HomeMy WebLinkAboutCOUNCIL MINUTES 1976-05-26 15651
MINUTES OF THE EIGHT HUNDRED AND THIRTY-FIFTH REGULAR MEETING
OF THE COUNCIL OF THE (all OF LIVONIA
On May 26, 1976, 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 Councwt
at approximately 8 06 P.M. . Councilman Ventura delivered the invocation. Roll was
called with the following result. Present--Robert E. McCann, Robert F. Nash, Jerry
H. Brown, Jerry Raymond, Peter A. Ventura, Robert R. Bishop and Robert D. Bennett.
Absent--None.
Elected and appointed officials present Harry C. Tatigian, City Attorney
Jack Dodge, Finance Director; Michael McGee, Administrative Assistant to the Mayor,
Ronald Mardiros, City Assessor, Gary Clark, Assistant City Engineer, Robert Turner,
Police Chief, John Nagy, City Planner, John T. Dufour, Superintendent of Parks and
Recreation, and Suzanne Wisler of the City Planning Commission.
By Councilman Ventura, seconded by Councilman Brown, and unanimously
adopted, it was
#447-76 RESOLVED, that the minutes of the 834th regular meeting of the
Council of the City of Livonia, held May 12, 1976, are hereby approved.
The following resolution was unanimously introduced, supported and adoptee..
#448-76 WHEREAS, House Bill 6010 woi1d require all communities in the
seven county metropolitan Detroit area to share half of the growth in the
assessed value of its commercial and industrial property tax base with all
communities in the seven county area, and
WHEREAS, The City of Livonia, in its effort to provide good city
services andthe lowest tax rate, has encouraged the location of good
industrial and commercial development at considerable inconvenience to its
resident citizens, and without that same inconvenience to those many
"bedroom" communities in the seven county area, and
WHEREAS, The City of Livonia and like communities which encourage
quality commercial and industrial development in order to maintain a well
balanced tax base would be severely penalized for all its new construction
and
WHEREAS, House Bill 6010 seems to be a continuation of Lansing's
tax rip off of those communities that plans well in order to afford a
decent city to live in, educate their children and retire in, with a
balanced tax base, and
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WHEREAS, If this legislation were law since 1972, the City of
Livonia would have lost $367,292 of non-school taxes in 1972, $687,721+ in
1973 and $1,057,993 in 1974,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Livonia that it does hereby set forth its strong opposition to House
Bill 6010.
BE IT FURTHER RESOLVED that the City Council of the City of
Livonia does hereby petition the Governor of the State of Michigan, the
Legislature, all its city department heads, and all of its Wayne County
officials to take appropriate and necessary steps to assure the demise of
House Bill 6010, in that it is an instrument whose enactment into law
would terminate our incentive for encouraging new industrial and commercial
tax base in the City of Livonia or other like suburban communities within
the seven county area,
BE IT FINALLY RESOLVED that copies of this resolution be forward-
ed to the attention of Governor William Milliken, the members of Michigan'
Legislature from Livonia, our members of the Wayne County Board of Com-
missioners and be presented by our City Assessor to the State Taxation
Committee public hearing this Friday, May 28th at the Westland City Hall.
*Councilman Bennett was excused at 8 07 p. m.
Councilman Brown took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 1 OF
THE ZONING MAP OF THE CITY OF LIVONIA
AND AMENDING ARTICLE III OF ORDINANCE
NO. 51+3, AS AMENDED, KNOWN AND CITED
AS THE "CITY OF LIVONIA ZONING ORDI-
NANCE, " BY ADDING SECTION _ THERETO.
RE PETITION 75-12-1-31 FOR CHANGE OF
ZONING FROM P.O. TO P.S.
A roll call vote was taken on the foregoing Ordinan-e with the following result
AYES Ventura, Bishop, Nash, Brown, Raymond-and McCann.
NAYS None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
*Councilman Bennett returned at 8 08 p. m.
Councilman Ventura took from the table, for second reading and adoption,
the following Ordinance.
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AN ORDINANCE AMENDING SECTION 9 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO.
543, AS AMENDED, KNOWN AND CITED AS THE
"CITY OF LIVONIA ZONING ORDINANCE, " BY
ADDING SECTION THERETO. RE PETITION
75-12-1-32 FOR CHANGE OF ZONING FROM R-3
TO R-2-B.
A roll call vote was taken on the foregoing Ordinance with the following result
AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann.
NAYS. None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
By Councilman Nash, seconded by Councilman Ventura, it was
#449-76 RESOLVED, that having considered the report and recommendation
of the Director of Finance, dated April 28, 1976, approved for submission
by the Mayor, the Council does hereby determine to accept the following
bids•
(a) The bid of Graphic Communicationsy Inc. , 700 Junction,
Plymouth, Michigan 48170, for all letterhead and ordinances,
at the unit prices indicated in the attached schedule,
(b) The bid of Compton Printing Company, 32349 Eight Mile
Road, Livonia, Michigan 48152, for all 4-Part, 8-1/2 x
11 Forms, 3-Prt, 8-1/2 x 5-1/2 Forms, at the unit
price indicated in the attached schedule, and
(c) The bid of K & H Specialties, 4520 W. Warren, Detroit,
Michigan 48120, for the balance of the printing, at the
unit prices indicated in the attached schedule,
the action taken herein being for the reasons set forth in the aforesaid
communication.
A roll call vote was taken on the foregoing resolution with the following result
AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann.
NAYS• None.
By Councilman Bishop, seconded by Councilman Ventura, it was
0450-76 RESOLVED, that having considered a communication from the Chief
and the Director of Public Safety-Fblice, dated April 21, 1976, which
bears the signature of the Finance Director and is approved for submission
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by the Mayor Pro Tem, wherein a request is submitted for funds sufficient
to complete the police training area located at the City's Land Reclama-
tion Site, the Council does hereby appropriate the sum of $5200.00 from
the Federal Revenue Sharing Interest Earnings Account for this purpose.
A roll call vote was taken on the foregoing resolution with the following result
AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann.
NAYS None.
By Councilman Bennett, seconded by Councilman Bishop, it was
4+51-76 RESOLVED, that having considered a communication from the
Director of Finance, dated April 28, 1976, approved for submission by the
Mayor Pro Tem, to which is attached a communication from the Livonia
Public Schools, dated March 31, 1976, with regard to the City's share of
expenses for the operation of the Livonia Community Youth Employment
Office for the period through November 30, 1975, in the amount of
$4,960.91, the Council does hereby authorize the payment of same from
funds previously appropriated for this purpose and, in this regard,
requests that the City Clerk and City Treasurer 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, Bishop, Bennett, Nash, Brown, Raymond and McCann.
NAYS: None.
By Councilman Bishop, seconded by Councilman Raymond, it was
4452-76 RESOLVED, that having considered a communication dated April 26,
1976 from the City Planning Commission which transmits its Resolution
No. 4-47-76 adopted on April 6, 1976 with regard to Petition No. 75-4-2-9
as amended, submitted by Jack M. Richards requesting waiver use approval
to construct and operate a family style restaurant on property zoned C-2
located on the southwest corner of Seven Mile and Farmington Roads in the
N. E. 1/4 of Section 9, the Council does hereby reject the recommendation
of the City Planning Commission and Petition No. 75-4-2-9, as amended, is
hereby denied, for the following reasons
1. The proposed use is one of the highest traffic generators.
Seven Mile Road is already overburdened with traffic and the
addition of traffic from the proposed use would adversely
affect its traffic-carrying capacity.
2. The site of the proposed use being only 250 feet west of the
west right-of-way line of Farmington places the points of
ingress and egress to the site from Seven Mile Road in such
low
close proximity to the intersection of Farmington and Seven
Mile Roads the access to and from the site would be extremely
difficult and would conflict with the traffic within the inter
section.
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3. The site location, its size and intensity, site layout and
periods of operation of the proposed use would cause a
nuisance which would be noxious to the occupants of other
nearby permitted uses of the area by reason of dust, noise,
fumes and lights.
4. The proposed use is not of such location, size and, character
that it would be in harmony with the appropriate and orderly
development of the surrounding neighborhood.
5. The petitioner has failed to affirmatively show that the pro-
posed use complies with Section 19.06 of Zoning Ordinance
No. 543, as amended.
6. The site plan as proposed encroaches upon the adjacent public
alley and is therefore in noncompliance with C-2 general
requirements and waiver use special regulations.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Ventura, Bishop, Nash, Brown, Raymond and McCann.
NAYS: Bennett.
The President declared, the resolution adopted.
By Councilman Ventura, seconded by Councilman Brown, it was
#453-76 RESOLVED, that having considered the report and recommendation o_
the City Engineer, dated April 23, 1976, which bears the signature of tic
Finance Director, is approved by the Director of Public Works and, is
approved for submission by the Mayor, and which transmits a copy of a
letter dated April 19, 1976 from the Engineer of Traffic and Safety of t%
Board of Wayne County Road. Commissioners, and to which is attached a tri-
party agreement for the installation of a traffic signal control device
to be located at the intersection of Joy Road and Hix Road, the Council
does hereby determine to authorize the installation of the said traffic
signal control device, further, the Council having been advised that the
estimated cost of the proposed traffic signal installation is $5,660.00
does hereby approve of the City of Livonia assuming 25% of the total actuc
cost of such installation, and for this purpose does hereby appropriate
and authorize the expenditure of a sum not to exceed $1,415.00 from Motor
Vehicle Highway Fund. Receipts (Lajor Road. Account), and, further, it is
the understanding of the City of Livonia that the Wayne County Road Com-
mission will assume 50% of all installation, energy and maintenance costs
and that the City of Livonia and the City of Westland will each assume
25% of all installation, energy and maintenance costs, and for this
purpose the Mayor and. City Clerk are hereby authorized and requested to
execute the said tri-party agreement in behalf of the City of Livonia,
and together with the City Treasurer, to do all other things necessary of
iftw incidental to the full performance of this resolution, and the City Clerk
is hereby requested to send a certified copy of this resolution to the
Board of Wayne County Road. Commissioners, to the attention of Traffic and
Safety, and Council Resolution 378-75 adopted on May 7, 1975, to the
extent that it is inconsistent with the action taken herein, is hereby
repealed, amended and revised.
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A roll call vote was taken on the foregoing resolution with the following result.
AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Raymond, it was
#454-76 RESOLVED, that having considered a communication from the Person-
nel Director, dated March 11, 1976, approved by the Finance Director and
approved for submission by the Mayor Pro Tem, which transmits a resolution
adopted by the Civil Service Commission on March 4, 1976, wherein it is
recommended that the compensation for high school co-op and student page
(library) classifications be established at the rate of $2.30 per hour,
retroactive to and commencing from January 1, 1976, the Council does
hereby determine to concur in and approve of such action; further, the
Council does hereby appropriate the sum of $2,300.00 from the Unexpended
Fund Balance Account for this purpose.
A roll call vote was taken on the foregoing resolution with the following result.
AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann.
NAYS None.
By Councilman Brown, seconded by Councilman Ventura, and unanimously
adopted, it was
#455-76 RESOLVED, that in accordance with the provisions set forth in
Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended,
the City Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIII
of Ordinance No. 543, as amended, the Zoning Ordinance of the City of
Livonia, the Council does hereby determine that a Public Hearing will trl-e
place before the City Council of the City of Livonia on Monday, August 23,
1976, at 8 00 P. M. at the Livonia City Hall, 33001 Five Mile Road,
Livonia, Michigan, with respect to the following items
1. Petition 76-2-1-6 submitted by the City Planning
Commission on its own motion for a change of
zoning of property located at the northwest corner
of Joy and Hix Roads in the Southwest 1/4 of
Section 31, from C-2 to R-1, the City Planning
Commission in its Resolution No. 4-42-76 having
recommended to the City Council that Petition
76-2-1-6 be approved,
2. Petition 76-2-1-7 submitted by the City Planning
Commission on its own motion for a change of
zoning of property located on the northeast corner
of Newburgh Road and Ann Arbor Trail in the
Northwest 1/4 of Section 32, from C-1 to R-1, the
City Planning Commission in its Resolution No.
4-43-76 having recommended to the City Council
that Petition 76-2-1-7 be approved,
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3. Petition 76-3-1-9 submitted by the City Planning
Commission on its own motion for a change of
zoning of property located north of Schoolcraft
Road, west of Berwick Avenue, in the Southeast
1/4 of Section 22, from RUF to R-1-B, the City
Planning Commission in its Resolution No. 4-44-76
having recommended to the City Council that Peti-
tion 76-3-1-9 be approved,
4. Petition 76-3-1-10 submitted by the City Planning
Commission on its own motion for a change of zon-
ing of property located on the south side of Ann
Arbor Road between Newburgh Road and Horton in
the Northeast 1/4 of Section 31, from C-1 to R-1,
the City Planning Commission in its Resolution No.
4-61-76 having recommended to the City Council
that Petition 76-3-1-10 be approved,
5. Petition 73-4-1-15 (rehearing) submitted by the
City Planning Commission pursuant to Council
Resolution 244-73 for a change of zoning of pro-
perty located on the southwest corner of Newburgh
Road and Ann Arbor Road in the Northeast 1/4 of
Section 31, from P.L. and C-1 to C-2, the City
Planning Commission in its Resolution No. 4-60-76
having recommended to the City Council that Peti-
L. tion 73-4-1-15 (rehearing) be denied,
6. Petition 76-2-6-1 submitted by the City Planning
Commission pursuant to Council Resolution 39-76
to amend Sections 18 29 and 18.49 of Ordinance No.
543, the Zoning Ordinance of the City of Livonia,
as amended,by deleting existing fencing require-
ments and incorporating provisions set forth in
Section 5-1009 of the Livonia Code of Ordinances,
as amended, the City Planning Commission in its
Resolution No. 4-49-76 having recommended to the
City Council that Petition 76-2-6-1 be approved,
further, the City Clerk is hereby requested to, not less than fifteen
(15 ) days prior to the aforesaid date of said public hearing, cause to hive
a statement indicating the
(a) nature of the proposed amendments to the Zoning
Ordinance, and
(b) location of the proposed changes of zoning
as set forth above, first to be published in the official newspaper of
the City or a newspaper of general circulation in the City of Livonia as
well as to, not less than fifteen (15) days prior to said public hearing,
cause to have notice to be given by registered mail to each public
utility or railroad within the districts or zones affected, and further,
the City Clerk is requested to do all other things necessary or incidental
to the full performance of this resolution.
15658
By Councilman Nash, seconded by Councilman Bishop, it was
#456-76 RESOLVED, that having considered a communication from the Person-
nel Director, dated April 23, 1976, which contains a resolution adopted
by the Civil Service Commission on April 1, 1976, with regard to salary
adjustments for professional and administrative personnel in connection
with the action taken by the City Council in its Resolution No. 261-76,
adopted on March 24, 1976, the Council does hereby take this means to
advise the Civil Service Commission that the said action in Council
Resolution No. 261-76 should be strictly construed as constituting maximlir
salary amounts and that any rounding off or adjustment of the pay rates
set forth therein in order to establish hourly rates should be made below
the approved amounts and not above same, and the Civil Service Commission
is hereby requested to take such action as may be required for compliance
with the action taken herein.
A roll call vote was taken on the foregoing resolution with the following result
AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann.
NAYS• None.
Councilman Ventura took from the table for second reading and adoption,
tie following Ordinance
AN ORDINANCE AMENDING TITLE 6,
CHAPTER 1 (TRAFFIC ORDINANCE) OF
LIVONIA CODE OF ORDINANCES, AS
AMENDED, BY AMENDING SECTION 6-173
THEREOF.
A roll call vote was taken on the foregoing Ordinance with the following result
AYES: Ventura, Bennett, Nash, Brown, Raymond and McCann.
NAYS Bishop.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
By Councilman Nash, seconded by Councilman Ventura, it was
#457-76 RESOLVED, that having considered the report and recommendation
of the Finance and Insurance Committee, dated May 11, 1976, and submitted
pursuant to Council Resolution 790-75, in connection with a communication
from the Director of Finance, dated August 27, 1975, with regard to
designated institutions which are approved general depositories and
collecting agencies for tax and water bills, the Council does hereby re-
quest that the Director of Finance advise those General Depositories and
Collecting Agents that have not furnished their respective annual reporj.;s
as previously requested, that continued failure to do so may result in the
termination of their status as collection agents and general depositories
for the City of Livonia.
15659
A roll call vote was taken on the foregoing resolution with the following result
AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann.
NAYS- None.
By Councilman Nash, seconded by Councilman Raymond, it was
4458-76 RESOLVED, that having considered the report and recommendation
of the Finance and Insurance Committee, dated May 11, 1976, and submitted
pursuant to Council Resolution 101-76, inconnection with a communication
from the Personnel Director, dated January 7, 1976, which transmits a
resolution adopted by the Civil Service Commission on December 16, 1975
wherein it is recommended that the Council accept a proposed amendment to
coverage agreement of group operating agreement from Blue Cross-Blue
Shield of Michigan for co-ordination of benefits - Rider COB-3, to be
effective on and after January 1, 1976, the Council does hereby deterrine
to concur in and approve of such action.
A roll call vote was taken on the foregoing resolution with the following result.
AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann.
NAYS None.
By Councilman Nash, seconded by Councilman Raymond, it was
#459-76 RESOLVED, that having considered. the report and recommendation of
the Finance and Insurance Committee, dated May 11, 1976, and submitted
pursuant to Council Resolution 282-76, in connection with communications
dated March 2, 1976 and April 28, 1976, to which are attached a communica-
tion from the Director of Housing Management Division of the Department of
Housing and Urban Development, dated April 12, 1976, and the 1976 Opera-
ting Budget for the McNamara Towers, which budget was reduced in the
manner and form indicated in the amount of $6,932.00 so as to establish
a final approved operating budget of $146,950.00, the Council does hereby
determine to approve the same as submitted herein.
A roll call vote was taken on the foregoing resolution with the following result
AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann.
NAYS• None.
By Councilman Nash, seconded by Councilman Bishop, and unanimously
adopted, it was
#460-76 RESOLVED, that having considered the report and recommendation of
the Finance and Insurance Committee, dated May 11, 1976, and submitted
pursuant to Council Resolution 372-76, in connection with a communicatio,i
from the Chair Person of the Livonia Commission on Aging, dated Aplil 6,
1976, the Council does hereby determine to approve in principle the
establishment of a full time Senior Citizens Coordinator, however, it
15660
questions the advisability of such a position remaining and/or being
established on a full time basis under the Department of Parks and
Recreation and does, therefore, refer this entire matter to the Mayor
for his report and recommendation regarding the nature of this position,
and the location of same, considering the newly created Department of
Community Resources, the recently created Commission on Aging, the
recreational responsibilities of the Parks and Recreation Department, and
the housing responsibilities of the Housing Authority.
By Councilman Nash, seconded by Councilman Bishop, and unanimously
adopted, it was
#461-76 RESOLVED, that having considered the report and recommendation
of the Finance and Insurance Committee, dated May 11, 1976, and submitted
pursuant to Council Resolution 915-74, in connection with a communication
from the Personnel Director, dated September 30, 1974, which transmits a
resolution adopted by the Civil Service Commission on September 3, 197+,
with regard to certain salary adjustments and benefit changes for the
classifications of Probation Officer I (Permanent Part Time) and Probat_r
Officer II (Permanent Part Time), the Council does hereby determine to
take no further action with respect to this item.
By Councilman Bishop, seconded by Councilman Ventura, and unanimously
adopted, it was
#462-76 RESOLVED, that the Council does hereby suspend their rules for
procedure as outlined in Council Resolution #337-56, so as to permit
consideration of several items that do not appear on the agenda.
By Councilman Nash, seconded by Councilman Brown, it was
#+63-76 RESOLVED, that having considered a communication from the
Department of Law, dated April 27, 1976, approved by Patrick Basile of
the Ad Hoc Senior Citizens Housing Committee, and approved for submission
by the Mayor, and which transmits a certain Option for Moderate Income
Elderly Housing Development, the Council, in accordance with Section 23.01
(a), on its own motion does hereby request that the City Planning Commis-
sion conduct a Public Hearing and thereafter submit its report and recom-
mendation on the question of whether or not 11.99 acres (net) of vacant
land located on the north side of Lyndon Avenue, at Stark Road, should T)%
rezoned from R-2 to R-9.
A roll call vote was taken on the foregoing resolution with the following result
AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann.
NAYS None.
By Councilman Bennett, seconded by Councilman Bishop, and unanimously
adopted, it was
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By Councilman Bennett, seconded by Councilman Bishop, and unanimously
adopted, it was
#464-76 RESOLVED, that having considered a communication from the Depart-
ment of Law, dated April 27, 1976, approved by Patrick Basile of the Ad
Hoc Senior Citizen Housing Committee, and approved for submission by the
Mayor, and which transmits a certain Option for Moderate Income Elderly
Housing Development, the Council does hereby request that the City Engin-
eer submit a report and recommendation concerning both on site and off
site improvements required to develop the 11.99 acres (net) of vacant land.
located on the north side of Lyndon Avenue, at Stark Road, for the proposed
Moderate Income Elderly Housing Development.
The communication from the Livonia Housing Commission, dated April 28,
1976, with respect to the 1976 Budget for the operation of McNamara Towers, was
received and filed for the information of the Council.
By Councilman Nash, seconded by Councilman Bishop, it was
#+65-76 RESOLVED, that having considered a communication from the Depart -
ment of Law, dated May 11, 1976, approved by the Finance Director and the
City Engineer, and approved for submission by the Mayor, which submits a
proposed Stipulation for Consent Judgment and proposed Judgement with
respect to Wayne County Circuit Court Civil Action No. 73-2+1723-CZ,
Alexander, et al v City of Livonia, et al, the Council does hereby author-
ize the City Attorney to execute the said Stipulation and Consent Judgment
in the manner and form submitted, the terms and conditions of which are
as follows
A. That the special assessment levied on plaintiffs'
property located at 31701 Plymouth Road (Lots 39
and 1+0 of Rosedale Gardens No. 1 Subdivision) in
Special Assessment District No. 101 shall be re-
duced by the sum of $3,000.00, and that the amount
of any remaining unpaid installments are to be re-
calculated and reduced accordingly,
B. All other provisions with respect to said Special
Assessment District, as contained in Council
Resolution 970-71, shall remain in full force and
effect, and
C. The said Judgment shall run with the land and shall
be construed as binding on all assigns and successors
in title of plaintiffs.
and, further, the Council does hereby determine that the City's share of
the costs in Special Assessment District No. 101 shall be increased in the
amount of $3,000.00, and for this purpose the Council appropriates the
said sum of $3,000.00 from Federal Revenue Sharing Funds; and the City
Clerk and the City Treasurer are hereby requested to do all other things
necessary or incidental to the full performance of this resolution.
15662
LA roll call vote was taken on the foregoing resolution with the following result.
AYES. Bishop, Nash, Brown, Raymond and McCann.
NAYS Ventura and Bennett.
The President declared the resolution adopted.
By Councilman Nash, seconded by Councilman Bishop, it was
#466-76 WHEREAS, the City of Livonia finds that there is an urgent neces-
sity to acquire right-of-way for the purpose of altering and widening Six
Mile Road, between Newburgh Road and Fitzgerald Avenue in Section 8, in
the City of Livonia, Wayne County, Michigan, and
WHEREAS, the Council finds that it is necessary to acquire right-
of-way in the aforementioned Section 8 to facilitate the flow of traffic
and to alleviate traffic congestion as a matter of public safety and con-
venience, and to promote the public welfare generally, and
WHEREAS, the Council further finds that the acquisition of certair
private property, as further described hereinafter, is indispensable to
the necessary program of altering and widening Six Mile Road, between
Newburgh Road and Fitzgerald Avenue, and
WHEREAS, the City Engineer and the City Planner have recommended
that Six Mile Road be altered and widened from the I-96/275 Freeway
easterly to Levan Road in order to alleviate traffic congestion and
facilitate the flow of traffic thereon, and have presented plans which
have been approved by this Council; and
WHEREAS, the City Planning Commission by its resolution No.
2-61-72 adopted on February 22, 1972, and recorded on July 5, 1972 in the
office of the Wayne County Register of Deeds in Liber 18112, Pages 277
and 278, amended Part I of the Master Plan of the City of Livonia, said
Part being known as The Master Thoroughfare Plan, so as to establish a
180-foot right-of-way for that portion of Six Mile Road lying east of
Newburgh Road for a distance of approximately 500 feet for the purpose of
altering and widening Six Mile Road between Newburgh Road and Fitzgerald
Avenue, and
WHEREAS, Six Mile Road from the I-96/275 Freeway to Levan Road
in the City of Livonia is a county road under the jurisdiction and
control of the Board of County Road Commissioners of the County of Wayne,
Michigan, and
WHEREAS, the City of Livonia and the Board of County Road
Commissioners of the County of Wayne, Michigan have heretofore entered
into an agreement, pursuant to provisions contained in Act 51 of the Ftblic
Acts of the State of Michigan of 1951, as amended, wherein the afore-
L mentioned Board of County Road Commissioners has authorized the City of
Livonia to act on its behalf in acquiring either by negotiation or condem-
nation proceedings, the right-of-way hereinafter more particularly
described,
15663
NOW, THEREFORE, BE /T RESOLVED, that this Council for the City of
Livonia, Wayne County, Michigan, hereby declares that the acquisition of
certain private property, as hereinafter described, is necessary for tae
altering and widening of Six Mile Road, between Newburgh Road and.
Fitzgerald Avenue, which altering and widening is necessary as a public
improvement for the use and benefit of the public, for the purposes of its
incorporation, for a public purpose within the scope of its power, and
that a good faith offer to purchase said parcel of land has been made, and.
BE IT FURTHER RESOLVED, that this Council does hereby declare
that it determines it necessary to take the fee to private property upon
just compensation to be paid therefor for such improvement, the said
property necessary for altering and widening of Six Mile Road, between
Newburgh Road and Fitzgerald Avenue, and the just compensation for same
being as follows:
A parcel of land being a part of the S.W. 1/4 of Section 8,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan,
described, as:
The northerly 30.00 feet of the southerly 90.00 feet (measured
at right angles to the south line of Section 8), of the easterly
150.00 feet of the westerly 210.00 feet of the S.W. 1/4 of
said Section 8. (containing an area of 0.103 acres of land,
more or less)
Interested party. Shell Oil Company
50 W. 50th Street
New York, N. Y.
Estate of interest to be taken Fee simple in real property.
Subject to delinquent taxes in accordance with Act 270 of the
Public Acts of 1931 and the prorating of taxes in accordance
with provisions of Act 288 of the Public Acts of 1966.
Estimated just compensation $19,000.00
BE IT FURTHER RESOLVED, that the Department of Law of the City
of Livonia be and is hereby authorized and directed to institute and
conduct the necessary proceedings on behalf of the City of Livonia 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 objectives of this resolution, and to acquire by condemnation for
the City of Livonia the private property hereinbefore described for the
purpose of altering and widening Six Mile Road, between Newburgh Road arc".
Fitzgerald Avenue, as a necessary and authorized public improvement, and
that said proceedings be brought in accordance with the provisions of Act
295 of the Public Acts of 1966, as amended, being MSA 8.261(1), et seq,
and
1566 .
BE IT FURTHER RESOLVED, that the Council does hereby authorize
the expenditure of a sum not to exceed Nineteen Thousand and no/100
Dollars ($19,000.00) for acqusition costs and, further, the Council does
hereby authorize the expenditure of a sum not to exceed Three Thousand
Four Hundred Eight and 4700 Dollars ($3,408.47) as the City's portion of
the prorated City, County, County Drain, School and Community College tax
in connection with the aforesaid item, the same to be prorated as of the
date of closing, and further, the Council does hereby authorize the advance
of the aforesaid sums from Motor Vehicle Highway Funds (Major Roads Accoun
as compensation to be paid to the subject property owner in connection
with this project, and the City Clerk and City Treasurer are hereby
authorized to do all things necessary or incidental to the full performanc
of this resolution, and
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby
authorized to affix their signatures to a Declaration of Taking in order
to carry out the provisions of this Resolution and Statement of Necessity.
A roll call vote was taken on the foregoing resolution with the following result
AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann.
NAYS None.
By Councilman Nash, seconded by Councilman Bishop, it was
#467-76 RESOLVED, that having considered a communication from the Depart-
ment of Law dated May 25, 1976, approved by the Fire Chief and the
Director of Finance, and approved for submission by the Mayor, with regard.
to obtaining an updated appraisal of a proposed branch fire station site
located south of Six Mile Road on the west side of Newburgh Road and
which is 1.319 acres in size, the Council does hereby authorize the
Department of Law to employ an expert real estate appraiser, in order to
obtain an updated appraisal of the subject property, and does hereby
appropriate and authorize the expenditure of a sum not to exceed $100 from
the 1968 Fire Station General Obligation Bond Issue for this purpose, and
the City Clerk and the City Treasurer are hereby authorized to do all
things necessary or incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result
AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann.
NAYS• None.
By Councilman Bishop, seconded by Councilman Raymond, it was
#468-76 RESOLVED, that having considered a communication from the Mayor,
dated May 26, 1976, with regard to the Department of Community Resources,
the Council does hereby determine to establish an annual salary for the
position of Director of Community Resources in the amount of $16,286.40.
A roll call vote was taken on the foregoing resolution with the following result
AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann.
NAYS None.
15665
By Councilman Ventura, scondcd by Councilman Bishop, and, unanimously
adopted, this 835th Regular meeting of the Council of the City of Livonia was duly
adjourned at 9.05 P. M., May 26, 1976.
001.
mcmillk •
ADDISON W. ON, C TY CLERK.
6.;