HomeMy WebLinkAboutCOUNCIL MINUTES 1965-01-06 Page 6929
MINUTES OF THE FOUR HUNDRED SEVENTY-SIXTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
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On January 6, 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 8:12 p. m.. Councilman McCann delivered the invocation. Roll was
called with the following result: Present--Rudolf R. Kleinert, Daniel C. Allen,
John F. Dooley, Edward H. McNamara and James R. McCann. Absent--*John T. Daugherty,
and Peter A. Ventura.
Elected and appointed officials present: Addison W. Bacon, City Clerk;
Milton Firestone, Assistant City Attorney; Robert A. Shaw, Director of Public Works;
Joel LaBo, Director of Public Safety; Victor C. Phillips, Budget Director; Donald
Hull, City Planner; John Dufour, Superintendent, Parks and Recreation; Daniel R.
Andrew, Industrial Coordinator; Carl Demek, Superintendent, Operations Division;
David L. Jones, Water and Sewer Commissioner; Ed Siemert, Engineering Division;
Thomas Heap, Zoning Board of Appeals; Avram Rosenthal, Librarian; and Joseph Jenkins,
Duane Rousch and Thomas Daoust of the Library Commission.
By Councilman McNamara, seconded by Councilman Allen and unanimously
adopted, it was
#1-65 RESOLVED that, the minutes of the 475th regular meeting of the
Council of the City of Livonia held December 30, 1964, are hereby approved.
The letter dated December 30, 1964, from the Mayor, regarding the law suit
entitled "City of Livonia vs Northwestern Mortgage Company, a Michigan corporation,
et al", No. 23,002, in the Wayne County Circuit Court, was received and filed for
the information of the Council.
The following preamble and resolution were offered by Councilman Dooley
and supported by Councilman McNamara:
Isw #2-65 WHEREAS, by resolution duly adopted on January 15, 1964, this
Council did authorize the filing of a petition, signed by the Mayor and
City Clerk of the City, with the Drain Commissioner of the County of Wayne
for locating, establishing and constructing a County drain to be located in
Page 6930
the City of Livonia, the route thereof being described in said resolution,
and did authorize the Drain Commissioner to proceed with the construction
and financing thereof under the provisions of Chapter 20 of Act 40, Public
Acts of Michigan, 1956, as amended;
AND WHEREAS, proceedings have been taken by the statutory drainage
board in accordance with the provisions of said law for the locating,
establishing, construction and financing of said drain, referred to in
said statutory proceedings as "Livonia Drain No. 11";
AND WHEREAS, said proceedings have progressed to the point where
the computation of cost of said drain has been determined to be $558,000.00,
and an assessment roll has been prepared and confirmed assessing said
estimated cost to the public corporations benefited in accordance with
apportionments duly confirmed, as follows:
City of Livonia 94.41%
County of Wayne (drainage of
County highways) 5.59%
AND WHEREAS, said confirmed assessments are payable in twenty
annual installments, the first of which is due April 1, 1965, and the
balance on April 1st of each year thereafter, with interest at 6% on unpaid
installments from and after October 1, 1964, subject to adjustment as
provided in the resolution of the Drainage Board confirming said special
assessment roll, which special assessment roll is designated SPECIAL
ASSESSMENT ROLL NO. 1 — LIVONIA DRAIN NO. 11, the annual installments
assessed against the City of Livonia (exclusive of interest) and the due
dates being specified as follows:
Due Date Assessment Installment
April 1, 1965 $16,993.80
April 1, 1966 18,882.00
April 1, 1967 18,882.00
April 1, 1968 18,882.00
April 1, 1969 18,882.00
April 1, 1970 18,882.00
April 1, 1971 23,602.50
April 1, 1972 23,602.50
April 1, 1973 23,602.50
April 1, 1974 23,602.50
April 1, 1975 23,602.50
April 1, 1976 28,323.00
April 1, 1977 28,323.00
April 1, 1978 28,323.00
April 1, 1979 33,043.50
April 1, 1980 33,043.50
April 1, 1981 33,043.50
April 1, 1982 37,764.00
April 1, 1983 37,764.00
April 1, 1984 37,764.00
AND WHEREAS, bonds in anticipation of the assessment installments
have been authorized by the Drainage Board, designated "Livonia Drain No. 11
Page 6931
Drainage District Bonds", and being in the aggregate principal amount of
$58,000.00, which bonds were duly sold at public sale held on December 2,
1964, to John Nuveen & Company, and associates, of Chicago, Illinois, at an
interest cost for all issues at such combined sale of 3.4229%;
AND WHEREAS, the City Council has been fully informed and
cognizant of said proceedings as they progressed, and desires that said
drain be constructed at the earliest possible moment in the interests of
the public health of the City and its residents,
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The computation of cost of said Livonia Drain No. 11,
in the amount of $558,000.00, as prepared and certified by the consulting
engineers, is approved and confirmed.
2. The assessments of the City of Livonia, based upon the
cost duly apportioned to the City of 94.41%, as specified in SPECIAL
ASSESSMENT ROLL NO. 1 - LIVONIA DRAIN NO. 11, are duly approved and con-
firmed, and the sums due and payable by virtue thereof shall be assessed
on the tax rolls of the City and duly paid when due, all in the manner
and as required by law.
3. The issuance of Livonia Drain No. 11 Drainage District
Bonds in the aggregate amount of $558,000.00, and the aforesaid sale thereof
at public sale to John Nuveen & Company and associates, of Chicago, Illinois,
at a combined sale interest cost of 3.4229%, is approved.
4. In the event the County Treasurer of the County of Wayne,
Michigan, pursuant to the provisions of Section 474 of Act 40, Public Acts
of Michigan, 1956, as amended, is required to advance from County general
funds any installment or installments of said special assessment or interest
thereon in order to pay bonds issued in anticipation thereof as they mature,
said County Treasurer is hereby authorized and directed to deduct the amount
of such advance or advances from any moneys (other than those pledged for
the payment of debts) then or thereafter payable by him to the City of
Livonia.
5, The statutory drainage board be requested to proceed
as rapidly as possible with the delivery of the bonds to finance the cost
of said Livonia Drain No. 11, and that construction be started as quickly
as possible, said drain being immediately necessary for the preservation
and protection of the public health of the City and its residents.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Allen, Dooley, McNamara and Kleinert.
NAYS: None.
*Councilman John T. Daugherty arrived at 8:16 P. M.
By Councilman Dooley, seconded by Councilman McNamara and unanimously
adopted, it was
Page 6932
#3-65 RESOLVED that, having given consideration to the planning and
route location study for the Proposed I-96 Ffreeway prepared by the Planning
and Route Location Division of the Michigan State Highway Department, the
City Council does hereby give notice of disapproval to the Michigan State
Highway Department of the proposed freeway within the corporate limits of
the City of Livonia; and it is further resolved that the City of Livonia
will unequivocally oppose the aforementioned freeway unless or until the
proposed route of Interstate 96 is modified and changed in the following
manner:
(1) Relocation of the north/south segment of I-96 along the
City's westerly limits (Haggerty Road). (NOTE: In addition to
other grounds, as a defense to justify this relocation, you are
hereby advised that the City's master thoroughfare plan has
located the route of I-96 along Haggerty Road. )
(2) Depression of north/south segment of I-96 so as to make same
an "urban-type" freeway as distinguished from the "rural-type"
treatment presently proposed.
(3) Diamond type interchanges should be constructed for the
north/south segment of the road and should be located at Five,
Six, Seven and Eight Mile Roads. Crossovers should be located
along this portion of the road at the 1/2 mile roads.
(4) Modification of the Schoolcraft portion of I-96 in the area
of Inkster Road so as to not disturb the parking area located
on the northwest corner of that intersection;
(5) In connection with the suggestion made above in (4), it is
also recommended that service drives constructed in the vicinity
of Inkster Road be placed somewhat over the depressed portion of
the highway, and thereby help reduce the effect on the shopping
center parking area.
(6) On all bridges and crossovers, pedestrian walks should be
included. The bridges should be of the U-turn type (particularly
recommended U-turn bridges at Inkster Road and Middlebelt Road),
(7) A diamond interchange should be constructed at Wayne Road, in
lieu of the proposed crossover at Yale,
(8) Merriman Road crossover should be at least 60 feet in width;
(9) The bridges located at Middlebelt and Farmington Roads should
be at least seven lanes in width;
(10) The exit ramp and/or approach leading from the Detroit Race
Course directly on to the 1-96 Freeway should be constructed so
as to not have such traffic traverse the service drives in that
area (grade separation).
BE IT FURTHER RESOLVED that this is to formally advise
Michigan State Highway Department that the City of Livonia deems it
Page 6933
absolutely essential to improve the existing route of M-14 (Plymouth Road)
as it traverses through the City of Livonia to a width of seven lanes;
the Council does further request that certified copies of this resolution
be transmitted by the City Clerk to the Michigan State Highway Department
and to the Board of Wayne County Road Commissioners.
By Councilman McNamara, seconded by Councilman Daugherty and unanimously
adopted, it was
#4-65 RESOLVED that, the City Council does hereby request the Board
of Wayne County Road Commissioners to hold in abeyance all proceedings
being conducted with regard to the improvement of Haggerty Road within
the corporate limits of the City of Livonia for the reason that the City
of Livonia has given formal notice to the Michigan State Highway Department
of its disapproval of the proposed location of the 1-96 Freeway and re-
quested that the same be constructed and located along the existing right-
of-way of Haggerty Road; the Board of Wayne County Road Commissioners is
hereby requested to give consideration to the use of those monies to be
used for any proposed improvement of Haggerty Road, in lieu thereof, for
the construction of service drives in connection with a depressed
freeway to be built along Haggerty Road; and the City Clerk is hereby
requested to forward certified copies of this resolution to the Board of
Wayne County Road Commissioners and to the Michigan State Highway Depart-
ment.
The communication Dated December 7, 1964, from Hans Hartman, 28186 School-
craft, Livonia, regarding the location of the expressway (1-96) along Schoolcraft
Road, was received and filed for the information of the Council.
An Ordinance to Establish a Procedure and Standard for the Processing and
Disposition of Requests Received from the Michigan Liquor Control Commission in
Connection with Applications for New "Class C" Licenses in the City of Livonia,
introduced by Councilman McCann on December 16, 1964, was taken from the table and
a roll call vote conducted thereon with the following result:
AYES: McCann, Dooley and McNamara.
NAYS: Daugherty, Allen and Kleinert.
The President declared the Ordinance denied.
An Ordinance Vacating Portions of Street, Alley and Public Ground,
(Petition V-80), introduced on December 30, 1964, by Councilman McNamara, was taken
from the table and a roll call vote conducted thereon with the following result:
AYES: McCann, Daugherty, Allen, Dooley, McNamara and Kleinert.
NAYS: None.
Page 6934
The President declared the foregoing Ordinance duly adopted and would become ef-
fective on publication.
By Councilman Dooley, seconded by Councilman McNamara, it was
#5-65 RESOLVED that, having considered the statement of Miller, Canfield,
Paddock and Stone, dated October 2b, 1964, in connection with the
$1,800,000 Motor Vehicle Highway Fund Bonds (1964 Series), dated Septem-
ber 1, 1964, for $4,960.02 (professional services rendered in the amount
of 44,950.00 disbursements of 410.02), the Council does hereby approve
same and authorizes payment; and the City Clerk and City Treasurer are
requested to do all things necessary and incidental to the full performance
of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Allen, Dooley, McNamara and Kleinert.
NAYS: None.
By Councilman Dooley, seconded by Councilman Daugherty and unanimously
adopted, it was
#6-65 RESOLVED that, the letter dated January 4, 1965, of Miller,
Canfield, Paddock and Stone, addressed to Mr. Victor C. Phillips, Budget
Director, be referred to the Finance Committee with a request that the
Finance Committee meet with representatives of such firm in accordance
with the offer made by the law firm in the last paragraph of their letter.
Councilman McNamara introduced the following Ordinance:
AN ORDINANCE AMENDING ORDINANCE NO. 396, KNOWN AS THE
"WATER RATE ORDINANCE," BY REPEALING SECTION 12 THEREOF.
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.
By Councilman Daugherty, seconded by Councilman Dooley and unanimously
adopted, it was
#7-65 RESOLVED that, having considered the letter dated December 28,
1964, from John E. Hiltz & Associates, Inc., approved by the Chief City
Engineer, Industrial Coordinator, Assistant Director of Public Works and
Director of Public Works, concerning the extension of the sanitary sewer
16.0 trunk service into industrial properties located on the south side of
Amrhein Road between Newburgh and Eckles Roads, the Council does hereby
authorize the firm of John E. Hiltz & Associates, Inc. , Consulting Engineers,
15601 West McNichols Road, Detroit 35, Michigan, to prepare plans and
Page 6935
specifications for the extension of the Amrhein Road trunk sanitary sewer
from the termination point of the location presently authorized in a
westerly direction for a distance of 1875 feet and thereafter to advertise
for bids based upon said plans and specifications, and does hereby rescind
those portions of resolution #769-64, adopted September 30, 1964, which
are inconsistent with this resolution.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#8-65 RESOLVED that, the report dated December 23, 1964, from the
Department of Law, submitted pursuant to resolution #973-64, regarding
necessary steps to create a Charter Commission, is hereby referred to
the study meeting of January 20, 1965.
By Councilman Dooley, seconded by Councilman McNamara and unanimously
adopted, it was
#9-65 RESOLVED that, the Council having adopted resolution #783-64,
at its regular meeting held on September 30, 1964, requiring the Chief
City Engineer to ascertain the assessed valuation of all property affected
by the installation of concrete paving on the unpaved portion of a right-
of-way to be acquired for the purpose of opening and extending Yale Avenue
south of Plymouth Road from the north boundary line of Country Homes Sub-
division to Plymouth Road, located in the East 1/2 of the N. E. 1/4 of
Section 32, and the N. W. 1/4 of Section 33, T. 1 S. , R. 9 E. , City of
Livonia, Wayne County, Michigan, 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 and cause to be pre-
pared plans and specifications therefor and an estimate for the cost
thereof, and to file the same with the City Clerk together with his re-
commendation as to what proportion of the cost should be paid by special
assessment and what part, if any, should be a general obligation of the
City, the number of installments in which assessments may be paid and the
lands which should be included in the proposed special assessment district,
and it appearing to the Council that all of such information, estimate,
plans and specifications and recommendations have been properly filed by
the Chief City Engineer with the City Clerk, dated November 20, 1964, 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, February 8, 1965, at 8:00 p. m. , as the date and time for
a public hearing on the necessity for such proposed improvement, which public
hearing shall be held before the Council in the City Hall, 33001 Five Mile
Road, Livonia, Michigan, pursuant to Section 3.04 of said Ordinance No. 401,
as amended, 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.
lowsThe annual report for 1964, of the Livonia Commission on Children and Youth,
and Youth Employment Service, was received and filed for the information of the Council.
Page 6936
By Councilman Daugherty, seconded by Councilman McNamara, it was
#10-65 RESOLVED that, having considered a communication dated December 29,
1964, from the Chief City Engineer, approved by the Director of Public Works,
Industrial Coordinator and Water and Sewer Commissioner, regarding the ac-
quisition of right-of-way required for the sanitary sewer and the Livonia
Drain No. 2 extension (Livonia Drain No. 19), south of Schoolcraft Road at
Henry Ruff (condemnation previously considered in resolution #984-64), the
Council does hereby confirm and authorize the purchase of a permanent ease-
ment 40 feet wide, being the easterly 20 feet of Bureau of Taxation Parcel
26E12a, and the westerly 20 feet of Bureau of Taxation Parcel 26C4a, for a
distance of approximately 558 feet south of Schoolcraft Road, for the sum
of $5,000.00, for the reasons indicated in said communication, said easement
to be acquired in form to be approved by the Department of Law, and the
City Clerk and City Treasurer are hereby authorized to do all things neces-
sary or pertinent to the full performance of this resolution; the cost of
this property shall be advanced from the General Fund of the City of
Livonia, repayment to be made to the General Fund when bonds are issued
for the complete project; and resolution #984-64, is hereby rescinded to
the extent that it conflicts with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Allen, Dooley, McNamara and Kleinert.
NAYS: None.
By Councilman Dooley, seconded by Councilman Daugherty and unanimously
adopted, it was
#11-65 RESOLVED that, having considered the letter dated January 5, 1965,
from the City Treasurer, the Council does hereby determine that the period
within which taxes due December 1, 1964, may be paid without penalty is
hereby extended until 5:00 P. M., Saturday, February 27, 1965.
On motion of Councilman McCann, seconded by Councilman Dooley and
unanimously adopted, this 476th regular meeting of the Council of the City of
Livonia was duly adjourned at 9:05 P. M., January 6, 1965.
Addison W. Bacon,' CS.ty 'Clerk