HomeMy WebLinkAboutCOUNCIL MINUTES 1963-01-09 Page 5807
MINUTE OF THE THREE HUNDRED NINETY-FIRST REGULAR MEETING
OF THE COUNCIL OF THE CITY CF LIVONIA
On January 9, 1963, the above meeting was held at the City Hall, 33001
Five Mile Road, Livonia, Michigan, and was called to order by the Vice President of
the Council at approximately 8:10 P. M. Councilman Parks delivered the invocation.
Roll was called with the following result: Present-- Edward H. McNamara, John T.
Daugherty, William E. Parks, Rudolf R. Kleinert, John F. Dooley and James R. McCann.
Absent•- *Sydney B. Bagnall.
Elected and appointed City officials also present: Juanita Hillas, Deputy
City Clerk; the Director of Public Works; the City Attorney; the Chief City Engineer;
the Budget Director; and the Director of Public Safety.
By Councilman McCann, seconded by Councilman Parks and unanimously
adopted, it was
#1-63 RESOLVED that, the minutes of the 390th regular meeting of the
Council of the City of Livonia held on December 19, 1962, and the 74th
special meeting held on December 27, 1962, are hereby approved.
The letter dated January 9, 1963, from the Mayor, regarding present Council
room, was received and placed on file.
The letter dated January 9, 1963, from the City Attorney, regarding Rosedale
Gardens Civic Association vs Nicholas George, et al, was read by the Deputy City Clerk
and received and placed on file.
The letter dated January 9, 1963, from the Mayor, regarding Livonia
Telephone Exchanges, was received and placed on file.
By Councilman McCann, seconded by Councilman Kleinert and unanimously
adopted, it was resolved that
#2-63 WHEREAS, the Council of the City of Livonia is aware of the
serious financial burden imposed upon Wayne County communities by the
"Aid to Dependent Children" program; and
WHEREAS, the availability of federal funds which can be used for
the purpose of defraying these increasing costs and also the costs of
administering unemployment relief programs, has come to our attention; and
Page 5808
WHEREAS, the Council of the City of Livonia wishes to express its
deep interest in the continued success of these beneficial programs,
NOW, THEREFORE, BE IT RESOLVED that, the Council of the City of
Livonia does hereby request the Governor and Legislature of the State of
Michigan to fully consider all available federal assistance programs in
the area of ADC and Unemployment, and to devote special attention to the
enactment of legislation designed to take advantage of federal funds and
implement, for the benefit of the citizens of Michigan federally financed
ADC - Unemployment programs.
By Councilman Daugherty, seconded by Councilman Parks and unanimously
adopted, it was
#3-63 RESOLVED that, the Council of the City of Livonia does hereby
respectfully request that the Office of the Wayne County Budget Director
send to the City of Livonia information and a summary of all expenditures
made of all monies returned either to the City of Livonia or its residents
for welfare purposes in relation to the total amount of Wrne County taxes
paid by the Livonia tax-payers.
By Councilman Dooley, seconded by Councilman McCann and unanimously
adopted, it was
#4-63 RESOLVED that, the letter dated December 11, 1962, from the
Department of Law, submitted pursuant to resolution #852-62, regarding
Charter amendment and revision procedures, wns received and placed on
file for the consideration of the Council.
By Councilman Parks, seconded by Councilman McCann, it was
#5-63 RESOLVED that, the Council does hereby acknowledge a communica-
tion dated December 6, 1962, containing a tabulation of the votes cast in
a special advisory election on street lighting in J. F. Ferry Subdivisions
1 and 2, Devonshire Park Subdivision and Bel-Aire Subdivision, located in
the North 1/2 of Section 35 of the City of Livonia, dgned and certified
by the members of the election committee and umpire, which tabulation in-
dicates an affirmative vote of 174 persons and a negative vote of 139
persons; the Council does hereby authorize payment of $25.00 to the Rev.
Jay P. Coulton, 15486 Surrey Roads Livonia, Michigan, for his services as
umpire as specified by the Council rules of procedure governing Advisory
Elections; and authorizes that such sum shall be advanced from the general
fund of the City Budget and subject to the reimbursement from the assess-
ments to be levied within this. proposed assessment district; further the
Council takes this means to express its sincere appreciation to the
election committee and its umpire for a job well done and for assisting
the City Council in arriving at a fair and meaningful decision with respect
to the proposal to install street lights in the areas described above.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty, Parks, Kleinert and McNamara.
NAYS : None.
Page 5809
By Councilman Parks, seconded by Councilman Dooley and unanimously
adopted, it was
#6-63 RESOLVED that, the City Engineer having filed with the City Clerk
a statement dated August 25, 1961, on all matters required by Sections 3.03
and 4.01 of Ordinance No. 401, as amended, and a first public hearing having
been held thereon on October 25, 1961, after due notice as required by
Section 3.04 of said ordinance, and careful consideration having been given
to all such matters, the Council does, pursuant to Section 3.05 of said
ordinance, hereby
1) accept and approve said statement in all respects;
2) determine that it is necessary to make and determine to make the
improvement consisting of the installation of a street lighting system
in the J. F. Ferry Subdivisions 1 and 2, Devonshire Park Subdivision
and Bel-Aire Subdivision, located in the North 1/2 of section 35,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more
particularly described in said statement; and defray the cost of
such improvement by special assessment upon the property especially
benefited in proportion to the benefits derived or to be derived;
3) approve the plans and specifications for the improvement as set
forth in said statement dated August 25, 1961;
4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited;
5) determine that the assessment made for such improvement shall be
paid in annual installments, according to said statement;
6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied, as follows:
A special assessment district located in the North 1/2 of Section 35,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more
particularly described as follows:
Beginning at a point distant N. 89° 50' 14" W. 183.0' and N. 00 18'
14" W. 159' and proceeding thence N. 00 18' 14" W. 175'; thence N. 89°
50' 14" W. 20' ; thence N. 00 18' 14" W. 870.03' ; thence S. 89° 50' 14"
E. 20' ; thence N. 0° 18' 14" W. 116v07' ; thence N. 89° 49' 32" W.
2452.83' ; thence S. 89° 57' 35" W.148.451 ; thence N. 0° 15' 16" E.
819.33' ; thence S. 89° 52' 18" W. 1161.81' ; thence S. 00 7' 20" E.
817.60' ; thence S. 890 29' 25" W. 1134.00' ; thence S. 0° 7' 20" E.
991.14' ; thence N. 89° 27' 30" E. 128.62' ; thence S. 0° 32' 30" E.
168.94' ; thence N. 89° 29' 25" E. 943.70' ; thence N. 00 7' 20" W.
580.0' ; thence S. 89° 29' 25" E. 30' ; thence S. 00 7' 20" E. 1151;
thence on a curve concave to the left with a radius 500' and a central
angle of 21° 37' 35" 188.73' ; thence on a curve concave to the right
with a radius of 598.18' and the central angle of 21° 35' 10" 225.36' ;
thence N. 89° 57' 35" E. 863.88' ; thence S. 0° 10' 38"E.542.0' ; thence
S. 89° 50' 14" E. 2498.39' to the point of beginning;
Page 5810
7) direct the City Assessor to prepare special assessment rolls in
accordance with the Council's determination on said statement as
prepared by the City Engineer, dated August 25, 1961;
8) that upon completion of said rolls, the City Assessor shall
attach thereto the certificate required by the provisions of Section
3.07 of Ordinance No. 401, as amended, of the City of Livonia, and
file the same with the City Clerk, who thereupon is directed to
present the same to the City Council prior to the holding of the
second public hearing thereon, pursuant to Ordinance No.4011as amended.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#7-63 RESOLVED that, having considered the request dated November 6, 1962,
from the Michigan Liquor Control Commission, the Council hereby takes this
means to inform the Michigan Liquor Control Commission that it did previously
approve above all others of a request from James M. and Bernice Taylor, for
a new full year Class C licenses and takes this means to inform the Michi-
gan Liquor Control Commission that the property located at 308)43 Plymouth
Road, Livonia, Michigan, referred to in the aforesaid letter from the
Liquor Commission, is presently zoned C-2 and may be used under existing
zoning ordinances for any commercial use including the operation of a
Class C licensed business; and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor Control
Commission,
By Councilman Dooley, seconded by Councilman Parks and unanimously
adopted, it was
#8-63 RESOLVED that, consideration of the Cavell Avenue Paving
project is hereby tabled to the next regular meeting of the Council.
*Councilman Sydney B. Bagnall arrived at 830 P. M.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#9-63 RESOLVED that, the letter dated December 6, 1962, from the
Civil Service Commission regarding increase in social security deduction
and the amendment to the Retirement Ordinance, be tabled pending receipt
of a communication from Mr. Gabriel, to be placed on the Council study
agenda on January 16, 1963.
By Councilman McCain, seconded by Councilman Daugherty, it was
#10-63 RESOLVED that, having considered the request of the Pilgrim
Congregational Church of October 16, 1962, and having considered the report
and recommendation of The Detroit Edison Company, dated December 7, 1962,
and the City Engineer's report, dated December 1)4, 1962, the Council does
hereby authorize and request the City Clerk to make application to The
Page 5811
Detroit Edison Company on forms provided by said company for the conversion
of the street light at Seven Mile Road and Van Road from the present 10,000
lumen overhead incandescent type to a 20,000 lumen overhead mercury vapor
light, it being the determination of the Council that such intersection
requires more adequate lighting in order to protect the public safety of
the residents of the community.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara.
NAYS: None.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was resolved that
#11-63 WHEREAS, the City of Livonia has been informed by the community
Scoutmasters that the community patch is to be removed from Scout uniforms
and replaced with the council patch, and
WHEREAS, the community Scoutmasters and Boy Scouts object to this
action; and
WHEREAS, the suburban areas will be engulfed by the Metropolitan
Detroit Council, we feel that the community patch is a necessity and that
the removal thereof would be a detriment to our community 's Scouting program;
BE IT HEREBY RESOLVED that the Council of the City of Livonia
does go on record to the Boy Scouts of America as objecting to the removal
of the community patch and the replacement thereof by the Detroit Council
patch;
BE IT FURTHER RESOLVED that the Council of the City of Livonia
does recommend that such directive as heretofore stated be rescinded.
By Councilman Daugherty, seconded by Councilman Bagnall and unanimously
adopted, it was
#12-63 RESOLVED that, having considered the recommendation dated Decem-
ber 12, 1962, from the Chief City Engineer, submitted pursuant to resolution
#812-62, regarding the cleaning out of a drain through the property of
Mr. W. Gordon Park, the Council does hereby refer the same to the Water
and Sewer Committee of the Council for its report and recommendation.
The communication dated December 12, 1962, from the Chief City Engineer,
submitted pursuant to resolution #812-62, regarding a drainage problem at 32150
Plymouth Road, was received and placed on file for the information of the Council.
By Councilman Parks, seconded by Councilman McCann and unanimously
adopted, it was
Page 5812
#13-63 RESOLVED that, having considered the communication dated Decem-
Lber 111, 1962, from the office of the Wayne County Draih Commissioner, re-
garding the Middle Branch of Bell Creek, the Council does hereby refer the
same to the Engineering Division for its report and recommendation.
By Councilman Parks, seconded by Councilman Daugherty and unanimously
adopted, it was
#114-63 RESOLVE) that, having considered the letter dated November 19,
1962, from the Liquor Control Commission, and the letter dated December 11,
1962, from the Director of Public Safety, in connection therewith, the City
Council does hereby approve of a request from Everett and Zella Mason for
adding space to 1962-63 SDD and SDM licensed business located at 19162
Farmington Road, Livonia, Michigan, and the City Clerk is requested to
forward a certified copy of this resolution to the Liquor Control Commission.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#15-63 RESOLVED that, having considered the letter dated October 30, 1962,
from the Liquor Control Commission, and the letter dated December 12, 1962,
from the Director of Public Safety in connection therewith, the Council does
hereby approve of a request from Jonn Mogannam to transfer ownership of
1962-63 SIM license from Russell R. and Geraldine M. Collyer, located at
27710 Plymouth Road, Livonia, Michigan, and the City Clerk is requested to
forward a certified copy of this resolution to the Liquor Control Commission.
By Councilman Kleinert, seconded by Councilman Parks and unanimously
adopted, it was
#16-63 RESOLVED that, having considered the letter dated October 29, 1962,
from the Liquor Control Commission, and the letter dated December 12, 1962,
from the Director of Public Safety in connection therewith, the Council does
hereby approve of a request from Earl S. Bowser for Patricia Ann Morrow being
added as partner with him on 1962 Class C license held at 33653 Five Mile
Road, Livonia, Michigan, and the City Clerk is requested to forward a
certified copy of this resolution to the Liquor Control Commission.
By Councilman Daugherty, seconded by Councilman McCann, it was
#17-63 RESOLVED that, having considered the report and recommendation
dated Decenber 20, 1962, from the Chief City Engineer, approved by the
Director of Public Works, and it appearing that all work has been completed
satisfactorily and that the contractor has deposited with the City all the
necessary affidavits, waivers of lien and guarantee, the Council does
therefore approve and authorize final payment of $6,195.00 to the Nucleus
Construction Company, 26614 Humber, Huntington Woods, Michigan, which sum
represents the full and complete balance due and owing on a contract between
that company and the City of Livonia, dated March 27, 1962, for the con-
struction of a service building; and the City Clerk and City Treasurer are
authorized to do all things necessary or incidental to the full performance
of this resolution.
Page 5813
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara.
NAYS: None.
By Councilman Bagnall„ seconded by Councilman McCann and unanimously
adopted, it was
#18-63 RESOLVED that, the Council having adopted resolution #769-62, at
its regular meeting held on October 3, 1962, requiring the City Engineer to
ascertain the assessed valuation of all property affected by the installation
of street lights on Gillman Street south of West Chicago in Livonia Estates
Subdivision No. 2, located in the Southeast 1/4 of Section 36 of the City of
Livonia, the number of parcels which show tax delinquencies, the number of
parcels owned by public authorities, the number of parcels which are vacant,
and to prepare or cause to be prepared, plans and specifications therefor and
an estimate of the cost thereof, and to file the sage with the City Clerk
together with his recommendation as to what proportion of the cost should be
paid by special assessment and what part, if any, should be a general ob-
ligation of the City, the number of installments in which assessments may be
paid and the land which should be included in the proposed special assess-
ment district; and it appearing to the Council that all of such information,
estimate, plans and specifications and recommendations have been properly
filed by the City Engineer with the City Clerk under date of December 14,
1962, and that there has been a full compliance with all of the provisions
of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to
Provide for the Making of Public Improvements, Defraying the Expense Thereof
by Special Assessment and a Special Assessment Procedure," the Council does
hereby set Monday, January 28, 1963, at 8:30 p. m., as the date and time
for a public hearing on the necessity for such proposed improvemant, which
public hearing shall be held before the Council in the City Hall, 33001 Five
Mile Road, Livonia, Michigan, pursuant to Sections 3.0)4 and 3.05 of Ordinance
No. 4010 as mended, and the City Clerk is hereby authorized to give notice
and publication of such hearing as is required by Section 3.04 of said
Ordinance.
By Councilman Parks, seconded by Councilman Daugherty, it was
RESOLVED that, the 1)62-63 Budget having included an appropriation
of $400.000 to purchase assessment files for use in the Assessing Department,
and having considered the request from the City Assessor, dated January 7,
1963, in regard thereto, the Council does hereby authorize the balance of
such monies to be used for the purchase of recording equipment in lieu of
such assessment files.
By Councilman Dooley, seconded by Counci_Iman Daugherty, it was
RESOLVED that, the foregoing resolution be amended to add
such balance not to exceed S155.00.
A roll call vote was taken on the foregoing amendment with the following result:
Page 58114
AYES: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara.
NAYS: None.
The Vice President declared the amendment adopted.
A roll call vote was taken on the resolation, as amended, as follows:
#19-63 RESOLVED that, the 1962-63 Budget having included an appropriation
of $400.00 to purchase assessment files for use in the Assessing Department,
and having considered the request from the City Assessor, dated January 7,
1963, in regard thereto, the Council does hereby authorize the balance of
such monies, not to exceed $155.00, to be used for the purchase of recording
equipment in lieu of such assessment files.
with the following result:
AYES: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara.
NAYS: None.
The Vice President declared the resolution, as amended, adopted.
By Councilman Bagnall„ seconded by Councilman Parks and unanimously
adopted, it was
#20-63 RESOLVED that, pursuant to the provisions of Section 5, Chapter VIII
of the Charter of the City of Livonia and upon recommendation of the Mayors
dated December 20, 1962, the Council does hereby confirm the appointment of
Mr. Richard H. Funk, 15942 Norwich, Livonia, Michigan, to the Board of Review
of the City of Livonia for a term of two (2) years, expiring February 11,
1965.
At 8:35 P. M., a recess wa3 called, after which the meeting resumed with
all members of the Council present; the President of the Council presiding.
By Councilman Kleinert, seconded by Councilman Dooley, it was
#21-63 RESCTVED that, Mr.George Pastor, 25544 Plymouth Road, Detroit 39,
Michigan, as proprietor, having requested the City Council to approve the
proposed plat of the following Subdivision: Kimberly Oaks Estates Subdivision
No. 4, located in the South Half of Section 22, City of Livonia; and it
appearing that tentative approval of said proposed plat was given by the
City Plann ng Commission under date of December 18, 1962 and January 8, 1963;
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 December 26, 1962; 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 daL e of this resolution;
Page 5815
(2) That the installation of such improvements shall be supervised
Rnd 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 pro-
prietors a bond to the City of Livonia, in such form as may be approved
by the City Attorney, and in the following amount:
$333,000.00, of which at least $10,000.00 shall be in cash;
and until all inspection fees and other charges due to the City of
Livonia have been fully paid;
(Li) 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 this approval is subject to all
conditions and recommendations set out in Planning Commission
resolution #1-3-63.
Councilman Daugherty read the following statement: "I record my protest on action
by this City Council and by the Planning Commission on a proposed plat that has not
had a public hearing on its present layout and present boundaries. Three Planning
Commission meetings have been held necessitated by the many changes from the original
layout of a previously approved plat for the same property. One Special Council Meet-
ing was called specifically to act upon the proposed plat of Kimberly Oaks No. 4, but
again the developer had changed the plat layout because he didn't like the Planning
Commission action. The present plat provides tOutlotsi from his original presenta-
tion; this is deviation from all accepted City policy caused by bitter experience
with such 'Outlots.' Acceptance of the plat with these outlots will release the
developer from his obligation of paying for tap-ins into water and sewer lines that
have been financed by the City to be paid for specifically by such tap-ins. Accept-
ance of the plat with the changed boundaries releases the developer from his ob-
ligation to pave any portion of Brookfield. This latest version of the plat was
Page 5816
approved by the Planning Commission without a public hearing and appears on this
agenda without prior notice, so that the residents of Brookfield directly affected
by this plat have had no opportunity to even see the plat or to record their opinion
of the plat at a public hearing. The Council is asked to approve the plat without
the necessary Engineering report to establish a bond for the subdivision. In exchange
for all the above deviations, the City will acquire a three acre park. The original
offer to donate the same park, but by a different developer, included none of the
aforementioned deviations, and none of the residents of Brookfield opposed that
original plat. If the City government of Livonia can be influenced to completely
deviate from all principles of sound planning, can be influenced to take action on
developers interests, and deny residents of the affected property an opportunity to
a public hearing - if the City government will waive the responsibility of a developer
to pay for tap-ins into City installed water and sewer lines by allowing a developer
to "gerrymander" around such utilities - if all this can be accomplished by a
developer by offering to trade a few acres of a City park, then Livonia's future
planning and City policy lies on an auction block for developers to mangle, while a
crumb is tossed to pacify a City government. Residents interests must come first and
they first start with public hearings. In this case, it was denied. I urge that the
consideration and requirements of the plat of Kimberly Oaks No. 14 be in conformity
with the requirement for public hearings, as required by law and that previous
policies of planning and revenue for water and sewer lines be applied also to
Kimberly Oaks No. 4."
The Council asked for an opinion from the City Attorney as to the
necessity for another public hearing on the plat of Kimberly Oaks No. 4, and it was
the opinion of the Department of Law that no additional public hearing was necessary.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McNamara, McCann, Parks, Kleinert and Bagnall.
NAYS: Daugherty.
The President declared the resolution adopted.
Page 5817
By Councilman Kleinert, seconded by Councilman McNamara and unanimously
adopted, it was
#22-63
RESOLVED that, having considered the letter dated January 3,
1963, from the Department of Law, the City Council does hereby acknowledge
and authorize acceptance of the Grant of Easement dated November 28, 1962,
from Mr. Orville H.Barron, the same being an easement for sanitary sewer
purposes across a portion of Parcel 07F in the South 1/4 of Section 7,
T. 1 S., R. 9 E., City of Livonia, and the City Clerk is requested to
cause the same to be recorded and filed.
The following resolution was unanimously offered and adopted by the City
Council:
#23-63 WHEREAS, the Livonia City Council has learned of the sudden
passing of Dr. Oscar P. Rosbolt„ and
, Dr. Oscar P. Rosbolt has given freely of his time and
abilities on the Civil Service Commission since his original appointment
on May 7, 1956, and
WHEREAS, the Council desires to express the appreciation of the
City of Livonia for the contributions thus freely given to the City by
Dr. Oscar P. Rosbolt, and
WHEREAS, Dr. Oscar P. Rosbolt in all respects has been a dedicated
and respected public servant and made many other contributions to the
progress of the City of Livonia,
NOW, THEREFORE, BE IT RESOLVED that, the City Council of the City
of Livonia believes it to be fitting and proper to record at this time its
esteem and affection for a beloved and respected public servant, citizen
and friend; and to share with his family and our community the great loss
sustained by reason of the untimely death of Dr. Oscar P. Rosbolt.
On motion of Councilman McCann, seconded by Councilman Dooley and
unanimously adopted, this 391st regular meeting of the Council of the City of
Livonia was duly adjourned at 9:33 P. M., January 9, 1963.
)
Marie Wt. Clark, City Clerk
Page 5818
MINUTES OF THE THREE HUNDRED NINETY-SECOND REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On January 16, 1963, the above meeting was held at the City Hall, 33001
Five Mile Roads Livonia, Michigan, and was called to order by the President of the
Council at approximately 8:24 P. M. Councilman McCann 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. McNamara
and James R. McCann, Absent-- None.
Elected and appointed City officials also present: Juanita Hillas, Deputy
City Clerk; the first Assistant City Attorney; the Director of Public Works; the
Director of Public Safety; the Chief City Engineer; and the Budget Director.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#24-63 RESOLVED that, the minutes of the 391st regular meeting of
the Council of the City of Livonia held on January 9, 1963, are hereby
approved.
The following preamble and resolution were offered by Councilman Kleinert
and supported by Councilman McNamara:
#25-63 WHEREAS, the City of Livonia and the Board of County Road Com-
missioners of the County of Wayne, acting for and on behalf of the County
of Wayne, have entered into a contract dated as of January 3, 1963, for the
acquisition and financing of certain additional sewer improvements to be
located within the City as a part of the Wayne County Metropolitan Sewerage
and Sewage Disposal System, all as authorized by the provisions of Act 342,
Public Acts of Michigan, 1939, as amended; and
WHEREAS, the total cost of said additional sewer improvements
pursuant to estimates provided by the consulting engineers, John E. Hilt%
& Associates, Inc., has been determined to be Eight Hundred Thousand
( 800,000.00) Dollars, which amount is to be borrowed by the County of
Wayne, and its bonds issued therefor in said principal amount secured
primarily by the obligation of the City to pay the principal of and interest
on said bonds as they mature in the manner and at the times specified in
the contract; and
WHEREAS, the Board of County Road Commissioners has caused to be
prepared for submission and adoption by the Board of Supervisors of the
County of Wayne an ordinance providing for the issuance of said bonds,
Page 5819
designated WAYNE COUNTY METROPOLITAN SEWERAGE AND SEWAGE DISPOSAL SYSTEM
BONAS (LIVONIA SECTION), SERIES II, in the aggregate principal amount of
$800,000.00, primarily secured as aforesaid, which bonds are dated as of
March 1, 1963, and will mature serially as follows:
$10,000.00 July 1st of each of the years 1964 to 1968, inclusive;
$20,000.00 July 1st of each of the years 1969 to 1973, inclusive;
$30,000.00 July 1st of each of the years 1974 to 1984, inclusive;
$40,000.00 July 1st of each of the years 1985 to 1992, inclusive;
which bonds will bear interest at a rate or rates to be determined on public
sale thereof, but in azy event not exceeding six per cent (6%) per annum;
and
WHEREAS, since the City is primarily obligated to provide funds
for the payment of the principal of and interest on said bonds, pursuant
to the provisions of the contract hereinbefore referred to, and Act 342,
Public Acts of Michigan, 1939, as amended, and it is deemed advisable
therefor that said proposed maturity schedule be approved by the City
Council prior to the adoption of this ordinance by the Board of Supervisors
of the County of Wayne;
NOW, THEREFORE, BE IT RESOLVED:
1. That the maturity schedule for said Wayne County Metropolitan
Sewerage and Sewage Disposal System (Livonia Section), Series II, in the
aggregate principal amount of $800,000.00, as set forth in the preamble
hereto, is hereby approved.
2. That the obligations and duties of the City of Livonia, as
set forth in the contract referred to in the preamble hereto, are hereby
reaffirmed and confirmed in all respects.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCain, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
The President declared the resolution adopted.
The report dated January 11, 1963, from the Department of Law, indicating
the disposition of Hilberath vs City of Livonia, et al (Circuit Court Case 333-212),
was received and placed on file for the information of the Council.
Councilman McNamara was excused at 8:29 P.M.
The following resolution was offered by Councilman Kleinert and supported
by Councilman Parks:
#26-63 WHEREAS, there is a need on behalf of citizens of the City of
Livonia for telephone calls into adjacent areas and the City of Detroit
without the imposition of toll charges, and
Page 5820
WHERAS„ the citizens of Livonia would benefit from the extension
of telephone service without toll charges,
NOW, THEREFORE, BE IT RESOLVED that, this Council go on record
as urging the Michigan Bell Telephone Company to extend its existing
Metropolitan Telephone Plan to provide for twenty-four hour calling ser-
vice with a greater area coveragLi. and to extend the privileges of this
Metropolitan Telephone Service to businesses and industry as well as
residential subscribers.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
Councilman McNamara returned at 8:33 P. M.
By Councilman Dooley, seconded by Councilman Kleinert and unanimously
adopted, it was
#27-63 RESOLVED that, pursuant to the provisions of Section 5 of Chapter
VIII of the Charter of the City of Livonia and upon recommendation of the
Mayor, dated January 11, 1963, the Council does hereby confirm the appoint-
ment of Mr. Charles W. Allen, Jr., 32015 West Chicago, Livonia, Michigan,
to the Board of Review of the City of Livonia for a term commencing Febru-
ary 12, 1963, and expiring February 11, 1965.
By Councilman Parks, seconded by Councilman Kleinert, it was
RESOLVED that, having considered the letter dated December 20,
1962, from the Mayor, the Council does hereby approve of and concur with
the appointment of Dr. Daniel C. Allen, 33910 Sleepy Hollow Lane, Livonia,
Michigan, to the City Planning Commission, to fill the unexpired term of
Mr. Donald J. Schubeck, which term expires June 9, 1965.
By Councilman McCann, seconded byCouncilman McNamara, it was
#28-63 RESOLVED that, the confirmation of the appointment to the City
Planning Commission be tabled to the next study meeting of the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, McNamara and Bagnall.
NAYS: Parks, Kleinert and Dooley.
The President declared the resolution adopted.
The letter dated December 19, 1962, from the City Attorney regarding the
speed limit on Edward Hines Drive, was received and placed on file for the informa-
tion of the Council.
Page 5821
By Councilman McNamara, seconded by Councilman Dooley, it was
#29-63 RESOLVED that, having considered the report and recommendation
dated January 7, 1963, from the Director of Public Works, approved by the
Mayor, the Council does hereby authorize the Department of Law to prepare
an agreement for a two year period commencing February 1, 1963, between the
City of Livonia and Mr. William J. Strasser, engaging the services of the
latter as Chief City Engineer for the City of Livonia at the rate of
$15,000.00 per annum, and including such other terms and conditions as may
be in the interest of the City; and the Mayor and City Clerk are herein
authorized to affix their signatures to such an agreement for and in
behalf of the City of Livonia.
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 Kleinert, it was
RESOLVED that, having considered the petition of Emily Esch,
18530 Deering, Livonia, Michigan, received January 3, 1963, and in accord-
ance with the provisions of Act 73 of the Public Acts of 1959, as amended,
the Council does hereby approve of dividing Lots 10 and 11 of Garden Farms
Subdivision, a part of the Northeast quarter of Section 12, T. 1 S., R. 9
E., City of Livonia, Wayne County, Michigan, into two (2) separate parcels,
as f o llows:
Parcel No. 1. The South 60 feet of the North 80 feet of
Lot 10;
Parcel No. 2. The North 20 feet of Lot 10 (to be combined
with) and the South 70 feet of Lot 11;
as shown on the map attached to the aforementioned 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 McCann, seconded by Councilman McNamara, it was
#30-63 RESOLVED that, consideration of the petition of Emily Esch,
18530 Deering, to split lot in Garden Farms Subdivision, is hereby
tabled to the next study meeting of the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Daugherty, Parks, Dooley and Bagnall.
NAYS: Kleinert.
ir.
The President declared the resolution adopted.
By Councilman McNamara, seconded by Councilman McCann and unanimously
adopted, it was
Page 5822
By Councilman McNamara, seconded by Councilman McCann and unanimously
adopted, it was
#31-63 RESOLVED that, the letter dated December 5, 1962,from the Wayne
County Drain Commissioner to Mrs. C. Curtis regarding the Blue Drain, is
hereby referred to the Water and Sewer Committee of the Council.
By Councilman Kleinert, seconded by Councilman McCann, it was
#32-63 RESOLVED that, having considered the report and recommendation
dated December 18, 1962, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #216-57, adopted on March 18, 1957, as amended by resolution
#20-58, adopted January 6, 1958, resolution #583-58 adopted September 15,
1958, resolution #1)4-60 adopted January 11, 1960, and resolution #712-60
adopted November 28, 1960, so as to reduce the bond for remaining improve-
ments in Rosedale Gardens Subdivision No. 17 to $1,000.00 to cover the cost
of remaining improvements in said subdivision; and the City Clerk and City
Treasurer are hereby authorized to do al 1 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 McNamara, seconded by Councilman McCann, it was
#33-63 RESOLVED that, having considered the report and recommendation
dated December 31, 1962, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #836-61, adopted on November 27, 1961, and subsequently amended
by resolution #161-62 adopted February 26, 1962, and resolution #8)4)4-62
adopted November 1)1, 1962, so as to reduce the bond for remaining improve-
ments in Koloff's Sunnyside Estates Subdivision to $7,500.00, of which
$1,000.00 shall be in cash, to cover the cost of remaining improvements
in said subdivision; and the City Clerk and City Treasurer are 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: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
By Councilman McCann, seconded by Councilman McNamara, it was
#34-63 RESOLVED that, having considered the report and recommendation
dated December 31, 1962, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #213-59 adopted on April 13, 1959, as amended by resolutions
Page 5823
#766-59 adopted November 23, 1959, #559-60 adopted September 12, 1960, and
#700-61 adopted October 9, 1961, so as to reduce the bond for remaining
improvements in Meadowview Subdivision to $3,000.00 to cover the cost of
remaining improvements in said subdivision, and the City Clerk and City
Treasurer are 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: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
By Councilman Parks, seconded by Councilman Kleinert, it was
#35-63 RESOLVED that, having considered the report and recommendation
dated December 31, 1962, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #213-59 adopted on April 13, 1959, as amended by resolutions
#766-59 adopted on November 23, 1959, and #701-61 adopted October 9, 1961,
so as to reduce the bond for remaining improvements in Meadowview Sub-
division No. 2 to $1,000.00, to cover the cost of remaining improvements
in said subdivision; and the City Clerk and City Treasurer are 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: McNamara, McCann, Daigherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
By Councilman Parks, seconded by Councilman Kleinert, it was
#36-63 RESOLVED that, having considered the report and recommendation
dated December 31, 1962, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #213-59, adopted on April 13, 1959, as amended by resolutions
#766-59 adopted on November 23, 1959, and #702-61 adopted on October 9, 1961,
so as to reduce the bond for remaining improvements in Meadowview Subdivision
No. 3 to $1,000.00, to cover the cost of remaining improvements in said
subdivision; and the City Clerk and City Treasurer are 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: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Kleinert, it was
#37-63 RESOLVED that, having considered the report and recommendation
dated January 3, 1963, from the Chief City Engineer, approved by the
Page 582L
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #601-58 adopted September 22, 1958, as amended by resolutions
#L74-59 adopted July 27, 1959, #257-60 adopted May 9, 1960, #575-60
adopted September 26, 1960, and #?91}-61 adopted November 13, 1961, so as
to reduce the bond for remaining improvements in Meri-Lynn Farms Sub-
division No. 3 to 51,000.00, to cover the cost of remaining improvements
in said subdivision; and the City Clerk and City Treasurer are 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: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
By Councilman Parks, seconded by Councilman Kleinert, it was
#38-63 RESOLVED that, having considered the report and recommendation
dated December 21, 1962, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #719-59 adopted November 9, 1959, and readopted and reaffirmed
by resolution #273-61 adopted cn April 25, 1961, as amended by resolution
#8)17-62 adopted November lJ , 1962, so as to reduce the bond f or remaining
improvements in Meri Lynn Farms Subdivision No. 6 to $8,000.00, of which
$1,000.00 shall be in cash, to cover the cost of remaining improvements
in said subdivision; and the City Clerk and City Treasurer are 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: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
By Councilman McNamara, seconded by Councilman McCann, it was
#39-63 RESOLVED that, having considered the report and recommendation
dated December 28, 1962, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #301-60 adopted May 23, 1960, as amended by resolution #910-61
adopted December 18, 1961, so as to reduce the bond for remaining improve-
ments in Burton Hollow Estates Subdivision No. 3 to $25,000.00, of which
$2,500.00 shall be in cash, to cover the cost of remaining improvements in
said subdivision; and the City Clerk and City Treasurer are 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: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
Page 5825
By Councilman McCann, seconded by Councilman Kleinert, it was
#40-63 RESOLVED that, having considered the report and re commendation
dated December 31, 1962, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #302-60 adopted May 23, 1960, as amended by resolution #911-61
adopted December 18, 1961, so as to reduce the bond for remaining improve-
ments in Burton Hollow Estates Subdivision No. 4 to $16,000.00, of which
$1,600.00 shall be in cash, to cover the cost of remaining improvements in
said subdivision; and the City Clerk and City Treasurer are 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: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
The letter dated December 13, 1962, from the Board of Wayne County Road
Commissioners regarding the Public Works Acceleration Act, was received aad placed
on file for the information of the Council.
By Councilman Dazgherty, seconded by Councilman McCann and unanimously
adopted, it was
#41-63 RESOLVED that, the Mayor of the City of Livonia and the various
administrative departments responsible for carrying out that portion of
the Council's program to participate in the Public Works Acceleration Act
program, submit to the City Council a complete status report and plans for
Livonia's par ticipation in this program, said report to be referred to the
Council by the next regular study meeting of the Council.
Councilman Dooley introduced the following emergency Ordinance:
No. 417
AN ORDINANCE AMENDING ORDINANCE NO. 77 OF THE CITY
OF LIVONIA KNOWN AS THE "RETIREMENT PLAN ORDINANCE"
BY AMENDING SECTION 8.01 OF ARTICLE 8.00 THEREOF.
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 8.01 of Article 8.00 of Ordinance No. 77, known ,s the
"Retirement Plan Ordinance," is hereby amended to read as follows:
Section 8.01. Pension Savings Fund. The pension savings fund is
hereby created. It shall be the fund in which shall be accumulated con-
tributions of members to the retirement system, and from which shall be
paid refunds of accumulated contributions as provided in this ordinance.
Page 5826
(a) From and after January 1, 1963, the contributions of a
member to the retirement system shall be the sum of 1.75 per cent
of the first $4,800 of his annual compensation plus 5 per cent of
the portion, if any, of his annual compensation in excess of $4,800.
(b) The officer or officers responsible for making up the pay-
roll shall cause the contributions provided for in Section 8.01 (a)
hereof to be deducted from the compensation of each member on each
and every payroll, for each and every payroll period, beginning with
the effective date of the retirement system and continuing so long as
he remains a member in the employ of the City. When deducted, the said
contributions provided for herein shall be paid into the pension sav-
ings fund and credited to the individual account of the member from
whose compensations said contributions were made. Every member shall
be deemed to consent and agree to the deductions made and provided for
herein and payment of his compensations less said deductions shall be
a full and complete discharge and acquittance of all claims and
demands whatsoever for the services rendered by said member during
the period covered by such payment, except as to benefits provided
by the retirement system. The members' contributions provided for
herein shall be made notwithstanding that the minimum compensation
provided by law shall be changed thereby.
(c) In addition to the contrioutions deducted from the compensa-
tions of a member, aL; hereinbefore provided, he shall repay to the
pension savings fund, in a manner approved by the Boards all amounts
he may have withdrawn from the said fund, together with regular interest
thereon computed from the date of withdrawal to the date or dates of
repayment. No member shall be given credit for service rendered prior
to the date he withdraws any part of his accumulated cohtributions
from the pension savings fund until he has paid in full all anounts
due the said fund by him.
(d) Upon the retirement of a member his accumulated contributions
standing to his credit in the pension savings fund shall be trans-
ferred from the said fund to the pension reserve fund. Except as
otherwise provided in this ordinance, at the expiration of a period
of three (3) years from the date an individual's membership is
terminated, any balance of accumulated contributions standing to his
credit in the pension savings fund, unclaimed by the said individual
or his legal representatives shall be transferred to the pension
accumulation fund.
Section 2. 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 3. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of the remain-
ing portions of this ordinance.
Section 4. This ordinance is hereby declared to be an emergency ordinance,
necessary for the protection of the public health, safety and welfare and shall take
effect immediately on publication.
Page 5827
A roll call vote was conducted on the foregoing Ordinance with the following result:
AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
By Councilman McNamara, seconded by Councilman McCann and unanimously
adopted, it was
#!i2-63 RESOLVED that, the letter dated December 20, 1962, from
Mrs. Mary P. Hopkins, regarding revision of Wayne County Congressional
Districts, is hereby referred to the Legislative Committee of the Council
for report and recommendation.
The report of the Municipal Court for the month of December, 1962, was
received and placed on file.
On motion of Councilman Dooley, seconded by Councilman Daugherty and
unanimously adopted, this 392nd regular meeting of the Council of the City of
Livonia was duly adjourned at 9:12 P.M., January 16, 1963.
.l
Mari ` . Clark, City Clerk