HomeMy WebLinkAboutCOUNCIL MINUTES 1966-05-04 Page 7878
MINUTES OF THE FIVE HUNDRED THIRTY-SEVENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On May 4, 1966, the above meeting was held at the City Hall, 33001 Five
Mile Road, Livonia, Michigan, and was called to order by the President of the Council
at approximately 8:06 P. M. Councilman Nash delivered the invocation. Roll was
called with the following result: Present--Peter A. Ventura, Rudolf R. Kleinert,
Edward H. McNamara, James R. McCann, Robert F. Nash, and Jack Salvadore. Absent--
Edward G. Milligan.
Elected and appointed officials present: Addison W. Bacon, City Clerk;
Steve Polgar, City Attorney; Harry C. Tatigian, first Assistant City Attorney;
Robert A. Shaw, Director of Public Works; Don Hull, City Planner; Henry G. Sieferd,
City Assessor; David L Jones, Water & Sewer Commissioner; William J. Strasser, City
Engineer; Victor C. Phillips, Budget Director; Joseph C. Keane, Constable; Dan Andrew,
Industrial Co-ordinator; Thomas J. Griffiths, Jr., Chief Accountant; James N. Jordan,
Police Chief; Carl Demek, Superintendent of Operations Division; Richard Jones,
Assistant Superintendent, Operations Division; Wilbert A. Cooper, Director of Civil
Defense; John T. Dufour, Superintendent, Parks & Recreation; and Sauro Petrucci of
the Traffic Commission.
By Councilman Salvadore, seconded by Councilman Nash, and unanimously
adopted, it was
#418-66 RESOLVED, that the minutes of the 536th regular meeting of the
Council of the City of Livonia, held April 27, 1966, are hereby approved,
as corrected.
The President of the Council announced that, as requested by Councilman
Milligan, Item 17 on the agenda, relative to stop signs at the intersection of Card-
well and Lyndon, and Item 27, relative to an amendment to the Traffic Ordinance, were
removed from the agenda and would be considered at the regular meeting of the Council
to be held May 18, 1966.
By Councilman Kleinert, seconded by Councilman McNamara, it was
Page 7879
#419-66 WHEREAS, the qualified electors of the City of Livonia, County
of Wayne, Michigan, pursuant to the authorization provided by law and the
City Charter, at the regular City election duly called and held in said
City on Monday, April 4, 1966, did by more than a majority of those voting
approve the following proposition:
Shall the City of Livonia, County of Wayne,
Michigan, borrow the sum of not exceeding Four
Million Four Hundred Thousand ($4,400,000.00)
Dollars, and issue its general obligation bonds
therefor for the purpose of acquiring lands for
public park open spaces and recreational purposes,
and improving, developing and providing necessary
facilities for recreational use of said lands? ; and
WHEREAS, the City Council deems it necessary and advisable to
issue at this time the bonds authorized by the electors in the aggregate
principal amount of Four Million Four Hundred Thousand ($4,400,000.00)
Dollars;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Bonds of the City of Livonia, County of Wayne,
Michigan, designated GENERAL OBLIGATION PARK AND RECREATIONAL FACILITIES
BONDS, be issued in the aggregate principal sum of Four Million Four Hun-
dred Thousand ($4,400,000.00) Dollars, for the purpose of acquiring lands
for public park open spaces and recreational purposes, and improving,
developing and providing necessary facilities for recreational use of said
lands, being the bonds approved for such purposes by the qualified electors
of the City on April 4, 1966; said issue to consist of eight hundred eighty
(880) bonds of the denomination of $5,000.00 each, dated as of July 1, 1966,
numbered in direct order of maturity from 1 to 880, inclusive, and maturing
serially as follows:
$ 25,000.00 May 1, 1967;
$ 75,000.00 May 1st of each year from 1968 to 1974, inclusive;
$100,000.00 May 1st of each year from 1975 to 1978, inclusive;
$125,000.00 May 1st of each year from 1979 to 1982, inclusive;
$150,000.00 May 1st of each of the years 1983, 1984, and 1985;
$175,000.00 May 1st of each of the years 1986 and 1987;
$200,000.00 May 1st of each of the years 1988 and 1989;
$225,000.00 May 1st of each of the years 1990 and 1991;
$250,000.00 May 1st of each of the years 1992, 1993 and 1994;
$275,000.00 May 1st of each of the years 1995 and 1996.
Said bonds shall be coupon bonds and shall bear interest at a rate or rates
to be determined on public sale thereof, but in any event not exceeding
five per cent (5%) per annum, payable on May 1, 1967, and semi-annually
thereafter on November 1st and May 1st of each year, both principal and
interest to be payable at a bank or trust company qualified to act as such
by law, to be designated by the original purchaser of the bonds, who may
also designate a co-paying agent or agents having like qualifications.
Bonds maturing in the years 1967 to 1981, inclusive, shall not
be subject to redemption prior to maturity.
Bonds maturing in the years 1982 to 1996, inclusive, shall be
subject to redemption at the option of the City, in inverse numerical
Page 7880
order, on any interest payment date on or after May 1, 1981, at par and
accrued interest to the date fixed for redemption, plus premiums (ex-
pressed in a percentage of par) in accordance with the following schedule:
3 % on each bond called for redemption on or prior to May 1, 1983;
2 % on each bond called for redemption after May 1, 1983,
but on or prior to May 1, 1987;
1 % on each bond called for redemption after May 1, 1987,
but on or prior to maturity.
Notice of redemption shall be given to the holders of bonds to be redeemed
by publication of such notice not less than thirty (30) days prior to the
date fixed for redemption, at least once in a newspaper or publication
circulated in the State of Michigan, which carries, as part of its regular
service, notices of sale of municipal bonds, and in case of registered
bonds thirty (30) days notice shall be given by mail to the registered
holder at the registered address. No further interest payable on bonds
called for redemption shall accrue after the date fixed for redemption,
whether presented for redemption or not, provided the City has money avail-
able for such redemption with the paying agent.
2. Said bonds may be registered as to principal only in
the manner and under the terms and conditions more particularly set forth
in the form of bond hereinafter provided.
3. Said bonds shall be signed in the name of the City
by the Mayor and countersigned by the City Clerk and City Treasurer and
shall bear the City seal, and the interest coupons annexed thereto shall
bear the facsimile signatures of the Mayor and City Treasurer. Said bonds,
when executed, shall be delivered to the Treasurer and be delivered by him
to the purchaser there of upon payment of the purchase price thereof in
accordance with the bid therefor, when accepted.
4. Commencing with the year 1966, it shall be the duty
of the City to levy a tax annually in an amount sufficient so that the
estimated collections therefrom will be sufficient to promptly pay when due
the interest on such bonds and that portion of the principal thereof falling
due before the time of the following year's tax collection. Said tax, as
collected, shall be deposited into the Debt Retirement Fund of the City and
allocated on the books and records of the City for the purpose of paying
the principal of and interest on said bonds when due. If at the time of
making any annual tax levy there shall be moneys on hand in the Debt Retire-
ment Fund allocated for the payment of the bonds authorized by this resolu-
tion, then credit therefor may be taken upon such annual levy for principal
or interest as the case may be.
5. The said bonds and coupons shall be in substantially
the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
GENERAL OBLIGATION PARK AND RECREATIONAL
FACILITIES BOND
Page 7881
No. $5,000.00
KNOW ALL MEN BY THESE PRESENTS that the CITY OF LIVONIA, County
of Wayne, State of Michigan, acknowledges itself to owe, and for value
received hereby promises to pay to the bearer hereof, or if registered, to
the registered holder, the sum of
FIVE THOUSAND DOTJ ARS
lawful money of the United States of America, on the first day of May,
A.D., 19 , with interest thereon from the date hereof until paid at the
rate of per cent ( %) per annum,
payable on May 1, 1967, and semi-annually thereafter on the first day of
November and May of each year, upon presentation and surrender of the pro-
per interest coupons hereto attached as they severally become due. Both
principal of and interest on this bond are payable at
and for the prompt payment of this bond, both principal and interest, the
full faith, credit and resorces of the City of Livonia are hereby irrevoca-
bly pledged.
This bond is one of a series of eight hundred eighty (880) bonds
of even date and like tenor, except as to rate of interest and date of matu-
rity, aggregating the principal sum of $4,400,000.00, numbered consecutively
in direct order of maturity from 1 to 880, inclusive, issued for the purpose
of defraying the cost of acquiring lands for public park open spaces and
recreational purposes, and improving, developing and providing necessary
facilities for recreational use of said lands, in pursuance of a majority
vote of the qualified electors of said City voting thereon at the regular
City election duly held on April 4, 1966, and in pursuance of a resolution
adopted by the City Council on April 27, 1966, in accordance with the pro-
visions of the City Charter.
Bonds of this issue maturing in the years 1967 to 1981, inclusive,
are not subject to prior redemption.
The right is reserved of redeeming bonds maturing in the years
1982 to 1996, inclusive, at the option of the City, in inverse numerical
order, on any interest payment date on or after May 1, 1981, at par and
accrued interest to the date fixed for redemption, plus a premium as
follows:
3 % on each bond called for redemption on or prior to May 1, 1983;
2 % on each bond called for redemption after May 1, 1983,
but on or prior to May 1, 1987;
1 % on each bond called for redemption after May 1, 1987,
but on or prior to maturity.
Notice of redemption shall be given to the holders of bonds to be redeemed
by publication of such notice not less than thirty (30) days prior to the
date fixed for redemption, at least once in a newspaper or publication cir-
culated in the State of Michigan, which carries, as part of its regular
service, notices of sale of municipal bonds, and in case of registered bonds
thirty (30) days notice shall be given by mail to the registered holder at
the registered address. No further interest payable on bonds called for
redemption shall accrue after the date fixed for redemption, whether pre-
sented for redemption or not, provided the City has money available for
such redemption with the paying agent.
Page 7882
This bond may be registered as to principal only in the name of
the holder on books kept by the paying agent, and such registration noted
on the back hereof by the paying agent, after which no transfer shall be
valid unless made on the said books and noted hereon in like manner, but
transferability by delivery may be restored by registration to bearer.
Such registration shall not affect the negotiability of the interest coupons.
This bond is payable out of the debt retirement fund of the City
of Livonia, and it is hereby certified and recited that all acts, conditions
and things required by law to be done, precedent to and in the issuance of
this bond and the series of bonds of which this is one, exist and have been
done and performed in regular and due form and time as required by law, and
that the total indebtedness of said City, including this bond, does not ex-
ceed any constitutional, statutory or charter limitation.
IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State
of Michigan, by its City Council, has caused this bond to be signed in the
name of said City by its Mayor and to be countersigned by its City Clerk and
City Treasurer and its corporate seal to be hereunto affixed, and has caused
the annexed interest coupons to be signed by the facsimile signatures of its
Mayor and City Treasurer, all as of the first day of July, A.D. , 1966.
CITY OF LIVONIA
(SEAL)
BY
Countersigned: Mayor
City Clerk
City Treasurer
(Form of Coupon)
No.
On the first day of , A.D. , 19 , the
City of Livonia, County of Wayne, State of Michigan, promises to pay to the
bearer hereof the sum shown hereon at
being the interest due that date on its General Obligation Park and Recrea-
tional Facilities Bond, dated July 1, 1966, No.
Mayor
ImoCity Treasurer
Page 7883
REGISTRATION
NOTHING TO BE WRITTEN HEREON EXCEPT BY
THE PAYING AGENT
Date of Registration : Name of Registered Owner : Registrar
•
•
•
6. The City Clerk shall make application to the Munici-
pal Finance Commission for an order granting permission for the issuance of
said bonds.
7. The City Clerk shall attach to said application to the
Municipal Finance Commission a certified copy of the complete proceedings of
the City Council pursuant to the bond issue.
8. The City Clerk is authorized and hereby ordered to pub-
lish notice of sale of the bonds herein authorized in The Bond Buyer, of New
York, New York, and in the Livonian Observer, a newspaper of general circu-
lation in the City, which notice of sale shall be in substantially the fol-
lowing form:
OFFICIAL NOTICE OF SALE
$4,400,000.00
CITY OF LIVONIA
COUNTY OF WAYNE, MICHIGAN
GENERAL OBLIGATION PARK AND RECREATIONAL
FACILITIES BONDS
Sealed bids for the purchase of the above bonds will be received
by the undersigned at his office located at 33001 Five Mile Road, Livonia,
Michigan, on , the day of , 1966,
until 7:30 o'clock p.m., Eastern Standard Time, at which time and place said
bids will be publicly opened and read and promptly submitted to the City
Council for its action thereon.
Said bonds will be dated July 1, 1966, will be coupon bonds of the
denomination of S5,000.00 each, registrable as to principal only, will be
numbered consecutively in direct order of maturity from 1 to 880, inclusive,
shall bear interest from their date at a rate or rates not exceeding five per
cent (5%) per annum, expressed in multiples of 1/8 or 1/20 of 1%. Said inter-
est will be payable on May 1, 1967, and semi-annually thereafter on November
1st and May 1st of each year, both principal and interest to be payable at a
bank or trust company qualified by law to act as paying agent to be desig-
nated by the purchaser of the bonds, who shall also have the right to desig-
nate a co-paying agent or agents having like qualifications. The interest
rate on any one bond shall be at one rate only and all bonds maturing in any
one year must carry the same interest rate and each coupon period shall be
represented by one interest coupon. Accrued interest to the date of delivery
of such bonds shall be paid by the purchaser at time of delivery.
Page 7884
Said bonds will mature serially as follows:
$ 25,000.00 May 1, 1967;
$ 75,000.00 May 1st of each year from 1968 to 1974, inclusive;
$100,000.00 May 1st of each year from 1975 to 1978, inclusive;
$125,000.00 May 1st of each year from 1979 to 1982, inclusive;
$150,000.00 May 1st of each of the years 1983, 1984 and 1985;
$175,000.00 May 1st of each of the years 1986 and 1987;
$200,000.00 May 1st of each of the years 1988 and 1989;
$225,000.00 May 1st of each of the years 1990 and 1991;
$250,000.00 May 1st of each of the years 1992, 1993 and 1994;
$275,000.00 May 1st of each of the years 1995 and 1996.
Bonds maturing in the years 1967 to 1981, inclusive, shall not
be subject to redemption prior to maturity.
Bonds maturing in the years 1982 to 1996, inclusive, shall be
subject to redemption at the option of the City, in inverse numerical order,
on any interest payment date on or after May 1, 1981, at par and accrued
interest to the date fixed for redemption, plus premiums (expressed in a
percentage of par) in accordance with the following schedule:
3 % on each bond called for redemption on or prior to May 1, 1983;
2 % on each bond called for redemption after May 1, 1983,
but on or prior to May 1, 1987;
1 % on each bond called for redemption after May 1, 1987,
but on or prior to maturity.
Notice of redemption shall be given to the holders of bonds to be redeemed
by publication of such notice not less than thirty (30) days prior to the
date fixed for redemption, at least once in a newspaper or publication cir-
culated in the State of Michigan, which carries, as part of its regular
service, notices of sale of municipal bonds, and in case of registered bonds
thirty (30) days notice shall be given by mail to the registered holder at
the registered address. No further interest payable on bonds called for re-
demption shall accrue after the date fixed for redemption, whether presented
for redemption or not, provided the City has money available for such re-
demption with the paying agent.
For the purpose of awarding the bonds the interest cost of each
bid will be computed by determining, at the rate or rates specified therein,
the total dollar value of all interest on the bonds from (here insert the
first day of the month next following the date of receiving bids or the date
of the bonds, whichever is later) to their maturity and deducting therefrom
any premium. The bonds will be awarded to the bidder whose bid on the above
computation produces the lowest interest cost to the City. Each bidder shall
state in his bid the interest cost to the City, computed in the manner above
specified. No proposal for the purchase of less than all of the bonds or at
a price less than 100% of their par value will be considered.
The said bonds are payable from ad valorem taxes to be levied
without limitation as to rate or amount.
A certified or cashier's check in the amount of $88,000.00, drawn
upon an incorporated bank or trust company and payable to the order of the
City Treasurer of the City of Livonia, must accompany each bid as a guaranty
of good faith on the part of the bidder, to be forfeited as liquidated
Page 7885
damages if such bid is accepted and the bidder fails to take up and pay for
the bonds. No interest shall be allowed on the good faith checks, and checks
of unsuccessful bidders will be promptly returned to each bidder's repre-
sentative or by registered mail.
Bids shall be conditioned upon the qualified opinion of Miller,
Canfield, Paddock and Stone, attorneys of Detroit, Michigan, which opinion
will be furnished without expense to the purchaser of the bonds prior to the
delivery thereof, approving the legality of the bonds, the text of which
opinion will be printed on the reverse side of each bond. The City shall
furnish bonds ready for execution at its expense. Bonds will be delivered
without expense to the purchaser at Detroit, Michigan, New York, New York,
or Chicago, Illinois, at the option of the purchaser. The usual closing
documents, including a certificate that no litigation is pending affecting
the issuance of said bonds, will be delivered at the time of the delivery
of the bonds.
The right is reserved to reject any or all bids.
Envelopes containing the bids should be plainly marked "Proposal
for Bonds."
Clerk, City of Livonia
APPROVED:
STATE OF MICHIGAN
MUNICIPAL FINANCE COMMISSION
9. The City Council determines that the acquisition and
construction program to be defrayed from proceeds of sale of above bonds con-
forms to the overall plans of the City.
10. All resolutions or 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: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
By Councilman McNamara, seconded by Councilman Kleinert, it was
#420-66 RESOLVED, that having considered a communication dated April 26,
1966, from the Department of Law which transmits a contract for the employ-
ment of Stellwagen, DiClemente & Mouw, Inc. , 1721 E. Seven Mile Road, Detroit,
Michigan, for the purpose of performing preliminary studies and preparing
plans and specifications to build and construct a garbage and refuse incin-
erator for the City of Livonia, the anticipated capacity of which would be
between 400 and 600 tons at a probable project cost of $4500.00 per ton
capacity of proposed plant, the Council does hereby authorize the Mayor and
City Clerk to execute the aforesaid contract as submitted for the purpose
of employing the said engineering firm, upon the same being approved by the
Director of Public Works, the Chief City Engineer and as to form by the
Page 7886
Department of Law; and the Mayor and City Clerk are hereby authorized to
do all other things which may be necessary to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
By Councilman Kleinert, seconded by Councilman McNamara, it was
#421-66 RESOLVED, that having considered the report and recommendation of
the Water and Sewer Committee dated April 25, 1966, submitted pursuant to
council resolution #274-66, regarding a report prepared by the Water and
Sewer Commissioner and the Director of Public Works, approved by the Mayor,
in connection with the sewage disposal rates charged to users of the Wayne
County Metropolitan Sewerage and Sewage Disposal System, as considered in
a letter dated December 29, 1965 from Mr. George Bingham, Director of the
Board of Public Works of the County of Wayne, the Council does hereby deter-
mine that the increased cost of sewage disposal rates to users of the Wayne
County Metropolitan Sewerage and Sewage Disposal System shall be absorbed
in the present rate structure until such time as it is no longer feasible
to do so without detrimentally affecting the City's financial status in this
regard.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#422-66 RESOLVED, that having considered the report and recommendation of
the Water and Sewer Committee dated April 25, 1966, submitted pursuant to
council resolution #149-66, regarding a communication dated January 18, 1966
from the Water and Sewer Board transmitting its resolution WS 788 1/66 in
connection with the salary of the Water and Sewer Commissioner, the Council
does hereby determine that the annual salary for the position of Water and
Sewer Commissioner shall be established at 310,200.00 payable monthly, such
rate to be effective and commence from May 1, 1966; further, to accomplish
the purpose of this resolution the Water Dept. Budget is amended in the
amount of 3250.00 to provide the necessary funds for the fiscal year ending
February 28, 1967, and the Municipal Refuse Fund Budget is amended in the
amount of $175.00 to provide the necessary funds for the fiscal year ending
November 30, 1966; and all prior council resolutions are hereby rescinded
or modified to the extent that they are inconsistent herewith.
By Councilman McNamara, seconded by Councilman Kleinert, it was
RESOLVED, that the foregoing resolution be amended so as to deter-
mine that the annual salary for the Water and Sewer Commissioner be set at
S11,500.00 per year.
A roll call vote was taken on the amendment with the following result:
Page 7887
AYES: Salvadore, Kleinert, and McNamara.
NAYS: Nash, McCann, and Ventura.
The President declared the amendment denied.
A roll call vote was taken on the original resolution with the following result:
AYES: Salvadore, Kleinert, McNamara, and McCann.
NAYS: Nash and Ventura.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman McNamara, it was
#423-66 RMOLVED, that having considered the report and recommendation
of the Water and Sewer Committee dated April 25, 1966, submitted pursuant
to council resolution #147-66, relative to the letter dated January 18,
1966 from the Water and Sewer Board, approved by the Mayor, transmitting
its resolution #WS 790 1/66 wherein it is recommended that the proposed
Sewer Department Budget for the fiscal year 1966-67 be adopted as submitted,
the Council does hereby approve the SEWER DEPARTMENT BUDGET for the fiscal
year 1966-67 as submitted, and all prior resolutions heretofore adopted
with regard to the Sewer Department Budget are hereby modified or rescinded
to the extent necessary to be consistent with this resolution.
L A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#424-66 RESOLVED, that having considered the report and recommendation of
the Water and Sewer Committee dated April 25, 1966, submitted pursuant to
council resolution #148-66, relative to the letter dated January 18, 1966
from the Water and Sewer Board, approved by the Mayor, transmitting its
resolution #WS 789 1/66 wherein it is recommended that the proposed Water
Department Budget for the fiscal year 1966-67 be adopted as submitted, the
Council does hereby approve the Water Department Budget for the fiscal year
1966-67 as submitted, provided, however, that the said budget is amended to
reflect the increase in the annual salary of the Water and Sewer Commissioner
as approved by the Council in resolution No. #422-66; and all prior resolu-
tions heretofore adopted with regard to the Water Department Budget are
hereby modified or rescinded to the extent necessary to be consistent with
this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
LNAYS: None.
By Councilman Salvadore, seconded by Councilman Nash, it was
Page 7888
#425-66 RESOLVED, that having considered a letter from the Mayor dated
April 13, 1966 relative to the establishment of the position of a tem-
porary appointed full-time Recreational and Open-Space Co-ordinator, the
Council does hereby refer this matter back to the Mayor with a request
that he submit an additional report which sets forth in detail the speci-
fications, responsibilities, functions, and the manner of term, as well
as any other ramifications that he would contemplate as being involved in
the creation of the said position so that the Council may thereafter pro-
perly evaluate the merits of the same.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
By Councilman Salvadore, seconded by Councilman McNamara, it was
#426-66 RESOLVED, that having considered a letter from the Mayor dated
April 13, 1966 wherein he has proposed that the position of Director of
Public Safety be established on a full-time basis at a salary of $12,500
per annum, the Council does hereby refer the same to the Finance and
Insurance Committee for the purpose of giving this matter intensive study
as well as discussing the same with the respective chiefs of the police
and fire divisions in order to obtain the benefit of their opinions.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, Kleinert, McNamara, and Ventura.
NAYS: Nash and McCann.
The President declared the resolution adopted.
By Councilman McNamara, seconded by Councilman Salvadore, it was
#427-66 RESOLVED, that having considered a letter from the Mayor dated
April 13, 1966 wherein he has recommended the establishment of the posi-
tion of Assistant Development Co-ordinator on a contractual basis at a
salary of $10,000 per annum, the Council does hereby refer the same to
the Finance and Insurance Committee with the request that they submit
their report and recommendation; further, the Council does hereby request
that the Mayor submit an additional report setting forth more details as
to the reasons for his recommendation as well as the job functions he
would anticipate with respect to same.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
By Councilman McNamara, seconded by Councilman McCann, it was
#428-66 RESOLVED, that having considered a letter from the Mayor dated
April 13, 1966 transmitting a letter dated April 4, 1966 from Mr. Frank
Iglikowski, 645 Island Drive, Union Lake, Michigan, wherein Mr. Iglikowski
Page 7889
has made an offer to sell to the City certain property located in front of
the Cleveland Elementary School on Cathedral and Floral Street in the City
of Livonia, the Council does hereby refer the same to the City Planning
Commission and to the Parks and Recreation for their reports and recommenda-
tions and particularly with regard to the possible acquisition of such land
by the use of funds which have been provided by the $4,400,000 General Obli-
gation Bond Issue approved at the City Election of April 4, 1966.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Nash, it was
#429-66 RESOLVED, that having considered a letter from the City Planning
Commission dated April 6, 1966 with regard to Petition 66-1-7-2 which trans-
mits its resolution #3-40-66 adopted on March 8, 1966, wherein Part V of the
Master Plan of the City of Livonia, entitled "Master School and Park Plan"
has been amended so as to include certain property located approximately
540 feet south of Five Mile Road and just north of Lyndon Avenue between
Yale and Ellen Drive in Section 21 (19 acres - Parcels 21M1c and 21M2b),
the Council does hereby acknowledge the receipt of same; and further, the
Council does hereby request the City Planning Commission and the Parks and
Recreation Commission to submit their reports and recommendations particu-
larly with regard to the possible acquisition of such land by the use of
funds which have been provided by the S4,400,000 General Obligation Bond
Issue approved at the City Election of April 4, 1966.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
By Councilman McCann, seconded by Councilman McNamara, and unanimously
adopted, it was
#430-66 RESOLVED, that having considered a letter from the City Planning
Commission dated May 29, 1965, received by the Office of the City Clerk
April 15, 1966, which transmits its resolution #5-93-65, so as to correct
its prior resolution #3-59-65, wherein Part V of the Master Plan of the
City of Livonia, entitled "Master School and Park Plan" has been amended
so as to incorporate property located on the east side of Eckles Road
approximately 670 feet south of Five Mile Road in the Northwest 1/4 of
Section 19 for a park site, (total acreage 11.63 acres), the Council does
hereby acknowledge receipt of same.
By Councilman Salvadore, seconded by Councilman Nash, and unanimously
adopted, it was
#431-66 RESOLVED, that having considered a letter from the City Planning
Commission dated April 6, 1966 with regard to Petition 66-1-7-3 which trans-
mits its resolution #3-41-66 adopted on March 8, 1966, wherein an amendment
Page 7890
is set forth to subsection (o) of Section 9.01 of Article IX of the Sub-
division Rules and Regulations, Park III of the Master Plan of the City of
Livonia, the Council does hereby acknowledge receipt of same.
By Councilman Kleinert, seconded by Councilman McNamara, it was
#432-66 RESOLVED, that having considered a letter from the City Planning
Commission dated April 15, 1966 with regard to Petition 66-3-7-5 which
transmits its resolution #4-70-66 adopted on April 12, 1966, wherein
Part V of the Master Plan of the City of Livonia, entitled "Master School
and Park Plan" has been amended so as to include a ten-acre parcel of
land located at the southeast corner of Haggerty Road and Phillips Road
in the Southwest 1/4 of Section 6 (Parcel K2) as a park site, the Council
does hereby acknowledge the receipt of same; further, the Council does
hereby request the City Planning Commission and the Parks and Recreation
Commission to submit their reports and recommendations particularly with
regard to the possible acquisition of such land by the use of funds which
have been provided by the 84,400,000 General Obligation Bond Issue approved
at the City Election of April 4, 1966.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
The resolutions received from the City of Ecorse and from the City of
LGibralter, relative to House Bills Nos. 3171 and 3547, were received and filed for
the information of the Council.
By Councilman Salvadore, seconded by Councilman McCann, it was
#433-66 RESOLVED, that having considered the report and recommendation
of the Director of Public Safety, approved for submittal by the Mayor
and Budget Director, the Council does hereby accept the bid of Hun-Ray
Company, 138 Theodore, Monroe, Michigan, for supplying the City (Police
Department) with a Radio Tower for the total bid price of S1,180.00, such
having been in fact the lowest bid received for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
By Councilman McNamara, seconded by Councilman Kleinert, and unanimously
adopted, it was
#434-66 RESOLVED, that having considered a letter dated April 1, 1966
L from the Wayne County Department of Health, Eloise, Michigan, by John S.
Stock, Director, Division of Engineering and Sanitation, regarding re-
quirements set forth in Act 87 of Public Acts of 1965, the Council does
hereby refer this matter to the Department of Law for a report on the
statute in question, the ramifications that might be involved insofar as
Page 7891
an infringement of the City's sovereignty is concerned as well as any
other pertinent information in this regard.
The following resolution was unanimously introduced, supported and adopted:
#435-66 WHEREAS, During the year 1966, the world is celebrating the 1000th
anniversary of the Christianity in one of the world's greatest nations,
Poland, located in Europe.
WHEREAS, The People of Poland, during the past ten centuries, al-
ways stood up for the freedom of many people, of many nations, and have
never been the agressor, rather the protector of Freedom, especially in
Eastern Europe.
WHEREAS, Poland has given up many millions of lives to protect
the right of freedom of speech, religion, and personal conviction, from
the time of invasions of Europe by the infidels, the Crusades, the various
nationalistic revolutions against tyranny, the revolution of our own 13
colonies against England, many other wars, including World Wars I and II.
WHEREAS, Poland has given the world many leaders in many walks of
life, such as: Copernicus in Astronomy, Chopin in Music, Kosciuszko and
Pulaski, in the field of military endeavor, Sklodowska-Curie in Chemistry,
Sienkiewicz in Literature, Paderewski in Statesmanship, Cardinal Wyszynski
in Religion, Kiepura in Opera, Styka in Art, Mickiewicz and Slowacki in
Poetry, and thousands of others in almost every field of worldly endeavor.
WHEREAS, Millions of citizens of Poland emigrated to the United
States, and through the last four centuries toiled and gave all that they
could to build the greatness of the United States. Thousands were killed
in the defense of the United States, in the Revolutionary War, Civil War,
Spanish American War, Mexican War, First and second World Wars, The Korean
War, and even now in Viet Nam, these humble Americans of Polish descent
are putting down their lives for the freedom of the United States, and as
well for the freedom of all people enslaved or oppressed by others.
WHEREAS, In this great State, in almost every town, village, or
city, and in every County, there are residents of Polish descent, who work
and give their energies to create a better local community, and a better
state in which we all live.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Livonia does hereby determine that May 3rd, 1966 shall be Polish Millen-
ium Day in Livonia and urge all of the citizens of this city to join with
it in saluting this great nation, these great people, who jointly with all
of us want a better United States, a better World, and most of all, peace
and freedom for living men throughout the entire world.
By Councilman Nash, seconded by Councilman McNamara, and unanimously
adopted, it was
#436-66 RESOLVED, that having considered a communication dated April 14,
1966 from the City Planning Commission which sets forth its resolution
#3-51-66 in regard to Petition #66-2-2-5, as submitted by David Hoffman
for the Livonia Congregation of Jehovah's Witnesses, requesting permission
to remove the existing structure and erect a new church as a waiver use on
Page 7892
Parcel 03V1 located on the north side of Seven Mile Road approximately
120 feet west of Osmus in Section 3, which property is zoned RUFB, the
Council does hereby concur in the recommendation made by the City Planning
Commission and Petition No. 66-2-2-5 is hereby approved and granted.
By Councilman McNamara, seconded by Councilman Kleinert, it was
#437-66 RESOLVED, that having considered a communication dated April 18,
1966 from the Department of Law and the Grant of Easement dated April 11,
1966 attached thereto, submitted pursuant to council resolution No. 169-66,
executed by Mrs. V. E. Morse, conveying to the City of Livonia an easement
in connection with the construction of the Newburgh Road Water Transmission
Main, as follows:
An easement in the following described parcel being
described as the East 10 feet of the West 60 feet
thereof - Parcel 08G; The W. 1/2 of the N. W. 1/4 of
Section 8, T1S. , R9E, City of Livonia, Wayne County,
Michigan.
the Council does hereby accept for and in behalf of the City of Livonia
the aforesaid Grant of Easement and the City Clerk is hereby requested to
have the same recorded with the Wayne County Register of Deeds Office and
to do all other things necessary or incidental to the full performance of
this resolution.
A roll call was taken on the foregoing resolution with the following result:
AYES: Nash, Kleinert, McNamara, McCann, Salvadore, and Ventura.
NAYS: None.
By Councilman McCann, seconded by Councilman Nash, and unanimously adopted,
it was
#438-66 RESOLVED, that having considered a letter from the Mayor dated
April 18, 1966 regarding the City' s right to enter into an inter-governmental
agreement with the Department of Street Railway (DSR) of the City of Detroit
for the purpose of providing transportation facilities and service to the
citizens of Livonia, the Council does hereby take this means to request
Representatives Marvin R. Stempien and Richard A. Young, and State Senator
Farrell E. Roberts to take whatever legislative action that might be neces-
sary to confirm the prerogative of local municipalities to enter into agree-
ments with neighboring municipalities for purposes as that hereinbefore re-
ferred to although the Council believes that the City does in fact already
have this right under the present status of the applicable law; and the City
Clerk is hereby requested to send certified copies of this resolution to
Representatives Marvin R. Stempien and Richard A. Young and State Senator Far-
rell E. Roberts and to do all other things necessary or incidental to the
full performance of this resolution.
By Councilman McNamara, seconded by Councilman McCann, it was
#439-66 RESOLVED, that having considered the communication dated April 18,
1966 from the City Clerk to which is attached a letter from the National
Bank of Detroit indicating its intention to revise the basic fee schedule
Page 7893
used in connection with services rendered to the City by the said bank as
Principal Paying Agent on the City's several outstanding bond issues, the
Council does hereby take this means to advise the National Bank of Detroit
that it is the understanding that the Bank performs the said services on
the basis of an existing contract and that, accordingly, the revision of
fees is deemed to be improper and, accordingly, should not be made; and
further, the National Bank of Detroit is hereby requested to adhere to its
existing obligations in this regard and continue to perform its services
as Principal Paying Agent at the presently prescribed rates, and the City
Clerk is hereby requested to send a certified copy of this resolution to
the National Bank of Detroit, Detroit, Michigan, 48232, to the attention
of Mr. W Harrison Smith, Jr., Assistant Trust Officer, Trust Department,
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 Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
By Councilman Salvadore, seconded by Councilman McNamara, it was
RESOLVED, that having considered a letter dated April 15, 1966
from Messrs: Joseph C. Keane and Ronald L. Nisun, duly elected constables
for the City of Livonia with regard to the matter of appointed constables,
the Council does hereby determine to terminate the appointments of Jerome
L. Friedman, Stanley J. Rudnicki, and Harvey C. Zielke, as appointed con-
stables of the City of Livonia for the reason that the aforesaid elected
constables have indicated their willingness to perform in full the functions
which are required of the said Office of Constables of the City of Livonia;
and further, the Council does hereby rescind and modify all prior resolu-
tions to the extent that might be necessary to conform to the purpose set
forth in this resolution.
By Councilman McCann, seconded by Councilman Kleinert, it was
RESOLVED, that the foregoing resolution be amended so as to delete
the name of Jerome L. Friedman.
A roll call vote was taken on the amendment with the following result:
AYES: Nash, Kleinert, and McCann.
NAYS: Salvadore, McNamara, and Ventura.
The President declared the amendment defeated.
A roll call vote was taken on the original resolution with the following result:
AYES: Salvadore, McNamara, and Ventura.
NAYS: Nash, Kleinert, and McCann.
The President declared the resolution denied.
Page 7894
By Councilman McNamara, seconded by Councilman Kleinert, it was
#440-66 RESOLVED, that having considered a letter from Mary Nowka, 8812
Hemingway Avenue, Detroit 39, Michigan, dated April 2, 1966, regarding
the drainage ditch located on Lot 44 12C in Thomas F. O'Connor's Parkview
Acres Subdivision, the Council does hereby take this means to advise
Mrs. Nowka that it is the Council's understanding that the Livonia Drainage
Board No. 9 has already approved the use of surplus monies out of the said
project to install the necessary storm drainage facilities which will alle-
viate the problem Mrs. Nowka has referred to, and that the Department of
Public Works of the City of Livonia anticipates performing the said work in
the immediate future.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
By Councilman Nash, seconded by Councilman McNamara, it was
#441-66 RESOLVED that, Van Dyke Homes, Inc., 17191 Wyoming, Detroit, Michi-
gan, as proprietors, having requested the City Council to approve the pro-
posed plat of the following Subdivision: Blue Grass Farms Subdivision,
located in the S. 1/2 of Section 18, City of Livonia, and it appearing that
tentative approval of said proposed plat was given by the City Planning
Commission under date of October 20, 1964; and it further appearing that
said proposed plat, together with the plans and specifications for improve-
ments therein, have been approved by the Department of Public Works under
date of April 12, 1966; the City Council does hereby approve said proposed
plat on the following conditions:
(1) All of such improvements shall be installed in conformance
with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and
the rules and regulations of the Department of Public Works, within a period
of two (2) years from the date of this resolution; provided, however, that
additional improvements are hereby required as set forth in the letter from
the Chief City Engineer, dated April 12, 1966, which are as follows:
(a) 18" underdrain with related appurtenances to be located in Bell
Creek Drain.
(b) All streets to be improved with 31 ft. wide concrete pavements and
3-1/2" mountable curbs with the exception of eyebrows, cul-de-sacs,
service drives and Hix Avenue which are to be improved with 21 ft.,
27 ft., and 34 ft., wide pavements respectively.
(c) Five (5) foot wide sidewalks have been required in all areas.
(d) Distribution lines for telephone and electric service are to be
placed underground and ornamental street lights are to be provided
throughout the subdivision.
(2) That the installation of such improvements shall be supervised
and inspected by the Department of Public Works and such improvements shall
not be considered as having been satisfactorily installed until there is
filed with the Council a Certificate as provided in Section 14 of said
Ordinance No. 135, as amended;
Page 7895
(3) That the City Clerk is not authorized to affix his signature
to said Plat until either said improvements have been satisfactorily or,
in lieu thereof, there is filed with him by said proprietors a bond to the
City of Livonia, in such form as ma/ be approved by the City Attorney, and
in the following amount
General Improvement - S519,000.00 of which $10,000.00 shall
be in cash.
Sidewalk Bond - $ 46,000.00 of which at least $9,200.00
shall be in cash
and until all inspection fees and other charges due to the City of Livonia
have been fully paid;
(4) That the proprietor submit to the City Engineer as-built
plans of all improvements installed in the subdivision, on cloth repro-
ducible material;
(5) On full compliance with the above conditions and with the
provisions of said Plat Ordinance, as amended, the City Clerk is hereby
authorized to affix his signature to said Plat as evidence of this approval.
(6) Cash Payments to the City:
Trees (incl. island & blvd. areas) $7,325.50
Traffic Signs 313.50
Escrow payment for Bell Creek maintenance
for one year from the date of acceptance
of the ditch improvements by the City 1,000.00
Review of plans, inspection and admini-
stration (3-1/2% before contingencies) 17,952.80
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
By Councilman McNamara, seconded by Councilman Nash, it was
#442-66 RESOLVED, that having considered the report and recommendation of
the Supt. of Operations Division dated April 13, 1966, approved by the
Director of Public Works and the Budget Director, the Council does hereby
accept the bid of:
Earle Equipment Company
8100 Middlebelt Road
Romulus, Michigan
for supplying the City (Operations Division) with one (1) Koehring Model
10 Cement Grout Mud Jack at a cost of $1,175.00 such having been in fact
the low and only bid received for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
Page 7896
By Councilman Kleinert, seconded by Councilman Nash, it was
#443-66 RESOLVED, that having considered the report and recommendation
of the Supt. of Operations Division dated April 13, 1966, approved by the
Director of Public Works and the Budget Director, and having also con-
sidered the "Tabulation of Bids for Aggregates - Bid of April 11, 1966"
attached to the aforesaid communication of April 13, 1966, the Council
does hereby accept the bid of:
Hayes Washed Sand and Gravel Company,
15205 Middlebelt Road
Livonia, Michigan, 48154
for supplying the City (Department of Public Works) with Aggregates,
delivered: Aggregates, spread; and Maintenance and 60-40 Gravel, as set
in the aforesaid Tabulation of Bids; and
Edward C. Levy Company
8800 Dix Avenue
Detroit, Michigan, 48209
for supplying the City (Department of Public Works) with Slag Aggregates,
delivered, and Slag Aggregates, spread, as set forth in the aforesaid
Tabulation of Bids; such having been in fact the low and only bids re-
ceived for these items.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
By Councilman McNamara, seconded by Councilman Salvadore, and unanimously
adopted, it was
#444-66 RESOLVED, that having considered a letter from Mary Lockey,
Executive, Circulation Department, of The Detroit Suburban Newspapers,
(The Livonia News), dated April 20, 1966, regarding the location of The
Livonia News vending machine in the City Hall, the Council does hereby
take this means to request that the Mayor locate all newspaper vending
machines in a common place in the City Hall so as to afford them equal
opportunity and treatment.
The letter dated April 21, 1966 from the Chief City Engineer, relative to
the complaint of Patrick Basile against Mancinelli Excavating Company, was received
and filed for the information of the Council.
By Councilman Kleinert, seconded by Councilman Nash, it was
#445-66 RESOLVED, that having considered the letter dated March 31, 1966
from the Department of Law transmitting a letter dated July 8, 1965 from
Messrs. Henry S. Alper and Abe Green (Rose-Hill Builders) wherein they
have made an offer to sell to the City of Livonia seven (7) acres of land
lying immediately east of three (3) acres of park land in Section 19 which
Page 7897
they had previously conveyed to the City by quit claim deed, the Council
does hereby refer the same to the City Planning Commission and the Parks
and Recreation Commission for their reports and recommendations particu-
larly with regard to the possible acquisition of such land by the use of
monies which have been provided in the $4,400,000 General Obligation Bond
Issue approved at the City Election of April 4, 1966.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
By Councilman McCann, seconded by Councilman McNamara, it was
#446-66 RESOLVED, that having considered a letter dated March 31, 1966
from the Department of Law and the Quit Claim Deed attached thereto, dated
July 8, 1965 executed by Henry S. Alper, et al. , conveying to the City of
Livonia a 3-acre park site in Section 19, which land is more particularly
described as follows:
The east 116 ft. of the west 149 ft. of the following
described parcel: That part of the N. W. 1/4 of Section
19, Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, described as beginning at a point on
the West line of said section distant S. 0° 16' 20" East,
698.43 ft. from the N. W. corner of Section 19 and pro-
ceeding thence N. 89° 33' 40" East, 1260.58 ft. ; thence
S 0° 16' 20" East, 1096.36 ft. ; thence S. 89° 56' 28"
West, 1260.45 ft. ; thence N. 0° 16' 20" West along the
West section line 1088.0 ft. to the point of beginning.
and
The east 116 ft. of the west 149 ft. of the south 37.80
ft. of the following described parcel: A parcel of
land in the N. W. corner of Section 19, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan,
described as follows: Beginning at the N. W. corner of
said Section 19; thence N. 89° 46' 40" East, 679.30 ft.
along the North line of Section 19 to a point; thence
S. Ou 11' 20" East, 660.07 ft. to a point, thence N.
89° 46' 40" East, 330.00 ft. to a point; thence S. 0°
11' 20" East, 37.80 ft. to a point; thence S. 89° 44'
47" West, 1010.58 ft. to a point in the west line of
said Section 19; thence N. 0° 05' 00" West, 698.43 ft.
along the west line of Section 19 to the point of
beginning.
the Council does hereby accept for and in behalf of the City of Livonia
the aforesaid Quit Claim Deed and does hereby request the City Clerk to
have such deed recorded with 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: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
Page 7898
By Councilman McNamara, seconded by Councilman McCann, it was
#447-66 RESOLVED, that having considered letters dated April 12, 1966
from the Director of Public Safety, approved by the Mayor, and dated
April 27, 1966 from the Mayor, (council resolution #335-66), in connec-
tion with the communication signed by several residents residing on
Laurel Road, and before determining to install street lights in the area
of Laurel and Pinetree Avenue in the City of Livonia, Wayne County, Michi-
gan, the cost of which is to be defrayed by special assessment, the Chief
City Engineer is hereby requested to ascertain the assessed valuation of
all property affected by the proposed improvement, the number of parcels
which show tax delinquencies, the number of parcels owned by public au-
thorities, the number of parcels which are now vacant, and to prepare and
cause to be prepared, plans and specifications therefor and an estimate of
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
and the lands which should be included in the proposed special assessment
district, pursuant to the provisions of Sections 3.03 and 4.01 of Ordinance
No. 401 as amended.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann and Ventura.
NAYS: None.
*The President of the Council relinquished the Chair to the Vice-President,
and was excused at 9:08 P. M.
By Councilman McCann, seconded by Councilman McNamara, it was
#448-66 RESOLVED, that having considered a communication dated February 9,
1966 from the City Planning Commission which transmits its resolution
#1-10-66 adopted by the Planning Commission on January 25, 1966, with re-
gard to Petition #65-11-2-12, as submitted by Shell Oil Company, 1922 S.
Monroe, Dearborn, Michigan, requesting permission to erect a gasoline ser-
vice station on Parcel 19A2ala located at the southwest corner of Five Mile
Road and Newburgh Road in Section 19, as a waiver use on property zoned C-2,
and the Planning Commission having made a recommendation of denial with
regard to same, and the petitioner having filed an appeal with the City
Clerk within ten days from the Commission's determination, and the Council
having conducted a public hearing with regard to this matter on April 18,
1966 pursuant to council resolution #213-66 adopted on March 2, 1966, the
Council does hereby concur in the recommendation made by the City Planning
Commission and Petition No. 65-11-2-12 is hereby denied for the following
reasons:
(1) There has been a change in circumstance since the original approval
in 1961 in that at that time all four corners were vacant, now there
are two gas stations.
(2) Newburg Road is not a County road; it is a dirt road and there is no
contemplated improvement of it.
Page 7899
(3) There is no traffic light at this intersection.
(4) This location is in close proximity to the hospital and could
conflict with the numerous emergency vehicles.
(5) This location is in a heavily congested area with many very
young children.
(6) This area is heavily travelled and would constitute a traffic
hazard and unduly conflict with normal traffic in the area.
(7) It would be detrimental to the proposed shopping center and
would hamper development of same.
(8) This use would be noxious and detrimental to the orderly
development of the surrounding neighborhood and would not
be consistent with the objectives and spirit of sound plan-
ning and of the Ordinance.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, and McCann.
NAYS: None.
*The President resumed the Chair at 9:10 P. M.
*Councilman Kleinert was excused at 9:10 P. M.
By Councilman McNamara, seconded by Councilman Salvadore, it was
RFSOLVED, the Council does hereby refer this matter to the City
Attorney for a written opinion relative to the Council's authority to
reject the recommendation of the City Planning Commission and grant ap-
proval to the request for permission to construct a swimming pool where
the same is not in strict compliance of the standards prescribed in
Ordinance #543, the Zoning Ordinance.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara.
NAYS: Salvadore, McCann, Nash, and Ventura.
The President declared the resolution defeated.
By Councilman McNamara, seconded by Councilman Salvadore, it was
#449-66 RESOLVED, that the Council does hereby table this matter (Waiver
Use Petition No. 65-12-2-17) , to the next regular meeting, to be held
May 11, 1966.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McNamara, McCann, and Ventura.
NAYS: Nash.
Page 7900
The President declared the tabling resolution adopted.
*Councilman Kleinert returned at 9:23 P. M.
By Councilman McCann, seconded by Councilman Nash, it was
#450-66 RESOLVED, that the Council does hereby request that the Depart-
ment of Law immediately prepare an amendment to Ordinance No. 543, the
Zoning Ordinance, whereby the City Council would expressly be empowered
to grant approval to waiver uses even though such use would not be in
strict compliance with the standards prescribed in the existing ordinance
relative to the same (power to grant variances and modifications).
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
By Councilman McNamara, seconded by Councilman McCann, it was
#451-66 RESOLVED, that having considered the report and recommendation
dated April 22, 1966 from the Chief City Engineer, approved by the Direc-
tor of Public Works, and the final construction estimate dated April 22,
1966 attached thereto, the Council does hereby authorize final payment
in the amount of $1,680 to the A & J Construction Company, 12753 Stark
Road, Livonia, Michigan, which sum is the full and complete amount due
pursuant to council resolution #982-65 which authorized the installation
of a six-inch water main extension 300 feet on Fairfield Avenue south of
Five Mile Road, located in the Northwest 1/4 of Section 22, it being the
understanding of the Council that all work under the said resolution has
been completed in accordance with City standards and specifications;
further, the City Clerk and City Treasurer are herein authorized to do
all things necessary or incidental to the full performance of this resolu-
tion.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: None.
By Councilman Kleinert, seconded by Councilman McCann, and unanimously
adopted, it was
#452-66 RESOLVED, that Petition 66-3-3-7 submitted by Mrs. Irma S.
Constantine, 738 Rivard Boulevard, Grosse Pointe 30, Michigan, requesting
the vacation of a certain alley south of and parallel to Five Mile Road
between Merriman and Arden Street, in the City of Livonia, Wayne County,
Michigan, is hereby referred to the City Planning Commission for action
and recommendation according to law and Ordinance No. 29 as amended.
By Councilman Salvadore, seconded by Councilman Nash, and unanimously
adopted, it was
Page 7901
#453-66 RF8OLVED, that having considered letters dated April 18, 1966
from Mr. and Mrs. John H. Clemente, 16540 Riverside Drive, Livonia,
Michigan, 48154, and dated April 18, 1966 from Mr. and Mrs. Robert E.
Sills, 34824 Wood Drive, Livonia, Michigan, regarding complaints they
have made in connection with alleged improper construction on their
property, the Council does hereby refer the same to the Department of
Law and the Chief Inspector of the Bureau of Inspection for their reports
and recommendations; and further, the Council does hereby determine that
in the event these matters are not resolved within one week, that a copy
of this resolution be forwarded to the Corporations and Securities Com-
mission of the State of Michigan, 20th Floor, Cadillac Square Building,
Detroit, Michigan, 48226, indicating the Council's displeasure with the
manner in which this situation has been handled.
By Councilman Kleinert, seconded by Councilman Salvadore, and unanimously
adopted, it was
#454-66 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 the request of Great Scott Super Markets, Inc. for a new
SDM license, to be located at 29250 Plymouth Road.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#455-66 RESOLVED, that the Council does hereby discharge the Committee
of the Whole from further consideration of the communication dated Decem-
ber 13, 1965 from the Michigan Liquor Control Commission and the communi-
cation dated January 13, 1966 from the Director of Public Safety, referred
to it by council resolution No. 116-66, relating to a request from Great
Scott Super Markets, Inc., for a new SDM license, and that the matter of
this item be taken up for consideration by the Council at this time; and
further, that upon having considered the aforesaid letter from the Michi-
gan Liquor Control Commission dated December 13, 1965 and the report and
recommendation from the Director of Public Safety dated January 13, 1966
in connection therewith, the Council does hereby approve of the request
from Great Scott Super Markets, Inc , for a new SDM License to be located
at 29250 Plymouth Road, Livonia, Michigan; 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: Salvadore, Kleinert, McNamara, McCann, and Ventura.
NAYS: Nash.
The President declared the resolution adopted.
On motion of Councilman McCann, seconded by Councilman Nash, and unanimously
adopted, this 537th Regular Meeting of the Council of the City of Livonia was duly
adjourned at 9:34 P. M., May 4, 1966.
ADDISON W. BACONAlteerk