HomeMy WebLinkAboutCOUNCIL MINUTES 1961-07-31 Page 4890
MINUTES OF THE THREE HUNDR1 THIRTY-NINTH REGULAR MEETING
OF THE COUNCIL OF TIE CITY OF LIVONIA
On July 31, 1961, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan and was called to order by the President of the Council at
approximately 845 P. M. Councilman Kleinert delivered the invocation. Roll was
called with the following result: Present-- Sydney B. Bagnall, N. Ponder,
Rudolf R. Kleinert, Austin T. Grant, Jack Salvadore and John T. Daigherty.
Absent-- James R. McCann.
By Councilman Ponder, seconded by Councilman Kleinert and unanimously
adopted, it was
#1485-61 RESOLVED that, the minutes of the 338th regular meeting of the
Council of the City of Livonia held July 10, 1961, the 63rd special meet-
ing held July 19, 1961, and the 64th special meeting held July 21, 1961,
are hereby approved.
By Councilman Kleinert, seconded by Councilman Grant, it was
#1486-61 RESOLVED that, the Council does hereby terminate the appointment
of William H. Smith, 114829 Farmington Road, Livonia, Michigan, as constable
for the City of Livonia, the Council having been i nformed that Mr. Smith is
no longer able to perform the duties of cons table due to illness, and for
that purpose Council resolution #916-57 adopted on November 18, 1957, shall
be deemed to have no further force and effect; and that having cols idered
the recommendation of the Municipal Judge and it appearing that the persons
named hereinafter are duly qualified and registered electors of the City
and have continuously resided in the City for more than two (2) years
immediately prior to this date, and in accordance with Section 2, Chapter V
of the Charter and pursuant to the authority conthined in Ordinance No.13
of the City of Livonia, the Council does herein appoint Stanley Rudnicki,
10053 Wayne Road, Livonia, Michigan, and Harvey C. Zielke, 19377 Inkster
Road, Livonia, Michigan, as constables for the City of Livonia with all such
powers as may be conferred upon constables by the laws of the State of
Michigan, Charter and Ordinances of the City of Livonia and any resolutions
of the Council, and such individuals shall serve as constables until further
action of this body to the contrary.
The Clerk announced receipt of two veto messages from the Mayor on
resolutions #448-61 and #1449-61, adopted July 10, 161.
By Councilman Daugherty, seconded by Councilman Grant, it was
#1487-61 RESOLVED that, having considered the veto message from the
Mayor, dated July 31, 1961, the following rusoluti-n is reintroduced
Page 401
in its entirety:
RESOLVED that, having considered the proposals heretofore submitted,
the Council does hereby designate the official newspaper of the City of
Livonia for the year ending August 1, 1962, the Livonia City Post, 31250
Plymouth Road, a newspaper of general circulation within the City of
Livonia, which designation is required and made in accordance with Chapter X,
Section 8 of the Charter of the City of Livonia, at the submitted bid price
of $1.55 per column inch as quoted in the letter dated July 5, 1961;this
designation is hereby conditioned upon the continuous weekly publication
of such newspaper.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleinert, Grant and Bagnall.
NAYS: Salvadore,
The President declared the resolution adopted and the Mayor's veto aver-ruled.
No action was taken by the Council on the Mayor's veto of resolution
#449-61.
Councilman Kleinert, as Chairman, presented a report from the Finance
and Insurance Committee, which was received and placed on file.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#488-61 RESOLVED that, having considered the recommendations of the
Civil Service Commission, dated April 14 and June 22, 1961, respectively,
and having considered the report and recommendation of the Finance and
Insurance Committee of the Council, dated June 19, 1961, in connection
therewith, the Council does hereby approve of the following annual new
salary rates for each of the following respective classifications:
Engineering Aide I $40700.00
Engineering Aide II 5,100.00
Project Supervisor I 5,800.00
Civil Engineer I 5,800.00
Project Supervisor II 6,400.00
Civil Engineer II 6,400.00
Project Supervisor III 7,000.00
Civil Engineer III 7,200.00
Project Supervisor IV 7,700.00
Civil Engineer IV 8,200.00
Civil Engineer V 9,000.00
which new salary rates shall be effective December 1, 1961, and that, be-
cause the action taken above is a departure from the original recommenda-
im. tion of the Civil Service Commission, the Council does hereby request the
Commission to concur with the action taken herein.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleiner% Grant, Salvadore and Bagnall.
N AYS: None.
Page 4892
By Councilman Kleinert, seconded by Councilman Grant, it was
#489-61 RESOLVED that, having considered the report of the Finance and
Insurance Committee, dated July 19, 1961, the Council does hereby concur
with the recommendation of the Civil Service Commission
(a) dated May 2L, 1961, establishing an annual salary rate of
$7,584.16 for the classification of Construction Supervisor, and
(b) dated May 26, 1961, establishing a pay rate for the classifi-
cation of Service Representative at:
$2.63 per hour (first 6 months)
$2.68 per hour (7 thru 12 months)
$2.78 per hour (after 12 months);
provided, however, that such new salary and hourly rates shall become ef-
fective December 1, 1961.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnail.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Grant, it was
#490-61 RESOLVED that, having considered the report and opinion of the
Department of Law, dated July 26, 1961, and having considered also the
claim of Mr. Arthur Gutzman, 20020 Osmus, Livonia, Michigan, dated June 23,
1961, for damage to poultry by dogs, and the report of the Police Chief in
connection therewith, the Council does hereby approve payment of the sum
of $11.00 to the claimant as full and complete satisfaction of his claim,
and for this purpose does hereby authorize the expenditure of that sum
from the Legislative Miscellaneous Account No. 102-44.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Pohder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
By Councilman Grant, seconded byODuncilmanSalvadore, it was
#491-61 RESOLVED that, having considered the letter from the Mayor, dated
July 6, 1961, and the communicatinn from the Chief City Engineer, approved
by the Director of Public Works and the Mayor, the Council does hereby
authorize the Department of Public Works to proceed with advertising for and
receiving bids to construct all of the underground installation required in
connection with the installation of all outdoor lighting facilities on the
40-acre park site situated at Lyndon and Farmington Roads, the same being
a portion of the work to be performed under the proposed Contract No. 7,
referred to in the aforementioned recommendation of the Chief City Engineer;
and for this purpose the Council does hereby transfer the sum of $17,000.00
Page 4893
from Paving Half Streets Account to the Park Site Improvement Farmington-
Lyndon Account of the Capital Improvement Program Account.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Grant and Salvadore.
NAYS: Kleinert and Bagnall.
The President declared the resolution adopted.
By Councilman Ponder, seconded by Councilman Daugherty and unanimously
adopted, it was
#492-61 RESOLVED that, having considered the reports and recommendations
of the Chief City Engineer, dated June 28 and June 29, 1961, respectively,
approved of by the Mayor a rd the Director of Public Works, the Council does
hereby authorize and direct the Department of Law to proceed with the ac-
quisition of all necessary rights-of-way needed in order to install the
road improvements, described in the aforementioned reports, on portions of
Robert Drive, Sunset Avenue, and Hubbard Road; and that upon and after the
acquisition of such rights-of-way, the Department of Public Works is hereby
authorized and directed to immediately advettise for and receive bids for
the improvement of the aforementioned streets in accordance with the recom-
L mendations first referred to above.
By Councilman Salvadore, seconded by Councilman Grant, it was
#493-61 RESOLVED that, having considered the request of theaTerintendent,
Parks and Recreation, dated June 30, 1961, approved of by the Commission
chairman, and having considered also in connection therewith the recommend-
ation of the Budget Director, dated June 30, 1961 the Council does hereby
approve of such request and transfers the sum of $14,500.00 from Account
No. 364-9 (Paving Half Streets Around Schools) to the Recreation Contractual
Services Account of the Parks and Recreation Commission Budget for the
purpose of covering the use of school buildings, and transportation costs
in connection with the summer recreation program.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleinert, Grant and Salvadore.
NAYS: Bagnall.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman Grant, it was
#494-61 RESOLVED that, having considered the recommendation dated June 23,
1961, of the Chief City Engineer and the plan dated March 27, 1961, attached
thereto, approved of by the Mayor and the Director of Public Works, in con-
nection with the construction of a sidewalk to the Botsford School property,
the Council does hereby approve, authorize, and direct the Department of
Page 4894
Public Works to proceed withthe installation of a sidewalk five (5) feet
leo in width and extending 130 feet south from Pembroke Avenue at the location
shown on the aforementioned plan, and for this purpose does hereby transfer
the sum of $325.00 from the Industrial Development Salaries Account to the
Operations Division Supplies Account.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
The report dated July 18, 1961, from the Budget Director regarding employee
fringe benefits, was received and placed on file for the Committee of the Whole.
By Councilman Ponder, seconded by Councilman Kleinert and unanimously
adopted, it was
#495-61 RESOLVED that, in accordance with Section 391 of Act 40 of the
Public Acts of 1956, as amended, the Council does hereby petition the Wayne
County Drain Commissioner to vacate and abandon all sections of the Ashcroft
and Sherwood Drains located in the City of Livonia and any and all other
portions of drains situated within the Ashcroft-Sherwood drainage district
11.01 which, in the opinion of the Drain Commissioner, have ceased to be of
public utility, and for this purpose the Council does hereby authorize the
Mayor and City Clerk to execute a petition therefor on behalf of the City
of Livonia and to do all other things reasonably necessary or incidental
to the full performance of this resolution.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#496-61 RESOLVED that,having considered the communication from the Office
of the Wayne County Drain Commissioner, dated July 25, 1961, regarding an
alternative method for financing the construction of Livonia Drain No. 4,
the Council does hereby request the Office of the Wayne County Drain Com-
missioner and the Livonia No, 1 Drainage Board to refund and repay to the
City the sum of $21,000.00 from the Livonia No, 1 Surplus Interest Con-
struction Earnings Fund; that upon receipt of such sum the City Clerk and
City Treasurer are hereby authorized to remit to the Wayne County Treasurer
an equal amount as full payment for the construction of the Livonia Drain
No. 4, in accordance with the recommendation set out in the aforementioned
communication from the Office of the Wayne County Drain Commissioner; that
in the event the aforementioned remittance exceeds the final cost incurred
by the construction of the Livonia Drain No. 4, the Office of the Wayne
County Drain Commissioner is requested to return any balance of such re-
mittance to the Livonia No. 1 Surplus Interest Construction Earnings Fund;
and the City Cle4 and City Treasurer are herein authorized 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:
A[ES: Daugherty, Ponder, Kle inert, Grant, Salvadore and Bagnall.
NAYS: None.
Page 4895
By Councilman Salvadore, seconded by Councilman Grant and unanimously
adopted, it was
#497-61 RESOLVEll that, having considered the letter from the Mayor, dated
June 30, 1961, the Council does herein approve of and concur with the re-
appointment of Charles W. Walker, 12904 Stark Road, Livonia, to the City
Planning Commission for a term of three (3) years, expiring June 9, 1964.
By Councilman Kleinert, seconded by Councilman Grant and unanimously
adopted, it was
#498-61 RESOLVED that, having considered the letter from the Mayor,
dated June 30, 1961, the Council does herein approve of and concur with
the reappointment of Benis C. Anderson, 10005 Garden, Livonia, to the City
Planning Commission for a term of three (3) years, expiring June 9, 1964.
By Councilman Ponder, seconded by Councilman Kleinert and unanimously
adopted, it was
#499-61 RESOLVED that, pursuant to Section 19.01 of the Zoning Ordinance
of the City of Livonia, Ordinance No. 60, and lection 6, Act 207, Public
Acts of Michigan, 1951, as amended, Robert Coopes, 9335 Idaho, Livonia,
ibm Michigan , is hereby reappointed as a member of the Zoning Board of Appeals
for a three year term of office, such term commencing July 11, 1961, with
all of the authorities and duties set forth in said Zoning Ordinance and
Act 207.
By Councilman arant, seconded by Councilman Kleinert and unanimously
adopted, it was
#500-61 RESOLVED that, pursuant to Section 19.01 of the Zoning Ordinance
of the City of Livonia, Ordinance No. 60, and Section 6, Act 207, Public
Acts of Michigan, 1951, as amended, William P. Lindhout, 37655 Marg,reta
Drive, Livonia, Michigan, is hereby reappointed as a member of the Zoning
Board of Appeals for a three year term of office, such term commencing on
July 11, 1961, with all of the authorities and duties set forth in said
Zoning Ordinance and Act 207.
By Councilman Grant, seconded by Councilman Daugherty, it was
#501-61 RESOLVED that, having considered the communication from the Chief
City Engineer, dated June 29, 1961, approved of by the Mayor and the Director
of Public Works, the Council does hereby authorize the Department of Public
Works to add a 211 gravel surface and to proceed with the necessary base pre-
paration in order to provide a double seal coat on Newburgh Road from Five
Mile Road south to Lyndon, and in this connection authorizes the City
Treasurer to accept the sum of $2,500.00 from the proprietors of the Castle
Gardens Subdivision which they have offered as a contribution toward seal
coating this section of Newburgh Road; and the Director of Public Works is
also authorized to do all other things necessary or incidental to the full
performance of this resolution.
Page 4896
A roll call vote was taken on the foregoing resolution with the following result:
IberAYES: Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Salvadore, it was
#502-61 RESOLVED that, having considered the communication from the Mich-
igan State Highway Department in connection with the improvement of a portion
of Plymouth Road in the City of Livonia, the Council does hereby approve of
the low bid for such improvement, as submitted by the Max R. Frisinger Co.,
of Ann Arbor, Michigan, in the amount of $28,415.65; and it appearing from
the aforementioned communication that the estimated cost to the City for such
improvement will be $7,600.00, and a sufficient appropriation having pre-
viously been made for such purpose by resolution #214-61, adopted April 10,
1961, the Council does therefore authorize and direct the City Clerk and the
City Treasurer to prepare a check payable to the Michigan State Highway De-
partment in the amount of S7,600.00 and to forward the same to the Director
of Finance, Michigan State Highway Department 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: Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
ibe NAYS: None.
By Councilman Ponder, seconded by Councilman Salvadore, it was resolved
that
#503-61 WHEREAS, pursuant to due and proper notice published and mailed
to all property owners in Special Assessment District No. 15, for the paving
of Cardwell Avenue between Plymouth Road and Orangelawn in Section 36 in
the City of Livonia, as required by the provisions of the City Charter and
Ordinance No. 31, as amended, of the City of Livonia, appublic hearing
thereafter having been held thereon on July 12, 1961, at 8:00 P. M., at the
City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council
having duly met and reviewed the special assessments levied on the special
assessment roll as prepared by the City Assessor to cover the district
portion of the cost of street improvements to be constructed in Special
Assessment District No. 15; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments; an
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council does hereby determine that the assessments
set forth in said Special Assessment Roll dated June 1, 1961, in the
amount of $42,294.00, are fair and equitable and based upon benefits
to be derived by construction of improvements proposed in said district,
in accordance with the plans of the City Engineer and resolutions of
the City Council.
Page 4897
2. Said Special Assessment Roll No. 15 is hereby approved and
confirmed in all respects.
3. The amount of said roll shall be divided into ten (10) eaval
annual installments with interest at the rate of six per cent (6%)
per annum on the unpaid balance of the assessment from the date of
confirmation. In such cases where the installments will be less than
Ten Dollars ($10.00), the number of installments shall be reduced so
that each installment shall be above and as near Ten Dollars ($10.00)
as possible. The first installment shall be due and payable December 1,
1961, and subsequent installments on December 1st of succeeding years.
4. Pursuant to the provisions of Sections 14 and 17 of Ordinance
No. 31, as amended, the City Clerk shall endorse the date of confirma-
tion on the assessment roll, and the said assessment roll shall then be
immediately transmitted to the City Treasurer who shall then publish
notice as is required by Section 17, and mail assessment statements to
the respective property owners assessed in manner and substance as
provided by said Section 17. Any property owners assessed may, within
sixty (60) days from the date of confirmation of the roll, pay the
whole or any part of the assessment without interest or penalty.
5. The first installment shall be spread upon the 1961 City tax
roll in manner required by Section 19 of Ordinance No. 31, as amended,
together with interest upon all unpaid installments from the date of
confirmation of the roll to December 1, 1961, and thereafter one (1)
installment shall be spread upon each annual tax roll, together with
one year's interest upon all unpaid installments; provided, hawever,
that when any annual installment shall have been prepaid in manner
provided by said Ordinance No. 31, either within the sixty (60) day
period as provided in Section 18, or after the expiration of the sixty
(60) day period as provided in Section 31, then there shall be spread
upon the tax roll for such year only the interest for all unpaid in-
stallments.
6. That the Council having determined to pay the entire cost of
improving intersections and a certain 20-foot wide alley within the
said district, the sum of $4,806.00 is hereby transferred from the
Road Improvement Account of the Capital Improvement Program to the
Special Assessment District No. 15 Account to cover the City's cost
of said installation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NMS: None.
By Councilman Kleinert, seconded by Councilman Salvadore„ it was
#504-61 RESOLVED that, Mr. J. Taylor, Sylvan Building Company, 18451
Wisconsin, Detroit 21, Michigan, as proprietors, having requested the City
Council to approve the proposed plat of the following Subdivision:
Taylor Gardens Subdivision located in the Northwest 1/4 of Section 22,
City of Livonia; and it appearing that tentative approval of said proposed
Page 4898
plat Igt,s given by the City Planning Commission under date of September 15,
1959 and September 13, 1960; and it further appearing that said proposed
plat, together with the plans and specifications for improvements therein,
have been approved by the Department of Public Works under date of June 27,
1961; the City Council does hereby approve said proposed plat on the
following conditions:
(1) All of such improvements shall be installed in conformance with the
Plat Ordinance (No.135) as amended, of the City of Livonia, and the
rules and regulations of the Department of Public Works, within a
period of two (2) years from the date of this resolution;
(2) That the installation of such improvements shall be supervised and
inspected by the Department of Public Works and such improvements shall
not be considered as having been satisfactorily installed until there
is filed with the Council a Certificate as provided in Section 14 of
said Ordinance No. 135, as amended;
(3) That the City Clerk is not authorized to affix her signature to
said Plat until either said improvements have been satisfactorily in-
stalled or, in lieu thereof, there is filed with her by said proprietors
a bond to the City of Livonia, in such form as may be approved by the
City Attorney, and in the following amount:
$72,000.002 of which 10% shall be cash;
and until all inspection fees and other charges due to the City of
Livonia have been fully paid;
(4) That the proprietor submit to the City Engineer as-built plans of
all improvements installed in the subdivision, on cloth reproducible
material;
(5) On full compliance with the above conditions and with the pro-
visions of said Plat Ordinance, as amended, the City Clerk is hereby
authorized to affix her signature to said Plat as evidence of this
approval;
Provided, however, that a 36" storm sewer shall be installed in lieu of
the proposed 18" storm sewer on Meadowbrook Avenue within the limits of
such subdivision and the proprietor of said subdivision shall, sibject
to the requirements of the Department of Public Works in connection
herewith, ask for alternate bids for the proposed 18" storm sewer line
and the required 36" storm sewer line on Meadowbrook Avenue, and sub-
mit the same to the Engineering Division of the Department of Public
Works, in order that the Council might have a basis, at some time in
the future, upon which to determine (1) whether or not the City will
contribute to the cost of the enlarged storm sewer on Meadowbrook
Avenue, and (2) if so: determine what amount and extent such contri-
bution will be.
Lis A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Kleinert, Grant, Salvador° and BagnA11 .
NA! ; Daugherty.
The President declared the resolution adopted.
Page 4899
The report of the City Engineer regarding the establishment of bond for
Lyndon Meadows Subdivision No. 4 in Section 23, was removed from the agenda to the
next study meeting of the Council.
At 9133 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.
By Councilman Kleinert, seconded by Councilman Grant, it was
#505-61 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer dated June 7, 1961, approved of by the Director
of Public Works and the Mayor, the Council does hereby release to Bernard
Lee Hartman, Secretary-Treasurer, Jupiter Construction Company, 13430
Fenkell Avenue, Detroit 27, Michigan, the $8,000.00 bond deposited with the
City in accordance with resolution #106-57 adopted on February 11, 1957,
as amended by resolution #461-59 adopted on July 27, 1959, in connection
with improvements to be installed in Sunset Hills Subdivision, located in
the East 1/2 of Section 11, City of Livonia, Wayne County, Michigan, it
appearing from the aforementioned report of the Chief City Engineer that
all required improvements have been satisfactorily installed; and the City
Clerk is 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: Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: Daugherty.
The President declared the resolution adopted.
By Councilman Salvadore, seconded by Councilman Grant, it was
#506-61 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer, dated July 20, 1961, approved of by the Director
of Public Works and the Mayor the Council does hereby release to the
Woodbury Building Company, 18450 Livernois Avenue, Detroit 21, Michigan,
the $11100.00 bond deposited with the City in accordance with resolution
#449-58 adopted on July 14, 1958, as amended by resolution #741-58 adopted
on November 17, 1958, and resolution #104-60 adopted on February 23, 1960,
in connection with improvements to be installed in Butler Hills Subdivision
situated in the Southwest 1/4 of Section 11, City of Livonia, Wayne County,
Michigan, it appearing from the aforementioned report of the Chief City
Engineer that all required improvements have been satisfactorily installed;
and the City Clerk is hereby authorized to do all things necessary or in-
cidental ll to the fuperformance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
Page 1}900
By Councilman Daugherty, seconded by Councilman Grant and unanimously
adopted, it was
#507-61 RESOLVED that, the matter of speed control on Curtis Avenue be
referred to the Traffic Commission for report and recommendation.
By Councilman Salvadore, seconded by Councilman Ponder and unanimously
adopted, it was
#508-61 RESOLVED that, having considered the petition of Mr. Thomas K.
Allan, 19402 Parkville, Livonia, Michigan, received July 13, 1961, and in
accordance with the provisions of Act 73 of the Public Acts of 1959, as
amended, the Council does hereby approve of dividing Lot No. 408 of Super-
visor's Livonia Plat No. 7 Subdivision, a part of the S. W. 1/4 of Section
1, City of Livonia, Wayne County, Michigan, T. 1 S., R. 9 E., into four (4)
equal parts each with a frontage of 74.9 feet in width along Parkville
Street and depths of 298.75 feet as shown on the map attached to the afore-
mentioned petition; 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 Grant, seconded by Councilman Salvadore and unanimously
adopted, it was
#509-61 RESOLVED that, having considered the report of the Chief City
Engineer dated July 10, 1961, approved of by the Director of Public Works
and the Mayor, the Department of Law is hereby authorized and directed to
negotiate for the acquisition of the south 1/2 of Curtis Avenue right-of-
way from the existing right-of-way east of Doris Avenue to the Coolidge
School property.
Councilman Kleinert introduced the following Ordinances-
AN ORDINANCE AMENDING ORDINANCE NO. 77 OF THE CITY OF LIVONIA
KNOWN AS THE "RETIREMENT PLAN ORDINANCE" BY DELETING SECTION
5.01 FROM ARTICLE 5.00; AMENDING SECTIONS 6.01, 6.02, 6.03, 6.01
AND 6.05 OF ARTICLE 6.00 AND ADDING THERETO SECTIONS 6.06 AND
6.07; AMENDING SECTIONS 7.01, 7.02 AND 7.03 OF ARTICLE 7.00;
AND AMENDING SECTION 9.03 OF ARTICLE 9.00 AND ADDING THERETO
SECTION 9.09.
THE CITY OF LIVONIA ORDAINS:
Section 1. Article 5.00 of Ordinance No. 77 known as the Retirement Plan
Ordinance is hereby amended by deleting therefrom Section 5.04.
Section 2. Sections 6.01, 6.02, 6.03, 6.01 and 6.05 of Article 6.00 of
Ordinance Na. 77 known as the Retirement Plan Ordinance are hereby amended as follaas,
and Sections 6.06 and 6.07 are hereby added to Article 6.00, as set out below&
Section 6.01. Voluntary Retirement. Any member who (1) has attained
or attains his voluntary retirement age, and (2) has ten (10) or more years
Page 49C1
of total service credited to his service account, may retire upon his
written application filed with the Board setting forth at what time, not
less than thirty (30) days nor more than ninety (90) days subsequent to
the execution and filing thereof, he desires to be retired. Upon his
retirement he shall receive a pension provided for in Section 6.03.
Section 6.02. Normal Retirement. Any policeman or fireman member who
has attained or attains age sixty-five (65) years, and any member in any
other branch of city employment who has attained or attains age seventy (70)
years, shall be separated from city employment forthwith; provided, however,
that any member who has attained or attains his age for narntalretirement,
as provided in this section may be continued in city employment for periods
of time not to extend more than three (3) years beyond his said nonnal
retirement age; provided further, that the said member's continuance in
city employment is (1) requested by him in writing, (2) approved by his
department head, and (3) approved by the Civil Service Commission. Upon
his said separation from city employment he shall receive a pension pro-
vided for in Section 6.03, if he has ten (10) or more years of total service
credited to his service account.
Section 6.03. Age and Service Pension.
I. Upon his retirement, as provided in this Article, a member, who
has attained or attains his voluntary retirement age and has ten (10)
or more years of total service credited to his service account, shall
ibm receive a straight life pension provided for in paragraphs (a) and (b)
of this Division I, and he shall have the right to elect an option
provided for in Section 6.05.
(a) A pension equal to one per cent (1%) of his average final
compensation multiplied by the number of years, and fraction of
a year, of his total service credited to his service account; and
(b) In the event a member retires prior to his attainment of
age sixty-five (65) years, an additional pension payable to his
attainment of age sixty-five (65) years of one-half (1/2) of
one per cent (1%) of his average final compensation multiplied
by the number of years, and fraction of a year: of his total
service credited to his service account, not to exceed twenty-
five (25) years.
II. In the event a retirant dies before he has received in payment
of his straight life pension an aggregate amount equal to his ac-
cumulated contributions standing to his credit in the pension savings
fund at the time of his retirement, the difference between his said
accumulated contributions and the said aggregate amount of straight
life pensions received by him shall be paid from the pension reserve
fund to such person or persons as he shall have nominated by written
designation duly executed and filed with the Board. If there be no
such designated person or persons surviving the said retirant such
diiference, if any, shall be paid to the retirant's legal representa-
tive. No benefits shall be paid under this Division II on account of
the death of a retirant if he was receiving a pension under option (a)
or (b) provided for in Section 6.05.
Page 4902
Section 6.04. Deferred Pension. In the event a member who has ten
(10) or more years of total service credited to his service account separates
from city employment prior to his attainment of his voluntary retirement age,
for any reason except his retirement or death, he shall be entitled to a
pension computed according to Section 6.02, as the said section was in force
at the time he last separated from city employment; provided, that he does
not withdraw his accumulated contributions from the pension savings fund.
His said pension shall begin the first day of the calendar month next follow-
ing the date his application for sane is filed with the Board on or after
his attainment of his voluntary retirement age. Except as is otherwise
specifically provided in this ordinance, in no case shall a person receive
service credit for the period of his absence from city employment.
Section 6.05. Pension Options. Prior to the effective date of his
retirement, but not thereafter, a member may elect to receive his straight
life pension computed according to Section 6.03 I (a) and (b), payable
throughout his life, or he may elect to receive the actuarial equivalent
of his said s traight life pension, as of the effective date of his retire-
ment, in a reduced pension payable throughout his life, and nominate a
beneficiary, in accordance with the provisions of option (a) or (b) set
forth below:
Option (a) Joint and Survivor Pension. Upon the death of a retirant,
who elected option (a), the reduced pension paLable to the date he
would have attained age sixty-five (65) years, and the reduced pension
payable after such date, shall be continued throughout the life of and
paid to such person, having an insurable interest in his life, as he
shall have nominated by written designation duly executed and filed
with the Board prior to the effective date of his retirement.
Option (b) Modified Joint and Survivor Pension. Upon the death of a
retirant, who elected option (b), one-half (1./2) of the reduced pension
payable to the date he would have attained ag3 sixty-five (65) years,
and one-half (1/2) the reduced pension payable after such date, shall
be continued throughout the life of and paid to such person, having an
insurable interest in his life, as he shall have nominated by written
designation duly executed and filed with the Board prior to the effective
date of his retirement.
Section 6.06. Non-Duty Death.
I. Any member who continues in the employ of the City on or after the
date he (i) acquires ten (10) years of total service credit and (2)
attained age fifty-five (55) years may, at any time prior to the ef-
fective date of his retirement, elect option (a) provided for in
Sectinn 6.05 and nominate a beneficiary whom the Board finds to be
dependent upon him for at least fifty per cent (50%) of his support
due to lack of financial means. Prior to the effective date of his
retirement, but not thereafter, the said member may revoke his said
election of option (a) and nomination of beneficiary and he may again
elect the said option (a) and nominate a beneficiary as provided in
this Division I. Upon the death of a member who has an option (a)
election in force, his beneficiary, if living, shall immediately
receive the same pension to which the said beneficiary would have
been entitled had the said member retired the day preceding the date
of his death, notwiths$,nding that he might not have attained his
Page 4903
voluntary retirement age. If a member has an option (a) election in
force at the time of his retirement his said election of option (a)
and nomination of beneficiary shall thereafter continue in force,
unless prior to the effective date of his retirement he elects to
receive his pension as a straight life pension or according to option
(b) provided for in Section 6.05.
II. Any member who continues in the employ of the City on or after
the date he (1) acquires ten (10) years of total service credit and
(2) attained age fifty-five (55) years, and does not have an option
(a) election in force, as provided in Division I of this section, and
(1) dies while in the employ of the City, and (2) leaves a widow, or
in the case of a female member leaves a widower whom the Board finds
to be totally and permanently disabled and to have been dependent upon
the said female member for at least fifty per cent (50%) of his support,
the said widow or widower, as the case may be, shall immediately receive
the same pension to which the said widow or widower would have been
entitled if the said member had (1) retired the day preceding the date
of his de no withstanding that he might not have attained his
voluntary tte ) elected option (a) provided for in Section 6.05,
and (3) nominated his said widow or widower, as the case may be as
beneficiary.
Section 6.07. Duty Death. In the event a member dies as the result of
a personal injury or disease arising solely and exclusively out of and in
the course of his employment with the City, and such death, injury or
disease resulting in death, be found by the Board to have been the result
of his actual performance of duty in the employ of the City, the applicable
benefits provided for in paragraphs (a), (b), (c), and (d) of this section
shall be paid, subject to paragraph (e) of this section: Provided, that (1)
no pensions become payable under Section 6.06 on account of the said member's
death, and (2) workmen's compensation becomes payable on account of his death.
(a) His accumulated contributions standing to his credit in the pension
savings fund at the time of his death shall be paid to such person or
persons as he shall have nominated by written designation duly executed
and filed with the Board. If there be no such designated person or
persons surviving the said member his said accumulated contributions
shall be paid to his estate.
(b) His widow shall receive a pension equal to her weekly workmen's
compensation converted to an annual basis. The said widow's pension
shall begin upon termination of the statutory period for payment of
her workmen's compensation and shall continue until her remarriage or
death.
(c) His unmarried child or children under age eighteen (18) years shall
each receive a pension equal to such child's weekly workmen's compensa-
tion converted to an annual basis. The said child's pensi on shall begin
upon termination of the statutory period for payment of said workmen's
compensation and shall continue to his adoption, marriage, attainment of
age eighteen (18) years, or death, whichever occurs first. In the event
the widow's pension provided for in paragraph (b) of this section is
terminated, each such child's pension shall be increased by an equal
share of said widow's pension.
Page )4904
(d) His parents shall each receive a pension equal to such parent's
weekly workmen's compensation converted to an annual basis. The said
parent's pension shall begin upon termination of the statutory period
for payment of said workmen's compensation and shall continue until
his or her remarriage or death.
(e) As used in this section the term "widow" means the person to whom
the said member was marr_Led at the time his employment with the City
terminated.
Section 3. Sections 7.01, 7.02 and 7.03 of Article 7.00 of Ordinance No. 77
known as the Retirement Plan Ordinance are hereby amended to read as follows:
Section 7.01. Disability Incurred.
(a) Upon the application of a member, or his department head, a member
who (1) has ten (10) or more years of total service credited to his service
account, and (2) becomes totally and permanently incapacitated for duty in
the employ of the City, by reason of a personal injury ar disease, may be
retired by the Board: Provided, that after a medical examination of the
said member made by or under the direction of a medical committee, con-
sisting of three (3) physicigns, one (1) of whom shall be appointed by the
Board, one (1) by the said member, and the third by the first two (2)
physicians so named, the said medical committee certifies to the Board, by
a majority opinion in writing (1) that the said member is mentally or
physically totally incapacitated for duty in the employ of the City,
(2) that such incapacity will probably be permanent, and
(3) that such member should be retired.
(b) The ten (10) or more years of total service requirement contained
in paragraph (a) above will be waived in the event the Board finds (1)
the member's total and permanent mental or physical incapacity is the natural
and proximate result of causes arising out of and in the course of his
actual performance of duty in the employ of the City, and (2) the member
is in receipt of workmen's compensation on account of such incapacity.
Section 7.02. Pension: Disability Incurred after Age Fifty-five (55).
A member who retired at or after his attainment of age fifty-five (55)
years on account of disability, as provided in Section 7.01, shall receive
a disability pension computed in accordance with the provisions of Section
6.03, notwithstanding that he might not have attained his voluntary retire-
ment age. His said disability pension shall be subject to Section 7.04.
Upon his retirement he shall have the right to elect an option provided
for in Section 6.05.
Section 7.03. Pension: Disability Incurred Before Age Fifty-five (55).
(a) A member who retires prior to his attainment of age fifty-five (55)year-
on account of disability, as provided in S cti on 7.01, shall receive a dis-
ability pension computed according to Section 6.03: Provided,that for the
sole purpose only of computing his said disability pension his total service
credit shall be increased by the number of years, and fraction of a year
contained in the period from the date of his retirement to the date he
would attain age fifty-five (55) years. His said disability pension shall
be subject to ecti.on7.04. Any workmen's compensation received by him on
Page 4.905
account of his City employment shall be deducted from his disability pension.
161. Upon his retirement he shall have the right to elect an option provided for
in Section 6.05.
(b) In the event the Board finds (1) the member's total and permanent
mental and physical incapacity is the natural and proximate result of
causes arising out of and in the course of his actual performance of duty
in the employ of the City, the said member's disability pension provided
for in paragraph (a) of this section, payable to his attainment of age
fifty-five (55) years, shall not be less than two-thirds (2/3) of his
average final compensation. His said disability pension shall be subject
to Section 7.04.. Any workmen's compensation received by him on account of
his city employment shall be deducted from his disability pension.
Section 4.. Section 9.03 of Article 9.00 of Ordinance No. 77 known as the
Retirement Plan Ordinance is hereby amended to read as follows, and Section 9.09 is
hereby added to Article 9.00 of said ordinance as set out below:
Section 9.03. Refund of Accumulated Contributions.
(a) Should any member cease to be an employee of the City (1) before
attaining his voluntary retirement age, for any reason except his death or
retirement, or (2) after attaining his voluntary retirement age and not
be entitled to a pension, he shall be paid his accumulated contributions
standing to his credit in the pension savings fund upon his demand in writing
on forms furnished by the Board.
(b) Should any member die and no pension becomes payable on his account,
except as provided in Section 6.07, his accumulated contributions standing
to his credit in the pension savings fund, at the time of his death, shall be
subject to Section 7.04.. Any workmen's compensation received by him on
account of his city employment shall be deducted from his disability pension.
Section 4. Section 9.03 of Article 9.00 of Ordinance No. 77 known as the
Retirement Plan Ordinance is hereby amerded to read as follows, and Section 9.09 is
hereby added to Article 9.00 of said ordinance as set out below:
Section 9.03. Refund of Accumulated Contributions.
(a) Should any member cease to be an employee of the City (1) before
attaining his voluntary retirement age, for any reason except his death or
retirement, or (2) after attaining his voluntary retirement age and not be
entitled to a pension, he shall be paid his accumulated contributions stand-
ing to his credit in the pension savings fund upon his demand in writing
on forms furnished by the Board.
(b) Should any member die and no pension becomes payable on his account,
except as provided in Section 6.07, his accumulated contributions standing
to his credit in the pension savings fund, at the time of his death, shall
be paid to such person or persons as he shall have nominated by written
160 designation duly executed and filed with the Board. In the event there be
no such designated person trr persons surviving the said member, his said
accumulated contributions shall be paid to his legal representative.
(c) If any member dies without heirs and without having nominated a
Page 4906
beneficiary, as provided in this section, his accumulated contributions
standing to his credit in the pension savings fund, at the time of his death,
may be used by the Board to pay his reasonable burial expenses: Provided,
that he leaves no other estate sufficient for such purpose.
(d) Refunds of accumulated contributions provided for herein may be
made in installments according to such rules and regulations as the Board
shall from time to time adopt.
Section 9.09. Retroactivity of Amendments. No amendments to Ordinance
No. 77, being the Retirement Plan Ordinance, shall serve to increase any
pensions which are being paid as of the date of any such amendment to any
retirant or beneficiary .
Secti on 5. 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 6. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as a._fecting the validity of the remain-
ing portions of this ordinance.
The foregoing Ordinance was placed on the table for consi ration at the next regular
meeting of the Council.
By Councilman Ponder, seconded by Councilman Kleinert and unanimously
adopted, it was
#510-61 RESOLVED that,the recommendation of the Civil Service Commission
dated July 14, 1961, regarding a rate adjustment for the classification of
Assistant City Attorney is hereby referred to the Finance Committee of the
Council for its report and recommendation therewith.
By Councilman Grant, seconded by C ouncilman Daugherty and unanimously
adopted, it w as
#511-61 RESOLVED that,having considered the communication dated July 17,
1961, from the Superintendent of the Clarenceville Public Schools, suggest-
ing the construction of a pedestrian bridge across the Rouge River flood
plain in Section 1 of the City, the Council does herein refer said com-
munication to the .Engineering Division for its report and recommendation
as to the feasibility and estimated cost of such a project, and to the
Department of Law for preliminary negotiations and e stimates of the cost
of any property which may be necessary in the event that such a project is
undertaken by the City.
By Councilman Grant, seconded by C ouncilman Salvadore, it was
#512-61 RESOLVED that, having considered the request of the Industrial
Development Commission, dated July 18, 1961, the Council does hereby
Page 4907
authorize the Industrial Development Commission to expend a sum not to
exceed $1,600.00, from the appropriate account of the Commission's budget
for the purpose of placing one full page black and white advertisement in
the "Dun's Review and Modern Industry" magazine, per copy attached to
letter from Gray and Kilgore, Inc., dated July 27, 1961, identified by the
signature of the Council President.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
By Councilman Ponder, seconded by Councilman Kleinert and unanimously
adopted, it was
#513-61 RESOLVET that, having considered the special assessment report
from the Chief City Engineer, dated June 26, 1961, approved of by the
Director of Public Works and the Mayor, in regard to the paving of West
Chicago from Merriman Road to Hubbard Road, the Council does herein request
that the Engineering Division prepare a supplemental report for improving
this portion of West Chicago to a width comparable with that of the balance
of West Chicago from Hubbard Road to Farmington Road, together with pro-
visions for adequate drainage; it is further requested that this supplemental
report indicate to the Council (1) the total estimated cost of such improve-
ment, and (2) the estimated front foot cost to property owners within the
proposed district.
By Councilman Salvadore, seconded by Councilman Ponder, it was
#514-61 RESOLVED that, having considered the communication from the Chief
City Engineer, dated July 20, 1961, approved of by the Director of Public
Works and the Mayor, the Council does hereby approve of Change Order No. 3,
adding to the existing contract by and between the City of Livonia and
Wallace Constructi on Company for the construction of a public library build-
ing, the sum of $259.00 to cover the cost of necessary City permits ob-
tained by the aforementioned contractor, and in this connection authorizes
the additional expenditure of 0259.00 from the Library B and Construction
Account for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Salvadore, it was
#515-61 RESOLVED that, caving considered the communication dated July 19,
1961, from the Department of Law, the Council does hereby approve of the
agreement dated June 27, 1961, amending a certain lease agreement by and
between the City and the General. Motors Corporation, dated December 22, 1959,
so as to add thereto additional property which may be used for recreational.
Page 4908
purposes; and the Mayor and the City Clerk are hereby authorized to execute
such agreement for and on behalf of the City of Livonia and to do all other
things reasonably necessary or incidental to the full performance of this
resolution; and that the City of Livonia does hereby extend its sincere
appreciation to the General Motors Corporation for the many courtesies
extended to the City in the field of recreation and youth activities.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: D*ugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
By Councilman Grant, seconded by Councilman Daugherty and unanimously
adoptedsit was
#516r61 RESOLVED that, the request dated July 21, 1961, from Dr. Martin
D. Steinberg, requesting the installation of a street light at the corner
of RInsellor and West Seven Mile Road, is hereby referred to the Director
of Public Safety for his report and recommendation in connection therewith.
By Councilman Salvadore, seconded by Councilman Grant, it was
#517-61 RESOLVED that, having considered the communication from the
Michigan Municipal League, dated July 6, 1961, the Council does hereby
agree to accept the voluntary assessment of $151.00, as referred to in the
aforementioned letter, as a contribution toward defraying the cost of this
league's proposed activities in connection with the forthcoming constitu-
tional convention, and for this purpose authorizes payment of the same to
the Michigan Municipal League from the Public Relations Account of the
Council; and the City Clerk and City Treasurer are hereby authorized and
requested to do all other things reasonably 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: Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Grant, it was
#518-61 RESOLVED that, the Council does hereby transfer the sum of
$3,000.00 from the Industrial Commission's Salary Account to the Library
Commission's Contractual Services Account for the purpose of purchasing new
books to be located in theLibrary Building presently under construction.
A roll call vote was taken on the foregoing resolution with the following result:
imm AYES: Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Ponder and unanimously
adopted, it was
Page 4909
#519-61 RuSOLVED that, having considered the report of the Budget Director,
dated July 28, 1961, regarding the existing fire insurance coverage main-
tained by the City, and the C ouncil having carefully reviewed the same, it
does hereby authorize and direct the Budget Director to take whatever action
may be necessary in order to implement the recommendations contained in his
report referred to above.
By Councilman Daugherty, seconded by C ouncilman Salvadore and unanimously
adopted, it was
#520-61 RESOLVED that, a special meeting of the Council is hereby
scheduled for August 9, 1961, for the purpose of acting on a proposed
Ordinance regarding Sewer Connection Fees, and such other business as
the Council may determine necessary.
On motion of Councilman Salvadore, seconded by Councilman Kleinert and
unanimously adopted, this 339th regular meeting of the Council of the City of Livonia
was duly adjourned at 10:16 P. M., July 31, 1961.
a
'a r= W. Clark, City Clerk