HomeMy WebLinkAboutCOUNCIL MINUTES 1969-04-30 10430
LMINUTES OF THE SIX HUNDRED FORTY-SEVENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On April 30, 1969, the above meeting was held at the City Hall, 33001 Five
Mile Road, Livonia, Michigan, and was called to order by the Vice-President of the
Council at approximately 8:20 P. M. . Councilman Nash delivered the invocation. Roll
was called with the following result: Present--Robert E. McCann, Peter A. Ventura,
Jerry Raymond, Robert F. Nash and*Rudolf R. Kleinert. Absent--Edward H. McNamara
and Edward G. Milligan.
Elected and appointed officials present. Addison W. Bacon, City Clerk;
Harry C. Tatigian, City Attorney; Robert A. Shaw, Director of Public Works; David L.
Jones, Water and Sewer Commissioner; William J. Strasser, City Engineer; John T.
Dufour, Superintendent of Parks and Recreation; Donald Nicholson, Director of Public
LSafety; Marie Talbot, Court Clerk; John Nagy, Assistant City Planner; Ed Siemert,
Assistant City Engineer; Dan Andrew, Industrial Coordinator; Victor C. Phillips,
Budget Director; Thomas J. Griffiths, Jr. , Chief Accountant; Charles Cook, Secretary-
Director, Housing Commission, Robert Bennett, Zoning Board of Appeals; William
LaPine, Zoning Board of Appeals, and John Stymelski, Traffic Commission.
By Councilman Nash, seconded by Councilman Ventura, and unanimously
adopted, it was
#453-69 RESOLVED, that the minutes of the 646th regular meeting of the
Council of the City of Livonia, held April 23, 1969, are hereby approved.
*Councilman Kleinert arrived at 8:24 P. M.
The veto message datedApril 30, 1969 was received from the Mayor, on
Council Resolution #418-69 adopted on April 23, 1969 relative to obtaining a court
ruling on the constitutionality of the proposed amendment to the Zoning Ordinance
submitted by Initiatory Petition relative to the location of multiple family develop-
I.,
, ment not to be within 1,000 feet of any residentially zoned property. No action was
taken by the Council, therefore the veto of the Mayor was sustained.
10431
The letter from the Mayor, dated April 30, 1969, relative to the Schostak
Development at Seven Mile Road and Farmington Road, was received and filed for the
information of the Council.
By Councilman Raymond, seconded by Councilman Ventura, it was
#454-69 RESOLVED, that the communication received April 30, 1969 relative
to the salary of the Executive Secretary, is hereby referred to the Study
Session immediately following this Regular Meeting.
A roll call vote was taken on the foregoing resolution with the following result•
AYES: Kleinert, Ventura, Raymond and McCann.
NAYS : Nash.
The Vice-President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Raymond, it was
#455-69 RESOLVED, that having considered a communication from the City
Engineer dated April 30, 1969, approved by the Director of Public Works
and approved for submission by the Mayor, with respect to the widening of
Merriman Road on the westerly side from Plymouth Road to the C & 0 Railroad
crossing (pursuant to an agreement entered into on March 13, 1969 between
the Board of Wayne County Road Commissioners of Wayne County, Michigan and
the City of Livonia), the Council takes this means to indicate to the
Wayne County Road Commission that it would concur in and approve of the
awarding of the contract for this project to the low bidder in the amount
of $77,023.00; further, the sum of $6,809.20 is hereby appropriated from
the $9,800,000.00 General Obligation Street and Road Bond Issue, 1969,
for this purpose, and further, the City Clerk and the City Treasurer are
hereby authorized to do all things necessary to fulfill the purpose of
this resolution.
By Councilman Ventura, seconded by Councilman Nash, it was
RESOLVED, that the foregoing resolution is hereby tabled until
such time as a conference can be arranged with Allied Supermarkets, Inc.
and the Wayne County Road Commission.
A roll call vote was taken on the tabling resolution with the following result
AYES: Nash and Ventura.
NAYS: Kleinert, Raymond and McCann.
The Vice-President declared the resolution denied.
10432
A roll call vote was taken on the original resolution with the following result•
AYES: Nash, Kleinert, Raymond and McCann.
NAYS: Ventura.
The President declared the resolution adopted.
The communication from the City Clerk, dated April 29, 1969, transmitting
a complete Financial Statement for the first quarter of the 1968-69 Fiscal Year,
was received and filed for the information of the Council.
The communication from the Director of the UAW Department of Recreation
and Leisure-Time Activities, with respect to the $100 Million Dollar Recreation Bond
Issue, was received and filed for the information of the Council.
The communication from the Livonia Housing Commission, dated April 8, 1969,
with respect to the "Progress and Status of Additional Public Housing for Senior
Citizens" was received and filed for the information of the Council.
The communication from the Traffic Commission dated April 4, 1969 with
respect to the proposed extension of Hathaway Avenue from Stark to Wayne Road,
CR#-303-69, was received and filed for the information of the Council.
The communication from the Traffic Commission dated April 4, 1969, relative
to a proposed Traffic Signal at Franklin High School, CR#301-69, as received and
filed for the information of the Council.
By Councilman Ventura, seconded by Councilman Kleinert, it was
#456-69 RESOLVED, that the Council takes this means to advise the Board
of Wayne County Road Commissioners that it reiterates the request made in
Council Resolution #2?5-69 for the installation of a traffic control signal
device at the intersection of Merriman Road and Lyndon Avenue in the City
of Livonia; further, the Council takes this means to indicate that it has
initiated action for the improvement of the northerly half of Lyndon
Avenue east of Merriman Road.
A roll cal]. vote was taken on the foregoing resolution with the following result:
AYES: Nash, Kleinert, Ventura, Raymond and McCann.
NAYS: None.
10433
The communication from the Traffic Commission, dated April 4, 1969,
relative to the traffic in Woodcreek Farms Subdivision, submitted pursuant to
Council Resolution #974-67, was received and filed for the information of the Council.
The communication from the Traffic Commission dated April 4, 1969, submit-
ted pursuant to Council Resolution #892-67, was received and filed for the informa-
tion of the Council.
By Councilman Ventura, seconded by Councilman Raymond, it was
#457-69 RESOLVED, that having considered the communication from the
Traffic Commission dated April 4, 1969 with respect to a request for a
reduction in the speed limit on Merriman Road, the Council does hereby
request that the Traffic Commission meet with the Committee of the Whole
at such time as the President of the Council sets up such a meeting.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Ventura, Raymond and McCann.
NAYS: Nash and Kleinert.
The Vice-President declared the resolution adopted.
By Councilman Nash, seconded by Councilman Raymond, and unanimously adopt-
ed, it was
#458-69 RESOLVED, that the document titled "Land Use Inventory, City of
Livonia" transmitted by the Planning Director under date of March 27,
1969, is hereby referred to a Committee of the Whole meeting, such meeting
to include the Planning Commission, at a time set by the President of the
Council, so as to give the Planning Director and Planning Commission an
opportunity to interpret this document and give them the opportunity to
express their views concerning the same.
By Councilman Nash, seconded by Councilman Raymond, and unanimously
adopted, it was
#459-69 RESOLVED, that the communication from the Planning Commission,
dated April 16, 1969, relative to the property at the southeast corner
of Wayne Road and Ann Arbor Trail, transmitted in response to Council
Resolution No. 87-69, is hereby referred to a Committee of the Whole
meeting with the Planning Commission, such meeting to be set by the
President of the Council.
By Councilman Nash, seconded by Councilman Raymond, and unanimously
adopted, it was
10434
#46O-69 RESOLVED, that the communication from the Planning Commission,
dated April 16, 1969, relative to the development of the Monaco property,
transmitted in response to Council Resolution No. 1317-68, is hereby
referred to a Committee of the Whole meeting with the Planning Commission,
such meeting to be set up by the President of the Council.
By Councilman Ventura, seconded by Councilman Nash, it was
#461-69 RESOLVED, that having considered the report and recommendation
of the Director of Public Safety, dated April 7, 1969, approved for
submission by the Mayor and the Budget Director, the Council does hereby
accept the bid of Motorola Communications and Electronics, Incorporated,
16180 Wyoming Avenue, Detroit, Michigan, for supplying the City with one
Portable Transmitter (for use by the Intelligence Bureau) for the price
of $393.50, the same having been in fact the lowest and only bid received
for this item; further, the Council does hereby authorize the expenditure
of the sum of $393.50 for the purchase of the subject Portable Transmitter,
there being sufficient monies in the Capital Outlay Account for this
purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Kleinert, Ventura, Raymond and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Kleinert, it was
#462-69 RESOLVED, that having considered the report and recommendation
of the Superintendent of Operations, the Director of Public Works and the
Budget Director, dated April 18, 1969, approved for submission by the
Mayor, the Council does hereby accept the bid of Ace Hardware, 33567 w.
Seven Mile Road, Livonia, Michigan, for supplying tools and supplies for
the Operations Division for a period of one year (from effective date
of resolution) for the following items, at the indicated group discount
rates•
PERCENTAGE BELOW
PRODUCT RETAIL PRICE
Screwdrivers 35%
Steel and Wood Tapes 35%
Wheelbarrows 35%
Adjustable Wrenches 48%
Stillson Pipe Wrenches 35%
Axes 35%
Ball Peen Hammers 25%
Wrecking Bars & Sledges 45% & 35%
Sledge Hammer Handles 40%
Manure Hooks, Rakes, Shovels, 45% (if order totals
Sod Lifter min. of 400#)
35% (less than 4004)
Grass Whips 35%
the same having been in fact the lowest and only bid received with respect
to this item.
10435
LA roll call vote was taken on the foregoing resolution with the following result.
AYES: Nash, Kleinert, Ventura, Raymond and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Kleinert, it was
#463-69 RESOLVED, that having considered the report and recommendation
of the Superintendent of Operations, the Director of Public Works and
the Budget Director, dated April 18, 1969, approved for submission by
the Mayor, the Council does hereby accept the bid of Wm. F. Sell & Son,
Inc. , 16555 Telegraph Road, Taylor, Michigan, 48180, for supplying the
Parks Section of the Operations Division with one new Ford, Model 21123-C,
Low Center of Gravity Tractor, at a net price of $2,916.65, less $636.65
trade-in of a 1953 Ford Tractor, Model 640, DPW Veh. #263, for a total
price of $2,280.00, 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: Nash, Kleinert, Ventura, Raymond and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Kleinert, it was
#464-69 RESOLVED, that having considered the report and recommendation
of the Superintendent of Operations, the Director of Public Works and
the Budget Director, dated April 15, 1969, approved for submission by
the Mayor, the Council does hereby accept the following bids for supplying
the Operations Division with Liquid Calcium Chloride for the period from
June 1, 1969 through May 31, 1970:
1. The bid of Michigan Chemical Corporation, 500 N. Bankson
Street, Saint Louis, Michigan 4888o, for 38% solution
spread on City streets by the supplier's vehicle, at .0680
per gallon.
2. The bid of Wyandotte Chemicals Corporation, 1609 Biddle
Avenue, Wyandotte, Michigan 48192, for 38% solution delivered
to our storage tank, at .054220 per gallon.
the same having been in fact the lowest bids received with respect to
these items.
A roll call vote was taken on the foregoing resolution with the following result•
AYES: Nash, Kleinert, Ventura, Raymond and McCann.
NAYS : None.
10436
By Councilman Nash, seconded by Councilman Kleinert, it was
#4(5-69 RESOLVED, that having considered the report and recommendation
of the Superintendent of Operations, the Director of Public Works and the
Budget Director, dated April 15, 1969, approved for submission by the
Mayor, the Council does hereby accept the following bids with respect to
the purchase of Concrete Pipe:
1. The bid of Price Brothers Company, 2001 E. Ten Mile Road,
Warren, Michigan 48089, for 600 lineal feet of 6" dia.
Perforated Vitrified Clay Pipe in 3 ft. lengths at 56¢ per
foot for a total oost of $336.00.
2. The bid of Superior Products Company, 21819 W. Nine Mile
Road, Detroit, Michigan 48219, for 800 lineal feet of 12"
dia. C-76 Concrete Pipe, Seconds, in 6 ft. lengths, T & G at
73¢ per foot for a total cost of $584.00.
the same having been in fact the lowest bids received with respect to
these items.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Nash, Kleinert, Ventura, Raymond and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Kleinert, it was
#4E6.69 RESOLVED, that having considered the report and recommendation
of the Superintendent of Operations, the Director of Public Works and
the Budget Director, dated April 15, 1969, approved for submission by
the Mayor, the Council does hereby accept the bid of Conco, Inc., 1115 N.
Main Street, Racine, Wisconsin 53402, for cleaning and resealing joint
and cracks on approximately 21,900 lineal feet of certain designated
streets in the City of Livonia for the Unit Price of .2080 per lineal
foot and for approximately 5,500 pounds of Joint Sealing Compound at the
Unit Price of .1050 per pound, 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: Nash, Kleinert, Ventura, Raymond and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Kleinert, it was
#467-69 WHEREAS, property described as:
That part of the S. E. 1/4 of Section 14, T. 1 S. ,
R. 9 E. City of Livonia, Wayne County, Michigan,
described as the W. 360.0 feet of the N. 1/2 of the
S. 1/2 of the N. E. 1/4 of the S. E. 1/4 of Section 14.
(Taxation Parcel 14V1)
is included in the Master Plan for Parks for the City of Livonia; and
10437
WHEREAS, the United States of America has entered into Contract
OSA-58 which provides for financial assistance to the City of Livonia
in acquiring the above described real property for park purposes, and
WHEREAS, it is hereby determined, upon consideration of two com-
petent independent appraisals that the fair market value of this real
property is $15,000.00,
NOW, THEREFORE, BE IT RESOLVED, THAT:
1. the City Council of the City of Livonia hereby authorizes
the Department of Law to acquire the aforesaid property at
a price of $15,000.00; and
2. the City Council does hereby authorize the expenditure of
the sum of $240.66 for the proration of the 1968 City,
County, and School taxes applicable to this property, to
be prorated as of April 1, 1969; further, the cost of the
Title Insurance Policy in the amount of $105 shall be
deducted from the purchase price for the payment of same to
Lawyers Title Insurance Corp., and
3. the City Council does hereby authorize the advance of the
aforesaid sums from the $4,400,000 Parks and Recreational
General Obligation Bond Issue with the provision that any
federal assistance obtained from the Department of Housing
L. and Urban Development shall be reimbursed to the Parks and
Recreational General Obligation Bond Issue, and
4. the City Clerk and the 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: Nash, Kleinert, Ventura, Raymond and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Raymond, it was
RESOLVED, that Item 19 and Item 20 on the agenda relative to
the purchase of Park Site 0-69 in Section 14 and Park Site J-39 in Section
10 be referred to the next study session; further, henceforth, it will
be the policy of this Council that all action on the purchase of Park
lands shall be placed on a study session before they are placed on a
Regular Meeting agenda.
Councilman Raymond requested a Division of the Question:
By Councilman Nash, seconded by Councilman Ventura, it was
RESOLVED, that the Council does hereby determine to table action
referring Items 19 and 20 until such time as a full Council is present.
10438
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond and Ventura.
NAYS: Nash, Kleinert and McCann.
The Vice-President declared the resolution to table, denied.
A roll call vote was taken on the second part of the question, as follows
#463-69 RESOLVED, that henceforth it will be the policy of this Council
that all action on the purchase of Park lands shall be placed on a Study
Session before they are placed on a Regular Meeting agenda.
with the follwoing result:
AYES: Ventura, Raymond and McCann.
NAYS: Nash and Kleinert.
The Vice-President declared the resolution adopted.
A roll call vote was taken on the first part of the question, as follows
0469-69 RESOLVED, that Item 19 and Item 20 on the agenda relative to the
purchase of Park Site 0-69 in Section 14 and Park Site J-39 in Section 10
be referred to the next study session.
with the following result:
AYES : Nash, Ventura and Raymond
NAYS: Kleinert and McCann.
The Vice-President declared the resolution adopted, but the motion was subsequently
reconsidered immediately, and rescinded.
*Councilman Ventura was excused at 9.20 P. M.
By Councilman Nash, seconded by Councilman Kleinert, it was
#470-69 RESOLVED, that the Council does hereby determine to reconsider
the action taken in Council Resolution #469-69, with respect to Item 19
and Item 20 on the agenda.
A roll call vote was taken on the motion to reconsider with the following result .
AYES : Nash, Kleinert and McCann.
NAYS: Raymond.
The Vice-President declared the motion to reconsider, adopted.
10+39
A roll call vote was again taken on the following
RESOLVED, that Item 19 and Item 20 on the agenda relative to the
purchase of Park Site 0-69 in Section 14 and Park Site J-39 in Section
10 be referred to the next study session.
with the following result:
AYES: Raymond.
NAYS: Nash, Kleinert and McCann.
The Vice-President declared the resolution denied, and CR#469-69 rescinded.
By Councilman Kleinert, seconded by Councilman Raymond, it was
#471-69 WHEREAS, property described as:
That part of the S. E. 1/4 of Section 14, T. 1 S.,
R. 9 E., City of Livonia, Wayne County, Michigan,
described as the W. 360.0 feet of the S. 1/2 of the
S. 1/2 of the N. E. 1/4 of the S. E. 1/4 of Section 14.
is included in the Master Plan for Parks for the City of Livonia, and
WHEREAS, the United States of America has entered into Contract
OSA-58 which provides for financial assistance to the City of Livonia
in acquiring the above described real property for park purposes; and
WHEREAS, it is hereby determined, upon consideration of two com-
petent independent appraisals that the fair market value of this real
property is $8,900.00,
NOW, THEREFORE, BE IT RESOLVED, THAT:
1. the City Council of the City of Livonia hereby authorizes
the Department of Law to acquire the aforesaid property at
a price of $8,900.00; and
2. the City Council does hereby authorize the expenditure of
the sum of $139.36 for the proration of the 1968 City,
County and School taxes applicable to this property,
prorated as of April 1, 1969, and does further authorize the
expenditure of the sum of $80.00 to cover the cost of the
title insurance policy on the subject property; and
3. the City Council does hereby authorize the advance of the
aforesaid sums from the $4,400,000.00 Parks and Recreational
General Obligation Bond Issue with the provision that any
federal assistance obtained from the Department of Housing
and Urban Development shall be reimbursed to the Parks and
Recreational General Obligation Bond Issue; and
10440
4. the City Clerk and the 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: Nash, Kleinert, Raymond and McCann.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Nash, it was
#472-69 WHEREAS, property described as :
That part of the West 1/2 of the Northeast 1/4 of
Section 10 described as beginning at a point on the
north line of said section distant east, 243.90 feet
from the North 1/4 corner of Section 10 and proceeding
thence south, 1,771.0 feet; thence east, 430.40 feet;
thence north, 1,771.0 feet to the north line of Section 10,
thence west along said line, 430.40 feet to the point of
beginning except the north 533 feet of the west 134.9 feet
thereof (15.85 acres plus or minus).
is included in the Master Plan for Parks for the City of Livonia; and
WHEREAS, the United States of America has entered into Contract
OSA-58 which provides for financial assistance to the City of Livonia
in acquiring the above described real property for park purposes; and
WHEREAS, it is hereby determined, upon consideration of two
competent independent appraisals that the fair market value of this real
property is $47,000.00,
NOW, THEREFORE, BE IT RESOLVED, THAT:
1. the City Council of the City of Livonia hereby authorizes
the Department of Law to acquire the aforesaid property at
a price of $47,000.00; and
2. the City Council does hereby authorize the expenditure of
the sum of $892.12 for the proration of the 1968 City,
County and School taxes applicable to this property,
prorated as of April 1, 1969, and does further authorize
the expenditure of the sum of $265 to cover the cost of the
title insurance policy on the subject property; and
3. the City Council does hereby authorize the advance of the
aforesaid sums from the $4,400,000.00 Parks and Recreational
General Obligation Bond Issue with the provision that any
federal assistance obtained from the Department of Housing
and Urban Development shall be reimbursed to the Parks and
Recreational General Obligation Bond Issue; and
10441
4. the City Clerk and the 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: Nash, Kleinert, Raymond and McCann.
NAYS: None.
*Councilman Ventura returned at 9:24 P. M.
Councilman Kleinert introduced the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 5
AND 8 OF ORDINANCE NO. 396, AS
AMENDED, KNOWN AND CITED AS THE
"WATER RATE ORDINANCE" OF THE CITY
OF LIVONIA.
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 Nash introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 11.03
OF ARTICLE XI OF ORDINANCE NO. 543,
AS AMENDED, KNOWN AND CITED AS THE
"CITY OF LIVONIA ZONING ORDINANCE".
(DISTANCE BETWEEN CLASS C FACILITIES)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinance 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 Nash, and unanimously
adopted, it was
#473-69 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, May 28, 1969 at
7:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia,
Michigan, with respect to the following item:
10442
Petition No. 68-12-I-44 submitted by Chris Scourtes
for Northwest Starlit Television Service Center, Inc. ,
for a change of zoning of property located on the east
side of Middlebelt north of Joy Road, in the S. W. 1/4 of
Section 36, from RUF to C-1, the City Planning Commission
having in its resolution #3-37-69 recommended to the City
Council that Petition 68-12-1-44 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 and location of the proposed
change 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 to each railroad company
owning or operating any public utility or railroad 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.
At 9:27 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.
By Councilman Nash, seconded by Councilman Raymond, and unanimously
adopted, it was
#474-69 RESOLVED, that having considered the report and recommendation
dated February 10, 1969 from the City Planning Commission, which sets
forth its resolution #1-10-69 in regard to Petition 68-9-1-38 submitted
by Alexander Spiro, for a change of zoning ottproperty located on the
northeast corner of Morlock and Middlebelt Road in the Northwest 1/4
of Section 1, from C-1 to P.S.; and the Council having conducted a public
hearing with regard to this matter on April 16, 1969 pursuant to resolu-
tion #265-69, the Council does hereby refer this matter to the Legislative
Committee for its report and recommendation.
At the verbal request of Mr. L. S. Burton, President of Burton-Share, Inc.
the item on the agenda relative to an appeal from a Waiver Use Denial, was removed.
By Councilman Nash, seconded by Councilman Ventura, and unanimously
adopted, it was
#475-69 RESOLVED, that having considered a communication from the City
Planning Commission dated April 23, 1969, which transmits its resolution
#4-56-69 adopted by the Commis/ion on April 1, 1969 with regard to
Petition #69-3-8-1 requesting site plan approval for a K-Mart development
10443
proposed to be located immediately adjacent to Wonderland Shopping
Center in Section 35, the Council does hereby request that the President
of the Council arrange a meeting of the Committee of the Whole, the
Planning Commission and the Petitioner, such meeting to be set after
May 8, 1969.
By Councilman Ventura, seconded by Councilman Kleinert, it was
#476-69 RESOLVED that, Burton-Share, Inc., 26711 Woodward, Huntington
Woods, Michigan 48070, as proprietors, having requested the City Council
to approve the proposed preliminary plat of the following subdivision:
Burton-Share Westside Industrial Subdivision located in the N. W. 1/4 of
Section 28, City of Livonia, the said proposed preliminary plat being
dated January 30, 1969; 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 March 4, 1969; 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
Department of Public Works as is set forth in the report of that depart-
ment dated April 15, 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
constructed, 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 within a period of two (2) years from the
effective 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:
Et) Trees (not recommended)
b) Traffic Control Signs $120.00
c) Street Name Signs 75.00
d) Plan review, field inspection and administration
(5% before contingencies) 5,634.99
e) Survey monuments and lot corner markers
(Cash Escrow) 685.00
10444
(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
subdivision 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 resolution, 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.
(8) That, for the purpose of obtaining approval of final plats
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 Depart-
ment of Law, guaranteeing the satisfactory installation of all such
improvements, utilities and grading by the proprietor within the prescrib-
ed period; that in the event the proprietor elects to deposit such
financial assurances, the same shall be in the following amounts.
General Improvement Bond - $124,000.00, of which at least
10,000.00 shall be in cash.
Sidewalk Bond - Not required.
(9) That the requirement set forth in Section 6.15 of Ordinance
No. 500 relative to placing utility lines underground is hereby waived
since the same does not appear to be necessary or otherwise in the
interest of the City.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Ventura and Raymond.
NAYS: Nash and McCann.
The Vice-President declared the resolution adopted.
By Councilman Nash, seconded by Councilman Ventura, and unanimously
adopted, it was
#477-69 RESOLVED, that having considered a communication dated April $0,
1969, which submits petitions from residents living in the vicinity of
Rayburn and Roycroft east of Middlebelt Road, with respect to property
which is located east of Middlebelt on Roycroft in Section 13, the
Council does hereby refer this matter to the Bureau of Inspection,
Planning Commission and the City Attorney, and requests them to submit
their report and recommendation in this regard.
10445
By Councilman Ventura, seconded by Councilman Nash, it was
#478-69 RESOLVED, that having considered a letter from the Michigan
Liquor Control Commission, dated February 17, 1969, and the report and
recommendation dated April 8, 1969 from the Director of Public Safety in
connection therewith, the Council does hereby approve of the request from
Leonard Pawlus and Paul P. Platauna aka Paul P. Platonas for transfer of
ownership of a 1968 SDM Licensed Business from John M. Whalen, located
at 28760 Plymouth Road, Livonia, Michigan ("Coldspot"); 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: Nash, Kleinert, Ventura, Raymond and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Nash, it was
#479-69 RESOLVED, that having considered a communication from the Parks
& Recreation Commission, dated April 17, 1969, approved by the Budget
Director and approved for submission by the Mayor, with respect to special
green fees to be established at the Whispering Willows Golf Course for
local high school teams, the Council does hereby determine to approve
the following Fee Schedule:
a) Members of local high school teams may pay a fee at
50¢ per boy or girl for all practice sessions; and
b) All team matches shall be allowed free of charge.
further, the Council does hereby request that the Superintendent of Parks
& Recreation, the City Clerk and City Treasurer do all things necessary
to implement the purpose of this resolution.
A roll call vote was taken on the foregoing resolution with the following result•
AYES : Nash, Kleinert, Ventura, Raymond and McCann.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Raymond, it was
#480-69 RESOLVED, that having considered a communication from the Parks
& Recreation Commission, dated April 17, 1969, approved by the Budget
Director and approved for submission by the Mayor, the Council does hereby
concur in such recommendation and approve of the use of the Ford Recrea-
tion Center for an antique show on August 15, 16 & 17 at a rental fee of
$300.00 per day; further, the Council does hereby request that the
Superintendent of Parks and Recreation, the City Clerk and the City
Treasurer do all things necessary to implement the purpose of this
resolution.
1o446
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Kleinert, Ventura, Raymond and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Kleinert, it was
#481-69 RESOLVED, that having considered a communication from the Parks
& Recreation Commission, dated April 8, 1969, approved by the Budget
Director and approved for submission by the Mayor, with respect to the
expansion of the Parks & Recreation Junior Baseball Program by the
addition of thirty teams (18 boys each) of youngsters 8 thru 12 years of
age, the Council does hereby authorize the transfer of $3000.00 from the
Reserve for Contingencies Account to Account #309-57 for the purpose of
purchasing baseballs, bats and the cost of additional umpires to
implement the purpose of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Kleinert, Ventura, Raymond and McCann.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Nash, and unanimously
adopted, it was
#482-69 RESOLVED, that having considered a letter from C. Russell
Wagstaff, 14645 Garden Road, Livonia, Michigan, dated April 22, 1969
regarding a storm sewer problem on the S. W. corner of Barkley and Garden
Road, the Council does hereby refer the same to the Engineering Division
for its report and recommendation.
*Councilman Raymond was excused at 10:30 P. M.
By Councilman Kleinert, seconded by Councilman Nash, and unanimously
adopted, it was
4483-69 RESOLVED, that having considered a communication received by the
City Clerk on April 14, 1969 from certain residents on Purlingbrook north
of Six Mile Road, wherein a request is made for the installation of
sanitary sewers in this area, the Council does hereby refer the same to
the Engineering Division for its report and recommendation.
By Councilman Kleinert, seconded by Councilman Nash, it was
#484-69 RESOLVED, that the Council does hereby refer to the City Planning
Commission for action and recommendation according to Law and Ordinance
No. 29, as amended, Petition No. 69-4-3-2 submitted by Thomas A. Morgan,
11094 Hillcrest, Livonia, Michigan, dated March 14, 1969, requesting the
vacation of a 10 foot easement along the northerly portion of the subject
property in the N. W. 1/4 of Section 35, City of Livonia, Wayne County,
joIichigan.
10447
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Nash, Kleinert, Ventura and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Kleinert, and unanimously
adopted, it was
#485-69 RESOLVED, that having considered a letter from Mr. Steve A.
Somodi, 35872 Joy Road, Livonia, Michigan, dated April 18, 1969, wherein
a request is made with respect to the possible construction of a fence
in the front yard of his property, the Council does hereby refer this
matter to the Bureau of Inspection for its report and recommendation.
*Councilman Raymond returned at 10:37 P. M.
By Councilman Nash, seconded by Councilman Kleinert, it was
#486-69 RESOLVED, that the Council does hereby determine to rescind
the action taken in Council Resolution #1179-68 adopted at the Regular
Meeting of October 16, 1968; and further, the Council does hereby
request that the Engineering Division do all things necessary to require
the developer of the Merriman Park Apartments, located south of Eight
Mile Road and on the east side of Merriman Road, to provide a paved lane
on the west side of Merriman Road where the same is located opposite
this development.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Nash, Kleinert, Ventura, Raymond and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Raymond, it was
#487-69 WHEREAS, pursuant to the direction of the City Council in its
resolution #1299-68 adopted on November 20, 1968, 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 April 15, 1969 an assessment roll dated April 15, 1969 covering
the installation of sidewalks along both sides of Farmington Road from
Schoolcraft Road to Five Mile Road in the City of Livonia, containing
the special assessments to be assessed and levied, respectively, in the
proposed special assessment district heretofore established for the
construction and operation of the proposed improvement in said district
as designated in the said resolution #1299-68,
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted
by the City Council; 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 notice required by the provisions of Section
3-08 of CA•dinanee Nn, 4411 , as amended, of the City, to wit: that they
10448
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 7.00
P. M. on Wednesday, May 28, 1969, 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
official newspaper of the City of Livonia which is published and circulat-
ed generally in and throughout the said City, at least ten (10) days
prior to the aforesaid date of May 28, 1969; the City Clerk is also
directed to give notice of said hearing by sending written notice thereof
by first class 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.
A roll call vote was taken on the foregoing resolution with the following result•
AYES: Nash, Kleinert, Ventura, Raymond and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Kleinert, it was
#488-69 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated March 5, 1969 on all matters required by Section
3.03 of Ordinance No. 401, as amended, and a first public hearing having
been held thereon on April 9, 1969, after due notice as required by
Section 3.04 of said ordinance, and after careful consideration having
been given to all such matters, the Council does hereby, pursuant to
Section 3.05 of said ordinance:
(1) accept and approve said statement in all respects;
(2) determine to make the improvement consisting of the
installation of paving and drainage on Stark Road from
Plymouth to Schoolcraft in Section 28, City of Livonia,
Wayne County, Michigan, as described in said statement;
and to defray the cost of such improvement by special
assessment upon the property especially benefited in propor-
tion to the benefits derived or to be derived;
(3) approve the plans and specifications for said improvement
as set forth in said statement dated March 5, 1969,
(4) determine that the estimated cost of such improvement is
$530,000.00,
(5) determine that the cost of said improvement shall be paid
for in part by special assessments on the property benefited
thereby and in part by the City at large, in proportions
hereafter established;
10449
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall be
$380,406.25, and that the balance of said cost and expense
of said public improvement amounting to $149,593.75 shall
be borne and paid by special assessments on all lands and
premises in the special assessment district as herein
established in proportion to the benefits to be derived
therefrom;
(7) determine that assessments made for such improvement may be
paid in ten (10) annual installments together with interest
thereon in the amount of six per cent (6%) per annum on
the unpaid balance;
(8) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows:
A special assessment district located in that
part of Section 28, T. 1 S., R. 9 E., City of
Livonia, Wayne County, Michigan, being more
particularly described as follows:
Beginning at the south 1/4 corner of said
section and proceeding thence westerly along
the south line of said section to the centerline
of Priscilla Lane as extended southerly; thence
northerly along said centerline to the centerline
of Boston Post Road; thence westerly on an arc
along the centerline of Boston Post Road to an
extension of the west property line of Lot 67,
Alden Village Subdivision, Liber 66, Page 78,
Wayne County Records, thence northerly along
the west property line of said Lot 67 and extension
thereof to the northwest corner of said Lot 67;
thence easterly along the north line of said Lot 67
to the Southwest corner of Lot 70, Alden Village
Subdivision, thence northerly along the rear lot
lines of Lots 70 thru 77, 99 thru 102 and 110
thru 112, Alden Village Subdivision to the north
line of said subdivision; thence westerly along
said north line to the southwest corner of Wayne
County Bureau of Taxation Parcel 28M; thence
northerly along the west line of said Parcel 28M
and the extension thereof to the north line of the
Chesapeake and Ohio Railroad, (99 feet wide),
thence westerly along said north line to the south-
west corner of Lot 800, Supervisor's Livonia
Plat no. 14; Liber 70, Page 69 Wayne County
Records, thence northerly along the west lines of
Lots 800 thru 804 and Lots 807 and 808 of said plat
to the north line of Lot 808 of said Plat, thence
easterly along the north line of said Lot 808 to the
10450
southwest corner of Lot 809, Supervisor's Livonia
Plat No. 14, thence northerly along the west lines
of Lots 809 and 822 of said Plat to the south line of
Lot 821 as extended westerly, thence easterly along
the south lines of Lots 821 and 820 to the southwest
corner of Lot 818, Supervisor's Livonia Plat No. 14;
thence northerly along the west line of said Lot 818
and the extension thereof to the north line of
Section 28, T. 1 S. , R. 9 E.; thence easterly
along the north line of said Section 28 to the ex-
tension of the west line of Lot 7, Newman Schoolcraft
Farms Subdivision, Liber 69, Page 90, Wayne
County Records; thence southerly along the west
line of said Lot 7 to the southwest corner of said
Lot 7; thence easterly along the north lot line at
Lot 12, Newman Schoolcraft Farms Subdivision,
to the northeast corner of said Lot 12; thence
southerly along the east lines of Lots 12 thru
28 of Newman Schoolcraft Farms Subdivision, to
the southeast corner of Lot 28 of said subdivision,
thence westerly along the south line of said Lot 28
to the northerly extension of the west line of the Wayne
County Bureau of Taxation Parcel 28EE1a2; thence
southerly along the west line of Wayne County Bureau
of Taxation Parcels 28EE1a2 and 28DDla and the
extension thereof to the northeast corner of Newman
Wadsworth Farms Subdivision, Liber 71, Page 56,
Wayne County Records; thence westerly along the
north line of said subdivision to the northwest corner
of Lot 1 of said subdivision; thence southerly along
the west line of Lots 1 and 18 of said subdivision
to the southeast corner of Lot 125, Alden Village
Subdivision, Liber 66, Page 78, Wayne County
Records; thence westerly along the south line of
said Lot 125 to the northeast corner of Lot 20,
Walter Dann Subdivision, Liber 76, Page 79,
Wayne County Records; thence southerly along the
east line of said subdivision and the extension of
said east line to the south line of Section 28, T. 1 S.,
R. 9 E. , thence westerly along said south line to the
point of beginning.
(9) that the City Assessor is hereby directed to prepare a
special assessment roll including all lots and parcels
of land within the above district designated by the Council
and to assess to each such lot or parcel of land such
relative portions of the whole sum to be levied against all
lands in the special assessment district as the special
benefits to such lots or parcels of land bear to the total
benefit of all land and also to enter upon such roll the
amount which has been assessed to the City at large, all in
accordance with the determination of the City Council, and
10451
(10) that upon the completion of said roll the City Assessor
shall attach thereto the certificate required by the
provisions of Section 3.07 of Ordinance No. 401, as
amended, of the City of Livonia and file the same with the
City Clerk who thereupon is directed to present the same
to the City Council prior to the holding of the second
public hearing thereon required by Section 3.08 of the said
ordinance.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Nash, Kleinert, Ventura, Raymond and McCann.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Nash, and unanimously
adopted, it was
#489-69 RESOLVED, that the Council does hereby suspend their rules for
procedure as outlined in council resolution #337-56, so as to permit
consideration of several items that do not appear on the agenda.
By Councilman Kleinert, seconded by Councilman Nash, and unanimously
adopted, it was
#490-69 RESOLVED, that having considered the request dated April 28,
1969 from Thomas D. Heap, 14373 Blackburn Avenue, Livonia, Michigan,
submitted in behalf of the residents of Kimberly Oak 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 May 30,
1969, subject to the approval of the Director of Public Safety.
On motion of Councilman Nash, seconded by Councilman Ventura, and
unanimously adopted, this 647th regular meeting of the Council of the City of Livonia
was duly adjourned at 10.55 P. M., April 30, 1969.
•
ADDISON W. BACON, it ♦Cl- k.