HomeMy WebLinkAboutCOUNCIL MINUTES 1961-01-23 Page 4661
MINUTES OF THE THREE HUNDRED TWENTY-SEVENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On January 23, 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 6:35 P. M. Councilman Grant 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, Jack Salvadore and James
R. McCann. Absent-- None.
By Councilman Kleinert, seconded by Councilman Ponder and unanimously
adopted, it was
#27.61 RESOLVED that, the minutes of the 326th regular meeting of the
Council of the City of Livonia held January 9, 1961, are hereby approved.
By Councilman Daugherty, seconded by Councilman McCann, it was
RESOLVED that, the Assistant City Attorney, Mr. Charles Pinto,
be assigned by the Mayor to represent the view as stated in a letter of
January 23, 1961, from Councilman John T. Daugherty, to take legal action
against the County Assessor, and the City Assessor, and any other parties
thereto, based upon existing inequities and the equity of the formula used
for the assessment.
By Councilman Kleinert, seconded by Councilman Grant, it was
#28-61 RESOLVED that, the request of Couhcilma.n Daugherty to take legal
action against the County Assessor and City Assessor be tabled until the
next regular meeting of the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: McCann and Daugherty.
The President declared the resolution adopted.
At 9:10 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 of this
meetings except Councilman McCann who returned at a later time.
The letter from the Mayor, dated January 9, 1961, regarding compensation
for the Director of i'ublic Safety, was removed from the agenda.
Page 4662
Councilman McCann returned at 9:26 P. M.
By Councilman Kleinert, seconded by Councilman Grant and unanimously
adopted, it was
#29.61 RESOLVED that, the following matters are hereby referred
respectively for report and recommendation to the following boards
and committees:
(a) The report of the Water and Sewer Board dated January 12, 1961,
submitted pursuant to resolution #517-60, regarding the proposed
Middle Rouge Drainage District is hereby referred to the Water Supply,
Drainage, Sewage and Waste Disposal Committee of the Council;
(b) The letter dated January 4, 1961, from the Wayne County Board of
Public Works regarding the financing of such sewage disposal system
is hereby referred to the Water Supply, Drainage, Sewage and Waste
Disposal Committee of the Council; and
(c) The Water and Sewer Board is hereby requested to review the
existing method of preparing water bills and to submit a report
recommending methods of billing which might be more easily under-
stood by water users.
By Councilman Kleinert, seconded by Councilman Salvadore and unanimously
adopted, it was
#30-61 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer dated January 9, 1961, approved of by the Mayor
and the Director of Public Works, and the plan dated November, 1960, en-
titled "Study of Project 7" prepared by Hubbell, Roth & Clark, and it being
the determination of the Council that the drainage improvement referred to
and described therein is necessary for the public health of the City of
Livonia, the Council does herein determine that it is necessary to locate,
establish, construct and enclose that portion of the drain referred to and
described in the aforementioned communication and plan, the estimated cost
of which is $75,000.00, and the Council does herein also determine that
such project shall be constructed and financed under the provisions of
Chapter 20, Act 40 of the Public Acts of Michigan, 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 public highwa4Ys
of the State or County of Wayne, and further 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 afore-
mentioned Act in connection with the proposed project as soon as is
possible in order that the same may be properly adopted and executed; and
the City Clerk is hereby requested to immediately transmit certified copies
of this resolution to the Office of the Wayne County Drain Commissioner aid
the legal firm of Miller, Canfield, Paddock and Stone, together with a
copy of the communication and plan first referred to above.
By Councilman Daugherty, seconded by Councilman Grant and unanimously
adopted, it was
Page 4663
#31-61 RESOLVED that, having considered the request dated December 10,
1960, from certain residents of Newburgh Estates Civic Association, and
the report and recommendation from the Director of Public Safety dated
December 26, 1960, the Council does herein authorize and request the City
Clerk to make application to The Detroit hdison Company, on forms provided
by such company, for the installation of a street lamp of suitable lumen
strength to be installed at the intersection of Newburgh Road and Grantland
Street, such intersection being located in the City of Livonia* it being
the determination of the Council that such intersection requires lighting
in order to protect the public safety of the residents of this community.
By Councilman Kleinert, seconded by Councilman Ponder and unanimously
adopted, it was
#32-61 RESOLVED that, the Council having adopted resolution #655-60 at
its regular meeting held on November 14, 1960, requiring the City Engineer
to ascertain the assessed valuation of all property affected by the pro-
posed improvement of Brookfield Avenue between Plymouth Road and West
Chicago Road in the N. W. 1/4 of Section 34, City of Livonia, by the in-
stallation of concrete pavement and curbs, the number of parcels which
show tax delinquencies, the number of parcels owned by public authorities,
the number of parcels which are vacant, and to prepare or cause to be
prepared, plans and specifications therefor and an estimate for the cost
thereof, and to file the same with the City Clerk together with his recom-
mendation 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
land which should be included in the proposed special assessment d is trict,
and it appearing to the Council that all of such information, estimate,
plans and specifications and recommendations have been properly filed by
the City Ehgineer with the City Clerk under date of January 12, 1961, and
that there has been a full compliance with all of the provisions of
Section 6 of Ordinance No. 31, as amended, entitled "An Ordinance to
Provide for the Making of Public Improvements, Defraying the Expense
Thereof by Special Assessment and a Special Assessment Procedure," the
Council does hereby set Thursday, March 2, 1961, at 8:00 P. M., as the date
and time for a public hearing on such proposed improvement, which public
hearing shall be held before the Council in the City Hall, 33001 Five
Mile Road, Livonia, Michigan, pursuant to Sections 8 and 9 of said Or-
dinance No. 31, as mended, and the City Clerk is hereby authorized to
give notice and publication of such hearing as is required by Section 7
of this ordinance.
An Ordinance to Establish the Sessions for the Municipal Judge; the Hours
and Place of Holding Court; to Provide for the Regulation of Hearing Dates; to
Establish Jurisdiction of Civil Actions; and to Provide for the Appointment and
Compensation of a Substitute Municipal Judge, introduced on January 9, 1961, by
Councilman Ponder, was taken from the table and a roll call vote conducted thereon
with the following results
Page 1664
AYES: McCann, Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
The President declared the Ordinance duly adopted and would become effective on
publication.
An Ordinance Amending Section 11.02 of Article 11.00 of Ordinance No. 60,
as amended, entitled "Zoning Ordinance of the City of Livonia," introduced on
January 9, 1961, by Councilman Daugherty, was taken from the cable and a roll call
vote conducted thereon with the following results
AYES: McCann, Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
The President declared the Ordinance duly adopted and would become effective on
publication.
By Councilman Salvador e, seconded by Councilman McCann and unanimously
adopted, it was
#33-61 RESOLVED that, the following matters are hereby referred
respectively for report and recommendation to the following boards,
committees and departments:
1. The letter from the Senior Citizens Club of Livonia dated
January 9, 1961, regarding larger and safer quarters in which
to meet is referred to the Capital Improvement Committee of the
Council;
2. Letter from the Beverly Gardens Civic Association dated January ii,
1961, regarding transportation of children to Bryant Junior High School
is referred to the School Board and City Council Joint Committee,
and to the Engineering Division of the Department of Public Works;
3. Letter from the Livonia Public Schools, dated January 9, 1961,
regarding the unfinished half of Huboard Road from Bretton Drive to
Pembroke is referred to the School Board and City Council Joint
Committee;
I . Letter from the Mayor dated January 17, 1961, regarding application
of Alfred H. Smith for position of Industrial Coordinator is referred
to the Finance Committee;
5. The communicajion from Rooert Sasser dated January 5, 1961, regard-
ing program for Industrial Development is referred to the Finance
Committee; and
Page 4665
6. The proposed Ordinance amending Ordinance No. 12, and the proposed
Ordinance regarding Civil Defense, both submitted by the Department of
Law on January 18, 1961, are hereby referred to the Legislative Com-
mittee.
The letter from Fairview Hills, Inc., dated January 10, 1961, regarding
sewer ban removal and the letter dated January 10, 1961 from the Wayne County Drain
Commissioner regarding status of drainage projects in the City of Livonia were re-
ceived and placed on file for the future reference of the Council.
By Councilman Daugherty, seconded by Councilman Salvadore, it was
#34-61 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer dated January 12, 1961, approved of by the Mayor
and the Director of Public Works, the Council does herein authorize payment
to the Contractors General Company, 14744 Fenkell, Detroit 27, Michigan,
of $15,338.09, which sum represents the final payment and balance due on
a contract by and between that company and the City of Livonia dated
October 27, 1959, for the construction of Fire Station No. 3 at Seven Mile
Road and Farmington Road, it appearing from the aforementioned report that
all work has been satisfactorily performed and completed in accordance
with the plans and specifications, rules and regulations of the City of
Livonia, and that the Contractor has filed with the City the required
Declaration, Affidavit and Surety Release, and the Director of Public
Works, City Clerk and City Treasurer are herein authorized to do all things
necessary to the full performance of this resolution; provided, haaever,
that such release is subject to payment by Contractors General of the sum
of $66.26 to the Water Department of the City of Livonia for water used
on the job.
A roll call vote was taken on the foregoing resolution with the following results
AYES: McCann, Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
By Councilman Grant, seconded by Councilman McCann and unanimously
adopted, it was
#35-61 RESOLVED that, having considered the request from William P.
Lindhout, Architect, dated January 12, 1961, with respect to the nature
and extent of City improvements in the proposed Tall Trees Subdivision
to be situated in the N. E. 1/4 of Section 8, City of Livonia, and pursuant
to the provisions of the Plat Ordinance, Ordinance No. 135, as amended,
particularly Section 13 thereof, the Council does hereby authorize the
installation of streets with stone base and asphaltic concrete to a width
of 27 feet on Curtis Avenue and to a width of 24 feet on the cul-de-sac,
as shown on the proposed plat; provided, however, that this departure
from the provisions of the aforementioned Plat Ordinance is subject to
the final approval of construction specifications by the Engineering
Division of the Department of Public Works.
Page 4666
By Councilman Grant, seconded by Councilman Ponder and unanimously
adopted, it was
#36-61 RESOLVED that, having considered the recommendation of the City
Planning Commission dated January 6, 1961, on Petition V-58 in regard to
the vacating of the alley located at the rear of Lots 103 through 143,
inclusive, and Lots 186 through 205, inclusive, of the Garden Grove Sub-
division in the Northwest 1/4 of Section 10, the Council does hereby
concur with such recommendation and Petition V-58 is hereby approved and
the Department of Law is requested to prepare a vacating ordinance in
accordance with this resolution.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#37-'1 RESOLVED that, having considered the report and recommendation
of the City Planning Commission dated January 6, 1961, in regard to
Petition Z-) 82 submitted by Clarence Charest for change of zoning in the
Northwest 1/4 of Section 12 from RUFB to R 1-A, the Council does hereby
concur in said recommendation and said Petition Z-482 is hereby approved,
and the Department of Law is instructed to prepare an ordinance amehding
Ordinance No. 60 in accordance with this resolution.
By Councilman Salvadore, seconded by Councilman McCann and unanimously
adopted, it was
#38-61 RESOLVED that, having considered the report and recommendation
of the City Planning Commission dated January 17, 1961, in regard to Petition
Z-1i85 submitted for change of zoning in the Northeast 1/4 of Section 31
from R-1-A to PS, the Council does hereby deny such request and the said
Petition Z-485 is hereby denied for the following reasonss
(1) that the requested zoning is not in harmony with the existing
zoning and uses of the surrounding community;
(2) that the uses permitted in the requested zoning district would
or would be likely to interfere with the peaceful use and enjoyment
of the nearby existing residential properties; and
(3) that the Council hereby determines that there is sufficient
commercial zoning at this particular location to suit the present
needs.
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
#39-61 RESOLVED that, the letter from the Budget Director dated Decem-
ber 12, 1960, setting out certain proposed specifications for legal
advertising is hereby referred to the Department of Law for the preparation
of a proper ordinance in regard thereto.
Page 4667
Councilman Salvadore introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 5.02 OF ARTICLE 5.00
OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING
ORDINANCE OF THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 5.02 of Article 5.00 of Ordinance No. 60, as amended,
entitled "Zoning Ordinance of the City of Livonia," is hereby amended to read as
follows:
Section 5.02. Uses Permitted. In all R-1 Districts no building or
land, except as otherwise provided in this ordinance, shall be erected or
used except for one or more of the following specified uses:
(a) One family dwellings.
(b) Churches, public schools, public libraries and private educa-
tional institutions when approved by the City Planning Commission.
(c) Municipally owned and operated parks and playgrounds, available
for use by the residents of the City of Livonia.
(d) Temporary buildings for uses incidental to construction work,
which buildings shall be removed upon completion or abandonment of
the construction work.
(e) Church or public building bulletin boards, not exceeding ten (10)
square feet in area, and temporary signs not exceeding six (6) square
feet in area appertaining to the lease, hire or sale of a building or
premises which sign shall be removed as soon as the premises are leased,
hired or sold; provided, however, that not more than one (1) temporary
non-illuminated subdivision sign pertaining to the sale or rental of
premises being developed on which it is maintained, and having an
area of not more than three hundred (300) square feet nor more than
ten (10) square feet for each lot within the subdivision of less than
thirty (30) lots, may be erected; and, provided further, that said
sign shall not exceed twelve (12) feet in height above ground and
shall be removed upon completion and occupation of buildings.
(f) Gardening, and the growing of vegetables, fruits, flowers,
shrubs and trees,provided such use is not operated for profit.
(g) The raising of fowl and rabbits may be allowed on temporary
permit to be issued by the City Planning Commission following a
public hearing, provided that such fowl or rabbits are so housed,
fenced or otherwise kept that their use will not constitute a nuisance.
(h) Accessory buildings or uses customarily incident to any of the
above permitted uses, when located on the same or adjoining lot and
not involving any business, profession, trade or occupation. One
private garage for each residential lot in which there is housed not
Page 1. 668
more than three (3) other vehicles, not more than one (1) of which
may be a commercial vehicle, shall be considered a legal accessory
use; provided, however, any such commercial vehicle shall not exceed
one and one-half (1-1/2) ton capacity, and shall be kept housed
within a garage when not in use; and, provided further, that no moving
vans shall be housed in private garages.
(1) Community buildings, country clubs, fraternal lodges, or similar
civic or social clubs, (but not a residential club, or a club operated
as a commercial enterprise) , after approval by the City Planning
Commission.
(j) The use of open land for privately owned and operated parks,
picnic groves, golf courses, or similar facilities for outdoor
exercises and recreation, which may or may not be operated for profit,
provided such use does not impair the natural appearances of such land
or tend to produce noise or annoyance to surrounding properties, shall
be permitted only after approval by the City Planning Commission.
(k) The use of open land for a privately owned and operated neighbor-
hood, community or club swimming pool when the owner or owners are all
bona-fide residents of the City of Livonia and such use can comply
with the following requirements:
(1) The use shall be erected and located on a satisfactory-
site
atisfactorysite that is at least two (2) acres in area;
(2) Front, side and rear yards snail each be at least twenty (20)
feet wide;
(3) The pool, nor any part thereof, shall not be constructed
within fifty (50) feet of any existing public street right-of-
way;
(14) The pool, nor any part thereof, shall not be constructed
within three hundred (300) feet of any existing residence;
(5) Off-street parking facilities shall be provided on the
premises to accommodate one-quarter (1/14) of the total member
families and/or individual members of the organization con-
structing the pool;
(6) A parking and traffic plan showing the planned provision
for parking and ingress and egress for pedestrian and motor
vehicle traffic approved by the Folice and Fire Departments
shall be filed with the Bureau of Inspection as a condition
precedent to the issuance of the permit;
(7) All front, side and rear yards of the premises shall be
landscaped with trees, shrubs and grass;
(8) A landscaping plandand time schedule approved by the Parks
and Recreation Department shall be filed with the Bureau of
Inspection as a condition precedent to the issuance of the
permit;
Page 4669
(9) Buildings erected on the premises in connection with such
use shall in no case exceed one (1) story in height except where,
as a result of the peculiar topography of the premises, a lower
level can be constructed entirely below the grade of the public
street abutting or adjacent to such premises, in which case the
same shall be permitted; and lighting facilities erected on the
premises shall not exceed twenty (20) feet in height;
(10) A storm water plan, approved by the Engineering Division of
the Department of Public Works, shall be filed with the Bureau
of Inspection as a condition precedent to the issuance of a
permit in those cases where storm sewers are not available, or
if available the capacity is not ample to service the pool
facilities;
(11) As a condition precedent to the issuance of a building
permit for such pool, there shall be on file in the office of
the Bureau of Inspection the written consent of sixty per cent
(60%) of all residential property owners within a radius of
three hundred sixty (360) feet of any part of the premises
whereon the proposed pool facilities are to be constructed
and operated;
and provided further, that such use complies with all other applicable
rules, regulations and ordinances of the City of Livonia. In order
that the Bureau of Inspection might properly determine whether or not
the requirements provided herein have and can be complied with, there
shall be filed with the Bureau of Inspection: a certified copy of the
Articles of Incorporation and By-Laws of the private swimming pool
club or organization; a plot plan drawn to scale showing the location
of the premises on which the private swimming pool and related re-
creational facilities are to be situated, and showing also the
dimensions and area of such proposed area, and the location of all
residences and other buildings, structures and public streets within
one thousand (1,000) feet of such premises as measured from each of
the property lines of the property site; and a separate develop-
mental plan of the proposed site showing the size and location of
all facilities to be situated thereon, and the size and location of
all front, rear and side yards and the length, width and location of
all driveways and parking facilities to be located on the proposed
site. For the purpose of this ordinance, the term "neighborhood,"
"community" or 'club" pool shall mean that the pool is owned and
operated by a private swimming club or similar organization for the
sole end exclusive use of its members of such club, their families
and guests.
(1) Publicly-owned buildings, public utility buildings, telephone
exchanges, transformer stations and substations, after approval by
the City Planning Commission, as being not injurious to the surround-
ing neighborhood and in accord with the spirit and purpose of this
ordinance.
(m) The storage or parking or use of moving vans, automobile
trailers, trailer coaches, bus or street car bodies, or similar
Pace 4670
dwellings, tourist cabins, or tents, shall not be allowed or con-
sidered a legal accessory use in an n.-1 District. This shall not
prohibit the storage of one (1) unoccupied house trailer, which is
the property of the occupants.
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 holding shall not be construed as afi ecting 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.
Councilman Kleinert introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP OF THE
CITY OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING
ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF
LIVONIA, BY ADDING THERETO SECTION 3.290.
THE CITY OF LIVONIA ORDAINS:
Section 1. The reports and recommendations of the City Planning Commission
dated April 20, 1959, on Petition No. Z-363, as amended, having been considered by
the Council, the Council hereby adopts said petition to amend the Zoning Ordinance
and the Zoning Map of the City of Livonia, and all proceedings heretofore conducted
on said petition are hereby approved.
Section 2. Article 3.00 of the Zoning Ordinances Ordinance No. 60, as amended,
of the City of Livonia, is hereby amended by adding thereto the following sections
Section 3.290. Petition No. Z-363, as amended, submitted by Ben F.
and Irene Pollock is hereby granted and the zoning classification of the
premises described in said amended petition is hereby changed from RUFB to
PS for the north 60 feet of the south 91 feet of Lot #I26, and
C-2 for the north 180 feet of Lot #1425 and the south 31 feet of
Lot #1426,
as requested in said amended petition and the Southwest 1/14 of Section 1
of the Zoning Map is hereby anended to conform to the change made in this
section.
Section 3. The attached map designated "Amendment No. 71 of the Zoning Map
of the City of Livonia," showing all of the amendments and chgnges made in the fore-
going Section 2 of this ordinance is hereby approved, established and made a part
hereof.
Section 14. 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.
Page 1;671
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.
Councilman Daugherty introduced the following Ordinance:
AN ORDINANCE VACATING T ORTIONS OF STRLr.T,
ALLEY AND PUBLIC GROUND.
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission
dated January 3, 1961, on Petition No. V-57 for vacating a certain alley having been
considered and it appearing that a public hearing thereon was duly held on November 22,
1960, as provided by law and that proper notices of such hearing were given, the
Council does herein determine to grant the request contained in said petition.
Section 2. Pursuant to Ordinance No. 29 of the City of Livonia, entitled
"An Ordinance providing the Procedure for Vacating of Streets, Alleys and Public
Ground," as amended by Ordinance No. 50, the following portion of a certain alley
is hereby vacated:
The alley described in Petition No. V-57 and being more
particularly described as the alley 20 feet in width running
east and west between Arcola Alranue and Inkster Road and
adjoining Lots 135 thro ;h 116, inclusive, on the North
and adjoining Lots 117 and 320 on the South of New Detroit
Subdivision situated in the Northeast 1/4 of Section 36,
T. 1 S., R. 9 E., City of Livonia, Wayne County, M4chigan;
provided, however, that there be and he reby is reserved an
easement for public utilities the full width of the existing
alley.
Section 3. 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 4. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the Validity 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.
By Councilman Grant, seconded by Councilman Salvadore and unanimously
adopted, it was
Page 4672
#40-61 RESOLVED that, having considered the letter from the Chief City
Engineer dated January 13, 1961, approved by the Mayor and Director of
Public Works, and having reviewed the attached plans and specifications
for the proposed library building, the Council does hereby acknowledge its
approval of the same and authorizes the Engineering Division of the Depart-
ment of Public Works to advertise for and receive bids for the construction
of the proposed library building as soon as it is reasonably possible, and
to do all other things reasonably necessary to the construction of the
said building; provided, however, that the sub-contractors will be named
by the general contractor when the bids are made.
By Councilman Daugherty, seconded by Councilman Grant and unanimously
adopted, it was
#41-61 RESOLVED that, the City Council, Mayor and Civil Service Com-
mission having conducted a meeting on January 16, 1961, which meeting was
called for the purpose of discussing the establishment of more adequate
means of communication between such parties, and all parties having agreed
that the adoption of Civil Service Rules and Regulations may in some cases
result in increased financial obligations on the City of Livonia, the City
Council does therefore take this means to indicate to the Civil Service
Commission its desire that the City Council and Mayor be notified in
writing prior to the adoption by the Civil Service Commission of any rule
or regulation that will or will be likely to cause an increased annual
expenditure of funds; and that such notice be given in sufficient time so
that the Mayor and City Council will have adequate time in which to con-
sider the same and submit to the Civil Service Commission their remarks,
comments or recommendations, as the case may be; and further, the
representatives of the Civil Service Commission in attendance at such
meeting having verbally agreed to this policy, the City Council does now
request that ccncurrence with this policy be acknowledged by a proper
amendment to the Civil Service Rules and Regulations.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#42-61 RESOLVED that, in accordance with the discussion at a meeting
with the Civil Service Commission and Mayor on January 16, 1961, the
Council does hereby:
(1) Request the Civil Service Commission to prepare and submit to
the City Council in the near future a comparison schedule showing
the extent of and relationship retween "fringe benefits" provided by
existing Civil Service regulations of this City and those provided by
the Civil Service policies of other communities; and
(2) Request that the Civil Service Commission arrange for Mr. Eugene
Mathivet, Wayne County Civil Service Director, to meet with the Civil
Service Commission, Finance Committee of the Council, City Attorney
and Budget Director to discuss the provisions of the existing rules
and regulations; and
(3) Request that the Budget Director prepare a schedule indicating
Page 4673
the cost to the City of Livonia of all existing "fringe benefits"
provided to employees by the existing rules and regulations of the
Civil Service Commission; and
(4) Request that the Civil Service Commission, with the assistance of
the Budget Director, proceed to review the existing employee insurance
plum and cost thereof (life, sickness, accident and health); that the
Civil Service Commission then decide whether or not a revision of such
plan or a change of insurer is indicated; and, if so, to prepare
specifications, advertise and receive bids for the most adequate and
economical employee insurance plan.
By Councilman McCann, seconded by Councilman Grant and unanimously
adopted, it was resolved that
#43-61 WHEREAS, it appears that a certain portion of Harrison Road
extending a distance of one-half (1/2) mile north from Five Mile Road in
the Southeast 1/4 of Section 13 has been used as a road to a width of
thirty-three (33) feet by the public for upwards of ten (10) years and that
the same has received some maintenance at public expense by the Township
of Livonia and the City of Livonia, and
WHEREAS, that certain portion of Harrison Road referred to im-
mediately above is the East thirty-three (33) feet of Harrison Road as
measured from the quarter section line separating the Southeast and South-
west one-quarters of Section 13, more particularly described as the molest
thirty-three (33) feet of Parcel M8a, 8b, 9a, 9b, the West thirty-three (33)
feet of Parcel M8c, 9c and the West thirty-three (33) feet of Parcels M10
through M32, inclusive; and
WHEREAS, it is provided by the M.S.A. 9.21 that "all roads that
shall have been used as such for ten (10) years or more, whether any
records or other proof exists that they were ever established as highways
or not . . . shall be deemed public highways," and it having also been
determined by the Michigan Supreme Court that "a highway by user becomes
such to the width and extent used";
NOW, THEREFORE, bE IT RESOLVED that, the East thirty-three (33)
feet of Harrison Road, measured from the quarter section line dividing
the Southwest and the Southeast one-quarters of Section 13, is hereby
officially incorporated in the public street system of the City of Livonia;
and the Department of Public Works is herein authorized to report the same
to the Michigan State Highway Department as a City street in the apropriate
category and to perform the usual work with respect to the care and main-
tenance thereof; and the City Clerk is hereby instructed to transmit
certified copies of this resolution to the Wayne County Bureau of Taxation,
Board of Wayne County Road Commissioners, City Treasurer, the Michigan State
Highway Department, and to cause a copy of this resolution to be recorded
with the Register of Deeds for the County of Wayne.
The report of the Municipal Court for the month of December, 1960, was
received and placed on file.
Page 4674
By Councilman Daugherty, seconded by Councilman Salvadore, it was
44-
# 61 RESOLVED that
WHEREAS, pursuant to due and proper notice published and mailed
to all property owners in Special Assessment District No. 12, for the
paving of Levan Road between Plymouth Road and Schoolcraft Road in Section
29 in the City of Livonia, as requil ed by the provisions of the City Charter
and Ordinance No. 31, as amended, of the City of Livonia, a public hearing
thereafter having been held thereon on January 18, 1961, at 9:00 o'clock
P.M., at the City Hall, 3300 . Live Mile Road, Livonia, Michigan, and the
City Council having duly met and reviewed the special assessments levied
on the special assessment roll prepared by the City Assessor to cover the
district portion of the cost of street improvements to be constructed in
Special Assessment District No. 12; 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 No. 12 in the anount of
$96,349.24 are fair and equitable and based upon benefits derived to the
respective parcels by the construction of the improvements proposed in
said district, in accordance with the plans of the City Engineer and
resolutions of the City Council.
2. Said Special Assessment Roll No. 12 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 b alance of the assessment from the date of confirmation.
In such cases where the installments would be less than ten ($10.00) dollars,
the number of installments shall be reduced so that each installment shall
be above and as near $10.00 as possible. The first installment shall be
due and payable December 1, 1961, and subsequent installments on December
1st of succeeding years.
!;. Pursuant to the provisions of Sections 14 and 17 of Ordinance
No. 31, as amended, the City Clerk shall endorse the date of confirmation
on the assessment roll, and the said assessment roll shall then be im-
mediately transmitted to the City Treasurer who shall then publish notice
as is required by Section 17, and mail assessments tatements to the
respective property owners assessed in manner and substance as provided
by said Section 17. Any 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 1961 City tax
roll in manner required by Section 19 of Ordinance No. 31, as amended,
together with interest upon all unpaid installments from the d ate of
confirmation of the roll to December 1, 1961, and thereafter one install-
ment shall be spread upon each annual tax roll, together with one year's
interest upon all unpaid installments; Provided, however, that when any
Page !}675
annual installment shall have been prepaid in manner provided by said
Ordinance No. 31, either within the sixty-day period as provided by Section
18, or after the expiration of the sixty-day period as provided by Section
21, then there shall be spread upon the tax roll for such year only the
interest upon all unpaid installments.
6. That the Council having determined to pay the entire cost
of improving the intersection of Soho lcraft and Levan Road in said
district, the sum of $5,000.00 is hereby transferred from the Road Improve-
ment Accomt of the Capital Improvement Program to the Special Assessment
District No. 12 Account to cover the cost of said installation; and
further, the Council having also determined that the Ford Motor Company
having agreed with said determination, the latter company shall deposit
a cash payment of $5,000.00 to cover the entire cost of installing certain
driveway approaches, such cash payment to be deposited within thirty (30)
days from the effective date of this resolution and such sum to be deposited,
upon receipt, in the Special Assessment District No. 12 Account.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by C ouncilman Daugherty and unanimously
adopted, it was
#45-61 RESOLVED that, the Chief City Engineer having filed with the
City Clerk a statement dated November 7, 1960, pursuant to directions under
Cound.l resolution #251-60 adopted on May 9, 1960, and in accordance with
the provisions of Section 6 of Ordinance No. 31, as amended, containing a
report with regard to the proposed installation of sidewalks on Alexander
Street between Five Mile Road and Jamison Avenue in the Northwest 1/4 of
Section 24 in the City of Livonia, and a public hearing having been held
thereon on January 18, 1961, after due notice as required by Ordinance
No. 31, as amended, and a careful consideration having b een given to all
such matters including the various objections, comments and observations
of individuals in attendance at such public hearing, the Council does hereby
determine that there is not sufficient necessity for the installation of
sidewalks on Alexander Street between Five Mile Road and Jamison Avenue,
as described above, and therefore all proceedings heretofore taken in
regard to this matter are rescinded.
By Councilman Daugherty, seconded by Councilman Salvadore, it was
#46-61 RESOLVED that, the Base Line Road (Eight Mile Road) Condemnation
Case be referred to the Engineering Division for report and recommendation
to the Council at the next study meeting.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Ponder, Salvadore and Bagnall.
NAYS: Kleinert and Grant.
The President declared the resolution adopted.
Page 1676
By Counci]man Kleinert, seconded by Councilman Grant, it was
#47-61 RESOL ED that, having considered the report and recommendation
of the Budget Director dated January 23, 1961, the Council does hereby
accept the bid from A. B. Dick Company, 3100 E. Jefferson Street, Detroit
Michigan, for supplying the City of Livonia with one (1) Duplicator Offset
Machine including work organizer and receding stacker, at the submitted
price of 43,877.50, such machine to be delivered without"a chain delivery
mechanism," such bid having been in fact the lowest bid received for this
item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
Councilman Kleinert was excused at 10:14 P.M.,for the balance of the meeting.
Councilman Grant offered a resolution, seconded by Councilman Ponder, to
release the bond for Richland Estates Subdivision and President Bagnall declared the
resolution out of order.
On motion of Councilman Salvadore, seconded by Councilman McCann and
unanimously adopted, this 327th regular meeting of the Council of the City of
Livonia was duly adjourned at 10:16 P. M., January 23, 1961.
-<l
e W. Clark, City Clerk
C _ '2