HomeMy WebLinkAboutCOUNCIL MINUTES 1963-10-30 Page 6294
MINUTES OF THE FOUR HUNDRED TWENTY-EIGHTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On October 30, 1963, 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 8:14 P. M. Councilman McCann delivered the invocation. Roll was
called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty,
Rudolf R. Kleinert, John F. Dooley, Edward H. McNamara and James R. McCann.
Absent-- William E. Parks.
Elected and appointed officials present: Marie W. Clark, City Clerk;
Juanita Hillas, Deputy City Clerk; Milton I. Firestone, Assistant City Attorney;
Thomas J. Griffiths, Jr., Chief Accountant; Victor C. Phillips, Budget Director;
Addison W. Bacon, Director of Public Safety; Charles Murley, Racing Commission;
David R. McCullough, City Planner; Leonard Newlon, Traffic Commission; Milton R.
Holley, City Assessor; David L. Jones, Water and Sewer Commissioner; and William
J. Strasser, Chief City Engineer.
*Councilman McCann was excused at 8:16 P. M.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#840-63 RESOLVED that, the minutes of the 427th regular meeting of the
Council of the City of Livonia held October 23, 1963, are hereby approved.
By Councilman Dooley, seconded by Councilman Kleinert and unanimously
adopted, it was
#841-63 RESOLVED that, the City Assessor and the Mayor of the City of
Livonia confer with the Legal Department of the City of Livonia and
present to the Council at the next regular meeting, a resolution embodying
that which the Mayor requests be done in his letter of October 30, 1963.
*Councilman McCann returned at 8:18 P. M.
By Councilman Kleinert, seconded by Councilman Dooley and unanimously
fir..
adopted, it was
Page 6295
#842-63 RESOLVED that, the letter dated October 24, 1963, from the
Mayor concerning a request from the developers of the Livonia Mall,
regarding a sanitary sewer line installed at their expense along Seven
Mile Road, be referred to the Water and Sewer Committee for its report
and recommendation.
The letter dated October 24, 1963, from the Board of County Road Com-
missioners, forwarded to the Council by the City Clerk, concerning Merriman and
Farmington Roads projects, was received and placed on file for the information of
the Council.
By Councilman Daugherty, seconded by Councilman McNamara, it was
#843-63 RESOLVED that, the Department of Law is directed to prepare
and submit to Mr. R. Lightfoot, the owner of the property described as:
The N 26 ft. of that part of the NW 1/4 of the SE 1/4 of Section 1
described as beginning at a point distant S 18° 57' 05" E along
the center line of Angling Road, 663.21 feet and S 88° 40' 23" W
286.63 ft. from the intersection of said center line with the E
and W 1/4 line of Section 1 and proceeding thence N 88° 40' 23" E,
286.63 ft. to the center line of Angling Road; thence S 18° 57' 05"
W along said center line 156.96 ft.; thence S. 88° 40' 23" W,
484.63 feet, the center line of a creek; thence northerly along
said center line to the point of beginning,Bureau of Taxation
Parcel 01AA14 & O1M15;
a firm offer in the amount of $2,300.00, such offer to be valid for a
period not to exceed two weeks from the date of the offer, and that such
offer contain information to the effect that if the offer is not accepted
by Mr. R. Lightfoot, the City does intend to proceed with condemnation
proceedings immediately.
A roll call vote was taken on the foregoing resolution with the following results
AYES: McCann, Daugherty, Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman McNamara, it was
#844-63 RESOLVED that, pursuant to resolutions #185-63 and #336-63, and
pursuant to the report a nd recommendation dated October 18, 1963, from the
Director of Public Works, the Council does hereby authorize the transfer
of the sum of $382.50 from the Unappropriated Surplus to Account No.360-22
Park Site Fencing, ($240.00 cost of materials, $142.50 cost to construct),
for the installation of a fence on the Gracent Eidt property, which in-
stallation and construction shall be made by City personnel.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
Page 6296
By Councilman Dooley, seconded by Councilman Daugherty, it was
#845-63 RESOLVED that, having considered the communication dated
October Li., 1i63, from the Chief City Engineer, approved by the Director
of Public Works, submitted pursuant to resolution #493-63, and before
determining to develop two off-street municipal parking lots on the south
side of Plymouth Road in the N. E. 1/4 of Section 3i 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. 401, as amended.
A roll call vote was taken on the foregoing resolution with the following results
AYES: McCann, Daugherty, Dooley, McNamara and Bagnall.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman McNamara, seconded by Councilman McCann and unanimously
adopted, it was
#816-63 RESOLVED that, having considered the report and rec o mnenda ti on
dated October 18, 1963, from the Department of Law, regarding proposed
agreements between the City and the Auditor (submitted pursuant to resolu-
tion #729-63), the Council does hereby refer the same to the Finance
Committee for its report and recommendation.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#81j7-63 RESOLVED that, having considered the report and recommendation
dated October 21, 1963, from the Chief City Engineer, approved by the
Director of Public works, regarding a drainage problem on the Spanich
Bonding & Welding Corporation site in the N.W. 1/4 of Section 23 (sub-
mitted pursuant to resolution #796-63), the Council does hereby refer the
same to the Water and Sewer Committee for its report and recommendation.
An Ordinance Vacating Portions of Street, Alley and Public Ground, (Petition
No. V-75), introduced by Councilman McNamara on October 23, 1963, was taken from the
table and a roll call vote conducted thereon with the following result:
Page 6297
AYES: McCann, Daugherty, Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
By Councilman Kleinert, seconded by Councilman McCann, it was
#848-63 RESOLVED that, having considered the report and recommendation
dated September 27, 1963, from the City Planning Commission in regard to
Petition No. Z-599a, submitted by L. Bennett Young for change of zoning
in the North half of Section 35 from C-2 to R-3, the Council does hereby
concur with the recommendation of the City Planning Commission and the said
Petition No.Z-599a is hereby denied for the reason that the property has
insufficient depth for apartment development with proper access.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Kleinert, Dooley and McNamara.
NAYS: Bagnall.
The President d eclared the resolution adopted.
By Councilman Dooley, seconded by Councilman Kleinert, it was
#849-63 RESOLVED that, having considered the report and recommendation
dated October 18, 1963, from the Chief City Engineer, approved by the
Director of Public vgorks, the Council does hereby amend Item No. 3 of
resolution #206-62, adopted on March 12, 1962, so as to reduce the bond
for remaining improvements in Newburgh Heights Subdivision No. 2, to
$28,000.00, of which at least $10,000.00 shall be in cash, to cover the
cost of remaining improvements in said subdivision.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
A proposed Fence Ordinance, prepared by the Department of Law, as recom-
mended by the Bureau of Inspection, was removed from the agenda to the regular
meeting of the Council on November 13, 1963.
Councilman McNamara introduced the following Ordinance:
AN ORDINANCE AMENDING ORDINANCE NO. 449, KNOWN AND CITED
AS THE "BUILDING CODE ORDINANCE OF THE CITY OF LIVONIA,"
BY ADDING SECTION 5.12 TO ARTICLE V THEREOF, AND ADDING
SECTION 7.03 TO ARTICLE VII THEREOF.
Page 6298
THE CITY OF LIVONIA ORDAINS:
Section 1. Article V of Ordinance No. 449 of the City of Livonia known and
cited as the °Building Code Ordinance of the City of Lii nia,° is hereby amended by
adding Section 5.12 thereto, which shall read as follows:
Section 5.12. Section 509.0 of the Basic Building Code is hereby
amended to read as follows:
Except as may be otherwise specified for habitable or occupiable
rooms or specifically provided in article 4 for special uses, the glass
window area in basements and cellars, except crawl spaces as provided
in Section 508.3, shall be not less than one-fiftieth (1/50) of the
floor area served, and provisions shall be made for fresh air supply
prescribed for specific uses in section 515.0 and table 9-A.
Provided, however, that where the peculiarities of the building's design
make it impractical to adhere strictly to the above requirements, the
glass window area may be reduced to the extent that exterior wall area
is available, excluding the front wall, and a spacing of at least two (2)
feet between windows can be maintained. In no case shall the glass
window area be less than one-one hundredth (1/100) of the floor area
served.
Section 2. Article VII of Ordinance No. 44.9 of the City of Livonia is hereby
amended by adding Section 7.03 thereto, which shall read as follows:
Section 7.03. Section 907 of the Detroit Plumbing Code is hereby
deleted.
Section 3. 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 4. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of any of the
remaining portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
By Councilman Dooley, seconded by Councilman McCann, it was
#850-63 RESOLVED that, having considered the request dated October 17,
1963, from the City Assessor, the Council does hereby transfer the sum of
$750.00 from Account No. 340 - Provision for Anticipated Personnel, to
Account No. 140-1 (Salaries and Wages-City Assessor's Office), such ap-
propriation and transfer being made for the purpose of providing necessary
additional temporary clerical help in order to compile records for the
1964 assessment rolls.
A roll call vote was taken on the foregoing resolution with the following result:
Page 6299
AYES: McCann, Daugherty, Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
By Councilman Dooley, seconded by Councilman Kleinert, it was
#851-63 RESOLVED that, the City Assessor be respectfully requested to
advise the City Council of the specific depreciation formula and the method
of applying the same that he proposes to make in the real property tax rolls
of the City of Livonia and further, that this information would be ap-
preciated at the next regular Council meeting.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Kleinert, Dooley and McNamara.
NAYS: *Bagnall.
*Councilman Bagnall said that his "No" vote is cast because the duties of the Assessor
and the method of applying any formulas, depreciation or otherwise, are the responsi-
bility of the administration as outlined in the Charter.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman Kleinert, it was
#852-63 RESOLVED that, having considered the letter dated October 17, 1963,
from the Civil Service Co mission and for the reasons stated in such letter,
the Council does hereby transfer the sum of $100.00 from Account No. 3140 -
Provision for Anticipated Personnel to Civil Service Salary Account No.
159-1, for the purpose of permitting Civil Service Commission to employ a
Co-op Trainee for a period of five weeks extending from October 28, 1963,
through November 29, 1963.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman McCann, it was
#853-63 RESOLVED that, having considered the letters dated October 23,
1963, from the Budget Director, and dated October 30, 1963, from the Chief
City Engineer, the Council does hereby advance the sum of 22, 500.00 from
the General Fund to the City of Livonia Construction Account for Federal
Project APW-Mich-11CG, for the purpose of making proper payments to the
contracting firm of A & A Asphalt Paving Company, 1045 Haynes, Birmingham,
Michigan, under the provisions of a contract entered into by the said
firm and the City of Livonia, dated June 27, 1963, for the paving of Levan
Road from Schoolcraft Road to Five Mile Road, City of Livonia; further,
Page 6300
that said monies, which are payable from the Federal government's share of
this work when received by the City, will be returned to the General Fund.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
The letter dated October 22, 1963, from the Mayor regarding sale of bonds
under Chapter 20 of the Michigan Drain Code, Livonia Drain #16, was received and
placed on file for the information of the Council.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
#854-63 RESOLVED that, having considered the report and recommendation
dated October 21, 1963, from the Chief of the Fire Department, approved
by the Director of Public Safety, and the Mayor and Budget Director, the
Council does hereby accept the bid of Bi-Lateral Fire Hose Company, for
the reasons outlined in the aforementioned communication, for supplying
the City with 1,000 feet of 2-1/2" hose and 200 feet of 1-1/2" hose for
the total bid price of $1,940.00.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman McCann, it was
#855-63 RESOLVED that, having considered the report and recommendation
dated September 30, 1963, from the Chief of the Fire Department, approved
by the Director of Public Safety, and the Mayor and Bmdget Director, the
Council does hereby accept the bid of Motorola Communications & Electronics,
Inc., for supplying the City with one Transmitter and Receiver, to be used
specifically in Fire Radio Service, for the bid price of $518.00, such
having been in fact the lowest bid received for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Kleinert, Dooley, McNamara and Bagnall.
NAYS: None.
By Councilman Dooley, seconded by Councilman McCann and unanimously
adopted, it was
#856-63 RESOLVED that, the Mayor of the City of Livonia be and is hereby
requested to advise the City Council. of the assignments being made to the
Page 6301
various members of the Legal Department in the City of Livonia, and most
particularly to advise this Council who if anybody has been, or is going
to be, assigned to serve the needs of the Legislative Body of the City of
Livonia.
On motion of Councilman Daugherty, seconded by Councilman McNamara and
unanimously adopted, this 1428th regular meeting of the Council of the City of
Livonia was duly adjourned at 9:07 P. M., October 30, 1963.
-4101.
M=. e . Clark, City Clerk