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HomeMy WebLinkAboutCOUNCIL MINUTES 1965-01-20 Page 6951 MINUTES OF THE FOUR HUNDRED SEVENTY-EIGHTH REGULAR MEETING LOF THE COUNCIL OF THE CITY OF LIVONIA On January 20, 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 8:54 p.m.. Roll was called with the following result: Present-- Rudolf R. Kleinert, Peter A. Ventura, John T. Daugherty, Daniel C. Allen, John F. Dooley, Edward H. McNamara and James R. McCann. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry M. Smit, City Attorney; Harry C. Tatigian, first Assistant City Attorney, Milton Firestone, Assistant City Attorney, Robert A. Shaw, Director of Public Works, Donald Hull, City Planner, Victor C. Phillips, Budget Director; Joel LaBo, Director of Public Safety; John Nagy, Assistant City Planner; Mayor Harvey W. Moelke, Daniel R. L Andrew, Industrial Coordinator, Ed Siemert, Engineering Division, John E. Hiltz, Consulting Engineer; Avram Rosenthal, Librarian; John Dufour, Superintendent, Parks and Recreation; M. L. O'Connor, Jr. , Parks and Recreation Commission, David L. Jones, Mater and Sewer Commissioner, and Thomas J. Griffiths, Jr. , Chief Accountant. By Councilman Iooley, seconded by Councilman Daugherty and unanimously adopted, it was #40-65 RESOLVED that, the minutes of the 477th regular meeting of the Council of the City of Livonia, held January 13, 1965, are hereby approved. The report dated January 11, 1965, from the Department of Law regarding the City's intervention in the rock salt anti-trust litigation, was received and filed for the information of the Council. The report dated January 14, 1965, from the Department of Law regarding Arlan's Department Stores, Inc. , et al, vs Frank J. Kelley, et al (appeal to the ibmSupreme Court from the Circuit Court of Wayne County regarding the Sunday closing law) was received and filed for the information of the Council. Page 6952 The following preamble and resolution were offered by Councilman McNamara and supported by Councilman Allen: #41-65 WHEREAS, the City Council recognizes that by reason of the continued development and growth of the City of Livonia, so that the land area of the City is rapidly being used and acquired for residential, com- mercial and industrial purposes, it has become necessary for the public health, welfare and safety of the citizens of the City, that available lands suited for public park and recreational purposes be acquired and developed for such use; and WHEREAS, the Department of Recreation has developed general maps and plans indicating lands suited and available for public park and re- creation purposes, and the manner they could be used and developed for such purposes; and WHEREAS, the estimated cost of acquiring and developing lands for such purposes that are presently needed and desirable is determined to be Four Million Four Hundred Thousand ($4,400,000.00) Dollars, and WHEREAS, it will be necessary to borrow the sum of not to exceed Four Million Four Hundred Thousand ($4,400,000.00) Dollars to pay the cost thereof; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council deems it necessary to borrow the sum of not to exceed Four Million Four Hundred Thousand ($4,400,000.00) Dollars and issue general obligation bonds of the City therefor, for the purpose of paying the cost of acquiring lands for public park and recreational purposes, and improving, developing and providing necessary facilities for recreational use of said lands. 2. The City Council determines the period of usefulness of said public park and recreational facilities to be not less than fifty (50) years. 3. At a special City election to be held at the same time and in conjunction with the Wayne County Special Election to be held in the City of Livonia on Monday, April 5, 1965, between the hours of 7:00 o'clock a. m., and 8:00 o'clock p. m., Eastern Standard Time, there be submitted to vote of the qualified electors of said City the said proposition of borrow- ing the said sum. 4. The proposition to be submitted at said election shall be stated on the voting machines and ballots in substantially the following form: Recreational Bonding Proposition Shall the City of Livonia, County of Wayne, Mich- igan, borrow the sum of not exceeding Four Million Four Hundred Thousand ($4,400,000.00) Dollars, and issue its general obligation bonds therefor for the purpose of acquiring lands for public park and re- creational purposes, and improving, developing and providing necessary facilities for recreational use of said lands? Page 6953 5. The City Clerk will receive registrations of electors qualified to vote at said election who are not already properly registered, until Monday, March 8, 1965, on which said day the City Clerk will be at his office from 8:00 o'clock a. m., until 8:00 o'clock p.m. , Eastern Standard Time, to receive registration of electors qualified to vote at said election. 6. fhe City Clerk shall cause Notice of Registration of said election to be published and posted in manner required by law. 7. The City Clerk shall cause Notice of said Special City Flection to be published and posted in mariner required by law. 8. There shall be included in the notice of said Special City Election notice of the submission of said special proposition, in substantially the following form: TO THE QUALIFIED EL .CTORS OF THE CITY OF LIVONIA PLEASE TAKE NOTICE that at the Special City Election to be held in the City of Livonia, County of Wayne, Michigan, on the 5th day of April, 1965, at 7:00 o' clock a.m., until 8:00 o'clock p.m. , Eastern Standard Time, there will be sub- mitted to vote of the qualified electors of said City, the following special proposition: Recreational Bonding Proposition Shall the City of Livonia, County of Wayne Michigan, borrow the sum of not exceeding Four Million Four Hundred Thousand ($4,400,000.00) Dollars, and issue its general obligation bonds therefor for the purpose of acquiring lands for public park and recreational purposes, and improving, developing and providing necessary facilities for recreational use of said lands? Only those qualified and registered electors who have property in the City assessed for taxes, or the lawful husband or wife of such persons, are qualified to vote on the above bonding proposition. This Notice is given by authority of the City Council of the City of Livonia, County of Wayne, Michigan. City Clerk Page 6954 9. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McNamara, McCann and Kleinert. NAYS: Daugherty and Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Daugherty, it was RESOLVED that, having considered the report and recommendation dated December 7, 1964, from the Director of Public Works, approved for submission by the Mayor, the Council does hereby determine not to renew the contract of Mr. William J. Strasser. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty and Ventura. NAYS: Allen, Dooley, McNamara, McCann and Kleinert. The President declared the resolution denied. By Councilman McNamara, seconded by Councilman Dooley, it was #42-65 RESOLVED that, having considered the report and recommendation dated December 7, 1964, from the Director of Public Works, approved for submission by the Mayor, the Council does hereby authorize the Department of Law to prepare an agreement for a two (2) year period commencing February 1, 1965, between the City of Livonia and Mr. William J. Strasser, engaging the services of the latter as Chief City Engineer for the City at the rate of 515,000.00 per annum, upon the same terms and conditions as the current contract between Mr. Strasser and the City; and the Mayor and City Clerk are authorized to execute such agreement for and on behalf of the City of Livonia. By Councilman McCann, seconded by Councilman Daugherty, it was RESOLVED that, the foregoing resolution be amended to change to one year the period of the contract for services of the Chief City Engineer. A roll call vote was taken on the amendment with the following result: AYES: Daugherty, McCann and Ventura. NAYS: Allen, Dooley, McNamara and Kleinert. The President declared the amendment denied. A roll call vote was taken on resolution #42-65, with the following result: Page 6955 AYES: Allen, Dooley, McNamara, McCann and Kleinert. NAYS: Daugherty and Ventura. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Ventura, it was #43-65 RESOLVED that, having considered a communication dated January 1, 1965, from the Chairman of the Zoning Board of Appeals, requesting an ap- propriation for an additional Clerk I (Temporary) the Council does hereby appropriate the sum of $400.00 from the Unallocated Fund (362-2) to Account No. 158-1 (Salaries and Wages) for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Allen, Dooley, McNamara, McCann, Ventura and Kleinert. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #44-65 RESOLVED that, having considered the report and recommendation dated January 6, 1965, from the Chief City E gineer, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of resolution #791-61, adopted on November 13, 1961, as subsequently amended by resolutions #473-62, #609-62, #687-62 and #751-62, so as to further reduce the bond for remaining improvements in Madonna Estates Subdivision to $25,000.00, of which at least $4,500.00 shall be in cash, to cover the cost of all 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Allen, Dooley, McNamara, McCann, Ventura and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman Allen, it was #45-65 RESOLVED that, pursuant to the report and recommendation dated January 8, 1965, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of resolution #946-62, adopted on December 27, 1962, subsequently amended by resolution #613-63, adopted August 7, 1963, so as to further reduce the bond for remaining improvements in Burton Hollow Woods Subdivision to $11,000.00, of which at least $5,000.00 shall be in cash, to cover the cost of remaining improve- ments 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. A roll call vote was taken on the foregoing resolution with the following result: Page 6956 AYES: Daugherty, Allen, Dooley, McNamara, McCann, Ventura and Kleinert. NAYS: None. By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #46-65 RESOLVED that, having considered the communication dated Decem- ber 16, 1964, from the Chief City Engineer, approved by the Director of Public Works, regarding a grant of easement obtained from Harold H. Gordon and Marion T. Gordon, his wife, and Louis P. Begin and Gita M. Begin, his wife, dated December 14, 1964, which conveys the South 1/2 of the Lyndon Avenue right-of-way (total 86' width) from Middlebelt Road westerly to Henry Ruff Road, in order to construct the Livonia Drain #2 extension (Livonia Drain #19) west of Middlebelt Road, the Council does hereby accept for and on behalf of the City of Livonia such grant of easement, 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. By Councilman Ventura, seconded by Councilman Allen, it was #47-65 RESOLVED that, having considered the communication dated January 8, 1965, from the Department of Law in regard to a grant of easement obtained from the Chesapeake Realty Development Corporation, an Indiana Corporation, dated December 24, 1964, which conveys a strip of land 27 feet in width located north of Plymouth Road in the S. E. 1/4 and the S. W. 1/4 of Section 30, the Council does hereby accept for and on behalf of the City of Livonia such grant of easement, and does further authorize the advance of the sum of $1.00 from the General Fund to be made payable to the Chesapeake Realty Development Corporation in consideration for this con- veyance; 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 with the following result: AYES: Daugherty, Allen, Dooley, McNamara, McCann, Ventura and Kleinert. NAYS: None. By Councilman Allen, seconded by Councilman Daugherty and unanimously adopted, it was #48-65 RESOLVED that, having considered the petition received January 11, 1965, by K. V. A. Land Company, by Donald Van Every, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing lots 412, 413, 414, 415, 416 and 417 of Burton Hollow Estates Subdivision 1uo. 3, in the N. W. 1/4 of Section 16, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, so as to add the east 5 feet of Lot 413 to Lot 412; add the east 10 feet of Page 6957 lot 414 to the west 55 feet of Lot 413; add the east 15 feet of Lot 415 to the west 50 feet of Lot 414; add the east 20 feet of Lot 416 to the west 45 feet of Lot 415, and add the east 30 feet of Lot 417 to the west 40 feet of Lot 416, which parcels shall be subsequently described as follows: Parcel 1: Lot 412 and the east 5 feet of lot 413 of Burton Hollow Estates Sub- division No. 3, of part of the N.W. 1/4 of Section 16, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; Parcel 2: The west 55 feet of Lot 413 and the east 10 feet of Lot 414 of Burton Hollow Estates Subdivision No. 3, of part of the N.W. 1/4 of Section 16, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan; Parcel 3: The west 50 feet of Lot 414 and the east 15 feet of Lot 415 of Burton Hollow Estates Subdivision No. 3, of part of the A .W. 1/4 of Section 16, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan; Parcel 4: The west 45 feet of Lot 415 and the east 20 feet of Lot 416 of Burton Hollow Estates Subdivision No. 3, of part of the N .W. 1/4 of Section 16, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, and Parcel 5: The west 40 feet of Lot 416 and the east 30 feet of Lot 417 of Burton Hollow Estates Subdivision No. 3, of part of the N.W. 1/4 of Section 16, 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. The proposed agreement with JOHn E. Hiltz & Associates, Inc. , to perform work in connection with storm sewer facilities for the Farmington Outlet, was re- moved from the agenda to the study meeting. By Councilman Daugherty, seconded by Councilman Dooley and unanimously adopted, it was #49-65 RESOLVED that, having considered a letter dated January 8, 1965, from the Director of Public Safety, approved for submission by the Mayor, and a communication dated November 23, 1964, from the Michigan Liquor Control Commission, the Council does hereby approve the request from Page 6958 Donald C. Patterson for transfer of location of 1964 Resort Class C licensed business with Dance Permit from 35780 Five Mile Road, Livonia, Michigan, to a site 35 feet east of same, bearing the same address; the Council does further determine that such location is properly zoned for the operation of a Resort 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 report of the Municipal Court for the month of December 1964, was received and filed for the information of the Council. iy Councilman McNamara, seconded by Councilman Dooley, it was #50-65 RESOLVED that, having considered a letter dated January 20, 1965, from the Department of Law regarding a grant of federal funds under Title VII of the Housing Act of 1961, as amended, to acquire open space land, the City Council of the City of Livonia, Michigan, does hereby ap- prove the proposed contract designated "Contract for Grant to Acquire Open-Space Land urder Title VII of the Housing Act of 19b1", Contract No. Mich. 0S-14(G), consisting of Parts I and II, under and subject to the provisions, terms and conditions of which the United States of America will make an open-space grant in the amount of :4;131,745.00 in order to aid in financing the cost of a program designated "Program No. Mich. 0S-14" situated in the City of Livonia; BE IT FURTHER RESOLVED that, the Mayor and City Clerk are herein authorized and directed to execute said proposed contract in two counter- parts on behalf of the City of Livonia, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the City of Livonia on each such counterpart and to forward such counterparts to the Housing and Home Finance Agency, together with such other documents relative to the approval and execution thereof as may be required by the United States of America; BE IT FURTHER RESOLVED that, the Mayor is hereby authorized to file requisitions together with necessary supporting documents with the United States of America, from time to time as Grant funds are required, requesting payments to be made to the City on account of the Grant pro- vided for in the Contract, and to do and perform all other things and acts required to be done in order to obtain such payments. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Dooley, McNamara, McCann and Kleinert. NAYS: Ventura and Allen. The President declared the resolution adopted. On motion of Councilman Ventura, seconded by Councilman Dooley and Page 6959 unanimously adopted, this 478th regular meeting of the Council of the City of Livonia was duly adjourned at 10:06 P. M., January 20, 1965. Addison W. Bacon, '6i Clerk.