HomeMy WebLinkAboutCOUNCIL MINUTES 1970-01-05 11079
L MINUTES OF THE SIX HUNDRED SEVENTY-THIRD REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On January 5, 1970, 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 8:17 P. M.. Councilman Ventura delivered the invocation. Roll was
called with the following result: Present--Edward H. McNamara, Rudolf R. Kleinert,
Jerry Raymond, Robert E. McCann, Robert F. Nash, Peter A. Ventura, and Edward G.
Milligan. Absent--None.
Elected and appointed officials present: Addison W. Bacon, City Clerk;
Harry C. Tatigian, City Attorney; Judge James R. McCann; Judge James E. Mies; Robert
A. Shaw, Director of Public Works, David L. Jones, Water and Sewer Commissioner; Don
Hull, City Planner; Donald Nicholson, Director of Public Safety; Marie Talbot, Court
LClerk-Administrator; William J. Strasser, City Engineer; Ed Siemert, Assistant City
Engineer; Stanley Bien, Chief Librarian; Henry Sieferd, City Assessor; James Miller,
Personnel Director; John T. Dufour, Superintendent of Parks and Recreation; Frank
Kerby, Chief Building Inspector; Dan Andrew, Industrial Coordinator, Carl E. Demek,
Superintendent of Operations Division; John Bunk, Fire Marshal; Victor C. Phillips,
Budget Director; Thomas J. Griffiths, Chief Accountant; Robert Bennett, Zoning Board
of Appeals; Harry Wrightman, Planning Commission; and John Stymelski of the Traffic
Commission.
By Councilman McCann, seconded by Councilman Nash, and unanimously
adopted, it was
#1-70 RESOLVED, that the minutes of the 672nd regular meeting of the
Council of the City of Livonia, held December 15, 1969, and the 126th
special meeting of the Council of the City of Livonia, held December 17,
1969, are hereby approved.
LThe President of the Council acknowledged receipt of two veto messages from
the Mayor, the first dated December 31, 1969 of Ordinance No. 789, adopted on
December 15, 1969, which would change the zoning classification of a certain parcel
11080
of property located in Section 11, from PS to C-2, and the second veto dated January
L
5, 1970, of Council Resolution #1395-69 which requested the Department of Law to
prepare a Charter Amendment which would provide an additional one mill tax levy for
public safety purposes.
Councilman Raymond re-introduced the following Ordinance for second reading
and roll call vote:
AN ORDINANCE AMENDING SECTION 11 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 69-4-1-12 FOR
CHANGE OF ZONING FROM P.S. TO C-2.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Raymond, Nash, *Milligan, Ventura and McNamara.
LNAYS: McCann and Kleinert.
The President declared the Mayor's veto overruled, the Ordinance adopted, and would
become effective on publication.
*Councilman Milligan abstained from voting, which is recorded as a "yes"
vote under the provisions of Section 19 of Ordinance No. 27, as amended.
By Councilman Ventura, seconded by Councilman Nash, it was
#2-70 RESOLVED, that the Council does hereby determine to defer action with
respect to the veto by the Mayor of Council Resolution #1395-69, adopted on
December 15, 1969, requesting the Department of Law to prepare a Charter
Amendment so as to provide an additional one mill tax levy for public safety
purposes, to the next regular meeting to be held January 12, 1970.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Ventura and McNamara.
NAYS: Kleinert.
LThe President declared the resolution adopted.
The communication dated January 5, 1970 from the Mayor, with respect to the
proposed Charter Amendment with respect to the appointment of Executive Assistant to
11081
Lthe Mayor and Legislative Aide to the Council, was received and filed for the informa-
tion of the Council.
By Councilman Milligan, seconded by Councilman Raymond, and unanimously
adopted, it was
#3-70 RESOLVED, that having considered the letter from the Mayor, dated
January 5, 1970, transmitting bids for Fire Stations #5 and #6, the Council
hereby tables this matter pending a meeting of the Council with the Director
of Public Safety and the Architect, such meeting to be held on Wednesday,
January 7, 1970.
The Annual Report for the Fiscal Year 1968-1969, transmitted by the Mayor
under date of December 31, 1969, was received and filed for the information of the
Council.
By Councilman Raymond, seconded by Councilman Milligan, it was
#4-70 RESOLVED, that the Department of Law is hereby requested to render
a legal opinion as to whether or not the veto powers of the Mayor are
L applicable to those matters where the Council merely requests administrative
departments to do certain things so that the Council, thereafter, may be in
a position to subsequently act.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Ventura and McNamara.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Nash, seconded by Councilman Raymond, it was
#5-70 RESOLVED, that having considered a communication from the Judges
of the District Court, the Council does hereby accept the bid of Burroughs
Corporation, 2850 W. Grand Boulevard, Detroit, Michigan, for supplying the
City with one (1) Electronic Abstract and Legal Recording Machine for the
total price of $14,920.43, the same having been in fact the lowest and only
bid received with respect to this item; further, the Council takes this
means to indicate that it is taking this action on the basis that this
machine is the only one available for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
LAYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
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By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#6-70 RESOLVED, that the Council does hereby request the City Clerk to
investigate and determine the cost of adequate theft insurance coverage for
the Burroughs Electronic Abstract Machine and Legal Recording equipment
used in the Livonia District Court.
By Councilman Raymond, seconded by Councilman Kleinert, it was
#7-70 RESOLVED, that having considered a communication dated November 10,
1969 from the Water & Sewer Commissioner, approved by the Director of Public
Works and approved for submission by the Mayor, as well as communications
dated November 17, 1969 and January 5, 1970 from the Water and Sewer
Commissioner, regarding an increase in the sewage disposal rate as part of
the Detroit Water Pollution Program, which new rate shall be in the amount
of .85 per thousand cubic feet in lieu of the old rate which was in the
amount of .47 per thousand cubic feet, the Council does hereby concur in
and approve of such increase in the manner recommended in the aforesaid
communications, such rate to be a combined charge of Wayne County and the
City of Livonia for sewage disposal service.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman Milligan, it was
#8-70 RESOLVED, that having considered a communication from the Mayor,
dated December 30, 1969, to which is attached a copy of a letter from the
Library Commission dated December 22, 1969, indicating the receipt of a
check in the amount of $14,744.10 from the Wayne County Public Library
Board for services rendered to residents of the City of Westland, which
check has been deposited with the City Treasurer, the Council does hereby
determine to amend the Anticipated Revenues of the General Fund Budget by
adding $14,744.10 in revenue account #686, and does further determine to
amend Account #738-957, Books and Periodicals Account, by the addition of
the sum of $10,744.10, and Account #738-902, Binding Account, by the addi-
tion of $4,000.00.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
Councilman McCann gave second reading to the following Ordinance:
11083
AN ORDINANCE AMENDING SECTION 2.10 OF
ARTICLE II OF ORDINANCE NO. 543, AS
AMENDED, KNOWN AND CITED AS THE "CITY OF
LIVONIA ZONING ORDINANCE" BY ADDING PARA-
GRAPH (19) THERETO. RE: PETITION NO.
69-2-6-6 (LANDSCAPING IN COMMERCIAL AND
INDUSTRIAL ZONING DISTRICTS), INTRODUCED
BY COUNCIL MC CANN ON DECEMBER 15, 1969.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Raymond, McCann, Nash, Kleinert and McNamara.
NAYS: Milligan and Ventura.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
Councilman Raymond gave second reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 11.02 OF
ARTICLE XI OF ORDINANCE NO. 543, AS
AMENDED, KNOWN AND CITED AS THE "CITY OF
LIVONIA ZONING ORDINANCE." RE: PETITION
69-6-6-15, INTRODUCED BY COUNCILMAN
RAYMOND ON DECEMBER 15, 1969.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
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
#9-70 RESOLVED, that having considered a communication dated December 3,
1969 from the City Planning Commission, which transmits its resolution
#11-171-69 adopted by the Commission on November 18, 1969 with regard to
Petition 69-5-2-13, submitted by Lindhout Associates for the Livonia
Education Association, requesting permission to erect an office building
as a waiver use on property zoned P.S. located on the west side of Middle-
belt between Wentworth and Five Mile Road in Section 14, the Council does
hereby concur in the recommendation made by the City Planning Commission
and Petition 69-5-2-13 is hereby approved and granted, such action to be
16111 based upon the same conditions as are set forth in the aforesaid recom-
mendation of the Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
11084
By Councilman Ventura, seconded by Councilman Kleinert, and unanimously
adopted, it was
#10-70 RESOLVED, that having considered a communication dated December 12,
1969 from Cummings & Tremp, attorneys for Edward J. Bulinski, which in
accordance with the provisions of Section 19.08 of Ordinance No. 543, as
amended, the Zoning Ordinance, takes an appeal from a determination made on
December 9, 1969 by the City Planning Commission in its resolution
#12-180-69 with regard to Petition 69-9-2-22 submitted by Edward J. Bulinski
for Mid-Six Marathon Service Station, requesting permission to allow the
rental of trucks and storage of same as a waiver use on property zoned C-2
and located on the south side of Six Mile Road between Middlebelt and
Merriman Roads in Section 14, the Council does hereby designate Wednesday,
January 28, 1970 at 7.00 P.M. as the date and time for conducting a Public
Hearing with regard to this matter, such hearing to be held at the City
Hall, 33001 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby
requested to do all things necessary in order to give proper notice in
writing as well as by the publication of a notice in the City's official
newspaper of such hearing and the date and place thereof in compliance with
the requirements set forth in Ordinance No. 543, as amended, the Zoning
Ordinance of the City of Livonia.
By Councilman Ventura, seconded by Councilman Kleinert, and unanimously
adopted, it was
#11-70 RESOLVED, that having considered a communication dated December 12,
1969 from Cummings & Tremp, attorneys for Gordon V. Rumohr, which in
accordance with the provisions of Section 19.08 of Ordinance No. 543, as
amended, the Zoning Ordinance, takes an appeal from a. determination made
on December 9, 1969 by the City Planning Commission in its resolution
#12-181-69 with regard to Petition 69-9-2-23submitted by Gordon V. Rumohr,
requesting permission to allow the rental of trucks and storage of same
as a waiver use on property zoned C-2 and located on the south side of Five
Mile Road between Merriman and Bainbridge Road in Section 23, the Council
does hereby designate Wednesday, January 28, 1970 at 7:00 P.M. as the date
and time for conducting a Public Hearing with regard to this matter, such
hearing to be held at the City Hall, 33001 Five Mile Road, Livonia,
Michigan; and the City Clerk is hereby requested to do all things necessary
in order to give proper notice in writing as well as by the publication of
a notice in the City's official newspaper of such hearing and the date and
place thereof in compliance with the requirements set forth in Ordinance
No. 543, as amended, the Zoning Ordinance of the City of Livonia.
Councilman Nash gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 36 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
69-5-1-16 FOR CHANGE OF ZONING FROM RUF
TO C-2.
11085
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
L
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.
Councilman Nash gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 33 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 NO. 69-7-1-22 FOR
CHANGE OF ZONING FROM C-1 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
L meeting of the Council.
Councilman Milligan gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 19.03 OF ARTICLE
XIX AND SECTION 23.03 OF ARTICLE XXIII OF
ORDINANCE NO. 543, AS AMENDED, KNOWN AND
CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE.
RE: PETITION 69-8-6-19 TO DELETE WAIVER AND
REZONING FILING FEES FOR CHURCH OR SCHOOL
PETITIONS.
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.
At 9:35 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
with the exception of Councilman Raymond.
imir By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted,
it was
11086
#12-70 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 (M.S.A. Section 5.2934) 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 take place
before the City Council of the City of Livonia on Monday, February 9, 1970,
at 7.00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia,
Michigan, with respect to the following items:
1. Petition 69-10-6-22 submitted by the City Planning Commission
on its own motion to determine whether to amend Section 2.10,
Definitions of Miscellaneous Terms, of Ordinance #543, the
Zoning Ordinance of the City of Livonia, as amended, by adding
paragraph (19) to define the term "Recreational Equipment," the
City Planning Commission having in its resolution #11-169-69
recommended to the City Council that Petition 69-10-6-22 be
approved,
2. Petition 69-8-6-18 submitted by the City Planning Commission,
pursuant to Council Resolution #399-69, to determine whether
to amend Section 4.02 of Ordinance #543, the Zoning Ordinance
of the City of Livonia, as amended, pertaining to the storage and
parking of trailers in R-1 through R-5 Districts, the City
Planning Commission having in its resolution #11-170-69
recommended to the City Council that Petition 69-8-6-18 be
approved.
3. Petition 69.10-1-35 submitted by the American Oil Company
for a change of zoning of property located on the northeast
corner of Six Mile Road and Farmington Road in the S. W. 1/4
of Section 10, from C-1 to C-2, the City Planning Commission
having in its resolution #11-165-69 recommended to the City
Council that Petition 69-10-1-35 be approved;
4. Petition 69-10-1-36 submitted by the City Planning Commission,
pursuant to Livonia Housing Commission Resolution #67-69,
for a change of zoning of property located on the east side of
Purlingbrook between Seven Mile Road and St. Martins in the
S. E. 1/4 of Section 2, from R-1 to R-9, the City Planning
Commission having in its resolution #11-168-69 recommended to
the City Council that Petition 69-10-1-36 be approved;
5. Petition 69-9-1-30 submitted by Charest & Clancy, attorneys
for Curran Construction Company, for a change of zoning of
property located on the north side of Joy Road between Oxbow
and Hartel Streets in the S. W. 1/4 of Section 36, from C-1 and
RUF to C-2, the City Planning Commission having in its resolu-
tion recommended to the City Council that Petition 69-9-1-30 be
denied;
6. Petition 69-10-1-34 submitted by the American Oil Company for a
change of zoning of property located on the northwest corner of
Five Mile Road and Inkster Road in the S. E. 1/4 of Section 13,
from C-1 to C-2, the City Planning Commission having in its
resolution #11-164-69 recommended to the City Council that
Petition 69-10-1-34 be approved,
11087
further, the City Clerk is hereby requested to no less than fifteen days
prior to the aforesaid date of said public hearing cause to have a statement
indicating the nature of the proposed amendments to the Zoning Ordinance
and the 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 days prior to said public hearing cause to have notice to be given
by registered mail to each public utility company and to each railroad
company owning or operating any 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.
Councilman Raymond returned at 10:01 P. M.
By Councilman Nash, seconded by Councilman Ventura, it was
#13-70 RESOLVED, that having considered the report and recommendation
dated December 10, 1969 from the City Engineer, approved by the Director
of Public Works and approved for submission by the Mayor, and the attached
final construction estimate dated November 12, 1969, the Council does
hereby authorize Final Payment in the amount of $28,534.44 to Ministrelli
Construction Company, Inc., 12240 Merriman Road, Livonia, Michigan, which
sum includes the full and complete balance due on a contract dated June 19,
1969 in the amount of $168,917.88 in connection with the Stark Road Paving
Project from Schoolcraft to Lyndon to Farmington Road, it appearing from
the aforementioned report that all work under the said contract has been
completed in accordance with City standards and specifications and that the
necessary contractor's affidavit, waivers of lien and guaranty have been
filed; provided, however, that the sum of $1500.00 shall be retained from
the foregoing by the City Clerk until such time as the Engineering Division,
with the approval of the Department of Law, has submitted written notifica-
tion that the claim of Doil Taylor, sub-contractor, as indicated in a
communication dated October 17, 1969, has been satisfactorily resolved, in
which event the City Clerk shall release the same; and the City Clerk and
City Treasurer are hereby authorized to do all things necessary or
incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
By Councilman Nash, seconded by Councilman McCann, it was
#14-70 RESOLVED, that having considered the report and recommendation dated
December 11, 1969 from the City Engineer and the Assistant City Engineer,
approved by the Water & Sewer Commissioner and Director of Public Works,
im. and approved for submission by the Mayor, and the attached final construction
estimate dated December 11, 1969, the Council does hereby authorize Final
Payment in the amount of $12,857.23 to D & L Construction, Inc., 25120
Trowbridge Avenue, Dearborn, Michigan, which sum includes the full and
11088
L complete balance due on a contract dated December 9, 1968 in the amount of
$125,933.50, which includes the sum of $293.20 for extra items in connection
with the installation of sanitary sewers in the North 1/2 of Sections 28
and 29 Industrial Road, it appearing from the aforementioned report that
all work under the said contract has been completed in accordance with City
standards and specifications and that the necessary contractor's affidavit,
waivers of lien and guaranty have been filed; and the City Clerk and City
Treasurer are hereby authorized to do all things necessary or incidental
to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman McCann, it was
#15-70 RESOLVED, that having considered the report and recommendation of
the City Engineer and the Assistant City Engineer, dated December 12, 1969,
approved by the Superintendent of Parks and Recreation and the Director of
Public Works, and approved for submission by the Mayor, in connection with
the Clements Circle Park and Botsford Park Swimming Pools, the Council does
hereby authorize Final Payment to the following parties in the manner
indicated:
A. $37,758.80 to be paid to the firm of L. 0. Lauer and Son,
16724 Prevost, Detroit, Michigan 48235, with respect to the
General Trades Contract dated February 28, 1969, which
contract was in the total amount of $349,750.00 and also the
sum of $17,849.80 for additional work performed by the
aforesaid company;
B. $17,659.70 to be paid to Paddock Pools of Eastern Michigan,
Inc., 26641 Grand River Avenue, Detroit, Michigan 48240,
with respect to the Pool Trades Contract dated February 28,
1969, which contract was in the total amount of $176,597.00,
and
C. $1856.54 to be paid to the firm of Ralls-Hamill-Becker
Associates, Inc., Architects, as indicated in their statement
#6, for architectural services rendered;
it appearing from the aforementioned report that all work under the said
contracts has been completed in accordance with City standards and specifi-
cations and that the necessary contractor's affidavits, waivers of lien
and guarantees have been filed, 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: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
11089
By Councilman Nash, seconded by Councilman Ventura, it was
#16-70 RESOLVED, that having considered the report and recommendation of
the City Engineer and the Assistant City Engineer, dated December 11, 1969,
approved by the Superintendent of Parks and Recreation and the Director of
Public Works, and approved for submission by the Mayor, in connection with
the Livonia Recreation Centers, the Council does hereby authorize Final
Payment to the following parties in the manner indicated:
A. $36,824.55 to be paid to the firm of West Side Construction
Company, 5540 Allen Road, Allen Park, Michigan 48101, with
respect to the General Construction Contract dated October 2,
1967, which contract was in the total amount of $590,703.05
(including change orders);
B. $4346.05 to be paid to Gillis Electrical, Inc., 15420 Auburndale,
Livonia, Michigan 48154, with respect to the Electrical Work
Contract dated October 2, 1967, which contract was in the total
amount of $86,921.00 (including change orders); and
C. $5760.00 to be paid to Lindhout Associates, Architects, as
indicated in their final statement dated November 14, 1969,
for architectural services rendered;
it appearing from the aforementioned report that all work under the said
contracts has been completed in accordance with City standards and
specificata,ons and that the necessary contractor's affidavits, waivers of
lien and guarantees have been filed; and the City Clerk and City Treasurer
are hereby authorized to do all things necessary or incidental to the full
performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman McCann, it was
#17-70 RESOLVED, that having considered a letter from the Michigan Liquor
Control Commission, dated October 30, 1969, and the report and recommenda-
tion of the Chief of the Livonia Division of Police, dated December 16,
1969, in connection therewith, the Council does hereby approve of the
request from Marilyn A. Bennett for transfer of ownership of 1969 SDM
License from Harry L. King, located at 19036 Middlebelt, Livonia, Michigan
48152, and the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission.
LA roll call vote was taken on the foregoing resolution with the following result.
AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
11090
By Councilman Ventura, seconded by Councilman Kleinert, it was
#18-70 RESOLVED, that having considered a letter from the Michigan Liquor
Control Commission, dated September 23, 1969, and the report and recommenda-
tion dated December 15, 1969 from the Chief of the Livonia Division of
Police, in connection therewith, the Council does hereby approve of the
request from Crowley, Milner and Company for a new SDM License to be located
at 29560 Seven Mile Road, Livonia, Michigan; and the City Clerk is hereby
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
*Councilman Nash was excused at..10:10 P. M.
By Councilman McCann, seconded by Councilman Raymond, it was
#19-70 RESOLVED, that having considered a letter dated December 16, 1969
submitted by the Department of Law, which transmitted for Council
acceptance a Quit-Claim Deed dated November 26, 1969, executed by Denne
Land Company, a Michigan Non-Profit Corporation, by its President and
Secretary, conveying:
The north 60 feet of that part of the N. W. 1/4 of the N. W.
1/4 of Section 35, T. 1 S. , R. 9 E., City of Livonia, Wayne
County, Michigan, described as beginning at a point on the
north line of said section distant S. 89° 58' 45" E, 542
feet from the N. W. corner of Section 35 and proceeding
thence S. 89° 58' 45" E. along said north line, 256 feet;
thence S. 415 feet; thence N. 89° 58' 45" W, 256 feet,
thence N, 415 feet to the point of beginning, except the
west 30 feet thereof. (Bureau of Taxation Parcel 35D5a,6)
(Plymouth Road right-of-way)
the Council does herein for and in behalf of the City of Livonia determine
to accept the aforesaid Quit-Claim Deed and the City Clerk is hereby
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, McCann, Milligan, Kleinert, Ventura and McNAmAra.
NAYS : None.
*Councilman Nash returned at 10:11 P. M.
11091
By Councilman McCann, seconded by Councilman Ventura, it was
#20-70 RESOLVED, that having considered a communication dated December 1,
1969 from the Department of Law, transmitting for Council acceptance a
Warranty Deed dated November 24, 1969 executed by Auburn Court Apartments,
a Michigan Co-Partnership, consisting of David Pollack, Co-Partner, Arthur
Pollack, Co-Partner and Leo Pollack, Co-Partner, conveying a portion of
Parcel 12E2a for a future park site, said portion of property being more
particularly described as:
That part of the West 1/2 of Section 12, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan,
described as beginning at the center 1/4 corner of Section 12
and proceeding thence South 0 degrees 09 minutes 15 seconds
East along the North and South 1/4 Section line 331 Feet;
Thence North 89 degrees 58 minutes 01 seconds West 1234.94
Feet to a point; Thence North 0 degrees 13 minutes 39 seconds
West 516.2 Feet to the South line of Thomas F. O'Connor's
Middlebelt Subdivision, as recorded in Liber 68 of Plats,
Page 96, Wayne County Records; Thence South 89 degrees 51
minutes 20 seconds East along the South line of said subdivision
1235.28 Feet to the North and South 1/4 line of Section 12;
Thence South 0 degrees 15 minutes 30 seconds East along said
North and South 1/4 Section line 182.81 Feet, to the point of
beginning.
the Council does hereby determine for and in behalf of the City of Livonia
to accept the aforesaid instrument, and the City Clerk is hereby 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; further, the City Assessor is hereby
requested to do all things necessary to have the subject property removed
from the tax rolls as being city-owned and exempt.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
By Councilman McCann, seconded by Councilman Ventura, it was
#21-70 RESOLVED, that having considered a communication dated December 1,
1969 from the Department of Law, transmitting for Council acceptance a
Warranty Deed dated November 20, 1969 executed by Lowell Construction Company,
a Michigan Corporation, and Joshua J. Stone and Eunice S. Stone, his wife,
conveying a parcel of land 1.86 acres in size, immediately north of Park
Site D-12 in Section 3, said property being more particularly described as :
The West 160 feet of the North 1775 feet of the Southeast
1/4 of Section 3, Town 1 South, Range 9 East, except the
North 1320 feet thereof. ALSO:
11092
East 23 feet of North 360 feet of that part of Southwest 1/4
of Section 3 described as: Beginning at the South 1/4 corner
of Section 3, and proceeding thence West along the South
line of said Section 147.5 feet; thence North 0 degrees 18
minutes 40 seconds East, 1310.77 feet; thence South 89
degrees 40 minutes 20 seconds East, 148.77 feet to the
North and South 1/4 line of Section 3; thence South 0 degrees
22 minutes West, 1309.8 feet to the point of beginning.
the Council does hereby determine for and in behalf of the City of Livonia
to accept the aforesaid instrument, and the City Clerk is hereby 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; further, the City Assessor is hereby
requested to do all things necessary to have the subject property removed
from the tax rolls as being city-owned and exempt.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
$y Councilman Kleinert, seconded by Councilman Ventura, it was
#22-70 WHEREAS, pursuant to due and proper notice published and mailed to
all property owners in Special Assessment District No. 83, more particular-
ly described in Council Resolution #1019-69 adopted on September 17, 1969,
as required by the provisions of the City Charter and Title 2, Chapter 5
of the Livonia Code of Ordinances, as amended, the City Council has duly
met and reviewed the special assessment levied in the special assessment
roll prepared by the Assessor, and which roll was subsequently revised,
as indicated by the City Assessor's certification dated November 25, 1969,
to cover the district in which street lighting is to be installed, such
roll having been prepared on the basis of ornamental street lights with
underground wiring being installed in Levan Heights Subdivision & Levan
Heights Subdi.vision ,Parcel 20H1a in the N. E. 1/4 of Section 20, in said
Special Assessment District No. 83;
NOW, THEREFORE, BE IT RESOLVED, that the Council does hereby
determine that said lights shall be installed with metal ornamental poles
and underground wiring and that the assessments set forth in said Special
Assessment District No. 83 Roll are fair and equitable and based upon
benefits derived in said district, in accordance with the plans of the
City Engineer andresolutions of the City Council, said Special Assessment
Roll No. 83 based on the installation of metal ornamental poles and under-
ground wiring is hereby approved and confirmed in all respects, pursuant
to the provisions of Section 2-513 of the Livonia Code of Ordinances, as
amended, the City Clerk shall endorse the date of confirmation on the
Assessment Roll, and the Assessment Roll shall then be immediately trans-
mitted to the City Treasurer who shall take such further action as set
forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended,
and the City Clerk is hereby authorized to transmit the proper street
lighting order to the Detroit Edison Company on forms provided by them for
this purpose.
11093
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman Ventura, and unanimously
adopted, it was
#23-70 RESOLVED, that having considered a communication from the Chief of
Police, dated December 17, 1969, submitted pursuant to Council Resolution
#1317-69, concerning a request submitted by Mr. Clinton L. Tinsley for a
license to operate a taxicab within the City of Livonia, the Council does
hereby determine to deny the same for the reason indicated in the aforesaid
communication.
By Councilman Milligan, seconded by Councilman Raymond, it was
#24-70 RESOLVED, that having considered the report and recommendation
dated December 11, 1969 from the City Engineer, approved by the Director
of Public Works, and approved for submission by the Mayor, the Council
does hereby authorize the release to the Proprietor of the financial
assurances previously deposited with respect to the General Improvement Bond
and Sidewalk Bond deposited with the City in accordance with Council
Resolution #862-68 adopted on July 31, 1968, to guarantee the satisfactory
installation of improvements for the Valley Wood Apartments, it appearing
from the aforementioned report of the City Engineer that all required
improvements have been satisfactorily installed in accordance with the rules
and regulations and ordinances of the City of Livonia; 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: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Nash, it was
#25-70 RESOLVED, that having considered a communication dated December 15,
1969 from the City Planning Commission, as well as a communication dated
December 4, 1969 which transmits its resolution #11-174-69 regarding the
failure of the proprietor of the proposed Canbros Buckingham Plaza
Subdivision, located in the S. E. 1/4 of Section 24 in the City of Livonia,
Michigan, to proceed with the development of the said subdivision, the
Council does hereby take this means to terminate and rescind all prior
approvals rendered in connection with the proposed plat, and all approvals
previously granted with regard to Bond and Financial assurances in connection
with the improvements to be installed are hereby terminated and discontinued,
and all fees and charges submitted to date shall be retained by the City
for work done; further, the Council does hereby rescind the approvals granted
previously for the reasons outlined in the aforesaid communications, and
the City Clerk is hereby requested to do all things necessary or incidental
to the full performance of this resolution.
11094
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman Nash, it was
#26-70 RESOLVED, that having considered a communication dated December 2,
1969 from the City Assessor, submitting a request from Mrs. Hazel Thielman,
29635 Munger, Livonia, Michigan 48152, and in accordance with the provisions
of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46
of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the
Council does hereby find that the proposed division or partition of Lot 49,
Livrance Estates Subdivision (Tax Item 14a49) would not be contrary to the
spirit and purpose of the aforesaid Ordinance and does, accordingly,
approve of dividing or same into two parcels, the legal descriptions of
which shall read as follows:
Parcel A
The North 357' of Lot 49, Livrance Estates Subdivision, of
part of the N. E. 1/4 of Section 14, T. 1 S., R. 9 E., City
of Livonia, Wayne County, Michigan (Recorded in Liber 67
of Plats, Page 10, Wayne County Records).
Parcel B
Lot 49, except the North 357', Livrance Estates Subdivision,
of part of the N. E. 1/4 of Section 14, T. 1 S., R. 9 E., City
of Livonia, Wayne County, Michigan (Recorded in Liber 67,
of Plats, Page 10, Wayne County Records).
as shown on the map attached to the aforesaid communication which is made
a part hereof by this reference; and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Nash, it was
#27-70 RESOLVED, that having considered a letter from the City Engineer
dated December 11, 1969, approved by the Mayor and the Director of Public
Works, regarding the proposed dedication of the West 13 feet of Lot 495,
Supervisor's Livonia Plat #8, Section 2, T. 1 S., R. 9 E., City of
Livonia, Wayne County, Michigan, which city owned property is located on
the south side of Purlingbrook Avenue east of St. Martins, the Council does
hereby determine that the City of Livonia shall relinquish the West 13
feet of Lot 495, Supervisor's Livonia Plat #8 for roadway purposes and does
further request that the Wayne County Bureau of Taxation record such right-
of-way dedication on all maps issued by the Bureau of Taxation, further,
the City Clerk is hereby requested to forward a certified copy of this
resolution to the Wayne County Bureau of Taxation.
11095
LA roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Nash, it was
#28-70 RESOLVED, that having considered a letter from the City Engineer
dated December 11, 1969, approved by the Mayor and the Director of Public
Works, regarding the proposed dedication of the West 43 feet of Bureau of
Taxation Parcel V2, Section 2, T. 1 S. , R. 9 E., City of Livonia, Wayne
County, Michigan, which city owned property is located on the south side
of Purlingbrook Avenue east of St. Martins, the Council does hereby
determine that the City of Livonia shall relinquish the West 43 feet of
Parcel V2 for roadway purposes and does further request that the Wayne
County Bureau of Taxation record such right-of-way dedication on all maps
issued by the Bureau of Taxation; further, the City Clerk is hereby request-
ed to forward a certified copy of this resolution to the Wayne County
Bureau of Taxation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES : Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
LNAYS: None.
By Councilman Milligan, seconded by Councilman Nash, it was
#29-70 WHEREAS, the Federal Government by Section 10 of the Federal-Aid
Highway Act of 1968 has provided the authority for the establishment,
within the designated boundaries of Federal-Aid Urban Areas, as defined by
Section 101(a) of Title 23, United States Code, of a program entitled,
TRAFFIC OPERATIONS PROGRAM TO INCREASE CAPACITY AND SAFETY, hereinafter
referred to as "TOPICS"; and
WHEREAS, the United States Department of Transportation, Federal
Highway Administration, Bureau of Public Roads, hereinafter referred to as
the "BUREAU", by Policy and Procedure Memorandum 21-18 dated January 17,
1969, and supplements thereto, hereinafter referred to as PPM 21-18, as
well as other pertinent Informational Memorandums, has established policies
and procedures, relating to the expenditure of Federal Funds for TOPICS;
and
WHEREAS, the Board of County Road Commissioners of the County of
Wayne, Michigan, has expressed its willingness to accept the responsibility
of coordinating with all other local agencies the development and evalua-
tion of an area-wide TOPICS plan in accordance with the provisions contain-
ed in PPM 21-18 and other pertinent Informational Memorandums; and
WHEREAS, the local governmental agencies will benefit from the
TOPICS Study and Plan and will be entitled to use any and all parts of the
study data and TOPICS Plan without restriction or limitation; and
11096
WHEREAS, the Board of County Road Commissioners of the County of
Wayne, Michigan, is responsible as the Coordinating Agency to secure
cooperative agreements or resolutions from all concerned local governmental
agencies for the development and evaluation of a TOPICS Plan.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of
Livonia hereby approves of the TOPICS Program and actively supports Stage
I of the Program, which is the study and evaluation of the TOPICS Plan.
BE IT FURTHER RESOLVED, that the Council of the City of Livonia
will fully cooperate with the Board of County Road Commissioners of the
County of Wayne and the State Highway Commission of the State of Michigan
in carrying out the TOPICS Program.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman McCann, it was
#30-70 RESOLVED, that having considered a communication from the City
Engineer, dated December 11, 1969, approved by the Director of Public Works
and approved for submission by the Mayor, to which is attached a proposed
agreement between the Michigan State Highway Commission and the City of
Livonia, which agreement would purport to authorize the construction by
the City of a right turn lane for westbound Highway M-14 (Plymouth Road)
to northbound Stark Road within the corporate limits of the City of Livonia,
the cost of which improvement is to be borne by the respective parties on
a 50 - 50 basis, the Council does hereby authorize the Mayor and City Clerk
to affix their signature to such contract for and on 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, McCann, Nash, Milligan, Kleinert, Ventura and McNamara.
NAYS: None.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, this 673rd regular meeting of the Council of the City of Livonia was duly
adjourned at 10:25 P. M., January 5, 1970.
410*
ADDISON W. BAM 'lerk.
11098
WHEREAS, the City of Livonia has as yet not had the benefit of any
Federal Aid Secondary project within its corporate limits, and
WHEREAS, many sections of Middle Belt Road elsewhere have been
widened and improved by the Wayne County Road Commission under the provi-
sions of the Federal Aid secondary program, and
WHEREAS, that section of Middle_Belt Road from Five Mile Road to
Joy Road is in dire need of rehabilitation and widening together with a
grade separation at the C & 0 Railroad crossing,
NOW. THEREFORE, BE IT RESOLVED, that the Board of Wayne County Road
Commissioners consider a project for improving that section of Middle Belt
Road that is in dire need of rebuilding, widening and improvement between
Five Mile Road and Joy Road, including a grade separation at the C & 0
Railroad to better serve the thru traffic using said road, and
BE IT FURTHER RESOLVED, that because of the major importance of
Middle Belt Road as a connector road between two populous counties, several
regional shopping centers, the Wayne County Airport, the Detroit Race
Course, etc. , and because r'f the substantial cost of this type of major
road improvement is more than the City of Livonia can undertake by itself,
that the Wayne County Road Commission proceed immediately to initiate a
project to improve this section of Middle Belt Road under the provisions
of Federal Aid Secondary approval;
BE IT FURTHER RESOLVED, that the Mayor and City Clerk 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: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman Ventura, it was
#33-70 RESOLVED, that in connection with the widening of Five Mile Road
from Merriman Road to Eckles Road, that the City Council hereb, requests
the Wayne County Road Commission to cause an M.I.A. appraisal to be made
to determine the cost of acquiring the southerly 27 feet, or a lesser
amount, of Bureau of Taxation Parcels 16F and 17R, otherwise known as the
Idyl Wyld Golf Course, said cost figures to include the damages incidental
to said taking, if there be any.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara.
NAYS: None.
By Councilman Milligan, seconded by Councilman McCann, it was