HomeMy WebLinkAboutCOUNCIL MINUTES 1968-07-31 9742
MINUTES OF THE SIX HUNDRED SIXTEENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On July 31, 1968, 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 8:00 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, and Robert F. Nash. Absent--
Edward G. Milligan.
Elected and appointed officials present: Addison W. Bacon, City Clerk;
Steve Polgar, City Attorney; David Perry, Assistant City Attorney; Robert A. Shaw,
Director of Public Works; Donald Nicholson, Director of Public Safety; John Dufour,
Superintendent of Parks and Recreation; Dan Andrew, Industrial Coordinator;
Henry Sieferd, City Assessor; John Stymelski, Traffic Commission; David L. Jones,
Water and Sewer Commissioner; William Strasser, City Engineer; Theodor Krauss,
Personnel Analyst; Kenneth W. Kampman, Director of Civil Defense; Victor C. Phillips,
Budget Director; Thomas J. Griffiths, Jr., Chief Accountant; Marie Talbot, Court Clerk;
Neal Hall, Traffic Commission; Robert Colomina, Water and Sewer Commission; Raymond
Danaher, Budget Analyst, John Nagy, Planning Department.
By Councilman Nash, seconded by Councilman Raymond, and unanimously
adopted, it was
#820-68 RESOLVED, that the minutes of the 615th regular meeting of the
Council of the City of Livonia, held July 24, 1968, are hereby approved,
as revised.
The President acknowledged the receipt of a letter from the Mayor, dated
July 29, 1968, relative to the proposed referendum petition charter amendment.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
Ladopted, it was
#821-68 RESOLVED, that having considered a communication, dated July 29,
1968, from the Mayor regarding the proposed referendum petition charter
amendment to reduce the number of signatures required in referendum peti-
tions, the Council does hereby refer this matter to the Legislative Com-
mittee for their report and recommendation.
9743
The President acknowledged the receipt of a letter from the Mayor, dated
July 31, 1968, relative to the paving and widening of Five Mile Road.
The following resolution was unanimously introduced, supported, and adopted:
#822-68 RESOLVED, that having considered a communication dated July 31,
1968, from the Mayor wherein it is proposed that the Council advance the
necessary funds to the Wayne County Road Commission in order that the
widening and paving of Five Mile Road be completed in 1969, the Council does
hereby concur with the recommendation of the Mayor and does hereby authorize
the advance of the necessary funds to the Wayne County Road Commission from
the 9.8 Million Dollar General Obligation Street Improvement Bond to cover
its share of 60 percent of the project costs, without interest; further such
advance is to be repaid to the City within one year after completion of the
project, and the City Clerk and City Treasurer are hereby authorized to do
all things necessary to carry out the intent of this resolution.
By Councilman Raymond, seconded by Councilman Ventura, it was
#823-68 RESOLVED, that having considered a communication from the Mayor
dated July 31, 1968, concerning the widening and paving of Five Mile Road
from Inkster to Eckles Road utilizing the proceeds of the $9,800,000.00
General Obligation Street Improvement Bond, the Council does hereby authorize
the City Clerk to request the bond counsel of the City of Livonia to do all
things necessary to facilitate the sale of the balance of this bond issue
amounting to $5,800,000.00; and further, the Department of Law is hereby
requested to do all things necessary to carry out the intent of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
The Communication from the Mayor dated July 31, 1968, regarding Newburgh
Road Paving at the Felician Sisters' Property, was received and filed for the informa-
tion of the Council.
By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted,
it was
#824-68 RESOLVED, that having considered a communication from the Parks and
Recreation Commission dated July 17, 1968, approved by the Mayor, wherein a
request is made for an authorization to make an application in the name of
160 the City for a liquor license to be used in the clubhouse of the Livonia
Municipal Golf Course, the Council does hereby refer this matter to the
Parks and Recreation Commission and requests them to file the necessary
application with the Michigan Liquor Control Commission for this purpose.
97L I4
By Councilman Nash, seconded by Councilman Raymond, it was
#825-68 RESOLVED, that having considered the recommendation dated, July 16,
1968, from the officer in charge of the Traffic Bureau as well as the
Director of Public Safety, approved by the Mayor, which transmits a copy
of the letter dated June 11, 1968, from the Board of Wayne County Road
Commissioners and having considered the necessity for the installation of
a pedestrian traffic signal device to be located at the intersection of
Inkster and West Chicago, the Council does hereby authorize the installa-
tion of the same and having been advised that the estimated cost of the
proposed traffic signal installation is $2520, does hereby approve of the
City assuming 25 percent of the total actual cost of such installation and
for this purpose the Council does hereby transfer the sum of $630 from the
Reserve for Contingencies Account to the Civic Improvement Account of the
budget; also the City does hereby agree to pay the monthly electrical
energy charges for such installation to The Detroit Edison Company upon
completion of the installation, it being understood that the County will
assume the full cost of maintaining the signal; and the Board of Wayne
County Road Commissioners is hereby requested to cause such traffic signal
to be installed at the aforesaid location in an expeditious manner; and the
City Clerk and City Treasurer are herein authorized to do all things
reasonably necessary to the full performance of this resolution; and the
City Clerk is requested to send a certified copy of this resolution to the
Board of Wayne County Road Commissioners, to the attention of the Engineer
of Traffic and Safety.
L
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman McCann, and unanimously
adopted, it was
#826-68 RESOLVED, that the proposed Ordinance amending Chapter II of
Ordinance No. 1115, as amended, of the City of Livonia, known and cited as
the "Misdemeanor Ordinance" by adding Section 2. Thereto to allow
temporary questioning of suspicious persons in public places, introduced
July 17, 1968, by Councilman Ventura and tabled on July 2t , 1968 by
CR#787-68, was taken from the table for consideration by the Council.
Councilman Ventura took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING CHAPTER II OF
ORDINANCE NO. 145, AS AMENDED, OF THE
CITY OF LIVONIA, KNOWN AND CITED AS THE
"MISDEMEANOR ORDINANCE" BY ADDING SECTION
2. THERETO.
9745
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Ventura, McCann, and McNamara.
NAYS: Raymond, Nash, and Kleinert.
The President declared the Ordinance denied.
Councilman Nash took from the table, for second reading and adoption, the
following Ordinance.
AN ORDINANCE AMENDING ORDINANCE NO. 449
KNOWN AND CITED AS THE "BUILDING CODE
ORDINANCE OF THE "CITY OF LIVONIA," AS
AMENDED, BY AMENDING SECTION 4.10 OF
ARTICLE IV THEREOF.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: None.
NAYS: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
The President declared the Ordinance denied.
LCouncilman Raymond took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
(Petition No. 68-1-3-1)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
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:
AN ORDINANCE VACATING PORTIONS OF
lbw STREET, ALLEY AND PUBLIC GROUND.
(Petition No. 68-2-3-3)
9746
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
Councilman Nash took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 7 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.
66-7-1-22 FOR CHANGE OF ZONING FROM R-S-C
TO R-7, INTRODUCED ON JULY 24, 1968 BY
COUNCILMAN NASH.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
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:
AN ORDINANCE AMENDING SECTION 12 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.
67-10-1-37 FOR CHANGE OF ZONING FROM R-7
TO PS, INTRODUCED ON JULY 24, 1968 BY
COUNCILMAN VENTURA.
9747
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
By Councilman Nash, seconded by Councilman Raymond, it was
#827-68 RESOLVED, that the proposed Ordinance to amend Ordinance No. 662
of the City of Livonia, known and cited as the "Swimming Pool Ordinance,"
by amending Section 3.10 of Article III Thereof to refer waiver requests to
the Zoning Board of Appeals, introduced July 24, 1968, by Councilman Raymond,
be tabled until the Council has had an opportunity to study the matter.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, and Kleinert.
NAYS: McNamara.
L. The President declared the "'resolution adopted.
Councilman Nash took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING ORDINANCE NO. 449,
AS AMENDED, KNOWN AND CITED AS THE
"BUILDING CODE ORDINANCE OF THE CITY
OF LIVONIA," BY AMENDING SECTION 4.09
OF ARTICLE IV THEREOF.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Ventura, McCann, Nash, and McNamara.
NAYS: Raymond and Kleinert.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
By Councilman Ventura, seconded by Councilman McCann, it was
#828-68 RESOLVED, that having considered a petition from the residents and
lim taxpayers residing on Orangelawn Avenue between Farmington and Stark Roads
dated July 1, 1968, wherein the said residents request that Orangelawn
Avenue be improved and upgraded, and before determining to make the improve-
ments in the area, the Council does hereby table this matter to the next
Study Meeting to be held on Augusta* 1968, in order to allow the parties
concerned to appear and more fully explain their request.
9748
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, and McNamara.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Nash, seconded by Councilman Raymond, it was
#829-68 RESOLVED, that having considered a communication from Alfred D.
Young, 16943 Yorkshire Drive, Livonia, dated July 2, 1968, regarding permit
procedures at the City Sanitary Landfill, as well as a letter and report
dated July 24, 1968 submitted by the Assistant Director of Public Works,
approved by the Director of Public Works and approved for submission by
the Mayor, which spells out rules and regulations as well as fees for use
of the City of Livonia Sanitary Landfill pursuant to Ordinance No. 689, the
Council does hereby refer the same to the Waste Disposal Study Committee of
the Council for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, and McNamara.
NAYS: Kleinert.
LThe President declared the resolution adopted.
By Councilman Nash, seconded by Councilman Ventura, and unanimously
adopted, it was
#830-68 RESOLVED, that having considered a letter from certain residents
of Shadyside Avenue, north of Five Mile Road, dated July 2, 1968, wherein
the said residents request no parking signs on the east side of Shadyside,
the Council does hereby refer this matter to the Department of Public
Safety and the Traffic Commission for their respective reports and
recommendations.
By Councilman Ventura, seconded by Councilman McCann, and unanimously
adopted, it was
#831-68 RESOLVED, that having considered a letter from Mr. William Diehl,
President of Denmar Estates Civic Association, dated June 29, 1968, as
well as a petition from certain residents of Woodside Drive concerning the
flooding conditions of the said Woodside Drive, the Council does hereby
refer the same to the Engineering Division for its report and recommendation.
The letter dated June 26, 1968 from Mrs. John Neitzel regarding flooded
conditions in the backyards between Puritan and Wentworth was received and filed for
the information of the Council.
9749
By Councilman Ventura, seconded by Councilman Kleinert, and unanimously
Ladopted, it was
#832-68 RESOLVED, that having considered a communication dated June 11,
1968 from the City Planning Commission which transmits its resolution
#5-66-68 adopted by the Commission on May 21, 1968, with regard to
Petition No. 68-1-2-1 submitted by G. Mayer requesting permission to install
automatic auto-wash equipment and add onto an existing building, as a waiver
use on property zoned C-2, and located on the north side of Schoolcraft
between Eckles and Hix Road in the Southwest 1/4 of Section 19, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition No. 68-1-2-1 is hereby approved and granted;
provided, however, the said petitioner shall cause gasoline pumps to be
relocated, the same to be located in accordance with the recommendation of
the City Planning Commission.
By Councilman Nash, seconded by Councilman Kleinert, and unanimously
adopted, it was
#833-68 RESOLVED, that having considered a letter from Albert W. Sidney,
Chairman, Beautification Dept., Birchwood Farms Civic Association, Beatrice
Gardens Subdivision, dated July 2, 1968, requesting certain water taps in
order to provide water for improvements made in islands and boulevards in
said subdivision, the Council does hereby refer this matter to the Water
and Sewer Board for its report and recommendation.
By Councilman Nash, seconded by Councilman Ventura, and unanimously
adopted, it was
#834-68 RESOLVED, that having considered a communication from Vance T.
Keeney of the Harvan Company dated July 9, 1968, regarding the use of
property located at 12414 Middlebelt Road, the Council does hereby refer
the same to the Engineering Division for its report and recommendation.
By Councilman Ventura, seconded by Councilman Kleinert, and unanimously
adopted, it was
#835-68 RESOLVED, that having considered a letter from Richard E. Allen
of 35852 Leon, Livonia, dated June 21, 1968, wherein Mr. Allen requests
that the operational time for the traffic signal at Plymouth and Levan
Roads be extended, the Council does hereby refer this matter to the officer
in charge of the Traffic Bureau for his report and recommendation.
By Councilman Kleinert, seconded by Councilman Ventura, and unanimously
adopted, it was
#836-68 RESOLVED, that having considered a letter from Mr. V. P. Mesch
for the Board of Directors of Coventry Gardens Improvement Assoc. dated
June 11, 1968, wherein the said improvement association requests a complete
traffic survey with special attention given to six enumerated problems, the
Council does hereby refer this matter to the Traffic Commission as well as
to the officer in charge of the Traffic Bureau for their respective reports
9750
By Councilman Nash, seconded by Councilman McCann, and unanimously
adopted, it was
#837-68 RESOLVED, that having considered a communication from Joyce Faes,
Corresponding Secretary of Kimberly Oaks Civic Association, dated June 10,
1968, requesting certain boulevard crosswalks, the Council does hereby refer
this matter to the Engineering Division for its report relative to the cost
of installing the said crosswalks; and further, the Council does hereby
refer this matter to the Department of Law to determine whether or not the
proceeds from a General Obligation Street Bond Issue may be utilized to
defray the cost of the aforesaid crosswalks.
By Councilman Nash, seconded by Councilman McCann, and unanimously
adopted, it was
#838-68 RESOLVED, that having considered a communication from Joyce Faes,
Corresponding Secretary of Kimberly Oaks Civic Association, dated June 12,
1968, regarding the installation of drains as well as cleaning up
Kimberly Park located between Lyndon and Allen in the said subdivision, the
Council does hereby refer this matter to the Operations Division for its
report and recommendation.
By Councilman Nash, seconded by Councilman Ventura, and unanimously
adopted, it was
#839-68 RESOLVED, that the Council hereby requests an opinion from the
Department of Law as to whether or not the City might spend money from the
Parks Bond Issue for the development and improvement of present parks.
By Councilman Raymond, seconded by Councilman Nash, it was
#840-68 RESOLVED, that having considered a communication from the Chairman
of the Parks and Recreation Commission dated June 11, 1968, approved by the
Budget Director and approved for submission by the Mayor, as well as the
report of the Superintendent of Operations Division dated May 3, 1968,
approved by the Director of Public Works, wherein the said Commission
concurs with the request of the Superintendent of Operations and recommends
that the sum of $6,469.00 be taken from the Parks and Recreation Bond Issue
monies in order to complete the development of Compton and Castle Gardens
Parks, the Council does hereby concur in the recommendation of the Parks
and Recreation Commission and authorizes the aforesaid appropriation of
$6,469.00 from the $4,400,000.00 General Obligation Parks and Recreational
Facilities Bond Issue monies in order to complete development of Compton
and Castle Gardens Parks.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
9751
LBy Councilman Kleinert, seconded by Councilman Ventura, it was
#841-68 RESOLVED, that having considered a communication from the Director
of Public Safety dated June 7, 1968, approved for submission by the Mayor,
and approved by the Director of Public Works, Budget Director and Superin-
tendent of Operations Division, regarding reallocation of radio funds for
the purchase of a Cushman Monitor, the Council does hereby authorize the
transfer of $3,630.00 to Account No. 173-70 (Capital Outlay) from the
following accounts in the following amounts:
Account #173-24 - $ 831
Account #184-70 - 1,415
Account #200-24 - 238
Account #235-24 - 1,146
for the purchase of the aforesaid equipment.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Raymond, seconded by Councilman Ventura, it was
RESOLVED, that having considered the communication from the
Personnel Director dated June 27, 1968, which sets forth a resolution
adopted by the Civil Service Commission at its meeting held on June 11,
1968, concerning the service recognition program, the Council does hereby
determine to refer this to the Budget Director to advise them as to what
funds would be available for this program and from what account these funds
might be taken.
By Councilman Ventura, seconded by Councilman McCann, it was
#842-68 RESOLVED, that having considered the communication from the
Personnel Director dated June 27, 1968, which sets forth a resolution
adopted by the Civil Service Commission at its meeting held on June 11,
1968, concerning the service recognition program, the Council does hereby
determine to defer this matter to the budget sessions of the Committee of
the Whole for possible inclusion in the 1968-69 budget.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, and McNamara.
NAYS: Kleinert and Nash.
The President declared the resolution adopted.
LBy Councilman Nash, seconded by Councilman Ventura, it was
#843-68 RESOLVED, that having considered the request dated June 28, 1968,
from Mr. and Mrs. Huston Harris of 9386 Montana, Livonia, together with a
favorable petition signed by 12 neighbors in the vicinity, regarding an
9752
exception from the height requirement prescribed in Ordinance No. 457, as
amended, in connection with the installation of a seven (7) foot redwood
fence to be located at the aforesaid address, as well as a letter protesting
this installation dated July 15, 1968 from Mr. and Mrs. William Logan,
9374, Montana, Livonia, the Council does hereby determine that the applicant
has failed to show any practical difficulty, hardship or special circumstance
and does hereby determine to deny the request for exception; and further the
determination of the Building Department is hereby upheld.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, and Nash.
NAYS: Kleinert, and McNamara.
The President declared the resolution adopted.
Councilman Nash introduced the following Ordinance:
AN ORDINANCE ADOPTING A FIRE PREVENTION CODE FOR
THE CITY OF LIVONIA, PRESCRIBING REGULATIONS GOVERN-
ING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM
FIRE OR EXPLOSION, AND THE ESTABLISHING OF A BUREAU
OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR
AND DEFINING THEIR POWERS AND DUTIES: PROVIDING FOR
THE REPEAL OF PRIOR ORDINANCES AND PROVIDING FOR
PENALTIES FOR VIOLATION HEREOF.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk, and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Ventura introduced the following Ordinance:
AN ORDINANCE AMENDING ORDINANCE NO. 145,
AS AMENDED, OF THE CITY OF LIVONIA, KNOWN
AND CITED AS THE "MISDEMEANOR ORDINANCE,"
BY ADDING THERETO CHAPTER XIV.
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.
9753
By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted,
it was
#844-68 RESOLVED, that the Council having considered a communication dated
July 8, 1968 from the City Engineer, approved by the Mayor and the Director
of Public Works, wherein the City Engineer has ascertained the assessed
valuation of all property affected by the proposed opening of Lyndon Avenue
from Fairway Drive to a point approximately 300 feet west of Fairway Drive,
located in the Southeast 1/4 of Section 20, T. 1 S., R. 9 E., City of
Livonia, Wayne County, Michigan, and such report having indicated the
number of parcels which show tax delinquencies, the number of parcels owned
by public authorities, the number of parcels which are vacant, and to
prepare and cause to be prepared, plans and specifications therefor and an
estimate for the cost thereof, and to file the same with the City Clerk
together with his recommendation as to what proportion of the cost should
be paid by special assessment and what part, if any, should be a general
obligation of the City, the number of installments in which assessments
may be paid and the lands which should be included in the proposed special
assessment district, and it appearing to the Council that all of such in-
formation, estimate, plans and specifications and recommendations have been
properly filed by the City Engineer with the City Clerk under date of
July 9, 1968, and that there has been a full compliance with all of the
provisions of Section 3.03 of Ordinance No. 401, as amended, entitled
"An Ordinance to Provide for the Making of Public Improvements, Defraying
the Expense Thereof by Special Assessment and a Special Assessment
Procedure," the Council does hereby set Monday, October 7, 1968, at 8:00 P.M.
as the date and time for a public hearing on the necessity for such proposed
improvement, which public hearing shall be held before the Council in the
City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04
of said Ordinance No. 401, as amended, and the City Clerk is hereby
authorized to give notice and publication of such hearing as is required by
Section 3.04 of said ordinance.
By Councilman Kleinert, seconded by Councilman Nash, it was
#845-68 WHEREAS, the City of Livonia, is in urgent need of the land
necessary for the opening of Itiyndon 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; and
WHEREAS, this Council finds that it is necessary to widen and
extend Lyndon Avenue in this area in order to facilitate a traffic pattern
and help alleviate traffic confusion as a matter of public safety, public
convenience, and for the general public welfare; and
WHEREAS, the City Engineer has recommended that Lyndon Avenue
from Fairway Drive to a point approximately 300 feet west of Fairway Drive
be widened and opened so as to provide a 31-foot wide concrete pavement and
a 60-foot right-of-way, similar to presently existing roads which are
located throughout the City, and has presented plans to and which have been
approved by this Council;
9754
NOW, THEREFORE, BE IT RESOLVED, that this Council for the City of
Livonia, Wayne County, Michigan, a Michigan Municipal Corporation and State
agency of the State of Michigan, hereby declares that the extension,
widening and changing of Lyndon Avenue in the area hereinafter described
is necessary as a public improvement for the use and benefit of the public,
for the purposes of its incorporation, and for a public purpose within the
scope of its powers, and the said Council does hereby declare that it deter-
mines it necessary to take the fee to private property upon compensation to
be paid therefor for such public improvement to it, the extension, opening,
and changing of Lyndon Avenue from Fairway Drive to a point approximately
300 feet west of Fairway Drive, which land is more specifically described
as follows;
Parcel 20J1 - That part of Bureau of Taxation Parcel 20J1 in the
Southeast 1/4 of Section 20, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan, described
as beginning at a point on the east and west 1/4
line of said Section 20, distant N. 89° 51' 16" E,
1197.22 feet from the center of said Section 20, and
proceeding thence N. 89° 511 16" E, 124.53 feet;
thence S. 0° 03' 51" E, 30 feet; thence westerly
along a curve to the right, said curve having a
radius of 273.46 feet, a central angle of 27° 5' 58",
a chord beaming of N. 76° 35' 48" W and chord length
of 128.05 feet, an arc length of 129.34 feet to the
point of beginning.
Parcel 20M1b1- The North 30 feet of that part of the Southeast 1/4
of Section 20, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, described as being the West
165 feet of the North 1/2 of the East 1/2 of the
Southeast 1/4 of said Section 20.
BE IT FURTHER RESOLVED, that the Department of Law of the City of
Livonia be and is hereby authorized and directed to institute and conduct
the necessary proceedings on behalf of the City of Livonia and the Circuit
Court of the County of Wayne, State of Michigan (that being the county
where private property sought to be taken is located), to carry out the
objects of this resolution, and to acquire by condemnation for the City of
Livonia the private property hereinbefore described for the purpose of
acquiring a right-of-way 60 feet in width in order to extend, widen and
change Lyndon Avenue from Fairway Drive to a point approximately 300 feet
west of Fairway Drive as a necessary and authorized public improvement,
and that said proceeding be brought in accordance with the provisions of
the statute of the State of Michigan provided therefor, and more parti-
cularly Act 149 of the Public Acts of 1911, as amended (by M.S.A. Section
8.11 et seq., as amended);
BE IT FURTHER RESOLVED, that the cost of the acquisition of this
property shall be financed from the general funds of the City of Livonia,
such amounts as may be used in this regard to be an advance from the pro-
ceeds of special assessment districts established for the purpose of defray-
ing the cost of the proposed improvement.
9755
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Nash, it was
#846-68 RESOLVED, that having considered the communication dated July 8,
1968 from the City Engineer, approved by the Mayor and the Director of
Public Works, regarding the opening 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, and the
necessity that appraisers be appointed to determine the fair market value
of the property to be acquired in connection with the aforesaid public
improvement, the Council does hereby determine that the Department of Law
is hereby authorized and requested to retain two expert appraisers for the
purpose of determining the fair market value of such property to be acquired;
and the City Clerk is hereby authorized and requested to pay said appriasers,
upon notification by the Department of Law that the appraisals have been
received, according to the rates established by the Wayne County Road
Commission; and further, the Council does hereby determine to authorize the
expenditure of a sum not to exceed $500.00 from the general funds of the
City of Livonia for this purpose, the same to be considered an advance from
the proceeds of special assessment districts established for the purpose of
defraying the cost of the property improvement, and which districts were
created pursuant to the provisions of Ordinance No. 401, as amended, the
"Special Assessment Procedure Ordinance"; 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, Kleinert, and McNamara.
NAYS: None.
By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted,
it was
#847-68 RESOLVED, that having considered a request from certain residents
from the area of Fairway Drive and Lyndon Avenue concerning the various
traffic problems that may arise due to the opening and paving of Lyndon
Avenue, the Council does hereby refer this matter to the Traffic Bureau of
the Police Division and the Traffic Commission for their reports and
recommendations.
By Councilman Ventura, seconded by Councilman Nash, it was
RESOLVED, that having considered a letter dated April 28, 1967
from the Mayor, the Council does hereby not approve of and concur with the
appointment of Mrs. Myra Chandler, 15715 Southampton, Livonia, Michigan, to
the City Planning Commission for a term expiring on June 9, 1970.
9756
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, McCann, and Nash.
NAYS: Raymond, Kleinert, and McNamara.
The President declared the resolution denied.
By Councilman Raymond, seconded by Councilman Kleinert, it was
RESOLVED, that having considered a letter dated April 28, 1967
from the Mayor, the Council does hereby approve of and concur with the
appointment of Mrs. Myra Chandler, 15715 Southampton, Livonia, Michigan,
to the City Planning Commission for a term expiring on June 9, 1970,
provided that Mrs. Chandler takes the oath of office required in Section 3,
Chapter X of the City Charter, administered by the City Clerk.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Kleinert, and McNamara.
NAYS: Ventura, McCann, and Nash.
The President declared the resolution denied.
By Councilman Nash, seconded by Councilman Ventura, it was
#8148-68 RESOLVED, that having considered a letter dated April 28, 1967
from the Mayor regarding the appointments of Mrs. Myra Chandler to the
City Planning Commission and a letter dated April 27, 1967 regarding the
appointment of Donald C. Pollock to the City Planning Commission as well
as a letter dated May 28, 1968 regarding the appointment of Robert Colomina
to the City Planning Commission, the Council does hereby table this matter
to a future meeting when all Council members are present.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, and Nash.
NAYS: Kleinert, and McNamara.
The President declared the resolution adopted.
Councilman Ventura introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 31 OF
THE ZONING MAP OF THE CITY OF LIVONIA
AND AMENDING ARTICLE III OF ORDINANCE
NO. 5113, AS AMENDED, KNOWN AND CITED
AS THE "CITY OF LIVONIA ZONING ORDINANCE,"
BY ADDING SECTION 3e THERETO RE: PETITION
NO. 67-8-1-31 FOR CHANGE OF ZONING FROM
R-1 AND C-1 TO C-2
9757
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 Ventura, seconded by Councilman Nash, it was
#81.9-68 RESOLVED, that having considered the recommendation dated May 16,
1968 from the City Engineer, approved by the Director of Public Works and
approved for submission by the Mayor, which transmits a copy of a letter
dated April 30, 1968 from the Board of Wayne County Road Commissioners by
Russell E. Harrison, Engineer of Traffic & Safety, and the communication
dated July 2, 1968 from the Mayor submitted pursuant to council resolution
#615-68; and having considered the necessity for the installation of a
traffic signal control device to be located at the intersection of Inkster
and Grantland, the Council does hereby authorize the installation of same;
and having been advised that the estimated cost of the proposed traffic
signal installation is $1,180.00, does hereby approve of the City assuming
twenty-five per cent (25%) of the total actual cost of such installation,
provided however said installation is timed so that the cost thereof be
billed to the City during the 1969 fiscal year; also the City does hereby
agree to pay the monthly electrical energy charges for such installation
to The Detroit Edison Company upon completion of the installation, it being
understood that the County will assume the full cost of maintaining the
signal; and the Board of Wayne County Road Commissioners is hereby requested
to cause such traffic signal to be installed at the aforesaid location in
an expeditious manner; and the City Clerk and City Treasurer are herein
authorized to do all things reasonably necessary to the full performance
of this resolution; and the City Clerk is requested to send a certified
copy of this resolution to the Board of Wayne County Road Commissioners,
to the attention of the Engineer of Traffic and Safety.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Raymond, it was
#850-68 RESOLVED, that having considered a communication dated July 2,
1968 from the Mayor submitted pursuant to council resolution #616-68, and
having also considered the report and recommendation dated May 13, 1968
from the City Engineer, approved by the Director of Public Works and
approved for submission by the Mayor, with regard to the providing of
lighting within the following park sites:
1. Country Homes Park (Garfield)
26 Kimberly Park
3. Algonquin Park
1 . Clements Circle Park
5. Rosedale Park
6. Devonshire Park
9758
the Council does herein authorize and request the City Clerk to make
application to The Detroit Edison Company, on forms provided by such company,
for the installation of lighting of a suitable lumen strength utilizing
ornamental poles with underground wiring; further, that the estimated cost
of such illumination being in the amount of $3,672.00 per year provided
however said installation be timed so that the cost thereof be reflected in
the budget for the fiscal year of 1969; and further, the Council does hereby
determine to rescind the action taken in Council Resolution No. 336-68
adopted on April 10, 1968.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman McCann, seconded by Councilman Kleinert, it was
#851-68 RESOLVED, that having considered a communication from the Library
Commission dated May 2, 1968 wherein the said Commission requests an
emergency appropriation of $10,000.00 for an increase in library personnel,
as well as a communication from the Mayor dated July 2, 1968 submitted
pursuant to council resolution #623-68, wherein the Mayor recommends that
the Council not approve this appropriation due to the City's adverse
financial situation, the Council does hereby concur in the recommendation
of the Mayor and hereby denies the requested appropriation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman Kleinert, it was
#852-68 RESOLVED, that having considered a communication from the Chairman
of the City Planning Commission dated May 10, 1968, as well as a communica-
tion from the Mayor dated July 2, 1968 submitted pursuant to council
resolution #674-68, wherein it is recommended that the Council approve the
transfer of funds for obtaining equipment, the Council does hereby concur
in the recommendation of the Mayor and authorizes the transfer of $311.77
from Account No. 157-1 (Salaries) to Account No. 157-70 (Capital Outlay)
for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Nash, seconded by Councilman Kleinert, it was
#853-68 RESOLVED, that having considered a petition signed by various
residents on Alpine Drive requesting the installation of an underground
sprinkler system in two landscaped islands on Alpine Drive, as well as a
communication from the Mayor dated July 3, 1968 submitted pursuant to
9759
council resolution #702-68, which recommends that this request be denied
due to the adverse financial condition of the City, the Council does
hereby concur in the recommendation of the Mayor and hereby denies this
request; and further the Council does hereby refer this matter to the
Water and Sewer Department for their report and recommendation as to
possible methods of financing all such installations throughout the City.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Nash, seconded by Councilman Raymond, it was
#854-68 RESOLVED, that having considered a communication dated June 25,
1968 from the Budget Director and Director of Public Safety, approved for
submission by the Mayor, concerning the appropriation necessary to imple-
ment council resolution #710-68 which approved and concurred in a two year
contract between the City of Livonia and the Livonia Police Officers
Association, the Council does hereby concur in the aforesaid recommendation
and authorizes the transfer of $36,965.00 from the Reserve for Contingencies
Account to the following accounts of the General Fund Budget:
Salaries & Holiday & Employee Benefits
Account No.
181-1 Misdemeanor
162-1 Intelligence ealiLongevity Pay963 $ 374 $ 398
107 (Pension)
83
183-1 Detective 1,430 104 124
184-1 Patrol 20,450 1,414 1,769
186-1 Juvenile 2,055 278 178
187-1 Traffic 522 120 45
188-1 General Services 11541 261 134
Total $2,658 7751-
A roll call vote was taken on the foregoing resolution with the following result
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman Kleinert, it was
#855-68 RESOLVED, that having considered a communication dated June 4,
1968 from the Personnel Director which sets forth a resolution adopted
by the Civil Service Commission at its meeting of May 28, 1968, approved
by the Budget Director and approved for submission by the Mayor, requesting
a transfer of funds for the employment of a Co-op Trainee, the Council does
hereby concur in and approve of the transfer of $358.80 from Account No.
160-23 (Publishing) to Account No. 159-1 (Salaries) of the Civil Service
Commission for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
9760
By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted,
it was
#856-68 RESOLVED, that having considered a communication dated June 25,
1968 from the Municipal Judge, requesting a new District Court Building,
the Council does hereby refer this matter to the Capital Improvement
Committee of the Council and the Municipal Building Authority for their
reports and recommendations.
The communication from the Municipal Judge, dated June 26, 1968, submitted
pursuant to council resolution #655-68 was received and filed for the information of
the Council.
By Councilman Ventura, seconded by Councilman McCann, it was
#857-68 RESOLVED, that having considered a communication dated June 20,
1968 from the Chief Inspector, approved by the Director of Public Works and
approved for submission by the Mayor, requesting a transfer of funds to
provide an appropriation to cover the added automobile allowance expense
which resulted in increasing the automobile allowance from 100 to 15¢ per
mile, as well as to cover certain printing expenses, the Council does
hereby concur in this request and does hereby transfer the sum of $5,500.00
from Account No. 221-1 (Salaries) to the following accounts in the follow-
ing indicated amounts:
Account #220-6 - Building $2,300.00
#221-6 - Plumbing 1,000.00
#222-6 - Electric 700.00
#223-6 - Heating 1,000.00
#219-20- Printing 500.00
Total $5,500.00
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Raymond, seconded by Councilman Ventura, and unanimously
adopted, it was
#858-68 RESOLVED, that having considered a communication from Donald L.
Nisun dated June 28, 1968, requesting the establishment of a salary for
constables, the Council does hereby refer the same to the Committee of the
Whole for its report and recommendation.
At 9:50 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.
9761
By Councilman Nash, seconded by Councilman Ventura, it was
#859-68 RESOLVED, that having considered a communication from the Personnel
Director dated July 3, 1968, which transmits a resolution adopted by the
Civil Service Commission on June 25, 1968, wherein the Commission recommends
that the position of Clerk-Stenographer II be established in the office of
the Council and the Zoning Board of Appeals in accordance with the memoran-
dum of the Personnel Director to the Council President dated April 26, 1968,
the Council does hereby approve of and concur in such action.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Nash, seconded by Councilman Kleinert, it was
#860-68 RESOLVED, that the City Engineer having filed with the City Clerk
a statement dated April 8, 1968 on all matters required by Section 3.03 of
Ordinance No. 401, as amended, and a first public hearing having been held
thereon on June 24, 1968, after due notice as required by Section 3.04 of
said ordinance, and after careful consideration having been given to all
such matters, the Council does hereby, pursuant to Section 3.05 of said
ordinance,
(1) accept and approve said statement in all respects;
(2) determine to make the improvement consisting of the
installation of sidewalks along both sides of Middlebelt Road
between Five Mile Road and Eight Mile Road in the City of Livonia,
Wayne County, Michigan, as described in said statement; and to
defray the cost of such improvement by special assessment upon
the property especially benefited in proportion to the benefits
derived or to be derived;
(3) approve the plans and specifications for said improvement as set
forth in said statement dated April 8, 1968;
(4) determine that the estimated cost of such improvement is
$101,992.48;
(5) determine that the cost of said improvement shall be paid for in
part by special assessments on the property benefited thereby and
in part by the City at large, in proportions hereafter established;
(6) that the proportion of the cost and expense of said improvement
to be borne and paid by the City shall be $15,000.00 for inter-
sections as well as grading, excavating, filling, ditching,
sodding and drainage, and that the balance of said cost and
expense of said public improvement amounting to $86,992.48 shall
be borne and paid by special assessments on all lands and premises
in the special assessment district as herein established in
proportion to the benefits to be derived therefrom;
9762
(7) determine that assessments made for such improvement may be paid
in five (5) equal annual installments together with interest
thereon in the amount of six per cent (6%) per annum on the
unpaid balance;
(8) designate the assessment district, describing the land and pre-
mises upon which special assessments shall be levied as follows:
Land along both sides of Middlebelt Road between
Five Mile Road and Eight Mile Road in the City of
Livonia as indicated in the City Engineer's report
of April 8, 1968;
(9) that the City Assessor is hereby directed to prepare a special
assessment roll including all lots and parcels of land within the
above district designated by the Council and to assess to each
such lot or parcel of land such relative portions of the whole
sum to be levied against all lands in the special assessment
district as the special benefits to such lots or parcels of land
bear to the total benefit of all land and also to enter upon such
roll the amount which has been assessed to the City at large, all
in accordance with the determination of the City Council; and
(10) that upon the completion of said roll the City Assessor shall
attach thereto the certificate required by the provisions of
Section 3.07 of Ordinance No. 401, as amended, of the City of
Livonia and file the same with the City Clerk who thereupon is
directed to present the same to the City Council prior to the
holding of the second public hearing thereon required by
Section 3.08 of said ordinance.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman McCann, it was
#861-68 RESOLVED, that having considered a communication dated July 24,
1968 from the Assistant City Engineer, approved by the Director of Public
Works and approved for submission by the Mayor, submitted pursuant to
council resolution #721-68, and it appearing from the aforesaid communica-
tion that the necessary contractor's affidavit has been filed, the Council
does hereby authorize the final payment in the amount of $3,000.00 to the
Macomb Concrete Corporation, 33180 Kelly Road, Fraser, Michigan, which sum
represents the balance due on a contract between that company and the City
of Livonia dated April 15, 1966, for the Amrhein Road paving and widening
project, and the City Clerk and City Treasurer are hereby authorized to do
all things necessary to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
9763
By Councilman Ventura, seconded by Councilman Kleinert, it was
#862-68 RESOLVED, that having considered a communication dated July 11,
1968 from the City Engineer, approved by the Director of Public Works and
approved for submission by the Mayor, regarding the establishment of
improvement bonds for the Valley Wood Apartment site in the Southeast 1/4
of Section 11, the site plan for which was approved by the City Planning
Commission on December 12, 1967 by its resolution #12-177-67, and the
development plans for which have been approved by the Engineering Division,
the Council does hereby approve the Development of this site on the
following conditions:
(1) All of such improvements shall be installed in conformance
with plans hereinbefore submitted to and approved by the Engineering
Division within a period of two (2) years from the date of this
resolution;
(2) That the installation of such improvements shall be supervised
and inspected by the Department of Public Works and such improvements
shall not be considered as satisfactorily installed until there is
filed with the Council a certificate from the Department of Public
Works indicating satisfactory construction or installation of such
improvements;
(3) That the developer file with the City Clerk, on such forms as
may be approved by the City Attorney, the following bonds: A General
Improvement Bond in the amount of $33,600.00, of which at least
$3,360.00 shall be in cash; and a Sidewalk Bond in the amount of
$1,000.00, of Rwhich at least $500.00 shall be in cash; the detailed
breakdown for which shall be as follows:
A. General Improvement Bond (All improvements with the
exception of sidewalks)
Water Mains $ 8,630.00
Sanitary Sewers 11,590.00
Storm Sewers 3,200.00
Paving 7,000.00
Street Name Sign 63.00
Sodding 100.00
Estimated Construction Costs 30,583.00
Construction Contingencies 3,017.00
Total $33,600.00
B. Sidewalk Improvements
Sidewalks $ 900.00
Construction Contingencies 100.00
$1,000.00
and related cash payments which are as follows:
C. Cash Payments to the City
Trees $ 350.00
Traffic Control Signs 75.00
Plan review, field inspection &
Administration 1,5711.15
(5% before contingencies)
Monuments (Escrow deposit to be
returned to the proprietor after 175.00
monuments are in place)
9764
(4) That the proprietor submit to the City Engineer as-built plans of
all improvements installed in the apartment site on cloth reproducible
material.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS; None.
By Councilman Ventura, seconded by Councilman Kleinert, it was
#863-68 RESOLVED, that having considered a communication from the Chairman
of the Water and Sewer Board which transmits resolution #WS 1082 6/68 of the
Water and Sewer Board which concurs in the recommendation of the Water and
Sewer Commissioner, wherein it is recommended that the Agreement of 1952
between the City of Livonia and the Ford Motor Company with respect to
Ordinance No. 142 be terminated and declared void, the Council does hereby
concur in the recommendation and hereby declares the aforesaid agreement
terminated and void.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Nash, seconded by Councilman Kleinert, it was
#864-68 RESOLVED, that having considered a communication from the Depart-
ment of Law and the Director of Public Works dated June 18, 1968, regarding
settlement of damages to the City water system during the Farmington Road
Paving Project, the Council hereby concurs in the recommended settlement
and the City Clerk is hereby authorized to execute the necessary releases
on behalf of the City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman McCann, it was
#865-68 RESOLVED, that having considered the communication dated June 18,
1968 from the Department of Law regarding the acquisition of proposed fire
station sites at Newburgh Road north of Seven Mile Road, Newburgh Road north
of Five Mile Road, and Middlebelt Road north of Five Mile Road and wherein
certain alternate sites are suggested, the Council does hereby determine
that the Department of Law and the Chief of the Fire Division are hereby
authorized to determine the exact locations to be utilized and recommend
the same to the City Planning Commission for inclusion in the Master Fire
Station Plan; further, the Department of Law is hereby authorized and
requested to retain two expert appraisers for the purpose of determining
the fair market value of such property to be acquired; and the City Clerk
9765
is hereby authorized and requested to pay said appraisers, upon notification
by the Department of Law that the appraisals have been received, according
to the rates established by the Wayne County Road Commission; and further,
the Council does hereby determine to authorize the expenditure of a sum not
to exceed $2,000.00 from the $1,600,000.00 General Obligation Fire Station
Bond Issue monies for this purpose; and further, the Department of Law is
hereby authorized and requested to prepare necessary resolutions in order
that condemnation proceedings may be initiated to acquire the aforesaid
fire station sites; 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, Kleinert, and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Ventura, it was
#866-68 RESOLVED, that having considered a petition received by the City
Clerk on March 1, 1968 from Mrs. Harold Mays, as well as the communication
from the Department of Law dated June 26, 1968, submitted pursuant to
council resolution #2112-68, concerning a division of property located at
35800 Joy Road, and in accordance with the provisions of Act 288 of the
Public Acts of 1968, as amended, as well as Section 18.46 of Ordinance
No. 543, as amended, the Council does hereby find that the proposed division
or partition of Lot 726b of Supervisor's Livonia Plat No. 11 would not be
contrary to the spirit and purpose of the aforesaid Ordinance and does,
accordingly, approve of dividing of the same into two parcels, the legal
descriptions of which shall read as follows:
Parcel No. 1 - The west 90 feet of the South 172 feet of
Lot 726b, Supervisor's Livonia Plat No. 11 of part of the
Southeast 1/4 of Section 32, T. 1 S., R. 9 E., Liber 66,
Page 64, Plats, Wayne County Records;
Parcel No. 2 - All of Lot 726b except the West 90 feet of
the South 172 feet thereof, of Supervisor's Livonia Plat No.
11 of part of the Southeast 1/4 of Section 32, T. 1 S., R. 9 E.,
Liber 66, Page 64, Plats, Wayne County Records;
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, and Kleinert.
NAYS: McNamara.
The President declared the resolution adopted.
9766
By Councilman Kleinert, seconded by Councilman McCann, and unanimously
Ladopted, it was
#867-68 RESOLVED, that having considered a communication dated June 27,
1968 from William A. Stacy, 15521 Blue Skies, Livonia, regarding the grading
and landscaping of the open space land area in the Greenwood Farms Sub-
division, the Council does hereby refer this matter to the Department of
Public Works for its report and recommendation.
By Councilman Kleinert, seconded by Councilman Ventura, it was
#868-68 RESOLVED, that having considered the report and recommendation
dated July 12, 1968 from the City Engineer, approved by the Director of
Public Works and approved for submission by the Mayor, the Council does
hereby amend Item No. 3 of Council Resolution No. 497-65 adopted on
May 19, 1965 so as to reduce the bond for remaining improvements in Stark
Gardens Subdivision to $10,000.00 cash to cover the cost of General improve-
ments remaining in said subdivision; and further, the sidewalk bond shall
remain the same; 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, Kleinert, and McNamara.
NAYS: None.
By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted,
it was
#869-68 RESOLVED, that having considered a communication dated July 28,
1968, from the Mayor regarding a proposed amendment to Ordinance No. 516,
known and Cited as the "Noxious Weed and Refuse Ordinance" of the City of
Livonia, the Council does hereby refer this matter to the Legislative
Committee of the Council for their report and recommendation.
By Councilman Nash, seconded by Councilman Kleinert, it was
#870-68 RESOLVED, that the City Engineer having filed with the City Clerk
a statement dated April 8, 1968 on all matters required by Section 3.03 of
Ordinance No. 401, as amended, and a first public hearing having been held
thereon on June 24, 1968, after due notice as required by Section 3.04 of
said ordinance, and after careful consideration having been given to all
such matters, the Council does hereby, pursuant to Section 3.05 of said
ordinance:
(1) accept and approve said statement in all respects;
(2) determine to make the improvement consisting of the installation
of sidewalks along both sides of Farmington Road between Five
Mile Road and Eight Mile Road in the City of Livonia, Wayne
County, Michigan, as described in said statement; and to defray
the cost of such improvements by special assessment upon the
property especially benefited in proportion to the benefits
derived or to be derived;
9767
(3) approve the plans and specifications for said improve-
ment as set forth in said statement dated April 8, 1968;
(14) determine that the estimated cost of such improvement is
$117,653.96;
(5) determine that the cost of said improvement shall be paid for in
part by special assessments on the property benefited thereby and
in part by the City at large, in proportions hereafter established;
(6) that the proportion of the cost and expense of said improvement
to be borne and paid by the City shall be $15,000.00 for inter-
sections as well as grading, excavating, filling, ditching,
sodding and drainage, and that the balance of said cost and ex-
pense of said public improvement amounting to $102,653.9( shall
be borne and paid by special assessments on all lands and premises
in the special assessment district as herein established in
proportion to the benefits to be derived therefrom;
(7) determine that assessments made for such improvement may be paid
in five (5) equal annual installments together with interest
thereon in the amount of six per cent (6%) per annum on the
unpaid balance;
(8) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows:
Land along both sides of Farmington Road between
Five Mile Road and Eight Mile Road in the City of
Livonia as indicated in the City Engineer's report
of April 8, 1968;
(9) that the City Assessor is hereby directed to prepare a special
assessment roll including all lots and parcels of land within
the above district designated by the Council and to assess to each
such 1ot or parcel of land such relative portions of the whole
sum to be levied against all lands in the special assessment
district as the special benefits to such lots or parcels of land
bear to the total benefit of all land and also to enter upon such
roll the amount which has been assessed to the City at large, all
in accordance with the determination of the City Council; and
(10) that upon the completion of said roll the City Assessor shall
attach thereto the certificate required by the provisions of
Section 3.07 of Ordinance No. 401, as amended, of the City of
Livonia and file the same with the City Clerk who thereupon is
directed to present the same to the City Council prior to the
holding of the second public hearing thereon required by
Section 3.08 of said ordinance.
L A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
9768
By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted,
L it was
#871-68 RESOLVED, that having considered a communication from the Depart-
ment of Law dated July 1, 1968, concerning a proposed ordinance amending
Section 10.02 of Article X and Section 11.03 of Article XI of Ordinance No.
543, as amended, of the City of Livonia, known and cited as the "City of
Livonia Zoning Ordinance", the Council does hereby refer this matter to the
Legislative Committee of the Council for its report and recommendation.
By Councilman Kleinert, seconded by Councilman Raymond, it was
#872-68 RESOLVED, that having considered a communication dated July 12,
1968 from the Department of Law, transmitting for Council acceptance a quit
claim deed dated November 7, 1967 executed by Rose-Hill Investment Co., a
Michigan Corporation, by Leonard R. Farber, President, Abe Green and Rose
Green, his wife by Aubrey H. Ettenheimer, their Attorney in Fact, Aubrey H.
Ettenheimer and Hilda Ettenheimer, his wife by Aubrey H. Ettenheimer, her
Attorney in Fact, Leonard R. Farber and Dolores Farber, his wife, Howard M.
Binkow and Anne Binkow, his wife, and Harry Lightstone and Julia Lightstone,
his wife, which deed purports to convey to the City of Livonia a right-of-
way, the legal description of which is as follows:
The south 60 feet of that part of the S. W. 1/4 of Section 31,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan
described as beginning at a point on the south line of Section 31
distant N. 87° 32' 10" E. 982.89 feet from the S. W. corner of
Section 31 and proceeding thence N. 87° 32' 10" E. along said
line 1606.25 feet to the south 1/4 corner of Section 31; thence
N. 2° 19' 30" W. along the N. & S. 1/4 line of Section 31, 672.20
feet; thence S. 87° 37' 30" W. 1296.90 feet; thence S. 86° 15' 30"
W. 311.06 feet to the east line of Dover Courts Subdivision as
recorded in Liber 89, pages 36 & 37 of the Wayne County Records;
thence S. 2° 27' 50" E. along said line 684.48 feet to the point of
beginning. (Bureau of Taxation parcel 31 GG1)
the Council does hereby determine, for and in behalf of the City of Livonia,
to accept the aforesaid instrument, and the City Clerk is hereby requested
to have the same recorded in the office of the Wayne County Register of
Deeds and to do all other things necessary or incidental to the full per-
formance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Ventura, it was
w #873-68 RESOLVED, that having considered a communication dated July 11,
1968 from the Department of Law, transmitting for Council acceptance a
warranty deed dated June 14, 1968 executed by National Casualty Company,
which deed purports to convey to the City of Livonia land located in the
Civic Center of Livonia, the legal description of which is as follows:
9769
Part of the Northwest 1/4 of Section 22, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan,
described as: Beginning at a point on the West line of
Section 22, distant South 1 degree 25 minutes 00 seconds
West, 1319.98 feet from the Northwest corner of said
Section 22, and proceeding thence South 88 degrees 29 minutes
00 seconds East 198.00 feet, thence North 1 degree 25
minutes 00 seconds East, 30.00 feet; thence South 88 degrees
29 minutes 00 seconds East 102.00 feet, thence North 1 degree
25 minutes 00 seconds East 129.98 feet, thence along the South
and East boundaries of land owned by the City of Livonia, three
courses as follows: thence South 88 degrees 29 minutes 00
seconds East 720.00 feet, thence North lab degrees 28 minutes
00 seconds East 211.95 feet, thence North 1 degree 25 minutes
00 seconds East 450.00 feet; thence South 88 degrees 29 minutes
00 seconds Fast 808.29 feet to the center line of Brookfield
Avenue; thence South 1 degree 16 minutes 00 seconds West
1257.40 feet; thence North 88 degrees 29 minutes 00 seconds
West 1981.58 feet to the West line of Section 22, thence North
1 degree 25 minutes 00 seconds East 197.140 feet along said
West section line to the point of beginning, except that portion
thereof described as: Beginning at a point located North 1
degree 37 minutes 52 seconds East, 826.90 feet and North 88
degrees 29 minutes 00 seconds West 659.85 feet from the
center corner of said Section and proceeding thence North 88
degrees 29 minutes 00 seconds West, 143.00 feet, thence
North 1 degree 16 minutes 00 seconds West, 501.00 feet,
thence South 88 degrees 29 minutes 00 seconds East, 1143.00
feet, thence South 1 degree 16 minutes 00 seconds East, 501.00
feet, to the point of beginning.
the Council does hereby determine, for and in behalf of the City of Livonia,
to accept the aforesaid instrument and the City Clerk is hereby requested
to have the same recorded in the Office of the Wayne County Register of
Deeds and to do all other things necessary or incidental to the full
performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Raymond, it was
#8714-68 RESOLVED, that having considered a letter from the City Engineer
dated June 28, 1968, approved by the Director of Public Works and approved
for submission by the Mayor, which transmits an invoice from the Office of
the Wayne County Drain Commissioner, indicating that certain charges are due
and owing in connection with the cleanout and maintenance on various drains
servicing drainage districts within the City of Livonia, the Council does
hereby authorize the payment of the sum of $613.95 to be made to Mr. Louis E.
Funk, Wayne County Treasurer, 222 City-County Building, Detroit, Michigan,
48226, and for this purpose the sum of $613.95 is hereby transferred from
the Reserve for Contingencies Account to Account No. 360 (Civic Improvement);
9770
and the City Clerk and City Treasurer are hereby authorized to do all
things necessary or incidental to the full performance of this resolution.
roll call vote was taken on the foregoing resolution with the following result:
10
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman Kleinert, and unanimously
adopted, it was
#875-68 RESOLVED, that in accordance with the provisions set forth in
Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended,
the City Zoning Act (M.B.A. Sec. 5.2934), as well as Article XXIII of
Ordinance No. 543, the Zoning Ordinance of the City of Livonia, the Council
does hereby determine that a public hearing will take place before the City
Council of the City of Livonia on Monday, September 9, 1968 at 8:00 P. M.,
at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan on
Petition No. 68-1-6-1 submitted by the City Planning Commission to amend
Section 4.04 of Ordinance No. 543, the Zoning Ordinance, so as to provide
for the waiving of lot depth requirements by the Planning Commission where
immovable physical boundary limitations exist, the City Planning Commission
having in its resolution #3-33-68 recommended to the City Council that
Petition No. 68-1-6-1 be approved; further, that the City Clerk is hereby
requested to no less than fifteen days prior to the aforesaid date of said
L public hearing cause to have a statement indicating the nature of the
proposed amendment to the Zoning Ordinance as set forth above first to be
published in the official newspaper of the City or a newspaper of general
circulation in the City of Livonia, as well as to not less than fifteen
days prior to said public hearing cause to have notice to be given by
registered mail to each public utility company and to each railroad company
owning or operating any public utility or railroad within the districts or
zones affected; and the City Clerk is requested to do all things necessary
or incidental to the full performance of this resolution.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#876-68 RESOLVED, that having considered a communication from Mr. James F.
Finn, Attorney for the Gordon-Begin Company, dated July 1, 1968, requesting
final plat approval for the Lou-Har Subdivision, the Council does hereby
determine to table this matter until such time as the final action is taken
on Petition No. 68-1-6-1.
By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted,
it was
#877-68 RESOLVED, that having considered the request made in behalf of
certain residents on Alexander Drive by Roland Aragona, 14231 Alexander
Drive, Livonia, in a communication dated July 25, 1968, the Council does
hereby grant permission to such residents to hold a street dance on
Alexander Drive between Meadowlark and Buckingham on Saturday, August 3,
1968 between the hours of 9:00 P. M. and 1:00 A. M., subject to the
approval of the Director of Public Safety.
9771
By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted,
L it was
#878-68 RESOLVED, that the Council does hereby suspend their rules for
procedure as outlined in council resolution #337-56, so as to permit con-
sideration of several items that do not appear on the agenda.
By Councilman Kleinert, seconded by Councilman Ventura, and unanimously
adopted, it was
#879-68 RESOLVED, that having considered a request dated July 23, 1968
from Mr. William J. Sobkow, 8861 Utah, Livonia, Michigan, regarding an
exception from certain requirements prescribed in Ordinance No. 662, as
amended, in connection with the construction of a private swimming pool
located at the aforesaid address, the Council does hereby grant the request
for such an exception of the Ordinance pursuant to Section 3.10 of
Ordinance No. 662, as amended, and authorizes the issuance of a building
permit to construct the said swimming pool on the aforesaid property 5' 6"
from the rear lot line and 6' 0" from the side lot line in lieu of the 10'
required, in the manner as shown on the map attached to the aforesaid
communication.
By Councilman Kleinert, seconded by Councilman Raymond, it was
#880-68 RESOLVED, that having considered the report and recommendation
dated July 24, 1968 from the City Engineer, approved for submission by the
Mayor and the Director of Public Works, the Council does hereby amend item
No. 8 of Council Resolution No. 190-68 adopted on February 28, 1968, so as
to reduce the bond for remaining improvements in Gold Manor Subdivision #1
to $10,000.00, of which at least $10,000.00 shall be in cash, to cover the
cost of remaining improvements in said subdivision; and further, the side-
walk bond shall remain the same; 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, Kleinert, and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Raymond, and unanimously
adopted, it was
#881-68 RESOLVED, that having considered a request dated July 25, 1968,
from Mr. R. J. Fesko, 8851 Utah, Livonia, Michigan, regarding an exception
from certain requirements prescribed in Ordinance No. 662, as amended, in
connection with the construction of a private swimming pool located at the
L aforesaid address, the Council does hereby grant the request for such an
exception of the Ordinance pursuant to Section 3.10 of Ordinance No. 662,
as amended, and authorizes the issuance of a building permit to construct
9772
the said swimming pool on the aforesaid property 61 0" from the rear lot
line and 7' 0" from the side lot line in lieu of the 10' required, in the
manner as shown on the map attached to the aforesaid communication.
By Councilman Nash, seconded by Councilman McCann, it was
#882-68 RESOLVED, that the Council does hereby request the Department of
Public Works to furnish the Council with a report relative to elevations,
curbs, and any other interference with water flow, or other ramifications
involved, in regard to putting sidewalks on the west side of Harrison
Avenue from Broadmoor to Five Mile Road prior to proceeding further with
the single lot assessment.
By Councilman Raymond, seconded by Councilman Ventura, it was
RESOLVED, that the Council does hereby reconsider the previous
action authorized by CR#790-68 which was adopted at a regular meeting of
the Council held July 24, 1967.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura and Raymond.
NAYS: McCann, Nash, Kleinert, and McNamara.
The President declared the resolution denied.
By Councilman Ventura, seconded by Councilman McCann, it was
RESOLVED, that the foregoing resolution offered by Councilman
Nash be amended by adding all proceedings authorized by CR#790-68 are hereby
suspended and held in obeyance until the Council receives a report from the
Engineer.
Councilman Kleinert stated that the motion was out of order.
The President ruled that the motion was out of order and Councilman Ventura challenged
the ruling of the Chair. The President relinquished the Chair to the Vice President
at 9:50 P. M.
A roll call vote was taken on the challenge to the ruling of the Chair with the
following result:
AYES: Raymond, McNamara, Nash, Kleinert, and McCann.
NAYS: Ventura.
The Vice President declared the ruling of the Chair upheld and the motion out of
order.
The President resumed the Chair at 9:55 P. M.
A roll call vote was taken on the original resolution with the following result:9773
AYES: Raymond, McCann, Nash, and McNamara.
NAYS: Ventura and Kleinert.
The President declared the resolution adopted.
By Councilman Raymond, seconded by Councilman Ventura, it was
RESOLVED, that all work and action in regards to the single lot
assessment authorized in CR#?90-68 be suspended for two weeks except as to
the report of the Engineer.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, and McCann.
NAYS: Nash, Kleinert, and McNamara.
The President declared the resolution denied.
By Councilman Kleinert, seconded by Councilman McCann, it was
#883-68 RESOLVED, that having considered a communication from the Chairman
of the Water & Sewer Board, dated July 30, 1968, which transmits resolution
WS 1105 7/68 of the Water and Sewer Board wherein the Water and Sewer Board
concurs with the recommendation made by the Engineering Division in a letter
dated July 25, 1968, attached thereto, the Council does hereby accept the
bid of J. Mancinelli Excavating Co., Inc., 25120 Trowbridge, Dearborn,
Michigan, for installing the Five Mile Road-Schoolcraft Sanitary Relief
Sewer for the estimated cost of $295,020.00, based on the Engineering
Division's estimate of units of work involved, and subject to a final pay-
ment based on the actual units of work as constructed in accordance with
the unit prices accepted herein, said estimated cost and unit prices having
been in fact the lowest bid received for this work; and the Council does
hereby request the Wayne County Road Commission to approve the awarding of
this contract and to authorize an expenditure of $295,020.00 from the
reserves of the Series III County Bonds to cover the subject sanitary sewer
installations; and the Director of Public Works is hereby authorized to
approve all minor adjustments in any work completed; 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.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman Nash, it was
9774
#884-68 RESOLVED, that having considered a communication dated July 23,
1968,from the Director of Civil Defense, approved for submission by the
Mayor and Budget Director, regarding an additional salary appropriation for
Auxiliary Police, the Council does hereby concur in this request and hereby
approves the transfer of the sum of $4,000.00 from the Reserve for
Contingencies Account to Account No. 166-1 for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann, Nash, Kleinert, and McNamara.
NAYS: None.
The President relinquished the chair to the Vice President at 11:10 P. M.
to offer the following resolution:
By Councilman McNamara, seconded by Councilman Nash, and unanimously
adopted, it was
#885-68 RESOLVED, that the Council does hereby request the Department of
Public Works to initiate a study to determine the feasibility of supplying
sewer service to the Interchange Industrial Park located at Seven Mile and
Haggerty Roads in such a manner as to avoid interference with the proposed
Expressway Interchange, and further to submit its report and recommendation
regarding this matter to the City Council.
On motion of Councilman Ventura, seconded by Councilman Raymond, and unani-
mously adopted, this 616th meeting of the Council of the City of Livonia was duly
adjourned at 11:15 P. M., July 31, 1968.
ADDISON W. BACON, Ci C1- k