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HomeMy WebLinkAboutCOUNCIL MINUTES 1968-08-28 9816 L MINUTES OF THE SIX HUNDRED TWENTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 28, 1968, 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 8:12 P. M. Councilman Milligan delivered the invocation. Roll was called with the following result: Present--Edward H. McNamara, Rudolf R. Kleinert, Robert E. McCann, Robert F. Nash, and Edward G. Milligan. Absent--Peter A. Ventura and Jerry Raymond. Councilman Nash wanted the record to show that Councilman Ventura is on vacation and Councilman Raymond is representing the 19th District at the Democratic Convention in Chicago and therefore both are excused from this Council meeting. Elected and appointed officials present: Virginia G. Handzlik, Deputy LCity Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, Chief Assistant City Attorney; William J. Strasser, City Engineer; David L. Jones, Water and Sewer Commissioner; Robert A. Shaw, Director of Public Works; Don Hull, City Planner; Victor C. Phillips, Budget Director; Raymond Danaher, Budget Analyst; John T. Dufour, Superintendent of Parks and Recreation; Marie Talbot, Court Clerk; Dan Andrew, Industrial Coordinator; Thomas J. Griffiths, Jr., Chief Accountant; Donald Nicholson, Director of Public Safety; Henry Sieferd, City Assessor; John E. Hiltz, Consulting Engineer; Eldon Raymond, Zoning Board of Appeals; Marvin 0. Moser, Planning Com- mission; and John Stymelski, Traffic Commission. By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was #987-68 RESOLVED, that the minutes of the 619th regular meeting of the Council of the City of Livonia, held August 21, 1968, are hereby approved. The letter from the Mayor, dated August 28, 1968, regarding the improve- ment of Newburgh Road was received and filed for the information of the Council. 98147 By Councilman Milligan, seconded by Councilman McCann, it was #988-68 RESOLVED, that the Council does hereby determine to amend, revise and change to the extent necessary the action taken in council resolution #933-68 adopted on August 14, 1968, with respect to the paving of Newburgh Road from Schoolcraft Road to Six Mile Road so as to authorize the adjust- ment and extension of the contract provided for therein between the City of Livonia and the Tony Angelo Cement Construction Company so as to provide the improvement of Newburgh Road to a width of five lanes (60 feet) for the additional estimated cost of $218,000.00 (based upon the Engineering Division's estimate of units of work involved) and subject to final payment based upon the actual units of work as constructed in accordance with the unit prices accepted in the action taken in Council Resolution #933-68; and the Council does hereby authorize an additional expenditure not to exceed $218,000.00 from the $9,800,000.00 General Obligation Road Improvement Bond Issue for this purpose; and the Mayor and City Clerk are hereby authorized to execute the contract previously authorized in Council Resolution #933-68 for and on behalf of the City of Livonia with the aforesaid bidder with the adjustment and extension provided for herein, and to do all other 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: Milligan, McCann, and McNamara. NAYS: Kleinert and Nash. The President declared the resolution adopted. The following preamble and resolution were offered by Councilman Kleinert and supported by Councilman Milligan: #989-68 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan, intends to authorize the issuance of special assessment bonds in an amount not to exceed Nine Hundred Thousand ($900,000.00) Dollars, for the purpose of defraying the special assessment districts' share of the cost of constructing street and water improvements in various special assessment districts in the City; and WHEREAS, notice of intent to issue bonds must be published at least thirty (30) days before adoption of a resolution authorizing the issuance of the same in order to comply with the requirements of Section 5 (g) of Act 279, Public Acts of Michigan, 1909, as amended; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Clerk is hereby authorized and directed to publish a notice of intent to issue bonds in the Livonia Observer, of Livonia, Michigan, a newspaper of general circulation in the City of Livonia. 2. Said notice of intent so published shall be in substantially the following form: 9848 NOTICE OF INTENT TO ISSUE BONDS PLEASE TAKE NOTICE that the City Council of the City of Livonia intends to adopt a resolu- tion authorizing the issuance of special assessment bonds of the City, in an amount not to exceed $900,000.00, for the purpose of defraying the special assessment districts1 share of the cost of constructing street and water improvements in various special assessment districts in the City. Said special assessment bonds, in addition to special assessments, shall pledge the full faith and credit of the City of Livonia. This Notice is given pursuant to the require- ments of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended. City Clerk 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McCann, Nash, and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #990-68 RESOLVED, that having considered a communication from the City Clerk dated June 7, 1968, as well as a communication from the Budget Director, dated August 1, 1968, approved for submission by the Mayor, relative to improving the public address system in the area of the City Hall utilized by the City Council in conducting its public hearings, the Council does hereby determine to authorize the expenditure of $336.40 from Account #360-17 of the General Fund Budget for the purchase of the following described equipment: (a) Two (2) Sound Spot Electro-Voice microphones @ $65.00 each (model #644) $130.00 (b) One (1) Leveller microphone, Electro- Voice model #624 (low impedance) 27.00 (c) Two (2) desk stands for microphones, Electro-Voice model #419 @ $8.00 16.00 (d) Three hundred (300) feet of 2 conductor shielded microphone cable, Alpha #1450 75.00 9849 (e) Eight (8) Cannon microphone plugs #XLR-3-12C 10.00 (f) Four (4) Cannon microphone panel receptacles for above plugs #XLR 3-13 7.60 (g) Two (2) Electro-Voice model #847 ao $35.40 70.80 Total $336.40 and the Operations Division, and the Communications Officer of the Depart- ment of Public Safety are hereby requested to do all things necessary to install the aforesaid equipment in the completion of the said public address system in the City Hall. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McCann, Nash, and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #991-68 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission, dated June 20, 1968, and the reports and recommendations dated July 22, 1968 and August 8, 1968 from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from the Colbar Enterprises Corporation for a new Dance Permit to be held in conjunction with a 1968 Class C License located at 28121 Plymouth Road, Livonia, Michigan, but does hereby determine to dis- approve the request for an Entertainment Permit to be held in conjunction therewith; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McCann, Nash, and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Nash, it was #992-68 RESOLVED, that having considered a communication from the Parks and Recreation Commission, dated August 9, 1968, approved by the Budget Director and approved for submission by the Mayor, to which is attached a statement dated May 13, 1968 from Ralls-Hamill-Becker Associates, Inc., Architects, 15223 Farmington Road, Livonia, Michigan 48154, for services rendered in connection with two proposed municipal swimming pools, (also Michigan State Inspection Fee), the Council does hereby authorize a payment in the amount of $15,503.60 to Ralls-Hamill-Becker Associates, Inc., which sum represents the amount due on a contract between the said architectural firm and the City of Livonia, dated July 13, 1967, for performing archi- tectural services in connection with the proposed construction of the said facilities; this action is based upon the Council's understanding that with respect to the taking of new bids relative to two fifty meter swimming pools 9850 the said architectural firm will perform architectural services to the City for fees in the manner outlined in the aforesaid communication; and further, the Council does hereby authorize the expenditure of the sum of $15,503.60 from the General Obligation Parks & Recreational Facilities Bond Issue for this purpose; and the City Clerk and City Treasurer are hereby requested 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: Milligan, Kleinert, McCann, Nash, and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #993-68 RESOLVED, that having considered a letter from Insco, Inc., 32401 West Eight Mile Road, Livonia, Michigan, dated July 31, 1968, with respect to the proposed use of Insta-Matic Vehicle Stabilizers in police vehicles, the Council does hereby refer the same to the Mayor for his report and recommendation. The communication dated August 12, 1968, from the Southeast Michigan Council of Governments regarding the City's membership in that Association was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman McCann, it was #994-68 RESOLVED, that with respect to the financial obligations of the Michigan State Highway Department, the Wayne County Road Commission and the City of Livonia in the Tri-Party Agreement entered into with regard to the construction of the I-96 Freeway and the possible renegotiation of the same, the Council does hereby refer this matter to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McCann, Nash, and McNamara. NAYS; Milligan. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #995-68 RESOLVED, that having considered a letter dated August 9, 1968 from Mr. Robert D. Cherry, 15504 Blue Skies, Livonia, Michigan with regard to the proposed repair and extension of a culvert for drainage purposes between Lots 64 and 65 in Greenwood Farms, the Council does hereby refer this matter to the City Engineer for his report and recommendation. 9851 By Councilman Kleinert, seconded by CoU1tamen Nash, it was #996-68 RESOLVED, that having considered a letter dated August 5, 1968 from the United States Fidelity and Guaranty Company, and having considered the report and recommendation dated October 13, 1967 from the City Engineer, approved by the Mayor and the Director of Public Works, the Council does hereby release to Gordon-Begin Company, 800 West Thirteen Mile Road, Madison Heights, Michigan, 48071, the $1 ,1100.00 Bond deposited with the City in accordance with resolution #659-60 adopted on November 114, 1960, except for the sum of $115.00, which amount shall be retained for the completion of sidewalk construction, as indicated in the aforesaid com- munication, to guaranty satisfactory improvements to be installed in Belle Mar Subdivision located in the southeast quarter of Section 23, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed; and the City Clerk and the 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: Milligan, Kleinert, McCann, Nash, and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was RESOLVED, that having considered a communication dated August 5, 1968 from the Industrial Coordinator with respect to a proposed industrial development bond issue in the amount of $1,000,000.00 for the construction of facilities to be utilized by the United States Cold Storage Corporation, the Council does hereby determine to deny the request made herein at this time for the adoption of a "resolution of intent." By Councilman McCann, seconded by Councilman Milligan, it was #997-68 RESOLVED, that having considered a communication dated August 5, 1968 from the Industrial Coordinator with respect to a proposed industrial development bond issue in the amount of $1,000,000.00 for the construction of facilities to be utilized by the United States Cold Storage Corporation, the Council does hereby determine to table this matter. A roll call vote was taken on the tabling resolution with the following result: AYES: Milligan, McCann, and McNamara. NAYS: Kleinert and Nash. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was 9852 #998-68 RESOLVED, that having considered a communication dated August 5, 1968 from the Department of Law, approved for submission by the Mayor, which transmits proposed amendments to Ordinance No. 449, the Building Code, and Ordinance No. 543, the Zoning Ordinance, relating to plot plans, grade monuments, topsoil and retention of trees, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Nash, seconded by Councilman Kleinert, it was #999-68 RESOLVED, that the Council having conducted a meeting with the Civil Service Commission and the Personnel Director, pursuant to Council Resolution #1067-67 with respect to the matter of the salary and classifi- cation of Council Secretary, the Council does hereby determine to take no further action with respect to the same at this time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McCann, Nash, and McNamara. NAYS: Milligan. The President declared the resolution adopted. The communication from William N. Ponder, Attorney, dated August 6, 1968, relative to a building permit for multiple dwellings was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #1000-68 RESOLVED, that having considered a petition from residents and taxpayers residing on Orangelawn between Farmington Road and Stark Road, dated July 1, 1968, wherein the said residents request that the said street be improved and upgraded, the Council does hereby refer this matter to the Superintendent of Operations for his report and recommendation. By Councilman Milligan, sedonded by Councilman Kleinert, it was #1001-68 RESOLVED, that having considered a letter dated August 8, 1968 from Mr. Maurice Reidy, 15618 Greenlane, Livonia, Michigan, relating to the fee charged by the General Ambulance Company for ambulance services rendered on July 28, 1968, as well as the general question of ambulance service, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McCann, and Nash. NAYS: McNamara. The President declared the resolution adopted. 9853 By Councilman Kleinert, seconded by Councilman McCann, it was #1002-68 RESOLVED, that having considered a communication from the City Assessor, dated August 8, 1968, approved for submission by the Mayor, to which are attached communications from the Bureau of Inspection dated July 9, 1968, the City Planning Department dated August 2, 1968, and the Engineering Division dated July 9, 1968 with respect to a petition dated July 2, 1968 from Michael Roth, and in accordance with the provisions of Act 288 of the Public Acts of 1968, as amended, the Council does hereby determine to approve of the proposed division of Lot 27 in the Plymouth- Levan Subdivision #2 into two parcels, the legal descriptions of which shall read as follows: Lot No. 27A North portion of Lot 27, Plymouth-Levan Subdivision No. 2, except the south 115.0 feet thereof. Part of the Southwest quarter of Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Recorded in L 90 of plats on pages 21 and 22, Wayne County Records. Lot No. 27 B South 115.0 feet of Lot 27, Plymouth-Levan Subdivision No. 2. Subject to a public easement in the east 43 feet of the south 80 feet thereof and the east 28 feet of the north 35 feet thereof. Part of the Southwest quarter of Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Recorded in L 90 of plats on pages 21 and 22, Wayne County Records. as shown on the map which is attached to the aforesaid petition which is made a part hereof by this reference; and the City Clerk is hereby re- quested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McCann, Nash, and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, and unanimously adopted, it was #1003-68 RESOLVED, that having considered a communication from the Department of Law, dated August 114, 1967, submitted pursuant to Council Resolution #1123-66, relative to the membership of the Retirement Board of the Livonia Employees Retirement System, the Council does hereby refer this matter to the Department of Law for the preparation of an amendment to Ordinance No. 77 relating to the membership of the Retirement Board, in the manner suggested in the aforesaid communication. By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was 9854 #1004-68 RESOLVED, that the Council does hereby determine that with respect to the month of September, 1968 a meeting shall not be conducted on Wednesday, September 4, 1968; with respect to the balance of the scheduled meetings to be conducted during the month of September, Council Resolution #342-68 shall continue in effect. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #1005-68 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Nash, seconded by Councilman Milligan, it was #1006-68 RESOLVED, that having considered a letter dated August 26, 1968, from Van-Allen Builders, Inc., proprietor of the Valley Wood Apartments site in the S. E. 1/4 of Section 11, City of Livonia, Wayne County, Michigan, wherein a request is made for the use of an irrevocable letter of credit, the Council does hereby determine to refer this matter to the next Study Session of the Council to be held September 11, 1968. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Nash, and McNamara. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Kleinert, it was #1007-68 RESOLVED, that having considered the report and recommendation dated May 10, 1968 from the City Planning Commission which sets forth its resolution #4-50-68 in regard to Petition 68-1-1-3, submitted by Edna and Jesse Ziegler for a change of zoning of property located at the N. E. corner of Farmington Road and Pickford in the N. W. 1/4 of Section 10, from R-1 to PS; and the Council having conducted a public hearing with regard to this matter on August 26, 1968 pursuant to resolution #595-68, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 68-1-1-3 is hereby approved and granted; and the City Planner is hereby 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. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, McCann, Nash, and McNamara. NAYS: None. *Councilman Milligan was excused at 9:24 P. M. 9855 By Councilman Kleinert, seconded by Councilman Nash, it was #1008-68 RESOLVED, that having considered a letter from the Budget Director, dated August 28, 1968, approved for submission by the Mayor, with respect to the action taken in CR#687-68, adopted on June 12, 1968, the Council does hereby determine to amend and revise CR#687-68 so as to reduce the number of police vehicles to be traded in in connection with the purchase of new vehicles from twelve trade-in vehicles to eleven trade-in vehicles and thereby reduce the $6,000.00 trade-in amount to $5,500.00 and to increase the net price to be paid to the Roger Peck Chevrolet, Inc., 32175 Grand River Avenue, Farmington, Michigan, to the amount of $21,806.60; this action was taken herein for the reasons stated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McCann, Nash, and McNamara. NAYS: None. On motion of Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, this 620th regular meeting of the Council of the City of Livonia was duly adjourned at 9:25 P. M., August 28, 1968. J . ADDISON W. BA N, y C erk