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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