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HomeMy WebLinkAboutCOUNCIL MINUTES 1967-02-27 8511 MINUTFS OF THE FIVE HUNDRED SIXTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 27, 1967, 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 McNamara delivered the invocation. Roll was called with the following result: Present--Peter A. Ventura, Rudolf R. Kleinert, Edward H. McNamara, Jerry Raymond, Robert F. Nash and Jack Salvadore. Absent--Edward G. Milligan. Elected and appointed officials present: Addison W. Bacon, City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, Chief Assistant City Attorney; Robert A. Shaw, Director of Public Works; William J. Strasser, Chief City Engineer; David L. Jones, Water and Sewer Commissioner; Donald Nicholson, Director of Public Safety; James Jordan, Police Chief; Don Hull, City Planner, Dan Andrew, Industrial Imp Coordinator; Henry Sieferd, City Assessor; Carl E. Demek, Supt. of Operations Division; John T. Dufour, Director of Parks and Recreation; Victor C. Phillips, Budget Director; Thomas Griffiths, Jr. , Chief Accountant; and Frank Kerby, Chief Building Inspector. The following resolution was offered by Councilman Raymond: RFSOLVED, that the minutes of the 564th regular meeting of the Council of the City of Livonia, held February 20, 1967 are hereby approved as a true record of the meeting of February 20, 1967; however, the Council does hereby determine to rescind therefrom Item No. 6 with respect to the approval set forth in council resolution #192-67 insofar as the approval of establishing the classification of Chief City Engineer in the Classified Service at the maximum rate of $15,516. Councilman Kleinert requested a division of the question. A roll call vote was taken on the second part of the question: 225-67A RESOLVED, that the Council does hereby determine to rescind from council resolution #192-67 Item No. 6, insofar as the approval of establishing the classification of the Chief City Engineer in the Classified Service at the maximum rate of S15,516. with the following result: 8512 LAYES McNamara, Raymond, Salvadore and Ventura. NAYS: Nash and Kleinert. roll call vote was taken on the first part of the question. 225-67B RESOLVED, that the minutes of the 564th regular meeting of the Council of the City of Livonia, held February 20, 1967 are hereby approved as a true record of the meeting of February 20, 1967. with the following result AYES McNamara, Raymond, Nash Salvadore, Kleinert and Ventura. NAYS None. Tht. President declared resolution #225-67 adopted. By Councilman Raymond, seconded by Councilman Salvadore, it was 4226-67 RESOLVED, that the position of Chief City Engineer in the City of Livonia be made an appointive position, the appointment to be made by the Mayor. iftwA roll call vote was taken on the foregoing resolution with the following result. AYES • McNamara, Raymond, Salvadore and Ventura. NAYS Nash and Kleinert. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman McNamara, it was #227-67 RESOLVED, that the Council does hereby determine that the salary of the Chief City Engineer shall be set at $16,000.00 per annum and does further transfer the sum of $1,000.00 from the Reserve for Contingencies Fund to Account No. 255-1. A roll call vote was taken on the foregoing resolution with the following result. AYES McNamara, Raymond, *Nash, Salvadore and Kleinert. NAYS : Ventura. The President declared the resolution adopted, *Councilman Nash wishes the record to show that, although he was still tar opposed to the position of Chief City Engineer being an appointive position, he was bowing to the wishes of the Council. By Councilman Raymond, seconded by Councilman McNamara, it was 8513 RESOLVED, that having considered the letter from the City Clerk, dated February 27, 1967, relative to a salary increase for the Deputy City Clerk, the Council does hereby approve the salary therein requested toll mall vote was taken on the foregoing resolution with the following result AYES McNamara, Raymond and Kleinert. NAYS : Nash, Salvadore and Ventura. ilk. "President declared the resolution defeated. By Councilman Nash, seconded by Councilman Salvadore, it was #228-67 RESOLVED, that having considered the letter from the City Clerk, dated February 27, 1967, relative to a salary increase for the Deputy City Clerk, the Council does hereby determine to refer this matter to the Study Meeting immediately following this Regular Meeting. A rull call vote was taken on the foregoing resolution with the following result AYES . McNamara, Raymond, Nash, Salvadore, Kleinert and Ventura. NAYS : None. By Councilman Salvadore, seconded by Councilman Nash, it was #229-67 RESOLVED, that having considered a letter dated February 27, 1967 from the Mayor, and also a letter dated February 27, 1967 from the Depart- ment of Law, submitted pursuant to CR-148-67, with regard to the acquisition of certain property located in Section 21, a 20-acre site located on the west side of Stark Road which adjoins the proposed YMCA site and which site contains all of or parts of parcels which are more commonly referred to as 21T, 21U1, 21U2, and 21V, the Council does hereby authorize the Department of Law to acquire the said property in the amount of $6,000 per acre (net), the total purchase price of which shall not exceed $120,000.00, further, the Council does hereby authorize an additional sum not to exceed $1,305.00 for the purpose of prorating city, school, and county taxes with respect to this property at the time of closing, and further, the Council does hereby authorize the expenditure of the aforesaid sums from the First Series of the $4,400,000 Park and Recreational Facilities Bonds for this purpose, with the condition, however, that if in the event a federal assistant grant in the amount of 50% from the Dept. of Housing and Urban Development under the Open-Space Land Program is approved with respect to this parcel of property, then to the extent that such federal monies are obtained the same shall be reimbursed to the foregoing General Obligation Bond Issue; and further, the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution to carry out the purpose of the same. A rull call vote was taken on the foregoing resolution with the following result AYES: McNamara, Raymond, Nash, Salvadore, Kleinert and Ventura. NAYS: None. 8514 a The minutes of the Drainage Board for the Bell Drain No. 2 (Enclosure and Branches) transmitted by the Deputy Drain Commission, were received and filed for the information of the Council. Councilman McNamara introduced the following Ordinance AN ORDINANCE AMENDING SECTION I OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. (Pet. 66-6-1-16) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Nash introduced the following Ordinance : AN ORDINANCE AMENDING SECTION 24 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. (Pet. 66-7-1-19) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman McNamara introduced the following Ordinance AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. (Pet.66-8-1-23) 8515 LThe foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. The Municipal Court report for the month of January, 1967, was received and filed for the information of the Council. By Councilman Salvadore, seconded by Councilman McNamara, and unanimously adopted, it was #230-67 RESOLVED, that having considered a letter dated February 8, 1967 from the Department of Commerce, License Division of the Michigan Liquor Control Commission, in regard to an application from Angelo DiPonio, 8262 N. Territorial Road, Plymouth, Michigan, for a new full year B-Hotel license to be located at the northwest corner of Newburgh and Six Mile Roads in Livonia, Michigan, the Council does hereby refer the same to the Committee of the Whole for its consideration along with all other such applications. LThe item relative to the cancellation of bond for Castle Gardens Subdivi- sion No. 8, was removed from the agenda pending receipt of additional information. By Councilman Kleinert, seconded by Councilman Salvadore, it was #231-67 RESOLVED, that pursuant to the report and recommendation dated January 31, 1967 from the Chief City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby amend Item No. 3 of its resolution #697-59, adopted Nov. 9, 1959 as reinstated by resolution #247-64 adopted March 18, 1964, as amend- ed by resolutions #513-64, #60o-64, #84o-64 and #38-65, so as to further reduce the financial assurances for remaining improvements in Country Homes Estates Subdivision No. 2 to a requirement of a $10,000 bond of which $2,000 shall be in cash, or in lieu thereof to a Letter of Credit in the amount of $8,000.00 plus an additional $2,000 in cash, to cover the cost of remaining improvements in Country Homes Estates Subdivision No. 2; and the financial assurances now on deposit with the City shall be reduced accordingly; 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. L AYES: McNamara, Raymond, Nash, Salvadore, Kleinert and Ventura. NAYS: None. 8516 LBy Councilman McNamara, seconded by Councilman Salvadore, it was #232-67 RESOLVED, that having considered a letter dated February 6, 1967 from the chairman of the Water and Sewer Board which transmits resolution #WS 873 12/66 of the Water and Sewer Board wherein the Board concurs with the recommendation made by the Supt. of the Operations Division in a letter dated December 13, 1966 attached thereto, relative to the purchase of one (1) 2-door sedan for the Water and Sewer section of the Operations Division, the Council does hereby refer the same to the Study Meeting of the Council to be held March 13, 1967. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Raymond, Nash, Salvadore, Kleinert and Ventura. NAYS . None. By Councilman Nash, seconded by Councilman Salvadore, it was #233-67 RESOLVED, that having considered a letter dated February 6, 1967 from the chairman of the Water and Sewer Board which transmits resolution #WS 882, 2/67 of the Water and Sewer Board wherein the Board concurs with the recommendation made by the Supt. of the Operations Division in a letter dated January 23, 1967, attached thereto, relative to the purchase of a Portable Air Compressor for the Water Maintenance Section of the Operations Division, the Council does hereby refer the same to the Study Meeting of the Council to be held March 13, 1967. A roll call vote was taken on the foregoing resolution with the following result. AYES: McNamara, Raymond, Nash and Ventura. NAYS : Salvadore and Kleinert. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman McNamara, it was #234-67 RESOLVED, that having considered the report and recommendation of the Supt. of Operations Division dated February 2, 1967, approved by the Director of Public Works and the Budget Director, and approved for submission by the Mayor, the Council does hereby accept the bid of Canton Tractor Sales, Inc., 4A5 Michigan Avenue, Wayne, Michigan, for supplying the City of Livonia (Golf Course section of the Operations Division) with one (1) new Ford, Model 21123-C, Low Center of Gravity Tractor at a cost of $2,387.00, such having been in fact the lowest bid received for this item. L A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Raymond, Salvadore, Kleinert and Ventura. NAYS: Nash. The President declared the resolution adopted. 8517 By Councilman Salvadore, seconded by Councilman McNamara, and unanimously 1110 adopted, it was #235-67 RESOLVED, that the Council does hereby request the Water and Sewer Board to submit to the Council a complete list of all major equipment that has been purchased in the last three year period, the disposition of same, and further, the number of taps the city crews have made since this operation was taken over by the City. By Councilman McNamara, seconded by Councilman Nash, it was #236-67 RESOLVED, that having considered a letter dated February 1, 1967 from the Chief City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby amend and modify council resolution #1290-66 in the following manner: Paragraph 3 shall be changed to read as follows : (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of six percent (6%) per annum on the unpaid balance of the assessment commencing from August 1, 1967. In such cases where the installments will be less than Ten Dollars tar ($10.00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1967, and subsequent installments on December 1st of succeeding years; Paragraph 4 shall be changed to read as follows- (4) Pursuant to the provisions of Section 3.10 of Ordinance No. 401, as amended, the City Clerk shall endorse the date of confirmation of the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 6.03,and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 6.03. Any property owner assessed may, within sixty (60) days commencing from August 1, 1967, pay the whole or any part of the assessment without interest or penalty, A roll call vote was taken on the foregoing resolution with the following result. AYES: McNamara, Raymond, Nash, Salvadore, Kleinert and Ventura. NAYS* None. By Councilman Salvadore, seconded by Councilman McNamara, and unanimously adopted, it was 8518 #237-67 RESOLVED, that having considered a letter dated February 10, 1967 from the City Planning Commission transmitting its resolution #1-5-67 with regard to Petition #66-10-3-11 submitted by Richard J. Zygmunt for vacating a portion of an easement located south of Grove Drive and east of Pollyanna Drive in Section 16, which easement is more fully described therein, the Council does hereby grant the said petition and Petition #66-10-3-11 is hereby approved, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was #238-67 RESOLVED, that having considered a letter dated February 10, 1967 from the City Planning Commission transmitting its resolution #1-3-67 with regard to Petition #66-10-3-12 submitted by J. W. Smelser for the vacation of an alley located south of and parallel to Seven Mile Road from Brookfield to the east line of Parcel 10W, in Section 10 the legal description of which is set out in the aforesaid petition, the Council does hereby grant the said petition and Petition #66-10-3-12 is hereby approved, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was #239-67 RESOLVED, that having considered a letter from the City Planning Commission dated February 14, 1967 transmitting its resolution #1-7-67 adopted by the Commission on January 17, 1967, wherein the Commission amends the Master Thoroughfare Plan, Part I of the Master Plan of the City of Livonia, so as to provide for a road pattern in the North 1/2 of Sections 28 and 29, between Stark Road and Levan Road, the Council does acknowledge receipt of the same. By Councilman Nash, seconded by Councilman McNamara, and unanimously adopted, it was #240-67 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act, (M.S.A. Section 5.2934), as well as Article XXIII of Ordinance 543, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, March 29, 1967 at 8.00 P.M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, on the following item Petition No. 66-9-6-13 initiated by the City Planning Commission on its own motion to determine whether or not to amend Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, by amending Section 11.03(e)(3)of Article XI to increase the height of motels from two to three stories in height, the City Planning Commission having in its resolution #1-9-67 recommended to the City Council that Petition #66-9-6-13 be denied; 8519 further, the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement indicating the nature of the proposed amendment to the Zoning Ordinance as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and the City Clerk is requested to do all things necessary or incidental to the full performance of this resolution. By Councilman McNamara, seconded by Councilman Raymond, and unanimously adopted, it was #241-67 RESOLVED, that the Council does hereby rescind resolution #34-67 adopted on January 16, 1967, and further, that the request made by Derin Construction, Inc. in behalf of Mr. and Mrs. John Harms of 34602 Dover Street, Livonia, Michigan, dated December 2, 1966 for the vacation of a portion of a public utility easement located on such property, Lot 15 of Joy Ann Subdivision, City of Livonia, Wayne County, Michigan, is hereby referred to the City Planning Commission for action and recom- mendation according to law and Ordinance No. 29, as amended. By Councilman Kleinert, seconded by Councilman Salvadore, it was #242-67 RESOLVED, that having considered a letter from the chairman of the Water and Sewer Board dated February 6, 1967, approved by the Mayor, transmitting Water and Sewer Board Resolution #WS 880 2/67 wherein it is recommended that the proposed Water Department Budget for the fiscal year 1967-68 be adopted as submitted, the Council does hereby approve the WATER DEPT. BUDGET for the fiscal year 1967-68 insofar as salaries and payrolls are concerned, but as to the balance of the budget as submitted for approval for capital improvements, etc. , the same is held in abeyance until such time as a report is received from the Water and Sewer Committee of the Council, to which it is hereby referred at this time. A roll call vote was taken on the foregoing resolution with the following result. AYES: McNamara, Raymond, Nash, Salvadore, Kleinert and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman Raymond, it was #243-67 RESOLVED, that having considered a letter from the chairman of the Water and Sewer Board dated February 6, 1967, approved by the Mayor, transmitting Water and Sewer Board Resolution #WS 881 2/67 wherein it is recommended that the proposed Sewer Department Budget for the fiscal year 1967-68 be adopted as submitted, the Council does hereby approve the SEWER DEPT. BUDGET for the fiscal year 1967-68 insofar as Salaries and payrolls are concerned, but as to the balance of the budget as submitted for approv- al for capital improvements, etc. , the same is held in abeyance until such time as a report is received from the Water and Sewer Committee of the Council, to which it is hereby referred at this time. 8520 A roll call vote was taken on the foregoing resolution with the following result AYES : McNamara, Raymond, Salvadore, Kleinert and Ventura. NAYS. None. By Councilman McNamara, seconded by Councilman Nash, and unanimously adopted, it was #244-67 RESOLVED, that having considered a letter dated January 31, 1967 from Walter E. Parr wherein he has suggested that the Council consider the adoption of an ordinance which would make it mandatory for the owners of dogs to keep the same indoors at night, The Council does hereby refer this matter to the Legislative Committee for its report and recommendation. By Councilman Kleinert, seconded by Councilman Nash, it was #245-67 RESOLVED, that having considered a letter dated February 14, 1967 from the Budget Director, approved for submission by the Mayor, which submits the recommendation of the Budget Director, Director of Public Safety, Police Chief, Fire Chief, and Supt. of Operations with regard to the police vehicle bid, the Council does hereby accept the bid of Tennyson Chevrolet, Inc. , 32570 Plymouth Road, Livonia, Michigan, 48150, for supplying the City with twelve (12) 4-door marked sedans with twelve L (12) trade-ins at a net bid price of $16,438.48, and the bid of B. J. Ratigan Chrysler Plymouth, Inc. , 30777 Plymouth Road, Livonia, Michigan, 48150, for supplying the City with three (3) four-door unmarked sedans and one (1) unmarked station wagon with two (2) trade-ins at a net bid price of $7,305.45, such having been in fact the lowest bids received for these items. A roll call vote was taken on the foregoing resolution with the following result• AYES: McNamara, Raymond, Nash, Salvadore, Kleinert and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman McNamara, and unanimously adopted, it was #246-67 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 Raymond, and unanimously Ladopted, it was #247-67 RESOLVED, that the Council does hereby take this means to request the Municipal Judge to give his report and recommendation about pending bills before the State Legislation concerning district courts, specifically House Bill No. 2171 and Senate Bill Nos. 43, 68, 69, 78 and 2093. 8521 The following resolution was unanimously introduced, supported and adopted #248-67 WHEREAS, the management of the Terrace Theater has recognized that the youth of our community have difficulty in finding varied recreational facilities at costs within their limited financial range, AND WHEREAS, the Terrace Theater is assisting in the alleviation of this proplem by raising the age limitation on lower priced entrance fees, thus reducing costs to a considerable number of our youth; AND WHEREAS, the Terrace Theater is thereby accepting an added cost of operation for the benefit of the general community and without reciprocal benefit to itself, NOW, THEREFORE, BE IT RESOLVED THAT: The Council of the City of Livonia, by its members both collec- tively and individually, does hereby take this means of expressing gratitude and appreciation to the management of the Terrace Theater for the generous and magnanimous action in offering this opportunity to the youthful residents of this City. On motion of Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, this 565th regular meeting of the Council of the City of Livonia was duly adjourned at 9.35 P. M., February 27, 1967. ADDISON W. BACON -.C; y - erk.