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