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HomeMy WebLinkAboutCOUNCIL MINUTES 1964-10-21Page 6824 MINUTES CF THE FOUR HUNDRED SIXTY-EIGHTH REGULAR MEETING OF THE CC,UNCIL OF THE CITY OF LIVONIA Un October 21, 1964, the above meeting was held at the City Halls 33001 Five Mile Roads Livonia$ Michigan, and was called to order by the President of the Council at approximately 8307 P. M. Councilman Dooley delivered the invocation. Roll was called with the following results Present-- Rudolf R. Kleinert, Peter A. Ventura, John T. Daugherty, Daniel C. Allen, John F. Dooley, Edward H. McNamara and James R. McCmn. Absent-- None. Elected and appointed officials presents Addison W. Bacon, City Clerk; Harry Snits City Attorney; Milton Firestone, Assistant City Attorney; Robert A. Shaw, Director of Public Works; David L. Jones$ Water and Sewer Commissioner; Daniel R. Andrew, Industrial Coordinator; Milton Holley, City Assessor; Thomas J. Griffiths, Jr., Chief Accountant; John Dufour, Superintendent, Parks and Recreation; Donald Hull, City Planner; Ray Tent, City Planning Commission; Joel LaBo, Director of Public Safety; William J.Strasser, Chief City Engineer; James Miller., Personnel Director; Captain Michael Vorgitch, Police Department; Carl Demek, Superintendent., Operations Division; W. A. Cooper, Director of Civil Defense; and Mayor Harvey W. Moelke. By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was #833-64 RESOLVED that, the minutes of the 467th regular meeting of the Council of the City of Livonia held October 14, 1964, are hereby approved. The report dated October 14, 1964, from the Department of Law regarding the William F. Vaughn vs Civil Service Commission, City of Livonia court case, was recAved and filed for the information of the Council. By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was #834-64 RESOLVED that., the communication dated August 28, 1964, from the Department of Law (Opinion No. 64-41), regarding designation and statutory requirements prescribed for official newspaper of the City of Livonia, sub- mitted pursuant to resolution #373-64, is hereby referred to the Committee of the Whole. Page 6825 The report dated October 9, 1964, from the Civil Service Commission regard- ing the 56 -hour work week for Livonia Fire Fighters, was received and filed for the inf ormation of the Council. By Councilman McNamara, seconded by Councilman Dooley, it was #835-64 RESOLVED that, the Council does hereby rescind its action in rejecting the resolution considered October 14, 19644 which reads as follows: Resolved that, having considered the report of the Finance Committee dated August 17, 1964s concerning a communication dated May 6, 1964, from the Civil Service Commission (resolution #439-64 ), regarding the administrative and professional group personnel wages, as well as a letter dated August 3, 1964, signed by employees of the administrative and professional group, respectfully requesting the Council to consider again the recommendations of the Civil Service Commission, the Council does hereby concur in and grant the recommended adjustments to the administrative and professional group and establish the effective date coinciding with previous increases granted by the Council', to wit: the first full pay period in the month of April1964, and for this purpose does hereby appropriate the sum of $4,11.00 from Account #362-2 (Unallocated Funds) to: Account No. 137-1 Accounting Department $358.00 it " 139-1 Budget -Purchasing 684.00 it it 146-1 Legal Department 534.00 It it 159-1 Civil Service ,301.00 to " 163-1 Library 165.00 175-1 Police Department 410.00 219-1 Inspection Division 301.00 235-1 Operations Division 206.00 255-1 Engineering Division 205.00 309-1 Recreation Division 37.00. " 195-1 Fire Department 13.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Allen and Kleinert. NAYS: Ventura and Daugherty. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Allen, it was #836-64 RESOLVED that, having considered the report dated August 17 1964, of the Finance Committee, concerning a communication dated May 6, 196., from the Civil Service Commission (resolution #439-64), regarding the administrative and professional group personnel wages, as well as a letter dated August 3, 1964, signed by employees of the administrative and pro- fessional group, respectfully requesting the Council to consider again the recommendations of the Civil Service Commission, the Council does hereby concur in and grant the recommended adjustments to the administrative and professional group and establish the effective date to be December 1, 1964. A: roll call vote was taken on the foregoing resolution with the following results Page 6826 AYES: Dooley, McNamara, McCann, Allen and Kleinert. MYS: Ventura and Daugherty. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Dooley and unanimously adopted, it was #837-64 RESOLVED that, the Council having adopted resolution #561-64, at its regular meeting held on July 1, 1964, requiring the Chief City Engineer to ascertain the assessed valuation of all property affected by the paving of Levan Road from Six Mile Road to Ladywood Avenue, in Section 17 in the City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be pre- pared plans and specifications therefor, and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendations as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district; and it appearing to the Council that all of such information, estimate,, plans and specifica- tions and recanmendations have been properly filed by the Chief City Engineer with the City Clerk, under date of October 16, 1964, and that there has been a full compliance with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure." the Council does hereby set Monday, November 16, 1964, at 8:00 o'clock p. m., as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonda, Michigan, pursuant to Section 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publica- tion of such hearing as is required by Section 3.04 of said Ordinance. By Councilman Dooley, seconded by Councilman Allen, it was #838-64 RESOLVED that having considered a letter dated September 18, 1964, from the Department of Law regarding an amendment to a land contract dated April 1, 1963s between the City of Livonia, as Purchaser, and Henry S. Alper and Agnes V. Alper, his wife; Joshua J. Stone and Eunice Stone, his wife; Robert L. Alper and Lenore Alper, his wife; Donald A. Krupp and Marcia Krupp, his wife; Space Realty Company, a Michigan Corporation; Alto Building Company, a Michigan Corporation; and Gay Land Company, a Michigan Corporation, found in Liber 15140 at pages 445 'through 452 of Wayne County Records, covering property situate in the City of Livonia, Wayne County, Michigan, being a part of the Northwest 1/4 of Section 19, T. 1 S., R. 9 E., the Council does hereby accept such amendment and the aforesaid land contract is hereby amended by changing paragraph No. 3(d) thereof, which amended paragraph shall read as follows: 3(d). That the Purchaser shall have possession of said lands from and after the delivery hereof, while he shall not be in default on Page 6827 and further, the Mayor and City Clerk are hereby directed to affix their signatures to the aforesaid agreement on behalf of the City of Livonia, as well as do all other things necessary to implement this resolution. A roll call vote was taken on the foregoing resolution with the following results AYESs Dooley, McNamara, McCann, Daugherty, Allen and Kleinert. N.AYSs Ventura. The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman McNamara, it was #839-64 RESOLVED that, having considered a communication dated October 7 1964, from the Department of Law, together with a letter dated September 1$�, 1964s from Mid West Builders, Inc., by Sam Lederman, regarding Joy Ann Subdivision No. 2, and it appearing to the Council that the City Clerk should be authorized to substitute a new bond in place of the bond pre- viously issued by Michigan surety Company, the Council does hereby authorize the City Clerk to substitute a good and sufficient bond in the amount of $16,000.00, issued by Continental Casualty Company in the place of the bond presently held by the City as issued by Michigan Surety Company, at the same terms and conditions as heretofore authorized by resolutims #21-58, as amended by resolutions #96-59 and #760-60, said substitution being subject to the approval of the bond as to form by the Department of Law. A roil call vote was taken on the foregoing resolution with the following results A)[ESs Dooley, McNamara, McCann, Ventura, Daugherty, Allen and Kleinert. N .YSS None. By Councilman McNamara, seconded by Councilman Dooley, it was #840-64 RESOLVED that, pursuant to the report and recommendation dated October 12, 1964, of the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of its resolution his part in carrying out the terms hereof, taking and holding such possession hereunder, and shall keep the premises in as good condition as they are at the date hereof and if Purchaser shall fail to perform this contract or any part thereof, the Seller immediately after such default shall have the right to declare the same void and retain what- ever may have been paid hereon and all improvements that may have been made upon the premises as liquidated damages and to consider and treat the Purchaser as his tenant holding over without permission, and may take immediate possession of the premises and the Purchaser and each and every othtr occupant remove and put out; provided, how- ever,the Purchaser shall have the right to remove sand from said premises as well as to assign such right so long as said premises are restored upon the completion of said sand removal to as good condition as they are on the date hereof, and a nuisance is not created thereby* and further, the Mayor and City Clerk are hereby directed to affix their signatures to the aforesaid agreement on behalf of the City of Livonia, as well as do all other things necessary to implement this resolution. A roll call vote was taken on the foregoing resolution with the following results AYESs Dooley, McNamara, McCann, Daugherty, Allen and Kleinert. N.AYSs Ventura. The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman McNamara, it was #839-64 RESOLVED that, having considered a communication dated October 7 1964, from the Department of Law, together with a letter dated September 1$�, 1964s from Mid West Builders, Inc., by Sam Lederman, regarding Joy Ann Subdivision No. 2, and it appearing to the Council that the City Clerk should be authorized to substitute a new bond in place of the bond pre- viously issued by Michigan surety Company, the Council does hereby authorize the City Clerk to substitute a good and sufficient bond in the amount of $16,000.00, issued by Continental Casualty Company in the place of the bond presently held by the City as issued by Michigan Surety Company, at the same terms and conditions as heretofore authorized by resolutims #21-58, as amended by resolutions #96-59 and #760-60, said substitution being subject to the approval of the bond as to form by the Department of Law. A roil call vote was taken on the foregoing resolution with the following results A)[ESs Dooley, McNamara, McCann, Ventura, Daugherty, Allen and Kleinert. N .YSS None. By Councilman McNamara, seconded by Councilman Dooley, it was #840-64 RESOLVED that, pursuant to the report and recommendation dated October 12, 1964, of the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of its resolution #397-59, adopted November 9, 1959, as reinstated by resolution #247-64, adopted March 18, 1964, as amended by resolutions #513-64 and #600-64, so as to reduce the bond for remaining improvements in Country Homes Estates Subdivision No. 2,, to $45,000.00, of which at least $32,000.00 shall be in cash, to cover the cost of remaining improvements in said subdivision; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution; and the Council having heretofore approved the acceptance of an irrevocable letter of credit issued by the Manufacturers National Bank of Detroit, in ;ieu of surety bond in this matters (resolution #247-64), does hereby authorize the acceptance of such irrevocable letter of credit subject to the terms and conditions as heretofore provided., except that the amount may be reduced in accordance with the bond requirements set forth in this resolution. A roll call vote was taken on the foregoing resolution with the following results AXES; Dooley, McNamara, McCann, Ventura, Daugherty., Allen and Kleinert. NAYS: None. By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was #841-64 RESOLVED that, having considered a letter dated July 9, 1964s from the Director of Public Safety, and the letter dated September 3, 1964s from the Michigan Liquor Control Commission, the Council does hereby ap- prove of the request from Bashara' s Bowling Enterprises, Inc., for transfer of stock interest in 1964 Class C licensed business with official permit (Bowling)., located at 28455 Plymouth Road., Livonia., Michigan, through sale of stock by Richard Viles to Police Bashara; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman McNamara., seconded by Councilman Dooley and unanimously adopted, it was #842-64 RESOLVED that$ having considered the letter dated January 27, 1964, from the Michigan Liquor Control Commission,, the Council takes this means to inform the Michigan Liquor Control Commission that it did previously approve, above all others., of a request from Marvin .A. Canvasser, 27600 Schoolcraft Road, Livonia, Michigan (proposed location), for a new full year Class C license (resolution #780-63, adopted October 2. 1963), and takes this means to inform the Michigan Liquor Control Commission that the property located at 27600 Schoolcraft Road, Livonia, Michigan, is presently zoned C-2 and may be used under existing zoning regulations for any com- mercial use including the operation of a Class C licensed business; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. Page 6829 By Councilman Daugherty, seconded by Councilman Allen, it was #843-64 RESOLVED that, the cammunication dated October 13, 1964, from the Michigan Liquor Control Commission, regarding an application from Donald C. Patterson for a new full year Class C license to replace his present resort Class C license with Dance and Food Permits in conjunction, to include transfer of location to approximately thirty-five feet due East of present location at 35780 Five Mile Road, Livonia, Michigan, be referred to the Committee of the Whole for its consideration along with all other applications. A roll call vote was taken on the foregoing resolution with the following results AYES: Dooley, McNamara, McCann, Daugherty, Allen and Kleinert. NAYSs Ventura. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman McNamara, it was #844-64 RESOLVED that, the communication dated October 13, 1964, from the Michigan Liquor Control Commission regarding an application from George Howard, 14955 Norman., Livonia, Michigan, for a new full year Class C license to be located in Livonia, Michigan, be referred to the Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following results AYES: Dooley, McNamara, McCann, Daugherty, .Allen and Kleinert. NAYSs Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McNamara, it was #845-64 RESOLVED that, having considered the communication dated Septem- ber 29, 1964s, from the Director of Public Safety, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby transfer the sum of $3,565.00 to the UniformUcount No. 184-59 of the Police Department Budget from .Account No. 362-2, Unallocated Funds, to provide for the purchase of required uniforms and equipment. A roll call vote was taken on the foregoing resolution with the following results AYES: Dooley, McNamara, McCann, Ventura, Daugherty., Allen and Kleinert. NAYSs None. By Councilman McNamara, seconded by Councilman McCann, it was #816-64 RESOLVED that, having considered the report and recommendation dated October 21, 1964, from Johh E. Hiltz & associates, Inc., consulting Page 6830 engineers, approved by the Chief City Engineer and the Director of Public Works, the Council does hereby accept the unit price bid of $68.00 of Harry Fox, Inc., 15405 Thirteen Mile Road, Fraser, Michigan, for clearing and grubbing of the right-of-way of the Industrial Road by stations of 100 feet, for the estimated cost of $4,366.28 (based on the Engineering Division's estimate of units of work involved), and subject to final pay- ment based on the actual units of work as performed in accordance with the unit prices accepted herein, said estimated cost and unit price having been in fact the lowest bid received for this work; and the Mayor and City Clerk are hereby authcrized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder 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 results (AYES; Dooley, McNamara, McCann, Ventura, Daugherty, Allen and Kleinert. NAYS; None. Councilman McCann offered the following resolution, supported by Councilman Allen and unanimously adopted; #847-64 WHERFAS, Plymouth Road (M-14) from Inkster to Newburgh Road in the City of Livonia, is a state trunk line highway under the jurisdiction of the Michigan State Highway Department, said jurisdiction having been assumed in 1925, and WHEREAS, in 1929, the original 20 foot concrete pavement was widened to 40 feet, which widening was the last widening of Plymouth Road by the Michigan State Highway Department, and WHERFAS, Plymouth Road (M-14), is the main thoroughfare through and across the City of Livonia connecting with the City of Detroit on the east and Plymouth and Northville on the west, and WHEREAS., the traffic on said Plymouth Road (M-114) has increased over the period of years in a tremendous manner the traffic count at the Middlebelt intersection showing a total of 38,79 vehicles per average 24 hour weekday in 1950, and increasing to 97,378 vehicles in 1961, and WHEREAS, the projection for the ultimate development of Plymouth Road (M-14) was to be a 7 lane pavement with a center left turn lane and three moving lanes in each direction, a portion of said road having been widened to said 7 lane type of pavement from Telegraph Road easterly to the Rouge Parkway in the City of Detroit, indicating a traffic warrant for a 7 lane pavement, and WHEREAS, there is a proposal to convert Schoolcraft Highway into a Freeway to be known as I-96, which Freeway will be designated as the future trunk line highway through the City of Livonia, and WHEREAS, because of the proposed Freeway, the Michigan State High- way Department has indicated to the City of Livonia that its present plans Page 6831 for Plymouth Road (M -1h) downgrade said highway to a 5 lane highway as in- dicated in recent discussions between the Department and the City of Livonia concerning "betterment" improvements at the intersectiom of Plymouth and Middlebelt and Plymouth and Merriman, Plymouth and Farmington and Plymouth and Levan Lad,, and WHERFAS$ because of the many street intersections involved, a center left turn lane is urgently necessary on Said highway,, as well as an additional moving lane in each direction,, and WHEREAS., recent traffic accident reports indicate that said high- way is the "County's most Dangerous Highway" by the National Safety Council., and WHEREAS, the City of Livonia has expended millions of dollars for the construction of Livonia #1 Drain to adequately drain said highway,, and WHEREkS., recent discussions with the Department have indicated to the City, that upon the completion of the 1-96 Freeway that jurisdiction of Plymouth Road (M-14) will be returned, 'IDLEPED11 to the City of Livonia, and WHERFAS., a fully widened Plymouth Road as a detour for the pro- posed 1-96 construction is an urgent necessity., NOW., THEREFORE, BE IT RESOLVED that., the City Council of the City of Livonia wishes to advise the MichiganState Highway Department and go on record that because there has been sufficient warrant for the immediate widening of Plymouth Road to a 7 lane highway for the past 15 years, that immediate steps be taken to effect said improvement at the earliest possible da te., and BE IT FURTHER RESOLVED thatt any negotiations with the City of Livonia relative to the 1-96 Freeway development be contingent upon and orate e Inco t therein, plans for the ultimate development of Plymouth Road Lj as a 7 lane highway. By Councilman Ventura, seconded by Councilman Allen and unanimously adopted, it was #848-64 RESOLVED that, the City Clerk is requested to send copies of resolution #847-64., regarding the widening of Plymouth Road to the follow- ing persons: John Meyer,, Director of Engineering.. Michigan State Highway Department; Bernard Trebilcock,9 Director of Route Planning,, MichiganState Highwqy Department; Irving Rubin, Administrative Assistant to the State Highway Commissioner, Detroit Metropolitan District; the Board of Wayne County Road Commissioners; Red -ford Township Board; the Bureau of Public Roads, Washington Do C.; and Senators Patrick V. McNamara and Philip A. Hart. By Councilman Dooley, seconded by Councilman Daugherty and unanimously adopted,, itwas #849-64 RESOLVED that, the letter dated October 20., 1964, from Edward Szmurlo., Agent, 9611 Roseland Avenue, Livoniap regarding the split of Page 6832 Lot #155 of Supervisor's Livonia Plat #2, is hereby referred to the Chief Building ,Inspector for report and recommendation to the Council. By Councilman McCann, seconded by Councilman McNamara' it was RESOLVED that, having considered a communication dated October 21, 1964s from the Chief City Engineer, approved by the Director of Public Works, regarding dedication of Woodring, Van Court, Westmore and Shadyside Streets, as well as the dedication of four (4) easements in connection with the Townhouse Apartment project, located east of Farmington Road and south of Plymouth Road, in accordance with a map thereof, identified as Job BD4560, dated October 17, 1964, the Council does hereby accept the dedication conditioned upon the deposit of $3,000.00 by Shelden Land Company as a repair and guaranty bond for labor and material necessary to meet the City's standards as shall be determined by the report of the Chief City Engineer to the Council, and further, the City Clerk is authorized to record a Grant of Easement and Quit Claim Deed from Shelden Land Company for the streets and easements and to do all other things necessary to carry out the purpose of this resolution. X roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Allen and Kleinert. NAYS: Dooley, McNamara, Ventura and Daugherty. The President declared the resolution denied. By Councilman Daugherty, seconded by Councilman Ventura, it was #850-64 RESOLVED that, the letter dated October 21, 1964, relative to the Townhouse Apartment project, that the subject of sewer facilities for this project is hereby referred to the Chief City Engineer f or a complete report and recommendations as to the adequacy of the existing combination sewers and the resulting effects from a ten-year storm upon the neighborhood and a recommendata.on from the Engineer for other facilities to cope with flood- ing conditions relieved by other methods than ponding in public streets and parking lots. A roll call vote was taken on the foregoing resolution with the following result: ,kYES,: Dooley, McNamara, Ventura and Daugherty. NAYS: McCann, Allen and Kleinert. The President declared the resolution adopted. On motion of Councilman Ventura, seconded by Councilman Dooley and unanimously adopted, this 468th regular meeting of the Council of the City of Livonia was duly adjourned at 9:33 P. M., October 21, 1964. Addison A:a�3 con, GltyCler