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HomeMy WebLinkAboutCOUNCIL MINUTES 1968-10-09 9952 MINUTES OF THE SIX HUNDRED TWENTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 9, 1968, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:05 P. M.. Councilman Nash delivered the invocation. Roll was called with the following result: Present--Edward H. McNamara, Rudolf R. Kleinert, Jerry Raymond, Robert E. McCann, Robert F. Nash and Edward G. Milligan. Absent--Peter A. Ventura. Elected and appointed officials present: Addison W. Bacon, City Clerk, Virginia G. Handzlik, Deputy City Clerk, Steve Polgar, City Attorney, Harry C. Tatigian, Chief Assistant City Attorney; William J. Strasser, City Engineer, David L. Jones, Water and Sewer Commissioner; John T. Dufour, Superintendent of Parks and LRecreation; Marie Talbot, Court Clerk; Donald Nicholson, Director of Public Safety, Henry Sieferd, City Assessor; Stanley Bien, Chief Librarian; Don Hull, City Planner; Dan Andrew, Industrial Coordinator, John Nagy, Planning Department; Harry Wrightman, Planning Commission; Donald Heusted, Planning Commission, and John Stymelski of the Traffic Commission. By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #1139-68 RESOLVED, that the minutes of the 624th regular meeting of the Council of the City of Livonia, held October 2, 1968, are hereby approved. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #1140-68 RESOLVED, that the minutes of the 122nd special meeting of the Council of the City of Livonia, held October 8, 1968, are hereby approved. The letter from the Mayor, dated October 9, 1968, relative to "MICH 55-1 Low Rent Housing Project - Patrick V. McNamara Towers" was received and filed for the information of the Council. 9953 By Councilman McCann, seconded by Councilman Raymond, it was #1141-68 RESOLVED, that having considered a communication from the Livonia Housing Commission, dated September 16, 1968, approved for sub- mission by the Mayor, which transmits its resolution #38-68 adopted on September 12, 1968, wherein the Commission indicates that it did accept the low bid of R. E. Dailey & Company in the amount of $1,312,000.00 for the general construction work relating to the low income senior citizens housing project Michigan-55-1, known as the Patrick V. McNamara Towers, and subject to certain conditions which are set forth in such resolution #38-68, the Council does hereby determine as follows : 1. The Council does hereby indicate that it does not disapprove of this project, and further that it approves of the said action taken in this regard by the Livonia Housing Commis- sion; and 2. The Council does hereby agree that the City of Livonia will provide $225,000.00 for the purpose of defraying that portion of the construction cost which otherwise is not provided for in the budget established for this project by the Department of Housing and Urban Development; and further, the Department of Law is requested to submit a report on the possible legal and feasible methods to provide the subject financing for this project, further, the Council does hereby request that the City Clerk forward a certified copy of this resolution to the Livonia Housing Commission for transmission to the Department of Housing and Urban Development. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Milligan, Kleinert, Raymond and McCann. NAYS: McNamara. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Raymond, it was #1142-68 RESOLVED, that the Council does hereby request the firm of Miller, Canfield, Paddock & Stone to prepare for submission to the City Council all resolutions, documents, etc. that may be necessary in connec- tion with a proposed $225,000.00 General Obligation Bond Issue, the purpose of which would be to defray the City's portion of the construction cost involved relating to the low income senior citizens housing project Michigan-55-1, known as the Patrick V. McNamara Towers; and the Depart- ment of Law and City Clerk are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution; further, the Council does hereby request the Department of Law to submit a report on the possible legal and feasible methods to provide the subject financing for this project. 9954 A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Raymond and McCann. NAYS: McNamara. The President declared the resolution adopted. By Counci1mAn Milligan, seconded by Councilman Nash, it was #1143-68 RESOLVED, that the Mayor is hereby requested, with the aid of his staff, to advise this Council within thirty days of the effective date of this resolution, the feasibility of the City consolidating those departments, excluding Fire stations, presently occupying space in build- ings owned by the City and located throughout the City into space now available or to be made available within the planned Civic Center area, and also to advise this Council as to the financial returns which could be anticipated through the sale of those places presently owned by the City and located throughout the community away from the Civic Center area that are currently occupied by the departments and which could be moved into the Civic Center area. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Raymond, McCann and McNamara. NAYS : None. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #1144-68 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 19, 1968 on all matters required by Section 3.03 of Ordinance No. 401, as amended, and a first public hearing having been bald thereon on September 30, 1968, after due notice as required by Section 3.04 of said ordinance, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.05 of said ordinance, (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the paving of Brookfield Avenue between Schoolcraft and Lyndon Avenue, and Perth Avenue west of Brookfield Avenue, in the S. W. 1/4 of Section 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improve- ment 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 said improvement as set forth in said statement dated June 19, 1968; (4) determine that the estimated cost of such improvement is $90,700.00; 9955 (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 $8,300.00 and that the balance of said cost and expense of said public improvement amounting to $82,400.00 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 (10) annual installments together with interest thereon in the amount of six per cent (6%) per annum on the unpaid balance; (8) designate the assessment district describing the land and premises upon which special assessments shall be levied as follows: That part 4f the S. W. 1/4 of Section 22, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the south line of Section 22 distant N. 89° 52' 30" E. 1321.19 feet from the S. W. corner of said Section 22 and proceed- ing thence N. 0° 03' W. 442 feet; thence S. 89° 52' W. 2.36 feet to the S. E. corner of Lot No. 464 of Kimberly Oaks Estates Subdivision No. 3 as recorded in Liber 86, Page 1 of the Wayne County Records; thence N. 0° 05' 32" E. along the east line of said lot and extension thereof 182.79 feet to the north line of Scone Avenue (60feet in width); thence southeasterly along a curve to the right, said curve having a central angle of 456 00" and a radius 182.71 feet an arc distance of 139.84 feet to a point, thence S. 44°54' 28" E. 147.96 feet; thence southeasterly along a curve to the left, said curve having a central angle of 45° 13' 32" and a radius of 95°14 feet an arc distance of 75.10 feet to a point; thence N. 89°52'E. 19.62 feet to the S.E. corner of Lot No. 449 of said Kimberly Oaks Estates Subdivision No. 3; thence N. 0°02'35° W. along the east line of said lot 109.88 feet; thence S. 83° 27' 41" E. 68.94 feet; thence N. 0° 02' 35" W. 86o feet to the north line of Perth Avenue (60 feet in width); thence S. 89°52' W. along said north line 137 feet to the S. E. corner of Bureau of Taxation Parcel No. 22e13a1, said parcel being a part of Lot No. 13 of Sieting Gardens Subdivision as recorded in Liber 69, Page 11 of the Wayne County Records; thence northwesterly along a curve to the left, said curve having a central angle of 56° 12' 18" and a radius of 150.0 feet an arc distance of 147.14 feet to a point; thence N. 0°02' 50" W. 1134 feet to the E. & W. 1/4 line of Section 22; thence S. 89° 49' 00" E. along said line 682.71 feet; thence S. 0°03' B. 574.74 feet to the 9956 north line of Bureau of Taxation Parcel No. 22Z3a3a2a, 22Z3a6a; thence N. 89° 52' E. 212.19 feet, thence S. 0° 19' 10" W. 451.55 feet, thence S. 89° 50' 50" E. 120 feet; thence S. 0° 09' 10" W. 420 feet, thence N. 89°50'50" W. 120 feet, thence S. 0°09'10" W. 312.60 feet; thence N. 89°52' E. 2.66 feet, thence S. 0°02'35" E. 331.01 feet; thence N. 85°45'57" E. 36.30 feet,thence S. 0°02'35"E. 133.20 feet to the center line of Scone Avenue (60 feet in width); thence N. 89°52' E.along said center line 72 feet, thence S. 0°02'35" E. 130 feet; thence N. 89°52'E. 154.15 feet to the N. & S. 1/4 line of Section 22; thence S. 0°04'55" E. along said line 277 feet to the S. 1/4 corner of Section 22, thence S.89°52'W along the south line of Section 22, 1321.15 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 completion of said roll 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 required by Section 3.08 of the said ordinance. By Councilman Nash, seconded by Councilman McCann, it was #1145-68 RESOLVED, that the item on the agenda relative to the proposed installation of sidewalks on Eight Mile Road, Angling to Middlebelt, is hereby tabled to the next study session of the Council, to be held on October 23, 1968. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Milligan, Raymond and McCann. NAYS: Kleinert and McNamara. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Milligan, it was #1146-68 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 19, 1968 on all matters required by Section 3.03 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on September 30, 1968, after due notice as required by Section 3.04 of said ordinance, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.05 of said ordinance, 9957 (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of sidewalks on the south side of Eight Mile Road from Merriman Road to Middlebelt Road, in the North 1/2 of Section 2, T. 1 S. , R. 9 E., 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 derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated June 19, 1968; (4) determine that the estimated cost of such improvement is $17,100.00, (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 $00.00 and that the balance of said cost and expense of said public improvement amounting to $17,100.00 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 (10) annual installments together with interest thereon in the amount of six per cent (6%) per annum on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows• That part of the north 1/2 of Section 2, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as consisting of Wayne County Bureau of Taxation parcels 2I2a2b2a, 2II, 2J, 2I2a2c, 2I2a2blala, 2I2a2b1b, 2I2a1, I2a2a, 212b, 2H, 2G, 2F1a2al, 2F2a2 2b2 3a1 3a2 3b2, 2F27, 2F28 2E2a, 2Dlb, 2Dlalb, 2Dlala2, 2Dlalalb, 2Dlalala, also Lots 2A1 thru 2A6 both incl. and 38-41, 70-73, 102-105, 134-137, 166-169 of Storm and Fowler's Country Crest Subdivision as recorded in Liber 42 Page 74 of Wayne County Records. (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 9958 L (10) that upon the completion of said roll 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 required by Section 3.08 of the said ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES : Nash, Milligan, Kleinert, Raymond and 14cIlarlara. NAYS: McCann. The President declared the resolution adopted. Councilman Milligan introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 4.04 OF ARTICLE IV OF ORDINANCE NO. 543, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Pet. 68-1-6-1) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the L, office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Milligan, seconded by Councilman Kleinert, it was #1147-68 RESOLVED, that having considered a communication from the Department of Law dated. September 19, 1968, transmitting for Council acceptance a Warranty Deed dated September 3, 1968, from Morris Friedman and Sarah Friedman, his wife, Jack Malamud and Jennie Malamud, his wife, Louis LaMed and Esther LaMed, his wife, Jack N. Tucker and Ann Tucker, his wife, Maxwell B. Bardenstein and Renah Bardenstein, his wife, Melvin Seidman and Rita Seidman, his wife, and Jerry Malamud and Shirley Malamud, his wife, which purports to convey to the City the following described property The South 100.0 feet of the East 1/2 of the North- east 1/4 of the Southwest 1/4 of Section 21, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan (Bureau of Taxation Parcel 21P1) the Council does hereby determine, for and in behalf of the City of Livonia, to accept this deed and the City Clerk is hereby requested to L have the same recorded in the office of the Register of Deeds for the County of Wayne, and to do all other things necessary or incidental to the full performance of this resolution; and further, that upon the issuance of the 1968 tax bills the City Clerk and City Treasurer are authorized and directed to expend a sum not to exceed $160.00 for the payment of such taxes. 9959 A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Raymond, McCann and McNamara. NAYS: None. The communication from the Department of Law, dated September 23, 1968, relative to the status of Wayne County Circuit Court Case #55174, was received and filed for the information of the Council. The communication from the Zoning Board of Appeals, dated September 24, 1968, which transmits certain procedural rules which have been adopted by the Board relative to the handling of appeals under the Swimming Pool Ordinance, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Kleinert, it was #1148-68 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, Director of Public Works and Budget Director, dated September 25, 1968, and approved for submission by the Mayor, the Council does hereby accept the bids of the International Salt Company, 626 Buhl Building, Detroit, Michigan, 48226, and the Morton Salt Company, 10335 Flora Street, Detroit, Michigan, 48217, for supplying the City with rock salt for the period from December 1, 1968 through November 30, 1969, at a cost of $9.90 per ton delivered, the same having been in fact the lowest and identical bids received with respect to this item; further, the Council does hereby reject the bid submitted by the Diamond Crystal Salt Company for the reasons set forth in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Raymond, McCann and McNamara. NAYS: None. By Councilman Kleinert, seconded by- Councilman Milligan, and unanimously adopted, it was #1149-68 RESOLVED, that having considered a letter from Alexander C. Mekula, 14060 Beatrice, Livonia, dated September 25, 1968 wherein a request is made for the vacation and revision of the Blue Drain Easement where the same is adjacent to Mr. Mekula's property, the Council does L hereby refer this matter to the City Engineer for his report and recommendation. 9960 The communication from the Department of Law, dated September 30, 1968, with respect to "Wayne County Circuit Court Civil Action #115,726 was received and L. filed for the information of the Council. By Councilman Nash, seconded by Councilman Kleinert, it was #1150-68 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 1, 1968, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby amend Item #8 of Council Resolution No. 531-68 adopted on May 22, 1968 so as to reduce the Bond for remaining improvements in the Gold Manor Subdivision #2 to $5000.00 cash to cover the cost of remaining improvements in the said Subdivision; and further, the sidewalk bond in the amount of $35,800.00 shall remain the same and unchanged, 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: Nash, Milligan, Kleinert, Raymond, McCann and McNamara. NAYS: None. The communication from the Board of Wayne County Road Commissioners, Ldated September 30, 1968 with respect to the Improvement Program for Five Mile Road, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #1151-68 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Raymond, seconded by Councilman Kleinert, and unanimously adopted, it was #1152-68 RESOLVED, that having considered a communication from Donald M. Burns, 34850 Six Mile Road, Livonia, Michigan, dated October 8, 1968, wherein he has requested permission to use the facilities of the 30 inch storm drain on the North side of Six Mile Road, approximately 75 feet East of his property, the Council does hereby refer this matter to the City Engineer for his report and recommendation. By Councilman Raymond, seconded by Councilman Milligan, and unanimously Ladopted, this 625th regular meeting of the Council of the City of Livonia was duly adjourned at 8.40 P. M., October 9, 1968. ADDISON W. BACON, C rk.