HomeMy WebLinkAboutCOUNCIL MINUTES 1962-04-16 Page 5384
MINUTES OF THE THREE HUNDRED SIXTY-SECOND REGULAR: MEETING
11, OF THE COUNCIL OF THE CITY OF LIVONIA
On April 16, 1962, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President of the Council at
approximately 8:36 P. M. Councilman Kleinert delivered the invocation. Roll was
called with the following result: Present-- Sydney B. Bagnall„ John T. Daugherty,
William E. Parks, Rudolf R. Kleinert, John F. Dooley, Edward H. McNamara and
*James R. McCann, Absent-- None. Also present were: Marie W. Clark, City Clerk;
Alan Walt, City Attorney; Charles J. Pinto, Assistant City Attorney; Charles Trick,
Director of Public Safety; and Carrol Lock, Budget Director.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#264-62 RESOLVED that, the minutes of the 361st regular meeting of the
L Council of the City of Livonia, held on April 9, 1962, are hereby approved.
The President appointed the following Committees:
Finance and Insurance Committee: John T. Daugherty, Chairman
John F. Dooley
James R. McCann
Water Supply, Drainage, Sewage William E. Parks, Chairman
and Waste Disposal Committee: Rudolf R. Kleinert
Edward H. McNamara
Streets, Roads and Plats Committee: John F. Dooley, Chairman
(also: Liaison Committee with Rudolf R. Kleinert
Planning Commission) William E. Parks
School Board and City Council Edward H. McNamara, Chairman
Joint Committee; and Youth Recreation Rudolf R. Kleinert
Committee: James R. McCann
Capital Improvement Committee: Rudolf R. Kleinert, Chairman
Edward H. McNamara
William E. Parks
Legislative Committee: James R. McCann, Chairman
John T. Daugherty
John F. Dooley
Special Homage Committee: John T. Daugherty, Chairman
James R. McCann
Page 5385
By Councilman Kleinert, seconded by Councilman McCann, it was
imo #265-62 RESOLVED that, having considered the report and recommendation
dated March 23, 1962, from the Director of Public Safety, the Council does
herein authorize and request the City Clerk to make application to The
Detroit Edison Company, on forms provided by such company, for the installa-
tion of street lights of suitable lumen strength to be installed at the
following locations in the City of Livonia:
On the north side of Seven Mile Road, 50 feet more or less
west of the east property line of the Carl Sandburg Library;
On the north side of Seven Mile Road, 70 feet more or less
west of the west property line of the Carl Sandburg Library;
On the south side of Seven Mile Road, 170 feet more or less
east of the center of Doris Street;
it being the determination of the Council that such locations require light-
ing in order to protect the public safety of the residents of the community.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Parks, Kleinert, Dooley, McNamara, McCann and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman McNamara, it was
#266-62 RESOLVED that, having considered the report and recommendation
dated March 26, 1962, from the Chief City Engineer and the attached final
construction estimate also dated March 26, 1962, the Council does hereby
authorize final payment in the amount of $6,853.18 to the Novi Building
Service, 44109 Grand River, Novi, Michigan, which sum includes the full
and complete balance of $5,120.58 due on a contract dated October 17, 1961,
and also a sum of $1,732.60 for additional work performed by the aforesaid
company in connection with the installation of storm sewers, sanitary sewers
and water mains in the Farmington-Lyndon Park Site and, for this purpose
the aforesaid sum of $1,732.60 is hereby transferred from the Unallocated
Fund to the Farmington-Lyndon Park Site Account; and the City Clerk and
City Treasurer are hereby authorized to do all things necessary or in-
cidental to the full performance of this resolution; provided, however,
that this authorization is conditioned upon the aforesaid contractor
submitting signed waivers of lien from all sub-contractors and suppliers
prior to final payment.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Parks, Kleinert, Dooley, McNamara, McCann and Bagnall.
NAYS: None.
The letter dated March 12, 1962, from the Water and Sewer Division,
regarding recommendations from the City Auditor, submitted pursuant to resolution
#96-62, was received and placed on file for the information of the Council.
Page 5386
By Councilman McCann, seconded by Councilman Kleinert and unanimously
Ladopted, it was
#267-62 RESOLVED that, the communication dated April 3, 1962, from the
Water and Sewer DivisiLn, regarding a statement for certain services
rendered by the City Auditor, together with the statement attached thereto,
are hereby referred to the Department of Law for its report and recommend-
ation.
By Councilman McNamara, seconded by Councilman McCann and unanimously
adopted, it was
#268-62 RESOLVED that, the communication dated April 4, 1962, from the
Department of Law, submitted pursuant to resolution #717-61, with respect
to the codification of ordinances, be tabled and consideration of this
matter be deferred until such time as the budget for the next fiscal year
is being considered.
By Councilman Dooley, seconded by Councilman Kleinert, it was
#269-62 RESOLVED that, the appraisals submitted by the Department of Law
on the proposed Harrison and Adams park sites are hereby tabled to the next
regular meeting of the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara and McCann.
NAIS: Daugherty and Bagnall.
The President declared the resolution adopted.
By Councilman McNamara, seconded by Councilman McCann, it was
#270-62 RESOLVED that, the Council does hereby accept the Grants of
Easement from the Livonia Public Schools School District, each dated
March 23, 1962, granting to the City of Livonia an easement for a two
year period for ingress and egress over the following described properties:
The West 30 feet of the North 345 feet of the following described
parcel (11G2): The south part measuring 872.40 feet on the west
line and 872.82 feet on the east line of the following described
parcel: The east 11.70 acres of the Northwest 1/4 of Section 11,
City of Livonia, Wayne County, Micligan;
and
The North 30 feet of the following described parcel (11H10a2):
That part of the Northwest 1/4 of Section 11 described as beginning
at a point on the East and West 1/4 Section line distant N. 890
521 50" W. 199.40 feet from the center 1/4 corner of Section 11
and proceeding thence N. 890 521 50 " W. along said line 300 feet;
Page 5387
thence N. 00 5' 50" E. 556.76 feet; thence N. 89° 59' 55" E. 299.98
feet; thence S. 00 5' 50" W. 557.40 feet to the point of beginning;
and provided further, that the City Clerk is hereby requested to forward
the Grants of Easement to the Wayne County Register of Deeds for record-
ing and to do all other things necessary and incidental to the full
performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Parks, Kleinert, Dooley, McNamara, McCann and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Dooley and unanimously
adopted, it was
#271-62 RESOLVED that, the letter dated April 5, 1962, from the Depart-
ment of Law, and the form of Maintenance Agreement attached thereto, are
hereby referred to the Water and Sewer Committee for its report and
recommendation.
*Councilman James R. McCann was excused at 8:50 P. M., for the balance
imor of the meeting.
By Councilman Daugherty, seconded by Councilman McNamara and unanimously
adopted, it was
#272-62 RESOLVED that, the communication dated April 5, 1962, from the
Wayne County Drain Commissioner, and the resolutions attached thereto,
regarding the improvement of the so-called Livonia Drain No. 18, are
hereby referred to the Mayor for his review and comment.
By Councilman McNamara, seconded by Councilman Parks and unanimously
adopted, it was
#273-62 RESOLVED that, having considered the report and recommendation
dated April 3, 1962, from the City Planning Commission in regard to
Petition No. Z-436a submitted by Casimir C.Gawron for change of zoning
in the Southeast 1/4 of Section 31 from C-1 to C-2, the Council does
hereby concur with the recommendation of the City Planning Commission
and the said Petition No. Z-436a is hereby approved and granted; and the
City Planner is hereby instructed to cause the necessary map for publica-
tion to be prepared indicating the zoning change herein approved and to
furnish the same to the Department of Law and, upon receipt of such map,
the Department of Law is requested to prepare an ordinance amending
Ordinance No. 60 in accordance with this resolution.
By Councilman Kleinert, seconded by Councilman McNamara and unanimously
adopted, it was
Page 5388
#274-62 RESOLVED that, having considered the report and recommendation
Ldated March 27, 1962, from the City Planning Commission in regard to
Petition No. Z-546 submitted by David Phipps for change of zoning in the
Southwest 1/4 of Section 33 from RUFB to PS and R-3, the Council does
hereby concur with the recommendation of the City Planning Commission
and the said Petition No.Z-546 is hereby approved and granted; and the
City Planner is hereby instructed to cause the necessary map for publica-
tion to be prepared indicating the zoning change herein approved and to
furnish the same to the Department of Law and, upon receipt of such map,
the Department of Law is requested to prepare an ordinance amending
Ordinance No, 60 in accordance with this resolution.
By Councilman Daugherty, seconded by Councilman Dooley and unanimously
adopted, it was
#275-62 RESOLVED that, having considered the report and recommendation
dated April 3, 1962, from the City Planning Commission in regard to
Petition No. Z-547 submitted by Robert Serota for change of zoning in the
Northeast 1/4 of Secticn 1 from P and RUFB to C-2, the Council does hereby
concur with the recommendation of the City Planning Commission and the
said Petition No.Z-547 is hereby approved and granted; and the City
Planner is hereby instructed to cause the necessary map for publication
to be prepared indicating the zoning change herein approved and to
furnish the same to the Department of Law and, upon receipt of such map,
the Department of Law is requested to prepare an ordinance amending
Ordinance No. 60 in accordance with this resolution.
By Councilman Dooley, seconded by Councilman Daugherty and unanimously
adopted, it was
#276-62 KESOLVED that, having considered the communication dated
March 13, 1962, from William Wilkinson and other residents, regarding
the condition of a portion of the Bell Creek Drain, the Council does
hereby request that the Mayor obtain and thereafter submit to the Council
a report and recommendation from the Engineering Division regarding this
matter.
By Councilman McNamara, seconded by Councilman Kleinert and unanimously
adopted, it was
#277-62 RESOLVED that, having considered the communication from the
Wonderland Shopping Center, dated February 28, 1952, and pursuant to
Section 20.01 of the Zoning Ordinances the Council does hereby request
the City Planning Commission to hold a public hearing and to thereafter
make its report and recommendation to the City Council as to whether or
not the following described property should be rezoned from M-1 to C-2:
L Beginning at a point distant N. 890 49' 46" W. 646.00 feet along
the north line of Section 35, and S. 00 10' W. 60.00 feet from
the Northeast corner of Section 35 and proceeding thence S. 00
10, 1)01 W, 830.00 feet; thence S. 890 49' 46 " E. 593.54 feet;
thence S. 00 18' 53" E. 429.06 feet;thence N. 890 51' 00" W.
Page 5389
1961.33 feet; thence N. 0° 101 14" E. 1259,75 feet; thence S.
890 L.9' 46" E. 13611.15 feet to the point of beginning.
imp By Councilman Kleinert, seconded by Councilman Parks and unanimously
adopted, it was
#278-62 RESOLVED that, having considered the letter dated March 23, 1962,
from the Deborah Hospital, regarding a contemplated fund raising activity,
the Council does hereby take this means to inform such organization that
the City of Livonia has exis ting ordinances regulating this type of
activity and, therefore, refers this organization to the City Clerk and
Livonia Police Department.
By Councilman McNamara, seconded by Councilman Kleinert and unanimously
adopted, it was
#279-62 RESOLVED that, the communication dated March 26, 1962, from
Mr. and Mrs. Edw. M. Johnston, regarding the alleged removal of certain
trees and earth from their property,is hereby referred to the Department
of Law for disposition.
By Councilman Dooley, seconded by Councilman Kleinert and unanimously
adopted, it was
#280-62 RESOLVED that, having considered the communication dated
March 28, 1962, from Mr. and Mrs. Fred H. Apel, regarding the condition
of the Tarabusi Drain, the Council does hereby request that the Mayor
obtain and thereafter submit to the Council a full. report from the
Engineering Division regarding the same.
By Councilman McNamara, seconded by Councilman Daugherty and unanimously
adopted, it was
#281-62 RESOLVED that, the letter dated March 29, 1962, from the Rouge
Building Company regarding an offer to sell a certain playground site in
Burton Hollow Estates Subdivisions #3 and #4, is hereby referred to the
Department of Law for the purpose of obtaining two appraisals on the
current market value of such property together with the assessed valua-
tion of such property.
By Councilman Kleinert, seconded by Councilman Parks and unanimously
adopted, it was
#282-62 RESOLVED that, having considered the recommendation of the
Engineering Division, dated April 5, 1962, regarding the bids received
for the paving of Cardwell, Brookfield and Fairfield Avenues, the Council
does hereby defer action on the same and requests from the Department of
Law a report as to the status on the application to be filed with the
Municipal Finance Commission in connection with the financing of these
projects.
Page 5390
By Councilman Kleinert, seconded by Councilman McNamara, it was
#283-62 RESOLVED that, having considered the report and recommendation
dated March 26, 1962, from the Engineering Division, the Council does
hereby amend Item No. 3 of resolution #18-62, adopted on January 8, 1962,
so as to reduce the bond for remaining improvements in the Kimberly Oaks
Estates Subdivision No. 3 to $130,000.00, of which at least $10,000.00
shall be in cash, to cover the cost of remaining improvements in said
subdivision, and the bond now on deposit with the City, if any, shall
be reduced accordingly and the liability of the bonding company shall
also be limited to said amount; and the City Clerk and City Treasurer
are herein authorized to do all things necessary or incidental to the
full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara and Bagnall.
NAYS: Daugherty.
The President declared the resolution adopted.
By Councilman Dooley, seconded by Councilman Daugherty and unanimously
adopted, it was
#284-62 RESOLVED that, consideration of Idyle Hills Estates Subdivision,
Idyle Hills Estates Subdivision No. 2 and Idyle Wyld Estates Subdivision
No. 3, be and hereby is tabled to the next regular meeting of the Council.
By Councilman Dooley, seconded by Councilman Parks, it was
#285-62 RESOLVED that, having considered the report and recommendation
dated March 20, 1962, from the Director of Public Safety, the Council
does hereby authorize the expenditure of a sum not to exceed the amount
of $60.00 from the Police Department Capital Outlay Account for the pur-
pose of purchasing a polaroid camera.
Aron call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
By Councilman Dooley, seconded by Councilman Kleinert and unanimously
adopted, it was
#286-62 RESOLVED that, the communication dated March 19, 1962, from
the Water and Sewer Board, regarding the proposed Water and Sewer Budget
for the current fiscal year, is hereby referred to the Water and Sewer
Committee of the Council for its report and recommendation.
By Councilman Daugherty, seconded by Councilman McNamara, it was
Page 5391
#287-62 RESOLVED that, having considered the request of the Parks and
Recreation Commission, dated March 19, 1962, with respect to an ap-
propiration for the dance and accordion program and based upon the
comments contained in such letter that the program will be self-sustaining,
the Council does hereby amend the budget for the current fiscal year so
as to add the sum of $15,000.00 to estimated revenue from the Recreation
Dance and Accordion Program and authorizing expenditures not to exceed
such amount from the Recreation Dance and Accordion Account of the
Recreation Division Budget.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman McNamara, it was
#288-62 RESOLVED that, having considered the communication dated Feb-
ruary 28, 1962, from Johnson, Johnson and Roy, and the recommendation
dated March 13, 1962, from the Library Commission, the Council does hereby
accept the offer from Johnson, Johnson and Roy, 106 East Liberty, Ann Arbor,
to prepare a plan for the landscaping of the Carl Sandburg Library for a
total sum of $350.00, and authorizes such firm to immediately prepare and
submit such plan to the City of Livonia.
ilw A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
By Councilman McNamara, seconded by Councilman Daugherty, it was
#289-62 RESOLVED that, having considered the report and recommendation
dated April )4, 1962, from the Superintendent of Operations Division, the
Council does hereby accept the bid of the American Oil Company, P. 0. Box
2858, Detroit 31, Michigan, for supplying fuel oil to the City of Livonia
at the prices outlined in the aforesaid communication, such having been
the lowest total bid received.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Parks, Kleinert,Dooley, McNamara and Bagnall.
NAYS : None.
Councilman Daugherty introduced the following emergency Ordinance:
NO. 370
ik. AN ORDINANCE AMENDING CHAPTER XII OF Oii.DINANCE NO. 1)45,
THE MISDEMEANOR ORDINANCE, BY ADDING THERETO NEW SECTIONS
12.2 AND 12.3 AND RENUMBERING PRESENT SECTION 12.2 TO 12.4
Page 5392
THE CITY OF LIVONIA ORDAINS:
Section 1. An Ordinance amending Chapter XII of Ordinance No. 145, the
Misdemeanor Ordinance, by adding thereto sections 12.2 and 12.3 as follows, and
renumbering present 12.2 to 12.4.
Section 12.2. Pets. It shall be unlawful for any person, firm or
corporation to sell, or offer for sale, barter or give away baby chicks,
rabbits, ducklings, or other fowl as pets or novelties, whether or not
dyed, colored or otherwise artifically treated. This section shall not
be construed to prohibit the display or sale of natural chicks or duck-
lings in proper brooder facilities by hatcheries or stores engaged in
the business of selling the same to be raised for commercial purposes.
Section 12.3. Humane Officer. In the case of any violation of
Section 12.2 of this ordinance, it shall be the duty of any fully ap-
pointed humane officer, peace officer, sheriff or health officer to seize
such fowl or pets and provide the necessary care and attention, and such
fowl or pets shall not be returned until all expenses for such care and
attention shall have been paid.
Section 12.1.. Tampering. Present Section 12.2 renumbered.
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
161. effect.
Section 3. 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.
Section 4. This ordinance is hereby declared to be an emergency ordinance
necessary for the protection of the public health, safety and welfare and shall take
effect immediately on publication.
A roll call vote was conducted on the foregoing Ordinance with the following result:
AYES: Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
By Councilman Dooley, seconded by Councilman McNamara and unanimously
adopted, it was resolved that
#290-62 WHEREAS, many areas adjacent to streams and rivers in the River
Rouge Drainage Basin are subject to intermittent flooding of undetermined
frequency, depth, areal extent and location, and
WHEREAS, due to steadily increasing use of these flood plain
areas for purposes that are vulnerable to flood damage, there is an urgent
Page 5393
need in the River Rouge Basin for a flood plain information study to
ascertain the location, severity and frequency of inundation as a basis
for planning the use and development of flood plains in a manner that
will prevent or reduce flood damages and reduce the future necessity of
costly flood control, and
WHEREAS, the U. S. Corps of Engineers is authorized to conduct
such flood plain information studies upon application by responsible units
of government with the assurance of the applicant that it will fully
publicize the findings of such studies, and
WHEREAS, it is the intent and desire of the City of Livonia to
disseminate any and all information on flood plain studies for the fullest
possible benefit of the people,
NOW, THEREFORE, BE IT RESOLVED that, the City Council of the City
of Livonia hereby endorses the action of the Detroit Metropolitan Area
Regional Planning Commission in making application to Corps of Engineers
for flood plain information studies in our behalf under authority of
Section 206, Public Law 86-6L15, and
BE IT FURTHER RESOLVED that, the Council of the City of Livonia
hereby agrees to preserve and safeguard to the best of its ability, survey
markers, monuments, etc., established in any Federal surveys undertaken
for Section 206 studies or regular surveys in its jurisdiction, as re-
quired by the Corps of Engineers.
ime.
By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
#291-62 RESOLVED that, the letter dated March 30, 1962, from the Civil
Service Commission regarding salary adjustments be tabled and referred to
the Committee of the Whole.
By Councilman McNamara, seconded by Councilman Parks and unanimously
adopted, it was
#292-62 RESOLVED that, the letter dated March 21, 1962, from the City
Planning Lommission, requesting an appropriation of funds for the purpose
of allowing commission members to attend a convention, is hereby referred
to the Mayor for his comment and recommendation.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#293-62 RESOLVED that, having considered the letter from Iacobelli Con-
struction, Inc., dated April 3, 1962, regarding that company's bid for the
Merriman Estates sanitary sewer project, the Mayor is hereby requested to
obtain the report and recommendation of the Engineering Division in con-
nection therewith and to forward the same to the Council for its action.
Page 5394
By Councilman Dooley, seconded by Councilman Kleinert, it was
ibm #294-62 RESOLVED that, Petition No.V-67, submitted by Wilfred T. LaMar
and Aline LaMar, under date of February 13, 1962, to vacate the westerly 30
feet of the West 1/2 of the East 1/2 of the Northwest 1/4 of the Northeast
1/4 of Section 11, also known as Lavaltrie Lane," is hereby referred to
the City Planning Commission for action and recommendation according to law
and Ordinance No. 29.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara and Bagnall.
NAYS: Daugherty.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman McNamara, it was
#295-62 RESOLVED that, the Council does hereby advise all departments
and the Planning Commission that no future petitions relating to zoning,
vacating or other procedures recommended to the Council will be considered
by the Council unless accompanied by suitable maps or other data to
establish the geographical location within the City.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Parks, McNamara and Bagnall.
NAYS: Kleinert and Dooley.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
#296-62 RESOLVED that, the Council does hereby request that the City
Planning Commission obtain in the future affidavits from the proprietors
of preliminary plats indicating compliance with any and all private deed
restrictions which may have been imposed upon the property which is sought
to be approved and included within the proposed preliminary plat.
The President relinquished the chair to the Vice President at 9:30 P. M.
By Councilman Bagnall, seconded by Councilman Kleinert and unanimously
adopted, it was
#297-62 RESOLVED that, the ordinance which would prohibit signs and
other advertising media in public places, is hereby referred to the
Legislative Committee for its report and recommendation.
The President resumed the chair at 9:38 P. M.
Page 5395
By Councilman Daugherty, seconded by Councilman McNamara and unanimously ia
adopted, it was
#298-62 RESOLVED that, having considered the communication dated April 11,
1962, from the Department of Law, regarding emergency ambulance service,
the Council does hereby request the Department of Law to prepare a form
of contract which would provide for the rendering of an emergency ambulance
service to the City of Livonia and to then submit such form of contract to
the Council for its further consideration, together with any recommenda-
tions which such department may have concerning necessary revisions of
Ordinance No. 322, the so-called Ambulance Ordinance.
On motion of Councilman Daugherty, seconded by Councilman Kleinert and
unanimously adopted, this 362nd regular meeting of the Council of the City of
Livonia was duly adjourned at 9:L.O P. M., April 16, 1962.
i
Mari- . Clark, City Clerk