HomeMy WebLinkAboutCOUNCIL MINUTES 1965-05-12 Page 7193
MINUTES OF THE FOUR HUNDRED NINETY-FOURTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On May 12, 1965, 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 13 P. M Councilman Allen delivered the invocation Roll was
called with the following result: Present--Rudolf R Kleinert, Daniel C Allen,
John F. Dooley and James R McCann Absent--Peter A Ventura and Edward H McNamara
Elected and appointed officials present Addison W Bacon, City Clerk,
Steve Polgar, City Attorney, Harry C. Tatigian, first Assistant City Attorney, Don
Hull, City Planner, Victor C Phillips, Budget Director, Thomas J Griffiths, Jr ,
Chief Accountant, Victor Beale, Executive Secretary to the Mayor, Daniel R Andrew,
Industrial Coordinator, William J Strasser, Chief City Engineer, and John E Hiltz,
Consulting Engineer.
By Councilman McCann, seconded by Councilman Dooley and unanimously
adopted, it was
#486-65 RESOLVED that, the minutes of the 493rd regular meeting of the
Council of the City of Livonia, held May 5, 1965, and the 93rd special
meeting held May 10, 1965, are hereby approved
The veto message dated May 12, 1965, from the Mayor of resolution #438-65,
adopted on May 5, 1965, was received by the Council, and set aside for action at an
adjourned session of this meeting
An Ordinance Amending Ordinance No 449 Known and Cited as the "Building
Code Ordinance of the City of Livonia", as amended, by Adding Section 7 04 to Article
VII Thereof, introduced on May 5, 1965, by Councilman McCann, was taken from the
table and a roll call vote conducted thereon with the following result-
AYES. Allen, Dooley, McCann and Kleinert
NAYS None
The President declared the foregoing Ordinance duly adopted and would become effective
on publication
Page 7194
An Ordinance Amending Ordinance No 449 Known and Cited as the "Building
Code Ordinance of the City of Livonia", by Amending Section 4.09 of Article IV and
Adding Sections 5 13, 5.14, 5 15, 5 16 and 5 17 to Article V thereof, introduced by
Councilman McCann on May 5, 1965, was taken from the table and a roll call vote
conducted thereon with the following result
AYES: Allen, Dooley, McCann and Kleinert
NAYS• None.
The President declared the foregoing ordinance duly adopted and would become effective
on publication
An Ordinance to Regulate Smoke and Control Air Quality Within the City of
Livonia, introduced by Councilman McCann on May 5, 1965, was taken from the table
and a roll call vote conducted thereon with the following result-
AYES- Allen, Dooley, McCann and Kleinert
NAYS• None
The President declared the foregoing Ordinance duly adopted and would become effective
on publication
An Ordinance Amending Section 2 of Article II of Ordinance No 305, as
amended, entitled "An Ordinance to Regulate the Construction and Maintenance of
Private Swimming Pools in the City of Livonia and to License the Operation of Private
Swimming Pool Clubs in the City of Livonia", introduced on May 5, 1965, by Councilman
McCann, was taken from the table and a roll call vote conducted thereon with the
following result
AYES: Allen, Dooley, McCann and Kleinert
NAYS: None
The President declared the foregoing Ordinance duly adopted and would become effective
on publication
An Ordinance Amending Ordinance No 446, of the City of Livonia, Known and
Cited as the "Street Ordinance", by Amending Section 5 08 of Article V thereof,
Page 7195
introduced by Councilman McCann on May 5, 1965, was taken from the table and a roll
call vote conducted thereon with the following result
AYES Allen, Dooley, McCann and Kleinert
NAYS. None
The President declared the foregoing Ordinance duly adopted and would become effective
on publication
The following resolution was offered by Councilman Dooley and supported by
Councilman Allen
#487-65 WHEREAS, pursuant to due and proper notice, published and mailed
to all property owners in Special Assessment District No 26, for the paving
of the Industrial Road between Middlebelt and Merriman Roads in the North
1/2 of Section 26 (PART I) in the City of Livonia, Wayne County, Michigan,
as required by the provisions of the City Charter and Ordinance No. 401, as
amended, of the City of Livonia, a public hearing thereafter having been
held thereon on Monday, January 25, 1965, at 8 00 P. M. , at the City Hall,
33001 Five Mile Road, Livonia, Michigan, and the City Council having duly
met and reviewed the special assessments levied on the special assessment
roll as prepared by the City Assessor to cover the district portion of the
cost of street improvements to be constructed in Special Assessment
District No 26, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED THAT
1 The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated April 27, 1965, in the amount
of $190,347 42, are fair and equitable and based upon benefits to be
derived by construction of improvements proposed in said district, in
accordance with the plans of the Chief City Engineer and resolutions of
the City Council,
2 Said Special Assessment Roll No 26 is hereby approved and con-
firmed in all respects,
3 The amount of said roll shall be divided into twenty (20) annual
installments with interest at the rate of four per cent (4%) per annum on
the unpaid balance of the assessment from the date of confirmation. In
such cases where the installments will be less than Ten Dollars ($10 00) ,
the number of installments shall be reduced so that each installment shall
be above and near Ten Dollars ($10.00) as possible. The first installment
shall be due and payable December 1, 1965, and subsequent installments
on December 1st of succeeding years,
4 Pursuant to the provisions of Section 3 10 of Ordinance No 401,
as amended, the City Clerk shall endorse the date of confirmation on the
assessment roll, and the said assessment roll shall then be immediately
transmitted to the City Treasurer who shall then publish notice as is re-
quired by Section 6 03, and mail assessment statements to the respective
Page 7196
property owners assessed in the manner and substance as provided by said
Section 6 03 Any property owner assessed may, within sixty (60) days
from the date of confirmation of the roll, pay the whole or any part of the
assessment without interest or penalty,
5 The first installment shall be spread upon the 1965 City tax roll
in the manner required by Section 6 05 of Ordinance No 401, as amended,
together with interest upon all unpaid installments from the date of con-
firmation of the roll to December 1, 1965, and thereafter one (1) installment
shall be spread upon each annual tax roll, together with one (1) year's
interest upon all unpaid installments, provided, however, that when any
annual installment shall have been prepaid in the manner provided by said
Ordinance No. 401, as amended, either within the sixty (60) day period as
provided by Section 6 04, or after the expiration of the sixty (60) day
period as provided by Section 6 07, and then there shall be spread upon the
tax roll for such year only the interest for all unpaid installments
A roll call vote was taken on the foregoing resolution with the following result
AYES Allen, Dooley, McCann and Kleinert
NAYS None
The following resolution was offered by Councilman Dooley, seconded by
Councilman McCann
#488-65 WHEREAS, pursuant to due and proper notice, published and mailed
to all property owners in Special Assessment District No. 27, for the paving
of the Industrial Road between Middlebelt and Merriman Roads in the North
1/2 of Section 26 (Part II) in the City of Livonia, Wayne County, Michigan,
as required by the provisions of the City Charter and Ordinance No 401, as
amended, of the City of Livonia, a public hearing thereafter having been
held thereon on Monday, January 25, 1965, at 8 30 P. M. , at the City Hall,
33001 Five Mile Road, Livonia, Michigan, and the City Council having duly
met and reviewed the special assessments levied on the special assessment
roll as prepared by the City Assessor to cover the district portion of the
cost of street improvements to be constructed in Special Assessment
District No. 27, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED THAT
1 The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated April 27, 1965, in the amount of
$32,563 57, are fair and equitable and based upon benefits to be derived
by construction of improvements proposed in said district, in accordance
with the plans of the Chief City Engineer and resolutions of the City
Council,
2 Said Special Assessment Roll No. 27 is hereby approved and con-
firmed in all respects,
Page 7197
3 The amount of said roll shall be divided into twenty (20) equal
annual installments with interest at the rate of four per cent (4%) per
annum on the unpaid balance of the assessment from the date of confirmation
In such cases where the installments will be less than Ten Dollars ($10 00),
the number of installments shall be reduced so that each installment shall
be above and as near Ten Dollars ($10 00) as possible The first installment
shall be due and payable December 1, 1965, and subsequent installments on
December 1st of succeeding years,
4. Pursuant to the provisions of Section 3.10 or Ordinance No. 401,
as amended, the City Clerk shall endorse the date of confirmation on the
assessment roll, and the said assessment roll shall then be immediately
transmitted to the City Treasurer who shall then publish notice as is
required by Section 6 03, and mail assessment statements to the respective
property owners assessed in the manner and substance as provided by said
Section 6.03 Any property owner assessed may, within sixty (60) days
from the date of confirmation of the roll, pay the whole or any part of
the assessment without interest or penalty,
5 The first installment shall be spread upon the 1965 City tax roll
in the manner required by Section 6 05 of Ordinance No. 401, as amended,
together with interest upon all unpaid installments from the date of con-
firmation of the roll to December 1, 1965, and thereafter one (1) installment
shall be spread upon each annual tax roll, together with one (1) year's
interest upon all unpaid installments, provided, however, that when any
annual installment shall have been prepaid in the manner provided by said
Ordinance No 401, as amended, either within the sixty (60) day period as
provided by Section 6 04, or after the expiration of the sixty (60) day
period as provided by Section 6 07, then there shall be spread upon the
tax roll for such year only the interest for all unpaid installments
A roll call vote was taken on the foregoing resolution with the following result
AYES• Allen, Dooley, McCann and Kleinert
NAYS: None
The following resolution was offered by Councilman McCann and seconded by
Councilman Dooley:
#489-65 WHEREAS, there is presently pending in the State Legislature
amendatory legislation to Act 283 of the Public Acts of 1909, as amended,
whereby railroad companies would be required to eliminate all grade cross-
ings of highways and railroad tracks upon which trains are run within
cities, villages, and townships having a population of 10,000 or over, in
the next four years, and
WHEREAS, Livonia, a city of 36 square miles and 90,000 people
is completely traversed by railway tracks which cross many heavily traveled
streets and roadways without benefit of even one bridge or grade separation,
and
WHEREAS, records compiled by the Police Department indicate that
the lack of bridge facilities at railroad crossings has resulted in not
only an adverse effect on the flow of traffic but in an unusually heavy
incidence of accidents and injuries to motorists and their passengers as
Page 7198
well, and this danger to life and property can only get worse with the
growth in population in this area, and
LWHEREAS, Livonia has been artifically divided into two parts
by the railroad, and the City in the interest of the public welfare has
been compelled to duplicate essential police, fire and emergency services
at a prohibitive expense to the taxpayers, and
WHEREAS, a continuation of this unconscionable situation, with
the rapid rate of urbanization in Western Wayne County can only lead to
an increase in the dangers and hazards that the literally tens of thousands
of citizens must face every time they travel in a north and south direction
across the City of Livonia unless such bridge and grade separations are
provided,
NOW, THEREFORE, BE IT RESOLVED that, the City Council for the
City of Livonia, Michigan, does hereby determine to concur in the spirit
of Senate Bill No 213, and urges its adoption deeming that the same is
not only in the best interests of the people of the City of Livonia, but
of all citizens traveling anywhere within the State of Michigan
A roll call vote was taken on the foregoing resolution with the following result-
AYES: Allen, Dooley and McCann
NAYS: Kleinert
The President declared the resolution adopted
Councilman McCann introduced the following Ordinance
AN ORDINANCE AMENDING SECTION 31 OF THE ZONING MAP OF THE
CITY OF LIVONIA AND AMENDING ARTICLE 3 00 OF THE ZONING OR-
DINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA
BY ADDING THERETO SECTION (Petition Z-661)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
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.
Councilman McCann introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 173 OF THE
CITY OF LIVONIA, ENTITLED "AN ORDINANCE TO PROVIDE FOR THE
REMOVAL, STORAGE AND DISPOSITION OF ABANDONED AND UNCLAIMED
AUTOMOBILES, BICYCLES OR OTHER PERSONAL PROPERTY AND PROVID-
L. ING ALSO FOR THE CONFISCATION AND DISPOSITION OF INHERENTLY
DANGEROUS ARTICLES"
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein
Page 7199
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
By Councilman Dooley, seconded by Councilman McCann and unanimously
adopted, it was
#490-65 RESOLVED that, having considered the request dated April 30, 1965,
from the Detroit Race Course, Inc , by its General Manager, Frank J Liddy,
to have a fireworks display on July 4, 1965, on the premises of said race
course in co-sponsorship with the City of Livonia, the Council does hereby
grant permission to the Detroit Race Course, Inc , to transport and fire
aerial fireworks on the night of July 4, 1965, provided, however, that this
display is to be under the supervision of the Livonia Fire Department and
in such area as approved by the Livonia Fire Department, and the City of
Livonia, its agents and employees will not be -esponsible for any injuries
or damage caused by the fireworks or by the persons using such fireworks
By Councilman Dooley, seconded by Councilman Allen, it was
#491-65 RESOLVED that, having considered a report and recommendation dated
April 26, 1965, from the Director of Public Works and Budget Director, con-
cerning bids received for road maintenance aggregates, the Council does
hereby accept the following bids for supplying the City with merchandise at
the following prices
1. Telischak Sand & Gravel, Inc , 12300 Farmington Road, Livonia, for
Aggregates
3/4" (19A) Stone, delivered and spread @ 2 57 per ton
2. Edward C. Levy Co. , 8800 Dix Avenue, Detroit 9, Michigan, for
Slag Aggregates
9A Slag, spread @ 3.05 per ton
3. Hayes Washed Sand & Gravel Co. ,10930 W Six Mile Road, Northville, for
Maintenance and 60-40 Gravel
60-40 Gravel, delivered @ 1.57 per ton
4. Mather Supply Co , 10930 W Six Mile Road, Northville, for
Aggregates
1-1/4" (9A) Stone, delivered and spread @ 2 53 per ton
31A Stone (sealcoat) , delivered @ 2 80 per ton
31A Stone, spread @ 2 35 per ton
31B Gravel, delivered @ 2 70 per ton
Natural Sand, delivered @ 1.09 per ton
Masonry Sand, delivered @ 1 50 per ton
4A Stone, spread @ 2 45 per ton
348 Stone, spread @ 2 53 per ton
Slag Aggregates
25A Slag, delivered and spread @ 3 71 per ton
31A Slag, delivered @ 3 71 per ton
9A Slag, delivered @ 3 04 per ton
3A Slag, delivered and spread @ 3 04 per ton
21A Slag, delivered and spread @ 3 04 per ton
29A Slag, delivered @ 3 71 per ton
Page 7200
Maintenance and 60-40 Gravel
22A Gravel, delivered and spread @ 99 per ton
22A Gravel, pickup @ 65 per ton
21A Gravel, delivered @ 1 25 per ton
21A Gravel, spread @ 1 27 per ton
21A Gravel, pickup @ 77 per ton
and the Council does hereby accept the above bids, the same having been in
each case, in fact, the lowest bid received for such item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES• Allen, Dooley, McCann and Kleinert
NAYS None
The report of the Municipal Court for the month of April, 1965, was re-
ceived and filed
By Councilman Dooley, seconded by Councilman Allen and unanimously
adopted, it was
#492-65 RESOLVED that, the City Council does hereby acknowledge receipt
of the City Planning Commission resolution #4-84-65, adopted on April 20,
1965, wherein the Planning Commission has submitted its final report on the
proposed new comprehensive zoning ordinance and comprehensive zoning map
with the reconuiendation of the Commission that such ordinance and map, as
approved subject to certain changes, be adopted by the Council after a
public hearing with respect to same has been conducted thereon, such proposed
new and comprehensive zoning ordinance and map having been previously formu-
lated and prepared by the Planning Commission pursuant to the direction of
the City Council in its resolution #941-62, adopted on December 10, 1962,
and tentative approval having been previously rendered by the Planning
Commission and public hearings conducted in a proper manner by the Planning
Commission and a tentative report thereon submitted as required by the City
Council prior to submission of such final report, all of which is set forth
in the aforesaid resolution #4-84-65, of the Planning Conuuission, the Council
does hereby determine that a public hearing will take place before the City
Council of the City of Livonia in the City Hall Building, 33001 Five Mile
Road, Livonia, Michigan, on the proposed adoption of a new comprehensive
zoning ordinance of and for the City of Livonia, prepared and formulated
pursuant to the provisions of Act 207 of the Public Acts of Michigan of 1921,
as amended, which ordinance provides for the manner in which the regulations
and boundaries authorized by said Act 207 may be determined and enforced,
and which proposed ordinance is accompanied by a new comprehensive zoning
map of and for the City of Livonia, which proposed comprehensive zoning
ordinance and map shall be on file in the office of the City Clerk at the
City Hall Building, 33001 Five Mile Road, Livonia, Michigan, during the
period of fifteen (15) days immediately preceding the date of the aforesaid
hearing in order that the same may be examined in said office by any and
all interested persons, and such public meeting shall be conducted on
June 28, 1965, at 8.00 P. M. , This notice shall be given to the public by
publication in the official newspaper of the City of Livonia and by registered
Page 7201
United States mail to each public utility and to each railroad company owning
and operating any public utility or railroad within the City of Livonia,
Wayne County, Michigan, in accordance with the provisions and requirements
of Act 207 of the Public Acts of Michigan of 1921, as amended, and the
City Clerk is hereby requested to do all things necessary or incidental in
order to implement the purpose of this resolution.
By Councilman Dooley, seconded by Councilman McCann, it was
#493-65 RESOLVED that, this 494th regular meeting of the Council of the
City of Livonia be adjourned to Wednesday, May 19, 1965, at 7.00 P. M. .
A roll call vote was taken on the foregoing resolution with the following result:
AYES• Dooley, McCann and Kleinert
NAYS: Allen
The President declared the foregoing resolution adopted and the meeting adjourned to
Wednesday, May 19, 1965, at 7 00 P. M. , the time of this adjournment being 8 20 P. M. ,
May 12, 1965
Addison W. Bacon, Ci'y Cl,rk