Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1964-10-28 Page 6835 MINUTES OF THE FOUR HUNDRED SIXTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LXVONIA On October 28, 1964, 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 8:10 P. M. Councilman McNamara delivered the invocation. Roll was called with the following result: Present-- Rudolf R. Kleine.t, Peter A. Ventura, John T.Daugherty, Daniel C. Allen, Edward H. McNamara and James R. McCann, Absent-- 11John F. Dooley. Elected and appointed officials present: Addison W. Bacon,City Clerk; Milton Firestone, Assistant City Attorney; Victor C. Phillips, Budget Director; Thomas J. Griffiths, Jr., Chief Accountant; Mrs. Doris Bachman, Traffic Commission; Donald Hull, City Planner; William J. Strasser, Chief City Engineer; Joel LaBo, Director of Public Safety; Milton Holley, City Assessor; John Dufour, Superintendent, Parks and Recreation; Robert A. Shaw, Director of Public Works; David L. Jones., Water and Sewer Commissioner; and Harry A. Smit, City Attorney. By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was #851-64 RESOLVED that, the minutes of the 468th regular meeting of the Council of the City of Livonia held October 21, 1964, are hereby approved. By Councilman Ventura, seconded by Councilman Daugherty, it was #852-64 RESOLVED that, the proposed budget for 1964-65 is hereby referred back to the Committee of the Whole for consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura and Daugherty. NAYS: Allen and Kleinert. The President declared the resolution adopted. Councilman McCann introduced the following Ordinance: AN ORDINANCE TO REGULATE THE MAKING, FILING, APPROVING AND REJECTING OF PLATS: PROVIDING FOR THE MINIMUM IMPROVEMENTS TO BE INSTALLED WITHIN NEW SUBDIVISIONS, THE INSPECTION OF BOTH LAND AND IMPROVEMENTS, THE Page 6836 FILING OF FINANCIAL ASSURANCES, INSPECTION, ENGINEERING AND FILING FEES, THE HIRING OF ENGINEERING CONSULTANTS; PROVIDING FOR THE AIMINISTRATION CF THIS ORDINANCE, THE ADOPTION CF REGULATIONS HEREUNDha AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. aCouncilman John F. Dooley arrived at 8:17 P. M. Councilman Allen gave a minority report on the proposed Plat Ordinance, objecting to the revised ordinance. Mr. Jerry Mudie of Detroit Edison Company entered objections on b ehalf of his company, to Section 2.01 of the revised Plat Ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. A copy of the above ordinance is on file in the office of the City Clerk and is the same as if word for word repeated herein. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #853-64 RESOLVED that, having considered the Plat Ordinance and the matter of finished grading of individual lots in new subdivisions, the Council does hereby refer to the Chief City Engineer for report and recom- mendation the question of how monuments for finished grading fbr individual lots in new subdivisions may be implemented. The letter dated September 15, 1961 , from the Department of Law regarding the construction of overpasses at railroad crossings within the City, submitted pur- suant to resolution #1.55-6L , was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman McCann, it was #851 -64 RESOLVED that, having considered the letter dated October 15, 196L, from the Chief City Engineer, approved by the Director of Public Works, submitting deed dated October 9, 1964, from Joseph Levine and Bertha Levine, his wife; and Jack Rosenberg and Charlotte Rosenberg, his wife, to the City of Livonia dedicating the right-of-way required for the opening and establishing of Dardenella Avenue as a public street in the Northwest 1/4 of Section 12 and recommending acceptance of same, the Council does hereby accept the deed from Joseph Levine and Bertha Levine, his wife, and Jack Rosenberg and Charlotte Rosenberg, his wife, to the City of Livonia, dedicating the right-of-way required for the opening and establishing of Lardenella Avenue as a public street in the Northwest 1/4 of Section 12, T. 1 S., R. 9 E., City of Livonia, County of Wayne, Michigan, Page 6837 and does hereby accept Dardenella Avenue as a public road; and the City Clerk is requested to record the aforesaid deed in the office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCa'n, Ventura, Daugherty, Allen, Dooley and Kleinert. NAYS: None. By Councilman Daugherty, seconded by Councilman McNamara and unanimously adopted, it was #855-64 RESOLVED that, having considered the petition signed by John R. Dubes, and others, received October 13, 1964, and before determining to install street lights in Algonquin Park Subdivision located in Section 23 of the City of Livonia, Wayne County, Michigan, the cost of which is to be defrayed by special assessment, the Chief City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the pro- posed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared plans and specifica- tions therefor and an estimate of the cost thereof, and to file the same 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 a1 y, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be inoluded in the proposed special assessment district pursuant to the provisions of Sections 3.03 and 4.01 of Ordinance No. 401, as amended. By Councilman Allen, seconded by Councilman Dooley, it was RESOLVED that, having considered the ratter of street lighting previously considered in Council resolutions #77-64,e #146-64, #190-64, #386-64, #437-64, #527-64 and #793-64, and having considered the report dated September 1, 1964, from the Chief City Engineer, approved by the Director of Public works, the Council does hereby authorize the installa- tion of street lights at 247 unlighted intersections, in accordance with the Engineer's report, and for this purpose the Council does hereby ap- propriate the sum of $20,000.00 from the Unallocated Funds Account (362-2) to Municipal Utilities and Surplus Account (164); and the Budget Director is requested to incorporate this in the 1964-65 Budget; and the City Clerk is requested to make application to The Detroit Edison Company, on forms provided by such company, for the installation of a street light of suitable lumen strength to be installed at the various intersections, it being the determination of the Council that such intersections require lighting in order to protect the public safety of the residents of the community. By Councilman McNamara, seconded by Councilman Ventura and unanimously adopted, it was #856-64 RESOLVED that, the proposal to install street L ghts at 247 un- lighted intersections in the City of Livonia, is hereby referred to the Committee of the Whole for further study. Page 6838 By Councilman McNamara, seconded by Councilman McCain and unanimously adopted, it was #857-64 RESOLVED that, having received a communication dated October 16, 1964, from the Assistant Director of Public 4orks, approved by the Director of Public Works, and approved and recommended by the Mayor, regarding recom- mendations for sand and loam cover at the refuse site, the Council does hereby authorize the Director of Public Works to advertise for bids on an annual basis for labor and equipment only to stockpile sand and loam cover at the refuse site under supervision of the Department of Public Works, said bids to be made as outlined in said recommendation. By Councilman Ventura, seconded by Councilman McNamara, it was #858-64 RESOLVED that, having considered the letter dated October 28, 1961 , from the Director of Public orks regarding nursery stock on Merriman Road and the Council having heard from Mr. Costello and his attorney, William N. Ponder, and it appearing that some stock on the premises has been condemned by the State Inspector and some stock has died and that the Department of Public Works will remove certain trees from the premises by November 5, 1964, and has recommended that the City use fourteen (14) Norway Spruce trees to be used for Christmas Trees, the Council does hereby determine that the value of the trees remaining after November 5, 1964, with the exception of the referred to Norway Spruce, is $1.00, and does offer to sell to Michael J. Costello all trees remaining on the premises after November 5, 1961 , excepting therefrom fourteen (14) Norway Spruce to be designated by the Director of Public Works at the time Mr. Costello accepts this offer, the Council reserving the right to the removal of said spruce trees. A roll call vote was taken on the foregoing resolution with the following results AYES: McNamara, McCann, Ventura, Daugherty, Dooley and Kleinert. NAYS: Allen. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was #859-64 RESOLVED that, having considered a petition dated October 16, 1964, to rezone by James M. Jeffrey and others, with supplements thereto, the Council does hereby refer to the City Planning Commission the question of whether or not property in the area from and including Cindy to the com- mercial property south of Plymouth Road and and from and including Farmington Road to Wayne Road in the City of Livonia, should be rezoned from RUFB to R-1, and the Commission is requested to hold a public hearing on the question and thereafter make a report and recommendation to the Council. By Councilman McNamara, seconded by Councilman Ventura, it was #860-64 RESOLVED that, having considered the communication dated October 21, 1964, from the Department of Law requesting an appropriation of $ 50.00 for Page 6839 hiring court reporters to attend State Tax Commission hearings, the Council does hereby authorize the transfer of $50.00 from the Unallocated Funds to Account No. 146-11, Court Expense Account of the Law Department Budget. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Daugherty, Allen, Dooley and Kleinert. NAYS: None. By Councilman Daugherty, seconded by Councilman McCann, it was #861-64 RESOLVED that, having considered the communication dated October 21, 1964, of the Department of Law, the Council does hereby authorize the transfer of the sum of $950.00 from Unallocated Funds to Account No. 146-11, Court Expense Account of the Law Department, for printed brief and records in the matter of the City of Livonia vs State Tax Commission, No. 50629. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Daugherty, Allen, Dooley and Kleinert. NAYS: None. By Councilman Ventura, seconded by Councilman McCann and unanimously adopted, it was #862-64 RESOLVED that, having considered the matter of a traffic signal at the intersection of West Chicago and Harrison in the City of Livonia, Michigan, the Council does hereby refer this matter to the Wayne County Road Commission with the request that an estimate of cost be submitted to the Council by the Wayne County Road Commission along with a recommendation that this light be installed immediately. By Councilman McCann, seconded by Councilman Ventura and unanimously ads pted, it was #863-64 RESOLVED that, having considered the report dated October 15, 1964, of the City Planning Commission, recommending the approval of Petition No. Z-649, submitted by Seymour 4eissman, President, Dale Investment Company, Inc., for change of zoning in the Southwest 1/4 of Section 27 from RUFB to M-1, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. Z-649 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law, and upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman McCann, seconded by Councilman Daugherty and unanimously adopted, it was Page 6840 #864-64 RESOLVED that, having considered the matter of the renovation of certain portions of the City Hall, the Council does hereby authorize the Director of Public works to engage the services of William Lindhout, Architect. The following resolution was offered by Councilman Allen, seconded by Councilman McNamara: WHEREAS, the City of Livonia has engaged a consulting engineer for various City projects; and WHEREAS, the City has grown and the projects are so substantial that the question of whether or not the City should directly undertake these projects through enlarging its engineering staff instead of hiring a consulting engineer; NOW, THEREFORE, the Council does hereby refer the question to the Civil Service Commission and the Budget Director for their respective reviews, reports and recommendations. By Councilman Ventura, seconded by Councilman McCann, it was #;.5-64 RESOLVED that, the matter of enlarging the engineering staff of the City instead of hiring consulting engineers, is hereby referred 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, Ventura, Daugherty, Allen and Dooley. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman McCann, it was #866-64 RESOLVED that, the Chief City Engineer having filed with the City Clerk a statement dated September 23, 1964, on all matters required by Section 3.03 of Ordinance No. 401, as amended, and a first public hearing having been held thereon an October 26, 1964, 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) approve and approve said statement in all respects; 2) determine to make the improvement aunsis ting of Indus trial Road Paving - Part I, in the North 1/2 of Section 26, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said state- ment; 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; Page 6841 3) approve the plans and specifications for said improvement as set forth in said statement dated September 23, 1964; 4) determine that the estimated cost of such improvement is $296,501.85; 5) determine that the cost of said improvement shall be paid for in part by special assessment 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 $0.00 for curbs and intersections and that the ba lance of said cost and expense of said public improve- ment amounting to $296,501.85 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; 7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon in the amount of four per cent (4%) per annum an unpaid balance; 8) 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 26, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, '' being more particularly described as follows: That part of the N. 1/2 of Section 26, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at the West 1/4 corner of Section 26, and proceeding thence northerly along the West line (Merriman Road) of said Section 26, 1,023.50 feet; thence Easterly and along the south line of Bureau of Taxation Parcel 26Flbla, 474.62 feet; thence Northerly along the east line of said parcel, 132.0 feet; thence Westerly along the North line of said Parcel 26Flbla, 475.71 feet to the West line of Section 26; thence northerly along said West line 167.95 feet; thence Easterly and along the north lines of Bureau of Taxation Parcels 26Flalb and 26Flala, 2,476.83 feet; thence Northerly along the West line of Bureau of Taxation Parcel 26C1b2, 2b, 3b, 4b, 26E12b, 660.0 feet; thence Easterly along the South lines of Bureau of Tiacation Parcels 26E12a, 26C4a, 26C3a, 433.0 feet; thence southerly along the West line of Bureau of Taxation Parcel 26C2a, 9.85 feet; thence Easterly along the South line of said parcel 134.0 feet; thence Northerly along the East line of said Parcel 26C2a, 9.85 feet; thence Easterly along the South lines of Bureau of Taxati :n Parcels 26C1b1 and 26B1, 562.50 feet; thence Northerly along the East line of Bureau of Taxation Parcel 26B1, 661.08 feet to the North line of. Section 26 (School.. craft Road); thence Easterly along said North line 786.07 feet; thence Southerly and along the gest line of Bureau of Taxation Parcel 26A,1b1, 277.0 feet; thence Easterly along the south line of said parcel 130.0 feet; thence Northerly along the East line of said Parcel 26Albl, 277.0 feet to the North line of Section26; thence Easterly along said North line, 466.53 feet; Page 6842 thence Southerly and along the West line of Bureau of Taxation Parcel 26A1, a b2a, 352.0 feet; thence Easterly along the South line of said parcel, 310.0 feet to the East line (Middle- belt Road) of Section 26; thence Southerly along said East line 2,194.31 feet; thence Northwesterly 370.79 feet and Westerly 2,018.81 feet and Southwesterly 289.26 feet along the North line of Bureau of Taxation Parcel 26D2 to the North and South 1/4 Section line of Section 26; thence Southerly along said Section line 138.78 feet to the center 1/4 corner of Section 26; thence Westerly along the East and West 1/4 Section line 2,637.62 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, all in accordance with the determination of the City Council; and 10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 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 same to the City Council prior to the holding of the second public hearing thereon required by Section 3.08 of said ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Daugherty, Allen, Dooley and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman McNamara, it was #867-64 RESOLVED that, the Chief City Engineer having filed with the City Clerk a statement dated September 23, 1964, on all matters required by- Section 3.03 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on October 26, 1964„ after due notice as required by Section 3.04 of said Ordinance, and after careful considera- tion 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 Industrial Road Paving-Part II in the North 1/2 of Section 26, 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 September 23, 1964; Page 6843 4) determine that the estimated cost of such improvement is $49,414.15; 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 $0.00 for curbs and inter- sections and that the balance of said cost and expense of said public improvement amounting to $49,414.15 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; 7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon in the amount of four per cent (oro) per annum on unpaid balance; 8) 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 N. W. 1/4 of Section 26, T. 1 S., R. 9 E., City of Livonia, Wayne County,, Michigan, being more particularly described as follows: That part of the N. W. 1/4 of Section 26, T. 1 S., R. 9 E., City of Livonia, Mayne County, Michigan, described as beginning at a point on the West line (Merriman Road) of said section distant due South 1101.80 feet from the N.W. corner of Section 26 and proceeding thence due east 1853.91 feet; thence N. 0° 291 56" E. 1080.60 feet to the North line (Schoolcraft Road) of Section 26, thence S. 89° 21' E. along said North line 625.0 feet; thence S. 0° 29' 56" W. 1,321.08 feet; thence N. 890 23' 58" W. 2,476.83 feet to the West line (Merriman Road) of Section 26; thence due North along said West line 221.65 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 to all land; all in accordance with the determination of the City Council; and 10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 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 said ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Daugherty, Allen, Dooley and Kleinert. NAYS: None• Page 681414 By Councilman Dooley, seconded by Councilman McNamara, it was #868-64 RESOLVED that, the $91,000.00 bond required of the proprietors of the Merriman Road Industrial Subdivision to insure the improvements of the Industrial Road is hereby waived, inasmuch as 1) the road right-of-way has been deeded to the City; and 2) the City of Livonia is going to install all of the improvements and assess the abutting property owners; and in fact the Council has already contracted for the engineering and has granted a contract for the clearing of the right-of-way; therefore, the Council does hereby determine that the bond requirement be removed. it roll call vote was taken on the foregoing resolution with the following result: ACE124 : McNamara, McCann, Ventura, Daugherty, Allen, Dooley and Kleinert. NAYS: None. On motion of Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, this 469th regular meeting of the Council of the City of Livonia was duly adjourned at 1028 P. M., October 28, 1964. ii ) son W. Bacon, Cir'