HomeMy WebLinkAboutCOUNCIL MINUTES 1965-01-13 Page 6937
MINUTES OF THE FOUR HUNDRED SEVENTY-SEVENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On January 13, 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 8:55 P. M.. Councilman Ventura delivered the invocation. Roll was
called with the following result: Present--Rudolf R. Kleinert, Peter A. Ventura,
John T. Daugherty, Daniel C. Allen, John F. Dooley and James R. McCann.
Absent--Edward H. McNamara.
Elected and appointed officials present: Addison W. Bacon, City Clerk;
Harry M. Smit, City Attorney; Harry C. Tatigian, first Assistant City Attorney;
Milton Firestone, Assistant City Attorney; Harvey W. Moelke; Mayor; Robert A. Shaw,
Director of Public Works; David L. Jones, Water and Sewer Commissioner; Donald Hull,
City Planner; Daniel R. Andrew, Industrial Coordinator; Thomas Heap, Zoning Board of
Appeals, William J. Strasser, Chief City Engineer; John E. Hiltz, Consulting Engineer;
Joel LaBo, Director of Public Safety; Avram Rosenthal, Librarian; Duane Rousch and
Thomas Daoust of the Library Commission; and Thomas J. Griffiths, Jr., Chief Accountant.
By Councilman Dooley, seconded by Councilman McCann and unanimously
adopted, it was
#12-65 RESOLVED that, the minutes of the 476th regular meeting of the
Council of the City of Livonia held January 6, 1965, are hereby approved.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#13-65 RESOLVED that, having considered Opinion No. 64-44, dated Decem-
ber 29, 1964, from the Department of Law relative to request for refund of
monies paid upon withdrawal of petition for rezoning, requested by resolu-
tion #910-64, the Council does hereby acknowledge receipt of the opinion
and takes this means to advise Tomorrows Homes, Inc., 13101 West Seven
Mile Road, Detroit 35, Michigan, attention, Mr. Bernard Edelman, that by
reason of the proceedings on the petition, refund of the petition fee
cannot be made; and the City Clerk is requested to transmit a copy of this
resolution to Mr. Edelman.
By Councilman Dooley, seconded by Councilman Ventura, it was
Page 6938
#14-65 RESOLVED that, having considered the report and recommendation
dated December 14, 1964, from John E. Hiltz & Associates, Inc. , Consulting
Engineers, approved by the Chief City Engineer, Sewer and Water Commissioner
and the Director of Public Works, and the communication dated December 28,
1964, from the Water and Sewer Board, approved for submission by the Mayor,
setting forth its resolution WS 689 12/64, regarding bids for the con-
struction of sanitary sewer facilities to serve the proposed 500,000 square
feet expansion of the Chevrolet Spring and Bumper Manufacturing Plant
located on Eckles Road at Amrhein Road in the City of Livonia (resolution
#640-64), the Council does hereby accept the bid of Greenfield Construction
Company, 13040 Merriman Road, Livonia, Michigan, for construction of 1064
(actual footage) feet of 24" sanitary sewer to serve the additional plant
facilities now under construction by General Motors Corporation at Eckles
and Amrhein Roads in the City of Livonia for the price of $58,623.20, such
having been in fact the lowest bid received for this item, and does further
authorize that the additional sum of $28,623.20 be expended from the Contract
Payment Fund of the Sewer Division, due to the nature of soil conditions
through this area, as explained in the letter from John E. Hiltz & Associates,
Inc., dated December 14, 1964.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Daugherty, Allen, Dooley, McCann and Kleinert.
NAYS: None.
The letter dated December in, 1964, from the Chief City Engineer, submitted
pursuant to resolution #955-64, regarding the complaint of Mrs. Sophie Lewis, 8968
Danzig, Livonia, as to the condition of drainage ditches, was received and filed
for the information of the Council.
By Councilman McCann, seconded by Councilman Allen, it was
#15-65 RESOLVED that, having considered a communication dated November 12,
1964, from the City Clerk, tabled to this meeting, requesting reconsidera-
tion of the Budget request for a Secretary II position in the City Clerk's
office in the 1964-65 Budget for maintaining necessary service to the public
as outlined in said communication, the Council does hereby approve the same
for inclusion in the Budget and allocates the sum of 0,338.40 (3/4 of
annual appropriation) to Account 129-1 of the office of the City Clerk's
Budget from the Unallocated Funds.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Allen, Dooley and McCann.
NAYS: Ventura and Kleinert.
The President declared the resolution adopted.
Page 6939
Ay Councilman McCann, seconded by Councilman Dooley, it was
#16-65 RESOLVED that, having considered the report and recommendation
dated December 8, 1964, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby release to Burt Homes, Inc.,
16021 West McNichols Road, Detroit 35, Michigan, the $3,600.00 bond
deposited with the City in accordance with resolution #719-59 adopted on
November 9, 1959, as subsequently amended by resolutions #730-61, adopted
on October 23, 1961, #796-61, adopted on November 13, 1961, #912-61,
adopted on December 18, 1961, and #27-62, adopted on January 8, 1962, in
connection with the improvements to be installed in Meri-Lynn Farms Sub-
division No. 5, located in the S. E. 1/4 of Section 22, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan, provided the said release of bond
shall not be made until there shall be filed "as built" plans, as well as
a certification relative to survey monuments, both as previously provided
for by Council resolution and City Ordinances, that the developer make the
necessary water main and pavemdment repairs as outlined in the Chief City
Engineer's communication dated December 8, 1964, or, in lieu of the repairs
at this time, the developer may deposit with the City Clerk sufficient
monies to defray the cost of having the Operations Division make these
repairs, the cost of which has been estimated at $70.00; 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, Daugherty, Allen, Dooley, McCann and Kleinert.
NAYS: None.
By Councilman Ventura, seconded by Councilman Allen, it was
#17-65 RESOLVED that, pursuant to the report and recommendation dated
January 11, 1965, from the Chief City Engineer, approved by the Director
of Public Works, the Council does hereby amend Item No. 3 of resolution
#536-63, adopted on July 10, 1963, and subsequently amended by resolution
#920-64, adopted November 25, 1964, so as to further reduce the general
improvement bond of VIV Manor Subdivision to $0.00; the sidewalk improve-
ment bond of $4,200.00, of which at least $2,100.00 is in cash, to remain
unchanged at this time; 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, Daugherty, Allen, Dooley, McCann and Kleinert.
NAYS: None.
The following resolution was offered by Councilman Daugherty and supported
by Councilman McCann:
#18-65 WHEREAS, the City of Livonia did, over a period of years, con-
struct a system of water transmission mains and service lines with the
Page 6940
proceeds from Series A, B, C, and D Revenue Bond Issues, said bond issues
being 1952, 1954, 1958 and 1960 Series, respectively, and
WHEREAS, said projects as originally planned have been completed
in accordance with certification by the City Engineer in a communication
dated August 12, 1964; and
WHEREAS, there still remains an unexpended and an unencumbered
balance in said Series, A, B, C, and D Revenue Bond Issues in the amount
of $124,146.05, after all bills have been paid,and
WHEREAS, under Council resolution #82-64, the City Council is
requesting the Municipal Finance Commission for authority to expend an
amount not to exceed $110,000.00, in connection with the construction of a
water supply system designed to furhish water main facilities for the
Industrial Road Project for which bids have been awarded, in the North
1/2 of Section 26, City of Livonia, said $110,000.00 being the Engineer's
estimate of the cost of the proposed additions to the Livonia Water System,
NOW, THEREFORE, BE IT RESOLVED that, permission is hereby re-
quested to use said $110,000.00 of unexpended, unencumbered portion of the
balance in said Series A, B, C, and D, Revenue Bond Issue, for the purpose
of constructing water supply system required in connection with the In-
dustrial Road development in the North 1/2 of Section 26, the same to be
considered as a part of the original A, B, C, and D, Revenue Bond Projects,
in accordance with the attached construction plans prepared by the firm
of John E. Hiltz & Associates, Inc., for said project; and further that
such funds remaining in Series, A, B, C, and D Revenue Bond Issue, be
expended in such manner and for such projects as recommended by the Water
and Sewer Board and approved by the City Council of the City of Livonia,
Michigan.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Daugherty, Allen, Dooley, McCann and Kleinert.
NAYS: None.
By Councilman McCann, seconded by Councilman Allen and unanimously
adopted, it was
#19-65 RESOLVED that, having considered the communication dated
December 22, 1964, from the Industrial Coordinator concerning resolution
#197-64, adopted by the Council on March 4, 1964, regarding non-industrial
use in M-1 and M-2 Districts, the Council does hereby refer the same to
the Legislative Committee for its report and recommendation.
An Ordinance Amending Ordinance No. 396, Known as the "Water Rate Or-
dinance", by Repealing Section 12 Thereof, introduced by Councilman McNamara on
January 6, 1965, was taken from the table and a roll call vote conducted thereon
with the following result:
Page 6941
AYES: Ventura, Daugherty, Allen, Dooley, McCann and Kleinert.
NAYS: None
The President declared the foregoing Ordinance duly adopted and would become ef-
fective on Publication.
By Councilman McCann, seconded by Councilman Ventura and unanimously
adopted, it was
#20-65 RESOLVED that, having considered a communication dated Decem-
ber 22, 1964, from the Department of Law regarding the acceptance of
accompanying documents granting to the City of Livonia easement across
lots 1, 10, 11 and 12 of Marcy Ann Subdivision in Section 24, by quit claim
deed from Gordon-Begin Company, and granting an easement to the City of
Livonia by grant of easement dated October 30, 1964, from Space Realty
Company, conveying the West four (4) feet of Lot 1038, and the ease six (6 )
feet of 1039, Castle Gardens Subdivision No. b located in Section 19,
as secured by the Engineering Division for the purpose of obtaining ease-
ments for service storm drainage, the Council does hereby accept the same
and requests the City Clerk to record the aforesaid documents with the Wayne
county Register of Deeds and to do all other things necessary or incidental
to the full performance of this resolution.
By Councilman McCann, seconded by Councilman Allen and unanimously
adopted, it was
#21-65 RESOLVED that, having considered a letter dated December 10, 1964,
from the Chief City Engineer, and a letter dated December 22, 1964, from
the Department of Law in connection therewith, in regard to an easement
obtained in connection with the construction of covered water and sanitary
sewer lines to service property of the General Motors Corporation, located
on Levan Road south of Schoolcraft Road in Section 29 of the City of Livonia,
Wayne County, Michigan, the Council does hereby accept for and in behalf
of the City of Livonia an Easement grant from the General Motors Corpora-
tion, Detroit, Michigan, executed by W. E. Wilson, Vice President and
W. M. Collins, Assistant Secretary, conveying to the City of Livonia a
20-foot wide easement located in part of the Northwest 1/4 of Section 29,
T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan; and the Mayor
and City Clerk are hereby authorized to execute in behalf of the City of
Livonia such Easement document which grants said easement to the City of
Livonia; and the City Clerk is requested to have such document recorded
with the Wayne County Register of Deeds office and to do all other things
necessary or incidental to the full performance of this resolution.
By Councilman Allen, seconded by Councilman McCann and unanimously
adopted, it was
#22-65 RESOLVED that, having considered a communication dated Decem-
ber 10, 1964, from the Chief City Engineer, approved by the Director of
Public Works, transmitting miscellaneous easements for acceptance, the
Council does hereby accept the following easements on behalf of the City
of Livonia:
Page 6942
(1) Easement from Leonard J. Hart and Anna H. Hart, his wife, to the
City of Livonia covering the S. 10 feet of the E. 10 feet of Lots
5 and 6, Greenbriar Estates Subdivision, dated August 3, 1964, re:
Livonia Drain #12;
(2) Easement from Garwal Investment Company to the City of Livonia
covering the S. 3 feet of W. 4 feet of Lot 9, Shaffmaster' s Plymouth
Riverside Estates Subdivision, dated July 22, 1964, re: sanitary
sewer for Levan Road Restaurant;
(3) Easement from Garwal Investment Company to the City of Livonia
covering the W 9 feet of Lot 14, Shaffmaster's Plymouth Riverside
Estates Subdivision, dated July 22, 1964, re: Levan Road Restaurant
sanitary sewer; and
(4) Easement from Benjamin J. Mrkva and Leo R. Burton to the City of
Livonia covering the N. 6 feet of Lot 19, Five Elm Park Subdivision,
dated May 11, 1964 re: drain at Stables Bar, 14950 Middlebelt Road,
Livonia, Michigan;
and the City Clerk is requested to record the same with the Wayne County
Register of Deeds and to do all things necessary or incidental to the full
performance of this resolution.
By Councilman Daugherty, seconded by Councilman Dooley, it was
#23-65 RESOLVED that, having considered the communication dated Decem-
ber 16, 1964, from the Michigan Liquor Control Commission, regarding an
application for Class C license for John J. Jonascu, 61380 Haven Ridge
Road, Richmond, Michigan, to be located at 36049 Plymouth Road, Livonia,
Michigan, the Council does hereby refer the same to the Committee of the
Whole.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Allen, Dooley, McCann and Kleinert.
NAYS: Ventura.
The President declared the resolution adopted.
The letter dated December 16, 1964, from the Director of Public Safety re-
garding signal controls at fire stations, was received and filed for the information
of the Council.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#24-65 RESOLVED that, having considered the letter dated December 16,
1964, from Mrs. Ralph Williams, 14000 Richfield, Livonia, Michigan, which
the Council does hereby acknowledge and accept same, and having considered
a copy of a communication dated January 8, 1965, from the Engineering
Page 6943
Division addressed to Mrs. Williams, the Council hereby requests that
these letters be placed on file for the information of the Council and
the City Clerk is requested to transmit a copy of this resolution to
Mrs. Williams.
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
#25-65 RESOLVED that, having considered a letter dated December 16, 1964,
from William W. Brokenshire, 16764 Glastonbury, Detroit 19, Michigan, re-
garding the use of property on the east side of Merriman Road north of
Puritan Avenue in the City of Livonia, the Council does hereby refer the
same to the Chief City Engineer for his report and recommendation.
By Councilman Daugherty, seconded by Councilman Ventura, it was
#26-65 RESOLVED that, having considered the communication dated Decem-
ber 9, 1964, from the Budget Director requesting an additional appropriation
for the Personal Services account of the Building Code Board of Appeals
budget, such request being based on the number of meetings held during
the fiscal year ended November 30, 1964, and after considering the rate
per meeting established in Council resolution #450-56, adopted July 2,
1956, the Council does hereby transfer the sum of 400.00 from Account
No. 362-2 (Unallocated Funds) to Account No. 154-1 (Personal Services)
of the Building Code Board of Appeals budget.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Daugherty, Allen, Dooley, McCann and Kleinert.
NAYS: None.
By Councilman Allen, seconded by Councilman Ventura and unanimously
adopted, it was
#27-65 RESOLVED that, having considered a communication dated Decem-
ber 24, 1964, from Bernard Edelman, Tomorrows Homes, Inc. , 13101 West
Seven Mile Road, Detroit 35, Michigan, concerning the dedication of Hix
Road in the Northeast 1/4 of Section 7, previously considered by the
Council in resolution #402-63, tne Council takes this means to advise
Mr. Edelman of its prior action and to point out his responsibility for
compliance with the conditions contained in said resolution; and the
City Clerk is requested to send a copy of this resolution and resolution
#402-63, to Mr. Edelman.
By Councilman Dooley, seconded by Councilman Ventura and unanimously
adopted, it wa s
#28-65 RESOLVED that, having considered a communication dated Decem-
ber 22, 1964, from Bernard Dittmar for the Board of Education, St. Faults
Lutheran School, 15218 Farmington Road, Livonia, regarding the proposed
school crossing guard at the intersection of Five Mile and Farmington Roads
Page 6944
from 8:30 a. m. , to 9:00 a. m., and 3:30 p.m. , to 3:45 p.m. , the Council
does hereby refer the same to the Director of Public Safety for his report
and recommendation.
By Councilman Dooley, seconded by Councilman McCann and unanimously
adopted, it was
#29-65 RESOLVED that, having considered a communication dated December 8,
1964, from the Parks and Recreation Commission, approved by the Mayor,
regarding the disposal of materials within the convalescent home on City-
owned property at Newburgh and Eight Mile Roads, the Council does hereby
determine that the materials are obsolete and surplus and does hereby refer
the same to the Budget Director for disposal, pursuant to the Financial
Ordinance No. 216, as amended, Section 9(b).
By Councilman Ventura, seconded by Councilman McCann, it was
#30-65 RESOLVED that, Mr. Richard D. Bleznak, President, Arbor Develop-
ment Company, 18450 Livernois, Detroit 21, Michigan, as proprietors,
having requested the City Council to approve the proposed preliminary
plat of the following subdivision: Arbor Estates Subdivision, located in
the Southwest 1/4 of Section 31, City of Livonia, the said proposed pre-
liminary plat being dated June 2, 1964; and it further appearing that
tentative approval of such preliminary plat was given by the City Planning
Commission after due notice and a public hearing on June 16, 1959, and it
further appearing that such preliminary plat, together with Development
Plans and Specifications for improvements therein have been examined and
approved by the Department of Public Works as is set forth in the report
of that department dated DecHinber 14, 1964: therefore, the City Council
does hereby approve of the said preliminary plat on the following conditions:
(1) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the provisions
of the ordinances of the City of Livonia, including the Plat Ordinance,
Ordinance No. 500, as amended; the subdivision regulations of the Planning
Commission; the regulations and specifications of the Department of Public
Works and the development plans submitted by the proprietor and approved
by such Department; all such improvements to be constructed, installed,
accomplished and completed within a period of two (2) years from the ef-
fective date of this resolution; failing this, the approval contained
herein shall be considered null, void and of no effect whatsoever;
(2) That all inspection fees and other charges due to the City
of Livonia shall be fully paid in the time and manner provided in the said
Plat Ordinance, as amended;
(3) That the installation of such improvements shall be subject
at all tiOes to the supervision and inspection and final approval of the
Department of Public Works and such improvements shall not be considered
as having been satisfactorily and completely installed until there is filed
with the City Council the certificate as provided in Section 7.03 of said
Plat Ordinance, as amended;
(4) That the proprietor enter into an agreement with the City of
Livonia agreeing to construct, within the prescribed period of time and in
Page 6945
the prescribed manner, all improvements required to the extent required by
the City of Livonia and as shown on the approved development plans;
(5) That the following cash payments be made to the City of
Livonia:
For Trees $2,975.99
For Future Traffic Control Signs 141.00
For Future Cleaning of Bassett
Drain south of Joy Road 2,000.00
For Review of plans, inspection
and administration 7,336.70;
(6) That the final true record plat of the aforesaid subdivision
shall be submitted and must receive final approval of the City Planning
Commission as evidence that such plat is in compliance with existing sub-
division regulations;
(7) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City Council within
two (2) years from the effective date of this resolution; the City Council
shall approve final plats of the aforesaid proposed subdivision if drawn
in substantial conformity with the proposed plat as approved herein and
provided there has been compliance with all other requirements of the
Plat Act, Plat Ordinance, and this resolution;
(8) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements, the proprietor may
file with the City of Livonia, surety bond, certified check, cash bond or
other financial assurance in such form as may be approved by the Department
of Law, guaranteeing the satisfactory installation of all such improvements,
utilities and grading by the proprietor within the prescribed period; that
in the event the proprietor elects to deposit such financial assurances
the same shall be in the following amounts:
General Improvement Bind - $214,000.00, of which at least
$10,000.00 shall be in cash;
Sidewalk Bond - $17,000.00.00, of which at least $3,400.00
shall be in cash.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Allen, Dooley and Kleinert.
NAYS: Daugherty and McCann.
The President declared the resolution adopted.
By Councilman Allen, seconded by Councilman McCann and unanimously
adopted, it was
#31-65 RESOLVED that, having considered the communication dated Decem-
ber 10, 1964, from Space Realty Company, 14201 West Eight Mile Road,
Detroit 35, Michigan, requesting the release and return of cash bond
Page 6946
deposited with the City with reference to Castle Gardens Subdivisions 5
and 6, the Council does hereby refer 3ame to the Chief City Engineer
for his report and recommendation.
By Councilman McCann, seconded by Councilman Ventura and unanimously
adopted, it was
#32-65 RESOLVED that, having considered the communication dated
December 10, 1964, from Space Realty Company, 14201 West Eight Mile
Road, Detroit 35, Michigan, for reduction of bond regarding Tiffany
Park Subdivision, the Council does hereby refer the same to the Chief
City Engineer for his report and recommendation.
At 9:32 P. M., a recess was called, after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting.
By Councilman Ventura, seconded by Councilman Allen, it was
#33-65 RESOLVED that, having considered the report dated January 13,
1965, of the Department of Law relative to the acquisition of Lots 1807
to 1813 and Lots 1727 to 1733, all inclusive, of Rosedale Gardens Subdivision
No. 9, which site is located on Plymouth Road between Woodring and Roseland
Avenue, the Council does hereby authorize the Mayor and City Clerk to
execute the necessary purchase agreement to acquire this site for the sum
of 572,800.00; the cost of the acquisition of this property shall be
financed from the general funds of the City of Livonia and in the event
such property is used for library purposes, either all or in part, then
that amount herein paid for same, either all or a pro rata portion thereof,
will be considered an advance from the proceeds of bonds to be issued for
the purpose of defraying the cost of the proposed improvement, in accordance
with the provisions of Act 305 of the P.A. of 1919, as amended, (ESA,
Section 15.1681, et seq.);
IT IS FURTHER RESOLVED that, the owner or owners of the property
herein to be conveyed shall furnish to the City of Livonia either a com-
plete Abstract of Title and tax history, certified to a date later than
this resolution, or in lieu thereof, a policy of title insurance bearing
a date later than this resolution, guaranteeing title in the condition
required for performance of this resolution, the same being subject to
review and approval by the Department of Law;
IT IS FURTHER RESOLVED that, the owner or owners of the property
herein to be conveyed shall execute on a form approved by the Department of
Law, a Warranty Deed conveying said property to the City of Livonia and
described as follows:
Lots 1807 to 1613, both inclusive, including all of
vacated Woodring Avenue 60 feet wide, west of and
adjacent thereto, and Lots 1727 to 1733, both inclusive,
including the West 1/2 of vacated Roseland Avenue
adjacent thereto, Rosedale Gardens Subdivision No. 9,
PAGE 6947
as recorded in Liber 73, Page 41, Wayne County Records,
said subdivision being a part of the Northwest 1/4 of
Section 34, T. 1 S., R. 9 E., City of Livonia, Wayne
County, Michigan;
and upon receipt of same, the City Clerk is requested to record such
Warranty Deed with the Wayne County Register of Deeds; and the City Clerk,
City Treasurer and Department of Law are herein authorized to do all other
things necessary or incidental to the full performance of this resolution,
and the Council does hereby rescind its resolution #933-64, adopted on
November 25, 1964.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Daugherty, Allen, Dooley, McCann and Kleinert.
NAYS: None.
By Councilman Ventura, seconded by Councilman Allen, it was
#34-65 RESOLVED that, having considered the report dated January 13,
1965, of the Department of Law relative to the acquisition of Lots 1720 to
1726 and lots 1640 to 1646, all inclusive, of Rosedale Gardens Subdivision
No. 9, which site is located on Plymouth Road between Roseland and Loveland
Avenue, the Council does hereby authorize the Mayor and City Clerk to
execute the necessary purchase agreement to acquire this site for the sum
of $67,200.00; the cost of the acquisition of this property shall be
financed from the general funds of the City of Livonia and in the event
such property is used for library purposes, either all or in part, then
that amount herein paid for same, either all or a pro rata portion thereof,
will be considered an advance from the proceeds of bonds to be issued for
the purpose of defraying the cost of the proposed improvement, in accordance
with the provisions of Act 305 of the P. A. of 1919, as amended ( M S A
Section 15.1681, et seq. ),
IT IS FURTHER RESOLVED that, the owner or owners of the property
herein to be conveyed shall furnish to the City of Livonia either a complete
Abstract of Title and tax history, certified to a date later than this
resolution, or in lieu thereof, a policy of title insurance bearing a date
later than this resolution, guaranteeing title in the condition required
for performance of this resolution, the same being subject to review and
approval by the Department of Law;
IT IS FURTHER RESOLVED that, the owner or owners of the property
herein to be conveyed shall execute on a form approved by the Department of
Law a Warranty Deed convening said property to the City of Livonia and
described as follows:
Lots 1720 to 1726, both inclusive, including the East 1/2
of vacated Roseland Avenue, and Lots 1640 to 1646, both
inclusive, Rosedale Gardens Subdivision No. 9, as recorded
in Liber 73, Page 41, Wayne County records, said subdivision
being a part of the Northwest 1/4 of Section 34, T. 1 S.,
R. 9 E. , City of Livonia, Wayne County, Michigan;
Page 6948
and upon receipt of same, the City Clerk is requested to record such
Warranty Deed with the Wayne County Register of Deeds; and the City Clerk,
City Treasurer and Department of Law are authorized 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, Daugherty, Allen, Dooley, McCann and Kleinert.
NAYS: None.
By Councilman Ventura, seconded by Councilman Allen, it was
#35-65 RESOLVED that, having considered the report dated January 13,
1965, of the Department of Law relative to two statements, each in the
amount of $250.00, for services rendered by Mr. Leonard L. Youmans, 506 Ft.
Dearborn, Dearborn, Michigan, 48124, and Mr. Leo Buffa, 1023 Penobscot
Building, Detroit 26, Michigan, appraisers, in connection with work
performed by the aforesaid persons in connection with the acquisition of
a site to be used for the construction of a proposed library on Plymouth
Road, east of Farmington Road, in the City of Livonia, the Council does
hereby determine to advance the sum of $500.00 from the general funds of
the City of Livonia in order to pay each of the aforesaid persons 0250.00
each, the same being an advance from the proceeds of bonds to be issued
for the purpose of defraying the cost of the proposed improvement, in
accordance with Act 305 of P.A. of 1919, as amended (MSA Section 15.1681
et seq. ), 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, Allen, Dooley and Kleinert.
NAYS: Daugherty and McCann.
*Councilman McCann stated that he voted uNo" because this is not a lawful delegation
of power.
The President declared the resolution adopted.
The uniform housing Ordinance, submitted by the Department of Law, was
removed from the agenda to the next study meeting of the Council.
No action was taken by the Council on the request of the Director of Public
Safety for additional personnel for the Division of Police.
By Councilman Ventura., seconded by Councilman Allen, it was
#36-65 RESOLVED that, having considered a communication dated December 31,
1964, from the Director of Public Safety, approved by the Budget Director
and approved for submission by the Mayor, regarding the termination of the
Page 6949
contract with Michigan Bell Telephone Company for the "Emergency Reporting
System" and authorizing payment of penalty charges, the Council does
hereby authorize termination of the present contract and the payment of
penalty charges in the amount of 44,753.23 from the Telephone Expense
Account (No. 164-T), it appearing to the Council that over the thirty-one
month period yet remaining for payment under the contract there will be a
total savings to the City of $18,983.47, as a result of the installation
of a new system as proposed by the Department of Public Safety in con-
junction with studies with the Michigan Bell Telephone Company and others.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Daugherty, Allen, Dooley, McCann and Kleinert.
NAYS: None,
By Councilman McCann, seconded by Councilman Ventura and unanimously
adopted, it was
#37-65 RESOLVED that, having considered the petition received January 11,
1965, from Shelden Homes, by James D. Murphy, Livonia, Michigan, and in
accordance with the provisions of Act 73 of the Public Acts of 1959, as
amended, the Council does hereby approve of dividing lots 472 and 473 of
Kimberly Oaks Subdivision No. 3, in the SW 1/4 of Section 22, T. 1 S., R.9
E. , City of Livonia, Wayne County, Michigan, so as to add the easterly 20
feet to Lot 472; add the westerly 30 feet of Lot 473 to Lot 474; and combine
the easterly 30 feet of Lot 473 with the westerly 40 feet of Lot 472, in
the aforesaid subdivision, which parcels shall be subsequently described
as follows:
Parcel 1:
Lot 471 and the east 20 feet of Lot 472 of Kimberly Oaks Subdivision
No. 3, of part of the SW 1/4 of Section 22, T. 1 S., H. 9 E. , City of
Livonia, Wayne County, Michigan,
Parcel 2:
The East 30 feet of Lot 473 and the West 40 feet of Lot 472 of Kimberly
Oaks Subdivision No. 3, of part of the SW 1/4 of Section 22, T. 1 S.,
R. 9 E. , City of Livonia, Wayne County, Michigan; and
Parcel 3:
The West 30 feet of Lot 473 and Lot 474 of Kimberly Oaks Subdivision
No. 3, of part of the SW 1/4 of Section 22, 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.
By Councilman McCann, seconded by Councilman Dooley, it was
Page 6950
#38-65 RESOLVED that, pursuant to the report and recommendation dated
December 18, 1964, from the Chief City Engineer, approved by the Director
of Public Works, the Council does hereby amend Item No. 3 of its resolution
#379-59, adopted November 9, 1959, as reinstated by resolution #247-64,
adopted March 18, 1964, as amended by resolutions #513-64, #600-64, and
#840-64, so as to further reduce the bond for remaining improvements in
Country Homes Estates Subdivision Igo. 2 to 032,000.00, all to be in cash,
to cover the cost of remaining improvements in said subdivision; and the
financial assurances now on deposit with the City, if any, shall be reduced
accordingly, 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, Daugherty, Allen, Dooley, McCann and Kleinert.
NAYS: None.
$h Councilman McCann, seconded by Councilman Ventura and unanimously
adopted, it was
#39-65 RESOLVED that, the communication dated December 23, 1964, from
the Department of Law submitting a draft of the proposed new week or-
dinance, pursuant to resolution #777-64, be referred to the Legislative
Committee of the Council for its report and recommendation.
The letter dated January 12, 1964, from the City Assessor regarding
material compiled for Michigan Municipal League "Fiscal Data for City", was received
and filed for the information of the Council.
On motion of Councilman Ventura, seconded by Councilman Daugherty and
unanimously adopted, this 477th regular meeting of the Council of the City of
Livonia was duly adjourned at 10:25 P. M., January 13, 1965.
Addison W. Bacon, Ci -rk