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HomeMy WebLinkAboutCOUNCIL MINUTES 1966-09-19 Page 8150 MINUTES OF THE FIVE HUNDRED FORTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 19, 1966, 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 8:11 P. M. Councilman McNamara delivered the invocation. Roll was called with the following result: Present--Peter A. Ventura, Rudolf R. Kleinert, Edward H. McNamara, Jerry Raymond, Robert F. Nash, Jack Salvadore and Edward G. Milligan. Absent--none. Elected and appointed officials present: Addison W. Bacon, City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, first Assistant City Attorney; Don Hull, City Planner; Thomas J. Griffiths, Jr., Chief Accountant; Robert A. Shaw, Director of Public Works; Dan Andrew, Industrial Coordinator; Carl E. Demek, Super- intendent, Operations Division; Richard Jones, Assistant Superintendent of Operations Division; John T. Dufour, Superintendent of Parks and Recreation; Henry G. Sieferd, City Assessor; Ed Siemert, Assistant City Engineer. By Councilman McNamara, seconded by Councilman Raymond, and unanimously adopted, it was #914-66 RESOLVED, that the minutes of the 548th regular meeting of the Council of the City of Livonia, held September 12, 1966, are hereby approved. By Councilman McNamara, seconded by Councilman Nash, it was #915-66 RESOLVED, that the Council of the City of Livonia does hereby accept the resignation of Councilman Jack Salvadore from the Board of Supervisors for the County of Wayne. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Raymond, Nash, Milligan, Kleinert, and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman McNamara, and unanimously adopted, it was #916-66 RESOLVED, that pursuant to Section 1 of Chapter X of the Charter of the City of Livonia, the Council does hereby appoint Rudolf R. Page 8151 Kleinert, to fill the vacancy created by the resignation of Jack Salvadore on the Board of Supervisors for the County of Wayne, to hold office for the balance of his predecessor's term of two years and until his successor shall have been duly appointed and qualified, and with all the powers and duties set forth in said section; provided, however, that the person appointed to such office shall comply with the provisions of Section 2 and 3 of Chapter X of the Charter. By Councilman Kleinert, seconded by Councilman Raymond, it was #917-66 RESOLVED that, having considered the veto by the Mayor, dated September 19, 1966 of resolution #904-66, adopted by the Council on September 12, 1966, the Council does hereby readopt said resolution #901 -66 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: AYES: McNamara, Raymond, Salvadore, Kleinert, and Ventura. NAYS: Nash and Milligan. The President declared the resolution adopted and the Mayor's veto over-ruled. The following resolution was unanimously introduced, supported and adopted: #918-66 WHEREAS, The United States Post Office Department has instituted an economy program which has resulted in the denial of foot delivery to house, to residents of our Community, and WHEREAS, the sole basis for this discrimination is an arbitrary occupancy date established by the Post Office Department, and WHEREAS, this arbitrary policy has resulted in residents living on like streets, and adjoining streets being denied the services provided to other residents on like and adjoining streets, and WHEREAS, every effort has been expended to eliminate this illogical and discriminatory policy as against certain residents of the City of Livonia, by appealing to reason, and by conferring with various representatives of the Post Office Department, but to no avail, and WHEREAS, this arbitrary denial of equal postal service with that provided to other Livonia residents living on streets maintaining the same sidewalk and other facilities appears as a denial of equal protection of the laws, as guaranteed by the Constitution and the Laws of the United States. NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Livonia requests the Law Department of the City of Livonia to commence an action in the Federal Courts, in the form of an action on behalf of its injured citizens, to assure them the equal protection of the law which has arbitrarily been denied to them. This Resolution is made in specific reference to the denial of foot carrier house delivery of postal service to residents of Slatkin Country Home Estates Subdivision, Golf View Meadows Subdivision and the residents of other like subdivisions similarly denied house mail service. Page 8152 By Councilman Kleinert, seconded by Councilman Milligan, and unanimously adopted, it was #919-66 RESOLVED, that having considered a letter dated September 16, 1966 from the City Planning Commission which transmits its resolution #9-141-66 adopted by the Commission on September 6, 1966 with regard to Petition #66-8-2-18 submitted by Lonnie Adams for American Lutheran Church requesting permission to construct a church as a waiver use on Lots 10-12, inclusive, of Winfield Estates Subdivision, located on the south side of Seven Mile Road between Gill and Laurel in Section 9, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 66-8-2-18 is hereby approved and granted subject, however, to the following conditions: 1. that the parking lot have access to Seven Mile Road; and 2. that the access to Seven Mile Road be recorded on the plat to be approved. By Councilman McNamara, seconded by Councilman Salvadore, and unanimously adopted, it was #920-66 RESOLVED that, having considered the letter from the Mayor, dated September 19, 1966 relative to a tour of the Southwest Incinerator plant in Chicago, the Council does hereby refer the same to the Incinerator Committee. By Councilman Milligan, seconded by Councilman Kleinert, it was #921-66 RESOLVED that, having considered the letter from the Mayor, dated September 19, 1966, transmitting a report on taxes in sixty-one Michigan cities, the Council does hereby refer the same to the Committee of the Whole for consideration along with the Budget for the fiscal year 1966-1967. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Raymond, Salvadore, Milligan, Kleinert, and Ventura. NAYS: Nash. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Salvadore, it was #922-66 RESOLVED that, having considered the letter from the Mayor dated September 19, 1966, in response to council resolution #813-66 relative to the deficiency in the Special Police budget, the Council does hereby refer the same to the Committee of the Whole for consideration along with the Budget for the fiscal year 1966-1967. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Raymond, Salvadore, Milligan, Kleinert and Ventura. NAYS: Nash. The President declared the resolution adopted. Page 8153 An Ordinance Amending Section 3 of Ordinance No. 344, As Amended, of the City of Livonia, entitled "An Ordinance Establishing and Fixing Connection Rates to Users and Beneficiaries of the Rouge Valley Sewage Disposal System of the County of Wayne, and Providing for the Allocation and Use of the Revenues Derived from the Collection of Such Rates", introduced by Councilman Kleinert on September 12, 1966, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert, and Ventura. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 3.4 of Article III of Ordinance No. 224, as Amended, of the City of Livonia Known as the "Livonia Sewage Disposal System Ordinance", introduced by Councilman Kleinert on September 12, 1966, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert, and Ventura. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 20.5 of Article XX of Ordinance No. 549, Known and Cited as the "Traffic Ordinance" of the City of Livonia, introduced by Councilman Nash on September 12, 1966, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, Nash, Salvadore, Milligan, and Ventura. NAYS: Raymond and Kleinert. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Licensing and Regulating the Business of Renting and/or Leasing Motorcycles and Motor-Driven Cycles and the Location of Such Business, and Page 8154 to Provide for License and Inspection Fees, introduced by Councilman Nash on September 12, 1966, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Nash, seconded by Councilman McNamara, and unanimously adopted, it was #923-66 RESOLVED, that having considered a letter from the Department of Law dated June 20, 1966, submitted pursuant to council resolution #450-66, which transmits an amendment to Ordinance No. 543, as amended, the Zoning Ordinance, whereby the City Council would expressly be empowered to grant approval to waiver uses even though the same would not be in strict compliance with the standards prescribed in the existing ordinance rela- tive to the same, the Council does hereby refer this matter to the Planning Commission for the purpose of holding a Public Hearing thereon. By Councilman Salvadore, seconded by Councilman Nash, and unanimously adopted, it was #924-66 RESOLVED, that having considered a letter from the Department of Law and the Bureau of Inspection dated August 9, 1966, submitted pursuant to council resolution #652-66, which transmits a proposed amendment to the Building Code Ordinance of the City of Livonia in connection with the Refrigerating Systems Code which purports to eliminate the frequency of user license fees in this regard, the Council does hereby refer this mat- ter to the Legislative Committee for its report and recommendation. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #925-66 RESOLVED, that having considered a letter from the Department of Law dated August 9, 1966, submitted pursuant to council resolution #687-66 which transmits a proposed amendment to the Traffic Ordinance, Ordinance #549, as amended, which purports to prohibit the use of horses on any street or roadway in the City, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation. By Councilman Nash, seconded by Councilman McNamara, and unanimously adopted, it was #926-66 RESOLVED, that having considered a letter dated August 5, 1966 from Kenneth Vollick, Secretary, Ascension Lutheran Church Council, wherein it is requested that the Council consider the installation of Page 8155 sidewalks and street lights along Five Mile Road in front of the Ascension Lutheran Church property, the Council does hereby refer this matter to the Chief City Engineer for a report and recommendation. By Councilman McNamara, seconded by Councilman Raymond, and unanimously adopted, it was #927-66 RESOLVED, that having considered a communication from the Chief City Engineer dated June 29, 1966, approved by the Acting Director of Public Works, submitted pursuant to council resolution #203-66, in con- nection with complaints from Mr. Alfred B. Loos, 29562 Curtis Avenue, Livonia, Michigan, regarding the problem of flooded basements and the need for additional storm sewers in Sunset Hills Subdivision, the Council does hereby refer this matter to the Water and Sewer Committee for its report and recommendation. By Councilman McNamara, seconded by Councilman Salvadore, it was #928-66 RESOLVED, that having considered a communication dated August 29, 1966 from the Department of Law and the Quit Claim Deed attached thereto, which deed was secured in connection with the construction of Levan Road from Ladywood to Six Mile Road in Section 17, and which deed is more particularly described as follows: Quit Claim Deed dated July 29, 1966 executed by Fairway Farms Swim Club, a Michigan non-profit corporation, conveying the east 43 feet of the easterly 15.22 acres of the southerly 40.22 acres of the Northwest 1/4 of Section 17, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, the Council does hereby accept the aforesaid deed for and on behalf of the City of Livonia and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds 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, Raymond, Nash, Salvadore, Milligan, Kleinert, and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman Nash, it was #929-66 RESOLVED, that having considered a communication dated August 23, 1966 from the Department of Law and the two Warranty Deeds attached thereto, submitted pursuant to council resolution #617-66, in connection with the Farmington Road Widening Project between Seven and Eight Mile Roads, which deeds are each dated August 9, 1966 and each executed by Norman E. Salomonson and Virginia J. Salomonson, his wife, conveying: "The East 60.0 feet of the North 66.78 feet of the South 239.42 feet of the East 1/2 of the East 1/2 of the Northeast 1/4 of Section 4, T. 1 S., R. 9 E., Township Page 8156 of Livonia (now City of Livonia), Wayne County, Michigan; Bureau of Taxation Parcel 04W" and "The East 60.0 feet of the North 66.78 feet of the South 172.64 feet of the East 1/2 of the East 1/2 of the Northeast 1/4 of Section 4, T. 1 S., R. 9 E., Township of Livonia (now City of Livonia), Wayne County, Michigan; Bureau of Taxation Parcel 04X" the Council does hereby accept for and in behalf of the City of Livonia the aforesaid Warranty Deeds and the City Clerk is hereby requested to have such deeds recorded in the Office of the Wayne County Register of Deeds 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, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman McNamara, it was #930-66 RESOLVED, that having considered a communication dated August 26, 1966 from the Department of Law and the two deeds attached thereto, sub- mitted pursuant to council resolution #698-66, in connection with the Farmington Road Widening Project between Seven and Eight Mile Roads, which deeds are more particularly described as follows: Quit Claim Deed dated August 3, 1966, executed by Roy N. Crippen and Ella M. Crippen, his wife; and Warranty Deed dated May 25, 1966 executed by Letty Burnett Keithley, a single woman, each conveying: the west 27 feet of lot 5, Folkers Farmington Acres, being a subdivision of part of the Northwest 1/4 of Section 3, T. 1 S. , R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan (Bureau of Taxation Parcel 03a5) the Council does hereby accept for and in behalf of the City of Livonia the aforesaid deeds and the City Clerk is hereby requested to have such deeds recorded in the Office of the Wayne County Register of Deeds 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, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman Nash, and unanimously adopted, it was Page 8157 #931-66 RESOLVED, that having considered a letter dated July 13, 1966 from the chairman of the Municipal Building Authority of Livonia wherein it is requested that a meeting be set between the City Council and the aforesaid authority in connection with the proposed new City Hall, the Council does hereby determine that such meeting shall take place on Tuesday, September 27, 1966 at 8 o'clock p.m. in the City Hall, 33001 Five Mile Road, Livonia, Michigan; further, the City Clerk is hereby requested to forward a copy of this resolution to the Municipal Building Authority. The communication from the Planning Commission, transmitting their study entitled "Livonia Planning Commission--Past, Present, Future", was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman McNamara, it was #932-66 RFROLVED, that pursuant to the report and recommendation of the Chief City Engineer dated August 12, 1966, approved by the Director of Public Works, the Council does hereby release to Sterling Homes, Inc., 17191 Wyoming, Detroit, Michigan, 48221, the $4,200.00 Sidewalk Bond deposited with the City in accordance with resolution No. 536-63, as amended by council resolutions No. 920-64 and No. 17-65, in connection with improvements to be installed in VIV Manor Subdivision located in the S. W. 1/4 of Section 13, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the Chief City Engineer that all of the sidewalk improvements have been satisfactorily installed; and the City Clerk and City Treasurer are herein 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, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman McNamara, and unanimously adopted, it was #933-66 RESOLVED, that having considered a letter dated June 11, 1965 from the City Planning Commission which transmits its resolutions #5-89-65 and #5-90-65, adopted on May 4, 1965, pertaining to the adoption of Part VIII of the Master Plan of the City of Livonia, entitled "Master Library Plan," the Council does hereby acknowledge the receipt of same. The letter from the City Clerk, relative to the "carpet damage claim" for damage to carpet in the Council Chambers, was received and filed for the informa- tion of the Council. By Councilman Salvadore, seconded by Councilman McNamara, and unanimously adopted, it was #934-66 RESOLVED, that having considered a letter received by the City Clerk on August 31, 1966 from Mr. and Mrs. Frank Ping, 15351 Doris, Page 8158 Livonia, Michigan, and others, with regard to the Bell Creek Drain and its effect on the improvement of property in the area, the Council does hereby refer this matter to the Chief City Engineer for his report and recommendation. By Councilman McNamara, seconded by Councilman Kleinert, and unanimously adopted, it was #935-66 RESOLVED, that having considered a letter from the Supt. of Operations Division dated August 29, 1966, approved by the Director of Public Works, wherein it is requested that permission be granted to demolish the garage located on city-owned property on Five Mile Road where the Civil Service offices are presently located, the Council does hereby authorize the Department of Public Works to do all things necessary to demolish and remove the said structure. By Councilman McNamara, seconded by Councilman Salvadore, and unanimously adopted, it was #936-66 RESOLVED, that having considered a letter dated August 22, 1966 from the City Planning Commission which transmits its resolution #8-134-66 with regard to Petition No. 66-3-3-7 submitted by Mrs. Erma S. Constantine for vacating the alley south of and parallel to Five Mile Road between Arden and Merriman Road in the Northeast 1/4 of Section 22 in the City of Livonia, Wayne County, Michigan, the Council does hereby grant the said petition and Petition No. 66-3-3-7 is hereby approved, subject, however, to the granting of a public utility easement that will cover the exact area as the original alley dedication; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #937-66 RESOLVED, that having considered a letter from the City Planning Commission dated August 22, 1966 which transmits its resolution #8-129-66 adopted by the City Planning Commission on August 9, 1966 wherein Part I of the Master Plan of the City of Livonia, the "Master Thoroughfare Plan," is amended by deleting Henry Ruff Road from its northerly point within Devonshire Park Subdivision and Bel Aire Gardens Subdivision to Plymouth Road as the same is located in the North 1/2 of Section 35, City of Livonia, Wayne County, Michigan, the Council does hereby acknowledge receipt of the same. By Councilman McNamara, seconded by Councilman Nash, and unanimously adopted, it was #938-66 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act, (M.S.A.Section 5.2934), as well as Article XXIII of Ordinance 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 Wednesday, October 26, 1966 at Page 8159 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan on the following items: (1) Petition #66-5-1-11 initiated by the City Planning Commission on its own motion for a change of zoning of property located on the east side of Farmington Road, approximately 850 feet south of Schoolcraft Road in the N. W. 1/4 of Section 27 from RUF to M-1, the City Planning Commission having in its resolution #8-132-66 recommended to the City Council that Petition #66-5-1-11 be granted; (2) Petition #66-6-1-12 submitted by Rev. Lyle Adams, President of Middlebelt Nursing Centre, Inc., requesting to rezone property located on the east side of Middlebelt Road, approximately 1600 feet south of Five Mile Road in the N. W. 1/4 of Section 2L1. from RUF to PS, the City Planning Commission having in its resolution #8-126-66 recommended to the City Council that Petition #66-6-1-12 be granted; and (3) Petition #66-6-1-13 submitted by Harry B. Wright for Mrs. Finkell and Mr. and Mrs. Wright requesting to rezone property located on the east side of Melvin Avenue between Seven Mile Road and Clarita Avenue, Parcel Bla from R1A to C-2 for a general commercial development, and Parcel Blb from R1A to R-7 for a multiple housing development, in the Northeast 1/4 of Section 11, the City Planning Commission having in its resolution #8-133-66 recommended to the City Council that Petition #66-6-1-13 be denied; 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 news- paper 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 hear- ing 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. On motion of Councilman Milligan, seconded by Councilman McNamara, and unanimously adopted, this 549th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:30 P. M., September 19, 1966. ADDISON W. BACON, -