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HomeMy WebLinkAboutCOUNCIL MINUTES 1963-05-29 Page 6062 MINUTES OF THE FOUR HUNDRED ELEVENTH REGULAR FETING OF THE COUNCIL CF THE CITY OF LIVONIA On May 29, 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 8:08 P. M. Councilman Daugherty 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 H. McNamara and James R. McCann. Absent-- None. Elected and appointed City officials present: Juanita Hillas, Deputy City Clerk; Charles J. Pinto, first Assistant City Attorney; Robert A. Shaw, Director of Public Works; Addison W. Bacon, Director of Public Safety; David L. Jones, Water and Sewer Commissioner; William J. Strasser, Chief City Engineer; Victor C. Phillips, Budget Director; Thomas Griffiths, Jr., Chief Accountant; David R. McCullough, City Planner; Robert Girardin, Superintendent, Parks and Recreation; and W. A. Cooper, Director of Civil Defense. State Representative Paul M. Chandler also attended the meeting. By Councilman McNamara, seconded by Councilman Daugherty and unanimously adopted, it was #396-63 RESOLVED that, the minutes of the 410th regular meeting of the Council of the City of Livonia held on May 21, 1963, are hereby approved. The Clerk informed the Council of two veto messages dated May 29, 1963, received from the Mayor on resolutions #394-' 3 and #395-63, adopted May 21, 1963. By Councilman Kleinert, seconded by Councilman McNamara, it was #397-63 RESOLVED that, having considered the veto message dated May 29, 1963, from the Mayor, wherein Council resolution #394-63 is vetoed, the Council does hereby and pursuant to Chapter IV, Section 214, of the City Charter, readopt the said resolution #391 -63, word for word as previously adopted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Parks and Bagnall. NAYS: Daugherty. The President declared the resolution adopted and the Mayor's veto over-ruled. Page 6063 By Councilman Kleinert, seconded by Councilman Parks, it was #398-63 RESOLVED that, having considered the veto message dated May 29, 1963, from the Mayor, wherein Council resolution #395-63, is vetoed, the Council does hereby and pursuant to Chapter IV, Section 24, of the City Charter, readopt the said resolution #395-63 word for word as previously adopted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Parks and Bagnall. NAYS: Daugherty. The President declared the resolution adopted and the Mayor's veto over-ruled. By Councilman Daugherty, seconded by Councilman Parks, it was #399-63 RESOLVED that, having considered the report and recommendation dated May 28, 1963, from the Director of Public Works, the Council does hereby accept the bid from K. L. A. Laboratories, 7375 Woodward Avenue, Detroit 2, Michigan, for the installation of a Public Address System in accordance with the specifications therefor and including all material and labor for a total cost of $1,302.83, such having been in fact the lowest acceptable bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty and Parks. NAYS: Bagna 11. The President declared the resolution adopted. A report from the Streets, Roads and Plats Committee was given by Council- man Dooley, Chairman. By Councilman Dooley, seconded by Councilman Kleinert, it was #400-63 RESOLVED that, having considered the letter dated April 12, 1963, frc a a representative of the pros rietor of Ellen Kay Subdivision, and the report and recommendation dated May 29, 1963, of the Streets, Roads and Plats Committee in connection therewith (referred to the Committee by resolution #318-63), the Council does hereby agree to accept an additional dedication of 27.4 feet adjacent to the existing platted Cavour Avenue, as offered in the aforesaid letter; the Council further agrees aid acdepts the offer of such proprietor to furnish the material necessary to increase the thickness of the existing gravel street (Lavour Avenue) to ten (10) inches and to furnish the necessary material to seal coat a twenty-two (22) foot wide street surface (Cavour Avenue), and in consideration of such offer does hereby authorize the Department of Public works to furnish whatever labor and machinery may be necessary in order to accomplish this work, it being the opinion of the Council that it is in the interest of the City to Page 6064 provide in this manner for the improvement of the existing Cavour Avenue as a supplemental street to serve the proposed Ellen Kay Subdivision and the abutting property on Cavour Avenue. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. By Councilman Dooley, seconded by Councilman Kleinert, it was #401-63 RESOLVED that, having considered the petition from certain residents on Farmington Road, and the report and recommendation dated May 29, 1963, from the Streets, Roads and Plats Committee in connection therewith (referred to the Committee by resolution #280-63), the Council does hereby table the request contained in such petition with respect to the widening of Farmington Road until such time as the City has had an opportunity to review the final plans of the County for road improvements to be included within the City budget for the next fiscal year. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Parks and Bagnall. NAYS: Daugherty. The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman Kleinert and unanimously adopted, it was #402-63 RESOLVED that, having considered the letter dated May 10, 1963, from Tomorrows Homes, Inc., and the report and recommendation dated May 29, 1963, from the Streets, Roads and Plats Committee in connection therewith (referred to the Committee by resolution #224-63), the Council does hereby agree to accept a dedication of the easterly forty-three (43) feet of the proposed Hix Road right-of-way adjacent to the property owned by Tomorrows Homes, Inc., and for that purpose authorizes the Department of Law to accept a good and sufficient deed, and the City Clerk to have the same recorded; provided, however, that the authority contained in this resolution is subject to the following conditions: 1) that such dedication shall not be effectuated until such time as the Schoolcraft College has dedicated the westerly forty-three (L.3) feet of the proposed Hix Road; and 2) until such time as the proprietor of Tomorrows Homes, Inc., improves or causes to be improved the said easterly forty-three (L3) feet of Hix Road to the extent and to the manner approved of and accepted by the Engineering Division. By Councilman Dooley, seconded by Councilman Kleinert and unanimously adopted, it was Page 6065 #103-63 RESOLVED that, having considered the communication from the legal representative of the owner of the property within the future Yale Road right-of-way south of Plymouth Road, and having considered the report and recommendation dated May 29, 1963, from the Streets, Roads and Plats Committee in connection therewith (referred to the Committee by resolution #651-62), the Council does hereby request a recommendation from the Engineer- ing Division in connection with the desirability of extending Yale Road for a distance of 297 feet south from Plymouth Road, and in connection with any affirmative recommendation, an indication as to the most desirable width of the right-of-way with an estimated cost for such improvement. By Councilman Daugherty, seconded by Councilman Dooley and unanimously adopted, it was #)40)-t.-63 RESOLVED that WHEREAS, pursuant to the direction of the City Council in its resolution #49-63, adopted on January 23, 1903, and in accordance with Section 3.06 of Ordinance No. 401, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of May 15, 1963, an assessment roll covering the construction of concrete paving of curbs and gutter on Cavell Avenue from Plymouth Road to West Chicago Road in the N.E. 1/4 of Section 36, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, the special assessments which would be assessed and levied respectively in the proposed special assessment district heretofore established for the construction of the proposed improvement in said district as designated in the said resolution #49-63; THEREFORE, BE 1T RESOLVED that, the said roll is hereby accepted by the City Co anc&l; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 3.08 of Ordinance No. 401 of the City, as amended, to wits that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road, at 8:00 o'clock P. M., on Monday, June 24., 1963, to review the said special assessment roll, at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED that, the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the Livonian Observer, the official newspaper of the City of Livonia, which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of June 2)4, 1963, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first Glass mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office, and in all other respects in accordance with the provisions of said Section 3.08. By Councilman McNamara, seconded by Councilman Parks, it was #105-63 RESOLVED that, having, considered the letter dated May 16, 1963, from.Mr. Horace C. Culik, 1892Mayfield, Livonia, Michigan, regarding Page 6066 certain action by the Water and Sewer Board relative to the installation of a water line on Mayfield Avenue, between Seven Mile Road and Clarita„ the Council does hereby request the Water and Sewer Board to report to the Council regarding the necessity for constructing said water line, it appear- ing to the Council that the cost of such line may not be justified in Itiew of the limited number of users in the vicinity thereof; and further, that the Water and Sewer Board provide the Council with a copy of any and all agreements entered into by the City of Livonia and/or Township and Mr. Horace C. Culik. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, Daugherty and Parks. NAYS: Kleinert, McCann and Bagnall. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #406-63 RESOLVED that, having received a communication dated May 13, 1963, from Bens uniforms, 15492 Livernois Avenue, Detroit 38, Michigan, regarding the disposition of bids for furnishing police uniforms and accessories, the Council does hereby refer the same to the Director of Public Safety for his reply to the writer of the above letter. The following resolution was offered by Councilman Daugherty and seconded by Councilman Dooley: #407-63 WHEREAS, the City of Livonia, Wayne County, Michigan, a Michigan Municipal Corporatirn, pursuant to an advertisement for bids on the con- struction of the proposed Newburgh Road Sanitary Sewer Extension to Section 7, (H.H.F.A. Project APW-Mich. 109G), heretofore published on the 27th day of April, 1963, and on the 1st and 4th day of May, 1963, in the Michigan Contractor & Builder and in the Livonian-Observer, did on the 16th day of May, 1963, at 10:00 o'clock a. m., at its office in the City of Livonia, Michigan, receive bids for the construction of the said Newburgh Road Sanitary Sewer Extension to Section 7, (H.H.F.A,Project APW-Mich.109G), which said bids were taken under advisement by the Bid Committee and City Council; and WHEREAS, the bid of Luigi D'Agostini & Sons Contracting Company, 17086 Ego, Last Detroit, Michigan, is the lowest bid submitted by any responsible bidder; NOW, THEREFORE, BE IT RESOLVED that, the City Council of the City of Livonia does hereby accept the unit price bid of Luigi D'Agostini & Sons Contracting Company, 17086 Ego, East Detroit, Michigan, for install- ing and constructing the Newburgh Road Sanitary Sewer Extension to Section 7 for the estimated total cost of $93,849.50, based on the Director of Public Work's quantity estimates and such having been in fact the lowest bid Page 6067 received for this work; provided further, that the Council does hereby waive any informalities and irregularities which exist in the said bid; and provided further, that the acceptance of this bid awarding of the contract in connection thereof which is herein authorized shall not be effective until the successful bid receives the formal concurrence of the Housing and Home Finance Agency; and provided further, that the City Council of the City of Livonia does hereby agree to stand all costs in connection with such project in excess of the grant approved by the Housing and Home Finance Agency in connection with this project and to make a sufficient and properLappropriation therefor for that purpose; and the Mayor and City Clerk are hereby authorized to execute a contract on behalf of the City of Livonia with the aforesaid successful 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 result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. The letter dated May 29, 1963, from the City Attorney in connection with bids received for the Newburgh Road Sanitary Sewer (H.H.F.A. Project AFW-Mich. 109G), was received and placed on file for the information of the Council. Councilman McNamara offered the following resolution, supported by Councilman Parks: #)408-63 WHEREAS, the City of Livonia, Wayne County, Michigan, a Michigan Municipal Corporation, pursuant to an advertisement for bids on the con- struction of the proposed Levan Road Paving,Schoolcraft to Five Mile Road (H.H.F.A. Project AFW-Mich. 1100)„ heretofore published on the 27th day of April, 1963, and on the 1st and 4th day of May, 1963, in the Michigan Contractor & Builder and in the Livonian-Observer, did on the 16th day of May, 1963, at 10:00 o'clock a, m., at its offices in the City of Livonia, Michigan, receive bids for the construction of the said LevanRoad Paving, Schoolcraft to Five Mile Road (H.H.F.A. Project APW-Mich. 11CG), which said bids were taken under advisement by the Bid Committee and City Council; and WHEREAS, the bid of A & A Asphalt Paving Company, 1045 Haynes Avenue, Birmingham, Michigan, is the lowest bid submitted by any responsible bidder; NOW, THEREFORE, BE IT RESOLVED that, the City Council of the City of Livonia does hereby accept the unit price bid of A & A Asphalt Paving Company, 1045 Haynes Avenue, Birmingham, Michigan, for the paving of Levan Road from Schoolcraft Road to Five Mile Road (H. H.F.A. Project AJW-Mich. 1103), for the estimated total cost of $49,722.00 based on the Director of Public Work's quantity estimates, and such having been in fact the lowest bid received for this work; provided further, that the Council does hereby waive any informalities and irregularities which exist in the aaid bidi and provided further, that the acceptance of this bid awarding Page 6068 of the contract in connection thereof which is herein authorized shall not be effective until the successful bid receives the formal concurrence of the Housing and Home Finance Agency; and provided further, that the City Council of the City of Livonia does hereby agree to s tend all costs in connection with such project in excess of the grant approved by the Housing and Home Finance Agency in connection with this project and to make a sufficient and proper appropriation therefor for that purpose; and the Mayor and City Clerk are hereby authorized to execute a contract on behalf of the City of Livonia with the aforesaid successful bidder and to do all other things necessary or incidertal to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman Dooley, it was #409-63 RESOLVED that, having considered the letter of agreement dated May 13, 1963, submitted by Kenower„ MacArthur & Company, Ford Buildings Detroit 26, Michigan, covering their services as financial counsel in connection with the proposed issuance of approximAely $400,000 Wayne County Sewerage and Sewage Disposal System Bonds (Parkview Acres and Parkwoods Subdivisions), the Council does hereby approve of the same and authorizes the Mayor and City Clerk to execute such letter of agreement for and on behalf of the City 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: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman McNamara, i was #410-63 RESOLVED that, having considered the communication dated May 13, 1963, from Milton Y. Zussman, attorney, 3108 Guardian Building, Detroit 26, Michigan, on behalf of Recreation, Music aid Dance, Inc., the Council does hereby refer the same to the Mayor for disposition, the Council believing that the letter concerns a matter of administration. The President relinquished the chair to the Vice President at 9:12 P. M., to speak on the motion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McCann,Bagnall, Daugherty, Parks and McNamara. NAYS: Dooley, The Vice President declared the resolution adopted. The President resumed the chair at 9:16 P. M. Page 6069 By Councilman Kleinert, seconded by Councilman McNamara, it was #411-63 RESOLVED that, having considered the request dated May 13, 1963, from Mr. E. L. Walker, 17983 Lathers, Livonia, the Council does hereby grant Mr. Walker permission to extend the residential fence on property (Lot #103 of Parkview Acres Subdivision), across the 43-foot unimproved right-of-way adjacent thereto; provided, however, that this license and permission is granted on the express condition that the writer of the above letter shall be solely responsible for the cost and installation and for the maintenance of such fence; and provided further, that this license is revocable and may be revoked at any time and without cause by the City of Livonia, and in such case the said Mr. Walker shall immediately cause such fence to be dismantled and be removed at no expense to the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. By Councilman McNamara, seconded by Councilman Kleinert and unanimously adopted, it was #412-63 RESOLVED that, the letter dated May 13, 1963, from the City of Farmington, 33312 Grand River Avenue, Farmington, Michigan, regarding a flood control study of the Rouge River Basin, is hereby referred to the Engineering Division for its report and recommendatioh. By Councilman Parks, seconded by Councilman Kleinert, it was #413-63 RESOLVED that2the petition of Plymouth Road Business and Professional Association of Livonia regarding postal service be tabled to the meeting of June 12, 1963. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, Daigherty, Parks and Bagnall. NAYS: McNamara and McCann. The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #414-63 RESOLVED that, having considered the letters from the Detroit Race Course and the Department of Parks and Recreation, dated respectively May 18, and May 10, 1963, the Council does hereby grant permission to the Detroit Race Course to transport and fire aerial fireworks on the evening of July 4, 1963, on its property situated in Section 25 of the City of Livonia; provided, however, that such permission is granted on the condition that this activity will be supervised and subject to the directions of the Livonia Fire Department and that the particular area within which the fire- Page 6070 works shall be for such activity shall be determined by the Livonia Fire Department. By Councilman McNamara, seconded by Councilman Dooley, it was #415-63 RESOLVED that, having considered the request dated May 17, 1953„ from the City Planning Commission, the Council does hereby transfer the sum of $700.00 from the Unallocated Fund to the Office Supply Account No.157-45, of the City Planning Commission budget. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman McCann, it was #416-63 RESOLVED that, having considered the recommendation dated May 8, 1963, from the Civil Service Commission, the Council does hereby concur in an increase of softball umpire rates from $4.00 to $5.00 a game. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. By Councilman Dooley, seconded by Councilman McCann, it was #417-63 RESOLVED that, having considered the request dated May 10, 1963, from the Parks and Recreation Commission, the Council does hereby approve of reducing the entry fee for the Women's Softball League from $50.00 to $30.00, and to such extent resolution #848-62, is hereby amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman McNamara and unanimously adopted, it was #418-63 RESOLVED that, having considered the communication dated May 15, 1963, from the Commission on Children and Youth, and the communication dated May 13, 1963, from the Livonia Youth Symphony Society, Inc., the same are hereby referred to the Finance Committee of the Council for its report and recommendation. By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was Page 6071 #419-63 RESOLVED that, having considered the letter dated May 6, 1963, from Mr. Joseph T. Siprak, in connection with his employment as a Special Police officer, the Council does hereby refer the same to the Director of Public afety for a report and recommendation regarding the same; and for a report indicating a comparison of the present personnel and previous personnel involved in the Special Police Officer program of the City. By Councilman McCann, seconded by Councilman Parks and unanimously adopted, it was #420-63 RESOLVED that, having considered the letter dated April 25, 1963, from the Area Credit Bureau, 1114 Southfield Road, Lincoln Park, Michigan, wherein certain services are offered to the City, the Council does hereby refer the same to the Chief Accountant and the Department of Law for report and recommendation. By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #421-63 RESOLVED that, having considered the request dated May 21, 1963, from Mr. Clarence R. Charest, attorney-at-law, 33636 Five Mile Road, Livonia, for and ontehalf of the proprietor of the Idyle Hills Estates Subdivision and Idyle Hills Estates Subdivision No. 2, and pursuant to the authority reserved to the City Council in Section 13, subsection (a), item 7, of Ordinance No. 135, as amended, the Council does hereby approve of and authorize the installation of sidewalks in the aforesaid subdivision to a width of four (4) feet, provided that such sidewalks comply in all other respects with the ordinances of the City of Livonia and the rules and regulations of the Department of Public Works. By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #422-63 RESOLVED that, the letter datwd April 29, 1963, from the Liquor Control Commission informing the City of Livonia of the Commission's receipt of two new applications for Class C licenses, the first from Joseph L. Paweski, et al, and the second from B. T. Woodward, is hereby referred to the Committee of the Whole for its consideration. By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #1423-63 RESOLVED that, having considered the request dated May 27, 1963, from Mr. Alfred B. Hyde, Financial Secretary of Local #262, UAW-CIO, to place a voting tent opposite the Chevrolet Spring and Bumper Plant gate on Amrhein Road for the purpose of conducting an election from June 5, 1963, through June 19, 1963, inclusive, the Council does hereby approve said request, provided that Local #262 UAW-CIO will assume any and all liabiliyies incurred from such use. By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was Page 6072 #424-63 RESOLVED that, having considered the appeal dated April 19, 1963, filed by Mr. and Mrs. Leonard E. Hunter (and Alma M. Sigman), the same being an appeal from the decision of the City Planning Commission denying Petition M-279, and such appeal having been filed in accordance with Section 17.02 of Ordinance No. 60, as amended, the Zoning Ordinance of the City of Livonia, and the Council having called and having held a public hearing thereon on Monday, May 27, 1963, at 8:00 o'clock p. m.„ in the City Hall, and after due consideration of the comments from those present at such public hearing, the Council does hereby reverse the decision of the City Planning Commission with respect to the said Petition M-279, and does hereby grant such petition; provided, however, that the petitioners shall in all respects comply with the plan dated April 2, 1959, prepared by the Engineering Eivision of the Department of Public vorks and entitled "Proposed Flood Plain in Bell Branch of River Rouge Drain Middlebelt West, a Part of the N. E. 1A4 of Section 14, T. 1 S., R. 9 E., Wayne County, Michigan. Oh motion of Councilman McCann, seconded by Councilman Daugherty and unanimously adopted, this 411th regular meeting of the Council of the City of Livonia was duly adjourned at 9:35 P. M., May 29, 1963. , c, A., M ie Clark, City Clerk