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HomeMy WebLinkAboutCOUNCIL MINUTES 1965-10-13 Page 7486 MINUTES OF THE FIVE HUNDRED TENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 13, 1965, 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 8.24 P. M. Councilman Pinto delivered the invocation Roll was called with the following result. Present--Rudolf R Kleinert, Peter A Ventura, Charles J Pinto, Edward G Milligan, John F Dooley, James R McCann and Edward H McNamara Absent--None Elected and appointed officials present Addison W Bacon, City Clerk, Virginia G Handzlik, Deputy City Clerk, Steve Polgar, City Attorney, Harry Tatigian, first Assistant City Attorney, Victor C Phillips, Budget Director, Robert A Shaw, Director of Public Works, Thomas J Griffiths, Jr , Chief Accountant, William J Strasser, Chief City Engineer, Daniel R Andrew, Industrial Coordinator, David Jones, Water and Sewer Commissioner, Don Hull, City Planner, Wilbert A Cooper, Director of Civil Defense and Avram Rosenthal, Chief Librarian By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #971-65 RESOLVED that, the minutes of the 509th regular meeting of the Council of the City of Livonia held October 6, 1965, are hereby approved The President announced receipt of a veto message from the Mayor, dated October 13, 1965, on the Ordinance amending Section 1 of Ordinance 220, adopted by the Council on October 6, 1965 as an emergency Ordinance Councilman McNamara re-introduced Ordinance No 546 A roll call vote was taken on Ordinance No 546, vetoed by the Mayor, with the following result AYES Dooley, McCann, McNamara, Ventura and Kleinert NAYS• Pinto and Milligan The President declared the Ordinance adopted and the Mayor's veto over-ruled By Councilman McNamara, seconded by Councilman Pinto, it was Page 7487 #972-65 RESOLVED that, having considered a communication from the City Clerk dated October 11, 1965, the Council does hereby authorize the transfer of the sum of Ten Thousand Dollars ($10,000 00) from the unallocated surplus account to account #189-1 of the Police Department Budget A roll call vote was taken on the foregoing resolution with the following result AYES: Pinto, Milligan, Dooley, McCann, McNamara, Ventura and Kleinert NAYS: None The letter from the Treasurer, dated October 11, 1965 and relative to the 1965 Tax Rate, was received and filed. The letter from the Attorney's office dated October 5, 1965, relative to Council Resolution No 872-65, was received and filed. Councilman McCann introduced the following Ordinance AN ORDINANCE AMENDING ORDINANCE NO. 77, AS AMENDED, OF THE CITY OF LIVONIA KNOWN AND CITED AS TEE "RETIREMENT PLAN ORDINANCE", BY AMENDING SECTIONS 2 09 and 4 01 THEREOF 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 Pinto, seconded by Councilman Ventura and unanimously adopted, it was #973-65 RESOLVED, that having considered a letter from the Mayor dated September 28, 1965 and submitted pursuant to Council Resolution #811-65, regarding a letter from Mr. E. J. Comeau, President of Rosedale Gardens Civic Association dated August 1, 1965, in connection with the problem of flooding in Rosedale Gardens and in the City's institution of action in order to obtain necessary storm drain facilities in order to serve the Farmington and Plymouth Road area, the Council does hereby acknowledge receipt of the aforesaid communi- cation from the Mayor and does hereby request that the City Clerk forward a copy of same to the Rosedale Gardens Civic Association to the attention of Mr E. J. Comeau, President By Councilman McNamara, seconded by Councilman Pinto and unanimously adopted, it was Page 7488 #974-65 RESOLVED, that the letter dated October 5, 1965, from the Livonia Public Schools, relative to Multiple Dwelling Units, be referred to the Planning Commission for their information, and further, the Planning Commission be requested to survey existing apartment installations in the City of Livonia to determine the present and future impact on the schools By Councilman Dooley, seconded by Councilman Pinto and unanimously adopted, it was #975-65 RESOLVED, that having considered a communication dated October 1, 1965 from the Planning Director regarding council resolutions 836-65, 420-65 and 960-64 in connection with a lot split ofGarden Farms Subdivision of part of the Northeast 1/4 of Section 12, T. 1 S , R 9 E. , City of Livonia, Wayne County, Michigan, the Council does hereby amend Council Resolution No 836-65 so as to insert in the 3rd and 5th lines of said resolution the following "Lot 95b" in lieu of "Lot 95a" as provided for therein By Councilman Dooley, seconded by Councilman Pinto and unanimously adopted, it was #976-65 RESOLVED, that having considered a letter dated October 6, 1965 from the Department of Law transmitting for acceptance a Water Main Easement executed by the Detroit Edison Company by C. F. Ogden, Administrative Vice President and H. E. Blachford, Asst Secretary, conveying to the City of Livonia, the east 10 feet of the west 43 feet of the north 150 feet of the south 360 feet of the southwest 1/4 of Section 8, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, which easement was acquired in connection with the Newburgh Road Transmission Water Main (said water main authorized by council resolu- tion #393-65) the Council does hereby accept for and on behalf of the City of Livonia the aforesaid Water Main Easement and does hereby request the Mayor and City Clerk to affix their signatures to the aforesaid documents, further, the City Clerk is hereby requested to have the Water Main Easement recorded with the Wayne County Register of Deeds and there- after to forward a copy of same to The Detroit Edison Company, 2000 Second Avenue, Detroit, Michigan, and to do all other things necessary or incidental to the full performance of this resolution By Councilman Ventura, seconded by Councilman Dooley, it was #977-65 RESOLVED, that having considered a letter from the Superintendent of Operations dated September 30, 1965, and approved by the Director of Public Works and the Budget Director, requesting therein a transfer of funds in order to effect certain purchases necessary for the operation of the Division of Operations, the Council does hereby request a detailed report setting forth the necessity for the transfer of 2400 00 to these accounts A roll call vote was taken on the foregoing resolution with the following result AYES• Pinto, Milligan, Dooley, McCann, McNamara and Ventura NAYS: Kleinert The President declared the resolution adopted Page 7489 By Councilman Dooley, seconded by Councilman Milligan and unanimously adopted, it was #978-65 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 No 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 Monday, November 15, 1965, at 8:00 o'clock P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, on Petition No. 65-8-1-21 submitted by Walter S Gross for a change of zoning on the Southwest corner of Middlebelt Road and Greenland in the Northeast 1/4 of Section 14 from RUFA to PS, the City Planning Commission having in its resolution #9-159-65 recommended to the City Council that Petition No. 65-8-1-21 be granted, and further that 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 indicat- ing the nature and location of the proposed change of zoning 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 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 Milligan and unanimously adopted, it was #979-65 RESOLVED, that having considered a letter from the Chairman of the Board of Trustees of the Livonia Employees Retirement System, which encloses a copy of a letter received from William J Patrick, President of Local 192, Negotiating Committee, American Federation of State, County and Municipal Employees, AFL-CIO, regarding proposals made for Retirement Plan changes, the Council does hereby refer the same to the Legislative Committee for its report and recommendation By Councilman Dooley, seconded by Councilman McCann, it was #980-65 RESOLVED, that having considered the report and recommendation dated October 4, 1965 from the Chief City Engineer and approved by the Director of Public Works, concerning sidewalk repair and construction on Merriman Road and Rayburn Avenue in Merri-Five Subdivision, and for reasons therein stated, the Council does hereby require the respective owners of lots and premises therein referred to, to construct, rebuild or repair sidewalks in front of, adjacent to and abutting such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution, which is made pursuant to Ordinance 446, Article 5, Section 5 5 of the ordinances of the City of Livonia, and further, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work on or before November 12, 1965 A roll call vote was taken on the foregoing resolution with the following result Page 7490 AYES: Pinto, Milligan, Dooley, McCann, McNamara, Ventura and Kleinert NAYS • None By Councilman McNamara, seconded by Councilman Pinto, it was #981-65 RESOLVED THAT, WHEREAS, the City of Livonia has undertaken drain improvements for the benefit of the Public Health in the Livonia No 1 Drainage District, at a cost of approximately $7,000,000 00, and WHEREAS, because of the need of the Public Health of the citizens of Livonia, further improvements to the Livonia No 1 Drainage District were undertaken at a cost of approximately $250,000 00, and WHEREAS, after careful study of the need for further improved drainage in the Livonia No 1 Drainage District to serve the citizens of the City of Livonia in an area west of Merriman Road for improved drainage and benefits to the Public Health of the City of Livonia, and its citizens, and WHEREAS, the City Engineer has recommended the construction of an additional trunk drain specifically described as A 72 inch tile extending westerly from the westerly line of the Merriman right-of-way (120' in width) as established, for a distance of 363 feet across the north 20 feet of Bureau of Taxation Parcel G8a, together with a temporary construction easement 30 feet in width immediately south of and adjacent to said north 20 feet of said parcel, to accomplish this purpose NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia hereby finds that the construction of a trunk drain specifical- ly described as A 72 inch tile extending westerly from the westerly line of the Merriman right-of-way (120' in width) as established, for a distance of 363 feet across the north 20 feet of Bureau of Taxation Parcel G8a, together with a temporary construction easement 30 feet in width immediately south of and adjacent to said north 20 feet of said parcel, is in the interest of the public health, welfare and convenience of the citizens of the City of Livonia and hereby petitions the Drainage Board of the Livonia No 1 Drainage District to construct said storm drain out of the surplus funds of the Livonia No 1 Drainage District Construction Account A roll call vote was taken on the foregoing resolution with the following result AYES: Pinto, Milligan, Dooley, McCann, McNamara, Ventura and Kleinert NAYS None By Councilman Dooley, seconded by Councilman Pinto, it was #982-65 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board dated September 29, 1965, and approved for submission by the Mayor, which submits a resolution adopted by the Water and Sewer Board, #WS 751 9/65, regarding a proposed Page 7491 water main extension on Fairfield Avenue, south of Five Mile Road, located in the Northwest 1/4 of Section 22, the Council does hereby concur in the recommendation made by the Water and Sewer Board that a 6 inch water main extension be extended approximately 300 feet in the manner outlined in a letter from the Chief City Engineer dated September 1, 1965 which is attached to the aforesaid communication and as shown on the map attached thereto, further, the Council does hereby authorize the sum not to exceed $1700 00 from the Improvement Account of the Water Department Budget for this purpose, such cost to be borne by the City, and the Operations Division and the Engineering Division of the Depart- ment of Public Works are hereby authorized to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES• Pinto, Milligan, Dooley, McCann, McNamara, Ventura and Kleinert NAYS None By Councilman Ventura, seconded by Councilman Milligan and unanimously adopted, it was #983-65 RESOLVED, that the Council does hereby acknowledge receipt of the annual budget of the City of Livonia for the fiscal year commencing December 1, 1965, as prepared by the Mayor and filed by the Mayor with the Council on September 15, 1965, and does hereby set a public hearing thereon to be held on Wednesday, October 27, 1965, at 7.30 P. M. , at the City Hall, 33001 Five Mile Road, Livonia, Michigan, in accordance with the provisions of Chapter VII of the City Charter, and the City Clerk shall give notice of such public hearing in accordance and pursuant to provisions of the City Charter By Councilman McNamara, seconded by Councilman Pinto and unanimously adopted, it was #984-65 RESOLVED, that the Council hereby requests the City Engineer to study and report to the Council on the feasibility of special assess- ment proceedings to blacktop Newburgh Road from Five Mile Road to Eight Mile Road By Councilman Ventura, seconded by Councilman McNamara, it was RESOLVED, that having considered a letter from Mr William J Charron, President of the Metropolitan Council No 23, AFSC&ME, AFL-CIO, dated September 17, 1965, which requests that recognition be granted to the aforesaid labor organization for the purpose of collective bargaining for all employees of the City of Livonia, excluding police, firemen and supervisory employees, the Council grants such request The President ruled the motion out of order Councilman Ventura offered a resolution to rescind Res #957-65, which failed for lack of support By Councilman Pinto, seconded by Councilman Milligan, and unanimously adopted, it was Page 7492 #985-65 RESOLVED, that the City Engineer, Director of Public Works and the Superintendent of Operations are hereby requested to consider and review the possibility of defraying the cost of the annual seal-coating program by special assessment against the benefiting property owners and submit their report and recommendations to the Council with particu- lar reference to the cost involved in such special assessment proceedings insofar as 60-foot residential lots are concerned By Councilman Ventura, seconded by Councilman Dooley and unanimously adopted, it was #986-65 RESOLVED, that the Department of Law advise the Council whether or not the imposing of special assessments against property owners for seal-coating of roads would preclude the placing of another special assessment for the permanent improvement of such streets at a later date On motion of Councilman Dooley, seconded by Councilman McCann, and unanimously adopted, this 510th regular meeting of the Council of the City of Livonia was duly adjourned at 9 12 P. M., October 13, 1965 AW Addison W Baca, ✓iy' Clerk