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HomeMy WebLinkAboutCOUNCIL MINUTES 1965-11-10 Page 7546 MINUTES OF THE FIVE HUNDRED FOURTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 10, 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 8:14 p. m. Councilman Ventura 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 and Edward H. McNamara. Absent--James R. McCann. Elected and appointed officials present Addison W. Bacon, City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, first Assistant City Attorney; Charles J. Hurbis, Assistant City Attorney; Robert A. Shaw, Director of Public Works; Daniel R. Andrew, Industrial Coordinator; Frank Kirby, Acting Chief Inspector; James Miller, Personnel Director; Joseph Jenkins, Library Commission; Don Hull, City Planner; Carl Demek, Superintendent of Operations Division; Thomas J. Griffiths, Jr., Chief Accountant; Donald Huested, Planning Commission, William J. Strasser, Chief City Engineer; Milton R. Holley, City Assessor; and Richard Jones, Assistant Superintendent of Operations Division. By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was #1068-65 RESOLVED that, the minutes of the 513th regular meeting of the Council of the City of Livonia held November 3, 1965, are hereby approved. By Councilman Ventura, seconded by Councilman McNamara, it was #1069-65 RESOLVED that, having considered the veto of the Mayor, dated November 10, 1965, of resolution #1046-65, adopted by the Council on November 3, 1965, the Council does hereby readopt said resolution #1046-65, the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result: L AYES: Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None. The President declared the resolution adopted and the Mayor's veto over-ruled. Page 7547 Councilman Ventura requested the City Attorney to advise the Council whether or not Lthe action taken was legal. Steve Polgar, City Attorney, advised the Council that the approval of the bond for Dover Courts Subdivision was entirely legal and within the discretion of the Council to grant. By Councilman McNamara, seconded by Councilman Pinto, it was #1070-65 RESOLVED that, the City Council having considered a letter dated November 10, 1965, from the Mayor, and a communication also dated November 10, 1965, from the Board of Education, regarding the extension of the Lyndon Avenue paving where adjacent to the Adams School site, for a distance of approximately 600 feet, more or less, and the Council having previously in its resolution #740-65, adopted July 28, 1965, authorize the construction of one-half pavement of Lyndon Avenue west of Harrison Avenue by the Thomas E. Currie Co., 6134 W. Jefferson, Detroit, Michigan, on a unit price bid basis, the Council does hereby authorize the extension of the contract entered into between the City and the Thomas E. Currie Company, dated September 9, 1965, which authorizes the Thomas E. Currie Company to perform the additional work herein approved at the unit price bid submitted and previously accepted; and the Council does hereby authorize the final pay- ment in this regard to be based upon the actual units of work as constructed in accordance with the unit price accepted herein; and the Council does hereby authorize an advance in the amount not to exceed $17,500.00 from the General Fund, which amount shall be reimbursed, in full or in part, from the proceeds of special assessment bonds issued for this purpose; and the Director of Public Works is hereby authorized to approve all minor adjustments in any work completed; and the Mayor and City Clerk are hereby authorized to execute an amendment to the said contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all things necessary or incidental to the full performance of this contract. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan and unanimously adopted, it was #1071-65 RESOLVED that, having considered a letter dated November 10, 1965, from the Mayor, and the report and recommendation dated November 10, 1965, from the Chief City Engineer, approved by the Director of Public Works, pertaining to the assessed valuation of all property affected by the proposed improvement of Lyndon Avenue from Harrison Avenue easterly to the westerly limits of the Buckingham Village Subdivision, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, the plans and specifications therefor and an estimate for the cost thereof, setting forth his recommendation as to what proportion of the cost should be paid by Page 7548 special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district; and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the Chief City Engineer with the City Clerk under date of November 10, 1965, and that there has been a full compliance with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Pro- cedure," the Council does hereby set Monday, December 20, 1965, at 7:30 p.m., as the date and time for a public hearing on the necessity for such pro- posed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. By Councilman Dooley, seconded by Councilman McNamara, it was #1072-65 RESOLVED that, having considered the report and recommendation dated October 4, 1965, of the Chief City Engineer, approved by the Director of Public Works, and the attached final estimate dated August 27, 1965, as well as the communication from the Chief City Engineer, dated November 4, 1965, the Council does hereby authorize the final payment in the amount of $7,808.36 to Orr Brothers, Inc., 19049 Farmington Road, Livonia, Michigan, which sum represents full payment due on a contract dated March 5, 1965, in connection with Livonia City Hall renovation, it being the understanding of the Council that allwork under the said contract has been completed in accordance with City standards and specifications, and that the contractor has filed his declaration that there is no money owing for any labor or material in connection with the work performed under the said contract; 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: AYES: Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman Milligan and unanimously adopted, it was #1073-65 RESOLVED that, the letter dated October 27, 1965, from the Acting Chief Inspector and the Director of Public Works regarding $5,000 bond requirement for sign contractors and erectors is hereby referred to the Legislative Committee for report and recommendation. The letter dated October 29, 1965, from the Civil Service Commission re- garding Ordinance No. 547, amending Sections 2.09 and 4.01 of the Retirement Plan Ordinance, was received and filed. Page 7549 The letter dated November 2, 1965, from the Civil Service Commission, submitted pursuant to resolution #899-65, regarding the filling of vacancies in the Fire Division from the eligible list for firemen, was received and filed. By Councilman Milligan, seconded by Councilman Dooley and unanimously adopted, it was #1074-65 RESOLVED that, having considered a communication dated November 4, 1965, from the Department of Law and the two Grants of Easement attached thereto, each dated October 29, 1965, submitted pursuant to resolution #863-65, and each executed by James W. Randell and Helen B. Randell, his wife, Beverly Schroeder and Margaret Landers, conveying to the City of Livonia easements acquired in connection with the construction of the Bell Creek Sanitary Sewer through the Bell Creek Valley in Area 5b of Phase II of the Master Sanitary Sewer Program, which easements are more particularly described as follows: An easement being described as a strip of land 20 feet wide, 10 feet on either side of a centerline beginning at a point on the East line of said lot distant S. 265.67 feet from the N. E. corner of said lot and proceeding thence S. 83° 49' 40" W, 142.75 feet to a point of terminus located S 0° 17' 00" E. 282.09 feet and N 83° 49' 40" E. 10.05 feet from the N. W. corner of said lot. Also an easement being described as the West 10 feet of the North 291 feet in said lot - said lot being Lot 585 of Supervisor's Livonia Plat No. 10 of part of the E. 1/2 of Section 15, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, as recorded in liber 66 of Plats, pages 61, 62 and 63, Wayne County records; An easement being described as a strip of land 20 feet wide 10 feet on either side of a centerline beginning at a point on the East line of said lot distant S 0° 17' 00" E, 251.62 feet from the N. E. corner of said lot and proceeding thence S 83° 49' 40" W, 130.69 feet to a point of terminus on the West line of said lot being distant S 0° 17' 00" E, 265.67 feet from the N. W. corner of said lot - said lot being Lot 586 of Supervisor's Livonia Plat No. 10 of part of the East 1/2 of Section 15, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in liber 66 of plats, pages 61, 62 and 63, Wayne County records; the Council does hereby accept for and in behalf of the City of Livonia the aforesaid easements and does hereby request the City Clerk to have the Grants of Easements recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. By Councilman Pinto, seconded by Councilman Ventura and unanimously adopted, it was #1075-65 RESOLVED that, having considered the request dated October 28, 1965, from A. T. Zadeh, M. D., 27549 West Six Mile Road, Livonia, Michigan, for the installation of a street light at 27549 West Six Mile Road, at Page 7550 its intersection with Rougeway, the Council does hereby refer this request to the Director of Public Safety and the Streets, Roads and Plats Committee for report and recommendation. The recommendation dated November 1, 1965, from the Director of Public Safety regarding a new SDM license at 33642 Five Mile Road, was removed from the agenda to the study meeting. By Councilman Dooley, seconded by Councilman McNamara, it was #1076-65 RESOLVED that, having considered the report and recommendation dated November 1, 1965, of the Superintendent of Operations, approved by the Director of Public Works and Budget Director, the Council does hereby accept the bid of Wyandotte Chemicals Corporation, Industrial Chemicals Group, Wyandotte, Michigan, 48193, for 38% Liquid Calcium Chloride, delivered at $0.054 per gallon; and for Flake Chloride in 100 lb. bags, delivered, at $39.40 per ton; and the bid of Michigan Chemical Corporation, Saint Louis, Michigan, for 26% Liquid Calcium Chloride, delivered at $0.0308 per gallon; and for 38% Liquid Calcium Chloride, spread, at $0.063 per gallon; and rejects the bid of Allied Chemical Corporation for the reasons set forth in the aforesaid communication, the accepted bids having been in fact the low bids received for these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None. By Councilman Pinto, seconded by Councilman Dooley, it was #1077-65 RESOLVED that, having considered the report and recommendation dated October 29, 1965, of the Superintendent of Operations, approved by the Director of Public Works and Budget Director, the Council does hereby accept the bid of International Salt Company, 626 Buhl Building, Detroit 26, Michigan, for the period from December 1, 1965, through November 30, 1966, for supplying the City of Livonia with Rock Salt at a cost of $7.80 per ton delivered and $7.40 per ton pickup, in lieu of the bid of Diamond Crystal Salt Company whose bid was identical, for the reasons set forth in the aforesaid communication, the same having been in fact the low bid for these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman Pinto, it was #1078-65 RESOLVED that, having considered the report and recommendation dated October 29, 1965, of the Superintendent of Operations, approved by the Director of Public Works and Budget Director, the Council does hereby Page 7551 accept the bid of Telford & Doolen, 10000 Freeland Avenue, Detroit 27, Michigan, for supplying the City with one (1) Warner & Swasey Model 200 SPR self-propelled 4 x 4 Hopto Digger at a cost of $18,990.00, 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- Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman Ventura, it was #1079-65 RESOLVED that, having considered the report and recommendation dated October 29, 1965, of the Superintendent of Operations Division, ap- proved by the Director of Public Works and Budget Director, the Council does hereby accept the bid of Bill Brown Sales, Inc. , 32222 Plymouth Road, Livonia, Michigan, for supplying the City with one (1) 1966 Ford Model F250 Styleside 3/4 ton pick-up truck for the price of $1,757.27, 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 Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None. By Councilman Ventura, seconded by Councilman Dooley, it was #1080-65 RESOLVED that, having considered the communication dated November 3, 1965, from the Acting Chief Inspector, approved by the Director of Public Works, the Mayor and Budget Director, regarding the transfer of funds within the Budget of the Bureau of Inspection, the Council does hereby authorize the following transfer of funds: TO- Account No. 219-20 (Printing) $ 834.00 Account No. 219-45 (Office Supplies) 412.00 Account No. 219-1 (Salaries and Wages) 1,850.00 Account No. 220-6 (Car Allowance - 375.00 Building Inspectors) Account No. 221-1 (Plumbing Inspectors) 1,363.00 Account No. 221-6 (Car Allowance - 425.00 Plumbing Inspectors) Account No. 223-6 (Car Allowance - 100.00 Heating Inspectors) FROM: Account No. 220-1 (Building Inspectors-Wages) 2,400.00 Account No. 222-1 (Electrical Inspectors-Wages)2,959.00 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Pinto, Milligan, Dooley, McNamara and Kleinert. NAYS: None. Page 7552 By Councilman Ventura, seconded by Councilman McNamara, it was #1081-65 RESOLVED that, having considered a communication dated October 29, 1965, from the City Planning Commission which transmits its resolution #10-177-65, adopted by the Commission on October 5, 1965, with regard to Petition 65-9-2-6, by Daniel Rogala requesting permission to construct a cocktail lounge on property zoned C-2 and located on the south side of Plymouth Road approximately 150 feet east of Eckles Road in Section 30 (Parcel 30M2a), the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 65-9-2-6 is hereby approved and granted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Pinto, Dooley, McNamara and Kleinert. NAYS• Milligan. The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman Milligan and unanimously adopted, it was #1082-65 RESOLVED that, having considered a communication dated October 29, 1965, from the City Planning Commission which transmits its resolution #10-176-65, adopted by the Commission on October 5, 1965, with regard to Petition 65-9-2-7, by Rev. Myron D. Hornyak, Sacred Heart Byzantine Catholic Church, requesting permission to build a church, remodel existing home for rectory and build a future parish community center on property located on the south side of Six Mile Road, between Savoie and Middlebelt in the Northwest 1/4 of Section 13, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 65-9-2-7 is hereby approved and granted. By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was #1083-65 RESOLVED that, having considered the letter dated November 10, 1965, from the City Planning Commission which transmits its resolution #11-201-65, wherein on November 9, 1965, the Planning Commission did ratify previous action on Petition M-276 which granted a use permit for the erection of a church on the north side of Five Mile Road in the S. E. 1/4 of Section 18 to John E. Hiemstra for the Classis of Lake Erie Reformed Church in America, the Council does hereby concur in the action taken by the City Planning Commission in this regard. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #1084-65 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, Page 7553 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 Monday, December 20, 1965, at 8 p.m., at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, on the following items: (a) Petition No. 65-8-1-30, submitted by J. Leonard Hyman, for Jack Surnow, 1331 First National Building, Detroit 26, Michigan, for a change of zoning on property located at the southeast corner of Ann Arbor Trail and Wayne Road, in the southwest 1/4 of Section 33 from C-1 to C-2, the City Planning Commission having, in its resolu- tion #10-180-65, recommended to the City Council that Petition 65-8-1-30 be denied; (b) Petition No. 65-9-1-33, submitted to Rodney C. Kropf, for Sam and Joy S. Moy, for a change of zoning on property located on the west side of Middlebelt Road, approximately 350 feet from the center line of Six Mile Road, in the northeast 1/4 of Section 14 from PS and RUFA to C-1, the City Planning Commission having in its resolution #10-178- 65 recommended to the City Council that Petition 65-9-1-33 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 indicating 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 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 Dooley, seconded by Councilman McNamara, it was #1085-65 RESOLVED that, having considered the report and recommendation dated November 1, 1965, from the Chief City Engineer, approved by the Director of Public Works, regarding the acquisition of additional rights of way on Five Mile Road between Middlebelt and Merriman Roads, the project having been completed and the final billing from the Wayne County Road Com- mission being in the amount of $7,195.96 (the total actual cost of the project being in the amount of $51,587.88,) the City of Livonia being required, pursuant to a contract authorized in resolution #171-63, to participate to the extent of one-third of the actual cost of the said project, and the City having previously, pursuant to resolution #392-63, paid the sum of $10,000.00 for this purpose, the Council does hereby authorize final payment in the amount of $7,195.96, which sum includes the full and complete balance due on the aforesaid contract dated April 25, 1963, it being the understanding of the Council that all the work under the said contract has been completed in accordance with City standards and specifications, and that the contractor has filed his declaration that there is no money owing for any labor or material in connection with the work performed under the said contract; and for this purpose the aforesaid sum of $7,195.96 is hereby transferred from the Unappropriated Surplus Account to the Five Mile Right- of-Way Account (No. 361-18) ; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. Page 7554 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Milligan, Dooley, McNamara, Pinto and Kleinert. NAYS• None. By Councilman Milligan, seconded by Councilman McNamara and unanimously adopted, it was #1086-65 RESOLVED that, regular meetings of the Council of the City of Livonia for the month of December, 1965, will be held on Wednesdays, December 1st, 8th and 15th, at 8:00 p. m. By Councilman McNamara, seconded by Councilman Milligan and unanimously adopted, it was #1087-65 RESOLVED that, the Chief City Engineer is hereby requested to provide the Council with an estimate of the right-of-way costs for Five Mile Road from Inkster to Eckles Road in the City of Livonia, and a map indicating the parcels of property to be acquired. By Councilman Ventura, seconded by Councilman McNamara, it was #1088-65 RESOLVED that, the Michigan State Highway Department is requested to meet with the Livonia City Council for the purpose of further discussion on the improvement of Plymouth Road and the route of the I-96 Freeway, and the City Clerk is requested to send a copy of this resolution to Mr. Howard Hill, Secretary of the Michigan State Highway Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Pinto, Dooley and McNamara. NAYS: Milligan and Kleinert. The President declared the resolution adopted. On motion of Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, this 514th regular meeting of the Council of the City of Livonia was duly adjourned at 9:10 p. m. , November 10, 1965. Addison W. Bacon C,. y erk