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HomeMy WebLinkAboutCOUNCIL MINUTES 1959-07-13 Page 3981 MINUTES OF TIE TO HUNDRED EIGHTY-SECOND REGULAR MEETING OF THE COUNCIL OF TEE CITY OF LIVONIA On July 13,1959, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President at approximately 8:32 P. M. Councilman McCann delivered the invocation. Roll was called with the following result: Present-- Austin T.Grant, Frank O'Neill, Sydney B. Bagnall, 'udolf R. Kleinert, Robert Sasser, Jack Salvadore and James R. McCann. Absent-- None. By Councilmen Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #392-59 RESOLVED that, the minutes of the 281st regular meeting of the Council of the City of Livonia held June 22,1959, are hereby approved. The report from the Mayor dated June 30, 1959, in regard to race track revenue, was received and placed on file. By Councilman Bagnall, seconded by Councilman Salvadore and unanimously adopted, it was #393-59 RESOLVED that, pursuant to a letter received from the Mayor dated June 3, 1959, with reference to payment for certain work done by the Wayne County Drain Commissioner on drains within his jurisdiction in the City of Livonia, the Council does herein determine that as a matter of policy, the City of Livonia will not pay the Wayne County Drain Commissioner out of general funds of the City for work done on the various drains as set forth in the Drain Commissioner's letter of February 13, 1959. By Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, it was #394-59 RESOLVED that, the Wayne County Drain Commissioner is requested to inform the Council of the City of Livonia of action taken by the Wayne County Drain Commissioner on certain drains located within the City of Livonia as heretofore requested by Council in resolutions #2-59 through #15-59. By Councilman McCann, seconded by Councilman Bagnall, it was #395-59 RESOLVED that, having considered the report and recommendation of the Mayor dated July 3, 1959, which approved the request of the Livonia Industrial Development Commission for an appropriation for the balance of Page 3982 the fiscal year, the Council does herein transfer the sum of $1,000.00 from the Unappropriated Surplus to the Industrial Development Conaission Budget, as follows: $500.00 to Account No. 1B (Clerical); and $500.00 to Account No. 60 (Miscellaneous Expense). A roll call vote was taken an the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. By Councilman Salvadore, seconded by Councilman McCann and unanimously adopted, it was #396-59 RESOLVED that, the survey of the Light Weight Aggregate property be tabled until after August 7, 1959. By Councilman Sasser, seconded by Councilman McCann and unanimously adopted, it was #397-59 RESOLVED that, the letter from the Department of Law dated July 13, 1959, regarding the fire station site at Plymouth and Newburgh Roads, be tabled for further study. By Councilman Bagnall, seconded by Councilman Salvadore, it was #398-59 RESOLVED that, having considered the report aid recommendation of the Department of Law dated July 7, 1959, and the communication from the Director of Public Safety dated July 3, 1959, in connection with executing an Assignment of Option for the purchase of certain property located on Plymouth Road west of Newburgh Road for a fire station site, the Council does hereby authorize the Director of Public Safety to utilize the sum of $200.00 heretofore apprppriated for fire station site appraisals by Council resolution #306-59,adopted an May 25, 1959, for the purpose of engaging the services of two appraisers to appraise the proposed fire station site at Plymouth and Newburgh Roads, such property being lots 530, 531 and 532, Supervisors Livonia Plat No. 9. 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 Kleinert, seconded by Councilman Sasser, it was #399-59 RESOLVED that, having considered the report and recommendation of the Director of Public Works and Superintendent of Operations Division dated June 29, 1959, the Council does hereby accept the bids of Michigan Foundation Quarry C ompany, 110 West Jefferson Avenue, Trenton, for 19A, Page 3963 94t, and 3A Stone at $2.60 per ton delivered and spread; and the Teliechak Trucking Company, 12300 Farmington Road, Livonia, for 348 stone at $2.59 per ton delivered and spread; 31A Stone at $2.76 per ton and 31B Gravel at $1.30 per ton; these having been the lowest bids received for this material; and the City Clerk and Director of Public Works are herein authorised 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. Councilman Bagnall, as Chairman of the Finance and Insurance Committee, read a report dated June 29, 1959, from that Committee. By Councilman Bagnall, seconded by Councilman Salvadore and unanimously adopted, it was #400-59 RESOLVED that, having considered the report and recommendation of the Finance and Insurance Committee of the Council dated June 29, 1959, the Council does herein deny the request of the D irector of Public Safety dated May 7, 1959, for permission to retain appraisers to appraise an additional 75 feet on Farmington Road at Seven Nile Road, for the reason that the additional footage involved is not necessary cr required. By Councilman Bagnall, seconded by Councilman Sasser and unanimously adopted, it was #1401-59 RESOLVED that, having considered the report and recommendation of the Finance and Insurance Committee dated June 29, 1959, regarding the request of the Racing Commission dated May 25, 1959 fbr an appropriation to cover operating expenses of said Commission, the Council requests that either a budget be submitted for tis balance of tie fiscal year by the Commission, or that such appropriation be included in the next year's fiscal budget, 1959-60. By Councilman Bagnall, seconded by Councilman Sasser, it was #1402-59 RESOLVED that, having considered the report and recommendation of the Finance and Insurance Committee dated June 29, 1959, regarding the suggestion of the Budget Director as contained in his letter of June 24, 1959 with relation to the Special Assessment Revolving Fund, the Council does herein concur with the report and recommendation of the Finance and Insurance Committee of the Council. 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. Page 39454 Councilman Sasser, as Chairman of the Streets, Roads and Plats Committee, read a report dated June 30, 1959, from that Committee. By Councilman Sasser, seconded by Councilman Salvadore and unanimously adopted, it was #103-59 RESOLVED that, having considered the report and recommendation of the Streets,Roads and Plats Committee of the Council dated June 30, 1959, and the letter dated June 19, 1959, from the Board of Wayne County Road Commissioners, the Council does hereby rescind Council resolution #3�5-59 adopted at a special meeting held on June 2, 1959. By Councilman Kleinert, seconded by Councilman Sasser, it was #4014-59 RESOLVED that, the Council having considered the communication from the Board of Wayne County Road Commis si ane rs dated June 19, 1959, wherein is set forth an estimated cost to the City for the paving of Merriman Road from Joy Road to Schoolcraft Road, does hereby request the Board of Wayne County Road Commissioners to prepare the necessary agreement and to start preparation of plans, said agreement to be sub- mitted to the Council for approval; and that since it is the intent of the Council to finance the City's portion of this improvement by the issuance of Motor Vehicle Highway Fund Bonds, pursuant to Act 175, Public Acts of Michigan, 19142, the firm of Miller, Canfield, Paddock and Stone is requested to prepare the proper notice of intent to issue Motor Vehicle Highway Fund Bonds which the Council shall cause to be published as soon as possible. A roll call vote was taken on the foregoing resolution with the following results AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Salvadore, it was "05-59 RESOLVED that, having considered the report and recommendation of the Streets, Roads and Plats Committee dated June 30, 1959, which re- commends the paving of Levan Road b etween Plymouth Road and Schoolcraft Road at an approximate cost to theCLty of Livonia of $24,1100.00, the Council does herein approve of said report and recommendation. 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 Kleinert, seconded by Councilman Sasser and unanimously adapted, it was Page 3985 #406-59 RESOLVED that, before determining to install paving on Levan Road between Plymouth Road and Schoolcraft Road in the City of Livonia, the cost of which is to be defrayed by special assessment, the Chief City l ng1neer is hereby instructed to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare or cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his re- commendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the land which should be included in the proposed special assessment district or districts, pursuant to the provisions of Section 6 of Ordinance No. 31, as mended. By Councilman Sasser, seconded by Councilman Bagnall and unanimously adopted, it was #107-59 RESOLVED that, having considered the report and recommendation of the Streets, Roads and Plats Committee of the Council dated June 30, 1959, the Council does hereby table action in regard to the reconmdation set forth therein with reference to the replacement of the Hubbard Road bridge situated between Five Mile Road and Six Mile Road in the City of Livonia until the approximate cost of replacing such bridge is received. By Councilman Bagnall, seconded by Councilman O'Neill, it was #408-59 RESOLVED that, the request of the Mayor dated May 28, 1959, to engage an administrative assistant is granted; that such position be filled by contract and n at under Civil Service; that the form of such contract be prepared by the City Attorney and approved by the Mayor; that the salary be fixed at $6,000.00 per year for the first six months and thereafter $6,600.00 per year; that the term of such contract shall be for the balance of the present term of the Mayor; and that the Mayor Ana City Clerk be authorized to sign such contract and do such other things as may be reasonably necessary or incidental to the full performance of this resolution; and that the sum of $2,000.00 be transferred from the Unappropriated Surplus to Account No. 101-1C for the purpose of paying the appropriate salary for this position for the balance of the fiscal year. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, McCann, O'Neill and Grant. NAYS: Kleinert, Sasser and Salvadore. The President declared the resolution adopted. An Ordinance Amending Article 10.00 and 11.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," by Adding Thereto Sections 10.17 and 11.19, introduced by Councilman Kleinert on June 22, 1959, Page 3986 was taken from the table and a roll call vote conducted thereon with the following results AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: O'Neill. The President declared the foregoing Ordinance duly adopted and would become effective on date of publication. By Councilman Salvadore, seconded by Councilman Bagnall, it was #1O9-59 RESOLVED that, having considered the report and recommendation of the Director of Public Works and the Superintendent of Operations Division dated June 168 1959, the Council does hereby accept the bid of Sun Control Awning Company, 26289 West Eight Mile Road, Detroit 19, Michigan, for supplying the City with awnings for the City Hall, at its submitted bid price of $1,455.60, this having been the lowest bid received for this material; and the City Clerk and the Director of Public Works are 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: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilmen Kleinert, it was 1110-59 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated June 11, 1959, in regard to Petition No. Z-382 submitted by Albert R. and Margaret D. VanNess for change of zoning in the Southeast 1/14 of Section 31 from RUFB to P, the Council does herein reject the recommendation of the City Planning Commission and Petition No. Z-382 is approved; and the Department of Law is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, O'Neill and Grant. NAYS: Salvadore and McCann. The President declared the resolution adopted. By Councilman Sasser, seconded by Councilman Bagnall and unanimously adopted, it was x.411-59 RESOLVED that, having considered the report and recommendation Page 3987 of the City Planning C omnis sion dated January 19, 1959, in regard to Petition No. Z-339 submitted by Kenneth M. Phillips for change of zoning in the Southwest 1/4 of Section 36 from RI1FB to PS, the Council does herein concur with the recommendation of the City Planning Commission that the described property be rezoned to PS, subject to the condition that the buildings be erected according to the sketch submitted, and said Petition No. Z-339 is hereby approved; and the Department of Lax is instructed to prepare an ordinance amending Ordinance No. 60 in accord- ance with this resolution. At 9:31 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, excepting Councilmen Bagnall who returned at a later time. By Councilmen Kleinert, seconded by Councilman Sasser, it was #1412-59 RESOLVED that, having considered the request of Nan lino Perlongo, attorney f or Leo Stein, to reconsider Council resolution #189-59, which resolution denied Petition No. Z-336, the Council does hereby deny the request for such reconsideration of its previous action. Councilman Bagnall returned at 9:50 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: Bagnall and O'Neill. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Salvadore and unanimously adopted, it was #1113-59 RESOLVID that, having considered the report and re commendation of the Water and Sewer Board contained in its resolution X15160-5/59, the Council does herein authorize Merucci Bros. Excavating and Sewer Contractors, 31650 Eight this Road, Farmington Township, to tap into the Livonia Water Supply System subject to the following conditions: (1) Merucci Bros. Excavatim aid Sewer Contractors shall pay the entire cost of making the water tap; (2) all charges that are pertinent in compliance with exist- ing and future ordinances of the City of Livonia shall be paid by Merucci Bros. Excavating and Sewer Contractors; and (3) the connection permit shall become null and void at such time as Farmington Township is able to provide water facilities for the property of Merucci Bros. Excavating and Sewer Contractors, at which time they agree to forthwith terminate their connection to the Livonia Water Supply System at their sole expense. Page 3988 By Counci].manSalvadore, seconded by Councilman Bagnall and unanimously adopted, it was #414-59 RESOLVED that, having considered the letter dated June 29, 1959, from Jacobson, Nussbaum, Stacey & Rose, Attorneys at Law, 2001 Cadillac Tower, Detroit 26, Michigan, relative to the property owned by Edward Rose & Sons, Inc., A Michigan corporation, in the Southeast 1/14 of Section 12, the Department of Law is directed to confer immediately with the attorney for the Livonia School Board for the purpose of negotiating with the School Board for the acquisition of the property involved for park purposes. By Councilman Kleinert, seconded by Councilman Bagnall, it was #415-59 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated June 24, 1959, in regard to Petition No. Z-373 submitted by H. Eugene Field in behalf of Tom's Northwood Market, for change of zoning in the Northeast 1/14 of Section 11 from P-i to 0-2, the Council does hereby concur with such recommendation and Petition No. Z-373, as amended by City Planning Commission resolution #6-179-59, is hereby approved; and the Department of Law is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, O'Neill and Grant. NAYS: McCann. The President declared the resolution adopted. By Councilman Salvadore, seconded by Councilman Sasser and unanimously adopted, it was #416-59 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated June 23, 1959, in regard to Petition No. Z-3814 submitted by Mr. and Mrs.John P. Van Lier, et al, for change of zoning in the Southwest 1/4 of Section 15 from R-l-B to PS, the Council does hereby reject the recommendation of the City Planning Commission and Petition No. Z-3814 is hereby approved; and the Department of Law is in- structed to prepare an ordinance amending Ordinance No. 60 inaccordance with this resolution. By Councilman Kleinert, seconded by Councilman McCann, it was RESOLVED that, having considered the report and recommendation of the City Planning Commission dated June 23, 1959 in regard to Petition No. Z-385 submitted by Myer Klein for change of zoning in the Northeast 1/14 of Section 13 from R-1-B to PS, the Council concurs with the recom- mendation of the City Planning Commission and Petition No. Z-385 is denied. By Councilman Bagnall, seconded by Councilman O'Neill, it was Page 3989 #417-59 RESOLVED that, Petition No. Z-385 be table d for further study. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Salvadore, McCann, O'Neill and Grant. NAYS: Kleinert and Sasser. The President declared the resolution adopted. Councilman Bagnall introduced the f ollowl.ng Ordinance: NO. AN ORDINANCE AMENDING SECTION 4,05 OF ARTIC]E 4.00 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA." THE CITY OF LIVONIA ORDAINS: Section 1. Section 11,05 of Article 1 .00 of Ordinance No. 60, as amended, entitled "honing Ordinance of the City of Livonia," is hereby amended to read as follows: Section 14.0 . M nimum Lot Size and Width. The size and minimum width of each residential lot an which or in relation to which any build- ing or use is affected by the provisions of this ordinance shall not be less than (a) as to all lots within Sections 34, 35 and 36 of the City of Livonia, sixty-six hundred (6600) square feet in area and fifty- five (55) feet in width; (b) as to all lots within Sections 1, 2, 3, 10, 11, 12, 13, 114, 15, 19, 20, 21 and 22 through 33, inclusive, of the City of Livonia, seventy-two hundred (7200) square feet in area and sixty (60) feet in width; (c) as to all lots within Sections 4 through 9, inclusive, and Sections 16, 17 and 18 of the City of Livonia, eighty-four hundred (8400) square feet in area and seventy (70) feet in width; (d) the area and minimum width fixed by ordinances of the City of Livonia; and (e) the area and minimum width fixed by the Subdivision Regulations and the rules and decisions of the City Planning Commission; provided, however, that in passing upon or approving any proposed plat of a new subdivision, and in order to avoid a hardship or injustice, the City Planning Commission is authorized to reasonably construe such minimum Page 3990 widths of fifty-five (55), sixty (60) and seventy (70) feet as the average width of the lots within such plat; and, provided further, that the pro- visions of this section shall not apply to a lot, or a piece or parcel of land platted and identified as a single unit on a plat officially approved and recorded prior to the effective date of this ordinance; and provided further, that where any property owner can show to the Council of the City of Livonia that the seventy (70) foot minimum frontage and eighty-four hundred (8400) square foot minimum lot area requirements impose a practical hardship upon the use of property due to special circumstances arising from the location of such property, the Council upon recommendation of the City Planning Commission may reduce such requirements to the extent that they deem such reduction is necessary. Section 2. The provisions of this ordinance shall not be applicable to nor apply ".Cot, or piece or parcel of land platted and identified as a single unit on a plat officially approved and recorded prior to the effective date of this ordinance and the provisions of this ordinance shall not be iplicable to subdivision plats that have received approval of the City Planning Commission prior to the ef- fective date of this ordinance. Section 3. Ordinance No. 232 is hereby repealed and 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 4. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remain- ing portion of this ordinance. *The foregoing Ordinance was placed on the table f or consideration at the next regular meeting of the Council. By Councilman Salvadore, seconded by Councilman Bagnall, it was #418-59 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated June 9, 1959 in regard to Petition No. Z-287 submitted by Michael J. Caffery for change of zoning in the Southeast 1/4 of Section 30 from RUFB to C-2, the Council does herein reject the recommendation of the City Planning Commission and Petition No. Z-287 is approved; and the Department of Law is instructed to pre- pare an ordinance amending Ordinance No. 60 in accordance with this resolution. Councilman O'Neill was excused at 10:47 and returned at 10150 P. M. A roll call vote was taken an the foregoing resolution with the following result: AYES: Bagnall, Salvadore, O'Neill and Grant. NAYS: Kleinert, Sasser and McCann. The President declared the resolution adopted. 4 roll call vote was taken on this Ordinance on October 12, 1959. See P. 4102. Page 3991 By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #419-59 RESOLVED that, the petition of residents for pavement on the West side of Deering Avenue, north of Six Mile Road, be referred to the Streets, Roads and Plats Committee. By Councilman Kleinert, seconded by Councilman Salvadore and unanimously adopted, it was #420-59 RESOLVED that, before determining to install street lights in Buckingham Village Subdivisions 1 and 2 situated in the S cutheast 1/4 of Section 21i. in the City of Livonia, the cost of which is to be defrayed by special assessment, the Chief City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare or cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the land which should be included in the pro- posed special assessment district, pursuant to the provisions of Section 6 of Ordinance No. 31, as amended. By Councilmen Salvadore, seconded by Councilman Bagnall, it was #121-59 RESOLVED that, having considered the request of the Chairman of the Traffic Commission dated June 16, 1959, the Council does herein authorize the transfer of the sum of $250.00 from Traffic Commission Account No. 70 (Capital Outlay) to Traffic Commission Account No. 60 (Miscellaneous). A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill end Grant. NAYS: None. Councilman Salvadore was excused at 10:56 P. M. By Councilman Sasser, seconded by Councilman McCann, it was #122-59 RESOLVED that, having considered the request of tie Traffic Commission dated June 15, 1959 and the communication from the Michigan State Highway Department dated June 9, 1959 with reference to the City of Livonia participating in the cost of removing and reinstalling the traffic signal on Plymouth Road at Ford Motor Company, Gate 7, opposite the Wonderland Shopping Center, the Council does hereby rescind Council resolution #208-59 adopted April 13, 1959, and does hereby transfer the sum of $233.00 from the Unappropriated Surplus to the Special Traffic Page 3992 Control Account for the purpose of paying 33-1/3 per cent of the cost of removal and reinstallation of a traffic signal device on Plymouth Road adjacent to Gate 7 of the Ford Motor Company, Parts Depot Plant. A roll call vote was taken on the foregoing resolution with the following result: AlES: Bagnall, Kleinert, Sasser, McCann, O'Neill and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was X423-59 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated June 11, 1959, in regard to a petition initiated by the City Planning Commission an its own motion to determine whether or not to designate Northville Golf Course and Idyl Wyld Golf Course for future pthlic purposes on the Master School and Park Plan of the City of Livonia, the Council does hereby concur with theiecommenda- tion of the City Planning Commission and said petition is hereby denied for the reason that the City Planning Commission has previously disposed of the designation of the Northville and Idyl Wyld golf courses for pihlic purposes in Petitions No. Z-317 and No. Z-321. By Councilman Bagnall, seconded by Councilman McCann, it was #424-59 RESOLVED that, having considered the report and recommendation of the Budget Director dated June 16, 1959, the Council does hereby concur with said report and recommendation and the sum of $250.00 is hereby transferred from the Unappropriated Surplus to Department of Public Safety Account No. 5 (Car Allowance). A roll call vote was taken on the foregoing resolution with the following result: AXES: Bagnall, Kleinert, Sasser, McCann, O'Neill and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Bagnall, it was #425-59 RESOLVED that, having considered the report and recommendation of the Water and Sewer Board dated June 18, 1959 contained in its resolution #4162-5/59, which recommended that R. L. MacLaughlin,17508 Inkster Road, Detroit 40, Michigan, be allowed to tap into the Livonia Sanitary Sewer on the east side of Inkster Road, north of Six Mile Road, on Lot #83, Westland Farms Subdivision, Redford Township, the Council does herein concur with the recommendation of the Water and Sewer Board and grants such request and authorizes the Water and Sewer Division to grant to such party a permit to tap into the Livonia Sewage System on the following conditions: (1) That the Engineering Division of the Department of Public Works indicates that said sewer is of sufficient capacity that this additional connection will not be detrimental to the Livonia Sewage Disposal System; Page 3993 (2) That the aforementioned Mr. MacLaughlin bear the entire cost of making such connection to the Livonia Sewage System and that the aforementioned Mr. MacLaughlin pay to the City of Livonia the proper maintenance charge established in Ordinance No. 221 for non-residents and pay also a connection fee at the rate of $7.10 per front foot as also provided far in that ordinance; and provided further, that the Water and Sewer Division when issuing tim connection permit inform Mr. MacLaughlin and endorse on the face of such permit that the connection shall only be authorized until such time as Redford Township attempts to provide sanitary sewer facilities to such property and that the connection to the Livonia Sewage Disposal System shall terminate at such time as Redford Township does provide adequate sanitary facilities to the aforementioned property. A roll call vote was taken on the foregoing resolution with the following results AYES: Bagnall, Kleinert, Sasser, McCann, O'Neill and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman McCann and unanimously adopted, it was #126-59 RESOLVED that, having considered the report and recommendation of the Water and Sewer Board dated June 19, 1959, contained in its resolu- tion 0S164-5/59, the Council does hereby approve of said recommendation and Mr. John McGarvey of 35809 Joy Road, Nankin Township, is hereby authorized to tap into the Livonia Water Supply System, subject to the following conditions: (1) That Mr. McGarvey shall bear the entire cost of making the water tap and agrees to pay all charges that are required by existing and future ordinances of the City of Livonia; (2) That such connection shall become n41 and void at such time as Nankin Township provides water facilities to service Mr. McGarvey'a property; and (3) That at such time that Nankin Township does so provide water facilities for Mr. McGarvey, he shall forthwith terminate his connection with the Livonia Water Supply System at his own expense. By Councilman Bagnall, seconded by Councilman O'Neill, it was #4127-59 RESOLVED that, having considered the report and recommendation of the Mayor dated July 1, 1959, and the report of the Director of Public Works dated June 30, 1959, the Council does herein approve such recommend- ation and authorizes the W ater and Sewer Division to proceed immediately to employ Lybrand, Ross Bros. & Montgomery of Detroit, Michigan, to furnish a complete program on the Livonia Water System Accounting procedures and approves the expenditure of up to $2,500.00 for this program. Page 3991 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, McCann, O'Neill and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Kleinert, it was #1428-59 RESOLVED that, the Council does herein determine that further taxicab service in the City of Livonia is necessary for the public con- venience, and having considered the application dated April 2, 1959, of Warren Bromley, Sr., whose firm name will be known as "Veteran Cab of Livonia," and having received and considered the recommendation of the Police Department dated June 25, 1959, in connection with Mr. Bromley's application, the Council does herein determine that the above applicant is a proper person, both in experience and character, and that the applicant is willing and able to engage in the public transportation business and to conform with the provisions of Ordinance No. 166, the Taxicab Ordinance and the rules promulgated thereby by the Council, the Council does herein authorize the granting of a taxicab license to operate two (2) cabs within the City of Livonia, to the above applicant upon the payment of the license fee and the filing of the insurance policy and bond required by the pro- visions of the above taxicab ordinance; provided, however, that said license shall be conditioned upon the receipt of a favorable report from the Federal Bureau of Investigation, such report having heretofore been requested by the Police Department; and that such condition shall be noted on the license when issued. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, McCann, O'Neill and Grant. NAYS: None. Councilman Salvadore returned at 11:02 P. M. Councilman Salvadore introduced the following Ordinance: NO. AN ORDINANCE REGULATING TIE PARKING OF MOTOR VEHICLES UPON PRIVATE PROPERTY IN TIE CITY OF LIVONIA WITHOUT TIE CONSENT OF THE OWNER OR OTHER PERSONS ENTITLED TO POSSESSION. THE CITY OF LIVONIA ORDAINS: Section 1. It shall be unlawful for any person to park any motor vehicle on any priva property without the express or implied consent, authorization or ratification of the oaner, holder, occupant, lessee, agent or trustee of such pro- perty. Complaint for the violation of this section shall be made by the owner, holder, occupant, lessee, agent or trustee of such property. Section 2. This ordinance shall be enforced by the Police Department of Page 39Y) the City of Livonia when it has been informed of a violation or has knowledge thereof. Section Any person firm or corporation violating any of the provisions of this or ce shall upon conviction be subject to a fine not to exceed Five Hundred Dollars 0500.00) or imprisonment not to exceed a period of ninety (90) days or both such fine and imprisc reent, in the discretion of the court. 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 . Should any portion of this ordinance be held invalid for any reasonsue o g shall not be construed as affecting the validity of any of the remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Kleinert introduced the following Ordinance: NO. AN ORDINANCE TO AMEND SECTION 2.01 OF ARTICLE II OF ORDINANCE NO. 51 ENTITLED "BUILDING COLE OF THE CIZY OF LIVONIA." TIE CITY OF LIVONIA ORDAINS: Section 1. Section 2.01 of Article II of Ordinance No.51 entitled "Building Code of the City of Livonia," is hereby amended to read as follows: Section 2.01. "Wayne County B uilding Code" means the ordinance entitled "Wayne CounEy B uilding Code Ordinance " adopted by the Board of Supervisors of the County of Wayne an October 6, 1951, and all subsequent amendments thereto. Section 2. All ordinances or parts of ordinances in conflict herewith ere hereby repealed only to the extent necessary to give this ordinance full force and effect. Section . Should any portion of this ordinance be held invalid for any reason, euc of shall not be construed as affecting the validity of the remain- ing portions of this ordinance. The foregoing Ordinance was placed on the t able for consideration at the next regular meeting of the Council. By Councilmen Bagnall, seconded by Councilman Kleinert, it was Page 3996 #429-59 RESOLVED that, having considered the request of Herald F. Hamm, Civil Engineer, dated July 2, 1959, the Council does herein reaffirm ap- t. proval given to Yale Homes Subdivision No. 2, located on the west side of Yale Avenue approximately 330 feet south of Plymouth Road in the Northeast 1/4 of Section 32, given by Council resolution #479-58, adopted an July 28, 1958; provided, however, that this reaffirmation shall not in any way be construed to alter or change the terms and provisions of such resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, O'Neill and Grant. SASS: *Cann. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Sasser and unanimously adopted, it was #1430-59 RESOLVED that, having considered the report and recommendation of the Department of Law dated July 2, 1959, which requested the rescind- ing of Council resolution #187-59 adopted on April 13, 1959, for the reason that the Board of Wayne County Road Commissioners rescinded its previous action increasing sewage disposal rates for the Wayne County Metropolitan Sewerage and Sewage Disposal System, which rates were to become effective April 1, 1959, the Council does herein concur with the report and recom- mendation of the Department of Law, and Council resolution #187-59, adopted on April 13, 1959, is hereby rescinded. By Councilman Kleinert, seconded by Councilman Salvadore, it was #1131-59 RESOLVED that, having considered the communication of the Water and Sewer Board dated July 2, 1959, and having also considered the recom- mendation from the Board of Wayne County Road Commissioners dated June 19, 1959, the Council does hereby authorize the Water and Sewer Division to make effective and to institute collection in accordance with the Schedule of Rates adopted by the Board of Wayne County Road Commissioners on June 18, 1959, and to do all other things necessary or incidental to the fall performance of this resolution. A roll call vote was taken an the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Sasser, it was 01432-59 RESOLVED that, having considered the report and recommendation of the Water and Sewer Board dated July 3, 1959, contained in its resolu- tion #A174-6-59, which recommended that permission be granted to the John Cooley Company, General Builders, to extend the sanitary sewer line from the manhole in the rear of 35301 Plymouth Road to a manhole in the *Amended; see resolution #151-59 Page 3997 center of the parcel at 35275 Plymouth Road, the Council does herein concur with the recommendation of the Water and Sewer Board to grant to such party a permit to tap into the Livonia Sewage System on the following conditions: (1) That the Engineering Division of the Department of Public works indicates that said sewer is of sufficient capacity that this additional connection will not be detri- mental to the Livonia Sewage Disposal System; (2) That the aforementioned John Cooley Company bear the entire cost of making such connection to the Livonia Sewage System, and that the aforementioned company pay to the City of Livonia the proper maintenance charge established in Ordinance No. 2214 for non-residents and pay also a connection fee of $7.10 per front foot as also provided for in that ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, iCidnert,, Sasser, Salvadore, McCain, O'Neill and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman McCann and unanimously adopted, it was #133-59 RESOLVED that,having considered Petition No. V-149 submitted by the Sylvan Building Company, 1841 Wisconsin Avenue, Detroit 21, Michigan, to vacate certain portions of Brookfield Avenue located in Grennada Park Subdivision, City of Livonia, as set forth in the legal description contained in said petition, the Council does hereby refer Petition No. V4.9 to the City Planning Commission for action according to law and Ordinance No. 29. By Councilman Kleinert, seconded by Councilman McCann, it was #434-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer and the Director of Public Works dated July 2, 1959, the Council does herein release to Burt Homes, Inc., 16021 W. McNichols Road, Detroit 35, Michigan, the subdivision improvement bond in the amount of $2,600.00 deposited with the City in connection with Mari-Iynn Farms Subdivision No. 2, it appearing that a satisfactory apaintenance bond in the amount of $4,064.13 has been filed with the City; and the City Clerk and City Treasurer are 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: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. Page 3998 By Councilman Sasser, seconded by Councilman Salvadare, it was #435-59 RESOLVED that, having considered the report aid recommendation of the Chief City Engineer and the Director of Public Works dated June 30, 1959, the Council does hereby amend Item No. 3 of Council resolution #39-59 adopted on January 12, 1959, so as to establish a subdivision improvement bond in the amount of $35,000.00 to cover remaining improvements tote installed in New Joy Subdivision (formerly Schulgren Subdivision No. 4); 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 results AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman S alvadore, it was #436-59 RESOLVED that, having considered the report and recommendation of the Chief City Engineer and the Director of Public Works datee July 2, 1959, the Council does hereby amend Item No. 3of Council resolution #39-59 adopted on January 12, 1959, so as to establish a subdivision improvement bond in the amount of $8,000.00 to cover the remaining improvements to be installed in Schulgren Subdivision No. 2; 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: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. By Councilman Salvador°, seconded by Councilman Sasser, it was #437-59 RESOLVED that, having considered the report aid recommendation of the Chief City Engineer and the Director of Public works dated July 2, 1959, the Council does hereby amend Item No. 3 of Council resolution #39-59 adopted on January 12, 1959, so as to establish a subdivision improvement band in the anoint of $10,000.00 to cover the remaining improvements to be installed in Schulgren Subdivision No. 3; and the City Clerk is herein authorized to do all things necessary to the full performance of this reso luti on. 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 McCann, seconded by Councilman Kleinert, it was 3' #438-59 RESOLVED that, having considered the report and recommendation **Rescinded; see resolution #450-59 Page 3999 of the Chief City Engineer and the Director of Public Works dated July 1, 1959, the Council does hereby amend Item No. 3 of Council resolution #74-59 adopted January 26, 1959, as subsequently amended by Council resolution #397.59 adopted June 22, 1959, so as to establish a subdivision improvement surety bond in the amount of 39,000.00 to cover remaining improvements in Kimberly Oaks Estates Subdivision No. 2; 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: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman McCann, it was #439-59 RESOLVED that, having considered th3 report and recommendation of the Chief City Engineer and the Airector of Public Works dated July 1, 1959, the Council does hereby amend Item No. 3 of Council resolution #171-59 adopted on March 16, 1959, as subsequently amended by Council resolution #388-59, adopted on June 22, 1959, so as to establish a subdivision im- provement bond in the amount of $90,000.00 to cover the remaining improve- ments in the Idyl Wyld Estates Subdivision; and the City Clerk and City Treasurer are hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert,Sasser, Salvadore, McCann, O'Neill sad Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman O'Neill, it was #440-59 RESOLVED that, having considered the report and recommendation of the Chief City Engineer and the Director of Public Works dated July 4, 1959, the Council does hereby amend Item No. 8 of Council resolution #709-58 adopted November 10, 1958, so as to establish a subdivision im- provement bond in the amount of $177,000.00 to cover remaining improvements in Castle Gardens Subdivision; 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: Bagnsl 1, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Bagnall, it was #441-59 RESOLVED that, having considered the report end recommendation of the Chief City Engineer and the Director of Public Works dated July 4, Page 4000 1959, the Council does hereby amend Item No. 8 of Council resolution #709-58 adopted November 10, 1958, so as to establish a subdivision im- provement bond in the amount of $156,000.00 to cover remaining improve- ments in Castle Gardens Subdivision No. 2; 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: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Sasser, it was #142-59 RESOLVED that, having considered the report and recommendation of the Chief City Engineer and the Director of Public Works dated July 4, 1959, the Council does hereby amend Item No. 8 of Council resolution #709-58 adopted November 10, 1958, so as to establish a subdivision im- provement bond in the mount of $105,000.00 to cover remaining improvements in Castle Gardens Subdivision No. 3; 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: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. By Councilman Salvadore, seconded by Councilman 1Oann, it was #413-59 RESOLVED that, having considered the report and recommendation of the Chief City Engineer and the Director of Public Works dated July 2, 1959, the Council does herein amend Item No. 3 of Council resolution #486-58 adopted on July 28, 1958, so as to establish a subdivision improve- ment band in the amount of $5,255.00 to cover the installation of sidewalks and painting of street signs in Westrail Subdivision; 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: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman O'Neill and unanimously adopted, it was #444-59 RESOLVED that, having considered the report and recommendation of the Chief City Engineer and the Director of Public Works dated July 7, 1959, the Council does herein request the Engineering Division of the Page 4001 Department of Public Works for a report on how many additional homes may • sent be constructed in the City of Livonia based on the present avai a water supply so that the Council will be in a position to ascertain whether or not new subdivisions may expect an adequate water supply without seriously curtailing the water supply available for exist- ing users; and that all future reports from the City Engineer with respect to the approval of new plats contain the same information. By Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, it was #445-59 RESOLVED that, approval of bond far Country Homes Estates Subdivision be tabled for further study. By Councilman Kleinert, seconded by Councilman Sasser, it was #446-59 RESOLVED that, having considered the report and recommendation of the Chief City Engineer and the Director of Public Works dated July 7, 1959, and it appearing that an additional sum of $400.00 is necessary to complete the installation of a sanitary sewer along Middle Belt Road south of Clarita, which sewer extension approval is set forth in Council resolu- tion #290-58 adopted on May 12, 1958, the Council does hereby reaffirm Council resolution #290-58, and does further authorize the addition of $400.00 to the previously estimated cost of *3,500.00, bringing it to a total of $3,900.00, and accepts the responsibility for the construction, inspection, supervision and final acceptance of the above described sanitary sewer cross-over and extension. A roll call vote was taken on the foregoing resoluti on with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant. NAYS: None. On motion of Councilman Sasser, seconded by Councilman Bagnall and unanimously adopted, this 282nd regular meeting of the Council of the City of Livonia was duly adjourned at 11:30 P. M., July 13, 1959. Marie W. Clark, City Clark.