HomeMy WebLinkAboutCOUNCIL MINUTES 1971-07-14 12261
MINUTES OF THE SEVET: HUNDRED FOURTEENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On July 14, 1971, 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 8.05 P. M.. Councilman Raymond delivered the invocation. Roll was
called with the following result. Present--Robert F. Nash, Jerry H. Brown, Peter A.
Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett.
Absent--None.
Elected and appointed officials present: Addison W. Bacon, City Clerk,
Harry C. Tatigian, City Attorney, Robert E. Osborn, Director of Public Works, Stanley
Bien, Chief Librarian, Dan Gilmartin, Industrial Coordinator; G. E. Siemert, City
Engineer; Calvin Roberts, Chief of Fire Division, Rudolf R. Kleinert, Director of
Public Safety-Fire; Ronald Mardiros, City Assessor; H. L. Bridges, Assistant City
Assessor; Richard Jones, Water and Sewer Department, Carl Demek, Superintendent of
Operations Division; James Miller, Personnel Director, John Nagy, City Planner, Jack
Dodge, Budget Director, Thomas Griffiths, Chief Accountant; Dan Andrew, Planning
Commission; Frank Kerby, Chief Building Inspector, Michael Reiser, Water and Sewer
Board, and John McCann of Wayne County Commission.
By Councilman Ventura, seconded by Councilman McCann, and unanimously
adopted, it was
#627-71 RESOLVED, that the minutes of the 713th regular meeting of the
Council of the City of Livonia, held on June 30, 1971, are hereby approved.
By Councilman Bennett, seconded by Councilman Brown, and unanimously
adopted, it was
#628-71 RESOLVED, that the minutes of the 136th special meeting of the
L Council of the City of Livonia, held on July 7, 1971, are hereby approved.
By Councilman Milligan, seconded by Councilman Raymond, and unanimously
adopted, it was
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#629-71 RESOLVED, that having considered the report and recommendation of
the Legislative Committee, issued on July 14, 1971 and submitted pursuant
to Council Resolution #505-71 in connection with proposed ordinance amend-
ments to Section 25.04 and Section 26.04 of the Zoning Ordinance, as
amended, which proposed amendments would designate minimum and maximum
height and story limitations for buildings located in the C-4 and P. 0.
Zoning Districts, the Council does hereby determine that pursuant to Section
23.01(a) on its own motion, that the City Planning Commission shall conduct
a Public Hearing, and thereafter submit its report and recommendation to
Council with regard to the proposed ordinance amendments, provided, however,
that min n m and maximum stories and heights of buildings in the C-4 and
P. 0. classifications without any further designations shall be 3 - 4
stories, and with respect to the designations of•
"A" shall be 5 - 6 stories
"B" shall be 7 - 8 stories
"C" shall be 9 - 20 stories.
By Councilman Ventura, seconded by Councilman McCann, it was
#630-71 RESOLVED, that having considered a communication from the City
Engineer dated July 12, 1971, approved by the Director of Public Works and
approved for submission by the Mayor with regard to the construction of a
grade separation on Middlebelt Road where the same is traversed by the
C & 0 Railway, the Council takes this means to indicate to the Wayne County
Road Commission that due to the great cost involved in providing a temporary
by-pass road during the construction of the said grade separation, that
Middlebelt Road between Schoolcraft and Plymouth Roads be closed to all
through traffic during this period, unless or until such time as funds may
be obtained for the purpose of providing such a temporary by-pass road from
the State of Michigan or any other available source, and the City Clerk is
hereby requested to forward a certified copy of this resolution to the Board
of Wayne County Road Commissioners.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Raymond, it was
#631-71 RESOLVED, that having considered a communication from the Budget
Director dated July 13, 1971, approved for submission by the Mayor, with
regard to those fund balances of special assessment districts where the
same have accumulated interest as a result of delinquencies and penalties
and/or where a surplus has been derived which is less than 5% of the
assessments all of which totals a sum in the amount of $139,042.07 as
detailed and set forth in the schedule attached to the aforesaid communica-
tion, the Council does hereby determine to amend and revise the current
1970-71 Budget so as to reflect an increase of revenues by a like amount and
does further authorize an additional appropriation in such amount of
$139,042.07 to Account No. 975, District Court Construction Account, and
the City Clerk and Budget Director are hereby requested to do all things
necessary or incidental to fulfill the purpose of this resolution.
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A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS: None.
By Councilman Milligan, seconded by Councilman Bennett, it was
#632-71 RESOLVED, That National Bank of Detroit, Detroit, Michigan, be and
is hereby appointed Paying Agent for $570,000 City of Livonia, Wayne County,
Michigan, Motor Vehicle Highway Fund Bonds (1969 Series), dated July 1,
1969, as more fully described on attached Exhibit A.
BE IT FURTHER RESOLVED, That National Bank of Detroit shall be
paid, as compensation for its services, fees on the following basis :
Account Maintenance Fee - to be billed semiannually
$50.00 per annum.
For Payment of Interest Coupons
$0.14 per coupon.
For Payment of Coupon Bonds
At Maturity or on Redemption Prior to Maturity
When All Outstanding Bonds are to be Redeemed
$1.50 per bond.
On Redumption Prior to Maturity When Less Than
All Outstanding Bonds are to be Redeemed
$1.75 per bond.
Plus Out-Of-Pocket Expenses, (e.g., postage, registered mail,
surcharge, etc. )
BE IT FURTHER RESOLVED, That all statements of account and, unless
cremation has b4-en authorized by separate Agreement, all cancelled obli-
gations shall be forwarded by the Paying Agent to
City of Livonia
City Hall
33001 Five Mile Road
Livonia, Michigan 48154
Attention: City Clerk.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS: None.
IftyBy Councilman Ventura, seconded by Councilman Milligan, and unanimously
adopted, it was
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#633-71 RESOLVED, that having considered a communication dated July 8,
1971 from the Michigan Municipal League with respect to the annual meeting
of the members of the Michigan Municipal League to be conducted at Mackinac
Island from September 2, 1971 to September 4, 1971, the Council does
hereby determine to designate Edward H. McNamara as a voting delegate and
Official Representative of the City of Livonia at such annual meeting and
Robert F. Nash as the alternate voting delegate and Representative of the
City of Livonia in this regard; and the City Clerk is hereby requested to
forward a copy of this resolution to the Michigan Municipal League at its
headquarters, 1675 Green Road, Ann Arbor, Michigan 48105.
Councilman Ventura gave second reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 24 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO. 543,
AS AMENDED, KNOWN AND CITED AS THE "CITY
OF LIVONIA ZONING ORDINANCE," BY ADDING
SECTION 3. THERETO. RE: PETITION 70-6-1-26
FOR CHANGE OF ZONING FROM C-1 TO C-2.
A roil call vote was taken on the foregoing Ordinance with the following result:
AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
Councilman Milligan gave second reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 21 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO. 543,
AS AMENDED, KNOWN AND CITED AS THE "CITY
OF LIVONIA ZONING ORDINANCE," BY ADDING
SECTION 3. THERETO. RE: PET. 70-11-1-43
FOR CHANGE OF ZONING FROM R-2 TO R-7.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Raymond and Milligan.
NAYS: McCann, Bennett, Brown, Ventura and Nash.
The President declared the foregoing Ordinance NOT adopted.
By Councilman McCann, seconded by Councilman Brown, it was
12265
634-71 RESOLVED, that having considered the report and recommendation
dated January 4, 1971 from the City Planning Commission which sets forth
its resolution No. 12-136-70 in regard to Petition No. 70-11-1-43 submitted
by Richard E. Gabel and Edward C. Levy for a change of zoning on property
located north of Schoolcraft and west of Farmington Road in the Southwest
1/4 of Section 21, from R-2 to R-7, and the Council having conducted a
public hearing with regard to this matter on March 8, 1971, pursuant to
Council resolution No. 71-71, the Council does hereby concur in the
recommendation of the Planning Commission and the said Petition No.
70-11-1-43 is hereby denied for the same reasons as those set forth in the
action taken by the Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura and Nash.
NAYS: Raymond and Milligan.
The President declared the resolution adopted.
Councilman Milligan gave first reading to the following Ordinance :
AN ORDINANCE AMENDING SECTION 15 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO. 543,
AS AMENDED, KNOWN AND CITED AS THE "CITY OF
LIVONIA ZONING ORDINANCE," BY ADDING SECTION
3. THERETO. RE: PETITION 70-7-1-29 FOR
CHANGE OF ZONING FROM C-2 AND R-1 TO C-4.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
By Councilman Bennett, seconded by Councilman Ventura, it was
RESOLVED, that the Council does hereby determine to rescind
Council resolution No. 502-71 adopted on June 2, 1971, with regard to a
proposed amendment to the Zoning Ordinance and Map in connection with
Petition No. 70-7-1-29, as revised, submitted by the City Planning
Commission on its own motion for a change of zoning from C-2 and R-1 to
C-4 in Section 15.
A roll ca1l vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown and Ventura.
NAYS: Raymond, Milligan, McCann and Nash.
The President declared the resolution denied.
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At 8:50 p. m. , a recess was called, after which the meeting resumed with all
members present who were named as present in the original roll call of this meeting.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#635-71 RESOLVED, that having considered a communication from the City
Planning Commission dated June 21, 1971, which transmits its resolution
No. 5-142-71 adopted by the Commission on May 25, 1971 with regard to
Petition No. 71-4-8-5 requesting site plan approval for a medical-dental
office complex proposed to be located on Farmington Road between Six Mile
Road and Curtis in Section 10, the Council does hereby, pursuant to
provisions set forth in Section 9.02 of Ordinance No. 543, as amended,
concur in the recommendation of the Planning Commission and Petition No.
71-4-8-5 is hereby approved, such approval to be based upon the same
conditions as those that are set forth in the action of the City Planning
Commission.
By Councilman Bennett, seconded by Councilman Brown, it was
#636-71 RESOLVED, that having considered a communication from the
Superintendent of Operations, the Director of Public Works and the Budget
Director dated May 17, 1971, approved for submission by the Mayor, the
Council does hereby accept the bid of Frank L. Jursik Company for supplying
the Operations Division with two (2) Hercules Galion Model 400 F Body and
F5381 Hoist 5 to 6 Yard Dump Body and Hoist Combination for a unit price of
$1,397.00 each or a total price of $2,794.00, the same having been in fact
the lowest bid received for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS: None.
By Councilman Raymond, seconded by Councilman McCann, and unanimously
adopted, it was
#637-71 RESOLVED, that having considered a communication from the Chief
of the Fire Division dated June 25, 1971, approved by the Director of Public
Safety-Fire and the Budget Director and approved for submission by the
Mayor, the Council does hereby authorize the Fire Division and the Budget
Director to do all things necessary for the purpose of advertising in order
to obtain bids for the purchase of 3,000 feet of 1-1/2 inch double jacket
fire hose in accordance with the provisions set forth in the Livonia Code
of Ordinances.
By Councilman Raymond, seconded by Councilman McCann, and unanimously
adopted, it was
12267
#638-71 RESOLVED, that having considered a communication from the Chief
of the Fire Division dated June 22, 1971, approved by the Director of Public
Safety-Fire and the Budget Director and approved for submission by the
Mayor, the Council does hereby authorize the Fire Division and the Budget
Director to do all things necessary for the purpose of advertising in order
to obtain bids for the purchase of two Mobile Radios in accordance with
the provisions set forth in the Livonia Code of Ordinances.
By Councilman Brown, seconded by Councilman Bennett, and unanimously
adopted, it was
#639-71 RESOLVED, that the Council having considered a communication dated
June 21, 1971 from the City Engineer, submitted pursuant to C.uncil resolu-
tion No. 404-71, approved by the Director of Public Works and approved for
submission by the Mayor, wherein the City Engineer has ascertained the
assessed valuation of all property affected by the proposed installation of
ornamental street lighting with underground wiring in Dover Courts Subdivi-
sion No. 2 in the Southwest 1/2 of Section 31, T. 1 S., R. 9 E., City of
Livonia, Wayne County, Michigan, and such report having indicated the number
of parcels which show tax delinquencies, the number of parcels owned by
public authorities, the number of parcels which are vacant, and to prepare
and cause to be prepared, plans and specifications therefor and an estimate
for the cost thereof, and to file the same with the City Clerk together with
his recommendation as to what proportion of the cost should be paid by
special assessment and what part, if any, should be a general obligation
of the City, the number of installments in which assessments may be paid
and the lands which should be included in the proposed special assessment
district, and it appearing to the Council that all of such information,
estimate, plans and specifications and recommendations have been properly
filed by the City Engineer with the City Clerk under date of June 21, 1971
and that there has been a full compliance with all of the provisions of
Section 2-506 of the Livonia Code of Ordinances, as amended, the Council
does hereby set Monday, August 23, 1971 at 8:00 p. m., as the date and time
for a Public Hearing on the NECESSITY for such proposed improvement, which
public hearing shall be held before the Council in the City Hall, 33001
Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia
Code of Ordinances, as amended, and the City Clerk is hereby authorized to
give notice and publication of such hearing as is required by Section 2-507
of said Code.
By Councilman Bennett, seconded by Councilman Brown, it was
#640-71 RESOLVED, that the City Engineer having filed with the City Clerk
a statement dated August 17, 1970 and in accordance with the provisions of
Section 2-5C6 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as
amended, containing a report with regard to the installations of sidewalks
on Merriman Road (Five Mile to Seven Mile Roads), Puritan Avenue (Merriman
to Henry Ruff - South Side) and Grove Drive (Merriman to Nottingham Woods -
North Side) in Sections 10, 11, 14 and 15, T. 1 S., R. 9 E., City of Livonia,
12268
Wayne County, Michigan, and a public hearing having been held thereon on
June 14, 1971 pursuant to Council resolution No. 381-71, after due notice
as required by Title 2, Chapter 5 of said Code, as amended, and after a
careful consideration having been given to all such matters including the
various objections, comments and observations of individuals in attendance
at such public hearing, the Council does hereby determine to proceed no
further with the Special Assessment Proceeding heretofore commenced for the
proposed improvement, it being the determination of the Council that there
is no necessity for this project at this time.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Bennett, Brown and Ventura.
NAYS: Milligan, McCann and Nash.
The President declared the resolution adopted.
*Councilman Raymond was excused at 9:10 p. m.
By Councilman Ventura, seconded by Councilman Milligan, it was
##641-71 RESOLVED, that having considered a communication from the Autry
Electric Company dated June 7, 1971, wherein the aforesaid has requested
that the City provide storm drainage to service property described as
Lot No. 822b located in Section 28, City of Livonia, Wayne County, Michigan,
the Council does hereby refer the same to the City Engineer for his report
and recommendation.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS: None.
The President declared the resolution adopted.
*Councilman Raymond returned at 9:11 p. m.
By Councilman Brown, seconded by Councilman McCann, and unanimously
adopted, it was
##642-71 RESOLVED, that having considered a communication from the Director
of Industrial Relations of Plastomer Corporation dated June 18, 1971,
wherein it is stated that a potentially dangerous traffic situation exists
at the corner of Newburgh and Amrhein Roads, the Council does hereby refer
the same to the Traffic Commission and the Police Division for their
respective reports and recommendations.
By Councilman Bennett, seconded by Councilman Ventura, it was
12269
#643-71 RESOLVED, that having considered a communication from the City
Engineer dated June 22, 1971, approved by the City Attorney and the
Director of Public Works and approved for submission by the Mayor, with
respect to an agreement between the City of Livonia and the Board of Wayne
County Road Commissioners for the widening of the Middlebelt Road bridge
over the Bell Creek, the Council does hereby amend Council Resolution No.
514-71, dated June 2, 1971, so as to authorize the Mayor and the City Clerk
to enter into said agreement at a revised estimated cost of $26,800.00 of
which the City's share would be $10,700.00 which amount represents 40% of
the total estimated cost.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS : None.
By Councilman Ventura, seconded by Councilman Milligan, it was
#644-71 RESOLVED, that having considered the report and recommendation
dated March 25, 1971 from the City Planning Commission which sets forth its
resolution No. 3-67-71 in regard to Petition No. 71-2-1-8 submitted by the
City Planning Commission on its own motion for a change of zoning on
property located on the northeast corner of Schoolcraft and Middlebelt
Roads in the Southwest 1/4 of Section 24, from C-2 to P. 0., and the Council
having conducted a public hearing with regard to this matter on June 28,
1971 pursuant to Council resolution No. 420-71, the Council does hereby reject
the recommendation of the Planning Commission and the said Petition is
hereby denied for the following reasons :
1. The present zoning is logical zoning and should be
maintained,
2. That the present zoning is not in conflict with the
Master Plan.
By Councilman Raymond, seconded by Councilman Bennett, it was
RESOLVED, that having considered the report and recommendation
dated March 25, 1971 from the City Planning Commission which sets forth its
resolution No. 3-67-71 in regard to Petition No. 71-2-1-8 submitted by the
City Planning Commission on its own motion for a change of zoning on property
located on the northeast corner of Schoolcraft and Middlebelt Roads in the
Southwest 1/4 of Section 24, from C-2 to P. 0., and the Council having
conducted a public hearing with regard to this matter on June 28, 1971
pursuant to Council resolution No. 42C-71, the Council does hereby determine
to table this matter pending receipt from the Planning Commission of its
report and recommendation pertaining to the placing of specific height
limitations in a P. 0. Zoning Classification.
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A roll call vote was taken on the tabling resolution with the following result:
AYES: Raymond, Bennett and Brown.
NAYS: Milligan, McCann, Ventura and Nash.
The President declared the tabling resolution denied.
A roll call vote was taken on the original resolution with the following result
AYES: Milligan, McCann, Brown, Ventura and Nash.
NAYS: Raymond and Bennett.
The President declared the resolution adopted.
By Councilman Bennett, seconded by Councilman Milligan, it was
RESOLVED, that having considered the report and recommendation
dated May 7, 1971 from the City Planning Commission which sets forth its
resolution No. 4-94-71 in regard to Petition No. 71-3-1-13 submitted by
Leonard E. and Iris F. Hunter for a change of zoning on property located on
the southwest corner of Middlebelt and Munger in the Northeast 1/4 of
Section 14, from RUF to C-1, and the Council having conducted a public
hearing with regard to this matter on June 28, 1971, pursuant to Council
resolution No. 473-71, the Council does hereby determine to table this
matter pending receipt of a report and recommendation from the Legislative
Committee concerning site plan review and approval for property similarly
situated.
A roll call vote was taken on the tabling resolution with the following result•
AYES: Milligan and Bennett.
NAYS: Raymond, McCann, Brown, Ventura and Nash.
The President declared the tabling resolution denied.
By Councilman Ventura, seconded by Councilman Raymond, it was
#645-71 RESOLVED, that having considered the report and recommendation
dated May 7, 1971 from the City Planning Commission which sets forth its
resolution No. 4-94-71 in regard to Petition No. 71-3-1-13 submitted by
Leonard E. and Iris F. Hunter for a change of zoning on property located on
the southwest corner of Middlebelt and Munger in the Northeast 1/4 of
Section 14, from RUF to C-1, and the Council having conducted a public
hearing with regard to this matter on June 28, 1971, pursuant to Council
resolution No. 473-71, the Council does hereby reject the recommendation of
the Planning Commission and the said Petition No. 71-3-1-13 is hereby
approved and granted, 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. 543, as amended, in accordance with this
resolution.
12271
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, McCann, Brown, Ventura and Nash.
NAYS: Bennett.
The President declared the resolution adopted.
By Councilman Milligan, seconded by Councilman Raymond, and unanimously
adopted, it was
##646-71 RESOLVED, that having considered a communication from the Depart-
ment of Law dated June 22, 1971, submitted pursuant to Council resolution
No. 544-71 which submits a proposed amendment to the Zoning Ordinance, No.
543, as amended, which wouldpurport to amend Section 11.02 by deleting
therefrom paragraph (b) as previously provided therein and by further amend-
ing Section 11.03 by revising paragraph (g) and by adding a new paragraph
(p), the Council does hereby refer the same to the Legislative Committee
for its report and recommendation.
By Councilman McCann, seconded by Councilman Bennett, it was
##647-71 RESOLVED, that having considered a communication from the Personnel
Director dated June 10, 1971, approved by the Budget Director and approved
Imo for submission by the Mayor, which transmits a resolution adopted by the
Civil Service Commission on June 1, 1971, wherein the Commission did
recommend that effective May 29, 1971 the following salary adjustments
should be provided in the rates for certain supervisory classifications in
the Department of Parks and Recreation as follows :
Recreation Supervisors
Adjustments Proposed to be effective May 29, 1971
(Weekly rates based on 35 hours unless otherwise specified. )
Classification & Season New Rate
Supervisor of Athletics (1st) $136/wk. $3.40/hr.
(2nd) $140/wk. $3.50/hr.
(3rd) $144/wk. $3.60/hr.
(40-hour work week)
Assistant Supervisor of Athletics (1st) $105/wk. $3.00/hr.
Supervisor of Playgrounds (2nd) 5108.50/wk$3.10/hr.
Supervisor of Arts & Crafts (3rd) S112/wk. $3.20/hr.
Supervisor of Mentally Handicapped
(Proposed pay ranges is for all four classifications)
Swimming Program
Adjustments Proposed to be effective with the opening
of the City Pools - for the 1971 Season
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Classification & Season New Rate
Pool Manager (1st) $124/wk. $3.10/hr.
(2nd) $129/wk.$3.20/hr.
(3rd) $132/wk.$3.30/hr.
(40-hour work week)
Swimming Instructor (1st) $2.80/hr.
(2nd) $2.90/hr.
(3rd) $3.90/hr.
(Also acts as Assistant Pool Manager)
Ice Rink Program
Adjustments Proposed to be effective with the
opening of City Ice Rinks - for the 1971-72 Season
Rink Manager (1st) $3.10/hr.
(2nd) $3.20/hr
(3rd) $3.30/hr.
the Council does hereby determine to concur in and approve of the aforesaid
action.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman McCann, it was
#648-71 WHEREAS, it is necessary to locate, establish, construct and
enclose a branch, said branch to be known as Livonia Drain No. 37, within
the drainage district of an existing County Drain, known as the Livonia
Drain #7, to be located entirely within the limits of the City of Livonia,
the location of said branch being as follows:
A closed branch starting at a point located approximately 1,660
feet south and 1,845 feet east of the N.W. corner of Section 22
T. 1 S., R. 9 E., City of Livonia and extending westerly 800 feet;
thence northwesterly 750 feet, thence northerly 650 feet to a
point, thence easterly 370 feet from said point, also westerly
190 feet from said point.
Also a closed branch starting at a point located approximately 660
feet south and 1955 feet east of the N. W. corner ofSection 22,
T. 1 S., R. 9 E., City of Livonia and extending westerly 320 feet
to a point, thence 320 feet northerly from said point, also west-
imp erly 500 feet from said point.
AND WHEREAS, in the opinion of the City Council, the location,
establishing, constructing and enclosing of said branch is necessary for the
public health of the City of Livonia, and the entire cost thereof, except
that part representing benefits to State and County highways, should be
assessed against the City of Livonia for public Health;
12273
AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956,
as amended, (the Drain Code of 1956) provides a feasible method of financ-
ing the cost of said branch where the same is necessary for the public
health of the City and where the entire cost of the same is to be assessed
wholly against public corporations, as defined in said Chapter 20,
AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan,
1965, as amended, provides as follows:
"Sec. 486. The terms of this chapter shall be applicable to any
county drain located, or proposed to be located entirely within
the limits of a single city, village or township, if such public
corporation shall consent thereto by resolution adopted by its
governing body. In such case any petition required to be filed
hereunder shall be sufficient if signed by such public corporation
only".
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council, for and on behalf of the City of Livonia,
does hereby consent to the making of the provisions of Chapter 20 of Act
40, Public Acts of Michigan, 1956, as amended, applicable to the location,
establishing, constructing and enclosing of the branch set forth in the
preamble hereof, and does hereby consent to the location, establishing,
constructing and enclosing of the same pursuant to said Chapter 20 of Act
40, Public Acts of Michigan, 1956, as amended.
2. The proposed branch set forth in the preamble hereof being
necessary for the public health of the City of Livonia, the Mayor and the
City Clerk are hereby authorized and directed to sign, for and on behalf
of the City of Livonia, a petition praying for the location, establishing,
constructing and enclosing of the same, as set forth in the preamble
hereof, pursuant to Chapter 20 of Act 40, public Acts of Michigan, 1956, as
amended, which said petition, when signed, shall be filed with the County
Drain Commissioner of the County of Wayne, Michigan, together with a
certified copy of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS: None.
By Councilman Brown, seconded by Councilman Ventura, and unanimously
adopted, it was
##649-71 RESOLVED, that the Council does hereby determine to refer the
proposed policy pertaining to the installation, use and maintenance of
water supply systems on boulevard islands, to the study session to be
conducted on July 19, 1971.
12274
By Councilman Milligan, seconded by Councilman McCann, it was
#650-71 RESOLVED, that having considered a communication from the Parks
and Recreation Commission dated June 16, 1971, approved by the Budget
Director and approved for submission by the Mayor, regarding renewal of the
City's contract with Recreation Dance, Inc., for an additional two-year
period from June 1, 1971 through June 1, 1973, inclusive, which agreement
is in connection with the conduct of a recreation music and dance program
in the City of Livonia, and which it is proposed would be on the same
terms and conditions as are contained in the present agreement, the Council
does hereby approve of the proposed agreement by and between the City and
the aforesaid party in the manner herein submitted, and does hereby
authorize the Mayor and City Clerk to affix their signatures to such agree-
ment for and in behalf of the City of Livonia and to do all other things
necessary or incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES : Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS : None.
By Councilman Ventura, seconded by Councilman McCann, it was
#651-71 WHEREAS, under Section 131C of Act 2C6, Public Acts of 1893, as
amended, the owners are permitted to further redeem properties of which
the State becomes the owner on May 4, 1971.
WHEREAS, the municipalities in which the properties are located
must approve the application of the owner to pay the 1970 and prior year's
taxes, and,
WHEREAS, the convenience of the taxpaying public demands that the
information be obtained and arrangements to pay said taxes be accomplished
in one office,
NOW, THEREFORE, BE IT RESOLVED:
1. That, Louis H. Funk, Wayne County Treasurer, is, by this
resolution, authorized to act as representative and agent of
the City of Livonia for the purpose of approving the
application of the property owners to pay the 1970 and prior
years' taxes and accept the necessary monies, the same to be
forwarded to Lansing, Michigan by him.
2. That the County Treasurer is further authorized by:
City of Livonia to request of the Department of Natural
Resources, Lands Division, the withholding of properties from
the auction sale until November 1, 1971, provided that
sufficient monies are deposited with County Treasurer to
effect redemption.
12275
3. That the County Treasurer is to periodically report :
City of Livonia the properties withheld by him and redeemed.
4. That a copy of this resolution be mailed to the Department of
Natural Resources, Lands Division, Lansing, Michigan.
A roll call vote was taken on the foregoing resolution with the following result:
AYES : Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS: None.
By Councilman Raymond, seconded by Councilman Ventura, it was
#652-71 RESOLVED, that having considered a communication from the City
Planning Commission dated July 1, 1971, which transmits its resolution No.
6-190-71 adopted by the Commission on June 29, 1971 with regard to Petition
No. 71-6-8-10 requesting site plan approval of all plans in connection with
expansion and renovation of existing building located on the west side of
Farmington Road south of Five Mile Road in the Northeast 1/4 of Section 21,
the Council does hereby, pursuant to provisions set forth in Section 18.47
of Ordinance No. 543, as amended, concur in the recommendation of the
Planning Commission and Petition No. 71-6-8-10 is hereby approved, such
approval made subject to and conditioned upon the same conditions as those
that are set forth in the action of the City Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS: None.
By Councilman Bennett, seconded by Councilman Milligan, it was
#653-71 WHEREAS, property described as:
The North 10 acres of the West 1/2 of the East 3/4 of the
West 1/2 of the S. W. 1/4 of Section 4, T. 1 S., R. 9 E. ,
City of Livonia, 'Tayne County, Michigan, containing 10.05
acres. (Item 04CC)
and
The South 10 acres of the North 20 acres of the West 1/2
of the East 3/4 of West 1/2 of S. W. 1/4 of Section 4, T. 1 S.,
R. 9 E. , City of Livonia, Wayne County, Michigan, containing
10.04 acres. (04DD)
and
low The South 10 acres of the West 1/2 of the East 3/4 of
the West 1/2 of the S. W. 1/4 of Section 4, T. 1 S. ,
R. 9 E., City of Livonia, Wayne County, Michigan,
containing 10.03 acres. (Item 04EE)
12276
L are designated as Park Site E-24, is included in the Master Plan for Parks
for the City of Livonia; and
WHEREAS, the United States of America is presently considering
the City of Livonia's application for federal assistance, designated
Project OSA-148, which application includes in part the above described
real property for park purposes; and
WHEREAS, it is determined upon consideration of two competent
independent appraisals that the fair market value of this real property is
$150,000.00,
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Council of the City of Livonia hereby
authorizes the Department of Law to acquire the
aforesaid property for a total consideration in the
amount of $150,000.00 which acquisition shall be
on the basis of a purchase-money mortgage with a
10-year term duration, with a down payment of
$40,000.00 at the time of closing, and interest at
the rate of 6% per annum on the unpaid balance,,and
which mortgage shall be payable semi-annually (or
annually) on the unpaid balance in equal installments;
and
L2. The City Council does hereby authorize the expenditure
of a sum not to exceed $700.00 for the payment of the
1970 city, county, county drain and school taxes; and
the Council does hereby further authorize the expenditure
of a sum not to exceed $770.00 to cover the cost of the
title insurance policy on the subject property; and
3. The City Council does hereby authorize the advance of
the aforesaid sums from the $4,400,000.00 Parks and
Recreational General Obligation Bond Issue with the
provision that any federal assistance obtained from the
Department of Housing and Urban Development shall be
reimbursed to the Parks and Recreation General Obligation
Bond Issue; and
4. The Mayor and the City Clerk are hereby authorized to
execute in behalf of the City of Livonia the said purchase-
money mortgage agreement; and
5. The Mayor, the City Clerk and the City Treasurer are
hereby requested to do all things necessary or incidental
to the full performance of this resolution.
lb. A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: Ventura.
The President declared the resolution adopted.
12277
By Councilman Bennett, seconded by Councilman Milligan, it was
##654-71 WHEREAS, property described as:
The West 1/4 of the West 1/2 of the S. W. 1/4 of Section 4,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan,
containing 20 acres, more or less (Item No. 04BB)
and
The East 10.0 acres of the East 1/2 of the East 1/2 of the
S. E. 1/4 of Section 5, T. 1 S. , R. 9 E. , City of Livonia,
Wayne County, Michigan, containing 10 acres (Item No. 05K2)
and designated as Park Site E-25, is included in the Master Plan for Parks
for the City of Livonia, and
WHEREAS, the United States of America is presently considering
the City of Livonia's application for federal assistance, designated
Project OSA-148, which application includes in part the above described
real property for park purposes; and
WHEREAS, it is determined upon consideration of two competent
independent appraisals that the fair market value of this real property is
$150,000.00,
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Council of the City of Livonia hereby
authorizes the Department of Law to acquire the
aforesaid property for a total consideration in the
amount of $150,000.00 which acquisition shall be
on the basis of a purchase-money mortgage with a
10-year term duration, with a down payment of
540,000.00 at the time of closing, and interest at
the rate of 6% per annum on the unpaid balance, and
which mortgage shall be payable semi-annually (or
annually) on the unpaid balance in equal installments;
and
2. The City Council does hereby authorize the expenditure
of a sum not to exceed $1,100.00 for the payment of the
1970 city, county, county drain and school taxes, and the
Council does hereby further authorize the expenditure of
a sum not to exceed $770.00 to cover the cost of the title
insurance policy on the subject property; and
3. The City Council does hereby authorize the advance of
the aforesaid sums from the 54,400,000.00 Parks and
Recreational General Obligation Bond Issue with the pro-
vision that any federal assistance obtained from the
Department of Housing and Urban Development shall
be reimbursed to the Parks and Recreation General
Obligation Bcrd Issue; and
12278
4. The Mayor and the City Clerk are hereby authorized to
execute in behalf of the City of Livonia the said
purchase-money mortgage agreement; and
5. The Mayor, the City Clerk and the City Treasurer are
hereby requested 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: Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: Ventura.
The President declared the resolution adopted.
By Councilman Milligan, seconded by Councilman Ventura, it was
#655-71 RESOLVED, that having considered a communication dated May 5, 1971
from the City Planning Commission which sets forth its resolution No.
4-112-71 in regard to Petition No. 71-3-2-12 as submitted by Gary Goldberg
requesting permission to construct an International House of Pancakes
restaurant as a waiver use on property located on the east side of
Middlebelt Road between St. Martins and Bretton Road in the Southwest 1/4
of Section 1, which property is zoned C-2, and the Council having conducted
a public hearing with regard to this matter on June 28, 1971 pursuant to
Council resolution No. 453-71, the Council does hereby reject the recom-
mendation of the City Planning Commission and said Petition No. 71-3-2-12
is hereby approved and granted, the Council having determined as a matter
of fact that the petitioner has complied with the requirements of the C-2
zoning classification and the standards as set forth in Section 19.06 of
the Zoning Ordinance.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, Ventura and Nash.
NAYS: McCann, Bennett and Brown.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Brown, it was
#656-71 RESOLVED, that having considered a communication dated May 5,
1971 from the City Planning Commission which sets forth its resolution No.
4-95-71 in regard to Petition No. 71-3-2-7 as submitted by Boron Oil
Company requesting permission to construct and operate a service station as
a waiver use on property located on the southwest corner of Seven Mile
Road and Farmington Road in the Northeast 1/4 of Section 9, which property
is zoned C-2, and the Council having conducted a public hearing with regard
to this matter on June 28, 1971, pursuant to Council resolution No.454-71,
12279
the Council does hereby concur in the recommendation made by the City
Planning Commission and Petition No. 71-3-2-7 is hereby denied, such action
to be based upon the same conditions as are set forth in the recommendation
of the Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS : Ventura.
The President declared the resolution adopted.
By Councilman Bennett, seconded by Councilman Brown, it was
#657-71 RESOLVED, that having considered the report and recommendation
dated April 12, 1971 from the City Planning Commission which sets forth
its resolution No. 3-64-71 in regard to Petition No. 71-2-1-11 submitted
by the City Planning Commission on its own motion for a change of zoning
on property located on the east side of Middlebelt Road, north of Pickford
Avenue in the Northwest 1/4 of Section 12, from C-2 to RUF, and the Council
having conducted a public hearing with regard to this matter on June 28,
1971, pursuant to Council resolution No. 418-71, the Council does hereby
concur with the recommendation of the Planning Commission and the said
Petition No. 71-2-1-11 is hereby approved and granted; 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 and ordinance amending Ordinance No. 543, as
amended, in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES : McCann, Bennett, Brown and Nash.
NAYS: Raymond, Milligan and Ventura.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Bennett, and unanimously
adopted, it was
#658-71 RESOLVED, that having considered the report and recommendation
dated April 14, 1971 from the City Planning Commission which transmits
its resolution No. 3-77-71 in regard to Petition No. 70-10-6-7 submitted
by the City Planning Commission on its own motion to amend Section 9.03,
10.03 and 11.02 of the Zoning Ordinance and add Section 8.08 so as to
provide for Day Care Nurseries and the Council having conducted a public
hearing with regard to this matter on June 28, 1971, the Council does hereby
determine to refer this matter to the Legislative Committee for its report
and recommendation.
By Councilman Milligan, seconded by Councilman Raymond, it was
12280
#659-71 RESOLVED, that having considered a communication dated June 26,
1971 from the Department of Law transmitting for Council acceptance certain
assignments of interests (pursuant to CR-74-70 and 75-70), said assignments
being more particularly described as •
Eight (8) separate Assignment of Grantee's Interest in Easement,
each executed on the 15th day of June, 1970 by Henry V. Herrick,
Chairman, Livonia Drain No. 10 Drainage District, assigning to
the City the following:
1. A certain easement dated 5th Day of December,
A.D., 1962, and executed between Kahle M. Bickel
and Ione A. Bickel, his wife, as Grantors, and the
Livonia Drain No. 10 Drainage District as Grantees
and registered in Liber 14927, Page 650-652, Wayne
County Records, Wayne County, Michigan.
2. A certain easement dated 5th Day of December, A. D.,
1962, and executed between Kahle M. Bickel & Ione A.,
his wife as Grantors, and the Livonia Drain No. 10
Drainage District as Grantees and registered in Liber
14927, Page 653-655, Wayne County Records, Wayne
County, Michigan.
3. A certain easement dated 28th day of November, A. D.,
1962, and executed between Alex A. Ditner and
Hattie M., his wife as Grantors, and the Livonia
Drain No. 10 Drainage District as Grantees and
registered in Liber 14927, Page 644-646, Wayne
County Records, Wayne County, Michigan.
4. A certain easement dated 7th Day of December, A.D.,
1962, and executed between Irene Dybalski as Grantor,
and the Livonia Drain No. 10 Drainage District as
Grantees and registered in Liber 14927, Page 656-658,
Wayne County Records, Wayne County, Michigan.
5. A certain easement dated 5th Day of December, A.D.,
1962, and executed between Hannah Schultz, a married
woman as Grantor, and the Livonia Drain No. 10
Drainage District as Grantee and registered in Liber
14927, Page 647-649, Wayne County Records,
Wayne County, Michigan.
6. A certain easement dated 7th Day of December, A.D.,
1962, and executed between George Shollack and
Elane, his wife, as Grantors, and the Livonia Drain
No. 10 Drainage District as Grantee, and registered
in Liber 14927, Page 641-643, Wayne County Records,
Wayne County, Michigan.
12281
7. A certain easement dated. 12th Day of November, A. D.,
1962, and executed between Trinity Baptist Church, a
Mich. Ecclesiastical Corp., as Grantor, and the Livonia
Drain No. 10 Drainage District as Grantee, and registered
in Liber 14914, Page 752-754, Wayne County Records,
Wayne County, Michigan.
8. A certain easement dated 12th Day of November, A.D.,
1962, and executed between Rev. Fr. F. A. Wolber for
Archbishop John F. Dearden, 29015 Jamison, Livonia,
Michigan, as Grantor, and the Livonia Drain No. 10
Drainage District as Grantee and registered in Liber
14914, Page 749-751, Wayne County Records, Wayne
County, Michigan.
and two (2) separate Assignment of Grantee's Interest in Easement each
executed on the 7th day of June, 1971 by Henry V. Herrick, Chairman,
Livonia Drain No. 14 Drainage District, assigning to the City:
1. A certain easement dated 2nd Day of April, 1964 and
executed between Georges Faurie & Thelma H. Faurie,
his wife, 16125 Merriman Rd., Livonia, Michigan, as
Grantors, and the Livonia Drain No. 14 Drainage District
as Grantee and registered in Liber 15313, Page 866-868,
Wayne County Records, Wayne County, Michigan.
2. A certain easement dated 16th Day of March, A.D., 1964,
and executed between St. Andrew's Episcopal Church, as
Grantor, and the Livonia Drain No. 14 Drainage
District as Grantee, and registered in Liber 15313,
Page 863-865, Wayne County Records, Wayne County,
Michigan.
the Council does hereby for and in behalf of the City of Livonia accept
the aforesaid Assignments and the City Clerk is herein requested to have the
same recorded in the office of the Wayne County Register of Deeds and to do
all other things necessary or incidental to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result•
AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS: None.
By Councilman Milligan, seconded by Councilman Raymond, it was
4660-71 RESOLVED, that having considered a communication dated June 29,
1971 from the Department of Law, transmitting for acceptance a Grant of
Easement dated May 3, 1971 executed by the Livonia Public Schools School
District by its president William H. Craft and its secretary Geraldine W.
Joyner, conveying:
12282
That part of the S. E. 1/4 of Section 34, described
as beginning at a point on the S. line of West Chicago
Road distant S 1° 08' 54" W, 43 feet and N. 88° 36' 13"
W, 94 feet from the center 1/4 corner of Section 34
and proceeding thence N. 88° 36' 13" W, along said
S. line 6 feet, thence S. 1° 08' 54" W, 1,000 feet,
thence N. 88° 36' 13" w, 6 feet; thence S 1° 08' 54"
W, 110 feet, thence S 88° 36' 13" E, 12 feet; thence
N 1° 08' 54" E, 1,110 feet to the point of beginning.
(Part of Bureau of Taxation Parcel 34Hlala4, I2a1)
(Purpose: Livonia Drain No. 1 Extension)
the Council does hereby for and in behalf of the City of Livonia accept the
Grant of Easement and the City Clerk is herein requested to have the same
recorded in the office of the Wayne County Register of Deeds and to do all
other things necessary or incidental to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS: None.
By Councilman Milligan, seconded by Councilman Raymond, it was
#661-71 RESOLVED, that having considered a communication dated June 22,
1971 from the Department of Law transmitting for acceptance two Grants of
Easements secured in connection with the construction of Livonia Drain No.
2 Branches, which Grants are more particularly described as :
Grant of Easement dated January 25, 1971 executed by Albert H.
Birdsall and Marjorie P. Birdsall, his wife, conveying•
That part of the below described parcel (24H1)
described as beginning at a point on the North property line
of said parcel distant S 89° 49' W, 30.00 ft. from the
centerline of Cavell Avenue (58 ft. wide) and proceeding
thence S 89° 49' W, 150.00 ft., thence S. 0° 19' 30" E,
6.00 ft., thence N 89° 49' E, 150.00 ft., thence N. 0° 19'
30" W, 6.00 ft. to the point of beginning.
Parcel Description•
The North 85 ft. of that part of the N. E. 1/4 of
Section 24, described as beginning at a point distant
S 89° 49' w, 658.0 ft. and S. 0° 19' 30" E, 990.0
ft. from the N. E. corner of Section 24 and pro-
ceeding thence S. 0° 19' 30" E, 165.0 ft. ; thence
S 89° 49' W, 661.40 ft. , thence N. 0° 24' 15" W,
165.0 ft., thence N. 89° 49' E, 661.63 ft. to the
lbw point of beginning. (Bureau of Taxation Parcel 24H1)
and
12283
Grant of Easement dated January 5, 1971 executed by
George W. Jarvenpaa and Bertha S. Jarvenpaa, his wife;
and Edward U. Jarvenpaa, a single man, conveying:
That part of the below described parcel 24G1, described
as beginning at the southeast corner of said parcel and
proceeding thence S 89° 49' W. along the south property
line, 150.00 ft., thence N. 0° 19' 30" W, 6.00 ft., thence
N. 89° 49' E., 150.00 ft. to the west line of Cavell Ave.
(58 ft. wide), thence S. 0° 19' 30" E, 6.00 ft. to the point
of beginning.
Parcel Description.
That part of the N. E. 1/4 of Sec. 24, described as
beginning at a point distant S 89° 49' W, 658.0 ft. and
S. 0° 19' 30" E, 825.0 ft. from the N. E. corner of
Sec. 24 and proceeding thence S. 0° 19' 30" E, 165.0
ft., thence S 89° 49' W, 661.63 ft.; thence N. 0° 24' 15"
w, 165.0 ft. , thence N 89° 49' E, 661.86 ft. to the
point of beginning, except the East 30 ft. thereof.
(Bureau of Taxation Parcel 24G1)
the Council does hereby for and in behalf of the City of Livonia accept the
same and the City Clerk is herein requested to have the same recorded in
the office of the Wayne County Register of Deeds and to do all other things
necessary or incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman McCann, and unanimously
adopted, it was
#662-71 RESOLVED, that the Council having considered a communication dated
May 18, 1971 from the City Engineer, approved for submission by the Mayor,
submitted pursuant to the requirements set forth in Section 9-116(m) of
the Livonia Code of Ordinances, as amended, wherein it is required that
ornamental street lighting with underground wiring shall be provided in all
subdivisions in conformity with the standards prescribed, and the City
Engineer having ascertained the assessed valuation of all property affected
by the proposed improvement with regard to Judson Gardens Subdivision No.
4 in Section 17, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan,
and such report having indicated the number of parcels which show tax
delinquencies, the number of parcels owned by public authorities, the
number of parcels which are vacant, and to prepare and cause to be prepared,
plans and specifications therefor and an estimate for the cost thereof,
and to file the same with the City Clerk together with his recommendation
as to what proportion of the cost should be paid by special assessment and
12284
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 specifica-
tions and recommendations have been properly filed by the City Engineer
with the City Clerk under date of May 18, 1971 and that there has been
a full compliance with all of the provisions of Section 2-506 of the Livonia
Code of Ordinances, as amended, the Council does hereby set Monday,
August 23, 1971 at 8:00 P. M. as the date and time for a Public Hearing on
the NECESSITY for such proposed improvement, which public hearing shall be
held before the Council in the City Hall, 33001 Five Mile Road, Livonia,
Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as
amended, and the City Clerk is hereby authorized to give notice and
publication of such hearing as is required by Section 2-507 of said Code.
By Councilman Bennett, seconded by Councilman Brown, and unanimously
adopted, it was
#663-71 RESOLVED, that the Council having considered a communication
dated April 23, 1971 from the City Engineer, approved by the Director of
Public Works and approved for submission by the Mayor, wherein the City
Engineer has ascertained the assessed valuation of all property affected
by the proposed installation of paving on Vassar Avenue, Middlebelt Road
to Parkville Avenue in Section 1, T. 1 S., R. 9 E. , City of Livonia, Wayne
Iwo County, Michigan, and such report having indicated the number of parcels
which show tax delinquencies, the number of parcels owned by public
authorities, the number of parcels which are vacant, and to prepare and
cause to be prepared plans and specifications therefor and an estimate
for the cost thereof, and to file the same with the City Clerk together
with his recommendation as to what proportion of the cost should be paid
by special assessment and what part, if any, should be a general obligation
of the City, the number of installments in which assessments may be paid
and the lands which should be included in the proposed special assessment
district, and it appearing to the Council that all of such information,
estimate, plans and specifications and recommendations have been properly
filed by the City Engineer with the City Clerk under date of April 23,
1971 and that there has been a full compliance with all of the provisions
of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council
does hereby set Monday, August 23, 1971 at 8:00 P. M. as the date and time
for a Public Hearing on the NECESSITY for such proposed improvement, which
Public Hearing shall be held before the Council in the City Hall, 33001
Five Mile Road, Livonia, Michigan, pursuantto Section 2-507 of said Livonia
Code of Ordinances, as amended, and the City Clerk is hereby authorized to
give notice and publication of such hearing as is required by Section
2-507 of said Code.
By Councilman McCann, seconded by Councilman Ventura, it was
#664-71 RESOLVED, that having considered a communication from the City
Engineer dated June 15, 1971, approved by the Director of Public Works and
approved for submission by the Mayor, the Council does hereby authorize
12285
and request the City Clerk to make application to the Detroit Edison Company
on forms provided by such company for the installation of Street Lights of
suitable lumen strength (400 watt, mercury vapor, ornamental lights) to
be installed on the Industrial Road in Section 28 at the Chesapeake &
Ohio Spur Crossing (1,500 feet East of Levan Road) in the City of Livonia,
Michigan, it being the determination of the Council that this location
required lighting in order to protect the public safety of residents of
the community.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Brown, it was
#665-71 RESOLVED, that having considered a communication from the City
Engineer dated June 18, 1971, approved by the Director of Public Works
and approved for submission by the Mayor, the Council does hereby authorize
and request the City Clerk to make application to the Detroit Edison
Company on forms provided by such Company for the installation of street
lights on Five Mile Road between Merriman Road and Levan Road in the City
of Livonia, Michigan, it being the determination of the Council that street
lights are required in this area in order to protect the public safety of
residents of the community.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS: None.
The communication dated June 28, 1971 from the Department of Law, relative
to Wayne County Circuit Court Civil Action #176535 (Edward S. Cassidy, Marguerite E.
Cassidy and Cronk and Tocco, Inc., a Michigan corporation vs City of Livonia) was
received and filed for the information of the Council.
By Councilman Raymond, seconded by Councilman Ventura, and unanimously
adopted, it was
#666-71 RESOLVED, that having considered a communication dated June 21,
1971 from the City Planning Commission which transmits its resolution No.
5-155-71 adopted by the Commission on May 25, 1971 with regard to Petition
No. 71-3-2-9 submitted by the American Oil Company requesting a waiver use
permit to build one additional service stall and upgrade exterior of
existing service station located on the east side of Farmington Road
between Six Mile Road and. Curtis in the Southwest 1/4 of Section 19, the
Council does hereby concur in the recommendation of the City Planning
Commission and Petition No. 71-3-2-9 is hereby approved and granted; such
action to be based upon the same conditions as are set forth in the recom-
mendation of the City Planning Commission.
12286
The communication from the Planning Commission dated June 21, 1971 with
respect to Petition No. 68-7-3-9 for vacating portion of Elsie between Berwick and
Merriman, was received and filed for the information of the Council.
The communication dated June 21, 1971 from the PlanningCommission with
respect to Petition 68-7-3-10 for vacating portion of Clarita between Stamford and
Farmington or Pickford between Stamford and Farmington, was received and filed for
the information of the Council.
The communication from the Planning Commission, dated June 21, 1971 with
respect to Petition 68-7-6-6 (Permitted Uses in R-7 Districts) was received and
filed for the information of the Council.
The communication dated June 7, 1971 with respect to Petition 71-3-7-9
(Master Plan) from the Planning Commission, was received and filed for the informa-
tion of the Council.
l.
The communication from the City Planning Commission, dated June 7, 1971
with respect to Petition 71-3-7-8 (Master School and Park Plan) was received and
filed for the information of the Council.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#667-71 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.
Councilman Raymond gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 4 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO. 54+3,
AS AMENDED, KNOWN AND CITED AS THE "CITY OF
LIVONIA ZONING ORDINANCE," BY ADDING SECTION
3. THERETO. RE: PETITION 70-2-1-5 FOR
CHANGE OF ZONING FROM RUF to C-2
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
12287
By Councilman Ventura, seconded by Councilman Brown, and unanimously
adopted, it was
#668-71 RESOLVED, that the Council does hereby establish the following
dates for the purpose of conducting regular meetings of the City Council
for the month of August•
Wednesday, August 11, 1971
Wednesday, August 25, 1971.
The communication dated June 21, 1971 from the City Planning Commission
with respect to Petition 69-6-7-8 (Master School & Park Plan) was received and filed
for the information of the Council.
By Councilman McCann, seconded by Councilman Bennett, and unanimously
adopted, it was
#669-71 RESOLVED, that having considered the report and recommendation of
the Finance and Insurance Committee dated June 30, 1971 and submitted
pursuant to Council resolution No. 527-71 in connection with definitions of
hotels, motels, multiple dwellings and licensing fees for same as presently
set forth in the Livonia Code of Ordinances, as amended, the Council does
hereby refer this matter to the City Clerk and the Department of Law for
their report and recommendation and/or the inclusion of an amendatory
ordinance which updates and revises the City Licensing Fee requirements
particularly with respect to hotels, motels, etc.
The quarterly financial report of the Community Commission on Drug Abuse
(CR-130-71) was received and filed for the information of the Council.
By Councilman Raymond, seconded by Councilman Bennett, it was
#670-71 RESOLVED, that having considered a communication from the Personnel
Director dated July 8, 1971, approved by the Budget Director and approved
for submission by the Mayor with regard to a modification of a prior
request dated April 14, 1971 by the Board of Trustees of the Livonia
Employees Retirement System for an appropriation to retain the services of
a qualified individual to provide professional advice to the Board with
respect to investment matters, the Council does hereby authorize the trans-
fer of the sum of $3,000.00 from Account No. 60.01 to Account No. 246-817
for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, McCann, Bennett and Nash.
NAYS: Brown and Ventura.
The President declared the resolution adopted.
12288
By Councilman Milligan, seconded by Councilman Brown, it was
RESOLVED, that the Council does hereby determine to refer to the
Study Session to be conducted on July 19, 1971 the question of whether or
not to reconsider the action taken in CR-618-71 with respect to the
acceptance of bid for three Truck Chassis.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Milligan and Bennett.
NAYS: Raymond, McCann, Brown, Ventura and Nash.
The President declared the motion denied.
The communication dated July 9, 1971 from the Mayor with respect to
Council Resolution #618-71 which accepted the bid of three Truck Chassis, was
received and filed for the information of the Council.
By Councilman Bennett, seconded by Councilman Ventura, it was
#671-71 RESOLVED, that having considered a communication dated July 13,
1971 from the Department of Law, submitted pursuant to council resolution
#477-71, transmitting for acceptance a Warranty Deed dated July 9, 1971,
ifts executed by Shelden Hanes, Inc., by W. Warren Shelden, President, conveying
to the City 19.83 acres of land (Park Site DD) which land is more particu-
larly described as:
Parcel One
That part of the N.W. 1/4 of Section 34 described as
beginning at a point distant S 0° 54' 16" W along the
west section line 786.02 feet and S. 88° 39' 44" East,
183.93 feet from the N.W. corner of Section 34 and
proceeding thence S. 88° 39' 44" East, 112 feet; thence
S. 1° 18' 46" W. 544.02 feet; thence N. 88° 39' 44" W.,
232.08 feet; thence N. 0° 54' 16" E., 434.02 feet; thence
S. 88° 39' 44" E., 123.15 feet, thence N. 1° 18' 46" E.,
110.0 feet to the point of beginning.
Parcel Two
That part of the Northwest 1/4 of Section 34, Town 1
South, Range 9 East, described as beginning at a point
distant South 0 degrees 54 minutes 16 seconds West,
along the West section line, 786.02 feet and South 88
degrees 39 minutes 44 seconds East, 355.93 feet from
the northwest corner of Section 34 and proceeding thence
South 88 degrees 39 minutes 44 seconds East, 224 feet;
thence South 1 degree 18 minutes 46 seconds West 544.02
feet; thence North 88 degrees 39 minutes 44 seconds West,
224 feet, thence North 1 degree 18 minutes 46 seconds
East, 544.02 feet to the point of beginning.
12289
L Parcel Three
That part of the Northwest 1/4 of Section 34, Town 1
South, Range 9 East, described as beginning at a point
distant South 0 degrees 54 minutes 16 seconds West
along the West section line 786.02 feet and South 88
degrees 39 minutes 44 seconds East, 639.93 feet from
the Northwest corner of Section 34 and proceeding thence
South 88 degrees 39 minutes 44 seconds East, 224 feet;
thence South 1 degree 18 minutes 46 seconds West, 544.25
feet; thence North 88 degrees 39 minutes 44 seconds West,
224 feet; thence North 1 degree 18 minutes 46 seconds
East, 544.02 feet to the point of beginning.
Parcel Four
Lots 1771747 47 to 1662 inclusive, the North 40 feet of
Lot 1704, Lots No. 1705 to 1719 inclusive, Lots 1734
to 1748 inclusive, the North 40 feet of Lot 1749 the
North 40 feet of Lot 1791, Lots 1792 to 1806 inclusive,
Rosedale Gardens No. 9 part of the Northwest 1/4 of
Section 34, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan, as recorded in Liber 73, Page 41
of Plats, Wayne County Records.
the Council does hereby for and in behalf of the City of Livonia accept
the aforesaid Warranty Deed and the City Clerk is herein requested to have
L the same recorded in the office of the Wayne County Register of Deeds and
to do all other things necessary or incidental to the full performance
of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash.
NAYS: None.
Councilman McCann gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND.(Pet.71-3-3-9)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
By Councilman Ventura, seconded by Councilman Brown, and unanimously adopt-
Led, this 714th regular meeting of the Council of the City of Livonia was duly
adjourned at 10:15 P. M., July 14, 1971.
1
6:' -s6:'-4 . -
ADDISON W. BAC•' k.