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HomeMy WebLinkAboutCOUNCIL MINUTES 1957-07-01 Page 2934 MINUTES OF THE TWO HUNDRED THIRTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 1, 1957, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan , and was called to order at approximately 8:25 P. M.,, by the President of the Council. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Frang O'Neill, Rudolf R. Kleinert, David L. Jones, Peter A. Ventura and John T. Daugherty. Absent-- *Sydney B. Bagnall. By Councilman O'Neill, seconded by Councilman Kleinert, it was #485-57 RESOLVED that, the minutes of the 212th regular meeting of the Council of the City of Livonia held June 2I, 1957, are hereby approved as submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, O'Neill, Daugherty and Grant. NAYS: Jones and Ventura. The President declared the resolution adopted. *Councilman Bagnall arrived at 8:29 P. M. Marie W. Clark, City Clerk, read a letter from the Mayor regarding resolution #399-57. By Councilman Jones, seconded by Councilman O'Neill and unanimously adopted, it was #486-57 RESOLVED that, the letter dated June 27, 1957, from the Mayor, is hereby referred to the Water and Sewer Committee of the Council for report and recommendation. The City Clerk, Marie W. Clark, read a letter from the Mayor dated July 1, 1957, and letter from E. C. Manna, regarding Petition No. Z-222. By Councilman Daugherty, seconded by Councilman Jones, it was #487-57 RESOLVED that, resolution #473-57, adopted by the City Council June 24, 1957, granting Petition No. Z-222., be and hereby is rescinded. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Kleinert, Bagnall, Daugherty, Ventura and Grant. NAYS: O'Neill. Page 2935 The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Bagnall, it was #488-57 RESOLVED that, Petition No. Z-222 of E. C. Manns for change of zoning is hereby referred to a study meeting of the Council with the residents of the neighborhood being notified and requested to attend such meeting; which meeting will be held at 7s45 P.M., July 11, 1957. Councilman Bagnall was excused at 8:39 P.M., and returned at 8:40 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Bagnall, Daugherty, Ventura and Grant. NAYS: Kleinert and O'Neill. The President declared the resolution adopted. The report from the Department of Law dated June 27, 1957, was received and placed on file. By Councilman Bagnall, seconded by Councilman Jones, it was #489-57 RESOLVED that, the report of the Finance Committee for the month of May, 1957, is hereby approved and a summary spread upon the minutes as follows: General,Admfnistrative and Legislative: Executive $ 25.00 Legislative 1,182.85 Financial 122.42 City Clerk 561.35 Department of Law 116.65 Judicial 126.99 Civil Service Commissioh 467.47 Election Commission 6.11 City Planning C omnis s ion 1,625.50 Traffic Commission 51.43 Civil Defense 8.87 Board of Appeals 164.71 Court Building 118.16 City Hall 980.89 $ 5,558.70 Department of Public Safety: Fire Commissioner 25.00 Police Commissioner 25.00 Fire Department 5,660.99 Police Department 191276.60 24,987.59 Department of Public Worcs: Public Works Division 57,481.58 Recrea tion Division 142.42 Inspection Division 757.45 58,381.45 Page 2936 Department of Parks and Recreation: 'arks Divisionx.57.89 Recreation Division 1,366.75 1,821 .6L. 90,752.36 Retirement 11.x,939.71 Insurance 3,778.26 Acquisition of Land 23.70 Hydrant Rental 2,750.00 General ObligationBonds Fee 10.23 21,501.90 1.1.2,254.25 General Ledger Accounts: Inventories 2,338.67 Advances 252.63 Gas Tax Refund 930.00 Petty Cash Funds 45.00 3,566.30 TOTAL: $ 115,820.58 A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Kleinert, Bagnall, OMNeill, Daugherty, Ventura and Grant. NAYS: None. Councilman Bagnall, as Chairman of the Finance Committee, read a report dated July 1, 1957, regarding Voucher #13387. By Councilman Bagnall, seconded by Councilman Daugherty, it was #190-57 RESOLVED that, the City Clerk shall be instructed to submit a report to the Council concerning Voucher #13387, as contained in the report of the Finance Committee of the Council dated July 1, 1957, ad- dressed to the City Council; erxi further that the City Clerk shall answer the following specific queries: 1. Why. was the voucher in question approved by the City Clerk for payment when the amount did not agree with the total of the bid, or the amount approved by Council resolution. 2. Why did the voucher cover only thirteen vehicles when the requisition and purchase order read fourteen. 3. Why did the City Clerk fail to inform the Council of this discrepancy between bid amount and the invoice of the vendor when it was discovered. 4. Why was the vendor informed by the City Clerk during May that the Finance Committee had delayed approval of this voucher for a two week period when, in fact, it was not even submitted to the Finance Committee Imp until June 3, 1957. 5. What action is being taken to make payment for the fourteenth vehicle delivered and billed in May. Page 2937 A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant. NIYS: None. By Councilman Ventura, seconded by Councilman Jones, it was #1i91-57 RESOLVED that, the invoice from William Wood Agency, dated August 1, 1957, for t he second premium installment on insurance policy # 156944., covering the City Hall, the building at 12973 Farmington and 10800 Farmington Road, in the amount of $562 .43, is hereby approved for payment. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: None. By Councilman Daugherty, seconded by Councilman O'Neill, it was #492-57 RESOLVED that, the request of 1r. Sam Altschul dated September 26, 1956, wherein he requests refunds on certain water permits, has been con- sidered, and pursuant to the report and recommendation of the Water and Sewer Board dated June 6, 1957, and the Sewer and dater Committee of the Council dated June 27, 1957, such request is granted, and there is hereby refunded to Mr. Altschul $30.00 each for water permits numbered 112)49 through 11259, inclusive; and the Water and Sewer Division, City Clerk and City Treasurer are herein 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: Jones, Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant NAYS: None. By Councilman Daugherty, seconded by Councilman Jones, it was RESOLVED that, having considered the report of the Sewer and Water Committee of the Council dated June 27, 1957, the request of Robert H. Kempa dated March 21, 1957, asking permission to tap into the Livonia sewer on the west side of Inkster Road is hereby denied. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, and Daugherty. NAYS: Kleinert, Bagnall, O'Neill, Ventura and Grant. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman Kleinert, it was #493-57 RESOLVED that, the request of Robert H. Kempa dated March 21, 1957, asking permission to tap into the Livonia sewer on the west side of Inkster Page 2938 Road is hereby granted; provided, however; that Mr. Kempa shall pay in cash the full tap charge of $300.00, and that in the event an ad valorem tax is levied on property in the City of Livonia that a like amount shall be added to the sewage disposal charge to Mr. Kempa; and provided further, that Mr. Kempa shall pay a sewage disposal charge of $14.00 per annum and at no time shall this charge be less than $14.00 per annum. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Bagnall, O'Neill, Ventura and Grant. NAYS: Jones and Daugherty. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman O'Neill, it was #494-57 RESOLVED that, pursuant to the report and recommendation of the Sewer and Water Committee dated June 27, 1957, the request of Mr. James T. Griffey, 8900 East Jefferson, Detroit 14, Michigan, Dated February 6, 1957,E for permission to tie into the sanitary sewer now being constructed on Purlingbrook Road and Eight Mile Road in the City of Livonia, is hereby denied. A roll call vote was taken on the foregoing resolution with the following result: Lir AYES: Jones, Bagnall, O'Neill, Daugherty and Ventura. NAYS: Kleinert and Grant. The President declared the resolution adopted. Councilman Daugherty, Chairman of the Sewer and Water Committee of the Council, announced that the Sewer and Water Committee is up to date on matters referred to them at this time. By Councilman Bagnall, seconded by Councilman Daugherty, it was #495-57 RESOLVED that, Voucher No. 13387 to Ralph Ellsworth, Inc., in the amount of $15,050.32, be and hereby is approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: None. By Councilman Daugherty, seconded by Councilman Ventura, it was #496-57 RESOLVED that, a ten minute recess of the City Council be called at this time. A roll call vote was taken on the foregoing resolution with the following result: Page 2939 AYES: Jones, Bagnall., O'Neill, Daugherty and Ventura. NAYS: Kleinert and Grant. The President declared the resolution adopted, and a recess was called at 9:16 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 Councilman Bagnall. By Councilman Jones, seconded by Councilman O'Neill, it was RESOLVED that, the bid of the Livonia News, 17205 Lahser Road, Detroit 19, Michigan, dated June 21i, 1957, for the publication of City noticesproceedings, is hereby accepted on the teens and at the prices listed in the above received bid, such having been in fact the lowest bid received. A roll call Note was taken on the foregoing resolution with the following result: AYES: Jones. NAYS: Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant. The President declared the resolution denied. By Councilman Bagnall, s econded by Councilman Ventura, it was #197-57 RESOLVED that, the bid of The Livonian, 33050 Five M.le Road, Livonia, Michigan, dated June 214, 1957, for the publication of City notices, proceed- ings and other legally required advertising, is hereby accepted on the terms and at the prices listed in the above received bid, such having been in fact the lowest laid received; and The Livonian, a newspaper of general circulation within the City of Livonia, is herein designated as the official newspaper of the City of Livonia for the year ending June 30, 1958, in accordance with Chapter i, Section 8, of the Charter of the City of Livonia. Councilman Bagnall read the following excerpt from the bid of the Detroit Suburban Newspapers, with a request that it be included in the record: "However, in the event some other publication, non-union in character, is also awarded any part of the above request for bids, then the rate for the Livonia News will be 15 cents per column inch above that accorded any other non-union shop or news- paper to which this or any other part of the advertising is awarded." A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Bagnall, Ventura and Grant. NAYS: Jones, O'Neill and Daugherty. The President declared the resolution adopted. Page 2940 The report from the Department of Public "orks dated June 21, 1957, pursuant to resolution #380-57, regarding the request of Allen Hart for salvage rights to the City land fill, was received and placed on file. Marie W. Clark, City Clerk, read a letter dated June 20, 1957, from the De- partment of Law regarding resolution #368-57; Proposed Agreement between City and Developers in connection with the Interim Drainage program for the Blue and Bell Drainage Districts. By Councilman Ventura, seconded by Councilman Bagnall, it was RESOLVED that, the Council having received a proposal dated May 8, 1957, regarding the payment and scope of an Interim Drainage Program for the Blue and Bell drainage area and also having received a recommendation in con- nection with such agreement from the Department of Law dated June 20, 1957, does hereby establish July 8, 1957, at 8:00 P. M., as the time at which a special meeting of the Committee of the Whole shall convene to discuss and consider what final action shall be taken on such proposal; and that also present at such meeting shall be the Director of Public Works, Mr. Al Roth of Hubbell Roth and Clark, Inc., and a representative of the Developers and a representative of each Civic Association in Sections 22, 23 and 24. By Councilman Daugherty, seconded by Councilman Jones, it was RESOLVED that, the foregoing resolution be amended to include that the Wayne County Drain Commissioner and a representative of the Livonia Engineering staff be present at the meeting. A roll call vote was taken on t he foregoing amendment with the following result: AYES: Jones, Bagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: Kleinert. A roll call vote was taken on the resolution as amended: #498-57 RESOLVED that, the Council, having received a proposal dated May 8, 1957, regarding the payment and scope of an Interim Drainage Program for the Blue and Bell Drainage area and also having received a recommendation in connection with such agreement from the Department of Law dated June 20, 1957, does hereby establish July 8, 1957, at 8:00 P. M., as the time at which a special meeting of the Committee of the Whole shall convene to discuss and consider what final action shall betaken on such proposal; and that also present at such meeting shall be the Director of Public Works, Mr. Al Roth of Hubbell, Roth and Clark, Inc., a representative of t he developers in the area, a representative of each Civic Association in Sections 22, 23 and 24, the Wayne County Drain Commissioner and a representative of the Livonia Engineering Staff. with the following result: Page 2941 AYES: Jones, Bagnall, O'Neill, Daugherty, *Ventura and Grant. LNAYS: Kleinert. *Councilman Ventura absented himself at 10:12 P. M., during the roll call vote and abstained from voting which is recorded as a yes vote by order of the President of the Council and pursuant to Ordinance No. 27, Section 19. The President declared the resolution adopted. Councilman Ventura returned at 10:18 P. M. By Councilman Bagnall, seconded by Councilman Ventura and unanimously adopted, it was #499-57 RESOLVED that, the amendment to Ordinance No. 60, Petition No. Z-211, again be referred to the Department of Law for further clarifica- tion. The Ordinance entitled "An Ordinance Amending Section 3 of Ordinance No. 130 of the City of Livonia entitled 'An Ordinance Creating a Water and Sewer Division of L. the Department of Public Works, Establishing the Office of Assistant Director and Com- missioner; Creating a Water and Sewer Board; Determining the Powers and Duties of Such Division, Assistant Director, Commissioner and Board; Providing for the Operation of Such Division; Providing for the Making of Rules and Regulations; and Providing for the Repeal of Prior Ordinances'," introduced by Councilman Ventura June 24, 1957, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Bagnall, O'Neill, Ventura, Daugherty and Grant. NAYS: Jones and Kleinert. The President declared the Ordinance duly adopted and will become effective on date of publication, July 25, 1957. By Councilman Bagnall, seconded by Councilman Ventura, it was L #500-57 RESOLVED that, having considered the request of Rose Hill Builders, 14201 West Eight Mile Road, Detroit 35, Michigan, by Leonard R. Farber, and having considered the recommendation of the City Engineer, the Council does hereby release the bond posted to guarantee the improvements in Outlots A and B of Cooperspoon Subdivision; and the City Clerk is herein authorized to do all things necessary to t he full performance of this resolution. Page 2942 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: Jones. The President declared the resolution adopted. The City Clerk, Marie W. Clark, read a letter dated May 29, 1957, from the Mayor regarding petition for widening Harrison Avenue. Councilman Bagnall was excused at 10:31. P. M. By Councilman Kleinert, seconded by Councilman Ventura, it was #501-57 RESOLVED that, having considered the petition of residents of Harrison Road in the City of Livonia in regard to the widening of the south end of such road at Joy Road, the Department of Law is herein requested to advise the Council as to the liabilities of the present owner of parcel G14a, in the Southwest 1/4 of Section 36, for the cost and improvements of such parcel if condemnation proceedings are instituted to acquire same. A roll call vote was taken an the foregoing resolution with the following result: AYES: Jones, Kleinert, O'Neill, Daugherty, Ventura andGrant. NAYS: None. By Councilman Ventura, seconded by Councilman O'Neill, it was #502-57 RESOLVED that, having considered the request of the St. Michaels Men's Club dated June 18, 1957, for the refund of a certain $175.00 carnival license fee, the Council does herein grant such request and directs that such refund be made; and the City Clerk and City Treasurer are authorized to do a:11 things necessary to the full performance of this resolution; and that a copy of the letter which was sent to certain other organizations re- questing refunds be sent to St. Michaels Men's Club. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Kleinert, O'Neill, Daugherty, Ventura and Grant. NAYS: None. By Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, it was #503-57 RESOLVED that, having considered the invitation extended to the Council by the Livonia Board of Education in its letter dated June 22, 1957, the Council does herein accept such invitation and will meet with the Board of Education at 8:00 P. M., July 9, 1957, at Bentley High School for the purpose of discussing matters of mutual interest and concern. Page 2913 The recommendation of the City Planning Commission dated June 20, 1957, re- garding statement of $121.30 from Albe Munson for attending court hearing was received and placed on file. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #504-57 RESOLVED that, the report and recommendation of the City Planning Commission dated June 20, 1957, as to Petition No. Z-217, initiated by the Planning Commission an its own motion, for change of zoning classification in the Southwest 1/4 of Section 27 from RUFB and C-2 to M-1, is hereby ap- proved; and the City Attorney is instructed to prepare an ordinance anend- ing Ordinance No. 60 in accordance with this resolution. By Councilman Kleinert, seconded by Councilman Ventura, it was #505-57 RESOLVED that, pursuant to the report and recommendation of the City Planning Commission dated June 20, 1957, as to Petition No. Z-226 initiated by the City Planning Commission on its own motion on the giestion as to whether or not subsection (i) of Section 11.02 of Ordinance No. 60 should be deleted, is hereby approved; and the City Attorney is instructed to prepare an ordinance in accordance with this resolution. Councilman Bagnall returned at 10:54 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Bagnall, O'Neill, Ventura and Grant. NAYS: Jones and Daugherty. The President declared the resolution adopted. Marie W. Clark, City Clerk, read a letter from the City Planning Commission as to Petition No. Z-227. By Councilman Daugherty, seconded by Councilman Bagnall, it was #506-57 RESOLVED that, Petition No. Z-227 be referred back to the City Planning Commission with the request that a representative committee of the Planning Commission meet with the Council at the next meeting of the Council for discussion on this subject contained in Petition No. Z-227. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Bagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: None. The President declared the resolution adopted. Page 291.4 Marie W. Clark, City Clerk, read a letter dated June 19, 1957 from the Rose- Ldale Gardens Civic Association regarding cross streets. By Councilman Daugherty, seconded by Councilman Bagnall, it was #507-57 RESOLVED. that, the request of the Rosedale Gardens Civic Association contained in letter dated June 19, 1957, be referred to the Streets and Roads Committee for a report to the Council on this and the entire 1957 seal coat program. A roll call vote was taken on the foregoing resolution with the following results AYES: Jones, Bagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: Kleinert. The President declared the resolution adopted. The City Clerk, Maxie W. Clark, read a letter from the Department d Public Works dated June 21, 1957, regarding engineering in Botsford Park Subdivision. By Councilman Ventura, seconded by Councilman Kleinert, it was #508-57 RESOLVED that, having considered the report and recommendation of the City Engineer dated June 21, 1957, the Council does herein authorize pay- ment of a statement dated June 7, 1957, from Warner & Warner Registered Civil Engineers and Surveyors, 828 Farwell Building, Detroit 26, Michigan, in the amount of $1,955.03; such sum representing partial payment of engineering fees feria ork performed in Special Assessment District No. 7, Botsford Park Sub- division; and the City Clerk and City Treasurer are herein 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: Jones, Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: None. Marie W. Clark, City Clerk, read a letter from petitioners for the paving of Antago Avenue. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #509-57 RESOLVED that, having considered the petition of certain residents of the City of Livonia dated June 20, 1957, and before determining to install certain improvements on Antago Avenue between Grand River and Long Street, the cost of which is to be defrayed by special assessment, the City Engineer is hereby required to ascertain the assessed valuation of all property af- fected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number Page 291 of parcels which are now vacant and to prepare, or cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk, together with his recommendations 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 lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 6 of Ordinance No. 31, as amended. Marie W. Clark, City Clerk, read a letter dated June 26, 1957, from the Civil Service Commission, regarding Employees' Group Insurance Plan. A recess was called at 11:30 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 Councilman Bagnall. By Councilman Bagnall, seconded by Councilman O'Neill, it was #510-57 RESOLVED that, the Employees' Group Life Insurance Plan #4199 of the Great West Life Assurance Company, which policy expires July 1, 1957, for which there is a thirty-one day grace period, be referred to the Insurance Committee of the Council for report and recommendation at the Council meeting of July 15, 1957. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Bagnall, O'Neill, Daugherty and Ventura. NAYS: Kleinert and Grant. The President declared the resolution adopted. President Grant appointed the following Municipal Waste Committee: Council- men Peter A. Ventura, Rudolf R. Kleinert and David L. Jones. On motion of Councilman Bagnall, seconded by Councilman Jones and unanimously adopted, this 213th regular meeting of the Council of the City of Livonia was duly ad- journed at 11:40 P. M., July 1, 1957. (Marie W. Clark, City Clerk.