HomeMy WebLinkAboutCOUNCIL MINUTES 1965-06-02 Page 7236
MINUTES OF THE FOUR HUNDRED NINETY-SEVENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On June 2, 1965, 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 Pinto delivered the invocation Roll was
called with the following result: Present--Rudolf R Kleinert, Charles J Pinto,
Daniel C. Allen, John F Dooley, Edward H McNamara and James R McCann
Absent--*Peter A Ventura
Elected and appointed officials present. Addison W Bacon, City Clerk,
Steve Polgar, City Attorney, Milton I Firestone, Assistant City Attorney, Robert A
Shaw, Director of Public Works, David L Jones, Water and Sewer Commissioner, Don
Hull, City Planner, William J Strasser, Chief City Engineer, Thomas J Griffiths, Jr ,
Chief Accountant, John Dufour, Superintendent, Parks and Recreation, Victor Beale,
Executive Secretary to the Mayor, Daniel R Andrew, Industrial Coordinator, Joel
LaBo, Director of Public Safety
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#537-65 RESOLVED that, the minutes of the 496th regular meeting of the
Council of the City of Livonia held on May 26, 1965, are hereby approved
By Councilman Dooley, seconded by Councilman Allen, it was
#538-65 RESOLVED that, having considered the recommendation dated
May 17, 1965, from the Chairman of the Industrial Development Commission,
approved for submission by the Mayor, the Council does hereby authorize
the Industrial Development Commission to Proceed with an advertising
program consisting of twenty-six 2 columns x 3 inch advertising in the Sunday
Industrial Real Estate Section of the Detroit News for a total cost of
$2,588.04, pursuant to the automatic renewal provisions of the contract in
existence with the Detroit News
A roll call vote was taken on the foregoing resolution with the following result:
AYES. Pinto, Allen, Dooley, McNamara, McCann and Kleinert.
NAYS None
The couuuunication dated May 20, 1965, from the Department of Law, sub-
mitted pursuant to resolution #250-65, regarding the status of St Priscilla Church
Page 7237
and Livonia Mall relative to completion of storm sewer and driveway work, was re-
ceived and filed
By By Councilman Dooley, seconded by Councilman McNamara, it was resolved that
#539-65 WHEREAS, the City of Livonia is in urgent need of the land
described hereafter for public park, playground and recreational purposes,
BE IT RESOLVED that, the City Council for the City of Livonia,
Wayne County, Michigan, a municipal corporation and state agency of the
State of Michigan, hereby declares that the development of the area herein-
after described is necessary for a public improvement for the use and
benefit of the public for the purpose of its incorporation and for a
public purpose within the scope of its powers, and the City Council does
hereby declare that it deems it necessary to take private property, upon
compensation to be paid therefor, for such public improvement, to wit
development of land for public park, playground and recreational purposes,
comprising the following described lands, to wit
Parcel No 1
Lot 249 of Grennada Park Subdivision of the Northeast 1/4
of the Southeast 1/4 of Section 21, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan,
BE IT FURTHER RESOLVED that, the City Attorney of the City of
Livonia be and hereby is authorized and directed to institute and conduct
the necessary proceedings on behalf of the City of Livonia in the Circuit
Court for the County of Wayne, State of Michigan (that being the county
where the private property sought to be taken is located) , to carry out the
objects of this resolution and to acquire be condemnation for the City of
Livonia the private property hereinbefore described for the purpose of
developing land for public park, playground and recreational purposes as
hereinbefore set forth as a necessary and authorized public improvement,
and that said proceedings be brought in accordance with the provisions of
the statutes of the State of Michigan provided therefor, and more particularly
Act 149 of the Public Acts of 1911, as amended, being Stat. Ann 8 11 et seq. ,
as amended,
BE IT FURTHER RESOLVED that, the cost of acquisition of this
property shall be financed from the General Fund of the City
A roll call vote was taken on the foregoing resolution with the following result
AYES: Pinto, Allen, Dooley, McNamara, McCann and Kleinert
NAYS: None.
*Councilman Ventura arrived at 8:20 P. M.
By Councilman Dooley, seconded by Councilman McNamara, it was
#540-65 RESOLVED that, having considered a coimuunication dated May 18, 1965,
from the Department of Law with regard to condemnation proceedings in order
to obtain and acquire Lot 249 of Grennada Park Subdivision, for park, play,
ground and recreational purposes, and the necessity that appraisers be ap-
Page 7238
pointed to determine the fair market value of the property taken and any
damages resulting therefrom and to testify in court if necessary, the Council
does hereby determine that the Department of Law is hereby authorized and
NL directed to retain two appraisers to determine the fair market value of the
property necessary to be taken and any resultant damages therein for the
acquisition of Lot 249 of Grennada Park Subdivision in the condemnation
proceedings ordered, and the City Clerk is hereby authorized and directed to
pay said appraisers, upon notification by the Department of Law that the
appraisals have been received, according to the rates established by the
Wayne County Road Commission and an additional sum of $50 00 for each half
day that each appraiser shall testify on behalf of the City of Livonia in
said condemnation proceedings .
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Pinto, Allen, Dooley, McNamara, McCann, Ventura and Kleinert
NAYS: None
The letter dated May 18, 1965, from Compton Village Civic Association
regarding paving of Harrison between Gita and Lyndon, was received and filed
By Councilman Dooley, seconded by Councilman Allen and unanimously
adopted, it was
#541-05 RESOLVED that, the City Council having informally requested the
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Chief City Engineer to ascertain the existing valuation of all property
affected by the proposed paving of the east one-half of Harrison Avenue,
from Lyndon Avenue south to Cita Avenue, in the S. W. 1/4 of Section 24,
T. 1 S. , R. 9 E , City of Livonia, Wayne County, Michigan, 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 assess-
ments 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 information, estimate, plans and specifications and recommendations
have been properly filed by the Chief City Engineer with the City Clerk
under date of May 26, 1965, 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 Assess-
ment Procedure", the Council does hereby set Monday, June 28, 1965, at
7 30 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, 3300I 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
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required by Section 3 04 of said ordinance
By Councilman McNamara, seconded by Councilman McCann, it was
Page 7239
#542-65 RESOLVED that, having considered a communication dated May 17,
1965, from the Michigan Public Service Commission regarding the intention
to widen and improve Newburgh Road, and the Council having heretofore
requested the Public Service Commiission to install half roadway gates at
crossings on Newburgh Road and Stark Road in the City of Livonia, by
resolutions #967-64 and #468-65, the Council does hereby rescind resolu-
tions #967-64 and #468-65, and withdraws said request, the Council having
enacted Ordinance No. 515 regulating the speed and operation of trains
within the City of Livonia, and the City Clerk is hereby requested to send
a certified copy of this resolution to the Michigan Public Service Com-
mission, State of Michigan, Lansing, Michigan, 48913, to the attention of
Otto F. Sonefeld, Director, Railroad Division.
A roll call vote was taken on the foregoing resolution with the following result
AYES Allen, Dooley, McNamara, McCann and Ventura
NAYS: Pinto and Kleinert.
The President declared the resolution adopted.
By Councilman Allen, seconded by Councilman McCann, it was
#543-65 RESOLVED that, having considered a communication dated May 12,
1965, from the Budget Director, regarding the City's insurance program,
submitted pursuant to resolution #516-64, recommending an insurance
analysis program, the Council does hereby authorize the City to retain
the professional services of the Insurance Audit and Inspection Company,
Hume Mansur Building, Indianapolis, Indiana, to undertake a study and
review, to make recommendations for corrections or improvements of the
City's insurance program, to prepare specifications in accordance with the
City's request and to consult with City officials during the life of the
contract regarding insurance needs, for a quoted fee of $1,000 00 for the
first year, with the option to continue the program at $750.00 for the
second year, subject to the approval as to form by the Department of Law,
the Mayor and City Clerk are hereby authorized to execute a contract for
and in behalf of the City, and for this purpose the sum of $1,000.00 is
hereby appropriated from the Unallocated Funds to Account No. 334 of the
Budget.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Allen, Dooley, McNamara, McCann and Kleinert.
NAYS• Pinto and Ventura
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Dooley and unanimously
adopted, it was
#544-65 RESOLVED that, having considered a petition received by the
City Clerk on December 30, 1964, Item No. 17a0LA, from Borman Food Stores,
Inc. , by Mr. S. B. Friedman, Secretary, and having also considered a letter
Page 7240
dated May 12, 1965, from Clarence R. Charest, attorney, 33636 Five Mile
Road, Livonia, Michigan, in connection therewith, the Council does hereby
rescind its resolution #187-65, and in accordance with the provisions of
Act 73 of the Public Acts of 1959, as amended, the Council does hereby
approve of dividing Outlot A of Kingsbury Heights Subdivision in the
Southwest 1/4 of Section 17, T 1 S. , R 9 E. , City of Livonia, Wayne
County, Michigan, so as to split Outlot A into two parcels which are
described as follows-
Parcel 1. Outlot A, except a parcel of land beginning at the
Southeast corner of Outlot A, thence West 150 feet, thence North 120
feet, thence East 150 feet, thence South 120 feet to point of beginning
of Kingsbury Heights Subdivision of part of the Southwest 1/4 of
Section 17, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan,
as recorded in Liber 84, pages 35, 36 and 37 of Plats, Wayne County
Records,
Parcel 2. A parcel of land beginning at the Southeast corner of
Outlot A thence West 150 feet, thence North 120 feet, thence East
150 feet, thence South 120 feet to the point of beginning, of Kings-
bury Heights Subdivision of part of the Southwest 1/4 of Section 17,
T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, as recorded
in Liber 84, pages 35, 36 and 37 of 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.
By Councilman McCann, seconded by Councilman Dooley and unanimously
adopted, it was
#545-65 RESOLVED that, the City Council of the City of Livonia, does
hereby request the City Planning Commission to iimnediately cause a study
to be made for the purpose of preparing a master commercial zoning map for
the City of Livonia, determining where changes should be made in the
classification and where conuuercial zoning should be instituted or eliminated.
By Councilman Allen, seconded by Councilman McCann and unanimously
adopted, it was
#546-65 RESOLVED that, having considered a communication dated May 18, 1965,
from the Planning Director, submitted pursuant to resolution #278-65, con-
cerning the proposed location of Bird's Baby Sitters Agency, the Council
does hereby refer the same to the Department of Law for its report and
recommendation concerning the requirements of the Zoning Ordinance.
By Councilman McNamara, seconded by Councilman McCann, it was
#547-65 RESOLVED that, the roll call vote on the ordinance amending
Ordinance No. 60, containing Petition Z-680, be tabled pending a meeting
with the petitioner.
A roll call vote was taken on the foregoing resolution with the following result:
Page 7241
AYES: Pinto, Dooley, McNamara and McCann
NAYS: Allen, Ventura and Kleinert.
The President declared the resolution adopted.
By Councilman Dooley, seconded by Councilman McNamara and unanimously
adopted, it was
#548-65 RESOLVED that, consideration of the recommendation dated May 9,
1965, from the City Planning Commission in regard to Petition Z-692, be
tabled pending a meeting with the petitioner.
An Ordinance Amending Section 34 of the Zoning Map of the City of Livonia
and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of
the City of Livonia, by Adding Thereto Section (Petition Z-657), introduced by
Councilman Allen on May 26, 1965, was taken from the table and a roll call vote con-
ducted thereon with the following result:
AYES: Pinto, Allen, Dooley, McNamara, McCann, Ventura and Kleinert.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
By Councilman Ventura, seconded by Councilman Pinto, it was
RESOLVED that, having considered the report and recommendation
dated April 12, 1965, from the City Planning Commission in regard to Petition
Z-684, initiated by the City Planning Conuiiission on its own motion for change
of zoning on property located north of the Hawkins Drain, if extended westerly,
between Merriman and Hubbard Roads, in the North 1/2 of the Northeast 1/4 of
Section 27, from RUFB and C-1 to M-2, and the Council having heretofore con-
sidered a portion thereof by resolution #448-65 (Ordinance No. 533) , the
Council does hereby concur with the recommendation of the City Planning
Commission only with regard to rezoning from RUFB to M-2 of the following
parcels which are identifiable as follows
Alb through Al2a and Al2b, inclusive
and the said Petition Z-684 is hereby approved and granted to that extent,
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. 60 in accordance with this resolution.
By Councilman Dooley, seconded by Councilman McNamara, it was
RESOLVED that, the foregoing resolution be amended to conform
with the recommendation of the City Planning Commission as set forth in
the letter of April 12, 1965
Page 7242
A roll call vote was taken on the amendment with the following result.
AYES: Allen, Dooley, McNamara and Kleinert.
NAYS: Pinto, McCann and Ventura.
The President declared the amendment adopted.
A roll call vote was taken on the resolution, as amended, as follows
#549-65 RESOLVED that, having considered the report and recommendation
dated April 12, 1965, from the City Planning Commission in regard to
Petition Z-684, initiated by the City Planning Commission on its own motion
for change of zoning on property located north of the Hawkins Drain, if
extended westerly, between Merriman and Hubbard Roads, in the North 1/2 of
the Northeast 1/4 of Section 27, from RUFB and C-1 to M-2, and the Council
having heretofore considered a portion thereof by resolution #448-65 (Or-
dinance No. 533), the Council does hereby concur with the recommendation of
the City Planning Commission with regard to the balance of the property
contained in Petition Z-684 and not considered by resolution #448-65,
rezoning from RUFB to M-2, excluding the C-1 area, and the said petition
is hereby approved to that extent, 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. 60 in accordance with this
resolution
with the following result.
AYES: Pinto, Allen, Dooley, McNamara, McCann, Ventura and Kleinert
NAYS: None.
The President declared the resolution, as amended, adopted.
By Councilman Pinto, seconded by Councilman Ventura and unanimously
adopted, it was
#550-65 RESOLVED that, having considered the report and recommendation
dated May 9, 1965, from the City Planning Commission in regard to Petition
No. Z-688, submitted by Owen J. Cummings for Garwal Investment Company and
Parkside Livonia Credit Union for change of zoning on the northwest corner
of Parkdale and Raleigh in the Northwest 1/4 of Section 2, from RUFB to C-1,
the Council does hereby concur with the recommendation of the City Planning
Commission and the said Petition No Z-688 is hereby denied for the follow-
ing reason:
if granted, the petition would extend commercial zoning into an
existing residential area permitting commercial uses which would
interfere with the peaceful use and enjoyment of the existing
nearby residents.
By Councilman McCann, seconded by Councilman Pinto and unanimously
adopted, it was
Page 7243
#551-65 RESOLVED that, having considered a request dated May 11, 1965,
from Mrs. Paul DesJardins, 35340 Minton Street, Livonia, regarding an
exception from certain requirements prescribed in Ordinance No 305, as
amended, with regard to the construction of a private swimming pool on
her property, the Council does hereby grant the requested exception and
authorizes the issuance of a building permit to construct said swimming
pool on the aforesaid premises, seven feet from the existing property line
in lieu of ten feet as required, in the manner as shown on the map attached
to the communication from Mrs. DesJardins.
By Councilman McNamara, seconded by Councilman Allen and unanimously
adopted, it was
#552-65 RESOLVED that, having considered a communication dated May 17,
1965, from Mary Spitza, Senior Citizens Club of Livonia, the Council does
hereby request the Livonia Housing Commission to report to the Council
the status of steps being taken for senior citizens' housing and, what action
if any, is required by the Council or administrative offices of the City.
By Councilman Dooley, seconded by Councilman McCann, it was
#553-65 RESOLVED that, having considered a couuuunication dated May 14,
1965, from the Water and Sewer Board, approved for submission by the
Mayor, transmitting Water & Sewer Board resolution WS 725 5/65, regarding
installation of a water line to service the median strip in Park Subdivision
(commonly known as Brookwood Estates) , the Council does hereby concur in
the recommendation of the Water & Sewer Board and does hereby approve of
the installation of a water line to service the median strip in Park Sub-
division and does authorize and fix an annual rate of $12.00 for water
consumption to be billed at $3.00 per quarter, it appearing that Brook-
wood Estates Association agrees to assume the full responsibility of care,
repair and maintenance of the water extension, and also agrees to the
assignment of the key to a competent person for the turning on and off
of the water, and the sum of $100.00 is hereby authorized to cover the
cost of labor and materials in connection with such installation, to be
expended from the Improvement Fund, and the Water Department of the
Department of Public Works is hereby authorized 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: Pinto, Allen, Dooley, McNamara, McCann, Ventura and Kleinert.
NAYS: None.
By Councilman Ventura, seconded by Councilman Dooley, it was
#554-65 RESOLVED that, having considered the communication and recom-
mendation dated May 14, 1965, from the Civil Service Commission, the Council
does hereby concur with the recommendations therein that the salary range
for the classifications of:
Building Inspector, Electrical Inspector, Plumbing Inspector,
and Heating Inspector, be adjusted from Salary Grade 125 with
a 5-step range from $6,697.60 to $7,820.80, to Salary Grade
130 with a 5-step range from $7,009.60 to $8,236 80, and
Page 7244
that the salaries for:
Senior Building Inspector, Senior Electrical Inspector, Senior
Plumbing Inspector, and Senior Heating Inspector be adjusted
from Salary Grade 127 with a flat rate of $7,987 20, to Salary
Grade 132 with a flat rate of $8,403 20,
all such salary adjustments to be effective the first full pay period
following the effective date of this resolution, and for this purpose the
sum of $2,912 00 is hereby transferred from the Unallocated Surplus to the
following accounts in the following amounts:
Account No. 220-1 $1,456.00
Account No. 221-1 416.00
Account No. 222-1 624 00
Account No. 223-1 416.00.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Pinto, Allen, Dooley, McNamara, McCann, Ventura and Kleinert.
NAYS: None.
By Councilman McNamara, seconded by Councilman McCann, it was
#555-65 RESOLVED that, having considered the communication and recom-
mendation dated May 14, 1965, from the Civil Service Commission, the Council
does hereby concur with the recommendation therein that an adjustment in
the salary for Police Dispatcher be made from Salary Grade 57 with a
minimum of $3,369.60 and a maximum of $4,035.20 in a 5-step range, to
Salary Grade 89 with a minimum of $5,033.60 and a maximum of $5,439.60 in
a step range, and that such salary adjustment shall be effective for the
first full pay period following the effective date of this resolution,
and for this purpose the sum of $2,808.00 is hereby transferred from the
Unallocated Surplus Account to Account No. 184-1 of the Police Department
A roll call vote was taken on the foregoing with the following result:
AYES: Pinto, Allen, Dooley, McNamara, McCann, Ventura and Kleinert
NAYS: None.
The President relinquished the chair to the Vice President at 9.20 P. M. .
By Councilman Kleinert, seconded by Councilman Dooley, it was
#556-65 RESOLVED that, having considered various communications and
recommendations regarding the establishment of the Water and Sewer
Commissioner's salary, the Council does hereby establish an annual salary
for the position of Water and Sewer Commissioner at the rate of $9,600.00,
payable monthly and effective as of June 1, 1965, provided that for this
purpose the sum of $4,650 00 is authorized to be expended from the Water
Department Budget, and for this purpose the Council does hereby amend the
Refuse Fund Budget in the amount of $4,512.50 for such salary, and all
prior resolutions are hereby rescinded only to the extent that they are
inconsistent herewith
A roll call vote was taken on the foregoing resolution with the following result:
Page 7245
AYES: Pinto, Allen, Dooley, McNamara, Kleinert, Ventura and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Kleinert and unanimously
adopted, it was
#557-65 RESOLVED that, the Civil Service ColluuiSsion be requested to study
the position of Water and Sewer Commissioner with respect to establishing
such position with the classified service of the City of Livonia.
The President resumed the chair at 9:25 P. M.
By Councilman McNamara, seconded by Councilman Allen and unanimously
adopted, it was
#558-65 RESOLVED that, having considered a communication dated May 12,
1965, from Shelden Land Company - Shelden Homes, Inc. , 32121 Plymouth Road,
Livonia, petitioning the Council to accept dedications of a portion of Rose-
land Avenue and Woodring Avenue in Rosedale Gardens Subdivision No. 9 in the
City of Livonia, the Council does hereby refer the same to the Chief City
Engineer for his report and recommendation.
By Councilman Allen, seconded by Councilman McCann and unanimously
adopted, it was
#559-65 RESOLVED that, having considered a petition from David L Allen, Sr. ,
received by the City Clerk on March 5, 1965, and the letter dated May 19,
1965, from the City Assessor in connection therewith, with regard to splitting
Lot 467 of Supervisor's Livonia Plat #8 Subdivision, of part of the Southeast
1/4 of Section 2 in the City of Livonia, the Council does hereby deny the
request for the lot split.
By Councilman Ventura, seconded by Councilman McCann and unanimously
adopted, it was
#560-65 RESOLVED that, having considered the petition from Suburban Homes,
12800 W. Ten Mile Road, Huntington Woods, Michigan, received by the City
Clerk on May 14, 1965, and in accordance with the provisions of Act 73 of
the Public Acts of 1959, as amended, the Council does hereby approve of
dividing Lot 72 and Lot 73 of Biltmore Estates Subdivision of part of the
Southeast 1/4 of Section 20, T 1 S. , R. 9 E. , City of Livonia, Wayne County,
Michigan, so as to add the east 30 feet of each of said lots to Tax Parcel
Item M4a, located in the East 1/2 of Section 20, T. 1 S. , R 9 E. , City of
Livonia, Wayne County, Michigan, the descriptions of the aforesaid lots and
parcels to read as follows:
Lot 72 except the easterly 30 feet thereof, of Biltmore Estates
Subdivision, of part of the Southeast 1/4 of Section 20, T. 1 S.,
R. 9 E. , City of Livonia, Wayne County, Michigan, and
Lot 73 except the easterly 30 feet thereof, of Biltmore Estates
Subdivision, of part of the Southeast 1/4 of Section 20, T. 1 S ,
R. 9 E. , City of Livonia, Wayne County, Michigan, and
Page 7246
Tax Parcel Item M4a of part of the S. E. 1/4 of Section 20,
T. 1 S. , R. 9 E , City of Livonia, Wayne County, Michigan,
together with the easterly 30 feet of Lot 72 and the easterly
30 feet of Lot 73 of Biltmore Estates Subdivision, of part of
the Southeast 1/4 of Section 20, T 1 S. , R 9 E , City of
Livonia, Wayne County, Michigan,
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.
The letter dated May 14, 1965, from the Livonia Public Schools, regarding
proposed Rosedale Gardens Subdivision No. 19, was received and filed.
By Councilman Dooley, seconded by Councilman McCann and unanimously
adopted, it was
#561-65 RESOLVED that, having considered a communication dated May 22, 1965,
from Edward C. Wheeler, 32630 W. Seven Mile Road, Livonia, concerning a
violation notice issued by the Building Inspection Department, regarding
a vegetable stand at the above address, the Council does hereby request the
Chief Inspector to report concerning the status and facts in the matter,
for the Council's information
By Councilman Dooley, seconded by Councilman Allen and unanimously
adopted, it was
#562-65 RESOLVED that, having considered a petition to construct and main-
tain a cul-de-sac on Grove Drive, west of Merriman Road, received by the City
Clerk on May 25, 1965, from Wilson W. Edgar and 18 others, the Council does
hereby refer the same to the Chief City Engineer to report on the status of
the property as a public street and to make recommendations as to what may
be necessary to bring the road up to City standards in accordance with the
request
The following preamble and resolution were offered by Councilman Ventura
and supported by Councilman Allen:
#563-65 WHEREAS, the City Council of the City of Livonia determines it
to be for the best interest of the City to erect a free public library in
the City and provide a site therefor to be located on Plymouth Road, between
Woodring and Loveland, and estimates the cost thereof to be Four Hundred
Seventy-One Thousand Six Hundred ($471,600.00) Dollars,
AND WHEREAS, the City Council determines it to be for the best
interest of the City to borrow the sum of Two Hundred Fifty-Six Thousand
($256,000.00) Dollars and issue its General Obligation Bonds to pay part
of the cost of erecting said free public library and providing a site
therefor,
AND WHEREAS, application has been made by the Library Commission
to the City Council requesting that the City borrow the sum of $256,000.00
Page 7247
and issue its bonds therefor, for the purpose of paying part of the cost
of erecting a free public library in the City and providing a site therefor,
NOW, THEREFORE, BE IT RESOLVED THAT
1. The City Council of the City of Livonia hereby approves
and authorizes the issuance of $256,000 00 Public Library Bonds of the
City, for the purpose of defraying part of the cost of erecting said free
public library and providing a site therefor.
2. The Public Library Bonds of the City of Livonia, pledg-
ing the full faith and credit of the City, be issued in the aggregate
principal sum of $256,000.00, for the purpose of defraying part of the
cost of erecting a free public library in the City of Livonia and providing
a site therefor, said issue to consist of fifty-one (51) bonds of the
denomination of $5,000.00 each and one (1) bond, being bond number 6, of
the denomination of $1,000.00, numbered in direct order of maturity from
1 to 52, both inclusive, dated June 1, 1965, and maturing serially,
without option of prior redemption, as follows
$ 5,000.00 April 1, 1966,
$ 6,000.00 April 1, 1967,
$10,000 00 April 1st of each year from 1968 to 1987,
both inclusive,
$15,000 00 April 1st of each year from 1988 to 1990,
both inclusive
Said bonds shall bear interest at a rate or rates not exceeding
five per cent (5%) per annum, payable on April 1, 1966, and semi-annually
thereafter on October 1st and April 1st of each year, both principal and
interest to be payable at a bank or trust company to be designated by the
purchaser of the bonds
Said bonds shall be signed by the Mayor and countersigned by the
City Clerk and City Treasurer and shall have the corporate seal of the City
affixed thereto and shall have interest coupons attached bearing the
facsimile signatures of the Mayor and City Treasurer.
3. The period of usefulness of said free public library
building is estimated to be not less than thirty (30) years.
4 Said bonds and the attached coupons shall be in sub-
stantially the following form.
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
PUBLIC LIBRARY BOND
(1965 Series)
No $
KNOW ALL MEN BY THESE PRESENTS that the CITY OF LIVONIA, County of Wayne,
State of Michigan, acknowledges itself to owe, and for value received hereby promises
Page 7248
to pay to the bearer the sum of
THOUSAND DOLLARS
lawful money of the United States of America, on the first day of April, A. D. 19
with interest thereon from the date hereof until paid at the rate of
per cent ( 70) per annum, payable on April 1, 1966, and semi-annually thereafter
on the first day of October and April in each year, upon presentation and surrender
of the annexed interest coupons as they severally become due. Both principal of
and interest on this bond are hereby made payable 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 one of a series of fifty-two (52) bonds of even date and like
tenor, except as to rate of interest, denomination and date of maturity, aggregating
the sum of $256,000.00, issued for the purpose of defraying part of the cost of
erecting a free public library in the City of Livonia and providing a site therefor,
in accordance with the provisions of Act 305, Public Acts of Michigan, 1919, as
amended and Act 202, Public Acts of Michigan, 1943, as amended.
This bond is payable out of the debt retirement fund of said City of
Livonia, and it is hereby certified and recited that all acts, conditions and things
required by law precedent to and in the issuance of this bond exist and have been done
and performed in regular and due time and form as required by law, and that the total
indebtedness of said City of Livonia, including this bond, does not exceed any con=
stitutional 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 by its Mayor and to be counter-
signed 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 by the facsimile
signatures of its Mayor and City Treasurer, all as of the first day of June,A.D. , 1965.
CITY OF LIVONIA
By
Mayor
(Seal)
Countersigned:
City Clerk
City Treasurer
(Form of Coupon)
No. $
On the first day of , A. D., 19 , the CITY OF
LIVONIA, County of Wayne, State of Michigan, will pay to the bearer hereof the sum of
Dollars, at
being the interest due that date on its Public Library Bond (1965 Series) dated
June 1, 1965.
Mayor
City Treasurer
Page 7249
5. The City Clerk shall make application tb the Municipal
Finance Commission for an order granting permission for the issuance of said
bonds and the approval of the form of notice of sale, and upon receipt of
such approval shall cause to be published in the Michigan Investor, Detroit,
Michigan, and in The Livonian of Livonia, Michigan, notice of sale of said
bonds, which notic e of sale shall be so published at least seven (7) full
days before the date fixed for sale of the bonds.
6. The notice of sale of said bonds shall be in substantially
the following form-
OFFICIAL NOTICE OF SALE
$256,000 00
CITY OF LIVONIA
COUNTY OF WAYNE, MICHIGAN
PUBLIC LIBRARY BONDS (1965 Series)
Sealed bids for the purchase of the above bonds will be received by the
undersigned at his office in the City Hall in said City on the day of
, 1965, until 8:00 o'clock P.M. , Eastern Standard Time, at which
time and place said bids will be publicly opened and read
The bonds will be dated June 1, 1965, will be numbered consecutively in
direct order of maturity from 1 to 52, both inclusive, and will mature serially,
without option of prior redemption, as follows
$5,000.00 April 1, 1966,
$6,000 00 April 1, 1967,
$10,000.00 April 1st of each year from 1968 to 1987, inclusive,
$15,000.00 April 1st of each year from 1988 to 1990, inclusive
Said bonds shall be coupon bonds of the denomination of $5,000.00 each except
bond number 6, which will be a $1,000 00 bond, shall bear interest from their date at
a rate or rates not exceeding five per cent (5%) per annum, expressed in multiples of
1/8 of l7, and said interest shall be payable on April 1, 1966, and semi-annually
thereafter on October 1st and April 1st of each year. 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. Accrued interest to date of delivery of the bonds must
be paid by the purchaser at time of delivery The interest rate on any one bond shall
be at one rate only and all bonds maturing in any one year must carry the same interest
rate and each coupon period shall be represented by one interest coupon.
For the purpose of awarding the bonds, the interest cost of each 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 sale or the date of the bonds, whichever is later) to their
matuity 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 less than all of the bonds, nor for less than 100% of their
par value will be considered.
The City will be authorized and required by law to levy upon all the taxable
property therein such ad valorem taxes as may be necessary to pay the bonds and
interest thereon, without limitation as to rate or amount.
Page 7250
A certified or cashier's check in the amount of $5, 120.00, drawn upon an
incorporated bank or trust company and 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 shall be allowed on the
good faith checks and c hecks of the 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.
The cost of such opinion shall be paid by the City of Livonia. The purchaser shall
pay the cost of printing the bonds. Bonds will be delivered at Detroit, Michigan.
The right is reserved to reject any and all bids.
Envelopes containing the bids should be plainly marked "Proposal for Bonds".
Clerk, City of Livonia
APPROVED:
STATE OF MICHIGAN
MUNICIPAL FINANCE COMMISSION
7. 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: Pinto, Allen, Dooley, McNamara, McCann, Ventura and Kleinert.
NAYS: None.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman McCann, it was
#564-65 RESOLVED that, having considered a communication dated May 25, 1965,
from the Chief City Engineer, approved by the Director of Public Works,
regarding the acquisition of certain easements in conjunction with the
construction of the Bell Creek Arm, Area 5b, of the Master Sanitary Sewer
Project, and in accordance with the reconmiendations made in the aforesaid
communication, the Council does hereby authorize the Engineering Division,
in conjunction with the Department of Law, to acquire easements as specified
in said communication and more particularly from the following persons on
the following tax parcels and for the following amounts, all in accordance
with the maps attached to the aforesaid communication, as follows;
Peter Cowall Parcel 13a326 $ 200.00
Joseph Fellhauer Parcel 13a323a 200.00
Albert Duchene Parcel 13a324 150 00
James Kanthe Parcels 13a327 & 13a328 401.75
Caroline Anderson Parcel 13a325 228.33
William Masterson Parcel 13a329, 330a,330b1,b3 1,271.00
$ 2,451.08
Page 7251
and for this purpose, the Council does hereby authorize the expenditure of
the aforesaid amounts from the Sewer Division Eastment Account, such sums
to be reinbursed from the proceeds of the sale of Series III Sanitary Sewer
Bonds.
A roll call vote was taken on the foregoing resolution with the following result-
AYES: Pinto, Allen, Dooley, McNamara, McCann, Ventura and Kleinert.
NAYS: None.
Councilman Pinto was excused at 9.42 P. M. .
By Councilman Allen, seconded by Councilman McCann, it was
#565-65 RESOLVED that, the Chief City Engineer having filed with the City
Clerk a statement dated March 8, 1965, on all matters required by Section
3.03 of Ordinance No. 401, as amended, and a first public hearing having
been held thereon on April 12, 1965, 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 paving Amrhein
Road from Levan Road to approximately 1710 feet east of Eckles 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 March 8, 1965,
4) determine that the estimated cost of such improvement is
$312,228.98,
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 $0.00
and that the balance of said cost and expense of said public improvement
amounting to $312,228.98 shall be borne and paid by special assess-
ments on all lands and premises in the special assessment district as
herein established in proportion to the benefits to be derived there-
from,
7) determine that assessments made for such improvement may be paid
in ten (10) annual installments together with interest thereon in the
amount of four per cent (47) per annum on unpaid balance,
8) designate the assessment districe, describing the land and premises
upon which special assessments shall be levied as follows-
Page 7252
A special assessment district located in Section 30 and the
West 1/2 of Section 29, T. 1 S. , D. 9 E , City of Livonia,
Wayne County, Michigan, more particularly described as follows:
Beginning at the West 1/4 corner of Section 30 and proceeding
thence No. 0o26/ 27" E. along the centerline of Eckles Road,
2164,82 ft. to the Southerly line of the Chesapeake and Ohio
Railroad R.O.W. and proceeding thence S. 75» 29' 32" E. , 3265.32
ft. , thence S. 75° 27' 28" E. I325.08 ft. , thence S. Oo 16' 03"
W. 487.28 ft. , thence S. 89° 29' 37" E. , 782.40 ft. , thence N. 0»
16' 30" E. 300.00 ft. , thence S. 75° 55/ 58" E. , 2,730.31 ft. ,
thence S. 0° 18' 00" W. 685.23 ft. , thence N. 89° 25' 30x W.
1327,I4 ft , thence S. O» 04' 3O// W. I943,04 ft. , thence N. 89°
47' W. 93.69 ft. , thence along a curve concave to the northeast,
radius of 955.36 ft. , central angle of 15" 46' 05" a distance of
262.92 ft. , thence N 74° 01' W. 217.70 ft , thence N. 15o 59' E.
127.8 ft. , thence along a curve concave to the Northeast radius
of 50 ft. central angle of 55° 33' 14, a distance of 48.40 ft.
thence S. 710 27' W. 166.24 ft, thence S. 0» 00' 30" E. 58.78 ft. ,
thence N. 74° 01' W 420 42 ft. , thence N. 0n 00' 30" W. 783.25
ft. , thence No. 16° 41' 30x D. 197.72 ft. , thence N. 38° 30' W. ,
I79.66 ft. , thence N. 8» 00' 30o W. 260.00 ft. , thence N. 20°
46' 20" E. 239.58 ft. , thence N. 10° 53' 40x W. 158.86 ft. , thence
N. Oo 00' 30" W. 39.00 ft. , thence S. 89° 59/ 30" W 210,00 ft. ,
0° 30" 89°
thence N. 17' W. 270.00 ��. , thence N 45`
, 2,058.71ft. ,
o
thence S. O« 31' 40/' W. 1,439.95 ft. , thence N. 74 U6' W. ,
598.36 ft. , thence N. 8o 15' 20" E. 1,072.41ft. , thence N. 89°
31' 40" W. 802.31 ft. , thence N. O 15' 20" E. 583.00 ft, thence
N. 89° 31' 40" W. 1,770.54 ft. , to the point of beginning,
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 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
same to the City Council prior to the holding of the second public
hearing thereon required by Section 3.08 of the said ordinance.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Allen, Dooley, McNamara, McCann, Ventura and Kleinert.
�
NAYS: None.
By Councilman Ventura, seconded by Councilman Allen, it was
Page 7253
#566-65 RESOLVED that, the Chief City Engineer having filed with the City
Clerk a statement dated March 8, 1965, on all matters required by Section
3.03 of Ordinance No. 401, as amended, and a first public hearing having
been held thereon on April 12, 1965, 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 paving Amrhein Road
from Eckles Road to approximately 1710 feet east, 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 March 8, 1965,
4) determine that the estimated cost of such improvement is $8,210.59,
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 $0.00 for - - - - and that the
balance of said cost and expense of said public improvement amounting
to $8,210.59 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 ten (10) annualinstallments together with interest thereon in the
amount of four per cent (4%) per annum on unpaid balance,
8) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as follows:
A special assessment district located in the S. W. 1/4,
Section 30, T. 1 S. , R. 9 E. , City of Livonia, Wayne County,
Michigan, being more particularly described as follows:
Beginning at the W. 1/4 corner of Section 30 and proceeding
thence S. 89° 31' 40" E. 1770.54 ft. , thence S. 0 15' 20" W.
583.00 ft. , thence N. 89° 31' 40" W. 939.42 ft. , thence S .
20 06' 45" W. 517.03 ft. , thence along the center line of
Plymouth Road, N 76° 31' 13" W. 217.53 ft , thence N.
20 08' 25" W. 500.02 ft , thence S. 88° 16' 25" W. 363 99 ft. ,
thence N. 1° +9' 50" W. 316 75 ft. , thence S. 88° 10' 10" W.
260 ft , thelice N. 1° 49' 50" W. 226.73 ft. , to the point of
beginning,
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
Page 7254
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
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: Allen, Dooley, McNamara, McCann, Ventura and Kleinert.
NAYS- None.
Councilman Pinto returned at 9.44 P. M.
By Councilman McCann, seconded by Councilman Ventura and unanimously
adopted, it was
#567-65 RESOLVED that, the Council having informally requested the Chief
City Engineer to ascertain the assessed valuation of all property affected
by the proposed paving of Newburgh Road, from Schoolcraft Road to Plymouth
Road, in the City of Livonia, Wayne County, Michigan, 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 information,
estimate, plans and specifications and recommendations have been properly
filed by the Chief City Engineer with the City Clerk under date of May 26,
1965, 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, July 12, 1965, at 8:00 P. M., as the date
and time for a public hearing on the necessity for such proposed improve-
ment, 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 McNamara, seconded by Councilman McCann and unanimously
adopted, it was
Page 7255
#568-65 RESOLVED that, the Council hereby requests the Water and Sewer
Commissioner to communicate with the Detroit Water Commission regarding
the possibility of the acquisition by the City of Livonia of the Water
Board building located on Five Mile Road at Shadyside Avenue in the City
�
of Livooia.
On motion of Councilman McCann, seconded by Councilman Dooley and
unanimously adopted, this 497th regular meeting of the Council of the City of
Livonia was duly adjourned at 9:45 P. M. , June 2, 1965.
7
Addison W. Baco4, ity Cl-rk