HomeMy WebLinkAboutCOUNCIL MINUTES 1966-09-26 Page 8161
MINUTES OF THE FIVE HUNDRED FIFTIETH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 26, 1966, 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 8:45 P. M. Councilman Nash 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, Jack Salvadore and
Edward G. Milligan. Absent--none.
Elected and appointed officials present: Addison W. Bacon, City Clerk;
Steve Polgar, City Attorney; Harry C. Tatigian, first Assistant City Attorney;
Don Hull, City Planner; Victor C. Phillips, Budget Director; Thomas J. Griffiths,Jr.,
Chief Accountant; Robert A. Shaw, Director of Public Works; Dan Andrew, Industrial
Coordinator; Carl E. Demek, Superintendent of Operations; David L. Jones, Water and
Sewer Commissioner; John T. Dufour, Superintendent of Parks and Recreation; Henry G.
Sieferd, City Assessor; Frank Kerby, Chief Building Inspector; James Jordan, Police
Chief; and Ed Siemert, Assistant City Engineer.
By Councilman McNamara, seconded by Councilman Kleinert, and unanimously
adopted, it was
#939-66 RESOLVED, that the minutes of the 549th regular meeting of the
Council of the City of Livonia, held September 19, 1966, are hereby
approved.
By Councilman Milligan, seconded by Councilman Kleinert, it was
#940-66 RESOLVED that, having considered the letter from the Mayor dated
September 26, 1966 relative to an appropriation of $300.00 for the Irish
Society of Livonia, to enable the said society to build a float to be
entered in a parade celebrating Columbus Day, the Council does hereby
refer this matter to the Finance Committee.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
The letter from the Mayor dated September 26, 1966, transmitting several
Page 8162
articles on "solid waste disposal", was received and filed for the information of
the Council.
By Councilman Milligan, seconded by Councilman McNamara, it was
#941-66 RESOLVED that, having considered the letter dated September 26,
1966 from the Mayor, relative to the Industrial Revenue Bond Act, the
Council does hereby refer this matter to the Legislative Committee.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
By Councilman McNamara, seconded by Councilman Raymond, and unanimously
adopted, it was
#942-66 RESOLVED, that having considered a letter dated August 26, 1966,
from William N. Ponder, Attorney, submitted in behalf of his client the
Gordon-Begin Company, with regard to the status of the Mar-Git Subdivision
No. 2 and the storm drainage problem in connection therewith, the Council
does hereby refer the same to the Chief City Engineer for his report and
recommendation.
By Councilman Nash, seconded by Councilman McNamara, and Unanimously
adopted, it was
#943-66 RESOLVED, that having considered a letter from Louis Couzens,
36531 Roycroft, Livonia, Michigan, dated July 29, 1966, with regard to
the alleged noise problem in connection with the Food Fair Supermarket
located at the intersection of Five Mile and Levan Roads, the Council
does hereby refer this matter to the Bureau of Inspection for its report
and recommendation.
By Councilman McNamara, seconded by Councilman Salvadore, and unanimously
adopted, it was
#944-66 RESOLVED, that having considered a letter from Beate L. Harter,
18050 Locherbie, Birmingham, Michigan, dated August 19, 1966, regarding
the operation of a dog kennel at 34080 Orangelawn, Livonia, Michigan, by
the Aristocrat's Institute and Kennel, Inc., the Council does hereby refer
this matter to the Department of Law for its report and recommendation.
By Councilman Salvadore, seconded by Councilman Milligan, it was
#945-66 RESOLVED, that having considered a letter from the President of
the Livonia Youth Symphony Society, Inc. dated August 18, 1966, wherein
the request is made for the payment of the remaining balance of $200.00
as authorized by council resolution #1208-65 for the Livonia Youth Sym-
phony Society, Inc., the Council does hereby approve of the said request and
the City Clerk and City Treasurer are hereby authorized to do all things
necessary or incidental for the purpose of making payment to the Livonia
Page 8163
Youth Symphony Society, Inc. for the balance of the sum of $200.00 as
previously authorized.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
By Councilman McNamara, seconded by Councilman Milligan, it was
#946-66 RESOLVED, that having considered the report and recommendation
dated August 12, 1966, from the Chief City Engineer, approved by the Mayor
and the Director of Public Works, submitted pursuant to council resolution
#657-66, the Council does hereby accept the low bid of the Weissman Con-
tracting Corporation for the installation of a 10" sanitary sewer exten-
sion under the C. & 0. Railroad for 454 lineal feet including 140 lineal
feet of 18" casing pipe, 3 manholes, restoration of all disturbed areas,
and miscellaneous related items of work, the purpose of which will be to
provide sanitary sewer service to the Awrey Bakery Company, for the esti-
mated cost of $10,968.00, the same having been in fact the lowest bid
received for this work; and further, it is the understanding of the City
Council that the Awrey Bakery Company has agreed to pay 50% of all costs
involved, and accordingly the cost of this project shall in no event ex-
ceed $5,634.00 to the City (50% of $11,268.00), including the additional
expense of acquiring a necessary permanent easement in connection with
this project; and further, the Council does hereby authorize the Mayor and
City Clerk to execute a contract for and on behalf of the City of Livonia
with the aforesaid bidder and to do all other things necessary or inci-
dental to the full performance of this resolution; and the Director of
Public Works is hereby authorized to approve any minor adjustments in the
work to be performed as the same may be deemed necessary.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, Milligan, Kleinert, McNamara, Raymond, Ventura, and Nash.
NAYS: None.
*The President relinquished the Chair to the Vice-President at 8:59 p.m.
to speak on the above motion and resumed the Chair at 9:12 p.m.
The recommendation from the Chief City Engineer, dated August 19, 1966
relative to the final Plat Approval of Blue Grass Farms Subdivision, was received
and filed for the information of the Council.
By Councilman Milligan, seconded by Councilman McNamara, it was
#947-66 RESOLVED, that having considered a letter from the Chief City
Engineer dated August 18, 1966, approved by the Mayor and Director of
Public Works, wherein it is recommended that the firm of John Psihas and
Associates, 14240 Gratiot, Detroit, Michigan, be retained as consulting
engineers for the purpose of developing the necessary plans and specifi-
cations for the City to convert its civic center complex to an underground
Page 8164
primary power system and underground telephone wiring, the Council does
hereby refer the same to the Finance Committee for its report and recom-
mendation; further, the Council requests that the Finance Committee, in
conjunction with the firm of John Psihas and Associates, obtain additional
advice on the difficulties involved in the installation of underground
trunk lines on main roads.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
By Councilman McNamara, seconded by Councilman Nash, it was
#948-66 WHEREAS, the City of Livonia has by Council Resolution #596-66
indicated its approval of the proposed route of a portion of Interstate
Route Number 96 (I-96) as proposed by the Michigan State Highway Commis-
sion along Schoolcraft Highway from Inkster Road to the westerly limits of
the City of Livonia and thence in a northerly direction easterly of
Haggerty Road from Five Mile Road to Eight Mile Road within the corporate
limits of the City of Livonia, and
WHEREAS, a portion of M-14 (Plymouth Road) is in need of construc-
tion and reconstruction from Inkster Road to Ann Arbor Road, within the
corporate limits of the City of Livonia, which section of road will then
be released to the City of Livonia upon completion of the proposed I-96,
and
WHEREAS, both of these highways will become an integral part of
the City of Livonia's major thoroughfare system and more important, an
integral part of the County of Wayne's primary road system, and
WHEREAS, the City of Livonia is in need of the County Road Com-
mission's vast experience and knowledge in the highway field to extent
that the design and construction of the proposed improvements best serve
not only the needs of the City of Livonia but also the needs of the County
of Wayne, and also in need of its financial assistance in both of the
projects,
NOW THEREFORE, BE IT RESOLVED that the City Council of the City
of Livonia requests the Board of County Road Commissioner's of the County
of Wayne join in a tri-party agreement with the City and the Michigan
State Highway Commission in the same manner and to the extent as previously
done with other communities by assuming 50% of the cost allocated to the
City of Livonia, and
BE IT FURTHER RESOLVED that the Board of County Road Commission's
also join with said parties in the construction and reconstruction of M-14
(Plymouth Road) from Inkster to Ann Arbor Road, and consider assuming 50%
of the cost allocated to the City of Livonia and thereafter when "turned
back" by the Highway Commission that the County Road Commission assume
jurisdiction thereof as a major county road.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are em-
powered to do all things necessary or incidental to the full performance
of this resolution.
Page 8165
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
By Councilman Milligan, seconded by Councilman McNamara, it was
#949-66 RESOLVED, that having considered a letter from the Personnel
Director dated August 3, 1966, approved by the Mayor, which transmits a
resolution adopted on July 26, 1966 by the Civil Service Commission,
wherein it is proposed that a classification of Police Matron be estab-
lished, such classification to be compensated at a flat rate of $2.50 per
hour at Salary Grade 85, this being the maximum rate for this salary grade,
and that no additional benefits beyond the hourly compensation being
afforded to this classification, and that the minimum call-in pay be set
for at least four (4) hours whether the employee works a full four (4)
hours or not, the Council does hereby approve of and concur in such action.
A roll call vote was taken on the foregoing resolution with the following result:
AYFS: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Milligan, it was
#950-66 RESOLVED, that having considered a letter from the Personnel
Director dated July 21, 1966, approved by the Mayor, which transmits a
resolution adopted on July 12, 1966 by the Civil Service Commission,
wherein it is recommended that a classification of Traffic Analyst be
established at Salary Grade 107 with three years to the maximum in the
following salary range:
Minimum
Ste 16
$5-,W4.00
$6,0M-6-6
,0 273. Step 3 $6, 4
0 x323.20 $6,572.80
5 72.. 0
the Council does hereby approve of and concur in such action.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
By Councilman Nash, seconded by Councilman McNamara, it was
#951-66 RESOLVED, that having considered a letter from the Personnel
Director dated August 12, 1966, submitted pursuant to council resolution
#630-66 relative to the manner of effecting council resolution #181-66
with respect to providing an increase to reflect prior experience for
personnel upon reclassification and promotion to the classification of
Sewer Maintenance Man, the Council does hereby refer this matter back to
the Civil Service Commission with the request that an exception be made
in this case, so as to waive the provisions of the Compensation Plan and
thereby affording adjustment in the manner indicated.
Page 8166
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Nash, it was
#952-66 RESOLVED, that having considered a letter from the City Assessor
dated August 16, 1966, approved by the Mayor, with respect to an invoice
for services rendered submitted by the Board of Wayne County Auditors,
Invoice No. 33727, in the amount of $11,682.76, such services being for
the printing of the tax rolls, tax bills and other general services for
the fiscal year commencing December 1, 1965 and ending November 30, 1966,
the Council does hereby authorize the transfer of $3,182.76 from the
Anticipated Surplus Account to Account No. 140-19 for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
By Councilman McNamara, seconded by Councilman Raymond, it was
#953-66 RESOLVED, that having considered a letter from the Industrial
Coordinator dated August 17, 1966, concurred in by the Department of Law
and approved for submission by the Mayor, with respect to the acquisition
of Bureau of Taxation Parcel 26E2a, which is necessary in order to provide
the right-of-way for the Industrial Road, the Council does hereby authorize
the Department of Law to acquire the permanent right-of-way for the
Industrial Road from the owners of Parcel 26E2a for the price of $1842.00,
as well as obtain from them a subrogation agreement for such claims as
they may have for alleged sand removal by the DiPonio Company; and further,
the sum of $1842.00 is hereby authorized to be expended from the proceeds
of the Industrial Road Special Assessment District, Part II, Funds for
this purpose; and all prior resolutions with respect to this matter are
hereby amended and modified to the extent that they are inconsistent with
this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Raymond, it was
#954-66 RESOLVED, that having considered the report and recommendation
dated May 23, 1966 from the City Planning Commission which sets forth its
resolution #5-85-66 in regard to Petition 65-10-1-37 submitted by Harold
Thomas for a change of zoning approximately 671 feet south of Five Mile
Road between Beatrice and Middlebelt Road in the North 1/2 of Section 23
from RUFA to C-2, and the Council having conducted a public hearing with
regard to this matter on July 27, 1966 pursuant to resolution #622-66, the
Council does hereby reject the recommendation of the Planning Commission
and said Petition 65-10-1-37 is hereby approved and granted; and the City
Page 8167
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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
By Councilman McNamara, seconded by Councilman Nash, it was
#955-66 RESOLVED, that having considered communications dated July 13,
1966 and September 14, 1966, from the Michigan Liquor Control Commission,
and the report and recommendation dated August 19, 1966 from the Mayor
submitted for the Director of Public Safety in connection therewith, re-
garding an application from Harper H. Cunningham and John J. Jonascu for
a new full year Class C license (previously approved by council resolution
#210-62, as amended by council resolution #1136-65 to add John J. Jonascu
as a partner) to be located at 36049 Plymouth Road in lieu of 36401 Plymouth
Road, Livonia, Michigan, the Council does hereby determine that the loca-
tion of 36049 Plymouth Road, Livonia, Michigan, is zoned C-2 within which
classification a Class C licensed business may be permitted as a waiver use
upon receiving the approval of the City Planning Commission and the City
Council; 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
By Councilman Nash, seconded by Councilman Salvadore, it was
#956-66 RESOLVED, that having considered a letter dated July 13, 1966
from the Michigan Liquor Control Commission and the report and recommenda-
tion dated August 23, 1966 from the Mayor submitted for the Director of
Public Safety in connection therewith, the Council does hereby approve
of the request from Alfred L. and Daniel L. Rogala for a new Dance Permit
to be held in conjunction with a 1966 Class C license located at 39305
Plymouth Road, Livonia, Michigan; 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: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Milligan, it was
#957-66 RESOLVED, that the Chief City Engineer having filed with the City
Clerk a statement dated July 1, 1965 on all matters required by Section
Page 8168
3.03 of Ordinance No. 401, as amended, and a first public hearing having
been held thereon on July 13, 1966, after due notice as required by
Section 3.04 of said ordinance, and careful consideration having been
given to all such matters, the Council does hereby, pursuant to Section
3.05 of said ordinance:
1) accept and approve said statement in all respects;
2) determine to make the improvement consisting of the
installation of sidewalks on Lyndon Avenue from Sunset
Street to Henry Ruff Road located in the West 1/2 of
Section 23 in the City of Livonia, Wayne County, Michigan,
as described in said statement; and defray the cost of
such improvement by special assessment upon the property
especially benefited in proportion to the benefits derived
or to be derived;
3) approve the plans and specifications for the improvement
as set forth in said statement dated July 1, 1965;
4) determine that the estimated cost of such improvement is
$9,019.29;
5) determine that the cost of said improvement shall be paid
for in part by special assessments on the property benefited
thereby and in part by the City at large, in proportions
hereafter established;
6) that the proportion of the cost and expense of said improve-
ment to be borne and paid by the City shall be 30.00 and
that the balance of said cost and expense of said public
improvement amounting to $9,019.29 shall be borne and paid
by special assessments on all lands and premises in the
special assessment district as herein established in pro-
portion to the benefits to be derived therefrom;
7) determine that assessments made for such improvement may be
paid in ten (10) annual installments together with interest
thereon in the amount of four per cent (4%) per annum on
unpaid balance;
8) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows:
A special assessment district located in the W. 1/2
of Section 23, T. 1 S. , R. 9 E., City of Livonia,
Wayne County, Michigan, more particularly described
below:
Beginning at the center 1/4 corner of Section 23 and
proceeding thence S. 0° 08' 17" E. 223 feet; thence
N. 89° 59' 55" W. 461.92 feet; thence S. 56° 17' 12"
W. 48.09 feet; thence N. 89° 59' 55" W. 780.0 feet;
thence N. 0° 00' 05" E. 289.72 feet; thence N. 89°
59' 55" W. 650.33 feet along the East and West 1/4
line of Section 23; thence N. 0° 12' 20" E. 54.22 feet
along the centerline of Bainbridge Avenue (55 feet
Page 8169
wide); thence S. 89° 591 55" E. 650.33 feet; thence
due North 95.78 feet; thence S. 89° 59' 55" E. 881.88
feet; thence North 0° 08' 17" W. 100.0 feet; thence
S. 89° 59' 55" E. 443.0 feet; thence S. 0' 08' 17"
E. 293 feet along the North-South 1/4 line to the
point of beginning;
9) that the City Assessor is hereby directed to prepare a
special assessment roll including all lots and parcels of land
within the above district designated by the Council and to
assess to each such lot or parcel of land such relative portions
of the whole sum to be levied against all lands in the special
assessment district as the special benefits to such lots or
parcels of land bear to the total benefit of all land and also
to enter upon such roll the amount which has been assessed to
the City at large, all in accordance with the determination of
the City Council;
10) that upon the completion of said roll the City Assessor shall
attach thereto the certificate required by the provisions of
Section 3.07 of Ordinance No. 401, as amended, of the City of
Livonia and file the same with the City Clerk who thereupon
is directed to present same to the City Council prior to the
holding of the second public hearing thereon required by
Section 3.08 of the said ordinance.
By Councilman Raymond, seconded by Councilman Nash, it was
RESOLVED, that the item relative to the installation of sidewalks
on Lyndon Avenue, from Sunset Street to Henry Ruff Road, be referred to the
next Study Meeting of the Council.
A roll call vote was taken on the referring motion with the following result:
AYES: Nash, Raymond and Ventura.
NAYS: Salvadore, Milligan, Kleinert, and McNamara.
The President declared the motion denied.
A roll call vote was taken on the original resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, and Raymond.
NAYS: Ventura.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman McNamara, and unanimously
adopted, it was
#958-66 RESOLVED, that having considered a communication dated September 22,
1966 from the City Planning Commission which transmits its resolution
#9-146-66 adopted by the Commission on September 6, 1966 with regard to
Petition #66-7-2-16 submitted by Grand River Avenue Baptist Church request-
ing a waiver use permit for the construction of church facilities on
Page 8170
property zoned R4B (Parcel 09E3) and located on the north side of Six Mile
Road between Farmington Road and Burns Drive in the S. W. 1/4 of Section
9, the Council does hereby concur in the recommendation of the City Plan-
ning Commission that only a portion of the area of Waiver Use Petition
66-7-2-16 shall be approved and granted, such area being described as
follows:
Limited to a 400' x 800' rectangle located in the
southeasterly corner of the property petitioned
for; said rectangle having 400 feet of frontage
along Six Mile Road and 800 feet of depth north
from the north right-of-way line of Six Mile Road.
At 9:55 p.m., a recess was called, after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting.
By Councilman Salvadore, seconded by Councilman Nash, it was
#959-66 RESOLVED, that having considered a letter from the Chief City
Engineer dated August 29, 1966, approved by the Director of Public Works,
which submits supplemental information in connection with the Arcola
Avenue Paving Assessment Project and the apportionment of the assessments
in connection therewith, the Council does hereby refer the same to the
Streets, Roads and Plats Committee for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
By Councilman McNamara, seconded by Councilman Raymond, it was
#960-66 RESOLVED, that the Industrial Coordinator be requested to request
the Chesapeake & Ohio Railroad to waive the $300.00 charge for acquiring
the necessary permanent easement for the Farmington Sanitary Sewer Exten-
sion to Awrey Bakery property, in view of the benefits they, the City and
the Chesapeake & Ohio Railroad, will derive from the industries that will
be serviced by this sewer.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
By Councilman Nash, seconded by Councilman McNamara, it was
#961-66 RESOLVED, that having considered a letter from the Director-
Secretary and President of the Livonia Housing Commission dated July 27,
1966, wherein it is requested that the Council approve the compensation
rate to be paid to the part-time secretary of the commission, the Council
does hereby refer this matter to the Finance Committee for its report and
recommendation.
Page 8171
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: Salvadore.
The President declared the resolution adopted.
The letter from the City Clerk relative to fees received from Michigan
Department of Health for Vital Statistics Registrations, was received and filed for
the information of the Council.
The letter from the Mayor dated August 8, 1966 relative to Community Swim
Pools, was received and filed for the information of the Council.
By Councilman McNamara, seconded by Councilman Nash, and unanimously
adopted, it was
#962-66 RESOLVED, that having considered a letter from the City Planning
Commission dated August 22, 1966 which transmits resolution #8-128-66
adopted by the commission on August 9, 1966, wherein it is recommended
that Petition 66-6-6-10 be approved whereby certain amendments be made to
the Zoning Ordinance providing for site plan approval by the City Planning
Commission in C-1, C-2 and PS Districts, the Council does hereby refer
this matter to the Legislative Committee for its report and recommendation.
By Councilman Salvadore, seconded by Councilman McNamara, it was
#963-66 RESOLVED, that having considered a letter from the Department of
Law dated August 25, 1966, regarding the case of Robert Herndon vs City of
Livonia, Wayne County Circuit Court No. 320-964, and the proposed settle-
ment with respect to the same, the Council does hereby concur in the
recommendation made by the Department of Law and does authorize the Depart-
ment of Law to enter into the necessary stipulations and pleadings dismis-
sing this litigation, with prejudice, upon the payment to the Plaintiff of
the sum of 8400.00; and further, the Council does hereby authorize the
expenditure of $400 from the Water Surplus Funds for this purpose; and
further, the City Clerk and the City Treasurer are hereby authorized to do
all things necessary which are incidental to the fulfillment of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
By Councilman McNamara, seconded by Councilman Nash, and unanimously
adopted, it was
#964-66 RESOLVED, that having considered a letter from the Department
of Law dated September 14, 1966, submitted pursuant to council resolution
Page 8172
#749-66, and which submits proposed amendments to the Traffic Ordinance
in connection with the Traffic Rules and Regulations authorized therein,
the Council does hereby refer this matter to the Legislative Committee
for its report and recommendation.
By Councilman McNamara, seconded by Councilman Salvadore, it was
RESOLVED, that having considered a communication dated July 15,
1966 from the City Planning Commission which sets forth its resolution
#7-117-66 adopted by the Commission on July 12, 1966, in regard to
Petition 66-6-2-12 submitted by Livonia Coin Wash, Inc. requesting a
waiver use permit to construct and operate an automatic coin operated car
wash to be located on the south side of Plymouth Road between Farmington
Road and Stark Road in the Northeast 1/4 of Section 33 (Parcel 33D), which
property is zoned C-2, the City Planning Commission having made a recom-
mendation of denial with respect to same and the petitioner having filed
an appeal with the City Clerk within ten (10) days from the Commission's
determination, and the Council having conducted a public hearing on
September 7, 1966 pursuant to council resolution #805-66, the Council does
hereby reject the recommendation of the City Planning Commission and said
Petition 66-6-2-12 is hereby approved and granted, the Council having
determined as a matter of fact that petitioner has complied with the
requirements of the C-2 zoning classification and the standards set forth
in Section 19.06 of the Zoning Ordinance.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore and McNamara.
NAYS: Nash, Milligan, Kleinert, Raymond, and Ventura.
The President declared the resolution denied.
By Councilman Kleinert, seconded by Councilman Milligan, it was
#965-66 RESOLVED, that having considered a communication dated July 15,
1966 from the City Planning Commission which sets forth its resolution
#7-117-66 adopted by the Commission on July 12, 1966, in regard to
Petition 66-6-2-12 submitted by Livonia Coin Wash, Inc. requesting a
waiver use permit to construct and operate an automatic coin operated car
wash to be located on the south side of Plymouth Road between Farmington
Road and Stark Road in the Northeast 1/4 of Section 33 (Parcel 33D),
which property is zoned C-2, the City Planning Commission having made a
recommendation of denial with respect to same and the petitioner having
filed an appeal with the City Clerk within ten (10) days from the Commis-
sion's determination, and the Council having conducted a public hearing on
September 7, 1966 pursuant to council resolution #805-66, the Council does
hereby concur with the recommendation of the City Planning Commission and
said Petition 66-6-2-12 is hereby denied for the same reasons as those
set forth in the Planning Commission's denial.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Milligan, Kleinert, Raymond, and Ventura.
NAYS: Salvadore and McNamara.
The President declared the resolution adopted.
Page 8173
By Councilman Nash, seconded by Councilman Milligan, and unanimously
adopted, it was
#966-66 RESOLVED, that having considered the report and recommendation
dated April 19, 1966, from the City Planning Commission which sets forth
its resolution #3-54-66 in regard to Petition 66-1-6-1 initiated by the
City Planning Commission on its own motion to determine whether or not to
amend Ordinance No. 543, the Zoning Ordinance, as amended, by repealing
Section 11.03, Waiver Uses, and by adding Article XXV, C-3 District
Regulations, and the Council having conducted a public hearing with regard
to this matter on September 7, 1966 pursuant to resolution #750-66, and
the Legislative Committee of the Council having recommended that approval
to the proposed amendment be denied in a report dated July 13, 1966, the
Council does hereby reject the recommendation of the Planning Commission
and said Petition 66-1-6-1 is hereby denied.
By Councilman Milligan, seconded by Councilman Nash, and unanimously
adopted, it was
#967-66 RESOLVED, that having considered the report and recommendation
dated May 23, 1966 from the City Planning Commission which sets forth its
resolution #5-86-66 in regard to Petition 66-4-6-6 initiated by the City
Planning Commission on its own motion to determine whether or not to
amend Ordinance No. 543, the Zoning Ordinance, as amended, to create
industrial park provisions in M-1 and M-L Districts, and the Council hav-
ing conducted a public hearing with regard to this matter on September 7,
1966 pursuant to resolution #750-66, and the Legislative Committee of the
Council having recommended in its report dated July 13, 1966 that the
recommendation of the City Planning Commission to create industrial park
provisions in M-1 and M-L Districts be modified so as to delete the words
"to the satisfaction of the Bureau of Inspection" from Sections 15.09 (c)
and 16.10 (b) and that the proposed amendments be adopted with such changes,
the Council does hereby concur with the recommendation of the City Planning
Commission as modified in the aforesaid manner and the said Petition
66-4-6-6 is hereby approved and granted; and the Department of Law is
hereby requested to prepare an ordinance amending Ordinance No. 543 in
accordance with this resolution.
By Councilman McNamara, seconded by Councilman Milligan, it was
#968-66 RESOLVED, that having considered a letter from the Chief City
Engineer, the Planning Director and the Industrial Coordinator, dated
June 10, 1966, approved by the Director of Public Works, wherein it is
requested that certain funds be transferred for the purpose of authorizing
the Engineering Division to prepare plans and specifications and advertize
for bids to have the Engineering Building air-conditioned, the Council
does hereby refer this matter to the Finance Committee for its report and
recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura.
NAYS: None.
Page 8174
By Councilman Milligan, seconded by Councilman McNamara, it was
#969-66 RESOLVED, that having considered a letter from the President of
the Livonia National Bank dated September 3, 1966, to which is attached an
article which appeared in the American Banker Magazine with respect to
investment of Municipal funds in certificates of deposit at local banking
institutions, the Council does hereby refer this matter to the Finance
Committee for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond and Ventura.
NAYS: None.
By Councilman Salvadore, seconded by Councilman McNamara, it was
#970-66 RESOLVED, that having considered the report and recommendation
of the Chairman of the Water and Sewer Board dated August 31, 1966,
approved by the Mayor, the Council does hereby accept the bid of Bill
Brown, Inc. , 32222 Plymouth Road, Livonia, Michigan, for supplying the
City (Sewer Maintenance Section of the Operations Division) with one new
current Model 2 Ton Dump Truck Chassis with trade-in of one 1950 Ford
F-600 Dump Truck (Vehicle #312) for the net price of $2,729.14, such
having been in fact the lowest bid received for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
*Councilman Milligan disqualified himself from voting, and his vote was
not recorded.
By Councilman McNamara, seconded by Councilman Nash, it was
#971-66 RESOLVED, that having considered the report and recommendation
of the Chairman of the Water and Sewer Board dated August 31, 1966,
approved by the Mayor, the Council does hereby accept the bid of Stark
Hickey West, Inc., 214.760 West Seven Mile Road, Detroit, Michigan, for
supplying the Water and Sewer Divisions of the City with two new current
Model Ford F-100 Stepside Pickup Trucks each, at a cost of $2,815.42 to
the Sewer Division and $2,995.42 to the Water Division, for a net price
of $5,810.84, such having been in fact the lowest bid received for this
item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
*Councilman Milligan disqualified himself from voting, and his vote was
not recorded.
Page 8175
By Councilman Salvadore, seconded by Councilman Nash, it was
#972-66 RESOLVED, that having considered the report and recommendation
of the Chairman of the Water and Sewer Board dated August 31, 1966,
approved by the Mayor, the Council does hereby accept the bid of Bill
Brown, Inc., 32222 Plymouth Road, Livonia, Michigan, for supplying the
City (Water Operations Section) with one new 1967 Model Ford F-500,
156" 1-1/2 ton truck chassis for the price of $2,091.63, such having been
in fact the lowest bid received for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
*Councilman Milligan disqualified himself from voting, and his vote was
not recorded.
By Councilman Kleinert, secon ded by Councilman McNamara, it was
#973-66 RESOLVED, that having considered a letter from the Chairman of
the Water and Sewer Board dated August 31, 1966, approved by the Mayor,
which submits a resolution adopted by the Water & Sewer Board on August 29,
1966, #WS 819 8/66, wherein it is recommended that all bids received in
connection with the proposed 1966 Hydrant Installation Program be rejected
and that the Operation division of the Department of Public Works be
authorized to complete said work, the Council does hereby approve of and
concur in such action, it being the understanding of the Council that such
work will be performed by the Operations Division at an estimated cost of
$11,000.00, which amount is appropriated in the current Water & Sewer
Budget.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
By Councilman Nash, seconded by Councilman McNamara, it was
#971 -66 RESOLVED, that having considered the report and recommendation of
the Water and Sewer Board dated August 31, 1966, approved by the Mayor,
the Council does hereby accept the bid of Gar Wood Detroit Truck Equipment
Inc., 21083 Mound Road, Warren, Michigan, for supplying the City (Sewer
Maintenance Section of the Operations Division) with one new current
Model Gar Wood Model A30, 3 x 5 Dump Box and Gar Wood Model GA2 Hoist
Mounted for a new price of $985.50, such having been in fact the lowest
bid received for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
Page 8176
By Councilman McNamara, seconded by Councilman Nash, it was
#975-66 RESOLVED, that having considered a letter from the Assistant
County Highway Engineer of the Board of Wayne County Road Commissioners
dated September 13, 1966, submitted pursuant to council resolution #628-66,
and which transmits five copies of a proposed agreement between the City of
Livonia and the Board of Wayne County Road Commissioners for the acquisi-
tion of right-of-way on Five Mile Road between Inkster and Eckles Roads,
the Council does hereby refer the same to the Streets, Roads and Plats
Committee for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: None.
The report of the Municipal Court for the Month of August, 1966, was
received and filed for the information of the Council.
By Councilman McNamara, seconded by Councilman Nash, and unanimously
adopted, it was
#976-66 RESOLVED, that the Council does hereby request that the Legis-
lative Committee submit its report and recommendation relative to the
establishment of a policy on behalf of the City which will govern the
matter of ownership of open space land in subdivisions where such open
space has been reserved for public use, particularly with respect to
cluster-type subdivisions which are submitted under the special waiver
use standards established under Article XX of Ordinance No. 5L3 for open
space planned residential developments.
By Councilman Kleinert, seconded by Councilman McNamara, and unanimously
adopted, it was
#977-66 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 McNamara, seconded by Councilman Kleinert, it was
WHEREAS, it is necessary to clean out, relocate, widen, deepen,
straighten and tile the Blue Drain, a County drain located entirely within
the limits of the City of Livonia, the location and route thereof being
generally described as follows:
Beginning at a point on Middlebelt Road
where the existing Blue Drain intersects said road
and proceeding thence westerly and southerly
approximately along said existing Blue Drain to
Schoolcraft Road.
AND WHEREAS, in the opinion of the City Council, the cleaning
out, relocating, widening, deepening, straightening and tiling of said
Page 8177
drain is necessary for the public health of the City of Livonia, and
the entire cost thereof, except that part representing benefits to State
and County highways, should be assessed against the City of Livonia for
public health;
AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956,
as amended (the Drain Code of 1956) provides a feasible method of financing
the cost of said drain improvements where the same is necessary for the
public health of the City and where the entire cost of the drain improve-
ments is to be assessed wholly against public corporations, as defined in
said Chapter 20;
AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan,
1956, as amended, provides as follows:
Sec. 486. The terms of this chapter shall be
applicable to any county drain located, or proposed
to be located entirely within the limits of a single
city, village or township, if such public corpora-
tion shall consent thereto by resolution adopted by
its governing body. In such case any petition re-
quired to be filed hereunder shall be sufficient if
signed by such public corporation only.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council, for and on behalf of the City of
Livonia, does hereby consent to the making of the provisions of Chapter 20
of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the
cleaning out, relocating, widening, deepening, straightening and tiling of
the Blue Drain along the route set forth in the preamble hereof, and does
hereby consent to the location, establishing and constructing of said drain
improvements pursuant to said Chapter 20 of Act 40, Public Acts of Michigan,
1956, as amended.
2. The proposed drain improvements set forth in the
preamble hereof being necessary for the public health of the City of
Livonia, the Mayor and the City Clerk are hereby authorized and directed
to sign, for and on behalf of the City of Livonia, a petition praying for
the cleaning out, relocating, widening, deepening, straightening and
tiling of the drain along the route set forth in the preamble hereof,
pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as
amended, which said petition, when signed, shall be filed with the County
Drain Commissioner of the County of Wayne, Michigan, together with a
certified copy of this resolution.
3. In the event the proposed drain improvements herein
authorized to be petitioned for is for any reason not financed or con-
structed pursuant to the petition duly filed, the City shall assume and
pay all cost incurred by the statutory drainage board in acting upon
said petition pursuant to the requirements of the law.
4. All resolutions and parts of resolutions insofar
as they conflict with the provisions of this resolution be and they hereby
are rescinded.
Page 8178
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Milligan, Kleinert, and McNamara.
NAYS: Nash, Salvadore, Raymond, and Ventura.
The President declared the resolution denied.
By Councilman Milligan, seconded by Councilman McNamara, it was
#978-66 RESOLVED, that the Council being cognizant of the recent
decision rendered by the Supreme Court of the State of Michigan which
apparently makes it mandatory for a governmental unit to provide legal
representation for those persons who are unable financially to provide
their own in cases involving misdemeanors where the prescribed punish-
ment for the offense charged is 90 days or more in jail, the Council does
hereby request that the Department of Law review the opinion of the
Supreme Court in the aforesaid case and thereafter submit its report
and recommendation regarding the applicability of the same to those per-
sons who would be charged with offenses under the City's ordinances;
further, the Council does hereby request that the Municipal Judge of the
City of Livonia render any opinions or suggestions that he would have
with respect to this matter.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Milligan, Kleinert, McNamara, Raymond, and Ventura.
NAYS: Nash and Salvadore.
The President declared the resolution adopted.
On motion of Councilman Nash, seconded by Councilman McNamara, and
unanimously adopted, this 550th Regular Meeting of the Council of the City of
Livonia was duly adjourned at 11:17 P. M., September 26, 1966.
ADDISON W. BACON, •'t; C -rk