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HomeMy WebLinkAboutCOUNCIL MINUTES 1963-10-16 Page 6273 MINUTES OF THE FOUR HUNDRED TWENTY-SIXTH REGULAR MEETING CF THE COUNCIL OF THE CITY OF LIVONIA, On October 16, 1963, 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 8:22 P. M. Councilman Dooley delivered the invocation. Roll was called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty, William E. Parks, Rudolf R. Kleinert, John F. Dooley, Edward W. McNamara and James R. McCann. Absent-- None. Elected and appointed officials present: Marie W. Clark, City Clerk; Juanita Hillas, Deputy City Clerk; Alan Walt, City Attorney; Milton I. Firestone, Assistant City Attorney; State Representative Paul M.Chandler; Thomas W. Griffiths, Jr., Chief Accountant; Robert A. Shaw, Director of Public Works; William J. Strasser, Chief City Engineer; David R. McCullough, City Planner; Victor C. Phillips, Budget Director; David L. Jones, Water and Sewer Commissioner; Addison W.Bacon, Director of Public Safety; Daniel R. Andrew, Industrial Coordinator; and Edward G. Milligan, City Planning Commission. By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was #801-63 RESOLVED that, the minutes of the 125th regular meeting of the Council of the City of Livonia held October 9, 1963, are hereby approved. Marie W. Clark, City Clerk, presented to the Council two veto messages from the Mayor, dated October 16, 1963, on resolutions #793-63 and #79)4-63, adopted by the Council at the regular meeting held October 9, 1963. There being no action taken by the Council, the Mayor's vetoes were sustained. Councilman Dooley asked the Director of Public Safety for his verbal re- commendation as to approval of entertainment permit with Class C license at 33880 Plymouth Road and dance permit with Class C license at 30325 West Six Mile Road. The Director of Public Safety is recommending tonight that the applications Page 62711 for entertainment permit to be held in conjunction with exis ting 1963 Class C license and dance permit at 33880 Plymouth Road be granted, and that the Director of Public Safety has similarly stated that he is recommending that the dance permit to be held with existing Class C license at 30325 West Six Mile Road, Livonia, Michigan, be granted. Councilman Daugherty asked that the foregoing statement be read back and that the Director of Public Safety indicate his agreement with such statement, which he did. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #802-63 RESOLVED that, having considered the communication dated September 16, 1963, from the Michigan Liquor Control Commissim and the verbal report and recommendation of the Director of Public Safety given this day at this meeting in connection therewith, the Council does hereby approve of the request of Norman Bolyard and William E.Fann for new Entertainment Permit to be held in conjunction with existing 1963 Class C license and Dance Permit at 33870-33880 Plymouth Road, Livonia,Michigan, and the City Clerk is requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #803-63 RESOLVED that, having considered the communication dated July 29, 1963, from the Michigan Liquor Control Commission, and the verbal report and recommendation given this day at this meeting by the Director of Public Safety in connection therewith, the Council does hereby approve of the request of Otto Amatangelo for new Dance Permit to be held in conjunction with existing 1963 Class C license at 30325 West Six Mile Road, Livonia, Michigan, and the City Clerk is requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. The Council departed from the regular order of business to take up matters on which people were waiting. By Councilman Daugherty, seconded by Councilman Dooley, it was #801 -63 RESOLVED that, having considered the report and recommendation dated September 25, 1963, of the Water Commissioner, approved by the Director of Public Works, and by the Mayor for submission, relating to sewers in Melody Manor Subdivision, submitted pursuant to resolution #715-63, and the Council hereby determining that public health and welfare Page 6275 requires sewers as hereinafter provided, the Council does hereby delete from Area 6 of the Master Sanitary Sewer Study Plan (resolution #179-63), identified as File No. 100c-62, the extension of sewers northerly along Newburgh Road from Six Mile Road, then westerly and northerly to Melody Manor Subdivision, and that such sewer be added to and be supplemental of Area 5 of the said Master Sanitary Sewer Plan and be designated therein as Area 5D, the estimated cost of Area 5D being $132,500.00, and the total estimated cost of $4,562,500 for the entire project; and furthers the Council does hereby: 1. direct that the fine of John E. Hiltz & Associates, Inc., 17201 West McNichols Road, Detroit 35, Michigan, consulting engineers, include Area 5D in the manner proposed by the Chief City Engineer in his letter dated September 18, 1963, addressed to the City Council (Proposal B), in the estimates being con- sidered by the said firm of consulting engineers; 2, request the Board of County Road Commissioners of Wayne County to delete from Area 6 that portion of sewers now described as Area 5D of the said Master Sanitary Sewer Plan and add Area 5D to the contract between John E. Hiltz & Associates, Inc., the City of Livonia, and the Board of County Road Commissioners of Wayne County, so that Area 5D will be included as a supplements to Area 5 of the said Master Sanitary Sewer Plan; 3. request the Board of County Road Commissioners of Wayne County and the firm of Miller, Canfield, Paddock and Stone to change the cost estimates in accordance with the provisions of this resolution in the amounts hereinbefore set out; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Board of County Road Commissioners of Wayne County as County agent; Millers Canfield, Paddock and Stone, bonding counsel; Kenower, MacArthur and Company,financial advisers, to the attention of Mr. J. Pochelon; and to the firm of John E. Hiltz & Associates, Inc., consulting engineers; and all prior resolutions are hereby amended to the extent that it is necessary to give effect to this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall. NAYS: None. By Councilman McNamara, seconded by Councilman Dooley, it was #805-63 RESOLVED that, having considered the report and recommendation dated October 4, 1963, from the Chief City Engineer, approved by the Director of Public Works, concerning a proposed Agreement for Public Works Plan Preparation which is presented in connection therewith, (Project No. P-Mich.-3090; Contract Number H(402) - 1412) the Council does hereby approve the agreement with the United States of America acting through the Housing and Home Finance Administrator pursuant to the provisions of Public Law 560, 83rd Congress, as amended,for final planning for an ex- Page 6276 tension to the Livonia Drain No. 2 storm sewer; and the Mayor and City Clerk are hereby authorized to execute on behalf of the City of Livonia such agreement and to do all things necessary or incidental to the full performance of this resolution; and the City Clerk is hereby requested to attach a certified copy of this resolution to the aforesaid agreement. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman Parks, it was #806-63 RESOLVED that, having considered the report and recommendation dated October 4, 1963, from the Chief City Engineer, approved by the Director of Public Works, submitting a form of agreement between the City of Livonia and John E. Hiltz & Associates, Inc., a Michigan Corporation, 17201 West McNichols Road, Detroit 35, Michigan, covering their services as consulting engineers for the extension of Livonia Drain No. 2, authorized by Council resolution #176-63, (Project P-Mich.-3090), the Council does hereby approve the same and authorizes the Mayor and City Clerk to execute such agreement for and on behalf of the City of Livonia and to do all things necessary or incidental to the full performance of this resolution. A roll call vote w.s taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall. NAYS: None. The report dated September 27, 1963, from the Chief City Engineer, approved by the Director of Public Works, submitted pursuant to resolution #218-63, regarding the panne Avenue Sanitary Sewer Extension, was received and file for the information of the Council. By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #807-63 RESOLVED that, the Council having adopted resolution #867-63, at its regular meeting held October 2, 1963, requiring the Chief City Engineer to ascertain the assessed valuation of all property affected by the proposed paving on Harrison Avenue for a distance of 300 feet north of Joy Road in the Southwest 1/4 of Section 36, 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 or cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recom- mendation 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 Page 6277 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 specifications and recommendations have been properly filed by the Chief City Engineer with the City Clerk under date of October 114, 1963, supplementing information heretofore filed with the City Clerk in a com- munication dated June 6, 1963, 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 by4oecial Assessment and a Special Assess- ment Procedure,', the Council does hereby set Monday, November 4, 1963, at 8:00 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, Livonia, Michigan, pursuant to Section 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #808-63 RESOLVED that, having considered the report and recommendation dated October 4, 1963, from the Chief City Engineer, approved by the Director of Public Works, concerning construction of a sidewalk at the southeast corner of Brookfield and Lyndon Avenues in Kimberly Oaks Sub- division, (submitted pursuant to resolution #603-63), the Council does hereby refer the same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Parks, seconded by Councilman Kleinert, it was #809-63 RESOLVED that, Petition No. Z-606 of Walter J. Abraham for change of zoning in Section 24 of the City of Livonia, is hereby referred back to the City Planning Commission for report and recommendation on the request to amend the petition; and that the Planning Commis s ion take under con- sideration the possibility of rezoning to parking the easterly portion of the property in question. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Parks, McCann and Kleinert. NAYS: McNamara, Daugherty and Bagnall. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Kleinert and unanimously adopted, it was #810-63 RESOLVED that, until notification in writing is submitted to and acknowledged by the Michigan State Highway Department that this resolu- tion is rescinded, or until the Michigan State Highway Department sends Page 6278 notification in writing that this resolution is no longer acceptable, the City Clerk, Director of Department of Public Works, the Superintendent of Operations Division and the Chief City Engineer, are empowered and authorized to make applications to the Michigan State Highway Department for any neces- sary permits to Construct, Operate, Use and/or Maintain Within the Right-of- Way, or to Close a State Trunkline on behalf of the City of Livonia in the County of Wayne, Michigan; IT IS FURTHER RESOLVED that, the City of Livonia in the County of Wayne will faithfully fulfil all permit requirements, and will indemnify and save harmless all persons from claims of every kind arising out of operations authorized by any permit or permits issued. By Councilman Kleinert, seconded by Councilman Parks, it was #811-63 RESOLVED that, having considered the report and recommendation dated October 16, 1963, of the Department of Law, concerning the 1963 Water Main Project and the funds available therefor, the Council does hereby transfer the sum of $50,000.00 from the Surplus Fund of the Water Division Budget to the Improvement Fund of the Water Division Budget, and the Council does further amend resolution #650-63, to delete the words "Construction Fund Account of the Water and Sewer Division Budget" and in lieu thereof to insert the words "Improvement Fund Account of the Water Division pursuant to Ordinance No. 43, Section 12"; and the City Clerk and City Treasurer are hereby authorized to do all things necessary to carry out the provisions of th• this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall. NAYS: None. By Councilman McNamara, seconded by Councilman Parks, it was #812-63 RESOLVED that, having considered the report and recommendation dated October 3, 1963, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby accept the unit bid price of Moscone Excavating Company, 20304 Frazho Road, St. Clair Shores, Michigan, for the estimated cost of $322559.40, for installation of 1963 water main project at six City locations, (based upon engineering division's estimate of units of work involved), and subject to final payment of actual units worked as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for the work; and the Mayor and City Clerk are herein authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid successful bidder. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall. NAYS: None. Page 6279 By Councilman Dooley, seconded by Councilman Kleinert, it was #813-63 RESOLVED that, having considered the report and recommendation dated October 8, 1963, from the Chief City Engineer, approved by the Director of Public Works, concerning bids authorized and received for the Golden Ridge Subdivision Sanitary Sewer Project, (submitted pursuant to resolution #146-63), the Council does hereby reject the bids for the reason stated in said report; and does hereby request the Director of Public Works to proceed as authorized to advertise for and receive bids for the project as authorized in resolution #39L1-63, adopted May 21, 1963. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Parks, Kleinert and Bagnall. NAYS: McNamara, McCann and Daugherty. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman McNamara and unanimously adopted, it was #8111-63 RESOLVED that, having considered the report and recommendation dated October 8, 1963, from the Chief City Engineer, approved by the Director of Public Works, concerning Golden Ridge Subdivision Sanitary Sewer Project as it relates to Golden Ridge Subdivision and Golden Ridge Subdivision No. 1, the Council does hereby refer the same to the Chief City Engineer for easement studies in accordance with the Chief City Engineerts recommendation outlined in said report. By Councilman Parks, seconded by Councilman McNamara and unanimously adopted, it was #815-63 RESOLVED that, having considered the report and rec anmendati on dated September 27, 1963, from the City Planning Commission in connection with topographic aerial mapping for flood plain planning, the Council does hereby refer the same to the Committee of the Whole for further considera- tion. By Councilman Dooley, seconded by Councilman McCann, it was #816-63 RESOLVED that, having considered the request of the Director of Public Safety, approved by the Mayor and the Budget Director, the Council does hereby authorize the transfer of $1,275.00 from the Police Division Budget Account #1811-1 (Patrol Bureau Salary Account) to its Account #18L-59 (Uniforms and Maintenance), for the purpose outlined in said communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Parks, Kleinert and Bagnall. NAYS: Daugherty. The President declared the resolution adopted. Page 6280 By Councilman Dooley, seconded by Councilman McNamara, it was #817-63 RESOLVED that, having considered the report and recommendation dated September 30, 1963, from the Industrial Coordinator, approved by the Mayor, the Chairman of the Industrial Development Commission, and the Budget Director, regarding maintaining two 3-1/2 ft. x 5 ft., front illuminated signs at the Metropolitan and Willow Run Airports, heretofore maintained by the Livonia Chamber of Commerce (resolution #613-62), the Council does hereby authorize an agreement between the City of Livonia and Creative Promotions, Inc., for the maintenance and space of such signs subject to termination by either party an thirty days' notice after six months, and subject to the following conditions: 1. that the Livonia Chamber of Commerce, pursuant to this resolution acknowledge in writing - to be filed with the City Clerk, that they will extend the terms of the agreement for lease and maintenance for one year from October 12, 1963, to October 11, 1964; and further that the Livonia Chamber of Commerce has funds and will pay therefor for the months of October 12, November 12, and December 12, 1963, which they will pay and that they will assign the agreement on January 11, 1964; 2. that Creative Promotions, Inc., will agree in writing, pursuant to this resolution, to the contract as assigned, for the period January 12, 1964 to October 11, 1964; and further, the Council does hereby authorize the expenditure of $1,350.00 against Budget Account No. 170-33 of the Industrial Development Commission Budget; and the Mayor and City Clerk are 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: Dooley, McNamara, McCann,Daugherty and Bagnall. NAYS: Parks and Kleinert. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Dooley, it was #818-63 RESOLVED that, having considered the report and recommendation dated September 27, 1963, from the City Planning Commission in connection with Petition Z-427a, as submitted by Stanley L. Satovsky for change of zoning in the Northeast 1/4 of Section 20 from R-M to R-1-A, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition No. 1-427a, is hereby approved and granted; and the City Planner is instructed to cause the necessary map tbr publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law, and upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: Page 6281 AYES: Dooley, McNamara, Daugherty, Parks and Bagnall. NAYS: McCann and Kleinert. The President declared the resolution adopted. By Councilman Parks, seconded by Councilman Daugherty and unanimously adopted, it was #819-63 RESOLVED that, having considered the request dated October 7, 1963, from Hubbell, Roth & Clark, Inc., consulting engineers, 954 N. Hunter Blvd., Birmingham, Michigan, regarding a modification of public improvements re- lating to street pavement and curbs to be installed in Golfview Meadows Subdivision No. 1, and in accordance with Section 13 of the Plat Ordinance, Ordinance No. 135, as amended, the Council does hereby authorize the in- stallation of 27-foot wide concrete pavement with 3-1/29 curb in lieu of those otherwise required; and the Chief City Engineer is hereby requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #820-63 RESOLVED that, having considered the report and recommendation dated October 8, 1963, of the Industrial Coordinator concerning Industrial Road improvement in the North 1/2 of Section 26, the Council does hereby refer the same to the Committee of the Wholef or consideration. By Councilman Daugherty, seconded by Councilman Parks and unanimously adopted, it was #821-63 RESOLVED that, the report and recommendation dated October 3, 1963, from the Superintendent of Operations Division regarding bids received for Elm Spray, is hereby tabled to the first regular meeting of the Council in December, 1963, so that an appropriation for same can be considered under the next budget. By Councilman Parks, seconded by Councilman McNamara and unanimously adopted, it was #822-63 RESOLVED that, having considered the recommendation dated October 9, 1963, from the Mayor, regarding the proposed position of an Urban Renewal Director, the Council does hereby refer the same to the Committee of the Whole for consideration. By Councilman Kleinert, seconded by Councilman McNamara and unanimously adopted, it was #823-63 RESOLVED that, having considered the report dated October 16, 1963, from the City Planner, and the petition of Mr. Philip Barth of the J. L. Page 6282 Moody Company, 19733 West Seven Mile Road, Detroit, Michigan, dated Septem- ber 26, 1963, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve division of lot 67, Livrance Estates Subdivision, in the N. E. 1/4 of Section 114, T. 1.S., R. 9 E., City of Livonia, Wayne County, Michigan, so as to split lot 67 into two separate lots, each 70' in width on Greenland Avenue and each subject to their respective depth as presently exists, 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 McCann, seconded by Councilman Dooley, it was #824-63 RESOLVED that, the Council does hereby authorize and direct the Department of Law to negotiate or condemn property on the north side of West Chicago Road between Emerson Junior High School and Middlebelt Road for the purpose of installing sidewalks, and to do all things neces- sary to carry out this resolution, including the hiring of necessary appraisers. Q roll call vote was taken on the foregoing resolution with the following result: !AYES: Dooley, McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall. NAYS: None. By Councilman Dooley, seconded by Councilman Daugherty, it was #825-63 RESOLVED that, having considered the report and recommendation dated October 11, 1963, from the Chief City Engineer, approved by the Director of Public Works, concerning the Doris Avenue Sanitary Sewer Project Pumping Station, and resolution #582-63, adopted July 24, 1963, and resolution #7116-63, adopted on September 23, 1963, the Council does tike this means to inform the Michigan Department of Health as follows: 1. the City of Livonia's $6,000,000 Master Sewer Program has been approved by the City Council; 2. the Seven Mile Road trunk is a part of the Master Sanitary Sewer Program; 3, the time schedule calls for the advertising for bids ap- proximately March, 1964; 11. construction of the Seven Mile Trunk should be completed by December, 19611; and 5, that the lift station is temporary in nature and will be abandoned within a period of time not to exceed two (2) years. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall. NAYS: None. Page 6283 By Counci]man McNamara, seconded by Councilman Parks and unanimously adopted, it was #826-63 RESOLVED that, the City Engineer be directed to investigate the possible methods for improving the surface of Lyndon Avenue from Berwick to Merriman, by paving or other suitable means, to reduce dust and improve the road for travel, such report to be returned to the City Council by November 4, 1963. On motion of Councilman Dooley, seconded by Councilman McCann and unanimously adopted, this 426th regular meeting of the Council of the City of Livonia was duly adjourned at 900 50 P. M., October 16, 1963. 7 Mar / W. Clark, City Clerk