Loading...
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