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HomeMy WebLinkAboutCOUNCIL MINUTES 1961-12-11 Page 5107 MINUTES OF THE THREE HUNDRED FIFTY-SECOND REGULAR MEETING OF THE COUNCIL OF TdE CITY OF LIVONIA On December 11, 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 8:38 P. M. Councilman Kleinert 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 and James R. McCann. Absent-- *Jack Salvadore. By Councilman Ponder, seconded by Councilman Kleinert and unanimously adopted, it was #867-61 RESOLVED that, the minutes of the 351st regular meeting of the Council of the City of Livonia, held December 4, 1961, are hereby approved. By Councilman Daugherty, seconded by Councilman Kleinert, it was #868-61 RESOLVED that, having considered the letter dated November 28, 1961 from Angelo DiPonio requesting the extension of a sanitary sewer on Merriman Road north of the C & 0 Railroad tracks, the Council does hereby supplement its resolution #847-61, adopted on December 4, 1961, so as to include within the proposed sanitary sewer project described in such resolution, an additional sewer line on Merriman Road as shown on the map prepared by the Engineering Division and dated November 17, 1961; and the City Clerk is hereby requested to forward a certified copy of this resolution together with said map to the Board of County Road Commissioners of Wayne County, and also to Miller, Canfield, Paddock and Stone, bonding counsel. A roll call vote was taken on the foregoing resolution with the following results AYES: Ponder, Kleinert, Grant, McCann, Daugherty and Bagnall. NAYS: None. *Councilman Jack Salvadore arrived at 8:45 P. M. By Councilman Ponder, seconded by Councilman Grant, it was RESOLVED that, the Council does herein determine that it is necessary to locate, establish and construct enclosed drains in the Southeast 1/4 of Section 2 of the City of Livonia, T. 1 S., Ry 9 E., Wayne County, Michigan; the description of the project is as follows: An enclosure in Melvin Avenue and Melvin Avenue extended from the Tarabusi Creek to Seven Mile Road, thence easterly in Seven Mile Road approximately 50 feet, thence northerly adjacent Page 5108 to the east line of Melvin Avenue extended to St. Martins Street with an arm in St. Martins Street extending easterly approximately 350 feet to the North Branch of the Bell Creek and an arm in St. Martins Street extending westerly to Purlingbrook Street and the Branch of the North Branch of the Bell Creek. An enclosure commencing at the Branch of the North Branch of the Bell Creek in Middlebelt Road and proceeding thence northwesterly in the drainag easement in the Sunset Hills Subdivision to a point approximately 650 feet west of the centerline of Middlebelt Road and the north line of the Sunset Hills Subdivision, thence north to Clarita Avenue, thence west in Clarita Avenue to the Branch of the North Branch of the Bell Creek; the estimated cost of such project is $ 770,000.00 and the plan prepared by Hubbell, Roth (Sc Clark, Inc., dated November 7, 1961, and entitled "Proposed Melvin Outlet Project" is hereby made a part of this resolution by this reference, 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 the 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 pub lie 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 conne ction with the proposed project in order that the same may be properly reviewed and considered by the City Council and thereafter adopted and executed, and the City Clerk is hereby requested to immediately trans- mit certified copies of this resolution together with the plan referred to herein to the Office of the Wayne County Drain Commissioner and the legal firm of Miller, Canfield, Paddock and Stone, all subject, however, to the condition that the Council not take any further action in establish- ing said dis trio t until such time as Mr. Klein sha 11 submit to the Council concrete evidence that such shopping center is capable of producing taxable revenue to the City in an amount necessary to retire the necessary bond issue in connection therewith. The President relinquished the chair to the Vice President at 8:52 P. M., to speak on the motion and resumed the chair at 8:55 P. M. By Councilman Salvadore, seconded by Councilman Daugherty, it was #869-61 RESOLVED that, the request of George R. Klein for enclosing certain drains in the Southeast 1/4 of Section 2 be tabled and the Engineering Division requested for a report and recommendation thereon. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Salvadore, McCann, Daugherty and Bagnall. NAYS: Ponder and Grant. The President declared the resolution adopted. Page 5109 The President relinquished the chair to the Vice President at 9:23 P. M. By Councilman Bagnall, seconded by Councilman Daugherty and unanimously adopted, it was #870-61 RESOLVED that, the Budget Director is hereby requested to pre- pare and submit to the Council a report and summary indicating the fo llowing: 1) an estimate of future principal and interest debt requirements which will become due on an annual basis over the period of com- mitted municipal bond obligations; and 2) an estimated projection on an annual basis of total valuation figures for the City; and 3) an estimate of the millage that will be required annually in the future to retire such bond indebtedness on the basis of such estimated assessed valuations. By Councilman Bagnall, conded by Councilman McCann and unanimously adopted, it was #871-61 RESOLVED that, the matter referred to in the Klein & Shenkman letter dated November 6, 1961, relative to the enclosing of certain drains located in the Southeast 1/4 of Section 2 be referred to the Engineering Division for a report as to what portion of the cost would be applied to (a) the present completed development; (b) future development; and (c) the proposed shopping center. The President resumed the chair at 9:2, P. Moj at which time a recess was called, after which the meeting resumed with all members present itho were named as present in the original roll call, except Councilman Salvadore who returned at a later time. The President relinquished the chair to Councilman McCann at 9:47 P. M., and was excused. By Councilman Kleinert, seconded by Councilman Ponder, it was #872-61 RESOLVED that, having considered the report of the Department of Law, dated November 28, 1961, the Council does hereby authorize that department to re-negotiate the land contract dated September 5, 1958, by Page 5110 and between the City of Livonia and Joseph R. Leemon, the assignee of the original vendor, Theodore I. Crantz, the re-negotiated contract to extend the remaining term of the contract for an additional five-year period and to include $5,000.00 reduction of the remaining principal obligation as of July 1, 1961, and the Department of Law is hereby requested to do all things necessary or incidental to the full performance of this resolution; and the Mayor and City Clerk are hereby authorized to execute for and on behalf of the City the re-negotiated contract referred to and authorized herein. Councilman Jack Salvadore returned at 9:48 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Kleinert, Grant, Salvadore and McCann. NAYS: Daugherty. The Chairman declared the resolution adopted. By Councilman Ponder, seconded by Councilman Salvadore, it was #873-61 RE3OLVED that, having considered the request dated November 1, 1961, from the Library Commission, and pursuant to Section 18 of Ordinance No. 216, as amended, the Council does hereby authorize the payment of $25.00 per month to be paid to each member of the Library Commission, Traffic Commission, and the Industrial Commission as reimbursement for automobile expenses incurred as a result of City business. Councilman Bagnall returned at 9:49 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Kleinert, Grant, Salvadore, *Bagnall, Daugherty and McCann. NAYS: None. *Councilman Bagnall abstained from voting which is recorded as a Yes vote under the provisions of Ordinance No. 27, as amended. The Chairman declared the resolution adopted. The President resumed the chair at 9:50 P. M. By Councilman Ponder, seconded by Councilman Grant and unanimously adopted, it was #871 -61 RESOLVED that, having considered the report and recommendation of the City Planning Commission, dated December 1, 1961, in regard to Petition No. Z-528 submitted by Charles Allen on behalf of W. & M. Mangold for change of zoning in the Southwest 1/L of Section 1 from RUFB to C-2, the Council does hereby concur with the recommendation of the City Plan- ning Commission and the said Petition No. Z-528 is hereby granted and witn an invitation to ol.iicers of Local 192, AFSC&ME, AFL-CIO to be present and present any additional information pertinent to this matter to the Council; and the members of the Civil Service Commission are requested to be present at this meeting on December 13, 1961. Page 5112 By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #878-61 RESOLVED that, having considered the letter dated November 30, 1961 from the Department of Law regarding a certain proposed park site adjacent to the Grandview School, comprising approximately 5.2.0 acres including parcels 02C31 through and including parcel 02C)40, the Council does hereby request the Assessing Department for a report indicating: 1) the present assessed value of such property; and 2) a fair market value appraisal of such property. By Councilman McCann, seconded by Councilman Ponder, it was #879-61 RESOLVED that, having considered the report and recommendation dated November 22, 1961 from the Director of Public Safety, approved by the Mayor and Budget Director, the Council does hereby accept the bids of: 1) Bill Brown Sales, Inc., 32222 Plymouth Road, Livonia, Michigan, for supplying the City with 6 Marked Vehicles @ $2,280.8)4 each - $13,685.04 3 Unmarked 11 @ 2,18/4.54 " 6,553.62 Li Unmarked " @ 1,981.07 1,981.07 $22,219.73 less 8 Vehicles to be traded in 5_,609.00 Net Total $16,610.73 2) Tennyson Chevrolet, Inc., 32570 Plymouth Roads Livonia,Michigan, for supplying the City with one (1) Pick Up Truck at the submitted bid price of $1,605.00; such bids having been in fact the lowest bids received for these respective items; and for this purpose the Council does hereby- transfer the sum of $216.00 from the Contractual Services Account of the Police Division Budget to the Capital Outlay Account of such Budget. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Kleinert, Grant, Salvadore, McCann, Daugherty and Bagnall. NAYS: None, By Councilman Ponder, seconded by Councilman Grant, it was #880-61 RESOLVED that, all bids for tractor received on November 7, 1961, be and hereby are rejected and the Department of Public dorks is requested to readvertise for new bids for this equipment. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Kleinert, Grant, Salvadore, McCann and Daugherty. NAYS: Bagnall. The President declared the resolution adopted. Page 5113 Councilman Salvadore was excused at 10:16 P. M. By Councilman Grant, seconded by Councilman Daugherty, it was #881-61 RzSOLVDD that, having considered the report and recommendation of the Superintendent of Operations Division, dated November 30, 1961, approved by the Director of Public Works and the Mayor, the Council does hereby accept the bid of Garwood Detroit Truck Equipment, 21083 Mound Road, Warren, Michigan, for supplying the City with one (1) Gar Wood 300-0T-19 Trailer for the submitted price of $4,099.00, such bid having been in fact the lowest bid received for this item; the appropriation for such purchase has been made in the 1960-61 budget. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Kleinert, Grant, McCann, Daugherty and Bagnall . NAYS: None. By Councilman Ponder, seconded by Councilman Kleinert, it was #882-61 RESOLVED that, having considered the report and recommendation of the Superintendent of Operations Division, dated November 29, 1961, approved by the Director of Public Works and the Mayor, the Council does hereby accept the respectively and like bids of the Morton Salt Company, 10335 Flora, Detroit 17, Michigan, and the International Salt Company, Inc., 626 Buhl Building, Detroit 26, Michigan, for supplying the City with Rock Salt at the submitted bid prices of $7.10 per ton, delivered, such having been in fact the lowest bids received for this material; and the Director of Public Works is herein directed to divide the purchases of rock salt as equally as possible between the aforementioned bidders 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: Ponder, Kleinert, Grant, McCann and Bagnal_l. NAYS: Daugherty. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #883-61 RESOLVO) that, the bids for rock salt as contained in the letter of November 29, 1961 from the Department of Public Works, be referred to the Anti-Trust Division of the Department of Justice for consideration as to possible collusion in view of the historical circumstances a) ncerning bids for this item. By Councilman Ponder, seconded by Councilman McCann, it was #884-61 RESOLVED that, having considered the report and recommendation of the Superintendent of Operations Division, dated November 29, 1961, a I ki Li• NAYS: None. The recommendation of the Engineering Division regarding bids on Whitcomb Page 5115 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Kleinert, Grant, McCann, Daugherty and Bagnall. NAYS: None. By Councilman Ponder, seconded by Councilman Kleinert, it was #887-61 RESOLVED that, having considered the report and recommendation of the Chief City Engineer, dated November 29, 1961, approved by the Director of Public Works and the Mayor, the Council does hereby amend Item No. 3 of resolution #545-61, adopted on August 14, 1961, so as to reduce the bond for remaining improvements in Lyndon Meadows Subdivision No. 4 to $10,000.00 of which at least $1,000.00 shall be in cash; and the City Clerk is 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: AYES: Ponder, Kleinert, Gran% McCann, Daugherty and Bagnall. NAYS: None, By Councilman Ponder, seconded by Councilman Kleinert, it was #888-61 RESOLVED that, having considered the report and recommendation of lw. the Chief City Engineer, dated November 29, 1961, approved by the Director of Public Works and the Mayor, the Council does hereby amend Item No. 3 of resolution #792-61, adopted on November 13, 1961, so as toreduce the bond for remaining improvements in Lyndon Meadows Subdivision No. 5 to $51600.00 of which at least $1,000.00 shall be in cash; and the City Clerk is 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: AYES: Ponder, Kleinert, Grant, McCann, Daugherty and Bagnall. NAYS: None. By Councilman Ponder, seconded by Councilman Grant, it was #889-61 RESOLVED that, having considered the report and recommendation of the Director of Public Works, dated July 17, 1961, regarding the ac- quisition of premises at 31145 West Eight Mile Road, Livonia, Michigan, and having also considered the fact that the City has rented such property on a month to month basis, since December 31, 1959, at a rental of $400.00 per month, the Council does hereby authorize the acquisition of such property on land contract for a purchase price of $48,750.00, provided, however, that the total of such previously paid rent shall be entered on such land contract as the down payment, and that the payment of the balance of the purchase price shall be in monthly installments of $400.00 including interest at the rate of 6% per annum on the unpaid balance; and in regard to the above, the Council does hereby incorporate by this reference the communication dated April 22, 1960 from the owner of such property and does Page 5116 hereby execute the option granted therein to the City of Livonia; and the Department of Law is hereby instructed to do all things necessary or in- cidental to the full performance of this resolution, and the Mayor and the City Clerk are herein authorized to affix their signatures to the land contract for and on behalf of the City of Livonia. Councilman Salvadore returned at 10:27 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Kleinert, Grant, Salvadore, McCann, Daugherty and Bagnall. NAYS: None. By Councilman McCann, seconded by Councilman Salvadore, it was #890-61 RESOLVED that,having considered the recommendation of the Parks and Recreation Commission, dated November 18, 1960, the offer from Gordon-Begin Real Estate, Inc., 15944 West McNichols Road, Detroit 35, Michigan, dated April 19, 1961, and the further report and recommendation of the Department of Law, dated October 26, 1961, the Council does hereby authorize the acquisition of the following parcels of property: 1) a parcel of property approximately 7 acres in area in Section 24 and adjacent to the site of the Harrison School, such property to be purchased on land contract for a total purchase price equal- ing $6,500.00 per acre to be paid as follows: down payment of $14,000.00 with the balance of the purchase price to be paid in quarterly installments over a period of ten (10) years, each quarterly payment to be equal to 140th of the said balance plus interest at the rate of 6% per annum on the unpaid balance; and 2) a parcel of property approximately 10 acres in area in Section 24 adjacent to the site of the Adams School, such property to be purchased on land contract for a total purchase price equaling $7,000.00 per acre to be paid as follows: down payment of $10,000.00 with the balance of the purchase price to be paid in quarterly installments over a period of ten (10) years, each quarterly payment to be equal to 1/40th of the said balance plus interest at the rate of 6% per annum on the unpaid balance; and the Department of Law is hereby instructed to prepare land contracts pertaining to the acquisition of the aforesaid properties on the terms indicated herein and submit the same to the Council. A roll call vote was taken on the foregoing resolution with the following results AYES: Ponder, Kleinert, Grant, Salvadore, McCann, Daugherty and Bagnall. NAYS: None. Page 5117 By Councilman Salvadore, seconded by Councilman Daugherty, it was ibm #891-61 RESOLVED that, having considered the report of the Department of Law, dated December 5, 1961, submitted pursuant to resolution #805-61, and having considered also the form of land contract attached thereto which sets out the terms and conditions upon which Lloyd S. Gullen and Annie A. Gullen, his wife, will convey to the City of Livonia certain property known as "Quaker Acres," the Council does hereby approve of and authorize the purchase of the following property: The West 160.0 feet of the East 355.0 feet of the South 290.0 feet of the E. 1/2 of the W. 1/2 of the S. E. 1/4 of Section 4, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, (located at 34004 Seven Mile Road, Livonia, Michigan, and known as "Quaker Acres"); upon all of the terms and conditions provided in the said form of land contract, and for a total purchase price of $23,550.00 to be paid as follows: down payment of $3,550.00 with the balance of $20,000.00 to be paid in monthly installments of not less than $200.00 commencing on January 1, 1962, which monthly payment shall include interest at the rate of 6% per annum on the unpaid balance, with the entire purchase money and interest to be fully paid within eight (8) years from the date of such contract; and the Department of Law is hereby authorized to do all other things necessary or incidental to the full performance of this resolution, and the Mayor and City Clerk are herein authorized to affix their signatures to such land contract for and on behalf of the City of Livonia) and for this purpose the sum of $5,850.00 is hereby transferred from the Middlebelt Road Paving Account of the Capital Improvement Account to the Quaker Acres Account of the Capital Improvement Account. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Grant, Salvadore, McCann and Daugherty. NAYS: Kleinert and Bagnall. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman McCann, it was #892-61 RESOLVED that, the Department of Law is hereby requested to prepare a form of ordinance which would limit the speed of trains traveling through the City of Livonia to 35 mph until such time as proper gates have been erected on all roads which intersect with the railroad right-of-way, and to submit such form of ordinance to the Council for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert,Grant„ Salvadore, McCann, Daugherty and Banal. NAYS: Fonder. The President declared the resolution adopted. Page 5118 By Councilman Kleinert, s econded by Councilman Ponder and unanimously adopted, it was #893-61 RESOLVED that,having considered the verbal report and recom- mendation of the special committee appointed by the Mayor, the Assistant Director of Public Works is hereby requested to prepare and submit a report and recommendation for purchasing or leasing necessary accounting machines and equipment, such machines and equipment to be wired for possible punched tap output, that will enable the Water and Sewer Division to continue its operations using present forms and procedures; pending further study and recommendation as to possible realignment of accounting procedures and the use of improved data recording techniques. The following resolution was offered by Councilman Kleinert and supported by Councilman Daugherty: #894-61 WHEREAS, the City Treasurer has indicated by his December 8, 1961 communication to the Council that the Bank of Livonia and the National Bank of Detroit would be willing to act as collecting agents for the City during the tax collection periods, namely December 1, 1961 to January 19, 1962, for City, School and County taxes, and such service would be performed for the City without charge to the City and individual taxpayer; and WHEREAS, such service would be a great convenience to the tax- paying public; be it RESOLVED that, this Council does hereby approve aid designate the Bank of Livonia and the National Bank of Detroit situated in the City of Livonia as the authorized collecting agents of the City Treasurer for the collection of the taxes during the period each year as above set forth; provided, however, that the collections made by each bank on every day that such collections are made, shall be reported to and accounted for, to the City Treasurer on the next business day by payment of the funds so collected and the delivery of duplicate copies of the receipted tax bills as issued by the banks, on the condition that all such collections shall be done without cost to the City and individual taxpayer; be it further RESOLVED that, such banks are hereby authorized to stamp the Treasurer's name on such tax receipts for and on behalf of said officers; be it further RESOLVED that, the foregoing agency agreement be continued until terminated by either party thereto on giving ten days ' notice to the opposite party at its last known post office address prior to the date the termination is to be eflective; be it further RESOLVED that, the foregoing agency agreement shall not become binding upon the parties hereto until an agreement in writing setting forth the foregoing terms shall be entered into and signed by a responsible officer of the bank as agent and by the City Treasurer for and on behalf of the City.