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