HomeMy WebLinkAboutCOUNCIL MINUTES 1962-07-11 Page 5533
MINUTES OF THE THREE HUNDRED SEVENTIETH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On July 11, 1962, 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 8:14 P. M. Councilman McNamara delivered the invocation. Roll was
called with the following result: Present-- Sydney B.3agnall, Rudolf R. Kleinert,
John F. Dooley and Edward H. McNamara. Absent-- John T. Daugherty, William E. Parks
and James R. McCann.
Elected and appointed City Officials also present: Marie W. Clark, City
Clerk; Juanita alias, Deputy City Clerk; the City Attorney; the Director of Public
Works; the Chief City Engineer, the Director of Civil Defense; and the Chairman of
the Civil Service Commission.
By Councilman Kleinert, seconded by Councilman McNamara and unanimously
adopted, it was
#510-62 RESOLVED that, the minutes of lie 369th regular meeting of the
Council of the City of Livonia,held on June 27,1962,are hereby approved.
Marie W. Clark, City Clerk, reported four veto messages submitted by the
Mayor on resolutions #477-62, re: renovating the City Hall; #487-62 re: Petition
No. 1-556 of W. and A. LaMar; #479-62, re: Legislative Coordinator for the Council;
and #504-62, re: appointment to the Citizens Advisory Committee for Wayne County
Renewal Program, all of such resolutions having been adopted by the Council on
June 27, 1962, at the 369th regular meeting.
By Councilman McNamara, seconded by Councilman Kleinert and unanimously
adopted, it was
#511-62 RESOLVED that, having considered the report and recommendation
dated June 27, 1962, from the City Planning Commission, submitted pur-
suant to Council resolution #908-61, the Council does hereby concur with
the recommendation of the Planning Commission that no change be made in
the name of Stamwi ch Street, located north of Six Mile Road between Middle-
belt and Merriman Roads; and the City Clerk is hereby requested to advise
the Traffic Commission of this denial.
Page 5534
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#512-62 RESOLVED that, having considered the petition of E. J.Sollie,
29100 Terrence Drive, Livonia, Michigan, received May 23, 1962, and having
considered the report dated June 27, 1962, from the Department of Law,
submitted pursuant to Council resolution #456-62, and in accordance with
the provisions of Act 73 of the Public Acts of 1959, as amended, the Council
does hereby approve of dividing Lot 331b of Supervisor's Livonia Plat No. 5,
part of the South 1/2 of the Northwest 1/! of Section 13, City of Livonia,,
Wayne County, Michigan, into the East 1/2 and the West 1/2 of Lot 331b, as
shown on the map prepared by Albert F. Haller, Registered Land Surveyor,
attached to the aforementioned petition; and the City Clerk is hereby re-
quested to cause a certified copy of this resolution to be recorded in the
Office of the Wayne County Register of Deeds.
By Councilman Kleinert, seconded by Councilman McNamara, it was resolved that
#513-62 WHEREAS, pursuant to due and proper notice published and mailed to
all property owners in Special Assessment District No. 17, for paving and
drainage on Henry Ruff Road between Crandon Avenue and Joy Road in the
Southeast 1/4 of Section 35 in the City of Livonia, as required by the pro-
visions of the City Charter and Ordinance No. 31, as amended, of the City
of Livonia, a public hearing there after having been held thereon on June 18,
1962, at 8:30 p. m., at the City Hall, 33001 Five Mile Road, Livonia, Michigan,
and the City Council having duly met and reviewed the special assessments
levied on the special assessment roll as prepared by the City Assessor to
rover the district portion of the cost of street and drainage improvements
to be constructed in Special Assessment District No. 17; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council does hereby determine that the assessments
set forth in said Special Assessment Roll dated April 16, 1962, in the
amount of $19,620.00, are fair and equitable and based upon benefits
to be derived by the construction of the improvements proposed in said
district, in accordance with the plans of the City Engineer and resolu-
tions of the City Council.
2. Said Special Assessment Roll No.17 is hereby approved and
confirmed in all respects.
3. The amount of said roll shall be divided into ten (10) equal
annual installments with interest at the rate of six per cent (6%) per
annum on the unpaid balance of the assessment from the date of con-
firmation. In such cases where the installments will be less than Ten
Dollars ($10.00), the number of installments shall be reduced so that
each installment shall be above and as near Ten Dollars ($10.00) as
possible. The first installment shall be due and payable December 1,
1962, and subsequent installments on December 1st of succeeding years.
Page 5535
4. Pursuant to the provisions of Sections 14 and 17 of Ordinance
No. 31, as amended, the City Clerk shall endorse the date of confirma-
tion on the assessment roll, and the said assessment roll shall then be
immediately transmitted to the City Treasurer who shall then publish
notice as is required by Section 17, and mail assessment statements to
the respective property owners assessed in manner and substance as pro-
vided by said Section 17. Said property owner assessed may, within
sixty (60) days from the date of confirmation of the roll, pay the whole
or any part of the assessment without interest or penalty.
5, The first installment shall be spread upon the 1962 City tax
roll in the manner required by Section 19 of Ordinance No. 31, as amended,
together with interest upon all unpaid installments from the date of
confirmation of the roll to December 1, 1962, and thereafter one (1)
installment shall be spread upon each annual tax roll, together with
one (1) year's interest upon all unpaid installments; provided, however,
that when any annual installment shall have been prepaid in the manner
provided by said Ordinance No. 31, either within the sixty (60) day
period as provided by Section 18, or after the expiration of the sixty
(60) day period as provided by Section 21, then there shall be spread
upon the tax roll for such year only the interest for all unpaid in-
stallments.
6. That the Council having determined to pay the City's share of
paving and the cost of the crosswalks and ditching within the said
district, the sum of $2,517.31 is hereby transferred from the Unallocated
Fund to the Special Assessment District No. 17 Account to cover the City's
cost of said improvement.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#514-62 RESOLVED that, the installation of storm sewers on Roycroft
Avenue, east of Middlebelt Road, be tabled.
Councilman McNamara introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 4.05 OF ARTICLE 4.00 OF
ORDINANCE NO.60, AS AMENDED, ENTITLED '"'ZONING ORDINANCE
OF THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 4.05 of Article 4.00 of Ordinance No. 60, as amended,
entitled "toning Ordinance of the City of Livonia, is hereby amended to read as
follows:
Page 5536
Section 4.05. Minimum Lot Size and Width. The size and minimum width
of each residential lot on which or in relation to which any building or use
is not otherwise affected by the provisions of this ordinance shall not be
less than
(a) as to all lots within Sections 34, 35 and 36 of the City of
Livonia, sixty-six hundred (6600) square feet in area and
fifty-five (55) feet in width;
(b) as to all lots within Sections 1 to 33, inclusive, of the City
of Livonia, seventy-two hundred (7200) square feet in area and
sixty (60) feet in width;
(c) the area and minimum width fixed by ordinances of the City of
Livonia; and
(d) the area and minimum width fixed by the Subdivision Regulations
and the rules and decisions of the City Planning Commission;
provided, however, that in passing upon or approving any proposed plat of a
new subdivision, and in order to avoid a hardship or injustice, the City
Planning Commission is authorized to reasonably construe such minimum widths
of fifty-five (55) and sixty (60) feet as the average width of the lots
within such plat.
Section 2. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section 3. Should any portion of this ordinance be held invalid for any
reason, such sua-EZTank shall not be construed as affecting the validity of the remain-
ing portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
The letter dated July 2, 1962, from the Citizens Research Council of
Michigan, regarding the continuation of the administrative study of the City of
Livonia, was received and placed on file for the information of the Council.
By Councilman Kleinert, seconded by Councilman McNamara and unanimously
adopted, it was
#515-62 RESOLVED that, having considered the letter dated June 25, 1962,
from the Michigan Liquor Control Commission, and the report and recommends-
tion dated July 9, 1962, from the Director of Public Safety in connection
therewith, the Council does hereby approve of the request from Gerald R.
and Ray F. Fracassi for a new SDD license to be held in conjunction with
1962-63 SDK licensed business, which the Michigan Liquor Control Commission's
Page 5537
letter has indicated to be located at 28225 Five Mile Road, Livonia, Michigan;
and the City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission.
By Councilman McNamara, seconded by Councilman Kleinert and unanimously
adopted, it was
#516-62 RESOLVED that, having considered the letter dated April 5, 1962,
from the Michigan Liquor Control Commission, and the report and recommenda-
tion dated June 18, 1962, from the Director of Public Safety, in connection
therewith, the Council does hereby approve of the request from Gaidzag
Hartunian for a new SLM license, which the Michigan Liquor Control Com-
mission's letter has indicated to be located at 31501 Plymouth Road, Livonia,
Michigan; and the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Comamission,
By Councilman Kleinert, seconded by Councilman *McNamara, it was
#517-62 RESOLVED that, having considered the letter dated May 31, 1962,
from the Michigan Liquor Control Commission, and having previously ap-
proved the request of Messrs. Harold H. Gordon and Louis P. Begin for a
new Class C license in Council resolution #210-62, the Council takes no
action in regard to approval of the specific location with respect to this
Class C license; the Council believing that it is not the responsibility
of the local legislative body to approve of specific locations and the
suitability of the same for the operation of Class C licenses, but that it
is properly and legally the responsibility of the Michigan Liquor Control
Commission to determine the suitability of particular premises for such
use; and the City Clerk is hereby requested to forward a copy of this
resolution to the Michigan Liquor Control Commission.
*Councilman McNamara wished it recorded that he supported the motion in order to
speak on the subject.
By Councilman McNamara, seconded by Councilman Dooley, it was
RESOLVED that, the location of the new Class C license for
Messrs. Harold H. Gordon and Louis P. Begin, be tabled.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley and McNamara.
NAYS: Kleinert and Bagnall.
The President declared the resolution denied.
A roll call vote was taken on resolution #517-62, with the following result:
AYES: Kleinert, Dooley and Bagnall.
NAYS: McNamara.
The President declared the resolution adopted.
Page 5538
By Councilman Kleinert, seconded by Councilman McNamara, it was
#518-62 RESOLVED that, the letter dated July 2, 1962, from Mrs. Mary
Cervas, 30588 Grandon, Livonia, Michigan, regarding the posting of signs
for advertising or political purposes on public right-of-ways, is hereby
referred to the Mayor for his disposition.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, McNamara and Bagnall.
NAYS: Dooley,
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman McNamara, it was
#519-62 RESOLVED that, having considered the report and recommendation,
dated June 21, 1962, from the Chief City Engineer, approved by the Mayor
and Director of Public Works, and the attached final construction estimate
also dated June 21 1962, the Council does hereby authorize final payment
in the amount of $4,596.60, to the Shaw Electric Company, 33200 Schoolcraft
Road, Livonia, Michigan, which sum includes the full and complete balance
of $3,926.60 due on a contract dated November 14, 1961, and also a sum of
$670.00 for additional work performed by the aforesaid company in connection
with the installation of underground electrical improvements in the Farm-
ington-Lyndon Park Site, it being the understanding of the Council that
all work under the said contract has been completed in accordance with
City s tandards and specifications, and that the contractor has filed his
declaration that there is no money owing for any labor or material in
connection with the work performed under the said contract; and for this
purpose, the aforesaid sum of $670.00 is hereby transferred from the Un-
allocated Fund to the Farmington-Lyndon Park Site Account; and the City
Clark and City Treasurer are hereby authorized to do all things necessary
or incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
By Councilman McNamara, seconded by Councilman Kleinert, it was
620-62 RESOLVED that, having considered the report and recommendation
dated June 20, 1962, from the Chief City Engineer, approved by the Mayor
and Director of Public Works, the Council does hereby authorize final pay-
ment to the Southeastern Electric Co., 7040 Farnsworth, Detroit 11, Michigan,
of the balance of $1,982.64 owing on a contract between that company and
the City of Livonia, dated March 27, 1961, for electrical work on the
Carl Sandburg Branch Library, it being the understanding of the Council
that all work under the contract has been completed in accordance with
City standards and specifications and that the contractor has filed his
Page 5539
declaration and final waivers of lien indicating that no money is owing
for any labor or materials in connection with the work under said contract;
and the City Clerk and City Treasurer are hereby authorized to do all
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: Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman McNamara, it was
#521-62 RESOLVED that, having considered the report and recommendation
dated June 20, 1962, from the Chief City Engineer, approved by the Mayor
and Director of Public Works, the Council does hereby authorize final
payment to Mechanical Heat & Cold, Inc., 12300 Hamilton Avenue, Detroit 3,
Michigan, of the balance of $4,982.00 owing on a contract between that
company and the City of Livonia, dated March 27, 1961, for mechanical work
on the Carl Sandburg Branch Library, it being the understanding of the
Council that all work under the contract has been completed in accordance
with City standards and specifications and that the contractor has filed
his declaration and final waivers of lien indicating that no money is
owing for any labor or materials in connection with the work under said
contract; and the City Clerk and City Treasurer are hereby authorized to
do all 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: Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman McNamara, it was
#522-62 RESOLVED that,having considered the report and recommendation
dated June 25, 1962, from the Chief City Engineer, approved by the Mayor
and Director of Public Works, and the attached final construction estimate
dated June 22, 1962, the Council does hereby authorize the final payment
in the amount of $12,561.30 to the Thomas E.Currie Company, 12650 Newburgh
Road, Livonia, Michigan, for half-pavement improvements adjacent to school
and park sites, pursuant to Council resolution #769-61; and the additional
sum of $1,157.20 be and is hereby transferred from the Unallocated Fund
Account to complete this final payment; it being the understanding of
the Council that all work under said contract has been completed in ac-
cordance with City standards and specifications, and that the contractor
has filed his declaration that there is no money owing for any labor or
material in connection with the work performed under the said contract;
and the City Clerk and City Treasurer are hereby authorized to do all
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: Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
Page 5540
By Councilman McNamara, seconded by Councilman Kleinert, it was
#523-62 RESOLVED that, having considered the report and recommendation
dated June 27, 1962, from the Chief City Engineer, approved by the Mayor
and Director of Public Works, the Council does hereby accept the unit
price bid of Iacobelli Construction, Inc., 27319 LaRose, Warren, Michigan,
for installing and constructing sanitary sewer extensions in Merriman Road
for the estimated cost of $11,266.64, based on Engineering Division's
quantity estimates, such having been in fact, the lowest bid received for
this work; and the Mayor and City Clerk are hereby authorized to execute
a contract on behalf of the City of Livonia with the aforesaid bidder 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: Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
By Councilman McNamara, seconded by Councilman Dooley, it was
#524-62 RESOLVED that, having considered the report and recommendation
dated June 27, 1962, from the Superintendent of Operations Division, ap-
proved by the Mayor and Director of Public Works, the Council does hereby
accept the bid of Mr. Herbert Harvey, 17254 Mt. Elliott, Detroit 12, Michi-
gan, for mowing weeds on right-of-way one time, in the amount of $2,390.00,
for 100 miles, such having been the lowest bid received.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman McNamara, it was
#525-62 RESOLVED that, having considered the report and reccmmendation
dated June 27, 1962, from the Superintendent of Operations Division, ap-
proved by the Mayor and Director of Public Works, the Council does hereby
accept the bid of the A & A Asphalt Paving Company, 1045 Haynes Avenue,
Birmingham, Michigan, for supplying the City with bituminous materials at
the submitted price of $7025 per ton; it being the understanding of the
Council that the A & A Asphalt Paving Company, while not the low bidder
is located approximately fifteen miles from the DPW yard, and since the
bid price is based on the City's pick-up of these materials, the differential
in price between the low bid and the second lowest bid would not compensate
the City for accepting the low bid.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
Page 5541
The letter from the Livonia Office of Civil Defense regarding federal
surplus property, was removed from the agenda at the request of the Mayor.
By Councilman Kleinert, seconded by Councilman McNamara, it was
#526-62 RESOLVED that, having considered the report and recommendation
dated July 3, 1962, from the Director of Public Safety, approved by the
Mayor and Budget Director, the Council does hereby accept the bid of
Motorola Communications & Electronics, Inc., 380 Hilton Road, Detroit 20,
Michigan, for supplying the City with one Base Radio Station at the sub-
mitted price of $1,664.74, such having been the lowest bid received for
this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#527-62 RESOLVED that, having considered the petition of certain residents
on Berwick Street, dated July 9, 1962, the Council does hereby grant per-
mission to such residents to hold a "Block Party" on Berwick Street between
Summers and Middleboro on July 21, 1962, from 8:00 p. m., to 12 midnight;
subject to the approval of the Department of Public Safety.
Councilman Kleinert introduced the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 2 AND 26 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE 3.00
OF THE ZONING O_LDINANCE, ORDINANCE NO.60, AS AMENDED,
OF THE CITY OF LIVONIA BY ADDING THERETO SECTIONS
3.329 AND 3.330
THE CITY OF LIVONIA ORDAINS:
Section 1. The reports and recommendations of the City Planning Commission
dated May 11,1962 on Petition No. Z-551, and dated June 6, 1962, on Petition No. Z-553,
having been considered by the Council, the Council hereby adopts said petitions to amend
the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings
heretofore conducted on said petitions are hereby approved.
Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended,
of the City of Livonia, is hereby amended by adding thereto the following sections:
Section 3.329. Petition No. Z-551 submitted by Charles Broombaugh
is hereby granted and the zoning classification of the premises herein-
after described is hereby changed from RUFB to RLA, as requested in said
petition:
Page 5542
The East 1/2 of Lot 18, except the South 160 feet, of Elmwood
Fauns Subdivision, being a subdivision of part of the Northeast
1/4 of Section 2, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan;
and the Northeast 1/4 of Section 2 of the Zoning Map is hereby amended to
conform to the change made in this section.
Section 3.330. Petition No. Z-553 submitted by Daniel Bzovi is hereby
granted and the zoning classification of the premises hereinafter described
is hereby changed from RUFB to C-2 as requested in said petitions
Part of the Northeast i/4 of Section 26, City of Livonia, Michigan,
described as beginning at the Northeast corner of Section 26, thence
South along the East line of said Section, 1316.90 feet to a point;
thence South 89° 491 West 400 feet to the point of beginning; thence
South 89° 491 West 376.54 feet; thence North approximately 916 feet
to the South line of the existing commercial zoning; thence North
89° 561 East 376.54 feet; thence Southroximately 916 feet to the
point of beginning; also known as Items a24A1b2c and 26A2b;
and the Northeast 1/4 of Section 26 of the Zoning Map is hereby amended to
conform to the change made in this section.
Section 3. The attached map designated "Amendment No. 89 of the Zoning Map
of the City of Livonia," showing all of the amendments and changes made in the fore-
going Section 2 of this ordinance is hereby approved, established and made a part
hereof.
Section 4. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section 5. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of any of the
remaining portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
At 9:00 p. m., a recess was called, after which the meeting resumed with
all members present who were named as present in the original roll call.
By Councilman Dooley, seconded by Councilman McNamara and unanimously
adopted, it was
#528-62 RESOLVED that, the 370th regular meeting of the Council of the
City of Livonia be adjourned to 7:00 p. m., July 18, 1962, at which time
this 370 th regular meeting shall reconvene.
Page
The President declared the resolution adopted and the meeting act ourned to
Wednesday, July 18, 1962, the time of this adjournment being 9:18 P. M., July 11, 1962.
" e lark, City Clerk