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HomeMy WebLinkAboutCOUNCIL MINUTES 1965-03-03 Page 7037 MINUTES OF THE FOUR HUNDRED EIGHTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA lim On March 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 07 P M. . Councilman Allen delivered the invocation Roll was called with the following result Present--Rudolf R Kleinert , Peter A. Ventura , John T. Daugherty , Daniel C Allen Absent-- *James R. McCann and Edward H McNamara. Elected and appointed officials present Addison W. Bacon, City Clerk, Steve Polgar , City Attorney, Milton Firestone , A.3sistant City Attorney, Robert A. Shaw, Director of Public Works, Don Hull , City Planner, Carl Demek, Superintendent , Operations Division, William J. Strasser , Chief City Engineer, Daniel R Andrew, Industrial Coordinator, David L. Jones , Water and Sewer imCommissioner, Joel LaBo , Director of Public Safety, and Harry C . Tatigian, first A3sistant City Attorney By Councilman Dooley , seconded by Councilman Daugherty and unanimously adopted, it was #197-65 RESOLVED that , the minutes of the 483rd regular meeting of the Council of the City of Livonia held February 24, 1965 , are hereby approved The following resolution was unanimously offered , supported and adopted #198-65 WHEREAS, on February 25 , and February 26 , 1965 , an unusually heavy snowfall did create a condition in the City of Livonia that amounted to a state of emergency, all the usual activities within our City were virtually stopped because of the extreme weather conditions , and WHEREAS , due to the loyalty and efforts of our City employees , especially those in the Department of Public Works , Police and Fire Departments , roads were made passable, emergencies were handled and our im citizens were soon able to resume their normal activities, and WHEREAS, a comparison with comparable conditions in other com- munities warrants this judgment , Page 7038 NOW, THEREFORE, BE IT RESOLVED that , this City Council , on this date, does commend the aforementioned City employees for their im loyalty and responsibilities to their jobs in meeting this emergency, and further, the City Council on behalf of all people in Livonia does extend its grateful thanks to our City employees for a job well done. *Councilman James R McCann arrived at 8 11 P . M. . Councilman Ventura introduced the following emergency Ordinance No 510 AN ORDINANCE AMENDING ORDINANCE NO. 77 OF THE CITY OF LIVONIA KNOWN AS THE RETIREMENT PLAN ORDINANCE , BY AMENDING SECTION 8 01 OF ARTICLE 8 00 THEREOF. The foregoing Ordinance 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 A roll call vote was taken on the above Ordinance with the following result AYES Allen, Dooley, McCann, Ventura, Daugherty and Kleinert NAYS None. The President declared the Ordinance duly adopted and would become effective kw on publication. By Councilman Dooley, seconded by Councilman Allen, it was #199-65 RESOLVED that , the Detroit Bank and Trust Company be , and is hereby, appointed as paying agent for the $1 , 800 00 principal amount of City of Livonia , Wayne County, Michigan, 1964 Motor Vehicle High- way Fund Bonds as follows Par Value Date of Denomination Interest Maturity Coupons Issue Rate Payable $1 , 800 ,000 9- 1-64 $5 ,000 each 3- 1/ 2% $85 ,000 7/1/65 First 85 ,000 7/ 1/66 Coupon 90 ,000 7/ 1/67 Payable " 90 , 000 7/1/68 1/ 1/65 90 ,000 7/1/69 95 ,000 7/ 1/ 70 Coupon " 95 ,000 7/1/71 Payable 3- 1/57 100 ,000 7/ 1/72 Jan. 1 " 115 ,000 7/ 1/ 73 & 120 ,000 7/ 1/ 74 July 1 130 ,000 7/ 1/ 75 3- 1/47 130 ,000 7/ 1/76 " 135 ,000 7/ 1/77 3- 7/ 20/ 215 ,000 7/1/78 " 225 ,000 7/ 1/ 79 Page 7039 BE IT FURTHER RESOLVED that , the Detroit Bank and Trust Company receive as compensation for its services as Paying Agent , fees on the following basis iw For services in paying coupons - $0 . 12 per coupon paid, subject to a minimum of $10 . 00 on any one interest date For services in paying bonds at each maturity or call prior to maturity - $1 . 50 for each bond of $5 ,000 �T Plus out-of-pocket expenses , such as postage , registered mail , etc BE IT FURTHER RESOLVED that , all cancelled bonds , coupons , and statements of account may be forwarded to City of Livonia, Michigan Attention Addison W Bacon, City Clerk Tel No GA. 1-2000 A roll call vote was taken on the foregoing resolution with the following result AYES Allen, Dooley, McCann, Ventura, Daugherty and Kleinert . NAYS None. An Ordinance Amending Section 24 of the Zoning Map of the City of lowLivonia 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-629) introduced on February 24, 1965 , by Councilman McNamara, was taken from the table and a roll call vote conducted thereon with the following result AYES Dooley, McCann, Daugherty and Kleinert . NAYS Allen and Ventura The President declared the foregoing Ordinance duly adopted and would be- come effective on publication An Ordinance to Regulate the Distribution of Commercial and Non- Commercial Handbills and to License Persons Engaged in Business as Bill Posters for Hire and Distributors of Handbills for Hire, to Define Terms im. and to Provide Penalties for the Violation of Such Ordinance , introduced on February 24, 1965 , by Councilman McCann, was taken from the table and a roll call vote conducted thereon with the following result AYES Allen, Dooley, McCann, Ventura , Daugherty and Kleinert , NAYS None. Page 7040 The President declared the foregoing Ordinance duly adopted and would be- come effective on publication. An Ordinance Amending Section 30 of the Zoning Map of the City of im 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-658) introduced on February 24, 1965 , by Councilman Dooley, was taken from the table and a roll call vote conducted thereon with the following result AYES Allen, Dooley, McCann, Ventura, Daugherty and Kleinert . NAYS None. The President declared the foregoing Ordinance duly adopted and would be- come effective on publication. An Ordinance Amending Section 27 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-659) introduced on February 24, 1965 , by Councilman McCann, was taken from the table and a roll call vote conducted thereon with the following result AYES Allen, Dooley, McCann, Ventura, Daugherty and Kleinert NAYS None. imThe President declared the foregoing Ordinance duly adopted and would be- come effective on publication. By Councilman Ventura, seconded by Councilman McCann, it was #200-65 RESOLVED that , having considered the report dated February 16 , 1965, of the Department of Law, relative to the acquisition of parcel 33M2b, which land is necessary for the opening and extension of Yale Avenue south of Plymouth Road and which would extend from the north boundary line of Country Homes Subdivision to Plymouth Road, the Council does hereby authorize the Mayor and City Clerk to execute the necessary purchase agreement to acquire this site for the sum of $9 , 675. 00 , the cost of the acquisition of this property shall be financed from the General Fund of the City of Livonia , the same to be considered an ad- vance from the proceeds of a special assessment district established for the purpose of defraying the cost of the proposed improvement , and which district shall be created pursuant to provisions of Section 3. 03 and 4. 01 of Ordinance No . 401 , as amended, LT. IS FURTHER RESOLVED that , the owner or owners of the pro perty herein to be conveyed shall furnish to the City of Livonia a policy of title insurance bearing a date later than this resolution, guaran- teeing title in the condition required for performance of this resolu- tion, the same being subject to review and approval of the Department of Law, IT IS FURTHER RESOLVED that , a sum not to exceed $300 .00 is hereby appropriated from the General Fund for the purpose of pro- rating at the time of closing the 1964 City, School and County Taxes which have been paid by said owner or owners, IT IS FURTHER RESOLVED that , the owner or owners of the pro- perty herein to be conveyed shall execute on a form approved by the Page 7041 Department of Law, a warranty deed conveying said property to the City of Livonia and described as follows Parcel M2b The westerly 43 feet of the following described parcel That part of the N. W. 1/4 of Section 33 , T 1 S , Range 9 E. , City of Livonia, Wayne County , Michigan, described as beginning at the N W corner of Section 33 and proceeding thence due East along the N Section line, 238 feet , thence S . 00 04 ' 20" W. 330 feet, thence due West , 238 feet , thence N. 00 04 ' 20" E along the W Section line , 330 feet to the point of beginning, and upon receipt of same , the City Clerk is requested to record such warranty deed with the Wayne County Register of Deeds, and further, the City Clerk, City Treasurer and Department of Law are herein authorized to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Allen, Dooley, McCann, Ventura, Daugherty and Kleinert im NAYS None. By Councilman Ventura, seconded by Councilman Allen and unanimously adopted, it was #201-65 RESOLVED that , the matter of fees for appraisals for land necessary for the opening and extension of Yale Avenue south of Ply- mouth Road be tabled pending further report from the City Attorney The resolution dated February 15 , 1965 , from the Water and Sewer Board concurring with action of the Council regarding the Amrhein Road Sanitary Sewer Extension was received and filed The resolution dated February 15 , 1965 , from the Water and Sewer Board concurring with action of the Council regarding the Sanitary Sewer Extension Project , Phase IL was received and filed The letter dated February 16 , 1965 , from the Michigan Liquor. Control [AmCommission requesting the Council to add names of Philip R Hoffiz and Thaddeus J Opalinski as partners in the application for Class C license of Henry Ofiara, was received and filed for the information of the Council Page 7042 The report dated February 17 , 1965 , from the Department of Public Safety regarding parking at the Suburban Chop House , 30325 Six Mile Road, Livonia, submitted pursuant to resolution #105-65 , was received and filed for the information of the Council Councilman Ventura introduced the following Ordinance AN ORDINANCE AMENDING SECTION 31 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-635) 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 repeat- ed herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council By Councilman Daugherty, seconded by Councilman Allen and unanimously adopted, it was #202-65 RESOLVED that , having considered a communication dated February 23 , 1965 , from Marvin R. Stempren, State Representative, 35th District , concerning a proposed amendment to Act 270 , Public Acts of 1921 , as amended, Railroad Maintenance of Way and Equipment , requested by resolution #113-65 , the Council does hereby take this means to advise Representative Stempien that a representative of the Council will appear before the House Committee on Public Safety in support of the proposed bill , if need be By Councilman Dooley , seconded by Councilman McCann, it was #203-65 RESOLVED that , pursuant to the report and recommendation dated February 9 , 1965 , of the Chief City Engineer, approved by the Director of Public Works , the Council does hereby amend Item No . 3 of resolution #504- 61 adopted July 31 , 1961 , as amended by resolutions #537-63, #238-62 , #608-62 and #599- 64, so as to release the cash bond of $2,000 00 deposited to insure the installation of improvements in Taylor Gardens Subdivision, it appearing from the aforesaid report and recommendation that all improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia , and the City Clerk and City Treasurer are herein authorized Im to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result Page 7043 AYES Allen, Dooley, McCann, Ventura, Daugherty and Kleinert NAYS None. By Councilman Ventura, seconded by Councilman McCann and unanimously adopted, it was #204-65 RESOLVED that , having considered the letter received February 18 , 1965 , from Mrs Rita Millman, Tag Day Chairman of Suburban Detroit Chapter of Deborah Hospital , 14120 Greenbriar, Oak Park, Michigan, regarding a contemplated fund raising door- to-door campaign, the Council does hereby take this means to inform such organization that the City of Livonia has existing ordinances regulating this type of activity and therefore refers this organization to the City Clerk and the Livonia Police Department By Councilman Dooley, seconded by Councilman Ventura, it was #205-65 RESOLVED that , having considered the communication dated March 1 , 1965 , from the Industrial Coordinator in regard to a grant of easement obtained from the Chesapeake Realty Development Corporation, an Indiana Corporation, dated February 19 , 1965 , which conveys a strip of land 10 feet in width , located south of Amrhein Road in the south- east 1/4 and the southwest 1/4 of Section 30 , the Council does hereby accept for and on behalf of the City of Livonia such grant of ease- ment , the Council does further authorize the advance of the sum of ift $1 . 00 from the General Fund to be made payable to the Chesapeake Realty Development Corporation in consideration for this conveyance , and the City Clerk is hereby requested to have such grant of easement recorded at the Wayne County Register of Deeds office 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 wibh the following result AYES Allen, Dooley , McCann, Ventura, Daugherty and Kleinert NAYS None By Councilman McCann, seconded by Councilman Daugherty, it was #206-65 RESOLVED that , having considered a communication dated March 1 , 1965 , from the Department of Law, to which is attached a communication dated February 9 , 1965 , from the Chief City Engineer in regard to warranty deeds obtained from Elmdale , Inc , a Michigan corporation, in connection with right-of-way requirements for the proposed Parklane Apartment Site located in the S. W. 1/4 of Section 13 , the Council does hereby accept for and on behalf of the City of Livonia conveyances made by warranty deeds from Elmdale, Inc . , a Michigan corporation, the following described property Page 7044 Commencing at the S. W. corner of Section 13 , I . 1 S . , R. 9 E , City of Livonia , Wayne County , Michigan, thence due east 1289 74 feet along the south line of said section, thence due north 33 . 00 feet to a point of beginning, thence N. 1° 05 ' 08" W. 327 . 43 ft , thence S . 89 ° 42 ' 43" W. 627 . 72 ft , thence S . 44° 38 ' 37" W. 108 . 55 ft , thence due west 249 31 ft . , thence N. 0° 28 ' 57" W 50 . 00 ft , thence due east 228 84 feet , thence N. 44° 38 ' 37" E . 108 , 40 ft . , thence N. 89 ° 42 ' 43" E. 697 77 ft , thence 8 . 1 "05 '08" E . 377 69 ft , thence due west 50 , 01 ft to the point of beginning, containing 1 . 56 acres , and Commencing from the S. W. corner of Section 13 , T. 1 S . , R 9 E . , City of Livonia, Wayne County , Michigan, thence due D . Along the S. line of Section 13 , 332 . 60 / to the point of beginning, thence N. 0 degrees 28 minutes 57 seconds West 280 00 feet , thence due E 27 4 feet , thence S. 0 degrees 28 minutes 57 seconds East 280 00 feet , thence due west 27 . 40 feet , to the point of beginning, and the City Clerk is hereby requested to have such warranty deeds recorded at the Wayne County Register of Deeds office and to do all things necessary and pertinent to the full performance of this resol- ution. A roll call vote was taken on the foregoing resolution with the following Ireaul� . AYES Allen, Dooley , McCann, Daugherty and Kleinert . NAYS Ventura . The President declared the resolution adopted. By Councilman Allen, seconded by Councilman McCann and unanimously adopted, it was #207-65 RESOLVED that , having considered the letters dated March 3 , 1965 , from the City Attorney and the Mayor , the Council does hereby reconsider its roll call vote , taken on February 24, 1965 , on the Ordinance to regulate the speed of trains in the City of Livoniu. A roll call vote was conducted on the Ordinance to Regulate the Speed of Trains in the City of Livonia, with the following result AYES None. NAYS Allen, Dooley, McCann, Ventura , Daugherty and Kleinert �_ The President declared the Ordinance denied � Page 7045 Councilman McCann introduced the following new emergency Ordinance No , 515 LAN ORDINANCE TO REGULATE THE SPEED AND OPERATION OF RAILROAD TRAINS WITHIN THE CITY OF LIVONIA. The foregoing Ordinance 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 A roll call vote was conducted on the foregoing emergency Ordinance , with the following result - AYES Allen, Dooley , McCann , Ventura and Daugherty. NAYS Kleinert . The President declared the Ordinance duly adopted and would become effective on publication. The letter dated March 3 , 1965 , from the Mayor , regarding waiving requirements of Ordinance No . 305 , for the construction of a Club Swimming imPool at 9611 Hubbard Road , Livonia ( resolution #154- 65) , was received and filed for the information of the Council . On motion of Councilman Dooley , seconded by Councilman Ventura and unanimously adopted , this 484th regular meeting of the Council of the City of Livonia was duly adjourned at 9 10 P. M. , March 3 , 1965 Addison W. Bacon, Ci Amor k im