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HomeMy WebLinkAboutCOUNCIL MINUTES 1959-08-24 Page 4040 MINUTES OF THE TWO HUNDRED EIGHTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 24, 1959, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President at approximately 8:43 o'clock p. m.. Councilman Kleinert 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 and James R. McCann. Absent -- Jack Salvadore. By Councilman McCann, seconded by Councilman Bagnall and unanimously adopted, it was #505-59 RESOLVED, that the minutes of the 284th regular meeting of the Council of the City of Livonia held on August 10, 1959, are hereby approved. By Councilman Bagnall, seconded by Councilman O'Neill and unanimously adopted, it was #506-59 RESOLVED that, having considered the correspondence from the Mayor dated August 17, 1959, in regard to appraisals received for the property situated at 13335 Farmington Road, the Council does hereby authorize the Department of Law to negotiate for the purchase of such property and to report the results of such negotiations to the Council for its consideration as soon as is reasonably possible; and further does hereby request the Department of Public Works to submit a report to the Council detailing the anticipated expense for the improvement of this property and building. The President relinquished the chair to the Vice-President at 9:48 p.m.. By Councilman Grant, seconded by Councilman Bagnall and unanimously adopted, it was #507-59 RESOLVED that, having considered the various communications from the Mayor's office and from the D.S.R., the Council does hereby request and approve of an extension of D.S.R. service into the City of Livonia on Plymouth Road to Farmington Road for a sixty (60) day period commencing in September, such extension to be on an experimental basis and without cost to the City of Livonia, and further the Council does likewise approve of any other extension of service into the City of Livonia which the D.S.R. should be contemplating; provided, however, that no liability of any nature whatsoever shall accrue to the City of Livonia by reason of such D.S.R. service operations in this municipality. Page 4041 The President resumed the chair at 8:49 p. m. . By Councilman Kleinert, seconded by Councilman McCann, it was #508-59 RESOLVED, that the City of Livonia, for the consideration hereinafter named, hereby transfers its entire right, title and interest in a certain easement dated December 27, 1957, as executed by one Frederick P. Esper and Vera May Esper, his wife, as grantors, to the City of Livonia, a Michigan Municipal Corporation, as grantee; also the easement dated December 16, 1957, executed by Inez O'Connor, sole survivor of herself and her deceased husband, John J. O'Connor, as grantor, to the City of Livonia, a Michigan Municipal Corporation, as grantee, for the purpose of granting to the County of Wayne a right- of-way through the aforesaid lands as described in said easements, being assigned in connection with the Livonia Drain Project No. 1; that this assignment is made in consideration of the City of Livonia receiving from the County of Wayne the sum of $17,245.00 for said assignment to be paid out of the proceeds of the bond issue to be sold in connection with the financing of the aforesaid project; that the Mayor and City Clerk are hereby authorized to execute such assignment conveying the right, title and interest of the City of Livonia in said easement to the County of Wayne upon such form as approved by the City Attorney. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Bagnall, it was #509-59 RESOLVED, that the City of Livonia hereby grants to the County of Wayne an easement over the North 25 feet of the South 40 feet of the following legally described property: Part of the North 1/2 of Section 35, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, being more particularly described as beginning at a point on the East and West 1/4 Section line, south 89 degrees 57 minutes 35 seconds West 650.15 feet from the center 1/4 post of said Section 35 and running thence along the East and West 1/4 Section line, South 89 degrees 57 minutes 35 seconds West 667.00 feet; thence North 0 degrees 21 minutes 20 seconds East 592.98 feet, in the following four courses and distances along the South line of Devonshire Park Subdivision as recorded in Liber 76, pages 59 and 60; thence due east 0.19 feet; thence on a curve to the left having a radius of 530.00 feet, a central angle of 21 degrees 37 minutes 35 seconds, an arc distance of 200.05 feet, whose chord bears North 79 degrees 11 minutes 12-1/2 seconds East a chord distance of 198.86 feet; thence on a curve to the right having a radius of 568.18 feet, central angle 21 degrees 35 minutes 10 seconds, an arc distance of 214.06 feet, whose chord bears North 89 degrees 10 minutes 00 seconds East a chord distance of 212.80 feet to a point on tangent; thence North 89 degrees 57 minutes 35 seconds East 256.73 feet; thence along the Westerly line of School Property, South 0 degrees 10 minutes 38 seconds East 670.00 feet to the Place of Beginning; Page 4042 for the purpose of installing and constructing a storm sewer line in connection with Livonia Drain Project No. 1; that the Mayor and City Clerk are hereby authorized to execute said easement on behalf of the City of Livonia upon such form as approved by the City Attorney. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Sasser, and unanimously adopted, it was #510-59 RESOLVED, that pursuant to the provisions of Chapter VIII, Section 12 of the City Charter and Section 6 of Ordinance No. 216, the Financial Ordinance, the Council does hereby designate the firm of Lybrand, Ross Bros. & Montgomery, Certified Public Accountants, Book Building, Detroit 26, Michigan, as the City Auditor for the fiscal year 1959-60, to prepare the audit required by the above provisions of law, and further the Council does hereby authorize such firm to examine and audit the financial records of the Water and Sewer Division of the City of Livonia for the fiscal year ending February 28, 1961, and the aforementioned firm is requested to prepare and submit to the Council two separate agreements relating to the above services, which agreements shall be consistent with the services rendered by such firm during the present fiscal year and which shall fix the duties and responsibilities of the City Auditor and the compensation to be received for the services rendered, and further that notwithstanding any of the above, the City shall not be construed to have assumed any responsibility or liability in connection with such services until the aforementioned agreements have been submitted to and approved by the Council and signed by the Mayor and City Clerk. By Councilman Bagnall, seconded by Councilman Kleinert, it was ;,x-511-59 RESOLVED, that having considered the recommendation from the Department of Law dated April 30, 1959, and also, there having been submitted to the Council a proper stipulation signed by all parties in interest, the Council does hereby agree to compromise and settle the litigation entitled Donald Wilson vs. Elbert M. Hartom, Hugh J. Wood Jr. and the City of Livonia, the same being Supreme Court Case No. 47801, for the sum of $7,500.00, which sum has been mutually agreed upon by all parties as a reasonable basis for settlement and the Department of Law is hereby instructed to do all things necessary and incidental to the full performance of this resolution; and further that said $7,500.00 is hereby appropriated from the Unappropriated Surplus to the Department of Law Account No. 107-65, entitled Special Judgements, and the City Clerk and City Treasurer are hereby authorized to pay the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Sasser and Grant. NAYS: McCann. The President declared the resolution adopted. Page 4043 By Councilman Kleinert, seconded by Councilman Bagnall, it was #512-59 RESOLVED, that the Council does hereby amend Resolution #482-59 adopted on August 10, 1959, so as to delete therefrom the following language: "and the South 1/2 of Section 10 shall remain RUF except that RUF shall extend 617 feet due North of the centerline of Curtis westerly to Brookfield from the end of Curtis," and to substitute therefor the following language: "the South 1/2 of Section 10, excepting therefrom Parcels GG1 and HH1, shall remain RUF and the South 617 feet of Parcels R, S2, T and U2 and Lots 1 through 10b, inclusive, of Marvin's Robin Hood Subdivision in the North 1/2 of Section 10 shall remain RUF." A roll call vote was taken on the foregoing resolution with the following result : AYES: McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: Sasser. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Sasser, it was #513-59 RESOLVED, that having considered the recommendation of the Budget Director dated August 11, 1959, and the accompanying recommenda- tion of the Operations Division dated May 18, 1959, the Council does hereby accept the bid of Murray W. Sales { Company for supplying to the City electric sewer cleaning equipment at their bid price of $425.00, 2% discount if cash within 30 days, and further that this bid is ac- cepted rather than the low bid because the increased safety feature of the above equipment more than justifies the difference in price of $20.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Kleinert, it was #514-59 RESOLVED, that having considered the communication from the City Treasurer dated August 13, 1959, the Council does hereby determine that in the future special assessments for improvements against city-owned property shall be paid from the General Fund and further that in connection with Special Assessment District No. 10, the Council does hereby determine and authorize the City Treasurer to make payment of those charges referred to in his letter, namely $5.51 and $31.41 annually from the General Fund and for that purpose authorizes whatever transfer of funds might be necessary in order to accomplish the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant. NAYS: None. Page 4044 By Councilman Bagnall, seconded by Councilman O'Neill, it was RESOLVED, that having considered the report and recommendation of the City Planning Commission dated June 23, 1959, in connection with Petition No. Z-385 submitted by Myer Klein for a change of zoning in the Northeast 1/4 of Section 13 from R1B to PS, the Council does hereby approve of and grants such petition; and the Department of Law is hereby instructed to prepare an ordinance amending Ordinance No. 60 in accor- dance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill and Bagnall. NAYS; McCann, Kleinert, Sasser and Grant. The President declared the resolution denied. By Councilman Kleinert, seconded by Councilman Sasser, it was #515-59 RESOLVED, that pursuant to the report and recommendation of the City Planning Commission dated June 23, 1959, in connection with Petition No. Z-385 submitted by Myer Klein for a change of zoning in the Northeast 1/4 of Section 13 from R1B to PS, the Council does herein concur with said recommendation and Petition No. Z-385 is denied for the reasons contained in the aforementioned communication of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES; McCann, Kleinert, Sasser and Grant. NAYS: O'Neill and Bagnall. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #516-59 RESOLVED, that the Council does hereby re-affirm its approval of Joy Ann Subdivision No. 2, which approval was previously given in Council Resolution No. 21-58, adopted on January 6, 1958. By Councilman Bagnall, seconded by Councilman O'Neill and unanimously adopted, it was #517-59 RESOLVED, that having considered the recommendation of the Police Department dated August 13, 1959, and the communication from the Michigan Liquor Control Commission dated July 14, 1959, the Council does hereby approve of the request from Bill A. Novachis and Ted Traynoff for a transfer of ownership for a 1959 SDM license from John Shepanek, 33308 West Seven Mile Road, Livonia, Michigan. Page 4045 By Councilman Sasser, seconded by Councilman Kleinert and unanimously adopted, it was #518-59 RESOLVED, that having considered the recommendation of the Police Department dated August 13, 1959, and the communication from the Michigan Liquor Control Commission dated July 8, 1959, the Council does hereby approve of the request from Hazel M. Habermehl for transfer of ownership for a 1959 SDD License from Cecil H. Habermehl Estate, 32139 Plymouth Road, Livonia, Michigan. By Councilman Sasser, seconded by Councilman McCann and unanimously adopted, it was #519-59 RESOLVED, that pursuant to the request from Norman J. Cohen dated August 14, 1959, the Council does hereby approve of changing the names of the proposed plats for Bonnydale Subdivisions No. 3 and No. 4 to Fairway Farms Subdivision and Fairway Farms Subdivision No. 2; and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution. By Councilman Bagnall, seconded by Councilman McCann, it was #520-59 RESOLVED, that pursuant to the report and recommendation of the Chief City Engineer dated August 17, 1959, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council Resolution No. 214-59 adopted April 13, 1959, so as to reduce the bond for improvements in Fairway Farms Subdivision (formerly Bonnydale Sub- division No. 3) to the amount of $32,000.00 to cover the installation of remaining improvements; and the City Clerk is hereby authorized to do all things necessary and incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Bagnall, it was 7;'521-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated August 7, 1959, approved by the Director of Public Works, the Council does hereby authorize payment to the S. Weissman Excavating Company the balance of $714.76 due and owing on a contract by and between such company and the City of Livonia dated August 19, 1958, for the construction of a sanitary sewer extension in Hubbell Road, it appearing from the aforementioned recommendation that such work has been performed in conformance with city specifications; and the City Clerk and City Treasurer are hereby authorized to do all things necessary and incidental to the full performance of this resolution. Page 4046 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Bagnall, it was #522-59 RESOLVED, that having considered the report and recommendation of the Chief City Engineer dated August 17, 1959, and approved by the Director of Public Works, the Council does hereby approve of the pre- liminary plans and estimates dated August 17, 1959, for the proposed construction of the Hubbard Road bridge at the Bell Creek prepared by the firm of Mortenson & Sfat, Bridge and Highway Consulting Engineers, Detroit, Michigan, and further the Council does hereby authorize the Mayor and City Clerk to affix their signatures to a contract with the aforementioned firm for the preparation of all necessary plans and specifications in connection with such proposed project for a fee equal to five percent (5%) of the actual construction cost; and the Mayor and City Clerk are hereby authorized to do all things necessary and incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Sasser, it was #523-59 RESOLVED that, Mr. John F. Uznis, of John F. Uznis Builders, Inc., 24610 Michigan Avenue, Dearborn, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Idyl Wyld Estates Subdivision No. 2, located in the North- east 1/4 of Section 20, City of Livonia, Wayne County, Michigan, and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of January 6, 1959; and it further appearing that said proposed plat, together with the plans and specifica- tions for improvements therein, have been approved by the Department of Public Works under date of March 16, 1959 and August 17, 1959; 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 satis- factorily installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; Page 4047 (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed 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: Seventy-eight Thousand ($78,000.00) Dollars, Eight Thousand ($8,000.00) of which shall be deposited in 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 provisions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant. NAYS: None. The report of the Municipal Court for the month of July, 1959, was received and placed on file for the information of the Council. By Councilman Sasser, seconded by Councilman Kleinert and unanimously adopted, it was #524-59 RESOLVED, that having considered the report of the Engineering Division dated December 3, 1958, the Council does hereby authorize the Department of Public Works to advertise for and receive bids for the construction of sidewalks on the west side of Harrison adjacent to the Wilson School and adjoining city property in Section 35 of the City of Livonia. By Councilman McCann, seconded by Councilman Bagnall, it was #525-59 RESOLVED that, having considered the request of the Municipal Judge dated August 14, 1959, approved by the Mayor and Budget Director, the Council does hereby transfer the sum of $600.00 from the Unappropriated Surplus to the Municipal Court Budget Account No. 45 (jury and witness fees) to be used for such purpose for the balance of the present fiscal year. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant. NAYS: None. Page 4048 By Councilman Bagnall, seconded by Councilman McCann, it was #526-59 RESOLVED that, having considered the request from the Chief Inspector dated August 11, 1959, and approved by the Director of Public Works, Mayor and Budget Director, the Council does hereby transfer from the Unappropriated Surplus the following sums: $1,775.00 to Inspection Division Budget Account #1-A, and $ 775.00 to Inspection Division Budget Account #1-X, such funds to be used for the purpose of employing additional temporary inspectors and a Jr. Clerk-Typist for the balance of the present fiscal year. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman McCann, seconded by Councilman O'Neill, it was #527-59 RESOLVED that, having considered the recommendation of the Budget Director dated August 18, 1959, approved by the Mayor, the Council does hereby transfer the sum of $300.00 from the Unappropriated Surplus to Department of Law Budget Account No. 1-A (salaries) for the purpose of employing temporary help during the month of September, 1959. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Kleinert, it was RESOLVED that #528-59 WHEREAS, the City of Livonia, desiring to enter into a contract for the collection and disposal of municipal garbage and rubbish of the City of Livonia, did advertise according to law on July 2, 1959, and did receive various proposals for the collection and disposal of garbage and rubbish of the City of Livonia in accordance with the terms and the pro- posed Contracts A and B made available to all bidders; and WHEREAS, the Council of the City of Livonia has determined the proposal submitted by Commercial Removal, a Michigan Co-partnership,in connection with proposed Contract A to be the lowest and best bid for such services, and the Department of Public Works having recommended that the proposed Contract A be awarded to Commercial Removal, 20007 Dequindre, Detroit 34, Michigan; NOW, THEREFORE, BE IT RESOLVED that the Council does hereby accept the proposal of Commercial Removal dated August 7, 1959, to collect and dispose of garbage and rubbish of the City of Livonia for the Page 4049 Five-year period commencing October 1, 1959, through September 30, 1964, in accordance with the terms, conditions and specifications of the proposed Contract A, referred to in the said legal advertisement and contract documents, at the submitted bid price of: Between 14,500 to 16,500 $0.72 per month per unit Between 16,500 to 18,500 $0.71 per month per unit Between 18,500 to 20,500 $0.70 per month per unit Between 20,500 to 22,500 $0.69 per month per unit Between 22,500 to 24,500 $0.68 per month per unit 24,500 and over $0.67 per month per unit and that the successful bidder named above shall execute with the city the proposed contract within ten (10) days from the date of this resolution and shall deposit with the city upon, or prior to the execution of proposed Contract A, duplicate policies or certificates of insurance, the performance bond and cash bond as required by the aforementioned con- tract documents; and the Mayor and City Clerk are herein authorized to affix their signatures to Contract A for and on behalf of the City of Livonia and to do all things necessary or incidental to the full per- formance of this resolution; and further, that upon the proper execution of the aforementioned contract and depositing of the aforementioned instruments, the City Clerk is hereby authorized to return to all un- successful bidders the cash deposits submitted in connection with their respective bids. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman McCann, it was #529-59 RESOLVED, that the Engineering Division of the Department of Public Works is hereby authorized to commence and complete a survey of the so-called Light Weight Aggregate property so as to determine an accurate legal description of the excavation to be purchased by the City of Livonia from that corporation to be used as a sanitary land fill site and for that purpose, the Council does hereby authorize the use of $1,000.00 from the funds in the Special Municipal Refuse Account of the budget. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman McCann, seconded by Councilman O'Neill, and unanimously adopted, it was #530-59 RESOLVED, that Resolution No. 504-59, adopted by the Council at its regular meeting held on August 10, 1959, is hereby rescinded. Page 4050 By Councilman Bagnall, seconded by Councilman Kleinert, it was #531-59 RESOLVED, that the Council having determined to and having accepted the low bid for the proposed Contract A for the collection of municipal garbage and rubbish for a proposed five-year bid commencing October 1, 1959, which contract requires the city to furnish for the contractor satisfactory and convently located sanitary land fill site, the Council does hereby determine to and does exercise its option dated June 29, 1959, with the Light Weight Aggregate Corporation for the pur- chase of the excavated portion of that company's property situated in the South 1/2 of Section 27 of the City of Livonia, such purchase to be made in accordance with the terms and conditions of the aforementioned option agreement and for this purpose the Council does hereby authorize the use of $48,500.00 from the Special Municipal Refuse Account of the budget, and further, the Mayor and the City Clerk 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: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Bagnall, it was #532-59 RESOLVED that, having considered the recommendation of the Police Department dated August 18, 1959, and the communication from the Michigan Liquor Commission dated August 17, 1959, the Council does hereby approve of the request from Danna Distributing Company, Inc. to transfer location of their wholesale beer and wine business from 13331 Inkster Road, Livonia, Michigan, to 15382 Middlebelt Road, Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Ileinert, Sasser and Grant. NAYS: McCann. The President declared the resolution adopted. By Councilman Sasser, seconded by Councilman McCann, it was ;7.533-59 RESOLVED that, having considered the report and recommendation of the Chief City Engineer and the Director of Public Works, dated August 24, 1959, and approved by the Mayor, the Council does hereby appropriate from the Subdivision Inspection Account to Budget Account No. 130-1 I (Jr. Inspectors) the sum of $6,500.00 to be used for sub- division improvements inspectors' salaries in the Engineering Division; Further, that a current statement in regard to said Account No. 130-1 I shall be submitted to the Council within thirty days by the Budget Director. Page 4051 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant. NAYS: None. On motion of Councilman McCann, seconded by Councilman Bagnall and unanimously adopted, this 285th regular meeting of the Council of the City of Livonia was duly adjourned at 9:50 o'clock p. m., August 24, 1959. farie W. Clark, City Clerk r