HomeMy WebLinkAboutCOUNCIL MINUTES 1973-07-25 13863
MINUTES OF THE SEVEN HUNDRED SIXTY-FIFTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On July 25, 1973, 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 8:20 P. M.. Councilman Ventura 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: Virginia G. Handzlik, Deputy City
Clerk; Harry C, Tatigian, City Attorney; Rudolf R. Kleinert, Director of Public
Safety-Fire; John T. Dufour, Superintendent of Parks and Recreation; William Joyner,
Administrative Assistant to the Mayor; G. E. Siewert, City Engineer; Stanley Bien,
Chief Librarian; Robert E. Osborn, Director of Public Works; Daniel Gilmartin,
Industrial Coordinator; John Nagy, City Planner; James Miller, Personnel Director,
Theodor Krauss, Civil Service Department; Jack Dodge, Budget Director; and Joseph
J. Falk of the City Planning Commission.
By Councilman Bennett, seconded by Councilman Brown, and unanimously
adopted, it was
#592-73 RESOLVED, that the minutes of the 764th regular meeting of the
Council of the City of Livonia, held on July 11, 1973, are hereby
approved.
The communication from the City Clerk, dated July 20, 1973, transmitting
Financial Reports for the period ending June 30, 1973 for the General Fund, Refuse
Fund, Golf Course Fund, Concession Fund, Ice Rink Fund, Swimming Pool Fund, Federal
Revenue Sharing Fund, Water Fund and the Employee Retirement System Fund, was received
and filed for the information of the Council.
By Councilman McCann, seconded by Councilman Brown, it was
13864
#593-73 RESOLVED, that having considered a communication from the
Superintendent of Operations, the Director of Public Works and the Budget
Director dated June 14, 1973, approved for submission by the Mayor,
wherein a request is made for an additional appropriation for the Printing
Account of the Operations DIvisjon, the Council does hereby authorize the
transfer of the sum of $700.00 from the Roads Salaries Account No.
464-712 to the Administration Printing Account No. 445.1-904 for this
purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
By Councilman McCann, seconded by Councilman Raymond, it was
#594-73 RESOLVED, that having considered a communication from the City
Assessor dated June 22, 1973, approved by the Budget Director and approved
for submission by the Mayor, to which is attached a letter dated June 14,
1973 from the Bureau of Taxation as well as two invoices received from
the Wayne County Board of Auditors in the amount of $50,355.44 in conreP-
tion with the preparation of twelve assessment rolls, tax rolls, tax bills
and other special services covering the fiscal period December 1, 1972
through November 30, 1973, the Council does hereby authorize the transfer
of the sum of $1,355.44 from the following Accounts to Account No.
101 252-833 (Tax Roll Preparation) as follows :
BOARD OF REVIEW
Account No. 101 247-704 Board Members Salary $1,170.00
247-707 Secretary III temp. Salary 85.44
247-756 Miscellaneous Supplies 100.00
for the the purpose of making payment to the County of Wayne in this regard;
and the City Clerk and 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: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
By Councilman Brown, seconded by Councilman Bennett, it was
#595-73 RESOLVED, that having considered a communication from the City
Engineer dated June 19, 1973, approved by the Director of Public Works and
approved for submission by the Mayor, to which is attached a report from
the Yichigan TestingEngineers, Inc., the Council does hereby determine to
rescind Council Resolution No. 1112-72, adopted on December 13, 1972, and
further, does hereby determine to revise and amend Council Resolution No.
679-72, adopted on July 26, 1972, so as to have the same in its entirety
read as follows:
13865
RESOLVED, that the City Engineer having filed with the City Clerk a state-
ment dated May 3, 1972 on all matters required by Section 2-506 of the
Livonia Code of Ordinances, as amended, and a first public hearing having
been held thereon on July 10, 1972, after due notice as required by
Section 2-507 of said Code, and after careful consideration having been
given to all such matters, the Council does hereby, pursuant to Section
2-508 of said Code,
(1) accept and approve said statement in all respects;
(2) determine to make the road improvement on the basis
of Alternate IIla (2)-i. foot wide deep strength asphalt
pavement with valley swales) on Bobrich Avenue, west of
Merriman Road, in Section 10, T. 1 S., R. 9 E., City of
Livonia, Wayne County, Michigan, as described in said
statement, and to defray the cost of such improvement
by special assessment upon the property especially
benefited in proportion to the benefits derived or to
be derived;
(3) approve the plans and specifications for said improve-
ment as set forth in said statement dated May 3, 1972,
(4) determine that the estimated cost of such improvement
is $37,943.20,
(5) determine that the cost of said improvement shall be
paid for in part by special assessments on the property
benefited thereby and in part by the City at large, in
proportions hereafter established;
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall
be 85,691.48 and that the balance of the said cost and
expense of said public improvement amounting to
$32,251.72 shall be borne and paid by special assess-
ments on all lands and premises in the special assess-
ment district as herein established in proportion to
the benefits to be derived therefrom,
(7) determine that assessments made for such improvement
may be paid in ten (10) annual installments together
with interest thereon on the unpaid balance,
(8) designate the assessment district, describing the land
and premises upon which special assessments shall be
levied as follows:
A special assessment district located in the S. E. 1/4
of Section 10, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, being more particularly
described as containing the following parcels:
13866
Lots 2 through 24, of Thomas F. O'Connor's Merriman
Park Subdivision, Liber 67, Page 88, Wayne County
Records;
(9) that the City Assessor is hereby directed to prepare
a special assessment roll including all lots and
parcels of land within the above district designated
by the Council and to assess to each such lot
or parcel of land such relative portions of the whole
sum to be levied against all lands in the special
assessment district as the special benefits to such
lots or parcels of land bear to the total benefit of
all land and also to enter upon such roll the amount
which has been assessed to the City at large, all in
accordance with the determination of the City Council,
and
(10) that upon the completion of said roll the City Assessor
shall attach thereto the certificate required by the
provisions of Section 2-510 of the Livonia Code of
Ordinances, as amended, of the City of Livonia and file
the same with the City Clerk who thereupon is directed
to present the same to the City Council prior to the
holding of the second public hearing thereon required
by Section 2-511 of the said Code.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
By Councilman Brown, seconded by Councilman Bennett, it was
#596-73 RESOLVED, that having considered a communication from the City
Engineer dated June 19, 1973, approved by the Director of Public Works ETICL
approved for submission by the Mayor, with regard to the Bobrich Avenue
road improvement, west of Merriman Road, and to which communication is
attached Invoice No. 2-5941 dated June 8, 1973, from Michigan Testing
Engineers, Inc., 15875 James Couzens, Detroit, Michigan 48238, the Council
does hereby authorize the payment of the same in the amount of $275.00
from the City's Motor Vehicle Highway Fund Receipts (Local Roads); and the
City Clerk and 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: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
By Councilman McCann, seconded by Councilman Bennett, and unanimously
adopted, it was
13867
#597-73 RESOLVED, that the Council having adopted resolution No. 333-72
at its regular meeting held on April 12, 1973 requiring the City Engineer
to ascertain the assessed valuation of all property affected by the pro-
posed improvement of Mayfield and Fairfield Avenues (Six Mile Road to
Curtis) in the S. W. 1/4 of Section 10, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, the number of parcels which show tax delinquerc.Le.,2,
the number of parcels owned by public authorities, the number of parcels
which are vacant, and having prepared and caused 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 install-
ments 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 cf such information, estimate, plans and specifica-
tions and recommendations he been properly filed by the City Engineer
with the City Clerk under date of June 18, 1973 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,
September 10, 1973 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 McCann, seconded by Councilman Brown, and unanimously
adopted, it was
#598-73 RESOLVED, that having considered a communication from the Chief
of Police and the Director of Public Safety-Police dated June 22, 1973,
approved for submission by the Mayor, which submits a proposed amendment
to the Livonia Code of Ordinances regulating the malicious use of the
telephone (Misdemeanors), the Council does hereby determine to refer this
matter to the Legislative Committee for its report and recommendation.
By Councilman Ventura, seconded by Councilman McCann, it was
#599-73 RESOLVED, that having considered a communication dated June 22,
1973 from the City Planning Cuumaission, which transmits its resolution No.
5-135-73 adopted by the Commission on May 22, 1973, with regard to
Petition No. 73-4-2-9, submitted by Marvin Chin requesting waiver use
approval for a Class C Liquor Licensed establishment within an existing
restaurant on property zoned C-2, located on the south side of Plymouth
Road between Inkster Road and Harrison in the Northeast 1/4 of Section 36,
the Council does hereby concur in the recommendation made by the City
Planning Commission and Petition No. 73-4-2-9 is hereby approved and
granted, including therein the waiver of the 1,000 foot requirement pre-
scribed in Section 11.03(h) of the Zoning Ordinance, as amended, and such
action to be based upon the same conditions as are set forth in the afore-
said recommendation of the Planning Commission.
13868
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, Milligan, McCann, Bennett and Nash.
NAYS: Brown.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Bennett, it was
#600-73 RESOLVED, that having considered a communication from the Person-
nel Director dated June 20, 1973 which bears the signature of the Budget
Director and is approved for submission by the Mayor, and which transmits
a resolution adopted by the Civil Service Commission on May 15, 1973,
wherein it is recommended that the position of Secretary III in the Office
of the Zoning Board of Appes:1.3 be reclassified to Secretary IV, the Council
does hereby approve of and concur in this action; further, the Council
does hereby appropriate the sum of 250.00 from the Unexpended Fund Balance
Account to be transferred to Account No. 815-7C6 for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
*Councilman Ventura was excused at 9:35 p. m.
By Councilman Milligan, seconded by Councilman Raymond, it was
#601-73 RESOLVED, that having considered a communication from the Burton
Hollow Civic Association dated June 27, 1973, wherein it is requested that
certain sycamore trees located along the parkway and in and about the
vicinity of Surrey Drive be removed and replaced with maple trees, the
Council does hereby request the Forestry Division do all things necessary
to remove the said sycamore trees and replace the same with maple trees
in accordance with the aforesaid request, the sycamores not to be removed,
however, until such time as maple trees are available for planting.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
*Councilman Ventura returned at 9 :36 p. m.
By Councilman McCann, seconded by Councilman Bennett, it was
#602-73 RESOLVED, that having considered a communication from the Garden
Park Civic Association dated June 22, 1973, with regard to the road condi-
tion of Loveland between Curtis and Clarita, the Council does hereby request
Operations Division of the Department of Public Works to do all things
13869
necessary to restore the condition of this street, and for this purpose
is authorized to charge the $1,500.00 Cash Bond deposited in escrow with
the City Clerk by the contractor (Canzano Contracting Corporation) that
installed storm sewers in this area as referred to in the aforesaid com-
munication; and the City Clerk is 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: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman McCann, it was
#6o3-73 RESOLVED, that having considered a communication from the City
Engineer dated June 19, 1973, approved by the City Attorney and the
Director of Public Works and approved for submission by the Mayor, and
submitted pursuant to Council resolution No. 428-72 regarding replacement
of entrance markers on Pl,imouth Road at Berwick and Arden Avenues in
Rosedale Gardens Subdivision, the Council does hereby refer this matter to
the Director of Public Works and the Planning Department for their
respective reports and recommendations, further, the Council does hereby
request the Department of Law to perpare an appropriate agreement(s) in
which the City give authorization to the Rosedale Gardens Civic Associa-
tion for the use of necessary portions of right-of-way in order to preserve
and maintain existing entrance markers and any subsequent entrance markers
that may be installed with approval of the City Planning Commission and
the Bureau of Inspection in the Rosedale Gardens Subdivision on and along
Plymouth Road; and the Mayor and City Clerk are hereby authorized to
affix their signatures to the aforesaid agreement(s) for and on behalf of
the City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
By Councilman Brown, seconded by Councilman Ventura, it was
#604-73 RESOLVED, that having considered a communication from the City
Planning Commission received by the City Clerk on June 29, 1973, which
transmits its resolution No. 6-151-73 wherein the Commission did repeal
the existing pro1-tsions of Part I of the Master Plan of the City of
Livonia, the Master Thoroughfare Plan, and adopt a new Master Thoroughfare
Plan, the Council does hereby determine to acknowledge and certify the
receipt of same.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
13870
By Councilman Raymond, seconded by Councilman Ventura, and unanimously
adopted,it was
#605-73 RESOLVED, that having considered a communication from the Library
Commission dated June 13, 1973, approved for submission by the Mayor Pro
Tem, and submitted pursuant to Council resolution No. 358-73, in connection
with a feasibility study for a Main Public Library to be operated as a
separate and new building to be constructed in the Civic Center area, the
Council does hereby determine to refer this matter to the Capital Improve-
ment Committee for its report and recommendation.
By Councilman Ventura, seconded by Councilman McCann, it was
#606-73 RESOLVED, that having considered a communication from the Depart-
ment of Law dated July 11, 3973 and approved for submission by the Mayor,
with regard to a proposed 10-year lease agreement between the City of
Livonia and Dimitrios Gotsis and Sylvia Gotsis, his wife, for property
situated at 33251 Five Mile Road, Livonia, Michigan, commonly referred to
as "The Golden Lantern Restaurant," the Council does hereby authorize the
Mayor and City Clerk to execute the said lease in behalf of the City of
Livonia, subject lease to be entered into based upon the terms and condi-
tions provided in the form of lease agreement heretofore submitted by the
Department of Law under date of July 11, 1973; provided, however, that the
action taken herein is made contingent upon and subject to the conveyance
of this property to the City of Livonia by the Wayne County Road Commis-
sion in the manner indicated in the aforesaid communication.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Ventura, Raymond, McCann, Bennett, Brown and Nash.
NAYS: Milligan.
The President declared the resolution adopted.
By Councilman Milligan, seconded by Councilman Ventura, it was
#607-73 RESOLVED, that having considered a communication from the Depart-
ment of Law dated July 17, 1973 transmitting for acceptance a Quit Claim
Deed executed on June 15, 1973 by Samuel Zawideh and Alice Zawideh, his
wife conveying to the City a right-of-way across Seven Mile Road which
right-of-way is more particularly described as:
The North 60 feet of that part of the N. E.
1/4 of Section 11, T. 1 S., R. 9 E., City of
Livonia, Wayne County, Michigan, described as
beginning at a point on the N. Section line
distant S. 89° 52' W, 1093.37 ft. from the N. E.
corner of Section 11 and proceeding thence S.
O" 03' E, 658.38 ft. ; thence S. 89° 52' W, 125 ft.;
thence N. 0° 03' W, 658.38 ft. , thence N. 89° 52'
E. 125 ft. to the point of beginning. (Bureau of
Taxation Parcel 11Allb, Al2a) (7 Mile Road R.O.W.)
13871
the Council does hereby for and in behalf of the City of Livonia 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, further, the Council does hereby authorize the Mayor
and City Clerk to execute a Quit Claim Deed in behalf of the City of Livonia
wherein the City conveys the right-of-way received herein from Samuel
Zawideh and Alice Zawideh, his wife, to the Wayne County Road Commission
and for this purpose the Council does hereby request the Department of Ltw
to prepare the aforesaid Quit Claim Deed and to do all other things neces-
sary or incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
By Councilman Milligan, seconded by Councilman Ventura, it was
##608-73 RESOLVED, that having considered a communication from the Depart-
ment of Law, dated July 2, 1973, submitted pursuant to council resolution
No. 256-73 and transmitting for acceptance Deed No. 102354 executed on
June 13, 1973 by the Department of Natural Resources for the State of
Michigan by David H. Jenkins, Deputy Director, conveying to the City of
Livonia certain property which property is more particularly described as :
Lot Thirty (30) except the North Fifty (50) feet thereof.
According to the Plat thereof. City of Livonia -
Woodlands Village
"It is expressly understood that when the above
property is no longer needed by the Grantee and
sold for a valuable consideration, the proceeds
from any such sale, in excess of expenditures
for acquisition or improvement, shall be accounted
for to the local units of Government pro rata
according to their several interests therein arising
from the non-payment of taxes and special assess-
ments thereon as such interests shall appear in the
offices of the State Treasurer, County, City,
Village or Township Treasurers."
the Council does hereby for and in behalf of the City of Livonia accept the
aforesaid Deed No. 102354 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 forfgoing resolution with the following result.
AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
13872
By Councilman Milligan, seconded by Councilman Ventura, it was
##609-73 RESOLVED, that having considered a communication from the Depart-
ment of Law dated July 2, 1973 transmitting for acceptance a Grant of
Easement secured in connection with the development of the proposed Wickes
Retail Furniture Facility, which document is more particularly described
as:
Grant of Easement dated June 8, 1973 executed
by Stolon H. Moore and Lillian A. Moore, his wife,
granting to the City an easement which easement is
more particularly described as. the East 12' of the
E. 90 feet of the N. W. 1/4 of the S. W. 1/4 of the
N. E. 1/4 of the N. E. 1/4 of Section 11, T. 1 S.,
R. 9 E., City of Livonia, Wayne County, Michigan,
except the south 30 feet thereof.
(Bureau of Taxation Parcel 11A13b)
the Council does hereby for and in behalf of the City of Livonia accept
the aforesaid Grant of Easement 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: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS* None.
By Councilman Bennett, seconded by Councilman Brown, it was
#610-73 RESOLVED, that having considered a communication from the Depart-
ment of Law, dated July 12, 1973, transmitting for Council acceptance a
Grant of Easement executed on June 25, 1973 by Robert L. Allison and Irene
Allison, his wife, granting to the City an easement for the purpose of
installing and maintaining a sanitary sewer which easement is more
particularly described as follows:
The South 4 feet of the north 10 feet
Lot 142, Brightmoor Home Acres Subdivision, as
recorded in Liber 51, Page 1, Wayne County
Records, said subdivision being of part of the S.W.
1/4 of Section 15, T. 1 S., R. 9 E., Livonia
Township, (now City of Livonia) Wayne County,
Michigan.
the Council does hereby for and in behalf of the City of Livonia accept
the aforesaid Grant of Easement 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.
13873
A roll call vote was taken on the foregoing resolution with the following result:
AYES : Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
The item on the agenda with respect to the proposed street improvement on
Jamison Avenue, between Middlebelt and Harrison, was removed and will appear on the
agenda for the Study Session to be conducted on July 30, 1973.
By Councilman Ventura, seconded by Councilman Brown, and unanimously
adopted, it was
#611-73 WHEREAS, pursuant to the d:.rection of the City Council in its
resolution No. 414-73, adopted on May 17, 1973, and in accordance with
Section 2-514 of the Livonia Code of Ordinances, as amended, the City
Assessor of the City of Livonia has prepared, reported and certified to
the Council under date of July 17, 1973 an assessment roll dated July 13,
1973 covering the proposed street lighting improvement with ornamental
poles and underground wiring on Sears Avenue, Section 26, City of Livonia,
Wayne County, Michigan, containing the special assessments to be assessed
and levied, respectively, in the proposed special assessment district
heretofore established for the construction and operation of the proposed
improvement in said district as designated in Council resolution No.
414-73;
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted
by the City Council; that it is hereby ordered to be filed in the office
of the City Clerk for public examination; that the City Clerk be and
hereby is directed to give the notice required by the provisions of Section
2-511 of the Livonia Code of Ordinances, as amended, to wit: that the
assessment roll has been made and filed in the office of the City Clerk
for public examination and that the City Council of the City of Livonia
will meet in the City Hall in said City, 33001 Five Mile Road on Monday,
September 10, 1973 at 8:00 P. M. to review the said special assessment roll
at which time and place opportunity will be given to all interested
persons to be heard,
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior
to the aforesaid date of September 10, 1973; the City Clerk is also
directed to give notice of said hearing by sending written notice hereof
by first class mail to each and every property owner in the proposed
assessment district as their respective names and addresses appear on the
most current assessment roll in the City Assessor's office.
13874
By Councilman Brown, seconded by Councilman McCann, it was
#612-73 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated April 18, 1973 on all matters required by Sections
2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first
public hearing having been held thereon on July 9, 1973, after due notice
as required by Section 2-507 of said Code, and careful consideration
having been given to all such matters, the Council does hereby, pursuant
to Section 2-508 of said Code;
(1) accept and approve said statement in all respects;
(2) determine to make the improvement consisting of the
installation of ornamental street lighting with
underground wiring in Bobrich Subdivision, Section
11, City of Livonia, Wayne County, Michigan, as
described in said statement; and defray the cost of
such improvement by special assessment upon the property
especially benefited in proportion to the benefits
derived or to be derived;
(3) approve the plans and specifications for the improve-
ment as set forth in said statement dated April 18, 1973,
(4) determine that the cost of such improvement shall be
paid by special assessment upon the property especially
benefited;
(5) determine that the assessment made for such improve-
ment shall be paid in annual installments, according
to said statement;
(6) designate the assessment district, describing the
land and premises upon which special assessments
shall be levied as follows :
A special assessment district located in the
S.E. 1/4 of Section 11, T. 1 S., R. 9 E., City
of Livonia, Wayne County, Michigan, being
more particularly described as Lots 1 through
21 both inclusive of proposed Bobrich Sub-
division, City of Livonia, Wayne County,
Michigan, and
A part of Bureau of Taxation Parcel 11MM3bl,
(7) direct the City Assessor to prepare a special
assessment roll in accordance with the Council's
determination on said statement as prepared by
the City Engineer dated April 18, 1973, and
13875
(8) that upon completion of said roll, the City
Assessor shall attach thereto the certificate
required by the provisions of Section 2-510 of
the Livonia Code of Ordinances, as amended, and
file the same with the City Clerk, who thereupon
is directed to present the same to the City Council
prior to the holding of the second public hearing
thereon pursuant to Title 2 Chapter 5 of the Livonia
Code of Ordinances.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, Milligan, McCann, Brown and Nash.
NAYS: Bennett.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Ventura, it was
#613-73 WHEREAS, pursuant to due and proper notice published and mailed
to all property owners in Special Assessment District No. 130 more
particularly described in Council resolution No. 408-73, adopted on May 16,
1973, 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 City Assessor to cover the district in
which street lighting is to be installed, such roll having been prepared
on the basis of street lighting being installed in Parkview Estates Subdi-
vision in said Special Assessment District No. 130;
NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine that said street lights shall be installed with ornamental poles
and underground wiring and that the assessments set forth in said Special
Assessment District No. 130 Roll are fair and equitable and based upon
benefits derived in said district, in accordance with the plans of the
City Engineer and resolutions of the City Council, said Special Assessment
Roll No. 130 based on installation of ornamental poles and underground
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 transmitted 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.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Ventura, Raymond, Milligan, McCann, Brown and Nash.
NAYS: Bennett.
The President declared the resolution adopted.
13876
By Councilman Brown, seconded by Councilman McCann, it was unanimously
adopted,
#614-73 WHEREAS, pursuant to due and proper notice published and mailed
to all property owners in Special Assessment District No. 131 more
particularly described in Council resolution No. 409-73, adopted on May 16,
1973, 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 City Assessor to cover the district in
which street lighting is to be installed, such roll having been prepared
on the basis of street lighting being installed in Livonia Industrial
Park Subdivision No. 1 and 2 and Farmington-Plymouth Industrial Complex
Subdivision in said Special Assessment District No. 131;
NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine that said street lights shall be installed with ornamental poles
and underground wiring and that the assessments set forth in said Special
Assessment District No. 131 Roll are fair and equitable and based upon
benefits derived in said district, in accordance with the plans of the
City Engineer and resolutions of the City Council, said Special Assess-
ment Roll No. 131 based on installation of 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.
By Councilman Bennett, seconded by Councilman Brown, and unanimously
adopted, it was
#615-73 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 September 10, 1973 at
8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia,
Michigan, with respect to the following items:
1. Petition No. 73-4-1-16 submitted by Charest,
Clancy and Katulski for a change of zoning of
property located on the east side of Middlebelt
Road south of Morlock in the Northwest 1/4
of Section 1, from RUF to C-2, the City
Planning Commission in its resolution No.
5-133-73 recommended to the City Council
that Petition No. 73-4-1-16 be denied;
13877
2. Petition No. 73-4-1-17 submitted by Anthony R.
Zaguroli for a change of zoning of property
located on the east side of Middlebelt Road
between Clarita and Pickford in the Northwest
1/4 of Section 12, from RUF to C-1, the City
Planning Commission in its resolution No.
5-134-73 recommended to the City Council
that Petition No. 73-4-1-17 be denied;
3. Petition No. 73-5-1-19 submitted by Michael
J. Talbot, Attorney for Barbara Saperstein,
for a change of zoning of property located on
the north side of Joy Road between Newburgh
and Stonehouse in the Southeast 1/4 of Section
31,from R-1 to R-7, the City Planning Com-
mission in its resolution No. 6-146-73 recom-
mended to the City Council that Petition No.
73-5-1-19 be approved,
4. Petition No. 73-3-1-14 submitted by Marshall
R. Lapin, D.D.S. for a change of zoning of
property located on the west side of Houghton,
south of West Chicago in the Southeast 1/4 of
Section 31, from R-1 to P, the City Planning
Commission in its resolution No. 5-140-73
recommended to the City Council that Petition
No. 73-3-1-14 be denied;
further, the City Clerk is hereby requested to no less than fifteen (15)
days prior to the aforesaid date of said public hearing to cause to have
a statement indicating 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 (15) 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.
By Councilman Bennett, seconded by Councilman Raymond, it was
#616-73 RESOLVED, that having considered a communication dated May 3,
1973 from the City Planning Commission which sets forth its resolution No.
3-69-73 with regard to Petition No. 73-2-6-3 submitted by the City Plan-
ning Commission, initiated by Council resolution No. 81-73, to amend.
Sections 27.04 and 29.04 of Ordinance No. 543, the Zoning Ordinance of the
City of Livonia, so as to provide for designation of minimum and maximum
height and story limitations for buildings located in the R-8 and R-9
Zoning Districts, and the Council having conducted a public hearing with
regard to this matter on July 9, 1973, pursuant to Council resolution No.
410-73, the Council does hereby concur with the recommendation of the Plan-
ning Commission and the said Petition No. 73-2-6-3 is hereby approved and
granted; and the Department of Law is requested to prepare an ordinance
amending Ordinance No. 543, as amended, in accordance with this resolution.
13878
LA roll call vote was taken on the foregoing resolution with the following result
AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
By Councilman Brown, seconded by Councilman Ventura, it was
#617-73 RESOLVED, that having considered a communication dated May 1,
1973 from the City Planning Commission which sets forth its resolution No.
4-84-73 with regard to Petition No. 73-3-6-5 submitted by the City Plan-
ning Commission to amend Section 2.08, Definition of Terms relating to
Commercial Buildings and Uses, of Ordinance No. 543, the Zoning Ordinance
of the City of Livonia, by adding paragraphs (17) Warehouse and (18) Stor-
age, to provide for definitions of same, and Section 2.10, Definitions of
Miscellaneous Terms, so as to revise the definitions of travel trailer,
and the Council having conducted a public hearing with regard to this
matter on July 9, 1973, pursuant to Council resolution No. 410-73, the
Council does hereby concur with the recommendation of the Planning Com-
mission and the said Petition No. 73-3-6-5 is hereby approved and granted,
and the Department of Law is requested to prepare an 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:
LAYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS. None.
By Councilman Bennett, seconded by Councilman McCann, it was
#618-73 RESOLVED, that having considered a communication dated May 1,
1973 from the City Planning Commission which sets forth its resolution No.
4-83-73 with regard to Petition No. 73-1-6-4 submitted by the City Plan-
ning Commission on its own motion to determine whether or not to amend
Section 22.04, Permit Fees, of Ordinance No. 543, the Zoning Ordinance of
the City of Livonia, so as to revise the present fees and to establish a
zoning compliance permit fee schedule for the C-3, C-4, P.O., R-8 and R-9
Zoning Districts, and the Council having conducted a public hearing with
regard to this matter on July 9, 1973, pursuant to Council resolution No.
410-73, the Council does hereby concur with the recommendation of the
Planning Commission and the said Petition No. 73-1-6-4 is hereby approved
and granted; and the Department of Law is requested to prepare an ordi-
nance 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.
L AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
13879
By Councilman Raymond, seconded by Councilman Milligan, it was
#619-73 RESOLVED, that having considered a communication dated May 1,
1973 from the City Planning Commission which sets forth its resolution No.
4-85-73 with regard to Petition No. 73-3-6-6 submitted by the City Plan-
ning Commision on its own motion to determine whether or not to amend
Section 4.02, 5.02 and 7.02, Permitted Uses, of Ordinance No. 543, the
Zoning Ordinance of the City of Livonia, so as to amend the requirements
relating to accessory uses in residential districts, and the Council hav-
ing conducted a public hearing with regard to this matter on July 9, 1973,
pursuant to Council resolution No. 410-73, the Council does hereby concur
with the recommendation of the Planning Commission and the said Petition
No. 73-3-6-6 is hereby approved and granted; and the Department of Law is
requested to prepare an 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: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
By Councilman Milligan, seconded by Councilman McCann, and unanimously
adopted, it was
#620-73 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, September 10,
1973 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia,
Michigan, with respect to the following items:
1. Petition No. 73-5-6-11 submitted by the City
Planning Commission on its own motion to
determine whether or not to amend Sections
2.10, 14.02, 15.02, 16.02, 16.11 and 17.02
pertaining to the controls and regulations of
the industrial districts, the City Planning
Commission having in its resolution No.
6-150-73 recommended to the City Council
that Petition No. 73-5-6-11 be approved;
2. Petition No. 73-4-6-10 submitted by the City
Planning Commission pursuant to Council re-
solution No. 230-73 to amend Article XIV of
Ordinance No. 543, the Zoning Ordinance of
the City of Livonia, by adding Section 14.C6,
Site Plan Review and Approval, and by amend-
ing Section 14.07, Waiver Uses, so as to
provide for more permitted uses in the R-E
Zoning District, the City Planning Commission
having in its resolution No. 5-138-73 recommend-
ed to the City Council that Petition No. 73-4-6-10
be approved;
13880
further, the City Clerk is hereby requested to no less than fifteen (15)
days prior to the aforesaid date of said public hearing to cause to have
a statement indicating the nature of the proposed amendments to the Zoning
Ordinance as set forth above first to be published in the official news-
paper of the City of a newspaper of general circulation in the City of
Livonia as well as to not less than fifteen (15) days prior to said public
hearing cause to have notice to be given by registered mail to each public
utility company and 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.
By Councilman Ventura, seconded by Councilman Bennett, it was
#621-73 RESOLVED, that having considered a communication from the City
Planning Commission dated June 26, 1973, which transmits its resolution No.
5-137-73, wherein the Commission did amend Part V of the Master Plan of the
City of Livonia, entitled "The Master School and Park Plan", so as to
delete property located approximately 300 feet north of Greenwood Farms,
west of Newburgh Road in the East 1/2 of Section 18, the Council does hereby
determine to acknowledge and certify receipt of the same.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman McCann, it was
#622-73 RESOLVED, that having considered a communication from the City
Planning Commission dated June 22, 1973, which transmits its resolution No.
5-139-73, wherein the Commission did amend Part I of the Master Plan of
the City of Livonia, the Master Thoroughfare Plan, so as to delete the
planned future location of West Chicago across Tax Parcel 32H1a3a, the
Council does hereby determine to acknowledge and certify receipt of the same.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Raymond, it was
#623-73 RESOLVED, that having considered the letter from the Michigan
Liquor Control Commission dated May 29, 1973, and the report and recommenda-
tion dated July 5, 1973 from the Chief of Police in connection therewith,
the Council does hereby approve of the request from Kell and Phyllis S.
Meade for a new SDM License to be located at 27560-70 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.
13881
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS : None.
The communication from the Water and Sewer Board, dated June 27, 1973,
relative to the 1973 Miscellaneous Water Main Improvement Program, was received and
filed for the information of the Council.
The following resolution was unanimously introduced, supported and adopted:
#624-73 RESOLVED, that having considered a letter from the Denmar
Estates Civic Association, Social Committee, dated July 11, 1973, request-
ing permission to hold its Annual Street Dance, the Council does hereby
grant permission to the Denmar Civic Association, Social Committee , to
conduct its Annual Street Dance on Brookview Avenue between Parklane and
Woodside from 8:30 P. M. to 1:30 A.M. on Saturday, July 28, 1973; subject
to the approval of the Police Department.
By Councilman Brown, seconded by Councilman Raymond, it was
RESOLVED, that having considered a communication dated April 3,
1973 from the City Planning Commission which transmits its resolution No.
3-51-73 with regard to Petition No. 72-11-3-15 submitted by D & K
Enterprises, Clair-Ann Company and Livonia National Bank requesting to
vacate a portion of Woodring Avenue located between the branch of Livonia
National Bank and the parking lot on the east side of Woodring, north of
Five Mile Road in the Southwest 1/4 of Section 15, City of Livonia, Wayne
County, Michigan, the Council does hereby determine to concur with the
City Planning Commission and deny Petition No. 72-11-3-15 for the same
reasons as those set forth in the aforesaid action of the City Planning
Commission.
By Councilman Raymond, seconded by Councilman Brown, it was
RESOLVED, that having considered a communication dated April 3,
1973 from the City Planning Commission which transmits its resolution No.
3-51-73 with regard to Petition No. 72-11-3-15 submitted by D & K
Enterprises, Clair-Ann Company and Livonia National Bank requesting to
vacate a portion of Woodring Avenue located between the branch of Livonia
National Bank and the parking lot on the east side of Woodring, north of
Five Mile Road in the Southwest 1/4 of Section 15, City of Livonia, Wayne
County, Michigan, the Council does hereby determine to refer this matter
to the Planning Department for preparation of a general parking study for
this area.
A roll call vote was taken on the motion to refer with the following result:
AYES: Raymond and Brown.
NAYS: Ventura, Milligan, McCann, Bennett and Nash.
The President declared the motion to refer DENIED.
13882
A roll call vote was taken on the original resolution with the following result:
lig
AYES: Raymond and Brown.
NAYS: Ventura, Milligan, McCann, Bennett and Nash.
The President declared the resolution DENIED.
By Councilman Ventura, seconded by Councilman Brown, it was
##625-73 RESOLVED, that having considered a communication dated April 3,
1973 from the City Planning Commission which transmits its resolution No.
3-51-73 with regard to Petition No. 72-11-3-15 submitted by D & K
Enterprises, Clair-Anil Company and Livonia National Bank requesting to
vacate a portion of Woodring Avenue located between the branch of Livonia
National Bank and the parking lot on the east side of Woodring, north of
Five Mile Road in the Southwest 1/4 of Section 15, City of Livonia, Wayne
County, Michigan, the Council does hereby determine to refer this matter
to the Study Session to be conducted on July 30, 1973.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, McCann and Brown.
NAYS: Milligan, Bennett and Nash.
The President declared the resolution adopted.
By Councilman Milligan, seconded by Councilman Brown, it was
#626-73 RESOLVED, that having considered a communication from the Mayor
dated March 23, 1973, to which is attached a communication from the Chief
of Police dated March 21, 1973, with regard to the need to purchase and
install a new generator at the Livonia Police Headquarters Building,
which auxiliary power plan would enable the Police Division to maintain
operations during power failure and the Council having also considered a
communication dated June 13, 1973 from the senior electrical inspector in
connection with this matter, the Council does hereby authorize the Budget
Director and the Chief of Police to do all things necessary in accordance
with provisions of Law and City Ordinance in order to obtain bids for the
installation of a 150 kw Generator to be located in the rear of the Police
Headquarters Building with a cyclone cage and automatic transfer switch.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
By Councilman Milligan, seconded by Councilman Brown, it was
13883
#627-73 RESOLVED, that having considered a communication from the Mayor
dated March 23, 1973, to which is attached a communicatIon from the Chief
of Pol.Lce dated March 21, 1973, with regard to the need to purchase and
install a new generator at the Livonia Police Headquarters Building, which
auxiliary power plantwould enable the Police Division to maintain opera-
tions during power failure and the Council having also considered a
communication dated June 13, 1973 from the senior electrical inspector in
connection with this matter, the Council does hereby authorize the Budget
Director and the Chief of Police to do all things necessary in accordance
with provisions of Law and City Ordinance in order to obtain bids for the
purpose of repairing the existing 25 kw Generator System at the Police
Headquarters Building in comdiance with Civil Defense requirements
established in this regard.
A roll call vote was taken on the foregoing resolution with the following result:
AYES : Ventura, Raymond, Milligan, ncCann, Bennett, Brown and Nash.
NAYS: None.
By Councilman Milligan, seconded by Councilman Brown, it was
#628-73 RESOLVED, that having considered a communication from the Mayor
dated March 23, 1973, to which is attached a communication from the Chief
of Police dated March 21, 1973, with regard to the need to purchase and
install a new generator at the Livonia Police Headquarters Building,
which auxiliary power plant would enable the Police Division to maintain
operations during power failure and the Council having also considered a
communication dated June 13, 1973 from the senior electrical inspector in
connection with this matter, the Council does hereby authorize the Budget
Director and the Chief of Police to do all things necessary in accordance
with provisions of Law and City Ordinance in order to obtain bids for the
repair and renovation of the existing ventilating system at the Police
Headquarters Building.
A roll call vote was taken on the foregoing resolution with the following result.
AYES:
Vperialymaiddlieltin, McCann, Bennett, Brown and Nash.
NAYS: None.
have a
By Councilman Milligan, seconded by Councilman Brown, it was
#629-73 RESOLVED, that the Council does hereby request that the Mayor
submit a report and recommendation on the administration establishing an
effective preventive maintenance procedure and activity within the exist-
ing organizational structure of the City so as to assure that mechanical
and electrical systems situated in all City-owned and operated buildings
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
13884
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#630-73 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.
The item on the agenda with respect to the request of John Del Signore to
operate a restaurant within 1,000 feet from another such establishment at 32030
Plymouth Road, was removed and will be considered at the Regular Meeting to be
conducted on August 15, 1973.
By Councilman Milligan, seconded by Councilman Raymond, and unanimously
adopted, it was
#631-73 RESOLVED, that having considered the report and recommendation of
the Legislative Committee dated July 10, 1973 and submitted pursuant to
Council resolution No. 11-71 with respect to the Parental Responsibility
Ordinance, the Council does hereby determine to take no further action at
this time.
Councilman Milligan gave first reading to the following Ordinance:
AN ORDINANCE AMENDING THE LIVONIA
CODE OF ORDINANCES, AS AMENDED, OF THE
CITY OF LIVONIA, BY ADDING CHAPTER 5
(TO REGULATE THE OPERATION, LANDING, AND
TAKE-OFFS OF HELICOPTERS) TO TITLE 6
THEREOF.
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 Milligan, seconded by Councilman Bennett, and unanimously
adopted, it was
#632-73 RESOLVED, that having considered the report and recommendation of
the Legislative Committee dated July 10, 1973 and submitted pursuant to
Council resolution No. 9C6-72, with regard to a communication from the
Department of Law dated September 14, 1972 in connection with a proposed
13885
Lamendment to the Livonia Code of Ordinances which would require the
licensing and regulating of steam, sauna and massage parlors, the Council
does hereby determine to refer this matter back to the Department of Law
for review and possible revision of the said Ordinance, and thereafter
submission of a new proposed Ordinance for further consideration by
Council.
By Councilman Milligan, seconded by Councilman Ventura, it was
RESOLVED, that having considered the report and recommendation
of the Legislative Committee dated July 10, 1973 and submitted pursuant
to Council resolution No. 2:;8-73 with regard to a communication dated
December 29, 1972 from the City Planning Commission which sets forth its
resolution No. 11-320-72 with regard to Petition No. 72-10-6-11 submitted
by the City Planning Commission, initiated by Council resolution No.
684-72, so as to provide that delicatessens and/or carry-out restaurants
shall be permitted only as a waiver use in C-2 Districts in lieu of being
a permitted use in C-1 Districts, and the Council having conducted a
public hearing with regard to this matter on March 5, 1973, pursuant to
Council resolution No. 41-73, the Council does hereby determine to reject
the recommendation of the City Planning Commission and the said Petition
No. 72-10-6-11 is hereby denied.
L A roll call vote was taken on the foregoing resolution with the following result.
AYES: Ventura, Milligan and Bennett.
NAYS: McCann, Raymond, Brown and Nash.
The President declared the resolution DENIED.
At the direction of the Chair, the item on the agenda with respect to
proposed amendment to Ordinance No. 543 so as to provide that delicatessens and/or
carry-out restaurants shall be permitted only as a waiver use in C-2 Districts in
lieu of being permitted use in C-1 Districts (Petition 72-10-6-11), was removed and
will be considered at the Study Session to be conducted on July 30, 1973.
By Councilman Milligan, seconded by Councilman Raymond, and unanimously
adopted, it was
#633-73 RESOLVED, that having considered the report and recommendation
of the Legislative Committee dated July 10, 1973 and submitted pursuant
to Council resolution No. 462-73 with regard to amending Title 5, Chapter
14 of the Livonia Code of Ordinances, known as the Ordinance governing
Garage, Yard, Basement and Rummage Sales, the Council does hereby deter-
mine to refer this matter back to the Department of Law for the prepara-
tion of an amendment to Section 5-1407 which would read as follows:
13886
L Signs. One-sign may be erected advertising such sale on
the premises of the sale during the period of such sale.
(1) Said sign shall not be in excess of six
square feet and shall not be illuminated
in any manner whatsover except in-
cidentally by street lights or house lights.
(2) One sign may be erected within the right-
of-way but not including the traveled
portion of a main thoroughfare of the City
during the period of the sale as herein-
before provided.
(3) Under no circumstances shall any signs be
attached to any tree or traffic control
device on any publ c land or right-of-way
either by nail, screw, wire, cord or by
any manner whatsoever.
By Councilman Milligan, seconded by Councilman Ventura, and unanimously
adopted, it was
L #634-73 RESOLVED, that having considered the report and recommendation of
the Legislative Committee dated July 18, 1973 and submitted pursuant to
Council resolutions No. 343-69, 431-69 and 836-70 with regard to certain
communications from the City Planning Commission which submitted certain
recommendations relating to Petitions No. 68-10-6-10 and 70-3-6-3,
regarding amendments for revisions to sign regulations in the Zoning
Ordinance, the Council does hereby determine to refer these matters to
the Department of Law for the preparation of an Ordinance amendment to
the Zoning Ordinance which would include suggested revisions by the Legis-
lative Committee, such Ordinance upon preparation to thereafter by trans-
mitted to the City Planning Commission for the purpose of conducting a
Public Hearing and thereafter submission of a report and recommendatialto
Council in accordance with the provisions set forth in Section 23.01(a) of
the Livonia Zoning Ordinance.
Councilman Milligan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 26.04 AND
26.05 ARTICLE XXVI OF ORDINANCE NO. 543,
AS AMENDED, KNOWN AND CITED AS THE "ZONING
ORDINANCE OF THE CITY OF LIVONIA."
(Petition 72-8-6-10)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Loffice 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.
13887
By Councilman Milligan, seconded by Councilman Ventura, and unanimously
ad-pted, it was
#635-73 WHEREAS: Senate Bill 191 has been introduced providing State
Licensing of bicycles with an annual fee of $3.00 to be collected by
the Secretary of State; and
WHEREAS, The Bill would prohibit local licensing of bicycles
and, with this high licensing fee, impose undue hardship and privation
on families with multiple bicycle users,
THEREFORE, BE IT RESOLVED. That the City Livonia opposes this
bill creating State Licensing of bicycles, and
BE IT FURTHER RESOLVED: That copies of this resolution be
sent to the Honorable William G. Milliken, Governor of the State of
Michigan, the Honorable Carl D. Pursell, Michigan State Senator, and
Honorable R. Robert Geake and John F. Markes, Michigan State
Representatives.
By Councilman Milligan, seconded by Councilman Raymond, it was
RESOLVED, that having considered the report and recommendation
of the Legislative Committee dated July 18, 1973 and submitted pursuant
to Council resolution No. 897-70, and the proposed amendment to the Zoning
Ordinance submitted by the Department of Law dated June 2, 1970 with
respect to Petition No. 69-8-6-18, which would purport to govern the
parking and storage of trailers, the Council does hereby determine to take
no further action at this time.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Raymond, Milligan and Bennett.
NAYS: Ventura, McCann, Brown and Nash.
The President declared the resolution DENIED.
By Councilman Bennett, seconded by Councilman Ventura, and unanimously
adopted, it was
#636-73 RESOLVED, that having considered the report and recommendation
of the Legislative Committee dated July 18, 1973 and submitted pursuant
to Council resolution No. 897-70, and the proposed amendment to the
Zoning Ordinance submitted by the Department of Law dated June 2, 1970
with respect to Petition No. 69-8-6-18, which would purport to govern
the parking and storage of trailers, the Council does hereby determine to
refer this matter and the entire question concerning amendments to the
Zoning Ordinance with respect to recreational vehicles to the Planning
Commission for its report and recommendation.
13888
Councilman Milligan gave first reading to the following Ordinance :
AN ORDINANCE AMENDING SECTIONS 3-418 AND
3-4C6, PARAGRAPH (2) OF CHAPTER 4 OF TITLE
3 (ANIMALS AND FOWL) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
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 Milligan, seconded by Councilman Ventura, and unanimously
adopted, it was
#637-73 RESOLVED, that having considered the report and recommendation of
the Legislative Committee dated July 18, 1973 and submitted pursuant to
Council resolution No. 530-72 with regard to a communication from the
Department of Law dated May 2, 1972 which transmits an amendment to Section
2.08(7) to the Livonia Code of Ordinances concerning the matter of dog
kennels, the Council does hereby determine to refer the same to the City
Planning Commission for the purpose of conducting a Public Hearing and
thereafter submission of a report and recommendation in accordance with the
provisions set forth in Section 23.01(a) of the Livonia Zoning Ordinance.
By Councilman Milligan, seconded by Councilman Bennett, and unanimously
adopted, it was
#638-73 RESOLVED, that having considered the report and recommendation of
the Legislative Committee dated July 18, 1973 and submitted pursuant to
Council resolution No. 459-73 concerning future amendments of the Motorcycle
Ordinance, the Council does hereby deuermine to take no further action at
this time.
The following resolution was unanimously introduced, supported and adopted:
#639-73 RESOLVED, that having considered a letter from the residents of
Loveland Avenue in Rosedale Subdivision dated July 20, 1973, requesting
permission to hold a block party, the Council does hereby grant permission
to the residents of Loveland Avenue to conduct a Block Party on Loveland
Avenue between West Chicago and Orangelawn from 6.00 P. M. to 11:00 P. M.
on Saturday, August 4, 1973, subject to the approval of the Police Depart-
ment.
By Councilman Bennett, seconded by Councilman Ventura, it was
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L #640-73 RESOLVED, that having considered a communication from Fouad
Karadshi, 35677 Leon, Livonia, Michigan, dated July 24, 1973 and based
upon the reasons set forth therein, the Council does hereby authorize the
Mayor and City Clerk to execute a Quit Claim Deed in behalf of the City
of Livonia conveying the following described property to the
Gilson Foundation, a Michigan Corporation and
Paul B. Barak, Administrator With Will Annexed
with testamentary power of sale under the Will of
David Goldberg, deceased, Wayne County Probate
Court No. 586-119;
such conveyance to be made for the nominal sum of One Dollar ($1.00),
Land in the City of Livonia, Wayne County, Michigan,
described as: Lot 30 except the north 50 feet, Woodlands
Village, a subdivision of part of the west 1/2 of the
southwest 1/4 of Section 29, town 1 south, range 9 east,
Livonia Township, Wayne County, Michigan, as recorded
in Liber 69, page 3 of plats, Wayne County Records;
and the Department of Law is hereby requested to do all things necessary
to fulfill the purpose of this resolution.
L A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
By Councilman Milligan, seconded by Councilman Bennett, it was
#641-73 RESOLVED, that having considered the report and recommendation
dated July 20, 1973, from the City Engineer, approved by the Director of
Public Works and approved for submission by the Mayor, the Council does
hereby amend Item No. 8 of Council Resolution No. 264-73, adopted on
April 4, 1973, so as to further reduLe the Financial Assurances now on
deposit with the City for General Improvements in Gold Manor Estates Sub-
division
ub-division to $132,500.00 of which at least $10,000.00 shall be in cash to
cover the cost of remaining improvements in said Subdivision, and the
Financial Assurances now on deposit with the City, if any, shall be
reduced accordingly; further, the Financial Assurance now on deposit with
the City for Sidewalk Improvements shall remain the same and unchanged,
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:
L AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
13890
By Councilman Milligan, seconded by Councilman Bennett, it was
#642-73 RESOLVED, that the Council of the City of Livonia, by a three-
fifths (3/5) vote of the members of the said Council, and pursuant to the
provisions of Section 21 of Act 279 of the Public Acts of Michigan of 1909,
as amended, does hereby propose that the Livonia City Charter be amended by
changing Sections 7 and 10 of Chapter V, by adding a new Section 17 to
Chapter V, and by changing Sections 2 and 7 of Chapter VII, which changed
sections and new section shall read as follows:
Chapter V, Section 7, Powers and Duties of Clerk.
(a) The Clerk shall be clerk of the Council and shall attend
all meetings of the Council and keep a permanent journal
of the proceedings in the English language,
(b) He shall keep a record of all ordinances, resolutions, and
actions of the Council;
(c) He shall have power to administer all oaths required by
State Law, this Charter, and the ordinances of the City;
(d) He shall be custodian of the City seal, and shall affix it
to all documents and instruments requiring the seal, and
shall attest the name;
(e) He shall be custodian of all papers, documents, and records
pertaining to the City of Livonia, the custody of which
is not otherwise provided for by this Charter;
(f) He shall give the proper officials of the City ample notice
of the expiration or termination of any official bonds,
franchises, contracts or agreements;
(g) He shall examine and audit all accounts and claims against
the City;
(h) He shall issue and sign all licenses granted after the
license fee has been paid to the City Treasurer, and shall
register the same;
(i) He shall possess and exercise the powers of a township
clerk so far as the same are required to be performed
within the City;
(j) He shall certify by his signature all ordinances and
resolutions enacted or passed by the Council;
(k) He shall perform such other duties as are required of him
by State or Federal Law, this Charter, the Council or the
ordinances of the City.
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Chapter V, Section 10. Administrative Departments. The followang
administrative departments are hereby established:
1. Department of Public Safety
2. Department of Public Works
3. Department of Assessment
4. Department of Law
5. Department of Parks and Recreation
6. Department of Civil Service
7. Department of Finance
The Council may create or abolish a Department of Health, and
such other departments, boards, commissions or agencies as it
may deem necessary in conformity with Law and the provisions
of this Charter. The Mayor, with the approval of the Council,
may combine any administrative offices in any manner not
inconsistent with State Law, and may thereafter separate any
offices thus combined, except that the Department of Civil
Service shall not be combined with any other department,
office or board.
Chapter V, Section 17. Department of Finance.
(a) Department of Finance Management and Control. The depart-
ment of finance shall be under the general management and
control of a Director of Finance, who, with the consent of
the Mayor, shall establish such divisions within his
department as shall be necessary to carry on the functions
of the department efficiently and adequately. The
Director of Finance shall be a certified public accountant,
and the appointing authority for his department. Each
division head shall be under the direction of and directly
responsible to the Director of Finance. The functions of
the department of finance shall include:
(1) Supervision over the administration of the
financial affairs of the City;
(2) The keeping of accounts and financial records of
the City and all departments and agencies of the
City government;
(3) Supervision and responsibility for the purchase,
custody and distribution of all the supplies,
materials, equipment and other articles used by
any office, department or agency of the City
government.
(4) The preparation of the annual budget(s) for the
Mayor.
The Director of Finance shall have the authority to do all
things that are necessary and incidental to carrying out
the functions of the department of finance.
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(b) Director. The Director of Finance shall be responsible
for and shall be required to:
(1) Submit to the Mayor and the Council a monthly
statement of all receiptsand disbursements in
sufficient detail to show the exact financial
condition of the City,
(2) Prepare for the Mayor and the Council within sixty
(60) days after the close of each fiscal year a
complete financial statement and report;
(3) Provide for the examination and approval of all
contracts, orders and other documents by which the
City government incurs financial obligation, having
previously ascertained that monies have been
appropriated and allotted and will be available
when the obligation shall become due and payable;
(4) Keep a system of accounts which shall conform to
such uniform system as may be required by law;
(5) He shall perform such other duties as may be
prescribed of him by State Law, this Charter, the
ordinances of the City, the Mayor or by the Council.
Chapter VII, Section 2. Financial Control. The Director of
Finance shall maintain such accounting control over the finances
of the City, make such financial reports and perform such other
duties as may be required by State Law, this Charter, the ordi-
nances of the City, the Mayor or by the Council. The City Clerk
shall audit and approve all liquidated claims against the City
and the Treasurer shall pay the same on duly certified vouchers.
Chapter VII, Section 7. Budget Control. At the beginning of each
quarterly period during the fiscal year, and more often if
required by the Council, the Director of Finance shall submit to
the Council data showing the relation between the estimated and
actual income and expenses to date; and if it shall appear that
the income is less than anticipated, the Council or Mayor may
reduce appropriations for any item or items, except amounts
required for debt and interest charges, to such a degree as may
be necessary to keep expenditures within the cash income. If the
revenues exceed the amounts estimated in the budget, the Council
may make supplemental appropriations.
RESOLVED FURTHER, that the provisions of the existing sections of the
Charter of the City of Livonia which are altered, abrogated or affected by
these proposals, if adopted, now read as follows:
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Chapter V, Section 7. Powers and Duties of Clerk.
(a) The Clerk shall be clerk of the Council and shall attend
all meetings of the Council and keep a permanent journal
of its proceedings in the English language;
(b) He shall keep a record of all ordinances, resolutions,
and actions of the Council;
(c) He shall have power to administer all oaths required by
State Law, this Charter, and the ordinances of the City,
(d) He shall be custodian of the City seal, and shall affix
it to all documents and instruments requiring the seal,
and shall attest the name;
(e) He shall be custodian of all papers, documents, and
records pertaining to the City of Livonia, the custody of
which is not otherwise provided for by this Charter;
(f) He shall give the proper officials of the City ample
notice of the expiration or termination of any official
bonds, franchises, contracts, or agreements;
(g) He shall examine and audit all accounts and claims
against the City;
(h) He shall be the genera], accountant 'of the City and shall
keep the books of account of the assets, receipts, and
expenditures of the City;
(i) He shall issue and sign all licenses granted after the
license fee has been paid to the City Treasurer, and shall
register the same;
(j) He shall possess and exercise the powers of a township
clerk so far as the same are required to be performed
within the City,
(k) He shall certify by his signature all ordinances and
resolutions enacted or passed by the Council;
(1) He shall perform such other duties as are required of
him by State or Federal law, this Charter, the Council or
the ordinances of the City.
Chapter V, Section 10. Administrative Departments. The
following administrative departments are hereby established:
1. Department of Public Safety
2. Department of Public Works
3. Department of Assessment
4+. Department of Law
5. Department of Parks and Recreation
6. Department of Civil Service
13894
The Council may create or abolish a Department of Health, and
such other departments, boards, commissions or agencies as it
may deem necessary in conformity with Law and the provisions
of this Charter. The Mayor, with the approval of the Council,
may combine any administrative offices in any manner not
inconsistent with State Law, and may thereafter separate any
offices thus combined, except that the Department of Civil
Service shall not be combined with any other department,
office or board.
Chapter VII, Section 2. Financial Control. The City Clerk shall
maintain such accounting control over the finances of the City,
make such financial reports and perform such other duties as may
be required by this Charter, by ordinances or by the Council. He
shall audit and approve all liquidated claims against the City
and the Treasurer shall pay the same on duly certified vouchers.
Chapter VII, Section 7. Budget Control. At the beginning of each
quarterly period during the fiscal year, and more often if
required by the Council, the Clerk shall submit to the Council
data showing the relation between the estimated and actual
income and expenses to date; and if it shall appear that the
income is less than anticipated, the Council or Mayor may reduce
appropriations for any item or items) except amounts required fur
debt and interest charges, to such a degree as may be necessary
to keep expenditures within the cash income. If the revenues
exceed the amounts estimated in the budget, the Council may make
supplemental appropriations.
RESOLVED further, that the purpose of the proposed amendment shall
be designated on the ballot as follows ;
City Charter amendment to Sections 7 and 10 of
Chapter V, adding a new Section 17 to Chapter V,
and amendment of Sections 2 and 7 of Chapter VII,
which would establish a Department of Finance,
provide for its duties and those of its Director,
and amend all portions of the subject Charter in
conformity therewith.
RESOLVED FURTHER, that the City Clerk shall forthwith transmit a
copy of the proposed amendment to the Governor of the State of Michigan
for his approval and transmit a copy of the foregoing statement of purpose
of such proposed amendment to the Attorney General of the State of
Michigan for his approval as provided by law.
RESOLVED FURTHER, that the proposed Charter amendment shall be and
the same is ordered to be submitted to the qualified electors of the City
at the Regular City Election to be held on November 6, 1973, and the City
Clerk is hereby directed to give notice of election and notice of
registration therefor in the manner prescribed by law and to do all things
and to provide all supplies necessary to submit such proposed Charter
amendment to the vote of the electors as required by law.
13895
RESOLVED FURTHER, that the proposed amendment shall be submitted
to the electors in the following form, to wit
Are you in favorof amending the City Charter so
as to establish a Department of Finance under the
general management and control of a Director to
be appointed by the Mayor, and to transfer the City
Clerk's function as a general accountant of the City
to the Director of Finance?
Ycs
No
RESOLVED FURTHER, that the proposed amendment shall be published
in full, together with the existing Charter provisions altered, abrogated
or affected thereby, at least once in the official newspaper of the City
of Livonia at least ten (10) days prior to said Regular City Election to
be held on November 6, 1973.
RESOLVED FURTHER, that the City Clerk be and is hereby ordered
and directed to post within the machine booths and in the polling places
in which said election is conducted, a verbatim statement of said proposed
amendment and to post and publish such other notices or copies of the
proposed amendment pertaining to the submission of said amendment in said
election as may be required by law and to do and perform all necessary
acts in connection with such election as may be required by law.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash.
NAYS: None.
*Councilman Nash was excused at 9:55 p. m.
By Councilman McCann, seconded by Councilman Ventura, it was
0643-73 RESOLVED, that Having considered a communication from the City
Planning Commission dated July 25, 1973, which transmits its resolution
No. 7-196-73, adopted by the Commission on July 24, 1973 with regard to
Petition No. 73-7-8-30 submitted by Bob Griffin, 33038 Five Mile Road,
requesting approval of all plans required by Section 18.47 submitted in
connection with a proposal to construct a commercial building for the
sale of sporting equipment on property located on the north side of Five
Mile Road between Shadyside and Woodring in Section 15, 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 Commis-
sion and Petition No. 73-7-8-30 is hereby approved , such approval to be
based upon the same conditions as those which are set forth in the afore-
said recommendation of the Planning Commission.
13896
LA roll call vote was taken on the foregoing resolution with the following result:
AYES• Ventura, Raymond, Milligan, McCann, Bennett and Brown.
NAYS: None.
*Councilman Nash returned at 9:56 p. m.
By Councilman Milligan, seconded by Councilman Ventura, and unanimously
adopted, this 765th regular meeting of the Council of the City of Livonia, was duly
adjourned at 9.58 p. m., July 25, 1973.
ADDISON W. Ilillairk.