HomeMy WebLinkAboutCOUNCIL MINUTES 1969-09-03 10758
MINUTES OF THE SIX HUNDRED FIFTY-NINTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 3, 1969, the above meeting was held at the City Hall, 33001
Five Nile Road, Livonia, Michigan, and was called to order by the President of the
Council at approximately 8:10 P. M. Councilman McCann delivered the invocation.
Roll was called with the following result: Present--Edward H. McNamara, Rudolf R.
Kleinert, Peter A. Ventura, Robert E. McCann, Robert F. Nash, and Edward G. Milligan.
Absent: Jerry Raymond (excused).
Elected and appointed officials present: Addison W. Bacon, City Clerk;
Harry C. Tatigian, City Attorney; Albert W. Easton, Assistant City Attorney; Robert A.
Shaw, Director of Public Works; William J. Strasser, City Engineer; Ed Siemert,
Assistant City Engineer; Don Hull, City Planner; John T. Dufour, Superintendent of
Parks and Recreation; James Miller, Personnel Director; Henry Sieferd, City Assessor;
Dan Andrew, Industrial Coordinator; Thomas J. Griffiths, Jr., Chief Accountant;
David L. Jones, Water and Sewer Commissioner; Donald Nicholson, Director of Public
Safety; Frank Kerby, Chief Building Inspector; Victor Phillips, Budget Director;
Raymond Danaher, Budget Analyst; Carl Demek, Superintendent of Operations; Robert
Bennett, Zoning Board of Appeals; and Frank Santo, Planning Commission.
By Councilman Nash, seconded by Councilman McCann, and unanimously adopted,
it was
#930-69 RESOLVED, that the minutes of the 658th regular meeting of the
Council of the City of Livonia, held August 20, 1969, are hereby approved.
A communication from the Mayor, dated September 3, 1969, advising that
Livonia's Workable Program for Community Improvement has been recertified until
September 1, 1971, by the Department of Housing and Urban Development, was received
and filed for the information of the Council.
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The following preamble and resolution were offered by Councilman Nash and
supported by Councilman Milligan:
#931-69 WHEREAS, September 3, 1969, at 11:00 o'clock a.m., Eastern
Standard Time, has been set as the date and time for opening bids for the
purchase of $225,000.00 Tax Anticipation Notes of the City of Livonia,
County of Wayne, Michigan;
AND WHEREAS, said bids have been publicly opened and read;
AND WHEREAS, the following bids have been received;
Bidder Maturity Interest Rate Premium
Livonia National Bank April 1, 1970 4.19% None
National Bank of Detroit April 1, 1970 4.25% None
AND WHEREAS, the bid of Livonia National Bank has been determined
to produce the lowest interest cost to the City;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The bid of Livonia National Bank as above stated, be and the
same is hereby accepted.
2. Checks of the unsuccessful bidders be returned to each bidder's
representative or by registered mail.
3. 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: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Nash, seconded by Councilman McCann, it was
#932-69 RESOLVED, the Council does hereby determine that its regular
meetings for the month of October, 1969, shall be conducted on the follow-
ing dates at 8:00 P. M.:
Monday, October 6, 1969;
Monday, October 13, 1969;
Monday, October 20, 1969; and
Monday, October 27, 1969
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Ventura, and McNamara.
NAYS: Kleinert.
The President declared the resolution adopted.
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LCouncilman Milligan took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 32
OF THE ZONING MAP OF THE CITY OF
LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO. 543, AS AMENDED,
KNOWN AND CITED AS THE "CITY OF
LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. THERETO RE: PET. 69-3-1-10
FOR CHANGE OF ZONING FROM C-1 TO R-7,
INTRODUCED BY COUNCILMAN MILLIGAN ON
AUGUST 20, 1969.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
LCouncilman Nash took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE CONCERNING THE
GOVERNMENT OF THE CITY OF LIVONIA,
MICHIGAN, ADOPTING AND ENACTING A
NEW CODE OF GENERAL ORDINANCES AS
HEREIN CHANGED, ORDAINING NEW PRO-
VISIONS, ADOPTING TECHNICAL WORKS,
AND REPEALING CERTAIN ORDINANCES
EXCEPT AS HEREIN EXPRESSLY SAVED FROM
REPEAL, AND PROVIDING FOR THE EFFECTIVE
DATE OF SAID CODE.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
By Councilman Milligan, seconded by Councilman Kleinert, and unanimously
adopted, it was
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#933-69 RESOLVED, that after having considered a request from the
Executive Officer, Installations and Services Directorate, Department of
the Army, Tank—Automotive Command, Warren, Michigan, asking the City for
assistance in providing living accommodations to military families, the
Council does hereby determine to provide whatever assistance is possible
within the scope of its authority in this regard, and the City Clerk is
hereby requested to acknowledge said communication.
A communication from the Livonia Housing Commission, dated August 13, 1969,
relative to the Progress of Program Reservation MICH-55-B (81 Dwelling Units for Low-
Income Elderly) was received and filed for the information of the Council.
By Councilman Milligan, seconded by Councilman McCann, and unanimously
adopted, it was
#934-69 RESOLVED, that after having considered resolutions adopted by
Plymouth Township, Dearborn Heights, and Inkster relative to the collection
of delinquent personal property taxes by Wayne County Treasurer, the Council
does hereby determine to refer this matter to the Study Session of the
Council to be held September 17, 1969, at which meeting the City Treasurer,
Carl Purcell-Wayne County Board of Supervisors, and Dearborn Heights
Councilman Caldwell are invited to attend.
By Councilman Milligan, seconded by Councilman Ventura, it was
#935-69 RESOLVED, that having considered a communication dated August 14,
1969 from the Department of Law transmitting for Council acceptance a Quit
Claim Deed dated July 31, 1969 executed by Leonard Farber, Partner, Deventen
Investors Co., a Michigan Registered Co-Partnership, wherein a right-of-
way is conveyed to the City for Joy and Hix Roads, said right-of-way being
more particularly described as:
The North 546.02 feet of the South 606.02 feet of the Easterly
43 feet of the SW 1/4 of Section 31, T. 1 S., R. 9 E., City of
Livonia, Wayne County, Michigan
and
The Southerly 60 feet of the Easterly 1085.97 feet of the SW 1/4
of Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County,
Michigan.
Bureau of Taxation Parcel 31GG1
Joy and Hix Roads right-of-way
the Council does herein accept for and in behalf of the City of Livonia the
aforesaid Deed and the City Clerk is hereby requested to have the same
recorded with the Wayne County Register of Deeds; and the City Clerk is
hereby authorized to do all things necessary or incidental to the full
performance of this resolution.
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L A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman Ventura, it was
#936-69 RESOLVED, that having considered a communication dated July 31,
1969 from the Department of Law transmitting for Council acceptance a
warranty deed dated July 214, 1969 executed by Joseph B. Slatkin, President
and Irvin Hermanoff, Secretary of Harry Slatkin Builders, Inc., a Michigan
corporation, and a quit claim deed dated July 30, 1969 executed by
Esther Slatkin, Robert Slatkin, and Norman L. Lippitt, administrators
C/T/A of the estate of Adolph Slatkin, deceased and by Maxine Ferne
Pearlman, Joseph Pearlman, and Jacob L. Keidan, Executrix and Administra-
tors With Will Annexed of the Estate of Milton L. Slatkin, deceased, each
of which conveys parcels lOR and 10KK1, for a future park site, said
property being more particularly described as:
PARCEL I: West 1/2 of the Southeast 1/4 of Section 10,
except the South 60 feet thereof, Town 1 South,
Range 9 East (77.98 acres more or less)
PARCEL II: South 1/3 of the West 1/2 of the Northeast 1/14
L of Section 10, Town 1 South, Range 9 East
(26.74 acres more or less)
the Council does hereby determine for and in behalf of the City of Livonia
to accept the aforesaid instrument, and the City Clerk is hereby requested
to have the same recorded in the Office of the Wayne County Register of
Deeds and to do all other things necessary or incidental to the full
performance of this resolution; further, the City Assessor is hereby
requested to do all things necessary to have the subject property removed
from the tax rolls as being city-owned and exempt.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Milligan and Councilman Ventura, it was
#937-69 RESOLVED, that having considered a communication dated July 29,
1969 from the Department of Law transmitting for Council acceptance a Quit
Claim Deed dated July 22, 1969 executed by John Horvath and Lucille
Horvath, his wife, wherein a right-of-way is conveyed to the City for
Stark Road, said right-of-way being more particularly described as:
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The west 43 feet of that part of the S. E. 1/4 of Section 33 described
as beginning at a point on the N. and S. 1/4 line of said Section
distant S. 1° 55' 30" W. 345.27 feet from the Center 1/4 corner of
Section 33 and proceeding thence S. 59° 09' 10" E. 345.39 feet; thence
S. 87° 39' 10" E, 5.03 feet; thence S. 1° 43' 20" W, 49.18 feet;
thence S. 86° 23' W, 160.76 feet; thence N. 82° 05' 30" W, 148.31
feet; thence N. 1° 55' 30" E. along the N. and S. 1/4 section line,
216.32 feet to the point of beginning.
Bureau of Taxation Parcel 33DD1a3a1
Stark Road right-of-way
the Council does herein accept for and in behalf of the City of
Livonia the aforesaid Deed and the City Clerk is hereby requested to
have the same recorded with the Wayne County Register of Deeds; and
the City Clerk is 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: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman Ventura, it was
#938-69 RESOLVED, that having considered a communication from the
Department of Law dated July 24, 1969 transmitting for Council acceptance
certain documents, said documents being more particularly described as:
1. Grant of Easement dated June 5, 1969 executed
by Flora Anne Berei and Louis Berei, husband
and wife, conveying: The east 10 feet of Lot 9
Thomas F. 01Connor's Merriman Park Subdivision
of part of S. E. 1/4 of Southeast 1/4 of Section 10,
T. 1 S., R. 9 E., City of Livonia, Wayne County,
Michigan. (Bureau of Taxation Parcel 10d9)
2. Quit Claim Deed dated July 15, 1969 executed by
Harold E. Edwards and Mildred Edwards, his wife,
and Eugene Edwards and Emma M. Edwards, his
wife, conveying: The East 60 feet of the South 1/2
of the S. E. 1/4 of the N. E. 1/4 of Section 18, T.
1 S., R. 9 E., City of Livonia, Wayne County,
Michigan; also the N. 1/2 of the N. E. 1/4 of the S.E.
1/4 of Section 18, except that part thereof described as
beginning at a point on the E. section line distant due
north, 2280.49 feet from the S. E. corner of Section 18
and proceeding thence N. 89° 59' W. 710.35 ft; thence
N. 52° 59' 50" W. 24.60 feet; thence due north, 215
feet; thence N. 29° 36' 10" E., 69.88 feet; thence N.
62° 25' 40" E., 85.15 feet; thence S. 89° 59' E., 620
feet; thence due south along said E. line, 330 feet to
the point of beginning. (Bureau of Taxation Parcel 18D2)
(Newburgh Road right-of-way)
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3. Quit Claim Deed dated May 20, 1969 executed by
Isabella Hunter, a widow, conveying: That part of
the N. 1/2 of Section 28, T. 1 S., R. 9 E., City of
Livonia, Wayne County, Michigan, described as
beginning at a point on the N. & S 1/4 line of Section 28,
distant S 0° 41' 44" W, 1335.91 feet from the N 1/4
corner of Section 28 and proceeding thence S 89° 15' 42"
E, 927.99 feet to the west line of Stark Road (86 feet
in width); thence S 15° 07' 25" W, along said west line
41.29 feet; thence N 89° 15' 42" W, 817.75 feet; thence
N 83° 33' 02" W, 100.49 feet; thence N 89° 15' 42" West
719.62 feet; thence southwesterly along a tangent curve
to the left, said curve having a radius of 470.18 feet,
a central angle of 11° 41' 30", a chord bearing of S
8)40 53' 33" W and chord distance of 95.78 feet, an arc
of 95.95 feet to a point; thence S 79° 02' 48" W, on
a tangent to said curve 50 feet; thence westerly along
a curve to the right, said curve having a radius of
487.51 feet, a central angle of 11° 41' 30", a chord
bearing of S 84° 53' 33" W a chord distance of 99.30
feet, an arc distance of 99.48 feet to a point; thence
N 89° 15' 42" W along a tangent to said curve 350.0
feet; thence N 0° 34' E, 60.0 feet; thence S 89° 15'
42" E, 1312.97 feet to the point of beginning.
(Bureau of Taxation Parcel 28e808)
Industrial Road dedication
the Council does herein accept for and in behalf of the City of Livonia
the aforesaid documents and the City Clerk is hereby requested to have the
same recorded in the Office of the Wayne County Register of Deeds and to
do all other things necessary or incidental to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman Ventura, it was
#939-69 RESOLVED, that having considered a communication dated July 17,
1969 from the Department of Law transmitting for Council acceptance a Grant
of Easement dated December 6, 1968 executed by Harold E. Edwards; Eugene
Edwards and Emma Marie Edwards, his wife, wherein a drain easement across
Parcel 18D2 is conveyed to the City in connection with the Newburgh Road
Paving Project, said easement being more particularly described as:
That part of the S. E. 1/4 of Section 18, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan, described as
beginning at a point on the E. Section line distant due
north 2610.49 feet from the S. E. corner of Section 18
and proceeding thence N. 89° 59' W., 130 feet; thence due
north, 60 feet; thence S. 89° 59' E., 130 feet; thence
due south along said E. line, 60 feet to the point of
beginning.
10765
the Council does herein accept for and in behalf of the City of Livonia
the aforesaid document and the City Clerk is hereby requested to have the
same recorded with the Wayne County Register of Deeds.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Milligan) seconded by Councilman Ventura, it was
#940-69 RESOLVED, that having considered a communication from the
Department of Law dated August 13, 1969 transmitting for Council acceptance
certain documents, said documents being more particularly described as:
1. Grant of Easement dated July 10, 1969 executed by James H.
Durant and Esther E. Durant, his wife, conveying: That
part of the S. W. 1/4 of Section 11, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan,. described as
beginning at a point on the N. and S 1/4 line of said
section distant N 0° 01' 25" E, 60.0 feet from the S
1/4 corner of Section 11 and proceeding thence N 0°
01' 25" E along said line, 229.0feet; thence S 89° 51'
10" W, 129.51 feet; thence S 0° 01' 42" E, 229.0 feet;
thence N 89° 51' 10" E along the N. line of Six Mile
Road, 120 feet wide, 129.30 feet to the point of
beginning. (Bureau of Taxation Parcel 11DDla)
2. Grant of Easement dated July 14, 1969 executed by
William F. Whitener conveying: That part of the S. W.
1/4 of Section 11, T. 1 S., R 9 E., City of Livonia,
Wayne County, Michigan, described as beginning at a
point on the N and S 1/4 line of said section distant
N 0° 01' 25" E, 289.0 feet from the S 1/4 corner of
Section 11 and proceeding thence N 0° 01' 25" E along
said line 150.0 feet; thence S 89° 51' 10" W, 129.65
feet; thence S 0° 01' 42" E, 150.0 feet; thence N 89°
51' 10" E, 129.51 feet to the point of beginning.
(Bureau of Taxation Parcel 11DD1b)
3. Grant of Easement dated July 10, 1969 executed by Gerard A.
Noble and Patricia E. Noble, his wife, and Albert N. Harrison
and Mary Louise Harrison, his wife conveying: That part of
the S. W. 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, described as beginning at a point on
the N and S 1/4 line of said section distant N 0° 01' 25"
E 439.0 feet .from the S 1/4 corner of Section 11, and
proceeding thence N 0° 01' 25" E along said line 150.0
feet; thence S. 89° 51' 10" W, 129.79 feet; thence
S 0° 01' 42" E, 150.0 feet; thence N 89° 511 10" E,
129.65 feet to the point of beginning.
(Bureau of Taxation Parcel 11DrIc)
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4. Grant of Easement dated July 14, 1969 executed by Fredrick W.
McLelland and Mary E. McLelland, his wife conveying: That part
of the S. W. 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, described as beginning at a point on the
N and S 1/4 line of said section distant N 0° 01' 25" E, 589.0
feet from the S 1/4 corner of Section 11 and proceeding thence
N 0° 01' 25" E along said line 150.0 feet; thence S 89° 51' 10" W,
129.93 feet; thence S 0° 01' 42" E, 150.0 feet; thence N 89° 51'
10" E, 129.79 feet to the point of beginning.
(Bureau of Taxation Parcel 11DD1d)
5. Grant of Easement dated July 5, 1969 executed by Patrick J.
McDonald and Geraldine McDonald, his wife conveying: That part
of the S. W. 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, described as beginning at a point on the
N and S 1/4 line of said section distant N 0° 01' 25" E, 739.0
feet from the S 1/4 corner of Section 11 and proceeding thence
N 0° 01' 25" E along said line, 214.90 feet; thence S 89° 51' 10"
W, 130.13 feet; thence S 0° 10' 42" E, 214.89 feet; thence N. 89°
51' 10" E, 129.93 feet to the point of beginning, except the north
part thereof measuring 32.15 feet on the E. line and 30.82 feet
on the W. line. (Bureau of Taxation Parcel 11DDlela)
the Council does herein accept for and in behalf of the City of Livonia
the aforesaid documents and the City Clerk is hereby requested to have the
same recorded in the Office of the Wayne County Register of Deeds and to
do all other things necessary or incidental to the full performance of
this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Nash, it was
#941-69 RESOLVED, that having considered a communication dated August 7,
1969 from the Superintendent of Operations, Director of Public Works and
the Budget Director, and approved for submission by the Mayor, the Council
does hereby determine to accept the bid of Cyril J. Burke, Incorporated,
6451 E. McNichols Road, Detroit, Michigan 43212, :;hich bid was the only
bid received meeting specifications, for suprJ.ying the Operations Division
with one (1) new Austin-Western Super 100 Tandem Ruad Grader at a bid price
of $26,947.00, less trade-in of $3,047.00 on a 1952 Galion Road Grader,
Model 188, Serial No. MD-18570-118UDC832195OF, (DPW Veh. #105) for a net
price of $23,900.00;
further, the Council does hereby authorize the Budget Director to make such
purchase and arrange for the financing of the same in the following manner:
Payment of $7400.00 (allocated in current budget) to be paid
at time of delivery, and the balance of $16,500.00 to be paid
in two equal annual installments and to be evidenced in two
promissory notes, each to bear an interest rate not to exceed
4-1/2 per centum per year and said notes to be executed with
the Livonia National Barak of Livonia, Michigan;
10767
further, the City Clerk is hereby authorized to execute such notes in
behalf of the City, subject to approval as to form by the City Attorney;
and the City Clerk and City Treasurer are hereby requested to do all things
necessary or incidental to the full performance of this resolution.
By Councilman Ventura, seconded by Councilman Milligan, it was
RESOLVED, that having considered a communication dated August 7,
1969 from the Superintendent of Operations, Director of Public Works and
the Budget Director, and approved for submission by the Mayor relative to
the acceptance of a bid for supplying the Operations Division with one road
grader, the Council does hereby refer this matter to the Finance Committee
of the Council for report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Milligan and Ventura.
NAYS: McCann, Nash, Kleinert, and McNamara.
The President declared the resolution denied.
A roll call vote was taken on the original resolution with the following result:
AYES: McCann, Nash, Kleinert, and McNamara.
NAYS: Milligan and Ventura.
The President declared the resolution adopted.
By Councilman Nash, seconded by Councilman Kleinert, it was
#942-69 RESOLVED, that having considered a communication from the Director
of Public Safety, dated July 15, 1969, approved by the Budget Director and
approved for submission by the Mayor, the Council does hereby determine to
accept the bid of Remington Rand Office Systems, Division of Sperry Rand
Corporation, 23999 Northwestern Highway, Southfield, Michigan, for supply-
ing the Police Division with one Card Conveyer Soundex Filing Machine for
the price of $5,40$.00, the same having been the only bid received with
respect to this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Nash, it was
RESOLVED, that having considered a communication from the City
Engineer and the Assistant City Engineer, dated August 111, 1969, approved
by the Director of Public Works and approved for submission by the Mayor,
the Council does hereby determine to accept the bid of Forneys, Incorporated,
P. 0. Box 310, New Castle, Pennsylvania 16103, for supplying the Engineer-
ing Division with one Concrete Compression Tester, Model QC-150, for the
sum of $2,165.00, the same having been in fact the lowest bid received with
respect to this item.
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LA roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert and McNamara.
NAYS: McCann, Nash, Milligan, and Ventura.
The President declared the resolution denied.
By Councilman Ventura, seconded by Councilman Milligan, it was
#943-69 RESOLVED, that having considered a communication from the City
Engineer and the Assistant City Engineer, dated August 14, 1969, approved
by the Director of Public Works and approved for submission by the Mayor
with regard to the purchase of a concrete compression tester by the
Engineering Division, the Council does hereby determine to reject all bids
received with respect to this item and to take no further action; further
the Council does hereby rescind CR#573-69.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, and Ventura.
NAYS: Kleinert and McNamara.
The President declared the resolution adopted.
I, By Councilman Kleinert, seconded by Councilman McCann, it was
#9411-69 RESOLVED, that having considered a communication dated July 17,
1969 from the Water and Sewer Board, approved for submission by the Mayor,
which transmits its resolution #WS 1236 6/69 adopted on June 30, 1969, the
Council does hereby determine to accept the bid of Bill Brown, Inc.,
32222 Plymouth Road, Livonia, Michigan 48150, for supplying the Water
Department with one (1) new Ford Custom 54E four door sedan at a cost of
$1,937.64, the same having been in fact the lowest bid received with respect
to this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Nash, seconded by Councilman McCann, it was
#945-69 RESOLVED, that, Gordon Begin Co., 31530 Dolly Madison Drive,
Madison Heights, Michigan, as proprietors, having requested the City
Council to approve the proposed preliminary plat of the following sub-
division: Mar-Git Subdivision No. 2, located in the S. W. 1/4 of Section
24, City of Livonia, the said proposed preliminary plat being dated
November 14, 1968; and it further appearing that tentative approval of
such preliminary plat was given by the City Planning Commission, after due
notice and a public hearing on December 3, 1968; and it further appearing
that such preliminary plat, together with Development Plans and Specifica-
tions for improvements therein have been examined and approved by the
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Department of Public Works as is set forth in the report of that department
dated August 1, 1969; therefore, the City Council does hereby approve of
the said preliminary plat on the following conditions:
(1) All of the improvements, utilities and grading shall be con-
structed, installed and accomplished in conformity with the provisions of
the ordinances of the City of Livonia, including the Plat Ordinance,
Ordinance No. 500, as amended; the subdivision regulations of the Planning
Commission; the regulations and specifications of the Department of Public
Works and the development plans submitted by the proprietor and approved
by such Department; all such improvements to be constructed, installed,
accomplished and completed withinaperiod of two (2) years from the effec-
tive date of this resolution; failing this, the approval contained herein
shall be considered null, void and of no effect whatsoever;
(2) That all inspection fees and other charges due to the City
of Livonia shall be fully paid in the time and manner provided in the said
Plat Ordinance, as amended:
(3) That the installation of such improvements shall be subject
at all times to the supervision and inspection and final approval of the
Department of Public Works and such improvements shall not be considered, as
having been satisfactorily and completely installed until there is filed
with the City Council the certificate as provided in Section 7.03 of said
Plat Ordinance, as amended;
(4) That the proprietor enter into an agreement with the City of
Livonia agreeing to construct, within the prescribed period of time and in
the prescribed manner, all improvements required to the extent required by
the City of Livonia and as shown on the approved development plans;
(5) That the following cash payments be made to the City:
a) Trees $ 411.60
b) Traffic Control Signs (already in place)
c) Street Name Signs (already in place)
d) Plan review, field inspection and
administration (5% before contingencies) $1,515.00
e) Ditch Maintenance (To be held in escrow
for a period of one year after acceptance
of ditches. $1,000.00
f) Survey Monuments (Cash Escrow) $ 625.00
(6) That the final true record plat of the aforesaid subdivision
shall be submitted and must receive final approval of the City Planning
Commission as evidence that such plat is in compliance with existing sub-
division regulations;
(7) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City Council within
two (2) years from the effective date of this reaolution; the City Council
shall approve final plats of the aforesaid proposed subdivision if drawn
in substantial conformity with the proposed plat as approved herein and
provided there has been compliance with all other requirements of the Plat
Act., Plat Ordinance, and this resolution.
10770
(8) That, for the purpose of obtaining approval of final plata
prior to the completion of all required improvements, the proprietor may
file with the City of Livonia, surety bond, certified check, cash bond or
other financial assurance in such form as may be approved by the Department
of Law, guaranteeing the satisfactory installation of all such improve-
ments, utilities and grading by the proprietor within the prescribed
period; that in the event the proprietor elects to deposit such financial
assurances, the same shall be in the following amounts:
General Improvement Bond $29,400.00 of which at least
$2,940.00 shall be in cash
Sidewalk Bond $3,870.00 of which at least
$1,935.00 shall be in cash
(9) The Council does hereby waive and modify the improvement
requirements set forth in the Plat Ordinance with respect to ornamental
street lighting as well as overhead distribution lines for telephone and
electric service for the reasons indicated in the aforesaid communication
except that with respect to such distribution lines for telephone and
electric service the same shall be placed underground where the same con-
nect from poles to such houses and dwellings as may be constructed in the
same subdivision.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Ventura, and McNamara.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Milligan, seconded by Councilman Nash, it was
#946-69 RESOLVED, that having considered the report and recommendation
dated August 14, 1969 from the City Engineer, approved by the Director of
Public Works and approved for submission by the Mayor, the Council does
hereby authorize the release to the proprietor of the cash bond in the
amount of $680.00 deposited with the City in accordance with Council
Resolution #1044-65 adopted November 3, 1965, as thereafter subsequently
amended, including the action taken on October 3, 1966 in Council Resolu-
tion #999-66 which previously reduced such financial assurances to $680.00,
to guarantee the satisfactory installation of improvements in Burton Hollow
Estates Subdivision #6; further, the Council does hereby authorize the
release to the proprietor of the financial assurances now on deposit with
the City for sidewalk improvements in the amount of $16,500.00 of which
$4,950.00 is in cash, it appearing from the aforementioned report of the
City Engineer that all required improvements have been satisfactorily in-
stalled in accordance with the rules and regulations and ordinances of
the City of Livonia; and the City Clerk and City Treasurer are hereby
authorized to do all things necessary or incidental to the full performance
of this resolution.
10771
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman Nash, it was
#947-69 RESOLVED, that having considered the report and recommendation
dated August 14, 1969 from the City Engineer, approved by the Director of
Public Works and approved for submission by the Mayor, the Council does
hereby amend item No. 8 of Council Resolution #252-69 adopted on March 5,
1969 so as to reduce the financial assurances now on deposit with the City
for general improvements in Bai-Lynn Park Subdivision #8 to $500.00 cash
to cover the cost of remaining improvements in said subdivision, and the
financial assurances now on deposit with the City, if any, shall be reduced
accordingly; further, the Council does hereby reduce the financial assur-
ances now on deposit with the City for sidewalk improvements in said sub-
division to $500.00; 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: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
L. NAYS: None.
By Councilman Nash, seconded by Councilman Ventura, it was
#948-69 RESOLVED, that having considered the report and recommendation
dated August 14, 1969 from the City Engineer, approved by the Director of
Public Works and approved for submission by the Mayor, the Council does
hereby amend item No. 8 of Council Resolution #1109-69 adopted on April 16,
1969 so as to reduce the financial assurances now on deposit with the City
for general improvements in Bai-Lynn Park Subdivision #9 to $500.00 cash
to cover the cost of remaining improvements in said subdivision, and the
financial assurances now on deposit with the City, if any, shall be reduced
accordingly; further, the Council does hereby reduce the financial assur-
ances now on deposit with the City for sidewalk improvements in said sub-
division to $500.00; 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: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Nash, seconded by Councilman Kleinert, it was
10772
#949-69 RESOLVED, that having considered a communication dated August 4,
1969 from the City Assessor, approved for submission by the Mayor, which
transmits a request from Mr. Jerome W. Dorr of John H. Hussey Company, 20340
W. McNichols Road, Detroit, Michigan 48219, dated July 17, 1969, and in
accordance with the provisions of Act 288 of the Public Acts of 1967, as
amended, as well as the City's ordinances, the Council does hereby find
that the proposed division or partition of Lot 44, Garden Farms Subdivision,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, is proper and
does hereby approve of dividing the same into two parcels, the legal
descriptions of which shall read as follows:
PARCEL A
The E. 110of Lot 44, Garden Farms Subdivision, of part of the
E. 1/2 of the N. E. 1/4 of Section 12, T. 1 S., R. 9 E., Livonia
Township, Wayne County, Michigan. Rec'd. L. 40, P. 56 Plats,
W.C.R. (Now City of Livonia)
PARCEL B
The W. 80' of Lot 44, Garden Farms Subdivision, of part of the
E. 1/2 of the N. E. 1/4 of Section 12, T. 1 S., R. 9 E., Livonia
Township, Wayne County, Michigan. Rec'd. L. 40, P. 56 Plats,
W.C.R. (Now City of Livonia)
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.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, McNamara.
NAYS: None.
By Councilman Nash, seconded by Councilman Kleinert, it was
#950-69 RESOLVED, that having considered a communication dated July 31,
1969 from the City Assessor, approved for submission by the Mayor, which
transmits a request from Mr. John Kiro, 29007 Terrence, Livonia, Michigan,
dated February 10, 1969, and in accordance with the provisions of Act 288
of the Public Acts of 1967, as amended, as well as the City's ordinances,
the Council does hereby find that the proposed division or partition of
Lot 341, Supervisor's Livonia Plat #5, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, is proper and does hereby approve of dividing the
same into two parcels, the legal descriptions of Which shall read as
follows:
PARCEL A
The East 127.93 feet of Lot 341, Supervisor's Livonia Plat No. 5
of the S. 1/2 of the N. W. 1/4 of Section 13, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan.
10773
PARCEL B
Lot 341, except the East 127.93 feet thereof, Supervisor's Livonia
Plat No. 5 of the S. 1/2 of the N. W. 1/4 of Section 13, 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.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Nash, seconded by Councilman Kleinert, it was
#951-69 RESOLVED, that having considered a communication dated July 31,
1969 from the City Assessor, approved for submission by the Mayor, which
transmits a request from Mr. Morris Friedman of Belsar Development Company,
18685 Wyoming Avenue, Detroit, Michigan 48221, dated June 14, 1969, and
in accordance with the provisions of Act 288 of the Public Acts of 1967,
as amended, as well as the City's ordinances, the Council does hereby find
L that the proposed division or partition of Lot 21, Merriman Road Industrial
Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, is
proper and does hereby approve of dividing the same into two parcels, the
legal descriptions of which shall read as follows:
PARCEL A
Lot 21, except the southerly 200' Merriman Road Industrial
Subdivision of part of the N. W. 1/4 of Section 26, T. 1 S.,
R. 9 E., City of Livonia, Wayne County, Michigan.
Liber 88, Pages 25, 26.
PARCEL B
The southerly 200' of Lot 21 as measured perpendicular to
the East line of said lot, Merriman Road Industrial Subdivision
of part of the N. W. 1/4 of Section 26, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan. Liber 88,
Pages 25, 26.
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.
LA roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, McNamara.
NAYS: None.
10774
By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted
Li c was
#952-69 RESOLVED, that having considered a communication from the Depart-
ment of Law dated August 14, 1969, which submits a proposed amendment to
the Building Code Ordinance No. 449 which would propose to require alumi-
num gutters and downspouts for commercial and residential buildings, the
Council does hereby refer the same to the Legislative Committee for its
report and recommendation.
Councilman Ventura gave first reading to the following Ordinance:
AN ORDINANCE AMENDING ORDINANCE
NO. 401, AS AMENDED, KNOWN AND
CITED AS THE "SPECIAL ASSESSMENT
PROCEDURE ORDINANCE" OF THE CITY
OF LIVONIA BY AMENDING SECTION 6.05
THEREOF.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
Lmeeting of the Council.
By Councilman Ventura, seconded by Councilman Kleinert, and unanimously
adopted, it was
#953-69 RESOLVED, that having considered a communication from the Depart-
ment of Law dated July 23, 1969, which submits a proposed ordinance to
license car washes pursuant to Council Resolution #240-68, the Council does
hereby refer the same to the Legislative Committee for its report and
recommendation.
Councilman Nash gave first reading to the following Ordinance:
AN ORDINANCE AMENDING NO. 500,
AS AMENDED, OF THE CITY OF LIVONIA,
KNOWN AND CITED AS THE "PLAT
ORDINANCE" BY ADDING SECTION 6.15.1
THEREOF.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
LThe above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
10775
Councilman Ventura gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 12 OF
THE ZONING MAP OF THE CITY OF LIVONIA
AND AMENDING ARTICLE III OF ORDINANCE
NO. 543, AS AMENDED, KNOWN AND CITED
AS THE "CITY OF LIVONIA ZONING ORDINANCE,"
BY ADDING SECTION 3. THERETO. RE: PET.
65-8-1-2 FOR CHANGE OF ZONING FROM
R-1 TO R-7
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
At 9:25 p. m., a recess was called, after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting.
Councilman Ventura gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 29 OF
THE ZONING MAP OF THE CITY OF LIVONIA
AND AMENDING ARTICLE III OF ORDINANCE
NO. 5) 3, AS AMENDED, KNOWN AND CITED
AS THE "CITY OF LIVONIA ZONING ORDINANCE,"
BY ADDING SECTION 3. THERETO. RE: PET.
69-3-1-11 FOR CHANGE OF ZONING FROM
C-2 TO M-1.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Milligan gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 2 OF
THE ZONING MAP OF THE CITY OF LIVONIA
AND AMENDING ARTICLE III OF ORDINANCE
NO. 543, AS AMENDED, KNOWN AND CITED
AS THE "CITY OF LIVONIA ZONING ORDINANCE,"
BY ADDING SECTION 3. THERETO. RE: PET.
69-2-1-5 FOR CHANGE OF ZONING FROM
RUF TO R-5.
10776
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Ventura gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 2 OF
THE ZONING MAP OF THE CITY OF LIVONIA
AND AMENDING ARTICLE III OF ORDINANCE
NO. 543, AS AMENDED, KNOWN AND CITED
AS THE "CITY OF LIVONIA ZONING ORDINANCE,"
BY ADDING SECTION 3. THERETO. RE: PET.
69-3-1-8 FOR CHANGE OF ZONING FROM
RUF TO R-4.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Ventura gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 2 OF
THE ZONING MAP OF THE CITY OF LIVONIA
AND AMENDING ARTICLE III OF ORDINANCE
NO. 543, AS AMENDED, KNOWN AND CITED
AS THE "CITY OF LIVONIA ZONING ORDINANCE,"
BY ADDING SECTION 3. THERETO. RE: PET.
69-2-1-2 FOR CHANGE OF ZONING FROM
RUF TO C-2.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
By Councilman Ventura, seconded by Councilman Kleinert, and unanimously
adopted, it was
#954-69 RESOLVED, that having considered a communication from the Depart-
ment of Law, dated July 24, 1969, submitted pursuant to Council Resolution
#646-69, requesting the drafting of a proposed amendment to the Zoning
Ordinance, Section 8.02, so as to provide that with respect to site plans
for multiple dwellings review by the City Planning Commission shall be
10777
limited to a period of sixty (60) days, the Council does hereby refer the
same to the City Planning Commission for the purpose of conducting a public
hearing and thereafter submitting its report and recommendation to the
Council, in accordance with the provisions of Article XXIII of the Zoning
Ordinance, Ordinance No. 543, as amended.
By Councilman Milligan, seconded by Councilman Nash, and unanimously
adopted, it was
#955-69 RESOLVED, that in accordance with the provisions set forth in
Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended,
the City Zoning Act, (M.S.A. Section 5.2934), as well as Article XXIII of
Ordinance 543, the Zoning Ordinance of the City of Livonia, the Council
does hereby determine that a public hearing will take place before the
City Council of the City of Livonia on Wednesday, October 8, 1969, at
7:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia,
Michigan, with respect to the following items:
(a) Petition 69-5-6-10 submitted by the City Planning Commission
on its own motion to determine whether to amend Section 8.02
of Ordinance #543, as amended, the Zoning Ordinance, for the
purpose of expanding the number of uses permitted in R-7
Districts, the City Planning Commission having in its
resolution #6-88-69 recommended to the City Council that
Petition 69-5-6-10 be approved;
(b) Petition 69-5-6-11 submitted by the City Planning Commission
on its own motion to determine whether to amend Section 27.04
of Ordinance #543, as amended, the Zoning Ordinance, for the
purpose of expanding the number of uses permitted in R-8 Districts,
the City Planning Commission having in its resolution #6-89-69
recommended to the City Council that Petition 69-5-6-11 be
approved;
(c) Petition 69-5-6-8 submitted by the City Planning Commission
on its own motion to determine whether to amend Article XVIII
of Ordinance #543, as amended, the Zoning Ordinance, by adding
Section 18.55 requiring submission of site plans for approval
by the City Planning Commission of developments in the vicinity
of the Livonia Mall Shopping Center, the City Planning Commission
having in its resolution #6-90-69 recommended to the City Council
that Petition 69-5-6-8 be approved;
(d) Petition 69-5-6-9 submitted by the City Planning Commission
on its own motion to determine whether to amend Article XVIII
of Ordinance #543, as amended, the Zoning Ordinance, by adding
Section 18.56 requiring submission of site plans for approval
by the City Planning Commission of developments in the vicinity
of the Wonderland Shopping Center, the City Planning Commission
having in its resolution #6-91-69 recommended to the City Council
that Petition 69-5-6-9 be approved;
10778
(e) Petition 69-3-1-9 submitted by Emerson Building Company of Detroit
for a change of zoning on property located on the west side of
Alexander between Sunnydale and Broadmoor in the Southwest 1/4 of
Section 13, from RUF to R-1, the City Planning Commission having
in its resolution #6-94-69 recommended to the City Council that
Petition 69-3-1-9 be denied;
(f) Petition 69-6-6-14 submitted by the City Planning Commission on
its own motion to determine whether to amend Section 11.03 Waiver
Uses (C-2 Districts) Restaurants, of Ordinance #543, as amended,
the Zoning Ordinance, so as to establish specific regulations for
controlling the development of carry-out type restaurants, the
City Planning Commission having in its resolution #7-102-69
recommended to the City Council that Petition 69-6-6-14 be approved;
(g) Petition 69-6-6-15 submitted by the City Planning Commission
on its own motion to determine whether to amend Section 11.02
Permitted Uses (C-2 Districts) of Ordinance #543, as amended,
the Zoning Ordinance, so as to remove Waiver Uses in C-1 Districts
from Permitted Uses in C-2 Districts, the City Planning Commission
having in its resolution #7-103-69 recommended to the City Council
that Petition 69-6-6-15 be approved;
(h) Petition 69-6-6-16 submitted by the City Planning Commission
on its own motion to determine whether to amend Section 18.29
Yards; Use; of Ordinance #543, as amended, the Zoning Ordinance,
to clarify what can and cannot be located in front yards of
residentially zoned property, and to prohibit outside storage
of materials in any portion of the front yard and the first
25 feet of the side yard from the front of the building in
any industrially zoned district, the City Planning Commission
having in its resolution #7-104-69 recommended to the City Council
that Petition 69-6-6-16 be approved;
(i) Petition 69-2-6-6 submitted by the City Planning Commission
on its own motion to determine whether to amend Ordinance #543,
as amended, the Zoning Ordinance, by adding Paragraph 19 to
Section 2.10, Landscaping, the City Planning Commission having
in its resolution #7-107-69 recommended to the City Council
that Petition 69-2-6-6 be approved;
(j) Petition 69-6-6-17 submitted by the City Planning Commission
on its own motion to determine whether to delete Section 18.49,
Fences, of Ordinance #543, as amended, the Zoning Ordinance,
the City Planning Commission having in its resolution #7-105-69
recommended to the City Council that Petition 69-6-6-17 be approved;
further, that the City Clerk is hereby requested to no less than fifteen
days prior to the aforesaid date of said public hearing cause to have a
statement, indicating the nature of the proposed amendments to the Zoning
Ordinance and location of the proposed changes of zoning, as set forth
above, first to be published in the official newspaper of the City, or a
newspaper of general circulation in the City of Livonia, as well as to
not less than fifteen days prior to said public hearing cause to have
notice to be given by registered mail to each public utility company and
10779
to each railroad company owning or operating any public utility or rail-
road within the districts or zones affected; and the City Clerk is requested
to do all things necessary or incidental to the full performance of this
resolution.
By Councilman Kleinert, seconded by Councilman McCann, it was
RESOLVED, that having considered the report and recommendation
dated May 29, 1969 from the City Planning Commission which sets forth its
resolution #5-62-69 in regard to Petition 69-3-1-7 submitted by David
Perry, attorney for Elias Brothers Restaurant, Inc., for a change of zoning
on property located on the southeast corner of Vassar and Middlebelt Road
in the Southwest 1/14 of Section 1, from C-1 to C-2; and the Council having
conducted a public hearing with regard to this matter on July 16, 1969
pursuant to resolution #667-69, the Council does hereby concur with the
recommendation of the Planning Commission and the said Petition 69-3-1-7
is hereby denied for the reasons similar to those set forth in the action
taken by the Planning Commission.
By Councilman Ventura, seconded by Councilman Milligan, it was
#956-69 RESOLVED, that having considered the report and recommendation
dated May 29, 1969 from the City Planning Commission which sets forth its
resolution #5-62-69 in regard to Petition 69-3-1-7 submitted by David
Perry, attorney for Elias Brothers Restaurant, Inc., for a change of zoning
on property located on the southeast corner of Vassar and Middlebelt Road
in the Southwest 1/4 of Section 1, from C-i to C-2; and the Council having
conducted a public hearing with regard to this matter on July 16, 1969
pursuant to resolution #667-69, the Council does hereby determine to table
this matter until such time as the petitioner takes action with respect to
the same as well as until such time as Councilman Raymond is in attendance
at a meeting to be conducted for this purpose.
A roll call vote was taken on the tabling resolution with the following result:
AYES: Nash, Milligan, Ventura, McNamara.
NAYS: McCann and Kleinert.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Nash, it was
#957-69 RESOLVED, that the Council having adopted resolution #727-69
at its regular meeting held on June 25, 1969, requiring the City Engineer
to ascertain the assessed valuation of all property affected by the in-
stallation of sidewalks on both sides of Five Mile Road from Inkster to
Middlebelt, City of Livonia, Wayne County, Michigan, 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 and
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 recommendation 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 City, the number of installments in which assessments may be paid
10780
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 City Engineer with the City Clerk under date of July 22, 1969
and that there has been a full compliance with all of the provisions of
Section 3.03 and Section 4.01 of Ordinance No. 401, as amended, entitled
"An Ordinance to Provide for the Making of Public Improvements, Defraying
the Expense Thereof by Special Assessment and a Special Assessment
Procedure," the Council does hereby set Wednesday, October 8, 1969 at
7:00 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.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: Ventura.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Kleinert, it was
#958-69 RESOLVED, that having considered the letter from the Michigan
Liquor Control Commission dated June 24, 1969, and the report and recom-
mendation dated August 15, 1969 from the Director of Public Safety in
connection therewith, the Council does hereby approve of the request from
Bouche & Associates, Inc. for transfer of ownership of 1969 Class "C"
licensed business with dance permit located at 32826 Five Mile Road,
Livonia, Michigan 48154, from Rocky Polisei; and the City Clerk is hereby
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Nash, it was
#959-69 RESOLVED, that having considered a communication from the
Michigan Liquor Control Commission, dated July 22, 1969, relative to an
application from Carl Smereck for a new full year Class "C" license to
be located at Levan Road and Five Mile Road, Livonia, Michigan, the
Council does hereby refer the same to the Committee of the Whole for its
consideration along with all other such applications.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: Ventura.
The President declared the resolution adopted.
10781
By Councilman Nash, seconded by Councilman McCann, it was
#960-69 RESOLVED, that having considered a communication from the Parks
and Recreation Commission, dated July 16, 1969, approved by the Budget
Director and approved for submission by the Mayor, with respect to fees
for bridge classes in the Fall and Winter Recreation Program, the Council
does hereby approve of increasing such fees from $6.00 to $8.00 for ten
lessons, for the reasons indicated in the aforesaid communication; and the
City Clerk and City Treasurer are hereby requested to do all things neces-
sary to fulfill the purpose of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Milligan, it was
#961-69 RESOLVED, that having considered a communication from the Water
and Sewer Board, dated July 17, 1969, approved for submission by the Mayor,
which transmits its resolution #WS 1248 6/69 regarding Five Mile Road
paving, the Council does hereby authorize the expenditure of $3,000.00
from the Water Improvement Fund to replace Class 150 non-Cement lined
water mains from curb to curb on all street crossings on Five Mile Road
from Inkster to Merriman Road, to ductile Class IV water mains; and the
City Clerk and City Treasurer are hereby requested to do all things
necessary or incidental to the full performance of this resolution;
further the Council does hereby waive requirements relating to advertis-
ing and taking of bids with respect to this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Nash, seconded by Councilman Kleinert, it was
#962-69 RESOLVED, that having considered a communication from the Depart-
ment of Law dated August 13, 1969, approved for submission by the Mayor
regarding the acquisition of certain properties in connection with the
widening and improvement of Newburgh Road, and in accordance with the
recommendations made in the aforesaid communication, the Council does
hereby authorize the Division of Engineering and the Department of Law
to acquire property as specified in the said communication from the owner
or owners of the following parcel for the following amount:
Parcel Owner Amount
06J39c (Charles W kta ins and $700.00
Margaret Watkins, his wife)
and the sum of $4.00 is hereby authorized for the proration of taxes and
for this purpose the Council does hereby authorize the expenditure of the
aforesaid amounts from the $9,800,000.00 General Obligation Street and
Road Improvement Bond Issue for this purpose; and the Department of Law,
City Clerk and City Treasurer are hereby requested to do all things
necessary or incidental to fulfill the full purpose of this resolution.
10782
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman McCann, it was
#963-69 RESOLVED, that having considered a communication from the Director
of Public Safety, dated July 22, 1969, approved by the Budget Director and
approved for submission by the Mayor, the Council does hereby authorize
the transfer of $6500.00 from the Capital Outlay Account 181.E-70 to the
Vehicle Repair and Maintenance Account 184-7.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Ventura, it was
#961. -69 RESOLVED, that having considered a communication from the City
Planning Commission, dated July 17, 1969, which transmits its resolution
#6-87-69 with regard to Petition 69-4-3-2 submitted by Thomas A. Morgan
requesting the vacating of a 10' easement along the northerly portion of
Lot #22 of Devon-Aire Woods Park Subdivision in the N. W. 1/4 of Section
35, the Council does hereby concur with the recommendation of the City
Planning Commission and Petition 69-14-3-2 is hereby denied.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman McCann, and unanimously
adopted, it was
#965-69 RESOLVED, that the Council does hereby suspend their rules for
procedure as outlined in council resolution #337-56, so as to permit con-
sideration of several items that do not appear on the agenda.
The following resolution was unanimously introduced, supported, and adopted:
#966-69 RESOLVED, that having considered the request dated August 27,
1969 from Thomas D. Heap, 14373 Blackburn Avenue, Livonia, Michigan, sub-
mitted in behalf of the residents of Kimberly Oaks Estates Subdivision #4,
the Council does hereby grant permission to such residents to conduct a
street dance on Allen Avenue, between Blackburn and Cranston Avenue,from
8:30 P. M. to 1:00 A. M. commencing the evening of September 19, 1969,
subject to the approval of the Director of Public Safety.
10783
By Councilman Nash, seconded by Councilman Ventura, it was
#967-69 RESOLVED, that having considered a communication from the Depart-
ment of Law dated September 3, 1969, approved for submission by the Mayor,
with regard to the acquisition of Parcel 22c369b-466 the legal descr3,ption
of which is as follows:
That part of Grennada Park Subdivision No. 1 as recorded in Liber 54
of Plats, Page 77, Wayne County Records, described as beginning at a
point on the North Section Line distant S. 88° 29' E. 1170 feet from
the Northwest corner of Section 22, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, and proceeding thence S. 88° 29' E. along
said line, 806.82 feet, thence S. 1° 16' W. 560 feet; thence N. 88°
29' W. 808.29 feet; thence N. 1° 25' E. 560 feet to the point of
beginning. (Parcel 22c369b-466
8.93 acres, more or less)
the Council does hereby authorize the Department of Law to execute the
Right to Purchase Real Estate Agreement which is attached to the aforesaid
communication; further, the Council does hereby authorize the acquisition
of the subject property for a total consideration in the amount of
$200,000.00 and which acquisition shall be made on the basis of a 5-year
land contract with a down payment of $40,000.00 at the time of closing
which sum is hereby authorized to be expended from the $9.8 Million Dollar
General Obligation Street Improvement Bond Issue and which land contract
shall contain the terms and conditions referred to in the aforesaid
communication; further, the Mayor and the City Clerk are hereby authorized
to execute in behalf of the City of Livonia the said land contract agree-
ment; and further, the Mayor, the City Clerk and the City Treasurer are
hereby requested 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: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman Milligan, and unanimously
adopted, it was
#966-69 RESOLVED, that the Bureau of Inspection, the City Engineer, and
the City Attorney are hereby requested to furnish a report and recommenda-
tion relative to the status of the construction of the out-fall storm
sewer for Borman Food Stores, Inc. site plan located in Section 1.
By Councilman Milligan, seconded by Councilman Ventura, it was
#969-69 RESOLVED, that having considered a communication from the City
Planning Commission dated August 8, 1969, submitting its resolution
#7-108-69, wherein it is recommended that the final plat of Richter and
Lipton Industrial Subdivision located in the Northwest 1/4 of Section 28
be approved, the preliminary plat of the said proposed Richter & Lipton
Industrial Subdivision having previously received the tentative approval
10784
of the City Planning Commission on November 12, 1968, in its resolution
#11-137-68 and approved by the City Council on February 26, 1969 in council
resolution #184-69, and the City Engineer in a report dated September 3,
1969, approved by the Director of Public Works and approved for submission
by the Mayor, having indicated that the conditions upon which the pre-
liminary plat was approved by the Council and the City Planning Commission
have been complied with, the Council does hereby determine to grant its
approval to the final plat of Richter & Lipton Industrial Subdivision
located in the Northwest 1/4 of Section 28, City of Livonia, Wayne County)
Michigan, as submitted by Richter and Lipton, as proprietors, the pro-
prietors thereof being required to do all things necessary to obtain full
compliance with the Plat Act of Michigan, as amended, the Plat Ordinance
of the City of Livonia, Ordinance No. 506, as amended, and the resolutions
of the City Council of the City of Livonia, Michigan.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman Ventura, it was
#970-69 RESOLVED, that having considered a communication from the City
Planning Commission dated August 8, 1969, submitting its resolution
#7-109-69, wherein it is recommended that the final plat of Burton & Share
Westside Industrial Subdivision located in the N. W. 1/14 of Section 28 be
approved, the preliminary plat of the said proposed Burton & Share Westside
Industrial Subdivision having previously received the tentative approval
of the City Planning Commission on March 4, 1969, in its resolution
#3-34-69 and approved by the City Council on April 30, 1969 in council
resolution #476-69, and the City Engineer in a report dated September 3,
1969, approved by the Director of Public Works and approved for submission
by the Mayor, having indicated that the conditions upon which the pre-
liminary plat was approved by the Council and the City Planning Commission
have been complied with, the Council does hereby determine to grant its
approval to the final plat of Burton & Share Westside Industrial Sub-
division located in the N. W. 1/4 of Section 28, City of Livonia, Wayne
County, Michigan, as submitted by Burton & Share, as proprietors, the pro-
prietors thereof being required to do all things necessary to obtain full
compliance with the Plat Act of Michigan, as amended, the Plat Ordinance
of the City of Livonia, Ordinance No. 500, as amended, and the resolutions
of the City Council of the City of Livonia, Michigan.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NA/S: None.
By Councilman Kleinert, seconded by Councilman Ventura, it was
,0765
#971-69 RESOLVED, that having considered a communication dated
September 3, 1969, from the City Engineer, approved by the Director of
Public Works and approved for submission by the Mayor, regarding the
establishment of improvement bonds for the University Park Apartments in
the N. E. 1/4 of Section 7, the site plan for which was approved by the
City Planning Commission on January 14, 1969, by its resolution #1-13-69,
and the development plans for which have been approved by the Engineering
Division, the Council does hereby approve the development of this site on
the following conditions:
(1) All of such improvements shall be installed in conformance
with plans hereinbefore submitted to and approved by the Engineer-
ing Division within a period of two (2) years from the date of this
resolution;
(2) That the installation of such improvements shall be super-
vised and inspected by the Department of Public Works and such
improvements shall not be considered as satisfactorily installed
until there is filed with the Council a certificate from the
Department of Public Works indicating satisfactory construction
or installation of such improvements;
(3) That the developer file with the City Clerk, on such forms
as may be approved by the City Attorney, the following bonds:
A General. Improvement Bond in the amount of $210,000.00, of which
at least $10,000.00 shall be in cash; and a Sidewalk Bond in the
amount of $3,830.00, of which at least $766.00 shall be in cash;
the detailed breakdown for which shall be as follows:
A. General Improvement Bond (all improvements with the exception
of sidewalks)
Water Mains
1. On-site (including extension to Margareta) $37,830.00
2. Off-site 24,000.00
Sanitary Sewers 29,620.00
Storm Sewers (including off-site ditch) 69,730.00
Paving
1. On-site Road 11,700.00
2. Off-site Road & Ditches 18,000.00
Sodding 100.00
Estimated Construction Costs 190,980.00
Construction Contingencies 19,020.00
TOTAL $210,000.00
B. Sidewalk Improvements
Sidewalks $3,480.00
Construction Contingencies 350.00
TOTAL $3,830.00
10786
C. Cash Payments to the City
Trees (public right-of-way $406.35
Street Signs 75.00
Traffic Control Signs 125.00
Plan review, field inspection &
Administration (5% before
contingencies) $9,723.00
Monuments (Escrow deposit to be
returned to the proprietor after
monuments are in place along
University Park Drive) $150.00
(4) That the proprietor submit to the City Engineer as-built
plans of all improvements installed in the apartment site on
cloth reproducible material.
(5) That the distribution lines for telephones and electric
service are to be placed underground and ornamental street lights
are to be provided throughout the site.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman McCann, and unanimously
adopted, it was
#972-69 RESOLVED, that the Council does hereby request the Department of
Law to submit an amendment to Section 6.12 of Ordinance No. 500, as
amended, (by Ordinance 626) so as to permit the use of interest accumulated
in the tree fund to replace trees in existing subdivisions when such
action is required.
By Councilman McCann, seconded by Councilman Nash, and unanimously adopted,
this 659th regular meeting of the Council of the City of Livonia, was duly adjourned
at 10:32 P. M., September 3, 1969.
W*.
ADDISON N. BACO erk