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HomeMy WebLinkAboutCOUNCIL MINUTES 1959-12-07 Page 11191 MINUTES OF THE TWO HUNDRED NINETY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 7, 1959, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President at approximately 8:34 P. M. Councilman Sasser delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Frank O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert, Robert Sasser, Jack Salvadore and James R. McCann. Absent--. None. Austin T. Grant, President of the Council, welcomed the 9th grade Civics Class from Whitman Junior High School. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #778-59 RESOLVED that, the minutes of the 293rd regular meeting of the Council of the City of Livonia held on November 23, 1959, are hereby ap- proved. The following communications were received from the Wayne County Road Commissions November 27, 1959 To the Honorable the Common Council of the City of Livonia City Hall, 33001 Five Mile Road Livonia, Michigan Gentlemen: Re: Inkster Road, Six Mile Road to Seven Mile Road The so-called "State Agency and Public Corporation Condemnation Law", Act #149 of the Public Acts of 1911, as amended, under which the land in the above- referenced case is being acquired, requires that the consent of the City Council by resolution, be obtained before any legal proceedings are commenced for the acquisition of private property for a highway within a city. Consequently, it is respectfully requested that your Honorable Body consent by resolution, substantially in the form submitted herewith, to the acquisition by the Board of County Road Commissioners of the County of Wayne, Michigan, of the private property in the City of Livonia described in the resolution adopted by the Board on September 17, 1959, declaring and determining the taking of said private las property to be necessary for the widening and changing of Inkster Road in the City of Livonia and Township of Redford, Wayne County, Michigan, extending from the intersection thereof with Six Mile Road northerly to Seven Mile Road. Page 4192 It is requested that the Council waive reconsideration, and that immediate approval be given by the Mayor. A certified copy of the Board of Wayne County Road Commissioner's resolu- tion and a drawing of the property to be acquired are submitted herewith. Very truly yours, BOARD OF WAYNE COUNTY ROAD COMMISSIONERS By S. A. Noetzel s/s Secretary and Clerk of the Board by M.C. Buyers s/s RESOLUTION Commissioner Kreger moved the adoption of the following resolution: WHEREAS, this Board did on the 23rd day of January, A. D.1934, by proper resolution, take over jurisdiction of Inkster Road in the City of Livonia and the Township of Redford, extending from its intersection with Schoolcraft northerly to Base Line Road, which resolution was duly published and served in accordance with the statute in such case made and provided; and WHEREAS, the widening and changing of Inkster Road in the City of Livonia and the Township of Redford, Wayne County, Michigan, extending from the intersection thereof with Six Mile Road northerly to Seven Mile Road is necessary to accommodate present and future traffic conditions. NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby declare and determine, and it is hereby declared and determined, that it is necessary to widen and change said Inkster Road in the City of Livonia and Township of Redford, Wayne County, Michigan, extending from the intersection thereof with Six Mile Road northerly to Seven Mile Road, and that said improvement is a necessary public improvement for the use and benefit of the public; BE IT FURTHER RESOLVED, that this Board does hereby declare and determine, and it is hereby declared and determined, that it is necessary to take the fee to private property located in the City of Livonia, Township of Redford and County of Wayne for the making of said public improvement in accordance with the plans on file in the office of this Board; BE IT FURTHER RESOLVED, that the attorney for this Board is hereby authorized and directed to institute condemnation proceedings against the owners and other parties in interest to acquire the fee to private property necessary for the making of such public improvement, all in accordance with the statute in such case made and provided, said private property being described as follows: Lands in the N.W. 1/4 of Section 7, T. 1 S., R. 10 E., Redford Township and in the east 1/2 of Section 12, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. The lands in Redford Township being described as: Page 1193 The west 60.0 feet of the south 1350 feet of the N. W. 1/4 of Section 7, T. 1 S., R. 10 E., Redford Township, subject to the rights of the public in the existing right-ofway of Inkster Road. Also: The west 27.0 feet of lots 547 to 563, both inclusive of "SMITH'S LINCOLN PARK", a subdivision of part of the N. W. 1/14 of Section 7, T. 1 S., R. 10 E., Redford Twp., Wayne Co., Mich., as recorded in Liber 42 of Plats on Page 7, Wayne County Records. Also: The west 60.0 feet of the north 361 feet of the N. W. 1/14 of Section 7, T. 1 S., R. 10 E., Redford Township, subject to the rights of the public in the existing rights-of-way of Inkster and Seven Mile Roads. The lands in the City of Livonia being described as: The east 53.0 feet of the north 158 feet of the N. E. 1/4 of Section 12, T. 1 S., R. 9 E., City of Livonia, subject to the rights of the public in the existing rights-of-way of Inkster and Seven Mile Roads. Also: The parts of lots 90 and 93 lying east of a line located 20.0 feet west of and parallel to the existing Inkster Road right-ofway line of said lots and the extension north of said right-of-way line, also the east 20.0 feet of lots 94 to 107, of "GARDEN FARMS SUB." of part of the E. 1/2 of the N. E. 1/4 of Section 12, T. 1 S., R. 9 E., Livonia Twp. (now part of the City of Livonia), Wayne Co., Mich., as recorded in Liber 40 of Plats on Page 56, Wayne County Records, including the portion of vacated Clarita Avenue (formerly Haig) adjacent to lots 95 and 96, and excluding the part of lot 98 now located within the right'.of-way of Margareta Avenue. Also: The east 60.0 feet of the north 213 feet, the east 60.0 feet of the north 209 feet of the south 1203 feet and the east 60.0 feet of the north 500 feet of the south 600.63 feet of the S. E. 1/4 of Section 12, T. 1 S., R. 9 E., subject to the rights of the public in the existing right-of-way of Inkster Road. The motion was supported by Commissioner O'Brien and carried by the following vote: AYES: Commissioners Wilson, O'Brien and Kreger NAYS: None. CERTIFICATION I, Sylvester A. Noetzel, Secretary and Clerk of the Board of County Road Commissioners of the County of Wayne, Michigan, do hereby certify that the foregoing is a true and complete copy of an excerpt from the minutes of a meeting of said Board held on the 17th day of September, A. D. 1959, as appears of record in the office of said Board; that I have compared it with the original and it is a true transcript therefrom. IN TESTIMONY WHEREOF, I have hereunto set my hand at Detroit this 17th day of September, A. D. 1959. Sylvester A. Noetzel s/s Secretary and Clerk of the Board Page 419)4 By Councilman Sasser, seconded by Councilman Salvadore, it was #779-59 RESOLVED that, having considered the request dated November 27,1959, from the Board of Wayne County Road Commissioners in connection with the proposed widening and changing of Inkster Road in the City of Livonia and Township of Redford extending from the intersection thereof with Six Mile Road northerly to Seven Mile Road for the purpose of accommodating present and future traffic conditions, this Council does, in accordance with the provisions of Act 149 of the Public Acts of 1911, as amended, give its consent to the said Board to acquire the fee to private property necessary for the making of such public improvement, said private property being described as follows: The east 53.0 feet of the north 458 feet of the N. E. 1/4 of Section 12, T. 1 S., R. 9 E., City of Livonia, subject to the rights of the public in the existing rights-ofway of Inkster and Seven Nile Roads. Also:. The parts of Lots 90 and 93 lying east of a line located 20.0 feet west of and parallel to the existing Inkster Road right- of-way line of said lots and the extension north of said right-of- way line, also the east 20.0 feet of Lots 94 to 107, of "Garden Farms Subdivision" of part of the E. 1/4 of the N.E. 1/4 of Section 12 T. 1 S., R. 9 E., Livonia Twp. (now part of the City of Livonia), Wayne County, N$chi gan, as recorded in Liber 40 of Plats on Page 56, Wayne County Records, including the portion of vacated Clarita Avenue (formerly Haig) adjacent to Lots 95 and 96, and excluding the part of Lot 98 now located within the right-of- way of Margareta Avenue. Also: The east 60.0 feet of the north 243 feet, the east 60.0 feet of the north 209 feet of the south 1203 feet and the east 60.0 feet of the north 500 feet of the south 600.63 feet of the S. E. 1/4 of Section 12, T. 1 S., R. 9 E., subject to the rights of the public in the existing right-of-way of Inkster Road. A roll call vote was taken on the foregoing resolution with the following results AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Salvadore, seconded by Councilman Bagnall and unanimously adopted, it was #780-59 RESOLVED that, having considered the communication from the Mayor dated November 25, 1959, in regard to the shortage of working space in the City buildings, the Council does hereby request that the Water and Sewer Board submit to this Council, as soon as is reasonably possible, the most practical and most financially feasible method of providing separate quarters for the Water and Sewer Division. Councilman Bagnall read a report dated December 2, 1959, from the Finance and Insurance Committee of the Council, which was received and placed on file. Page 4195 By Councilman McCann, seconded by Councilman Sasser, it was #781-59 RESOLVED that, the request of Roy R. Lindsay, Supervisor, Town• ship of Plymouth, for auxiliary water supply through Livonia facilities, is hereby tabled for further study and legal opinion as to item (e) in the proposed resolution. A roll call vote was taken on the foregoing resolution with the following results AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Sasser, it was #782-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated November 27, 1959, approved by the Director of Public Works, and the communication attached thereto under the same date from the Engineering firm of Hubbell, Roth & Clark, Inc., the Council does hereby give its approval to a modification of the contract by and between the R. E. Dailey Company and the Office of the Wayne County Drain Commis- sioner, in connection with the construction of Section I of the Livonia Drain No. 1, so as to add thereto the items referred to in the above report from the Engineering Division, and adding also to the total contract price the sum of $8,160.58, for the purpose of covering the additional cost in connection therewith; and the City Clerk is hereby requested to transmit copies of this resolution to Henry V. Herrick, Wayne County Drain Commissioner and Chairman of the Livonia Drainage Board, Livonia Drain No. 1, to the at- tention of Mr. Stanley B. Patterson and Mr. Chester Pierce, and to the R. E. Dailey Company. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Sasser, it was #783-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated November 27, 1959, approved by the Director of Public Works, and the communication attached thereto under the same date from the Engineering firm of Hubbell, Roth & Clark, Inc., the Council does hereby give its approval to a modification of the contract by and between the Greenfield Construction Company and the Office of the Wayne County Drain Commissioner, in connection with the construction of Section III of Livonia Drain No. 1, so as to add thereto the items referred to in the above report from the Engineering Division, and adding also to the total contract price the sum of $139,057.48, for the purpose of covering the additional cost in connection therewith; and the City Clerk is hereby requested to transmit copies of this resolution to Henry V. Herrick, Wayne County Drain Commis- sioner and Chairman of the Livonia Drainage Board, Livonia Drain No. 1, to the attention of Mr. Stanley B. Patterson and Kms. Chester Pierce, and to the Greenfield Construction Company. Page 4196 A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. An Ordinance Vacating Portions of Street, Alley and Public Ground, introduced on November 23, 1959, by Councilman Kleinert, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. The President declared the ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 10.02 of Article 10.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," introduced on October 26, 1959, by Councilman McCann, was taken from the table and a roll call vote con- tort thereon with the following result: AYES: Sasser, Salvadore, McCann, O'Neill Bagnall, Kleinert and Grant. NAYS: None. The President declared the ordinance duly adopted and would become effective on publication. By Councilman Salvadore, seconded by Councilman McCann, it was #784-59 RESOLVED that, having considered the communication from the Civil Service Commission dated October 13, 1959, theCbuncil does hereby approve of and concur in the establishment of Captain in the FireIepart- ment and likewise approves a salary rate for such classification of $7,176.00 per annum. By Councilman Kleinert, seconded by Councilman O'Neill, it was RESOLVED that, the foregoing resolution be amended to include the transfer of $1139.59 from the proper account to the Payroll Account of the Fire Department, to permit appointment of this position, effective after the first pay period in the current fiscal year. A roll call vote was taken on the amendment with the following result: AYES: O'Neill, Kleinert and Grant. NAYS: Sasser, Salvadore, McCann and Bagnall. Page 4197 The President declared the amendment denied. A roll call vote was taken on resolution #784-59, with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Salvadore, it was #785.59 RESOLVED that, having considered the request of Mr. Harper Cunningham to install water and sewer facilities to the site of the proposed C. and B. Swim Club property at Lyndon Avenue opposite Adams School; and having considered the report and recommendation of the Department of Public Works dated November 30, 1959, and it appearing that said water and sewer facilities can be reasonably provided; the Council hereby authorizes the installation of said facilities and hereby appropriates the sum of $4,000.00 from the Water and Sewer Division Budget to pay for such installation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: Sasser and Kleinert. The President declared the resolution adopted. By Councilman Bagnall,, seconded by Councilman Sasser and unanimously adopted, it was #786-59 RESOLVED that, having considered the communication from Mr. John F. Wivo, 255114 Graceland Circle, Inkster, dated November 9, 1959, in regard to the proposed plat entitled College Gardens Subdivision, to be located in the Southwest 1/4 of Section 9, the Council advises the above writer that under either the existing or proposed zoning of the subject property, the proposed lot sizes in the aforementioned proposed subdivision would not be in compliance with existing ordinances and therefore such plat could not be approved by either the Planning Commission or Council; and the Council wishes to advise the writer that he has the right to file a petition with the City requesting a rezoning of the subject property so as to permit lots of a size indicated in his letter; this advice, however, should not be construed by either the writer or the Planning Commission as an indica- tion that the Council would approve such petition in the event the same were submitted in the future. By Councilman Sasser, seconded by Councilman Bagnall and unanimously adopted, it was #787-59 RESOLVED that, the report and recommendation of the Chief City Engineer dated November 27, 1959, and approved by the Director of Public Works, in regard to the proposed improvement of the West Chicago Pumping Page 4198 Station, is hereby referred to the Water and Sewer B oard for its recommend- ation as to the necessity of such project and as to the availability of funds to finance same and the C ouncil, believing this to be a matter of urgency, requests that the Water and Sewer Board submit its recommendation by December 16, 1959. By Councilman Sasser, seconded by Councilman Salvadore, it was #788-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated November 24, 1959, approved by the Director of Public Works, the Council does hereby authorize final payment to the S. Weissman Excavating Company of the balance of $17,465.91 due and owing on a contract by and between that company and the City of Livonia, dated December 22, 1958, for the construction of additions to the Livonia Water System, Section III, it appearing from the aforementioned recommendation that such work has been performed in accordance with contract specifica- tions; and the City Clerk and City Treasurer are hereby authorized to do all things necessary to the full performance of this resoluti oh; provided, however,, that the above authorization is subject to the contractor deposit- ing with the City of Livonia the Contractor's Affidavit or Surety release and a release from the Wayne County Road Commission in accordance with the contract specifications. A roll call vote was taken on the foregoing resolution with the following results AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman B agnall, it was #789-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated November 27, 1959, approved by the Director of Public Works, the Council does hereby authorize final payment to Chas. F. Smith & Son, Inc., of the balance of $167,133.00 due aid owing on a contract by and between that company and the C ity id' Livonia, dated December 19, 1958, for the construction of additions to the Livonia Water System, Section II, it appearing from the aforementioned recommendation that such work has been performed in accordance with contract specifications; and the City Clerk and City Treasurer are hereby authorized to do all things necessary to the full performance of this resolution; provided, however, that the above authoriza- tion is subject to the contractor depositing with the City of Livonia the Contractor's Affidavit or Surety release and a release from the Wayne County Road Commission in accordance with the contract specifications. A roll call vote was taken on the foregoing resolution with the following results AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Salvadore, seconded byCouncilman McCann, it was #790-59 RESOLVED that, pursuant to the report and recommendation of the Page 11199 Chief City Engineer dated November 27, 1959, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolu- tion #171-59 adopted on March 16, 1959, so as to reduce the bond for re- maining improvements in Idyl Wyld Estates Subdivision to the amount of $15,000.00, and the City Clerk and City Treasurer are hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman McCann, it was #791-59 RESOLVED that, pursuant to the report and recommendation of the Superintendent-Operations Division dated November 30, 1959, approved by the Director of Public Works, the Council does hereby accept the bid of the Nelson Company, 26011 Fourth Avenue, Detroit 1, for supplying the City with water service parts and fittings at the submitted bid price of $1,902.00, such having been in fact the lowest bid received for these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. The report of the Municipal Court for the month of October, 1959, was received and placed on file. By Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, it was #792-59 RESOLVED that, having considered the communication from the Michigan Liquor Control Commission dated November 3, 1959, arra the report and recommendation of the Livonia Police Department dated December Li, 1959, the Council does hereby approve the request from Spee Dee Food Mart, Inc., for a new SDM license to be located at 34899 Plymouth Road, Livonia, Michigan. By Councilman Sasser, seconded by Cbuncilman Salvadore and unanimously adopted, it was #793-59 RESOLVED that, having considered the communication from the Michigan Liquor Control Commission dated November 3, 1959, and the report and recommendation of the Livonia Police Department dated December lb 1959, the Council does hereby approve the request from Spee Dee Food Mart, Inc., for a new SDM license to be located at 28)WJili Joy Road, Livonia, Michigan. By Councilman Salvadore, seconded by Councilman Bagnall and unanimously adopted, it was Page 14200 #7914-59 RESOLVED that, having considered the communication from the Michigan Liquor Control Commission dated October 21, 1959, and the report and recommendation of the Livonia Police Department dated December Li, 1959, the Council does hereby approve the request from Gerald R. Fracassi and Ray F. Fracassi for a new 5DM license to be located at 28225 Five Mile Road, Livonia, Michigan. Austin T. Grant, Chairman of the Transportation Committee, gave a brief oral report as to the new DSR extensions on Six Mile Road, Five Mile Road and Schoolcraft Road. On motion of Councilman Bagnall, seconded by Councilman O'Neill and unanimously adopted, this 294th regular meeting of the Council of the City of Livonia was duly adjourned at 9:26 P. M., December 7, 1959. MW. Clark, City Clerk.