salvadore, Daugherty and Bagnall. NAYS: None. The President declared the ordinance duly adopted and would become effective on publication. 11y Councilman Ponder, seconded by Councilman Daugherty, it was RESOLVED that,having read the communication from the Mayor dated Jaruary 11, 1961, and after serious consideration of those comments, the City Council does hereby determine that there is much to be accomplished through a continuation of the research study undertaken by the Citizens Research Council and accordingly does hereby request that the Citizens Research Council continue to pursue its research and study of this local government, and to submit from time to time reports setting out its find- ings, conclusions and recommendations; and that the Citizens Research Council and the Executive Departments, including the department heads, are respectfully requested to cooperate with each other in the investigations and reports. The President relinquished the c hair to the Vice President at 908 P. M., to speak page 4698 on the motion. The President resumed the chair at 9:45 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Daugherty and Bagnall. NAYS: Kleinert, Grant and Salvadore. The Presidentdeclared the resolution denied. By Councilman Kleinert, seconded by Councilman Grant, it was #83-61 RESOLVED that, having read the communication from the Mayor dated January 11, 1961, regarding the activities of the Citizens Research Council, and after serious consideration of those comments, the City Council does hereby determine that under present circumstances, no more can be accomplished by an attempt to continue the activities of the Citizens Research Council in the City of Livonia, and the Citizens Research Council is hereby requested to abandon all further activities in this connection. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Kleinert, Grant and Salvadore. NAYS: Daugherty and Bagnall. The President declared the resolution adapted. At 9:53 P.M., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting, including Councilman Sydney B. Bagnall. By Councilman Ponder, seconded by Councilman Kleinert, it was #84-61 RESOLTeD that, pursuant to the report and recommendation of the Chief City Engineer dated January 30, 1961, approved of by the Director of Public Works, the Council does hereby release the bond established by Council resolution #325-58 adopted May 25, 1958, as amended by Council resolutions #140-59 adopted January 12, 1959 and #550-60 adopted September 12, 1960, to insure the installation of improvements in Xoloff's Greenbrier Meadows Subdivision, it appearing from the aforementioned report and recom- mendation that all improvements have been satisfactorily ins Lalled with the rules and regulati ons and ordinances of the City of Livonia; aid the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. 4 roll call vote was taken on the foregoing resolution with the following results AYES: Ponder, Kleinert, Grant, Salvadore and Bagnall. NAYS: Daugherty. The Presidentd eelared the resoluti ch adopted. Page 4699 By Councilman Kleinert, seconded by Councilman Salvadore, it was #85-61 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated January 31, 1961, approved of by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolu- tion #326-58 adopted May 26, 1958, as amended by Council resolutions #767-59 adopted November 23, 1959 and #551-60 adopted on September 12, 1960, so as to reduce the bond for remaining improvements in Koloff's Greenbriar Meadows Subdivision No. 2 to $700.00, and the surety bond now on deposit with the City of Livonia shall be reduced accordingly, and the liability of the bonding company shall be limited to said amount; and the City Clerk is herein 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: Ponder, Kleinert, Grant, Salvadore and Bagnall. NAYS: Daugherty. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Ponder, it was #86-61 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated January 30, 1961, approved of by the Director of Public Works, theCouncil does hereby amend Item No. 3 of Council resobU- tion #687-57 adopted July 29, 1957, as amended by Council resolutions #497-59 adopted August 10, 1959, #347-60 adopted June 13, 1960, and #616-60 adopted October 17, 1960, so as to reduce the bond for remaining improve- ments in Merri-Five Mile Subdivision to $2,100.00, and the surety bond now on deposit with the City of Livonia shall be reduced accordingly and the liability of the bonding company shall be limited to said amount; and the City Clerk is herein 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: Ponder, Kleinert, Grant, Salvadore, Daugherty and Bagnall. NAYS: None. By Councilman Ponder, seconded by Councilman Grant, it was 07-61 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated January 31, 1961, approved of by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolu- tion #148-59 adopted March 9, 1959, as amended by Council resolutions #663-59 adopted October 12, 1959, #348-60 adopted June 13, 1960, and #612-60 adopted October 3, 1960, so as to reduce the bond for remaining improvements in Sunset Park Subdivision to $20,000.00, and the surety bond now on deposit with the City of Livonia shall be reduced accordingly and the liability of the bonding company shall be limited to said amount; and the City Clerk is herein authorized to do all things necessary or incidental to the full performance of this resolution. Page 4700 A roll call vote was taken on the foregoing resolution with the following results AYES: Ponder, Kleinert, Grant, Salvadore, Daugherty and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman Ponder, it was #88-61 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated January 31, 1961, approved of by the Director of Public Works, the Council does hereby release the bond established by Council resolution #1941, adopted December 27, 1954, as amended by Council resolution #143-55 adopted March 14, 1955, to insure the installation of improvements in Smiley Ringwald Subdivision, it appearing from the afore- mentioned report and recommendation that all improvements have been satisfactorily installed with the rules and regulations and ordinances of the City of Livonia; and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Kleinert, Grant, Salvadore, Daugherty and Bagnall. NAYS: None. By Councilman Salvadore, seconded by Councilman Grant, it was #89-61 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated January 31, 1961, approved of by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolu- tion" #714-57 adopted on September 16, 1957, as amended by Council resolution #478-58 adopted July 28, 1958, so as to reduce the bond for remaining im- provements in Yale Homes Subdivision to $400.00, and the surety bond now on deposit with the City of Livonia shall be reduced accordingly and the liability of the bonding company shall be limited to said amount; and the City Clerk is herein 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: Ponder, Kleinert, Grant, Salvadore, Daugherty and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman Ponder, it was #90-61 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated December 12, 1960, approved of by the Director of P blic Works, the Council does hereby release the bond established by Council resolution #487-58 adopted on July 28, 158, to insure the in- stallation of improvements in Carey Meadows Subdivision, so as to eliminate the requirement of a subdivision improvement bonds it appearing from the aforementioned report of the Engin"ering Division that the installation of sidewalks is not practical as heretofore required, and it further appearing Page 4701 that the required improvement to the water system has been installed in accordance with the rules and regulations and ordinances of the City of Livonia; and the City Clerk is herein authorized to do all things necessary or incidental to the full performance df this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Kleinert, Grant and Salvadore. NAYS: Daugherty and Bagnall. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Grant, it was #91-61 RESOLVED that, the report and recommendation of the Chief City Engineer dated November 1, 1960,approved of by the Director of Public Works, transmitting certain letters from the State Highway Department regarding an improvement to Plymouth Road at Wayne Road, is hereby referred to the Streets, Roads and Plats Committee of the Council for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Grant, Salvadore, Daugherty and Bagnall. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Grant, seconded by Councilman Daugherty and unanimously adopted, it was #92-61 RESOLVED that, the Council does hereby refer the letter from the Rosedale Gardens PTA dated January 30, 1961, regarding the closing of Orangelawn S reet, and the erection of a sign at the corner of W. Chicago and Hubbard Road, to the Director of Public Safety and the Traffic Commission for report and recommendation in connection therewith. By Councilman Daugherty, seconded by Councilman Salvadore and unanimously adopted, it was #93-61 RESOLVED that, having considered the petition of Sheldon M. Futernick, received February 2,1961, and in accordance with the provisions of Act 73 of the Public Acts of 1959, the Council does hereby approve of dividing lot No. 76 of Livrance Estates Subdivision, a part of the Northeast 1/4 of Section i4, City of Livonia, Wayne County, Mich gen, T. 1 S., R. 9 B., into two (2) equal parts to be 70 feet .n width and 292.88 feet in depth; and the City Clerk is requested to cause a certified copy of this resolution to be recorded in the Office of the Warne County Register of Deeds. Page 4702 By Councilman Kleinert, seconded by Councilman Grant and unanimously adopted, it was #94-61 RESOLVED that, the communication from William Charron, Staff Representative of Local 31192 of the American Federation of State, County and Municipal nnployees, is hereby referred to the Finance Committee of the Council for its report and recommendation. By Councilman Ponder, seconded by Councilman Salvadore and unanimously adopted, it was #95-61 RESOLVED that, the communication from the Director of Public Works dated January 17, 1961, approved of by the Mayor, and regarding the e mployment of a building construction supervisor, together with the pro- posed job specifications attached thereto, is hereby referred to the Finance Committee of the Council for its report and recommendation in connection therewith. By Councilman Salvadore, seconded by Councilman Daugherty and unanimously adopted, it was #96-61 RESOLVED that, having considered the communication from the Traffic Commission dated January 18, 1961, requesting notification of any action taken toward the paving of Harrison Street north of Joy Road, the Council does hereb ' inform the Traffic Commission that the Department of Law has been requested to commence condemnation proceedings for the purpose of acquiring this property in order that the City might improve same. By Councilman Daugherty, seconded by Councilman Salvadore and unanimously adopted, it was #97-61 RESOLVED that, having considered the communication from the Michigan Liquor Control Commission dated January 19, 1961, as well as the report and recommendation of the Police Department, dated January 25, 1961, the Council does hereby approve of the request from the Merri-Bowl Company, Inc., for a new dance permit to be held in conjunction with a 1960 Class C license with Bowling Permit and two (2) bars at 30950 Five Mile Road, Livonia, Michigan. By Councilman Daugherty, seconded by Councilman Ponder and unanimously adopted, it was #98-61 RESOLVED that, having considered the recommendation of the Water & Sewer Board dated February 7, 1961, regarding an amendment to Ordinance No. 43 to provide a surcharge of $8.00 per ton for non-conserving type refrigeration units, the Council does hereby refer the sane to the Legislative Committee of the Council for its report and recommendation in connection therewith. The request of St. Paul's Lutheran Church regarding the purchase of a Page 4703 portion of the Civic Center property was removed from the agenda to 10 the next meeting of the Council. By Councilman Grant, seconded by Councilman Ponder and unani- mously adopted, it was #99-61 RESOLVED that, having considered the report and re- commendations of the Parks and Recreation Commission dated February 10, 1961, the Council does hereby refer the same to the Engineering Division for the preparation of plans, specifications , and all other matters necessary in order that bids may be advertised for and received for the recom- mended improvement and development of the 40-acre park site at Farmington and Lyndon Roads in accordance with the recom- mendation of the Parks and Recreation Commission, and fur- ther, that upon completion of such plans, specifications, and advertising material, that the same be submitted to the Council for approval prior to formal advertisement and bids. By Councilman Grant, seconded by Councilman Daugherty and un- animously adopted, it was #100-61 RESOLVED that , the Livonia City Council offers its 110 deep and sincere thanks to Chief City Engineer John E. Hiltz for his years of able assistance to the Council and the people of Livonia; we, the Council, have been proud and happy to work with a man thoroughly endowed with facts, dedicated to the needs of honest legislation, and in his retirement , we wish him the best of health and happiness as we collectively say Thanks for a job well done. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #101-61 RESOLVED that, having considered the report and recom- mendation of the City Planning Commission dated February 8, 1961, submitted by D. R. McCullough, City Planner, for change of zoning in the Northwest 1/4 of Section 22 from CC and C-2 to PS , the Council does hereby concur with such recommendation and approves said Petition Z-484 insofar as it re-classifies to PS parcel H1 and lots No. 315 and No. 316 , and lots No. 323 and 324, of the Grennada Park Subdivision #1; and the Depart- ment of Law is hereby requested to prepare an ordinance in conformance with this resolution. By Councilman Grant, seconded by Councilman Ponder and unani- immously adopted, it was Page 4704 #102.-61 RESOLVED that, the City Council does hereby auth- orize the Department of Law to complete the transaction with is the Livonia School Board for the three acre park site adja- cent to the Taft School, such transaction to be completed upon the terms heretofore arrived at by and between the City of Livonia and the Livonia School District , and in connec- tion therewith, the Department of Law is authorized to do all things necessary or incidental to the full performance of this resolution. By Councilman Kleinert , seconded by Councilman Grant, it was #103-61 RESOLVED that, while considering general and compre- hensive revisions of the tax laws of the State of Michigan, the Council of the City of Livonia does hereby request the State Legislature to also consider an amendment to the General Property Tax Law which would eliminate the existing $7,500.00 assessed value ceiling on homestead exemptions in order that the $2,500.00 exemption shall apply no matter what the assessed valuation may be; and the City Clerk is requested to forward a copy of this resolution to State Senator Raymond D. Dzendzel and State Representative Harvey J. Beadle. A roll call vote was taken on the foregoing resolution with the follow- ing result : impAYES: Ponder , Kleinert, Grant, Salvadore, Daugherty and Bagnall. NAYS : None. By Councilman Daugherty, seconded by Councilman Salvadore and unanimously adopted, it was #104-61 RESOLVED that, the ordinances dealing with C-1, C-2, and C-3 District Regulations, covered in Petitions Z-457, Z-458 and Z-459 are hereby referred to the Legislative Com- mittee of the Council for report and recommendation . By Councilman Daugherty, seconded by Councilman Grant and un- animously adopted, it was #105-61 RESOLVED that, having considered the report and re- commendation from the Chief City Engineer dated February 2, 1961, approved of by the Director of Public Works and the Mayor, regarding the use of surplus funds from the Livonia Drain Project No. 1, the Council does hereby approve of the Lo use of such surplus funds for the additions suggested to the Livonia Drain No. 1 Project recommended and described in the Page 4705 aforementioned communication, and the City Council requests 10 the Office of the Wayne County Drain Commissioner to prepare all resolutions and petitions that may be necessary in order that these funds may be used for the construction of such additional project and to submit such resolutions and peti- tions to the City Council, Mayor and Director of Public Works as soon as it is reasonably possible, and the City Clerk is hereby requested to immediately transmit a copy of this re- solution, together with copies of the aforementioned report and recommendation of the Chief City Engineer, to the Office of the Wayne County Drain Commissioner. The following preamble and resolution were offered by Council- man Ponder and supported by Councilman Salvadore : #106-61 WHEREAS , by resolution duly adopted on January 25, 1960, this Council did authorize the filing of a petition signed by the Mayor and City Clerk of the City with the Drain Commissioner of the County of Wayne, for locating, establish- ing and constructing of a county drain to be located in the City of Livonia , the route thereof being described in said resolution, and did authorize the Drain Commissioner to pro- ceed with the construction and financing thereof under the provisions of Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended; 110 AND WHEREAS , proceedings have been taken by the statutory drainage board in accordance with the provisions of said law for the locating, establishing, construction and financing of said drain, referred to in said statutory pro- ceedings as "Livonia Drain No. 2"; AND WHEREAS , said proceedings have progressed to the point where the computation of cost of said drain has been determined to be $1,715,000.00 and an assessment roll has been prepared and confirmed assessing said estimated cost to the public corporations benefited in accordance with apportionments duly confirmed as follows : City of Livonia 94.5719% County of Wayne (Drain- 5.4281% age of County Highways AND WHEREAS , said confirmed assessments are payable in twenty-nine annual installments, the first of which is due April 1, 1962, and the balance on April 1st of each year thereafter, with interest at 6% on unpaid installments from and after January 1, 1961, subject to adjustment as provided in the resolution of the Drainage Board confirming said spe- cial assessment roll, which special assessment roll is to designated SPECIAL ASSESSMENT ROLL NO. 1 - LIVONIA DRAIN NO. 2, Page 4706 the annual installments assessed against the City of Livonia imp (exclusive of interest) and the due dates being specified as follows : Due Date Assessment Installment April 1 , 1962 $ 33, 100. 17 April 1, 1963 33 , 100. 17 April 1, 1964 33 , 100. 17 April 1, 1965 33 , 100. 17 April 1, 1966 33 , 100. 17 April 1, 1967 33 , 100. 17 April 1, 1968 37,828.76 April 1 , 1969 37, 828. 76 April 1, 1970 42,557.35 April 1, 1971 42,557.35 April 1, 1972 47,285.95 April 1, 1973 47,285.95 April 1, 1974 47, 285.95 April 1, 1975 52,014.55 April 1, 1976 56,743.14 April 1, 1977 56 ,743.14 April 1, 1978 61,471.73 April 1, 1979 66 ,200.33 April 1, 1980 70,928.93 April 1 , 1981 70,928.93 April 1, 1982 70,928.93 ift April 1, 1983 70,928.93 April 1, 1984 75,657. 52 April 1 , 1985 75,657. 52 April 1, 1986 75,657.52 April 1, 1987 75,657.52 April 1 , 1988 80,386 .11 April 1, 1989 80,386 . 11 April 1 , 1990 80,386 .11 AND WHEREAS , bonds in anticipation of the assessment installments have been authorized by the Drainage Board, de- signated Livonia Drain No. 2 Drainage District Bonds, and being in the aggregate principal amount of $1,715,000.00, which bonds were duly sold at public sale held on February 2, 1961, to an account headed by F . S. Smithers & Co. , of New York, New York, for an interest cost of 3.8437%. AND WHEREAS , the City Council has been fully informed and cognizant of said proceedings as they progressed, and desires that said drain be constructed at the earliest pos- sible moment in the interests of the public health of the City and its residents; NOW, THEREFORE, BE IT RESOLVED: 1. That the computation of cost of said Livonia Drain No. 2 in the amount of $1,715,000.00, as prepared and Page 4707 certified by Hubbell, Roth and Clark, consulting engineers, is approved and confirmed. 2. That the assessments to the City of Livonia, based upon the cost duly apportioned to the City of 94.5719%, as specified in SPECIAL ASSESSMENT ROLL NO. 1 - LIVONIA DRAIN NO. 2, are duly approved and confirmed, and the sums due and payable by virtue thereof shall be assessed on the tax rolls of the City and duly paid when due, all in the manner and as required by law. 3. That the issuance of Livonia Drain No, 2 Drainage District Bonds in the aggregate amount of $1, 715,000.00, and the sale thereof at public sale to an account headed by F. S. Smithers & Co. , of New York, New York, at an interest cost of 3.8437% is approved. 4. That in the event the County Treasurer of the County of Wayne, Michigan, pursuant to the provisions of Section 474 of Act 40 Public Acts of Michigan, 1956 , as amended, is required to advance from county general funds any installment or installments of said special assessments or interest thereon in order to pay bonds issued in antici- pation thereof as they mature, said County Treasurer is here- by authorized and directed to deduct the amount of such advance or advances from any moneys (other than those pledged for the payment of debts) , then or thereafter payable by him to the City of Livonia. 5. That the statutory drainage board be re- im quested to proceed as rapidly as possible with the delivery of the bonds to finance the cost of said Livonia Drain No. 2, and that construction be started as quickly as possible, said drain being immediately necessary for the preservation and protection of the public health of the City and its residents. A roll call vote was taken on the foregoing resolution with the follow- ing result: AYES : Ponder, Kleinert, Grant, Salvadore, Daugherty and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #107.61 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia and upon recommendation of the Mayor dated February 13, 1961, the Council does hereby confirm the appointment of Mr. Robert to H. Zumstein, 38612 Fargo, Livonia, Michigan, to the Board of Review of the City of Livonia for a term of two (2) years, expiring February 11, 1963. Page 4708 By Councilman Salvadore, seconded by Councilman Daugherty, isit was #108..61 RESOLVED that, having considered the report and re- commendation of the Mayor dated February 10, 1961, in regard to the proceedings of the Board of Tax Review, the Council does hereby transfer the sum of $3 ,500.00 from the Working Capital Account of the Capital Improvement Program to City Assessor Contractual Services Account for the purpose of employing a court stenographer to record and make all neces- sary transcripts, and that all expenditures for this purpose will be cleared through the Finance Committee of the Council. A roll call vote was taken on the foregoing resolution with the follow- ing result : AYES : Ponder, Kleinert, Grant, Salvadore, Daugherty and Bagnall. NAYS : None. By Councilman Daugherty, seconded by Councilman Salvadore, it was RESOLVED that, the City Attorney' s office furnish assistance in presenting cases for those taxpayers of Livonia who request the services of that office in presenting an ap- peal to the Board of Review. A roll call vote was taken on the foregoing resolution with the fol- lowing result: AYES : Daugherty, Salvadore and Bagnall. NAYS : Ponder, Kleinert and Grant . The President declared the resolution denied. By Councilman Kleinert, seconded by Councilman Grant and unani- mously adopted, it was #109-61 RESOLVED that, having considered the letter dated February 13, 1961, from the Budget Director , the Council does hereby reject all bids for the purchase of police uni- t. forms and the Director of Public Safety is authorized to readvertise for same. Page 4709 On motion of Councilman Kleinert, seconded by Councilman Salvadore and unanimously adopted, this 328th regular meeting of the Council of the City of Livonia was duly adjourned at 11: 24 P.M. , February 13, 1961. - 7 t ' IE W. CLARK, City Clerk cJ