HomeMy WebLinkAboutCOUNCIL MINUTES 1962-04-23 Page 5397
MINUTES OF THE THREE HUNDRED SIXTY-THIRD REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On April 23, 1962, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President of the Council at
approximately 8:44 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.
Also present: Alan Walt, City Attorney; Charles Pinto, Assistant City
Attorney; Robert Shaw, Director of Public Works; Charles Trick, Director of Public
Safety; David R. McCullough, City Planner; William J. Strasser, Chief City Engineer;
Charles Dickey, Superintendent of Operations Division; Robert Angevine, Planning
Commission; and David Jones, Water and Sewer Commissioner. The Council requested
that the City Clerk's absence be noted and Juanita Hillas, Deputy City Clerk, in-
formed the Council that, pursuant to the provisions of the City Charter, she was
acting as the City Clerk, who was absent due to illness.
By Councilman Kleinert, seconded by Councilman Dooley and unanimously
adopted, it was
#299-62 RESOLVED that, the minutes of the 352nd regular meeting of
the Council of the City of Livonia, held on April 16, 1962, are hereby
approved.
Juanita, Hillas, Deputy City Clerk, read a letter dated April 23, 1962, from
the Mayor, regarding landscaping of the Carl Sandburg Library, referred to in
resolution #288-62, adopted on April 16, 1962.
By Councilman Kleinert, seconded by Councilman McNamara and unanimously
adopted, it was
#300-62 RESOLVED that, the Council reconsider action taken in resolu-
te. tion #288-62, adopted on April 16, 1962.
By Councilman Dooley, seconded by Councilman Daugherty and unanimously
adopted, it was
Page 5398
#301-62 RESOLVED that, resolution #288-62, regarding the landscaping
of the Carl Sandburg Library, be and hereby is rescinded.
By Councilman Daugherty, seconded by Councilman Mc Namara and unanimously
adopted, it was
#302-62 RESOLVED that, the matter of landscaping the Carl Sandburg
Library, referred to in the letter dated April 23, 1962, from the Mayor,
be referred to the next study meeting of the Council for consideration
and action.
By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
#303-62 RESOLVED that, upon recommendation of the Chairman of the Water
and Sewer Committee, speaking for that Committee, the matter of the Water
and Sewer Budget for the fiscal year of 1962-63 be discharged from that
committee and become the property of the City Council.
By Councilman Dooley, seconded by Councilman McNamara and unanimously
adopted, it was
iw. #301 -62 RESOLVED that, having considered the communication dated
April 5, 1962, from the Department of Law, submitted pursuant to resolu-
tion #208-62, and which transmitted appraisals received on the proposed
Harrison and Adams Park Sites, the Council does hereby request that the
Department of Law renegotiate a price with the owners of such property
on a land contract basis, and on a cash basis, as well.
By Councilman Kleinert, seconded by Councilman Dooley, it was
#305-62 RESOLVED that, John F. Uznis Builders, 21610 Michigan Avenue,
Dearborn, Michigan, as proprietors, having requested the City Council
to approve the proposed plat of -the following Subdivision: Idyl Wyld
Estates Subdivision No. 3, located in part of the Northeast 1/4 of Section
20, City of Livonia; and it appearing that tentative approval of said pro-
posed plat was given by the City Planning Commission under date of June 7,
1960 and January 9, 1962; and it further appearing that said proposed plat,
together with the plans and specifications for improvements therein, have
been approved by the Department of Public Works under date of April 13,
1962; the City Council does hereby approve said proposed plat on the
following conditions:
(1) All of such improvements shall be installed in conformance with
the Plat Ordinance (No. 135) as amended, of the City of Livonia, and
the rules and regulations of the Department of Public Works, within
a period of two (2) years from the date of this resolution;
(2) That the installation of such improvements shall be supervised and
inspected by the Department of Public Works and such improvements
shall not be considered as having been satisfactorily installed until
Page 5399
there is filed with the Council a Certificate as provided in Section
ifto 14 of said Ordinance No. 135, as amended;
(3) That the City Clerk is not authorized to affix her signature to
said Plat until either said improvements have been satisfactorily in-
stalled or, in lieu thereof, there is filed with her by said pro-
prietors a bond to the City of Livonia, in such form as may be ap-
proved by the City Attorney, and in the following amount:
$132,000.00, of which at least $10,000.00 shall be cash;
and until all inspection fees and other charges due to the City of
Livonia have been fully paid;
(4) That the proprietor submit to the City Engineer as-built plans of
all improvements installed in the subdivision, on cloth reproducible
material;
(5) On full compliance with the above conditions and with the pro-
visions of said Plat Ordinance, as amended, the City Clerk is hereby
authorized to affix her signature to said Plat as evidence of this
approval; provided, however, that the plat does not violate any
existing deed restrictions.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara, Daugherty and Bagnall.
NAYS: None.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was resolved that
#306-62 WHEREAS, pursuant to the direction of the City Council, the City
Assessor of the City of Livonia has prepared and reported to the Council
under date of April 11, 1962, an assessment roll dated April 11, 1962,
covering the installation of a street lighting system on Lathers Street
between West Chicago and Joy Road, and Harrison and Gillman Streets, in
the Southeast 1/4 of Section 36, City of Livonia, Wayne County, Michigan,
containing the special assessment assessed and levied, respectively, on
the proposed improvements in said district and as designated in resolution
#116-62, heretofore adopted by the Council;
THEREFORE, BE IT RESOLVED that, the said roll be accepted by the
City Council and that it be filed in the office of the City Clerk for public
examination and that the City Clerk be and .iereby is directed to give notice
pursuant to the provisions of Ordinance No. 31 of the City, as amended, that
the assessment roll has been made and filed in the office of the City Clerk
for public examination and that the City Council of the City of Livonia will
Imp meet in the City Hall in said City, 33001 Five Mile Road, at 8:00 o'clock
p. m., on Wednesday, May 16, 1962, to review the said special assessment
roll, at which time and place opportunity will be given to all interested
persons to be heard;
Page 5400
IT IS FURTHER RESOLVED that, the City Clerk give notice of said
hearing to be published once in The Livonian, the official newspaper of the
City of Livonia, which is published and circulated in said City, at least
ten (10) days prior to the date of May 16, 1962, and that the City Clerk
also give notice of said public hearing by sending written notice thereof
to each property owner subject to special assessment by reason of said im-
provement; the addresses of said property owners to be taken from the latest
tax assessment roll in the City Assessor's office.
By Councilman McNamara, seconded by Councilman Daugherty and unanimously
adopted, it was
#307-62 RESOLVED that, having considered the report and recommendation
dated April 13, 1962, from the City Planning Commission in regard to
Petition No. Z-542, the Council does hereby return the same to the City
Planning Commission for either an affirmative or negative recommendation
regarding the request contained in this petition; the Council directs the
City Planning Commission's attention to the fact that a tie vote on a
motion does not carry a resolution.
By Councilman Parks, seconded by Councilman Kleinert and unanimously
adopted, it was
iba #308-62 RESOLVED that, having considered the request dated April 6, 1962,
from the Livonia Yellow & Red Cab, for an additional ten taxicab permits,
the Council does hereby deny such request, it being the determination of
the Council that the public convenience and necessity does not warrant the
issuance of same, and for the additional fact that the Livonia Yellow & Red
Cab presently has more taxicab permits than it does taxicabs in operation.
By Councilman Daugherty, seconded by Councilman McNamara and unanimously
adopted, it was
#309-62 RESOLVED that, the City Clerk is hereby directed to furnish a
report to the Council on her failure to issue taxicab licenses to the
Livonia Yellow & Red Cab Company after said permits had been authorized
by the City Council and the applicant had complied with the provisions
of the Taxicab Ordinance, No. 166, as amended, and the City Clerk is
hereby requested to comply with the Charter requirements and responsibilities
as detailed in the City Charter in relation to issuance of licenses and
permits.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was resolved that
#310-62 WHEREAS, it is not normal for any business operating in Livonia
to be restricted as to business with only residents of Livonia, and
WHEREAS, it would not be to the best advantage of any taxicab
business operating in Livonia to be restricted to doing business only in
Livonia,
Page 5401
NOW, THEREFORE, BE TT RESOLVE that, the suggestion of the
INN Yellow & Red Cab Company for a proposed amendment to the Taxicab Ordinance,
that any taxicab operating in Livonia will be restricted from operating in
any adjacent communities be and hereby is rejected.
By Councilman Daugherty, seconded by Councilman McNamara and unanimously
adopted, it was
#311-62 RESOLVED that, the communication dated April 10, 1962, from the
Burton Hollow Civic Association requesting the installation of street
lights at certain intersections is hereby referred to the Director of
Public Safety for his consideration in connection with the report previously
requested by resolution #220-62, adopted on March 26, 1962, and the Council
would hereby appreciate such report being submitted as soon as is reasonably
possible.
By Councilman McNamara, seconded by Councilman Dooley, it was
#312-62 RESOLVED that, having considered tle recommendation dated April 4,
1962, from the Superintendent of Operations ivision, and the communication
dated April 18, 1962, from the Mayor, regarding bids received for street
trees, the Council does hereby accept the bid of the Harold Thomas Nursery,
14925 Middlebelt Roads Livonia, Michigan, for supplying street trees to
the City of Livonia in accordance with Proposal A at a unit price of
$12.75 per tree, such having been in fact the lowest bid received for
this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara, Daugherty and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Parks and unanimously
adopted, it was
#313-62 RESOLVED that, consideration of sanitary sewers in Golden Ridge
Subdivision be tabled to the next meeting of the Council.
By Councilman Kleinert, seconded by Councilman McNamara and unanimously
adopted, it was
#314-62 RESOLVED that, having conducted a public hearing on the necessity
of installing sanitary sewers in the Golden Ridge Subdivision, and before
making any determination in regard to such matter, the Council does hereby
request that the Mayor obtain and thereafter submit to the Council a report
prepared by the Chief City Engineer indicating:
(1) the storm drainage condition that will exist in the area sought
to be improved with sanitary sewers;
(2) the storm drainage condition that will exist in the area surround-
Page 5102
ing the property to be improved with sanitary sewers, and
(3) any other cozen ents regarding the storm drainage condition which
may exist in the Golden Ridge Subdivision by the installation of
sanitary sewers.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#315-62 RESOLVED that, the Superintendent of Operations Division is hereby
requested to submit a report regarding the condition of City nursery stock
on Merriman Road, such report to include his recommendation on what action
should be taken to preserve such stock in the most satisfactory manner.
By Councilman McNamara, seconded by Councilman Daugherty, it was
#316-62 RESOLVED that, after due and serious consideration, the City
Council does hereby take this means to advise the Mayor of the failure
of the Civil Service Commission to submit reports which have been re-
quested by the City Council from time to time over the past several years;
that among these requests have been reports requested by resolutions
#116-60, #235-60, #42-61(L ), #534-61, #98-62 and #99-62; the Council
wishes further to advise the Mayor that this repeated lack of cooperation
on the part of the Civil Service Commission is and has been seriously
effecting the Council's ability to arrive at reasonable determinations
with respect to salary adjustments and with respect to budgetary matters
generally.
The President relinquished the chair to the Vice President at 9:43 P. M., to speak
on the motion, and resumed the chair at 9:45 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: *Kleinert, *Dooley, McNamara, Daugherty and Bagnall.
NAYS: Parks.
*Councilmen Kleinert and Dooley abstained from voting which is recorded as a Yes
vote under the provisions of Ordinance No. 27, as amended.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman McNamara and unanimously
adopted, it was
#317-62 RESOLVED that, upon recommendation of the Chairman of the Streets,
Roads and Plats Committee, speaking for that Committee, the matter of the
paving of West Chicago Road between Merriman and Hubbard Roads be dis-
charged from that Committee and become the property of the City Council.
Page 5403
By Councilman Kleinert, seconded by Councilman McNamara and unanimously
adopted, it was
#318-62 RESOLVED that, the Council having adopted resolutions #531-60,
on September 12, 1960, and #660-61 on September 25, 1961, requiring the
City Engineer to ascertain the assessed valuation of all property affected
by the proposed installation of concrete paving on West Chicago Road be-
tween Merriman and Hubbard Roads in the East 1/2 of Section 35, 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 may be 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 re-
commendations have been properly filed by the City Engineer with the City
Clerk under date of December 21, 1961, and that there has been a full
compliance with all of the provisions of Section 6 of Ordinance No. 31,
as amended, 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 Wednesday,
May 16, 1962, at 9:00 o'clock 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 8 and 9 of Ordinance
No. 31, as amended, and the City Clerk is hereby authorized to give
notice and publication of such hearing as is required by Section 7 of
said Ordinance.
The report of the Municipal Court for the month of March, 1962,was received
and placed on file.
At 9:55 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 Dooley and unanimously
adopted, it was
#319-62 RESOLVED that, resolution #79-60, adopted on February 3, 1960,
which approved of the Idyle Hills Estates Subdivision, is hereby rescinded
in order that the Council may properly act on a division of such plat into
two parts as requested by the proprietor and approved by the City Planning
Commission in its resolution No. 4-70-62, adopted on April 10, 1962; pro-
vided, however, that this resolution will not be effective unless the two
replacement resolutions are approved.
Page 5404
By Councilman Kleinert, seconded by Councilman Parks, it was
#320-62 RESOLVED that, Custom Land Company, 33636 Five Mile Road, Livonia,
Michigan, as proprietors, having requested the City Council to approve the
proposed plat of the following Subdivision: Idyle Hills Estates Subdivision,
located in the Southwest 1/Li. of Section 16,E City of Livonia, and it appear-
ing that tentative approval of said proposed plat was given by the City
Planning Commission under date of April 10, 1962; and it further appearing
that said proposed plat, together with the plans and specifications for
improvements therein, have been approved by the Department of Public Works
under date of April 13, 1962; the City Council does hereby approve said
proposed plat on the following conditions:
(1) All of such improvements shall be installed in conformance with
the Plat Ordinance (No. 135) as amended, of the City of Livonia, and
the rules and regulations of the Department of Public Works, within a
period of tw) (2) years from the date of this resolution;
(2) That the installation of such improvements shall be supervised and
inspected by the Department of Public Works and such improvements shall
not be considered as having been satisfactorily installed until there
is filed with the Council a Certificate as provided in Section 14 of
said Ordinance No. 135, as amended;
(3) That the City Clerk is not authorized to affix her signature to
said Plat until either said improvements have been satisfactorily in-
stalled or, in lieu thereof, there is filed with her by said proprietors
a bond to the City of Livonia, in such form as may be approved by the
City Attorney, and in the following amount:
$135,000.00, of which $10,000.00 shall be cash;
and until all inspection fees and other charges due to the City of
Livonia have been fully paid;
(4) That the proprietor submit to the City Engineer as-built plans of
all improvements installed in the subdivision, on cloth reproducible
material;
(5) On full compliance with the above conditions and with the pro-
visions of said Plat Ordinance, as amended, the City Clerk is hereby
authorized to affix her signature to said Plat as evidence of this
approval; Provided, however, that the proprietor deposit with the City
a cash sum in the amount of $1,000.00, to be used for the purpose of
maintaining existing open ditches for two years after the completed
storm sewer system; and that the proprietor comply with all of the
conditions contained in the resolution of the City Planning Commission
which granted preliminary approval to such proposed plat; and the lots
shown as Outlots A, B and C be designated on be proposed plat and
final plat and be dedicated to the City of Livonia for public purposes
and use.
A roll call vote was taken on the foregoing resolution with the following result:
Page 5405
AYES: Parks, Kleinert, Dooley, McNamara and Bagnall.
NAYS: Daugherty.
Councilman Daugherty said that he could not approve a subdivision that will incur
an additional tax load to all taxpayers of Livonia to maintain.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Parks, it was
#321-62 RESOLVED that, Custom Land Company, 33636 Five Mile Road, Livonia,
Michigan, as proprietors, having requested the City Council to approve the
proposed plat of the following Subdivision: Idyle Hills Estates Subdivision
No. 2, located in the Southwest 1/4 of Section 16, City of Livonia, and it
appearing that tentative approval of said proposed plat was given by the City
Planning Commission under date of April 10, 1962; and it further appearing
that said proposed plat, together with the plans and specifications for im-
provements therein, have been approved by the Department of Public Works
under date of April 13, 1962; the City Council does hereby approve said
proposed plat on the following conditions:
(1) All of such improvements shall be installed in conformance with
the Plat Ordinance (No. 135) as amended, of the City of Livonia, and
the rules and regulations of the Department of Public Works, within a
period of two (2) years from the date of this resolution;
(2) That the installation of such improvements shall be supervised and
inspected by the Department of Public Works and such improvements shall
not be considered as having been satisfactorily installed until there
is filed with the Council a Certificate as provided in Section 14 of
said Ordinance No. 135, as amended;
(3) That the City Clerk is not authorized to affix her signature to
said Plat until either said improvements have been satisfactorily in-
stalled or, in lieu thereof, there is filed with her by said proprietors
a bond to the City of Livonia, in such form as may be approved by the
City Attorney, and in the following amount:
$76,000.00, of which $7,600.00 shall be cash;
and until all inspection fees and other charges due to the City of
Livonia have been fully paid;
(4) That the proprietor submit to the City Engineer as-built plans of
all improvements installed in the subdivision, on cloth reproducible
material;
(5) On full compliance with the above conditions and with the pro-
visions of said Plat Ordinance, as amended, the City Clerk is hereby
authorized to affix her signature to said Plat as evidence of this
approval; Provided, however, that the proprietor deposit with the
Page 5106
City a cash sum in the amount of $1,000.00, to be used for the purpose
of maintaining existing open ditches for two years after the completed
storm sewer system; and that the proprietor comply with all of the
conditions contained in the resolution of the City Planning Commission
which granted preliminary approval to such proposed plat; and the lots
shown as Outlots D, E and F be designated on the proposed plat and
final plat and be dedicated to the City of Livonia for public purpose
and use.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara and Bagnall.
NAYS: Daugherty.
Councilman Daugherty said that he could not approve a subdivision that will incur an
aditional tax load to all taxpayers of Livonia to maintain.
The President declared the resolution adopted.
On motion of Councilman Kleinert, seconded by Councilman Daugherty and
unanimously adopted, this 363rd regular meeting of the Council of the City of Livonia
was adjourned to Monday, April 30, 1962, at 8:30 P. M., the time of this adjournment
being 10:40 P. M., April 23, 1962.
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a -- W. Clark, City Clerk