HomeMy WebLinkAboutCOUNCIL MINUTES 1969-03-26 10329
MINUTES OF THE SIX HUNDRED FORTY-FOURTH REGULAR MEETING
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OF THE COUNCIL OF THE CITY OF LIVONIA
On March 26, 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 8.15 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. Absent--None.
Elected and appointed officials present Addison W. Bacon, City Clerk,
Harry C. Tatigian, City Attorney, Robert A. Shaw, Director of Public Works, David L
Jones, Water and Sewer Commissioner, John T. Dufour, Superintendent of Parks and
Recreation, William J. Strasser, City Engineer, James Miller, Personnel Director,
Kenneth W. Kampman, Director of Civil Defense, Donald Nicholson, Director of Public
Safety, Henry Sieferd, City Assessor, Marie Talbot, Court Clerk, John Nagy, Assistant
City Planner, Dan Andrew, Industrial Coordinator; Stanley Bien, Chief Librarian,
Calvin Roberts, Chief of Fire Division, Frank Kerby, Chief Building Inspector,
Theodor Krauss, Personnel Analyst; Ed Siemert, Assistant City Engineer, Chester
Moore, Chairman, Board of Review, John Hiltz, Consulting Engineer, Victor Phillips,
Budget Director, Thomas J. Griffiths, Jr. , Chief Accountant, Raymond Danaher, Budget
Analyst, William LaPine and Francis Bouffard, Zoning Board of Appeals; Marvin Moser,
Planning Commission, and John Stymelski, Traffic Commission.
By Councilman McCann, seconded by Councilman Ventura, and unanimously
adopted, it was
#312-69 RESOLVED, that the minutes of the 643rd regular meeting of the
Council of the City of Livonia, held March 19, 1969, are hereby approved.
LThe following preamble and resolution were offered by Councilman Milligan
and supported by Councilman Nash.
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#313-69 WHEREAS, the City Council does hereby determine that it is neces-
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that the 1-96 highway construction project and the M-14 highway
construction project consisting of the following:
PART A I-96
Eight Mile Road to north of Five Mile Road,
(west city limits of Livonia)
Eckles Road (west city limits of Livonia)
to Newburgh Road
Newburgh Road to Farmington Road
Farmington Road to Middlebelt Road
Middlebelt Road to Inkster Road (east City limits
of Livonia)
PART B M-14
5 lanes, curb and gutter (Inkster Road to Ann Arbor Road)
be constructed; and
WHEREAS, the cost of said highway improvements are estimated to be
Thirty-Five Million Two Hundred Sixty-One Thousand ($35,261,000.00) Dollars,
and by agreements between the City and the Board of County Road Commis-
sioners of the County of Wayne and the Michigan State Highway Department,
the City's share of said estimated cost has been determined to be Nine
Hundred Eighty-Four Thousand, Eight Hundred Ninety-Three and 75/1.00
($984,893.75) Dollars; and
WHEREAS, to finance part of the City's share of the cost of said
highway improvements, the City Council deems it necessary at this time to
borrow the sum of Five Hundred Seventy Thousand ($570,000.00) Dollars, and
issue bonds therefor as authorized by the provisions of Act 175, Public
Acts of Michigan, 1952, as amended, the balance of the City's share of the
cost to be provided by other funds available or to become available there-
for, including Motor Vehicle Highway Fund Bond proceeds; and
WHEREAS, said highway improvements are in accordance with the
purposes enumerated in Act 51, Public Acts of Michigan, 1951; and
WHEREAS, the notice required by Act 60 of the Public Acts of
Michigan, 19141, being an amendment to Act 279 of the Public Acts of Michigan,
1909, as amended, was duly published in the Livonian Observer, a newspaper
of general circulation in the City of Livonia and a period of more than
thirty days having elapsed since the publication of said notice, and no
petition having been filed with the City Clerk requesting the submission of
the issuance of said bonds to the qualified electors of said City; and
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WHEREAS, the City Council deems it to be in the best interest
of the City of Livonia to finance a part of the cost of said highway
improvements, by borrowing the sum of $570,000.00 and issuing the bonds
of the City therefor, pursuant to the provisions of Act 175, Public Acts
of Michigan, 1952, as amended, and
WHEREAS, the revenues received by the City of Livonia from the
Motor Vehicle Highway Fund pursuant to Act 51, Public Acts of Michigan,
1951, as amended, in the year preceding this contemplated borrowing are
more than sufficient to comply with all the requirements specified in
Section 4 of Act 175, Public Acts of Michigan, 1952, as amended,
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The plans and estimates of the cost of the high-
way improvements, as briefly set forth in the preamble hereto, are hereby
approved and adopted.
2. The period of usefulness of said highway
improvements is estimated to be not less than thirty (30) years.
3. The City Council of the City of Livonia hereby
determines to borrow the sum of Five Hundred Seventy Thousand ($570,000.00)
Dollars and issue bonds of the City therefor pursuant to the provisions
of Act 175, Public Acts of Michigan, 1952, as amended, for the purpose of
providing funds to pay part of the City's share of the cost of the highway
improvements, as set forth in the preamble hereto.
4. Said bonds shall be designated MOTOR VEHICLE
HIGHWAY FUND BONDS (1969 SERIES), and shall consist of one hundred
fourteen (114) bonds of the denomination of $5,000.00 each, numbered
consecutively in direct order of maturity from 1 to 114, inclusive, dated
as of July 1, 1969, and payable serially, without option of prior redemp-
tion, as follows :
$ 5,000.00 July 1st of each year from 1975 to 1979, inclusive,
$100,000.00 July 1st of each of the years 1980, 1981 and 1982,
$125,000.00 July 1, 1983.
$120,000.00 July 1, 1984.
Said bonds shall bear interest at a rate or rates not exceeding
six per cent (6%) per annum, payable on January 1, 1970, and semi-annually
thereafter on July 1st and January 1st of each year. Both principal and
interest shall be payable at a bank or trust company qualified to act
as paying agent to be designated by the original purchaser of the bonds.
5. For the purpose of providing moneys to pay
the principal of and interest on the bonds herein authorized, and in
accordance with the provisions of Act 175, Public Acts of Michigan, 1952,
as amended, there is hereby made an irrevocable appropriation of the
amount necessary to pay the principal of and interest on the bonds herein
authorized from the moneys to be derived from State-collected taxes
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returned to the City of Livonia for highway purposes, pursuant to law,
and the Treasurer of the City of Livonia is hereby directed, during each
year that any of the principal of and interest on the indebtedness herein
authorized remains outstanding and unpaid, to set aside in a separate
depositary account, to be designated 1969 MOTOR VEHICLE HIGHWAY FUND BOND
DEBT RETIREMENT FUND, sufficient moneys from revenues received during
such year from the Motor Vehicle Highway Fund pursuant to law to pay the
principal of and interest on the installment of such indebtedness next
maturing.
6. Pursuant to the authorization of Act 175, Public
Acts of Michigan, 1952, as amended, and as additional security for the
prompt payment of the principal of and interest on the bonds herein
authorized, there is hereby irrevocably pledged the full faith and credit
of the City of Livonia, and in the event of deficiency of funds primarily
pledged to the payment thereof, the City covenants and agrees to levy
the taxes necessary to provide such deficiency, which taxes are not
subject to limitation as to rate or amount.
7. Said bonds shall be signed by the Mayor and
countersigned by the City Clerk and City Treasurer and the corporate seal
of the City shall be affixed thereto, and the interest coupons annexed
to said bonds shall bear the facsimile signatures of the Mayor and City
Treasurer. Said bonds when executed shall be delivered to the Treasurer
and be delivered by him to the purchaser thereof on payment of the purchase
price, in accordance with the bid therefor, when accepted.
8. Said bonds and the attached coupons shall be in
substantially the following form
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
MOTOR VEHICLE HIGHWAY FUND BOND (1969 SERIES)
No. 55,000.00
KNOW ALL MEN BY THESE PRESENTS that the CITY OF LIVONIA, County
of Wayne, State of Michigan, for value received hereby promises to pay to
the bearer hereof the sum of
FIVE THOUSAND DOLLARS
on the first day of July A.D. 19 , with interest thereon from the
date hereof until paid at the rate of per cent ( %) per annum,
payable on January 1, 1970, and semi-annually thereafter on the first day
of July and January of each year, upon presentation and surrender of the
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proper interest coupons hereto annexed as they severally become due. Both
principal of and interest on this bond are payable in lawful money of the
United States of America at
and for the prompt payment of this bond, both principal and interest,
the full faith, credit and resources of the City of Livonia are hereby
irrevocably pledged.
This bond is one of a series of one hundred fourteen (114) bonds
of even date and like tenor, except as to rate of interest and date of
maturity, aggregating the principal sum of $570,000.00, numbered
consecutively in direct order of maturity from 1 to 114, inclusive issued
for the purpose of defraying part of the City's share of the cost of high-
way improvements in the City of Livonia, in accordance with resolution
duly and regularly adopted by the City Council on March 26, 1969, pursuant
to the provisions of Act 175, Public Acts of Michigan, 1952, as amended.
This bond is not subject to redemption prior to maturity.
This bond and the interest thereon are payable from the proceeds
of State-collected taxes returned to the City of Livonia for road purposes
pursuant to law, or in case of insufficiency of said fund out of the
general funds of the City of Livonia and the resolution authorizing the
issuance and sale of said bonds contains an irrevocable appropriation of
the amount necessary to pay the principal of and interest on this bond
and the series of bonds of which this is one from moneys derived from such
State-collected taxes so returned to the City of Livonia for highway
purposes which have not been theretofore specifically allocated and
pledged for the payment of indebtedness.
It is hereby certified and recited that all acts, conditions and
things required to be done, exist and happen, precedent to and in the
issuance of said series of bonds of which this is one, in order to make
them valid and binding obligations of said city, have been done, exist
and have happened in regular and due form and time as required by law,
and that the total indebtedness of said city, including the series of
bonds of which this is one, does not exceed any constitutional, charter
or statutory limitation.
IN WITNESS WHEREOF the City of Livonia, County of Wayne, State
of Michigan, by its City Council has caused this bond to be signed in the
name of said City by its Mayor and to be countersigned by its City Clerk
and City Treasurer and its corporate seal to be hereunto affixed, and has
caused the annexed interest coupons to be executed with the facsimile
signatures of its Mayor and City Treasurer, all as of the first day of
July, A.D., 1969.
CITY OF LIVONIA
By
Mayor
(Seal)
Countersigned:
City Clerk
City Treasurer
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(Form of Coupon)
No.
On the first day of , A.D. , 19
, the City of
Livonia, County of Wayne, State of Michigan, hereby promises to pay to
the bearer hereof the sum shown hereon at
being the interest due that date on its Motor Vehicle Highway Fund Bond
(1969 Series), dated July 1, 1969, No.
Mayor
City Treasurer
9. The City Clerk shall make application to the
Municipal Finance Commission for an order granting permission for the
issuance of said bonds and approval of the form of notice of sale, and
upon receipt of such approval, the City Clerk shall cause notice of sale
of said bonds to be published in the Michigan Investor, Detroit, Michigan,
and the Livonian Observer, Livonia, Michigan, fixing the date of sale for
a regular or special meeting of the City Council occurring at least seven
(7) full days after the date of such publication.
10. The notice of sale of said bonds shall be in
the following form, subject to any changes that may be required therein
by the Municipal Finance Commission:
OFFICIAL NOTICE OF SALE
$570,000.00
CITY OF LIVONIA
COUNTY DF WAYNE, MICHIGAN
MOTOR VEHICLE HIGHWAY FUND BONDS
(1969 SERIES)
Sealed bids for purchase of the above bonds will be received
by the undersigned at the City Hall, 33001 Five Mile Road, Livonia,
Michigan, until 8:00 o'clock p. m., Eastern Standard Time, on
the day of , 1969, at which time and place said
bids will be publicly opened and read.
Said bonds will be dated July 1, 1969, will be 114 coupon bonds
of the denomination of $5,000.00 each, will be numbered consecutively
in direct order of maturity from 1 to 114 inclusive, and will bear interest
from their date at a rate or rates not exceeding six per cent (6%) per
annum, expressed in multiples of 1/8 or 1/20 of 1%, or any combination
thereof, said interest to be payable on January 1, 1970, and semi-annually
10335
thereafter on July 1st and January 1st of each year. The interest rate
on any one bond shall be at one rate only and each coupon period shall be
represented by one interest coupon. Accrued interest to the date of
delivery of such bonds must be paid by the purchaser at the time of
delivery.
Said bonds will mature serially, without option of prior
redemption, as follows :
$ 5,000.00 July 1st of each year from 1975 to 1979, inclusive,
$100,000.00 July 1st of each of the years 1980,1981, and 1982,
$125,000.00 July 1, 1983,
$120,000.00 July 1, 1984.
Both principal and interest will be payable at a bank or trust
company qualified to act as paying agent to be designated by the purchaser
of the bonds, and approved by the City Council.
For the purpose of awarding the bonds, the interest cost of each
bid will be computed by determining, at the rate or rates specified
therein, the total dollar value of all interest on the bonds from (here
insert the first day of the month next following the date of receiving
bids, or the date of the bonds, whichever is later) to their maturity and
deducting therefrom any premium. The bonds will be awarded to the bidder
whose bid on the above computation produces the lowest interest cost to
the city. No proposal for purchase of less than all of the bonds or at
a price less than their par value will be considered.
The bonds are to be issued pursuant to the provisions of Act
175, Public Acts of Michigan, 1952, as amended, and are issued in antic-
ipation of Motor Vehicle Highway Fund payments to be received by the City
of Livonia, and the said bonds will pledge the full faith and credit of
the City of Livonia for their payment.
A certified or cashier's check in the amount of $11,400.00 drawn
upon an incorporated bank or trust company, payable to the order of the
Treasurer of the City of Livonia must accompany each bid as a guaranty
of good faith on the part of the bidder, to be forfeited as liquidated
damages if such bid is accepted and the bidder fails to take up and pay
for the bonds. No interest will be allowed on the good faith checks and
checks of unsuccessful bidders will be promptly returned to each bidder's
representative or by registered mail.
Bids shall be conditioned upon the unqualified opinion of Miller,
Canfield, Paddock and Stone, attorneys of Detroit, Michigan, approving
the legality of the bonds, a copy of which will be printed on the reverse
side of each bond. The cost of such opinion and the cost of printing the
bonds shall be paid by the City. Bonds will be delitered at Detroit,
Michigan, or such other place as may be agreed upon with the purchaser.
The bonds will be accompanied by the usual closing documents, including
a certificate that no litigation is pending affecting the issuance of the
bonds.
The right is reserved to reject any or all bids.
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Envelopes containing the bids should be plainly marked "Proposal
for Bonds."
Clerk, City of Livonia
APPROVED:
STATE OF MICHIGAN
MUNICIPAL FINANCE COMMISSION
11. A copy of this resolution shall be published
in the Livonian Observer, Livonia, Michigan, a newspaper of general
circulation in the City of Livonia, Michigan, once before this resolution
becomes effective.
12. All resolutions and parts of resolutions insofar
as they conflict with the provisions of this resolution be and the same
hereby are rescinded.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara.
NAYS: None.
Councilman Ventura took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 10 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
N0. 68-8-1-35 FOR CHANGE OF ZONING FROM
RUF to PS, INTRODUCED BY COUNCILMAN VENTURA
ON MARCH 19, 1969.
A roll call vote was taken on the foregoing Ordinance with the following result
AYES : Ventura, Raymond, McCann, Nash, Milligan and McNamara.
NAYS: Kleinert.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
Councilman Ventura took from the table, for second reading and adoption,
the following Ordinance-
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AN ORDINANCE AMENDING SECTION 13 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. 68-8-1-7—FOR CHANGE OF
ZONING FROM RUF TO C-2, INTRODUCED BY
COUNCILMAN VENTURA ON MARCH 19, 1969.
A roll call vote was taken on the foregoing Ordinance with the following result
AYES : Ventura, Raymond, McCann, Nash, Milligan and McNamara.
NAYS : Kleinert.
The President declared the Ordinance duly adopted and would become effective on
publication.
Councilman Kleinert took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 32 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO. 543,
AS AMENDED, KNOWN AND CITED AS THE "CITY
OF LIVONIA ZONING ORDINANCE," BY ADDING
SECTION 3. THERETO RE. PETITION No.
68-7-1-31 FOR CHANGE OF ZONING FROM RUF
TO R-1, INTRODUCED BY COUNCILMAN KLEINERT
ON MARCH 19, 1969.
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 Kleinert, seconded by Councilman Ventura, it was
#314-69 RESOLVED, that the Council does hereby request that the Depart-
ment of Law prepare the necessary amendment so as to repeal Ordinance
No. 725.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Ventura, *Raymond, McCann, Milligan and Kleinert.
NAYS: Nash and McNamara.
The President declared the resolution adopted.
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*Councilman Raymond made the following statement. My 'yes' vote is cast
merely to begin the machinery. This should not be interpreted as determining the
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manner in which I will ultimately vote.
By Councilman McCann, seconded by Councilman Raymond, it was
#315-69 RESOLVED, that the Council does hereby request that the City
Clerk advise the Council of an available date in August 1969 on which a
special election may be held.
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.
*Councilman Milligan made the following statement: My 'no' vote is cast
because I think that this action is premature, and we should wait until such time
as the County sets a date for an election.
L *The President relinquished the Chair to the Vice-President at 8:40 P. M. ,
to support the following resolution.
By Councilman Milligan, seconded by Councilman McNamara, it was
#316-69 RESOLVED, that the matter on this agenda with respect to the
Initiatory Petition and more specifically, that part covered in Section
8.04 relative to the location of Multiple Family developments not to be
within 1,000 feet of any other residentially zoned property, as measured
from any point on the respective properties, be referred to the Department
of Law requesting them to give this Council a legal opinion as to if it is
constitutionally legal for this body to enact such an ordinance and
restrict such land use in this community.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Raymond, McNamara, Nash, Milligan and McCann.
NAYS: Ventura and Kleinert.
The Vied President declared the resolution adopted.
*The President resumed the Chair at 8:55 P. M.
By Councilman Raymond, seconded by Councilman Kleinert, it was
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#317-69 RESOLVED, that the action of the Council on the Initiatory
Petition is hereby referred to the next study session of the Council to
be held April 16, 1969.
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 McCann, and unanimously
adopted, it was
#318-69 RESOLVED, that having considered a letter from the Livonia
National Bank dated March 18, 1969 with respect to the proposed develop-
ment at Six Mile and Newburgh Roads, by Mr. Hyman Gold, the Council does
hereby refer the same to the City Planning Commission for its report and
recommendation.
By Councilman Nash, seconded by Councilman McCann, and unanimously
adopted, it was
#319-69 RESOLVED, that having considered a petition submitted by certain
residents in Arbor Estates Subdivision No. 2, dated March 18, 1969,
1. relative to alleged driveway defects, the Council does hereby refer the
same to the Bureau of Inspection for its disposition.
By Councilman Kleinert, seconded by Councilman Ventura, it was
#320-69 RESOLVED, that having considered communications, dated March 19,
1969 from the Director of Public Works, approved for submission by the
Mayor, and from the firm of John E. Hiltz & Associates, Inc. with respect
to the improvement of Newburgh Road, between Five Mile and Six Mile Roads,
as well as, thereafter, from Six Mile and Eight Mile Roads, the Council
does hereby determine that the improvement of Newburgh Road, from Five
Mile to Six Mile Roads, shall proceed in the manner previously authorized
and under contract for the estimated cost of $461,000.00; further, the
Council does hereby request the Department of Law to submit its report
relative to the cost involved in obtaining the necessary appraisals for
acquiring mandatory rights-of-way in connection with the subject proposed
improvement of Newburgh Road (Plymouth to Schoolcraft and Five Mile to
Eight Mile Road).
A roll call vote was taken on the foregoing resolution with the following result
AYES: Ventura, Raymond, McCann, Kleinert and McNamara.
NAYS: *Nash and Milligan.
The President declared the resolution adopted.
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*Councilman Nash made the following statement . My 'no' vote is cast
not because I am opposed to the improvement of Newburgh Road, but rather, because I
favor the boulevard treatment.
By Councilman Milligan, seconded by Councilman Kleinert, it was
RESOLVED, that the Council does hereby request the Department of
Law to proceed with the acquiring of 120 feet of rights-of-way on Newburgh
Road for the entire length of the improvement.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Milligan.
NAYS: Ventura, Raymond, McCann, Nash, Kleinert and McNamara.
The President declared the resolution denied.
By Councilman Milligan, seconded by Councilman Nash, it was
#321-69 RESOLVED, that having considered a communication from the Water
and Sewer Board, dated January 28, 1969, which transmits its resolution
#WS 1173 1/69, approved for submission by the Mayor, as well as having
considered a communication dated February 14, 1969 from the Water and
Sewer Division,approved by the Director of Public Works and approved for
submission by the Mayor, with respect to a proposal submitted by the
Director of Public Works for the County of Wayne, dated October 23, 1968,
relative to the modification of the Rouge Valley System for transportation
and treatment of additional sewage for Oakland County and Northville
Township, the Council does hereby approve in principle the said request,
provided, however, that actual authorization for this project shall
require the submission to Council for approval of contracts to be prepared
by the Director of Public Works of the County of Wayne as well as interest-
ed parties thereto, such contracts to be first reviewed by the Department
of Public Works as well as the Department of Law; further, the Council
does hereby rescind the reports previously requested in council resolution
#1340-68 adopted on December 4, 1968.
Councilman Ventura requested a division of the question.
A roll call vote was taken on the first part of the question:
RESOLVED, that having considered a communication from the Water and Sewer
Board, dated January 28, 1969, which transmits its resolution #WS 1173 1/69,
approved for submission by the Mayor, as well as having considered a
communication dated February 14, 1969 from the Water and Sewer Division,
approved by the Director of Public Works and approved for submission by
the Mayor, with respect to a proposal submitted by the Director of Public
Works for the County of Wayne, dated October 23, 1968, relative to the
modification of the Rouge Valley System for transportation and treatment
of additional sewage for Northville Township, the Council does hereby
approve in principle the said request; provided, however, that actual
10341
authorization for this project shall require the submission to Council
for approval of contracts to be prepared by the Director of Public Works
of the County of Wayne as well as interested parties thereto, such
contracts to be first reviewed by the Department of Public Works as well
as the Department of Law, further, the Council does hereby rescind the
reports previously requested in council resolution #1340-68 adopted on
December 4, 1968.
with the following result .
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara.
NAYS: None.
A roll call vote was taken on the balance of the question
RESOLVED, that having considered a communication from the Water and Sewer
Board, dated January 28, 1969, which transmits its resolution #WS 1173 1/69,
approved for submission by the Mayor, as well as having considered a
communication dated February 14, 1969 from the Water and Sewer Division,
approved by the Director of Public Works and approved for submission by
the Mayor, with respect to a proposal submitted by the Director of Public
Works for the County of Wayne, dated October 23, 1968, relative to the
modification of the Rouge Valley System for transportation and treatment
of additional sewage for Oakland County, the Council does hereby approve
in principle the said request, provided, however, that actual authoriza-
tion for this project shall require the submission to Council for approval
of contracts to be prepared by the Director of Public Works of the County
of Wayne as well as interested parties thereto, such contracts to be first
reviewed by the Department of Public Works as well as the Department of
Law; further, the Council does hereby rescind the reports previously
requested in council resolution #1340-68 adopted on December 4, 1968.
with the following result :
AYES : McCann, Nash, Milligan, Kleinert and McNamara.
NAYS : Ventura and Raymond.
The President declared resolution #321-69 adopted.
By Councilman Ventura, seconded by Councilman Raymond, it was
#322-69 RESOLVED, that the Wayne County Department of Public Works is
hereby requested to inform this Council whether or not we have acted
properly in the foregoing resolution (CR#321-69) with regard to Oakland
County.
A roll call vote was taken on the foregoing resolution with the following result•
AYES: Ventura, Raymond, Nash and McNamara.
NAYS : McCann, Milligan and Kleinert.
The President declared the resolution adopted.
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By Councilman Ventura, seconded by Councilman Nash, and unanimously adopt-
ed, it was
#323-69 RESOLVED, that having considered a communication from the Depart-
ment of Law, dated March 3, 1969, which transmits a proposed ordinance
to provide approval and inspection of land improvement installations which
can reasonably be anticipated to become part of or extensions of public
water, sewer, or street systems, the Council does hereby refer the same
to the Legislative Committee for its report and recommendation.
By Councilman Ventura, seconded by Councilman McCann, it was
#324-69 RESOLVED, that having considered a communication from the City
Engineer, dated February 26, 1969, approved by the Director of Public
Works and the Budget Director, and approved for submission by the Mayor,
with respect to the purchase of a new blueprinting machine to be used in
the Engineering Division, the Council does hereby determine to accept the
bid of Eugene Dietzgen Company, 24361 Greenfield Road, Southfield,
Michigan, 48075, for the purchase of a blueprinting machine in the amount
of $1835.00 as well as supplemental bid items of a stand and storage
cabinet for the sum of $250.00 and Anhydrous Ammonia System for the sum
of $250.00, for a total bid price in the amount of $2,335.00, such having
been in fact the lowest bid received for these items.
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
#325-69 RESOLVED, that having considered a communication from the Civil
Defense Director, dated March 4, 1969, approved for submission by the
Mayor and the Budget Director, with respect to providing emergency water
supply to the Livonia Emergency Operating Center, and the Project Applica-
tion #4o0-4-68 in connection therewith, the Council does hereby request
that the Director of Civil Defense together with the Budget Director do
all things necessary for the purpose of preparing specifications and
taking bids with respect to this project, pursuant to the provisions set
forth in the Financial Ordinance, Ordinance No. 216, as amended.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Ventura, Raymond, McCann, Nash, Milligan and Kleinert.
NAYS : McNamnra.
The President declared the resolution adopted.
By Councilman Nash, seconded by Councilman Kleinert, it was
10343
#326-69 RESOLVED, that having considered a communication from the
Department of Law, dated March 11, 1969, submitted pursuant to council
resolution #60-69 which transmits an appraisal made in connection with
an offer from the Pardonnet Management Company to purchase city-owned
property 1.377 acres in size which is part of the City's Sanitary Landfill
Site, the Council does hereby refer this matter to the Mayor for the
purpose of having the Administration enter into negotiations with the
Pardonnet Management Company relative to this proposed transaction.
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
#327-69 RESOLVED, that having considered a letter dated March 10, 1969
from Mr. Clarence R. Charest, attorney, submitted in behalf of Carl W.
Carlson, the Council does hereby determine to reconsider the action taken
in council resolution #170-69 with respect to Petition #68-11-2-24
submitted by Carl W. Carlson requesting permission to construct and
operate a retail bakery store with a counter for sale of coffee and donuts,
as a waiver use on property located on the south side of Plymouth Road
between Cavell and Arcola in Section 36.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Ventura, Raymond, Nash, Milligan and McNamara.
NAYS: McCann and Kleinert.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Raymond, it was
#328-69 RESOLVED, that having considered a communication dated
December 16, 1968 from the City Planning Commission which sets forth its
resolution #12-153-68 with respect to Petition #68-11-2-24, submitted by
Carl W. Carlson requesting permission to construct and operate a retail
bakery store with a counter for sale of coffee and donuts, as a waiver
use on property located on the south side of Plymouth Road between Cavell
and Arcola in Section 36 which property is zoned C-2, and the Council
having conducted a public hearing with respect to this matter on
January 29, 1969, pursuant to council resolution #18-69, the Council does
hereby reject the recommendation of the City Planning Commission and
the said Petition #68-11-2-24 is hereby approved and granted, the Council
having determined as a matter of fact that the petitioner has complied
with the requirements of the zoning classification and the standards set
forth in Section 19.06 of the Zoning Ordinance; further, the Council does
hereby rescind the action taken in council resolution #170-69, adopted on
February 26, 1969.
10344
A roll call vote was taken on the foregoing resolution with the following result.
AYES : Ventura, Raymond, Nash, Milligan and McNamara.
NAYS: McCann and Kleinert.
The President declared the resolution adopted.
At 9:45 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 Nash, it was
#329-69 RESOLVED, that having considered a communication from the Director
of Public Safety, dated March 4, 1969, approved by the Mayor, wherein it
is recommended that the City of Livonia enter into a Mutual Aid Pact
between the Fire Division of the City of Livonia and the Fire Department
of the City of Detroit, the Council does hereby determine to approve the
execution of said agreement and does authorize the Mayor and City Clerk in
behalf of the City of Livonia to affix their signatures to the same.
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, it was
#330-69 RESOLVED, that having considered a communication from the City
Engineer, dated February 7, 1969, approved by the Director of Public Works
and approved for submission by the Mayor, with respect to the 1-96
Expressway and Levan Road crossing thereof, the Council does hereby take
this means to advise the Michigan State Highway Department that it is the
intention of the Council to ultimately widen Levan Road to a width of
five (5) lanes from Plymouth Road to Schoolcraft Road, and to a width of
four (4) lanes (48 feet) from Schoolcraft Road to Five Mile Road, such
construction to be completed prior to the end of the Interstate Highway
Improvement Program.
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 McCann, seconded by Councilman Kleinert, it was
10/1
10345
#331-69 RESOLVED, that having considered a communication from the Parks
and Recreation Commission, dated March 7, 1969, approved by the Budget
Director and approved for submission by the Mayor, with respect to the
establishment of rental fees for the use of the Ford and Devon-Aire Woods
Recreation Centers during the spring and summer months, the Council does
hereby concur in the recommendations of the Parks and Recreation Commission
and does hereby determine and establish that during the Spring and Summer
months the following fees shall be in effect :
a. such activities as teen-age dances, square dancing,
etc. where sponsored or co-sponsored by the Parks
and Recreation Department shall have a rental fee
of $25 per hour with a minimum requirement of 4
hours; and
b. when the facilities are used for such activities as
teen-age dances, square dancing, etc. and are not
sponsored by the Parks and Recreation Department, the
rental fee shall be $4o per hour with a minimum
requirement of 4 hours.
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 McCann, seconded by Councilman Kleinert, it was
#332-69 RESOLVED, that having considered a communication from the Parks
and Recreation Commission dated March 7, 1969, approved by the Budget
Director and approved for submission by the Mayor, the Council does hereby
concur in the recommendation of the Parks and Recreation Commission and
the following fee structure is hereby established for athletic teams
participating in the Spring and Summer programs:
Baseball. Present Rate (per team) Proposed Rate
Class "A" Unlimited $50.00 $65.00
Softball:
Class "D" Unlimited $50.00 $65.00
Class "D" Limited $50.00 $65.00
Church Limited $50.00 $65.00
Church Unlimited $50.00 $65.00
Women's Fast Pitch $30.00 $50.00
Class "C" Fast Pitch $60.00 $65.00
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.
10346
By Councilman McCann, seconded by Councilman Kleinert, it was
#333-69 RESOLVED, that having considered a communication from the Parks
and Recreation Commission dated March 7, 1969, approved by the Budget
Director and approved for submission by the Mayor, the Council does hereby
appropriate and authorize the expenditure of $1,000 from the Anticipated
Revenues of the City's Municipal Golf Course for the purpose of purchasing
tables, chairs, a vacuum cleaner and a cooler for the concession area in
the Clubhouse at the Municpal Golf Course; and the City Clerk and City
Treasurer are authorized to do all things necessary for the purpose of
fulfilling this resolution.
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 Kleinert, and unanimously
adopted, it was
#334-69 RESOLVED, that having considered a communication from the Water
& Sewer Board, dated February 27, 1969, which transmits its resolution
#ws 1188 2/69 wherein it is recommended that an amendment be adopted to
Ordinance No. 573, the Water Rate Ordinance, to increase certain connection
charges provided therein, the Council does hereby refer the same to the
Department of Law for the preparation of the proposed Ordinance amendment.
By Councilman McCann, seconded by Councilman Kleinert, and unanimously
adopted, it was
#335-69 RESOLVED, that having considered a communication from the Water
and Sewer Board, dated February 27, 1969, approved for submission by the
Mayor, which transmits its resolution #WS 1189 2/69 wherein it is recom-
mended that an amendment be adopted to Ordinance No. 396, the Water Rate
Ordinance, so as to increase certain monthly service charges, the Council
does hereby refer the same to the Department of Law for the preparation
of the proposed Ordinance amendment.
By Councilman Milligan, seconded by Councilman McCann, and unanimously
adopted, it was
#336-69 RESOLVED, that having considered a letter from Mrs. Hilda Goldin,
19451 Antago, Livonia, Michigan, dated March 5, 1969, wherein it is
requested that a Street light be installed at the intersection of Antago
and Seven Mile Road, the Council does hereby refer the same to the
Engineering Division for its report and recommendation.
10347
By Councilman Nash, seconded by Councilman Milligan, it was
#337-69 RESOLVED, that Tru-Wall Construction Company, 23660 Telegraph,
Southfield, Michigan, as proprietors, having requested the City Council to
approve the proposed preliminary plat of the following subdivision.
Glendale Industrial Park Subdivision (formerly C.M.I. Industrial Park
Subdivision) located in the N. W. 1/4 of Section 27, City of Livonia,
Michigan, the said proposed preliminary plat being dated December 6, 1967,
and it further appearing that tentative approval of such preliminary plat
was given by the City Planning Commission, after due notice and a public
hearing on January 16, 1968, and it further appearing that such preliminary
plat, together with Development Plans and Specifications for improvements
therein have been examined and approved by the Department of Public Works
as is set forth in the report of that department dated February 25, 1969,
therefore, the City Council does hereby approve of the said preliminary
plat on the following conditions .
(1) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the provisions
of the ordinances of the City of Livonia, including the Plat Ordinance,
Ordinance No. 500, as amended, the subdivision regulations of the Planning
Commission, the regulations and specifications of the Department of Public
Works and the development plans submitted by the proprietor and approved
by such Department; all such improvements to be constructed, installed,
accomplished and completed within a period of two (2) years from the
effective date of this resolution, failing this, the approval contained
herein shall be considered null, void and of no effect whatsoever;
(2) That all inspection fees and other charges due to the City
of Livonia shall be fully paid in the time and manner provided in the said
Plat Ordinate, as amended,
(3) That the installation of such improvements shall be subject
at all times to the supervision and inspection and final approval of the
Department of Public Works and such improvements shall not be considered
as having been satisfactorily and completely installed until there is
filed with the City Council the certificate as provided in Section 7.03
of said Plat Ordinance, as amended,
(4) That the proprietor enter into an agreement with the City of
Livonia agreeing to construct, within the prescribed period of time and
in the prescribed manner, all improvements required to the extent required
by the City of Livonia and as shown on the approved development plans;
(5) That the following cash payments be made to the City
Plan review and field inspection fee $63.00
Trees - not applicable
Street Signs - not applicable
Traffic Control Signs 30.00
Survey Monuments (Cash Escrow) 250.00
(6) That the final true record plat of the aforesaid subdivision
shall be submitted and must receive final approval of the City Planning
Commission as evidence that such plat is in compliance with existing
subdivision regulations;
10348
(7) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City Council
within two (2) years from the effective date of this resolution; the City
Council shall approve final plats of the aforesaid proposed subdivision
if drawn in substantial conformity with the proposed plat as approved
herein and provided there has been compliance with all other requirements
of the Plat Act, Plat Ordinatce,and this resolution.
(8) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements, the proprietor may
file with the City of Livonia, surety bond, certified check, cash bond
or other financial assurance in such form as may be approved by the
Department of Law, guaranteeing the satisfactory installation of all such
improvements, utilities and grading by the proprietor within the prescribed
period, that in the event the proprietor elects to deposit such financial
assurances, the same shall be in the following amounts .
Sidewalk Improvements :
Sidewalks $1260.00
Construction Contingencies 140.00
Total $1400.00 (cash)
(9) That the distribution lines for telephone and electric service
are to be placed underground and ornamental street lights are to be pro-
vided throughout the subdivision, in accordance with City Ordinances.
le
By Councilman Ventura, seconded by Councilman Kleinert, it was
RESOLVED, that the foregoing resolution be amended so as to waive
the requirements for underground wiring for telephone and electric
service, but to require ornamental street lights.
A roll call vote was taken on the amendment with the following result:
AYES : Ventura, Kleinert and McNamara.
NAYS: Raymond, McCann, Nash and Milligan.
The President declared the amendment denied.
A roll call vote was taken on the original 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
#338-69 RESOLVED, that having considered a communication dated January 23,
1969 from the City Planning Commission which sets forth its resolution
#1-4-69 in regard to Petition 68-12-2-26, as submitted by Paul B. Fried
10349
of the Austin Oil Corporation, requesting permission to erect and operate
a gasoline service station on property located on the S. W. corner of
Merriman and Eight Mile Roads in the N. E. 1/4 of Section 3, which property
is zoned C-2, and the Council having conducted a public hearing with regard
to said petition on February 26, 1969 pursuant to Council Resolution
#88-69, the Council does hereby reject the recommendation of the City
Planning Commission and the said Petition 68-12-2-26 is hereby approved
and granted, the Council having determined as a matter of fact that the
petitioner has complied with the requirements of the C-2 zoning classifica-
tion and the standard set forth in Section 19.06 of the Zoning Ordinance.
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 Ventura was excused at 10.20 P. M.
By Councilman Nash, seconded by Councilman Kleinert, it was
#339-69 WHEREAS, pursuant to due and proper notice, published and mailed
to all property owners in Special Assessment District No. 70 for the
installation of sidewalks on Morlock Road from Middlebelt Road east to
Hearthstone Subdivision in the northwest 1/4 of Section 1, City of Livonia,
Wayne County, Michigan, as required by the provisions of the City Charter
and Ordinance No. 401, as amended, of the City of Livonia, a public hear-
ing thereafter having been held thereon on March 19, 1969 at 7 00 P. M.
at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City
Council having duly met and reviewed the special assessments levied on the
special assessment roll as prepared by the City Assessor to cover the
district portion of the cost of sidewalk improvements to be constructed
in Special Assessment District No. 70, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED THAT:
(1) The City Council does hereby determine that the assessments
set forth in said Special Assessment Roll dated December 23, 1968 in the
amount of $9,178.62 are fair and equitable and based upon benefits to be
derived by construction of improvements proposed in said district, in
accordance with the plans of the City Engineer and resolutions of the City
Council;
(2) Said Special Assessment Roll No. 70 is hereby approved and
confirmed in all respects,
(3) The amount of said roll shall be divided into ten (10) equal
annual installments with interest at the rate of six per cent (6%) per
annum on the unpaid balance of the assessment from sixty (60) days after
December 1, 1969. In such cases where the installments will be less than
Ten Dollars ($10.00), the number of installments shall be reduced so that
10350
each installment shall be above and as near Ten Dollars ($10.00) as
possible. The first installment shall be due and payable December 1, 1970,
Land subsequent installments on December 1st of succeeding years ;
(4) 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 said assessment roll shall then be
immediately transmitted to the City Treasurer who shall then publish notice
as is required by Section 6.03 and mail assessment statements to the
respective property owners assessed in the manner and substance as provid-
ed by said Section 6.03. Any property owner assessed may, within sixty
(60) days from December 1, 1969, pay the whole or any part of the assess-
ment without interest or penalty;
(5) The first installment shall be spread upon the 1970 City
tax roll in the manner required by Section 6.05 of Ordinance No. 401,
as amended, together with interest upon all unpaid installments from sixty
(60) days after December 1, 1969 and thereafter one (1) installment shall
be spread upon each annual tax roll together with one (1) year's interest
upon all unpaid installments, provided, however, that when any annual
installment shall have been prepaid in the manner provided by said
Ordinance No. 401, as amended, either within the sixty (60) day period
as provided by Section 6.04, or after the expiration of the sixty (60) day
period as provided by Section 6.07, then there shall be spread upon the
tax roll for such year only the interest for all unpaid installments.
L. A roll call vote was taken on the foregoing resolution with the following result
AYES: Raymond, McCann, Nash, Milligan, Kleinert and McNamara.
NAYS: None.
*Councilman Ventura returned at 10:21 P. M.
By Councilman McCann, seconded by Councilman Raymond, it was
#340-69 WHEREAS, pursuant to due and proper notice, published and mailed
to all property owners in Special Assessment District No. 71 for the open-
ing of Lyndon Avenue from Fairway Drive to a point approximately 300 feet
west of Fairway Drive in the southeast 1/4 of Section 20 in the City of
Livonia, Wayne County, Michigan, as required by the provisions of the City
Charter and Ordinance No. 401, as amended, of the City of Livonia, a public
hearing thereafter having been held thereon on March 19, 1969 at 7.00 P.M.
at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City
Council having duly met and reviewed the special assessments levied on the
special assessment roll as prepared by the City Assessor to cover the
district portion of the cost of street improvements to be constructed in
Special Assessment District No. 71; and
WHEREAS, the City Council has heard and carefully considered all
L objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED THAT:
10351
(1) The City Council does hereby determine that the assessments
set forth in said Special Assessment Roll dated January 7, 1969 in the
amount of $6,877.55 are fair and equitable and based upon benefits to be
derived by construction of improvements proposed in said district, in
accordance with the plans of the City Engineer and resolutions of the City
Council,
(2) Said Special Assessment Roll No. 71 is hereby approved and
confirmed in all respects,
(3) The amount of said roll shall be divided into ten (10) equal
annual installments with interest at the rate of six per cent (6%) per
annum on the unpaid balance of the assessment from sixty (60) days after
December 1, 1969. In such cases where the installments will be less than
Ten Dollars ($10.00), the number of installments shall be reduced so that
each installment shall be above and as near Ten Dollars ($10.00) as
possible. The first installment shall be due and payable December 1, 1970,
and subsequent installments on December 1st of succeeding years,
(4) 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 said assessment roll shall then be
immediately transmitted to the City Treasurer who shall then publish
notice as is required by Section 6.03 and mail assessment statements to
the respective property owners assessed in the manner and substance as
provided by said Section 6.03. Any property owner assessed may, within
sixty (60) days from December 1, 1969, pay the whole or any part of the
assessment without interest or penalty,
(5) The first installment shall be spread upon the 1970 City tax
roll in the manner required by Section 6.05 of Ordinance No. 401, as
amended, together with interest upon all unpaid installments from sixty
(60) days after December 1, 1969 and thereafter one (1) installment shall
be spread upon each annual tax roll together with one (1) year's interest
upon all unpaid installments; provided, however, that when any annual
installment shall have been prepaid in the manner provided by said
Ordinance No. 401, as amended, either within the sixty (60) day period
as provided by Section 6.04, or after the expiration of the sixty (60)
day period as provided by Section 6.07, then there shall be spread upon
the tax roll for such year only the interest for all unpaid installments.
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, it was
#341-69 RESOLVED, that having considered the report and recommendation
dated January 8, 1969 from the City Planning Commission, which sets forth
its resolution #11-144-68 in regard to Petition 68-7-1-29 submitted by
10352
the Planning Commission on its own motion to rezone property located on
the north side of Five Mile Road west of Inkster in the South 1/2 of
Section 13, and on the south side of Five Mile Road west of Inkster in the
North 1/2 of Section 24, and the Council having conducted a public hearing
with regard to this matter on March 19, 1969 pursuant to Council Resolution
#145-69, the Council does hereby concur with the recommendation of the
Planning Commission and the said Petition 68-7-1-29 is hereby approved and
granted, in accordance with the revised legal descriptions, 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 Depart-
ment of Law is requested to prepare an ordinance amending Ordinance No.
543 in accordance with 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 McCann, it was
#342-69 RESOLVED, that having considered the report and recommendation
dated January 22,1969 from the City Planning Commission which sets forth
its resolution #12-154-68 in regard to Petition 68-11-1-41 submitted by
the City Planning Commission on its own motion to rezone property located
at the northwest corner of Cardwell and Joy Road in Section 36, from R-1
to C-2, and the Council having conducted a public hearing with regard to
this matter on March 19, 1969 pursuant to Council Resolution #145-69, the
Council does hereby concur with the recommendation of the Planning
Commission and the said Petition 68-11-1-41 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.
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, it was
#343-69 RESOLVED, that having considered the report and recommendation
dated January 28, 1969 from the City Planning Commission which sets forth
its resolution #12-159-68 in regard to Petition 68-10-6-10, submitted by
the City Planning Commission to amend Sections 18.50, 18.50A, 18.50C,
18.50D, 18.50E and 18.50F of the Zoning Ordinance, Ordinance No. 543, as
amended, and the Council having conducted a public hearing with regard
to this matter on March 19, 1969 pursuant to Council Resolution #145-69,
the Council does hereby refer the same to the Legislative Committee for
its report and recommendation.
10353
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 McCann, it was
#344-69 RESOLVED, that having considered a communication from the Parks
& Recreation Commission, dated March 14, 1969, approved by the Budget
Director and approved for submission by the Mayor, the Council does hereby
accept the following bids for the following specified items in the follow-
ing amounts .
ITEM AMOUNT BIDDER BRAND PRICE TOTAL
Baseballs 210 doz. Olympic Sporting Wilson A1080 $12.25 $2,572.50
Baseballs 70 doz. Dee's Sport Shop Harwood CC 18.85 1,319.50
Bats 100 doz. Griswold Hanna LL10 25.70 2,570.00
Bats 40 doz. Southgate Louisville 125 34.70 1,388.00
Head Protectors 4 doz. Garden City Atchinson BH2 4.25 204.00
Catchers Gloves 6 Dee's Sport Shop Rawlings DB25 12.75 76.50
L Leg Guards 12 pr. Griswold Spalding 43-112 9.30 111.60
Catchers Gloves 12 Griswold Spalding 42-777 7.60 91.20
Girls Body
Protectors 12 Griswold Spalding 44-147 6.90 82.80
Baseball Bases 20 sets Garden City Atchinson DB25 11.20 224.00
Softballs 3 doz. Southgate Harwood 100CN 23.75 71.25
Total $8,711.35
the same having been in fact the lowest bids or lowest bids meeting
specifications received with respect to each of the foregoing.
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 McCann, and unanimously
L adopted, it was
10354
#345-69 RESOLVED, that having considered a communication dated March 13,
1969 from Keith Metcalf, Inc., Agent for Minnie Pearl's Chicken System,
Inc., 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 March 4, 1969 by the City Planning Commission in
its resolution #3-25-69, with regard to Petition 69-1-2-1, requesting
permission to build and operate a Minnie Pearl's Chicken System, Inc.
retail outlet on property located on Plymouth Road between Middlebelt and
Haller in Section 25 as a waiver use on property zoned C.-2, the Council
does hereby designate Wednesday, May 14, 1969 at 7.00 P. M. as the date
and time for conducting a Public Hearing with respect 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 Nash, and unanimously adopt-
ed, it was
#346-69 RESOLVED, that having considered a communication dated March 13,
1969 from Keith Metcalf, Inc., Agent for Minnie Pearl's Chicken System,
Inc. , 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 March 4, 1969 by the City Planning Commission in its
resolution #3-27-69, with regard to Petition 69-1-2-3, requesting permis-
sion to build and operate a Minnie Pearl's Chicken System, Inc. retail
outlet on property located on Middlebelt Road between St. Martins and
Bretton Road in Section 1 as a waiver use on property zoned C-2, the
Council does hereby designate Wednesday, May 14, 1969 at 7:00 P. M. as
the date and time for conducting a Public Hearing with respect 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 Kleinert, seconded by Councilman Nash, and unanimously
adopted, it was
#347-69 WHEREAS, pursuant to the direction of the City Council in its
resolution #1224-68 adopted on October 30, 1968, and in accordance with
Section 3.06 of Ordinance No. 401, as amended, the City Assessor of the
City of Livonia has prepared, reported and certified to the Council under
date of March 6, 1969 an assessment roll dated March 6, 1969 covering the
installation of sidewalks on the south side of Eight Mile Road from
Angling to Middlebelt Road in the north 1/2 of Section 1, City of Livonia,
contgning 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 #1224-68,
10355
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
at 7:00 P. M. on Wednesday, May 14, 1969, to review the said special assess-
ment roll, at which time and place opportunity will be given to all
interested persons to be heard,
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and circulat-
ed generally in and throughout the said City, at least ten (10) days
prior to the aforesaid date of May 14, 1969; the City Clerk is also direct-
ed to give notice of said hearing by sending written notice thereof by
first class mail to each and every property owner in the proposed assess-
ment district as their respective names and addresses appear on the most
current assessment roll in the City Assessor's Office.
By Councilman Ventura, seconded by Councilman Raymond, it was
#348-69 WHEREAS, property described as :
That part of the N. E. 1/4 of Section 23, T. 1 S.,
R. 9 E. , City of Livonia, Wayne County, Michigan,
described as beginning at the S. E. corner of Lot 43,
B. E. Taylor's Green Acres Subdivision, Liber 69,
Page 75, Wayne County Records, and proceeding thence
due north along the east line of said Lot 43, 451.00'
to the center line of existing drain, thence N. 86° 42'
20" W. along the center line of said drain, 166.18' to
a point on the west line of said Lot 43, thence due
south along the west line of said Lot 43, 460.00' to
the southwest corner of said Lot 43, thence S. 89°
48' 40" E. along the south line of said Lot 43, 165.91'
to the point of beginning. 1.73 acres (Parcel 23b43)
is included in the Master Plan for Parks for the City of Livonia, and
WHEREAS, the United States of America has entered into Contract
OSA-58 which provides for financial assistance to the City of Livonia in
acquiring the above described real property for park purposes, and
WHEREAS, it is hereby determined, upon consideration of two
competent independent appraisals that the fair market value of this real
property is $4500.00,
NOW, THEREFORE, BE IT RESOLVED, that
1. the City Council of the City of Livonia hereby authorizes
the Department of Law to acquire the aforesaid property at
a price of $4500.00, and
10356
2. the City Council does hereby authorize the expenditure of
the sum of $131 for the 1968 City, County and School
taxes applicable to this property, and does further
authorize the expenditure of the sum of $55 to cover the
cost of the title insurance policy on the subject property,
and
3. the City Council does hereby authorize the advance of
the aforesaid sums from the $4,400,000 Parks and
Recreational General Obligation Bond Issue with the
provision that any federal assistance obtained from
the Department of Housing and Urban Development shall
be reimbursed to the Parks and Recreational General
Obligation Bond Issue, and
4. the City Clerk and the City Treasurer are hereby authorized
to do all things necessary or incidental to the full
performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara.
NAYS: None.
The communication from the Department of Law with respect to Wayne County
Circuit Court Civil Action No. 125630, was received and filed for the information of
the Council.
By Councilman Ventura, seconded by Councilman McCann, it was
#349-69 RESOLVED, that having considered a communication from the City
Engineer and the Assistant City Engineer, dated March 18, 1969, approved
by the Director of Public Safety and the Director of Public Works and
approved for submission by the Mayor, to which is attached a communication
from the architectural firm of Ralls-Hamill-Becker Associates, Inc., dated
February 28, 1969, and it appearing from the aforementioned communications
that the necessary guarantees and waivers of lien relative to the final
estimate have been filed, the Council does hereby authorize the Final pay-
ment in the amount of $12,952.25 to the firm of Donald J. Nelson Construc-
tion Company, 1700 West Maple Road, Troy, Michigan, the architectural
trades contractor for the new Fire Station Headquarters Building, which
sum includes the full and complete balance due on a contract dated
July 22, 1966 between that company and the City of Livonia and also the
sum of $1123.00 for additional work performed by the aforesaid company in
connection with the construction of the Fire Division Headquarters Build-
ing; 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: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara.
NAYS: None.
10357
By Councilman Nash, seconded by Councilman Milligan, it was
#350-69 RESOLVED that, Green, Ettenheimer, Farber, Binkow Company,
14201 West 8 Mile Road, Detroit, Michigan, as proprietors, having requested
the City Council to approve the proposed preliminary plat of the following
subdivision• Dover Courts Subdivision No. 2, located in the Southwest
1/4 of Section 31, City of Livonia, Michigan, the said proposed preliminary
plat being dated November 12, 1968, and it further appearing that tentative
approval of such preliminary plat was given by the City Planning Commission,
after due notice and a public hearing on November 12, 1968; and it further
appearing that such preliminary plat, together with Development Plans and
Specifications for improvements therein have been examined and approved by
the Department of Public Works as is set forth in the report of that
department dated March 12, 1969, therefore, the City Council does hereby
approve of the said preliminary plat on the following conditions *
(1) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the provisions
of the ordinances of the City of Livonia, including the Plat Ordinance,
Ordinance No. 500, as amended; the subdivision regulations of the Planning
Commission, the regulations and specifications of the Department of Public
Works and the development plans submitted by the proprietor and approved
by such Department, all such improvements to be constructed, installed,
accomplished and completed within a period of two (2) years from the
effective date of this resolution, failing this, the approval contained
herein shall be considered null, void and of no effect whatsoever,
(2) That all inspection fees and other charges due to the City of
Livonia shall be fully paid in the time and manner provided in the said
Plat Ordinance, as amended;
(3) That the installation of such improvements shall be subject
at all times to the supervision and inspection and final approval of the
Department of Public Works and such improvements shall not be considered
as having been satisfactorily and completely installed until there is filed
with the City Council the certificate as provided in Section 7.03 of said
Plat Ordinance, as amended,
(4) That the proprietor enter into an agreement with the City of
Livonia agreeing to construct, within the prescribed period of time and in
the prescribed manner, all improvements required to the extent required by
the City of Livonia and as shown on the approved development plans,
(5) That the following cash payments be made to the City.
Trees $1,890.30
Traffic Control Signs 131.75
Street Name Signs 300.00
Survey Monuments (Escrow Payment 1,635.00
Plan Review, Field Inspection and
Administration (5% before contingencies) 7,544.30
(6) That the final true record plat of the aforesaid subdivision
shall be submitted and must receive final approval of the City Planning
Commission as evidence that such plat is in compliance with existing
subdivision regulations,
10358
(7) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City Council with-
in two (2) years from the effective date of this resolution, the City
Council shall approve final plats of the aforesaid proposed subdivision
if drawn in substantial conformity with the proposed plat as approved
herein and provided there has been compliance with all other requirements
of the Plat Act, Plat Ordinance, and this resolution.
(8) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements, the proprietor may
file with the City of Livonia, surety bond, certified check, cash bond or
other financial assurance in such form as may be approved by the Depart-
ment of Law, guaranteeing the satisfactory installation of all such improve-
ments, utilities and grading by the proprietor within the prescribed
period; that in the event the proprietor elects to deposit such financial
assurances, the same shall be in the following amounts :
General Improvement Bond - $141,900.00, of which at least
10,000.00 shall be in cash.
Sidewalk Bond - 14,060.00, of which at least
4,220.00 shall be in cash.
(9) That the distribution lines for telephones and electric
service are to be placed underground and ornamental street lights are to
be provided throughout the subdivision, in accordance with City Ordinances.
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 McCann, it was
#351-69 RESOLVED, that having considered a communication from the City
Engineer, dated March 14, 1969, approved by the Director of Public Works
and approved for submission by the Mayor, the Council does hereby accept
the unit price bid of Oak Park Excavating Company for the installation of
water mains along the proposed east-west Industrial Road in the North
1/2 of Sections 28 and 29 in the City of Livonia for the estimated cost
of $97,950.00 (based on the Engineering Division's estimate of units of
work involved) and subject to a Final Payment based upon 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 bids
received for this work, and the Director of Public Works is hereby author-
ized to approve all minor adjustments in the work as completed, and
further, the action taken herein is made subject to and conditioned upon
the successful issuance of Special Assessment Bonds for this project,
and further, the Council does hereby authorize an expenditure not to
exceed $97,950.00 from the proceeds of such Special Assessment Bonds, and
the Mayor and 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.
10359
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.
The following resolution was unanimously introduced, supported and
adopted.
#352-69 WHEREAS, the City of Livonia did cooperate with the Michigan
State Highway Department in entering into contracts with the Michigan
State Highway Department for the construction of the I-96 and I-275
Highways; and
WHEREAS, these contracts were entered into with full knowledge
on the part of all parties concerned that the Good Roads Package was
under consideration for enactment by the State Legislature of Michigan
at the time; and
WHEREAS, it was the understanding of the City of Livonia at the
time such contracts were entered into that the Michigan State Highway
Department would give due consideration to the renegotiation of the
financial participation required of the City of Livonia in the construction
of the said highways, and
WHEREAS, to this date the Michigan State Highway Department has
not agreed voluntarily to allow renegotiation of the said I-96 and I-275
contracts, and
WHEREAS, the members of the City Council are cognizant of the
efforts of the Mayor, Harvey W. Moelke, to have these contracts renegotiat-
ed in accordance with the terms and provisions of Act 4 of the P. A. of
Michigan of 1967, Extra Session (The Good Roads Package),
NOW, THEREFORE, BE IT RESOLVED THAT, the City Council takes this
means to advise the Michigan State Highway Department that Mayor Harvey W.
Moelke has the full support and backing of the Council of the City of
Livonia in his efforts to have the subject contracts renegotiated in
accordance with the schedule and formula of participation presently
provided for under the terms of the said Good Roads Package.
By Councilman Ventura, seconded by Councilman McCann, and unanimously
adopted, it was
#353-69 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
#354-69 RESOLVED, that having considered a communication from John E.
Hiltz & Associates, Inc. , Consulting Engineers, 15601 W. McNichols Road,
10360
Detroit, Michigan 48235, dated March 25, 1969, the Council does hereby
accept the unit price bid of Macomb Concrete Corporation for the paving
of Newburgh Road from Plymouth Road to Schoolcraft Road for the estimated
cost of $540,306.00 (based on estimate of units of work involved) and
subject to a 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 bids received for this
work, and the Mayor and City Clerk are hereby authorized to execute a
contract for and in 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.
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 Nash, it was
#355-69 RESOLVED, that having considered the report and recommendation
of the Water and Sewer Committee, dated March 21, 1969, with regard to a
letter from the Water and Sewer Commissioner, dated February 27, 1969,
approved by the Director of Public Works and approved for submission by
the Mayor, wherein it is recommended that the Water Department Budget for
the fiscal year 1969-70 be adopted as submitted, the Council does hereby
approve the Water Budget for the fiscal year 1969-70, as submitted.
L
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 Nash, it was
#356-69 RESOLVED, that having considered the report and recommendation
of the Water and Sewer Committee, dated March 21, 1969, with regard to a
letter from the Water and Sewer Commissioner, dated February 27, 1969,
approved by the Director of Public Works and approved for submission by
the Mayor, wherein it is recommended that the Sewer Department Budget for
the fiscal year 1969-70 be adopted as submitted, the Council does hereby
approve the Sewer Budget for the fiscal year 1969-70, as submitted.
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, it was
10361
#357-69 RESOLVED, that having considered a communication from the Michi-
gan Liquor Control Commission, dated February 24, 1969 and the report and
recommendation dated March 20, 1969 from the Director of Public Safety
in connection therewith, the Council does hereby approve of the request
from Farhan H. Zarou for the transfer of ownership of a 1968 SDM License
located at 27710 Plymouth Road, Livonia, Michigan, from George A. Jubran,
and the City Clerk is hereby requested to forward a certified copy of
this resolution to the Michigan Liquor Control Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman Milligan, it was
#358-69 RESOLVED, that having considered a communication from Mr. Richard
L. Cochran and received by the City Clerk on March 17, 1969, and in
accordance with the provisions of Act 288 of the P. A. of 1968, as amended,
as well as the City's ordinances, the Council does hereby find that the
proposed division of Lot 40, Winfield Estates Subdivision into three
parcels would not be contrary to the spirit and purpose of the aforesaid
Ordinances and does accordingly approve of dividing the same into three
parcels, the Legal Descriptions of which shall read as follows *
Parcel A
A parcel of land being a part of Lot 40 of Winfield Estates Subdivision
of the N. W. 1/4 of Section 9, T. 1 S. , R. 9 E., City of Livonia, Wayne
County, Michigan, according to the plat thereof as recorded in Liber 69,
Page 28 of Plats, W.C.R. more particularly described as :
Beginning at the Southwest corner of said Lot 40, thence
N. 0° 11' 45" W. 128.24 ft. to the Northwest corner of
said lot, thence N. 89° 56' 45" E. along the North line of
said lot 670.80 ft. to a point, thence S. 0° 11' 45" E. 131.51
ft. to a point on the south line of said lot, thence N. 89°
46' 30" W. 670.82 ft. to the point of beginning, containing
2.0 acres of land more or less.
Parcel B
A parcel of land being a part of Lot 40 of Winfield Estates Subdivision
of the N. W. 1/4 of Section 9, T. 1 S. , R. 9 E., City of Livonia,
Wayne County, Michigan, according to the plat thereof as recorded in
Liber 69, Page 28 of Plats, W.C.R. more particularly described as :
Beginning at a point on the south line of said Lot 40, said
point being S. 89° 46' 30" E. 670.82 ft. from the Southwest
corner of said lot, thence N. 0° 11' 45" W. 131.51 ft. t T'a point
on the north line of said lot, thence N. 89° 56' 45" E. along
the north line of said lot 329.23 ft. to a point, thence S. 0°
11' 45" E. 133.11 ft. to a point on the south line of said lot,
thence N. 89° 46' 30" W. 329.24 ft. to the point of beginning,
containing 1.0 acres of land more or less.
10362
Parcel C
A parcel of land being a part of Lot 40 of Winfield Estates Subdivision
of the N. W. 1/4 of Section 9, T. 1 S. , R. 9 E. , City of Livonia, Wayne
County, Michigan, according to the plat thereof as recorded in Liber 69,
Page 28 of Plats, W.C.R. more particularly described as
Beginning at a point on the south line of said Lot 40, said
point being S. 89° 46' 30" E. 1000.06 ft. from the Southwest
corner of said lot; thence N. 0° 11' 45" W. 133.11 ft. to a
point on the north line of said lot, thence N. 89° 56' 45" E.
269.02 ft. to the Northeast corner of said lot; thence S. 0°
26' 24" E. 134.42 ft. to the Southeast corner of said lot,
thence N. 89° 46' 30" W. 269.58 ft. to the point of beginning,
containing 0.83 acres of land, more or less.
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.
Councilman Ventura introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION
3.6 OF CHAPTER III OF ORDINANCE NO.
166, AS AMENDED, KNOWN AND CITED
AS "THE TAXICAB ORDINANCE."
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 Ventura, it was
#359-69 RESOLVED, that having considered a communication from the
Personnel Director dated March 7, 1969 which transmits a resolution adopted
by the Civil Service Commission on March 4, 1969 relative to salary rates
and benefits for administrative classifications including department or
division heads, assistant department or division heads and assistant city
attorney classifications, such proposed salary rates and benefits to
become effective December 1, 1968 (and retroactive thereto), and
December 1, 1969, as follows *
10363
Effective December 1, 1968
1. Provide an adjustment in salary rates in accordance with the following
schedule
Present Proposed
Classification Maximum Rate Maximum Rate
Planning Director $16,681.00 $18,761.60
City Engineer $17,950.00 18,761.60
Chief Assistant City Attorney 15,953.00 17,555.20
Manager of Systems & Data Processing 15,121.60 16,452.80
Superintendent of Operations 14,664.00 16,702.80
Budget Director 14,414.00 16,452.80
Industrial Development Coordinator 14,414.00 16,452.80
Superintendent of Parks & Recreation 13,374.00 16,452.80
Personnel Director 13,374.00 16,452.80
Assistant City Engineer 14,976.00 16,203.20
Police Chief 13,894.00 15,704.00
Fire Chief 13,894.00 15,704.00
Chief Building Inspector 13,374.00 15,121.60
Chief Accountant 12,875.00 14,726.40
Chief Librarian 12,875.00 14,539.20
Assistant City Attorney III 14,414.00 15,662.40
Assistant City Attorney II 12,875.00 15,017.60
Assistant Planning Director 12,334.40 13,936.00
Assistant Superintendent of Operations 11,752.00 13,748.80
Assistant City Assessor 12,334.40 12,459.20
Budget Analyst 11,044.00 12,459.20
Assistant Superintendent of Parks and
Recreation 10,732.00 12,459.20
Personnel Analyst II 10,732.00 12,459.20
Assistant City Attorney I 10,628.00 11,481.60
2. Improve life insurance coverage from the present maximum coverage of
$6,000 according to the following schedule.
Maximum Base Salary Rate Coverage
$ 8,001 - $10,000 $10,000
$10,001 - $12,000 $12,000
$12,001 - $14,000 $14,000
$14,001 - $16,000 $16,000
$16,001 - $18,000 $18,000
$18,001 - $20,000 $20,000
$20,001 - $22,000 $22,000
3. Improve longevity as follows with the first payment to be made in
December of 1969:
Years of Service Present Longevity Proposed Longevity
7-14 years 2-177M7$150.00 whichever is 2-1/2% or $200 whichever
less, but not to exceed $150 is less,but not to ex-
Lceed $200.
14-21 years 5%0 or $300, whichever is less 5% or $400, whichever
but not to exceed $300 is less, but not to
exceed $400
10364
21 years plus 7-1/2% or $450, whichever is 7-1/2% or $600, whichever
less but not to exceed $450 is less, but not to
exceed $600
4. Provide an additional three (3) bonus vacation days if not more than
five (5) sick leave days used during the calendar year. These days
would be earned during 1968 with bonus days to be credited on
January 1, 1969, if the employee is eligible. This policy was in
effect for these classifications until 1966.
5. Provide thirty per cent (30%) payment of accumulated sick leave upon
retirement, duty disability retirement, or in the case of death. Pay-
ment of accumulated sick leave is not presently applicable for these
classifications.
6. Provide that employees who do not use more than five (5) days of their
sick leave during the preceding calendar year shall have one (1) addi-
tional sick leave day added to their sick leave bank on January 1.
7. Provide up to four (4) days bereavement leave for grandparents of the
employee and two (2) days bereavement leave for grandparents of the
employee's spouse.
8. Provide the following changes in the Retirement Plan Ordinance
a. On or after attainment of voluntary retirement age of sixty (60),
a member shall receive a pension equal to two percent (2%) of his
average final compensation multiplied by the number of years and
fraction of a year (up to 25 years), plus one percent (1%) of
average final compensation for each year and fraction of a year
thereafter (Now - One percent (1%) times years of service plus
one-half of one percent (1/2 of 1%) X years of service up to
25 years).
b. On or after attainment of mandatory retirement age of sixty-five
(65) a member shall receive a pension equal to one and thirty-five
hundreds (1.35%) of his average final compensation multiplied by
the number of years of service and fraction of a year (up to 25
years) plus one percent (1%) for each year and fraction of a year
thereafter. (Now - one percent (1%) times years of service. )
c. The contributions of a member shall be four percent (4%) of annual
compensation. (Now - 1.75% of first $4,800 and 5% thereafter. )
d. Present retirees who were in classifications upon their retirement
which are included among these classifications, shall have their
pension adjusted effective beginning December 1, 1968, in accord-
ance with the provisions of a. or b. above, whichever is appli-
cable. No pension increases shall be made for any time prior to
December 1, 1968, in any case.
e. The mandatory retirement age shall be sixty-five (65) provided that
an employee may be continued in City employment for a period of
time not to extend more than (5) years beyond this age in accord-
ance with the provisions for such extensions set forth in Section
6.02 Normal Retirement of the Retirement Plan Ordinance. TOT:-
mandatory retirement age of (70) with extensions up to three (3)
years. )
10365
f. The rate or rates of regular interest which the Board of Trustees
of the Livonia Employees Retirement System may from time to time
determine shall be not less than three percent (3%) per annum, nor
more than six percent (6%) per annum, compounded annually. (Now -2
percent (2%) to four percent (4%).
g. The Board of Trustees of the Livonia Retirement System shall be
authorized to invest and re-invest funds to the extent and in the
manner prescribed by State Law.
9. Provide in the case of Workmen's Compensation that in the interim
period from the time of on-the-job injury until Workmen's Compensation
payments begin, no deduction shall be made from the employee's sick
leave bank from the initial time off because of on-the-job injury until
the time and date the employee is considered able to return to work
by the City Medical Examiner or doctor treating the injury at a
hospital or clinic to which the employee is sent by the City. Should
the employee not return to work by the specified date and time, any
further time off shall be deducted from his sick leave bank.
Effective December 1, 1969
1. Provide a four percent (4%) adjustment based on maximum salary rates
as of December 1, 1968.
2. Improve longevity as follows with the first payment to be made in
December of 1970•
Upon completion of five (5) years of service, and not more than
seven (7) years of service, an employee shall receive 1% of his base
rate up to $80.00, such pay to commence and accrte from the payroll
period in which the employee's 5th anniversary date occurs.
Longevity pay which commences upon completion of seven (7) years of
service shall be in lieu of the longevity pay provided here and
not in addition thereto.
3. Provide an additional paid holiday designated as Lincoln's Birthday,
with the first holiday to be February 12, 1970,
4. Provide that effective beginning January 1, 1970, employees who have
completed 15 years or more of service as of that date, shall have one
(1) additional vacation day added to their vacation bank as of
January 1, 1970. From that date, accrual of vacation credits for
employees with 15 years or more of service shall be eighteen (18)
working days per year.
the Council does hereby approve and concur in the aforesaid recommenda-
tions except with respect to the salary rate schedule established
effective December 1, 1968 for the position of Personnel Director, and
in this regard, the Council does hereby determine to withhold action for
the purpose of discussing the same with the Civil Service; further, the
Council does hereby concur in adopting amendments and changes to the
Compensation Plan, Retirement Ordinance No. 77, as amended, Life Insurance,
10366
Accidental Death, Dismemberment and Loss of Sight Insurance, so as to
effectuate the foregoing action, further, the Council does hereby request
that the Civil Service Commission together with the Department of Law
prepare the necessary amendments to the Retirement Ordinance for submission
to the Council so as to incorporate the provisions set forth in the
foregoing action.
By Councilman McCann, seconded by Councilman Kleinert, it was
RESOLVED, that the foregoing resolution be amended so as to
approve the total package as recommended by the Civil Service Commission.
By Councilman Ventura, seconded by Councilman Milligan, it was
RESOLVED, that having considered a communication from the Person-
nel Director, dated March 7, 1969, with respect to recommended salary
rates and benefits for administrative classifications including department
or division heads and assistant city attorney classifications, the Council
does hereby determine to refer this matter back to the Civil Service
Commission for further study.
A roll call vote was taken on the foregoing resolution with the following result
AYES . Ventura.
NAYS. Raymond, McCann, Nash, Milligan, Kleinert and McNamara.
The President declared the resolution denied.
A roll call vote was taken on the amendment with the following result
AYES * McCann, Nash and Kleinert.
NAYS. Ventura, Raymond, Milligan and McNamara.
The President declared the amendment denied.
A roll call vote was taken on the original resolution with the following result
AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara.
NAYS None.
The letter from the Mayor, dated March 26, 1969 relative to "Administrative
Salaries" was received and filed for the information of the Council.
By Councilman Nash, seconded by Councilman Milligan, and unanimously
adopted, it was
#360-69 RESOLVED, that having considered the report and recommendation
of the Streets, Roads and Plats Committee, dated March 21, 1969, submitted
pursuant to Council Resolution #459-68, in connection with the proposed
10367
improvement of Perth Avenue from Castle Gardens No. 5 easterly to Newburgh
Road in the S. E. l/4 of Section 19, the Council does hereby determine to
proceed no further with special assessment proceedings previously
instituted in this regard.
By Councilman Nash, seconded by Councilman Milligan, and unanimously
adopted, it was
#361-69 RESOLVED, that having considered the report and recommendation
of the Streets, Roads and Plats Committee, dated March 21, 1969, submitted
pursuant to Council Resolution #1280-68, in connection with the communica-
tion from the City Engineer relating to proposed pedestrian bridges,
walkways and sidewalks at scattered locations throughout the City, the
Council does hereby determine that no further action is required with
respect to this matter, since action with respect to the projects already
referred to has been taken.
By Councilman Nash, seconded by Councilman Milligan, it was
#362-69 RESOLVED, that having considered the report and recommendation
of the Streets, Roads and Plats Committee, dated March 21, 1969, submitted
pursuant to Council Resolution #129-69, in connection with a communication
from the Mayor proposing the installation of paving and drainage on Stark
Road (Plymouth to Lyndon) and on Lyndon Avenue (Stark to Farmington), the
Council does hereby determine to concur in the recommendation of the Mayor
to proceed with these projects in as expeditious a manner as possible.
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 Milligan, it was
#363-69 RESOLVED, that having considered the report and recommendation
of the Streets, Roads and Plats Committee, dated March 21, 1969, submitted
pursuant to Council Resolution #218-69, in connection with a communication
from the Industrial Coordinator, dated February 28, 1969, with regard to
the paving of the east-west (Industrial Road), north-south road (Westmore
Avenue) and Glendale Avenue in the N. W. 1/4 of Section 27, the Council
does hereby determine to authorize as an advance the sum of $140,000.00
from the $9,800,000.00 General Obligation Road Improvement Bond Issue for
the purpose of providing paving improvements and related road drainage
for the aforesaid road projects, said sum to be reimbursed and repaid from
the Special Assessment Bonds and monies as may become available (Special
Assessment Rolls 64, 65 and 66); 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 : Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara.,
NAYS : None.
10368
By Councilman Nash, seconded by Councilman Milligan, and unanimously
adopted, it was
#364-69 RESOLVED, that having considered the report and recommendation
of the Streets, Roads and Plats Committee, dated March 21, 1969, submitted
pursuant to Council Resolution #267-69, in connection with a communication
from the City Planning Commission, dated February 10, 1969, which transmits
its resolution #1-6-69 with regard to Petition 68-6-3-11 submitted by
residents requesting the vacation of Ashurst Avenue between Lamoyne and
Oakdale Avenue, and Rayburn Avenue between Southampton Road and Ashurst,
in the S. E. 1/4 of Section 16, the Council does hereby determine to
concur in the recommendation of the City Planning Commission and the said
Petition is hereby denied for the same reasons as those set forth in the
aforesaid communication from the Planning Commission.
By Councilman Ventura, seconded by Councilman Raymond, it was
#365-69 RESOLVED, that having considered a communication from the City
Engineer and Assistant City Engineer, dated March 20, 1969, approved by
the Director of Public Works and approved for submission by the Mayor, and
it appearing from the aforementioned communication that the necessary
contractor's affidavit and guaranty have been filed, the Council does
hereby authorize the Final Payment in the amount of $181,311.09 to the
Weissman Contracting Corporation, which sum includes the full and complete
balance due on a contract dated September 3, 1968 in the amount of
$154,552.40 and also the sum of $26,758.69 for additional work performed
by the aforesaid company in connection with the Livonia Industrial Park
Subdivision Paving Project, it being the understanding of the Council
that all work under the said contract has been completed in accordance
with City standards and specifications and that the contractor has filed
his declaration that there is no money owing for any labor or material
in connection with the work performed under said contract, further, the
Council does hereby authorize payment in the amount of $10,878.66 to the
Postiff Company for providing Engineering Design and Layout of Drainage
and Paving in the said Livonia Industrial Park Subdivision, pursuant to
a contract authorized in Council Resolution #1170-67, the Council does
hereby authorize as an advance the sum of $192,189.75 from the $9,800,000.00
General Obligation Road Improvement Bond Issue for the purpose of making
the aforesaid payments, said sum to be reimbursed and repaid from the
Special Assessment Bonds and monies as may become available for this
project; 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: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman Raymond, it was
10369
#366-69 RESOLVED, that having considered the recommendation from the City
Engineer and Assistant City Engineer, dated March 20, 1969, approved by
the Director of Public Works and approved for submission by the Mayor,
with regard to the surplus of funds in the Livonia Industrial Park
Subdivision Special Assessment District which has resulted due to the
total work being completed in amounts less than assessment report
estimates, the Council does hereby refer this matter to the City Assessor,
City Treasurer and City Clerk for the preparation of appropriate Special
Assessment Rolls and revision of the Assessment Schedule on a pro rata
basis to the owners of property assessed, such refunds and revisions to
be made by credit against future unpaid installments in the inverse order
in which they are payable to the extent such installments exist and the
balance of such refunds to be in cash, pursuant to the provisions set
forth in Article VII of Ordinance No. 401, as amended.
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 McCann, seconded by Councilman Ventura, it was
#367-69 RESOLVED, that having considered a request for the establishment
of a special fee and rate schedule for members of the Golf teams of the
High Schools located in the City of Livonia, the Council does hereby
refer the same to the Parks and Recreation Commission for their report
and recommendation in this regard.
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 McCann, seconded by Councilman Milligan, it was
#368-69 RESOLVED, that the Council does hereby authorize the expenditure
of the sum of $50.00 from Account #170-33 for the purpose of obtaining
membership for the City of Livonia in the Livonia Chamber of Commerce
for the year 1969, the Industrial Coordinator to act as the representative
of the City of Livonia in this regard, and further, the City Clerk and
City Treasurer are hereby requested to do all things necessary 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.
10370
By Councilman Milligan, seconded by Councilman Nash, and unanimously
adopted, it was
#369-69 RESOLVED, that the Council does hereby request the Bureau of
Inspection to advise Mr. Citron of the Michigan Petroleum Association
relative to the status of illegally posted signs which are cluttering
gas stations located in the City of Livonia.
By Councilman Milligan, seconded by Councilman McCann, and unanimously
adopted, this 644th regular meeting of the Council of the City of Livonia, was duly
adjourned at 11 35 P. M., March 26, 1969.
- .4101,
ADDISON W. BACON, if/ C -rk.