HomeMy WebLinkAboutCOUNCIL MINUTES 1963-11-20 Page 6330
MINUTES OF THE FOUR HUNDRED THIRTY-FIRST REGULAR MEETING
OF THE COUNCIL OF THE CITY CF LIVONIA
On November 20, 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 8:11 P. M. Councilman Dooley 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 and Edward H. McNamara.
Absent-- *James R. McCann.
Elected and appointed officials present: Marie W. Clark, City Clerk;
Juanita Wales, Deputy City Clerk; Alan Walt, City Attorney; Harry C. Tatigian, Assistant
City Attorney; Victor C. Phillips, Budget Director; Thomas J. Griffiths, Jr. Chief
Accountant; Addison W. Bacon, Director of Public Safety; Robert A. Shaw, Director" of
Public Works; David L. Jones, Water and Sewer Commissioner; Milton Holley, City Assessor;
David R. McCullough, City Planner; and William J. Strasser, Chief City Engineer.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#896-63 RESOLVED that, the minutes of the 1130th regular meeting of the
Council of the City of Livonia held November 13, 1963, and the 81st special
meeting held November 18, 1963, are hereby approved.
Marie W. Clark, City Clerk, informed the Council of a veto message from the
Mayor, dated November 20, 1963, on resolution #892-63, adopted by the Council at the
special meeting held November 18, 1963.
By Councilman Kleinert, seconded by Councilman Parks, it was
#897-63 RESOLVED that, resolution #892-63, adopted by the Council on
November 18, 1963, and vetoed by the Mayor, be and hereby is readopted
just as if it were word for word repeated herein.
*Councilman James R. McCann arrived at 8:19 P. M.
L A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
The President declared the resolution adopted and the Mayor's veto over-ruled.
Page 6331
An Ordinance Regulating the Erection, Construction, Height and Location of
all Fences in the City of Livonia, introduced on November 13, 1963, by Councilman
Bagnall, was taken from the table and a roll call vote conducted thereon with the
following result:
AYES: McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall.
NAYS: Dooley.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
The report dated November 13, 1963, from the Department of Law regarding a
dangerous structure located at 9019 Beatrice Avenue, submitted pursuant to resolution
#701-63, was received and placed on file for the information of the Council.
By Councilman McNamara, seconded by Councilman Kleinert, it was
#898-63 RESOLVED that, having considered the report and recommendation
dated October 29, 1963, from the Chief City Engineer, approved by the Director
of Public Works, and it appearing that the contractor's declaration, con-
tractor's affidavit and waivers of lien have been received and filed in the
office of the City Clerk, and that all work has been completed in accordance
with City standards, the Council does hereby authorize final payment in the
sum of $2,182.50 to Northwest Contractors, Inc., 127111 Farmington Road,
Livonia, Michigan, for the installation of a certain sanitary sewer extension
in and along a portion of seven Mile Road, west of Middlebelt Road, pursuant
to a contract dated August 3, 1962; and the City Clerk is hereby requested
to send a certified copy of this resolution to the Board of Wayne County Road
Commissioners for its approval and payment from the surplus construction
funds remaining from the November 1, 1955, sanitary sewer bond issue.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Dooley, McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
The letter dated November 20, 1963, from the Chief City Engineer regarding
Schoolcraft-Stark Road Sanitary Sewer to Frost Junior High School, was received and
placed on file for the information of the Council.
Councilman McNamara introduced the following Ordinances
AN ORDINANCE AMENDING SECTION 20 OF THE ZONING MAP
CF THE CITY OF LIVONIA AND AMENDING ARTICLE 3.00 OF
THE ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED,
OF THE CITY OF LIVONIA, BY ADDING THERETO SECTION 3.368.
Page 6332
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission,
dated September 27, 1963, on Petition No. Z-Li27a0 having been considered by the Council,
the Council hereby adopts said petition to amend the Zoning Ordinance and the Zoning Map
of the City of Livonia, and all proceedings heretofore conducted on said petition are
hereby approved.
Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No.60,as amended,
of the City of Livonia is hereby amended by adding thereto the following section:
Section 3.368. Petition No. Z-I27a, submitted by Stanley L. Satovsky
is hereby granted and the zoning classification of the premises hereinafter
described is hereby changed from R-M to R-1-A as requested in said petition:
Eight acres more or less of the South 10 acres of the West half of
the Northeast quarter of Section 20, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, described as beginning at a point on the North
and South quarter line of said Section 20, distant North 0° 13' 2i"
West 1455 feet from the center corner of said Section; running thence
North 0° 13' 24" West along said quarter line 184.4 feet; thence North
89° 1.7' 00" East, 1322.2 feet; thence South 00 16' 00" East, 329.4 feet
to a point on the East and West quarter line of said Section; thence
South 89° 47' 00" West, along said East and West quarter line; 721.67
feet; thence North 0° 13' 24" West, 145 feet; thence South 890 47' 00"
W. 600.83 feet to the point of beginning, except the interest of the
people in the West 33 feet (Levan Road) thereof;
and the Northeast 1/4 of Section 20 of the Zoning Map is hereby amended to
conform to the change made in this section.
Section 3. The attached map designated "Amendment Map No.121 of the Zoning
Map of the City of Livonia," showing all of the amendments and changes made in the
foregoing Section 2 of this ordinance is hereby approved, established and made a part
hereof.
Section 4. 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 5. 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 Parks, seconded by Councilman Kleinert, it was
#899-63 RESOLVED that, pursuant to the report and recommendation dated
November 1I., 1963,from the Chief City Engineer, approved by the Director
of Public Works, the Council does hereby amend Items No. 3 of its resolution
Page 6333
#320-62, adopted April 23, 1962, and subsequently amended by resolutions
#940-62, adopted December 19, 1962, and #570-63, adopted July 22, 1963, so
as to further reduce the bond for remaining improvements in Idyls Hills
Estates Subdivision to $28,000.00, of which at least $9,000.00 shall be in
cash, to cover the cost of remaining improvements in said subdivision; and
the financial assurances now on deposit with the City, if any, shall be
reduced accordingly; and the City Clerk and City Treasurer are hereby
authorized to do all things necessary or incidental to the full performance
of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
The letter dated November 13, 1963, from the Melvindale Schools regarding
an invitation to Melvindale High School Band to represent the North Central States
at the Annual Tournament of Roses Parade in Pasadena, California, on New Years Day,
was received and placed on file for the information of the Council.
By Councilman Dooley, seconded by Councilman McNamara, it was
#900-63 RESOLVED that, having considered the report and recommendation
dated November 6, 1963, from the Superintendent of Operations Division,
approved by the Director of Public Works, the Council does hereby accept
the bid of Roy Smith Company, 5257 Trumbull Avenue, Detroit 8, Michigan,
for supplying the City with one Gasoline Driven D. C. Generator Arc Welder,
Hobart Mod. G-300, for the price of $1,215.00, such having been in fact
the lowest bid for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
By Councilman McNamara, seconded by Councilman Dooley, it was
#901-63 RESOLVED that, having considered the communication dated November 6,
1963, from the Department of Law in regard to Grant of Easement obtained in
connection with the sanitary sewer in Madonna Estates Subdivision, so the
sanitary sewer constructed in connection with the addition to the Madonna
College could tap into same, the Council does hereby accept for and on be-
half of the City of Livonia, grant of easement from the Gil Investment Company
and the Jako Land Company, and the City Clerk is hereby requested to have
such Grants of Easement recorded at the Wayne County Register of Deeds office,
and to do all other things necessary or incidental to the full performance
of this resolution.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Dooley, McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
Page 633!4
By Councilman Daugherty, seconded by Councilman Dooley and unanimously
adopted, it was
#902-63 RESOLVED that, the communication dated November 5, 1963, from
the Board of Supervisors be referred to the Director of Public Safety for
his report as to the extent, if any, of any police services furnished by
the Wayne County Sheriff's office to the City of Livonia.
The report of the Municipal Court for the month of October, 1963, was
received and placed on file for the information of the Council.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#903-63 RESOLVED that, the Department of Law prepare and submit a report
to the Council concerning the present availability of any ordinance or pro-
vision thereof that would make the conviction of reporting a false alarm
to the Fire Department a misdemeanor; that if such report indicates the
City has no such ordinance presently applicable, the Department of Law is
further requested to prepare and submit a proposed draft of same.
The following resolution was offered by Councilman Kleinert and supported
by Councilman McNamara:
#904-63 WHEREAS, the Board of County Road Commissioners of the County
of Wayne, Michigan, a public body corporate, acting for and on behalf of
the County of Wayne, Michigan, hereinafter referred to as the "Board," and
the City of Livonia, a municipal corporation in the County of Wayne, State
of Michigan, hereinafter referred to as the "City," have heretofore entered
into a certain contract dated September 5, 1963, providing for the financ-
ing and construction of certain sanitary sewers in accordance with a master
sanitary sewer program within the corporate limits as a part of the Wayne
County Metropolitan Sewerage and Sewage Disposal System, hereinafter
referred to as the "Contract," as authorized by the provisions of Act 3112,
Public Acts of Mich an, 1939, as amended; and
WHEREAS, it is now deemed necessary and advisable that certain
amendments to said Contract be made, whichamendments are hereinafter set
forth in full;
NOW, THEREFORE, BE IT RESOLVED:
1. That the preamble of said Contract be amended and re-
vised by substituting the following for the language presently set forth
in the seventh paragraph of said preamble covering the description of the
Project, to wit:
WHEREAS, said additional sanitary sewers and improvements are
described as follows, to wit:
Page 6335
DESCRIPTION OF PROPOSED
PLYMOUTH ROAD TRUNK SANITARY SEWER
AND PROPOSED LATERALS
CITY OF LIVONIA,
WAYNE COUNTY, MICHIGAN
(Area No. 1 of the Master Sanitary Sewer Program)
A sanitary sewer along Plymouth Road extending from the
Wayne County Metropolitan Sewerage and Sewage Disposal System's
sanitary interceptor on Inkster Road to a point approximately
2100 feet east of Merriman Road; thence north to a point ap-
proximately 3110 feet north of the center line of Plymouth Road;
thence westerly along a line approximately 31.0 feet north of
and parallel to Plymouth Road to a point approximately 1200
feet east of the center line of Fannington Road; thence south
to Plymouth Road; thence westerly along Plymouth Road to
Stark Road.
A3so an ann from said sewer extending along the east side
of Merriman Road a distance of approximately 2100 feet.
Also a sanitary lateral connecting to said Merriman arm
along the west side of Merriman Road approximately 1710 feet
in length.
Also approximately 1300 feet of sanitary lateral sewer
along the south side of Plymouth Road between Farmington and
Stark Roads.
Also a sanitary lateral along Merriman Road from a point
approximately 1100 feet north of Orangelawn to Plymouth Road.
Also a sanitary lateral on panne Avenue from a point
120 feet north of Dalhay Avenue to Plymouth Road.
APO a sanitary lateral on the south side of Plymouth
Road from Merriman Road to Milburn Avenue.
DESCRIPTION CF PROPOSED
SCHOOLCRAFT TRUNK SANITARY SEWER
AND PROPOSED LATERALS
CITY CF LIVONIA,
WAYNE COUNTY, MICHIGAN
(Area No. 2 of Master Sanitary Sewer Program)
A sanitary sewer along Schoolcraft Road extending from the
terminus of the existing sanitary sewer at Farmington Road to
the W. City limits (Eckles Road) of Livonia.
Also a sanitary lateral on Farmington Road from Schoolcraft
Road south to the C & 0 R. R.
Also a sanitary lateral on Stark Road from Schoolcraft Road
Page 6336
south to the C & 0 R.R., also from Schoolcraft Road north to
Lyndon Ave.
Also a sanitary lateral on Stamford Ave. from Schoolcraft
Road north approximately 1320 feet.
Also a sanitary lateral on Levan Road from Schoolcraft Road
south to the C & 0 R.R., also from Schoolcraft Road north ap-
proximately 1320 feet.
Also a sanitary lateral on Newburgh Road from Schoolcraft
Road south to the C & 0 R.R., also from Schoolcraft Road north
to Lyndon Ave.
Also a sanitary lateral on Richfield Ave. from Schoolcraft
Road north to Newburgh Road.
Also a sanitary lateral on Surrey Ave. from Schoolcraft
Road south to Graytona Ave.
Also a sanitary lateral on Gaytona Ave. from Farmington
Road west to Surrey Ave.
DESCRIPTION OF PROPOSED SANITARY SEWERS
FOR THE PARKVIEW AND PARK WOODS SUBDIVIONS
CITY (F LIVONIA,
WAYNE COUNTY, MICHIGAN
(Area No. 5a of Master Sanitary Sewer Program)
A sanitary sewer extending along Six Mile Road from Inks to r
Road to Deering Avenue.
Also along Deering Avenue from Six Mile Road to Curtis Avenue.
Also along Lathers Drive from Deering Avenue to Curtis Avenue.
Also along Floral Avenue from Lathers Drive to Ourtis Avenue.
Also along both sides of Six Mile Road from Stanmoor Drive
to Harrison Road.
Also along Carol Drive from Six Mile Road to Harrisoh Road.
Also along Rougeway Drive from Inkster Road to Six Mils Road.
Also along Stanmoor Drive from Harrison Road to Six Mile Road.
Also along Whitcomb Drive from Harrison Road to Stanmoor Drive.
Also along Harrison Road from Six Mile Road to a point ap-
proximately 300 feet south of Stanmoor Drive.
Also along the easterly and northerly lines of Outlot "A" of
Park Woods Subdivision extending from Inkster Road to Harrison Road.
Page 6337
Also along the line between lots 71 and 72 of the Park Woods
Subdivision from Stanmoor Drive to the sear line of lots 71 and 72.
DESCRIPTION OF PROPOSED
PLYMOUTH NEWBURGH SANITARY SEWERS
IN
CITY OF LIVONIA
WAYNE COUNTY, MICHIGAN
(Area No. 3 of Master Sanitary Sewer Program)
A sewer along Newburgh Road extending from Wayne County
Metropolitan Sewerage and Sewage Disposal System's interceptor
south of Edward N. Hines Drive to the C & 0 R.R.
Also a sewer along Amrhein Road from Levan Road westerly
to a point care-half mile west of Newburgh Road.
Also a sewer in Plymouth Road from Levan to Eckles Road.
Also a sewer in Levan Road from Plymouth Road to the C & 0 R.R.
Also a sewer in Alois Avenue extending from Plymouth Road to
South Drive.
Also a sewer in Jarvis Avenue extending from Plymouth Road
to South Drive.
A blueprint plan showing in detail said sewer improvements is
an file in the office of the BOARD; and
2. That the preamble of said Contract be further amended
and revised by substituting the following for the language presently set
forth in the eighth and ninth paragraphs of said preamble, to wit:
WHEREAS, the Board has caused preliminary plans and estimate of
cost of said proposed sewer improvements to be prepared by John E. Hiltz &
Associates, Inc., of Detroit Michigan (hereinafter in this Contract called
consulting engineers"), which said estimate of cost is in the sum of Two
Million Five Hundred Ninety-seven Thousand Five Hundred ($2,597,500.00)
Dollars (which said estimate of cost is hereinafter referred to in this
Contract as "ESTIMATED COST"); and
WHEREAS, said sewer improvements constitute and will be additions
to the County System, and it is the determination and judgment of the
BOARD and the CITY that said new sanitary sewer improvements should be
financed, in part, and constructed pursuant to the authorization provided
in Act 312 and Ordinance No. 200 hereinbefore referred to, all of said
new sewer improvements being vitally necessary to preserve and protect
the public health; and
WHEREAS, the BOARD has made application to the Community
Facilities Administration under the provisions of theFederal Public Works
Acceleration Act for a portion of the estimated cost of certain of said
Page 6338
contemplated improvements, the bonds to be issued pursuant to this Contract
and Ordinance adopted under the provisions of Act 3112, Public Acts of
Michigan, 1939, as amended, to provide the funds for the balance of the
estimated cost of said improvements; and
3. That paragraph 2 of said Contract be amended and
revised to read as follows:
2. The PROJECT TO BE FINANCED and the ESTIMATED COST
thereof in the sum of Two Million Five Hundred Ninety-seven Thousand Five
Hundred ($2,597,500.00) Dollars, as set forth in the preamble of this
Contract, includes all surveys, plans, specifications, acquisition of
property for rights-of-way, including consequential and abuttal damages,
if any, and interest on awards, physical construction necessary to acquire
and construct the sewer improvements approved and confirmed in Section 1
of this Contract, the acquisition of all materials necessary to acquire
and construct said sewer improvements and engineering supervision, ad-
ministrative, legal and financing expenses necessary in connection with
the acquisition and construction of said sewer improvements and the
financing thereof.
4. That paragraph 6 of said Contract be amended and
revised to read as follows:
6. It is the present intent and agreement of the parties
to this Contract that the entire cost of the PROJECT TO BE FINANCED will
be provided from (a) funds derived from the sale of the bonds in the
aggregate principal amount of $1,950,000.00 referred to in Section 5(c)
of this Contract, and (b) the balance by a grant under the Federal Public
Works Acceleration Act, and/or other funds available or to become available
therefor. It is further the intent and agreement of the parties to this
Contract that in the event that the Federal funds are not made available,
the bonds referred to will in any event be issued, and the proceeds applied
to the construction of such portion of the entire PROJECT TO BE FINANCED
as such funds will permit completion of, the portion to be so constructed
in that event to be within the sole discretion of the parties hereto.
Immediately upon the issuance of the bonds of the County of Wayne herein-
before referred to, the BOARD shall notify the CITY, by written communica-
tion addressed to its City Treasurer, of the schedule of payments of
principal of and interest thereon. The CITY covenants and agrees that not
less than thirty (30) days prior to the due date of any principal or
interest payments thereon, it will remit to the BOARD sufficient funds to
meet said payments in full. From time to time as the BOARD is billed by
the paying agent or agents for the bonds to be issued for their services
as paying agent, or registering bonds, and as other costs and expenses
accrue to the BOARD from handling of the payments made by the CITY, the
BOARD shall notify the CITY of the amount of such paying agency fees and
other costs and expenses, and the CITY shall, within thirty (30) days from
such notification, remit to the BOARD sufficient funds to meet such paying
agency fees and other costs and expenses.
5. That paragraph 11 of said Contract be amended and
revised to read as follows:
Page 6339
11. It is specifically recognized by the CITY that the
payments required to be made by it pursuant to the terms of Section 6 of
this Contract are to be pledged for and used to pay the principal of and
interest on the bonds to be issued by the County, as provided by this
Contract and authorized by law, and the CITY covenants and agrees that it
will make its required payments to the BOARD promptly and at the times
herein specified, without regard to whether the Project is actually com-
pleted or placed in operation.
6. That paragraph 12 of said Contract be amended and
revised to read as follows:
12. The PROJECT TO BE FINANCED as herein described con-
stitutes a portion of a sanitary sewer improvement program necessary for
the public health, all as set forth in the master sanitary sewer program
prepared and on file with the CITY and the BOARD, and nothing herein con-
tained shall in any way be construed to prevent additional financing
under the provisions of Act 342, Public Acts of Michigan, 1939, as amended,
or any other law, for the purpose of constructing all or any portion of
said additional sewer improvements, or such portion of the improvements
described herein for which total financing may not presently be available
by reason of the other funds specified in Section 6 hereof not becoming
available therefor.
7. That save as amended and revised as hereinbefore set
forth, the provisions of the Contract shall remain in full force and
effect. The Mayor and City Clerk of the CITY are hereby authorized and
directed to sign and execute, for and on behalf of the City, the Contract
containing the amendments and revisions herein authorized.
The City Clerk is directed to cause a complete copy of this
resolution containing the Contract amendments and revisions to be published
once in the Livonian, a newspaper of general circulation in the City and
the County of Wayne, in accordance with the requirements of Act 312, Public
Acts of Michigan, 1939, as amended.
The President relinquished the chair to the Vice President at 9:31 P. M., to speak
an the motion.
A roll call vote was taken on the foregoing resolution with the following results
AXES: Dooley, McCann, Bagnall, Parks, Kleinert and McNamara.
NAYS: *Daugherty.
*Councilman Daugherty made the following statement for the record: "For a Councilman
to be asked to vote on an expenditure of over $600,000.00 with an approximate thirty
minute explanation from members of the administrative branch of the government who
had at least three days prior notice in which to bring this to the attention of the
Council, leaves a Councilman with an inadequate knowledge on which to base a realistic
decision of this large an expenditure of the taxpayers money."
Page 6340
Councilman Parks asked that his statement be recorded: "In my opinion, when we were
attempting to get this federal grant, it was to save taxpayers money. Basically we
are doing the same thing by adding to the same section without saving a nickel in
any way. I cannot see any basic gain to the City by receiving this $647,500.00."
The Vice President declared the resolution adopted.
The President resumed the chair at 9:35 P. M.
By Councilman Dooley, seconded by Councilman McNamara, it was
#905-63 RESOLVED that, having considered the report and recommendation
dated November 20, 1963, from the Department of Law, with regard to the
Plymouth-Schoolcraft Sanitary Sewer Bond Project, and the acquisition of
approximately 110 easements therefor, the Council does hereby authorize
that an advance be made from the General Fund for the payment of the
standard $15.00 fee per parcel for the examination of title, including
encumbrances, to a commercial title company, which amounts will be reim-
bursed from the proceeds of the sanitary sewer bond issue when marketed;
that the taking of bids will not be required since the services being
retained are professional in nature and the cost of same is standard and
regulated.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Dooley, McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
By Councilman Dooley, seconded by Councilman Kleinert and unanimously
adopted, it was
#906-63 RESOLVED that, Petition No. V-78, submitted by Binder and Lark
Building Company for the vacating of an easement in Burton Hollow Estates
Subdivision No. 3, is hereby referred to the City Planning Commission for
action according to law and Ordinance No. 29, as amended.
On motion of Councilman McNamara, seconded by Councilman McCann and
unanimously adopted, this 431st regular meeting of the Council of the City of Livonia
was duly adjourned at 9:38 P. M., Novenber 20, 1963.
-m
-7c4
' e". - rk, ty Clerk