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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#301-62 RESOLVED that, resolution #288-62, regarding the landscaping of the Carl Sandburg Library, be and hereby is rescinded.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. /1?7 " a -- W. Clark, City Clerk