HomeMy WebLinkAboutCOUNCIL MINUTES 1963-03-06 Page 5909
MINUTES OF THE THREE HUNDRED NINETY-NINTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On March 6, 1963, the above meeting was held at the City Hall, 33001 Five
Mile Roads Livonia, Michigan, and was called to order by the President of the Council
at approximately 8:21 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.
Elected and appointed City officials also present: Juanita Hines, Deputy
City Clerk; the Director of Public Works; the Director of Public Safety; the City
Planner; the Chief City Engineer ; the Budget Director; the City Attorney; and the
first Assistant City Attorney.
By Councilman Dooley, seconded by Councilman McNamara and unanimously
adopted, it was
#136-63 RESOLVED that, the minutes of the 398th regular meeting of
the Council of the City of Livonia, held on February 27, 1963, are
hereby approved.
The report dated March 6, 1963, from the Mayor, regarding Ordinance No. 420,
Petition Z-568, wls received and placed on file for the information of the Council.
By Councilman McNamara, seconded by Councilman Parks, it was
#137-63 RESOLVED that, having considered the report and recommendation
dated Mar ch 5, 1963, from the Director of Public Safety, and having con-
sidered also the letter attached thereto, dated March 1, 1963, from Bill
Brown Sales, Inc., to the Budget Director, the Council does hereby accept
the bid of Bill Brown Sales, Inc., 32222 Plymouth Road, Livonia, Michigan,
for supplying the City of Livonia with eight (8) marked vehicles and
three (3) unmarked vehicles for a total price of $18,130.00, plus nine (9)
vehicles to be traded in, such having been in fact the lowest bid received
for these items; and for the purpose of this resolution the sum of $580.00
is hereby transferred from the Police Salary Acct. 184-1 to the Police
Capital Outlay Acct. 175-70 (Auto Replacement).
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall.
NAYS: None.
Page 5910
By Councilman Dooley, seconded by Councilman Daugherty, it was
#138-63 RESOLVED that, the Department of Public Works be and is hereby
authorized to expend the sum of $240.00 to have soil borings made in con-
nection with the contemplated construction of the sanitary sewer extension
to the Schoolcraft College, and that said sum be advanced from the General
Fund, such Fund to be reimbursed when the financing for said project is
completed.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara, McC1nn, Daugherty, Parks and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Dooley, it was
#139-63 RESOLVED that, having considered the report and recommendation
of the Finance Committee and also the recommendations dated January 21,
and Februa'y 21, 1963, from the Director of Public Works, the Council does
hereby approve of the renovation and allocation of space within the City
Hall as shown on:
1) The plan attached to the aforesaid letter dated February 21,
1963, and designated as "File No. 12B-63," and
2) The plan attached to the aforesaid letter dated January 21,
1963, and designated as "File No. 49H-62";
subject to the following revisions thereof:
a) The rest room indicated at the top of Plan 12B-63 (that rest
room proposed to be located closest to the south side of the building)
shall rather be arranged for use as a "Lunch Room" for use by City
employees;
b) Offices shall be arranged for use by the Chief Accountant and
Accountant at the northwest corner of the City Hall building and
immediately to the north of the area set aside for Council use on
Plan 49H-62;
c) An office shall be arranged for use by the Bookkeeper and book-
keeping machine immediately adjacent to and east of the offices to
be allocated to the Chief Accountant and Accountant; and
d) The wall indicated on Plan L9H-62 separating the study session
room from the rooms immediately to the south thereof shall be deleted;
and
provided further, that in connection with the renovation and allocation of
space in the City Hall authorized above, the Council does hereby transfer
the sum of $7,500.00 from the Unallocated Surplus Account No. 362 to Civic
Improvement Account No. 360-17, to be expended for those purposes - equipment,
material, and furnishings - as listed in the aforesaid communications dated
Page 5911
January 21, and February 21, 1963; and provided further, that this resolu-
Ltion is adopted on the understanding that wherever reasonably possible
City labor will be used in connection with the work involved in renovating
and allocating space within the City Hall; and provided further, that the
Director of Public Works is herein aithorized to do all things necessary
or incidental to the work herein aithorized and approved and that such
work be accomplished in a manner which will cause the least inconvenience
to the daily operation of the City Hall.
A roll call vote was taken on the foregoiig resolution with the following result:
AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall.
NAYS: None.
By Councilman Dooley, seconded by Councilman McCann, it was
#110-63 RESOLVED that, having considered the communication dated Febru-
ary 15, 1963, from the Department of Law, the Council does hereby approve
of the agreement attached thereto regarding a contribution to be received
by the City from the proprietor of the idyle Hills Estates Subdivision, and
the Mayor and City Clerk are hereby authorized to affix their signatures to
such an agreement and to do all other things reasonably necessary or in-
cidental to the performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara, McCann, Daigherty, Parks and Bagnall.
NAYS: None.
By Councilman McNamara, seconded by Councilman McCann and unanimously
adopted, it was
#141-63 RESOLVED that, having considered the letter dated March 5, 1963,
from Mr. Edward A.Mull, offering to sell certain property to the City of
Livonia and containing the terms and conditions of such proposed sale, the
Council does hereby refer such letter to the Joint School Board-Youth
Recreation Committee and also to the Mayor for their respective reports
and recommendations in connection with such offer.
By Councilman Kleinert, seconded by Councilman Dooley, it was
#142-63 RESOLVED that, the Council having determined that it is necessary
in order to insure the public health, safety and welfare of a certain portion
of the City of Livonia, to install sanitary sewer laterals on Greenland
Avenue in the NW 1/4 of Section 14, of the City of Livonia, as shown on a
plan dated June 11, 1962, prepared by the Livonia Department of Public
Works, the estimated cost of such project being $17,900.00; and the Council
having also determined that such extension should properly have been in-
cluded in the contract hereinafter referred to and incorporated into the
City of Livonia Sewage Disposal System originally, does herein request that
the Board of Wayne County Road Commissioners
Page 5912
(1) approve of adding the above described project to the contract
dated March 21, 1955, and supplemented by a contract dated August 24,
1955, by and between the said Board and the City providing for the
construction of additional major sewer facilities;
(2) approve the use of a sufficient amount of the surplus revenues
presently in the possession of the County from the issuance of bonds
in connection with the above contract to cover the cost of such
project;
(3) approve of the making of progress payments from the above surplus
revenues directly to the City of Livonia upon presentation by the City
to the Board of duly certified vouchers;
that the City of Livonia hereby accepts responsibility for the construction,
inspection, supervision and final acceptance of the above des cribed sanitary
sewer installation and will also secure all easements necessary for the
construction of such sanitary sewer laterals; provided, however, that it is
understood by the City of Livonia that this request is contingent upon the
approval of the legal firm of Miller, Canfield, Paddock and Stone that such
project may be validly added to said contract and mar properly be financed
by said surplus bond revenues; and the City Clerk is hereby requested to
transmit certified copies of this resolution to all of the parties named
above.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara, McCann, Daigherty, Parks and Bagnall.
NAYS: None,
Councilman McNamara was excused at 8:47 P. M.
By Councilman Kleinert, seconded by Councilman Parks and unanimously
adopted, it was
#143-63 RESOLVED that, having considered the communication dated Feb-
ruary 20, 1963, from the Mayor, regarding the approval of a form of Com-
plaint to be filed with the Michigan Public Service Commission regarding
prevailing telephone rates; and having also considered the comments, remarks
and recommendations of a representative of the telephone company, the
Council does hereby defer further action on the aforesaid letter from the
Mayor and does hereby request of the Bell Telephone Company a schedule
indicating the contemplated telephone rates which would prevail in the
event that either of the alternative proposals now under consideration
by the Bell Telephone Company is finally established, such proposals being
those outlined by Mr. Earl Morall of the telephone company at the Council
Study Session on Wednesday, February 27, 1963; and the City Clerk is
hereby requested to forward a copy of this resolution to the Bell Telephone
Company, to the attention of Mr. Earl Morall.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
Page 5913
#144-63 RESOLVED that, in view of the fact that several formal complaints
have been filed with the Public Service Commission protesting the existing
telephone rate structure in the City of Livonia, the City Council does hereby
request that the Department of Law prepare a petition registering, on behalf
of the City Council, its position with regard to such matter, such petition
to be filed not in the nature of a complaint, but rather for the information
and reference of the Commission with respect to the complaints previously
filed, and such petition to be reviewed, approved, and signed by the
President of the City Council before filing.
Councilman McNamara returned at 8:50 P. M.
An Ordinance to Require a License for the Operation of Drive-In Theaters in
the City of Livonia; to Establish Standards to Govern the Issuance of such Licenses;
to Establish the Minimum Requirements Governing their Operation; to Provide for the
Administration and Enforcement of this Ordinance; to Provide a Penalty for the
Violation of the Terms Hereof; and to Provide for the Repeal of Prior Ordinances and
Parts of Ordinances, introduced on February 20, 1963, by Councilman McCann and tabled
on February 27, 1963, to this meeting, was taken from the table and a roll call vote
conducted thereon with the following result:
AYES: McNamara, McCann and Daugherty.
NAYS: Kleinert, Dooley, Parks and Bagnall.
The President declared the Ordinance denied.
An Ordinance to Require a License for the Operation of Drive-In Theaters in
the City of Livonia; to EstablishStandards to Govern the issuance of such Licenses;
to Establish the Minimum Requirements Governing their Operation; to Provide for the
Administration and Enforcement of this Ordinance; to Provide a Penalty for the
Violation of the Terms Hereof; and to t'rovi de for the Repeal. of Prior Ordinances and
Parts of Ordinances, introduced by Councilman Kleinert on February 27, 1963, was taken
from the table.
The President relinquished the Chair to the Vice President at 8:55 P. M.,
to speak on the Ordinance.
A roll call vote was conducted on the foregoing Ordinance with the following result:
AYES: Kleinert, Dooley, Bagnall, Daaagherty, Parks and McNamara.
NAYS: McCann.
Page 5914
The Vice President declared the foregoing Ordinance duly adopted and would become
effective on publication.
The President resumed the Chair at 9:02 P. M.
By Councilman Dooley, seconded by Councilman McNamara, it was
#145-63 RESOLVED that, having considered the appeal, dated February 22,
1963, filed by Mr. William N. Ponder, attorney, on behalf of Mr. Nicholas
George, the same being an appeal from the decision of the City Planning
Commission denying Petition M-2711, and such appeal having been filed in
accordance with Section 17.03 of Ordinance No. 60, as amended, the Zoning
Ordinance of the City of Livonia, the Council does hereby establish as the
date for public hearing thereon, March 20, 1963, at 8:00 o'clock P. M.;
and the City Clerk is hereby requested to publish and give notice of such
public hearing in the same manner and to the same extent as such notice
was published and given in connection with the previous public hearing by
the City Planning Commission on the said Petition M-274; and the City
Planner is hereby directed to furnish the City Clerk with all information
necessary in order that the Notice may be given as above required.
Councilman McCann was excused at 9:05 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara, Daugherty, Parks and Bagnall.
NAYS: None.
At 9:06 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, except Councilman McCann, who returned at a later time.
By Councilman Kleinert, seconded by Councilman McNamara and unanimously
adopted, it was
#146-63 RESOLVED that, having considered the report and recommendaticn
dated February 21, 1963, from the City Planning Commission in conne ction
with Petition Z-579, submitted by Daniel Rogala for change of zoning in the
Southwest 1/4 of Section 30 from RUFB to 0-2, the Council does hereby agree
with the said recommendation of the City Planning Commission and Petition
Z-579 is hereby approved and granted; and the City Planner is 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 McNamara, seconded by Councilman Daugherty and unanimously
adopted, it was
Page 5915
#147-63 RESOLVED that, having considered the communication dated Febru-
ary 15, 1963, from Mr. Bernard Edelman (Tomorrows Homes, Inc.) regarding
a certain 43-acre parcel in the vicinity of Seven Mile Road and Newburgh
Road, the Council does hereby refer such communication and the proposal
contained therein to the Joint School Board-Youth Recreation Committee
for its review, report and recommendation.
Councilman McCann returned at 9:32 P. M.
By Councilman Daugherty, seconded by Councilman McNamara and unanimously
adopted, it was
#148-63 RESOLVED that, having considered the petition dated January 23,
1963, from Richard T. Gieryn, for the division of Lot No. 245 of Spring
Valley Subdivision, a part of the Southeast 1/). of Section 3 of the City
of Livonia, and having considered also the comments of the City Planning
Commission, Inspection Department and Assessor's Office, the Council does
hereby deny such petition for the following reason:
That the proposed split would result in lots that would not
be in conformity with the existing zoning of said property.
By Councilman Kle inert, seconded by Councilman Parks and unanimously
adopted, it was
#149-63 RESOLVED that, having considered the petition received Febru-
ary 15, 1963, from Mrs. Barbara M. Mays, 314.800 Joy Road, Livonia, Michigan,
to divide Lot No. 726b of Supervisors Livonia Plat #11, a part of the South-
east 1/4 of Section 32; and having considered the remarks of the City Plan-
ning Commission, Bureau of Inspection and Assessor's Office in connection
therewith, the Council does hereby deny said petition for the following
reasons:
(1) Such a division, if abproved, would likely result in the develop-
ment of parcels in such a manner as would preclude the continuation
of Dover and Hees Avenues in the manner contemplated by the Master
Plan of the City of Livonia and in the manner necessary for the
orderly development of this portion of the community;
(2) Parcels resulting from such a division would not be in compliance
with the existing zoning classification of such property as is in-
dicated in the letter dated December 6, 1962, from the City Planner
to the City Assessor.
By Councilman McNamara, seconded by Councilman Parks, it was
#150-63 RESOLVED that, having considered the communication dated Febru-
ary 22, 1963, from the Chief City Engineer, approved by the Director of
Public Works and Mayor, the Council does hereby request that the Board of
Wayne County Road Commissioners include within its budget for its 1964
Paving Program, the following improvements:
Page 5916
(1) The improvement of Merriman Road from Schoolcraft Road to Eight
Mile Road in the City of Livonia, with a 22' width of Class A concrete
pavement; and
(2) The widening and improving of Farmington Road from Plymouth Road
to Eight Mile Road in the City of Livonia, to a 60' width of Class A
Concrete pavement (which highway now consists of a 20' roadway);
further, the Council requests that the necessary contract be prepared and
submitted to the City for its approval and execution; this request is based
on the understanding that the City of Livonia would participate to the
extent of one-third (1/3) of the total actual cost of each project, the
balance of each project to be a County obligation; this action is taken
on the information of the Council that:
(1) the total estimated cost of the Merriman Road project is
$1,477,000.00 (including cost of right-of-way) and that the
estimated cost to the City will be $492,000.00; and
(2) the total estimated cost of the Farmington Road project is
$3,402,000.00, and that the estimated cost to the City will be
$1,122,660.00;
and the City Clerk is hereby requested to forward a copy of this resolution
to the Wayne County Board of Road Commissioners.
The President relinquished the Chair to the Vice President at 9:14 P. M., to speak
on the motion.
By Councilman Bagnall, seconded by Councilman Daugherty, it was
RESOLVED that, the matter of paving of Merriman and Farmington
Roads be tabled pending a report from the Budget Director as to the financial
feasibility and a report from the Department of Public Safety with respect
to traffic counts on the recommended streets and Five Mile Road.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall and Daugherty.
NAYS: Kleinert, Dooley, McCann, Parks and McNamara.
The Vice President declared the resolution denied.
A roll call vote was taken on resolution #150-63, with the following result:
AYES: Kleinert, Dooley, McCann, Parks and McNamara.
NAYS: Bagnall and Daugherty.
The Vice President declared the resolution adopted.
The President resumed the Chair at 9:50 P. M.
Page 5917
By Councilman Kleinert, seconded by Councilman McCann, it was
#151-63 RESOLVED that, having considered the report and recommendation
dated February 11, 1963, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #792-61, adopted on November 13, 1961, and subsequently amended
by resolutions #888-61, adopted December 11, 1961, and #627-62, adopted
August 8, 1962, so as to reduce the bond for remaining improvements in
Lyndon Meadows Subdivision No. 5 to $1,000.00, which shall be in cash, to
cover the cost of remaining improvements in said subdivision; and the City
Clerk and City Treasurer are hereby authorized to do all things necessary
or incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman McCann, it was
RESOLVED that, the Department of Parks and Recreation is hereby
requested to furnish the City Council optional recommendation for names
for parksites that would recognize the historical significance of great
Americans, great incidents in American History or other such suitable
subjects for names, rather than the names contained in the previous recom-
mendation dated January 30, 1963, containing names as selected and in
existence as determined by developers and subdividers.
A roll call vote WAS taken on the foregoing resolution with the following result:
AYES: Daugherty and Bagnall.
NAYS: Kleinert, Dooley, McNamara, McCann and Parks.
The President declared the resolution denied.
By Councilman Mc Namara, seconded by Councilman Dooley and unanimously
adopted, it was
#152-63 RESCUED that, the Department of Law prepare an ordinance
containing parksite names in conformity with the recommendation dated
January 30, 1963, from the Parks and Recreation Commission.
By Councilman Dooley, seconded by Councilman Kleinert and unanimously
adopted, it was
#153-63 RESOLVED that, having considered the communication dated Febru-
L ary 7, 1963, from the Chief City Engineer, approved by the Director of
Public Works, regarding a street name change for Foch and Pershing Streets
in Garden Farms Subdivision, the Council does hereby refer the same to the
City Planning Commission for its review and action.
Page 5918
By Councilman McNamara, seconded by Councilman Kleinert, it was
#154-63 RESOLVED that, having considered the communication dated Febru-
ary 7, 1963, from the Personnel Director regarding existing Rule 21, Section
21.3, of the Civil Service Rules, and an appropriation of funds in connection
therewith, the Council does hereby decline to appropriate any funds for the
purpose in that letter; and the Council requests that the Civil Service
Commission consider an amendment to this Rule which would delete therefrom
the words "caused by a scheduled vacation period or a leave."
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara, Daugherty, Parks and Bagnall.
NAYS: McCann.
The President declared the resolution adopted.
By Councilman McNamara, seconded by Councilman McCann and unanimously
adopted, it was
#155-63 RESOLVED that, consideration of the Water and Sewer Division
Budgets for the 1963-64 fiscal year be tabled to the meeting of March 20,
1963.
By Councilman McNamara, seconded by Councilman McCann and unanimously
adopted, it was
#156-63 RESOLVED that, the Department of Law is hereby requested to
prepare an amendment to Ordinance No. 60, the Zoning Ordinance of the City
of Livonia, which would preclude the location of gasoline service stations
within a specified distance from residences, unless such restriction is
waived by the written consent of a percentage of the affected residential
property owners; and further, the Department of Law is requested to prepare
a proper amendment to the aforesaid Ordinance No. 60, the Zoning Ordinance
of the City of Livonia, which would preclude the location of a Class C
licensed establishment within 1,000 feet from any other Class C licensed
establishment.
By Councilman Kleinert, seconded by Councilman Parks and unanimously
adopted, it was
#157-63 RESOLVED that, resolution #54-63, adopted by the Council on
January 23, 1963, approving Petition No. Z-573, submitted by Lester Karr,
be and hereby is amended to indicate that the dedication alorg Jamison
Street be fifteen (15' ) feet in width only, rather than the previously
stipulated thirty (30' ) feet.
The letter from the City Planner regarding Urban Renewal was removed from
the agenda to the next study meeting of the Council.
Page 5919
By Councilman Dooley, seconded by Councilman McNamara and unanimously
adopted, it was
#158-63 RESOLVED that, having considered the report dated February 27,
1963, from the Department of Law, submitted pursuant to resolution #932-62,
regarding the acquisition of the balance of the City Land Fill Site, the
Council does hereby refer the same to the Finance Committee for its
report and recommendation.
The President relinquished the Chair to the Vice President at 10:25 P. M.
By Councilman Bagnall, seconded by Councilman McCann and unanimously
adopted, it was
#159-63 RESOLVED that, resolution #591-62, adopted by the Council on
August 8, 1962, regarding the classification of Industrial Coordinator,
be and hereby is rescinded.
By Councilman Bagnall, seconded by Councilman McCann, it was
#160-63 RESOLVED that, having considered the communication dated August 8,
1962, from the Mayor, regarding the establishment of an Industrial Coordinator,
and having considered the r ecommendat ion regarding the duties and qualifica-
tions, etc., for such classification, prepared by the Industrial Development
Commission, the Council does hereby request that the Civil Service Commission
establish a special classification to be entitled "Industrial Coordinator"
to perform all of those duties and assume all of those responsibilities set
out in the recommendation of the Industrial Development Commission, dated
July 30, 1962; further, the Council determines
1. That an annual salary be established for this classification of
$10,000.00 per annum;
2. That the appointment of such employee shall be made by the Mayor,
subject to confirmation by the Council;
3. That the qualifications for such classification be those recom-
mended by the Industrial Development Commission in their letter to
the Mayor under date of July 30, 1962;
Li. That the classification be so established so that the candidate
finally selected may be employed on a special contract basis as pro-
vided in the rules of the Civil Service Commission; such contract to
provide for the terms and conditions of employment, including amongst
other things the period of employment, vacations, sick leave benefits,
termination, etc., such contract to be approved by resolutions of the
Council and Commission before execution by the Mayor and City Clerk
and such contract to be for a period of two years with provision for
earlier termination by the parties without recourse or appeal;
and the City Clerk is herewith requested to forward a copy of this resolu-
tion to the Civil Service Commission together with the letter regarding
Page 5920
this subject, dated August 8, 1962, from the Mayor to the City Council, aid
the communication dated July 30, 1962, regarding this subject from the
Industrial Development Commission to the Mayor, which communications are
referred to in this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McCann, Bagnall, Daugherty, Parks and McNamara.
NAYS: None.
The Vice President declared the resolution adopted.
The President resumed the Chair at 10:30 P. M.
On motion of Councilman Kleinert, seconded by Councilman Daugherty and
unanimously adopted, this 399th regular meeting of the Council of the City of
Livonia was duly adjourned at 10:31 P.M., March 6, 1963.
' )
Marfa W. Clark, City Clerk