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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