HomeMy WebLinkAboutCOUNCIL MINUTES 1962-06-06 Page 570
MINUTES OF THE THREE HUNDRED SIXTY-SIXTH REGULAR MEETIN.
OF THE COUNCIL OF THE CITY OF LIVONIA
On June 6, 1962, 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 8:12 P. M. Councilman Daugherty delivered the invocation. Roll was
called with the following result: Present-- Sydney B. Bagnall, John T.Daugherty,
William E. Parks, Rudolf R. Kleinert, John F. Dooley, Edward H. McNmnara and James R.
McCann. Absent-- None.
Elected and appointed City Officials present: Juanita Hillas, Deputy City
Clerk; Charles J. Pinto, Assistant City Attorney; Alan Walt, City Attorney; Carrol
Lock, Budget Director; William Strasser, Chief City Engineer; Howard Middlewood,
Acting Chief Building Inspector; Robert Shaw, Director of Public Works; Charles
Trick, Director of Public Safety; and David R. McCullough, City Planner.
By Councilman Kleinert, seconded by Councilman McNamara and unanimously
adopted, it was
#416-62 RESOLVED that, the minutes of the 365th regular meeting of the
Council of the City of Livonia held May 28, 1962, are hereby approved.
The letter dated May 28, 1962, from the Mayor, conveying an invitation from
the Personnel Director of the Chevrolet Spring and Bumper Plant regarding a tour of
that plant, was received and placed on file.
A report from the Streets, Roads and Plats Committee was submitted by
Councilman Dooley, Chairman.
By Councilman McCann, seconded by Councilman Daugherty, it was
#417-62 RESOLVED that, having considered the report and recommendation
dated April 30, 1962, from the Chief City Engineer, approved by the Mayor
and Director of Public Works, as well as the report and recommendation
dated June 6, 1962, from the Streets, Roads and Plats Committee, in con-
nection therewith, the Council does hereby approve of participating in
the cost of improving and widening Middlebelt Road from Five Mile Road to
Eight Mile Road, in the City of Livonia, to the extent of 1/3 of the total
actual cost of such project, the balance to be a County obligation and, in
connection with this matter, the Director of Public Works is hereby requested
Page 51171
to immediately advise the Board of Wayne County Road Commissioners of this
action; and to request (1) that this project be programed for construction
as soon as is reasonably possible, and (2) that the necessary contract be
prepared and submitted to the City for its approval and execution; provided
further that the Council does hereby take this action on the understanding
that the total estimated cost of such project is $1,359,300.00, and that
the estimated cost to the City will be $148,600.00; and the City Clerk is
hereby requested to forward a copy of this resolution to the Boars of Wayne
County Road Commissioners.
A roll call vote was taken on the foregoing f'esolution with the following result:
AYES: McNamara, McCann, Daugherty, Dooley and Bagnall.
NAYS: Parks and Kleinert.
The President declared the resolution adopted.
By Councilman McNamara, seconded by Councilman Daugherty and unanimously
adopted, it was
#418-62 RESOLVED that, the communication dated April 19, 1962, from the
Director of Public Safety, submitted pursuant to resolution #233-62, re-
commending the installation of a street light at Middlebelt and Sunnydale,
be received and filed pending receipt of the City-wide Street Lighting
Plan requested in resolution #220-62; and the Director of Public Safety
is urged to submit the City-wide Street Lighting Plan as soon as possible.
An Ordinance Amending Section 31.0 of Ordinance No. 12, as amended, of the
City of Livonia entitled "An Ordinance Regulating and Licensing Certain Businesses
in the City of Livonia and Providing Penalties for Violation Thereof," introduced by
Councilman McCann on May 28, 1962, was taken from the table and a roll call vote
conducted thereon with the following result:
AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
The President declared the Ordinance duly adopted and would become effective on
publi cati on.
An Ordinance Prohibiting the Placing or Posting of Certain Notices, Posters,
and Advertisements Within Public Right-of-Ways, introduced by Councilman McCann on
May 28, 1962, was taken from the table and a roll call vote conducted thereon with
the following result:
Page 5472
AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
The President declared the Ordinance duly adopted and would become effective on
publication.
By Councilman Kleinert, seconded by Councilman McCann, it was resolved that
#419-62 WHEREAS, due and proper notice having been published and mailed
to all property owners in Special Assessment District No. 16, for the in-
stallation of street lighting on Lathers Street between West Chicago and
Joy Road and Harrison and Gillman Streets in the Southeast 1/4 of Section
36 of the City of Livonia, as required by the provisions of the City Charter
and Ordinance No. 31, as amended, of the City of Livonia, and the City
Council having duly met and reviewed the special assessment proposed to be
levied in the special assessment roll prepared by the City Assessor covered
by the district in which street lighting is to be installed, such roll
having been prepared on the basis of street lighting being is tailed with
metal poles and underground cable in said Special Assessment District No.16;
NOW, THEREFORE, BE IT RESOLVED that, the said Council does hereby
determine that said lights shall be installed with metal poles and under-
ground cable and that the assessments set forth in said Special Assessment
District No. 16 Roll are fair and equitable and based upon benefits derived
in said district, in accordance with the plans of the City Engineer and
resolutions of the City Council, said Special Assessment Roll No. 16, based
on installation of metal poles and underground cable is hereby approved and
confirmed in all respects, pursuant to the provisions of Section 14 of said
Ordinance No. 31, as amended, the City Clerk shall endorse the date of con-
firmation on the Assessment Roll, and the assessment roll shall then be
immediately transmitted to the City Treasurer who shall take such further
action as set forth in Ordinance No. 31, as amended, and the City Clerk is
hereby authorized to transmit the proper street lighting order to The
Detroit Edison Company, on forms provided by them for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
By Councilman McNamara, seconded by Councilman Kleinert, it was
#420-62 RESOLVED that, the City Engineer having filed with the City Clerk
a statement dated December 12, 1961, on all matters required by Section 6
of Ordinance No. 31, as amended, and a public hearing having been held
thereon on May 16, 1962, after due notice as required by said Ordinance and
after careful consideration having been given to all such matters, the
Council does:
(1) accept and approve said statement in all respects;
(2) determine that it is necessary to make and determine to make the
Page 5473
improvement consisting of pavement on West Chicago Road between Merriman
and Hubbard Roads in the East 1/2 of Section 34 of the City of Livonia,
Wayne County, Michigan, as described in said statement, and to defray
the cost of such improvement by special assessment upon the property
especially benefited in proportion to the benefits received or to be
derived;
(3) approve the plans and specifications for said improvements as set
forth in said statement dated December 12, 1961;
(4) determine that the estimated cost of such improvement is $35,000.00;
(5) determine that the cost of said improvement shall be paid for in
part by special assessments on the property benefited thereby and in
part by the City at large, in proportions hereafter established;
(6) that the proportion of the cost and expense of said improvement
to be borne and paid by the City shall be $23,324.69, and that the
balance of said c ost and expense of said public improvement amount-
ing to $11,675.31 shall be borne and paid by special assessments on
all lands and premises in the special assessment district as herein
established in proportion to the benefits to be derived therefrom;
(7) determine that assessments made for such improvement may be paid
in ten (10) annual installments together with interest thereon in
the amount of six per cent (6%) per annum on unpaid balance;
(8) designate the assessment district, describing the land and pre-
mises upon which special assessments shall be levied as follows:
Beginning at a point on the East and West 1/4 line of Section 34,
T. 1 S., R. 9 E., distant N. 88° 52' 08" W. 60.0 feet from the
East i/4 corner of said section; thence proceeding S. 10 07' 54"
W., 343.0 feet; thence N. 88° 52' 08" W., 200.0 feet; thence N.
1° 07' 07" E., 180.0 feet; thence N. 88° 52' 08" W., 1796.65
feet; thence Southeasterly 172.59 feet along the arc of a curve
having a radius of 180.0 feet; an interior angle of 540 56' 16",
and lying Southwesterly ofihe long chord of 166.06 feet bearing
S. 260 20' 16" E.; thence S. 1° 08' 54" W., 297.79 feet to a
curve; thence Southwesterly 506.29 feet along the arc of a curve
having a radius of 663.69 feet; an interior angle of 43° 42' 28"
and lying Southeasterly of the long chord of 494.10 feet bearing
S. 230 00' 08" W.; thence S. 420 33' 11" E., 12.0 feet to a
curve; thence Southwesterly 60.02 feet along the arc of a curve
having a radius of 783.59 feet; an interior angle of 40 23' 18" and
lying Southeasterly of the long chord of 60.0 feet bearing S. 47°
26' 149" W.; thence N. 420 33' 11" W., 120.0 feet to a curve;
thence Southwesterly 476.21 feet along the arc of a curve having
a radius of 663.69 feet; and interior angle of 41° 06' 38" and lying
Southeasterly of the long chord of 466.06 feet bearing S. 70° 35'
35" W.; thence S. 10 08' 54" W. 119.90 feet; thence N. 88° 51'
06" W. 86.0 feet; thence N. 10 08' 54" E. 120.0 feet to a curve;
thence Northwesterly 442.40 feet along the arc of a curve having
a radius of 603.0 feet,and interior angle of 420 02' 08", and lying
Page 5474
Southwesterly of the long chord of 432.54 feet bearing N. 67° 50'
02" W.; thence S. 46° 02' 08" W. 120.12 feet to a curve; thence
Northwesterly 60.02 feet along the arc of a curve having a radius
of 723.0 feet, an interior angle of 4° 45' 25" and lying South-
westerly of the long chord of 60.0 feet bearing N. 43° 57' 52" W.;
thence N. 46° 02' 08" W. 120.12 feet to a curve; thence North-
westerly 43.73 feet along the arc of a curve having a radius of
603.0 feet, an interior angle of 40 09' 18" and lying Southwesterly
of the long chord of 43.72 feet bearing N. 39° 02' 07" W.; thence
S. 88° 36' 13" E. 417.50 feet; thence N. 1° 08' 54" E. 1000.0
feet; thence S. 88° 36' 13" E. 57.0 feet; thence N. 1° 18' 46" E.
211.75 feet; thence S. 88° 52' 08" E. 2668.73 feet; thence S.
0° 59' 44" W. 165.48 feet to the point of beginning;
(9) that the City Assessor is hereby directed to prepare a special
assessment roll including all lots and parcels of land within the
above district designated by the Council and to assess to each such
lot or parcel of land such relative portions of the whole sum to be
levied against all lands in the special assessment district as the
special benefits to such lots or parcels of land bear to the total
benefit of all land and also to enter upon such roll the amount which
has been assessed to the City at large, all in accordance with the
determination of the City Council; and
(10) that upon the completion of said roll, the City Assessor shall
attach thereto the certificate required by the provisions of Section 11
of Ordinance No. 31, as amended, of the City of Livonia, and file the
same with the City Clerk who thereupon is directed to present same to
the City Council for a public hearing on such roll in accordance with
Ordinance No. 31, as amended.
A roll call vote was taken on the foregoing resolution with the following results
AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Parks and unanimously
adopted, it was
#421-62 RESOLVED that, having considered the various communications from
the Department of Law and having considered a communication from Miller,
Canfield, Paddock and Stone, dated June 1, 1962, all in regard to the
propriety of accepting a letter of credit as a financial assurance con-
templated by the Plat Act and Plat Ordinance of the City of Livonia, the
Council does hereby determine, in accordance with Section 15 of the Plat
Ordinance, as amended, that the City may accept Irrevocable Commercial
Letters of Credit to insure that improvements will be installed as required
in new subdivisions being platted within the City; provided, however, that
the Department of Law is hereby directed to prepare a standard form to be
observed by those proprietors desiring to deposit Irrevocable Commercial
Letters of Credit with the City of Livonia; and that the Department of Law
approve such letters of credit as to form as they are filed with the City.
Page 5475
By Councilman Dooley, seconded by Councilman McCann, it was resolved that
#1422-62 WHEREAS, the City of Livonia has experienced a tremendous increase
in residential development and population over the past years; an increase
from approximately 17,400 persons in 1950 to approximately 80,000 in 1962;
and
WHEREAS, such tremendous residential incre ase has resulted in an
urgent need for acquiring open spaces for park, playground and recreational
use and benefit of the residents of the City of Livonia and their children;
and
WHEREAS, the acquisition of such open spaces for such public
purposes is also necessary for the development of a permanently wholesome
and serviceable community environment; and
WHEREAS, the need for such open spaces for such public purposes
is particularly urgent within the South 1/2 of Section 214 of the City of
Livonia because of the extremely high and still increasing density of
residential development therein, and in view of the further fact that there
are no existing open spaces within such Section owned by the said City for
park, playground and recreation purposes and use; and
WHEREAS, the amount of land within the said South 1/2 of Section
214 owned by the City for such purposes is well below the recommended
standards of the National Recreation Association;
NOW, THEREFORE, BE 11 RESOLVED that, the City Council for the City
of Livonia, Wayne County, Michigan, a municipal corporation and state agency
of the State of Michigan, hereby declares that the acquisition and develop-
ment of the area hereinafter described is necessary for a public improvement
for the use and benefit of the public for the purpose of its incorporation
and for a public purpose within the scope of its powers, and said City
Council does hereby declare that it deems it necessary to take private
property upon compensation to be paid therefor for such public improvement,
to wit: for the development of a public park, playground and recreational
area, comprising the following described land:
Land in the South 1/2 of Section 214, T. 1 S., R. 9 E., City of
Livonia, Wayne County, Michigan, described as : Beginning at a
point on the North and South 1/ line distant South 0 degrees
0 minutes 35 seconds East 708.91 feet from the center 1/14 corner
of Section 214, T. 1 S. R. 9 E., and proceeding thence South
89 degrees 39 minutes 114 seconds East 655.85 feet; thence South
0 degrees 23 minutes 30 seconds West 300.00 feet; thence North
89 degrees 39 minutes 314 seconds West 817.62 feet; thence North
0 degrees 07 minutes 35 seconds West 283.15 feet; thence North
89 degrees 52 minutes 25 seconds East 123.85 feet; thence North
68 degrees 314 minutes 03 seconds East 143.63 feet to the point
of beginning; except as the interest of the public may appear;
containing 5.585 acres more or less;
RESOLVED further, that the Corporation Counsel of the City of Livonia
be and he is hereby authorized and directed to institute and conduct the
necessary proceedings on behalf of the City of Livonia in the Circuit Court
for the County of Wayne, State of Michigan, (that being the County where
Page 51176
the private property sought to be taken is located), to carry out the ob-
L jectives of this resolution and to acquire by condemnation for the City of
Livonia the private property hereinbefore described for the purpose of
establishing and developing a public park, playground and recreational
area as hereinabove set forth as a necessary and authorized public improve-
ment, and that said proceedings be brought in accordance with the provisions
of the statutes of the State of Michigan provided therefor, and more
particularly Act 149 of the Public Acts of 1911, as amended, being Section
8.11 et seq. M.S.A., as amended.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
By Councilman Dooley, seconded by Councilman McNamara, it was resolved that
#1423-62 WHEREAS, the City Council has ordered condemnation proceedings
in order to acquire and develop for park, playground and recreational uses
a parcel of land comprising 5.585 acres in the South 1/2 of Section 24; and
WHEREAS, it is necessary that appraisers be appointed to determine
the fair market value of the property taken and any damages resulting there-
from and to certify in Court if necessary;
BE IT RESOLVED that, the City Attorney be and hereby is directed
and authorized to retain two appraisers to establish the fair market value
of the property necessary to be taken and any resultant damages therein
for the development of the park, playground and recreational area in the
condemnation proceedings ordered; and the City Treasurer is hereby
authorized and directed to pay said appraisers, upon notification by the
City Attorney that the appraisal has been received, according to the rates
established by the Wayne County Road Commission, and an additional sum of
$50.00 for each half day that each appraiser shall testify on behalf of the
City of Livonia in said condemnation proceedings.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
#424-62 RESOLVED that, the request from the Municipal Judge, dated May 17,
1962, requesting a salary adjustment for the C oust Clerk, is hereby referred
to the Finance Committee for its report and recommendation.
By Councilman McNamara, seconded by Councilman McCann, it was
#425-62 RESOLVED that, having considered the report and recommendation
dated May 24, 1962, from the Chief City Engineer, the Council does hereby
Page 5177
authorize final payment to the Wallace Construction Co., 30550 West Eight
Mile Road, Farmington, Michigan, of the balance of $8,2)J4.75 owing on a
contract between that company and the City of Livonia, dated March 27, 1961,
for general construction work on the Carl Sandburg Branch Library, it being
the understanding of the Council that all work under the contract has been
completed in accordance with contract standards and specifications and that
the contractor has filed his declaration and final waivers of lien indicat-
ing that no money is owing for any labor or materials in connection with
the work under said contract.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Mc Namara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#126-62 RESOLVED that, the letter dated May 18, 1962, from John E. Hiltz
and Associates, Consulting Engineers, 17201 W. McNichols Road, Detroit 35,
Michigan, is hereby referred to the Water and Sewer Committee of the
Council for their consideration in future projects.
By Councilman McCann, seconded by Councilman McNamara and unanimously
adopted, it was
#127-62 RESOLVED that, having considered the request from the Detroit
Race Course, Inc., dated May 28, 1962, to have a fireworks display on
July 4th, the Council does hereby grant permission to the Detroit Race
Course, Inc., to transport and fire aerial fireworks on the night of
July 4, 1962, on their property situated in Section 25 of the City of
Livonia; provided, however, that this display is to be under the super-
vision of the Livonia Fire Department and in such area as approved by them,
and the City of Livonia, its agents and employees will not be responsible
for any injury or damage caused by the fireworks or by the persons using
said fireworks.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#428-62 RESOLVED that, having considered the request dated June 6, 1962,
from the Rosedale Gardens Civic Association to have a fireworks displ.aEy on
July 14, 1962, the Council does hereby grant permission to the Rosedale
Gardens Civic Association to transport and fire aerial fireworks on the
night of July 4, 1962, in Section 34; provided, however, that this display
is to be ander the supervision of the Livonia Fire Department and in such
area as approved by them, and the City of Livonia, its agents and employees
will not be responsible for any injury or damage caused by the fireworks
or by persons using said fireworks.
Page 5478
By Councilman McCann, seconded by Councilman McNamara, it was
#429-62 RESOLVED that, the petition of Robert L. Allison regarding the
new civic center building plaques is hereby referred to the Mayor for
report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Daugherty, Parks, Dooley and Bagnall.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Parks, seconded by Councilman McCann, it was
#430-62 RESOLVED that, having considered the report and recommendation
dated May 29, 1962, from the Chief City Engineer, approved by the Mayor
and Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #696-59 adopted on November 9, 1959, as subsequently amended by
resolution #798-61 adopted on November 13, 1961 and resolution #29-62,
adopted on January 8, 1962, so as to reduce the bond for remaining improve-
ments in Country Homes Estates Subdivision No. 1 to $36,000.00 to cover the
cost of remaining improvements in said subdivision, and the bond now on
deposit with the City shall be reduced accordingly, and the liability of
the bonding company shall be limited to said amount; and the City Clerk and
City Treasurer are herein 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: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
By Councilman McCann, seconded by Councilman McNamara, it was
#431-62 RESOLVED that, having considered the report and recommendation
dated May 28, 1962, from the Chief City Engineer, approved by the Mayor
and Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #390-59 adopted on June 22, 1959, so as to reduce the bond for
remaining improvements in Pickford Gardens Subdivision to $10,000.00, of
which at least $1,000.00 shall be cash, to cover the cost of remaining im-
provements in said subdivision, and the bond now on deposit with the City
shall be limited to said amount; and the City Clerk and City Treasurer
are herein 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: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
Page 5479
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was resolved that
#432-62 WHEREAS, the veterans of World War II and the Korean Conflict
were insured by the National Service Life Insurance, and
WHEREAS, upon completion of their tour of duty in the armed forces
a vast majority of our veterans cancelled this type of insurance because
they were not aware of the benefits derived, and
WHEREAS, the United States Congress has in the House Veterans
Affairs Committee H. R. 11268, a bill which would allow the Veterans of
World War II and the Korean Conflict an opportunity to reopen their policy
without suffering a penalty,
NOW, THERI 'ORE, BE IT RESOLVED that, the Mayor and members of the
City Council in behalf of all the veterans of our community whole heartedly
endorse H.R. 11268 and respectfully request that the House Veterans Affairs
Committee of the United States Congress report this bill out of committee
favorably for action on the floor of the United States Congress;
BE IT FURTHER RESOLVED that, copies of this resolution be sent to
all of the communities in Wayne County and to the members of the House
Veterans Affairs Committee of the United States.
By Councilman Kleinert, seconded by Councilman McNamara, it was
#433-62 RESOLVED that, having considered the report and recommendation
dated April 5, 1962, from the Chief City Engineer, the Council does hereby
accept the bid of the S. Weissman Excavating Company, 15496 Telegraph Road,
Detroit 39, Michigan, for the installation of paving improvements on portions
of Cardwell, Brookfield and Fairfield Avenues in Sections 34 and 36 of the
City of Livonia, at the unit prices contained in the bid proposal for items
of work to be done and for the estimated cost of $82,534.10 based on the
City Engineer's estimates, such having been the lowest bid received for
such work; and the Mayor and City Clerk are hereby authorized to execute
a contract with the above company for and on behalf of the City of Livonia
in accordance with the terms of this resolution and to do all other things
necessary or incidental to the full performance of this resolution; final
contract costs to be determined by the actual units of work completed.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
By Councilman Parks, seconded by Councilman Dooley and unanimously
adopted, it was
#431.-62 RESOLVED that, having considered the letter dated April 26, 1962,
from the Michigan Liquor Control Commission, and the report and recommend-
Page 5480
ation dated May 24, 1962, from the Director of Public Safety, the Council
does hereby approve the request from Donald J. Showerman to transfer owner-
ship of 1961 SDD and SDM licenses from Richard J. and Janett M. Johns,
located at 31150 West Five Mile Road, Livonia, Michigan.
On motion of Councilman Kleinert, seconded by Councilman McCann and
unanimously adopted, this 366th regular meeting of the Council of the City of
Livonia was duly adjourned at 9:10 P. M., June 6, 1962.
Marie'W Clark, City Clerk