Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1957-03-11 Page 27413 MINUTES OF THE TWO HUNDREDTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 11, 1957, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:18 P. M., by the President of the Council. Councilman Kleinert delivered the invocation. Roll was called with the following results Present-- Austin T. Grant, *Frank O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert, David L. Johes, Peter A. Ventura and John T. Daugherty. Absent-- None. By Councilman Bagnall, seconded by Councilman Ventura, it was #1711-57 RESOLVED that, the minutes of the 198th regular meeting of the Council of the City of Livonia held February 28, 1957, and the 199th regular meeting held March 4, 1957, are hereby approved as submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, O'Neill, Daugherty, Ventura, Kleinert and Grant. NAYS: Jones. The President declared the resolution adopted. The City Clerk, Marie W. Clark, read a letter from the Mayor regarding additions to the water system. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was #175-57 RESOLVED that, the recommendations of the Mayor dated March 6, 1957 regarding additions to the water system be referred for study to the next meeting of the Committee of the Whole, Thursday, March lit, 1957. Marie W. Clark, City Clerk, read a letter from the Chairman of the Water and Sewer Board regarding bid for copper tubing. By Councilman Ventura, seconded by Councilman O'Neill, it was #176-57 RESOLVED that, upon the recommendation of the Chairman of the Water and Sewer Board dated March 5, 1957, the bid of Amstan Supply Company, 1625 Southfield Road, Lincoln Park, Michigan, dated February 25, 1957, at the submitted bid of $ 7,831.13 for supplying 20,0110 lineal feet of Domestic Type K 3/L." Copper Tubing to the City cif Livonia is hereby accepted, such having been the lowest bid received, and the City Clerk is hereby authxrized to do all things necessary to the full performance of this resolution. Page 2714 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, O'Neill, Daugherty, Ventura, Jones, Kleinert and Grant. NAYS: None. The City Clerk, Marie W. Clark, read a letter from the Chairman of the Parks and Recreation Commission regarding bid for Dutch Elm Spray. By Councilman Daugherty, seconded by Councilman Jones, it was #177-57 RESOLVED that, pursuant to the report and recommendation of the Parks and Recreation Commission dated March 6, 195?, the Council does here- by accept the bid of the Michlin Chemical Corporation, 7605 Lyndon Avenue, Detroit 38, Michigandated February 25, 1957, at the submitted price of $1,9110.68 for supplying Dutch ElmSpray to the City of Livonia, such having been the lowest bid received, and the City Clerk is hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, O'Neill, Daugherty, Ventura, Jones, Kleinert and Grant. NAYS: None. Marie W. Clark, City Clerk, read a letter from the Parks and Recreation Com- mission as to bid for 1957 Tractor and Rotary Cutter. By Councilman Bagnall, seconded by Councilmen Ventura, it was #178-57 RESOLVED that, pursuant to the report and recommendation of the Parks and Recreation Commission dated March 6, 1957, the Council does here- by accept the bid of Bill Dulmage, Inc., 3600 East Eight Mile Road, Detroit alt, Michigan, dated February 25, 1957, at the submitted price of $2,175.00, for supplying a 1957 Tractor and Rotary Cutter to the City of Livonia, such having been the lowest bid received, and the City Clerk is hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taxen on the foregoing resolution with the following result: AYES: Bagnall, O'Neill, Daugherty, Ventura, Jones, Kleinert and Grant. NAYS: None. The City Clerk read a letter from the Mayor regarding request of the Depart- ment of Public works for an appropriation for clean-up work at the Park Site in Section 35, and relating correspondence. By Councilman Ventura, seconded by Councilman O'Neill and unanimously adopted, it was Page 2715 #179-56 RESOLVED that, the request of the Department of Public Works for an appropriation for clean up work at Park Site in Section 35 be referred to the next meeting of the Committee of the Whole, and that a breakdown report be made at that time. Marie W. Clark, City Clerk, read a letter from the Mayor regarding Fleet Sales bids. By Councilman Ventura, seconded by Councilman O1Neill, it was #180-57 RESOLVED that, the Council having heretofore authorized the advertising for bids for a fleet of autos and trucks for the various City departments, and said bids having been received, and by resolution #130-57 of the Council having been referred to the Mayor and the various depart- ments for their report and recommendation, and pursuant to the report and recommendation of the departments dated March L, 1957, said report having been approved by the Mayor, the Council does hereby accept said recommenda- tions as set forth in such letter and does accept the bids as follows, such bids being the lowest bids received: 1. Fire Department Car and Truck Requirement in the amount of $11,209.69 to Bill Brown, Inc.; 2. Car and Truck Requirements for Department of Public Works to Bill Brown, Inc., $36.536.74;. 3. Car and Truck Requirements for Police Department to Ralph Ellsworth, Inc., $15,521.31; and there is hereby appropriated from the Unappropriated Surplus Account of the Budget to the following capital outlay accounts: PD 70E $ 8,771.14 FD 70 - Autos 1.50.00 Fd 7CE (Works Division) 7,672.68 which sums constitute the principal amount of $16,893.82; such amounts to be used by these departments for the purpose of purchasing the vehicles and equipment referred to above. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Mein, Daugherty, Ventura and Grant. NAYS: Jones and Kleinert. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Bagnall, it was #181-57 RESOLVED that, the departmental budget transfers as contained in the communication dated March 8, 1957 from Police Commissioner Dallas Hay and letter dated March ll, 1957 from the Fire Department relating to budget Page 27!46 transfers be referred to the Finance Committee for report and recommendation to the City Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: Jones and Kleinert. The President declared the resolution adopted. Councilman Bagnall was excused at 9:03 P. M. By Councilman Ventura, seconded by Councilman O'Neill, it was #182-57 RESOLVED that, there is hereby transferred the sum of $800.00 from the Police Depa rtment Account No. 70-R, New Radio Account, to the Police Department Account No. 70-X, Radio Account, in order that the con- version of radios can be processed and that such will be ready for in- stallation in the new police cars. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Daugherty, Ventura, Jones, Kleinert and Grant. NAYS: None. Marie W. Clark, City Clerk, read a letter from the Department of Public Works regarding Ashcroft Drain Enclosure. By Councilman Kleinert, seconded by Councilman Jones, it was RESOLVED that, pursuant to the report and recommendation of the Director of Public Works and City Engineer dated February 27, 1957, the Council does hereby accept the bid of the Sinacola Contracting Co. Inc., 29155 West Seven Mile Road, Livonia, Michigan, for enclosing the Ashcroft Drain in the City of Livonia at the submitted bid of $8,819.70, such hav- ing been the lowest bid received; and the Mayor and City Clerk are hereby authorized to do all things necessary to the full performance of this resolution. Councilman Bagnall returned at 9:22 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES : Jones a nd Kleinert. NAYS: Bagnall, O'Neill, Daugherty, Ventura and Grant. The President declared the resolution denied. By Councilman Daugherty, seconded by Councilman Bagnall, it was Page 27 .7 #183-57 RESOLVED that, pursuant to the report and recommendation of the Director of Public Works and City Engineer dated February 27, 1957, and after having considered the past performances of the lowest bidder, and especially its negligent method of operation in its clean-up work on certain City projects upon which it is now engaged; the Council hereby rejects the lowest bid of Sinacola Contracting Co., and does hereby accept the next lowest bid of Chris Nelsen & Sons., Inc., dated February 25, 1957, in the amount of 49,122.00, for enclosing the Ashcroft Drain in the City of Livonia, and the Mayor and City Clerk are hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: Jones and Kleinert. The President declared the resolution adopted. The City Clerk, Marie W. Clark, read a letter from the Department of Public Works as to road maintainer and grader blades. By Councilman Bagnall, seconded by Councilman Ventura, it was #181 -57 RESOLVED that, upon the recommendation of the Department of Public Works dated March 4, 1957, the bid of the Beach Mfg. Co., of Charlotte, Michigan, dated February 11, 1957, at the submitted bid of $9145.00 for supplying grader blades to the City of Livonia, is hereby accepted, such having been the lowest bid received; and the City Clerk is hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, O'Neill, Daugherty, Ventura, Jones, Kleinert and Grant. NAYS: None. By Councilman Ventura, seconded by Councilman O'Neill, it was #185-57 RESOLVED that, upon the recommendation of the Department of Public Works dated March 1 , 1957, the bid of the Miller Equipment Company, Livonia, ltchigan, dated February 11, 1957, at the submitted bid of $323.98 for supplying road maintainer blades to the City of Livonia is hereby accepted; such having been the lowest bid received; and the City Clerk is hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, O'Neill, Daugherty, Ventura, Jones, Kleinert and Grant. NAYS: None. Page 2748 By Councilman Bagnall, seconded by Councilman Ventura, it was #186-57 RESOLVED that, the supplying of uniforms for the Livonia Auxiliary Police be awarded to Mike Stark, 7455 Grand River, Detroit, Michigan, at his submitted bid of $1,676.52, dated February 25, 1957, such having been the lowest actual bid received therefor, and the City Clerk is authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, O'Neill, Ventura, Jones, Kleinert and Grant. NAYS: Daugherty. The President declared the resolution adopted. The City Clerk, Marie W. Clark, read a letter from Catherine Lamb regarding sewer connection fee. A recess was cared at 10:00 P. M., after which the meeting resumed with all members present who were named as present in the original roll call, except Councilman *Frank O'Neill, who was excused for the balance of the meeting. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, i t was #187-57 RESOLVED that, the request of Catherine Lamb dated March 7, 1957, regarding sewer connection fee be tabled for further consideration by the Council. By Councilman Bagnall, seconded by Councilman Jones and unanimously adopted, it was #188-57 RESOLVED that, consideration of Petition No. Z-118a for change of zoning in Section 29 from RUFB to C-1 is hereby tabled to the next regular meeting of the Council, March 18, 1957, and that all parties interested be so advised. Marie W. Clark, City Clerk, read a letter from William Robinson, et al, regarding Petition No. Z-205, and relating correspondence. By Councilman Kleinert, seconded by Councilman Jones, it was RESOLVED that, the Council resolution #70-57 adopted at the regular meeting of January 28, 1957, wherein Petition No. Z-205 was denied, is hereby rescinded. A roll call vote was taken on the foregoing resolution with the following result: Page 2749 AYES: Ventura, Jones and Kleinert. NAYS: Bagnall, Daugherty and Grant. The President declared the resolution denied. The City Clerk, Marie W. Clark, read a letter from the City Planning Com- mis si on as to Petition No. V-18. Councilman Ventura was excused at 10:51 P. M. By Councilman Bagnall, seconded by Councilman Daugherty and unanimously adopted, it was #189-57 RESOLVED that, the report and recommendation of the City Planning Commission dated February 22, 1957, as to Petition No. V-18 of Harry W. Curtner, et al, for the vacating of a 20 foot alley in the South 1/2 of the Southeast 1/4 of Section 35 is hereby granted subject to an easement for the full width being retained for public utility purposes; and the City Attorney is instructed to prepare the necessary vacating ordinance in accordance with this resolution. Councilman Bagnall, as Chairman of the Finance Committee, read a report from such Committee regarding contract for City Auditor for 1956-57. By Councilman Bagnall, seconded by Councilman Daugherty, it was #190-57 RESOLVED that, having considered the report and recommendation of the Finance Committee dated March 11, 1957, and pursuant to the provisions of Chapter VII, Section 12, of the City Charter and Section 5 of Ordinance No. 35, the Financial Ordinance, as amended, the Council does herein designate the firm of Lybrand, Ross Bros. and Montgomery, Certified Public Accountants, Book Building, Detroit 26, Michigan, as the City Auditor for the City of Livonia for the fiscal year 1956-57, to prepare the audit required by the above provisions of law; that the aforementioned firm is requested to pre- pare and submit to the Council a satisfactory agreement or contract between the said firm and the City of Livonia consistent with the terms contained in their letter of February 9, 1957, addressed to the Finance Committee; and that such agreement or contract shall fix the duties and responsibilities of the City Auditor, the compensation to be received for services rendered, and a provision that the City Auditor may be directed by the I'kyor to assist in the preparation of the Budget, and do all things necessary or incidental thereto. Councilman Ventura returned at 11:03 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Jones, Ventura, Daugherty and *Grant. NAYS: Kleinert. *Councilman Grant abstained from voting which, under the provisions of Ordinance No. Page 2750 27, as amended, Section 19, is recorded as a yes vote. The President declared the resolution adopted. Marie W. Clark, City Clerk, read a letter from the Department of Public Works regarding street lighting near the RoseriaLe Gardens School. By Councilman Ventura, seconded by C ouncilman Daugherty, it was #191-57 RESOLVED that, having considered Drawing No. 525155, prepared by the Detroit Edison Company under date of February 25, 1957, and the recom- mendation of the Department of Engineering dated February 28, 1957, for re- arrangement of street lighting caused by the addition to the Rosedale Gardens School, Orangelawn and Cranston Avenue, the Council does hereby accept such recommendation and does further approve the sum of $8.73, as net addition to the monthly bl U ing by the Detroit Edison Company. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Daugherty, Ventura, Jones and Grant. NAYS: None. Councilman Kleinert abstained from voting under the provisions of Chapter IV, Section 9, of the City Charter. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #192-57 RESOLVED that, the request of James M. Cleveland, UAW Secretary, Local #262, to place a tent or a voting booth on the easement of Amrhein Road for the purpose of conducting an election on March 21, 1957, is hereby approved; provided, that the aforesaid union UAW-CIO will assume any and all liabilities incurred from such a use. The City Clerk, Marie W. Clark, read a letter from George D. Seyburn as to Petition No. Z-171 , tabled by the Council December 17, 1956. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #193-57 RESOLVED that, having considered Petition No. Z-171. of George D. Seybuxn, East Detroit Housing, Inc., for change of zoning classification in the Southwest 1/14 of Section 16 (the proposed Bell Valley Subdivision) and having considered the report and recommendation of the City Planning Commission in regard thereto, dated December 7, 1956, the Council deems it necessary that there shall be a meeting with the petitioner and other Page 2751 parties interested in Petition No. Z-174, said meeting to be held at 8:00 P. M., on March 11, 1957, at the Livonia City Hall; and the City Clerk is authorized and requested to inform the petitioner and the City Planning Commission of such meeting. Marie W. Clark, City Clerk, read a recommendation from the Police Department as to request for Living Quarter Permit in connection with SDM license at 27710 Plymouth Road. By Councilman Bagnall, seconded by Councilman Daugherty and unanimously adopted, it was #194-57 RESOLVED that, pursuant to the report and recommendation of the Police Department dated March 1, 1957, the City Council does hereby deny the request from Russell Collyer, 27710 Plymouth Road, Livonia, Michigan, for a new Living-Quarter Permit in conjunction with his 1956 SDM license, fort he reason that to grant such a request would be a violation of Section 5, Paragraph (b) of the Bulk Food Ordinance, Ordinance No. 11 of the City of Livonia. The City Clerk, Marie W. Clark, read a letter from the Police Department regarding a street light on Schoolcraft at the entrance to Madonna College. By Councilman Ventura, seconded by Councilman Jones and unanimously adopted, it was #195-57 RESOLVED that, the Council does hereby authorize the City Clerk to make application to the Detroit Edison Company on forms provided by them, for the installation of a 10,000 lumen lamp to be installed on Schoolcraft Road at the entrance way to the Madonna College, 36800 School- craft, located in the Southwest 1/4 of Section 20, in the City of Livonia. Marie W. Clark, City Clerk, read a letter from the Mayor regarding completion of paving of Henry Ruff Road between Grandon and Orangelawn. By Councilman Bagnall, seconded by Councilman Ventura and unanimously adopted, it was #196-57 RESOLVED that, having considered the request of certainxesidents of the City of Livonia, and letter from Mayor William W. Brashear, dated February 22, 1957, the Council hereby directs the City Engineer and the Director of Public Works to Prepare the necessary plans and specifications arra an estimate of cost, for paving and installing curbs and sidewalks on Henry Ruff Road between Grandon and Orangelawn, and to submit a report thereof to the Council at the meeting March 25, 1957. By Councilman Daugherty, seconded by Councilman Ventura, it was Page 2752 #197-57 RESOLVED that, the Council having heretofore requested the City Engineer by resolution #496-56 adopted at the regular meting at July 30, 1956, to prepare plans and specifications and an estimate of cost for the paving of Deering Avenue from PlymouthIbad to Test Chicago Road, does herein direct the City Engineer and the Director of Public Works to complete the necessary plans and specifications for completion of this project to be submitted at the study meeting March 28, 1957. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Daugherty, Ventura, Jones and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Jones and unanimously adopted, it was #198-57 RESOLVED that, the Council suspend the rules of procedure to take up items which are not on the agenda. By Councilman Daugherty, seconded by Councilman Bagnall, it was #199-57 RESOLVED that, pursuant to the recommendation of the Mayor, the salary of the City Attorney is hereby established at $7,800.00 per annum, to commence and be retroactive to the beginning of the present fiscal year; that all prior resolutions in conflict or contrary to this resolution are hereby repealed. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Daugherty, Ventura, ones and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Ventura, it was #200-57 RESOLVED that, the Council having by resolution #617-56 authorized the purchase of a parcel of land known on the tax rolls of the City as Item 22N2b; otherwise known as the Zobe1 property located on the east side of Farmington Road, south of Five Mile Road in Section 22, on land contract according to the terms of said resolution; that said contract dated January 1, 1957, having been executed by the Mayor and City Clerk on b ehalf of the City, and there being due under said contract, as of March 1, 1957, a pay- ment of $10,000.00, plus interest from January 1, 1957 to March 1, 1957, in the amount of $504.00; and there being a tax adjustment to the sellers in the amount of $43.56 for taxes paid by sellers in advance; there is hereby appropriated from the Unappropriated Surplus of the Budget the sum of $10,547.56, to pay the principal and interest payment due thereunder and to pay said tax adjustment due to seller. Page 2753 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Daugherty, Ventura, Jones, Kleinert and Grant. NAYS: None. Councilman Ventura read and introduced the following emergency Ordinance: No. 161 AN ORDINANCE TO AMEND SECTION 19 OF ORDINANCE NO. 31, AS AMENDED, OF THE CITY OF LIVONIA ENTITLED, "AN ORDINANCE TO PROVIDE FOR THE MAKING OF PUBLIC IMPROVEMENTS, DEFRAYING THE EXPENSE THEREOF BY SPECIAL ASSESSMENT AND A SPECIAL ASSESSMENT PROCEDURE." THE CITY Cr LIVONIA ORDAINS: Section 1. Section 19 of Ordinance No. 31, as amended, of the City of Livonia, entitled, "An Ordinance to t'rovide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Pro- cedure", is hereby amended to read as follows: Section 19. The first installment shall be spread upon the City tax roll in a column headed "Special Assessments", together with interest upon all unpaid installments from the date of the confirmation of the roll to the first day of December of the year in which such tax roll is made; provided, that any fraction of a month shall be considered as a full month; provided, further, that if the date of the confirmation of said roll is subsequent to the first day of August, the interest charged thereunder shall be billed the first day of December of the next year following in which such tax roll is made. Thereafter, one installment shall be spread upon each annual tax roll, together with one year's interest upon all un- paid installments; provided, that when any annual installment shall have been prepaid as hereinafter provided, then there shall be spread upon the tax roll for such year only the interest upon all unpaid installments; provided, further, however, that if the improvement for which the special assessment is being made is not to be financed by the issuance and s ale of bonds in anticipation of said special assessments, then the Council may by resolution waive the requirements above set forth for the charging of interest until such time as said improvement has been commenced, installed or completed or until such time as the Council may determine the interest charge shall commence on said Special Assessment District. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to f.ve this ordinance full force and effect. Section 3. Should any portion of this ordinance be held invalid for any reason, such holding shaJ1 not be construed as affecting the validity of any of the remaining portion of this ordinance. Section 4. This ordinance is hereby declared to be an emergency ordinance necessary to the protection of the public health, safety and welfare, and shall take effect immediately on publication. Page 275 , A roll call vote was conducted on the foregoing Ordinance with the following result: AYES: Bagnall, Daugherty, Ventura, Jones, Kleinert and Grant. NAYS: None. The President declared the Ordinance duly adopted and will become effective on date of publication, March 21, 1957. By Councilman Jones, seconded by Councilman Daugherty, it was #201-57 RESCUED that, resolution #853-56, adopted by the Council at a regular meeting held December 17, 1956, waiving interest rates in Special Assessment District ##7, be and hereby is rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Daugherty, Ventura, Jones, Kleinert and Grant. NAYS: None. On motion of Councilman Ventura, seconded by Councilman Daugherty and unanimously adopted, this 200th regular meeting of the Council of the City of Livonia was duly adjourned at 12:15 A. M., March 12,1957. Mare. Clark, bity Clerk.