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HomeMy WebLinkAboutCOUNCIL MINUTES 1958-02-03 Page 3256 MINUTES OF THE TWO HUNDRED THIRTY-FOURTH REGULAR FETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 3, 1958, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:22 P. M., by the Vice President of the Council. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present-- Frank O'Neill, Sydney B.Bagnall, Rudolf R. Kleinert, David L. Jones and Peter A. Ventura. Absent-- *Austin T.Grant, and *John T. Daugherty. By Councilman Kleinert, seconded by Councilman Bagnall, it was #76-58 RESOLVED that, the minutes of the 233rd regular meeting of the Council of the City of Livonia held January 27, 1958, are hereby approved as submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Ventura and O'Neill. NAYS: Jones. The Vice President declared the resolution adopted. The Clerk read a letter dated February 3, 1958 from the Mayor regarding race track revenues, which was received and placed on file. *Councilman Daugherty arrived at 8:27 P. M. By Councilman Bagnall, seconded by Councilman Kleinert, it was RESOLVED that pursuant to the letter from the Water and Sewer Commissioner dated January 23, 1958, and pursuant to the recommendation of Herald F. Hamill, Consulting Engineer, dated December 6, 1957, the balance of $13,141.70 on a contract by and between James H. Clark & Sobs, 19233 Fifteen Mile Road, Mt. Clemens, and the City of Livonia for the construction of water mains, dated November 20, 1956, is hereby released and checks shall be made payable in the following manner: To the City of Livonia and James H Clark & S ons, jointly $444.60 To the Water Department of the City of Livonia and James H.Clark & Sons, jointly 154.60 To B orin Builders & Supply Co., and James H. Clark & Sons, jointly 305.00 To W. E. Phillips Equipment and James H. Clark & S ons, jointly 39.40 Page 3257 To Lynchburg Foundry Company and James H. Clark & Sons, jointly $7,773.18 To East Jordan Iron Company and James H. Clark & Sons, jointly 2,198.09 To Kallman Mason Contractors and James H. Clark & Sons, jointly 260.00 checks in the amounts indicated above and to the parties indicated above shall be transmitted by the City Clerk to the Fidelity and Casualty Co.; and further that the sum of $1,966.83, which sum represents the difference between the above amounts and the balance due on said contract, is hereby released to the said James H. Clark & Sons; and the City Clerk and City Treasurer are herein authorized to do all things necessary to the full performance of this resolution. By Councilman Daugherty, seconded by Councilman Ventura, it was #77-58 RESOLVED that, the matter of acceptance of the 1956 Water Main Extension and final release of James M. Clark Contract be tabled pending a recommendation on this subject from the Water and Sewer Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Jones, Ventura and Kleinert. NAYS: Bagnall and O'Neill. The Vice President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bagnall, it was #79-58 RESOLVED that, a meeting be called between the City Council, the City Attorney, the Mayor and the Water and Sewer Commissioners for the purpose of discussing the duties and responsibilities of the Water and Sewer Commission and establish a policy concerning these duties. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Kleinert, Jones, Ventura and O'Neill. NAYS: Bagnall. The Vice President declared the resolution adopted. *Councilman Grant arrived at 9:11 P. M. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was #79-58 RESOLVED that, a more detailed report be submitted on Sinacola Subdivision by Edwin M. Orr, Consulting Engineer, and that Mr. Orr be present to offer any information on the said forthcoming report. President Grant took the chair at 9:13 P. M., and thereupon presided for the balance of the meeting. Page 3258 The Ordinance entitled "An Ordinance Amending Section 10.02 of Article 10.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Liv mia", introduced by Councilman Bagnall January 27, 1958, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Daugherty, O'Neill, Bagnall, Kleinert, Jones, Ventura and Grant. NAYS: None. The President declared the ordinance duly adopted and will become effective on date of publication. By Councilman Jones, seconded by Councilman Ventura and unanimously adopted, it was #80-58 RESOLVED that, the request of Fred Garchow dated January 22, 1958, wherein he requests that the City accept a dedication of a certain portion of his property, is hereby referred to the Streets and Roads Committee of the Council and also to the Engineering Division of the Department of Public Works for an estimate of the cost of improving such property to county road, specifications. By Councilman Bagnall, seconded by Councilman O'Neill, it was #81-58 RESOLVED that, the Council having considered the communication from the Mayor dated January 23, 1958, previously requested by Council resolution #30-58, the Council does herein request of the Fire Commissions r and Police Commissioner written substantiation justifying the necessity at establishing the positions of Detective Lieutenant in the Police Department and Captain in the Fire Department, together with an organizational chart of their respective departments, and further that no action will be taken on this matter until such information has been submitted to and considered by the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, O'Neill, Bagnall, Kleinert, Ventura and Grant. NAYS: Jones. The President declared the resolution adopted. The Clerk read a letter dated January 29, 1958 from Lybrand, Ross Bros. and Montgomery regarding the Annual Audit. By Councilman Daugherty, seconded by Councilman Bagnall and unaiimously adopted, it was Page 3259 #82-58 RESOLVED that, the letter from Lybrand, Ross Bros. and Mont- gomery, dated January 29, 1958, be published in both local papers and paid for by the City as an advertisement so that the Council can insure the fact that it will be printed in its entirety, the size of said ad. vertisement not to exceed two column, six inch, and that it be given as public information from the City of Livonia. By Councilman Bagnall, seconded by Councilman Jones and unanimously adopted, it was #83-58 RESOLVED that, having considered the Annual Audit (Report on Examination of Financial Statement) prepared by the City Auditor, Lybrand, Ross Bros. and Montgomery for the fiscal year ending November 30, 1957, which report was submitted pursuant to the agreement and contract by and between the City of Livonia and such firm approved of by Council resolution #339-57, the Council does hereby accept and approve of such audit and all of the statements contained therein; and further the Council hereby accepts such audit and report above referred to as representing full compliance of the obligations assumed by the above named firm under the contract referred to heretofore. By Councilman Ventura, seconded by Councilman Bagnall, it was #84-58 RESOLVED that, pursuant to the provisions of Chapter VIII, Section 12, of the City Charter and Section 5 of Ordinance No. 35, the Financial Ordinance, as amended, the Council does hereby designate the firm of Iybrand- Ross Bros. & Montgomery, Certified Public Accountants, Book Building, Detroit 26, Michigan, as the City Auditor for the fiscal year 1957-58 to prepare the audit required by the above provision of law; that the aforementioned firm is requested to prepare and submit to the Council a satisfactory agree- ment or contract between the said firm and the City of Livonia consistent with the services rendered by said firm for the fiscal year 1956-57; and that such agreement or contract shall fix the duties and responsibilities of the City Auditor and the compensation to be received for the services rendered. A roll call vote was taken on the foregoing resolution with the fallowing result: AYES: Daugherty, O'Neill, Bagnall, Ventura and Grant. NAYS: Kleinert and Jones. The President declared the resolution adopted. A recess was called at 9:31 P. M., after which the meeting resumed with all members present who were named as present in the original roll call of this meeting, including Councilmen Grant and Daugherty, and excepting Councilman Bagnall who re- turned at a later time. By Councilman Jones, seconded by Councilman O'Neill and unanimously adopted, it was Page 3260 #85-58 RESOLVED that, having received the letter from the Mayor dated January 27, 1958, with attached communication and petition from R. J. Durivage, President, Rosedale Gardens Civic Association, regarding elimina- tion of the $14.00 sewage disposal charge, the Council hereby tables further consideration of this topic until it receives the report due February 15, 1958 from Hubbell, Roth and Clark, Inc., in regard to such matter; and the City Clerk is hereby instructed to immediately transmit a copy of this resolution to Mr. R. J. Durivage. By Councilman Daugherty, seconded by Councilman Kleinert and unanism usly adopted, it was #86.58 RESOLVED that, the letter from the Mayor dated January 2L1., 1958, with attached petition dated January 8, 1958 of property owners on Hubbell Street requesting the extension of an existing sanitary sewer on Delhay Street, is hereby referred to the Engineering Division of the Department of Public Works for a report and recommendation indicating the practicality and estimated cost of such extension. By Councilman Ventura, seconded by Councilman Daugherty and unanimously adopted, it was #87-58 RESOLVED that, the Council concurs with the recommendation of the City Planning Commission dated January 27, 1958, that Petition No. Z-231 be withdrawn. Councilman Bagnall returned at 9:57 P. M. By Councilman Daugherty, seconded by Councilman Bagnall, it was #88-58 RESOLVED that, pursuant to the r ecommendation of the City Planning Commission in its letter dated January 28, 1958, the names of the following streets and portions of streets in the Livonia Meadows Subdivision in the Southeast 1/4 of Section 12 are hereby changed in the following manner: 1. Pershing Street from Deering Avenue to the presently named Bennett Avenue is hereby changed to Bennett Avenue; and 2. That portion of Vargo Avenue, Bobrich Avenue and Bennett Avenue extending in a North-South direction through such sub- division are hereby changed to Dolores Drive; the above changes are made on the recommendation of the City Planning Com- mission for the purpose of providing a more consistent and convenient scheme of designation for streets in the Livonia Meadows Subdivision; and the City Clerk is hereby authorized and requested to file a certified cow of this resolution within thirty (30) days of the effective date hereof with the Register of Deeds for the County of Wayne, together with a certificate giving the name or names of any plat, subdivision or addition affected by this resolution; and provided further, that the City Clerk shall forward a certified copy of this resolution to the Treasurer for the County of Wayne, all public utility companies operating within the City of Livonia and all City departments and commissions; and further that the Engineering Division Page 3261 of the Department of Public Works be instructed to prepare a map to be approved by the Planning Commission including the aforesaid changes, with copies submitted to the bodies mentioned in this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, O'Neill, Bagnall, Kleinert, Jones and Grant. NAYS: Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #89-58 RESOLVED that, the letter from Milton R. Holley, 114821 Farmington Road, Livonia, dated January 30, 1958, in connection with the financing of libraries, be referred to the Department of Law for its study, consideration and answer in the near future. By Councilman Ventura, seconded by Councilman Bagnall, it was #90-58 RESOLVED that, Council resolution #70-58 adopted at the regular Council meeting on January 27, 1958, wherein the City Assessor was directed to prepare a special assessment roll for road drainage improvements to be installed on Mayfield Avenue from Six Mile Road to Curtis, is hereby amended in the following respects: 1. So as to include in addition to the engineer's statement referred to in such resolution, the supplementary statement from the engineer dated February 3, 1958; 2. Item No. 3 is hereby amended so as to include the supplementary engineer's statement dated February 3, 1958; 3. Item No. 4 is hereby amended so as to determine the estimated cost of such improvement in the amount of $30,176.00; and 4. Item No. 6 is hereby amended so as to read that the cost and expense of said public improvement amounting to $30,176.00 shall be borne and paid for by special assessments on all lands and premises in the special assessment district. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, O'Neill, Bagnall, Kleinert, Jones, Ventura and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman O'Neill, it was #91-58 RESOLVED that, Council resolution #71-58, adopted at the regular Council meeting on January 27, 1958, wherein the City Assessor was directed Page 3262 to prepare a special assessment roll for road drainage improvements to be installed on Fairfield Avenue from Six Mile Road to Curtis, is hereby amended in the following respects: 1. So as to include in addition to the engineer's statement referred to in such resolution, the supplementary statement from the engineer dated February 3, 1958; 2. Item No. 3 is hereby amended so as to include the supplementary engineer's statement dated February 3, 1958; 3. Item No. 4 is hereby amended so as to determine the estimated cost of such improvement in the amount of $29,923.00; and 4. Item No. 6 is hereby amended so as to read that the cost and expense of said public improvement amounting to $29,923.00 shall be borne and paid for by special assessment on all lands and premises in the special assessment district. A roll call vote was taken on the foregoing resolution with the following result : AYES: Daugherty, O'Neill, Bagnall, Kleinert, Jones, Ventura and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Ventura, it was #92-58 RESOLVED that, the rules of the Council be suspended in order to consider a resolution concerning the compensation to be received by Council- men. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, O'Neill, Bagnall, Ventura and Grant. NAYS: Kleinert and Jones. The President declared the resolution adopted. By Couhcilman Bagnall, seconded by Councilman O'Neill, it was #93-58 RESOLVED that, the City Council of the City of Livonia, by a three-fifths (3/5) vote of the members elect and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of Michigan of 1909, as amended, does hereby propose that there be submitted to the electors of such City at the election to be held on April 7, 1958, the following amendment to the City Charter: PROPOSED CHARTER AMENDPENT Chapter IV,Section 5. COMPENSATION. Each member of the Council elected or appointed to that office at any time prior to the April 7, 1958 election shall receive an annual salary of Twelve Hundred Dollars ($1,200.00) for his services as Page 3263 Councilman. Each member of the Council elected to office at the April 7, 1958 election or elected or appointed to that office between April 15, 1958 and April 4, 1960, shall receive an annual salary of Twelve Hundred Dollars ($1,200.00) for any period prior to and including April 11, 1960, and then an annual salary of Thirty-Six Hundred Dollars ($3,600.00) commencing on April 12, 1960. Each member of the Council elected to office on April 14, 1960 or elected or appointed to that office at any date thereafter shall receive an annual salary of Thirty-Six Hundred Dollars ($3,600.00). Salaries as authorized herein shall be payable monthly. All Charter provisions, acts or parts of acts in conflict herewith are hereby repealed; that the existing Charter provision which would be altered or abrogated by the foregoing amendment is Chapter IV, Section 5; that Monday, April 7, 1958, is hereby designated as the date for the holding an election on said proposed amendment and question; that a certified copy of said pro- posed amendment and this resolution be forthwith transmitted by the City Clerk to the Governor of Michigan for his approval; that a certified copy of the Statement of Purpose shall be transmitted to the Attorney General for his approval, as required by Act No. 117, P. A. 1955; that the City Clerk shall promptly and fully comply with all the provisions of Section 21 of said Act 279, as amended, and shall do and perform all acts required by State Law and the Charter of the City of Livonia relative to the calling and holding of such election, the giving notice thereof, the registration of electors and preparation of ballots therefor, and the making of all necessary arrange- ments for such election; that blank paper ballots for the use of electors at such election be printed in substantially the following form: BALLOT Instructions: A cross (z) in the square before the word "YES" is in favor of the proposed amendment to the City Charter, and a cross (x) in the square before the word "NO" is against the proposed amendment. Before leaving the booth, fold the ballot so that the initials of the inspector may be seen on the outside. AMENDMENT An amendment changing the salaries of the menbers of the City Council. The purpose of this amendment is to change the salaries of the members of the City Council from $1,200.00 per annum to $3,600.00 per annum. Shall Section 5 of Chapter IV of the Charter of the City of Livonia be amended to change the salaries of members of the City Council to $3,600.00 per annum? YES NO that said proposed Charter amendment shall be published in full with existing Charter provisions which would be altered or abrogated thereby; Page 3261 that said proposed amendment in full shall be posted in a conspicuous place in each polling place; and that the canvass and determination of the votes on said proposed amendment shall be made in accordance with the laws of the State of 14ichi gan. PLEASE TAKE NOTICE THAT THE FOLLOWING IS THE EXISTING CHARTER PROVISION WHICH WILL BE ALTERED OR ABROGATED BY THE FOREGOING PROPOSED A!ENDMENT: Chapter IV, Section 5. COMPENSATION. Each member of the (buncil elected or appointed to that office at any time prior to the April 2, 1956 election shall receive an annual salary of Six Hundred Sixty Dollars ($660.00) for his services as Councilman. Each member of the Council elected to office at the April 2, 1956 election or elected or appointed to that office between April 10, 1956 and April 7, 1958 shall receive an annual salary of Six Hundred Sixty Dollars ($660.00) for any period prior to and including April 14, 1958, and then an annual salary of Twelve Hundred Dollars ($1,200.00) commencing on April 15, 1958. Each member of the Council elected to office on April 7, 1958, or elected or appointed to that office at any date there- after shall receive an annual salary of Twelve Hundred Dollars ($1,200.00). Salaries as authorized herein shall be payable monthly. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, O'Neill, Bagnall, Ventura and Grant. NAYS: Kleinert and Jones The President declared the resolution adopted. On motion of Councilman Jones, seconded by Councilman Ventura and unanimously adopted, this 234th regular meeting of the Council of the City of Livonia was duly adjourned at 10:37 P. M., February 3, 1958. liarbit, 14. Clark, City Clerk.