Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1965-02-03 Page 6985 MINUTES OF THE FOUR HUNDRED EIGHTIETH REGULAR MFFTING OF THE COUNCIL OF THE CITY OF LIVUNIA On February 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 8:00 p.m.. Councilman McCann delivered the invocation. Roll was called with the following result: Present--Rudolf R. Kleinert, James R. McCann, Peter A. Ventura, John T. Daugherty and Daniel C. Allen. Absent--Edward H. McNamara and John F. Dooley. Elected and appointed officials present• Addison W. Bacon, City Clerk, Harry C. Tatigian, first Assistant City Attorney, Robert A. Shaw, Director of Public Works; David L. Jones, Water and Sewer Commissioner; Carl Demek, Superintendent, Operations Division, Victor C. Phillips, Budget Director; John Dufour, Superintendent, Parks and Recreation, William J. Strasser, Chief City Engineer, John E. Hiltz, Con- suiting Engineer; Donald Hull, City Planner, Thomas J. Griffiths, Jr., Chief Accountant, Daniel R. Andrew, Industrial Coordinator, Avram Rosenthal, Librarian; and Duane Roush, Joseph Jenkin, Thomas Daoust and Mrs. Peggy Miquelon of the Library Commission. By Councilman Ventura, seconded by Councilman Allen and unanimously adopted, it was #88-65 RESOLVED that, the minutes of the 479th regular meeting of the Council of the City of Livonia, held January 27, 1965, are hereby approved. *Councilman Edward H. McNamara arrived at 8:02 p.m. . By Councilman Ventura, seconded by Councilman McCann and unanimously adopted, it was #89-65 RESOLVED that, having considered Petition No. 22t503 from Shelden Homes, Inc. , 32121 Plymouth Road, Livonia, Michigan, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing Lot 503 of Kimberly Oaks Estates Subdivision No. 3, of part of the Southwest 1/4 of Section 22, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, as recorded in Liber 86, on Page 1 of Plats, WCR, so as to add half of same onto Lot 502 and Lot 504, which new parcels shall be legally described as follows: Page 6986 A. Lot 502 and Lot 503 except the southerly 35 feet front and southerly 25 feet rear thereof Kimberly Oaks Estates Subdivision No. 3 of part of the Southwest 1/4 of Section 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and B. Lot 504 and the southerly 35 feet front and southerly 25 feet rear of Lot 503 Kimberly Oaks Estates Subdivision ao. 3 of part of the Southwest 1/4 of Section 22, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, as shown on the map attached to the aforesaid petition, which is made a part hereof by this reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds. By Councilman Ventura, seconded by Councilman McCann and unanimously adopted, it was #90-65 RESOLVED that, the Engineering Division of the Department of Public Works is hereby authorized and directed to proceed with the com- pletion of the specifications and the construction plans and to advertise for bids for the paving of Levan Road between Ladywood and Six Mile Road for the construction of the drainage and paving under the special assess- ment procedure. By Councilman McCann, seconded by Councilman McNamara, it was #91-65 RESOLVED that, having considered the letter dated January 23, 1965, from the City Assessor, the Council does hereby approve of a salary of $45.00 per meeting for members of the Board of Review. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Daugherty, Allen, McNamara and Kleinert. NAYS: None. By Councilman Ventura, seconded by Councilman Allen and unanimously adopted, it was #92-65 RESOLVED that, resolution #86-65, adopted by the Council on January 27, 1965, be amended to change the date of the first meeting of the Board of Review from Wednesday, March 3, 1965, to Tuesday, March 2, 1965. The letter dated January 15, 1965, from the Michigan Municipal League setting out information regarding the Annual Regional Meeting for all municipal officials in Region III, was received and filed for the information of the Council. An Ordinance Establishing Minimum Standards Governing the Condition and Page 6987 Maintenance of Dwellings; Establishing Minimum Standards Governing Supplied Utilities and Facilities and other Physical Things and Conditions Essential to Make Dwellings Safe, Sanitary, and Fit for Human Habitation; Establishing Minimum Standards Govern- ing the Condition of Dwellings Offered for Rent, Fixing Certain Responsibilities and Duties of Owners and Occupants of Dwellings, Authorizing the Inspection of Dwellings, and the Condemnation of Dwellings Unfit for Human Habitation, and Fixing Penalties for Violations, introduced by Councilman McNamara. on January 27, 1965, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McCann, Daugherty, Allen, McNamara and Kleinert. NAYS: *Ventura. *Councilman Ventura stated his "ho" vote is based on his feeling that this would be an invasion of private property rights ii this ordinance is enacted. The President declared the foregoing Ordiharce duly adopted and would become effective on publication. By Councilman Daugherty, seconded by Councilman Ventura, it was #93-65 RESOLVED that, having considered a request dated January 28, 1965, from the Sanitary Engineer of the Board of County Road Commissioners of Wayne County for concurrence in his recommendation to the Board that con- struction contracts in connection with the Wayne County Metropolitan Sewerage and Sewage Disposal System, Livonia Section Job S-210-C1 through C-4, be awarded to low bidders, as well as having considered a communica- tion dated January 28, 1965, from John E. Hiltz & Associates, Inc., Consulting Engineers, 15601 W. McNichols Road, Detroit 35, Michigan, to which is attached a tabulation of all construction bids received for this project, the Council does hereby concur in the recommendation made by the Sanitary Engineer of the Board of County Road Commissioners of Wayne County, i.e. , that construction bids for each section of the project be awarded as follows: Contract 1 - Areas 4a, 5d, 7a. D'Agostino Construction, Inc. $ 422,444.43 Contract 2 - Area 4b. DTAgostino Construction, Inc. 422,039.09 Contract 3 - Area 5b . J. Mancinelli Construction Co. , Inc. 1,195,482.00 Contract 4 - Area 5c . Rocco Ferrera & Co. , Inc. 1,152,106.80 Page 6988 the aforesaid bids being in fact the low bid received for each contract: and the City Clerk is hereby requested to forward a certified copy of this resolution to the Board of County Road Commissioners of Wayne County, 7th floor, City-County Building, Detroit 26, Michigan, to the attention of Mr. George R. Bingham, Sanitary Engineer. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Daugherty, Allen, McNamara and Kleinert. NAYS: None. By Councilman Daugherty, seconded by Courcilman Allen, it was #94-65 RESOLVED that, having considered a letter dated January 21, 1965, from the Department of Law, submitted pursuant to action taken by the Council in its resolution #1028-64, with regard to the services to be rendered by Mr. David Berger of the law firm of Cohen, Shapiro, Berger and Cohen, 2220 Philadelphia Saving Fund Building, Philadelphia, Pennsylvania (19107), as special legal counsel in behalf of the City of Livonia, Michigan, in a class action pending in the United States District Court for the Eastern District of Pennsylvania, under caption City of Phila- delphia, Pennsylvania, et al, vs Morton Salt Company, et al, Civil Action No. 33781, the Council does hereby approve the Fee Agreement to be entered into with Mr. Berger in this regard, and the Mayor and City Clerk are herein authorized to execute said agreement in behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Daugherty, Allen, McNamara and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #95-65 RESOLVED that, having considered a letter dated January 28, 1965, from the Department of Law regarding an agreement between the Detroit Edison Company and the City of Livonia relative to an easement over the following described property: The East ten (10' ) feet of the North 1/2 of the Northwest 1/4 of Section 26, Town 1 South, Range 9 East, except the north 102 feet thereof, the Council does hereby determine to approve the proposed agreement under and subject to the provisions, terms and conditions contained therein, and the Mayor and City Clerk are hereby requested to execute the same in behalf of the City; and the City Clerk is requested to have this document recorded with the Wayne County Register of Deeds, to forward an executed copy of this agreement after recording, together with certified copy of this resolution to the Detroit Edison Company, 2000 Second Avenue, Detroit 26, Michigan, Page 6959 and to do all things necessary to the full performance of this resolution. By Councilman Allen, seconded by Councilman McNamara and unanimously adopted, it was #96-65 RESOLVED that, having considered an opinion dated January 22, 1965, from the Department of Law, Opinion No. 65-2, submitted pursuant to resolution #564-o4, in connection with a claim made by Mr. Milton M. Maddin, attorney, in behalf of Mahlen Land Corporation, for a refund of certain monies paid for tree and traffic sign charges for Kimberly Oaks Estates Subdivision No. 1, No. 2, No. 3 and No. 4, the Council does hereby determine to deny said claim, based upon the reasons set forth in the aforesaid opinion. The communication dated January 12, 1965, from the Water and Sewer Board concerning house water service connections, was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Ventura, it was #97-65 RESOLVED that, having considered a communication dated January 27, 1965, from the Superintendent of Operations Division and the Director of Public Works, regarding the settlement of a claim made by the City in the amount of $500.07 against the Leonard Refineries for poor quality seal coating, the Council does hereby determine to approve the release and settlement of this claim in the amount of 4500.07, and the Mayor and City Clerk are herein authorized to execute the Release and Settlement of Claim form in the amount of $500.07, submitted by the Hartford Accident and Indemnity Company and attached to the aforesaid communication from the Superintendent of Operations Division. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Daugherty, Allen, McNamara and Kleinert. NAYS: None. Councilman Ventura introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 16 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING ORDIiANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVON'IA BY ADDING- THERETO SECTION (Petition Z-648) 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 repeated herein. it The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Page 6990 Councilman McCann introduced the following Ordinance : AN ORDINANCE AT.IENDLG ARTICLF, 4.00 OF ORDINANCE NO. 60 AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE ZONING ORDINANCE, BY ADDING THERETO SECTION 4.47. (Petition L-652) The above Ordinance, when adopted, is liled in the Journal of Ordinances, in the office of the City Clerk and is the same as if work for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman McCann introduced Lhe following Ordinance: AN ORDINANCE Ai-ENDING SECTION 2 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-654) The above 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 repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura introduced the following Ordinance : AN ORDITANCE AMEND11 G SECTION 2 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 1-655) The above Ordinance, when adopted, is filed in the Journal of Ordinances, in the office of the City Clerk, and is the same as if work for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Allen, seconded by Councilman McCann and unanimously adopted, it was #98-65 RESOLVED that, having considered the letter dated February 3, 1965, from the City Planner, the Council does hereby rescind its resolution #886-64, adopted on November 18, 1964, which resolution approved Petition Page 6991 No. V-79a, it appearing that the Planning Commission is holding further hearings on this petition. By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was #99-65 RESOLVED that, having considered a communication dated January 19, 1965, from the Michigan Liquor Control Commission regarding a request made by Jack E. Kirksey that his name be dropped from an application previously made for a new full year Class C license to be located in the City of Livonia, which application was originally made in the names of Gene P. Ehrstin and Jack E. Kirksey, the Council does hereby acknowledge this request and the City Clerk is directed to do all things necessary to reflect this change. By Councilman McCann, seconded by Councilman Ventura and unanimously adopted, it was #100-65 RESOLVED that, having considered letters dated November 27, 1964 and January 20, 1965, from the Michigan Liquor Control Commission, and the report and recommendation dated January 19, 1965, from the Director of Public Safety in connection therewith, the Council does hereby approve of the request made by Frank Capoccia to add Jack Capoccia as a partner on a 1964-65 SDD and SDM licensed business at 33614 Plymouth Road, Livonia, Michigan, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #101-65 RESOLVED that, having considered a letter dated December 28, 1964, from the Michigan Liquor Control Commission, and received by the City Clerk on January 6, 1965, and the report and recommendation dated January 19, 1965, from the Director of Public Safety, approved by the Mayor, in connection therewith, the Council does hereby approve of the request of Raymond F. Garrett and Ethel L. Garrett for a new dance permit to be held in conjunction with existing 1964 Class C license at 30325 W. Six Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman Ventura, seconded by Councilman Daugherty and unanimously adopted, it was #102-65 RESOLVED that, having considered a letter dated September 21, 1964, from the Michigan Liquor Control Commission and received by the City Clerk on December 24, 1964, and the report and recommendation dated January 22, 1965, from the Director of Public Safety, approved by the Mayor, in con- nection therewith, the Council does hereby approve of the request from Warren Damman and Jerry Scully for a new SDM license to be located at 37466 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. Page 6992 By Councilman McCann, seconded by Councilman Ventura and unanimously adopted, it was #103-65 RESOLVED that, having considered a letter dated December 9, 1964, from the Michigan Liquor Control Commission, received by the City Clerk on December 21, 1964, and the report and recommendation dated January 22, 1965, from the Director of Public Safety, approved by the Mayor, in connection therewith, the Council does hereby approve of the request from J. Lewis Campbell for transfer of ownership of 1964-65 5DM licensed business, located at 27845 W. Seven Mile Road, Livonia, Michigan, from Ambrose G. Genaw; and the City Clerk is requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. The resnort dated January 2b, 1965, from the Department of Law notifying the Council of the disposition of the Sherwood Lumber Company vs City of Livonia et al, litigation, was received and filed for the information of the Council. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #104-65 RESOLVED that, a complete and detailed report relative to a gift to the City of Livonia from the Red Wing Alumni Association be submitted to the City Council by the next regular meeting of the Council, February 10, 1965. By Councilman Ventura, seconded by Councilman Allen and unanimously adopted, it was #105-65 RESOLVED that, the Council does hereby request the Traffic Division of the Police Department to review the matter of parking on Six Mile Road in the vicinity of the Suburban Chop House, 30325 Six Mile Road, and submit a complete report to the Council as soon as possible. On motion of Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, this 480th regular meeting of the Council of the City of Livonia was duly adjourned at 9:14 P.M., February 3, 19b5. .4101, Addison W. Bacon, Clerk