HomeMy WebLinkAboutCOUNCIL MINUTES 1962-11-07 Page 5722
MINUTES OF THE THREE HUNDRED EIGHTY-FOURTH REGULAR MEETING
OF THE COUNCIL OF THE CITY (F LIVONIA
On November 7, 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 8:11 P. M. Councilman Kleinert delivered the invocation.
Roll vas called with the following result: Present-- Sydney B. Bagnall, William E.
Parks, Rudolf R. Kleinert, John F. Dooley and Edward H. McNamara. Absent-- **John T.
Daugherty and *James R. McCann.
Elected and appointed City Officials also present: Juanita Hillas, Deputy
City Clerk; the first Assistant City Attorney; the Director of Public Works; the
Director of Public Safety; the Director of Civil Defense; the Budget Director; and
the Chief City Engineer.
* Councilman James R. McCann arrived at 8:13 P. M.
By Councilman Dooley, seconded by Councilman McNamara and unanimously
adopted, it was
#825-62 RESOLVED that, the minutes of the 383rd regular meeting of the
Council of the City of Livonia held on October 24, 1962, and the 73rd
Special Meeting held on November 1, 1962, are hereby approved.
By Councilman Dooley, seconded by Councilman Kleinert and unanimously
adopted, it was
#826-62 RESOLVED that, the Director of Public Works be and is hereby
requested to furnish this Council with a report relative to resolution
#762-62, adopted September 26, 1962, in regard to the acquisition of
topsoil, and include in such report:
(1) How many yards of topsoil were acquired;
(2) The cost per yard and total cost; and
(3) What disposition was made of the topsoil purchased.
The report dated October 23, 1962, from the Department of Law, indicating
the status and disposition of certain resolutions, was received and placed on file
for the information of the Council.
Page 5723
The Council departed from the regular order of the agenda to take care of
an item on which persons were waiting.
The following preamble and resolution were offered by Councilman Kleinert
and supported by Councilman Parks:
#827-62 SAS, by resolution duly adopted on March 13, 1961, this
Council did authorize the filing of a petition signed by the Mayor and
City Clark of the City with the Drain Commissioner of the County of Wayne,
for locating, establishing and constructing of a County drain to be located
in the City of Livonia, the route thereof being described in said resolution,
and did authorize the Drain Commissioner to proceed with the construction
and financing thereof under the provisions of Chapter 20 of Act 40, Public
Acts of Michigan, 1956, as amended;
AND WHEREAS, proceedings have been taken by the statutory drain-
age board in accordance with the provisions of said law for the locating,
establishing, construction and financing of said drain, referred to in
said statutory proceedings as "Livonia Drain No. 10";
AND WHEREAS, said proceedings have progressed to the point where
the computation of cost of said drain has been determined to be $75,000,00,
and an assessment roll has been prepared and confirmed assessing said
estimated cost to the public corporations benefited in accordance with
apportionments duly confirmed, as follows:
City of Livonia
(for benefits to public health) 91.93%
County of Wayne
(drainage of County highways) 8.07 %
AND WHEREAS, said confirmed assessments are payable in seven
annual installments, the first of which is due April 1, 1963, and the
balance on April 1st of each year thereafter, with interest at 6% on unpaid
installments from and after July 1, 1962, subject to a djus bnent as provided
in the resolution of the Drainage Board confirming said special assessment
roll, which special assessment roll is designated SPECIAL ASSESSMENT ROLL
NO. 1 - LIVONIA DRAIN NO. 10, the annual installments assessed against the
City of Livonia (exclusive of interest) and the due dates being specified
as follows:
Due Date Assessment Installment
April 1, 1963 $ 9,193.00
April 1, 1964 9,193.00
April 1, 1965 9,193.00
April 1, 1966 9,193.00
April 1, 1967 9,193.00
April 1, 1968 9,193.00
April 1, 1969 13,789.50
Page 5724
AND WEREAS, bonds in anticipation of the assessment installments
have been authorized by the Drainage Boards designated "Livonia Drain No. 10
Drainage District Bonds," and being in the aggregate principal amount of
$75,000.00, which bonds were duly sold at public sale held on October 10,
1962, to Braun, Bosworth & Co., of Detroit, Michigan, for an interest cost
of 2.64333%;
AND W EBEAS, the City Council has been fully informed and
cognizant of said proceedings as they progressed, and desires that said
drain be constructed at the earliest possible moment in the interests of
the public health of the City and its residents;
NOW, THEREF(RE, BE IT RESOLVED THAT:
1. The computation of cost of said Livcnia Drain No. 10 in the
amount of $75,000.00, as prepared and certified by Hubbell, Roth & Clark,
Inc., consulting engineers, is approved and confirmed.
2. The assessments to the City of Livonia, based upon the cost
duly apportioned to the City of 91.93%, as specified in SPECIAL ASSESSMENT
ROLL NO. 1 - LIVONIA DRAIN NO. 10, are duly approved and confirmed, and the
sums due and payable by virtue thereof shall be assessed on the tax rolls
of the City and duly paid when due, all in the manner and as required by
law.
3. The issuance of Livonia Drain No. 10 Drainage District Bonds
in the aggregate amount of $75,000.00, and the sale thereof at public sale
to Braun, Bosworth & Co., of Detroit, Michigan, at an interest cost of
2.64333%, is approved.
4. In the event the County Treasurer of the Counter of Wayne,
Michigan, pursuant to the provisions of Section 474 of Act 40, Public Acts
of Michigan, 1956, as amended, is required to advance from County general
funds any installment or instalments of said special assessments or
interest thereon in order to pay bonds issued in anticipation thereof as
they mature, said County Treasurer is hereby authorized and directed to
deduct the amount of such advance or advances from any moneys (other than
those pledged for the payment of debts), then or thereafter payable by
him to the City of Livonia.
5. The statutory drainage board be requested to proceed as
rapidly as passible with the delivery of the bonds to finance the cost of
said Livonia Drain No. 10, and that construction be started as quickly as
possible, said drain being immediately necessary for the preservation and
protection of the public health of the City and its residents.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara, McCann and Bagnall.
NAYS: None.
An Ordinance Amending Section 17 of the Zoning Map of the City of Livonia
and Amending Article 3.00 of the Zoning Ordinances Ordinance No. 60, as amended, of
Page 5725
the City of Livonia, by Adding Thereto Section 3.337, introduced on October 21i., 1962,
by Councilman Daugherty, was taken from the table and a roll call vote conducted
L
thereon with the following result:
AYES: Parks, Kleinert, Dooley, McNamara, McCann and Bagnall.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
In 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 amended, of
the City of Livonia, by Adding Thereto Section 3.338, introduced on October 24, 1962,
by Councilman McNamara, was taken from the table and a roll call vote conducted
thereon with the following result:
AYES: Parks, Kleinert, Dooley, McNamara, McCann and Bagnall.
NAYS: None.
Councilmen Bagnall and McCann asked that the record show that their vote is predicated
on a verbal report from the Mayor that Eight Mile Road, at this location, will be
widened and is alreacby scheduled.
Councilman Dooley stated that it is his understanding, as a member of the Wayne County
Board of Supervisors, that the money has been budgeted to acquire the right of way for
widening of Eight Mile Road, and it is only a presumption that probably next year
they will actually widen it.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
Councilman John T. Daugherty arrived at 8:34 P. M.
By Councilman Kleinert, seconded by Councilman Parks and unanimously
adopted, it was
#628-62 RESOLVED that, the Council having adopted resolution #232-62, at
its regular meeting held on March 26, 1962, requiring the City Engineer to
Page 5726
ascertain the assessed valuation of all property affected by the proposed
improvement of paving Cavell Street between Plymouth Road and West Chicago
Road in the Northeast 1/4 of Section 36 of the City of Livonia, the number
of parcels which show tax delinquencies, the number of parcels owned by
public authorities, the number of parcels which are vacant, and to prepare
or cause to be prepared, plans and specifications therefor and an estimate
for 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 assessments maybe paid
and the land which should be included in the proposed special assessment
district; and it appearing to the Council that all of such information,
estimate, plans and specifications and recommendations have been properly
filed by the City Engineer with the City Clerk under date of November 2,
1962, and that there has been a full compliance with all of the provisions
of Section 3.03 of Ordinance No. 401, entitled "An Ordinance to Provide
for the Making of Public Improvements, Defraying the Expense Thereof by
Special Assessment and a Special Assessment Procedure," the Council does
hereby set Monday, December 10, 1962, at 8:30 P. M., as the date and time
for a public hearing on the necessity for such proposed improvement, which
public hearing shall be held before the Council in the City Hall, 33001
Five Mile Road, Livonia, Michigan, pursuant to Sections 3.04 and 3.05 of
said Ordinance No. 101, and the City Clerk is hereby authorized to give
notice and publication of such hearing as is required by Section 3.014 of
said ordinance.
The letter dated October 19, 1962, from the Michigan State Highway Depart-
ment, received in response to resolution #761-62, and regarding certain improvements
on Plymouth Road, was received and placed on file for the information of the Council.
By Councilman Dooley, seconded by Councilman McNamara and unanimously
adopted, it was
#829-62 RESOLVED that, the City Engineer be and is hereby requested to
reply to the letter dated October 19, 1962, from the Michigan State High-
way Department, requesting the Highway Department to advise the City of the
results of the investigation of the matter set forth in resolution #761-62,
adopted on September 26, 1962.
By Councilman Parks, seconded by Councilman Kleinert, it was
#830-62 RESOLVED that, having received the request dated October 26, 1962,
from Mr.Richard T. Gieryn, agent for the proprietors of the Castle Gardens
Subdivisions situated in Section 19, which subdivisions were approved by
resolution #709-58 of the City Council and which resolution of approval
was reaffirmed by resolution #584-61, the Council does hereby reaffirm the
said resolution #709-58 and extend the time for installing improvements in
the said Castle Gardens Subdivisions for a period of two years from the
date of this resolution; provided, however, that this action shall not be
construed in any manner so as to relieve the proprietors from performing
all of the conditions and requirements set out in the aforementioned
resolution.
Page 5727
A roll call vote was taken on the foregoing resolution with the following results
AYES: Parks, Kleinert, Daugherty, Dooley, McNamara, McCann and Bagnall.
NAYS: None.
The report dated October 24, 1962, from the Director of Public Safety,
submitted pursuant to resolution #228-62, regarding the domicile of the Checker Cab
Company of Livonia, was received and placed on file for the information of the
Council.
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
#831-62 RESOLVED that, having considered the petition dated October 23,
1962, from 135 residents of Section 35 of the City, requesting the removal
of a portion of Henry Ruff Road from the Master Thoroughfare Plan, the
Council does hereby refer such petition to the City Planning Commission
for its action and a report thereon to the City Council.
By Counci]man McNamara, seconded by Councilman Parks and unanimously
adopted, it was
#832-62 RESOLVED that, having considered the letter dated October 26,
1962, from Mr. A. Bolos, requesting the installation of street lights,
one at the corner of Five Mile Road and Harrison and one on Harrison at
the alley, the Council does hereby refer the same to the Director of
Public Safety for his report and recommendation for possible inclusion
in the Master Lighting Plan, such report to be returned to the Council
within thirty days.
By Councilmen Parks, seconded by Councilman Kleinert, it was
#833-62 RESOLVED that, having considered the report and recommendation
dated October 22, 1962, from the Chief City Engineer, approved by the
Director of Public works, and it appearing that the Contractor's Declaration,
Contractor'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 ac-
cordance with City standards, the Council does hereby authorize final pay-
ment of the sum of $5,942.77 jointly to Motor City Excavating Company and
Iacobelli Construction Company, Inc., 27319 LaRosa, Warren, Michigan, for
the installation of sanitary sewers in Merriman Estates Subdivision, pur-
suant to a contract with the City, dated April 25, 1962; and the City Clerk
is hereby requested to send a certified copy of this resolution to the
Board of County Road Commissioners of Wayne County for its approval and
for payment from surplus construction funds remaining from the 1956 sani-
tary sewer bond issue.
Page 5728
A roll call vote was taken on the fore going resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara and Bagnall.
NAYS: Daigherty and McCann.
The President declared the resolution adopted.
On motion of Councilman McCann, seconded by Councilman Parks and unanimously
adopted, this 3814th regular meeting of the Council of the City of Livonia was duly
adjourned at 9:09 P. M., November 7, 1962.
M-;yir
eW. Clark, City Clerk