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HomeMy WebLinkAboutCOUNCIL MINUTES 1963-04-03 Page 5963 MINUTES OF THE FOUR HUNDRED THIRD REGULAR MEETING OF THE COUNCIL CF THE CITY OF LIVONIA On April 3, 1963, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the Vice President of the Council at approximately 8:23 P. M. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present-- Edward H. McNamara, William E. Parks, Rudolf R.Kleinert, John F. Dooley and James R. McCann. Absent-- Sydney B. Bagnall and *John T. Daugherty. Elected and appointed City officials present: Juanita Hillas, Deputy City Clerk; the City Attorney; the first assistant City Attorney; the Director of Public Works; the Budget Director; the Chief City Engineer; the Director of Public Safety; the Superintendent of Parks and Recreation; the Chief Accountant and the City Planner. Paul M. Chandler, State Representative from the 21st District, also attended the meeting. By Councilman Parks, seconded by Councilman Kleinert and unanimously adopted, it was #212-63 RESOLVED that, the minutes of the 402nd regular meeting of the Council of the City of Livonia held March 27, 1963, and the 77th special meeting held March 28, 1963, are hereby approved. The letter dated April 2, 1963, from the Mayor, regarding an audit of the Parks and Recreation Department, was received and placed on file for the information of the Council. By Councilman Kleinert, seconded by Councilman Dooley, it was #213-63 RESOLVED that, having considered the report and recommendation dated March 25, 1963, from the Mayor, the Council does hereby authorize the acceptance of the easterly sixty (60) feet of the following parcels: Parcel 3Xlb - 3Ya,21a - 3AAla, BBlb Parcel 3Wla - 3Xla Parcel 3BBla Parcel 3EE3b all of which parcels are more particularly described in quit claim deeds Page 5964 attached to the letter from the Mayor, received March 25, 1963, and executed by the owners of the aforesaid property; and the City Clerk is hereby requested to cause such deeds to be recorded with the Wayne County Register of Deeds, and thereafter to be filed in her office. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McCann and McNamara. NAYS: None. * Councilman John T. Daugherty arrived at 8:29 P. M. By Councilman Parks, seconded by Councilman Kleinert, it was #214-63 RESOLVED that, pursuant to the report and recommendation dated March 27, 1963, from the Water and Sewer Committee, the Council does hereby determine to take no action on the proposed amendment to Ordinance No. 51, referred to the Committee by resolution #251-62, and the Depart- ment of Law, the Bureau of Inspection and the City Engineer are requested to meet, review and submit new proposals for the amendment of the said ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McCann, *Daugherty and McNamara. NAYS: None. *Councilman Daugherty abstained from voting which is recorded as a "Yes" vote under the provisions of Ordinance No. 27, Section 19. The Vice President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Dooley, it was #215-63 RESOLVED that, pursuant to the report and recommendation dated March 27, 1963, from the Water and Sewer Committee, the Council does hereby concur with the recommendation of the Water and Sewer Board, dated December 31, 1962, referred to the Committee by resolution #64-63, regard- ing the acceptance of Alternate IAS Plan for the installation of an 88 water main extension on Mayfield Avenue south of Seven Mile Road to Clarita Avenue, it being the understanding of the Council that the estimated cost of such project is $6,300.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McCann, Daugherty and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Parks and unanimously adopted, it was Page 59b5 #216-63 RESOLVED that, pursuant to the report and recommendation dated March 27, 1963, from the Water and Sewer Committee, the Council resolves to take no further action with respect to the proposed revision of the Plat Ordinance submitted by the Department of Law on June 27, 1962, sub- mitted to the Committee by resolution #570-62; it being the understanding of the Council that the Department of Law will shortly present a new proposal revising this ordinance; and further, the Council determines to take no action regarding the question of the jurisdiction of the Bell Creek Drain, referred to the Committee by resolution #51-63, until the City Engineer submits his report regarding the outcome of the City's pending application for a Federal 701 Program Grant. By Councilman Kleinert, seconded by Councilman Parks, it was #217-63 RESOLVED that, pursuant to the report and recommendation dated March 27, 1963, from the Water and Sewer Committee, the Council does hereby determine to take no action toward changing the present method of bidding for public works contracts, referred to the Committee by resolution #854-62. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley and McNamara. NAYS: McCann and Daugherty. The Vice President declared the resolution adopted. By Councilman Parks, seconded by Councilman Kleinert and unanimously adopted, it was #218-63 RESOLVED that, pursuant to the report and recommendation dated March 27, 1963, from the Water and Sewer Committee, the Council does hereby refer the matter of a sanitary sewer extension on Denne Avenue, between Plymouth Road and Dalhay Avenue (referred to the Committee by resolution #1.85-62), to the Engineering Division for its report and recom- mendation regarding the possibility of adding this project to the sanitary sewer line proposed to be installed in Plymouth Road, together with an estimate of the cost thereof. By Councilman Kleinert, seconded by Councilman Parks, it was #219-63 RESOLVED that, pursuant to the report and recommendation dated March 27, 1963, from the rater and Sewer Committee, the Council does hereby determine to take no affirmative action with respect to the improve- ment of the Beitz Drain, referred to the Committee by resolution #112-63, but rather requests the Engineering Division and Operations Division to do whatever is possible within their present labor and budget capabilities to alleviate the problem caused by the condition of the Beitz Drain as described in the letter dated February L., 1963, from Mrs. A. Schrom, 18625 Shadyside, Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McCann, Daugherty and McNamara. NAYS: None. Page 5966 By Councilman Kleinert, seconded by Councilman Parks and unanimously adopted, it was #220-63 RESOLVED that, pursuant to the report and r ecommendation dated March 27, 1963, from the Water and Sewer. Committee, regarding the clean- ing out of a drain through the property of Mr. W. Gordon Park (referred to the Committee by resolution #12-63), the Council does hereby request that the City Engineer cause the drain to be cleaned out through the property of Mr. W. Gordon Park as an over-all part of the City-County drain clean-out program. The following resolution was offered by Councilman Kleinert and seconded by Councilman Daugherty: #221-63 WHEREAS, the City Council has entered into a contract with the Wayne County Drain Commissioner on July 18, 1962; and WHEREAS, the City of Livonia has assumed the obligation of the maintenance of said drains in accordance with said contract; and WHEREAS, the Department of Public Works is in receipt of many complaints relative to serious situations involved in said County Drains; NOW, THEREFORE, BE IT RESOLVED that, the Director of the Depart- ment of Public Works be authorized to acknowledge such complaints and proceed to rectify the same in accordance with his best judgment, to obtain whatever permission is necessary to enter private property to do such work; and BE IT FURTHER RESOLVED that, the sum of $10,030.00, out of Operations Division Budget Account No. 236-2, be used for said purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McCann, Daugherty aid McNamara. NAYS: None. By Councilman Parks, seconded by Councilman Daugherty and unanimously adopted, it was #222-63 RESOLVED that, having considered the report and recommendation dated March 19, 1963, from the Engineering Division, submitted pursuant to resolution #165-63, regarding drainage complaint of Harry R. Killam, 11081 Clements Circle W., the Council does hereby refer the same to the Water and Sewer Committee for its report and recommendation, such Letter being connected with other matters presently in such committee. By Councilman Daugherty, seconded by Councilman Parks, it was #223-63 RESOLVED that, the letters dated March 22, 1963, from Mrs. Donald Richards, 17005 Harrison; and dated July 18, 1962, from Mr. and Mrs. Merrill Page 5967 Sheaffer, 16885 Harrison, Livonia, Michigan, regarding drainage on Harrison Street, together with the report and recommendation dated March 15, 1963, from the Engineering Division regarding extension of sanitary trunk sewers (submitted pursuant to resolutions #45-62, #132-62 and #197-62), are hereby referred to the Water and Sewer Committee; further, the letters from the citizens first referred to above are also hereby referred to the Engineering Division with a request that the Chief City Engineer recommend an interim program to solve the adverse condition referred to in such letters, together with an estimate of the cost and method of financing such an interim program; and the Council takes this means to inform the Engineering Division that by "interim program" it means a program that can be commenced and completed within the near future. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Dooley, McCann, Daugherty and McNamara. NAYS: Kleinert. The Vice President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #2211-63 RESOLVED that,having considered the letter dated March 20, 1963, from the City Planning Commission regarding the dedication and improvement of Hix Road in Section 7, submitted pursuant to resolution #885-62, the Council does hereby refer the same to the Streets, Roads and Plats Com- mittee for its report and recommendation. By Councilman Parks, seconded by Councilman Dooley and unanimously adopted, it was #225-63 RESOLVED that, consideration of the Plat Ordinance Amendment, submitted by the Department of Law, be tabled to the next regular meeting of the Council after the next study meeting. The amendmea t to the Traffic Ordinance, No. 21, submitted by the Department of Law, was removed from the agenda. Councilman Kleinert introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 24 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 CF LIVONIA, BY ADDING THERETO SECTION 3.346. THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission, dated January 7, 1963, on Petition No.Z-573, having been considered by the Council, Pgge 5968 the Council hereby adopts said petition to amend the Zoning Ordinance and the Zoning Map of the City of Liwnia, and all proceedings heretofore conducted on said petition are hereby approved. Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia is hereby amended by adding thereto the following section: Section 3.346. Petition No. Z-573 submitted by Lester Karr is hereby granted and the zoning classification of the premises herein- after described is changed from RUFB to R-1-A as requested in said petition: (Parcel J2) That part of the N. E. 1/4 of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant S. 89° 49' W. 658.0 feet and S. 00 191 30" E. 1484.73 feet and S. 89° 49' W. 925.42 feet from the N. E. corner of Section 24 and proceeding thence S. 89° 49' W. 394.71 feet; thence N. 0° 25' 50" W. 165.77 feet, thence N. 89° 53' E., 394.72 feet; thence S. 00 �51 50" E. 165.31 feet; to the point of beginning; and the Northeast 1/4 of Section 24 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 103 of the Zoning Map of the City of Livonia," showing all of the sendments and changes made in the fore- going Section 2 of this ordinance is hereby approved, established and made a part hereof. Section )4. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 5. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. . The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Counci]man Dooley introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 25 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 CF LIVONIA, BY ADDING THERETO SECTION 3.347. THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission, dated February 8, 1963, on Petition No. Z-577, having been considered by the Council, Page 5969 the Council hereby adopts said petition to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings heretofore conducted on said petition are hereby approved. Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No.60, as amended, of the City of Livonia, is hereby amended by adding thereto the following section: Section 3.347. Petition No. Z-577, submitted by Verne L. and 011ie L. Sauvage is hereby granted and the zoning classification of the premises hereinafter described is hereby changed from R-1-B to C-1: Lots 458 and 459; also the Test 1/2 of the vacated alley adjacent to said lots, Schanhite's Marquette Manor Sub- division, of part of the East 1/2 of the Southeast 1/4 of Section 25, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; and the Southeast 1/4 of Section 25 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 104 of the Zoning Map of the City of Livonia," showing all of the amendments and changes made in the fore- going Section 2 of this ordinance is hereby approved, established and made a part hereof. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 5. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. The following letter dated March 14, 1963, from the Associated General Contractors of America, regarding bidding of Public Works Projects, was received and placed on file for the information of the Council: "Our attention is called to the Wednesday, February 20, 1963, article in the Livonia Observer, entitled "Livonia Council Lashed by D.P.W. Lawyer." Such an article is disappo;nting in view of the obvious benefits of the contract method in construction. Certainly, the D.P.W. attorney is misinformed and unfamiliar with the industry whose common objectives of more efficient operations and practices give assurance to the owner that maximum value is received for the investment in con- struction. "The National AGC maintains an active joint committee with the American Public Works Association. During this committee's September 30, 1962, meeting in New Orleans, cooperation between public officials and contractors was encouraged. Page 5970 Such affiliation is ehhanced by the information of local APWA-AGC committees. The following motions were alTroved by the Committee: "(a) The committee reaffirms the APWA-AGC position that local APWA-AGC Joint Cooperative Committees be formed to review problems of mutual concern. "(b) That mutual specification problems should be subjectoof consideration at local APWA-AGC Joint Cooperative Committee meetings and that contractors who are not members of the APWA or AGC be invited to attend such meetings. "This Association maintains Rules of Ethical Practice, which are contained in its Governing Provisions. In part, these rules state: "Fair and bonafide competition is a fundamental service of our industry to which clients and owners are entitled. Any act or method of restriction thereof is a breach of faith toward this Association and a betrayal of its principles. "The experienced general contractor provides the municipality with a com- pleted project at the lowest possible cost through the medium of competitive bidding for a fixed-price contract. General contractors themselves maintain a thorough knowledge of current construction costs and must continue to do so in these days of rigorous competition. They have accumulated experience, equipment, a stable finance condition, and other qualities essential to the successful conduct of their business by constantly developing improved methods for undertaking work more ef- ficiently and more economically. The public is entitled to the benefits of their competition. "The benefits of the contract method are recognized by the Honorable Robert F. Wagner, Mayor of New York City. I have enclosed a copy of Mayor Wagner's remarks concerning this point, made during the recent AGC Annual Convention An New York City. "We encourage your City Council to discuss problems of mutual concern with the AGC chapters in your area. By such liaison, your community will realize full cooperation by an industry which is dedicated to serving the public." "Y(urs very truly, William W. Dunn, Executive Director" By Councilman Parks, seconded byCbunciIman McCann and unanimously adopted, it was #226-63 RESOLVED that, the letter dated March 15, 1963,from the Mahlen Land Corporation, 25544 Plymouth Road, Detroit 39, Michigan, regarding the paving of certain streets adjacent to a certain proposed park site in Section 22, is hereby referred to the Streets, Roads and Plats Committee. By Councilman Dooley, seconded by Councilman Parks and unanimously adopted, it was Page 5971 #227-63 RESOLVED that, having considered the report and recommendation dated March 20, 1963, from the City Planning Commission in connection with Petition No. Z-574, initiated by the City Planning Commission, for change of zoning in the South 1/2 of section 24 from R-3 to R-1-A, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition No. z-5714 is hereby granted; and the City Planner is instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department, of Law, and upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. At 9:16 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 meetings including Councilman Daugherty. By Councilman Daugherty, seconded by Councilman McCann, it was RESOLVED that, having considered the report and recommendation dated March 20, 1963, from the City Planning Commission in connection with Petition No. Z-580, submitted by A. J. Erwin, Shell Oil Company, for change of zoning in the Northeast 1/4 of Section 13 from C-1 to C-2, the Council does hereby reject the recommendation of the City Planning Commission, and Petition No. Z-580 is hereby denied for the reason that there is adequate commercial zoning within the area and that the rezoning of the subject property would contribute nothing to the health, safety or welfare of the City of Livonia . A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty and McNamara. NAYS: Parks, Kleinert and Dooley. The Vice President declared the resolution denied. By Councilman Kleinert, seconded by C ouncilman Parks, it was #228-63 RESOLVED that, consideration of the recommendation of the City Planning Commission in connection with Petition Z-580, submitted by Shell Oil Company for change of zoning in Section 13, be and is hereby tabled to the next regular meeting of the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley and McNamara. NAYS: McCann and Daugherty. The Vice President declared the resolution adopted. By Councilman Parks, seconded by Councilman Kleinert and unanimously adopted, it was Page 5972 #229-63 RESOLVED that, having considered the communication dated March 22, 1963, from the Liquor Control Commission, the Council does hereby approve that the request from Anthony W. Snyce?rski for a new Class C license in the City of Livonia be amended to include the new location of 36501 School- craft Road, Livonia, in lieu of prior approval granted under date of March 12, 1962, and is recommended above all others, it being the informa- tion of the Council that the property at the aforesaid address is presently zoned 0-2 which permits the location and operation of Class C licensed establishments. By Councilman McCann, seconded by Councilman Daugherty and unanimously adopted, it was #230-63 RESOLVED that, having considered the letter dated March 13, 1963, from The Detroit Edison Company, regarding the willingness of a certain property owner to sell property to the City of Livonia, the Council does hereby refer the same to the Finance Committee for its report and recom- mendation. By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #231-63 RESOLVED that, having considered the letter dated March 13, 1963, from the Belle Mar Civic Association regarding the condition of the Bell Drain No. 2, extending west of Middlebelt Road, the Council does hereby refer the same to the Engineering Division for a report and recommendation including an estimate of cost and method of financing either a complete or interim program to alleviate the complained of condition. The letter dated March 13, 1963, from the Traffic Commission, regarding lack of parking space - Petition M-262, was received and placed on file. The letter dated March 13, 1963, from the Traffic Commission regarding purchase of Radar Unit was received and placed on file. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #232-63 RESOLVED that, a copy of the report dated March 13, 1963, from the Traffic Commission, regarding the traffic count on Fairfield Avenue, south of Plymouth Road, be forwarded to Mr. Edward Budd, 11307 Fairfield. By Councilman McCann, seconded by Councilman Dooley and unanimously adopted, it was #233-63 RESOLVED that, having considered the letter dated March 21, 1963, from Mr. and Mrs. Whitefield, 28555 Sunnydale, Livonia, the same is hereby referred to the Engineering Division for a report as to any bonds which may be on file with the City from the builder, and to the Bureau of Inspection for its report as to the complaints listed in the letter. Page 5973 By Councilman Daugherty, seconded by Councilman Parks, it was #2311-63 RESOLVED that, having considered the letter dated March 18, 1963, from the Northwest Wayne County Community College, 9901 Newburgh Road, Livonia, Michigan, regarding inspections and inspection fees for the new community college buildings, the Council does hereby take this means of expressing its agreement to provide building inspections and the issuance of a building permit on the basis of fee schedules provided in the build- ing code for eleemosynary institutions, and provided, however, that the mechan, cal trade permits be issued and charged for in the ordinary manner and at the ordinary rate provided for in the building code ordinance of the City. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Dooley, McCann, Daugherty and McNamara. NAYS: Kleinert. The Vice President declared the resolution adopted. By Councilman Dooley, seconded by Councilman Kleinert and unanimously adopted, it was #235-63 RESOLVED that, having considered the petition dated March 20, 1963, from certain residents of Northland Drive, the Council does hereby request the Engineering Division to determine and thereafter submit a report to the Council indicating the condition of Northland Drive, and an estimate of the cost of bringing such road up to minimum county standards if such improvement is necessary; and the Department of Law is hereby authorized to obtain quit claim deeds from the owners of Northland Drive for the purpose of including this street in the local public street system, such deeds to thereafter be submitted to the Council for its acceptance or rejection. By Councilman Parks, seconded by Councilman McCann and unanimously adopted, it was #236-63 RESOLVED that, having considered the petition received March 21, 1963, from certain residents in the Melody Manor Subdivision regarding the extension of a sanitary sewer to service such area, the Council does hereby refer the same to the Engineering Division for its report and recommendation and an es tima tie of the cost. By Councilman Parks, seconded by Councilman Kleinert, it was #237-63 RESOLVED that, having considered the report and recommendation dated March 11, 1963, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby release to Carey Homes, Inc., 10333 W. McNichols, Detroit 21, Michigan, the $5,000 bond deposited with the City in accordance with resolution #117-59 adopted on February 23, 1959,as amended by resolution #1170-59 adopted on July 27,1959,which bond was Page 5974 to be deposited in connection with improvements to be installed in Bretton Gardens Subdivision located in the Southeast 1/4 of Section 2, City of Livonia, Michigan, it appearing from the aforementioned report of the Chief City Engineer that all required improvements have been satisfactorily in- stalled; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McCann, Daugherty and McNamara. NAYS: None. By Councilman Parks, seconded by Councilman Daugherty, it was #238-63 RESOLVED that, having considered the report and recommendation dated March 27, 1963, from the Chairman of the Parks and Recreation Com- mission, approved by the Mayor, regarding bids for the purchase of base- ball equipment, the Council does hereby accept the following bids for such items: Item Amount Low Bidder Price Total BALLS Spa ding 41-185 40 dozen Griswold Sporting Goods $ 7.95 $ 318.00 Rawlings 40C 150 dozen Blackburn 10.70 1,605.00 Harwood 94 80 dozen Olympic 15.40 1,232.00 BATS Wilson A1512 25 dozen Jahn's Livonia Hardware Co. 1.82 ea. 546.00 (low bidder will accept smaller quantity at same price) *Wilson A1310 25 dozen Jahn's 2.1l ea. 732.00* (low bidder will accept smaller quantity at same price) HEAD PROTECTORS Wilson A5484 2 dozen Jahn's 2.05 ea. 49.20 CATCHER'S EQUIPMENT Gloves Wilson A2534 24 Jahn's 12.18 292.32 Masks Wilson A3022 24 Jahn's 7.24 173.76 Body Protectors Wilson A3222 12 Jahn's 3.15 37.80 Body Protectors Wilson A3220 12 Jahn's 4.51 54.12 Leg Guards Wilson A3444 12 Jahn's 4.41 52.92 *$Wilson A3432 8 General Sports Equip.Co.Inc. 6.06 48.48 Page 5975 Leg Guards MacGregor 3275 4 Griswold 7.80 31.20 ::General Sports, original low bidder requests withdrawal of bid -- cannot fulfill bid on time. * General Sports can provide only 8 of 12 items requested; Griswold agrees to provide balance at their bid price. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Dooley, McCann, Daugherty and McNamara. NAYS: Kleinert. The Vice President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman McCann, it was #239-63 RESOLVED that, Councilman Kleinert be appointed as a committee of one to represent the Council in matters concerning the veterans' organizations in the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Dooley, McCann, Daugherty and McNamara. NAYS: Kleinert. The Vice President declared the resolution adopted. By Councilman McCann, seconded by Councilman Dooley and unanimously adopted, it was #240-63 RESOLVED that, having considered the report dated March 26, 1963, from the Director of Public works requesting permission to remove the old farm house and barn located at 15110 Farmington Road on the Civic Center site, the Council does hereby concur in such request and authorizes removal of these structures,subject to any applicable police and fire regulations. By Councilman McCann, seconded by Councilman Parks, it was #241-63 RESOLVED that, having considered the recommendation dated March 13, 1963, from the Civil Service Commission, the Council does hereby concur and approve of the recommended salary adjustment for the classification of Assistant City A ttorney at $8,902.40 per annum, from the effective date of this resolutioh. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, McCann, Daugherty and McNamara. NAYS: Kleinert and Dooley. The Vice President declared the resolution adopted. Page 5976 Councilman McCann was excused at 10:39 P. M. By Councilman Kleinert, seconded by Councilman Daugherty, it was #21i2-63 RESOLVED that, Council. resolution #170-63, adopted on March 20, 1963, is hereby rescinded. Councilman McCann returned at 10:50 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McCann, Daugherty and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Daugherty, it was #243-63 RESOLVED that, having considered the letter dated April 3, 1963, from the Department of Law, the Council does hereby: 1) approve and authorize of purchasing from the Light Weight Aggregate Corporation, 12720 Farmington Road, Livonia, Michigan, all of that real property referred to in the form of land contract submitted with the aforesaid letter from the Department of Law, dated April 3, 1963, (and identified by that date), which real property comprises 59.06 acres, more or less, situated in the North 1/2 of Section 27, City of Livonia, Wayne County, Michigan, the total purchase price provided to be equal to $5,000 per acre, and such purchase to be consummated upon all of the other terms and conditions provided for in the said land contract; 2) approve and authorize of the City entering into a lease agreement with the Light Weight Aggregate Corporation providing for the City to lease back to the Light Weight Aggregate Corporation all of that property described in the form of lease agreement attached to the aforesaid letter from the Department of Law, dated April 3, 1963, (identified by that date); the said property to be leased comprising 101.81 acres, more or less; the term of such lease to be for a period of ten (10) years except as otherwise provided in such lease; the annual rental to the City under such lease to be the sum of fifteen cents (15¢) per ton for each ton of the tenant's finished product removed from the demised premises with a minimum guaranteed rental of $12,000 per year beginning on May 1, 1963, and yearly thereafter; and such lease to be entered into upon all of those other terms and conditions provided for in the said form of lease agreement; 3) the Mayor and City Clerk are herein authorized to execute for and on behalf of the City of Livonia and with the Light Weight Aggregate Corporation the form of Land Contract agreement and Lease agreement attached to the Department of Law communication dated April 3, 1963, and identified by the date of L-3-63, and to do all other things reasonably necessary or incidental to the full performance of this resolution; and for the purposes of this resolution, the Council does hereby authorize Page 5977 the use and expenditure of $60,010 from the Special Municipal Refuse Account of the Budget, and all of the communications and reports together with the Land Contract form and Lease agreement form, first referred to above, are hereby made, by this reference, a part of this resolution as if fully stated word for word herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McCann, Daugherty and McNamara. NAYS: None. By Councilman Dooley, seconded by Councilman McCann, it was #244-63 RESOLVED that, the sum of $1,268.00 is hereby transferred to the Wage Account from the Account for Provision for Personnel Increases. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Dooley, McCann, Daugherty and McNamara. NAYS: Kleinert. The Slice President declared the resolution adopted. March 25, 1963 To the Honorable Common Council of the City of Livonia City Hall, 33001 Five Mile Road Livonia, Michigan Re: Five Mile Road Middle Belt to Merriman Ladies and Gentlemen: The so-called "State Agency and Public Corporation Condemnation Law," Act No. 149 of the Public Acts of 1911 as amended, under which the land in the above referenced case is being acquired, requires that the consent of the City Council, by resolution, be obtained before any legal proceedings are commenced for the acquisition of private property for a highway within a city. Consequently, it is respectfully requested that your Honorable Body consent by resolution, substantially in the form submitted herewith, to the acquisition by the Board of Lounty Road Commissioners of the County of Wayne, Michigan, of the private property in the City of Livonia described in the resolution adopted by the Board on March 14, 1963, declaring and determining the taking of said private property to be necessary for the widening and changing of Five Mile Road in the City of Livonia, Wayne County, Michigan, extending from its intersection with Middle Belt Road westerly to Merriman Road. A certified copy of the Board of Wayne County Road Commissioners' resolution Page 5978 and a drawing of the property to be acquired are submitted herewith. Very truly yours, BOARD OF WAYNE COUNTY ROAD COMMISSIONERS Marvin C. Buyers, Secretary and Clerk of the Board. RESOLUTION Commissioner Barbour moved the adoption of the following resolution: WHEREAS, this Board did on the 25th day of July 1922, by proper resolution, take over jurisdiction of Five Mile Road, from Northville Road easterly to a point 200 feet east of Wyoming Avenue in the Townships of Plymouth and Redford and the Cities of Livonia and Detroit, and that said resolution was duly published and served in accordance with the statutes in such case made and provided; and WHEREAS, the widening and changing of Five Mile Road in the City of Livonia, Wayne County, Michigan, extending from its intersection with Middle Belt Road westerly to Merriman Road is necessary to accommodate present and future traffic conditions; NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby declare and determine, and it is hereby declared and determined, that it is necessary to widen and change said Five Mile Road in the City of Livonia, Wayne County, Michigan, extend- ing from its intersection with Middle Belt Road westerly to Merriman Road, and that said improvement is a necessary public improvement for the use and benefit of the public; BE IT FURTHER RESOLVED, that this Board does hereby declare and determine, and it is hereby declared and determined, that it is necessary to acquire and take the fee simple title to private property located in the City of Livonia and County of Wayne for the making of said public improvement and to acquire and take the fee simple title to the whole of certain parcels of land where the acquisition of the portion thereof actually needed would destroy the practical value or utility of the remainders of such parcels in accordance with the plans on file in the office of this Board; BE IT FURTHER RESOLVED, that the attorney for this Board is hereby authorized and directed to institute condemnation proceedings against the owners and other parties in interest to acquire the fee simple title to private property necessary for the making of such public improvement and to acquire and take the fee simple title to the whole of certain parcels of land where the acquisition of the portion thereof actually needed would destroy the practical velue or utility of the remainders of such parcels, all in accordance with the statute in such case made and provided, said private property being described as follows: Lands in the south one-half of section 14 and in the north one-half of section 23, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as follows: The south 60.0 feet of that part of the S. E. 1/L of Section lig, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, which is located between the east boundary line of Golf View Woods Subdivision Page 5979 (Liber 67, page 57) and the east line of section 1)1, subject to the rights of the public in the existing rights-of-way of Five Mile and Middle Belt Roads, Also: The south 60.0 feet of that part of the S. E. 1/4 of Section 14. T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, which is located between the east right-of-way line of Doris Avenue, 60 feet wide or the extension southerly thereof and the west boundary line of Golf View Woods Subdivision (Liber 67, Page 57); subject to the rights of the public in the existing right-of-way of Five Mile Road. Also: The north 60.0 feet of the west 10 acres of the N. E. 1/4 of the N. W. 1/4 of Section 23,, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; subject to the rights of the public in the existing right-of-way of Five Mile Road. Also: The north 60.0 feet of the east 208.71 feet of the N.E. 1/4 of Section 23, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, subject to the rights of the public in the existing rights-of-way of Five Mile and Middle Belt Roads, Also: The north 59.0 feet of the West 126.29 feet of the east 335 feet of the N.E. 1/4 of Section 23, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, subject to the rights of the public in the existing right-of-way of Five Mile Road. The motion was supported by Commissioner Neudeck and carried by the following vote: AYES: Kreger, Barbour and Neudeck NAYS: None CERTIFICATION I, Marvin C. Buyers, Secretary and Clerk of the Board of County Road Com- missioners of the County of Wayne, Michigan, do hereby certify that the foregoing is a true and complete copy of an excerpt from the minutes of a meeting of said Board held on the 14th day of March, A. D., 1963, as appears of record in the office of said Board; that I have compared it with the original and it is a true transcript therefrom. IN TESTIMONY WHEREOF, I have hereunto set my hand at Detroit this 21st day of March, A. D., 1963. Marvin C. Buyers Secretary and Clerk of the Board. By Councilman Dooley, seconded by Councilman McCann, it was #2,5-63 RESOLVED that, consent be and hereby is granted to the Board of County Road Commissioners of the County of Wayne, Michigan, to take by eminent domain, under the provisions of Act No. 149 of the Public Acts of Page 5980 1911, as last amended, fee simple title to private property in the City of Livonia, Wayne County, Michigan, described in the foregoing resolution adopted by the Board of County Road Commissioners of the County of Wayne, Michigan, on the 14th day of March, A. D., 1963, declaring and determining the taking of said private property to be necessary for the making of a certain necessary public improvement, to wit: Re: The widening and changing of Five Mile Road in the City of Livonia, Wayne County, Michigan, extending from its intersection with Middle Belt Road westerly to Merriman Road. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McCann, Daugherty and McNamara. NAYS: None. The Vice President declared the resolution adopted. The following resolution was offered by Councilman Daugherty and seconded by Councilman Dooley: #246-63 WHEREAS, City of Livonia (herein called the "Applicant") after thorough consideration of the various aspects of the problem and study of available data has hereby determined that the construction of certain public works, generally described as: 1. Seven Mile Road - Sanitary trunk sewer - westerly along Seven Mile Road to Flamingo Avenue - northerly along Flamingo Avenue to Bretton Drive; 2. Further extension of line westerly and northerly through Sections 2 and 3; is desirable and in the public interest and to that end it is necessary that action preliminary to the construction of said works be taken im- mediately; and WHEREAS, under the terms of Public Law 560, 83rd Congress, as amended, the United States of America has authorized the makinE, of advances to public bodies to aid in financing the cost of engineering and architectural surveys, designs, plans, working drawings, specifications or other action preliminary to and in preparation for the construction of public works; and WHEREAS, the applicant has examined and duly considered such act and the applicant considers it to be in the public interest and to its benefit to file an application under said act and to authorize other action in connection therewith; NOW, THEREFORE, BE IT RESOLVED BY the City Council, the governing body of said applicant, as follows: 1. That the construction of said public works is essential to and to the best interests of the applicant, and to the end that such Page 5981 public works may be provided as promptly as practicable it is desirable L that action preliminary to the construction thereof be undertaken im- mediately; 2. That William J. Strasser, Chief City Engineer, 13325 Farmington Road, Livonia, Michigan, be hereby authorized to file in behalf of the applicant an application (inform required by the United States and in conformity with said act) for an advance to be made by the United States to the applicant tc aid in defraying the cost of plan preparation for the above described public works, which shall consist generally of 1) Seven Mile Road - Sanitary trunk sewer - westerly along Seven Mile Road to Flamingo Avenue - northerly along Flamingo Avenue to Bretton Drive, and 2) Further extension of line westerly and northerly through Sections 2 and 3; 3. That if such advance be made, the applicant shall provide or make necessary arrangements to provide such funds, in addition to the advance, as may be required to defray the cost of the plan preparation of such public works; 4. That said William J. Strasser is hereby authorized to furnish such information and take such action as may be necessary to enable the applicant to qualify for the advance; 5. That the officer designated in the preceding paragraph is hereby designated as the authorized representative of the applicant for the purpose of furnishing to the United States such information, data, and documents pertaining to the application for an advance as may be required; and otherwise act as the authorized representative of the applicant in connection with this application; 6. That certified copies of this resolution be included as part of the application for an advance to be submitted to the United States. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McCann, Daugherty and McNamara. NAYS: None. The Vice President declared the resolution adopted. On motion of Councilman McCann, seconded by Councilman Dooley and unanimously adopted, this 403rd regular meeting of the Council of the City of Livonia was duly adjourned at 11:00 P. M., April 3, 1963. L .. 6"t-- _.-- � ---— ) ( `--�-' M 'ie W. Clark, City Clerk )