HomeMy WebLinkAboutCOUNCIL MINUTES 1963-12-04 Page 6341
MINUTES OF THE FOUR HUNDRED THIRTY-SECOND REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On December 4, 1963, 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 8:40 P. M. Councilman McNamara delivered the invocation. Roll was
called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty,
William E. Parks, John F. Dooley, Edward H. McNamara and *James R. McCann.
Abs en t-- Rudolf R. Kleinert.
Elected and appointed officials present: Juanita Hillas, Deputy City Clerk;
Alan Walt, City Attorney; Harry C. Tatigian, Assistant City Attorney; David R.
McCullough, City Planner; Addison W. Bacon, Director of Public Safety; Robert A.
Shaw, Director of Public Works; Thomas J. Griffiths, Jr., Chief Accountant; Victor C.
Phillips, Budget Director; William J. Strasser, Chief City Engineer; Milton R. Holley,
City Assessor; John E. Hiltz, Consulting Engineer; A. V. Rosenthal, Librarian; David
L. Jones, Water and Sewer Commissioner; Daniel R. Andrew, Industrial Coordinator; and
Thomas Heap, Zoning Board of Appeals.
This being Student Government Day, twenty students from high schools in
the City were present.
By Councilman Dooley, seconded by Councilman McNamara and unanimously
adopted, it was
#907-63 RESOLVED that, the minutes of the 431st regular meeting of the
Council of the City of Livonia held November 20, 1963, are hereby approved.
The letter dated December 4, 1963, from the City Attorney, regarding the
Dennis Corporation, et al, vs. City of Livonia, was received and placed on file for
the inf onna tion of the Council.
The letter dated December 2, 1963, from the Department of Law regarding
application for leave to appeal from rulings of the State Tax Commiission,was re-
ceived and placed on file for the information of the Council.
4,
Page 6312
By Councilman McNamara, seconded by Councilman Dooley end unanimously
adopted, it was
#908-63 RESOLVED that, the communication dated November 20, 1963, from
the Department of Law, submitted pursuant to resolution #875-63, regarding
a letter dated October 23, 1963, from Joseph T. Siprak concerning discharge
of special police officer, is hereby referred to the Legislative Committee
for its report and recommendation.
By Councilman Parks, seconded by Councilman Daugherty and unanimously
adopted, it was
#909-63 RESOLVED that, having considered a report dated November 19, 1963,
from the Chief City Engineer, approved by the Director of Public Works,
submitted pursuant to resolution #886-63, relative to the estimated cost
of improving Henry Ruff Road north from Lyndon Avenue, in Section 23, City
of Livonia, Michigan, as well as the legal description of the remaining
right-of-way that would be acquired in order to complete same, the Council
does hereby determine that the request made by A. J. Mummery, 8631 St. Marys,
Detroit, Michigan, received October 28, 1963, for such street improvement
be denied and no further proceedings be commenced in view of the difficulty
of equitably apportioning the benefits and costs of such contemplated
improvement.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#910-63 RESOLVED that, the Council having considered the recommendation
made by the Library Commission in its communication of November 14, 1963,
with regard to proposed library sites, submitted pursuant to resolution
#864-63, the Department of Law is hereby requested to furnish the Council
with information relative to the availability of these sites, the sale price
at which they may be obtained through negotiatiors with the owners, and the
assessed valuation presently placed on same.
By Councilman McCann, seconded by Councilman Parks and unanimously
adopted, it was
#911-63 RESOLVED that, having considered the report dated November 5, 1963,
frac the Chief City Engineer, approved by the Director of Public Works,
submitted pursuant to resolution #182-63, relative to two letters from
Burt Homes, Inc., dated March Lr, 1963, requesting rebates from the Tree
Fund in connection with the development of Meri-Lynn Farms Subdivisions No.
5 and No. 6, the Council requests that the Department of Law furnish a
legal opinion relative to the possible concurrence of this Council with the
aforesaid recommendation from the Chief City Engineer, dated November 5, 1963.
L. The President of the Council congratulated the students participating in
Student Government Day, thanked Don Weingarden of the Livonia Jaycees for organizing
the program, and presented certificates to the following students t
Page 6343
MAYOR: Mike Steffes, Clarenceville
JUDGES David Linderman, Franklin
TREASURER: Lee Sanders, Franklin
DEPUTY TREASURERS Paula Koepke, Ladywood
CITY CLERK: Susan A. Diamond, Ladywood
DEPUTY CITY CLERK: Vicki Saven, Franklin
MEMBERS OF THE COUNCIL: Dave Freidrichs, Bentley
William Klyne, Franklin
Valarie Bugnell, Bentley
Jane Mastro, Bentley
Marcie Belrose, Franklin
Les Schonberg, Clarenceville
Barbara Schobert, Ladywood
CITY ATTORNEY: Pete Rogisart, Bentley
DIRECTOR OF PUBLIC WORKS: Gregg Fuller, Clarenceville
CONSTABLES: Ron Meyer, Bentley
James Glynn, Franklin
POLICE CHIEF: Dan Martin, Franklin
FIRE CHIEF: Nina Smaniotto, Bentley
WATER COMMISSIONER: Nancy Davis, Franklin
LIBRARY COMMISSION: Yoko Takada, Japan
(Exchange Students) Bente Anderson, Denmark
Pat Sullivan, New Zealand
PARKS & RECREATION COMMISSION: Hector Linares, Peru
(Exchange Students) Cemal Luleci, Turkey
Yrjo Koivulehto, Finland
At 9:22 P. M., a recess was called, after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting.
By Councilman McNamara, seconded by Councilman Daugherty and unanimously
adopted, it was
#912-63 RESOLVED that, having considered the communication dated October 29,
1963, from the Water and Sewer Board relative to its resolution No. WS 566 10/63_
adopted on October 14., 1963, with reference to water service for the residents
of the Livonia Hills Estates, the Council does hereby concur with same and
requests the Engineering Division to submit a report, on or before January 15,
1964, regarding the most feasible and practical method of furnishing and con-
tinuing water service to the aforesaid area including a detailed report of
the cost involved for same.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#913-63 RESOLVED that, having considered the recommendation made by the
Chief City Engineer in a letter dated November 1, 1963, approved by the
Mayor and Director of Public Works, regarding Livonia Drain #11 (Patter
Drain), the Council does hereby refer same to the Water and Sewer Committee
Page 6344
of the Council for its report and recommendation; and does further request
that the Budget Director submit a report in detail regarding projected
millage requirements for all storm sewer programs.
By Councilman Daugherty, seconded by Councilman McCann, it was
#9111.-63 RESOLVED that, having considered the recommendation dated
October 23, 1963, from the Chief City Engineer, approved by the Director
of Public works regarding the dedication of a right-of-way for the open-
ing of Berwick Avenue, accepted by the City of Livonia pursuant to
resolution #61-62, which dedication is no longer necessary, the Council
does hereby authorize the Mayor and City Clerk to affix their signatures
to a Quit Claim Deed reconveying the aforesaid property to the Livonia
Public Schools School District; 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: McNamara, McCann, Daugherty, Parks, Dooley and Bagnall.
NAYS: None.
An Ordinance Amending Section 20 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 3.368 (Petition Z-b27a), introduced
on November 20, 1963, by Councilman McNamara, was taken from the table and a roll
call vote conducted thereon with the following result:
AYES: McNamara, Daugherty, Parks, Dooley and Bagnall.
NAYS: McCann.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
By Councilman Dooley, seconded by Councilman McCann and unanimously
adopted, it was
#915-63 RESOLVED that, having considered the report and recommendation
dated November 15, 1963, from the Civil Service Commission, relative to a
proposed amendment to the Retirement Ordinance,Ordinance No. 77, the
Council does hereby request the Department of Law to submit an opinion
regarding the legality and validity of including, as eligible, fee or
contractual employees in such Retirement System.
By Councilman McNamara, seconded by Councilman Dooley, it was
#916-63 RESOLVED that, having considered the report and recommendation
dated November Ili, 1963, from the Chief City Engineer, approved by the
Page 63115
Director of Public Works, and the attached Final Construction Estimate,
dated November 7, 1963, the Council does hereby authorize final payment
in the amount of $20,996.80 to the Ministrelli Construction Company, Inc.,
12210 Merriman Road, Livonia, Michigan, which sum includes the full and
complete balance due on a contract dated September 9, 1963, by and between
the aforesaid company and the City of Livonia for the paving of Cavell
Avenue between West Chicago and Plymouth Road, which final estimate
represents an increase of the City's total contribution in the amount of
$241.!10, and accordingly, the Council does hereby authorize the transfer
of $2411.40 from the Unallocated Fund to the Cavell Avenue Paving Account
of the General Fund; and it being the understanding of the Council that
all 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 work performed under 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: McNamara, McCann, Daugherty, Parks, Dooley and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman McNamara and unanimously
adopted, it was
#917-63 RESOLVED that, having considered the report dated November 15,
1963, from the Industrial Coordinator, the Council does hereby request
that the Industrial Coordinator submit an additional report indicating
the status, nature, and extent of the industrial activity in Section 30
which he makes reference to in said letter of November 15, 1963.
By Councilman Dooley, seconded by Councilman McCann and unanimously
adopted, it was
#918-63 RESOLVED that, having considered the communication dated
November 12, 1963, from Smith-Bisschop & Company, 2631 Woodward Avenue,
Detroit, Michigan, regarding Merriman Road Industrial Subdivision, the
Council does hereby refer the same to the Committee of the Whole.
By Councilman Dooley, seconded by Councilman Daugherty and unanimously
adopted, it was
#919-63 RESOLVED that, consideration of Petition No. 1-608 is hereby
tabled to the next study meeting of the Council.
By Councilman Parks, seconded by Councilman McNamara and unanimously
adopted, it was
Page 6346
#920-63 RESOLVED that, having considered the communication dated
November 13, 1963, from Alto Building Company, 14201 West Eight Mile
Road, Detroit, Michigan, regarding acceptance letters covering improve-
ments in Castle Gardens Subdivisions S and 6, the Council does hereby
refer the same to the Streets, Roads and Plats Committee for its report
and recommendation, and the Chief City Engineer is requested to submit
a report to the Council with regard to over-all improvements in sub-
divisions.
ub-
divisions.
By Councilman McNamara, seconded by Councilman Daugherty and unanimously
adopted, it was
#921-63 RESOLVED that, having considered the report and recommendation
dated November 6, 1963, from the City Planning Commission in regard to
Petition No. 1-612, as amended, submitted by Leon Siegel for change of
zoning on property located on the Northeast corner of Vasser Avenue and
Middlebelt Road in the Southeast i/4 of Section 1 from RUFB to C-i, the
Council does hereby concur with the recommendation of the Planning Com-
mission and the said Petition No. 1-612, as amended, is hereby approved
and granted; and the City Planner is instructed to cause the necessary map
for publication to be prepared indicating the zoning change herein approved
and to furnish the same to the Department of Law and, upon receipt of such
map, the Department of Law is requested to prepare an ordinance amending
Ordinance No. 60 in accordance with this resolution.
*Councilman James R. McCann was excused at 10:03 P.M.
By Councilman Daugherty, seconded by Councilman McNamara and unanimously
adopted, it was
#922-63 RESOLVED that, having considered the letter dated November 2, 1963,
from the Belle Mar Civic Association, concerning the status of Bell Drain
No. 2, and the possible extension of Livonia Drain No. 2, the Council does
hereby refer the same to the Water and Sewer Committee of the Council for
report and recommendation.
By Councilman Daugherty, seconded by Councilman Dooley, it was
#923-63 RESOLVED that, having considered the oral report and recommenda-
tion made on November 20, 1963, by the Finance Committee (pursuant to
resolution #846-63), and a report submitted by the Department of Law,
dated October 18, 1963, submitted pursuant to resolution #729-63, and hav-
ing also considered the proposed contract submitted by Lybrand, Ross Bros.
and Montgomery, under date of September 27, 1963, and the letter dated
November 7, 1963, from the Department of Law suggesting certain revisions
to the contract by and between the City of Livonia and the firm of Lybrand,
Ross Brothers and Montgomery, Certified Public Accountants, Book Building,
Detroit, Michigan, wherein said firm agrees to perform certain auditing
services for the City for the fiscal year ending November 30, 1963, and
certain auditing services for the hater and Sewer Division for the fiscal
year ending February 29, 1964, for a mutually agreed upon compensation,
the Council does hereby approve of such agreements, and pursuant to
Page 637
Chapter VIII, Section 12 of the City Charter and Section 6 of Ordinance
No. 216, the Financial Ordinance, as amended, does hereby designate the
firm of Lybrand, Ross Bros. & Montgomery as the City Auditor for the
fiscal year 1962-63, to prepare the audit required by the above provisions
of law and the aforementioned agreements; and the Mayor and City Clerk are
herein authorized to execute such agreements for and on 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: McNamara, Daugherty, Parks, Dooley and Bagnall.
NAYS: None.
By Councilman McNamara, seconded by Councilman Parks and unanimously
adopted, it was
#924-63 RESOLVED that, the Council does hereby request the Chief City
Accountant to submit a report and accounting on the amount of monies and
funds that still remain outstanding in the November 1, 1955, Sanitary
Sewer Bond Issue.
By Councilman Daugherty, seconded by Councilman Parks and unanimously
adopted, it was
#925-63 RESOLVED that, the Council does hereby request that all City
administrative departments, bonding counsel and financial consultants
that are retained by the City submit to the Council a report or resume
of any and all meetings, conferences, or arrangements made with bonding
agencies or other governmental units relating to progress of sanitary
sewer programs and projects that are financed through bonding procedures.
By Councilman Daugherty, seconded by Councilman McNamara and unanimously
adopted, it was
#926-63 RESOLVED that, the Chief City Engineer is requested to submit
to the Council a revised description of Area 3 of the Master Sanitary Sewer
Program, including those revisions now contained in the amended contract
with the Wayne County Road Commission under Project 309G.
*Councilman James R. McCann returned at 10:15 P. M.
By Councilman Parks, seconded by Councilman Dooley and unanimously
adopted, it was
#927-63 RESOLVED that, having considered the letter dated November 27,
1963, from the Michigan Liquor Control Commission, and the report dated
November 27, 1963, from the Chief of Police of the Livonia Police Depart-
ment, relative to Section 15.3 of Ordinance No. 12, regarding the extension
of closing hours for bowling alleys, the Council does hereby request the
Page 6348
Department of Law to prepare an amending Ordinance to Ofdinance No. 12,
which would change the closing hours for bowling alleys from 2:00 a. m.,
to 11:00 a. m.; the extension of the closing hours would be limited to the
activity of the bowling establishment only and has no applicaticn to any
extension of closing hours for the sale of liquor; this action is taken
to permit those residents of Livonia who work evening shifts to participate
in organized bowling league activities that otherwise would be denied to
them.
By Councilman Parks, seconded by Councilman Daugherty and unanimously
adopted, it was
#928-63 RESOLVED that, having considered the request dated June 21, 1963,
from the Michigan Liquor Control Commission, and the report and recommenda-
tion dated November 26, 1963, from the Director of Public Safety thereon,
the Council does hereby approve the request from Alfred L. Rogala for
adding Daniel L. Rogala as partner with him, to previously approved Class C
license to be held at 39305 Plymouth Road, Livonia, Michigan; and the City
Clerk is requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission.
By Councilman Parks, seconded by Councilman McNamara and unanimously
adopted, it was
#929-63 RESOLVED that, having considered the letter dated July 30, 1963,
from the Michigan Liquor Control Commission, and the letter dated Novem-
ber 26, 1963, from the Director of Public Safety, the City Council hereby
takes this means to inform the Michigan Liquor Control Commiss ion that it
did previously approve, above all others, of a request from Walter J.
Mahalak and Doris M. Mahalak, 9952 Bassett Avenue, Livonia Michigan, for
a new full year Class C license (cf. Council resolutions #866 -61, adopted
December 1, 1961, #876-62, adopted on November 21, 1962, and #622-63,
adopted August 7, 1963), and takes this means to inform the Michigan
Liquor Control Commission that the property located at 30411 Plymouth Road,
Livonia, Michigan, is presently zoned C-2 and may be used under existing
zoning regulations for any commercial use including the operation of a
Class C licensed business; and the City Clerk is requested to forward a
certified copy of this resolution to the Michigan Liquor Control Commission.
By Councilman Parks, seconded by Councilman McCann, it was
RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer, dated November 29, 1963, approved by the Director of
Public Works, the Council does hereby amend Item No. 3 of resolution #21-63,
adopted on January 9, 1963, as subsequently amended by resolution #653-63,
so as to further reduce the bond for remaining improvements in Kimberly
Oaks Estates Subdivision No. 4 to $32,000.00, of which at least $10,000.00
shall be in cash, to cover the cost of remaining improvements in said
subdivision; further, this resolution being conditioned upon the prior
submission to the Council of a written release and satisfaction of the
complaint referred to in said report of the Chief City Engineer; 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 6349
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#930-63 RESOLVED that, the reduction of bond for Kimberly Oaks Estates
Subdivision No. 4, be tabled.
Councilman McNamara introduced the following Ordinances
AN ORDINANCE AMENDING ORDINANCE NO. 423, (F THE
CITY OF LIVONIA KNOWN AND CITED AS THE "DRIVE-IN
THEATER LICENSING ORDINANCE" BY ADDING SECTION
3.1 THERETO.
THE CITY OF LIVONIA ORDAINS:
Section 1. Ordinance No. 423 of the City of Livonia known and cited as the
"Drive-In Theater Licensing Ordinance," is hereby anended by adding Section 5.1 there-
to, which new Section 5.1 shall be inserted after Section 5(h) and before Section 6.
Section 5.1. Upon the filing of the application for license, whetter
for the original license or a renewal thereof, the applicant shall pay to
the City Treasurer an annual fee in the amount of Five Hundred Dollars
($500.00) for drive-in theaters having a capacity of five hundred (500)
vehicles or less. Those drive-in theaters that have a capacity in excess
of five hundred (500) vehicles shall be required to pay an annual fee in
the amount of Five Hundred Dollars ($500.00), plus One Hundred Dollars
($100.00) for each additional one hundred (100) vehicles of capacity, or
fraction thereof, over five hundred (500) vehicles.
Section 2. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section 3. Should any portion of this ordinance be held invalid for any
reasons such holding shall not be construed as affecting the validity of any of the
remaining portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
By Councilman McNamara, seconded by Councilman McCann, it was
#931-63 RESOLVED that, having considered the necessity of furnishing
the residents of the City of Livonia with an adequate recreational programs
the Council does hereby appropriate the sum of $26,000.00, which amount
shall be used for the installation of outdoor lighting at the Livonia Henry
Ford Centennial Athletic Fields and does authorize the transfer of said
sum of $26,000.00 from the Unallocated Fund to the Outdoor Lighting-
Livonia Henry Ford Centennial Athletic Field Account of the Civic Improve-
ment section of the General Fund.
Page 6350
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara, McCann, Daugherty, Parks, Dooley and Bagnall.
NAYS: None.
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
#932-63 RESOLVE) that, the Council does hereby request the Director of
Public Works to submit a report with regard to the status of any present
or future plans or programs of the City regarding the construction or
acquisition of garbage disposal incinerators by the City, or any other
arrangements being contemplated with regard to same; and requests a
report on the status of the existing dump site and its future potential
as estimated as near as practicable by the performance of the past four
years.
By Councilman Daugherty, seconded by Councilman Parks and unanimously
adopted, it w as
#933-63 RESOLVED that, the Council does hereby request the Chief City
Accountant to prepare and submit a report and inventory of the City's
tangible assets, equipment, materials, etc., with a detailed itemization
of same, which compilation shall be based upon the books and records of
each City department, as well as any additional information deemed necessary
in order to give a proper accounting of same.
By Councilman McNamara, seconded by Councilman Daugherty and unanimously
adopted, it was
#931-63 RESOLVED that, having considered the letter dated December 3,
1963, from Merri-Bowl Lanes, 30950 Five Mile Road, Livonia, Michigan, the
Council does hereby request the Department of Law to submit the necessary
resolution or ordinance amendment to accomplish the request contained in
the aforementioned letter.
On motion of Councilman Daugherty, seconded by Councilman McCann and
unanimously adopted, this 432nd regular meeting of the Council of the City of Livonia
was duly adjourned at 10:43 P. M., December 4, 1963.
M: e ^ Clark, City Clerk