HomeMy WebLinkAboutCOUNCIL MINUTES 1965-02-03 Page 6985
MINUTES OF THE FOUR HUNDRED EIGHTIETH REGULAR MFFTING
OF THE COUNCIL OF THE CITY OF LIVUNIA
On February 3, 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 8:00 p.m.. Councilman McCann delivered the invocation. Roll was
called with the following result: Present--Rudolf R. Kleinert, James R. McCann,
Peter A. Ventura, John T. Daugherty and Daniel C. Allen. Absent--Edward H. McNamara
and John F. Dooley.
Elected and appointed officials present• Addison W. Bacon, City Clerk,
Harry C. Tatigian, first Assistant City Attorney, Robert A. Shaw, Director of Public
Works; David L. Jones, Water and Sewer Commissioner; Carl Demek, Superintendent,
Operations Division, Victor C. Phillips, Budget Director; John Dufour, Superintendent,
Parks and Recreation, William J. Strasser, Chief City Engineer, John E. Hiltz, Con-
suiting Engineer; Donald Hull, City Planner, Thomas J. Griffiths, Jr., Chief Accountant,
Daniel R. Andrew, Industrial Coordinator, Avram Rosenthal, Librarian; and Duane Roush,
Joseph Jenkin, Thomas Daoust and Mrs. Peggy Miquelon of the Library Commission.
By Councilman Ventura, seconded by Councilman Allen and unanimously
adopted, it was
#88-65 RESOLVED that, the minutes of the 479th regular meeting of the
Council of the City of Livonia, held January 27, 1965, are hereby approved.
*Councilman Edward H. McNamara arrived at 8:02 p.m. .
By Councilman Ventura, seconded by Councilman McCann and unanimously
adopted, it was
#89-65 RESOLVED that, having considered Petition No. 22t503 from
Shelden Homes, Inc. , 32121 Plymouth Road, Livonia, Michigan, and in
accordance with the provisions of Act 73 of the Public Acts of 1959, as
amended, the Council does hereby approve of dividing Lot 503 of Kimberly
Oaks Estates Subdivision No. 3, of part of the Southwest 1/4 of Section 22,
T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, as recorded in
Liber 86, on Page 1 of Plats, WCR, so as to add half of same onto Lot 502
and Lot 504, which new parcels shall be legally described as follows:
Page 6986
A. Lot 502 and Lot 503 except the southerly 35 feet front and
southerly 25 feet rear thereof Kimberly Oaks Estates Subdivision
No. 3 of part of the Southwest 1/4 of Section 22, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan, and
B. Lot 504 and the southerly 35 feet front and southerly 25 feet
rear of Lot 503 Kimberly Oaks Estates Subdivision ao. 3 of part
of the Southwest 1/4 of Section 22, T. 1 S. , R. 9 E., City of
Livonia, Wayne County, Michigan,
as shown on the map attached to the aforesaid petition, which is made a
part hereof by this reference, and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the office of
the Wayne County Register of Deeds.
By Councilman Ventura, seconded by Councilman McCann and unanimously
adopted, it was
#90-65 RESOLVED that, the Engineering Division of the Department of
Public Works is hereby authorized and directed to proceed with the com-
pletion of the specifications and the construction plans and to advertise
for bids for the paving of Levan Road between Ladywood and Six Mile Road
for the construction of the drainage and paving under the special assess-
ment procedure.
By Councilman McCann, seconded by Councilman McNamara, it was
#91-65 RESOLVED that, having considered the letter dated January 23,
1965, from the City Assessor, the Council does hereby approve of a salary
of $45.00 per meeting for members of the Board of Review.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Ventura, Daugherty, Allen, McNamara and Kleinert.
NAYS: None.
By Councilman Ventura, seconded by Councilman Allen and unanimously
adopted, it was
#92-65 RESOLVED that, resolution #86-65, adopted by the Council on
January 27, 1965, be amended to change the date of the first meeting of
the Board of Review from Wednesday, March 3, 1965, to Tuesday, March 2, 1965.
The letter dated January 15, 1965, from the Michigan Municipal League
setting out information regarding the Annual Regional Meeting for all municipal
officials in Region III, was received and filed for the information of the Council.
An Ordinance Establishing Minimum Standards Governing the Condition and
Page 6987
Maintenance of Dwellings; Establishing Minimum Standards Governing Supplied Utilities
and Facilities and other Physical Things and Conditions Essential to Make Dwellings
Safe, Sanitary, and Fit for Human Habitation; Establishing Minimum Standards Govern-
ing the Condition of Dwellings Offered for Rent, Fixing Certain Responsibilities and
Duties of Owners and Occupants of Dwellings, Authorizing the Inspection of Dwellings,
and the Condemnation of Dwellings Unfit for Human Habitation, and Fixing Penalties
for Violations, introduced by Councilman McNamara. on January 27, 1965, was taken
from the table and a roll call vote conducted thereon with the following result:
AYES: McCann, Daugherty, Allen, McNamara and Kleinert.
NAYS: *Ventura.
*Councilman Ventura stated his "ho" vote is based on his feeling that this would be
an invasion of private property rights ii this ordinance is enacted.
The President declared the foregoing Ordiharce duly adopted and would become effective
on publication.
By Councilman Daugherty, seconded by Councilman Ventura, it was
#93-65 RESOLVED that, having considered a request dated January 28, 1965,
from the Sanitary Engineer of the Board of County Road Commissioners of
Wayne County for concurrence in his recommendation to the Board that con-
struction contracts in connection with the Wayne County Metropolitan
Sewerage and Sewage Disposal System, Livonia Section Job S-210-C1 through
C-4, be awarded to low bidders, as well as having considered a communica-
tion dated January 28, 1965, from John E. Hiltz & Associates, Inc.,
Consulting Engineers, 15601 W. McNichols Road, Detroit 35, Michigan, to
which is attached a tabulation of all construction bids received for this
project, the Council does hereby concur in the recommendation made by the
Sanitary Engineer of the Board of County Road Commissioners of Wayne
County, i.e. , that construction bids for each section of the project be
awarded as follows:
Contract 1 - Areas 4a, 5d, 7a.
D'Agostino Construction, Inc. $ 422,444.43
Contract 2 - Area 4b.
DTAgostino Construction, Inc. 422,039.09
Contract 3 - Area 5b .
J. Mancinelli Construction Co. , Inc. 1,195,482.00
Contract 4 - Area 5c .
Rocco Ferrera & Co. , Inc. 1,152,106.80
Page 6988
the aforesaid bids being in fact the low bid received for each contract:
and the City Clerk is hereby requested to forward a certified copy of this
resolution to the Board of County Road Commissioners of Wayne County,
7th floor, City-County Building, Detroit 26, Michigan, to the attention
of Mr. George R. Bingham, Sanitary Engineer.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Ventura, Daugherty, Allen, McNamara and Kleinert.
NAYS: None.
By Councilman Daugherty, seconded by Courcilman Allen, it was
#94-65 RESOLVED that, having considered a letter dated January 21, 1965,
from the Department of Law, submitted pursuant to action taken by the
Council in its resolution #1028-64, with regard to the services to be
rendered by Mr. David Berger of the law firm of Cohen, Shapiro, Berger
and Cohen, 2220 Philadelphia Saving Fund Building, Philadelphia, Pennsylvania
(19107), as special legal counsel in behalf of the City of Livonia,
Michigan, in a class action pending in the United States District Court
for the Eastern District of Pennsylvania, under caption City of Phila-
delphia, Pennsylvania, et al, vs Morton Salt Company, et al, Civil Action
No. 33781, the Council does hereby approve the Fee Agreement to be entered
into with Mr. Berger in this regard, and the Mayor and City Clerk are
herein authorized to execute said agreement in behalf of the City of
Livonia and 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: McCann, Ventura, Daugherty, Allen, McNamara and Kleinert.
NAYS: None.
By Councilman McNamara, seconded by Councilman McCann and unanimously
adopted, it was
#95-65 RESOLVED that, having considered a letter dated January 28, 1965,
from the Department of Law regarding an agreement between the Detroit
Edison Company and the City of Livonia relative to an easement over the
following described property:
The East ten (10' ) feet of the North 1/2 of the Northwest 1/4
of Section 26, Town 1 South, Range 9 East, except the north
102 feet thereof,
the Council does hereby determine to approve the proposed agreement under
and subject to the provisions, terms and conditions contained therein, and
the Mayor and City Clerk are hereby requested to execute the same in behalf
of the City; and the City Clerk is requested to have this document recorded
with the Wayne County Register of Deeds, to forward an executed copy of this
agreement after recording, together with certified copy of this resolution
to the Detroit Edison Company, 2000 Second Avenue, Detroit 26, Michigan,
Page 6959
and to do all things necessary to the full performance of this resolution.
By Councilman Allen, seconded by Councilman McNamara and unanimously
adopted, it was
#96-65 RESOLVED that, having considered an opinion dated January 22,
1965, from the Department of Law, Opinion No. 65-2, submitted pursuant
to resolution #564-o4, in connection with a claim made by Mr. Milton M.
Maddin, attorney, in behalf of Mahlen Land Corporation, for a refund of
certain monies paid for tree and traffic sign charges for Kimberly Oaks
Estates Subdivision No. 1, No. 2, No. 3 and No. 4, the Council does
hereby determine to deny said claim, based upon the reasons set forth
in the aforesaid opinion.
The communication dated January 12, 1965, from the Water and Sewer Board
concerning house water service connections, was received and filed for the information
of the Council.
By Councilman McCann, seconded by Councilman Ventura, it was
#97-65 RESOLVED that, having considered a communication dated January 27,
1965, from the Superintendent of Operations Division and the Director of
Public Works, regarding the settlement of a claim made by the City in the
amount of $500.07 against the Leonard Refineries for poor quality seal
coating, the Council does hereby determine to approve the release and
settlement of this claim in the amount of 4500.07, and the Mayor and City
Clerk are herein authorized to execute the Release and Settlement of
Claim form in the amount of $500.07, submitted by the Hartford Accident
and Indemnity Company and attached to the aforesaid communication from the
Superintendent of Operations Division.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Ventura, Daugherty, Allen, McNamara and Kleinert.
NAYS: None.
Councilman Ventura introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 16 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE 3.00
OF THE ZONING ORDIiANCE, ORDINANCE NO. 60, AS AMENDED,
OF THE CITY OF LIVON'IA BY ADDING- THERETO SECTION
(Petition Z-648)
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.
it
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
Page 6990
Councilman McCann introduced the following Ordinance :
AN ORDINANCE AT.IENDLG ARTICLF, 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 L-652)
The above Ordinance, when adopted, is liled in the Journal of Ordinances, in the
office of the City Clerk and is the same as if work for word repeated herein.
The foregoing Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman McCann introduced Lhe following Ordinance:
AN ORDINANCE Ai-ENDING 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-654)
The above 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 foregoing Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Ventura introduced the following Ordinance :
AN ORDITANCE AMEND11 G 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 1-655)
The above Ordinance, when adopted, is filed in the Journal of Ordinances, in the
office of the City Clerk, and is the same as if work for word repeated herein.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
By Councilman Allen, seconded by Councilman McCann and unanimously
adopted, it was
#98-65 RESOLVED that, having considered the letter dated February 3,
1965, from the City Planner, the Council does hereby rescind its resolution
#886-64, adopted on November 18, 1964, which resolution approved Petition
Page 6991
No. V-79a, it appearing that the Planning Commission is holding further
hearings on this petition.
By Councilman Ventura, seconded by Councilman McNamara and unanimously
adopted, it was
#99-65 RESOLVED that, having considered a communication dated January 19,
1965, from the Michigan Liquor Control Commission regarding a request made
by Jack E. Kirksey that his name be dropped from an application previously
made for a new full year Class C license to be located in the City of Livonia,
which application was originally made in the names of Gene P. Ehrstin and
Jack E. Kirksey, the Council does hereby acknowledge this request and the
City Clerk is directed to do all things necessary to reflect this change.
By Councilman McCann, seconded by Councilman Ventura and unanimously
adopted, it was
#100-65 RESOLVED that, having considered letters dated November 27, 1964
and January 20, 1965, from the Michigan Liquor Control Commission, and the
report and recommendation dated January 19, 1965, from the Director of
Public Safety in connection therewith, the Council does hereby approve of the
request made by Frank Capoccia to add Jack Capoccia as a partner on a
1964-65 SDD and SDM licensed business at 33614 Plymouth Road, Livonia,
Michigan, and the City Clerk is hereby requested to forward a certified
copy of this resolution to the Michigan Liquor Control Commission.
By Councilman McCann, seconded by Councilman McNamara and unanimously
adopted, it was
#101-65 RESOLVED that, having considered a letter dated December 28, 1964,
from the Michigan Liquor Control Commission, and received by the City Clerk
on January 6, 1965, and the report and recommendation dated January 19, 1965,
from the Director of Public Safety, approved by the Mayor, in connection
therewith, the Council does hereby approve of the request of Raymond F.
Garrett and Ethel L. Garrett for a new dance permit to be held in conjunction
with existing 1964 Class C license at 30325 W. Six Mile Road, Livonia,
Michigan; and the City Clerk is hereby requested to forward a certified
copy of this resolution to the Michigan Liquor Control Commission.
By Councilman Ventura, seconded by Councilman Daugherty and unanimously
adopted, it was
#102-65 RESOLVED that, having considered a letter dated September 21,
1964, from the Michigan Liquor Control Commission and received by the City
Clerk on December 24, 1964, and the report and recommendation dated January
22, 1965, from the Director of Public Safety, approved by the Mayor, in con-
nection therewith, the Council does hereby approve of the request from
Warren Damman and Jerry Scully for a new SDM license to be located at
37466 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission.
Page 6992
By Councilman McCann, seconded by Councilman Ventura and unanimously
adopted, it was
#103-65 RESOLVED that, having considered a letter dated December 9, 1964,
from the Michigan Liquor Control Commission, received by the City Clerk on
December 21, 1964, and the report and recommendation dated January 22, 1965,
from the Director of Public Safety, approved by the Mayor, in connection
therewith, the Council does hereby approve of the request from J. Lewis
Campbell for transfer of ownership of 1964-65 5DM licensed business,
located at 27845 W. Seven Mile Road, Livonia, Michigan, from Ambrose G.
Genaw; and the City Clerk is requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission.
The resnort dated January 2b, 1965, from the Department of Law notifying the
Council of the disposition of the Sherwood Lumber Company vs City of Livonia et al,
litigation, was received and filed for the information of the Council.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#104-65 RESOLVED that, a complete and detailed report relative to a gift
to the City of Livonia from the Red Wing Alumni Association be submitted
to the City Council by the next regular meeting of the Council, February 10,
1965.
By Councilman Ventura, seconded by Councilman Allen and unanimously
adopted, it was
#105-65 RESOLVED that, the Council does hereby request the Traffic
Division of the Police Department to review the matter of parking on
Six Mile Road in the vicinity of the Suburban Chop House, 30325 Six Mile
Road, and submit a complete report to the Council as soon as possible.
On motion of Councilman Ventura, seconded by Councilman McNamara and
unanimously adopted, this 480th regular meeting of the Council of the City of Livonia
was duly adjourned at 9:14 P.M., February 3, 19b5.
.4101,
Addison W. Bacon, Clerk