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HomeMy WebLinkAboutCOUNCIL MINUTES 1963-06-12 Page 6079 MINUTES OF THE FOUR HUNDRED THIRTEENTHREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 12, 1963, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:25 P. M. Councilman McCann delivered the invocation. Roll was called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty, John F. Dooley, Edward H. McNamara and James R. McCann. Absent-- William E. Parks and Rudolf R. Kleinert. Elected and appointed City officials present: Marie W. Clark, City Clerk; Juanita Hillas, Deputy City Clerk; Alan Walt, City Attorney; Charles J. Pinto, first Assistant City Attorney; Robert A. Shaw, Director of Public Works; William J. Strasser, Chief City Engineer; David L. Jones, Water and Sewer Commissioner; John Hiltz, Consulting Engineer; Daniel Andrew, Industrial Coordinator; Victor C. Phillips, Budget Director; Thom,s J.Griffiths, Jr., Chief Accountant; Sanuel Geskol Personnel Director; David R. McCullough, City Planner; Joseph Handzlik, Civil Service Com- missioner; Addison W. Bacon, Director of Public Safety; William Zirblis,Assistant Superintendent of Recreation; and Thomas Heap, Zoning Board of Appeals. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #435-63 RESOLVED that, the minutes of the 412th regular meeting of the Council of the City of Livonia, held on June 5, 1963, are hereby approved. By Councilman Dooley, seconded by Councilman Daugherty, it was #436-63 RESOLVED that, having considered the letter dated June 12, 1963, from the Department of Law, the Council does hereby transfer the sum of $200.00 from the Unallocated Fund to the Department of Law Contractual Services Account No. 146-34, for the purpose of having the new comprehensive zoning ordinance assembled, typed and proof-read. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Dooley, McNamara and Bagnall. NAYS: None. Page 6080 A report dated June 12, 1963, from the Finance and Insurance Committee was presented by Councilman Daugherty, Chairman. By Councilman Daugherty, seconded by Councilman Dooley and unanimously adopted, it was #437-63 RESOLVED that, having considered the report and recommendations dated June 12, 1963, of the Finance and Insurance Committee, in regard to the Street Tree Planting Program of the City and in cannection with future conduct of such program, the Council does hereby request the written recommendations of the Department of Public Works with respect to (a) an inspection procedure which will most adequately indicate com- pliance with City requirements, (b) specifications establishing the re- quirements for trees to be purchased in connection with such program, (c) an informational program which would provide notices to homeowners regarding the care and maintenance of new subdivision trees, and (d) policy, procedures, and practices regarding the care and maintenance of median strips on public rights-of-way; and provided further, that the Council does hereby request the Department to also furnish the Council with information regarding: (a) the present City requirements, if any, in those cases where individual residents or residential associations propose to plant trees within the public rights-of-way, and (b) the estimated total annual cost of carrying on a sufficient and effective Street Tree Planting Program. The letter dated June 5, 1963, from the Mayor regarding defense of police officers, was received and placed on file for the information of the Council. The letter dated June 5, 1963, from the Mayor regarding Five Year Master Sanitary Sewer Plan was received and placed on file for the information of the Council. The report of the Water and Sewer Committee was deferred to a later meeting. By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #438-63 RESOLVED that, having reconsidered the complaint of Mr. Arthur Whitefield, 28555 Sunnydale, Livonia, Michigan, the reports of the Director of Public Works and the Engineering Division, dated respectively May 8 and May 6, 1963, and the Council having discussed the matter with Mr. Whitefield at its study session, the Council does hereby refer back to the Director of Public Works items numbered 1, 3 and 9 contained in his report for his further consideration and with the request that the Director arrange to meet with Mr.Whitefield, the Chief Building Inspector and the builder with respect to these three items. By Councilman McNamara, seconded by Councilman McCann aid unanimously adopted, it was Page 6081 #139-63 RESOLVED that, having considered the letter dated June 5, 1963, from the Mayor, and having reconsidered the proposal to locate a central post office building on and within the City-owned Civic Center site and having considered other and further information as submitted by the City Planner, the Council does hereby reecind its resolution #262-63, it appear- ing that a post office facility cannot be conveniently located within the City-owned Civic Center site; however, the Council takes this means to endorse, recommend and urge that an additional post office facility be located at a loe-tion suitable to the Post Office Department within the City of Livonia and within the near future, it appearing to the City Council that additional facilities of this nature are required to service the rapidly increasing businesLi and residential population of the community; and provided further, that the City Clerk is hereby requested to immediately forward a copy of this resolution to Mr. Donald L. Swanson, Regional Director, Post Office Department, Main Post Office Building, Chicago 100, Illinois, By Councilman Daugherty, seconded by Councilman McNamara, it was #)4.O-63 RESOLVED that, the City Council acknowledges receipt of a com- munication from the office of the City Attorney relative to a request for a legal opinion in reference to previous resolution #774-62$ regarding several sections of the City Charter aid their application to authorities of various elected officials of the City of Livonia; the said communication in no way clarifies the particular question directed to the City Attorney's office, therefore, it is further resolved that the previous resolution #774-62 is hereby reconfirmed and directed again back to the City Attorney's office for a legal interpretation rather than a personal opinion as out- lined in the same communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty and McNamara. NAYS: *Dooley and *Bagnall. *Councilmen Bagnall and Dooley requested that it be recorded that while voting "No" on the resolution, they disagreed with the opinion from the Department of Law. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #)4i.1-63 RESOLVED that, having considered the report dated June 3, 1963, from the Department of Law regarding the present status of the City's Ambulance Service Agreement (submitted pursuant to resolution #366-63), the Council does hereby acknowledge receipt of the same and requests the City Clerk to forward a copy of the report to St.Mary's Ambulance Service, Inc., 20401 Antago„ Livonia, Michigan, to the attention of Mr. John P. Nelson, Secretary and Treasurer. Page 6082 By Councilman Daugherty, seconded by Councilman McNamara and unanimously adopted, it was #442-63 RESOLVED that, having considered the report and recommendation dated June 3, 1963, from the Department of Law and the Chief City Engineer, regarding the procedure for the reduction of subdivision improvement bonds, (submitted pursuant to resolution #851-62), the Council does hereby acknowledge receipt of the same and requests the Engineering Division to hereafter make its recommendations with reference to such matters in accord- ance with the recommendations contained in the aforesaid letter. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #443-63 RESOLVED that, having considered the report dated June 5, 1963, from the Department of Law in connection with the request of Mr. Donald M. Burns for permission to use certain public utilities (submitted pursuant to resolution #317-63)„ the Council does hereby acknowledge receipt of the same and requests the City Clerk to forward a copy of such opinicn to Mr. Donald M. Burns, 34850 Six Mile Road, Livonia, Michigan. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #444-63 RESOLVED that, having considered the report and recommendation dated May 21, 1963, from the City Planning Commission in connection with Petition Z-582 submitted by Mary Lou Carrol for change of zoning in the Southwest 1/4 of Section 25 from R-1-B to M-1, and after hearing comments and objections of all interested persons and being fully advised in the premises, the Council does hereby concur in the said recommendation of the City Planning Commission and Petition Z-582 is hereby denied for those reasons contained in the aforesaid recommendation from the City Planning Commission, and for the further reason that the requested change of zoning would be likely to introduce uses totally inconsistent with the existing residential development of the surrounding neighborhood. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #445-63 RESOLVED that, consideration of the r ecommendation of the City Planning Commission regarding Petition Z-583, submitted by Doyle Tippett, et al, for change of zoning in Section 33 in the City of Livonia, is hereby tabled to the regular meeting of the Council on June 26, 1963. By Councilman McNamara, seconded by Councilman Dooley, it was #446-63 RESOLVED that, having considered the petition received May 29, 1963, from numerous residents in Golden Ridge Subdivision and Golden Ridge Sub- division No. 1, requesting the extension of sanitary sewers to service their properties within such subdivisions, and having previously authorized Page 6083 the construction of sanitary sewers in a portion of such subdivisions (resolution #394-63), the Council does hereby further authorize the con- struction of sanitary sewers and sewer extensions to service the balance of the Golden Ridge Subdivision and Golden Ridge Subdivision No. 1, located in the Southeast 1/4 of Section 31 in the City of Livonia as shown on the map dated May 21, 1963 (more particularly designated as the unshaded area thereon), prepared by the Engineering Division of the Department of Public Works of the City of Livonia, the estimated cost of such additional project being $71,000.00, all of which is set out in a letter from the Chief City Engineer, dated May 21, 1963, each of which is attached hereto and made a part hereof, and for this purpose the aforesaid sum is authorized to be expended from the Contract Payment Fund of the Sewer Division Budget; and the Director of Public works is herein authorized to advertise for and receive bids for this project and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Dooley, McNamara and Bagnall. NAYS: None. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #447-63 RESOLVED that, having considered the petition of Mr. Joe Galli, 20301 Gill Road, Livonia, Michigan, received May 22, 1963, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing lots 18b and 19 of Fairway Sub- division No. 2, a part of the Northwest 1/4 of Section 4, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, so as to split lots 18b and 19 into two separate lots, each 100 feet in width, on Norfolk Avenue, and each 266 feet in depth, as shown on the map attached to the aforementioned petition, which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #448-63 RESOLVED that, having considered the letter dated May 28, 1963, from the Adams Parksite Improvement Committee, 28009 Lyndon Avenue, 'Livonia, Michigan, the Council does hereby refer the same to the Department of Parks and Recreation for the preparation of a site plan indicating all uses proposed for such park site and for the estimated cost of a softball backstop, such plan and estimate to be forwarded to the Engineering Division, and the Engineering Division is hereby requested to prepare a plan for the improvement of the park site property and to prepare also the total estimated cost for such improvement together with a breakdown indicating, (a) the particular cost of necessary fill dirt and the direct labor cost for rough grading, seeding and developing a baseball diamond, and (b) the particular cost of the grass seed and the finish grading of the softball page 6084 diamond area alone; such plans and such estimates when completed to be forwarded by the Engineering Division to the Council for its consideration. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #449-63 RESOLVED that, having considered the request dated June 3, 1963, from Sanford W. Friedman and Robert M. Schore for permission to apply house numbers on public street curbs, such permission is hereby respectfully refused, the Council having heretofore granted permission for such a project to the merican Field Service (resolution #305-63), it appearing to the Council that the method of operation proposed by Messrs. Friedman and Schore would be in conflict with the method of operation proposed by the American Field Service for carrying on such work; further, that the subject students are to be commended for their initiative and encouraged to appear before the City Council at any time in the future for any other similar presentation. By Councilman Daugherty, seconded by Councilman McCann, it was #450-63 RESOLVED that,having considered the report and recommendation dated May 24, 19(D3, of the Parks and Recreation Commission, the Council does hereby accept the bids as recommended by the Commission for the pur- chase of arts and crafts supplies, such bids having been in fact the lowest bids received for the respective items to be purchased, and the successful bidders and bid prices being shown on an attachment to the afore- said communication, which attachment is made a part hereof by this reference. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Dooley, McNamara and Bagnall. NAYS: None. By Councilman McNamara, seconded by Councilman Dooley, it was #L451-63 RESOLVED that, pursuant to the report and recommendation dated May 20, 1963, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of resolution #283-59 adopted on May 11, 1959, as amended by resolutions #562-59 adopted September 14, 1959, and #808-59 adopted on December 21, 1959, so as to reduce the bond for remaining improvements in Burton Hollow Estates Sub- division No. 2 to $2,000.00 to cover the cost of remaining improvements in said subdivision, and the City Clerk is hereby requested 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: McCann, Daugherty, Dooley, McNamara and Bagnall. NAYS: None. By Councilman McNamara, seconded by Councilman Daugherty and unanimously adopted, it was Page 6085 #152-63 RESOLVED that, having considered the request dated May 1, 1963, from the Michigan Liquor Control Commission and the report and recommenda- tion dated May 28, 1963, from the Director of Public Safety in connection therewith, the Council does hereby approve of a request from Earl N. Butler for a new SDD license to be held in conjunction with 1963-64 SLM licensed business located at 34950 Ann Arbor Trail, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman Daugherty, seconded by Councilman Dooley and unanimously adopted, it was #153-63 RESOLVED that, having considered the communication dated May 28, 196310 from the Engineering Division regarding an interim program to correct adverse sanitary conditions in the Six Mile/Harrison area (submitted pur- suant to resolution #223-63), the Council does hereby acknowledge receipt of same and requests the City Clerk to forward a copy of such report to Mrs. Donald Richard, 17005 Harrison, Livonia, and to Mr. and Mrs. Merrill Sheaffer, 16885 Harrison, Livonia, for their information. Councilman Dooley introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 2L1. OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINAYCE, ORDINANCE NO. 60, AS .AMENDED, OF THE CITY OF LIVONIA, BY ADDING THERETO SECTION 3.351. THE CITY CF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission, dated March 20, 1963, on Petition No. Z-5711. 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 Ordinance, Ordinance No. 60, as amended, of the City of Livonia, is hereby amended by adding thereto the following sections Section 3.351. Petition Nu. Z-57)4 submitted by the City Planning Commission is hereby granted and the zoning classification of the pre- mises hereinafter described is hereby changed from R-3 to R-1-A as requested in said petition: Beginning at a point which is situated 1320 feet east of and 402 feet north of the Southwest corner of Section 2L; thence East 1980 feet; thence North 660 feet thence West 1980 feet; thence to the place of beginning, constituting all of the land now zoned R-3 (Multiple Dwellings) inihe east one-half of the Southwest 1/4 of Section 24 and the West one-half of the Southeast i/4 of Section 214. and the South 1/2 of Section 24 of the Zoning Map is hereby anended to conform to the change made in this section. Page 6086 Section 3. The attached map designated "Amendment No. 108 of the Zoning Map of the City of Livonia," showing all of the amendments and changes made in the fore- going Section 2 of this ordinance is hereby approved, established and made a part hereof. Section 4. 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 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. By Councilman McCann, seconded by Councilman Daugherty and unanimously adopted, it was '454-63 RESOLVED that, the Council does hereby determine to hold regular meetings during the month of July on Wednesday, July 10 and gednesday, July 24, 1963, and all prior resolutions of the Council are hereby modified only to the extent that they conflict with this resolution. By Councilman Daugherty, seconded by Councilman McNamara, it was #455-63 RESOLVED that, having considered the report and recommendation of the Civil Service Commission with regard to a new and revised over-all Compensation Plan, which report and recommendation is dated April 5, 1963, the Council does hereby concur with that part of the aforesaid Compensation Plan which would establish an annual salary for the classification of personnel director ranging from $8,153.00 through $9,505.00, over a period of four years in five steps, the same being referred to in the said Com- pensation Plan as SG-145; provided further, the Council having been informed that a vacancy will soon exist in this classification, has taken this action with the understanding that the Civil Service Commission will determine by resolution the particular salary "step" at which any new employee will commence service with the City in this particular classification; and provided further, that this resolution shall become operative on and after July 1, 1963. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, McNamara and Bagnall. NAYS: Dooley. The President declared the resolution adopted. The President relinquished the chair to the Vice President at 9:24 P.M. Page 6087 By Councilman Bagnall, seconded by Councilman Dooley, it was #456-63 RESOLVED that, having considered the summary of actions taken with respect to adverse sewer problems which exist in the Sunset Hills Subdivisions which summary was prepared at the request of the Council President, the Council does hereby request the Mayor, as Chief Executive of the City, to investigate and explain to the home owners in question; and the Council further requests that the Mayor submit a report to the Council as soon as possible, recommending a final solution of this sewer problem which appears necessary in the light of the Chief City Engineer's verbal report to the President of the Council that action previously re- commenced by the Engineering Division, and approved by the Director of Public Works, will not completely solve such problem, and that the only certain method of resolving this problem would be to have the 59 home owners disconnect the drainage of their patios from the sanitary line; the Council further requests that the Mayor cause the 59 home owners con- tributing storm water to the sanitary sewer be cited and thereafter re- quired to disconnect all installations which are causing storm water to enter sanitary sewer lines in the Sunset Hills Subdivision; and the Council does hereby request the City Clerk to spread the summary referred to above upon the minutes of this meeting and immediately following this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bagnall„ Daugherty, Dooley and McNamara. NAYS: None. The Vice President declared the resolution adopted. SUMMARY OF SUNSET HILLS SUBDIVISION DRAINAGE PROBLEM 3-12-62 Petition from residents of flooded basements problem. 3-15-62 Letter from Mr. Strasser, Chief City Engineer, also advising of problem and results of investigation. 3-19-62 Letter from former Mayor Brashear stressing urgency. 3-26-62 Resolution #214-62 requesting Engineering Division for plans for lift station, cost, State Health Department approval, to be submitted to Council for appropriation and bids. 8-8-62 Recommendations and information as requested in above resolution received from Engineering Division. 8-9-62 Letter from Alfred Loos advising of another flooding. 8-22-62 Resolution #658-62 directed installation of lift pump station and appropriated funds. 8-29-62 Resolution #688-62 referred to Engineering for report and recommendation Mr. Loos' problem. 9-17-62 Letter from Mr. Loos advising of another flooding. 9-26-62 Resolution #744-62 referred letter from Mr. Loos to Director of Public Alorks for progress report on same. 9-25-62 Progress report received from Vern Schrader, Assistant City Engineer. 12-28-62 Letter from Chief City Engineer suggesting solutions to problem other than pumping station which was strongly objected to by Wayne County Health Department in letter dated 11-13.62. Page 6088 1-23-63 Resoluticn #51-63 referred matter to Water and Sewer LCommittee for study, report and recommendation. 3-20-63 Resolution #187-63 authorized Department of Public Works to construct lateral sewer on Doris Avenue from Curtis to oeven Mile Road, with temporary lift station at an estimated cost of $352000.00, to be expended from Cost Reserve Sewer Construction funds. The President resumed the chair at 932 P. M. On motion of Councilman Dooley, L3econded by Councilman McCann and unanimously adopted, this 413th regular meeting of the Council of the City of Livonia was duly adjourned at 9:35 P.M., June 12, 1963. ,, ,---- Ma e W. Clark, City Clerk L