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HomeMy WebLinkAboutCOUNCIL MINUTES 1962-10-24 Page 5710 MINUTES OF THE THREE HUNDRED EIGHTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 2L., 1962, 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 8:25 P. M. Councilman Parks 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 Janes R. McCann. Absent-- None. Elected and appointed City Officials also present: Juanita Hillas, Deputy City Clerk; the first Assistant City Attorney; the Budget Director; the City Attorney; the Assistant Director of Public works; the Chief City Engineer; and the Director of Public Safety. By Councilman Parks, seconded by Councilman McCann and unanimously adopted, it was #808-62 RESOLVED that, the minutes of the 382nd regular meeting of the Council of the City of Livonia held on October 17, 1962, and the adjourned 382nd regular meeting held on October 18, 1962, are hereby approved. The report dated October 8, 1962, from the Department of Law regarding the disposition and status of certain law suits, was received and placed on file. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #809-62 RESOLVED that, the Department of Law advise this Council on or before its study session on November 7, 1962, of the following: 1. What suits are pending against the City of Livonia and/or its officials; 2. The nature of the complaint of each suit; 3. A reasonable program for keeping this Council advised of the following: a. Suits filed against the City and/or its officials; b. The nature of the complaint; c. A method of keeping the Council advised periodically of the progress of these suits. Page 5711 The letter dated October 8, 1962, from the Mayor, submitted pursuant to resolution #606-62, regarding the possibility of extending D. S. R. service in the City of Livonia, was received and placed on file. The letter dated October 9, 1962, from the Mayor, submitted pursuant to resolution #539-62, submitting income tax information furnished by the Citizens Research Council of Michigan, was received and placed on file. By Councilman Parks, seconded by Councilman Kleinert, it was #810-62 RESOLVED that, having considered the request from the Wayne County Drain Commissioner for direction regarding the completion of certain improve- ments to the Bakewell Drain (those two sections of the said Drain which traverse Newburgh Road), and the financing of same, and having considered also the report of the Water and Sewer Committee in regard thereto, the Council does hereby indicate its willingness to participate in the cost of financing the above improvements to the Bakewell Drain, but subject to the following express conditions: 1. That the proprietors of the Castle Gardens Subdivision first deposit with the Wayne County Drain Commissioner, prior to the execution of the contracts, a cash sum equal to 50% of the final accepted bid price; 2. That the proprietors of the Castle Gardens Subdivision agree, in writing, with the Wayne County Drain Commissioner to assume 50% of the cost of such improvement up to $25,000.00, and the entire cost of the project to the extent that it exceeds $25,000.00; 3. That the proprietors agree, in writing, with the Wayne County Drain Commissioner that allor any part of this deposit first required above may be used and applied toward its share of the cost of said improvement; !.. That the Wayne County Drain Commissioner agrees that sums ex- pended for such improvement shall be first taken from the funds obtained from the proprietors as above required; 5. That any surplus funds presently remaining from the sale of drain bonds for improvements to the Bakewell Drain shall be applied to defray the obligations assumed herein by the City of Livonia; in the event that the above conditions are satisfied, the Council does hereby agree that the City will assume 50% of the final cost of such im- provement but not to exceed, in any case, $12,500.00; and that the City Clerk is hereby requested to forward a copy of this resolution to the office of the Wayne County Drain Commissioner; and any action taken by the Wayne County Drain Commissioner toward completing the aforesaid im- provements to the Bakewell Drain shall be considered as his agreement with the terms and conditions contained herein. Page 5712 A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Parks, Kleinert, Dooley, McCann and Bagnall. NAYS: McNamara. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Parks and unanimously adopted, it was #811-62 RESOLVED that, having considered the communication dated October 10, 1962, from the Department of Law, and the proposed ordinance which would designate names for City park sites, the Council does hereby defer any action on said ordinance and requests that the Parks and Re- creation Commission recommend names for the recently acquired park sites adjacent to the Harrison and Adams Elementary schools. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #812-62 RESOLVED that, the letter dated October 8, 1962, from W. Gordon Park, regarding the cleaning out of an open drain extending across his property, and the letter dated October 5, 1962, from the Wayne County Drain Commissioner, reporting a flooding condition at the property of Mrs. Donald Barton, 31250 Plymouth Roads are each respectively referred to the Mayor's office for disposition. By Councilman McCann, seconded by Councilman Daugherty and unanimously adopted, it was #813-62 RESOLVED that, having considered the letter dated October 4, 1962, from E. C. Schubdner (Elliott Sales Builders), offering to sell certain property to the City for park and recreation purposes, the Council does hereby refer the same to the Mayor for his report and recommendation, with the request that he indicate his comments with respect to the possible financing of this acquisition, if there is any possible method; and to indicate also the Mayor's comments regarding a policy for the acquisition of park sites in all subdivisions which have already been developed. The petition of William W. Brokenshire, 31370 Puritan, to split property in Section 14 of the City of Livonia, was removed from the agenda to the meeting of November 14, 1962. By Councilman McNamara, seconded by Councilman Parks, it was #814-62 RESOLVED that, having considered the recommendation dated October 19, 1962, from the Civil Service Commission, regarding the establishment of a new beginning rate for the classification of Personnel Page 5713 Director, the Council does hereby concur in the recommendation that the beginning rate for the classification of Personnel Director be established at $7,500.00 per annum, with effect November 1, 1962. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Parks, Kleinert, Dooley, McNamara, McCann and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman Parks and unanimously adopted, it was #815-62 RESOLVED that, having considered the letter dated October 10, 1962, from the Acting Superintendent of Operations Division, regarding the reallocation of funds in the Capital Equipment Account, the Council does hereby submit the same to its Committee of the Whole for consideration along with its review of the proposed Budget for the next fiscal year. The letter dated October 4, 1962, from the Board of Wayne County Road Commissioners, regarding the recently enacted Public Works Acceleration Ant, was received and placed on file for the information of the Council. By Councilman Parks, seconded by Councilman Daugherty and unanimously adopted, it was #816-62 RESOLVED that, having considered the letter dated October 5, 1962, from the Board of County Road Commissioners, regarding applications to the Community Facilities Administration for accelerated public works loans, the Council does hereby refer the same to the Chief City Engineer for his report, recommendation and action. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #817-62 RESOLVED that, the letter dated October 9, 1962, from the Assistant Committee Clerk of the Wayne County Board of Supervisors, regarding the encouragement of State Legislation to implement aid to Dependent Children arra Unemployed Program within Michigan, is hereby referred to the Mayor for his report and recommendation. Councilman Daugherty introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 17 OF THE ZONING MAP OF 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 3.337. Page 5714 THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission, dated July 27, 1962, on Petition Z-564 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 ons aid 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 3.337. Petition No. Z-564, submitted by the City Planning Commission, is hereby granted and the zoning classification of the premises hereinafter described is hereby changed from RM to RLA as requested in said petition: A parcel of land situated in the Northwest 1/4 of Section 17, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as follows: The North 1/2 of the Northwest 1/4 of Section 17, T. 1 S., R. 9 E., except the North 60 feet thereof and except the South 300 feet of the North 360 feet of the West 360 feet thereof; and the Northwest 1/4 of section 17 of the toning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 94 of the Zoning Map of the City of Livonia," showing all 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 portioh 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. Councilman McNamara introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO.60, AS *ENDED, OF THE CITY OF LIVONIA, BY ADDING THERETO SECTION 3.338. THE CITY OF LIVONIA ORDAINS: Page 5715 Section 1. The report and recommendation of the City Planning Commission, dated August 2, 1962, on Petition Z-565 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 3.338. Petition No. Z-565, submitted by Irving Stoliman, is hereby granted and the zoning classification of the premises hereinafter described is hereby changed from RUFB to C-2, as requested in said Petition: Parcel OlD - That part of the Northeast 1/4 of Section 1 d escribed as beginning at a point on the South line of Base Line Road, distant west 1671.48 feet and South 60.0 feet from the Northeast corner of Section 1, and proceeding thence South 163.0 feet; thence West 115.90 feet; thence North 163.0 feet to the South line of Base Line Road; thence East along said South line, 115.90 feet to the point of beginning; 0.113 Acre; Parcel 01E,G2 - That part of the Northeast 1/4 of Section 1 described as beginning at a point on the South line of Base Line Road distant West 1787.38 feet and South 60.0 feet from the Northeast corner of Section 1 and proceeding thence South 163.0 feet; thence West 40.0 feet; thence North 163.0 feet to the South Line of Base Line Road; thence East along said South Line, 40.0 feet to the Point of Begin- ning; 0.15 Acre; Parcel 01F1 - That part of the Northeast 1/4 of Section 1 described as beginning at a point on the North line of said Section distant East 717.0 feet from the North 1/4 corner of Section 1 and proceeding thence East along said North line 130.0 feet; thence South 1 degree 30 minutes West 223.0 feet; thence West 130.0 feet; thence North 1 degree 30 minutes East 223.0 feet to the point of beginning except the interest of the people in the north 60 feet (Eight Mile Road) thereof; Parcel 01G1 - That part of the Northeast 1/4 of Section 1 described as beginning at a point on the South line of Base Line Road distant East 353.80 feet and South 60.0 feet from the North 1/4 corner of Section 1, and proceeding thence East along said line 167.0 feet; thence South 125.0 feet; thence East 60.0 feet; thence North 125.0 feet to the South line of Base Line Road; thence East along said South line 136.20 feet; thence South 163.0 feet; thence East 285.90 feet; thence South 306.0 feet; thence West 666.10 feet to the center line of Angling Road; thence northerly along said center line 468.20 feet to the point of beginning, except the interest of the people in West 33 feet of the West 167.0 feet (Angling Road) thereof; Parcel 01H - That part of the Northeast 1/4 of Section 1, described as beginning at a point on the South line of Base Line Road, distant South 89 degrees 50 minutes West, 2093.60 feet and South 0 degrees 17 minutes East 60.0 feet from the Northeast corner of Section 1 and Page 5716 proceeding thence South 0 degrees 17 minutes East 125.0 feet; thence South 89 degrees 50 minutes West 60.0 feet; thence North 0 degrees 17 minutes West 125.0 feet to the South line of Base Line Road, thence North 89 degrees 50 minutes East along said South line 60.0 feet to the point of beginning; 0.17 Acre; and the Northeast 1/4 of Section 1 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 95 of the Zoning Map of the City of Livonia," showing all of the amendments and changes made in the fore- going 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 and unanimously adopted, it was #818-62 RESOLVED that, having considered the communication dated October 16, 1962, from Mr. Jack P. Carters Secretary of the Pilgrim Congregational Church, regarding the replacement of a certain street light, the Council does hereby refer the same to the Chief City Engineer for his report and recommendation which is to indicate the location of the street light and any expenses that might be incurred by the City in connection with the request. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #819-62 RESOLVED that, the policy to be established regarding notices to property owners in zoning matters, is hereby tabled. At 9:02 P. M., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Kleinert, seconded by Councilman Daugherty, it was #820-62 RESOLVED that, having considered the letter dated October 24$ Page 5717 1962, from the Department of Law, the City Council does hereby approve of the proposed contracts (2) attached thereto and identified by date of 10-19-62, to be entered into with the Board of Wayne County Road Com- missioners and John E. Hiltz Associates, Inc., for the construction of the proposed Plymouth Road and Schoolcraft Road Sanitary Sewer Extensions; the Mayor and City Clerk are hereby authorized to execute such contracts on behalf of the City and to do all other things necessary or incidental to the full performance of this resolution; all other previous Council resolutions are hereby rescinded to the extent that they are inconsistent herewith. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Parks, Kleinert, Dooley, McNamara, McCann and Bagnall. NAYS: None. By Councilman McCann, seconded by Councilman McNamara, it was #821-62 RESOLVED that, having considered the report and recommendation dated August 15, 1962, from the Legislative Committee, the Council does hereby authorize payment of a car allowance of $25.00 per month to an Assistant Director of Public Safety, to be appointed by the Mayor, and for this purpose a sufficient sum is hereby transferred from the Un- allocated Account to the Car Allowance Account. The President relinquished the chair to the Vice President at 9:35 P. M., to speak on the motion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Parks, Dooley, McCann and McNamara. NAYS: Kleinert and Bagnall. The Vice President declared the resolution adopted. The President resumed the chair at 9:42 P. M. On motion of Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, this 383rd regular meeting of the Council of the City of Livonia was duly adjourned at 9:44 P. M., October 2)4, 1962. !Mari W. Clark, City Clerk