HomeMy WebLinkAboutCOUNCIL MINUTES 1963-10-23 Page 6285
MINUTES OF THE FOUR HUNDRED TWENTY-SEVENTH REGULAR. MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On October 23, 1963, the above meeting was held at the City Hall, 33001 Five
Mile Roads Livonia, Michigan, and was called to order by the President of the Council
at approximately 8:11 P. M. Councilman McNamara delivered the invocation. Roll was
called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty,
William E. Parks, Rudolf R. Kleinert, John F. Dooley, Edward H. McNamara and James
R. McCann. Absent-- None.
Elected and appointed officials present: Marie W. Clark, City Clerk;
Juanita Hillas, Deputy City Clerk; Alan Walt, City Attorney; Harry C. Tatigian,
first Assistant City Attorney; Thomas W. Griffiths, Jr., Chief Accountant; Victor C.
Phillips, Budget Director; Daniel R. Andrew, Industrial Coordinator; Robert A. Shaw,
Director of Public Works; David L. Jones, Water and Sewer Commissioner; David R.
McCullough, City Planner; William J. Strasser, Chief City Engineer; Milton R. Holley,
City Assessor; Addison W. Bacon, Director of Public Safety; and Richard L. Sanderson,
Chief Inspector.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#827-63 RESOLVED that, the minutes of the 4.26th regular meeting of the
Council of the City of Livonia, held October 16, 1963, are hereby approved.
By Councilman McNamara, seconded by Councilman McCann, it was
#828-63 RESOLVED that, having considered the recommendations of the
Chief City Engineer in a communication to the Department of Law, dated
October 23, 1963, and forwarded to the Council, the Council does hereby
amend resolution #801-63, adopted on October 16, 1963, by deleting the
figure of $4,562,500.00 therefrom and in lieu of the deleted figure,
inserting therein the sum of $4,182,500.00, for the reasons stated by the
Chief City Engineer, and the City Clerk is hereby requested to transmit
a certified copy of this resolution in oaonjunction with resolution #804-63,
to the Board of County Road Commissioners of Wayne County as County agent;
Miller, Canfield, Paddock and Stone, bonding counsel; Kenower, MacArthur
and Company, financial advisers, to the attention of Mr. J. Pochelon; and
to the firm of John E. Hiltz & Associates, Inc., consulting engineers;
and all prior resolutions are hereby amended to the extent that it is
necessary to give effect to this resolution.
Page 6286
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
Councilman Daugherty introduced the following anergency Ordinances
No. 451
AN ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO.220 CF THE
CITY CF LIVONIA ENTITLED "AN ORDINANCE PROHIBITING DISCHARGE CF
FIREARMS EXCEPT IN CERTAIN AREAS, REGULATING THE USE THEREOF AND
PROVIDING A PENALTY FOR VIOLATION THEREOF."
THE CITY CF LIVONIA ORDAINS:
Section 1. Sections 1 and 5 of Ordinance No. 220 of the City of Livonia
entitled "An Ordinance Prohibiting Discharge of Firearms Except in Certain Areas,
Regulating the Use Thereof and Providing a Penalty for Violation Thereof," are hereby
amended to read as follows:
Section 1. The use or discharge of any and all firearms within
the City of Livonia is hereby prohibited, except that shotguns may be
used or discharged by owners, and their invitees, where said owners
have a parcel of land containing forty (40) acres, or more, subject,
however, to the following conditions:
1. The use or discharge of shotguns shall in no event be
allowed within six hundred (600) feet of any building on
adjoining land; and
2. Owners and/or their invitees shall be required to obtain
a 30-day permit from the Chief of Police before the use or
discharge of shotguns shall be allowed; and
3. Before a 30-day permit shall be issued by the Chief of
Police to invitees, said invitees shall first submit to the
Chief of Police the written consent of such owners to the use
of the property; and
4. In no event shall the use or discharge of any shotgun be
allowed in the City of Livonia on Sunday; and
5, The Chief of Police, in his discretion, may refuse the
issuance of said 30-day permit if he deems it necessary in
the best interest of the public health, safety and welfare.
Section 5. Any person who shall violate or fail to comply with any
of the provisions of this ordinance shall be guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding Five
Hundred Dollars ($500.00) or by imprisonment for not more than ninety (90)
days, or by both such fine and imprisonment in the discretion of the court.
Page 6287
Section 2. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section 3. If any part or parts of this ordinance are for any reason held
to be invalid, such holding shall not affect the validity of the remaining portions
of this ordinance.
Section 4. This ordinance is hereby declared to be an emergency ordinance,
necessary for the protection of the public health, safety and welfare, and shall take
effect immediately on publication.
A roll call vote was conducted on the foregoing Ordinance with the following result:
AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
*Councilman McCann was excused at 8:38 P. M.
The letter dated October 18,E 1963, transmitting copy of a telegram received
from Senator Philip A. Hart, regarding the Senior Citizens Development Program, was
received and filed for the information of the Council.
The letter dated October 22, 1963, from the Director of Public Safety,
confirming his statements made at the October 16th meeting of the Council, was re-
ceived and placed on file.
The report of the Department of Law regarding proposed agreements between
the City of Livonia and Lybrand, Ross Bros. and Montgomery, auditors, was removed from
the agenda to the study meeting of the Council.
Councilman McNamara introduced the following Ordinance:
AN ORDINANCE VACATING PORTIONS CF
STREET, ALLEY AND PUBLIC GROUND
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission,
dated July 31, 1963, on Petition No. V-75, for vacating a certain easement is hereby
accepted and adopted, and the Council does hereby approve all proceedings on said
petition, it appearing that a public hearing thereon was duly held on July 2, 1963,
as provided by law and that the proper notices of such hearing were given.
Page 6288
Section 2. Pursuant to Ordinance No. 29 of the City of Livonia entitled
"An Ordinance Providing the Procedure for Vacating of Streets, Alleys and Public
Ground," as amended by Ordinance No. 50, the following public easement is hereby
vacated:
An easement described in Petition No. V-75 and being more
particularly described as the south ten (10) feet of the
existing twenty (20) foot easement located north of Lots
256, 257 and 258 in the E. G. Settle Realty Company's
Bonaparte Gardens Subdivision, situated in the Southeast
i/4 of Section 35, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan; provided, however, that there be
and hereby is reserved an easement in and to the north
ten (10) feet of the aforesaid 20 foot easement.
Section 3. All ordinances or portions of ordinances in conflict herewith
are hereby repealed only to the extent necessary to give this ordinance full force
and effect.
Section 4. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of the remain-
ing portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
The letter dated October 14, 1963, from Leonard J. Rippler, Chairman,
Republican Party of Livonia, regarding federally financed housing project, was
received and filed for the information of the Council.
The following resolution was unanimously introduced and adopted by the
Council:
#829-63 WHEREAS, the period October 15, through November 7, 1963,has
been dedicated to the United Foundation 1963 Torch Drive; and
WHEREAS, CENTRI-SPRAY CORPORATION, 39001 Schoolcraft Road,
Livonia, has greatly contributed to the manufacture of an outdoor torch
which will be utilized by the City for this and subsequent UF Torch Drives;
NOW, THEREFORE, BE IT RESOLVED that we, the members of the
Council of the City of Livonia, on this 23rd day of October, 1963, do
hereby take this occasion to recognize and commend Centri-Spray Corporation
for their contribution to this 1963 and subsequent Torch Drives, and
for their worthy display of civic attitude and responsibility.
The following resolutich was unanimously introduced and adopted by the
Council:
Page 6289
#830-63 WHEREAS, the period October 15, through November 7, 1963, has
been dedicated to the United Foundation 1963 Torch Drive; and
WHEREAS, FUTURAMA ENGINEERING, INC., 12911 Farmington Road,
Livonia, has contributed to the manufacture of an outdoor torch which
will be utilized by the City for this and subsequent UF Torch Drives;
NOW, THEREFORE, BE IT RESOLVED that, we, the members of the
Council of the City of Livonia, on this 23rd day of October, 1963, do
hereby take this occasion to recognize and commend Futurarma Engineering,
Inc., for their contribution to this 1963 and subsequent Torch Drives,
and for their display of civic responsibility.
*Councilman McCann returned at 8145 P. M.
By Councilman Dooley, seconded by Councilman McCann and unanimously
adopted, it was
#831-63 RESOLVED that, having considered the petition from residents of
Section 2 of the City of Livonia, dated September 24, 1963, and before
determining to install street lights on Melvin Avenue, between Eight Mile
Road and Bretton Street in the Northeast 1/4 of Section 2 in 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 proposed 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 or cause to be prepared, plans and specifications 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 any, should be a
general obligation of the City, the number of installments in which assess-
ments may be paid and the lands which should be included in the proposed
special assessment district, pursuant to the provisions of Sections 3.03
and 4.01 of Ordinance No. 40l,, as amended.
By Councilman McCann, seconded by Councilman Kleinert and unanimously
adopted, it was
#832-63 RESOLVED that, having considered the reports and recommendations
dated October 9, 1963, from the Traffic Commission, concurring with the
Wayne County Road Commission concerning speed limits on Seven Mile Road,
Inkster Road, Merriman Road, and Five Mile Road, the Council does hereby
refer the same to the Department of Law for the preparation of ordinances
amending Ordinance No. 21, for submission to the Council.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
#833-63 RESOLVED that, having considered the report and recommendation
dated October 15, 1963, of the Water and Sewer Board, approved for sub-
mission by the Mayor, concerning the ordinance requirements for the payment
of all rates and charges by educational institutions, the Council does
Page 6290
hereby concur in the recommendations of the Water and Sewer Board and
takes this opportunity to advise the Board of Trustees of the Schoolcraft
College that the City of Livonia is bound by its ordinances and by bonding
requirements and agreements to charge fees for the maintenance of water
and sewer systems of the City and are therefore bound to collect all rates
and charges, and the City Clerk is requested to transmit a copy of this
resolution to said Schoolcraft College, to the attention of Mr. W. Kenneth
Lindner, Business Manager.
A roll call vote was taken on the foregoing resolution with the following result:
AXES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Parks, it was
#831 -63 RESOLVED that, having considered the report and recommendation
dated October 8, 1963, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby accept the bid of Bill
Brown, Inc., 32222 Plymouth Road, Livonia, Michigan, for supplying the City
with one new 1964 Station Wagon for the price of $1,779.10 ($1,983.10 less
trade of two 1957 Ford tudors, $20 ..00 - Net Price $1,779.10), such having
been in fact the lowest and only bid received for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
The report of the Municipal Court for the month of September, 1963, was
received and placed on file for the information of the Council.
By Councilman McNamara, seconded by Councilman McCann and unanimously
adopted, it was
#835-63 RESOLVED that, the Council does hereby acknowledge receipt of the
annual budget of the City of Livonia for the fiscal year commencing Decem-
ber 1, 1963, as prepared by the Mayor and filed by the Mayor with the Council
on October 2, 1963, and the Council does hereby set a public hearing thereon
to be held at 8:00 p. m.,, on Monday, November 18, 1963, at the City Hall,
33001 Five Mile Road, Livonia, Michigan, in accordance with the provisions
of Chapter VII of the City Charter, and the City Clerk shall give notice
of such public hearing in accordance and pursuant to the provisions of the
City Charter.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
Page 6291
#836-63 RESOLVED that, regular meetings of the Council of the City of
Livonia, for the month of November, will be held on Wednesdays, Novem-
ber 6, 13, and 20, 1963, at 8 p. m.
By Councilman Dooley, seconded by Councilman McNamara, it was
#837-63 RESOLVED that, the Chief City Engineer having filed with the City
Clerk a statement dated August 29, 1963, on all matters required by Sections
3.03 and 4.01 of Ordinance No. 401, as amended, and a first public hearing
having been held thereon on October 21, 1963, after due notice as required
by Section 3.04 of said Ordinance, and 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 installation
of a street lighting system on portions of Oakview and Jacqueline
Streets in Belle Mar Subdivision in the Southeast 1/4 of Section 23
in the City of Livonia, Wayne County, Michigan, as described in said
statement; and defray the cost of such improvement by special assess-
ment upon the property especially benefited in proportion to the
benefits derived or to be derived;
3 approve the plans and specifications for the improvement as set
forth in said statement dated August 29, 1963;
4 determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited;
5 determine that the assessment made for such improvement shall be
paid in annual installments, according to said statement;
6 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 S.E. 1/4 of Section
23, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan,
being more particularly described as follows:
The land embraced in the annexed plat of Belle Mar Subdivision
of part of the S.E. 1/4 of Section 23, T. 1 S., R. 9 E., City
of Livonia, Wayne County, Michigan, comprises Lots 1 through 62,
inclusive, and is described as follows:
Beginning at a point on the east line of Section 23, located due
south 142.01 feet from the E. 1/4 corner of said Section 23,
T. 1 S., R. 9 E., and proceeding thence due South 516.50 feet
along the B. line of said Section 23; thence N. 89° 32' 35" W.
1325.49 feet along the North line of Lyndon Meadows Subdivision
(L. 81, P. 96 and 97); thence along the boundary line of said
subdivision and its extension N. 0° 04' 25" E. 329.45 feet'
.
thence N. 0° 29' 21" E. 187.79 feet; thence S 89° 30' 39" B.
1323.47 feet to the point of beginning;
7 direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statement as
Page 6292
prepared by the City Engineer, dated August 29, 1963; and an alternate
assessment roll with equal assessments on each and every parcel within
the special assessment district; and
8 that upon completion of said rolls, 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, pursuant to Ordinance No. 401, as amended.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Parks, it was
#838-63 RESOLVED that, having considered the report and recommendation
dated October 15, 1963, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #606-63, adopted August 7, 1963, so as to reduce the general
improvements bond for remaining improvements (excluding sidewalks) in
Denmar Estates Subdivision to $95,000.00, of which at least $10,000.00
shall be in cash to cover the cost of remaining general improvements in
said subdivision (excluding sidewalks); including sodding of all boulevards
and cul-de-sacs.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Dooley an d unanimously
adopted, it was
#839-63 RESOLVED that, all future recommendations from the Chief City
Engineer for improvement bonds for subdivisions include sodding of
boulevards and cul-de-sacs or similar requirements,as a separate item.
On motion of Councilman Daugherty, seconded by Councilman McCann and
unanimously adopted,this 427th regular meeting of the Council of the City of Livonia
was duly adjourned at 9:11 P. M., October 23, 1963.
Marie . Clark, City Clerk