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HomeMy WebLinkAboutCOUNCIL MINUTES 1973-12-19 14140 L MINUTES OF THE SEVEN HUNDRED SEVENTY-FIFTH REGULAR MEETING OF THE COUNCIL OF ThE CITY OF LIVONIA On December 19, 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 8:00 P. M.. Councilman Brown delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Peter A. Ventura, Jerry H. Brown, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Ronald Mardiros, City Assessor; John T. Dufour, Superintendent of Parks and Recreation; John Nagy, City Planner; Jack Dodge, Budget Director; Gary Clark, Acting City Engineer; Michael Reiser, Water and Sewer Board; L and Paul Kugler of the Water and Sewer Board. By Councilman McCann, seconded by Councilman Milligan, and unanimously adopted, it was #1024-73 RESOLVED, that the minutes of the 774th regular meeting of the Council of the City of Livonia, held December 12, 1973, are hereby approved. The following resolution was unanimously introduced, supported and adopted: #1025-73 WHEREAS, after eight years of loyal and devoted service to the people of this community, Edward G. Milligan is departing from the ranks of the Livonia City Council; and WHEREAS, during his tenure on the Council he has served as Chair- man of the Capital Improvement Committee, Chairman of the Legislative Committee and Vice-President of the Council; and WHEREAS, in addition to his duties as a Councilman, he has in years past rendered outstanding service to the community at large as a member of the Housing Committee of the Southeast Michigan Council of Govern- ments, as a member of the Wayne County Board of Supervisors and as Chairman of the Livonia Planning Commission; and WHEREAS, during the course of his public service he has given unstintingly of himself to promote the welfare of the public and has exhibited those qualities of intelligence, tenacity and integrity which best personify a dedicated public ser,nt, 14141 NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Livonia, do hereby take this means to publicly commend and congratulate Edward G. Milligan for his years of devoted service to this City, to extend our best wishes for success in his future endeavors, and to express the sincere hope that Le sill remain in our midst for years to come as a friend, neighbor and counselor. By Councilman Brown, seconded by Councilman McCann, it was #1026-73 RESOLVED, that having considered the report and recommendation of the Division of Engineering dated November 20, 1973, approved by the Superintendent of Parks and Recreation and the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the Unit Price Bid of Chiles Nursery Inc., 24355 Telegraph Road, Flat Rock, Michigan 48134, for the Clearing, Grading, Seeding, Fertilizing and Mulching of Parksite "E" in Section 4 and 5, City of Livonia, for the estimated cost of $68,030.00, based on the Engineering Division's estimate of units of work involved and subject to a final payment based upon the actual units of work as performed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work; further, the Council does hereby authorize the Director of Public Works to approve minor changes in the work as completed; and the Council does hereby authorize the expenditure of previously appropriated Federal Revenue Sharing Funds for this purpose; and the Mayor and City Clerk are hereby authorised to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #1027-73 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated November 16, 1973, approved by the Budget Director and approved for submission by the Mayor, with regard to the development of Wilson Acres Park in Section 36, the Council does hereby appropriate and authorize the expenditure of the sum of $2,700.00 from the 4.4 Million Dollar Parks and Recreation General Obligation Bond Issue for the purpose of purchasing necessary playground equipment, picnic stoves and tables, steel tennis nets, baseball backstop and bleachers; 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 14142 By Councilman Ventura, seconded by Councilman McCann, it was #1028-73 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated July e7, 1973, and the report and recommendation of the Chief of Police dated Noverlber 15, 1973 in connection therewith, the Council does hereby approve of the request from H & T Limited, 33775 Plymouth Road, Livonia, Michigan, for a Special Permit for sale of alcoholic beverages and service and consumption of same in the following areas of the Licensed premises, which are in addition to the Bar Room, Cocktail Lounge, Restaurant or Dining Room, and known as the Concourse Area, with the exception, however, that the Council does hereby deny the request for a new SCD.M. License at the said location based upon the recommendation of the Chief of Police; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #1029-73 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated July 27, 1973, and the report and recom- mendation of the Chief of Police dated November 15, 1973, in connection therewith, the Council does hereby approve of the request from H & T Limited for transfer of ownership of 1973 Class "C" Licensed Business with Dance Permit and "A" Permit, two bars located at 33775 Plymouth Road, Livonia, Michigan, from Woodland Lanes, Incorporated, with the exception, however, that the Council does hereby deny the request for a new S.D.M. License at the said location based upon the recommendation of the Chief of Police; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was #1030-73 RESOLVED, that the Council does hereby determine to take this means to advise the Michigan Liquor Control Commission that the City Council approves an application made for a Michigan Liquor Control Commission Class "C" Liquor License "above all others" from C. R. Lendrum, Sr., 22150 W. Seven Mile Road, Detroit, Michigan 48219, on behalf of Yukiko's and Rose for a new full year Class "C" License to be located at the Tokyo Restaurant at 29430 W. Six Mile Road, Livonia, Michigan, as referred to in a communi- Lcation from the Michigan Liquor Control Commission dated November 29, 1971, as well as in a communication dat.Jd November 23, 1973 from C. R. Lendrum, Sr., such approval being subject to and conditioned upon compliance by the applicant with the following conditions: 14143 1. That the license will be put to use within the City L of Livonia within 2 years from the date of issuance by the Michigan Liquor Control Commission. 2. That the license will be used at the location indicated by the applicant in accordance with plans and other communications submitted to the CounEil. 3. That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 4. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. as well as the following additional conditions: 5. That should the business known as Tokyo Restaurant become inoperative for any period of time in excess of six months, the License herein approved shall be surrendered by the Licensee to the Livonia City Clerk, who there- upon shall return same to the Michigan Liquor Control Commission. L 6. That should the owners, or subsequent owners of the said Tokyo Restaurant transfer this business to a new location, the licensee shall surrender the License herein approved to the City Clerk, who thereupon shall return same to the Michigan Liquor Control Commission. 7. That the License herein approved is made subject to agree- ment by the Licensee to notify any future owners or assignees of the conditions set forth in the action taken herein. In the event that the applicant fails to comply with any of the aforesaid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked except to the extent that the applicant may be permitted to seek modification of conditions No. 2 and 6 above, upon approval of such modification by the City Council based upon a showing of good cause, and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result- AYES: Ventura, Raymond, Milligan, Bennett and Nash. NAYS: Brown and McCann. The President declared the resolution adopted. 14144 By Councilman Ventura, seconded by Councilman Milligan, it was #1031-73 RESOLVED, that having considered a communication dated December 28, 1972 from the City Planning Com::,ZLsion which sets forth its resolution No. 11-312-72 with regard to Petition No. 72-9-1-43 submitted by Brashear, Brashear and Duggan, Attorneys, for Diversified Investment Company for a change of zoning on property located at the northwest corner of Seven Mile and Merriman Roads in the Southeast 1/4 of Section 3, from R-1 and RUF to P.S., C-1 and P, and the Council having conducted a public hearing with regard to this matter on March 19, 1973, pursuant to Council resolution No. 53-73, the Council does hereby concur with the recommendation of the Plan- ning Commission and the said Petition No, 72-9-1-43 as revised by an amend- ment dated April 3, 1973, wherein the North 180 feet of the subject parcel was deleted, is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicat- ing the zoning change herein approved and to furnish the same to the Depart- ment of Law and, i•-on receipt of such map, the Department of Law is request- ed 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: Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: Bennett. LThe President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #1032-73 RESOLVED, that in view of the action taken by Council in its resolution No. 1031-73 with regard to Petition No. 72-9-1-43 submitted by Brashear, Brashear and Duggan, Attorneys, for Diversified Investment Company for a change of zoning on property located at the northwest corner of Seven Mile and Merriman Roads in the Southeast 1/4 of Section 3, the Council does hereby request that the Petitioner submit a Site Plan and that the same be presented to Council for its approval at such time as the Ordinance to effect the zoning change requested in Petition No. 72-9-1-43 is presented to Council for its consideration. By Councilman Bennett, seconded by Councilman Milligan, it was #1033-73 RESOLVED, that having considered a communication from the City Planning Commission dated November 28, 1973, which transmits its resolution No. 11-285-73, adopted by the Commission on November 20, 1973 with regard to Petition No. 73-11-8-45 submitted by Robert T.Pyrkosz requesting use and site plan approval to remodel front of existing store located on the north side of Five Mile Road between Farmington Road and Surrey in the Southeast L 1/4 of Section 16, the Council does hereby determine, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, to concur in the recommendation of the Planning Commission and Petition No. 73-11-8-45 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commis- sion. 14149 ImoA 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 Milligan, seconded by Councilman Raymond, it was #1034-73 RESOLVED, that having considered the report and recommendation dated November 19, 1973 from the Division of Engineering, 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. 809-71, adopt- ed on August 25, 1971, and subsequently amended by Council resolution No. 111-72, adopted on February 2, 1972 and Council resolution No. 695-72, adopted on July 26, 1972, so as to further reduce the Financial Assurances now on deposit with the City for General Improvements in Linden Park Subdi- vision to $4,000.00 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 Assurances now on deposit with the City for Sidewalk Improvements shall be reduced to $12,000.00 of which $3,000.00 shall be in cash; 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. At the request of the petitioner, the item on the agenda with respect to a request to use a Loudspeaker in conjunction with Arlan Department Stores on the 14th and 15 of December 1973, was removed with no action taken thereon. By Councilman Milligan, seconded by Councilman Raymond, it was #1035-73 RESOLVED, that having considered a communication from the Traffic Commission dated November 28, 1973, which transmits its resolution No. 51.-73 wherein it is recommended that sidewalks be installed on Hubbard Road between Five and Six Mile Roads, the Council does hereby determine to refer the same to the Engineering Division for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. LNAYS: None. 14146 By Councilman Ventura, seconded by Councilman Milligan, it was #1036-73 RESOLVED, that having considered the report and recommendation dated November 21, 1973 from the Division of Engineering, approved by the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated October 10, 1973, the Council does hereby authorize Final Payment in the amount of $2,170.92 to Century Cement Company, 2461 Gorno, Trenton, Michigan 48183, which sum includes the full and complete balance due on a contract dated August 30, 1972 in the amount of $70,276.56 and also the sum of $2,087.54 for additional work performed by the aforesaid company in connection with the 1972 Miscellaneous Sidewalk Program, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications and the necessary contractor's affidavit, maintenance and guaranty have been filed; further, the Council does hereby authorize as payment to cover the apportionment cost to be borne by the City of Livonia for this project the sum of $12,753.29 to be appropriated and expended from the 9.8 Million Dollar Streets and Roads General Obligation Bond Issue; further, the Council does hereby request that the Livonia Public School District make payment to the City of Livonia in the amount of $13,010.69 for its participation in all work completed in this project; 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was #1037-73 RESOLVED, that having considered a communication from the Division of Engineering dated November 21, 1973, approved by the Director of Public Works and approved for submission by the Mayor, regarding the replacement of sidewalks in the City of Livonia on the following parcels in the follow- ing amounts: Parcel 22J66 $ 40.1.50 Parcel 23g30a 929.25 Parcel 23g69a1 678.50 Parcel 23g69a2 1,158.85 Parcel 24c2c,3c,4c 1,377.65 Parcel 17e1 303.75 Parcel 1732 251.25 Parcel 17e3 251.25 Parcel 17e4,5a 315•1oQ 14147 Parcel i8M3b2a2 $ 93.75 Parcel 18M3b2.a1 150.00 Parcel 19e553 375.00 Parcel 19D1,El,C2b1 2,463.75 Parcel 19C2a2 360.00 Parcel 19c253 487.50 Parcel 19Ala,A2albla 3,648.75 Parcel 14Z2alalb 270.00 Parcel 17a0LAa,b2 1,005.00 Parcel 17a0LAbla 1,691.25 Parcel 34Flalala2ala 2,373.75 Parcel 35A3a2b2a,35A3b1 5,988.75 Parcel 35A3a2b1 4,908.75 Parcel 36B1a1 1,811.25 Parcel 36G0LC 300.00 which work was done pursuant to Council resolutions Nos. 1092-71, 335-72 and 620-72 and in accordance with the provisions of Section 5-137 of the Livonia Code of Ordinances, Title 5, Chapter 1 and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at last 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby pursuant to the provisions of Section 2-515 of the Livonia Code of Ordinances, Title 5, Chapter 2, adopt this resolution wherein a special assessment is placed upon such property for said charges; the Council does further request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assessment roll of the City, and where payments herein authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable therewith on the next general tax roll; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 14148 By Councilman Brown, seconded by Councilman Bennett, and unanimously Ladopted, it was #1038-73 RESOLVED, that the Counc.;.l does hereby suspend their rules for procedure as outlined in Council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Ventura, seconded by Councilman Bennett, it was #1039-73 RESOLVED, that having considered a communication from the Budget Director dated December 17, 1973, approved for submission by the Mayor, with regard to the funding necessary for 12 employees under the E.E.A. program for the period January 1, 1974 through February 28, 1974, the Council does hereby appropriate and authorize the expenditure of the sum of $33,000.00 to be advanced from Federal Shared Revenue Funds to the E.E.A. Fund for applicable salaries and fringe benefits in the manner and for the purpose indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #1040-73 RESOLVED, that having considered the report of the Legislative Committee, dated December 19, 1973, the Council does hereby determine to table the same to the Regular Meeting to be held January 16, 1974. J. roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, McCann and Nash. NAYS: Bennett and Milligan. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, this 775th regular meeting of the Council of the City of Livonia was duly adjourned at 8:20 P. M., December 17, 1973. 4<e--W,u-0-1J ifts ADDISON W. BAC(TsA7ty C erk.