HomeMy WebLinkAboutCOUNCIL MINUTES 1966-04-20 Page 7851
MINUTES OF THE FIVE HUNDRED THIRTY-FIFTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On April 20, 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 8:01 P. M Councilman McNamara delivered the invocation. Roll was
called with the following result: Present--Peter A. Ventura, Rudolf R. Kleinert,
Edward H. McNamara, James R. McCann, 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;
Joel LaBo, Director of Public Safety; John Dufour, Superintendent of Parks and
Recreation; David L. Jones, Water & Sewer Commissioner; Victor C. Phillips, Budget
Director; Henry G Sieferd, City Assessor; Carl E. Demek, Superintendent, Operations
Division; William J. Strasser, City Engineer; John Nagy, Assistant City Planner, and
Sauro Petrucci of the Traffic Commission.
By Councilman McNamara, seconded by Councilman Nash, and unanimously
adopted, it was
#379-66 RESOLVED, that the minutes of the 534th regular meeting of the
Council of the City of Livonia, held April 13, 1966, are hereby approved.
By Councilman Salvadore, seconded by Councilman Milligan, and unanimously
adopted, it was
#380-66 RESOLVED that, pursuant to Section 21.02 of the Zoning Ordinance,
Ordinance No. 543, as amended, and Section 5, Act 207, Public Acts of
Michigan of 1921, as amended, Francis R. Bouffard, 112)40 Oxbow, Livonia,
Michigan, is hereby appointed as a member of the Zoning Board of Appeals
for the unexpired term of Robert F. Nash, commencing April 27, 1966 and
ending July 11, 1966, with all of the authority and duties set forth in
said Zoning Ordinance and Act 207.
*The President relinquished the chair to the Vice-President at 8:05 P. M.,
Lto offer the following resolution.
By Councilman Ventura, seconded by Councilman McNamara, it was
#381-66 RESOLVED, that having considered a communication dated February 22,
1966, from the City Planning Commission which sets forth its resolution
#1-6-66 in regard to Petition 65-12-2-18 submitted by David Arkin requesting
Page 7852
permission to construct and operate a franchised A & W Root Beer Drive-In
Restaurant as a waiver use on property located on the northeast corner of
Roycroft and Middlebelt Road in Section 13, which property is zoned C-2,
and the Council having afforded all parties concerned with this matter,
including Mr. Arkin, the opportunity to be heard with respect to same, the
Council does hereby reject the recommendation of the City Planning Com-
mission and the said Petition 65-12-2-18 is hereby denied, the Council hav-
ing determined as a matter of fact that the petitioner has not complied
with the requirements of the C-2 zoning classification, i.e. proposed
restaurant would be located within 200 feet of residential property, and
for the further reason that the standards set forth in Section 19.06 of
the Zoning Ordinance would not be complied with.
By Councilman Milligan, seconded by Councilman Kleinert, it was
RESOLVED, that the proposed resolution relative to Petition
#65-12-2-18 be tabled until such time as the litigation concerning same
is resolved.
A roll call vote was taken on the tabling resolution with the following result:
AYES McNamara, Kleinert, and Milligan.
NAYS: McCann, Ventura, Salvadore, and Nash
The Vice-President declared the tabling resolution denied.
A roll call vote was taken on the original resolution with the following result:
AYES: McNamara, Ventura, Salvadore, McCann, Milligan, and Nash.
NAYS: Kleinert.
The Vice-President declared the resolution adopted.
*The President resumed the chair at 8:11 P. M.
By Councilman McNamara, seconded by Councilman Salvadore, and unanimously
adopted, it was
#382-66 RESOLVED, that having considered a letter dated February 28,
1966, from the Chairman of the Historical Commission, submitted pursuant
to council resolution #1147-65, and which is in connection with the
removal of certain buildings on City owned property at 34004 Seven Mile
Road (Quaker Acres), the Council does hereby refer this matter to the
Capital Improvement Committee for its report and recommendation.
By Councilman Milligan, seconded by Councilman Salvadore, it was
#383-66 RFSOLVED, that having considered a communication from the Direc-
tor of Public Works and the Superintendent of Operations dated March 21,
1966, approved by the Mayor and Budget Director, whereby the request is
made for the transfer of certain monies in the budget for the purpose of
providing playground equipment in the Harrison and Adams Park Sites, as
well as for other improvements in park sites, the Council does hereby
refer this matter to the Capital Improvement Committee for its report and
recommendation.
Page 7853
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Nash, Salvadore, Milligan, and Ventura.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Salvadore, seconded by Councilman McNamara, it was
#384-66 RESOLVED, that having considered a letter from the Personnel
Director dated March 25, 1966, approved by the Mayor and Budget Director,
and which transmits a resolution adopted by the Civil Service Commission
on March 22, 1966, wherein the commission recommends the establishment
of the classification of Seasonal Laborer at wage grade 81 with the
following steps
WG 1 2 (1)
-81 $2.34/hr. $2.42/hr.
(1) Employee goes to $2.42 an hour at the beginning of
the second season of employment as a summer laborer;
the Council does hereby concur in and approve of the same.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Salvadore, Nash, Milligan, Kleinert, and Ventura.
NAYS: None.
*The President relinquished the chair to the Vice-President at 8:23 P. M.
By Councilman Milligan, seconded by Councilman McNamara, it was
RESOLVED, that having considered a letter dated March 16, 1966,
from the City Planning Commission regarding the disposition of the
"Wagenschutz" and "Gotsis" property, which properties are located on
Five Mile Road in the vicinity of the civic center, the Council does
hereby refer this matter to the Department of Law for its opinion as to
whether or not the monies approved in the $4,400,000.00 bond issue at
the regular City election conducted on April 4, 1966, may properly be
used for the purchase and acquisition of such property.
Councilman Kleinert cited Section 9 of Ordinance No. 27, as
amended, to challenge Councilman Milligan as having spoken on the question on the
floor more than two times, and the Chair ruled Councilman Milligan out of order.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Milligan, McNamara, and Nash.
NAYS: McCann, Ventura, Salvadore, and Kleinert.
The Vice-President declared the resolution defeated
Page 7854
By Councilman Ventura, seconded by Councilman Kleinert, it was
RESOLVED, that having considered a letter dated March 16, 1966,
from the City Planning Commission regarding the disposition of the
"Wagenschutz" and "Gotsis" property, which properties are located on
Five Mile Road in the vicinity of the civic center, the Council does
hereby request the Planning Commission to allow the owners of the said
property to build the proposed buildings on same, subject to architec-
tural approval and in accordance with the ordinances of the City.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura and Kleinert.
NAYS: McNamara, *McCann, Salvadore, Milligan, and Nash.
The Vice-President declared the resolution defeated.
*Councilman McCann made the statement that his "no" vote was made on the
basis that the resolution was unnecessary.
*The President resumed the chair at 8:40 P M.
By Councilman McNamara, seconded by Councilman McCann, it was
#385-66 RESOLVED, that having considered a letter from William N. Ponder
dated March 29, 1966, in behalf of his client, Mr. Menuck, in regard to
the improvement bond established for the Nottingham Woods Subdivision
in resolution #1045-65, as amended by resolution #337-66, the Council
does hereby amend and modify resolution #337-66 so as to permit the pro-
prietor to certify the bond improvements necessary to cover the cost of
remaining improvements in the said subdivision merely by the submission
of an irrevocable letter of credit in a form approved by the Department
of Law in the amount of $88,000.00; and the City Clerk and City Treasurer
are hereby requested to do all things necessary and incidental to the
full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result
AYES: McNamara, McCann, Kleinert, and Ventura.
NAYS: Nash, Salvadore, and Milligan.
The President declared the resolution adopted.
*Councilman Salvadore was excused at 8:50 P. M. for the balance of the
meeting.
By Councilman Milligan, seconded by Councilman McNamara, it was
#386-66 RESOLVED, that having considered the report and recommendation
dated March 25, 1966 from the Chief City Engineer, approved by the Direc-
tor of Public Works, the Council does hereby release to Mr. Robert E.
Green, 20548 Marian Place, Detroit, Michigan, 48219, the $2,000.00 bond
deposited with the City in accordance with resolution #166-58 adopted
Page 7855
on March 10, 1958, in connection with the installation of a sanitary sewer
east of Middlebelt and north of Jamison to service Lots 1 through 14 and
86 through 93 of Five Elm Park Subdivision located in Section 24, City of
Livonia, Wayne County, Michigan, it appearing from the aforementioned
report of the Chief City Engineer that all required improvements have been
satisfactorily installed; and the City Clerk is 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: McNamara, McCann, Nash, Milligan, Kleinert, and Ventura.
NAYS: None.
By Councilman Milligan, seconded by Councilman McNamara, it was
#387-66 RESOLVED, that having considered a letter from the Department of
Law dated April 5, 1966, which submits a proposed amendment to the Zoning
Ordinance, Ordinance No. 543, in connection with Petition No. 65-8-1-28
and which proposed amendment is submitted pursuant to council resolution
#330-66, the Council does hereby refer this matter to the Streets, Roads
and Plats Committee with the request that it consider and study the
question of ingress and egress of the parcel in question as well as to
the entire general area involved and thereafter submit its report and
recommendation to the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Nash, Milligan, and Ventura.
NAYS: Kleinert.
The President declared the resolution adopted.
Councilman McNamara introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 23 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO. 543,
AS AMENDED, KNONN AND CITED AS THE "CITY
OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION THERETO. (Pet. #65-9-1-36)
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.
By Councilman McCann, seconded by Councilman Nash, it was
#388-66 RESOLVED, that having considered a communication dated March 31,
1966 from the Department of Law and the Grant of Easement attached
thereto dated March 10, 1966, executed by Arbor Development Company by
Page 7856
its president Richard D. Bleznak and its secretary Frederick E. Rubin,
conveying the following easement:
12 foot wide easement whose centerline is on the
common side lot line between lots 4 and 5 of Arbor
Estates Subdivision of part of the SW 1/4 of
Section 31, T. 1 S. , R. 9 E. , City of Livonia, Wayne
County, Michigan. Parcel description: Lots 4 and 5
of Arbor Estates Subdivision of part of the SW 1/4 of
Section 31, T. 1 S. , R. 9 E. , City of Livonia, Wayne.
which easement was obtained in order to extend the sanitary sewer from
Arbor Estates Subdivision to existing homes in the area, the Council
does hereby for and in behalf of the City of Livonia accept the afore-
said Grant of Easement and the City Clerk is hereby requested to have
the aforesaid document recorded with the Wayne County Register of Deeds
office and to thereafter transmit to Arbor Development Company, 18450
Livernois Avenue, Detroit, Michigan, a copy of the recorded Grant of
Easement showing liber and page, and to do all other things neessary
or incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Nash, Milligan, Kleinert, and Ventura.
NAYS: None.
By Councilman McCann, seconded by Councilman McNamara, it was
#389-66 RESOLVED, that having considered a communication dated March 31,
1966 from the Department of Law and the Grant of Easement attached
thereto, submitted pursuant to council resolution #235-66, which Grant
is dated March 29, 1966 and executed by Gorden E. Norden and Virginia J.
Norden, his wife, conveying to the City of Livonia the following easement
in connection with the construction of the Bell Creek Sanitary Sewer in
Area 5b of Phase II of the Master Sanitary Sewer Project:
An easement in the following described parcel being
described as a strip of land 12 feet wide, 6 feet on
either side of a centerline, said centerline beginning
at a point on the south line of the parcel distant S 89°
37' 20 W, 57.00 feet from the S. E. corner of the parcel
and proceeding thence N 15° 12' 50" E, 72 50 feet; thence
N 89° 37' 20" E, 80.00 feet to a point of terminus on the
east line of the parcel being distant N 0° 25' 47" W,
70.10 feet and S 89° 37' 20" W, 60.64 feet from the
S. E. corner of lot 8 of said Bell Creek Farm's
Subdivision No. 1;
Lot 8 except that part thereof described as beginning at
the N. E. corner of lot 8 and proceeding thence S 0° 25'
47" E, along the E. lot line, 136.70 feet; thence S 89°
37' 20" W, along the S. lot line 103 feet; thence N. E.
along the brow of a hill 155.20 feet; thence N 89° 41'
53" E, along the N. lot line, 38 feet to the point of
beginning. Bell Creek Farm's Subdivision No. 1 of part
of the W 1/2 of the N. W. 1/4 of Section 15, T. 1 S.,
Page 7857
R. 9 E. , City of Livonia, Wayne County, Michigan, as
recorded in liber 74 of plats, pages 58, 59, and 60,
Wayne County records.
the Council does hereby accept for and in behalf of the City of Livonia
the aforesaid Grant of Easement and the City Clerk is hereby requested
to have the same recorded with the Wayne County Register of Deeds office
and to do all other things necessary or incidental to the full perform-
ance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Nash, Milligan, Kleinert, and Ventura.
NAYS: None.
By Councilman McNamara, seconded by Councilman McCann, and unanimously
adopted, it was
#390-66 RESOLVED, that having considered a request made by Arthur R.
Mancini, 10300 Grand River, Detroit, Michigan, 48204, for the split of
Lot 9d of Winfield Estates Subdivision into two parts, the Council does
hereby refer the same to the Department of Law for their report and
recommendation.
By Councilman McNamara, seconded by Councilman McCann, it was
#391-66 RESOLVED, that having considered the report and recommendation
of the Superintendent of Operations Division dated March 28, 1966,
approved by the Director of Public Works and the Budget Director, the
Council does hereby accept the bid of Wolverine Tractor & Equipment Co.,
25900 W. Eight Mile Road, Detroit, Michigan, 48219, for supplying the
City with one (1) Hough Model H-30R, Series B, Payloader, Front End
Loader at a total price of $11,627.00 less trade-in of one 1954 Athey
Belt Loader in the amount of $1,527.00 for a net cost of $10,100.00,
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: McNamara, McCann, Nash, Milligan, Kleinert, and Ventura.
NAYS: None.
The revised estimate for the New Fire Headquarters Building, submitted
by the Director of Public Safety on March 30, 1966, was received and filed for the
information of the Council.
By Councilman McNamara, seconded by Councilman Nash, it was
#392-66 RESOLVED, that having considered the communication dated
March 28, 1966, from the Chief of Police and the Officer in Charge of
the Traffic Bureau, approved for submittal by the Mayor, as well as a
letter dated March 23, 1966, from the Traffic Commission which transmits
its resolution #17-66 and to which is attached a copy of a letter dated
Page 7858
December 15, 1965 from the Board of Wayne County Road Commissioners;
and having considered the necessity for the installation of a traffic
signal control device to be located at the intersection of Edward Hines
Drive and Newburgh Road, as well as additional signalization work at
Newburgh and Plymouth Roads, the Council does hereby authorize the
installation of same; and having been advised that the estimated cost
of the proposed traffic signal installation is $2200.00, does hereby
approve of the City assuming 12-1/2% of the total actual cost of such
installation and, for this purpose, the Council does hereby transfer the
sum of $275.00 from the Unappropriated Surplus to the Civic Improvement
Account of the Budget; and further, it is the understanding of the City
that the Board of Wayne County Road Commissioners, upon the installation
of the said traffic control lights, will agree to pay the monthly electric
energy charges for the same to the Detroit Edison Company and that the
County will assume the full cost of maintaining such signals; and the
Board of Wayne County Road Commissioners is hereby requested to cause
such traffic signals to be installed at the said locations in an
expeditious manner; and the City Clerk and City Treasurer are hereby
requested to do all things necessary or incidental to the full perform-
ance of this resolution; and the City Clerk is hereby requested to send
a certified copy of this resolution to the Board of Wayne County Road
Commissioners to the attention of the Engineer of Traffic and Safety.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Nash, Milligan, Kleinert, and Ventura.
NAYS: None.
By Councilman Milligan, seconded by Councilman McCann, and unanimously
adopted, it was
#393-66 RESOLVED, that having considered the communication dated
March 30, 1966 from the Meri-Lynn Civic Association, regarding the
installation of small signs on existing rights-of-way as entrance markers
to Meri-Lynn Subdivision, the Council does hereby request that the
Department of Law prepare an appropriate agreement in which the City
gives authorization to the Meri-Lynn Civic Association to use necessary
portions of rights-of-way for the above stated purpose; and the Mayor
and City Clerk are herein authorized to affix their signatures for and
on behalf of the City.
By Councilman Milligan, seconded by Councilman McNamara, and unanimously
adopted, it was
#394-66 RESOLVED, that having considered a communication dated March 11,
1966 from the City Planning Commission which transmits its resolution
#2-23-66 adopted by the Commission on February 15, 1966, with regard
to Petition No. 66-1-2-2 submitted by The American Oil Company requesting
permission to erect a service station as a waiver use on property zoned
C-2 and located on the southwest corner of Five Mile Road and Merriman
Road in the Northeast 1/4 of Section 22, the 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 Commission's determination, the Council does hereby designate Monday,
Page 7859
May 23, 1966, at 7:30 p m. as the time and date for conducting a public
hearing with regard to this matter, such hearing to be held in the City
Hall, 33001 Five Mile Road, Livonia, Michigan; and the City Clerk is
hereby requested to do all things necessary in order to give proper notice
in writing as well as by the publication of a notice in the City's official
newspaper of such hearing and the date and place thereof in compliance with
the requirements set forth in Ordinance No. 543, the Zoning Ordinance of
the City of Livonia.
By Councilman Milligan, seconded by Councilman McNamara, it was
#395-66 RESOLVED, that having considered a letter from the Mayor dated
April 6, 1966 submitted pursuant to council resolution #283-66 and
having also considered a letter from the Chief City Engineer dated
February 22, 1966, approved by the Director of Public Works, wherein
expert appraisers were retained in connection with the improvement of
Farmington Road from Seven Mile Road to Eight Mile Road, pursuant to
authorization set forth in council resolution #773-65, the Council does
hereby approve and authorize payment to Mr. Daniel J Horgan, 18280
Asbury Park, Detroit 35, Michigan, in the amount of $1200.00 for his
services as an appraiser in this regard as per attached invoice, and pay-
ment to Mr. Leonard L. Youmans, 506 Ft. Dearborn, Dearborn, Michigan, in
the amount of $5850.00 for his services performed in this regard as per
attached invoice, it being the understanding of the Council that these
appraisal fees are substantially in conformance with appraisal fees used
by the Wayne County Road Commission, and further that these payments shall
be made out of the proceeds of the $1,800,000.00 Highway Bond Issue; 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: McNamara, McCann, Nash, Milligan, Kleinert, and Ventura.
NAYS: None.
The Municipal Court Report for the month of March, 1966, was received and
filed for the information of the Council.
On motion of Councilman McCann, seconded by Councilman Nash, and unani-
mously adopted, this 535th Regular Meeting of the Council of the City of Livonia
was duly adjourned at 9:07 P. M. , April 20, 1966.
ADDISON W. BACON,Allty erk