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HomeMy WebLinkAboutCOUNCIL MINUTES 1963-04-24 Page 6010 MINUTES OF THE FOUR HUNDRED SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 21i., 1963, 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 8:48 P. M. Councilman McNamara delivered the invocation. Roll was called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty, William E. Parks, Rudolf R. Kleinert, John F. Dooley, Edward H.McNamara and James R. McCann. Absent-- None. Elected and appointed City officials present: Juanita Hillas, Deputy City Clerk; Carl J. Wagenschutz, City Treasurer; Charles J. Pinto, first Assistant City Attorney; Robert A. Shaw, Director of Public works; Addison Bacon, Director of Public Safety; David L. Jones, Water and Sewer Commissioner; Thomas Griffiths, Jr., Chief Accountant; Victor C. Phillips, Budget Director; William J. Strasser, C hief City Engineer; and David R. McCullough, City Planner. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #294-63 RESOLVED that, the minutes of the 405th regular meeting of the Council of the City of Livonia held on April 17, 1963, and the adjourned 405th regular meeting held on April 21i., 1963, are hereby approved. The letter dated April 211., 1963, from the Department of Law informing the Council of a law suit commenced by George Zedan against the City of Livonia, et al, seeking to have ruled invalid resolution #209-63, adopted on March 27, 1963, which resolution dealt with the administrative office of the City Assessor, was received and placed on file for the information of the Council. By Councilman Dooley, seconded by Councilman McNamara, it was #295-63 RESOLVED that, having considered the letter dated April 23, 1963, from the Department of Law, and the map dated 3-20-63 (prepared by the Engineering Division, File No. 163'162) attached thereto, the City Council does hereby: 1) approve and authorize of purchasing from the Light Weight Aggregate Corporation, 12720 Farmington Road, Livonia, Michigan, the following property: Page 6011 PARCEL 1 That part of the North 1/2 of Section 27, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as: Beginning at the intersection of the North and South one quarter line of Section 27 and the southerly line of Schoolcraft Road right-of-way, and proceeding thence along said southerly line South 89° 14' 28" East 113.0 feet; thence South 00 06' 22" West, 1227.11 feet; thence South 890 22' 10" East, 100 feet; thence South 00 06' 20" West, 792.16 feet; thence North 890 12' 30" East, 11175.12 feet; thence North 00 20' 30" East, 1288 feet; thence South 890 35' 30" East, 1326.1114 feet; thence North 0° 06' 22" East, 723.00 feet, to the point of beginning, and containing 143.2.9 acres of land. PARCEL 2 The East 100.0 feet of the West 1143.0 feet of the North 1/2 of the Northeapt i/4 of Section 27, Town 1 South, Range 9 East, Livonia Township, except the North 852 feet thereof, said parcel having a width of 100 feet and a depth of 1177.51 feet and contain- ing 117.751 square feet or 1.0962 acres of land; the total acreage to be conveyed being 141 .345 acres; such property to be purchased on a cash basis for a total consideration equal to $5,000.00 per acre and no more; that upon payment of such sum the Light Weight Aggregate Corporation (owner and seller) shall deliver to the City of Livonia (purchaser) 1) a warranty deed conveying a marketable title to the above described land, and 2) a Policy of Title Insurance certified substantially to the date of delivery; and provided further 2) the purchase authorized above is conditioned upon the Light Weight Aggregate Corporation granting to the City of Livonia an option to purchase the following described property: OPTION That part of the North 1/2 of Section 27, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as: Beginning at a point on the north line of the C & 0 R. R. right- of-way, distant North 0° 26' 20" East, 119.50 feet from the center corner of said Section; thence along the north line of the C & 0 R. R. Right-of-way North 89° 12' 30" West, 13311.12 feet; thence North 00 20' 30" East, 1120 feet; thence South 890 12' 30" East, 1618.1111 feet; thence South 00 06' 20" West, 1420 feet; thence along the North line of the C & 0 R. R. right-of- way, North 89° 29' 50" West, 1113 feet to the point of beginning, and containing 14.23 acres of land; at any time within a four (11) year period beginning on January 1, 1963, and for a consideration equal to $5,000.00 per acre; and provided further 3) the Council does hereby approve and authorize of the City entering into a lease agreement with Light Weight Aggregate Corporation providing for the City to lease back to the said Page 6012 company all of that property to be purchased under the authority of this resolution as described above together with all of that property presently being purchased from the said company by land contract dated October 15, 1959; the said property to be leased comprising 87.5 acres more or less; the term of such lease to be for a period of ten (10) years; the annual rental to the City under such lease to be the sum of fifteen cents (15¢) per ton for each ton of the tenant's finished product removed from the demised premises with a minimum guaranteed rental of $12,000.00 per year beginning on May 1, 1963, and yearly thereafter; and such lease to be entered into upon all of those other terms and conditions provided for in the form of lease agreement heretofore submitted by the Department of Law under date of April 3, 1963; and provided further 4) for the purposes of this resolution the Council does hereby authorize the expenditure of the sum of $221,725.00 from the Municipal Refuse Fund together with such sums as may be owing to the Seller for taxes paid to date on property hereinabove authorized to be purchased; and provided further 5) that the Department of Law is hereby authorized to do all things necessary or incidental to the full performance of this resolution, and the Mayor and City Clerk are herein authorized to execute for and on behalf of the City of Livonia and with the Light Weight Aggregate Corporation the Lease agreement herein- above authorized and also to do all other things reasonably necessary or incidental to the full performance of this resolution; and further, all prior resolutions of the Council are hereby rescinded only to the extent that they are in conflict herewith. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #296-63 RESOLVED that, having considered the letter dated April 24, 1963, from the Mayor, regarding the possibility of the Citizens Research under- taking a study of the effect of the proposed annexation to the City of Livonia of 7.31 square miles of Nankin Township, the Council does hereby take this means to request the Citizens Research Council to undertake such a study and to subsequently report to the Council the results of the study; this action is taken as a reult of the Mayor's recommendation contained in the aforesaid letter dated April 24, 1963, which letter is made a part hereof by this reference. By Councilman Dooley, seconded by Councilman Daugherty and unanimously adopted, it was Page 6013 #297-63 RESOLVED that, the City of Livonia Council does hereby welcome to the City of Livonia the Citizens Research Council and does hereby take this means of expressing to the Council the wholehearted willingness of this City Council to cooperate to the fullest extent and invites the members of the Citizens Research Council to meet with the City of Livonia Council at such time as may be mutually convenient. By Councilman Daugherty, seconded by Councilman McNamara, it was #298-63 RESOLVED that, having considered the letter dated April 22, 1963, from the Mayor, regarding a Conference of Michigan Municipal Officials in Washington, D. C., on Friday, May 3, 1963, the Council does hereby transfer the sum of $600.00 to the Mayor's Travel Account No. 107-29, from the Unallocated Account, to cover the expenses to be incurred by the Mayor, City Attorney, Director of Public Works and City Planner in attending such conference, and that the letter dated April 22, 1963, from the Mayor be incorporated as a part of this resolution by this reference. A roll call vote was taken on the foregoing resolution with the following result: AXES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. An Ordinance Amending Ordinance No. 135, as amended, Known and Cited as the Plat Ordinance of the City of Livonia, by Amending Section 13 Thereof, introduced by Councilman Dooley on April 17, 1963, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, McCann, Daugherty, Kleinert, Dooley and Bagnall. NAYS: Parks. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was #299-63 RESOLVED that, Council resolution #293-63, adopted on April 17, 1963, is hereby amended so as to delete the date provided therein, to wit: May 1, 1962, and to substitute in lieu thereof, March 12, 1962. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #300-63 RESOLVED that, consideration of the sale of the Civic Center land to the United States Post Office Department, be tabled to the next regular Page 6014 meeting pending the Councills study of the legal description furnished this day. By Councilman McNamara, seconded by Councilman Kleinert, it was #301-63 RESOLVED that, having considered the letter dated April 12, 1963, from the Department of Law, the Council does herein rescind its resolution #683-61, which resolution asked for an amendment to the zoning ordinance establishing recreational district regulations, in view of the fact that a new zoning ordinance is being prepared for submission to the Planning Commission and the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Parks, Kleinert and Dooley. NAYS: Daugherty and Bagnall. The President declared the resolution adopted. The letter dated April 15„ 1963, from the City of Detroit regarding certain legislation sponsored by the City of Livonia, was received and placed on file for the information of the Council. The letter dated April 15, 1963, from State Representative Paul M. Chandler to the Michigan Public Service Commission regarding telephone rate complaints, was received and placed on file for the information of the Council. On motion of Councilman Dooley, seconded by Councilman Parks and unanimously adopted, this 406th regular meeting of the Council of the City of Livonia was adjourned at 9:19 P. M., April 24, 1963. ) ) 6_-z1-4/j.- Mati Clark, City Clerk __