HomeMy WebLinkAboutCOUNCIL MINUTES 1958-03-17 Page 3313
MINUTES OF THE TWO HUNDRED THIRTY-NINTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On March 17, 1958, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:15 P.M. by the
President of the Council. Councilman Bagnall delivered the invocation. Roll
was called with the following result: Present - Austin T. Grant, Frank O'Neill,
Sydney B. Bagnall, Rudolf R. Kleinert, David L. Jones, Peter A. Ventura, and
John T. Daugherty.
By Councilman Daugherty, seconded by Councilman Ventura and unanimously
adopted, it was
#170-58 RESOLVED, that the Council suspend the rules of procedure
in order to consider a matter not on the agenda upon which certain
persons are waiting to be heard.
Mr. James D. McCuen of 29220 Roycroft Avenue, spokesman for a group
of residents of his street, discussed with Council the matter of road improve-
ments on Roycroft Avenue, east of Middlebelt Road.
By Councilman Daugherty, seconded by Councilman Jones and unanimously
adopted, it was
#171-58 RESOLVED, that the matter of Roycroft Street improvements,
east of Middlebelt, as presented by Mr. James McCuen, 29220 Roycroft
Street, be referred to the Department of Public Works for a report
and recommendation as to the contractor's completion of construction,
and any additional information relative to this proposed improvement;
said report to be made at the Council study meeting of Thursday,
March 27, 1958.
The hour of 8:30 P.M. having arrived, the City Clerk, Marie W. Clark.
opened and read the following bids:
SPRAYER - Department of Parks and Recreation
1. John Bean Division, Food Machinery & Chemical Corp., $ 4,363.77
Lansing, Michigan
Terms: Net 30 days; shipment one week
2. C. E. Anderson Company, Royal Oak, Michigan $ 4,306.88
Terms: 2% 30 days; shipment 30 days
Page 3314
By Councilman Ventura, seconded by Councilman Bagnall and unanimously
adopted, it was
#172-58 RESOLVED, that the bids received for sprayer equipment are
referred to the Parks and Recreation Commission and the Director of
Public Works for a report and recommendation.
With the approval of all members, Council departed from its regular
order of business in order to consider certain matters on which some persons
were waiting to be heard.
The City Clerk, Marie W. Clark, read a letter dated March 17, 1958,
from Carrol Lock, Budget Director, regarding financing of improvements on
Mayfield and Fairfield avenues.
By Councilman Bagnall, seconded by Councilman Ventura, it was
#173-58 RESOLVED, that the Council, after length consideration of
the Engineer's report and estimate of cost for the improvement of
Mayfield and Fairfield avenues between Six Mile Road and Curtis
Road, such improvements being in the nature of road drainage improve-
ments, does herein determine that the City shall participate in each
particular project to the following extent:
(a) Toward the improvement of the above described portion of Mayfield
Avenue, the total cost of such improvement being estimated at
$30,187.81, the City shall contribute $11,769.10, which sum
represents the cost that would have to be borne by the City
in any event to properly maintain and deepen the ditches on
such street in order to provide adequate road drainage; the
balance of the cost of the laterals for storm drainage shall
be borne by the assessment district to be created and spread
on the roll by the City Assessor; and,
(b) Toward the improvement of the above described portion of Fairfield
Avenue, the total cost of such improvement being estimated at
$29,900.98, the City shall contribute $10,144.15 which sum
represents the cost that would have to be borne by the City in
any event to properly maintain and deepen the ditches on such
street in order to provide adequate road drainage; the balance
of the cost of the laterals for storm drainage shall be borne
by the assessment district to be created and spread on the roll
by the City Assessor.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, O'Neill, Bagnall, Kleinert, Jones, Ventura and Grant
NAYS: None
Page 3315
By Councilman Jones, seconded by Councilman O'Neill, it was
#174-58 RESOLVED, that the Assessment Roll covering the improvement
of Mayfield and Fairfield avenues, between Six Mile Road and Curtis
Street, is hereby referred back to the City Assessor for revision of
the assessment rolls in accordance with the aforementioned Resolution
#173-58.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Kleinert, Jones, Ventura and Grant
NAYS: Daugherty and Bagnall
The President declared the resolution adopted.
At 9:15 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
meeting.
Marie W. Clark, City Clerk, read a letter dated March 10, 1958,
addressed to the Council by Mayor William W. Brashear regarding the Civic Center
Site. The President requested that the letter be received and placed on file.
The City Clerk read a letter dated March 14, 1958, addressed to
Councilman Daugherty by Buckingham Village Civic Association regarding Patty Ann
Subdivision. The letter was received and filed with the records on Patty Ann
Subdivision.
Councilman Bagnall read a letter dated March 6, 1958, from White
Brothers, Real Estate Brokers of Waterford, Michigan, said letter containing
three (3) proposals for purchase of 40.26 acres of land southeast of the City
Hail for development of the Civic Center.
At 9:51 P.M. the Vice-President assumed the chair to permit presentation
of a resolution on the matter being discussed by Councilman Grant.
By Councilman Grant, seconded by Councilman Kleinert, it was
Page 3316
RESOLVED that the Mayor, City Attorney, Chairman of the Civic
Center Committee and the City Clerk look into the question of reaching
some form of contractIma agreement which could be made with the
purchasers of property described in the White Brothers' letter dated
March 6, 1958, on what kind of contract we can make, what terms we
can make, and what offer can be made to the City on the Civic Center
property purchase, as per Mr. White's letter of March 6, 1958.
By Councilman Ventura, seconded by Councilman Jones, it was
#175-58 RESOLVED, that any further consideration of the proposal of
White Brothers Real Estate Company be tabled until such time as the
Civic Center Committee has made a full report to Council of the find-
ings of the said Committee during the last fifteen months.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Bagnall, Jones, Ventura and O'Neill
NAYS: Grant and Kleinert
Council President Grant again assumed the chair.
The City Clerk read a letter dated March 17, 1958, from the Unemploy-
ment Study Committee. The President requested the letter received, filed and
spread upon the minutes of this meeting, as follows:
The City Council at its regular meeting held March 10, 1958, adopted
a resolution requesting the Mayor and the City Attorney to cause an
investigation to be made to ascertain as near as possible the number
of unemployed in Livonia. This resolution was adopted because of a
possibility that the Federal government might create certain public
works plans for helping alleviate the unemployment situation. The
Mayor, by letter of March 14, 1958, addressed to the attention of
this office, stated that this was an emergency matter, requiring
immediate attention, and the appointment of a Steering Committee.
Pursuant to the above-mentioned resolution and the request of the
Mayor, a meeting of the Steering Committee was held on Sunday,
March 17, 1958, Those present at the meeting are as follows:
Peter A. Ventura Charles Walker
John T. Daugherty William N. Ponder
William J. Duffy Robert Greene
Carrol C. Lock
It was determined by the committee that the first matter of business
would be that of selecting a name for the committee and appointing
its officers. The name selected by the committee to be used as its
title is as follows:
TITLE
City of Livonia Unemployment Study Committee
Page 3317
The next order of business was the selection of the officers. They
are as follows:
OFFICERS
Councilman Peter A. Ventura, Chairman
Councilman John T. Daugherty, Co-Chairman
William N. Ponder, Secretary
PURPOSE
The purpose for which this committee was created is to cause an
investigation to be made and a census to be taken of the unemploy-
ment in Livonia, so as to be able to obtain any assistance from the
Federal government that it might render in connection with making
loans available to local governmental units in connection with
unemployment, the Federal assistance being in the nature of a
Federal government loan for local public works projects.
METHODS
It was determined by the committee that the following methods would
be used in an effort to gain a true and accurate census of the
unemployed in Livonia.
(a) Publication and Local Newspapers: It was thought that one of
best methods to be used in determining the unemployed would be
by inserting a coupon in the two local newspapers. This coupon
would request certain information as to name, address, last
place of employment, how long unemployed, and whether or not
the unemployed person had used up all of his unemployment
benefits. Committeeman Robert Greene is in charge of this phase
and will cause the coupon to be published in this week's local
newspapers.
(b) Michigan Employment Security Commission: It was also determined
to contact Mr. Max Horton, director of the Michigan Employment
Security Commission, and obtain from his records the number of
Livonia residents who have been drawing unemployment compensation.
It was thought that he could give us the information of the
number of Livonia residents who had been getting compensation
from the various Commission offices surrounding Livonia. The
secretary of the committee, Mr. William N. Ponder, is to obtain
this information.
(c) Labor Unions: Another method to be used in an effort to obtain
a true census of the unemployment situation within the City is to
contact the various labor unions in order to obtain from their
records the number of unemployed persons who are members of their
union and who reside within the City. Committeeman Charles Walker
is to work with the various locals and obtain this information.
Page 3318
The committee felt that the above enumerated methods would give an
accurate picture of the number of unemployed persons residing within
the City. This information will be assimilated by the committee as
soon as possible and will be used to establish a basis for seeking
the above-mentioned assistance of the Federal government, if and
when such assistance is made available. The committee is expected
to meet again on Sunday, March 23, 1958.
Councilman O'Neill was excused at 10:03 P.M. and returned at 10:08 P.M.
By Councilman Jones, seconded by Councilman Daugherty and unanimously
adopted, it was
#176-58 RESOLVED, that whereas the City of Livonia is one of the
most rapidly growing areas in the State, and
WHEREAS, the entire City is a part of the Rouge River Drainage
Basin, an area of 467 square miles in Southeastern Michigan, and
WHEREAS, the Wayne County Board of Road Commissioners has on file
a Report on Floods on the River Rouge prepared by E. F. Brater and
C. O. Wisler, consulting hydraulic engineers of Ann Arbor, Michigan,
under date of August, 1957, and
WHEREAS, certain recommendations in the Engineering report would,
if put into effect, reduce the very serious flood hazard in the
Rouge Basin and result in great saving in life and property, and
WHEREAS the residents of the City of Livonia in the recent past
have been victims of serious property losses by storm, water and
floods, and
WHEREAS, the City has been forced to spend public funds to rebuild
roads and other public improvements because of flood damage, and
WHEREAS, the Wayne County Drain Commissioner, Mr. Henry V. Herrick,
has received a letter (August 9, 1957) in which general procedures
of Drain Code of 1956 are outlined, and
WHEREAS, Chapter 20 and 21 of the 1956 Drain Code relates to projects
on inter-county drains, like the Upper Rouge Basin that drains Livonia,
and that are necessary for the public health of a community, and
WHEREAS, under new legislation the Red Run Drain and the Clinton
River Spillway drain, both of which are inter-county drains in
Oakland and Macomb counties, were improved and financed and/or
constructed and financed with the participation of the Federal
government under provision of the said drain law, and
WHEREAS, the United States Corps of Engineers is completing a two
year study of the Rouge Basin,
Page 3319
Now, THEREFORE, be it resolved that the City Clerk is requested to
obtain copies of above-mentioned reports (River Rouge Drainage Basin
from the Board of County Road Commissioners, and the Wayne County
Drain Commissioners), and
RESOLVED, further, that these reports and any other pertinent data
from these sources be referred to the Sewer Committee of the City
Council, and the Board of Sewer and Water Commissioners, and
FURTHER RESOLVED that both commissions make a study of all said
reports and data, and that proper resolutions be recommended to the
City Council to effect the best possible program to protect the
people of the City of Livonia from further loss of life and property
caused by storm water and floods in the Rouge Basin, and
Be it RESOLVED that, the City Clerk forward a copy of these resolutions
to the Wayne County Drain Commissioner, Henry V. Herrick, and
Congresswoman Martha W. Griffiths.
By Councilman Bagnall, seconded by Councilman Ventura, it was
#177-58 RESOLVED, that pursuant to the letter dated February 19,
1958, from the Board of Wayne County Road Commissioners wherein they
refer to a tentative agreement arrived at in connection with the final
acceptance of the Sanitary Sewer System in Zone 5 of the City of
Livonia, and pursuant to the report and recommendation of the Director
of Public Works dated March 17, 1958, in connection with the acceptance
of such sanitary sewer, the City of Livonia does hereby accept the
sanitary sewer in Zone 5 of the Livonia Sewer Project, but only for
the purpose of placing such sewers in operation, making connections
thereto and carrying out the provisions of all ordinances pertaining
thereto, but without any waiver whatsoever of any present or future
rights or claims as to defects, damages or performance of contracts
and providing further that the acceptance contained herein is made
expressly subject to all of the conditions and requirements set forth
in the communications listed above, including:
(1) That the contractor post a $10,000.00 cash bond with the County
of Wayne to cover all minor repairs, adjustments and clean up
for one (1) year following final acceptance; and,
(2) That the surety continue the full amount of the performance bond
($507,406.00) so that same is in effect for the term of one (1)
year following the final acceptance to cover any and all work
that might become necessary in connection with said sewer system;
and further that the acceptance contained herein is made subject to the
contractor and its surety giving to the City of Livonia, by proper
agreement and/or bond, adequate assurance and guarantee that all defects
in workmanship and construction of such sanitary sewer that are known
or become known within one (1) year from the date of final acceptance,
including all of those defects heretofore known to be existing, will
be fully corrected and remedied by the contractor and/or surety as
their direct responsibility and obligation, such agreement and/or bond
to be approved of as to form by the Department of Law.
Page 3320
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, O'Neill, Bagnall, Kleinert, Jones, Ventura and Grant
NAYS: None
By Councilman Ventura, seconded by Councilman Daugherty, it was
#178-58 RESOLVED, that pursuant to the recommendation of the Water
and Sewer Board dated March 3, 1958, the Council does herein approve
of the Water Budget dated March 3, 1958, for the fiscal year commencing
March 1, 1958, and extending through February 28, 1959, with the
exception of that item on page 4 of the aforementioned Water Budget
entitled "Storage Building 100x180' n, in the amount of $43,000.00,
which shall be deleted; and the Budget Director will submit to the
City Council and the Water and Sewer Board a complete breakdown of
all personnel and distribution of labor included in said budget.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, O'Neill, Bagnall, Kleinert, Jones, Ventura and Grant
NAYS: None
Marie W. Clark, City Clerk, read a letter dated March 4, 1958, from
David F. Meinzinger regarding sanitary sewers in Merriman Estates Subdivision.
By Councilman Daugherty, seconded by Councilman Jones, it was
#179-58 RESOLVED, that the matter of installation of sanitary sewers
in Merriman Estates Subdivision is referred to the Water and Sewer
Committee of the Council for a meeting with the residents of the area
and a report is to be made to the Council at its study meeting of
March 27, 1958.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, O'Neill, Bagnall, Kleinert, Jones and Ventura
NAYS: Grant
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Bagnall, and unanimously
adopted, it was
#180-58 RESOLVED, that whereas the Board of Wayne County Road
Commissioners on February 20, 1958, adopted the following resolution:
WHEREAS, this Board did on the 16th day of September, A.D. 1921,
by proper resolution, take over jurisdiction of Wayne Road in
the Township of Livonia (now City of Livonia) and in the Township
Page 3321
Nankin, from the north limits of the Village of Wayne northerly
to Plymouth Road, which resolution was duly published and served
in accordance with the statute in such case made and provided;
and
WHEREAS, the widening and changing of Wayne Road in the City of
Livonia and the Township of Nankin, Wayne County, Michigan,
extending from the vicinity of its intersection with Parkgrove
Drive northerly to a point approximately 300 feet north of Joy
Road is necessary to accommodate present and future traffic
conditions;
NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby
declare and determine, and it is hereby declared and determined,
that it is necessary to widen and change said Wayne Road in the
City of Livonia and the Township of Nankin, Wayne County,
Michigan, extending from the vicinity of its intersection with
Parkgrove Drive, northerly to a point approximately 300 feet
north of Joy Road, and that said improvement is a necessary
public improvement for the use and benefit of the public;
BE IT FURTHER RESOLVED, that this Board does hereby declare an d
determine, and it is hereby declared and determined, that it is
necessary to take the fee to private property located in the
County of Wayne for the making of said public improvement in
accordance with the plans on file in the office of this Board;
BE IT FURTHER RESOLVED, that the attorney for this Board is
hereby authorized and directed to institute condemnation proceed-
ings against the owners and other parties in interest to acquire
the fee to property necessary for the making of such public
improvement, all in accordance with the statute in such case
made and provided, said private property being described as follows:
Land in the City of Livonia , Wayne County, Michigan,
described as:
ALSO: That part of the Southwest 1/4 of Section 33, T. 1 S.,
R. 9 E., City of Livonia, Wayne County, Michigan, described
as commencing at the Northwest corner of Section 4; T. 2 S.,
R. 9 E., of Nankin Township, Wayne County, Michigan; thence
S. 89° 12. 25tt E., 1260.89 feet along the north line of
aforesaid Section 4 to a point of beginning; thence continuing
along the aforesaid northerly line S. 89° 12' 25" E., 56.46
feet; thence N. 00° O1' 35" W., 248.78 feet; thence N. 88°
14' 55" W., 60.02 feet to a point in the existing center line
of Wayne 'Plead; thence along the aforesaid center line of
Wayne Road S. 00° 01' 35" E., 207.25 feet; thence S. 04° 47' 30"
E., 42.73 feet to the point of beginning. The above described
parcel is entirely within the aforesaid Southwest 1/4 of
Section 33, City of Livonia, and is subject to the rights of
the public in the existing Right-of-Way of Wayne Road.
Containing 0.152 acre, more or less.
Page 3322
ALSO: That part of the Southwest 1/4 of Section 33, T. 1 S.,
R. 9 E., City of Livonia, Wayne County, Michigan, described
as commencing at the Northwest corner of Section 4, T. 2 S.,
R. 9 E., Nanking Township, Wayne County, Michigan; thence
S. 89° 12' 25" E. along the northerly line of said Section 4,
1197.33 feet to a point of beginning; thence N. 00° Olt 35"
W., 299.63 feet; thence S. 89° 48t 25" E., 60.00 feet to a
point in the existing center line of Wayne Road; thence S.
00° 011 35" E. along the center line of Wayne Road 256.77
feet; thence S. 04° 47' 30" E., 42.73 feet to a point in the
northerly line of aforesaid Section 4; thence N. 89° 12' 25"
W. along the northerly line of aforesaid Section 4, 63.56 feet
to the point of beginning. The above described parcel is
entirely within the aforesaid Southwest 1/4 of Section 33,
City of Livonia, and is subject to the rights of thepublic
in the existing Rights-of-Way of Wayne Road and Joy /Road.
Containing 0.165 acre, more cr less.
NOW, THEREFORE, BE IT RESOLVED, that consent be and hereby is granted
to the Board of County Road Commissioners of the County of Wayne,
Michigan, to take by eminent domain under the provisions of Act 149
of the Public Acts of 1911, as last amended, private property in the
City of Livonia described in the foregoing resolution adopted by said
Board of County Road Commissioners of the County of Wayne, Michigan,
on Thursday, February 20, 1958, declaring and determining the taking
of said private property for the making of a certain necessary public
improvement, to-wit: The widening and changing of Wayne Road in the
City of Livonia and Township of Nankin, Wayne County, Michigan,
extending from the vicinity of its intersection with Parkgrove Drive
northerly to a point approximately 300 feet north of Joy Road.
By Councilman Ventura, seconded by Councilman O'Neill, it was
#181-58 RESOLVED, that pursuant to the request of the Bureau of
Inspection dated January 20, 1958, and approved by the Mayor and
Budget Director on February 20, 1958, and having also considered the
specific recommendation and comments of the Budget Director dated
March 10, 1958, the Council does hereby approve and authorize the
hiring of an additional plumbing inspector, provided that such employe
shall not be hired before March 31, 1958, and provided further that
the sum of $4,556.00 is hereby transferred from the Unallocated Fund
to Bureau of Inspection Account No. 1-P (Salaries) and that $400.00
be transferred from the Unallocated Fund to Bureau of Inspection
Account No. 5 (Car Allowance).
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, O'Neill, Bagnall, Kleinert, Jones, Ventura and Grant
NAYS: None
Page 3323
The letter dated March 7, 1958, received from Rodney C. Kropf,
Assistant City Attorney, pursuant to Resolution #768.57, was received by the
Council and filed.
By Councilman Bagnall, seconded by Councilman Daugherty and unanimously
adopted, it was
#182-58 RESOLVED, that in accordance with the recommendation of the
Traffic Commission dated February 7, 1958, the Council does herein
instruct the Department of Law to prepare an amendment to the Traffic
Ordinance, Ordinance No. 21, of the City of Livonia that would prohibit
U•-Turns on Plymouth Road from Inkster Road to the intersection of
Ann Arbor Road.
By Councilman Daugherty, seconded by Councilman Ventura and unanimously
adopted, it was
#183-58 RESOLVED, that the Mayor and Council of the City of Livonia
does hereby go on record as opposing the passage of the Harris-O'Hara
gas bill, which if passed, would remove the gas producers' prices
from Federal Control, and would be an added burden to the already
burdened income of the consumers of natural gas.
BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded
to the Honorable Martha W. Griffiths, United States Representative
in Congress for the 17th District, and to the Honorable Charles Potter
and Patrick McNamara, United States Senators, Washington, D. C.
The report of the Municipal Court for the month of February, 1958,
was received and placed on file.
By Councilman Daugherty, seconded by Councilman Jones, it was
#184-58 RESOLVED, that Resolution #165-58, adopted by the Council
at its meeting of March 10, 1958, approving the plat and establishing
the bond in Sunny Acres Subdivision, is hereby rescinded, and a
notation to that effect shall appear in the official minutes of the
238th regular meeting with Resolution #165+58, it appearing that such
action is inconsistent with and contrary to Section 3.03 of Article III
of the City Planning Commission "Regulations Governing the Subdivision
of Land Within the City of Livonia; and Providing for the Enforcement
Thereof;" which said section requires that "the final or record
subdivision plat shall be submitted to the Commission within one (1)
year after approval of the preliminary plat; otherwise the approval
of the preliminary plat shall become null and void unless an extension
of time is applied for and the application is granted by the Commission";
and it appearing that said tentative plat was approved by the City
Planning Commission on February 5, 1957, and more than one year having
elapsed since such tentative approval without an application having
been made to the Commission for an extension thereof; and it further
appearing that such tentative plat had become null and void because
of the aforesaid reasons prior to the submission of the same to the
Council and its action thereon.
Page 3324
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, O'Neill, Bagnall, Kleinert, Jones, Ventura and Grant
NAYS: None
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Bagnall and unanimously
adopted, it was
#185-58 RESOLVED, that the minutes of the 238th regular meeting of
the Council of the City of Livonia held on March 10, 1958, are hereby
approved as submitted.
By Councilman Jones, seconded by Councilman Daugherty and unanimously
adopted, it was
#186-58 RESOLVED, that there is hereby established a Plat Committee
of the Council consisting of Councilmen to be appointed by the
President of the Council.
The President thereupon appointed the following members of the Plat
Committee of the Council: Councilman David L. Jones, Chairman; Councilman
Rudolf R. Kleinert, and Councilman John T. Daugherty.
On motion of Councilman Bagnall, seconded by Councilman Ventura and
unanimously adopted, this 239th regular meeting of the Council of the City of
Livonia was duly adjourned at 11:00 o'clock P.M., March 17, 1958.
)//'
Marie W. Clark, City Clerk
LB,