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HomeMy WebLinkAboutCOUNCIL MINUTES 1963-03-27 Page 5954 MINUTES OF THE FOUR HUNDRED SECOND Rr 'ULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 27, 1963, 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 8:13 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 and Edward H. McNamara. Absent-- *James R. McCann. Elected and appointed City officials also present: Marie W. Clark, City Clerk; the Director of Public works; the Chief City Engineer; the first Assistant City Attorney; the City Planner; the Budget Director; the Chief Accountant; and the City Attorney. By Councilman McNamara, seconded by Councilman Parks and unanimously adopted, it was #198-63 RESOLVED that, the minutes of the 401st regular meeting of the Council of the City of Livonia held on March 20, 1963, and the adjourned 401st regular meeting held on March 25, 1963, are hereby approved. By Councilman Kleinert, seconded by Councilman McNamara, it was #199-63 RESOLVED that, having considered the letter dated March 27, 1963, from the Department of Law regarding the purchase of certain property from the Light Weight Aggregate Corporation as previously authorized in resolu- tion #173-63, the Council does hereby authorize the expenditure of a sum not exceeding $4,800.00 from the Special Municipal Refuse Account of the budget to cover taxes and other costs incidental to the consummation of such transaction; provided, however, that the Department of Law negotiate with the Light Weight Aggregate Corporation for a modification of the approved contract which would require the seller to pay in full all special assessments against the subject property with the consummation of the transaction. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. The President relinquished the Chair to the Vice Pres±ent at 8:25 P. M. Page 5955 By Councilman Bagnall, seconded by Councilman Parks, it was #200-63 RESOLVED that, in view of the several complaints that have been filed by the residents of the City of Livonia with the Michigan Public Service Commission, the Council of the City of Livonia does hereby take this means to inform the Commission as follows: 1. The City of Livonia is thirty-six (36) square miles in area and is served in its entirety by the Michigan Bell Telephone Company; 2. In providing telephone service to the City of Livonia, the Michigan Bell Telephone Company has divided the City and its residents among several of its zones and exchanges, which division has caused the residents of the City to have different telephone rates and calling areas dependent upon the telephone zone or exchange to which they are assigned; 3. The majority of the residents of the City of Livonia are served through one zone, with the prefix GArfield at the same rates and have City-wide calling privileges without extra charges; to the best knowledge of the Council there is no expressed dissatisfaction amongst GArfield subscribers; 4. Certain residents of the City of Livonia, namely those served through the three zones with the prefixes GReenleaf, GLenview and Fleldbrook, must pay additional charges to call certain other residents, ie e., residents of the City of Livonia served through the GLenview exchange must pay toll charges to call Livonia residents served by the GReenleaf zone and Rate Area No. 5 of the Detroit Zone and vice-versa; also residents of the City of Livonia served through the Fleldbrook zone must pay toll charges to call Livonia residents served in Rate Area No. 5 of the Detroit Zone and vice versa; pay- ment of additional charges to call from one area of the City to another area of the City appears, in the opinion of this Council, to be contrary to the interests and development of the community, not consistent with the normal calling patterns for the citizens of Livonia and inequitable insofar as the citizens in the Glenview, GReenleaf and Fleldbrook exchanges are affected; 5. The Council is aware that complaints have been filed with the Commission against the Michigan Bell Telephone Company, its rates and services, by the Mayor of the City of Livonia, by certain r esidents of the City and by Paul M. Chandler, State Representative of the 21st District of Wayne County. This Council urges that the Commission give careful consideration to providing every resident of the City of Livonia with, at least, a citywide telephone calling area with- out additional toll charge, that in doing so the existing rates in the GArfield Exchange not be disturbed, such action being necessary in the public interest of the City of Livonia and its citizens; further, the City Clerk is hereby requested to forward copies of this resolu- tion to the Michigan Public Service Commission and the Michigan Bell Tele- phone Company. Page 5956 The Vice President relinquished the Chair to Councilman Dooley at 8:28 P.M., and was excused. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Parks, Kleinert, Bagnall and Dooley. NAYS: None. The Chairman declared the resolution adopted. The President resumed the Chair at 8:29 P. M., and Councilman McNamara returned at 8:30 P. M. By Councilman McNamara, seconded by Councilman Kleinert, it was RESOLVED that, having considered the offer dated March 20, 1963, from Mr. Henry S. Alper, proprietor of the Castle Gardens Subdivision, the Council does hereby approve and authorize the purchase of certain property in Section 19 of the City of Livonia, adjacent to Castle Gardens Subdivision; such property to be purchased on a land contract to be executed between the title holder and the City of Livonia and upon the following terms and conditions; the total purchase price equal to $2,500 per acre, with a down payment of $3,000.00 and annual payments thereafter of $2,500.00 plus 5% interest on the unpaid balance; the contract should also provide that the aforesaid interest rate will be automatically re- duced to 3-1/2% in the event that such interest is determined to be exempt from federal income tax, and such contract to also provide such other terms and conditions as the Department of Law determines are neces- sary to protect the interest of the City; and for this purpose the sum of $3,000.00 is hereby transferred from the Unallocated Account to the Acquisition of Park Sites Account of the Budget; and the Mayor and City Clerk are hereby authorized to affix their signatures to such a land contract and to do all other things reasonably necessary or incidental to the full performance of this resolution. The President relinquished the Chair to the Vice President at 8:53 P. M., to speak on the motion. By Councilman Bagnall, seconded by Councilman Daugherty, it was #201-63 RESOLVED that, having considered the letter dated March 27, 1963, frau the Department of Parks and Recreation, and the letter dated March 27, 1963, from the Mayor, regarding purchase of certain property adjacent to Castle Gardens Subdivision, the matter is hereby tabled. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Kleinert, Dooley and Bagnall. NAYS: Parks and McNamara. The Vice President declared the resolution adopted. Page 5957 The President resumed the Chair at 8:55 P. M. An Ordinance Amending Section 30 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 3.345, introduced on March 20, 1963, by Councilman Daugherty, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance to Designate the Several Parcels of Land Owned by the City of Livonia. and Used for Park, Playground and Recreational Purposes by Establishing Nares Therefor, introduced on March 20, 1963, by Councilman Parks, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Parks, Kleinert, Dooley and McNamara. NAYS: Daugherty and Bagnall. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Daugherty, seconded by Councilman Kleinert, it was resolved that #202-63 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 19, more particularly described in resolution #835-62, adopted November 14, 1962, as required by the provisions of the City Charter and Ordinance No. 101, as anended, of the City of Livonia, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street light- ing is to be installed, such roll having been prepared on the basis of street lighting being installed with metal poles and underground wiring, in said Special Assessment District No. 19; NOT, THEREFORE, BE IT RESOLVED that, the said Council does hereby determine that said lights shall be installed with metal poles and underground wiring and that the assessments set forth in said Special Assessment Roll No. 19 are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer Page 5958 and resolutions of the City Council, said Special Assessment Roll No. 19 based on installation of metal poles and underground wiring is hereby ap- proved and confirmed in all respects, pursuant to the provisions of Section 3.10 of Ordinance No. 401, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assess- ment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Ordinance No. 401, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to The Detroit Edison Company, on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. By Councilman Dooley, seconded by Councilman Kleinert, it was revolved that #203-63 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 20, more particularly described in resolution #84-631 adopted January 30, 1963, as required by the provisions of the City Charter and Ordinance No. 401, as amended, of the City of Livonia, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed with metal poles and underground wiring in said Special Assessment District No. 20; NOW, THEREFORE, BE IT RESOLVED that, the said Council does hereby determine that said lights shall be installed with metal poles and under- ground wiring and that the assessments set forth in said Special Assessment District No. 20 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No. 20 based on installation of metal poles and underground wiring is hereby ap- proved and confirmed in all respects, pursuant to the provisions of Section 3.10 of Ordinance No. 401, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Ordinance No. 401, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to The Detroit Edison Company, on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. By Councilman Dooley, seconded by Councilman McNamara, it was resolved that #204-63 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 21, more Page 5959 particularly described in resolution #6-63, adopted January 9, 1963, as required by the provisions of the City Charter and Ordinance No. 1101, as amended, of the City of Livonia, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed with metal poles and underground wiring in said Special Assessment District No.21; NOW, THEREFORE, BE IT RESOLVED that, the said Council does hereby determine that said lights shall be installed with metal poles and underground wiring and that the assessments set forth in said Special Assessment District No. 21 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No. 21, based on the installation of metal poles and underground wiring is hereby approved and confirmed in all respects, pursuant to the provisions of Section 3.10 of Ordinance No. 1101, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Ordinance No. 401, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to The Detroit Edison Company, on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #205-63 RESOLVED that,having considered the letter dated January 18, 1963, from the Michigan Liquor Control Commission, and the report and recommendat ion dated March 8, 1963, from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Henry Brankiewicz and Bernard Glogoski for a new SDM license to be located at 271193 West Six Mile Road, Livonia, and the City Clerk is requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman Parks, seconded by Councilman Kleinert and unanimously adopted, it was #206-63 RESOLVED that, having considered the letter dated January 8, 1963, from the Michigan Liquor Control Commission, and the report and recommendation dated March 20, 1963, from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Tony's Incorporated for transfer of ownership of 1962-63 SDM license located at 29475 West Seven Mile Road, Livonia, from Tom's Northwood Market, Inc. and the City Clerk is requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. Page 5960 By Councilman McNamara, seconded by Councilman Daugherty, it vas #207-63 RESOLVED that, having considered the recommendation dated March 12, 1963, from the Superintendent of Operations Division, approved by the Director of Public Works, the Council does hereby accept the bid of Harold Thomas Nursery, 14925 Middlebelt Road, Livonia, Michigan, for supplying to the City of Livonia sixteen (16) tons of fertilizer in eighty (80) pound bags at $2.31 per bag, such having been the lowest bid received for this material. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. *Councilman McCann arrived at 9:20 P. M. By Councilman Daugherty, seconded by Councilman Dooley and unanimously adopted, it was #208-63 RESOLVED that, the resolution from the City of Plymough regard- ing establishing a Wayne County Tax Assessment Department is hereby re- ferred to the next regular meeting of the Council. By Councilman McNamara, seconded by Councilman McCann, it was #209-63 RESOLVED that, the Council does hereby fix and establish the salary of the City Assessor at $350.00 per month for the period beginning with the effective date of this resolution and extending through June 30, 1963; that the salary for such administrative office commencing July 1, 1963, and thereafter, is hereby fixed at $100.00 per month; all prior resolutions are hereby rescinded only to the extent that they are in con- flict herewith; and the sum of 3750.00 is hereby transferred from the Board of Review Salary Account to the City Assessor Salary Account. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Parks, Dooley, McNamara, McCann and Bagnall. NAYS: Kleinert. The President declared the resolution adopted. On motion of Councilman Daugherty, seconded by Councilman Dooley and unanimously adopted, this 1102nd regular meeting of the Council of the City of Livonia was duly adjourned at 9:34 P.M., March 27, 1963. t_ Mari :\ Clarfc, City Clerk Page 5961 MINUTES OF THE SEVENTH-SEVENTH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Pursuant to the provisions of Section 8, Chapter IV of the City Charter, the above meeting was held on March 28, 1963, at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at ap- proximately 9:50 P. M. Roll was called with the following result: Present-- Sydney B. Bagnall, James R. McCann, John F. Dooley, William E. Parks and Edward H. McNamara. Absent-- John T. Daugherty and Rudolf R. Kleinert. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #210-63 RESOLVED that, the matter of the acquisition of property located in S ction 19, City of Livonia, from Mr. Henry S. Alper, be removed from the table and brought before the Council. By Councilman Dooley, seconded by Councilman McNamara, it was #211-63 RESOLVED that, in consideration of the offer dated March 20, 1963, from Henry S. Alper, proprietor of Castle Gardens Subdivision in Section 19, City of Livonia, the Council does hereby approve the purchase of the parcel of land hereinafter described on the teens and conditions hereinafter set forth: That part of the N. W. 1/4 of Sec. 19, City of Livonia, Michigan, described as commencing at the center of Sec. 19, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and proceeding N. 89° 59' 43" W. 1146.17 ft., along the east and west 1/4 line of said Section 19, to the point of beginning; thence N. 890 59' 43" W. 632.0 ft., thence N. 0° 00' 40" E. 576.55 ft.; thence S. 89° 59' 20" E. to a point intersecting the westerly street right-of-way of Hix Avenue (being 60 ft. wide) thence southerly along said westerly street right-of- way of Hix Avenue to a point intersecting the east and vest 1/4 line of said Sec. 19, being the point of beginning, and excepting therefrom that parcel of land described as commencing at the center of Section 19, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and proceeding N. 89° 59' 43" W.146.17 ft., along the east and west 1/4 line of said Sec. 19 to the point of beginning; thence N. 89° 59' 43" W., 300.0 ft., thence N. 0° 00' 43" E. 325.00 ft.; thence S. 89° 59' 43" E. to a point intersecting the westerly street right- of-way of Hix Avenue (being 60 ft. wide); thence southerly along said westerly right-of-way of Hix Avenue to a point intersecting the east and west 1/4 line of said Section 19 being the point of beginning; such property to be purchased on a laid contract to be executed between the title holder and the City of Livonia upon the following terms and conditions: Page 5962 The total purchase price shall be equal to $2,500.00 per acre, L with a down payment of $3,000.00 and annual payments thereafter of $21500.00 plus 5% interest on the unpaid balance; the contract shall also provide that the aforesaid interest rate will be automatically reduced to 3-1/2% in the event that such interest is determined to be exempt from federal income tax; and for this purposes the sum of $3,000.00 is hereby transferred from the Unallocated Suplus Account to the Park Sites Acquisition Account of the budget, and the Mayor and City Clerk are hereby authorized to affix their signatures to such land contract, and to do all other things reasonalAy necessary or incidental to the full performance of this resolution; PROVIDED THAT, NOTWITHSTANDING ANYTHING HEREIN CONTAINED TO THE CONTRARY, this authorization is conditioned on the following: 1. That the Department of law first determine the status of the title of said property and the existence, if any, of any recorded encumbrances or liens against the aforesaid premises, and that the Department of Law affirmatively determine that there are no liens or encumbrances of record; 2. That there are no building and use restrictions affecting the premises which would prevent the property in question from being used as a park or for recreational purposes; and L 3. That there are no easements which would interfere with the use of the premises for park or recreational purposes. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Dooley, Parks, McNamara and Bagnall. NAYS: None. On motion of Councilman Dooley, seconded by Councilman McCann and unanimously adopted, this 77th special meeting of the Council of the City of Livonia was duly adjourned at 10:02 P. M., March 28, 1963. --- ---) - 27 ---4 C____. 6.-- -- - - c yr_. 1 ( . ------'- Marie .Nlark, City Clerk0 L