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HomeMy WebLinkAboutCOUNCIL MINUTES 1966-05-18 Page 7920 MINUTES OF THE FIVE HUNDRED THIRTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 18, 1966, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:05 P. M. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present--Peter A. Ventura, Rudolf R. Kleinert, Edward H. McNamara, James R. McCann, Robert F. Nash, Edward G. Milligan and Jack Salvadore. Absent--None. Elected and appointed officials present: Virginia G. Handzlik, Deputy City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, first Assistant City Attorney; Robert A. Shaw, Director of Public Works; Don Hull, City Planner; Henry G. Sieferd, City Assessor; Carl Demek, Superintendent, Operations Division; Richard Jones, Asst. Superintendent of Operations Division; Joel LaBo, Director of Public Safety; James L. Miller, Personnel Director; William J. Strasser, City Engineer; Ed Siemert, Asst. City Engineer; Burl T. Woodward, Industrial Development Commission; Neal Hall and Sauro Petrucci of the Traffic Commission. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #496-66 RESOLVED, that the minutes of the 538th regular meeting of the Council of the City of Livonia, held May 11, 1966, are hereby approved. An Ordinance Amending Section 8 of Ordinance No. 396, As Amended, Known and Cited as the "Water Rate Ordinance" of the City of Livonia, introduced on May 11, 1966 by Councilman McNamara, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, McNamara, McCann, Nash, Salvadore, Milligan, and Ventura. NAYS: None. Councilman Kleinert was excused at 8:08 P. M. By Councilman Nash, seconded by Councilman Salvadore, it was #497-66 RESOLVED, that having considered a communication dated February 8, Page 7921 1966 from the City Planning Commission transmitting its resolution #1-7-66 adopted by the Commission on January 25, 1966 with regard to Petition #65-12-2-17 as submitted by Rosedale Gardens Corporation, 9611 Hubbard Road, Livonia, Michigan, requesting permission to construct a club swimming pool and bathhouse addition to present building as a waiver use on Lot 1596a1 of Rosedale Gardens No. 8 Subdivision, located on the west side of Hubbard Road between West Chicago and Orangelawn in Section 34 on property zoned R-1, and the Planning Commission having made a recommenda- tion of denial with respect to same, and the petitioner having filed an appeal with the City Clerk within ten (10) days from the Commission's determination, and the Council having conducted a public hearing with re- gard to this matter on April 18, 1966 pursuant to council resolution #214-66, the Council does hereby reject the recommendation made by the City Planning Commission and Petition No. 65-12-2-17 is hereby approved and granted. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Nash, Salvadore, Milligan, and Ventura. NAYS: None. Councilman Kleinert returned at 8:14 P. M. By Councilman Milligan, seconded by Councilman Kleinert, it was #498-66 RESOLVED, that having given due consideration to the matter of the continuation of stop signs at the intersection of Cardwell and Lyndon Streets, the Council does hereby request that the Chief of Police promul- gate such traffic and control orders as may be necessary for the purpose of removing the said stop signs and in lieu thereof to do whatever else might be necessary to insure the proper expeditious flow of traffic in this area; provided, however, that additional signs and traffic control devices be installed when signs are removed, in order to insure the safety of children crossing Lyndon Avenue to the Adams School. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McCann, Nash, Salvadore, Milligan, and Ventura. NAYS: McNamara. The President declared the resolution adopted. The President of the Council relinquished the Chair to the Vice-President at 8:25 P. M. and resumed the Chair at 8:27 P. M. By Councilman Milligan, seconded by Councilman McNamara, it was #499-66 RESOLVED, that the Council does hereby request the Department of Law to prepare such amendments as may be necessary to the Traffic Ordinance No. 549, as amended, for the purpose of abolishing and discontinuing the further operation of the Traffic Commission. A roll call vote was taken on the foregoing resolution with the following result: Page 7922 AYES: Kleinert, McNamara, Nash, Milligan, and Ventura. NAYS: McCann and Salvadore. LThe President declared the resolution adopted. By Councilman Milligan, seconded by Councilman McCann, it was #500-66 RESOLVED, that having considered a communication from the Depart- ment of Law dated March 24, 1966 which submits a proposed amendment to Section 2.4 of the Traffic Ordinance, Ordinance 549, as amended, pursuant to council resolution #278-66, the purpose of which would be to eliminate the necessity for the Council's approval on traffic control orders pro- mulgated by the Chief of Police and the Traffic Commission, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, McCann, Salvadore, Milligan, and Ventura. NAYS: Nash. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman McNamara, it was #501-66 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, the Zoning Ordinance of the City of Livonia, the Coun- cil does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, June 22, 1966, at 7:30 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michi- gan, on Petition No. 66-3-1-5 submitted by Rodney Kropf, attorney for John O. and Dorothy Schroder, for a change of zoning on property located on the south side of Six Mile Road, approximately 667 feet east of the centerline of Newburgh Road in Section 17, from R-3-B to C-2, the City Planning Commission having in its resolution #4-67-66 recommended to the City Council that Petition No. 66-3-1-5 be granted; and further, that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement indicat- ing the nature and location of the proposed change of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and the City Clerk is 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: Kleinert, McNamara, McCann, Nash, Salvadore, Milligan, and Ventura. NAYS: None. Page 7923 By Councilman McNamara, seconded by Councilman McCann, it was #502-66 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 5.293)4), as well as Article XXIII of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, the Coun- cil does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, June 22, 1966, at 7:30 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, on Petition No. 66-3-1-6 initiated by the City Planning Commission on its own motion for a change of zoning on property located at the southeast corner of Six Mile Road and Newburgh Road in the Northwest 1/4 of Section 17, from C-2 to AG, the City Planning Commission having in its resolution #4-68-66 recommended to the City Council that Petition No. 66-3-1-6 be granted; and further, that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement indicating the nature and location of the pro- posed change of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and the City Clerk is 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: Kleinert, McNamara, McCann, Nash, Salvadore, Milligan, and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman Nash, it was #503-66 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 5.293)4), as well as Article XXIII of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, the Coun- cil does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, June 22, 1966, at 7:30 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michi- gan, on Petition No. 65-8-1-24 submitted by John O. and Dorothy Schroder for a change of zoning on property located on the south side of Six Mile Road, approximately 360 feet east of Newburgh Road, in the Northwest 1/4 of Section 17, from R-3-B to C-2, the City Planning Commission having in its resolution #3-42-66 recommended to the City Council that Petition No. 65-8-1-24 be granted; and further, that the City Clerk is hereby re- quested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement indicating the nature and loca- tion of the proposed change of zoning as set forth above first to be pub- lished in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen days prior to said public hearing cause to have notice to be given by registered mall to each public utility company and to each railroad com- pany owning or operating any public utility or railroad within the dis- tricts or zones affected; and the City Clerk is requested to do all things necessary or incidental to the full performance of this resolution. Page 7924 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, McCann, Nash, Salvadore, Milligan, and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman McCann, it was #504-66 RESOLVED, that having considered a communication dated April 29, 1966 from the Department of Law and the Quit Claim Deed attached thereto, which deed is dated June 15, 1965 and executed by the Light Weight Aggregate Corporation conveying to the City of Livonia the following described property: That part of the North 1/2 of Section 27, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as: Beginning at a point on the North and South 1/4 line of Section 27, distant North 0 degrees 06 minutes 20 seconds East 469.50 feet from the center corner of said Section, and proceeding thence North 89 degrees 12 minutes 30 seconds West 2652.38 feet; thence North 0 degrees 20 minutes 30 seconds East, 58.72 feet along the West line of said Section 27, thence South 89 degrees 35 minutes 30 seconds East 1319.96 feet; thence South 89 degrees 12 minutes 30 seconds East 1475.12 feet; thence South 0 degrees 06 minutes 20 seconds West 67.55 feet; thence North 89 degrees 12 minutes 30 seconds West 143.01 feet, to point of beginning, contain- ing 4.201 acres of land more or less, except the portion thereof used for Farmington Road: and having also considered the conditions set forth in said deed, which conditions read as follows: "For grantee's use as a public street, roadway or thoroughfare. Grantor reserves the right to the use thereof in connection with its quarrying and manufacturing operations on properties des- cribed in a certain lease between grantee and grantor dated May 1, 1963, recorded on May 13, 1963 in L. 15030, Pp, 845-853 incl. , W.C.R. , as amended by a certain instrument dated May 6, 1963, recorded May 13, 1963, in L. 15030, Pp. 854-56 incl. , W.C.R. Grantee as a further consideration therefor hereby agrees to maintain at its own expense the said roadway in proper condition to accomodate grantor's heavy trucks and other vehicles; and agrees that grantor will not be taxed or have special assess- ments levied against it as owner of the lands described in the above amendment to the least for any paving, sidewalks, lighting or other improvements thereto, nor shall grantor be assessed for any part or portion of the cost of extending water mains there- under, except for the service charge made for grantor's connections to said water mains. The foregoing conditions placed upon the Grantee's use as a public street, roadway or thoroughfare shall terminate on October 1, 1975 after which the Grantee shall have unlimited use of the pre- mises described above as a public street, roadway or thoroughfare." the Council does hereby accept for and in behalf of the City of Livonia the aforesaid Quit Claim Deed and the City Clerk is hereby requested to Page 7925 have the same recorded with the Wayne County Register of Deeds office and to do all other things necessary or incidental to the full perfor- mance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, McCann, Nash, Salvadore, Milligan, and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman McCann, it was #505-66 RESOLVED, that having considered a letter from the Personnel Director dated April 28, 1966, approved by the Mayor and Budget Director, which transmits a resolution adopted by the Civil Service Commission on April 26, 1966, wherein the Civil Service Commission has recommended that the salary rate for the classification of Vehicle License Examiner be ad- justed from Salary Grade 102 with a range of $5,512 to $6,260 to Salary Grade 107 with a range of $5,824 to $6,572, the Council does hereby concur in and approve of such recommendation for the reasons set forth in the afore- said communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, McCann, Nash, Salvadore, Milligan, and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Salvadore, it was #506-66 RFROLVED, that having considered a letter from the Personnel Director dated April 28, 1966, approved by the Mayor and Budget Director, which transmits a resolution adopted by the Civil Service Commission on April 26, 1966, wherein the Civil Service Commission has recommended that the salary rate for the classification of Police Dispatcher be adjusted from Salary Grade 95 with a range of S5,324 to S5,825 to Salary Grade 107 with a range of $5,824 to $6,572, the Council does hereby concur in and approve of such recommendation for the reasons set forth in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, McCann, Nash, Salvadore, Milligan, and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman Milligan, it was #507-66 RESOLVED, that having considered the communication from the City Planning Commission dated April 22, 1966, which transmits its resolution #3-57-66 adopted on March 29, 1966, wherein the recommendation of the Planning Commission is set forth regarding the preliminary plat of Country Homes Estates #3, located in the Southeast 1/4 of Section 8, the Council does hereby acknowledge receipt of same and does defer taking action until such time as the report from the Department of Public Works regarding the development plans and specifications in the said proposed subdivision has been submitted. Page 7926 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, McCann, Nash, Salvadore, Milligan, and Ventura. NAYS: None. By Councilman Salvadore, seconded by Councilman McCann, it was #508-66 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated April 26, 1966, approved by the Director of Public Works and Budget Director, the Council does hereby accept the bid of Economy Linen Service, 7450 Melville, Detroit, Michigan for supplying the City with uniforms for employees in certain specified classifications in the Operations Division at a unit cost of $1.55 per week, 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: Kleinert, McNamara, McCann, Nash, Salvadore, Milligan, and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was RESOLVED, that having considered a letter from Burl T. Woodward, Manager of the Hines Park Motel, 37001 Ann Arbor Road, Livonia, dated April 29, 1966, regarding the prohibition set forth in Article XI, Section 11.03 (e) (3) of Ordinance No. 543, as amended, the Zoning Ordi- nance, wherein it is provided that motels shall not exceed two stories or 35 feet in height, the Council does hereby take this means to advise Mr. Woodward that it would be most expedient to directly contact the City Planning Commission for the purpose of initiating the amendatory proce- dures set forth in Article XXIII of the Zoning Ordinance so that consider- ation may be given to amending Section 11.03 (e) wherein the construction of motels which are three stories in height would be permitted. By Councilman Kleinert, seconded by Councilman McNamara, it was RESOLVED, that the foregoing resolution be amended so as to direct the Planning Commission to have a Public Hearing on the question referred to. The President declared the amending resolution out of order, and Council- man McNamara challenged the ruling of the Chair. The President relinquished the Chair to the Vice-President at 8:45 P. M. A roll call vote was taken on the challenge to the ruling of the Chair, with the following result: AYES: Kleinert, McNamara, and Salvadore. NAYS: McCann, Ventura, Milligan, and Nash. The Vice-President declared the ruling of the Chair upheld. Page 7927 The President resumed the Chair at 8:50 P. M. A roll call vote was taken on the original resolution with the following result: AYES: McCann, Milligan, and Ventura. NAYS: Kleinert, McNamara, Nash, and Salvadore. The President declared the resolution denied. By Councilman Kleinert, seconded by Councilman Salvadore, it was #509-66 RESOLVED, that having considered a letter from Burl T. Woodward, Manager of the Hines Park Motel, 37001 Ann Arbor Road, Livonia, dated April 29, 1966, regarding the prohibition set forth in Article XI, Sec- tion 11.03 (e)(3) of Ordinance No. 543, as amended, the Zoning Ordinance, wherein it is provided that motels shall not exceed two stories or 35 feet in height, the Council does hereby, pursuant to Section 23.01 (2) of the Zoning Ordinance, request that the City Planning Commission conduct a public hearing on the question of whether or not the aforesaid section should be amended so as to permit the construction of motels which are three stories in height and that the commission thereafter submit its report and recommendation to the Council; and further, the Department of Law is hereby requested to do all things necessary in the preparation of such a proposed amendment for the purposes herein set forth. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, McCann, Nash, Salvadore, Milligan, and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman Milligan, it was #510-66 RESOLVED, that having considered the report and recommendation dated October Th, 1965 from the City Planning Commission which sets forth its resolution #9-170-65 in regard to Petition 65-8-1-1 submitted by Walter J. Abraham for a change of zoning on property located on the south side of Five Mile Road between Paderewski and Garden in the Northwest 1/4 of Section 24 from R-1 to C-2, and the Council having conducted a public hearing with regard to this matter on December 13, 1965, pursuant to council resolution #1019-65, and the Council having further considered the subsequent report and recommendation made by the Planning Commission dated April 22, 1966 in its resolution #3-61-66 and which was submitted pursuant to council resolution #1186-65, the Council does hereby concur with the recommendation of the Planning Commission and said Petition 65-8-1-1 is hereby denied for the reasons set forth in the Planning Com- mission' s denial. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, McNamara, McCann, Nash, Salvadore, Milligan. NAYS: Ventura. The President declared the resolution adopted. Page 7928 The following resolution was unanimously introduced, supported and adopted: #511-66 WHEREAS, Adeline Flanagan has recently resigned her position as Deputy City Treasurer after faithfully serving the City of Livonia in that capacity and as an employee for the past 11 years; and WHEREAS, Addie, as she has affectionately been known, has consci- entiously and honestly discharged the duties of her office as custodian of the City's monies; and WHEREAS, Addie has contributed services which are in addition to those prescribed for her office including her tenure as Chairman of the Board of Trustees for the Employee's Retirement System; and WHEREAS, in the course of such service she has given of her time and conducted herself at all times in a manner so as to merit the com- mendation of the people of this community; and WHEREAS, understandably her ensuing departure for Florida occasions feelings of regret among those who have known her and benefited from her devotion to the performance of her duties; NOW, THEREFORE, BE IT RESOLVED that, having earned the admiration and respect of the members of the City Council, the Council believes that it is fitting and proper to record at this time its sincerest best wishes to Adeline's success in all of her future endeavors. On motion of Councilman Nash, seconded by Councilman McCann, and unanimous- ly adopted, this 539th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:02 P. M. , May 18, 1966. .10111 ADDISON W. BACON, \q: g C -rk