HomeMy WebLinkAboutCOUNCIL MINUTES 1961-03-27 Page 4743
MINUTES OF THE THREE HUNDRED THIRTY- FIRST REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On March 27, 1961, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President of the Council at
approximately 8:32 P. M. Councilman McCann delivered the invocation. Roll was
called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty,
William N. Ponder, Rudolf R.Kleinert, Austin T. Grant, Jack Salvadore and James R.
McCann. Absent-- None.
By Councilman Kleinert, seconded by Councilman Salvadore and unanimously
adopted, it was
#182-61 RESOLVED that, the minutes of the 330th regular meeting of the
Council of the City of Livonia held March 13, 1961, and the 60th special
meeting held March 22, 1961, are hereby approved.
By Councilman Daugherty, seconded by Councilman Grant and unanimously
adopted, it was
#183-61 RESOLVED that, having considered the communication of March 8,
1961, from the Mayor transmitting to the Council a certain instrument,
the Council does hereby refer the Statement of Understanding Between the
Detroit Chapter American Red Cross and the City of Livonia Regarding
Responsibilities in Natural Disaster to the Department of Law for its
review and recommendation.
Marie W. Clark, City Clerk, presented a message from the Mayor, dated
March 27, 1961, vetoing Ordinance No. 334, which was considered by the Council for
action at a later time in this meeting.
By Councilman Salvadore, seconded by Councilman Grant and unanimously
adopted, it was
#184-61 RESOLVED that, having considered the letter from the Mayor
dated March 15, 1961, and the attached communication from the National
Rivers and Harbors Congress, dated February 2, 1961, the Council does
hereby request that the Mayor appoint as delegates to the said Congress,
each of the members of the City Council and that the Mayor is also re-
quested to appoint, in a priority order, seven (7) other alternate
delegates of his own choosing, and any member of the City Council who
finds himself unable to attend the said Congress will notify the Mayor
of such fact no later than 5 o'clock, Friday, April 14, 1961, in order
that the s aid alternates can be notified.
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By Councilman Grant, seconded by Councilman Daugherty and unanimously
adopted, it was
#185-61 RESOLVED that, having considered the communication from Clarence-
ville Public Schools dated January 29, 1960, and the report and recommend-
ation of the Director of Public Safety, dated February 28, 1961, approved
of by the Mayor, the Council does herein authorize and request the City
Clerk to make application to The Detroit Edison Company, on forms provided
by such company, for the installation of a street lamp of suitable lumen
strength to be installed at the intersection of Seven Mile Road and
Lathers Street in the City of Livonia, it being the determination of the
Council that such intersection requires lighting in order to protect the
public safety of the residents of this community.
By Councilman Ponder, seconded by Councilman Grant, it was
#186-61 RESOLVED that,+ having considered the offer from the owners of
Lots No. 283 and No. 284 of Garden Grove Subdivision, a part of the North-
west 1/4 of Section 10 in the City of Livonia, Michigan, T. 1 S., R. 9 E.,
the Council does hereby authorize the Department of Law to negotiate for
the purchase of these lots for the sum of $4,000.00 cash; and the Depart-
ment of Law is herein authorized to do all other things necessary or in-
cidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Salvadore, McCann, Daugherty, Ponder, Kleinert, Grant and Bagnall.
NAYS: None.
An Ordinance Amending Sections 12 and 14 of the Zoning Map of the City of
Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as
amended, of the City of Livonia, by Adding Thereto Sections 3.291 and 3.292, intro-
duced by Councilman Kleinert on March 13, 1961, was taken from the table and given
its second reading by title only, and a roll call vote conducted thereon with the
following result:
AYES: Salvadore, McCann, Daugherty, Ponder, Kleinert, Grant and Bagnall.
NAYS: None.
The President declared the Ordinance duly adopted and would become effective on
publication.
imr An Ordinance Amending Section 22 of the Zoning Map of the City of Livonia,
and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of
Page 4745
the City of Livonia, by Adding Thereto Section 3.293, introduced by Councilman
Daugherty on March 13, 1961, was taken from the table and given its second reading
by title only, and a roll call vote conducted thereon with the following result:
AYES: Salvadore, McCann, Daugherty, Ponder, Kleinert, Grant and Bagnall.
NAYS: None,
The President declared the Ordinance duly adopted and would become effective on
publication.
An Ordinance Vacating Portions of Street, Alley and Public Ground,
(Petition V-58) introduced by Councilman Kleinert on March 13, 1961, was taken from
the table and given its second reading by title only, and a roll call vote conducted
thereon with the following result:
AYES: Salvadore, McCann, Daugherty, Ponder, Kleinert, Grant and Bagnall.
NAYS: None.
The President declared the Ordinance duly adopted and would become effective on
publication.
By Councilman Grant, seconded by Councilman Salvadore and unanimously
adopted, it was
#187-61 RESOLVED that, the Council having adopted resolution #201-60,
at its regular meeting held on April 25, 1960, and resolution #126-61, at
its regular meeting of February 27, 1961, requiring the City Engineer to
ascertain the assessed valuation of all property affected by the proposed
improvement of installing paving and necessary drainage on Cardwell Street
between Plymouth Road and West Chicago in the Northeast l/4 of Section 36
in the City of L4.vonia, the number of parcels which show tax delinquencies,
the number of parcels owned by public authorities, the number of parcels
which are vacant, and to prepare or cause to be prepared plans and specifi-
cations therefor and an estimate for 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
proposed special assessment district, and it appearing to the Council that
all of such information, estimate, plans and specifications and recommend-
ations have been properly filed by the City Engineer with the City Clerk
under date of March 27, 1961, and that there has been a full compliance
with the provisions of Section 6 of Ordinance No. 31, as amended, entitled
"An Ordinance to Provide for the Making of Public Improvements, Defraying
Page 47146
the Expense Thereof by Special Assessment and a Special Assessment Pro-
cedure," the Council does hereby set Wednesday, April 12, 1961, at 8:00
o'clock p. m., as the date and time for a public hearing on such proposed
improvement, which public hearing shall be held before the Council in the
City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Sections 8
and 9 of said Ordinance No. 31, as amended, and the City Clerk is hereby
authorized to give notice and publication of such hearing as is required
by Section 7 of said Ordinance.
With the consent of all members, the Council departed from the regular
order of business to take up the matter of the Patter Drain.
By Councilman Salvadore, seconded by Councilman Daugherty, it was
#188-61 RESOLVED that, the Council does herein determine that it is
necessary to locate, establish, construct, and enclose that portion of
the Patter Drain as the same extends through Koloff's Greenbrier Meadows
Subdivision, Koloff's Greenbrier Meadows Subdivision No. 2 and Koloff's
Greenbrier Meadows Subdivision No. 3, situated in the Northwest 1/14 of
Section 21 in the City of Livonia, Wayne County,Michigan, T.1 S., R.9 E.,
and the Council does herein also determine that such project shall be
constructed and financed under the provisions of Chapter 20 of Act 40,
of Public Acts of 1956, as amended, and that the entire cost of such
project will be assessed at large against the City except that portion
representing drainage benefits to public highways of the State or County
of Wayne, and the Office of the Wayne County Drain Commissioner is hereby
requested to prepare and submit to this Council all necessary and proper
resolutions and petitions required by the aforementioned Act in connection
with the proposed project as soon as is possible in order that the same
may be properly adopted and executed; and the City Clerk is hereby re-
quested to immediately transmit certified copies of this resolution to
the Office of the Wayne County Drain Commissi oner and the legal firm of
Miller, Canfield, Paddock and Stone.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Daugherty, Ponder, Kleinert, Grant and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#189-61 RESOLVED that, the Council does hereby refer to the Office of the
City Engineer the problem of the Patter Drain as the same refers to Koloff's
Greenbrier Meadows Subdivisions No. 1, 2 and 3, and the engineer is re-
quested to submit to the Council his report and recommendations for neces-
sary correction of the interim problem as well as the necessary permanent
correction of the drain.
By Councilman McCann, seconded by Councilman Salvadore, it was
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#190-61 RESOLVED that, having considered the report and recommendation
of the City Planning Commission, dated March 15, 1961, in regard to
Petition No. Z-481, initiated by the City Planning Commission pursuant to
Council resolution #634-60, for change of zoning classification from C-1,
C-2 and PS, to R-1 A, on property situated adjacent to Five Mile Road in
the Northeast 1/4 of Section 19 Southeast i/4 of Section 18, Southwest
1/4 of Section 17, Southeast 1/4 of Section 17, and the Northeast 1/4 of
Section 20, the Council does hereby request the City Planning Commissi on
to review the existing commercial zoning adjacent to Five Mile Road from
Farmington Road west and to thereafter submit its new recommendations
for locating such commercial property in the most uniform, orderly, and
desirable manner.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Daugherty and Ponder.
NAYS: Kleinert, Grant and Bagnall.
The President declared the resolution adopted.
At 9:32 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.
Petition No. Z-484 (a) was removed from the agenda to the next study
meeting of the Council, April 5, 1961.
By Councilman Ponder, seconded by Councilman Salvadore and unanimously
adopted, it was
#191-61 RESOLVED that,pursuant to the report and recommendation of the
City Planning Commission, dated March 15, 1961, in regard to Petition
No. Z-492, initiated by the Planning Commission to change the zoning
classification of certain property located on the north side of Five
Mile Road approximately 1050 feet east of Merriman Road in the South-
west i/4 of Section 14 from C-2 to R-1 A, the Council does hereby approve
of said Petition No. Z-492 and the same is hereby granted; and the Depart-
ment of Law is requested to prepare an ordinance amending Ordinance No. 60
in accordance with this resolution.
By Councilman McCann, seconded by Councilman Salvadore and unanimously
adopted, it was
#192-61 RESOLVED that, having considered the report and recommendation
of the City Planning Commission, dated March 15, 1961, regarding Petition
No. Z-496,initiated by the City Planning Commission to determine whether
or not the zoning map should be amended to change the zoning classification
of properties situated in Sections 4 through 9, inclusive, and Sections 16,
17, 18, 20 and 21 from R-1-A to ISI, the Council does hereby approve of
Page 4748
said Petition No. 2-496 and the same is hereby granted; and the Department
of Law is requested to prepare an ordinance amending Ordinance No. 60 in
accordance with this resolution.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#193-61 RESOLVED that, having considered the report and recommendation
of the City Planning Commission, dated March 16, 1961, regarding Petition
No. Z-498, initiated by the City Planning Commission to determine whether
or not Section 4.45 of Ordinance No. 60 should be amended, the Council
does hereby approve of the said Petition No. Z-498 and the same is hereby
granted; and the Department of Law is directed to prepare an ordinance
amending Ordinance No. 60 in accordance with this resolution.
By Councilman Grant, seconded by Councilman McCann and unanimously
adopted, it was
#194-61 RE&LVED that, having considered the report and recommendation
of the City Planning Commission, dated March 22, 1961, in regard to
Petition No. Z-489, submitted by Kenneth Ockerman for change of zoning
in the Southwest 1/4 of Section 22 from RUFB to P-1, the Council does
hereby approve of said Petition No. 2-489 and the same is hereby granted;
and the Department of Law is requested to prepare an ordinance amending
Ordinance No. 60 in accordance with this resolution.
By Councilman Salvadore, seconded by Councilman McCann, it was
#195-61 RESOLVED that, having considered the letter dated March 19, 1961,
from Mr. Edward Jezewski, President, Wayne County Parents Association for
Retarded Children, the Council does hereby authorize the City Clerk to
waive, in this single instance, the 40.00 license fee that ordinarily
would be charged to this organization for the conducting of its wrestling
match on April 8, 1961, it being the belief of the Council that the afore-
mentioned organization is a non-profit association and that the proceeds
of this activity will be contributed to a charitable cause.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Salvadore, McCann, Daugherty, Ponder, Kleinert, Grant and Bagnall.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Grant, it was
#196-61 RESOLVED that, having considered the petition of the rouge
Building Company submitted by Stephan F. Slavik, President, received
February 22, 1961, and in accordance with the provisions of Act 73 of
the Public Acts of 1959, the Council does hereby approve of dividing
Outlot A of Burton Hollow Estates Subdivision, a part of the Northeast
1/4 of Section 16, City of Livonia, Wayne County, Michigan, T. 1 S.,
R. 9 E., into four (4) lots in accordance with the sketch dated April 19,
Page 4749
1960, and attached to the petition; and the City Clerk is requested to
cause a certified copy of this resolution to be recorded in the Office
of the Wayne County Register of Deeds.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, Ponder, Kleinert, Grant and Bagnall.
NAYS: McCann and Daugherty.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
#197-61 RESOLVED that, having considered the report and recommendation
of the Director of Public Works, dated March 27, 1961, approved of by the
Mayor and Budget Director, and the report attached thereto of Tarapata-
MacMahon Associates, Inc., dated March 24, 1961, regarding the bids re-
ceived for the construction of a public library building, the Council
does hereby accept the following bids:
1. The bid of Wallace Construction Company, 30550 West Eight Mile
Road, Farmington, Michigan, in the amount of $116,381.00 less
$4,520.00 for deletions from Contract by Change Order G. C. #1;
net bid - $111,861.00;
2. The bid of Mechanical Heat & Cold, Inc., 12320 Hamilton Avenue,
Detroit 3, Michigan, in the amount of $39,600.00 less $1,030.00
for deletions from Contract by Change Order M. #1; net bid -
$38,570.00; and
3. The bid of southeastern Electric Company, Inc., 7040 Farnsworth
Detroit, Michigan, in the amount of $17,331.00 less $968.00 for
deletions from Contract by Change Order E.#1; net bid - $16,363.00;
such bids having been the lowest respective bids received for construction
of the proposed public library building; and the Mayor and City Clerk are
hereby authorized to execute a contract (excluding work deleted by Change
Orders G. C. #1, M. #1, and E. #1) for and on behalf of the City of Livonia
with each of the above named contractors arra to do all other things neces-
sary or incidental to the full performance of this resolution, and the City
Clerk is also authorized to return bid bonds to all bidders entitled to
such returns.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Daugherty, Ponder, Kleinert, Grant and Bagnall.
NAYS: None.
By Councilman Ponder, seconded by Councilman McCann, it was
#198-61 RESOLVED that, having considered the request from Municipal Judge
Robert H. Lorion, dated March 9, 1961, the Council does hereby transfer
Page 4750
from the Working Capital Fund of the Capital Improvement Program to the
Municipal Court Account, Personal Services, the sum of $2,400.00 for the
purpose of permitting the employment of an additional Junior Clerk Typist
in the Municipal Court.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Daugherty, Ponder, Kleinert, Grant and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Grant and unanimously
adopted, it was
#199-61 RESOLVED that, having considered the request from the City Plan-
ning Commission by City Planner, dated February 23, 1961, approved by the
Mayor, the Council does hereby acknowledge its understanding that there
will be replaced in the City Planning Office a Senior Clerk Typist for
the present and existing Junior Clerk Typist classification.
By Councilman Salvadore, seconded by Councilman Grant, it was
RESOLVED that, the compensation for the Chief Inspector be
tabled to the next study meeting of the Council.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Salvadore, Grant and Bagnall.
NAYS: McCann, Daugherty, Ponder and Kleinert.
The Presidentdrelared the resolution denied.
By Councilman Daugherty, seconded by Councilman Kleinert, it was
#200-61 RESOLVED that, having considered the recommendation of the Civil
Service Commission, dated March 17, 1961, relative to an adjustment of
compensation for Chief Inspector of the Bureau of Inspection, the Council
does hereby table consideration of this matter until some time after
June 15 and b efore July 15, 1961.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Ponder, Kleinert and Bagnall.
NAYS: Salvadore and Grant.
The President declared the resolution adopted.
The letter dated March 17, 1961, from the Civil Service Commission regard-
ing salaries for Civil Engineer V, Project Supervisor IV, and Personnel Director,
was received and placed on file.
Page 1751
By Councilman Grant, seconded by Councilman Ponder and unanimously
adopted, it was
#201-61 RESOLVED that, the letter dated .March 13, 1961, from the Depart-
ment of Law and the proposed amendment to Ordinance No. 0 attached thereto,
are hereby referred to the Legislative Committee of the Council for its
review and recommendation.
By Councilman Salvadore, aeconded by Councilman Ponder and unanimously
adopted, it was
#202-61 RESOLVED that, having considered the letter and request dated
March 8, 1961, from Mrs. Alfred Byrnes, Safety Chairman for Emerson Junior
High School, the Council respectfully finds that it must defer any con-
sideration at this time relative to the installation of sidewalks along the
north side of West Chicago between Emerson Junior High and Middlebelt Road;
as a basis for this action the Council will take this means to inform the
writer:
that there are many imperative situations existing throughout
the City of Livonia (Bryant and Coolidge Elementary Schools);
that the limited funds available require our attention to the
most imperative of these situations; and
that in this case there is an existing sidewalk on the south
side of West Chicago which can be used by children with only
a slight inconvenience.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#203-61 RESOLVED that, having considered the report of the Director of
Public Safety dated March 21, 1961, approved of by the Mayor, regarding
the request of Mr. Charles S. Urquhart for the issuance of a new SDD
license, the Council does hereby determine not to make any recommendation
in regard to this subject, it having been informed that its recommendation
is not a requirement of law.
By Councilman Daugherty, seconded by Councilman Salvadore, it was
RESOLVED that, consideration of the SDD license at 33618 Plymouth
Road be tabled.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, Daugherty and Ponder.
NAYS: McCann, Kleinert, Grant and Bagnall.
The President declared the foregoing resolution denied.
A roll call vote was taken on resolution #203-61 with the following result:
Page 4752
AYES: Salvadore, McCann, Ponder, Kleinert and Bagnall.
NAYS: Daugherty and Grant.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman McCann, it was
RESOLVED that, the Council does hereby determine that it shall
not engage nor authorize engaging the services of any consulting engineer
whose services are or will be rendered in a private capacity on other
work being performed or carried on within the limits of the City of Livonia
at the initiation of his contract or during his period of employment, it
being the belief of the City Council that the policy set out above is in
the best interest of the City.
By Councilman Ponder, seconded by Councilman Grant, it was
RESOLVED that, the foregoing resolution be amended to include
"in either a private or public capacity on other work being performed
or carried on within the limits of the area covered by his contract."
A roll call vote was taken on the amendment with the following result:
AYES: Ponder, Grant and Bagnall.
NAYS: Salvadore, McCann, Daugherty and Kleinert.
The President declared the amendment denied.
The President relinquished the chair at 10:30 P. M., to speak on the motion,
and resumed the chair at 10:36 P. M.
A roll call vote was taken on the original resoluti on with the following result:
AYES: Salvadore, McCann and Daugherty.
NAYS: Ponder, Kleinert, Grant and Bagnall.
The President declared the resolution denied.
The report of the Municipal Court for the month of February, 1961, was
received and placed on file.
By Councilman Grant, seconded by Councilman Salvadore and unanimously
adopted, it was
#204-61 RESOLVED that, having considered the letter received March 27,
1961, from the Michigan Liquor Control Commission, and the recommendation
dated March 27, 1961, from the Director of Puolic Safety, approved of by
the Mayor, the Council hereby approves the request from Jiffee Food Marts,
Inc., for a new SSI license at 34899 Plymouth Road, Livonia, Michigan.
Page 4753
By Councilman Daugherty, seconded by Councilman McCann, it was
#205-61 RESOLVED that, the Council, having considered the veto of the
Mayor dated March 24, 1961, which vetoed Ordinance No. 334, adopted by
the Council at its regular meeting held March 13, 1961, does hereby re-
adopt Ordinance No. 331, pursuant to the provisions of Section 211,
Chapter IV of the City Charter.
A roll call vote was taken on the foregoing resolution with the following results
AYES: McCann, Daugherty, Ponder and Bagnall.
NAYS: Salvadore, Kleinert and Grant.
The Fresident declared that although the foregoing resolution was adopted, the Mayor's
veto of Ordinance No. 334 is upheld because of lack of five affirmative votes.
By Councilman Kleinert, seconded by Councilman Grant, it was
#206-61 RESOLVED that, pursuant to the report and recommendation dated
March 13, 1961, from the Superintendent of Parks & Recreation, approved of
by the Vice-Chairman of the Parks & Recreation Commission and the Mayor,
the Council does hereby accept tbe bid of Tennyson Chevrolet32570 Plymouth
Road, Livonia, Michigan, for supplying the City of Livonia with one (1)
4-door station wagon at the submitted bid price of $2,216.63.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Ponder, Kleinert, Grant and Bagnall.
NAYS: Salvadore, McCann and Daugherty.
The President declared the resolution adopted.
By Councilman Grant, seconded by Councilman Salvadore, it was
#207-61 RESOLVED that, pursuant to the report and recommendation dated
March 24, 1961, from the Superintendent of Parks & Recreation, approved
of by the Mayor, the Council does hereby accept the following bids for
Baseball Equipments
Item Amount Bidder Price Total
BATS:
Hanna WTAS 5 doz. Jahn's $29.00 $ 145.00
Hanna WTAS-G 5 doz. Jahn's 40.00 200.00
Hanna LLF 50 doz. General Sport 15.97 798.50
Hanna LLF-G 25 doz. General Sport 25.97 649.25
BALLS:
Rawlings 25CC 120 doz. Southgate 8.95 1,074.00
Rawlings 60cc 75 doz. Southgate 13.95 1,046.25
Rawlings 18 doz. Eastside Sport 8.00 144.00
Page 4754
Item Amount Bidder Price Total
CATCHERS EQUIPMENT:
Spaulding Glove 6 each Eastside Sport $10.80 $ 64.80
Rawlings Mask 6 each Eastside Sport 7.45 44.70
Wilson Chest Protector 6 each Jahn's 5.90 35.40
Wilson Shin Guards 6 pair Jahn's 7.90 47.40
Rawlings Mask (Softball) 12 each Eastside Sport 2.1.0 28.80
Rawlings Head Protector 24 each Blackburn 2.95 49.20
Total $4,327.30
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Daugherty, Ponder, Kleinert, Grant and Bagnall.
NAYS: None.
On motion of Councilman Ponder, seconded by Councilman Kleinert and
unanimously adopted, this 331st regular meeting of the Council of the City of
Livonia was duly adjourned at 11:01 P. M., March 27, 1961.
/ ///
Marla W. Clark, City Clerk