HomeMy WebLinkAboutCOUNCIL MINUTES 1969-08-06 10691;
MINUTES OF THE SIX HUNDRED FIFTY-SEVENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On August 6, 1969, 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 8:07 P. M. Councilman Ventura delivered the invocation. Roll was
called with the following result: Present--Edward H. McNamara, *Rudolf R. Kleinert,
Peter A. Ventura, Jerry Raymond, Robert E. McCann, Robert F. Nash, and Edward G.
Milligan.
Elected and appointed officials present: Addison W. Bacon, City Clerk;
Harry C. Tatigian, City Attorney; Robert A. Shaw, Director of Public Works; Don Hull,
City Planner; David L. Jones, Water & Sewer Commissioner; Henry Sieferd, City Assessor;
Donald Nicholson, Director of Public Safety; Victor C. Phillips, Budget Director;
William J. Strasser, City Engineer, Michael Vorgitch, Acting Chief of Police; John
Dufour, Superintendent of Parks and Recreation; Virginia Handzlik, Deputy City Clerk;
Carl Demek, Superintendent of Operations; James Miller, Personnel Director; Dan
Andrew, Industrial Coordinator; Donald Heusted, Planning Commission, Robert Bennett,
Zoning Board of Appeals; Carl Pursall, Wayne County Board of Supervisors.
By Councilman Ventura, seconded by Councilman McCann, and unanimously
adopted, it was
#835-69 RESOLVED, that the minutes of the 656th regular meeting of the
Council of the City of Livonia, held July 23, 1969, are hereby approved.
The following resolution was unanimously introduced, supported, and
adopted:
#836-69 WHEREAS, Alice Wonnacott of 29807 Pickford Avenue, Livonia,
Michigan won ten gold, two silver and three bronze medals during
recent European international competition for the physically handicapped
in the World Para-Olympic Games; and
WHEREAS, Alice, a student at Wayne State University, has excelled in the
classroom as well as in athletics; and
WHEREAS, Alice has excelled in athletics despite being confined to a
wheelchair and her example will be an inspiration to others; and
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WHEREAS, by so distinguishing herself, Alice has brought honor and recogni-
tion to her Nation, as well as to her community,
NOW, THEREFORE, BE IT RESOLVED, that in behalf of all of the citizens of
Livonia, the City Council offers its congratulations to Alice Wonnacott
for her singular accomplishments and the Council also takes this means to
sincerely wish Alice every success for her future and hopefully looks for-
ward to her representing our Nation again in athletic competition.
The following resolution was unanimously introduced, supported, and
adopted:
#837-69 WHEREAS, the Council has learned with sorrow of the sudden passing
of Stanton L. Schaefer; and
WHEREAS, our dear friend Stanton Schaefer played a role in Livonia's develop-
ment and growth through his able management of Wolverine Harness Raceway;
NOW THEREFORE BE IT RESOLVED, that having earned the respect and admiration
of all his acquaintances, the Livonia City Council believes it fitting at
this time to record its sorrow for a respected citizen and friend and to
share with his family and community the loss sustained by reason of the
death of Stanton L. Schaefer.
The following resolution was unanimously introduced, supported, and
adopted:
#838-69 WHEREAS, the members of the Livonia City Council have learned with
great sorrow of the sudden passing of Leonard J. Rippler; and
WHEREAS, Leonard J. Rippler was appointed a member of the Board of Canvassers
of this City February, 1964 and served continuously thereafter until his
sudden passing and was a leading and most respected citizen of this
community; and
WHEREAS, Leonard J. Rippler was a citizen that contributed freely of his
time and knowledge to the betterment of his community--held office in the
local Republican Party to which he gave freely of his time and effort and
will be long cherished in our memories;
NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Livonia
believes it fitting and proper to record at this time its affection and
esteem for a beloved and respected friend, and to share with his family
and community the great loss sustained by reason of the death of
Leonard J. Rippler.
By Councilman Milligan, seconded by Councilman Ventura, and unanimously
adopted, it was
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#839-69 RESOLVED, that pursuant to the provisions of Section 38, Act 65
of the Public Acts of Michigan of 1963, as amended, the Council does
hereby appoint Bob R. Whitehead of 34240 Munger Street, Livonia, Michigan
as the Republican representative to the Board of Canvassers of the City of
Livonia to fill the unexpired term of the late Leonard J. Hippler, whose
term was due to expire December 31, 1971.
The President of the Council acknowledged receipt of a communication from
the Mayor, dated August 6, 1969, which vetoed Council Resolution #8]J. -69, adopted at
a regular meeting held July 23, 1969, which approved Petition 69-2-1-2 submitted by
Groesbeck Corporation for a change of zoning in Section 2 from RUF to C-2.
By Councilman Raymond, seconded by Councilman McCann, and unanimously
adopted, it was
#8140-69 RESOLVED, that the Mayor's veto of Council Resolution #8111-69
relative to the approval of Petition 69-2-1-2 submitted by Groesbeck
Corporation for a change of zoning in Section 2 from RUF to C-2 was tabled
until later in the meeting.
The President of the Council acknowledged receipt of a communication from
the Mayor, dated August 6, 1969, which vetoed Council Resolution #809-69 adopted at
a regular meeting held July 23, 1969, relative to District Court appropriations.
By Councilman Ventura, seconded by Councilman Nash, it was
#8111-69 RESOLVED, that having considered the veto by the Mayor, dated
August 6, 1969 of resolution #809-69 adopted by the Council on July 23,
1969, the Council does hereby readopt said resolution #809-69 the same
as if it were word for word repeated herein.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, and Milligan.
NAYS: McNamara.
The President declared the resolution adopted and the Mayor's veto overruled.
By Councilman Raymond, seconded by Councilman Ventura, it was
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#842-69 RESOLVED, that the Council does hereby advise the Mayor that the
District Court is a State Court and is administered by the State Court
Administrator and it is not a Municipal Court.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Milligan, and McNamara.
NAYS: Nash.
The President declared the resolution adopted.
The President of the Council acknowledged a letter from the Mayor, dated
August 6, 1969, relative to emergency repairs of the Eckles Road sanitary sewer.
By Councilman Ventura, seconded by Councilman Nash, it was
#843-69 RESOLVED, that having considered a communication from the Water
and Sewer Commissioner, dated August 6, 1969, approved by the Director of
Public Works, and approved by the Mayor, the Council does hereby amend
Council Resolution #692-69 so as to provide the necessary funds for the
payment of expenditures incurred in the repair of the Eckles Road Sanitary
Sewer and that the sum of $10,602.00 is hereby authorized to be expended
from the Water and Sewer Division for this purpose; based upon the under-
standing that the Chevrolet Spring and Bumper Plant will assume $2075.00
of the foregoing with respect to Chemical Scale Removal. Company services
in the cleaning of the sewer.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, and McNamara.
NAYS: None.
A communication from the Livonia Chamber of Commerce, dated August 4, 1969,
indicating their support of the proposed Charter amendments to be submitted to the
voters at the special election to be conducted Monday, September 29, 1969, was
received and filed for the information of the Council.
By Councilman Ventura, seconded by Councilman Milligan, and unanimously
adopted, it was
#844-69 RESOLVED, that the City Council does hereby express their gratitude
to the Livonia Chamber of Commerce for their support of the Charter amend-
ments indicated in their letter of August 4, 1969.
The communication from Marvin R. Stempien, State Representative, dated
July 21, 1969, relative to the passage of House Bill 2121 was received and filed for
the information of the Council.
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The following resolution was unanimously introduced, supported, and adopted:
#845-69 RESOLVED, that the Council does hereby express its appreciation
in behalf of the people of the City for the almost singlehanded job done
by State Representative Marvin R. Stempien in effecting the passage of
House Bill 2121 and thereby obtaining needed additional revenue for this
City.
By Councilman Ventura, seconded by Councilman McCann, it was
#846-69 RESOLVED, that having considered a communication from the City
Clerk dated July 29, 1969 in regard to the need for an additional appropria-
tion for postage in the current budget, the Council does hereby transfer
the sum of $2500.00 from the Reserve for Contingencies Account to Postage
Account No. 164-P for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, and McNamara.
NAYS: None.
*Councilman Kleinert arrived at 8:45 P. M.
Councilman Ventura took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING ORDINANCE NO.
396, KNOWN AND CITED AS THE "WATER RATE
ORDINANCE" OF THE CITY OF LIVONIA, BY
AMENDING SECTION 8.1 THEREOF.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
By Councilman Raymond, seconded by Councilman Ventura, it was
#847-69 RESOLVED, that the Council does hereby take from the table the
Mayor's veto, dated August 6, 1969, of Council Resolution #814-69.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: Milligan.
The President declared the resolution adopted.
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By Councilman Ventura, seconded by Councilman Raymond, it was
#848-69 RESOLVED, that having considered the veto by the Mayor, dated
August 6, 1969 of resolution #814-69 adopted by the Council on July 23,
1969, the Council does hereby readopt said resolution #814-69 the same
as if it were word for word repeated herein.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, and Kleinert.
NAYS: Milligan and McNamara.
The President declared the resolution adopted and the Mayor's veto overruled.
The Gas Station Survey transmitted by the City Planning Commission, dated
June 27, 1969, was received and filed for the information of the Council.
The communication from the City Planning Commission, dated July 14, 1969,
submitted pursuant to CR#399-69 relative to parking and storage of trailers, was
received and filed for the information of the Council.
The communication from the Department of Law, dated July 1, 1969, relativo
to Robert L. Allison and Irene Allison, et al vs.Addison W. Bacon, et al, was
received and filed for the information of the Council.
By Councilman Milligan, seconded by Councilman Nash, it was
#849-69 RESOLVED, that having considered a communication dated July 2,
1969 from the Department of Law transmitting for Council acceptance a
Quit Claim Deed dated May 8, 1969 executed by John O8Brien and Rose O'Brien,
his wife, wherein a right-of-way is conveyed to the City for the
Industrial Road, said right-of-way being more particularly described as:
Bureau of Taxation Parcel 29A1,C1 - That part
of the Northeast 1/4 of Section 29, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan, described
as beginning at a point distant S. 89° 26' 19" E.,
1,327.00 feet and S. 00° 33' 39" W., 1,340.43 feet
from the North 1/4 corner of Section 29, and pro-
ceeding thence N 87° 01' 26" E., 165.81 feet; thence
S 00° 32' 25" W., 60.00 feet; thence S 87° 01' 26" W.,
165.81 feet; thence N 00° 33' 39" E., 60.00 feet to
the point of beginning.
the Council does herein accept for and in behalf of the City of Livonia
the aforesaid Deed and the City Clerk is hereby requested to have the same
recorded with the Wayne County Register of Deeds.
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LA roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman Nash, it was
#850-69 RESOLVED, that having considered a communication from the
Department of Law dated July 10, 1969 transmitting for Council acceptance
certain documents, said documents being more particularly described as:
1. Grant of Easement dated June 4, 1969 executed by Joshua J. Stone
and Eunice S. Stone, his wife, conveying: the south 4 feet of
the north 10 feet of Lot 245 of Spring Valley Subdivision as
recorded in Liber 81, Pages 12, 13, 14 & 15 of Wayne County
Records said subdivision being a part of the E. 1/2 of Section 3,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan.
(installation of a public sewer)
2. Grant of Easement dated May 10, 1969 executed by Holley E.
Sevelis, conveying: The N. 60 feet of the following described
parcel: The East 140 feet of the West 240 feet of the N. E. 1/4
of Section 19, T. 1 S. R. 9 E., City of Livonia, Wayne County,
L Michigan, except the south 2178 ft. thereof. (Bureau of Taxation
Parcel 19C2a1) (1969 Misc. Sanitary Sewer and Water Main project)
3. Quit Claim Deed dated July 30, 1969 executed by Awrey Bakeries,
Inc. by W. B. Nance its Executive Vice President and J. Robert
Newlon its Vice President of Mfg. & Operations, conveying:
Bureau of Taxation Parcel 28V1 -- The West 43 feet
of that part of the S. E. 174 of Section 28 described
as beginning at a point on the center line of Stark
Road distant S 89° 40' 50" E, 608.30 feet and S 13°
39' 20" W, 50.87 feet from the center 1/4 corner of
Section 28 and proceeding thence S 89° 40' 50" E
along the S. line of the Chesapeake and Ohio R.R.
right-of-way, 176.46 feet; thence S 2* 50' 40" W, 116.76
feet; thence N 88° 47' 40" W, 198.26 feet to the center
line of Stark Road; thence N 13° 39' 20" E along said
centerline, 116.73 feet to the point of beginning;
except the North 43.50 feet thereof.
Bureau of Taxation Parcel 28W -- The West 43 feet
of that part of the S. E. 1/4 of Section 28 described
as beginning at a point on the center line of Stark
Road distant S 89° 40' 50" E, 608.30 feet and S 13°
39' 20" W, 250.01 feet from the center 1/4 corner
of Section 28 and proceeding thence S 13° 39' 20"
W along said center line, 86.75 feet, thence S 87°
55' E, 229.93 feet; thence N 2° 50' 40" E, 81.98
feet; thence N 87° 06' 30" W, 213.64 feet to the point
of beginning.
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Bureau of Taxation Parcel 28X1 -- The Westerly Most
43 feet of that part of the S. E. 1/4 of Section 28
described as beginning at a point on the center line
of Stark Road distant S 89° 4O' 50" E, 608.30 feet
and S 13° 39' 20" W, 167.60 feet from the center 1/4
corner of Section 28 and proceeding thence S. 88° 47'
40" E, 198.26 feet; thence N 2° 50' 40" E, 116.76 feet
to the South line of the Chesapeake and Ohio R. R.
right-of-way; thence S 89° 40' 50" E along said South
line, 548.26 feet; thence S 0° 05' 10" E, 281.56 feet;
thence S 89° 56' 30" W, 562.85 feet; thence N 2° 50'
40" E, 81.98 feet; thence N. 87° 06' 30" W, 213.64
feet to the center line of Stark Road; thence N
13° 39' 20" E along said center line, 82.41 feet to
the point of beginning, except the North 43.50 feet
thereof. (right-of-way Stark Road)
4. Grant of Easement dated June 26, 1969 executed by the
Monarch Building Company by its president Sidney M.
Cole, conveying: South 6 feet of North 10.50 ft. of
Lot 364, Meri-Lynn Farms Subdivision No. 9, a sub-
division of part of the S. E. 1/4 of Section 22, T. 1 S.,
R. 9 E., City of Livonia, Wayne Co., Michigan, Liber 89,
Page 26 of Plats, Wayne County Records.
1,,, the Council does herein accept for and in behalf of the City of Livonia
the aforesaid documents and the City Clerk is hereby requested to have
the same recorded in the Office of the Wayne County Register of Deeds.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman Nash, it was
#851-69 RESOLVED, that having considered a communication dated July 3,
1969, from the Department of Law regarding the condemnation proceedings
and the hiring of appraisers in connection with the proposed installation
of sidewalks on the east side of Levan Road between Five Mile Road and
Jamison Street, in the City of Livonia, the Council does hereby determine
to rescind council resolutions #332-68 and #333-68 adopted by the City
Council on April 10, 1968.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman Nash, it was
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#852-69 RESOLVED, that having considered a communication dated July 3,
1969, from the Department of Law submitting for Council acceptance four
Quit Claim Deeds in connection with the proposed installation of sidewalks
on the east side of Levan Road between Five Mile Road and Jamison Street,
each of the four deeds being dated June 27, 1969 and each executed by
Michael J. Michael and Rose Michael, his wife, and James F. Finn and
Barbara A. Finn, his wife, conveying the following:
1. The west 43 feet of that part of the N. E. 1/4 of
of Section 20, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, described as beginning at
a point on the N. and S. 1/4 line of said section
distant due south 308.71 ft. from the N. 1/4 oorner
of Section 20 and proceeding thence due south along
the N. and S. 1/4 section line 341.29 ft.; thence
S. 89° 50' E. 208.71 ft.; thence due north 341.29
ft.; thence N. 89° 50' W. 208.71 ft. to the point
of beginning.
(Bureau of Taxation Parcel 20E2a2a)
(Levan Road)
2. The West 43 feet of the north 100 feet of that part
of the Northeast 1/4 of Section 20, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan, described
as beginning at a point on the N. and S. 1/4 section
line distant due south 208.71 ft. from the N. 1/4
corner of Section 20 and proceeding thence S. 89°
50' E. 208.71 ft.; thence due south 441.29 ft.;
thence N. 89° 50' W. 208.71 ft.; thence due north
along the N. and S. 1/4 section line 441.29 ft. to
the point of beginning.
(Bureau of Taxation Parcel 20E2a1)
(Levan Road)
3. The West 43 feet of that part of the N. E. 1/4 of
Section 20, T. 1 S., R. 9 E., City of Livonia, Wayne
County, Michigan, described as beginning at a point
distant due south 650 feet from the N. 1/4 corner of
Section 20 and proceeding thence due south along the
N. and S. 1/4 section line, 100ft.; thence S. 89° 50'
E. 330 ft.; thence due north 100ft.; thence N. 89° 50'
W. 330 ft. to the point of beginning.
(Bureau of Taxation Parcel 20E2a2b)
(Levan Road)
4. The West 43 feet of the South 60.71 feet of the
North 208.71 feet of the West 208.71 feet of the
Northeast 1/4 of Section 20, T. 1 S., R. 9 E., City
of Livonia, Wayne County, Michigan.
(Bureau of Taxation Parcel 20F2)
(Levan Road)
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the Council does herein for and in behalf of the City of Livonia accept
the aforesaid instruments and the City Clerk is hereby requested to have
the same recorded in the Office of the Wayne County Register of Deeds and
to do all other things necessary or incidental to the full performance of
this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman Nash, it was
#853-69 RESOLVED, that having considered a communication from the
Department of Law dated July 7, 1969 to which is attached a letter from
the City Engineer dated June 27, 1969 as well as a communication from the
County Plat Engineer dated June 19, 1969 with respect to the Richter &
Lipton Industrial Subdivision, the Council does hereby authorize the Mayor
and City Clerk to execute a quit claim deed in behalf of the City of
Livonia which would purport to convey the following described right-of-way
to R. & L. Investment Company, a Michigan Corporation:
The south 60 feet of the north 1380 feet of the west 1/2 of
the N. W. 1/14 of Section 28, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, except the west 660 feet thereof.
and the City Clerk is 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: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman Nash, it was
#851. -69 RESOLVED, that having considered a communication from the Depart-
ment of Law dated July 7, 1969 to which is attached a letter from the City
Engineer dated June 27, 1969 as well as a communication from the County
Plat Engineer dated June 19, 1969 with respect to the Richter & Lipton
Industrial Subdivision, the Council does hereby authorize the Mayor and
City Clerk to execute a quit claim deed in behalf of the City of Livonia
which would purport to convey the following described right-of-way to
Joan Construction Company, a Michigan Corporation:
The south 60 feet of the north 1380 feet of the west 1/2 of
the N. W. 1/4 of Section 28, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, except the west 660 feet thereof.
and the City Clerk is hereby requested to do all things necessary or inci-
dental to fulfill the purpose of this resolution.
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A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Nash, seconded by Councilman McCann, it was
RESOLVED, that having considered a communication dated June 30,
1969 from the Supt. of Operations Division, Director of Public Works, and
the Budget Director, approved for submission by the Mayor, the Council
does hereby determine to accept the bid of Gar Wood-Detroit Truck Equip.,
21083 Mound Road, Warren, Michigan, 48089, for supplying the Operations
Division with one new Mobil I-TE-4 street sweeper with single gutter
broom and automatic transmission at a cost of $15,840.00 plus $350.00 for
automatic transmission (alternate #2), less $2,883.00 for trade-in of a
1956 Wayne Sweeper, Model Ind.SA-1450 (DPW Veh.#99) for a net cost of
$13,307.00, the same having been in fact the lowest bid meeting all speci-
fications; further, the Council does hereby authorize the Budget Director
to make such purchase and arrange for the financing of the same in the
following manner:
payment of $4,167.00, such sum having been provided in the
1968-69 budget, and the balance of $9,140.00 to be paid in
two equal annual installments and to be evidenced in two
promissory notes each to bear an interest rate not to exceed
4-1/2 per centum per year and said notes to be executed with
the Livonia National Bank of Livonia, Michigan;
further, the City Clerk is hereby authorized to execute such notes in
behalf of the City subject to approval as to form by the City Attorney;
and the City Clerk and the City Treasurer are hereby requested to do all
things necessary or incidental to the full performance of this resolution.
By Councilman Milligan, seconded by Councilman Ventura, it was
#855-69 RESOLVED, that having considered a communication dated June 30,
1969 from the Supt. of Operations Division, Director of Public Works, and
the Budget Director, approved for submission by the Mayor, relative to
acceptance of a bid for supplying the Operations Division with a street
sweeper, the Council does hereby table this matter to the next study
session of the Council to be held September 3, 1969.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, Milligan, and McNamara.
NAYS: McCann, Nash, and Kleinert.
The President declared the resolution adopted.
By Councilman Nash, seconded by Councilman Milligan, it was
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#856-69 RESOLVED, that having considered a communication dated July 1,
1969 from the City Assessor, approved for submission by the Mayor, which
transmits a request from Mr. Richard Funk, agent for Leonard A. Kemp,
Joseph D. Kemp and Wanda Whitlock, dated June 20, 1969, and in accordance
with the provisions of Act 288 of the Public Acts of 1967, as amended,
as well as the City's ordinances, the Council does hereby find that the
proposed division or partition of Lot 122 of Brightmoor Home Acres Sub-
division, T. 1 S, R 9 E., City of Livonia, Wayne County, Michigan, is
proper and does hereby approve of dividing the same into two parcels the
legal descriptions of which shall read as follows:
PARCEL A
The south 72 feet of Lot 122, Brightmoor Home Acres
Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne
County, Michigan. Liber 51, Page 1, W.C.R.
PARCEL B
The north 60 feet of Lot 122, Brightmoor Home Acres
Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne
County, Michigan. Liber 51, Page 1, W.C.R.
as shown on the map attached to the aforesaid petition which is made a
part hereof by this reference; and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman Kleinert, and unanimously
adopted, it was
#857-69 WHEREAS, pursuant to the direction of the City Council in its
resolution No. 230-69 adopted on March 5, 1969, and in accordance with
Section 3.06 of Ordinance No. 401, as amended, the City Assessor of the
City of Livonia has prepared, reported and certified to the Council under
date of June 18, 1969 an assessment roll dated June 18, 1969 covering the
proposed installation of paving on the north one-half of Lyndon Avenue
from Merriman Road easterly to Bredin Court in the Northwest 1/4 of
Section 23, City of Livonia, containing the special assessments to be
assessed and levied, respectively, in the proposed special assessment
district heretofore established for the construction and operation of the
proposed improvement in said district as designated in the said resolution
No. 230-69,
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the
City Council; that it is hereby ordered to be filed in the office of the
City Clerk for public examination; that the City Clerk be and hereby is
directed to give the notice required by the provisions of Section 3.08 of
Ordinance No. 401, as amended, of the City, to wit: that the assessment
roll has been made and filed in the office of the City Clerk for public
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examination and that the City Council of the City of Livonia will meet in
the City Hall in said City, 33001 Five Mile Road on Wednesday, September 17,
1969, at 7:00 p.m. to review the said special assessment roll at which
time and place opportunity will be given to all interested persons to be
heard;
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to
publish a notice of said public hearing at least once in the official
newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior to
the aforesaid date of September 17, 1969; the City Clerk is also directed
to give notice of said hearing by sending written notice thereof by first
class mail to each and every property owner in the proposed assessment
district as their respective names and addresses appear on the most cur-
rent assessment roll in the City Assessor's Office.
By Councilman Milligan, seconded by Councilman McCann, and unanimously
adopted, it was
#858-69 WHEREAS, pursuant to the direction of the City Council in its
resolution No. 634-69 adopted on June 11, 1969, and in accordance with
Section 4.01 of Ordinance No. 401, as amended, the City Assessor of the
City of Livonia has prepared, reported and certified to the Council under
date of July 15, 1969 an assessment roll dated July 15, 1969 covering the
proposed installation of ornamental street lights with underground wiring
in Hearthstone Subdivision, Hearthstone Subdivision #2 and Fembrent Sub-
division in Section 1 of the City of Livonia, containing the special
assessments to be assessed and levied, respectively, in the proposed
special assessment district heretofore established for the construction
and operation of the proposed improvement in said district as designated
in the said resolution No. 634-69)
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the
City Council; that it is hereby ordered to be filed in the office of the
City Clerk for public examination; that the City Clerk be and hereby is
directed to give the notice required by the provisions of Section 3.08 of
Ordinance No. 401, as amended, of the City, to wit: that the assessment
roll has been made and filed in the office of the City Clerk for public
examination and that the City Council of the City of Livonia will meet
in the City Hall in said City, 33001 Five Mile Road on Wednesday,
September 17, 1969, at 7:00 p.m., to review the said special assessment
roll at which time and place opportunity will be given to all interested
persons to be heard;
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to
publish a notice of said public hearing at least once in the official
newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior
to the aforesaid date of September 17, 1969; the City Clerk is also
directed to give notice of said hearing by sending written notice thereof
by first class mail to each and every property owner in the proposed
assessment district as their respective names and addresses appear on the
most current assessment roll in the City Assessor's office.
10707
By Councilman Kleinert, seconded by Councilman Ventura, it was
#859-69 WHEREAS, pursuant to due and proper notice published and mailed
to all property owners in Special Assessment District No. 77 more parti-
cularly described in Council Resolution No. 1181-68 adopted on October 16,
1968, as required by the provisions of the City Charter and Ordinance No.
401, as amended, of the City of Livonia, the City Council has duly met and
reviewed the special assessment levied in the special assessment roll pre-
pared by the City Assessor to cover the district in which street lighting
is to be installed, such roll having been prepared on the basis of orna-
mental street lights with underground wiring being installed in Stark
Gardens Subdivision and part of Koloff's Greenbrier Meadows Subdivision
No. 3 in Section 21, City of Livonia, Wayne County, Michigan, in said
Special Assessment District No. 77;
NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby deter-
mine that an ornamental street lighting system with underground wiring
shall be installed, and that the assessments set forth in said Special
Assessment District No. 77 Roll are fair and equitable and based upon
benefits derived in said district, in accordance with the plans of the
City Engineer and resolutions of the City Council, said Special Assessment
Roll No. 77 based on the installation of an ornamental street lighting
system with underground wiring is hereby approved and confirmed in all
respects; pursuant to the provisions of Section 3.10 of Ordinance No. 401,
as amended, the City Clerk shall endorse the date of confirmation on the
Assessment Roll and the Assessment Roll shall then be immediately trans-
mitted to the City Treasurer who shall take such further action as set
forth in Ordinance No. 401, as amended, and the City Clerk is hereby
authorized to transmit the proper street lighting order to the Detroit
Edison Company on forms provided by them for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
Councilman Milligan gave first reading to the following Ordinance:
AN ORDINANCE AMENDING ORDINANCE
NO. 428 OF THE CITY OF LIVONIA
ENTITLED "AN ORDINANCE TO DESIGNATE
THE SEVERAL PARCELS OF LAND OWNED
BY THE CITY OF LIVONIA AND USED FOR
PARK, PLAYGROUND AND RECREATIONAL
PURPOSES BY ESTABLISHING NAMES
THEREFOR," BY AMENDING THERETO
SECTION 1 (0)
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.
10706
By Councilman Milligan, seconded by Councilman Raymond, and unanimously
adopted, it was
#860-69 RESOLVED, that in accordance with the provisions set forth in
Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended,
the City Zoning Act, (M.S.A. Section 5.2934), as well as Article XXIII of
Ordinance 543, the Zoning Ordinance of the City of Livonia, the Council
does hereby determine that a public hearing will take place before the
City Council of the City of Livonia on Wednesday, September 17, 1969, at
7:00 p.m. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan
with respect to the following items:
1. Petition No. 69-4-1-15 submitted by Melvin H. Sachs
for a change of zoning on the north side of Vassar, east
of Middlebelt in Section 1, from RUF to PS, the City
Planning Commission having in its resolution #5-74-69
recommended to the City Council that Petition #69-4-1-15
be approved.
2. Petition No. 69-4-1-12 submitted by Brashear, Brashear
and Duggan for Rocco and Constance Ferrera for a change
of zoning on property located on the west side of Middlebelt
Road, north of Clarita Sttâ–ºeet, in the Northeast 1/4 of
Section 11, from PS to C-2, the City Planning Commission
having in its resolution #5-72-69 recommended to the City
Council that Petition #69-4-1-12 be denied.
3. Petition No. 69-5-6-12 submitted by City Planning
Commission on its own motion to determine whether
or not to amend Ordinance No. 543, the Zoning Ordinance,
as amended, by adding Article XXXI, R-9 District
Regulations (Housing for the Elderly), the City Planning
Commission having in its resolution 4'6-92-69 recommended
to the City Council that Petition #69-5-6-12 be approved.
4. Petition No. 69-4-1-13 submitted by the Altone Corporation
for a change of zoning on property located on the east side
of Stark Road, south of Plymouth Road, in the Northeast 1/4
of Section 33, from RUF to P, the City Planning Commission
having in its resolution #5-73-69 recommended to the City
Council that Petition #69-4-1-13 be denied.
further, that the City Clerk is hereby requested to no less than fifteen
(15) days prior to the aforesaid date of said public hearing cause to
have a statement, indicating the nature of the proposed amendment to the
Zoning Ordinance, and the locations of the proposed changes of zoning, as
set forth above, first to be published in the official newspaper of the
City, or a newspaper of general circulation in the City of Livonia, as
well as to not less than fifteen (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 the City Clerk is
requested to do all things necessary or incidental to the full performance
of this resolution.
10709
By Councilman McCann, seconded by Councilman Ventura, and unanimously
adopted, it was
#861-69 RESOLVED, that having considered a communication from the City
Planning Commission, dated June 27, 1969, which transmits its resolution
#5-80-69 adopted on May 27, 1969, amending Part I of the Master Plan of
the City of Livonia, entitled "Master Thoroughfare Plan," so as to delete
Pembroke Avenue between Middlebelt Road and Merriman Road, in Section 2,
the Council does hereby acknowledge receipt of same.
By Councilman Milligan, seconded by Councilman Ventura, and unanimously
adopted, it was
#862-69 RESOLVED, that having considered a communication from the City
Planning Commission, dated June 26, 1969, which transmits its resolution
#5-79-69, adopted on May 27, 1969, amending Part I of the Master Plan of
the City of Livonia, entitled "Master Thoroughfare Plan," so as to delete
Hubbard Road from Pembroke venue south to Seven Mile Road in Section 3,
the Council does hereby acknowledge receipt of same.
By Councilman Milligan, seconded by Councilman Ventura, and unanimously
adopted, it was
#863-69 RESOLVED, that having considered a communication from the City
Planning Commission, dated June 27, 1969, which transmits its resolution
#5-81-69, adopted on May 27, 1969, wherein Part VI of the Master Plan of
the City of Livonia, entitled "Master Fire Station Plan," is amended so
as to delete therefrom a portion of Parcel 14141 in the Southeast 1/4 of
Section 1.14, the legal description of which is set forth in the aforesaid
resolution, the Council does hereby acknowledge receipt of same.
By Councilman Kleinert, seconded by Councilman Ventura, it was
RESOLVED, that having considered a communication dated June 26,
1969 from the City Planning Commission which transmits its resolution
#5-75-69, adopted by the Commission on May 27, 1969, with respect to
Petition #69-3-2-9 submitted by Angelo D'Orazio requesting permission to
construct and use an industrial building for a cement contractor's opera-
tion as a waiver use on property zoned M-1, and located on the east side
of Surrey Street between Schoolcraft Road and Graytona Avenue, in Section
28, the Council does hereby concur in the recommendation of the City
Planning Commission and Petition No. 69-3-2-9 is hereby approved and
granted, such action being based upon the same conditions set forth in
the aforesaid recommendation of the Planning Commission.
By Councilman Ventura, seconded by Councilman Raymond, it was
RESOLVED, that the foregoing resolution be amended so as to pro-
vide that condition (1) shall read as follows: that a detailed site plan
be received by the City Planning Commission and approved by the City
Council within three months after the use permit is granted.
10710
A roll call vote was taken on the amendment with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan.
NAYS: Kleinert and McNamara.
A roll call vote was conducted on the resolution, as amended, as follows:
#864-69 RESOLVED, that having considered a communication dated June 26,
1969 from the City Planning Commission which transmits its resolution
#5-75-69, adopted by the Commission on May 27, 1969, with respect to
Petition #69-3-2-9 submitted by Angelo D'Orazio requesting permission to
construct and use an industrial building for a cement contractoris opera-
tion as a waiver use on property zoned M-1, and located on the east side
of Surrey Street between Schoolcraft Road and Graytona Avenue, in Section
28, the Council does hereby concur in the recommendation of the City
Planning Commission and Petition No. 69-3-2-9 is hereby approved and
granted, such action being based upon the same conditions set forth in
the aforesaid recommendation of the Planning Commission; further, condi-
tion number (1) shall read as follows: that a detailed site plan be
received by the City Planning Commission and approved by the City Council
within three months after the use permit is granted.
with the following result:
LAYES: Ventura, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: Raymond.
The President declared the resolution, as amended, adopted.
By Councilman Ventura, seconded by Councilman Nash, it was
#865-69 RESOLVED, that having considered a communication from the Supt.
of Operations Division, the Director of Public Works, and the Budget
Director, dated July 16, 1969, approved for submission by the Mayor, with
respect to the striping of major roads, the Council does hereby authorize
the Mayor and the City Clerk, in behalf of the City of Livonia, to enter
into a contract with the Wayne County Road Commission for the purpose of
having the said Commission perform the function of striping of majon roads,
such as Ann Arbor Trail, Newburgh Road, West Chicago Avenue and Levan Road;
further, the Council does hereby authorize the expenditure of a sum not to
exceed $3700.00 from the 1969 Sign Shop Budget for this purpose, and the
City Clerk and the 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: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman Raymond, it was
10711
#866-69 RESOLVED, that having considered a communication from the Budget
Director dated July 15, 1969, approved by the Mayor, with respect to the
City's dues for its participation in the Michigan Municipal League for the
fiscal year July 1, 1969 through June 30, 1970, the Council does hereby
refer this matter to the Finance Committee of the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Milligan, and McNamara.
NAYS: Nash and Kleinert.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Nash, it was
#867-69 RESOLVED, that having considered a communication dated July 18,
1969, from the City Engineer, approved by the Director of Public Works and
approved for submission by the Mayor, regarding the establishment of im-
provement bonds for the Parkway Apartments in the S. E. 1/4 of Section 32,
the site plan for which was approved by the City Planning Commission on
April 1, 1969, by its resolution #4-50-69, and the development plans for
which have been approved by the Engineering Division, the Council does
hereby approve the development of this site on the following conditions:
(1) All of such improvements shall be installed in conformance
with plans hereinbefore submitted to and approved by the Engineer-
ing Division within a period of two (2) years from the date of
this resolution;
(2) That the installation of such improvements shall be super-
vised and inspected by the Department of Public Works and such
improvements shall not be considered as satisfactorily installed
until there is filed with the Council a certificate from the
Department of Public Works indicating satisfactory construction
or installation of such improvements;
(3) That the developer file with the City Clerk, on such forms
as may be approved by the City Attorney, the following bonds:
A General Improvement Bond in the amount of $15,800.00, of which
at least $1,580.00 shall be in cash; and a Sidewalk Bond in the
amount of $2,500.00, of which at least $1,250.00 shall be in
cash; the detailed breakdown for which shall be as follows:
A. General Improvement Bond (All improvements with the exception
of sidewalks)
Water Mains $ 6,0114.00
Sanitary Sewers 3,100.00
Storm Sewers 5,255.00
Estimated Construction Costs $114,399.00
Construction Contingencies 1,401.00
TOTAL $13,800.00
10712
B. Sidewalk Improvements
Sidewalks $2,277.00
Construction Contingencies 223.00
TOTAL $2,500.00
C. Cash Payments to the City
Trees (Ann Arbor Trail frontage) $ 199.17
Traffic Control Signs (not applicable)
Plan review, field inspection &
Administration $ 833.80
(5% before contingencies)
Monuments (not applicable)
(14) That the proprietor submit to the City Engineer as-built
plans of all improvements installed in the apartment site on
cloth reproducible material.
(5) That the distribution lines for telephones and electric
service are to be placed underground.
(6) The ornamental street lighting requirement is hereby waived
and is not to be required in respect to this project.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman Kleinert, it was
#868-69 RESOLVED, that having considered a communication dated July 10,
1969 from the Michigan Liquor Control Commission relative to an application
from Rocco Corsi for a new full year Class C License to be located at
27910 West Seven Mile Road, Livonia, Michigan, and having also considered
a letter dated July 7, 1969 from Rodney C. Kropf, attorney, in connection
with this matter, the Council does hereby refer the same to the Committee
of the Whole for its consideration.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: Ventura.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Nash, it was
#869-69 RESOLVED, that having considered the report and recommendation
of the City Engineer, dated July 16, 1969, approved by the Director of
Public Works, and approved by the Mayor for submission, the Council does
hereby release to the proprietor of Dover Courts Subdivision the $2,000.00
sidewalk bond, which is in cash, deposited with the City in accordance
with council resolution #1016-65 as subsequently amended (by council
resolutions #575-67, 726-67, 1207-67, 48-68 and 387-69) to guarantee the
10713
satisfactory installation of sidewalks in Dover Courts Subdivision located
in the S. W. 1/4 of Section 31, City of Livonia, Wayne County, Michigan,
it appearing from the aforementioned report of the City Engineer that all
work involved with respect to the remaining sidewalks has satisfactorily
been completed; and the City Clerk and the City Treasurer are hereby
authorized to do all things necessary or incidental to the full performance
of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Raymond, seconded by Councilman Nash, and unanimously
adopted, it was
#870-69 RESOLVED, that having considered a communication from Jack
Spanich, Spanich Bonding Corporation, dated July 16, 1969, wherein he has
proposed the rezoning of certain property, which he owns, at Five Mile
Road and Spanich Court, the Council does hereby refer the same to the
City Planning Commission for its report and recommendation.
By Councilman Nash, seconded by Councilman Raymond, it was
#871-69 RESOLVED, that having considered a communication dated July 15,
1969 from the Michigan Municipal League, with respect to the annual meet-
ing of the members of the Michigan Municipal League to be conducted in
Grand Rapids from September 9, 1969 to September 12, 1969, the Council
does hereby determine to designate Harvey W. Moelke as a voting delegate
and official representative of the City of Livonia at such annual meeting,
and Edward H. McNamara as the alternate voting delegate and representa-
tive of the City of Livonia in this regard; and the City Clerk is hereby
requested to forward a copy of this resolution to the Michigan Municipal
League at its headquarters, 205 South State Street, Ann Arbor, Michigan,
48108.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman McCann, it was
#872-69 RESOLVED, that having considered a communication from the Livonia
Housing Commission, dated July 9, 1969, approved by the Mayor for sub-
mission, with respect to the Housing Commission's determination that it
would be expeditious to pursue the Turnkey Method of constructing and
developing the second phase of the low-income development of Senior
Citizens Housing with respect to Program Reservation MICH-55-B, the
Council takes this means to indicate its concurrence and approval of the
efforts of the Housing Commission in attempting to obtain turnkey proposals
from interested developers with respect to this project.
107111
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman Raymond, it was
#873-69 RESOLVED, that having considered the report and recommendation
dated May 28, 1969 from the City Planning Commission which sets forth its
resolution #5-61-69 in regard to Petition 69-3-1-6 submitted by Arthur
Bottrill for a change of zoning on the northeast corner of Rayburn and
Farmington Road in the Southwest 1/11 of Section 15, from R-3 to P. S.;
and the Council having conducted a public hearing with regard to this
matter on July 16, 1969 pursuant to council resolution #667-69, the
Council does hereby reject the recommendation of the Planning Commission
and the said Petition #69-3-1-6 is hereby approved and granted; and the
City Planner is hereby instructed to cause the necessary map for publica-
tion 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. 5113 in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, and Nash.
NAYS: Milligan, Kleinert, and McNamara.
The President declared the resolution adopted.
By Councilman Nash, seconded by Councilman McCann, and unanimously
adopted, it was
#8711-69 RESOLVED, that the Council does hereby suspend their rules for
procedure as outlined in council resolution #337-56, so as to permit
consideration of several items that do not appear on the agenda.
By Councilman Milligan, seconded by Councilman Kleinert, it was
#875-69 RESOLVED, that having considered a communication from the Depart-
ment of Law dated July 25, 1969 with respect to the proration of taxes in
the acquisition of park parcel J-44 (Parcel 10U1b1) located in Section 10,
the Council does hereby authorize the expenditure of the additional sum of
$100.55 for the proration of the 1968 City, County, and School taxes
applicable to this property; and the City Clerk and City Treasurer are
hereby authorized to do all things necessary or incidental to the full
performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Kleinert, McNamara.
NAYS: *Ventura.
10715
The President declared the resolution adopted.
*Councilman Ventura made the following statement: "My 'no' vote is cast
because I do not feel we need a park in that particular location."
By Councilman Nash, seconded by Councilman McCann, it was
#876-69 RESOLVED, that having considered a communication from the Director
of Public Safety dated July 3, 1969, approved by the Mayor for submission
and the Budget Director, wherein a request is made for the transfer of
certain funds to be used in the Intelligence Bureau, the Council does
hereby transfer the sum of $1,000.00 from Patrol Bureau Salary Account
#164-1 to Intelligence Bureau Miscellaneous Account #182-44 for this
purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Ventura, it was
#877-69 RESOLVED, that having considered a communication from the Water
and Sewer Board, dated July 23, 1969, approved by the Mayor for submission,
which transmits its resolution #1116 1251 7/69, the Council does hereby
accept the bid of I. & T. Equipment Company, 28165 Greenfield Road,
Southfield, Michigan, in the amount of $49,352.74 for the construction of:
Bassett Drive Sanitary and Water Extensions;
Five Mile Road Water Extension; and
Curtis Avenue Sanitary Sewer
based on the Engineering Division's units of work involved and subject
to the final payment based on the actual units of work as constructed
in accordance with the unit prices accepted herein, said estimated cost
and unit prices having been in fact the lowest bid received for this work,
and the Director of Public Works is hereby authorized to approve all
minor adjustments in the work as completed; further, the Mayor and the
City Clerk are hereby authorized to execute a contract for and on behalf
of the City of Livonia with the aforesaid bidder and to do all other
things necessary or incidental to the full performance of this resolution;
and further, the Wayne County Road Commission is hereby requested to
authorize an expenditure of $36888.49 from the Surplus Funds of the 1964
Sanitary Sewer Bond Issue (#210) to cover the cost of the subject sanitary
sewer installations; and further, the sum of $12,464.25 is hereby appro-
priated from the Water Supply System Improvement Funds for the con-
struction of the water mains; and the City Clerk is hereby requested to
forward a copy of this resolution to the Board of Wayne County Road
Commissioners of Wayne County; and the City Clerk and the City Treasurer
are hereby requested to do all things necessary or incidental to fulfill
the purpose of this resolution.
10716
LA roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman Ventura, it was
RESOLVED, that having considered the report and recommendation
from the Chief of the Fire Division, the Director of Public Safety and
the Budget Director, dated June 2L , 1969, approved by the Mayor for sub-
mission, the Council does hereby accept the bid of Fire Trucks, Inc.,
65 North Rose St., Mt. Clemens, Michigan, to supply the Fire Division,
Department of Public Safety, with five (5) fire engine pumpers for a total
price of $187,089.75, the same having been in fact the lowest bid received
with respect to this item, and further, the Council does hereby determine
to authorize the disbursement of said $187,089.75 from proceeds of the
sale of the 1968 Fire Station and Equipment Bond Issue, which amount is
available as unexpended and unencumbered funds; and the City Clerk and the
City Treasurer are hereby authorized to do all things necessary to the
full performance of this resolution.
The President relinquished the Chair to Vice-President McCann at 9:55 P. M.
to speak on the above matter.
Councilman Ventura requested that the representative of Fire Trucks, Inc.
be heard from with respect to this item. The Chair ruled that Councilman Ventura's
request was out of order. Councilman Ventura then challenged the ruling of the chair
and Councilman McCann passed the gavel to Councilman Nash. 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: Raymond, McNamara, McCann, Kleinert, and Nash.
NAYS: Ventura and Milligan.
The Vice-President resumed the chair at 10:05 P. M.
By Councilman Ventura, seconded by Councilman Milligan, it was
RESOLVED, that having considered the report and recommendation
from the Chief of the Fire Division, the Director of Public Safety and
L the Budget Director, dated June 24, 1969, approved by the Mayor for sub-
mission, relative to the purchase of five fire engine pumpers, the Council
does hereby table this matter until it is decided where the money will
come from and where the fire pumpers will be used.
10717
A roll call vote was taken on the tabling resolution with the following result:
AYES: Ventura, Milligan, and McCann.
NAYS: Raymond, McNamara, Nash, and Kleinert.
The Vice-President declared the tabling resolution denied.
A roll call vote was taken on the original motion with the following result:
AYES: Ventura, Milligan, and McCann.
NAYS: Kleinert, Raymond, McNamara, and Nash.
The Vice-President declared the resolution denied.
By Councilman Kleinert, seconded by Councilman Nash, it was
#878-69 RESOLVED, that having considered the report and recommendation
from the Chief of the Fire Division, the Director of Public Safety and
the Budget Director, dated June 2L , 1969, approved by the Mayor for sub-
mission, the Council does hereby accept the bid of Youngs Equipment
Company, 24701 Telegraph Road, Southfield, Michigan, agent for Seagrave
Fire Apparatus, Inc., to supply the Fire Division, Department of Public
Safety, with five (5) fire engine pumpers for a total price of $202,500.00,
the same having been in fact the lowest bid received meeting specifica-
tions, with respect to this item, and further, the Council does hereby
determine to authorize the disbursement of said $202,500.00 from proceeds
of the sale of the 1968 Fire Station and Equipment Bond Issue, which
amount is available as unexpended and unencumbered funds; and the City
Clerk and the City Treasurer are hereby authorized to do all things
necessary to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: Ventura, and Milligan.
The Vice-President declared the resolution adopted.
The President resumed the chair at 10:15 P. M.
By Councilman Nash, seconded by Councilman Ventura, it was
#879-69 RESOLVED, that having considered the report and recommendation
dated July 30, 1969 from the City Engineer, approved by the Director of
Public Works and approved by the Mayor for submission, the Council does
hereby amend Item 8 of council resolution #1325-68 adopted on November 27,
1968, as subsequently amended by council resolution #592-69 adopted on
May 28, 1969 and council resolution #820-69 adopted on July 23, 1969, so
as to reduce the General Improvement Bond to $69,000.00 of which at least
$5,000.00 shall be in cash; further, the Sidewalk pond shall remain the
same and unchanged; and the City Clerk and the City Treasurer are hereby
authorized to do all things necessary or incidental to fulfill the purpose
of this resolution.
10718
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
#880-69 RESOLVED, the Council does hereby determine that its regular
meetings for the month of September, 1969shall be conducted on the
following dates at 8:00 p.m.:
Wednesday, September 3, 1969;
Wednesday, September 10, 1969;
Wednesday, September 17, 1969; and
Wednesday, September 2L , 1969.
By Councilman Kleinert, seconded by Councilman McCann, it was
#881-69 WHEREAS, the City of Livonia, Michigan (herein called the "Local
Issuing Agency") is undertaking the development and/or operation of one
or more urban renewal, low-rent housing or redevelopment projects and may
engage in such undertakings in respect to additional projects all pursuant
to the terms of one or more contracts (which contracts and any contract in
substitution thereof, together with any supplements thereto or amendments
or waivers of any provisions thereof, are herein called the "Contract")
with the United States of America (herein called the "Government") provid-
ing for a loan by the Government to the Local Issuing Agency for financing
the urban renewal, low-rent housing or redevelopment project(s) described
in the Contract and herein called the "Project"; and
WHEREAS, the Local Issuing Agency proposes to obtain loans from
others than the Government in anticipation of the delivery of notes to
the Government, which loans shall be evidenced by negotiable short-term
notes of the local Issuing Agency (herein called "Project Notes"); and
WHEREAS, The Local Issuing Agency proposes to issue Project Notes
as hereinafter provided:
NOW, THEREFORE, BE IT RESOLVED by the Local Issuing Agency as
follows:
Section 1. For the purpose of providing funds to pay expenses
incurred or to be incurred pursuant to the Contract or to refund, renew
or extend its outstanding Notes issued in connection therewith, the Local
Issuing Agency hereby determines to issue its Project Notes for purchase
by the public from time to time in amounts which shall not exceed the
aggregate loan amount or the Actual Development Cost specified in the
Contract, as the case may be. Such Project Notes shall be in such princi-
pal amounts, bear such interest rates, be dated and mature, all as pre-
scribed in this Resolution.
10719
Section 2. a. The City Clerk is hereby authorized and directed
to advertise from time to time the public sale of Project Notes of the
Local Issuing Agency by causing the publication of a Notice of Sale thereof
in a newspaper pursuant to State Law, if required, and in The Daily Bond
Buyer, a financial newspaper published in the City of New York, New York.
The Notice of Sale for publication locally shall be substantially in the
form of HUD-9001, which is incorporated herein by reference. The Notice
of Sale to be published in the Daily Bond Buyer may be included in a
consolidated Notice of Sale. Each Notice of Sale shall be published at
intervals in accordance with a schedule of advertising arranged in co-
operation with the Government. Each separate issue of Project Notes adver-
tised for sale shall be numbered in consecutive series.
b. Each proposal submitted for all or a part of any
series of Project Notes shall be in substantially the form of HUD-9002,
which is incorporated herein by reference, and is hereby approved by the
Local Issuing Agency.
Section 3. a. The Executive Director of the Livonia Housing
Commission is hereby authorized and directed on each date specified in a
duly published advertisement of the Notice of Sale for a series of Project
Notes and at the time and place mentioned therein to receive, open and
review all proposals received for the purchase of Project Notes. Upon
completion of the review, the contents of all proposals shall be com-
municated by telephone to the Government with a recommendation for award.
b. The Executive Director of the Livonia Housing
Commission after receiving Government approval of a recommended award is
hereby authorized and directed on behalf of the Local Issuing Agency to
award the Project Notes at the lowest interest rate or rates not in excess
of the percentage rate per annum specified in the Contract or under State
Law offered in the proposals without reference to premiums: Provided
however, that as among proposals specifying the same lowest interest rate,
awards shall be made on the basis of the highest premium per dollar prin-
cipal amount of the Notes specified in such proposals. The Executive
Director shall promptly notify each successful bidder by telegram of the
principal amount of Project Notes so awarded to such bidder.
Section 4. Each of the Project Notes of the Local Issuing Agency
shall be in substantially the form of HUD-9010, which is incorporated
herein by reference. Each series of Project Notes shall bear a date not
later than the date on which they are to be delivered to the purchaser
and shall mature within a term of not to exceed 18 months from their date.
Each series of Project Notes shall bear interest at the rate or rates per
annum fixed in the proposal or proposals accepted for the purchase of such
Notes, shall be issued in such denominations, and both principal and
interest thereof shall be payable at such incorporated bank having trust
powers or incorporated trust company as the purchaser designates in his
proposal, and shall be secured by a "Requisition Agreement" in substan-
tially the form of HUD-9003, which is incorporated herein by reference,
to be entered into between the Local Issuing Agency and the Government.
10720
Section 5. Each of the Project Notes issued in a series which
has been awarded shall be executed in the name of the Local Issuing Agency
by the manual or facsimile signature of the Mayor, Treasurer and the City
Clerk is authorized and directed to date and to cause the seal of the
Local Issuing Agency to be impressed, imprinted or reproduced thereon and
to attest such sealing, and the aforesaid officers shall take all other
actions necessary to complete delivery of any Project Notes which have
been awarded.
Section 6. Each Requisition Agreement securing one or more series
of Project Notes shall be executed in the name of the Local Issuing Agency
by the manual or facsimile signature of the Mayor, and the City Clerk is
authorized and directed to cause the seal of the Local Issuing Agency to
be impressed, imprinted or reproduced thereon and to attest the same.
Section 7. The City Clerk is authorized and directed to deliver
the Project Notes by signing and promptly sending after acceptance of each
proposal a letter to each paying agent for such Project Notes in sub-
stantially the form of HUD-9004, which is incorporated herein by reference,
and to transmit therewith (a) the Project Notes for which the addressee
is the paying agent for delivery and payment and (b) a signature certifi-
cate and receipt, in accordance with the terms of the letter, and to take
such other actions as may be required to complete the delivery transaction
in accordance with the terms of the letter to the paying agent.
Section 8. The Mayor and City Clerk, Treasurer are authorized
to take all actions as may be required to validate and complete delivery
of the Project Notes herein authorized to be issued from time to time.
Section 9. For the punctual payment of the principal of and
interest on each series of Project Notes, the Local Issuing Agency ex-
pressly and irrevocably promises to pay any sums which may be received
from the Government pursuant to the Requisition Agreement relating to
such series of Project Notes and each such Requisition Agreement when
executed by the Government is declared to be and is hereby assigned by the
Local Issuing Agency for the benefit of the holder or holders from time to
time of such series of Project Notes. All contributions, funds and
amounts authorized or required by the Contract to be applied to the pay-
ment of Project Loan Notes (referred to in the Contract as "Project
Temporary Loan Obligations," "Advance Notes" or "Permanent Notes") as
issued in connection with the Project are irrevocably pledged to secure
the payment of the principal of and interest to maturity on each series
of Project Notes. Such pledge and the lien created thereby shall cease
and terminate as to any series of Project Notes when monies or investment
securities convertible into cash not later than the maturity date of such
Notes, sufficient and for the purpose of paying the principal and interest
to maturity on such Notes, are deposited with the paying agent or agents
for such Notes.
Section 10. The City Clerk is authorized and directed to pay (a)
to the Government such amount of such funds of the Local Issuing Agency
as may be available for such purpose and as may be necessary to pay the
principal of and interest on obligations of the Local Issuing Agency then
held by the Government which may be refunded in part by any one or more
series of Project Notes and (b) to the paying agent or agents of any then
10721
outstanding series of Project Notes, or to the Government for transmittal
to said paying agent or agents, such amount of funds of the Local Issuing
Agency as may be available for such purpose and as may be necessary to pay
the principal of and interest on such Project Notes which are refunded in
part by succeeding issues of Project Notes.
Section 11. The Local Issuing Agency hereby covenants with the
holders from time to time of any Project Notes issued under this resolu-
tion that it will not amend this resolution in any way which would limit
or alter the rights of such holders under Section 9 hereof or otherwise
impair the rights and remedies of such holders until such Project Notes,
together with interest thereon, and all costs, expenses and damages in
connection with any action or proceedings by or on behalf of such holders
are fully met and discharged.
Section 12. This Resolution shall take effect immediately.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman Ventura, it was
RESOLVED, that having considered a communication from the Director
of Public Safety dated July 17, 1969, approved for submission by the Mayor,
with regard to the purchase of certain emergency equipment for use by the
Division of Police and which is felt to be essential to maintain efficient
law enforcement for the protection of this City's citizens, the Council
does hereby refer this matter to next year's budget sessions.
A roil call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, McCann, and Milligan.
NAYS: Raymond, Nash, Kleinert, and McNamara.
The President declared the resolution denied.
By Councilman Raymond, seconded by Councilman Kleinert, it was
#882-69 RESOLVED, that having considered a communication from the Director
of Public Safety dated July 17, 1969, approved for submission by the Mayor,
with regard to the purchase of certain emergency equipment for use by the
Division of Police and which is felt to be essential to maintain efficient
law enforcement for the protection of this City's citizens, the Council
does hereby authorize the transfer of the sum of $37,828.86 from the
Reserve for Contingencies Account to Account 184-70, the foregoing to be
used in order to purchase the equipment and supplies set forth in the
aforementioned communication.
10722
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Nash, Kleinert, McNamara.
NAYS: Ventura, McCann, and *Milligan.
The President declared the resolution adopted.
*Councilman Milligan made the following statement: "Without funds avail-
able, I feel to approve this is fiscal irresponsibility.
By Councilman Kleinert, seconded by Councilman Nash, it was
#883-69 RESOLVED, that having considered a communication from the Water
and Sewer Board dated July 28, 1969, approved for submission by the Mayor
which transmits its resolution No. VJS-1253-7/69, the Council does hereby
approve of the extension of sanitary sewers on Purlingbrook Avenue North
of Six Mile Road along the westerly limits of all the properties involved
within a public easement at a cost not to exceed $17,000; further the
Wayne County Road Commissioner is hereby requested to authorize an expendi-
ture not to exceed $17,000.00 from the surplus funds of the 1964 Sanitary
Sewer Bond Issue (No. 210) to cover the cost of the subject sanitary sewer
installations; and the City Clerk is hereby requested to forward a copy
of this resolution to the Board of Wayne County Road Commissioners of
Wayne County, 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: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman Milligan, it was
#884-69 RESOLVED, that having considered the report and recommendation
dated June 13, 1969, from the City Planning Commission which sets forth
its resolution #6-95-69 in regard to Petition 69-4-1-14 submitted by
John F. Dooley, Attorney for William V. Titus and John Giacobozzi for a
change of zoning on property located on the S. E. corner of Paderewski
and Five Mile Road in Section 24 from R-1 to C-2; and the Council having
conducted a public hearing with regard to this matter on August 6, 1969,
pursuant to CR#721-69, the Council does hereby concur with the recommenda-
tion of the Planning Commission and the said Petition 69-4-1-14 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 in accordance with this
resolution.
10723
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert, and McNamara.
NAYS: None.
By Councilman Raymond, seconded by Councilman Milligan, it was
WHEREAS, the Municipal Building Authority of the City of Livonia
has entered into an Agreement to purchase the property belonging to the
St. Paul Evangelical Lutheran Church, located at 15218 Farmington Road,
and more particularly described in an Agreement dated September 18, 1968,
said Agreement to Purchase, however, being conditioned on the sale of bonds
which have been approved in the amount of $345,000 by the Michigan
Municipal Financing Commission, for the acquisition of said facility by
the Municipal Building Authority, and
WHEREAS, the Livonia City Council does, deem the acquisition of
said property to be in the best interests of the City of Livonia, now
therefore,
BE IT RESOLVED, that if the Municipal Building Authority for the
City of Livonia shall be unable to complete the purchase of the subject
property on or about September 1, 1970, because of inability to sell bonds
L or otherwise, then in such event, the City of Livonia does hereby agree
to complete the purchase of the subject property from the St. Paul
Evangelical Lutheran Church, for the sum of Two Hundred Ninety-Nine
Thousand, Nine Hundred Dollars, and that the Livonia City Council does
hereby authorize that the sum of Two Hundred Ninety-Nine Thousand, Nine
Hundred Dollars $299,900.00 of the 4.4 Million General Obligation Parks
and Recreation Bond Issue be earmarked for the purpose of advancing the
necessary funds to complete the purchase of said property on or about
September 1, 1970, provided however, that if and when the funds from the
sale of bonds do become available, said funds shall be used to reimburse
to the aforesaid 4.4 million General Obligation Parks and Recreation Bond
Issue, the moneys so advanced from that fund; and the City Clerk and the
City Treasurer are instructed to do all things necessary or incidental to
the full performance of this resolution.
By Councilman McCann, seconded by Councilman Nash, it was
#885-69 RESOLVED, that the matter of purchasing property from the
St. Paul Evangelical Lutheran Church is hereby tabled to the next regular
meeting with the request that the Mayor submit his comments with respect
to this matter and that an accounting also be presented to the Council on
the funds which are still available in the $4,400,000.00 General Obliga-
tion Parks and Recreational Bond Issue.
LA roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, and McNamara.
NAYS: Kleinert.
The President declared the resolution adopted.
10724
By Councilman Nash, seconded by Councilman McCann, and unanimously adopted,
this 657th regular meeting of the Council of the City of Livonia, was duly adjourned
at 10:40 P. M., August 6, 1969.
41,
ADDISON W. BACO , ' . Clerk