Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1965-07-14 Page 7325 MINUTES OF THE FIVE HUNDRED SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 14, 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 6:15 P. M. . Councilman Ventura delivered the invocation Roll was called with the following result Present--Rudolf R Kleinert, Peter A Ventura, Charles J Pinto, Edward H. McNamara and James R McCann. Absent--*John F Dooley Elected and appointed officials present Addison W Bacon, City Clerk, Virginia Handzlik, Deputy City Clerk, Steve Polgar, City Attorney, Harry C Tatigian, first Assistant City Attorney, Daniel R. Andrew, Industrial Coordinator, A.V. Rosenthal, Librarian, William J Strasser, Chief City Engineer, R. L. Sanderson, Chief Inspector, Joel LaBo, Director of Public Safety, Harry Wrightman, City Planning Commission, Thomas J Griffiths, Jr. , Chiei Accountant, Donald Maifert, Chairman et Water and Sewer Board, Don Hull, City Planner, Duane Roush, Library Commission, John Dufour, Superintendent, Parks and Recreation, Victor C Beale, Executive Secretary to the Mayor, W. A. Cooper, Director of Civil Defense, Robert Nash, Zoning Board of Appeals, James N. Jordan, Police Chief, Betsy Tagami, Youth Employment Director, and Joseph J Handzlik, Civil Service Commission. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #673-65 RESOLVED that, the minutes of the 501st regular meeting of the Council of the City of Livonia, held June 30, 1965, are hereby approved The following preamble and resolution were offered by Councilman McNamara and, supported by Councilman McCann #674-65 WHEREAS, by resolution duly adopted on May 13, 1964, this Council did authorize the filing of a petition, signed by the Mayor and City Clerk of tne City, with the Drain Commissioner of the County of Wayne for locating, establishing and constructing a County drain to be located in the City of Livonia, the route thereof being described in said resolution, and did authorize the Drain Commissioner to proceed with the construction and financing thereof under the provisions of Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, Page 7326 AND WHEREAS, proceedings have been taken by the statutory drainage board in accordance wilh the provisions of said law for the locating, establishing, construction and financing of said drain, referred to in said statutory proceedings as "Livonia Drain No 19", AND WHEREAS, said proceedings have progressed to the point where the computation of cost of said drain has been determined to be One Million Two Hundred Eighty Thousand (51,280,000 00) Dollars, and an assessment roll has been prepared and confirmed assessing said estimated cost to the public corporations benefited in accordance with apportionments duly confirmed, as follows City of Livonia 94 316% County of Wayne (drainage of County highways) 5 684% AND WHEREAS, said confirmed assessments are payable in thirty (30) annual installments, the first of whicn is due April 1, 1966, and the balance on April 1st of each year thereafter, with interest at 6% on unpaid install- ments from and after July 1, 1965, subject to adjustment as provided in the resolution of the drainage board confirming said special assessment roll, which special assessment roll is designated. SPECIAL ASSESSMENT ROLL NO 1 - LIVONIA DRAIN NO. 19, the annual installments assessed against the City of Livonia (exclusive of interest) and the due dates being specified as follows Due Date Assessment Installment April 1, 1966 $ 28,294.80 April 1, 1967 28,294 8o April 1, 1968 28,294 8o April 1, 1969 =)8,294 80 April 1, 1970 28,294 8o April 1, 1971 28,294 80 April 1, 1972 28,294.80 April 1, 1973 28,294 80 April 1, 1974 33,010.60 April 1, 1975 33,010 60 April 1, 1976 33,010 60 April 1, 1977 33,010 60 April 1, 1978 33,010.60 April 1, 1979 33,010 60 April 1, 1980 37,Tz6.40 April 1, 1981 37,726 40 April 1, 1982 37,726 4o April 1, 1983 37,726 40 April 1, 1984 Li2,442 20 April 1, 1985 42,44,? 20 April 1, 1986 42,442 20 April 1, 1987 47,158 00 April 1, 1988 47,158 00 April 1, 1989 51,873 80 April 1, 1990 51,873 80 Page 7327 April 1, 1991 856,589 60 April 1, 1992 April 1, 1993 61,305 4o April 1, 1994 56,589 60 66,021 20 April 1, 1995 66,021 20 AND WHEREAS, bonds in anticipation of the assessment installments have been authorized by the drainage board, designated "Livonia Drain No 19 Drainage District Bonds", and being in the aggregate principal amount of $1,280,000 00, which bonds were duly sold at public sale held on July 8th, 1965, to Hutchinson, Shockey, Erley & Company, at an interest cost of 3.59233E9%, AND WHEREAS, the City Council has been fully informed and cognizant of said proceedings as they progressed, and desires that said drain be constructed at the earliest possible moment in the interests of the public health, NOW, THEREFORE, BE IT RESOLVED THAT: 1 The computaticn of cost of said Livonia Drain No 19, in the amount of S1,280,000 00, as prepared and certified by John E Hiltz and Associates, Inc , consulting engineers, is approved and confirmed 2 The assessments to the City of Livonia, based upon the cost duly apportioned to the City of 94 316%, as specified in SPECIAL ASSESSMENT ROLL NO. 1 - LIVONIA DRAIN NO. 19, are duly approved and confirmed, and the sums due and payaele by virtue thereof shall be assessed on the tax rolls of the City and duly paid when due, all in the manner and as required by law 3 The issuance of Livonia Drain No 19 Drainage District Bonds in the aggregate amount of S1,280,000.00, and the aforesaid sale thereof at public sale to Hutchinson, Shockey, Erley & Company at an interest cost of 3 5923389% is approved 4 In the event the County Treasurer of the County of Wayne, Michigan, pursuant to the provisions of Section 474 of Act 40, Public Acts of Michigan, 1956, as amended, is required to advance from County general funds any installment or installments of said special assessment or interest thereon in order to pay bonds issued in anticipation thereof as they mature, said County Treasurer is hereby authorized and directed to deduct the amount of such advance or advances from any moneys (other than those pledged for the payment of debts) then or thereafter payable by him to the City of Livonia 5 Thc statutory drainage board be requested to proceed as rapidly as possible with the delivery of the bonds to finance the cost of said Livonia Drain No 19 and that construction be started as quickly as possible, said drain being immediately necessary for the preservation Land protection of the public health. A roll call vote was taken on the foregoing resolution with the following result: AYES Ventura, Pinto, McNamara, McCann and Kleinert NAYS None Page 7328 The letter dated July 13, 1965, from the City Clerk regarding the City's claim in connection with the loss of the building at Eight Mile and Newburgh Roads, was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman McNamara, it was #675-65 RESOLVED that, having considered a letter dated July 2, 1965, from the Mayor regarding the necessity of providing a suitable display and open house headquarters room at the Congress of Cities Convention of the National Municipal League to be held in the City of Detroit from July 24, 1965, through July 28, 1965, the Council does hereby authorize the expenditure of the sum of 5500 00 from the Council's Public Relations Account #102-22, to be used for this purpose, and the Director of Public Works and City Clerk are hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Pinto, McNamara, McCann and Kleinert NAYS None *Councilman John F Dooley arrived at 8 18 P. M. An Ordinance to Establish Districts in the City of Livonia, to Regulate the Use of Land and Structures Therein, to Regulate and Limit the Height, the Area, the Bulk and Location of Buildings, to Regulate and Restrict the Location of Trades and Industries and the Location of Buildings Designed for Specified Uses, to Regulate and Determine the Area of Yards, Courts and Other Open Spaces, to Regulate the Density of Population, to Provide for the Administration and Enforcement of this Ordinance, to Provide for a Board of Appeals and its Powers and Duties, and to Provide a Penalty for the Violation of the Terms Thereof, introduced on June 30, 1965, by Councilman Pinto, was taken from the table and a roll call vote conducted thereon with the following result AYES• Ventura, Pinto, Dooley, McNamara, McCann and Kleinert NAYS None The President declared the foregoing Ordinance duly adopted and would become effective on publication The Council President announced the receipt of three veto messages from Page 7329 the Mayor of resolutions #651-65, #671-65 and #672-65, all of which were adopted on June 30, 1965 By Councilman McNamara, seconded by Councilman Pinto, it was #676-65 RESOLVED that, having considered the veto by the Mayor, dated July 14, 1965, of resolution #651-65, adopted by the Council on June 30, 1965, the Council does hereby readopt said resolution #651-65, the same as if it were word for word repeated herein A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Pinto, Dooley, McNamara, McCann and Kleinert NAYS• None. The President declared the resolution adopted and the Mayor's veto over-ruled. By Councilman McNamara, seconded by Councilman McCann, it was #677-65 RESOLVED that, having considered the veto by the Mayor, dated July 13, 1965, of resolution #671-65, adopted by the Council on June 30, 1965, the Council does hereby readopt said resolution #671-65, the same as if it were word for word repeated herein A roll call vote was taken on the foregoing resolution with the following result• AYES Ventura, Pinto, Dooley, McNamara, McCann and Kleinert NAYS. None. The President declared the resolution adopted and the Mayor's veto over-ruled By Councilman Ventura, seconded by Councilman McCann, it was #678-65 RESOLVED that, having considered the veto by the Mayor, dated July 14, 1965, of resolution #672-65, adopted by the Council on June 30, 1965, the Council does hereby readopt said resolution #672-65, the same as if it were word for word repeated herein A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Pinto, Dooley, McNamara, McCann and Kleinert NAYS None The President declared the resolution adopted and the Mayor's veto over-ruled Councilman McNamara, offered the following resolution, supported by Councilman *Kleinert #679-65 RESOLVED that, having considered a letter dated June 25, 1965, from the Mayor and submitted pursuant to resolution #570-65, regarding the Page 7330 Merriman Road Improvement Project, the Council does hereby request the Wayne County Road Commission to submit its report relative to the extent of progress hitherto made in the acquisition of necessary rights-of-way in this connection and does further take this means to express its concern, together with that of the Mayor, in the apparent delay that has resulted in the paving of Merriman Road from Six Mile Road to Eight Mile Road, and the City Clerk is requested to forward a certified copy of this resolution to the Wayne County Road Commission, 7th floor, City-County Building, Detroit 26, Michigan. *The President relinquished the chair to the Vice President at 8 55 P. M., to support the above resolution A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Pinto, Dooley, McNamara, Kleinert and McCann NAYS None By Councilman Kleinert, seconded by Councilman *McCann and unanimously adopted, it was #680-65 RESOLVED that, having considered a communication dated June 24, 1965, from the Michigan Liquor Control Commission, regarding an application from Mr Anthony W Snycerski for a new full year Class C license (previously approved by Council resolution #210-62), for the new location of 29229 West Six Mile Road, Livonia, and the Council having previously, in its resolution #778-64, adopted on September 30, 1964, approved certain premises located at 29212 Five Mile Road, Livonia, for the operation of a Class C licensed business by Mr Snycerski, and having also considered a letter dated July 7, 1965, from the Planning Director, submitted pursuant to resolution #665-65, the Council does hereby determine that the new location of 29229 West Six Mile Road, Livonia, is properly zoned for 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 *The President resumed the chair at 9 00 P. M.. By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #681-65 RESOLVED that, having considered a communication dated July 6, 1965, from George M Marston, 0. D., 32037 Plymouth Road, Livonia, and letters dated June 28, 1965 and July 1, 1965, from George Timpona, D. C , 32013 Plymouth Road, Livonia, relative to the proposed municipal parking lot to be located on the South side of Plymouth Road between Ingram and Blackburn, the Council does hereby request the City Planner and the owners of this land and the abutting parcels, to join together to form a committee to establish equitable special assessments for this improvement The report dated June 18, 1965, from the Chief Inspector relative to a complaint on noisy motorcycle sales and service operation at 9601 Inkster Road, sub- Page 7331 mitted pursuant to resolution #575-65, was received and filed Byi Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #682-65 RESOLVED that, having considered a letter dated June 23, 1965, from the Department of Law, submitted pursuant to resolution #345-65, regarding bond requirements in connection with rubbish removal licenses, the Council does hereby acknowledge receipt of said report and the City Clerk is re- quested to forward a copy of same to the Tri-County Sanitation Company, Inc , 11449 Mound Road, Detroit, Michigan The letter dated July 9, 1965, from the Department of Law relative to property damage at 28881 Jamison by Sumark, Inc , was received and filed for the information of the Council. By Councilman Dooley, seconded by Councilman Pinto and unanimously adopted, it was #683-65 RESOLVED that, having considered the communication dated June 25, 1965, from the Board of Wayne County Road Commissioners, submitted pursuant to resolution #809-64, with regard to the estimated cost involved for the improvement of Five Mile Road, the Council does hereby refer the same to the Finance Committee for its report and recommendation to be submitted for consideration in the 1965-66 budget By Councilman Pinto, seconded by Councilman McNamara and unanimously adopted, it was #684-65 RESOLVED that, having considered Opinion No 65-19, dated June 30, 1965, from the Department of Law and submitted pursuant to resolution #546-65, with regard to a proposed baby sitters employment agency in an R-1 district zoning classification, the Council does hereby acknowledge receipt of same and does hereby request the City Clerk to forward a copy of said opinion to Mrs Marion Birdsall, Bird's Baby Sitters Agency, 11808 Haggerty Road, Plymouth, Michigan By Councilman McCann, seconded by Councilman Pinto, it was #685-65 RESOLVED that, having considered the report and recommendation dated July 9, 1965, from the Library Commission regarding bids received in connection with the construction of the proposed new south branch library to be located south of Plymouth Road and east of Farmington Road, the Council does hereby reject all of the bids received for the reasons out- lined in the aforesaid communication, and the Library Commission is hereby authorized to proceed in the manner described in order to obtain new bids in connection with this project A roll call vote was taken on the foregoing resolution with the following result AYES• Ventura, Pinto, Dooley, McNamara, McCann and Kleinert NAYS None Page 7332 By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was #686-65 RESOLVED that, having considered a request dated July 1, 1965, from Harold and Lois Newsom, 33009 Oakley Avenue, Livonia, for a modifi- cation of a requirement described in Ordinance No. 305, as amended, with regard to the construction of a private swimming pool to be located at the aforesaid address, the Council does hereby grant the request for such an exception of the ordinarce uursuart to Section 10 of Ordinance No. 305, and authorizes the issuance of a building permit to construct said swim- ming pool five (5) feet from the westerly lot line of the aforesaid property. By Councilman Ventura, seconded by Councilman McNamara, it was #687-65 RESOLVED that, having considered the report and recommendation dated June 22, 1965, from the Chief City Engineer, approved by the Director of Public Works, and the attached final construction estimate, dated May 28, 1965, the Council does hereby authorize final payment in the amount of S2,538 70 to the Thomas E Currie Company, 27711 Groesbeck Hwy. , Roseville, Michigan, which sum includes the full and complete balance of S2,538 70 due on a contract dated September 30, 1964, 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 the work performed under the said contract, and further, the Council does hereby authorize the adjustment of costs incurred in accordance with the provisions of Ordinance No. 401, for the Lyndon Avenue Special Assessment District No 24 project, and the Harrison Avenue Special Assessment District No 23 project in the following manner based upon the actual construction cost involved. (1) Lyndon Avenue Special Assessment District No 24 Project: Decrease in City share $1,604 4o Decrease in assessment cost 1,6o4.4o (2) Harrison Avenue Special Assessment District No. 23 Project. Decrease in assessment cost S1,403.35, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental tc the full performance of this resolution A roll call vote was caken on the foregoing resolution with the following result AYES: Ventura, Pinto, Dooley, McNamara, McCann and Kleinert. NAYS: None. By Councilman McCann, seconded by Councilman Dooley, it was #688-65 RESOLVED that, having considered the communication dated June 25, 1965, from the Department of Law which transmits an agreement between the Michigan State Board for Libraries and the City of Livonia (Livonia Public Library), wherein the responsibilities of the Michigan State Board for Page 7333 Libraries together with the responsibilities of the Livonia Public Library are set forth in connection with the grant in the amount of S148,400 00, Lto be provided to the City of Livonia under the Library Services and Con- struction Act, Public Law 88-269, 70 Stat 293, 20 U.S.C. 351-358, the Council does hereby authorize the Mayor and City Clerk to execute the afore- said agreement together with the President of the Library Board in behalf of the City of Livonia, and. the City Clerk is hereby authorized to do all things necessary and incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Pinto, Dooley, McNamara, McCann and Kleinert NAYS None By Councilman Dooley, seconded by Councilman McNamara, it was #689-65 RESOLVED that, having considered a letter from Smith-Bisschop and Company, dated June 28, 1965, regarding the special assessment to be imposed on the Merriman Road Industrial Park Subdivision located in the Northwest 1/4 of Section 26, in connection with the Industrial Road im- provement, the Council does hereby waive the interest charges associated with the same until such time as the pavement has been accepted by the City A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Pinto, Dooley, McNamara, McCann and Kleinert LNAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was RESOLVED that, having considered a letter dated June 25, 1965, from the Director of Public Safety, approved for submittal by the Mayor, regarding the repainting of 1965 police patrol vehicles acquired by the Division of Police which were not painted Inca Gold in color, the Council does hereby authorize the use of S150 00 from the Police Budget Account No. 184-7 for this purpose, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance or this resolution. A roll call vote was taken on the ioregoing resolution with the following result: AYES : Ventura, Pinto and McCann NAYS Dooley, McNamara and Kleinert The President declared the resolution denied By Councilman Dooley, seconded by Councilman Pinto, it was L #690-65 RESOLVED that, having considered a letter dated July 6, 1965, from the Municipal Judge, regarding the temporary employment of a Clerk- Typist I during the summer months, the Council docs hereby authorize the transfer of S700 00 from the Witness and Jury Fees Allocation Acct #113-31 to the Salaries and Wages Acct. #113-1 of the Municipal Court Budget for this purpose. Page 7334 A roll call vote was taken on the foregoing resolution with the following result: AYES Ventura, Pinto, Dooley, McNamara McCann and Kleinert. NAYS None By Councilman Ventura, seconded by Councilman Dooley, it was #691-65 RESOLVED that, having considered a communication dated June 29, 1965, from the Department of Law regarding a proposed lease for the residential dwelling located on City owned property at 34004 Seven Mile Road, more commonly known as Quaker Acres, the Council does hereby approve the leasing of said property to Mr. James B Brocklehurst for a period of one year from the date of execution, at a monthly rental of 880.00, and the Mayor and City Clerk are hereby authorized to execute same for and on behalf of the City of Livonia in a form of lease prepared and approved by the Department of Law A roll call vote was taken on the foregoing resolution with the following result: AYES* Ventura, Pinto, Dooley, McNamara, McCann and Kleinert. NAYS None By Councilman Dooley, seconded by Councilman Pinto, it was #692-65 RESOLVED that, having considered the report and recommendation dated July 1, 1965, of the Superintendent of Operations Division, approved by the Director of Public Works and Budget Director, the Council does hereby accept the bid of Ellis & Ford Mfg Co , Inc. , P. O. Box 308, Birmingham, Michigan, for supplying the City with 30,000 feet of 3/4" Type "K" Copper Water Tubing at SO 417 per foot, for a total price of S12,510 00, such having been in fact the lowest bid received for this item A roll call vote was taken on the foregoing resolution with the following result AYES. Ventura, Pinto, Dooley, McNamara, McCann and Kleinert. NAYS* None By Councilman McCann, seconded by Councilman McNamara, it was #693-65 RESOLVED that, having considered a letter from Mrs Donald Clinton, 19020 Merriman Road Livonia, received by the City Clerk on July 9, 1965, regarding the alleged existence of several cats on the adjoining property, the Council does hereby request the Department of Law to prepare an ordinance regulating this problem A roll call vote was taken on the foregoing resolution with the following result AYES* Ventura, Pinto, Dooley McNamara and McCann NAYS* Kleinert. amp The President declared the resolution adopted Page 7335 By Councilman McCann, seconded by Councilman Pinto and unanimously adopted, it was #694-65 RESOLVED that, the Council does hereby request the City Planning Commission to consider initiating on its own motion the rezoning of Parcel 22c369b -- 466, more generally located An 8 93 acre parcel located on the south side of Five Mile Road, just east of the Livonia City Hall, from its present zoning classification of C-2 to P-S By Councilman McCann, seconded by Councilman Pinto and unanimously adopted, it was #695-65 RESOLVED that, the Bureau of Inspection and the Department of Law are hereby requested to submit an amendment to the Building Code whereby minimum specifications will be established for the installation of aluminum, steel and wood windows for residential dwellings By Councilman Dooley, seconded by Councilman McNamara, it was #696-65 RESOLVED that, the Department of Law is hereby requested to submit an amendment to Ordinance No 77, as amended, the Retirement Plan Ordinance, whereby Section 4 01 of same would be modified so as to include for membership in the Retirement System elected officials as well as giving those elected officials currently holding public office retroactive credit for membership where they contribute the amounts required by the ordinance A roll call vote was taken on the foregoing resolution with the following result: AYES Pinto, Dooley, McNmara, McCann and Kleinert NAYS Ventura The President declared the resolution adopted By Councilman Dooley, seconded by Councilman McNamara, it was #697-65 RESOLVED that, having considered the report and recommendation dated July 6, 1965, of the Superintendent of Operations Division, approved by the Director of Public Works and Budget Director, the Council does hereby accept the bid of American Vitrified Products Company, 13020 Newburgh Road, Livonia, for supplying the City with concrete and vitrified pipe for a total price of S2,196 60, such having been in fact the lowest bid received for this item A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Pinto, Dooley, McNamara, McCann and Kleinert NAYS None The letter dated July 9, 1965, from the Department of Law regarding the settlement of Leonard Gowin vs A. J. Dupuis Co , et al, was received and filed for the information of the Council Page 7336 The report of the Municipal Court for the month of June, 1965, was received and filed The following resolution was offered by Councilman McCann, seconded by Councilman Pinto and unanimously adopted #698-65 WHEREAS, James Easton Kelly, a native of Glasgow, Scotland, and an American by choice, faithfully served the City of Detroit as a Plumbing Inspector until his retirement, and WHEREAS, Mr Kelly did forego the pleasures of that retirement for two consecutive summers to assist the City of Livonia during an acute shortage of competent help in the plumbing trade, and WHEREAS, the people of this community will reap permanent benefit from the knowledge that he imparted to our permanent inspection staff, NOW, THEREFORE, BE IT RESOLVED that, James Easton Kelly, having fulfilled his mission and returned to retirement, the Council takes this means to express its appreciation for a job well done On motion of Councilman Dooley, seconded by Councilman Ventura and unanimously adopted, this 502nd regular meeting of the Council of the City of LLivonia was duly adjourned at 9 55 P. M. , July 14, 1965 _f Addison W Bacon, v erk