HomeMy WebLinkAboutCOUNCIL MINUTES 1961-12-11 Page 5107
MINUTES OF THE THREE HUNDRED FIFTY-SECOND REGULAR MEETING
OF THE COUNCIL OF TdE CITY OF LIVONIA
On December 11, 1961, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President of the Council at
approximately 8:38 P. M. Councilman Kleinert delivered the invocation. Roll was
called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty,
William N. Ponder, Rudolf R. Kleinert, Austin T. Grant and James R. McCann.
Absent-- *Jack Salvadore.
By Councilman Ponder, seconded by Councilman Kleinert and unanimously
adopted, it was
#867-61 RESOLVED that, the minutes of the 351st regular meeting of the
Council of the City of Livonia, held December 4, 1961, are hereby approved.
By Councilman Daugherty, seconded by Councilman Kleinert, it was
#868-61 RESOLVED that, having considered the letter dated November 28,
1961 from Angelo DiPonio requesting the extension of a sanitary sewer on
Merriman Road north of the C & 0 Railroad tracks, the Council does hereby
supplement its resolution #847-61, adopted on December 4, 1961, so as to
include within the proposed sanitary sewer project described in such
resolution, an additional sewer line on Merriman Road as shown on the map
prepared by the Engineering Division and dated November 17, 1961; and the
City Clerk is hereby requested to forward a certified copy of this
resolution together with said map to the Board of County Road Commissioners
of Wayne County, and also to Miller, Canfield, Paddock and Stone, bonding
counsel.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Ponder, Kleinert, Grant, McCann, Daugherty and Bagnall.
NAYS: None.
*Councilman Jack Salvadore arrived at 8:45 P. M.
By Councilman Ponder, seconded by Councilman Grant, it was
RESOLVED that, the Council does herein determine that it is
necessary to locate, establish and construct enclosed drains in the
Southeast 1/4 of Section 2 of the City of Livonia, T. 1 S., Ry 9 E.,
Wayne County, Michigan; the description of the project is as follows:
An enclosure in Melvin Avenue and Melvin Avenue extended from
the Tarabusi Creek to Seven Mile Road, thence easterly in
Seven Mile Road approximately 50 feet, thence northerly adjacent
Page 5108
to the east line of Melvin Avenue extended to St. Martins
Street with an arm in St. Martins Street extending easterly
approximately 350 feet to the North Branch of the Bell Creek
and an arm in St. Martins Street extending westerly to
Purlingbrook Street and the Branch of the North Branch
of the Bell Creek.
An enclosure commencing at the Branch of the North Branch
of the Bell Creek in Middlebelt Road and proceeding thence
northwesterly in the drainag easement in the Sunset Hills
Subdivision to a point approximately 650 feet west of the
centerline of Middlebelt Road and the north line of the
Sunset Hills Subdivision, thence north to Clarita Avenue,
thence west in Clarita Avenue to the Branch of the North
Branch of the Bell Creek;
the estimated cost of such project is $ 770,000.00 and the plan prepared
by Hubbell, Roth (Sc Clark, Inc., dated November 7, 1961, and entitled
"Proposed Melvin Outlet Project" is hereby made a part of this resolution
by this reference, and the Council does herein also determine that such
project shall be constructed and financed under the provisions of Chapter
20 of Act 40 of the Public Acts of 1956, as amended, and that the entire
cost of such project will be assessed at large against the City except
that portion representing drainage benefits to pub lie highways of the State
or County of Wayne, and the Office of the Wayne County Drain Commissioner
is hereby requested to prepare and submit to this Council all necessary
and proper resolutions and petitions required by the aforementioned Act
in conne ction with the proposed project in order that the same may be
properly reviewed and considered by the City Council and thereafter adopted
and executed, and the City Clerk is hereby requested to immediately trans-
mit certified copies of this resolution together with the plan referred
to herein to the Office of the Wayne County Drain Commissioner and the
legal firm of Miller, Canfield, Paddock and Stone, all subject, however,
to the condition that the Council not take any further action in establish-
ing said dis trio t until such time as Mr. Klein sha 11 submit to the Council
concrete evidence that such shopping center is capable of producing taxable
revenue to the City in an amount necessary to retire the necessary bond
issue in connection therewith.
The President relinquished the chair to the Vice President at 8:52 P. M., to speak
on the motion and resumed the chair at 8:55 P. M.
By Councilman Salvadore, seconded by Councilman Daugherty, it was
#869-61 RESOLVED that, the request of George R. Klein for enclosing
certain drains in the Southeast 1/4 of Section 2 be tabled and the
Engineering Division requested for a report and recommendation thereon.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvadore, McCann, Daugherty and Bagnall.
NAYS: Ponder and Grant.
The President declared the resolution adopted.
Page 5109
The President relinquished the chair to the Vice President at 9:23 P. M.
By Councilman Bagnall, seconded by Councilman Daugherty and unanimously
adopted, it was
#870-61 RESOLVED that, the Budget Director is hereby requested to pre-
pare and submit to the Council a report and summary indicating the
fo llowing:
1) an estimate of future principal and interest debt requirements
which will become due on an annual basis over the period of com-
mitted municipal bond obligations; and
2) an estimated projection on an annual basis of total valuation
figures for the City; and
3) an estimate of the millage that will be required annually in
the future to retire such bond indebtedness on the basis of such
estimated assessed valuations.
By Councilman Bagnall, conded by Councilman McCann and unanimously
adopted, it was
#871-61 RESOLVED that, the matter referred to in the Klein & Shenkman
letter dated November 6, 1961, relative to the enclosing of certain
drains located in the Southeast 1/4 of Section 2 be referred to the
Engineering Division for a report as to what portion of the cost would
be applied to
(a) the present completed development;
(b) future development; and
(c) the proposed shopping center.
The President resumed the chair at 9:2, P. Moj at which time a recess
was called, after which the meeting resumed with all members present itho were named
as present in the original roll call, except Councilman Salvadore who returned at a
later time.
The President relinquished the chair to Councilman McCann at 9:47 P. M.,
and was excused.
By Councilman Kleinert, seconded by Councilman Ponder, it was
#872-61 RESOLVED that, having considered the report of the Department
of Law, dated November 28, 1961, the Council does hereby authorize that
department to re-negotiate the land contract dated September 5, 1958, by
Page 5110
and between the City of Livonia and Joseph R. Leemon, the assignee of the
original vendor, Theodore I. Crantz, the re-negotiated contract to extend
the remaining term of the contract for an additional five-year period and
to include $5,000.00 reduction of the remaining principal obligation as of
July 1, 1961, and the Department of Law is hereby requested to do all
things necessary or incidental to the full performance of this resolution;
and the Mayor and City Clerk are hereby authorized to execute for and on
behalf of the City the re-negotiated contract referred to and authorized
herein.
Councilman Jack Salvadore returned at 9:48 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Kleinert, Grant, Salvadore and McCann.
NAYS: Daugherty.
The Chairman declared the resolution adopted.
By Councilman Ponder, seconded by Councilman Salvadore, it was
#873-61 RE3OLVED that, having considered the request dated November 1,
1961, from the Library Commission, and pursuant to Section 18 of Ordinance
No. 216, as amended, the Council does hereby authorize the payment of
$25.00 per month to be paid to each member of the Library Commission,
Traffic Commission, and the Industrial Commission as reimbursement for
automobile expenses incurred as a result of City business.
Councilman Bagnall returned at 9:49 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Kleinert, Grant, Salvadore, *Bagnall, Daugherty and McCann.
NAYS: None.
*Councilman Bagnall abstained from voting which is recorded as a Yes vote under
the provisions of Ordinance No. 27, as amended.
The Chairman declared the resolution adopted.
The President resumed the chair at 9:50 P. M.
By Councilman Ponder, seconded by Councilman Grant and unanimously
adopted, it was
#871 -61 RESOLVED that, having considered the report and recommendation
of the City Planning Commission, dated December 1, 1961, in regard to
Petition No. Z-528 submitted by Charles Allen on behalf of W. & M. Mangold
for change of zoning in the Southwest 1/L of Section 1 from RUFB to C-2,
the Council does hereby concur with the recommendation of the City Plan-
ning Commission and the said Petition No. Z-528 is hereby granted and
witn an invitation to
ol.iicers of Local 192, AFSC&ME, AFL-CIO to be present and present
any additional information pertinent to this matter to the Council; and
the members of the Civil Service Commission are requested to be present
at this meeting on December 13, 1961.
Page 5112
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#878-61 RESOLVED that, having considered the letter dated November 30,
1961 from the Department of Law regarding a certain proposed park site
adjacent to the Grandview School, comprising approximately 5.2.0 acres
including parcels 02C31 through and including parcel 02C)40, the Council
does hereby request the Assessing Department for a report indicating:
1) the present assessed value of such property; and
2) a fair market value appraisal of such property.
By Councilman McCann, seconded by Councilman Ponder, it was
#879-61 RESOLVED that, having considered the report and recommendation
dated November 22, 1961 from the Director of Public Safety, approved by
the Mayor and Budget Director, the Council does hereby accept the bids of:
1) Bill Brown Sales, Inc., 32222 Plymouth Road, Livonia, Michigan,
for supplying the City with
6 Marked Vehicles @ $2,280.8)4 each - $13,685.04
3 Unmarked 11 @ 2,18/4.54 " 6,553.62
Li Unmarked " @ 1,981.07 1,981.07
$22,219.73
less 8 Vehicles to be traded in 5_,609.00
Net Total $16,610.73
2) Tennyson Chevrolet, Inc., 32570 Plymouth Roads Livonia,Michigan,
for supplying the City with one (1) Pick Up Truck at the submitted
bid price of $1,605.00;
such bids having been in fact the lowest bids received for these respective
items; and for this purpose the Council does hereby- transfer the sum of
$216.00 from the Contractual Services Account of the Police Division Budget
to the Capital Outlay Account of such Budget.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Kleinert, Grant, Salvadore, McCann, Daugherty and Bagnall.
NAYS: None,
By Councilman Ponder, seconded by Councilman Grant, it was
#880-61 RESOLVED that, all bids for tractor received on November 7, 1961,
be and hereby are rejected and the Department of Public dorks is requested
to readvertise for new bids for this equipment.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Kleinert, Grant, Salvadore, McCann and Daugherty.
NAYS: Bagnall.
The President declared the resolution adopted.
Page 5113
Councilman Salvadore was excused at 10:16 P. M.
By Councilman Grant, seconded by Councilman Daugherty, it was
#881-61 RzSOLVDD that, having considered the report and recommendation
of the Superintendent of Operations Division, dated November 30, 1961,
approved by the Director of Public Works and the Mayor, the Council does
hereby accept the bid of Garwood Detroit Truck Equipment, 21083 Mound Road,
Warren, Michigan, for supplying the City with one (1) Gar Wood 300-0T-19
Trailer for the submitted price of $4,099.00, such bid having been in fact
the lowest bid received for this item; the appropriation for such purchase
has been made in the 1960-61 budget.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Kleinert, Grant, McCann, Daugherty and Bagnall .
NAYS: None.
By Councilman Ponder, seconded by Councilman Kleinert, it was
#882-61 RESOLVED that, having considered the report and recommendation
of the Superintendent of Operations Division, dated November 29, 1961,
approved by the Director of Public Works and the Mayor, the Council does
hereby accept the respectively and like bids of the Morton Salt Company,
10335 Flora, Detroit 17, Michigan, and the International Salt Company, Inc.,
626 Buhl Building, Detroit 26, Michigan, for supplying the City with Rock
Salt at the submitted bid prices of $7.10 per ton, delivered, such having
been in fact the lowest bids received for this material; and the Director
of Public Works is herein directed to divide the purchases of rock salt as
equally as possible between the aforementioned bidders and to do all other
things necessary or incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Kleinert, Grant, McCann and Bagnal_l.
NAYS: Daugherty.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#883-61 RESOLVO) that, the bids for rock salt as contained in the letter
of November 29, 1961 from the Department of Public Works, be referred to
the Anti-Trust Division of the Department of Justice for consideration as
to possible collusion in view of the historical circumstances a) ncerning
bids for this item.
By Councilman Ponder, seconded by Councilman McCann, it was
#884-61 RESOLVED that, having considered the report and recommendation
of the Superintendent of Operations Division, dated November 29, 1961,
a I ki Li•
NAYS: None.
The recommendation of the Engineering Division regarding bids on Whitcomb
Page 5115
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Kleinert, Grant, McCann, Daugherty and Bagnall.
NAYS: None.
By Councilman Ponder, seconded by Councilman Kleinert, it was
#887-61 RESOLVED that, having considered the report and recommendation of
the Chief City Engineer, dated November 29, 1961, approved by the Director
of Public Works and the Mayor, the Council does hereby amend Item No. 3 of
resolution #545-61, adopted on August 14, 1961, so as to reduce the bond
for remaining improvements in Lyndon Meadows Subdivision No. 4 to $10,000.00
of which at least $1,000.00 shall be in cash; and the City Clerk is herein
authorized to do all things reasonably necessary or incidental to the full
performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Kleinert, Gran% McCann, Daugherty and Bagnall.
NAYS: None,
By Councilman Ponder, seconded by Councilman Kleinert, it was
#888-61 RESOLVED that, having considered the report and recommendation of
lw. the Chief City Engineer, dated November 29, 1961, approved by the Director
of Public Works and the Mayor, the Council does hereby amend Item No. 3 of
resolution #792-61, adopted on November 13, 1961, so as toreduce the bond
for remaining improvements in Lyndon Meadows Subdivision No. 5 to $51600.00
of which at least $1,000.00 shall be in cash; and the City Clerk is herein
authorized to do all things reasonably necessary or incidental to the full
performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Kleinert, Grant, McCann, Daugherty and Bagnall.
NAYS: None.
By Councilman Ponder, seconded by Councilman Grant, it was
#889-61 RESOLVED that, having considered the report and recommendation
of the Director of Public Works, dated July 17, 1961, regarding the ac-
quisition of premises at 31145 West Eight Mile Road, Livonia, Michigan, and
having also considered the fact that the City has rented such property on
a month to month basis, since December 31, 1959, at a rental of $400.00
per month, the Council does hereby authorize the acquisition of such
property on land contract for a purchase price of $48,750.00, provided,
however, that the total of such previously paid rent shall be entered on
such land contract as the down payment, and that the payment of the balance
of the purchase price shall be in monthly installments of $400.00 including
interest at the rate of 6% per annum on the unpaid balance; and in regard
to the above, the Council does hereby incorporate by this reference the
communication dated April 22, 1960 from the owner of such property and does
Page 5116
hereby execute the option granted therein to the City of Livonia; and the
Department of Law is hereby instructed to do all things necessary or in-
cidental to the full performance of this resolution, and the Mayor and
the City Clerk are herein authorized to affix their signatures to the land
contract for and on behalf of the City of Livonia.
Councilman Salvadore returned at 10:27 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Kleinert, Grant, Salvadore, McCann, Daugherty and Bagnall.
NAYS: None.
By Councilman McCann, seconded by Councilman Salvadore, it was
#890-61 RESOLVED that,having considered the recommendation of the
Parks and Recreation Commission, dated November 18, 1960, the offer from
Gordon-Begin Real Estate, Inc., 15944 West McNichols Road, Detroit 35,
Michigan, dated April 19, 1961, and the further report and recommendation
of the Department of Law, dated October 26, 1961, the Council does hereby
authorize the acquisition of the following parcels of property:
1) a parcel of property approximately 7 acres in area in Section
24 and adjacent to the site of the Harrison School, such property
to be purchased on land contract for a total purchase price equal-
ing $6,500.00 per acre to be paid as follows:
down payment of $14,000.00 with the balance of the purchase
price to be paid in quarterly installments over a period of
ten (10) years, each quarterly payment to be equal to 140th
of the said balance plus interest at the rate of 6% per
annum on the unpaid balance; and
2) a parcel of property approximately 10 acres in area in Section
24 adjacent to the site of the Adams School, such property to be
purchased on land contract for a total purchase price equaling
$7,000.00 per acre to be paid as follows:
down payment of $10,000.00 with the balance of the purchase
price to be paid in quarterly installments over a period of
ten (10) years, each quarterly payment to be equal to 1/40th
of the said balance plus interest at the rate of 6% per
annum on the unpaid balance;
and the Department of Law is hereby instructed to prepare land contracts
pertaining to the acquisition of the aforesaid properties on the terms
indicated herein and submit the same to the Council.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Ponder, Kleinert, Grant, Salvadore, McCann, Daugherty and Bagnall.
NAYS: None.
Page 5117
By Councilman Salvadore, seconded by Councilman Daugherty, it was
ibm #891-61 RESOLVED that, having considered the report of the Department of
Law, dated December 5, 1961, submitted pursuant to resolution #805-61,
and having considered also the form of land contract attached thereto
which sets out the terms and conditions upon which Lloyd S. Gullen and
Annie A. Gullen, his wife, will convey to the City of Livonia certain
property known as "Quaker Acres," the Council does hereby approve of and
authorize the purchase of the following property:
The West 160.0 feet of the East 355.0 feet of the South 290.0
feet of the E. 1/2 of the W. 1/2 of the S. E. 1/4 of Section 4,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan,
(located at 34004 Seven Mile Road, Livonia, Michigan, and
known as "Quaker Acres");
upon all of the terms and conditions provided in the said form of land
contract, and for a total purchase price of $23,550.00 to be paid as
follows:
down payment of $3,550.00 with the balance of $20,000.00 to be
paid in monthly installments of not less than $200.00 commencing
on January 1, 1962, which monthly payment shall include interest
at the rate of 6% per annum on the unpaid balance, with the
entire purchase money and interest to be fully paid within eight
(8) years from the date of such contract;
and the Department of Law is hereby authorized to do all other things
necessary or incidental to the full performance of this resolution, and
the Mayor and City Clerk are herein authorized to affix their signatures
to such land contract for and on behalf of the City of Livonia) and for
this purpose the sum of $5,850.00 is hereby transferred from the Middlebelt
Road Paving Account of the Capital Improvement Account to the Quaker Acres
Account of the Capital Improvement Account.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Grant, Salvadore, McCann and Daugherty.
NAYS: Kleinert and Bagnall.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman McCann, it was
#892-61 RESOLVED that, the Department of Law is hereby requested to
prepare a form of ordinance which would limit the speed of trains traveling
through the City of Livonia to 35 mph until such time as proper gates have
been erected on all roads which intersect with the railroad right-of-way,
and to submit such form of ordinance to the Council for its consideration.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert,Grant„ Salvadore, McCann, Daugherty and Banal.
NAYS: Fonder.
The President declared the resolution adopted.
Page 5118
By Councilman Kleinert, s econded by Councilman Ponder and unanimously
adopted, it was
#893-61 RESOLVED that,having considered the verbal report and recom-
mendation of the special committee appointed by the Mayor, the Assistant
Director of Public Works is hereby requested to prepare and submit a
report and recommendation for purchasing or leasing necessary accounting
machines and equipment, such machines and equipment to be wired for possible
punched tap output, that will enable the Water and Sewer Division to
continue its operations using present forms and procedures; pending further
study and recommendation as to possible realignment of accounting procedures
and the use of improved data recording techniques.
The following resolution was offered by Councilman Kleinert and supported
by Councilman Daugherty:
#894-61 WHEREAS, the City Treasurer has indicated by his December 8, 1961
communication to the Council that the Bank of Livonia and the National Bank
of Detroit would be willing to act as collecting agents for the City during
the tax collection periods, namely December 1, 1961 to January 19, 1962,
for City, School and County taxes, and such service would be performed for
the City without charge to the City and individual taxpayer; and
WHEREAS, such service would be a great convenience to the tax-
paying public; be it
RESOLVED that, this Council does hereby approve aid designate the
Bank of Livonia and the National Bank of Detroit situated in the City of
Livonia as the authorized collecting agents of the City Treasurer for the
collection of the taxes during the period each year as above set forth;
provided, however, that the collections made by each bank on every day that
such collections are made, shall be reported to and accounted for, to the
City Treasurer on the next business day by payment of the funds so
collected and the delivery of duplicate copies of the receipted tax bills
as issued by the banks, on the condition that all such collections shall
be done without cost to the City and individual taxpayer; be it further
RESOLVED that, such banks are hereby authorized to stamp the
Treasurer's name on such tax receipts for and on behalf of said officers;
be it further
RESOLVED that, the foregoing agency agreement be continued until
terminated by either party thereto on giving ten days ' notice to the
opposite party at its last known post office address prior to the date
the termination is to be eflective; be it further
RESOLVED that, the foregoing agency agreement shall not become
binding upon the parties hereto until an agreement in writing setting
forth the foregoing terms shall be entered into and signed by a
responsible officer of the bank as agent and by the City Treasurer for
and on behalf of the City.