HomeMy WebLinkAboutCOUNCIL MINUTES 1965-02-10 Page 6994
MINUTES OF THE FOUR HUNDRED EIGHTY-FIRST REGULAR MEETING
OF THE COUNCIL of THE CITY OF LIVONIA
On February 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 4 :00 P. M.. Councilman Allen delivered the invocation.
Roll was called with the following result: Present--Rudolf R. Kleinert, Daniel C.
Allen, John F. Dooley and **Edward H. McNamara. Absent-- -Peter A. Ventura, *James R.
McCann arid John T. Daugherty.
Elected and appointed officials pr:.sent: Addison W. Bacon, City Clerk;
Harry C. Tatigian, first Assistant City Attorney, Thomas J. Griffiths, Jr., Chief
Accountant; Victor C. Phillips, Budget Director, William J. Strasser, Chief City
Engineer; Don Hull, City Planner; John E. Hiltz, Consulting Engineer, Joel LaBo,
Director of Public Safety, Robert A. Shaw, Director of Public Works, Daniel R.
Andrew, Industrial Coordinator, John Dufour, Superintendent, Parks and Recreation;
David L. Jones, Water arid Sewer Commissioner, Avram Rosenthal, Librarian; and
Joseph Jenkin, Duane Roush and Mrs. Peggy Miquelon of the Library Commission.
By Councilman Dooley, seconded by Councilman Allen and unanimously
adopted, it was
#106-65 RESOLVED that, the minutes of the 480th regular meeting of the
Council of the City of Livonia held on February 3, 1965, are hereby approved.
*Councilmen James R. McCann and Peter A. Ventura arrived at 8:12 P. M..
The letter dated February 10, 1965, from the Mayor, regarding the Lecture
Facility for the South Branch Library, was received and filed.
by Councilman Dooley, seconded by Councilman Met amara, it was
RESOLVED that, having received a communication dated January 20,
1965, from the Library Commission regarding the use of the property acquired
pursuant to resolutions #33-65 and #34-55, for a proposed library branch
to be located south of Plymouth Road between Woodring and Loveland, arid
including the 60 feet in width vacated portion of Roseland for a depth of
405 feet in a southerly direction from the nearest edge of the Plymouth
Road right-of-way, the Council does hereby determine to authorize the
Library Commission and the architectural firm of Gunnar Birkerts and
Page 6995
Associates, 1300 North Woodward, Birmingham, Michigan, to proceed with plans
and preparations for the development of said proposed library branch on
both parcels of property acquired in the aforesaid resolutions and in-
cluding thereto the vacated portion of Roseland, for a total amount of
5431,200.00, which structure shall include therein lecture facilities,
and further that the cost of this library branch shall be financed from
the proceeds of a 4438,000.00 bond issue under the provisions of Act 305
of the Public Acts of 1919, as amended, a 4126,000.00 grant and aid to be
received from the drilled States of America under the Library Services and
Construction Act (P.L.88-269), and 667,200.00 to be earmarked and trans-
ferred from the General Funds of the City, which latter amount is the
equivalent of that received as a donation from Mr. W. Warren Shelden and
Mr. Allan Shelden III, and further, that the law firm of Miller, Canfield,
Paddock and Stone is requested in the preparation of the necessary resolu-
tions authorized pursuant to resolution #934-64, to change and modify same
so as to authorize the issuance of a bond issue in the amount of 6438,000.00
for the construction of a free public library to be located south of
Plymouth Road between Woodring and Loveland, and the City Clerk is requested
to send certified copies of this resolution to Gunnar Birkerts and Associates,
1300 North Woodward, Birminham, Michigan, and Miller, Canfield, Paddock
and Stone, Esqs. , 2500 Detroit Bank and Trust Building, Detroit 26, Michigan,
and the Council does hereby rescind its resolution #55-65, adopted on
January 27, 1965.
By Councilman Ventura, seconded by Councilman McCann, it was
RESOLVED that, the proposed resolution regarding the south
branch library be tabled until such time a.J a full Council is present.
A roll call vote was taken on the tabling resolution with the following result:
AYES: McCann and Ventura.
NAYS: Allen, Dooley, McNamara and Kleinert.
The President declared the tabling resolution denied.
The President relinquished the chair to the Vice President at 8:19 P. M.,
to speak on the original motion, and resumed the chair at 8:25 P. M..
A roll call vote was taken on the original resolution with the following result:
AYES: Allen, Dooley and McNamara.
NAYS: McCann, Ventura and Kleinert.
The President declared the resolution denied.
*Councilman Edward H. Mchamara was execused at 8:50 P. M., for the balance
of the meeting.
By Councilman Dooley, seconded by Councilman McCann, it was
Page 6996
#107-65 RESOLVED that, having received a communication dated January 20,
1965, from the Library Commission regarding the use of the property acquired
pursuant to resolutions #33-65 and #34-05, for a proposed library branch
to be located south of Plymouth Road between Woodring and Loveland, and
including the 60 feet in width vacated portion of Roseland for a depth of
405 feet in a southerly direction from the nearest edge of the Plymouth
Road right-of-way, the Council does hereby determine to authorize the
Library Commission and the architectural firm of Gunnar Birkerts and
Associates, 1300 North Woodward, Birmingham, Michigan, to proceed with
plans and preparations for the development of said proposed library branch
on both parcels of property acquired in the aforesaid resolutions and in-
cluding thereto the vacated portion of Roseland, for a total amount of
$445,200.00, that the cost of this library branch shall be financed from
the proceeds of a $378,000.00 bond issue under the provisions of Act 305
of the Public Acts of 1919, as amended, and 367,200.00 hereby authorized
and advanced from the General Funds of the City; the Council further
determines that in the event the City's application for a Federal Grant
of $126,000.00 is approved under the Library Services and Construction Act
(P.L. 88-269), the amount of the bond issue under Act 305 shall be reduced
by a like amount; and the City Clerk is requested to send certified copies
of this resolution to Gunhar Birkerts and Associates, 1300 North Woodward,
Birmingham, Michigan, and the Council does hereby rescind its resolution
#55-65, adopted on January 27, 1965.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Allen, Dooley, McCann and Kleinert.
NAYS: Ventura.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Allen and unanimously
adopted, it was
#108-65 RESOLVED that, having considered the report and recommendation
dated December 23, 1964, from the City Planning Commission in regard to
Petition No. G-656, submitted by Melvin B. Rosenhaus in behalf of Mel
Construction Company, for chance of zoning on the north side of Ann Arbor
Trail between Levan and Wayne Roads, just east of the cemetery and across
the street from New Joy Subdivision, in the Southeast 1/4 of Section 32,
from C-1 to R-3, the Council does hereby reject the recommendation of the
City Planning Commission and Petition No. L-656 is hereby denied for the
reason that this use is not compatible with the surrounding area.
At 9:05 P.M., a recess was called, after which the meeting resumed with
all members present except Councilman Daugherty and McNamara.
By Councilman Dooley, seconded by Councilman Ventura, it was
#109-65 RESOLVED that, having considered a request dated January 29,
1965, made by Mr. J. Leonard Nyman, 1331 First National Building, Detroit,
26, Michigan, in behalf of the Arbor Development Company, concerning the
Page 6997
use of a Letter of Credit in lieu of the General Improvement Bond and
Sidewalk Bond previously authorized in resolution #30-65 for the proposed
Arbor Estates Subdivision, the Council does hereby determine that for the
purpose of obtaining final plat approval, prior to completion of all re-
quired improvements in the proposed Arbor Estates Subdivision located in
the Southwest 1/4 of Section 31, City of Livonia, Wayne County, Michigan,
the proprietor may file with the City of Livonia, in addition to the pre-
viously authorized financial assurances set forth in resolution #30-65,
an Irrevocable Letter of Credit in the amount of 0204,000.00, and cash
in the amount of $10,000.00 for General Improvement Bond, and an Ir-
revocable Letter of Credit in the amount of 013,600.00, and cash in the
amount of 03,400.00 for the Sidewalk Bond, drawn upon a duly authorized
national banking institution qualified to do business in the State of
Michigan, and on such terms, conditions and forms as may be approved by
the Department of Law; 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: Allen, Dooley, McCann, Ventura and Kleinert.
NAYS: None.
By Councilman Ventura, seconded by Councilman Dooley, it was
#110-65 RESOLVED that, having considered the report and recommendation
dated January 7, 1965, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #666-64, adopted August 5, 1964, as subsequently amended by
resolutions #696-64, adopted August 19, 1964, and #71-65, adopted Janu-
ary 27, 1965, so as to release the Letter of Credit in the amount of
083,700.00, for general improvements for Burton Hollow Estates Subdivision
No. 5, and the cash requirements for general improvement bond as well as
the sidewalk bond, the plan review and inspection fee, the tree fund, and
future traffic control sign, cash payment requirements shall remain the
same, 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: Allen, Dooley, McCann, Ventura and Kleinert.
NAYS: None.
By Councilman Ventura, seconded by Councilman Dooley, it was
#111-65 BE IT HEREBY RESOLVED that the City of Livonia consents to the
assumption of jurisdiction by the Board of County Road Commissioners of
the County of Wayne, Michigan, of the following described portion of
Merriman Road:
Page 6996
A strip of land 120 feet in width comprised of the west o0 feet
of section 2, and the east 60 feet of section 3, T. 1 S., R. 9
E., City of Livonia, Wayne County, Michigan. Said strip of land
to be designated Merriman Road, constituting 1.00 mile of County
Road.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Allen, Dooley, McCann, Ventura and Kleinert.
NAYS None.
An Ordinance Amending Section 16 of the Zoning Hap of the City of Livonia
and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of
the City of Livonia, by Adding Thereto Section _ (Petition Z-648), introduced by
Councilman Ventura on February- 3, 1965, was taken from the table and a roll call
vote conducted thereon with the following result:
AYES: Allen, Dooley, McCann, Ventura and Kleinert.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become ef-
fective on publication.
An Ordinance Amending Article 4.00 of Ordinance No. 60, as amended, of the
City of Livonia, Known and Cited as the Zoning Ordinance by Adding Thereto Section
4.47 (Petition z-652), introduced by Councilman McCann on February 3, 1965, was taken
from the table and a roll call vote conducted thereon with the following result:
AYES: Allen, Dooley, McCann, Ventura and Kleinert.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become ef-
fective on publication.
An Ordinance Amending Section 2 of the Zoning Mao of the City of Livonia
and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of
the City of Livonia, by Adding Thereto Section (Petition Z-654), introduced by
Councilman McCann on February 3, 1965, was taken from the table and a roll call vote
conducted thereon with the following result:
Page 6999
AYES: Allen, Dooley, McCann, Ventura and Kleinert.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become ef-
fective on publication.
An Ordinance Amending Section 2 of the Zoning Map of the City of Livonia
and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of
the City of Livonia, by Adding Thereto Section (Petition Z-655), introduced by
Councilman Ventura on February 3, 1965, was taken from the table and a roll call
vote conducted thereon with the following result:
AYES: Allen, Dooley, McCann, Ventura and Kleinert.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become ef-
fective on publication.
By Councilman Allen, seconded by Councilman McCann and unanimously
adopted, it was
#112-65 RESOLVED that, having considered a letter dated January 21, 1965,
from the Michigan Public Service Commission, Lansing, Michigan, regarding
the Chesapeake and Ohio Railway crossings at Newburgh and Stark Roads, the
Council does hereby refer this matter to the Director of Public Works
and does authorize him to do all things necessary to comply with the
request made for further information in this regard.
By Councilman Allen, seconded by Councilman Dooley and unanimously
adopted, it was
#113-65 RESOLVEDthat, due to the increased awareness of the dangers
inherent in unprotected railway crossings loci ed within highly urbanized
areas, the Council does hereby request that State Representative Marvin R.
Stempien introduce legislation at the present session of the State Legis-
lature which would amend Act 270, P. A. of 1921, as amended, "Railroad
Maintenance of Way and Equipment," so as to require railroads to provide
automatic signaling devices and protective gates and barriers at grade
crossir gs located within cities and villages, and the City Clerk is
hereby requested to forward a certified copy of this resolution to State
Representative Marvin R. Stempien, House of Representatives, Capitol
Building, Lansing, Michigan.
Page 7000
Councilman McCann introduced the following Ordinance:
AN ORDINANCE TO RhGULr'I'S CHE SPEED AND OPERATION
OF RAILROAD T'ItAII S 'WITHIN THE CITY OF LIVONIA
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk, and is the same as ii 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 Dooley, seconded by Councilman McCann and unanimously
adopted, it was
#114-65 RESOLVED that, having considered a communication dated January 21,
1965, from the Department of Law, whici transmits a suggested form of
Articles of Incorporation of Municipal Building Authority of Livonia,
together with a form resolution approving said Articles of Incorporation
and a procedural outline to accomplish such incorporation and the require-
ments for the organizational portion of any transcript, prepared by Mr.
John H. Nunneley of the law firm of Miller, Canfield, Paddock and Stone
and submitted pursuant to resolution #912-64, the Council does hereby
refer same to the Legislative Committee for its report and recommendation.
By Councilman Dooley, seconded by Councilman Ventura, it was
{,115-65 RESOLVED that, having considered the report of the Department of
Law dated January 21, 1965, relative to the acquisition of parcels 32A1
which land is necessary for the opening and extension of Yale Avenue
south of Plymouth Road and which would extend from the north boundary
line of Country Homes Subdivision to Plymouth Road, the Council does
hereby authorize the Mayor and City Clerk to execute the necessary purchase
agreement to acquire this site for the sum of 58,600.00, the cost of the
acquisition of this property shall be financed from the General Fund of
the City of Livonia, the same to be considered an advance from the pro-
ceeds of a special assessment district established for the purpose of
defraying the cost of the proposed improvement,and which district shall
he created pursuant to provisions of Sections 3.03 and 4.01 or Ordinance
No. 401, as amended;
IT IS FURTHER RESOLVED that, the owner or owners of the property
herein to be conveyed shall furnish to the City of Livonia a policy of
title insurance bearing a date later than this resolution, guaranteeing
title in the condition required for performance of this resolution, the
same being subject to review and approval by the Department of Law;
IT IS FURTHER RESOLVED that, a sum not to exceed 000.00 is hereby
appropriated from the General Fund for the purpose of pro-rating at the time
of closing the 1964 City, School and County Taxes which have been paid by
said owner or owners;
Page 7001
IT IS FURTHER RESOLVED that, the owner or owners of the property
herein to be conveyed shall execute on a form approved by the Department of
Law a warranty deed conveying said property to the City of Livonia and
described as follows :
Parcel 32A1
The east 43 feet of the following described parcel:
The north 330 feet ol the east 9 acres of the north 30 acres
of the east 1/2 of the northeast 1/4 of Section 32, T. 1 S.,
R. 9 E. , City of Livonia, Wayne County, Michigan;
and upon receint of same, the City Clerk is requested to record such
warranty deed with the Wayne County Register of Deeds; and the City Clerk,
City Treasurer and Department of Law are herein authorized to do all other
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: Allen, Dooley, McCann, Ventura and Kleinert.
NAYS: None.
The Opinion No. 65-1, from the Department of Law, submitted pursuant to
resolution #421-64, was received and filed for the information of the Council.
By Councilman Allen, seconded by Councilman McCann and unanimously
adopted, it was
#116-65 RESOLVED that, having considered a letter dated January 25, 1965,
from Mr. Bernard Edelman of Tomorrows Homes, Inc. , 13101 West Seven Mile
Road, Detroit 35, Michigan, regarding the dedication of a right-of-way
for the proposed Hix Road, the Council does hereby request that the Board
of Trustees, Schoolcraft College, 18600 Haggerty Road, Livonia, Michigan,
dedicate to the City of Livonia the westerly 43 feet of the proposed Hix
Road where adjacent to the Schoolcraft College property, and the City Clerk
is hereby requested to forward a certified copy of this resolution to the
Board of Trustees of Schoolcraft College.
By Councilman Ventura, seconded by Councilman McCann and unanimously
adopted, it was
#117-65 RESOLVED that, having considered a communication dated December 29,
1964, from Mr. W. B. Washington, Asst. District Traffic Engineer of the
Michigan State Highway Department, File Ref. 82101-49, regarding a request
made by the City Council in its resolution #535-63, for the installation
of a traffic control signal light on Plymouth Road at its intersection at
Milburn Avenue, in the City of Livonia, Michigan, the Council does hereby
determine to reject the denial of the Michigan State Highway Department
on the City's request; and the City Clerk is hereby requested to forward
Page 7002
a certified cony of this resolution to Governor George Romney, State Capitol
Building, Lansing, Michigan, for his consideration in view of his public
pronouncements of the neeO or the promotion of traffic safety.
By Councilman Ventura, seconded by Councilman Dooley, it was
#118-65 RESOLVED that, having considered the report and recommendation
dated January 28, 1965, from John E. Hiltz & Associates, Inc., the Council
does hereby accept the bid of Madison Drain Construction, Inc. , 28306 Brush,
Madison Heights, Michigan, for the Amrhein Road Trunk Sanitary Sewer Ex-
tension, for the price of $17, 213.25; such having been in fact the lowest
bid received for this item; and that having considered a communication
dated January 22, 1965, from Mr. Valerio Capoccia, President of the
riadison Drain Construction, Inc. , wherein he advises the Council that his
bid was in error for the reasons outlined in the aforesaid communication,
the Council does hereby determine that in the event the Madison Drain Con-
struction, Inc., refuses to enter into a contract with the City for this
purpose, his bid will then be rejected and the Council will, in that event,
accent the bid of Michael J. Clarke, an individual, for the performance of
the Amrhein Road Trunk Sanitary Sewer Extension for the price of 426,055.00,
such having been in fact the second lowest bid received for this item; and
the additional sum of $555.00 shall also be disbursed from the Contract
Payment Fund of the Sewer Division of the City in addition to that sum pre-
viously authorized in resolution #7o9-64, it being the understanding of
Council that such funds will be reimbursed to the aforesaid account from
Phase I of the Contingency Fund of the Master Sewer Program.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Allen, Dooley, McCann, Ventura and Kleinert.
NAYS: None.
By Councilman Ventura, seconded by Councilman Dooley and unanimously
adopted, it was
#119-65 RESOLVED that, having considered a communication dated January 21,
1965, from the Newburg Methodist Church, 36500 Ann Arbor Trail, Livonia,
Michigan, (Trustees of the Newburg Methodist Church, Earl Waack, President)
offering to sell property located at the northeast corner of Newburgh Road
and Ann Arbor Trail, consisting of the Church, a hall, a two-story house,
and vacant property, described as Lots 736, 737, and 760 of Supervisoris
Livonia Plat No. 12, for an asking price of .x,40,000 with 4110,000 down and
the balance to be paid on a 10-year land contract with 6% interest (to be
reduced to 4% in the event of an exemption from the payment of income
taxes), and having also considered a communication from the Mayor, dated
February 3, 1965, wherein he recommends the purchase of this property,
the Council does hereby determine to respectfully decline this offer at
this time.
By Councilman Allen, seconded by Councilman Ventura and unanimously
adopted, it was
Page 7003
#120-65 RESOLJED that, having considered a letter dated January 19, 1965,
from the Coolidge Elementary P. T. A., requesting the installation of a
traffic control signal device on Seven Mile Road east of Purlingbrook
Avenue (at the Carl Sandburg Library), the Council does hereby refer the
same to the Traffic Commission for its report and recommendation.
The letter dated January 12, 1965, from the Water and Sewer Board trans-
mitting its resolution WS 687 12/64, was received and filed for the information of
the Council.
By Councilman Ventura, seconded by Councilman Dooley, it was
#121-65 RESOLVED that, having considered a letter dated December 30, 19b4,
from the Chief City Engineer, approved by the Director of Public Works,
regarding an agreement to be entered into with the firm of John E. Hiltz
and Associates, Inc. , 15601 West McIvichols Road, Detroit 35, Michigan,
engaging said firm to perform engineering and other services as outlined
in a grant received from the Housing Home Finance Agency of the United
States of America, for the development of construction plans and documents
for advance planning, P-Mich-3111, Storm Sewer Facilities Farmington Outlet,
(pursuant to resolution #34-o4), which agreement is transmitted with the
aforesaid letter, the Council does hereby authorize the Mayor and City Clerk
to affix their signatures to such agreement for and on behalf of the City
of Livonia, ana to do all other thins 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: Allen, Dooley, McCann, Ventura and Kleinert.
NAYS: None.
By Councilman McCann, seconded by Courcilman Allen and unanimously
adopted, it was
#122-65 RESOLVED that, having considered a letter dated January 25, 1965,
from Henry G. Ofiara requesting inclusion of the name of Philip R. Hoffiz
along with the name of Thaddeus J. Opalinski on an application previously
filed for a Class C liquor license, as well as having considered a com-
munication dated February 1, 1965, from Philip R. Hoffiz, in this regard,
the Council does hereby state its belief that it has no power to take action
on this matter, and that it is properly and legally the responsibility of
the Michigan Liquor Control Commission.
By Councilman Allen, seconded by Councilman Dooley, it was
#123-65 RESOLVED that, having considered a communication dated January 20,
1965, from Mr. George E. Jaclarian, Chairman of the Livonia Employees Retire-
ment System, which transmits a resolution adopted on December 14, 1964, by
the Board of Trustees of the Livonia Employees Retirement System, wherein a
request is made for an appropriation not to exceed $100.00 for the purpose
of employing the firm of Gabriel, Roeder, Smith & Company, Consulting
Page 7004
Actuaries, in order to present data which would indicate the potential
cost to the City in the event of lowering the compulsory retirement age
by five (5) years, the Council does hereby determine to concur in this
request and for this purpose a sum riot to exceed $100.00 is hereby ap-
propriated from the Unappronriated Surplus to Account 161-2 - Professional
Services; and the City Clerk and City Treasurer are herein authorized to
do all things necessary to the full nerformance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Allen, Dooley, McCann, Ventura and Kleinert.
NAYS: None.
By Councilman. Dooley, seconded. by Councilman McCann and unanimously
adopted, it was
#124-65 RESOLVED that, having considered a communication dated January 23,
1965, from the City Assessor, wherein he recommends that a fee of $5.00
be charged Lor all applications made for lot splits, the Council does
hereby request that the Department of Law submit a legal opinion relative
to the validity of this procedure; and that the City Planning Director
submit his report and recommendation regarding specifications and pro-
cedures in this regard; and further, the Director of Public Works is also
requested to submit a detailed renort relative to the actual costs that
are involved as a result of lot splits, to the City.
At the request of Mr. Anthony W. Snycerski, the letter from the Michigan
Liquor Control Commission regarding new Class C license, was removed from the agenda.
By Councilman Ventura, seconded by Councilman Dooley, it was
#125-65 RESOLVED that, having considered a letter dated January 20, 1965,
from Edward Connor, Chairman of the Wayne County Board of Supervisors,
regarding the Federal Economic Opportunity Act of 1964 (war on poverty),
the Council does hereby appoint Councilman Daniel C. Allen to act as Co-
ordinator for the City of Livonia in its participation with the County of
Wayne under the provisions of the aforesaid Economic Opportunity Act of
1964, and does further request that Councilman Allen submit his report and
recommendation regarding the value, if any, that this program would have
for our community.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: *Allen, Dooley, McCann and Ventura.
NAYS: Kleinert.
*Councilman Allen abstained from voting, which is recorded as a "Yes vote under the
provisions of Ordinance No. 27, Sec. 19. The President declared the resolution adopted.
Page 7005
The resolution from the City of Ecorse regarding trailer trucks which carry
flaimnables, was received and filed for the information of the Council.
By Councilman Ventura, seconded by Councilman McCann, it was
#126-65 RESOLVED that, having considered the report and recommendation
dated January 26, 1965, from the Chief City Engineer, approved by the
Director of Public Works, regarding the sidewalk replacement project in
the Smokier-Rousseau Subdivision, wherein the Council did determine by
its resolution #810-64, to have the City install and repair sidewalks
where property owners had failed to do so prior to October 1, 1964, the
Council does hereby authorize, for the reasons outlined in the aforesaid
report and recommendation of the Chief City Engineer, an advance in the
amount of $3,251.64, from the General Funds, which amount will be reim-
bursed to the City by the individual special assessment charges in accord-
ance with the provisions of Ordinance No. 446, and the City's share (for
crosswalks and curb repair) shall be $408.31 which sum is hereby trans-
ferred from Unappropriated Surplus to the Civic Improvement Account of
the General Fund Budget, further, the Council does hereby authorize, for
the reasons outlined in the aforesaid report and recommendation of the
Chief City Engineer, an advance in the amount of 3493.20, which amount
will be reimbursed to the City by the individual special assessment charges
in accordance with the provisions of Ordinance No. 446, for the construction
and installation of a public sidewalk along the north side of West Chicago
Road in front of Bureau of Taxation Parcel C2b, between Middlebelt Road and
Emerson Junior High School property, which work was previously authorized
in resolution #811-64, and the City's share for same shall be in the amount
of $230.40, which sum is hereby transferred from Unappropriated Surplus to
the Civic Improvement Account of the General Fund Budget.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Allen, Dooley, McCann, Ventura and Kleinert.
NAYS: None.
By Councilman Dooley, seconded by Councilman McCann, it was
#127-65 RESOLVED that, having considered a communication dated January 29,
1965, from Clarence R. Charest, attorney, 33636 Five Mile Road, Livonia,
to which is attached a statement for services rendered in the amount of
$275.00, in the case of City of Livonia vs Northwestern Mortgage Company,
et al, submitted pursuant to resolution #1020-64, as well as having considered
an Order of Dismissal, attached thereto, dated January 27, 1965, signed by
the Honorable Joseph G. Rashid, the Council does hereby authorize payment
in the amount of $275 to Mr. Clarence R. Charest, and for this purpose ap-
propriates the sum of $275 from Unappropriated Surplus to Acct. No. 146-2-
Professional Services of the Department of Law, and the City Clerk and City
Treasurer are hereby requested to do all things necessary or incidental to
the full performance of this resolution, and
BE IT FURTHER RESOLVED that the aforesaid Order of Dismissal reads
as follows:
Page 7006
"This matter, having come on to be heard, upon a motion for additional
findings by the Court, as filed by the Plaintiff, and Plaintiff having
been represented by HARRY M. SMIT, and the Defendants, JOHN DAUGHERTY,
DORIS BAUMGARTNER, GEORGE JACKMAN, ROY PUCKETT, JACK SALVADORE and
ALBERT SCHLACK having been represented by CLAREIJCE R. CHAREST, and the
Court being fully advised in the premises,
"IT IS HEREJ3Y ORDERED that the Motion for Additional Findings by the
Court is denied.
"IT IS FURTHER ORDERED that this matter be dismissed as to JOHN
DAUGHERTY, DORIS BAUMGARTNER, GEORGE JACKMAN, ROY PUCKETT, JACK
SALVADORE, ALBERT SCHLACY and HARVEY MOELKE, without prejudice. "
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Allen, Dooley, McCann, Ventura and Kleinert.
NAYS: None.
By Councilman Allen, seconded by Councilman McCann and unanimously
adopted, it was
#12F-65 RESOLVED that, having considered a letter dated January 29, 1965,
from Mr. W. D. Brotherton, Jr. , 14340 Hillcrest, Livonia, Michigan, to which is
attached a letter dated January 29, 1965, to the City Planning Commission,
and the report dated February 9, 1965, from the Chief City Engineer, ap-
proved by the Director of Public Works, with regard to a lot split in B. E.
Taylor's Schoolcrait Manor Subdivision No. 2, the Council does hereby deny
the request for the lot split at this time.
By Councilman Ventura, seconded by Councilman Dooley, it was
#129-65 RESOLVED that, this is to formally acknowledge acceptance of a
gift in the amount of $800 from the Detroit Red Wing Alumni Association
by its Secretary-Treasurer, Mr. John H. Sherf, 440 Brentwood, Dearborn, Michigan,
to be used by the City's Recreation Department for the promotion of or-
ganized amateur hockey by the youth of our community; and
BE Ir FURTHER RESOLVED that, the City Council does hereby express
its gratitude and appreciation for this splendid gesture and to commend
the Detroit Rea Wing Alumni Association for its interest in helping to
promote an activity which can only inure to the City's betterment and
general welfare.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Allen, Dooley, McCann, Ventura and Kleinert.
NAYS: None.
L
By Councilman Ventura, seconded by Councilman Dooley and unanimously
adopted, it was
Page 7007
L #130-65 RESOLVED that, the communication dated February 10, 1965, from
the Chief Accountant, submitted pursuant to resolution #104-05, regarding
Detroit Red Wing Alumni Association, Inc., check for promotion of Organized
Amateur Hockey, is hereby referred to the Committee of the Whole.
The petition for transfer of taxicab license, submitted by Philip J. Neudeck,
attorney, was removed from the agenda, pending receipt of an application for license.
By Councilman Allen, seconded by Councilman Dooley, it was
#131-o5 RESOLVED that, the communication dated February 2, 19b5, from
Clarence R. Charest, Attorney, 33636 Five Nile Road, Livonia, Michigan, in
behalf of Mr. George Howard of 14955 Norman Avenue, Livonia, Michigan, request-
ing approval on an application made previously for a Class C license (pre-
viously referred to the Committee of tee Thole by resolution #844-64), is
hereby referred to the Committee of the Whole for its consideration in this
regard.
A roll call vote was taken on the foregoing resolution with the following result:
AYE3: Allen, Dooley, Ventura. and Kleinert.
NAYS: McCann.
LThe President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman McCann and unanimously
adopted, it was
#132-65 RESOUJED that, the Council does hereby request the Board of Wayne
County Road Commissioners to submit to the Council a list of all owners of
property from whom road dedications and rights-of-way must be obtained on
Merriman Road, between Seven Mile Road and Eight Milo Road, in the City of
Livonia, Wayne County, Michigan, for the improvement of Merriman Road in this
area, and further requests information relative to the progress that has
been made in the acquisition of such road dedications to date, as well as
the names of those agents and officials who are performing the service of
obtaining the road dedications in this regard; and the City Clerk is
hereby authorized to transmit a certified. copy of this resolution to the
Board of Wayne County Road Commissioners.
By Councilman Ventura, seconded by Councilman Allen and unanimously
adopted, it was
#133-05 RESOLVED that, having considered a communication dated Januar3, 21,
1965, from the Chief City Engineer, appro/ed by the Director of Public
L Works, regarding transfer of property to the Board of County Road Com-
missioners of Wayne County from the Citir of Livonia and more particularly
road dedications on Merriman Road from Seven Mile Road to Eight Mile Road
(ref: council resolutions #600-63 and #116-64), and the Council having
heretofore consented to the assumption of jurisdiction of said road
Page 7008
(resolution {111-65), and it appearing to the Council that such parcels
are required by said Road Commission in order to provide ultimate right-
of-way requirements of said road, the Council does hereby authorize the
Mayor and City Clerk to execute the Quit Claim Deed, prepared by said
Board, accompanying the afcresaid communication from the Chief City
Engineer, for and in behalf of the City of Livonia, and the City Clerk
is authorized to transmit said Pu it Claim Deed to the Board of County
Road Commissioners, attention of Wilfred M. Steinke, Director of Real
Estate Division, for recoruin-, and to do all other things necessary or
incidental to the full performance of this resolution.
By Councilman Ventura, secorded by Councilman McCann, it was
#134-65 RESOLVED that, having considered the report dated February 2,
1965, from the Chief City Engineer, approved by the Director of Public
Works, the Council does hereby accept the hid of Orr Brothers, Inc.,
19049 Farmington Road, Livonia, Piehinan, in the total amount of 48,186.00
(base bid of 46,550.00 and an addition for Alternate No. 1 of $1,636.00)
less 4330.00 because of bond and insurance requirement waivers set forth
hereafter, for the renovation of the Council chambers in the City Hall
building, such having been in fact the lowest bid received for this item,
and for this purpose the sum of ,?7,856.00 is hereby appropriated from
Unappropriated Surplus to the City Hall Renovation Account, and that based
upon the recommendation made by Mr. William P. Lindhout, AIA, the
performance bond, labor and material bond, and tre maintenance and
guarantee bond requirements set forth in Articles 28, 29 and 30 in the
General Conditions of the Contract are hereby waived and the insurance
requiremerts prescribed in Article 26 are modified and chanced so as to
require 4100,000/$300,000 coverage in lieu of $1O0,000/$4o0,000.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Allen, Dooley, McCann, Ventura and Kleinert.
NAYS' None.
By Councilman Ventura, seconded by Councilman Dooley, it was
#135-65 RESOLVED that, having considered the report and recommendation
dated February 2, 1965, from the Chief City Engineer and Commissioner of
the Water and ,.Sewer Division, approved by the Director of Public Works,
the Council does hereby accept the bid of E. S. Mather, Inc. , 30777
Shiawassee, Farmington, Michigan, fur providin.F_ cover material for the
City's refuse disposal site, the first 10,000 cubic yards shall be at a
price of 42,400 and the unit price of .;Y.2o per cubic yard for additional
cover material which is more than 2,000 cubic yards, said bid having been
in fact the lowest bid received for this material; and the Mayor and
City Clerk are hereby authorized to execute a contract for and in behalf
of the City of Livonia with the aforesaid bidder and to do all other
things necessary or incidental to the full performance of this resolution,
and there being sufficient money in the current budget to accomplish this
purpose, no appropriation is necessary.
A roll call vote was taken on the foregoing resolution with the following result:
Page 7009
AYES: Allen, Dooley, McCann, Ventura and Kleinert.
NAYS: None.
By Councilman Allen, seconded by Councilman McCann and unanimously
adopted, it was
#136-65 RESOLVED that, having considered a communication dated January 28,,
1965, from the Water and Sewer Board, approved for submission by the
Mayor, which transmits resolution No. WS o94 1/65, concerning a water
line extension to service property at 14100 Stark Road, and the surrounding
area, the Council does hereby refer same to the Water and Sewer Committee
of the Council for its report and recommendation along with the referral
that was made to the Committee by resolution #81-65.
By Councilman Dooley, seconded by Councilman McCarnr, it was
#137-65 RESOLVED that, having considered a request made by Mr. Rodney
C. Kropf, attorneY, 32510 Plymouth Road, Livonia, Michigan, in behalf of
the Himander Corporation, 1700 West Eight Mile Road, Suite 128, Southfield,
Michigan, concerning the use of an Irrevocable Letter of Credit in lieu
of the General Improvement Bond for remaining improvements in Beatrice
Gardens Subdivision previously authorized in resolution #742-b4, adopted
September 9, 1964, and subsequently amended by resolution #1005-64, adopted
on December 16, 1964, the Council does hereby determine that for the
purpose of obtaining final plat approval prior to completion of all re-
quired improvements in the proposed Beatrice Gardens Subdivision located
in the Northeast 1/4 of Section 8, City of Livonia, Wayne County, Michigan,
the proprietor may file with the City of Livonia an Irrevocable Letter of
Credit, in addition to the previously authorized financial assurancesset
forth in resolution #742-64, in the amount of 41281,600.00 re the General
Improvement Bond, drawn upon a duly authorized national banking institution
qualified to do business in the State of Michigan, and on such terms,
conditions and forms as may be approved by the Department of Law; 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: Allen, Dooley, McCann, Ventura. and Kleinert.
NAYS: None.
The following resolution was unanimously introduced and adopted:
#130-65 WHEREAS, the Council has learned with profound regret of the
passing of Gerald Berns, a trusted advisor, dedicated servant of Livonia
and friend; and
WHEREAS, during his five and a half years as Assistant City
Assessor, Gerald Berns gained a reputation of a capable assessor and
skilled technician; and
Page 7010
WHEREAS, Gerald Berns played a prominent roll in establishing
assessment procedures so important to the proper and effective functioning
of the City' s goverrunent and the well-being of its citizens; and
WHEREAS, the loss of Gerald Berns will be felt by those at the
City Hall who knew him well, many friends and associates throughout
Livonia, and those who knew him tnrough his fine reputation;
NOW, THEREFORE, BE IT RESOLVED that, the City Council does hereby
pay tribute to Gerald Berns in recognition of his many years of responsible
and fruitful service to the City of Livonia and does hereby record its
bereavement upon the death of a beloved public servant.
On motion of Councilman McCann, seconded by Councilman Allen and
unanimously adopted, this 481st regular meeting of the Council of the City of
Livonia was duly adjourned at 10:10 P. M., February 10, 190.
•
Addison W. Baconi/C)it Clerk