HomeMy WebLinkAboutCOUNCIL MINUTES 1965-02-24 Page 7019
MINUTES uF T-II FOUR HUNDRED EIGHTY-THIRD REGULAR MEETING
OF THE CuUNCIL O UiE CITY uF LIVONIA
On February 24, 1965, 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 8:14 P. M.. Councilman Daugherty delivered the invocation.
Roll was called with the following result: Present--Rudolf R. Kleinert, John T.
Daugherty, Daniel C. Allen, John F. Dooley and James R. McCann. Absent--*Edward H.
McNamara and *Peter A. Ventura.
Elected and appointed officials present: Addison W. Bacon, City Clerk;
Steve Polgar, City Attorney; Harry C. Tatigian, first Assistant City Attorney; Robert A.
Shaw, Director of Public Works; Victor C. Phillips, Budget Director, Don Hull, City
Planner; Thomas J. Griffiths, Jr., Chief Accountant, William J. Strasser, Chief City
LEngineer; John Dufour, Superintendent, Parks and Recreation; and Captain Michael
Vorgitch, Police Department.
By Councilman Dooley, seconded by Councilman McCann and unanimously
adopted, it was
#151-65 RESOLVED that, the minutes of the 482nd regular meeting of the
Council of the City of Livonia, held February 17, 1965, are hereby approved.
An Ordinance to Regulate the Speed and Operation of Railroad Trains Within
the City of Livonia, introduced by Councilman McCann on February 10, 1965, was taken
from the table and a roll call vote conducted thereon with the following result:
AYES: Daugherty, Allen, Dooley and McCann.
NAYS: Kleinert,
The President declared the foregoing Ordirance duly adopted and would become effective
on publication.
LBy Councilman Dooley, seconded by Councilman Allen and unanimously
adopted, it was
Page 7020
#152-65 RESOLVED that, having considered a communication dated February 12,
1965, from Hearthstone Homeowners Association, regarding the existence of
certain problems in that area, the Council does hereby refer the same to
the Chief City Engineer for his report and recommendation it connection
with the flooding that has resulted from the Upper Rouge River, and what
modes of action are available in order to improve this situation, further,
the Chief City Engineer is requested to submit his report and recommendation
on the steps that would be necessary to install sidewalks on Brentwood
Street from Pembroke in a southerly direction to the Botsford School.
$y Councilman Daugherty, seconded by Councilman Allen and unanimously
adopted, it was
#153-65 RESOLVED that, having considered the communication dated February 12,
1965, from the Hearthstone homeowners Association, regarding the existence
of polluted waters in the Upper Rouge River in the Hearthstone Subdivision
of the City of Livonia, the Courcil does hereby request that the State
Health Commissioner conduct an investigation of this situation, particularly
with regard to the possibility of such pollution being the result of
improper treatment of sewerage and sewage in Farmington Township, Oakland
County; and the City Clerk is hereby requested to forward certified copies
of this resolution to the State Health Commissioner and the Wayne County
Department of Health as well as the Oakland County Department of Health.
By Councilman Dooley, seconded by Councilman McCann, it was
#154-65 RESOLVED that, having considered a request dated February 16, 1965,
from Mr. James E. Mies, President of the Rosedale Gardens Corporation, a
Michigan non-profit corporation, regarding exceptions and modifications
from certain requirements prescribed in Ordinance No. 305, as amended, for
the construction of a club swimming pool on property commonly known as
9611 Hubbard Road, Livonia, Michigan, the Council does hereby grant the
requested exceptions and authorizes the issuance of a building permit to
construct said swimming pool on the aforesaid premises, the ordinance
requirements herein modified being as follows:
(a) Article II, Section 2(b), in lieu of limiting club membership
to Livonia residents, it shall he sufficient that members merely own
property in Livonia,
(b) Article II, Section 4(b) - waive requirement that site contain
at least two acres in area;
(c) Article II, Section 4(b) - waive requirement that such pool be
at least 400 feet from residences; and
(d) Article II, Section 7 - waive requirement that one parking space
be provided for each four members.
*Councilman Edward H. McNamara arrived at 8:25 P. M..
*Councilman Peter A. Ventura arrived at 8:27 P. M..
Page 7021
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Allen, Dooley, McNamara, McCann and Ventura.
NAYS: None.
*Councilman Kleinert abstained from voting under the provisions of Chapter IV,
Section 9, of the City Charter.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#155-65 RESOLVED that, having considered the petition received by the
City Clerk on February 10, 1965, from Dallas G. Marchand, and in accordance
with the provisions of Act 73 of the Public Acts of 1959, as amended, the
Council does hereby approve of dividing Lot 87 of Dutch Mill Gardens Sub-
division in the N. E. 1/4 of Section 24, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, so as to add the southerly 80 feet of Lot 87 to
Lot 86, the legal description of which will read as follows:
Lot 86 and the southerly 80 feet of Lot 87, Dutch Mill Gardens
Subdivision:
as shown on the map attached to the aforesaid petition 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.
By Councilman Ventura, seconded by Councilman Dooley and unanimously
adopted, it was
#156-65 RESOLVED that, having considered a communication dated February 1,
1965, from the Civil Service Commission, to which are attached letters
dated January 18, 1965, from the Chairman of the Board of Trustees of the
Livonia Employees Retirement System, and communications dated December 8 and
9, 1964, from the Civil Service Commission, as well as having considered
letters dated February 10, and 15, 1965 from William W. Brashear, and a
letter dated February 17, 1965, from the Department of Law, regarding an
inconsistency and ambiguity in the Retirement Ordinance, Ordinance No. 77,
as amended, the Council does hereby refer this matter to the Department of
Law for the preparation of an amendment to Ordinance No. 77, as amended,
for the purpose of eliminating the existing inconsistencies and ambiguities
with regard to deferred pensions; provided, however, that the Law Department
return such opinion by March 3, 1965.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
Page 7022
#157-65 RESOLVED that, having conisdered the report and recommendation
dated January 25, 1965, from the City Planning Commission in regard to
Petition No. Z-664, submitted by Mary and Michael Genson for change of
zoning on property located on the west side of Farmington Road and ap-
proximately 450 feet south of Seven Mile Road in the Northeast 1/4 of
Section 9, from RM to C-1, the Council does hereby concur with the recom-
mendation of the City Planning Commission and Petition Z-664 is hereby
approved and granted; and the City Planner is instructed to cause the neces-
sary map for publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and, upon receipt
of such map, the Department of Law is requested to prepare an ordinance
amending Ordinance No. 60 in accordance with this resolution.
By Councilman McCann, seconded by Councilman McNamara, it was
#158-65 RESOLVED that, having considered the report and recommendation
dated January 10, 1965, from the City Planning Commission, regarding
Petition Z-651a, initiated by the City Planning Commission on its own
motion for change of zoning on property located approximately 660 feet
east of Harrison and 400 feet North of Lyndon (if cut through) in the
Northeast 1/4 of Section 24 from RUFB to R-L-A, the Council does hereby
concur with the recommendation of the City Planning Commission and the
said Petition No. Z-651a is hereby approved and granted, and the City
Planner is instructed to cause the necessary map for publication to be
prepared indicating the zoning change herein approved and to furnish the
same to the Department of Law, and upon receipt of such map, the Department
of Law is requested to prepare an ordinance amending Ordinance No. 60 in
accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Allen, Dooley, McNamara, McCann and Kleinert.
NAYS: Ventura.
The President declared the resolution adopted.
By Councilman McNamara, seconded by Councilman McCann and unanimously
adopted, it was
#159-65 RESOLVED that, having considered the report and recommendation
dated January 11, 1965, of the City Planning Commission, in regard to
Petition Z-666, submitted by Douglass K. Fischer for change of zoning on
the south side of Broadmoor Avenue and approximately 182 feet west of
Harrison in the Southwest 1/4 of Section 13, from RUFB to R-1-A, the
Council does hereby concur with the recommendation of the City Planning
Commission and said Petition No. Z-666 is hereby approved and granted;
and the City Planner is instructed to cause the necessary map for publica-
tion to be prepared indicating the zoning change herein approved and to
furnish the same to the Department of Law and, upon receipt of such map,
the Department of Law is requested to prepare an ordinance amending
Ordinance No. 60 in accordance with this resolution.
By Councilman McNamara, seconded by Councilman Allen, it was
Page 7023
RESOLVED that, the Council having considered the recommendation
dated January 11, 1965, from the City Planning Commission regarding Petition
No. Z-670 for charge of zoning on the east side of Levan Road approximately
400 feet north of Schoolcraft, just west of Madonna Estates Subdivision,
in the Southeast 1/4 of Section 20 from R-3 to R-L-A, the Council does
hereby set Wednesday, March 31, 1965, at 7:30 p.m., as the date and time
for a public hearing on such proposed rezoning, which public hearing shall
be held before the Council in the City Hall, 33001 Five Mile Road, Livonia,
Michigan; and the City Clerk is hereby authorized to give notice of publica-
tion of such hearing as is required by Act 207 of the Public Acts of Michigan
of 1921, as amended, Section 4 (M.S.A. Section 5.2934, as amended), and
Section 20.01 of Ordinance No. 60, as amended by Ordinance 361; and further
the City Planner is requested to furnish such assistance and information
as may be required to the City Clerk in this regard.
By Councilman Ventura, seconded by Councilman Daugherty, it was
#160-65 RESOLVED that, having considered the report and recommendation
dated January 11, 1965, from the City Planning Commission, in regard to
Petition No. Z-670, initiated by the City Planning Commission on its own
motion for change of zoning on the east side of Levan Road approximately
400 feet north of Schoolcraft Road, just west of Madonna Estates Sub-
division in the Southeast 1/4 of Section 20 from R-3 to R-1-A, the Council
does hereby lay this matter on the table until such time as a final
determination in the case of Frank Winton et al vs City of Livonia et al
(Docket No. 30828) has been made in the Circuit Court for the County of
Wayne (and in the event the same is subsequently appealed to a higher
court, the matter shall rest on the table until a final determination is
made there as well).
A roll call vote was taker on the foregoing resolution with the following result:
AYES: Daugherty, Dooley, Ventura and Kleinert.
NAYS: Allen, McNamara and McCann.
The President declared the resolution adopted.
By Councilman Dooley, seconded by Councilman McCann and unanimously
adopted, it was
#161-65 RESOLVED that, having considered the report and recommendation
dated January 25, 1965, from the City Planning Commission with regard to
Petition V-82, submitted by W. Warren Shelden for vacating property
described as:
The Westerly 4 feet of lot 473 and the easterly 4 feet of
lot 474, Kimberly Oaks Estates Subdivision No. 3 of part
of the S. W. 1/4 of Section 22, T. 1 S., R. 9 E., City
of Livonia, Wayhe County, Michigan, according to the plat
recorded in Liber 86, Page 1 of Plats, Wayne County Records;
the Council does hereby grant said petition and Petition No. V-82 is hereby
approved; and the Department of Law is requested to prepare the necessary
vacating ordinance in accordance with this resolution.
Page 7024
By Councilman Dooley, seconded by Councilman McNamara and unanimously
adopted, it was
ilia
#162-65 RESOLVED that, the Council does hereby accept for and on behalf
of the City of Livonia, a grant of easement from Shelden Homes, Inc., by
Mr. W. Warren Shelden, President, and Mr. F. E. Klockow, Secretary, dated
November 4, 1964, which easement shall be for the purpose of installing,
repairing and maintaining a storm sewer line and is described as follows:
The easterly 8 feet of the westerly 24 feet of lot 474,
Kimberly Oaks Estates Subdivision No. 3, of part of the SW
1/4 of Section 22, T. 1 S. , R. 9 E., City of Livonia, Wayne
County, Michigan, according to the plat recorded in Liber 86,
Page 1 of Plats, Wayne County Records;
and the City Clerk is requested to have such grant of easement recorded
in the office of the Wayne County Register of Deeds and to do all things
necessary and pertinent to the full performance of this resolution.
By Councilman Ventura, seconded by Councilman McNamara, it was
#163-65 RESOLVED that, having considered the request dated February 12,
1965, from Vernon Foster, d/b/a Yellow and Red Cabs, the Council does
hereby authorize the aforementioned licensee to operate eight (8) additional
taxicabs in Livonia, it being the determination of the Council that such
L additional taxicab service is necessary for the public convenience and,
provided, however, that the aforementioned licensee shall pay the required
license fee for such additional taxicabs, and comply in every respect with
all the provisions of the Taxicab Ordinance, Ordinance No. 166, as amended,
and the City Clerk and the Police Department are herein 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: Daugherty, Allen, Dooley, McNamara, McCann, Ventura and Kleinert.
NAYS: None.
Councilman McNamara introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 24 OF THE ZONING MAP OF THE
CITY OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING OR-
DINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA,
BY ADDING THERETO SECTION (Petition Z-629)
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.
LThe above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Page 7025
By Councilman McNamara, seconded by Councilman Ventura and unanimously
adopted, it was
#164-65 RESOLVED that, Petition No. V-84, submitted by Stanley H. Kline,
in a letter dated January 20, 1965, for the vacation of the west 4 feet
of the North 24 feet of the south 145 feet of a 20 foot wide easement,
being more particularly described as the east 20 feet of Lot 70, Livrance
Estates Subdivision, as recorded in Liber 67, Page 10, Wayne County Records,
said subdivision being a part of the N. E. 1/4 of Section 14, T. 1 S.,
R. 9 E., City of Livonia, Wayne County, Nichigan, is hereby referred to the
City Planning Commission for action and recommendation according to law
and Ordinance No. 29, as amended.
By Councilman Ventura, seconded by Councilman Allen and unanimously
adopted, it was
#165-65 RESOLVED that, having considered the report and recommendation
dated January 25, 1965, of the City Planning Commission, in regard to
Petition No. Z-668 submitted by Ararn Kevorkian for change of zoning on
property located 345 feet west of the southwest corner of Merriman and
Schoolcraft Roads in the Northeast 1/4 of Section 27, the Council does
hereby concur with the recommendation of the City Planning Commission and
said Petition 1o. Z-668 is hereby denied for the following reasons :
1. The freeway acquisition line will substantially decrease the
size of this site and could conflict with the proposed development;
2. The area under consideration lies within the industrial belt
as indicated on the land use plan, and this type of use should be
excluded from the industrial belt; and
3. The quality of living generated by this type of development
within the industrial belt and immediately adjacent to a freeway
would be low, thus the economic stability of this project is
questionable.
By Councilman Ventura, seconded by Councilman Dooley, it was
#166-65 RESOLVED that, pursuant to the report and recommendation dated
February 3, 1965, of the Chief City Engineer, approved by the Director of
Public Works, the Council does hereby amend Item 8 of its resolution
No. 709-58, adopted November 10, 1958 and subsequently reaffirmed by
resolutions #584-61, #830-62, and #739-64, so as to reduce the bond for
remaining improvements in Castle Gardens Subdivision No. 7 to $87,000.00,
to cover the cost of remaining improvements in said subdivision (the amount
of the sidewalk bond which was originally set in the amount of $3,816.00
which amount was in error based upon the consulting engineer's estimate
dated November 10, 1958, is revised to be in a more correct amount of
$27,300.00, as included in the recommended revision); and the financial
assurances now on deposit with the City, if any, shall be reduced accordingly;
and the City Clerk and City Treasurer are hereby authorized to do all
things necessary or incidental to the full performance of this resolution.
Page 7026
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Alien, Dooley, McNamara, McCann, Ventura and Kleinert.
NAYS: None.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#167-65 RESOLVED that, having considered the recommendation dated
February 15, 1965, from the Water and Sewer Board, and the letter dated
February 16, 1965, from the Water and Sewer Commissioner, the Council does
hereby refer the Water and Sewer Budgets for 1965-66 to the Water and
Sewer Committee of the Council for study and recommendation.
By Councilman Dooley, seconded by Councilman Allen and unanimously
adopted, it was
#168-65 RESOLVED that, having considered a letter from Mrs. Clayton
Roshirt, 36713 Richland, Livonia, regarding replacement of sidewalks on
her property in an alleged improper manner, the Council does hereby refer
same to the Chief City Engineer for his report and recommendation regard-
ing this matter.
At 9:14 P. M., a recess was called, after which the meeting resumed with
all seven members of the Council present.
By Councilman Dooley, seconded by Councilman McNamara and unanimously
adopted, it was
#169-65 RESOLVED that, in keeping with the Council' s policy of keeping
apprised of matters involving the City of Livonia, the Council does hereby
request the Director of Public Safety and the Chief of Police to conduct
a complete investigation of the circumstances involving Michael Woitas,
who did commit suicide (asphyxiation by strangulation) on February 18, 1965,
while being detained in the jail at Police Headquarters of the City of
Livonia, and thereafter submit a report to the Council with respect to
same.
By Councilman McCann, seconded by Councilman Daugherty, it was
#170-65 RESOLVED that, having considered the veto by the Mayor, dated
February 24, 1965, of resolution #150-65, adopted by the Council on
February 17, 1965, the Council does hereby readopt said resolution #150-65,
the same as if it were word for word repeated herein.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Dooley, McNamara, McCann, Ventura and Kleinert.
NAYS: Allen.
The President declared the resolution adopted and the Mayor's veto over-ruled.
Page 7027
The report of the Legislative Committee was received and filed.
LBy Councilman McCann, seconded by Councilman McNamara and unanimously
adopted, it was
#171-65 RESOLVED that, having considered the report dated February 22,
1965, of the Legislative Committee with respect to Opinion No. 64-41 from
the Department of Law, dated August 28, 1964, relative to the designation
and statutory requirements prescribed for the official newspaper of the
City of Livonia, submitted pursuant to resolution #373-64, and respectfully
submitted to the Committee of the Whole by resolution #834-64, the Council
does hereby refer the same to the Legislative Committee for study and report.
By Councilman McCann, seconded by Councilman Allen and unanimously
adopted, it was
#172-65 RESOLVED that, having considered the report and recommendation
dated February 22, 1965, of the Legislative Committee submitted pursuant
to resolution #642-64, regarding Opinion No. 64-34, dated July 15, 1964,
from the Department of Law with respect to the authority of the Council
to pass on Planning Commission denial, the Council does hereby determine
that no action is required in this matter since the question involved is
MOOT.
By Councilman McCann, seconded by Councilman Dooley and unanimously
adopted, it was
#173-65 RESOLVED that, having considered the report and recommendation
dated February 22, 1965, of the Legislative Committee, submitted pursuant
to resolution #762-64, regarding a proposed amendment to Section 4.46 of
Ordinance No. 60, introduced by Councilman Dooley on September 9, 1965, the
Council does hereby refer this matter to the Department of Law for the
preparation of a new ordinance amendment which would prohibit the parking,
storing or leaving of abandoned cars on public rights-of-way or public
property for a period of seventy-two (72) continuous hours or more.
Councilman McCann introduced the following Ordinance:
AN ORDINANCE TO REGULATE THE DISTRIBUTION OF COMMERCIAL AND
NON-COMMERCIAL HANDBILLS, AND TO LICENSE PERSONS ENGAGED IN
BUSINESS AS BILL POSTERS FUR HIRE AND DISTRIBUTORS OF HAND-
BILLS FOR HIRE, TO DEFINE TERMS; AND TO PROVIDE PENALTIES
FOR THE VIOLATION OF SUCH ORDINANCE.
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.
Page 7028
By Councilman McCann, seconded by Councilman Ventura and unanimously
adopted, it was
#174-65 RESOLVED that, having considered the report and recommendation
dated February 22, 1965, of the Legislative Committee, and submitted pur-
suant to resolution #878-65, regarding a proposed amendment of Section 8.02(d)
of Ordinance No. 60, as amended, and with reference to the requirements
prescribed in said section for dog kennels as a permitted use, the Council
does hereby refer this matter to the City Planning Commission for the purpose
of conducting a public hearing and thereafter submitting a report and re-
commendation to the Council, which proposed amendment to Section 8.02(d)
shall read as follows:
(d) On one-half (1/2) acre or more, fowl and rabbits may be raised
and kept for owner's consumption only; on one (1) acre or more, two
(2) horses may be kept for owner's use only, and on two (2) acres or
more, two (2) horses and one (1) cow or three (3) horses may be kept
for owner's use only; on two (2) acres or more fowl and rabbits may
be raised for sale; on five (5) acres or more dog kennels may be
operated so long as all facilities, buildings, kennels, and dog runs
with respect to such use are situated at least one hundred (100) feet
from adjoining property lines; provided, however, that such animals
and fowl are properly housed, maintained and fenced so as not to
become a nuisance or detrimental to public health, safety or welfare.
By Councilman McCann, seconded by Councilman McNamara and unanimously
adopted, it was
#175-65 RESOLVED that, having considered the report and recommendation
dated February 22, 1965, from the Legislative Committee, submitted pursuant
to resolution #894-64, regarding a proposed house moving ordinance submitted
by the Chief Inspector and Director of Public Works, the Council does
hereby refer same to the Department of Law for its report and recommendation.
By Councilman McCann, seconded by Councilman Ventura and unanimously
adopted, it was
#176-65 RESOLVED that, having considered the report and recommendation
dated February 22, 1965, of the Legislative Committee and submitted pur-
suant to resolution #949-64, concerning bond requirements for sign erectors,
the Council does hereby determine to take no action with respect to this
matter.
By Councilman McCann, seconded by Councilman Dooley and unanimously
adopted, it was
#177-65 RESOLVED that, having considered the report and recommendation
dated February 22, 1965, of the Legislative Committee and submitted pur-
L suant to resolution #958-64, regarding a proposed ordinance which would
create a Citizen Complaint and Service Bureau, the Council does hereby
determine to take no action with respect to this matter.
Page 7029
By Councilman McCann, seconded by Councilman Allen and unanimously
adopted, it was
#178-65 RESOLVED that, having considered the report and recommendation
dated February 22, 1965, from the Legislative Committee, and submitted
pursuant to resolution #39-65, with regard to a draft of the proposed new
Weed Ordinance, the Council does hereby table this matter to the Study
Session of the Council on March 3, 1965, for the purpose of further study
and subsequent introduction thereafter.
By Councilman McCann, seconded by Councilman Dooley and unanimously
adopted, it was
#179-65 RESOLVED that, having considered the report and recommendation
dated February 22, 1965, of the Legislative Committee and submitted pur-
suant to resolution #66-65, regarding the steps necessary to create a
Charter Commission, the Council does hereby determine to receive and file
for its information the communication dated December 23, 1964, from the
Department of Law in this regard.
By Councilman McCann, seconded by Councilman Dooley and unanimously
adopted, it was
#180-65 RESOLVED that, having considered the report and recommendation
dated February 22, 1965, of the Legislative Committee, submitted pursuant
to resolution #80-65, with respect to communications dated December 31,
1965, from the Water and Sewer Board transmitting resolution #WS 678 11/64,
regarding Seven Mile, Flamingo, Melody Manor and Inkster Road sanitary
sewers, Area 4a, 5d and 7a; resolution #WS 680 11/64 regarding Hubbard-
Baseline sanitary sewers, Area 4b; and resolution #WS 679 11/64 regarding
the Bell Creek Arm sanitary sewers, Area 5b, the Council does hereby
determine to take no action in this matter.
By Councilman McCann, seconded by Councilman Allen and unanimously
adopted, it was
#181-65 RESOLVED that, having given consideration to the ramifications
involved regarding certain previously approved applicants for Class C
liquor licenses which have remained unused for a prolonged period of time,
the Coun6ildoes hereby take this means of setting forth the following
statement of policy with respect to same:
(a) That henceforth all previously approved full year Class C liquor
licenses that are unused shall be reviewed by the City Council and
where the acquisition of properly zoned property for these purposes
is not accomplished within a one-year period from the time of
issuance of such license, the Council shall thereupon, by resolution,
request that the Michigan Liquor Control Commission revoke same; and
Page 7030
(b) It shall further be required that in the case of holders of
previously approved Class C liquor licenses, where construction
of a building for said purposes is not commenced within 18 months
from the original time of issuance, the Council shall thereupon, by
resolution, request that the Michigan Liquor Control Commission
revoke same; and
(c) With regard to those previously approved Class C licenses issued
prior to the effective date of this resolution, the requirements and
the period of time during whichthey must be complied with set forth
in (a) and (b) above shall commence to run and be applicable from
the effective date of this resolution; and
the City Clerk is hereby requested to forward a copy of this resolution
by certified mail, return receipt requested, to all holders of Class C
liquor licenses within the City of Livonia.
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
#182-65 RESOLVED that, having considered the recommendation dated
February 22, 1965, of the Legislative Committee, regarding an amendment
to the Plat Ordinance, Ordinance No. 500 of the City of Livonia, so as
to require subdividers to provide limited access service drives on main
thoroughfares, the Council does hereby refer this matter to the Department
of Law for the preparation of such amendment.
By Councilman Dooley, seconded by Councilman McNamara, it was
#183-65 RESOLVED that, having considered the report and recommendation
dated February 8, 1965, of the Director of Public Safety, Fire Chief and
approved by the Budget Director, the Council does hereby accept the bid
of Forest Dodge, 34955 Plymouth Road, Livonia, for supplying the City with
one 1/2 Ton Pick-Up Truck for the price of $1,708.89, such having been in
fact the lowest bid received for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Allen, Dooley, McNamara, McCann, Ventura and Kleinert.
NAYS: None.
By Councilman Dooley, seconded by Councilman Ventura and unanimously
adopted, it was
#184-65 RESOLVED that, the request dated February 8, 1965, from Binder
and Lark Building Company, 34275 Grove Drive, Livonia, concerning the use
of letters of credit in lieu of cash in connection with improvements to be
installed in the proposed Binder and Lark Subdivision, is hereby referred
to the Finance Committee for report and recommendation.
By Councilman Dooley, seconded by Councilman McNamara, it was
Page 7031
#185-65 RESOLVED that, having considered a communication from Mrs. Irene
D. McQuesten, 35459 West Chicago Road, Livonia, regarding the City's
participation it the anti-poverty program for Wayne County, the same is
hereby referred to Councilman Daniel C. Allen, Coordinator for the City
of Livonia in its participation with Wayne County in the anti-poverty
program.
The resolution from the Township of Sumpter regarding special elections in
the State of Michigan, was received and filed for the information of the Council.
The following resolution was offered by Councilman Dooley, supported by
Daugherty and unanimously adopted;
#186-65 WHEREAS, the Michigan Constitution of 1963 provides for county
home rule government and implementing legislation is necessary to achieve
this result; and
WHEREAS, the Wayne County Bard of Supervisors has submitted to
the legislature a bill, which in name only, proposes to establish county
home rule; and
WHEREAS, the reason for establishing county home rule is to
realize a more efficient government unit which will properly and
economically render services, as needed and requested, to the individual
municipal units of government in the county; and
WHEREAS, the bill submitted by the Wayne County Board of Super-
visors retains archaic county political positions, extremely limits the
determinations of the charter commission, fails to provide the smaller
units of government with any representation, and further would allow the
county to supersede home rule powers of cities, villages, etc.;
NOW, THEREFORE, RR IT RESOLVED BY THE COUNCIL FOR THE CITY OF
LIVONIA, as follows:
1. This Council goes on record as being opposed to the proposed
so-called county home rule legislation submitted by the Wayne County
Board of Supervisors;
2. This Council goes on record as being in favor of true county
home rule and requests that the Michigan legislature work to achieve
proper legislation in this area, and
3. It is directed that a copy of this resolution be forwarded
to the Senators and Representatives from this area in Lansing, to the
Michigan Municipal League and to the other units of government in
Wayne County; and it is requested that the other municipalities in
Wayne County join with us in opposition to the presently proposed
legislation.
By Councilman Daugherty, seconded by Councilman McCann, it was
Page 7032
#187-65 RESOLVED that, having considered a petition received by the City
Clerk on December 30, 1964, Item No. 17a0LA, from Borman Food Stores, Inc.,
to divide Outlot A of Kingsbury Heights Subdivision in the Southwest 1/4
of Section 17 of the City of Livonia, the Council does hereby deny such
petition.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Allen, Dooley, McNamara and McCann.
NAYS: Ventura and Kleinert.
The President declared the resolution adopted.
The report dated February 12, 1965, from the Department of Law regarding
the acquisition of property for proposed library site (resolutions #33-65 and #34-65),
was received and filed for the information of the Council.
By Couhcilman Dooley, seconded by Courcilman Allen, it was
#188-65 RESOLVED that, having considered an opinion No. 65-4, dated
February 16, 1965, from the Department of Law, submitted pursuant to
resolution #1032-64, regarding a request made by Commercial Removal,
1640 E. McNichols Road, Detroit 3, Michigan, for the release of $5,000.00
cash deposit required in Article XIV (d) of the contract entered into
between the City and Commercial Removal, authorized and executed pursuant
to resolution #763-64, adopted on September 23, 1964, and #823-64, adopted
on October 7, 1964, the Council does hereby determine that in consideration
of Commercial Removal increasing the amount of the existing performance
bond from $100,000.00 to $105,000.00, the aforesaid $5,000.00 cash deposit
shall be released to Commercial Removal; 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: Daugherty, Ventura, Allen, Dooley, McNamara, McCann and Kleinert.
NAYS: None.
Councilman Dooley introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 30 OF THE ZONING MAP OF THE
CITY OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING OR-
DINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA,
BY ADDING THERETO SECTION (Petition Z-659)
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.
Page 7033
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman McCann introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 27 OF THE ZONING MAP OF THE
CITY OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING
ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF
LIVONIA, BY ADDING THERETO SECTION (Petition Z-659)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinance, 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 McNamara, seconded by Councilman Allen, it was
#189-65 RESOLVED that, having considered the letter dated February 10,
1965, from the Mayor, the Council does herein establish the salary of the
City Attorney in the amount of $10,000.00 per annum, payable monthly,
effective February 15, 1965, and the necessary funds are hereby transferred
from the Unappropriated Surplus to the Department of Law Salary Account,
for this purpose.
By Councilman Daugherty, seconded by Councilman Ventura, it was
RESOLVED that, the matter of salary for the City Attorney be
tabled to the first meeting in May, 1965.
A roll call vote was taken on the tabling resolution with the following result:
AYES: Daugherty, Dooley and Ventura.
NAYS: Allen, McNamara, McCann and Kleinert.
The President declared the resolution denied.
A roll call vote was taken on resolution #189-65, with the following result:
AYES: Daugherty, Allen, Dooley, McNamara, McCann, Ventura and Kleinert.
NAYS: None.
The President declared the resolution adopted.
By Councilman McNamara, seconded by Councilman Ventura and unanimously
adopted, it was
Page 7034
#190-65 RESOLVED that, having considered a letter dated February 9, 1965,
from Northville Coach Line, Inc. , regarding the possible sale to the City
of said coachline, the Council does hereby determine that the purchase of
the Northville Coach Line, Inc., would not be feasible or in the best
interest of the City of Livonia at this time.
The letter dated February 8, 1965, from the Mayor regarding appointments to
the Citizens' Advisory Committee for Community Improvement was received and filed.
By Councilman Dooley, seconded by Councilman Ventura and unanimously
adopted, it was
#191-65 RESOLVED that, having considered a report dated February 9, 1965,
from the Director of Public Works submitted pursuant to resolution #91-64,
regarding the cost and feasibility of acquiring property located on Stark
Road and bounded by the present Department of Public Works Yard right-of-way
to Stark Road, the Council does hereby acknowledge receipt of same and
does further request that the Director of Public Works submit an additional
report regarding the possibility of obtaining a portion of the property in
question through negotiations with the new owner and include in such report
the price, terms and all other pertinent information in this connection.
By Councilman Dooley, seconded by Councilman Allen and unanimously
adopted, it was
#192-65 RESOLVED that, having considered a letter from the Rev. F. J.
Cushing, Pastor of the Church of St. Priscilla, 19220 Purlingbrook Road,
Livonia, regarding the action taken by the Council in its resolution #62-65,
for the installation of sidewalks in front of the Carl Sandburg Library on
Seven Mile Road and easterly to the Livonia Mall, the Council does hereby
refer same to the Chief City Engineer for his report and recommendation
and particularly with regard to supplying the information requested therein.
By Councilman Ventura, seconded by Councilman Dooley and unanimously
adopted, it was
#193-65 RESOLVED that, having considered a letter from Mrs. Frank Ross,
35564 Schoolcraft Road, Livonia, dated February 10, 1965, wherein she has
indicated her desire to sell a portion of a site approximately 3-1/4 acres
in size located on the north side of Schoolcraft Road to the City for
development as a future park site, the Council does hereby refer same to
the Parks and Recreation Commission for its report and recommendation
relative to the need and desirability of obtaining such land for future
development as a park site.
By Councilman Dooley, seconded by Councilman Ventura, it was
#194-65 RESOLVED that, having considered the request dated February 11,
1965, from Mr. Irving Levine, President of Burt Homes, Inc. , for an ex-
tension of approval heretofore given in connection with the proposed Meri
Page 7035
Lynn Farms Subdivision No. 9, the Council does hereby and for the aforesaid
purpose readopt and reaffirm the approval of said subdivision, as contained
in its resolution #719-59 adopted November 9, 1959, as subsequently amended
by resolutions #273-61 adopted April 24, 1961 and #289-63, adopted April 17,
1963; and provided further, that the aforesaid extension shall be for an
additional one (1) year period and shall not in any manner relieve the
proprietor of those conditions affixed to the proposed plat or any other
requirements or regulations prescribed by City ordinance and to which such
plat shall be subject.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Allen, Dooley, McNamara, McCann, Ventura and Kleinert.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Dooley and unanimously
adopted, it was
#195-65 RESOLVED that, having considered the letter dated February 12,
1965, from Arthur J. Vorwald, President of the American Cancer Society,
Southeastern Michigan Division, Inc. , 2895 W. Grand Blvd., Detroit 2,
Michigan, regarding a contemplated fund raising door-to-door campaign, the
Council does hereby take this means to inform such organization that the
City of Livonia has existing ordinances regulating this type of activity
and therefore refers this organization to the City Clerk and the Livonia
Police Department.
By Councilman Dooley, seconded by Councilman McNamara, it was
#196-65 RESOLVED that, the Council. does hereby determine that the City
of Livonia shall participate to the extent of one hundred per cent (100%)
of the premium in the insurance program available through Lloyds of London,
which program provides insurance coverage for police officers against whom
actions are commenced for false arrest, malicious prosecution, unlawful
detention, etc.; and further, the sum of 000.00 is hereby transferred
from the Unappropriated Surplus to the General Insurance Account No. 334
for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Allen, Dooley, McNamara, McCann, Ventura and Kleinert.
NAYS: None.
On motion of Councilman Dooley, seconded by Councilman McCann and
unanimously adopted, this 483rd regular meeting of the Council of the City of
Livonia was duly adjourned at 11:08 P. M., February 24, 1965.
C---
Addison W. Bacon, Ciller