HomeMy WebLinkAboutCOUNCIL MINUTES 1961-10-09 Page 4992
raNuTLJ OF THE THREE HUNDRED FORTY-FIFTH RiE,}ULAR ME2,IING
OF THE COUNCIL OF THE CITY OF LIVONIA
On October 9, 1961, the above meeting was held at 33001 rive Mile Road,
Livonia, Michigan, and was called to order by the Prestdent of the Council at ap-
proximately 8:42 P. M. Councilman Daui:hei ty deliverJd the invocation. Roll was
called with the following result: Present-- *Sydney B. Bagnall, John T. Daugherty,
N. Ponder, Rudolf R. aeinert, Austin T. Grant and James R. McCann.
Absent-- *Jack Salvadore.
By Councilman Daugherty, seconded by Councilman Ponder, it was
#676-61 RESOLE that, the m:,.nutes of the 3i.O4th regular meeting of
the Council of the City of Livonia held .eptember 25, 1961, are hereby
approved.
*Councilnen Jack Salvadore arrived at 6:145 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYE : McCann, Daugherty, Ponder, laeinert, Grants Salvadore and Bagnall.
NAY 3: None.
By Councilman icleinert, seconded by uouncilman 3alvadore, it was
#677-61 RESOLVED that, having considerA the lett, r from the Mayor,
dated September 25; 1961, the Council does herein api rove of and concur
with the appointment of Mr. Arthur C. Samuels, 10011 Adams, Livonia, Michi-
gan, to the City Planning Commission for a term of three (3) year% expiring
June 9, 1964.
A roll call vote was tarn on the forep-oing resolution with the following result:
AYEs: Salvadore, McCann, Ponder, Kleinert,Grant and Bagnall.
NAYS: Daugherty,
The President declared the resolution adopted.
By Councilman ualvadore, seconded by Councilman Grant and unanimously
adopted, it was
#678-61 RESOLVED that, the letter from the layor, dated September 25, 1961,
with reference to the recommendation of the Enneering Division, dated
Arm September 8, 1961, pertaining to extensions of the sanitary ,Jewer on Plymouth
Road, together with the recommendation dated septembe.u" 8, 1961, from the
&iginee-ring Division pertaining to the same subject, are each hereby referred
Page 4993
to the Water and Sewer Committee of the Council and to the Water and Sewer
Board for their respective reports and reconmendnti ons with regard to
location and methods for financing such a project, and the Council hereby
requests that such reports be returned as soon as is reasonably possible.
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
#679-61 RESOLVLD that, the communication dated October 2, 1961, from the
Mayor, regarding Council resolution #6?3-ul, adopted on September 25, 1961,
is hereby referred to the Committee of the Whole for its consideration.
By Councilman Grant, seconded by Councilman Ponder and unanimously
adopted, it was
#680-61 RESOLVED that, having considered the communications from the
Department of Law, dated respectively June 19 and September 26, 1961,
(submitted pursuant to resolution #229-61), the Council does hereby
determine to take no further action toward acquiring the property on
Plymouth Road referred to in the above resolution, that the asking prices
received from the owners of such property together with the existing
financial condition of the City preclude further consideration of this
matter; and the City Clerk is requested to send a copy of this resolution
Liu to Mr. Ralph Rostow, 846 W. Ann Arbor Trail, Plymouth, Michigan.
*Councilman William N. Ponder was excused at 8:50 P. M., for the balance
of the meeting.
By Councilman McCann, seconded by Councilman Daugherty, it was
#681-61 RESOLVED that, having considered the offer from the owners of
lots 12, 13, 1.4 and 15 of Newman Schoolcraft Farms Subdivision, located
in the N. W. 1/4 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne
County, Michigan, to sell a part of such property to the City at $6,500.00
per acre, the Council does hereby authorize the Department of Law to
negotiate for the purchase of these lots for the sum of $4,000.00 per
acre cash, and to do all other things necessary or incidental to the
full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result,
AYES: Salvadore, McCann, Daugherty, Kleinert, Grant and Bagnall.
NAYS: None.
By Councilman Grant, seconded by Councilman Kleinert and unanimously
ihre adopted, it was
#682-61 RESOLV:JD that, having considered the report and recommendation
of the Director of Public Safety, dated September 22, 1961, approved by
the Mayor, the Council does herein authorize and request the City Clerk
Page 4994
to make application to The Detroit Edison Company, on forms provided by
Lsuch company, for the installation of a street light of suitable lumen
strength to be installed at the intersection of Gary Lane and Five Mile
Road in the City of Livonia, it being the determination of the Council
that such location requires lighting in order to protect the public safety
of the residents of this community.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#683-61 RESOLVED that, the communication from the City Planner, dated
September 27, 1961, regarding recreational district regulations is hereby
referred to the Department of Law with the request that the same be pre-
pared in the form of an ordinance.
By Councilman Grant, seconded by Councilman McCann and unanimously
adopted, it was
#684-61 RESOLVED that, having considered the letter from the Department
of Law, dated September 28, 1961, and the letter attached thereto dated
September 26, 1961, from Mr. Richard T. Gieryn regarding the acquisition
of certain rights-of-way on Hubbard Road, (submitted pursuant to resolu-
tion #I92-61), the Council doe ; hereby refer such letters to the Engineer-
,
ing Division for its rel.ort and recommendation in connection therewith.
An Ordinance Adopting a Fire Prevention Code Prescribing Regulations
Governing Conditions Hazardous to Life and Property from Fire or Explosion, and
the Establishing of a Bureau of Fire Prevention and Providing Officers Therefor
and Defining their Powers and Duties, introduced on eepteMber 25, 1961, by
Councilman Ponder, was taken from the table, given it s second reading by title
only, and a roll call vote conducted thereon with the following results
AYES: Salvadore, McCann, Daugherty, Kleinert, Grant and Bagnall.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become ef-
fective on publication.
An Ordinance Amending Sections ], 2 and 7 of Ordinance No. 40, entitled
"An Ordinance Regulating Construction, Improvements, Alterations, Repairs, Operations,
limExcavations and Work in Public Streets, Alleys and Thoroughfares; Providing for the
Issuance of Permits and the Adoption of Regulati ons; and Providing a Penalty for the
Page 4995
Violation Thereof," introduced on September 25, 1961, by Counci7man Ponder, was taken
iMS from the table, given its second reading by title only, and a roll call vote conducted
thereon with the following result:
AYES: Salvador°, McCann, Daugherty, Kleinert, Grant and Bagnall.
NAYS: None,
The President declared the foregoing Ordinance duly adopted and would become ef-
fective on publication.
By Councilman Daugherty, seconded by Councilman Grant and unanimously
adopted, it was
#685-61 R&JOLVED that, the Council does hereby acknowledge receipt of
the communication dated September 29, 1961, from the Traffic Commission
with regard to speed controls on Curtis Avenue (submitted pursuant to
resolution #507-61); and does hereby re uest the City Clerk to forward
a copy of the letter received from the Traffic Commission to those persons
whose names appear on the petition received by the City on June 23, 1961,
in connection with such petition; and the attention of the petitioners is
ift. directed to tne completion of the Tarabusi crossing which should relieve
traffic problems for the children.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#686-61 REOLVED chat, the Traffic Study on Fairfield between Plymouth
uld West Chicago Road be referred back to the Traffic Commission for a
traffic study after the paving of the street has been completed.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#687-61 Re]SOLVED that, having considered the communication dated Septem-
ber 25, 1961, from the Department of Law in regard to a certain request
from Mr. Aubrey H. Ettenheimer for a refund of certain monies in connection
with previously paid for water permits, the Council does hereby concur with
the comments and conclusions of the Department of Law and for that reason
determines not to take any further action in connection with such request;
and the City Clerk is hereby re 'uested to transmit a copy of this resolu-
tion to the aforenamed party.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
imm #688-61 RESOLVED that, because the 36" storm sew r line required to be
installed in the prolsed Taylor Gardens subdivision is larger than that
which would ordjoRrily be required to service that subdivision alone,and
because the installatien of a sewer line of such capacity will directly
Page 4996
benefit and service certain City-owned property, and having received the
communication dated September 13, 1961, from Eli Friedman, representative
of the proprietor of the proposed Taylor Gardens Subdivision, which com-
munication presents copies of alternate bids reouested and required by the
terms of previous resolution #504-61, adopted on July 31, 1961, and having
considered tie report and recommendation of the Engineering Division, dated
October 9, 1961, provided approval of such is 4ven by the ;vlayor and the
Director of rublic 4ori , in connection with this matter, the Council does
hereby determine to contribute ;36,000.00 toward the cost o constructing the
required 36" storm sewer line on Meadowbrook Avenue in the proposed Taylor
Gardens eubdivision, provided, however, that the aforementioned sum shall
be paid to the proprietor only
(1) after the said 36" storm sewer line is completely constructed
and finally approved by the Engineering Division of the Department
of Public works; and
(2) after the proprietor submits to the City sufficient evidence that
he has paid in full, for the aforementioned storm sewer line and that
there is no b alance whatsoever due and owing on same;
and for this purpose, the aforementioned sum is hereby transferred from the
Provision for Park Site Acquisition Account of the Capital Improvement Program
to the Civic Center Storm Sewer Account of the Capital Improvement Program;
and the City Clerk and City Treasurer are herein authorized to do all things
necessary or incidental to the full performance of this resolution.
A roll call vote was taken on the forego ng resolution with the following result:
AYES: Salvadore, Kleinert, Grant and Bagnall.
NAYS: McCann and Daugherty.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman salvadore and unanimously
adopted, it was
#689-61 RESOLVED that, the re-establishment of bond for leiraberly Oaks
Estates Subdivision N . 2 is hereby referred back to the Engineering
Division to incorporate the retention basin, as approved by the City
Engineer's office, as a part Di Kimberly Oaks Est- tes Subdivision No. 2.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#690-61 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer, dated eeptemoer 2L, 1Q601 approved by the Mayor
Land Director of Public .qorks, regarding a proposed division of the: pro-
posed Lawr-E1 Subdivision, the Council does hereby i escind its previous
resolution #179-00, adopted on March 28, 1960.
Page 4997
By Councilman Kleinert, seconded by Councilman McCann, it was
#691-61 lia,s0LJ.ED that, Gordon-Begin Company, 1845o James Couzens Hwy.,
Detroit 35, Michigan, as proprietors, having requested the City Council to
approve the proposed plat of the following Subdivision: Lawr-E1 Subdivision,
located in part of the Southwest 1/4 of Section 24, City of Livonia; and
it appearin that tentative approval of said proposed plat was given by
the City Planning Commission under date of June 16, 1957, August 18, 1958
and Jul„r 21, 1959; and it further appearing that said proposed plat, to-
gether with the plans and specifications for improv ments therein, have
been approved by the Department of Public Works under date of September
28, 1961; the City Council does hen by approve said proposed plat on the
following conditions:
(1) Al] of such improvements shall be installed in conformance with
the Plat Ordinance (No. 135) as amended, of the city of Livonia, and
the rules and regulations of the Department of Public Works, within
a period of two (2) years from the date of this resolution;
(2) That the installation cf such improvements shall be supervised
and inspected by the Department of Public Works and such improvements
shall not be considered as having been satisfactorily installed until
there is filed with the Council a Certificate as provided in Section
14 of said Ordinance No. 135, as amended;
(3) That the City Clerk is not authorized to affix her signature to
said Plat until either said improvements have been satisfactorily
installed or, in lieu thereof, there is filed with her by said pro-
prietors a bond to the City of Livonia, in such fern as may be
approved by the City Attorney, and in the following amount:
2,400.CO, of which $300.00 shall be cash;
and until all inspection fees and other charges due to the City of
Livonia have been fully paid;
(1.1.) That the proprietor submit to the City Engineer as-built plans of
all, improvements installed in the subdivision, on cloth reproducible
material;
(5) On full compliance with the above conditions and with the pro-
visions of said Plat Ordinance, as amended, the City Clerk is hen.by
authorized to affix her signature to said Flat as evidence of this
approval..
A roll call vote was taken on the foregoing resolution with the following result:
AYE : ,alvadore, Daugherty, Kleinert, Grant, McCann and Bagnall.
NAYS: None,
By Councilman neinert„ seconded by Councilman •)alvadore, it was
#692-61 RESOLVED that, Gordon-Begin Company, 18)450 James Couzens Hwy.,
Detroit 35, lichiEan, as proprietors, having re iuested the City Council to
Page 4998
approve the proposed plat of the following Subdivision: Lawn-Ll Subdivision
No. 2, located in part of the southwest 1/4 of .Section 2) , City of Livonia;
and it appearing that tentativ- approval of said proposed plat was given
by the City Planning Commission under date of June 18, 1957, August 18,
1958 and July 21, 1959; and it further appearing that said proposed plat,
together with the plans and specifications for improvements therein, have
been approved by the Department of Public works under date of September 28,
1961, the City Council does hereby afprove said proposed plat on the
following condi tions :
(1) All of such improvements shall be installed in conformance with
the Plat Ordinance (No. 13e) as amended, of the City of Livonia, and
the rules and regul.ati ons of the Department of Public works, within
a period of two (2) years from the date of this resol uti on;
(2) That the installation of such improv ments shall be supervised
and inspected by the Department of Public works and such improvements
shall not be considered as having been satisfactorily installed until
there is filed with the Council a Certificate as provided in Section
lit of said Ordinance No. 135, as amended;
(3) That the City Clerk is not authorized to affix her signature to
said Plat until either said improvements have been satisfactorily in-
stalled or, in lieu thereof, there is filed with her by said pro-
prietors a bond to the City of Livonia, in such form as may be ap-
proved by the City Attorney, and in the following amount:
$155,000.00, of which 6c10,000.00 shall be cash;
and until all inspection fees and other charges due to the City of
Livonia have been fully paid;
(4) That the proprietor submit to the City Engineer as-built plans of
all improvements installed in the subdivision, on cloth reproducible
material;
(5) On full compliance with the above conditions and with the pro-
visions of said Plat Ordinance, as amended, the City Clerk is hereby
authorized to affix her signature to said Plat as evidence of this
approval.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, Daugherty, Kleinert, Grant, McCann and Bagnall.
NAYe: None.
By Councilman Salvadore, seconded by Councilman McCann, it was
#693-61 RESOLVED that, the re-establishment of bonds for Meri-Lynn Farms
Subdivisions No. 5 and No. 7 be and hereby are tabled to the next study
meeting, pending a report from the Engineering Division regarding half-
streets.
A roll call vote was taken on the foregoing resolution with the following result:
Page 4999
AYES: ealve.d o re Daughe rty I Grant and McCann.
NAYS: Kleinert and Bagnall.
The President declared the resolution adopted.
By Councilman Salvadore, seconded by Councilman McCann, it was
#694-61 RESOLVED that, having considered the report and recommendation
of the City Engineer, dated september 18, 1961, the Council does hereby
approve of installing and constructing an 8" water line in Purlingbrook
Avenue for a distance of approximately 1077 feet north from Seven Mile Road
and does herein authorize the Department of Public Works to advertise for
and receive bids for the aforesaid project, and in accordance with the
recommendation referred to above, does hereby authorize the expenditure of
$8,750.00 from existing surplus Water Revenue Bond funds.
A roll call, vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Daugherty and Grant.
NAYS: Kleinert, and Bagnall.
The President declared the resolutirn adopted.
iBtywaCsouncilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted,
#695-61 REe0I,VM that, the Water and Sewer Board is instructed to dis-
continue further study of the water main on Purlingbrook Avenue north of
Seven Nile Road, in view of the fact that the Council has taken action on
this subject at the regular meeting of October 9, 1961.
The President relinquished the chair to the Vice President at 9:45 P. M.
By Councilman Bagnall, seconded by Councilman Kleinert, it was
#696-61 RES'OLVII) that, pursuant to the verbal request of Council President
Sydney B. Bagnall, the Council does h n,by dir-,:ct the Department of Law to
prepare a proposed charter amendment which would increase the per annum
salary of the Mayor to 121500.00, and to submit the same to the Council
for it consideration as soon as it is reasonably possible.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bagnall, Daugherty, KleinertIC:rant, and Salvadore.
NAYS: None.
-).-Councilman Sydney B. Bagnall was excused at 9:49 P. M., for the balance
of the meeting.
Page 5000
At 9:50 P. M., a recess was called, after which the meeting resumed with
all members present except Councilmen Ponder and Bagnall, with the Vice President of
the Council presiding.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#697-61 RESOLVED that, having considered the report and recommendation
of the City Planning Commission, dated September 27, 1961, in regard to
yetition No. Z-516, as amended, submitted by Mortimer J. Liss, for change
of zoning in the South 1/2 of Section 28, the Council does hereby approve
of said petition to the extent that the property described in the petition
which is zoned R-1-B and RUFB shall be rezoned to RUA, it being the Council's
intention not to change the property described in the petition which is
presently zoned M-1, but rather to permit the M-1 classification to con-
tinue; and the Department of Law is hereby ins truc ted to prepare an or-
dinance amending Ordinance No. 60 in accordance with th this resolution.
By Councilman Daugherty, seconded by Councilman Grant and unanimously
adopted, it was
#698-61 RESOLVED that, the street pattern within and surrounding the
Alden Village Subdivision is hereby referred to the Planning Director for
a report and recommendation to the Council at the next study meeting to
eliminate objectionable industrial traffic within the subdivision and to
provide ingress and egress to the industrial property fronting the rail-
road spur of the C & 0 Railroad.
By Councilman Kleinert, seconded by Councilman McCann, it was
#699-61 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer, dated September 28, 1961, approved by the
Mayor and Director of Public Works, regarding a certain drainage situation
in the vicinity of 15624 Stamford, the Council does hereby approve of
Plan B attached to ;uch replrt and recommendation, and hereby authorizes
the Department of Public Works to proceed with correcting the said drainage
problem in accordance with the said Plan B, and for this purpose does hereby
transfer the sum of $2,300.00 from Park Site Acquisition Account to
Coventry Gardens Drainage Account 360-8.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Kleinert, Grant and Salvadore.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Kleinert, it was
#700-61 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer, dated September 21, 1961, approved by the Mayor and
Page 5001
Director of Public v)lorks, the Council does hereby amend Item No. 3 of
resolution #213-59 adopted on April 13, 1/59, as amended by resolutions
#766-59 adopted on November 23, 1959, and #559-60 adopted on September 12,
1960, so as to reduce the bond for remaining improvements in Meadowview
subdivision to $6,000.00 to cover the cost of installing remaining improve-
ments in that subdivision, and the liability of the bonding company shall
be limited to said amount; and the City Clerk is hereby authorized to do
all things necessary and incidental to the full performance of this
resoluti on.
A roll call vote was taken on the foregoing resolution with the following results
AYES: McCann, Daugherty, Kleinert,Grant and Salvadona.
NAY.) None.
By Councilman Grant, seconded by Councilman Kleinert, it was
#701-61 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer, dated 3 eptember 21, 1961, approved by the Mayor and
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #213-59 adopted on April 13, 1959, as amended by resolution
#766-59 adopted on November 23, 1959, so as to reduce the bond for remain-
ing improvements in Meadowview Subdivision No. 2 to $4,500.00 to cover the
cost of installing remaining imerovements in that subdivision, and the
liability of the bonding company shall be limited to said amount; and the
City Clerk is hereby authorized to do all things necessary and incidental
to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Kleine rt, Grant and Sal vad o re.
NAYS: Daugherty.
The Vice President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
#702-61 FuOLVED that, pursuant to the report and recommendation of the
Chief City Lneineer, dated september 21, 1961, approved by the Mayor and
Director of Public Works, the Council does hereby amen! Item. No. 3 of
resolution #213-59 adopted on April 13, 1959, as amended by resolution
#766-59 adopted on November 23, 1959, so as to reduce the bond for remain-
ing improvements in Meadcwview Subdivision No. 3 to $)1,700.00 to cover the
cost of installing remaining improvements in that subdivision, and the
liability of the bonding company shall be limited to said amount; and the
City Clerk is hereby authorized to do all things necessary and incidental
to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daughe rty,, Kleinert,Grant and oalvadore.
NAYS: None.
Page 5002
By Councilman Kleinert, seconded by Councilman McCann, it was
#703-61 :E t. SOLVED that, pursuant to the report and recommendation of the
Chief City Engineer, dated September 21, 1961, approved by the Mayor and
Director of Public v�orks, the Councildoes hereby amend Item No. 3 of
resolution #80-60 adopted on February 2, 1960, so as to reduce the bond for
remaining improvements in Meadowview Subdivision No. ij. to $1,500.00 of
which $200.00 shall be in cash, to cover the cost of installing remaining
improvements in that subdivision, and the liability of the bonding company
shall be limited to said amount; and the City Clerk and City Treasurer are
hereby authorized to do all things necessary and incidental to the full
performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Kleinert, Grant and Salvadore.
NAYS: Daugherty.
The Vice President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Grant, it was
#70L-61 R'uSOLV1 that, having considered the report and recommendation
of the superintendent of Operations Division, dated September 21, 1961,
approved by the Mayor and Director of Public '°forim, the Council does
hereby accept the bid of R. C. Mahon, 6565 ELght Mile koad, Detroit,
Michigan, for supplying structural steel to the City of Livonia for the
following stated price, such having been in fact the lowest bid received
for such item:
Bid Terms Delivery
$9.13/cwt. 1/2 of l/ 10-25th 3 days
(four lengths of 27-inch wide flange, 9L lb., 55 feet long,
to be purchased at a t otal weight of 20,680 pounds at a
total cost of $1,888.08 delivered.)
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Kleinert, Grant and Salvadore.
NAYS: None.
By Councilman McCann, seconded by Councilman Kleinert, it was
#705-61 RESOLVED that, having considered the report and recommendation
of the Superintendent of Operations Division, dated eeptember 19, 1961,
approved by the Mayor and Director of Public °corks, in regard to bids re-
ceived for concrete pipe, and having considered also the tabulation of
such bids for concrete pipe attached thereto,which tabulation is made a
part of this resolution by this reference, the Council does hereby accept
the following bids:
Page 5003
Michigan Concrete Company, l444.5 Hamilton Avenue, Detroit 3,
Michigan, for items 1 sted in Group I on the said tabulation
of bids;
Macomb-Oar land DuplAy Company and American Vitrified Products
Company, for items listed in Group II of said tabulation of
bids, purchases to be made from the lowest bidder where price
differs, or from bieue r o able to furnish items most
satisfactorily where price is the same; and
American Vitrified i roducts Company, 13020 Newburgh Road, Livonia,
Michigan, for items listed in Group III of said tabulation of bids;
such bids having been in fact the lowest olds received for such items.
A roll call vote was taken onthe foregoing resolution with the following result:
AYES: McCann, Daugherty, Kleinert, Grant and ealvadore.
NAYS: None.
By Councilman Grant, seconded by Councilman Kleinert, it was
#706-61 RiLeOLV D that, having considered the report and recommendation
of the superintendent of Operations Division, dated September 19, 1961,
approved by the Mayor and Director of Public J4orks, in regard to bids re-
ceived for corrugated metal pipe, and having considered also the tabulation
of such bids for corrugat. d metal pipe attached thereto, which tabulation
is made a part of this resolution by this r ference, the Council does hereby
accept the bid of Armco Drainage and 4etal Products, Inc., 17360 West Eight
Mile Road, 3outhfield, Michigan, for the total submitted price of $14,401.10
for sup-lying the City of Livonia with corrugated metal pipe as set out in
the above referred to tabulation sheet, such bid having been in fact the
lowest bid received for such items.
A roll call vote was t een on the for Tnin, resolution with the following result:
Hee: 4cCann, Daugherty, Kleinert, irant and Salvadore.
NAYe: None.
By Councilman McCann, seconded by Councilman Kleinert and unanimously
adopted, it was
#707-61 Rr$OLVED that, having considered the communication from the
Library Commission, dated eeptember 2,e, 1961, approved by the Mayor,
regarding salary adjustments for Library personnel, the Council does
hereby refer the same to the Committee of the »hole for its consideration
at a joint meeting with the Civil service Commission and the Library
Commission to be held at some future date.
By Councilman Kleinert, seconded by Councilman Grant and unanimously
adopted, it was
Page 5004
#708-61 RLJOLVED that, having considered the communication from the
Department of Law, dated eeptember 21, 19(.1, regarding the opening of
Yale Avenue south of Plymouth Road, and having considered also in the
same commection, a communication from Plymouth-Yale Center, dated July 17,
1961, the Council does hereby reject that company's offer to grant the
City a license, and the Department of Law is herein instructed to prepare
the necessary resolution in order to commence condemnation proceedings
toward acquiring the title to the 86-foot right-of-way necessary in order
that Yale Avenue might be extended from the north boundary line of Country
Homes subdivision to Plymouth Road.
By Councilman Grant, seconded by Councilman McCann and unanimously
adopted, it was
#709-61 R SOLVeD that, the City of Livonia strenuously objects to Public
Acts 98 and 99 of 1961, which acts attempt to preclude the municipal courts
from ex.rcising jurisdiction in those cases in which the defendant resides
in the City of Detroit regardless of where the other party may reside;
RESOLVED FURTHER, that the acts are unfair and unconstitutional
as they attempt to prey nt a party who resides in a municipality or
;overnmental unit other than the City of Detroit from using one of the
most important facilities of that municipality or governmental unit - the
local court - merely because the party from whom he seeks a redress happens
to reside in the City of Detroit. In effect, the acts discriminate against
Iwo those who reside outside the City of Detroit, since, although a resident of
Detroit would be allowed to maintain anection in Detroit against a
resident of another city or governmental unit in Wayne County and the
defendant would be required to defend the action in the City of Detroit,
that same defendant could not maintain an action in his own city of
residence against the identical Detroit resident, but would be required
to maintain said action in the City of Detroit;
RESOLVED FURTHER, that the citizens of Livonia do not have the
right to participate in the election of the Common Pleas Judges of the
Common Pleas Court for the City of Detroit, where said cases would be tried,
but they do, in effect, pay the judges' salaries and the expenses of ad-
ministering the court through their county taxes;
RESOLVED FURTHER, that the inj us tices created by these acts re-
quire the Bar Association, our State Representative, and our State Senator
to take immediate action to overcome the acts', above enumerated, dis-
criminatory effects.
RESOLVED FURTHER, that e copy of this resolution be sent to our
State Representative,our State Senator, and in addition thereto, the
Michigan Bar Association.
RESOLVED FURTHER, that a copy of this resolution be forwarded to
adjacent municipalities and townships.
iim
By Councilman McCann, seconded by Councilman Grant and unanimously
adopted, it was
Page 5005
#710-61 R:SOLVED that
WHEREAS, there exists in the world today a possibility of nuclear
warfare which could wipe out most of the citizens, unless the citizens are
protected, and
WHEREAS, the President of the United States has called on all the
citizens to construct fall-out shelters for the protection of life, and
WHEREAS, under the existing tax laws of the State of Michigan,
fall-out shelters must be assessed on the tax roll even though the very
nature of fall-out shelters do not lend themselves to any use except for
use as an emergency shelter, and
WHEREAe, this created a hardship upon our citizens by forcing them
to pay taxes on something they may never use,
THEREFORE, BE IT R eOLVED that, the Council of the City of Livonia
meeting in regular session on October 9, 1961, hereby resolves that the
Board of Supervisors of the County of Wayne, through its legislative agent
be asked to petition the state legislature of the State of Mich:; gan to
exempt from all real property taxation, civil defense fall-out shelters
which are used expressly for the purpose of civil defense and hereby urges
the Board of Supervisors to push for the enactment of the necessary legis-
lation to carry out the intent of this resolution as expediently as
possible, and
BE IT FURTHER RESOLVED that, a copy of this resolution be sent
to the Governor of the State of Michegan, the Speaker of the House of the
State of Michigan, Lt. Governor of the State of Michigan, the Chairman of
the Democratic Party, the Chairman of the Republican Party and to all
communities within the County of Wayne and ask for their concurrence in
this res oluti oh.
By Councilman Kleinert, ieconded by Councilman Daugherty and unanimously
adopted, it was
#711-61 RESOLVED that, Davin„ considered the report and recommendation
of the City Planning Commission, dated eeptember 28, 1961, in regard to
Petition No. Z-517 submitted by Jerome Hirsch for change of zoning in the
Northeast 1/4 of Section 10 from RLA to R-3, the Council does hereby concur
in the recommendation from the City Planning, Commission and Petition No.
Z-517 is hereby denied.
By Councilman Jrant, seconded by Councilman Kleinert and unanimously
adopted, it was
#712-61 REeOLVED that, having consiiered the report and recommendation of
the City Plann ng Commission, dated septemb e,r 27, 1961, in regard to Petition
No. Z-518 initiated by the City Planning Commission for change of zoning in
the Northeast ]./4 of eection 9 from C-1 and HM to PS, the Council does
hereby concur with the recommendation of the City Planning Commission and
the following; described property is hereby rezoned from C-1 and RM to PS:
Page 5006
The westerly 80 feet from the centerline of Stamford and the
253 feet southerly from the centerline of seven Mile Road in
the Northeast i/4 of Section 9,
and Petition No. Z-518 is herby approved as above; and the City Attorney
is herein instructed to prepare an ordinance amending Ordinance No. 60 in
accordance with this resolution.
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
#713-61 RESOLVED that, having considered the report and recommendation of
the City Planning Commission, dated September 28, 1961, in regard to Petition
No. Z-519, initiated by the City Planning Commission to determine whether
or not to amend Section 20.01 of Article 20.00 of the Zoning Ordinance of the
City of Livonia by reeuirin; notices to be mailed to all abutting or adjoin-
ing property owners in all zoning petitions, the Council does hereby concur
in the recommendation of the City Planning Commission and Petition No. Z-519
is hereby granted; and the Department of Law is herein instructed to prepare
an ordinance amending Ordinance No. 60 in accordance with this resolution.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#714-61 RESOLVED that, having considered the report and recommendation of
the City Planning Commission, dated September 26, 1961, in regard to Petition
No. Z-520, initiated by the City Council for change of zoning in the south-
west 1/4 of Section 24 from R-1-A to PS, the Council does hereby table
consideration of this matter until the report and recommendation is received
from the City PlanninL Commission as is requested in resolution #715-61.
By Councilman Kleinert, seconded by Councilman Grant and unanimously
adopted, it was
#715-61 RESOLVED that, the Council does hereby request that the City
Planning Commission establish and conduct a public hearing to determine
whether or not the following property:
Beginning at a point distance due south 1276.25 feet along the
west line of Section 24 from the west 1/4 oorner of said Section
24 and proceeding thence S. 89° 31' 28" E., 360.64 feet; thence
S. 00 28' 32" W., ) 1 )i.47 feet; thence S. 890 01' 03" W., 356.99 feet;
thence due North along the west line of said Section 24, 453.57 feet
to the point of beginning, coi, ;rising 3.698 gross acres, more or less;
shall be rezoned from R-1-A to C-1, and to thereafter submit its report and
recommendation therewith to the City Council for its consideration.
tio By Councilman McCann, seconded by Councilman Kleinert and unanimously
adopted, it was
Page 5007
#716-61 RESOLVED that, having considered the report and recommendation
lis of the City Planning Commission, dated September 28, 1961, with regard to
Petition No. V-60, submitted by George Hanses for vacating of the alley
located approximately 100 feet south of and parallel to Seven Mile Road,
running easterly and westerly oetween Stamford ana Myron, Seven Mile
euperhi.ghway Subdivisirn, situated in the Northeast 1/4 of Section 9,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, the Council
does hereby grant the said petition and Petition No. V-60 is hereby approved,
subject, however, to a twenty (20) foot easement being created; and the
Department of Law is requested to prepare the necessary vacating ordinance
in accordance with this resolution.
By Councilman Grant, seconded by Councilman McCann and unanimously
adopted, it was
#717-61 RESOLVED that, the communication dated September 29, 1961, from
Irving A.Fishman, President of Municipal Publishers Corporation, regard-
ing the possibility of codifying the ordinances of the City of Livonia,
is hereby referred to the Legislative Comm ttee of the Council, and also
to the Department of Law for its respective reports and recommendations
in connection therewith.
Councilman McCann introduced the following Ordinance by title only:
tow AN ORDINANCE AMENDING JSCT'TON 14 OF ORDINANCE
NO. 216, KNOWN "S THe "FINANCIAL ORDINANCE."
THE CITY OF LIVONIA ORDAINS:
eection 1. Section 14 of Ordinance No. 216, Known as the "Financial
Ordinance," is hereby amended to read as follows:
Section 14.
(a) Payment of Claims. All voucher ; shall be prepared and
certified and one copy shall be left in the office of the City
Treasurer as his permanent record of his authority to pay each
claim; provided, however, that where it is impossible to leave
such voucher in the Treasurer 's Office, there shall be deposited
in such office, in lieu thereof, a duly certified list of such
voacners. Payment of such claims shall. be made by warrant on the
proper fund which shall be in the form of a check payable by a
depository bank out of the funds of the City deposited in such
bank and signed in such manner and by such oflicers as the
Council may determine by resolution.
(b) Approval of General eayrol1. In addition to any other
approvals heretofore required, ani before payment shall be made,
the general payroll of the City shall have endorsed thereon
(1) the approval of the Budget Director that sufficient monies
are available in proper budget accounts, and (2) a certification
by the City Clerk that names appearing thereon are the names of
either employees or rfficials of the City of Livonia. For the
Page 5008
the purposes of tJus subsecti. n, the tern "general payroll" shall
mean that monthly paL. roll upon which appears the names of City
personnel other than classified employees.
section 2. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to cd_ve this ordinance full force and
effect,
se ction 3. should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affectinp• 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 .
By Councilman Kleinert, seconded by Councilman AcCann, it was
#718-61 REXLVED that, resolution #639-61, adopted on September 18, 1961,
is her by amended so as to provide also that interest on annual installments
from benefited properties within s ecial. Assessment iJistricts No. 13, N0.34
and No. 15 shall not comnence until August 1, 1962, and all other resolutions
or parts of resolutions in conflict herewith are hereby amended only to the
extent necessary- to ive this resolution full force and effect; and the
City Treasurer is hereby authorized to do all things reasonably necessary
and incidental to the full performance of this resoluti
A roll call vote was taken on the f ore ong rsoltinn with the following result:
AYE,: McCann, Daughe rty Kle inert, .rant and Salvadore.
NAYS: None.
By Couricif man Daughe rt , seconded by Councilman Grant, it was
#719-61 ReeOLV11) that, having considered the letter dated Jepte rnb e r 18,
1961, from the Aichigan L)tatk. highway Department to the Chief City algineer,
regarding its Project No. Mb 82121C, C2-U, the Counil does hereby agree to
partidpate in the cost of work to be performed on the eastbound M-102 west
of the centerline of Inkster Road in the City of Livonia, such participation
to ee in the amount of 480).,.?5; and payment of such sum is hereby authorized
to be made to the Michigan state Bi.f4-1way Department; and for this purpose
the aforementioned sum is hereby transferred from the Working Capital
Account 362 to Road Improvement Account 361-10; and the City Clerk and
City Treasurer are hereby author zed to do all things necessary or in-
cidental to the full performance of this resolution.
A roll call vote was taken on the fore!,_oing, resolution with the following result:
AYEle; McCann, Daupterty, Zeinert, Grant and salvadore.
161. NAY.e; None.
Page 5009
By Councilman Kleinert, seconded by Councilman Grant, it Wr-13
#72n-61 RLOLVD that, having cons dered the report and recommendation
from the Board of County Read Commissioners, dated .Deptember 28, 1961, pre-
viously requested b resolution #611-61, the Council does hereby authorize
the City of Livonia to share in the cost of installing a traffic signal at
the intersection of ,-,ever, Mile Road and Lathers in the City of Livonia, to
the extent of $710.00, and for this purpose such sum is hereby transferred
from the \Tork-ini.: Capital Account -2,62 to Traffic Control Account 236-58, and
the Board. of County Road Commissioners is hereby requested to install such
traffic signal at the aforementioned location as soon as is reasonably
possible; and the City Clerk and City Treasurer are herein authorized to
do all things reasonably necessary or incidental to the full performance
of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYE : McCann, Daugherty, Kleinert, Grant and jalvadore.
NAYS; None.
The establishment of the Budget Hearing was removed from the agenda to the
next meeting.
The report of the Municipal Court for the month of eeptember, 1901, was
received and placed on file.
The letter from Genevieve A. Sherwood, et al, of 11395 Cardwell, regarding
the Cardwell Avenue paving, was removed from the agenda to the next study meeting.
By Councilman Kleine rL, seconded by Council man McCann and unanimously
adopted, it was
#721-61 R_ OLV ,D that, having considered the report and recommendation
of the Director of Public eafety, dated September 27, 1961, addressed to
the Liquor Control Commission, the Council doee herebr deny the request of
one Eu,gene L.Fulice for a Special Permit for the service of food after
hours at 32826 Five Mile Road, Livonia, Michigan.
By Councilman McCann, seconded by Councilman Grant, it was
#722-61 REeOLJED that, having considered the recommendation dated
October 6, 1961., from Tarapata-McMahon Associates, Inc., Architects,
the Council does hereby accept the bid of Remington-Rand for suplying
the City with bookstacks and filing eouipment for the price of $3,089.60
(45 days delivery), such having been in fact the lowest bid received for
these items, and that the acceptance of this bid is conditioned on the
written concurrence of the Director of Public dories.
A roll call vote was taken on the foregoing resolution with the following result:
Page 5010
AY 3: McCann, Daugherty, Kleinert, Grant and ,:al.vadore.
NAYS: None.
By Co.mei'man Kleinert, seconded by Councilman Grant, it was
RL._)OLVii' that, having considered the request of theigineering
Division, dated October 9, 1961, the Council does hereby approve of such
request for additional funds to acquire rights- f--way for Livonia Drain
#L., referred to in the aforesaid letter.
The Vice President relinquished the chair to Councilman McCann at 10:55 P. M.
A roll call vote was taken on the fore:;oi ng resol uti on with the following result:
AYES: Kleinert and Grant.
NAYS: ,:Daugherty, Jalvadore and McCann.
*Councilman Daugherty requested that the following statement be included in the
minutes: I vote No because the City Council is asked to make an expenditure of
$3,000.00 on a verbal report submitted to the Council at 11:00 P. M., the night of
the Council meeting, without approval by the Mayor, without a written report to the
Council or a map of the area concerned available for inspection or study by the
Council.
The Chairman declared the resol uti on denied.
The Vice President resumed the chair at 10:58 P. M.
On motion of Councilman Grant, seconded by Councilman McCann and
unanimously adopted, this 345th regular meeting of the Council of the City of
Livonia was duly adjourned at 11:Ou P. M., October 9, 1y61 .
Ma , ,W. Clark, City Clerk