HomeMy WebLinkAboutCOUNCIL MINUTES 1971-05-19 12125
MINUTES OF THE SEVEN HUNDRED TENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On May 19, 1971, 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 8:13 P. M.. Councilman McCann delivered the invocation. Roll was
called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A.
Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett.
Absent--None.
Elected and appointed officials present: Edward H. McNamara, Mayor;
Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Ronald Mardiros, City
Assessor; Eobert Turner, Police Chief; John Dufour, Superintendent of Parks and
Recreation; Ed Siemert, Assistant City Engineer, John Nagy, City Planner; Jack Dodge,
Budget Director, Stanley Bien, Chief Librarian; John Bunk, Fire Department; Joseph
Falk, Planning Commission; Dan Andrew, Planning Commission; and William LaPine of
the Zoning Board of Appeals.
By Councilman Ventura, seconded by Councilman Bennett, and unanimously
adopted, it was
#428-71 RESOLVED, that the minutes of the 709th regular meeting of the
Council of the City of Livonia, held on May 5, 1971, are hereby approved.
By Councilman Milligan, seconded by Councilman McCann, it was
#429-71 RESOLVED, that having considered a communication from the
Superintendent of the Chesapeake and Clio Railroad Company dated April 27,
1971, with regard to an agreement between the Chesapeake and Ohio Railroad
and the City of Livonia covering the installation and maintenance of the
Industrial Road crossing located 1,500 feet, plus or minus, from Levan
Road in Section 29 in the City of Livonia and which agreement has been
approved by the City Engineer and approved as to form by the Department of
Law, the Council does hereby authorize the Mayor and City Clerk in behalf
of the City of Livonia to affix their signatures to such agreement as well
as to do all other things necessary or incidental to fulfill the purpose
of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES * McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS : None.
12126
Councilman Ventura gave second reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 4-401(d)
OF CHAPTER 4 (ENTERTAINMENTS AND
AMUSEMENTS) OF TITLE 4 OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED, OF THE CITY OF
LIVONIA.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES : McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS : None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
Councilman Ventura gave second reading to the following Ordinance :
AN ORDINANCE AMENDING SECTION 8-103 OF
CHAPTER I (MINORS) OF TITLE 8 OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED,
OF THE CITY OF LIVONIA.
A roll call vote was taken on the foregoing Ordinance with the following result .
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
Councilman Ventura gave second reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 35 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO. 543,
AS AMENDED, KNOWN AND CITED AS THE "CITY OF
LIVONIA ZONING ORDINANCE," BY ADDING SECTION
3. THERETO. RE: PETITION NO. 70-10-1-36
FOR CHANGE OF ZONING FROM R-1 TO P.S.
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
12127
Councilman Milligan gave second reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 1 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO. 543,
AS AMENDED, KNOWN AND CITED AS THE "CITY
OF LIVONIA ZONING ORDINANCE," BY ADDING
SECTION 3. THERETO. RE' PETITION NO.
70-6-1-25 FOR CHANGE OF ZONING FROM RUF
AND C-1 TO C-2.
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
Councilman Milligan gave second reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 30 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO. 543, AS AMENDED,
KNOWN AND CITED AS THE "CITY OF LIVONIA
ZONING ORDINANCE," BY ADDING SECTION 3.
THERETO. RE:PETITION NO. 70-12-1-46 FOR CHANGE
OF ZONING FROM RUF TO M-1.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES . McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS* None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
Councilman Milligan gave second reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 26 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO. 543, AS AMENDED,
KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING
ORDINANCE," BY ADDING SECTION 3._ THERETO.
RE PETITION NO. 70-12-1-49 FOR CHANGE OF
ZONING FROM C-2 TO M-1.
12128
LA roll call vote was taken on the foregoing Ordinance with the following result.
AYES: McCann, Ventura, Raymond, Milligan and Nash.
NAYS: Bennett and Brown.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
Councilman Milligan gave second reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 29 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO. 543,
AS AMENDED, KNOWN AND CITED AS THE "CITY OF
LIVONIA ZONING ORDINANCE," BY ADDING SECTION
3. THERETO. RE' PETITION NO. 70-12-1-48 FOR
CHANGE OF ZONING FROM C-1 TO M-l.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
LNAYS: None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
Councilman Brown gave second reading to the following Ordinance.
AN ORDINANCE AMENDING SECTION 30 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO. 543,
AS AMENDED, KNOWN AND CITED AS THE "CITY OF
LIVONIA ZONING ORDINANCE," BY ADDING SECTION
3. THERETO. RE: PETITION NO. 70-12-1-47 FOR
CHANGE OF ZONING FROM RUF TO M-2.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES' McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS . None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
11. By Councilman Bennett, seconded by Councilman Ventura, it was
12129
#430-71 RESOLVED, that having considered a report and recommendation of
the Superintendent of Operations, the Director of Public Works and the
Budget Director dated April 19, 1971, and approved for submission by the
Mayor, the Council does hereby accept the low bids of Bill Brown, Inc.,
for supplying the Operations Division with the following vehicles for
the following prices :
1. Four (4) 1/2 ton Pickup Trucks at a total price of $9,827.68
less $850.00 trade-in allowance on a 1966 Ford F100 Pickup,
Ser. #F10AL826165, a 1966 Ford F100 Pickup, Ser. #F10AL826167,
and a 1961 Ford F100 Pickup, Ser. #F1OJE1 80965 (DPW Vechicles
#62, #64 and #74 respectively), for a net price of S8,977.68.
2. One (1) 3/4 Ton Pickup Truck at a unit price of $2,852.40 less
$300.00 trade-in allowance on a 1966 Ford F-250 Pickup, Ser.
#25A1802232 (DPW Veh. #61), for a net price of $2,552.40.
3. One (1) 1/2 Ton Vanette Truck at a net price of $2,656.78, less
$300.00 trade-in allowance on a 1966 Ford F100 Pickup, Ser.
F10A1826264 (DPW Veh. #237), for a net price of $2,356.78.
A roll call vote was taken on the foregoing resolution with the following result:
AYES : McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman Brown, seconded by Councilman Raymond, it was
#431-71 RESOLVED, that having considered a communication from the Mayor
and the Budget Director dated April 19, 1971 with regard to the salary of
the position of Director of Public Works, the Council does hereby authorize
a salary for the said position in the amount of $21,941.70 per annum,
retroactive to and commencing from December 1, 1970; and the Council does
hereby transfer the sum of $1,994.70 from Account No. 60.01 (Unappropriat-
ed Fund Balance Account) to Account No. 455-704 for this purpose.
A roll call vote was taken on the foregoing resolution with the following result*
AYES : McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Raymond, it was
#432-71 RESOLVED, that having considered a communication from the City
Treasurer dated April 14, 1971 with respect to the appointment of Mrs.
Dorothy McIntyre as Deputy Treasurer and the salary to be established for
the position of Deputy Treasurer, the Council does hereby authorize a
salary in the amount of $9,750.00 for the position of Deputy Treasurer
retroactive to and commencing from December 1, 1970.
12130
A roll call vote was taken on the foregoing resolution with the following result
AYES * McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman McCann, seconded by Councilman Bennett, it was
#433-71 RESOLVED, that having considered a communication from the Council
President and the Budget Director dated April 7, 1971 with regard to the
maintenance of office equipment in the office of the City Council, the
Council does hereby authorize the transfer of the sum of $100.00 from the
Legislative Salaries and Wages Account No. 101-702 to the Maintenance
Office Equipment Account No. 101-934 for this purpose.
A roll call vote was taken on the foregoing resolution with the following result.
AYES : McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Milligan, it was
#434-71 RESOLVED, that having considered a communication from the Mayor
L dated April 26, 1971, to which is attached a communication from the
Budget Director, the Chief Inspector and the Director of Public Works
dated April 21, 1971 with regard to the proposed revisions of the 1970-71
Refuse Budget and Clean-Up Week, the Council does hereby determine for
this purpose to appropriate the additional sum of $27,583.00 from the
Unexpended Balance Account of the Refuse Fund and does further amend and
revise the Refuse Budget in the following manner:
Additional
Revised Previously Amount
Account # Type No. Budget Approved Requested
706 Field Inspector 2 $10,574 $ -0- $10,574
706 Labor-Dump Site-Part Time 1,870 -0- 1,870
706 Clerk-Steno II 1/2 3,549 7,057 (3,508)
706 Sanitation .inspector 1 4,420 10,607 (6,187)
Employee Benefits
715 F.I.C.A. Tax 987 773 214
719 Group Insurance 1,371 1,098 273
721 Longevity -0- 400 (400)
722 Pension 1,518 1,277 241
Supplies
751 Gas & Oil -o- 600 (600)
861 Employee Auto Reimbursement 1,106 -0- 1,106
Total $25,395 $21,812 $3,583
12131
Other Services & Charges
886.2 Clean-Up Week $24,000
Total $27,583
A roll call vote was taken on the foregoing resolution with the following result:
AYES : McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS : None.
By Councilman Bennett, seconded by Councilman McCann, it was
RESOLVED, that having considered a communication from the Mayor
dated April 26, 1971 to which is attached a communication from the Budget
Director, the Chief Inspector and the Director of Public Works dated
April 21, 1971 with regard to establishing a budget for the Weights and
Measures Division in the Bureau of Inspection, the Council does hereby
determine for this purpose to transfer the sum of $10,623.00 from the
Unexpended Balance Account to the following Accounts in the following
amounts.
Account Type of Expenditure Amount
Number Request No. Requested
706 Field Inspector II 1 $ 7,068
Employee Benefits
715 F.I.C.A. Tax 177
719 Group Insurance 266
721 Longevity 500
722 Pension 512
$ 1,455
$ 8,523
Supplies
728 Office Supplies 250.
Other Services & Charges
904 Printing 250.
947 Transportation Rental 1,000
960 Training 400
964 Travel & Education 200
$1,850
Total $10,623
12132
By Councilman Ventura, seconded by Councilman Brown, it was
#435-71 RESOLVED, that having considered a communication from the Mayor
dated April 26, 1971 to which is attached a communication from the Budget
Director, the Chief Inspector and the Director of Public Works dated
April 21, 1971 with regard to establising a budget for the Weights and
Measures Division in the Bureau of Inspection, the Council does hereby
determine to refer this matter to the Study Meeting to be conducted on
June 7, 1971; further, the Police Chief, the Chief Building Inspector
and the Budget Director are requested to be present at such meeting.
A roll call vote was taken on the foregoing resolution with the following result•
AYE" . Brown, Ventura, Raymond and Milligan.
NAYS: McCann, Bennett and Nash.
The President declared the resolution adopted.
By Councilman Bennett, seconded by Councilman Raymond, it was
RESOLVED, that having considered a communication from the Mayor
dated April 22, 1971 to which are attached communications from the Traffic
Commission, the City Engineer and the O.I.0 of the Traffic Bureau of the
Police Division dated March 1, 1971, April 8, 1971 and February 4, 1971,
respectively, with regard to parking on Plymouth Road, the Council does
hereby request the State of Michigan to prohibit parking on Plymouth Road
(M-14) from Inkster Road West to Ann Arbor Road and from Ann Arbor Road
west to the City limits in the City of Livonia, and the City Clerk is
hereby requested to forward a certified copy of this resolution to Mr.
Walter Washington, Michigan State Highway Department, 18101 Nine Mile
Road, P. 0. Box 1226, Southfield, Michigan 48075 to the attention of
Mr. Larry Brown.
By Councilman Ventura, seconded by Councilman Milligan, it was
#436-71 RESOLVED, that having considered a communication from the Mayor
dated April 22, 1971 to which are attached communications from the Traffic
Commission, the City Engineer and the O.I.C. of the Traffic Bureau of the
Police Division dated March 1, 1971, April 8, 1971 and February 4, 1971,
respectively, with regard to parking on Plymouth Road, the Council does
hereby determine to refer this matter to the Streets, Roads and Plats
Committee for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS• McCann.
The President declared the resolution adopted.
L12133
The communication from the Department of Public Safety with respect to
a request for a portable traffic signal for Holmes Junior High School, was received
and filed for the information of the Council.
By Councilman Ventura, seconded by Councilman Raymond, it was
#437-71 RESOLVED, that having considered a communication from the City
Engineer and the Assistant City Engineer dated February 8, 1971, approved
by the Director of Public Works and approved for submission by the Mayor,
the Council takes this means to indicate its intent to the Michigan
Department of State Highways to request and authorize the Detroit Edison
Company to install Street Lighting on the following bridges to be located
across the 1-96 Expressway at such time as the City has received necessary
plans and cost estimates from the Detroit Edison Company:
1. Cardwell Avenue Bridge.
2. Melvin Avenue Bridge.
3. Yale Avenue Bridge.
4. Ellen Drive Bridge (Wayne).
5. Newburgh Road left turn bridges,
and the Michigan Department of State Highways is hereby requested in the
preparation of engineering plans for the proposed Freeway work to take
into consideration the possible future lighting of the aforesaid bridges.
A roll call vote was taken on the foregoing resolution with the following result.
AYES : McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS : None.
At 8:55 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 Raymond, seconded by Councilman Ventura, and unanimously
adopted, it was
#438-71 RESOLVED, that having considered a communication dated April 14,
1971 from the O.I.C. of the Traffic Bureau with respect to the traffic
problem caused by the narrow width of Farmington Road, south of School-
craft Road, where the same approaches Schoolcraft, the Council does
hereby determine that in the event no other solution to this problem is
arrived at, the Operations Division of the Department of Public Works
do all things necessary, in an expeditious manner, to resolve the same.
By Councilman McCann, seconded by Councilman Brown, and unanimously
adopted, it was
12134
#439-71 RESOLVED, that having considered a communication from the City
Engineer dated April 2, 1971 approved by the Director of Public Works
and approved for submission by the Mayor which sets forth a proposed
Capital Improvement Program with respect to the needs of the City in the
improvement of its streets and roads and other projects in connection
therewith, the Council does hereby refer this matter to a meeting to be
conducted on June 7, 1971 at 8.00 P. M. by a Committee of the Whole.
By Councilman Ventura, seconded by Councilman Brown, and unanimously
adopted, it was
#440-71 RESOLVED, that having considered a communication from the Mayor
dated April 21, 1971 to which is attached a letter from the U.A.W. Plant
Foreman of the Fisher Body Division of General Motors Corporation with
regard to unpaved roads in the area of the Fisher Body Livonia Plant, the
Council does hereby refer the same to the Streets, Roads and Plats
Committee for its report and recommendation.
By Councilman Ventura, seconded by Councilman McCann, it was
#441-71 RESOLVED, that the Council does hereby determine to remove from
the table the proposed "Stop and Frisk Ordinance" previously tabled in
Council resolution No. 205-70.
Motion by Councilman Raymond, seconded by Councilman Milligan, to
substitute, in_lieu of the foregoing resolution, the following•
RESOLVED, that the Council does hereby determine to renew the
request to State Representative Marvin R. Stempien to have the proposed
"Stop and Frisk Ordinance" reviewed by the Attorney General of the State
of Michigan for the purpose of determining whether or not this Legislative
Body may in fact enact the same or whether the same is beyond its
authority; further, since the same has been in his office for some time
the Council requests an immediate ruling so that they might proceed to
act on this proposed ordinance.
Councilman Ventura declared the substitute resolution out of order. The
President of the Council ruled the resolution in order and thereupon Councilman
Ventura challenged the ruling of the Chair, and the gavel was passed to Councilman
McCann. A roll call vote was then taken with the following result wherein an 'aye'
vote upheld the ruling of the Chair and a 'nay' vote would support the challenge
AYES: Bennett, Raymond, Nash and Milligan.
NAYS: Brown, Ventura and McCann.
. _
12135
LA roll call vote was then taken on the motion, to substitute, with the following
result:
AYES * Raymond, Milligan and Bennett.
NAYS. McCann, Brown, Ventura and Nash.
A roll call vote was taken on the original resolution with the following result
AYES : McCann, Bennett, Brown, Ventura and Nash.
NAYS: Raymond and Milligan.
The President declared the resolution adopted.
By Councilman Raymond, seconded by Councilman Bennett, it was
#442-7l RESOLVED, that the proposed "Stop and Frisk Ordinance" is hereby
referred to the Committee of the Whole for its consideration at a meeting
to be conducted on June 9, 1971 at 8:00 P. M.
A roll call vote was taken on the foregoing resolution with the following result.
L AYES. Bennett, Brown, Raymond, and Milligan.
NAYS: McCann, Ventura and Nash.
The President declared the resolution adopted.
By Councilman Brown, seconded by Councilman Ventura, it was
RESOLVED, that having considered a communication from the City
Planning Commission dated April 15, 1971 which transmits its resolution
No. 3-72-71 with respect to a proposed amendment to Section 21.06(3)(a)
which proposal would delete the same, the Council does hereby refer this
matter to the Department of Law for the preparation of an amendment to
the Zoning Ordinance so as to delete the application of Section 21.C6 (3)
(a) to property located on the south side of Eight Mile Road.
A roll call vote was taken on the foregoing resolution with the following result.
AYESBrown and Ventura.
NAYS McCann, Bennett, Raymond, Milligan and Nash.
The President declared the resolution denied.
L By Councilman Bennett, seconded by Councilman McCann, it was
#443-71 RESOLVED, that having considered a communication from the City
Planning Commission dated April 15, 1971 which transmits its resolution
No. 3-72-71 with respect to a proposed amendment to Section 21.06 (3)(a)
which proposal would delete the same, the Council does hereby determine
to take no further action with respect to this matter.
12136
A roll call vote was taken on the foregoing resolution with the following result:
L
AYES : McCann, Bennett, Raymond and Nash.
NAYS: Brown, Ventura and Milligan.
The President declared the resolution adopted.
The communication from Hearthstone Homeowners Association dated April 16,
1971, requesting Council to direct Planning to rezone Outlots 'A" and "B" of
Hearthstone Subdivision from Commercial to Professional, was received and filed for
the information of the Council.
By Councilman Bennett, seconded by Councilman Raymond, and unanimously
adopted, it was
#444-71 RESOLVED, that having considered a communication from the Mayor
dated April 13, 1971 with regard to the proposed soundproofing and fire-
procfing of apartments, the Council does hereby refer this matter for
consideration at a meeting to be conducted by the Committee of the Whole
on June 9, 1971 at 8:00 P. M.
L By Councilman Raymond, seconded by Councilman Milligan, and unanimously
adopted, it was
#445-71 RESOLVED, that having considered a communication from Mr. C. R.
Charest, Attorney, dated April 16, 1971, submitted in behalf of his
clients Mr. and Mrs. Gerald Braun with regard to damages allegedly sustain-
ed as a result of a ruptured water main and/or ruptured fire hydrant, the
Council does hereby refer this matter to the City Clerk, the Department of
Law, the Director of Public Works and the City Engineer for their
respective reports and recommendations.
By Councilman Ventura, seconded by Councilman McCann, it was
#446-71 RESOLVED, that having considered a communication from the City
Engineer dated February 5, 1971, approved by the Director of Public Works
and approved for submission by the Mayor, the Council does hereby
authorize and request the City Clerk to make application to the Detroit
Edison Company on forms provided by such Company for the installation of
street lights of suitable lumen strength to be installed on the following
bridge crossings of I-96 Expressway:
Wayne Road (Ellen) over 1-96 (2 lights)
Yale Avenue over I-96 (2 lights)
L
in the City of Livonia, Michigan, it being the determination of the Council
that such bridges require lighting in order to protect the public safety
of the residents of the community; further the City Clerk is hereby request-
ed to forward a copy of this resolution to the Michigan Department of
State Highways.
12137
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NA'S: None.
*Councilman Brown was excused at 9:45 p. m.
By Councilman Bennett, seconded by Councilman Ventura, it was
A47-71 RESOLVED, that having considered a communication from the City
Engineer and the Assistant City Engineer dated April 14, 1971, approved
by the Director of Public Works and approved for submission by the Mayor
with regard to the construction of sidewalks along the north side of Ann
Arbor Road between Hix Road and Pere Avenue, the Council does hereby
authorize the expenditure of a sum not to exceed $3,800.00 from the 9.8
Million Dollar Street and Road General Obligation Bond Issue for this
purpose; further, the Engineering Division is hereby requested to prepare
plans and specifications and thereafter take bids for the purpose of
constructing the said sidewalks.
A roll call vote was taken on the foregoing resolution with the following result:
AYES : McCann, Bennett, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman Bannett, seconded by Councilman Ventura, it was
el48-71 RESOLVED, that having considered a communication dated March 30,
1971 received from Mrs. Zora E. Van Meter, 28940 Broadmoor, Livonia,
Michigan, and in accordance with the provisions of Act 288 of the Public
Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543,
the City of Livonia Zoning Ordinance, as amended, the Council does hereby
find that the proposed division and combination of Lots 246 and 247 of
Supervisors Livonia Plat No. 3 would not be contrary to the spirit and
purpose of the aforesaid ordinance and does, accordingly, approve of
dividing and combining the same into two parcels the legal descriptions of
which shall read as follows :
PARCEL A
A parcel of land situated in the N. 1/2 of SW 1/4
of Section 13, T. 1 S. , R. 9 E., City of Livonia,
Wayne County, Michigan, more particularly described
as :
Lot 246, except the E. 66 ft. of the N. 130 ft. ,
and except the E. 50 ft. of the S. 170 ft. of Super-
visor's Livonia Plat No. 3. Rec'd L. 66, P. 16
Plats, W.C.R.
12138
PARCEL B
A parcel of land situated in the N. 1/2 of SW 1/4
of Section 13, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, more particularly described
as•
The S. 170 ft. of Lot 247 and the E. 50 ft. of the
S. 170 ft. of Lot 246, Supervisor's Livonia Plat
No. 3 Rec'd L. 66, P. 16 of Plats, W. C. R.
as shown on the map attached to the aforesaid communication which is made
a part hereof by this reference; and the City Clerk is hereby requested
to cause a certified copy of this resolution to be recorded in the Office
of the Wayne County Register of Deeds.
A roll call vote was taken on the foregoing resolution with the following result
AYES: McCann, Bennett, Ventura, Raymond, Milligan and Nash.
NAYS: None.
*Councilman Brown returned at 9:50 p. m.
The communication from the Mayor dated April 28, 1971, with respect to
proposed major road improvements, was received and filed.
By Councilman Ventura, seconded by Councilman McCann, it was
#449-71 RESOLVED, that having considered a communication from the Director
of Public Works and the Department of Law dated April 29, 1971 with regard
to the proposed exchange of land at Devon-Aire Woods Parks in Section 35,
the Council does hereby determine to rescind Council Resolution No.1202-70.
A roll call vote was taken on the foregoing resolution with the following result
AYES • McCann, Brown, Ventura, Raymond, Milligan and Nash.
NAYS : Bennett.
The President declared the resolution adopted.
The communication from the Department of Law dated April 27, 1971 with
respect to Wayne County Circuit Court Action #165-987 (Southland Corp. ) was received
and filed for the information of the Council.
The communication from the Police Division re 'bumper str .ps" on Ellen
Drive (CR-661-70) was received and filed for information of the Council.
The communication from the Department of Public Safety with respect to
traffic pattern at St. Martins and Purlingbrook (CR-917-70) was received and filed.
The communication dated May 3, 1971 from the Department of Public Safety
with respect to 'Orbie the Mechanical Cop' ,(CR-1099-70) was received and filed.
The communication from Department of Law with respect to flood plain
complaint at rear of 16504 Wayne Road and 16517 Edgewood, (CR-1178-68, was received
12139
and filed for the information of the Council.
By Councilman Milligan, seconded by Councilman Bennett, it was
#450-71 RESOLVED, that having considered a communication dated April 27,
1971 from the Department of Law, submitted pursuant to council resolution
#204-71, transmitting for Council acceptance a Warranty Deed, dated
April 26, 1971, executed by James K. Wilkinson and Emma I. Wilkinson, his
wife, conveying:
That park of the Northwest 1/4 of Section 11, Town
1 South, Range 9 East, City of Livonia, Wayne County,
Michigan, described as beginning at a point distant
North 89 degrees 52 minutes 50 seconds West along the
East and West 1/4 section line 579.40 feet; thence North
0 degrees 05 minutes 50 seconds West 556.59 feet from
the center 1/4 corner of Section 11; and proceeding thence
North 0 degrees 05 minutes 50 seconds West 285.0 feet
thence South 89 degrees 59 minutes 55 seconds West along
the South line of Pickford Avenue 125 feet, thence South
0 degrees 05 minutes 50 seconds East 285.0 feet; thence
North 89 degrees 59 minutes 55 seconds East 125 feet to
the point of beginning. (Bureau of Taxation Parcel 11H11a2)
the Council does herein for and in behalf of the City of Livonia accept the
aforesaid Warranty Deed and the City Clerk is herein requested to have
the same recorded in the Office of the Wayne County Register of Deeds and
to do all other things necessary or incidental to the full performance
of this resolution, further, the City Assessor is hereby requested to do
all things necessary to have the subject property removed from the tax
roll as being city owned and exempt.
A roll call vote was taken on the foregoing resolution with the following result:
AYES : McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS : None.
By Councilman Milligan, seconded by Councilman Bennett, it was
#451-71 RESOLVED, that having considered a communication dated April 30,
1971 from the Department of Law transmitting for acceptance a Grant of
Easement dated April 20, 1971 executed by Curtis Building Company by its
president Jacob Menuck and its secretary-treasurer Allen Menuck, said
easement being more particularly described as:
Beginning at a point on the North line of Six Mile Rd.
(120 ft. wd.) distant N. 1° 01' 05" W. 60.01 ft. along
the East line of Sec. 8 from the S. E. corner of Sec. 8,
T. 1 S., R. 9 E., thence N. 89° 59' 20" W, 43.01 ft.
along the N. line of Six Mile Road; thence N. 10 01' 05"
12140
W. 34.01 ft. ; thence on a curve to the right 283.63 ft.
having a radius of 483.00 ft. and central angle of 33° 38'
43"; thence on a curve to the left 287.74 ft., having a
radius of 490.00 ft. and central angle of 33° 38' 43"; thence
N. 1° 01' 05" W. 191.90 ft., thence on a curve to the left
261.67 ft., having a radius of 540.00 ft. and central angle
of 27° 45' 49"; thence N. 28° 46' 54" W. 216.46 ft. to a
point 43.00 ft. west of the East line of Sec. 8; thence
parallel to the Sec. line N. 1° 01' 05" W. 1376.39 ft. to
the E. & W. 1/4 line of Sec. 8; thence along said 1/4 line
N. 89° 33' 10" E. 43.00 ft. to the E. 1/4 corner of Sec. 8;
thence along the East line of Sec. 8, S. 1° 01' 05" E. 1075.97
ft.; thence N. 88° 58' 55" E. 43.00 ft. ; thence S. 1° 01' 05"
E. 170.00 ft.; thence on a curve to the left 213.21 ft. having
a radius of 440.00 ft. and a central angle of 27° 45' 49",
thence S. 28° 46' 54" E. 86.47 ft. ; thence on a curve to the
right 303.34 ft., having a radius of 626.00 ft. and a central
angle of 27° 45' 49"; thence S. 1° 01' 05" E. 191.90 ft.;
thence on a curve to the right 338.24 ft., having a radius of
576.00 ft., and a central angle of 33° 38' 43"; thence on a
curve to the left 233.13 ft. , having a radius of 397.00 ft.
and a central angle of 33° 38' 43"; thence S. 1° 01' 05" E.
34 ft. more or less to the North line of Six Mile Road, thence
West along said line 43 ft. more or less to the point of
beginning.
(purpose: for the installation of a sanitary sewer,
water main and other utilities, in connection with
the development of Nottingham Woods Subdivision)
the Council does herein for and in behalf of the City of Livonia accept
the aforesaid Grant of Easement and the City Clerk is herein requested
to have the same recorded in the Office of the Wayne County Register of
Deeds and to do all other things necessary or incidental to the full
performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS : None.
By Councilman Milligan, seconded by Councilman Bennett, it was
#452-71 RESOLVED, that having considered a letter dated April 23, 1971
from the Dept. of Law transmitting for Council acceptance a Quit Claim Deed,
submitted pursuant to council resolution #267-71, which conveyance is more
particularly described as.
1. Quit Claim Deed dated February 22, 1971 executed by
A. Z. Shmina & Sons Co., a Michigan Corporation, by
A. A. Shmina, President, and Fletcher R. Armstrong,
Secretary-Treasurer, conveying.
12141
The West 60 feet of that part of. the N. W. 1/4 of Section 29,
T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan,
described as beginning at a point on the W. line of said
section distant S. 0° 16' 03" W, 450.0 ft. from the N. W.
corner of Section 29 and proceeding thence S. 89° 28' 10"
E, 1013.0 ft. , thence S. 0° 16' 03" W, 300.0 ft. ; thence
N. 89° 28' 10" W, 1013.0 ft. to the W. line of said Section,
thence N. 0° 16' 03" E. along said W. line 300.0 ft. to the
point of beginning. (Bureau of Taxation Parcel 29K1a9)
right-of-way on Newburgh Road)
the Council does herein for and in behalf of the City of Livonia accept
the aforesaid Quit Claim Deed and the City Clerk is herein requested to
have the same recorded in the Office of the Wayne County Register of Deeds
and to do all other things necessary or incidental to the full performance
of this resolution, further, the City Assessor is hereby requested to do
all things necessary to have the subject right-of-way removed from the
tax rolls as being city owned and expempt.
A roll call vote was taken on the foregoing resolution with the following result•
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#453-71 RESOLVED, that having considered a communication dated May 3,
1971 from William N. Ponder, Attorney for Gary Goldberg, which in
accordance with the provisions of Section 19.08 of Ordinance No. 543, as
amended, the Zoning Ordinance, takes an appeal from a determination made
on April 27, 1971 by the City Planning Commission in its resolution No.
4-112-71 with regard to Petition No. 71-3-2-12 submitted by Gary Goldberg
requesting permission to construct an International House of Pancakes
Restaurant as a waiver use on property zoned C-2 and located on the east
side of Middlebelt Road between St. Martins and Bretton in the Southwest
1/4 of Section 1, the Council does hereby designate Monday, June 28, 1971
at 8:00 P. M. as the date and time for conducting a Public Hearing with
regard to this matter, such hearing to be held at the City Hall, 33001 Five
Mile Road, Livonia, Michigan, and the City Clerk is hereby requested
to do all things necessary in order to give proper notice in writing as
well as by the publication of a notice in the City's official newspaper
of such hearing and the date and place thereof in compliance with the
requirements set forth in Ordinance No. 543, as amended, the Zoning
Ordinance of the City of Livonia.
By Councilman Ventura, seconded by Councilman Raymond, it was
12142
L #454-71 RESOLVED, that having considered a communication dated April 27,
1971 from Boron Oil Company which in accordance with the provisions of
Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance,
takes an appeal from a determination made on April 20, 1971 by the City
Planning Commission in its resolution No. 4-95-71 with regard to Petition
No. 71-3-2-7 submitted by Boron Oil Company requesting permission to
construct and operate a service station as a waiver use on property zoned
C-2 and located on the southwest corner of Seven Mile Road and Farmington
Road in the Northeast 1/4 of Section 9, the Council does hereby designate
Monday, June 28, 1971 at 8.00 P. M. as the date and time for conducting
a Public Hearing with regard to this matter, such hearing to be held at
the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Clerk
is hereby requested to do all things necessary in order to give proper
notice in writing as well as by the publication of a notice in the City's
official newspaper of such hearing and the date and place thereof in
compliance with the requirements set forth in Ordinance No. 543, as
amended, the Zoning Ordinance of the City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result.
AYES : Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS : McCann.
L The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Brown, and unanimously
adopted, it was
#455-71 RESOLVED, that having considered a communication dated February
24, 1971 from the City Planning Commission, which transmits its resolution
No. 2-38-71 adopted by the CommiC3ion on February 23, 1971 with regard to
Petition No. 71-1-2-1 submitted by Mobil Oil Company requesting permission
to construct a three-bay service station as a waiver use on property
zoned C-2 located on the northeast corner of Schoolcraft and Middlebelt
Roads in the Southwest 1/4 of Section 24, the Council does hereby concur
in the recommendation made by the City Planning Commission and Petition
No. 71-1-2-1 is hereby denied for the same reasons as those set forth
in the aforesaid communication.
The communication dated April 12, 1971 with respect to Petition M-204 of
J. M. Crenshaw for operating Outdoor Sales on Lots #1 through #7 in Section 1, was
received and filed for the information of the Council.
Councilman Ventura gave first reading to the following Ordinance.
L AN ORDINANCE AMENDING SECTION 24 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO. 543,
AS AMENDED, KNOWN AND CITED AS THE "CITY OF
LIVONIA ZONING ORDINANCE," BY ADDING SECTION
3. THERETO. RE. PETITION NO. 70-10-1-40 FOR
CHANGE OF ZONING FROM C-1 TO C-2.
12143
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
By Councilman Raymond, seconded by Councilman Milligan, it was
##456-71 RESOLVED, that having considered the report and recommendation
dated January 4, 1971 from the City Planning Commission which sets forth
its resolution No. 12-136-70 in regard to Petition No. 70-11-1-43
submitted by Richard E. Gabel and Edward C. Levy for a change of zoning
on property located north of Schoolcraft and west of Farmington Road in
the Southwest 1/4 of Section 21, from R-2 to R-7, and the Council having
conducted a public hearing with regard to this matter on March 8, 1971
pursuant to Council resolution No. 71-71, the Council does hereby reject
the recommendation of the Planning Commission and the said Petition No.
70-11-1-43 is hereby approved and granted, and the City Planner is hereby
instructed to cause the necessary map for publication to be prepared
indicating the zoning change herein approved and to furnish the same to
the Department of Law and, upon receipt of such map, the Department of
Law is requested to prepare an ordinance amending Ordinance No. 543, as
amended, in accordance with this resolution.
By Councilman McCann, seconded by Councilman Bennett, it was
RESOLVED, that having considered the report and recommendation
dated January 4, 1971 from the City Planning Commission which sets forth
its resolution No. 12-136-70 in regard to Petition No. 70-11-1-43
submitted by Richard E. Gabel and Edward C. Levy for a change of zoning
on property located north of Schoolcraft and west of Farmington Road in
the Southwest 1/4 of Section 21, from R-2 to R-7, and the Council having
conducted a public hearing with regard to this matter on March 8, 1971
pursuant to Council resolution No. 71-71, the Council does hereby refer
this matter to the next Study Meeting.
A roll call vote was taken on the foregoing resolution with the following result.
AYES . McCann, Bennett alld Nash.
NAYS : Brown, Ventura, Raymond and Milligan.
The President declared the resolution denied.
A roll call vote was taken on the original resolution with the following result
lir AYES: Brown, Ventura, Raymond and Milligan.
NAYS: McCann, Bennett and Nash.
The President declared the resolution adopted.
12144
By Councilman Ventura, seconded by Councilman Raymond, it was
RESOLVED, that having considered the report and recommendation
dated March 2, 1971 from the City Planning Commission which sets forth
its resolution No. 2-36-71 in regard to Petition No. 71-1-1-4 submitted
by Salvatore and Lucille Provenzola for a change of zoning on property
located on the south side of Sunnydale Avenue between Middlebelt Road and
Alexander in the Southwest 1/4 of Section 13, from RUF to R-1, and the
Council having conducted a public hearing with regard to this matter on
April 26, 1971 pursuant to Council resolution No. 241-71, the Council does
hereby reject the recommendation of the Planning Commission and the said
Petition No. 71-1-1-4 is hereby approved and granted.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Brown, Ventura and Raymond.
NAYS McCann, Bennett, Milligan and Nash.
The President declared the resolution denied.
By Councilman Bennett, seconded by Councilman McCann, it was
#457-71 RESOLVED, that having considered the report and recommendation
dated March 2, 1971 from the City Planning Commission which sets forth
its resolution No. 2-36-71 in regard to Petition No. 71-1-1-4 submitted
by Salvatore and Lucille Provenzola for a change of zoning on property
located on the south side of Sunnydale Avenue between Middlebelt Road and
Alexander in the Southwest 1/4 of Section 13, from RUF to R-1, and the
Council having conducted a public hearing with regard to this matter on
April 26, 1971 pursuant to Council resolution No. 241-71, the Council does
hereby concur in the recommendation of the Planning Commission and the
said Petition No. 71-1-1-4 is hereby denied for the same reasons as those
set forth in the action taken by the Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result•
AYES: McCann, Bennett, Brown, Raymond, Milligan and Nash.
NAYS : Ventura.
The President declared the resolution adopted.
Councilman Ventura gave first reading to the following Ordinance:
AN ORDINANCE VACATING PC}TIONS OF
STREET, ALLEY AND PUBLIC GROUND.
(Petition No. 71-1-3-1)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
12145
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Ventura gave first reading to the following Ordinance .
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
(Petition No. 70-10-3-8)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
By Councilman Bennett, seconded by Councilman McCann, and unanimously
adopted, it was
#458-71 RESOLVED, that having considered Petition No. 71-5-3-2 submitted
by Raymond E. Wild, received in the City Clerk's office on May 3, 1971,
wherein request is made for the vacating of a certain easement located in
the City of Livonia, Wayne County, Michigan, the Council does hereby
determine to refer the same to the City Planning Commission for action
and recommendation in accordance with provisions of Law and City Ordinance.
By Councilman Bennett, seconded by Councilman Milligan, and unanimously
adopted, it was
#459-71 RESOLVED, THAT THE City Engineer having filed with the City Clerk
a statement dated August 19, 1970 on all matters required by Section 2-506
of the Livonia Code of Ordinances, as amended, and a first public hearing
having been held thereon on April 26, 1971, after due notice as required
by Section 2-507 of said Code, and after careful consideration having been
given to all such matters, the Council does hereby, pursuant to Section
2-508 of said Code,
(1) accept and approve said statement in all respects;
(2) determine to make the improvement of sidewalks on Newburgh Road
between Schoolcraft and Seven Mile Roads in Sections 8, 17, 18
and 19, T. 1 S. , R. 9 E. , 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 proportion to the benefits derived or to be derived;
(3) approve the plans and specifications for said improvement as
set forth in said statement dated August 17, 1971;
12146
(4) determine that the estimated cost of such improvement is S43,500.00;
(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,
(6) that the proportion of the cost and expense of said improvement
to be borne and paid by the City shall be $2,821.92 and that the
balance of said cost and expense of said public improvement
amounting to $40,678.08 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 five (5) annual installments together with interest thereon
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 those parts of
Sections 8, 17, 18 and 19, T. 1 S., R. 9 E., City of
L Livonia, Wayne County, Michigan, being more parti-
cularly described as containing the following parcels of
land:
S. W. 1/4 of Section 8
8H2a,H2bla; 8H2b2al; 8H2b2b1; 8H2b2cl; 8Hla,H2b3;
0811; 8d1, 8d126; 8d106, 8d105 of Gold Manor Subdivision
as recorded in Liber 90, Pages 96, 97 and 98 of Wayne
County Records, 8J2ala, 8Jlb, 8Jlala
N. W. 1/4 of Section 17
17F; 17F2b1a; 17F3a; 17F4a; 17t215; 17t216, 17t247,
17t248 of Kingsbury Heights Subdivision #3 as recorded
in Liber 90, Pages 12, 13 and 14 of Wayne County Records,
17E1b2,E2b,H1b,H2a; 17j355; 17j354; 17j353 of Country
Homes Estates Subdivision #2 as recorded in Liber 87,
Pages 59 and 60 of Wayne County Records, 1712a1;
17K1a,K2a1; 17L1a,L2a1 and 17e0LA of Wayne County Records;
S. E. 1/4 of Section 18
18D1a; 18D2a; 18M3a1
N. E. 1/4 of Section 19
19A2a1a; 19A2a1b1; 19A2a2,A3a of Wayne County Records,
Lots 1; 2 & 3, 4; 5; 6 & 7; 8;9; 10; 11; 12 & 13; 14; 15;
16; 17; 18, 19; 20, 21 of Zimmerman & Porter's School-
craft Estates Subdivision as recorded in Liber 68, Page
73 of Wayne County Records;
12147
(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
(10) that upon the completion of said roll the City Assessor shall
attach thereto the certificate required by the provisions of Section
2-510 of the Livonia Code of Ordinances, 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
2-511 of the said Code.
By Councilman Brown, seconded by Councilman Ventura, it was
#460-71 WHEREAS, the City of Livonia has approximately 100 miles of
unimproved gravel and sealcoat residential roads both with and without
adequate storm drainage, and
WHEREAS, such roads cannot be maintained in satisfactory year-
round condition without a disproportionate expense to the D.P.W. and in
turn to the general fund of the City budget, and
WHEREAS, such roads are located in many different areas of
the City that have varying traffic conditions and various types of lot
size, making it impossible to design a single type road improvement
that will meet the needs of each and every neighborhood, and
WHEREAS, the City Council is in receipt of reports from the
D.P.W. which emphasizes the fact that 69.08% of our residents either
are already in the process of or have completed paying special assess-
ments for road improvements on their residential streets, and
WHEREAS, the Council is in receipt of reports that show that
22.99% of our residential roads that remain unimproved represent a
disproportionate percentage of our total road improvement fund allotted
each year for road maintenance from our general fund, and
WHEREAS, the City Council recognizes our responsibility to
the total community and our responsibility to give equal attention to
the maintenance of permanently improved residential roads as well as
unimproved residential roads, and
WHEREAS, the City Council recognizes our responsibility to
plan for the maintenance of permanently improved roads that, although
permanently improved, still require maintenance in increasing
proportions as time passes on, and
12148
WHEREAS, the D.P.W. indicates that approximately 35% of our
residential streets are unimproved but represent 63% of the workload and
cost of our road maintenance costs above and beyond the normal
maintenance all roads receive, and
FURTHER, that the improved roads represent approximately
65% of our residential roads but represent only 37% of the cost above
and beyond normal maintenance provided to all streets,
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
adopts the following policy regarding the permanent improvement of
the many unimproved residential roads within our City•
1. That in those areas where the majority of the
people desire to retain their rural atmosphere and
where the type of road construction will affect the
esthetic beauty and atmosphere of the area, the road
will be constructed of either deep strength asphalt or
the base stabilization process. The question of road
width and curbs to be dependent upon the traffic and
necessary parkin3 requirements as defined by our
D.P.W. and Engineering Department for the parti-
cular area or subdivision under consideration.
2. That the permanent improvement not be con-
sidered until adequate storm drainage is installed
except those areas where storm drainage and per-
manent improvement may be accomplished simultaneously.
3. That in those subdivisions where the majority of
existing permanently improved roads are the standard
31' concrete, the road in question will be constructed
of 31' concrete depending upon the availability of
adequate storm drainage.
4. That existing one-half mile roads that carry more
traffic than is normally expected on residential
streets, and that are in fact through streets, be
constructed of not less than the process known as
deep strength asphalt or concrete.
5. That the Engineering Division be directed to
survey such areas and in such locations where the
cost of the forms of improvement would be excessive
because of the lack of trunk storm sewers, that
the En„,'n_eering Division be directed to present to
the Council recommendations that said storm trunk
sewers be installed under the provisions of Chapter
20 of the Drain Code, at an at large assessment
basis, thereby equalizing as much as possible the
cost per front foot to be assessed against the
abutting private property, for the various type
12149
of improvement, that the Engineering Division continue
to present to the Council its recommendations of special
assessment street paving projects, particularly in those
areas where the need for a permanent street improvement is
urgently necessary.
6. And Further, that in all cases the Engineering Division
shall take the following into consideration when preparing
a recommendation•
(1) Traffic Volumes (present and projected)
(2) Type of Traffic (Bus Route, degree of
residential and other)
(3) Type of street (dead end, through, half-
mile road, entrance road, etc. )
(4) Residential set back line
(5) Off street parking facilities
(6) Sidewalk needs (present and future)
(7) Need for curbs
(8) Type of paving on surrounding streets
7. And Further, that the improvment and paving of residential
streets by concrete, deep strength asphalt or the base
stabilization process constitutes an attempt to provide a
permanent improvement of varying durations and anticipated
usefulness at the end of which a new improvement and repaving
financed by the special assessment procedure would be
required.
AND FURTHER, when the area of a proposed road improvement is
applicable under the provisions of this policy, the Engineering Depart-
ment is directed to supply the approximate cost of all three types of
road improvement at the time of a public hearing of necessity, thereby,
providing as much information to those particular residents in the
special assessment district as is possible and eliminating the possibility
of confusion as to what is available for their particular area.
BE IT FURTHER RESOLVED, that Council Resolution No. 78-66 be
rescinded as being no longer applicable as a policy of the City of
Livonia.
A roll call vote was taken on the foregoing resolution with the following result
AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash.
NAYS• Milligan.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Bennett, it was
12150
#461-71 RESOLVED, that having considered a communication from the Parks
and Recreation Commission dated March 10, 1971 approved by the Budget
Director and approved for submission by the Mayor, with respect to the
construction of a four-foot cyclone fence to enclose a lighted baseball
diamond at Ford Field, the Council does hereby authorize the transfer of
the sum of $300.00 from Account No. 596-545-60.01 to Account No.
596-545-970 for the purpose of providing additional funds for the purpose
of purchasing materials with respect to this item.
A roll call vote was taken on the foregoing resolution with the following result :
AYES : McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Raymond, it was
RESOLVED, that having considered the letters from the Michigan
Liquor Control Commission dated May 5, 1971 and April 8, 1971, and the
report and recommendation of the Acting Chief of Police dated May 3, 1971
in connection therewith, the Council does hereby approve of the request
from Dandy Drug Pic 'N' Save, Incorporated for transfer of ownership of
a 1970-71 SDD License only from Cunningham Drug Stores, Incorporated, and
transfer of location from 7300 Grand River, Detroit, Michigan, to be held
in conjunction with an existing SDM License at the proposed location of
37980 Ann Arbor Road, Livonia, Michigan; and the City Clerk_is hereby
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission.
By Councilman Raymond, seconded by Councilman Bennett, and unanimously
adopted, it was
#462-71 RESOLVED, that having considered the letters from the Michigan
Liquor Control Commission dated May 5, 1971 and April 8, 1971, and the
report and recommendation of the Acting Chief of Police dated May 3, 1971
in connection therewith relative to the request from Daffy Drug Pic 'N'
Sav, Incorporated for transfer of ownership of a 1970-71 SDD License only
from Cunningham Drug Stores, Incorporated, and transfer of location from
7300 Grand River, Detroit, Michigan, to be held in conjunction with an
existing SDM License at the proposed location of 37980 Ann Arbor Road,
Livonia, Michigan, the Council does hereby determine to refer the same to
the Study Session to be conducted on June 7, 1971.
By Councilman Raymond, seconded by Councilman Ventura, it was
#463-71 RESOLVED, that having considered a communication from the
Personnel Director dated April 23, 1971, approved by the Budget Director
and approved for submission by the Mayor, which transmits a resolution
adopted by the Civil Service Commission on April 6, 1971, the Council does
hereby concur in and approve of the recommendation made by the Civil Service
Commission relative to improved Life Insurance and improved Weekly
Indemnity Benefits for employees of the City of Livonia, such benefits
12151
having previously been approved by the Council and the Civil Service
Commission, the Council does hereby determine that with respect to the
two Amendments to the City's Life Insurance Policy recommended for
approval by the Civil Service Commission to concur in and approve of the
same in the manner detailed in the aforesaid communication, and the Mayor
and City Clerk are hereby authorized to do all things necessary to
execute in behalf of the City of Livonia such documents that are required
to implement the purpose of this resolution.
A roll call vote was taken on the foregoing resolution with the following result•
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman Milligan, seconded by Councilman McCann, it was
#464-71 RESOLVED, that having considered a communication from the
Department of Law dated March 26, 1971 and approved for submission by the
Mayor, with regard to the proposed acquisition, for use as a park site,
of approximately 19.83 acres of land located south of the Alfred Noble
Library and the Shelden Shopping Center in Section 34, which is presently
owned by the Shelden Land Company, the Council does hereby authorize the
Department of Law to employ a second expert appraiser for the purpose of
obtaining an appraisal of the aforesaid property and for this purpose the
Council authorizes the expenditure of a sum not to exceed $500.00 from
the 4.4 Million Dollar Park and Recreational Facilities General Obligation
Bond Issue; further, the Council does hereby request the City Clerk and
City Treasurer to do all things necessary or incidental to fulfill the
purpose of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES : McCann, Bennett, Brown, Raymond, Milligan and Nash.
NAYS: Ventura.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Brown, it was
#465-71 WHEREAS, the City of Livonia is in urgent need of completing
certain public sidewalk installations on the west side of Harrison Avenue,
north of Joy Road in Section 36 in the City of Livonia, Wayne County,
Michigan; and
WHEREAS, this Council finds that it is necessary to immediately
undertake the sidewalk improvement program in this area (the same being
a continuation and completion of an existing sidewalk which runs north
and south on the west side of Harrison Avenue) as a matter of public
safety and public convenience and for the public welfare generally; and
WHEREAS, the Council further finds that the acquisition of certain
rights-of-way as hereinafter further described, is indispensable to the
accomplishment of the aforesaid sidewalk improvement; and
12152
WHEREAS, the City Engineer has recommended that certain sections
of sidewalk be installed on the west side of Harrison Avenue, north of
Joy Road, in order to provide continuous walks within this area, and has
presented sketches which have been approved by this Council,
NOW, THEREFORE, BE IT RESOLVED, that this Council for the City of
Livonia, Wayne County, Michigan, a Michigan Municipal Corporation, hereby
declares that the acquisition of certain rights-of-way as hereinafter
described is necessary and essential for the installation of public side-
walks on the west side of Harrison Avenue, north of Joy Road, which
rights-of-way are necessary for a public improvement for the use and
benefit of the public, for the purpose of its incorporation, and for a
public purpose within the scope of its powers, and the City Council for
the City of Livonia does hereby declare that it deems it necessary to take
the fee to the following described property upon compensation to be paid
therefor for such public improvement, to wit
the installation of public sidewalks on the west
side of Harrison Avenue, north of Joy Road,
and that the property required for said rights-of-way is more particularly
described as follows
Parcel #1
The east 10 feet of the following described parcel.
The north 100 feet of the south 300 feet of the east
4 acres of the south 1/2 of the southwest 1/4 of
Section 36, T. 1 S., R.9 E. , City of Livonia, Wayne
County, Michigan, except the east 33 feet thereof.
Parcel #2
The east 10 feet of the following described parcel-
The N. 140 feet of the S. 200 ft. of the east
4 acres of the south 1/2 of the S. W. 1/4 of
Section 36, T. 1 S., R. 9 E., City of Livonia
Wayne County, Michigan, except the east 33
feet thereof, also except the west 35 ft. thereof.
BE IT FURTHER I.JSOLVED, that the Department of Law of the City
of Livonia be and is hereby authorized and directed to institute and
conduct the necessary proceedings in behalf of the City of Livonia in the
Circuit Court for the County of Wayne, State of Michigan (that being the
County where the private property sought to be taken is located), to
carry out the objects of this resolution and to acquire by condemnation
for the City of Livonia the private property hereinbefore described for
the purpose of acquiring rights-of-way ten (10) feet in width in order to
construct and extend public sidewalks on the west side of Harrison Avenue,
north of Joy Road, as a necessary and authorized public improvement, and
that said proceedings be brought in accordance with the provisions of the
statutes of the State of Michigan provided therefor, and more particularly
Act 149 of the Public Acts of 1911, as amended (being M.S.A. Section 8.11
et. seq. , as amended),
12153
BE IT FURTHER RESOLVED, that the cost of the acquisition of this
property shall be financed from the General Fund of the City of Livonia,
such amounts as may be used in this regard being an advance from the
proceeds of a special assessment district to be established for the purpose
of defraying the cost of the proposed improvement.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Brown, it was
#466-71 RESOLVED, that having considered a' communication from the
Department of Law, dated March 17, 1971, with respect to the following
described property:
Parcel #1
The east 10 feet of the following described parcel:
The north 100 feet of the south 300 feet of the
east 4 acres of the south 1/2 of the southwest 1/4
of Section 36, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, except the east 33 feet
thereof.
Parcel #2
The east 10 feet of the following described parcel:
The N. 140 feet of the S. 200 ft. of the east
4 acres of the south 1/2 of the S. W. 1/4 of
Section 36, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, except the east 33 feet
thereof, also except the west 35 ft. thereof.
for the construction of public sidewalks on the west side of Harrison
Avenue, north of Joy Road, and the necessity that appraisers be retained
to determine the fair market value of such property, the Council does
hereby determine that the Department of Law is authorized and directed
to retain two appraisers to determine the fair market value of the
property to be acquired, and the City Clerk is hereby authorized and
directed to pay said appraisers, upon notification by the Department of
Law that the appraisals have been received, further, the sum of $1,100.00
is hereby authorized as an advance from the General Fund for this purpose,
such sum to be reimbursed from the proceeds of a special assessment
district to be established for this purpose, and the City Clerk and City
Treasurer are hereby requested to do all things necessary or incidental
to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS• None.
12154
By Councilman Bennett, seconded by Councilman Raymond, it was
#467-71 RESOLVED, that having considered a communication from the City
Engineer dated April 6, 1971, approved by the Director of Public Works
and approved for submission by the Mayor, with regard to final billings
in connection with the installation of certain traffic signals, the Council
does hereby authorize the expenditure of the sum of $399.10 from the 9.8
Million Dollar Street and Road General Obligation Bond Issue for the
purpose of making Final Payment to the Wayne County Road Commission with
respect to the installation of Traffic Signals at the following locations :
Middlebelt & Industrial Road
Newburgh and Six Mile Road
Newburgh and Seven Mile Road,
and the City Clerk and City Treasurer are hereby requested to do all
things necessary or incidental to fulfill the purpose of this resolution.
A roll call vote was taken on the foregoing resolution with the following result .
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS : None.
By Councilman McCann, seconded by Councilman Bennett, it was
RESOLVED, that having considered the report and recommendation
dated February 9, 1971 from the City Planning Commission which sets forth
its resolution No. 1-18-71 in regard to Petition No. 71-1-1-1 initiated
by Council resolution No. 1211-70 pursuant to Section 23.01(a) of
Ordinance No. 543, the Zoning Ordinance of the City of Livonia, as amended,
for a change of zoning on property located on the northwest corner of
Farmington Road and Seven Mile Road in the Southeast 1/4 of Section 4,
from C-2 to P.S. , and the Council having conducted a public hearing with
regard to this matter on May 10, 1971, pursuant to Council resolution No.
171-71, the Council does hereby reject the recommendation of the Planning
Commission and the said Petition No. 71-1-1-1 is hereby approved and
granted; and the City Planner is hereby instructed to cause the necessary
map for publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and, upon
receipt of such map, the Department of Law is requested to prepare an
ordinance amending Ordinance No. 543, as amended, in accordance with this
resolution.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: McCann and Bennett.
NAYS: Brown, Ventura, Raymond, Milligan and Nash.
LThe President declared the resolution denied.
12155
By Councilman Ventura, seconded by Councilman Brown, it was
##468-71 RESOLVED, that having considered the report and recommendation
dated February 9, 1971 from the City Planning Commission which sets forth
its resolution No. 1-18-71 in regard to Petition No. 71-1-1-1 initiated
by Council resolution No. 1211-70 pursuant to Section 23.01(a) of
Ordinance No. 543, the Zoning Ordinance of the City of Livonia, as amended,
for a change of zoning on property located on the northwest corner of
Farmington Road and Seven Mile Road in the Southeast 1/4 of Section 4,
from C-2 to P.S., and the Council having conducted a public hearing with
regard to this matter on May 10, 1971, pursuant to Council resolution
No. 171-71, the Council does hereby concur in the recommendation of the
Planning Commission and the said Petition No. 71-1-1-1 is hereby denied
for the same reasons as those set forth in the action taken by the
Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result'
AYES: Brown, Ventura, Raymond, Milligan and Nash.
NAYS* McCann and Bennett.
The President declared the resolution adopted.
By Councilman Raymond, seconded by Councilman McCann, it was
RESOLVED, that having considered the report and recommendation
dated February 9, 1971 from the City Planning Commission which sets forth
its resolution No. 1-18-71 in regard to Petition No. 71-1-1-1 initiated
by Council resolution No. 1211-70 pursuant to Section 23.01(a) of Ordinance
No. 543, the Zoning Ordinance of the City of Livonia, as amended, for a
change of zoning on property located on the northwest corner of Farmington
Road and Seven Mile Road in the Southeast 1/4 of Section 4, from C-2 to
P.S., and the Council having conducted a public hearing with regard to
this matter on May 10, 1971, pursuant to Council resolution No. 171-71,
the Council does hereby determine to refer this matter back to the City
Planning Commission for the purpose of conducting a public hearing on its
own motion on the question of whether or not the subject property should
be rezoned from C-2 to C-1 and thereafter submit its report and recommenda-
tion to Council in accordance with provisions of Law and City Ordinance.
A roll call vote was taken on the foregoing resolution with the following result:
AYES : McCann and Raymond.
NAYS : Bennett, Brown, Ventura, Milligan and Nash.
The President declared the resolution denied.
By Councilman McCann, seconded by Councilman Raymond, it was
12156
RESOLVED, that having considered a communication from the City
Planning Commission dated February 26, 1971, which transmits its resolu-
tion No. 2-42-71, adopted by the Commission on February 23, 1971 with
regard to Petition No. 71-2-8-1 requesting site plan approval for a K-Mart
development proposed to be constructed on the northwest corner of
Farmington Road and Seven Mile Road in the Southeast 1/4 of Section 4,
(which petition has been submitted in connection with Petition No.
68-4-1-10 previously approved by the City Planning Commission and the
City Council), the Council does hereby reject the recommendation of the
Planning Commission and the said Petition 71-2-8-1 is hereby denied.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann and Raymond.
NAYS: Bennett, Brown, Ventura, Milligan and Nash.
The President declared the resolution denied.
By Councilman Brown, seconded by Councilman Milligan, it was
#469-71 RESOLVED, that having considered a communication from the City
Planning Commission dated February 26, 1971, which transmits its resolu-
tion No. 2-42-71, adopted by the Commission on February 23, 1971 with
regard to Petition No.71-2-8-1 requesting site plan approval for a K-Mart
development proposed to be constructed on the northwest corner of
Farmington Road and Seven Mile Road in the Southeast 1/4 of Section 4,
(which petition has been submitted in connection with Petition No.
68-4-1-10 previously approved by the City Planning Commission and the City
Council), the Council does hereby, pursuant to provisions set forth in
Section 11.03 of Ordinance No. 543, as amended, concur in the recommenda-
tion of the Planning Commission and Petition No. 71-2-8-1 is hereby
approved, such approval to be contingent upon compliance with the following
conditions-
(1) That Site Plan 611A-1 prepared by Leonard Siegal and
Associates, as the same modified K-Mart Site Plan
Project #7082 prepared by Law and Associates, shall
be adhered to.
(2) That building elevations as shown on Building Plans
611A-4 shall be adhered to.
(3) That a landscape planting plan shall be submitted to
the City Planning Commission for approval before
issuance of a building permit.
(4) That all landscape material as shown on the approved
Landscape Plan shall be installed before issuance of a
Certificate of Occupancy.
(5) That all landscape material installed shall be permanently
maintained.
12157
(6) That this Site Plan approval is conditioned upon the
rezoning and construction of specialty shops and stores
on property located adjacent to the site on the west and
presently zoned P.S., the development of such property
being an integral part of the consideration and approval
of this Site Plan of the subject property, and should such
rezoning and construction not take place, this Site Plan
shall be null and void; and further, approval of this Site
Plan shall not, in any way, imply approval of such proposed
rezoning.
(7) That the area located at the southeast corner of the site,
60' x 160' in size, and as shown on the Site Plan as open
space, shall be conveyed to the City of Livonia, with the
proviso that the grantor shall continue at all times to
maintain and keep the same landscaped in an attractive
manner.
(8) That there shall not at any time be permitted outside
storage or display of merchandise.
(9) That notwithstanding ordinance provisions to the contrary,
free standing advertising signs shall not be permitted on
the site.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: McCann.
The President declared the resolution adopted.
*At 11:13 p. m., a recess was called, after which the meeting resumed with
all members present who were named as present at the original roll call, with the
exception of Councilman Raymond and Councilman Bennett.
By Councilman Ventura, seconded by Councilman Brown, and unanimously
adopted, it was
#1+70-71 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 Ventura, seconded by Councilman Milligan, it was
#471-71 RESOLVED, that having considered a communication from the Depart-
ment of Law dated March 9, 1971, approved for submission by the Mayor and
submitted pursuant to Council resolution No. 1221-70, which communication
submits a proposed amendment to the Livonia Code of Ordinances relating
to Bid Requirements, the Council does hereby refer the same to the
Legislative Committee for its report and recommendation.
12158
A roll call vote was taken on the foregoing resolution with the following result
AYES: McCann, Brown, Ventura, Milligan and Nash.
NAYS: None.
*Councilman Raymond and Councilman Bennett returned at 11.30 p. m.
By Councilman Ventura, seconded by Councilman McCann, and unanimously
adopted, it was
#472-71 RESOLVED, that having considered a communication from the City
Planning Commission dated May 4, 1971 which transmits its resolution
No. 4-106-71 adopted by the Commission on April 20, 1971 with regard to
Petition No. 71-4-8-4 requesting site plan approval for proposed develop-
ment located at the northwest corner of Five Mile Road and Brookfield
within the Civic Center area in Section 15, the Council does hereby,
pursuant to provisions set forth in Section 18.47 of Ordinance No. 543,
as amended, concur in the recommendation of the Planning Commission and
Petition No. 71-4-8-4 is hereby approved, such action to be based upon
the same conditions as are set forth in the aforesaid recommendation of the
Planning Commission.
LBy Councilman Ventura, seconded by Councilman Milligan, and unanimously
adopted, it was
#473-71 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 No. 543, as amended, 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 Monday, June 28, 1971
at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia,
Michigan, with respect to the following item.
Petition No. 71-3-1-13 submitted by Leonard E. and
Iris F. Hunter for a change of zoning of property
located on the southwest corner of Middlebelt and
Munger in the Northwest 1/4 of Section 14, from RUF
to C-1, the City Planning Commission having in its
resolution No. 4-94-71 recommended to the City
Council that Petition No. 71-3-1-13 be denied,
further, the City Clerk is hereby requested to no less than fifteen (15)
days prior to the aforesaiddate of said public hearing cause to have a
statement indicating the location of the proposed change of zoning as set
forth above first to be published in the official newspaper of the City
L or a newspaper of general circulation in the City of Livonia as well as
to not less than fifteen (15) 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 further, the City
Clerk is requested to do all other things necessary or incidental to the
full performance of this resolution.
12159
The following resolution was unanimously introduced, supported and adopted:
#474-71 RESOLVED, that having considered a letter dated May 13, 1971,
from Mrs. John Peterson of the Social Committee of Golfview Meadows Civic
Association, and the communication attached thereto, dated May 1, 1971
addressed to the Livonia Police Department, requesting permission to
conduct its annual Memorial Day Bike Parade, the Council does hereby grant
permission to the Golfview Meadows Civic Association to hold its Memorial
Day Bike Parade on Monday, May 31, 1971, between the hours of 1 30 P.M.
and 2:30 P. M., which parade will take place within the interval streets
of the aforesaid subdivision only and in accordance with the parade route
set forth in the aforesaid communication of May 1, 1971; further, the
Council does hereby grant permission to block off Grove Street at Country
Club and also at Park, as requested in the communication of May 1, 1971
and does hereby request the Director of Public Safety-Police to extend all
necessary assistance of the Police Department with respect to all matters
under its jurisdiction which may be required or pertinent to the conduct
and success of the aforesaid parade.
By Councilman Ventura, seconded by Councilman McCann, it was
#475-71 RESOLVED, that having considered the report and recommendation
dated March 25, 1971 from the City Planning Commission which sets forth
its resolution #3-68-71 in regard to Petition No. 71-1-1-3 submitted by
Hyman Gold, Gold Construction Company, for a change of zoning on the north
side of Six Mile Road, east of Newburgh Road, in the Southwest 1/4 of
Section 8, from P.S. to C-2, and the Council having conducted a public
hearing with regard to this matter on May 17, 1971, pursuant to resolution
#299-71, the Council does hereby concur with the recommendation of the
Planning Commission and the said Petition No. 71-1-1-3 is hereby approved
and granted, and the City Planner is hereby instructed to cause the
necessary map for publication to be prepared indicating the zoning change
herein approved and to furnish the same to the Department of Law and, upon
receipt of such map, the Department of Law is requested to prepare an
ordinance amending Ordinance No. 543, as amended, in accordance with this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES. McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Brown, and unanimously
adopted, it was
#476-71 RESOLVED, that having considered a communication from the Mayor,
dated May 18, 1971, with regard to the demolition of the house and
garage located on property referred to as Park Site Z-91 in Section 24,
the Council does hereby authorize the Department of Public Works to do
all things necessary to demolish and tear down the said structures.
12160
By Councilman Bennett, seconded by Councilman Milligan, it was
#477-71 RESOLVED, that having considered a communication from the Mayor,
dated May 19, 1971, to which is attached a communication from Mr. Patrick
J. Duggan, attorney, dated May 13, 1971, submitted in behalf of his
client, Shelden Homes, Inc., as well as a communication dated April 30,
1971 from Mr. William C. Whitbeck, Area Director of the Department of
Housing and Urban Development, the Council does hereby authorize the
acquisition of Park Site DD which is 19.83 acres in size and located south
of Plymouth Road and east of Farmington Road in Section 34, and the legal
description of which is as follows :
That part of the N W 1/4 of Sec. 34 described as
beginning at a point distant S 0° 54' 16" W along
the west section line 786.02 feet and S. 88° 39' 44"
East, 183.93 feet from the N. W. corner of Section
34 and proceeding thence S. 88° 39' 44" East, 112
feet; thence N. 88° 39' 44" W., 232.08 feet; thence
N. 0° 54' 16" E., 434.02 feet; thence S. 88° 39' 44"
E., 123.15 feet, thence N. 1° 18' 46" E., 110.0 feet
to the point of beginning. 2.61 acres.
That part of the N. W. 1/4 of Sec. 34, T. 1 S. , R. 9 E. ,
described as beginning at a point distant S. 0° 54' 16"
W., along the W. section line, 786.02 feet and S. 88°
39' 44" E., 355.93 feet from the N. W. corner of
Section 34 and proceeding thence S. 88° 39' 44" E.,
224 feet; thence S. 1° 18' 46" W. 544.02 feet; thence
N. 88° 39' 44" W., 224 feet, thence N. 1° 18' 46" E.,
544.02 feet to the point of beginning. 2.80 acres.
That part of the N. W. 1/4 of Section 34, T. 1 S.,
R. 9 E., described as beginning at a point distant
S. 0° 54' 16" W. along the West section line 786.02
feet and S. 88° 39' 44" E., 639.93 feet from the
N. W. corner of Section 34 and proceeding thence S.
88° 39' 44" E. , 224 feet, thence S. 1° 18' 46" w.,
544.25 feet, thence N. 88° 39' 44" W., 224 feet;
thence N. 1° 18' 46" E. , 544.02 feet to the point of
beginning. 2.80 acres
Lots No. 1647 to 1662 inclusive, the north 40 feet
of Lot 1704, Lots No. 1705 to 1719 inclusive, Lots
1734 to 1748 inclusive, the north 40 feet of Lot 1749,
the north 40 feet of Lot 1791, Lots 1792 to 1806 in-
clusive, Rosedale Gardens No. 9 Sub.
That the terms and conditions upon which this acquisition is authorized
are as follows •
1. The purchase price shall be in the amount of
$589,000.00.
12161
2. A downpayment shall be made at the time of
closing in the amount of $164,000.00, leaving a
balance due and owing in the amount of
$425,000.00.
3. The method of purchase to be used in connection
with the balance due and owing shall be a promissory
note as secured by a purchase money mortgage,to
be paid over a ten year period, at an interest rate
not to exceed six per cent per annum.
4. That at the time of closing Mr. Warren Shelden, as
an individual, shall make a personal donation to the
City of Livonia of securities listed on the New York
Stock Exchange having a current market value in the
amount of $164,000.00.
5. That the Council does hereby authorize an expenditure
of not to exceed $6997.95 for the proration of 1970
City, School and County Taxes from the date of closing.
6. That for the purpose of implementing this resolution,
the foregoing amounts are hereby authorized to be
expended from the General Fund; provided, however,
that to the extent that a grant-in-aid is received
from the United States of America under the Open Space
Land Program in connection with the acquisition of this
property, and more particularly as a result of approval
of MICR-OSA-148, then to the extent that such federal
assistance is received the same shall be reimbursed to
the proceeds of the aforesaid bond issue.
7. And the Mayor and City Clerk are hereby authorized to
execute in behalf of the City of Livonia said promissory
note as well as purchase money mortgage.
8. And the Mayor, City Clerk, City Treasurer and Depart-
ment of Law are hereby requested to do all things
necessary or incidental to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES : McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman McCann, it was
#478-71 RESOLVED, that having considered a request dated May 19, 1971
from Kenneth J. Morris, President, Federation of Livonia Civic Associations
12162
requesting permission to use Sound Cars within the City of Livonia for the
purpose of informing citizens of the Monday, June 14, 1971 School District
Election, the Council does hereby grant permission for the Federation of
Livonia Civic Associations to operate one (1) sound car within the City
on June 14, 1971 only, such car being a 1971 Cadillac, License LSG 500.
A roll call vote was taken on the foregoing resolution with the following result
AYES: McCann, Bennett, Ventura, Raymond and Milligan.
NAYS: *Brown and **Nash.
The President declared the resolution adopted.
*Councilman Brown made the following statement: My 'no' vote was cast
because I feel that the request asking for five sound cars for a three day period
should have been granted.
**Councilman Nash made the following statement. My 'no' vote is cast
because I am against "sound cars" in general.
By Councilman Raymond, seconded by Councilman Milligan, it was
#479-71 RESOLVED, that having considered a communication from the City
Assessor dated May 17, 1971, approved for submission by the Mayor,
wherein a request is made for an additional appropriation to cover the
cost involved in providing 150 hours of typing in connection with Special
Assessment Districts, the Council does hereby transfer the sum of $468.00
from the Unexpended Fund Balance Account to Budget Account #202-707 for
this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES : Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS• McCann.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman McCann, and unanimously
adopted, this 710th regular meeting of the Council of the City of Livonia was duly
adjourned at 11:50 P. M., May 19, 1971.
I
ADDISON 47. BA4 , lerk.