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HomeMy WebLinkAboutCOUNCIL MINUTES 1963-09-18 Page 6228 MINUTES OF THE FOUR HUNDRED TWENTY-SECOND REGULAR MEETING OF THE COUNCIL (F THE CITY OF LIVONIA On September 18, 1963, 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 9:50 P. M. Councilman Dooley delivered the invocation. Roll was called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty, William E. Parks, Rudolf A. Kleinert, John F. Dooley, Edward H. McNamara and James R. McCann. Absent-- None. Elected and appointed officials present: Marie W. Clark, City Clerk; Juanita Hillas, Deputy City Clerk; Frank J. Prebenda, Attorney, acting for the Depart- ment of Law; Thomas J. Griffiths, Jr., Chief Accountant; Robert A. Shaw, Director of Public Works; Victor C. Phillips, Budget Director; Addison W. Bacon, Director of Public Safety; Daniel R. Andrew, Industrial Coordinator; William J. Strasser, Chief LCity Engineer; David L. Jones, Water and Sewer Commissioner; David R. McCullough, City Planner; Samuel S. DeBono, Racing Commissioner; and Mayor Harvey W. Moelke. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #712-63 RESOLVED that, the minutes of the 421st regular meeting of the Council of the City of Livonia held September 11,1963, are hereby approved. By Councilman McCann, seconded by Councilman Daugherty, it was RESOLVED that, pursuant to a Public Hearing having been held on Wednesday, September 18, 1963, the City Council does hereby deny Petition M-274 of Nicholas George requesting permission to erect a drive-in theatre on property located on the North side of Plymouth Road approximately 660 feet west of Levan Road in the Southwest 1/4 of Section 29, for the reason that the approval of said petition would violate the objectives sought after, in accordance with matters to be considered under Section 17.05, of Or- dinance No. 123, specifically paragraphs (e) and (f); and that all of the additional reasons set forth in the Planning Commission denial are hereby incorporated into this resolution by this reference. The President relinquished the chair to the Vice President at 10:08 P. M., to speak L on the motion. Page 6229 A roll call vote was taken on the foregoing resolution with the following result; AYE: Daugherty, Kleinert and McCann. NAYS: Dooley, McNamara, Bagnall and Parks. The Vice President declared the resolution denied. The President resumed the chair at 10:20 P. M. By Councilman Parks, seconded by Councilman McNamara, it was #713-63 RESOLVED that, the City Council having by resolution #361-63 adopted at its meeting of May 15, 1963, set September 18, 1963, as the date for a public hearing on the appeal of Mr. Nicholas George from the denial of the City Planning Commission on Petition M-271 , said public hearing having been held, the Council does hereby grant said appeal, and hereby approves said land use in accordance with the Zoning Ordinance, and further grants the petitioner tentative approval of a license for the operation of a Drive-In Theatre on the property described in the petition, in accordance with the provisions of Ordinance No. 123 of the City, pertaining to the erection and operation of Drive-In Theatres. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, Parks and Bagnall. NAYS: McCann, Daugherty and Kleinert. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Dooley, it was #714-63 RESOLVED that, the City Attorney's office is requested to issue an opinion and ruling as to the validity of that portion of the previous resolution #713-63, relating to "tentative approval" of a license for the operation of a drive-in theatre. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: Kleinert. The President declared the resolution adopted. Councilman McCann was excused at 10:32 P. M., and returned at 10:35 P. M. By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was #715-63 RESOLVED that, having considered the letter dated September 16, 1963, from the City Engineer, the matter is hereby referred to the Water Page 6230 and Sewer Commissioner for a report relative to financing sewers, specifically for Melody Manor Subdivision. By Councilman McNamara, seconded by Councilman McCann, it was #716-63 RESOLVED that, having considered the report dated September 10, 1963, from the Director of Public °corks, submitted pursuant to resolution #678-63, and his report of August 21, 1963, concerning estimated costs, the Council does hereby determine and does authorize the Operations Division to sod the boulevard section on Barkley Avenue in Kimberly Oaks Subdivision, 34,000 square feet, and for this purpose, the Council does hereby transfer the sum of $920.00 from the Unallocated Fund to the Lyndon-Barkley Boulevard Sod Account No. 360-20. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #717-63 RESOLVED that, having considered the petition dated September 5, 1963, from Lucy Hitchcock, 6240 Lathers street, Garden City, Michigan, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing Lots 270 and 271 of Supervisor's Livonia Plat No. 4 in the Southeast 1/4 of Section 14, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, so as to split Lots 270 and 271 into two separate lots, each 70 feet in width on Wentworth Avenue and each 300 feet in depth, 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 resolu- tion to be recorded in the office of the Wayne County Register of Deeds. By Councilman Kleinert, seconded by Councilman Parks and unanimously adopted, it was #718-63 RESOLVED that, having considered the report and recommendation dated July 31, 1963, from the City Planning Commission with respect to Petition No. V-75, submitted by weingarden investment Company for the vacating of the south 10 feet of the existing easement located north of Lots 256, 257 and 258 in the E. G. Settle Realty l,ompany's Bonaparte Gardens Subdivision, situated in the Southeast 1/4 of Section 35, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, the Council does hereby concur with the recommendation of the City Planning Commission and Petition No. V-75 is hereby granted, subject, however, to the retention by the City of Livonia to an easement over the north 10 feet of what is now a 20 foot easement; and the Department of Law is requested to prepare the necessary ordinance in accordance with this resolution and thereafter submit the same to the City Council for its action. Page 6231 Councilman McNamara introduced the following emergency Ordinance: LNo. gill AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP OF THE CITY (F LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NC. 60, AS AMENDED, OF THE CITY OF LIVCNIA, BY ADDING THERETO SECT IC N 3.360. THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommea dation of theCity Planning Commission, dated August 26, 1963, on Petition Z-587a, having been cons ideru d by the Council, the council hereby adopts said petition to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings heretofore conducted on said petition are hereby approved. Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia is hereby amended by adding thereto the following section: Section 3.360. Petition No. Z.-587a, submitted byFbcco Corsi, is hereby granted and the zoning classification of the premises hereinafter described is hereby changed from RUFB to C-1 as requested in said petition: The North 100 feet of the South 260 feet of that part of the L East 1/2 of the Southwest 1/4 of the Southeast 1/4 of section 1, Town 1 south, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point on the South line of said section distant East 1059.79 feet from the South 1/4 corner of section 1, and proceeding thence East 70,09 feet alonig the South line of Section 1; thence North 00 15 min. West 653.01 feet to the center line of a creek; thence Westerly along said center line of the creek to a point located 665.60 feet North of the point of beginning; thence South 00 15 min. East 665.60 feet more or less, to thepoint of beginning; and the Southeast 1/4 of Section 1 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment Map No.11)4 of the Zoning Map of thebity of Livonia," showing all of the amendments and changes made in the foregoing Section 2 of this ordinance is hereby approved,established and made a part hereof. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 5. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining Lportions of this ordinance. Section 6. This ordinance is hereby declared to be an emergency ordinance, necessary for the protection of the public safety and welfare and shall take effect immediately on publication. Page 6232 A roll call vote was conducted on the foregoing Ordinance with the following result: AYES: Dooley, McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Kleinert, seconded by Councilman McNamara, it was #719-63 RESOLVED that, having considered a communication dated September 11, 1963, from the President of the Livonia Board of Education, concerning a prospective sale by the City of Livonia of a park site located in Section 15, the Council takes this means to advise the Livonia Board of Education that it would entertain an offer of $50,000 for said park site; and the City Clerk is hereby requested to transmit a copy of this resolution to the Livonia Board of Education, 15125 Farmington Road, Livonia, Michigan, to the attention of Mr. Robert H. Cain, President. Councilman McCann was excused at 11:43 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Daugherty, Parks, Kleinert and Bagnall. NAYS: Dooley. The President declared the r.:solution adopted. Councilman McCann returned at 11:45 P. M. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #720-63 RESOLVED that, having considered the communication dated August 28, 1963, from Mr. Norman Schwartzott, President of the Compton Village Associa- tion, 14134 Brentwood, Livonia, Michigan, regarding the installation of a four-way ston sign or some other means of control at Lyndon Road and Garden Road in Compton Village, the Council does hereby refer the same to the Traffic Commission for its report and reconlnendaticn. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #721-63 RESOLVED that, the report and recommendation dated August 29, 1963, from the City Planning Commission on Petition No. 1-589, is hereby tabled to the next regular meeting of the Council. Page 6233 By Councilman Kleinert, seconded by Councilman McCann, it was #722-63 RESOLVED that, having considered the report and reconinendation dated September 12, 1963,from the Superintendent of Operations Division, approved by the Director of Public works, the Council does hereby accept the bid of Fairview Sod Farm, Stockbridge, Michigan, for supplying the City with 15,000 square yards of Merrion Blue Sod, delivered to the Civic Center area, in accordance with the instructions to bidders and specifications and proposal forms, at 28 cents per square yard, such having been in fact, the lowest bid received for this material. A roll call vote w,s taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Daugherty, Parks, Kleinert and Bagnall. NAYS: None. On motion of Councilman Parks, seconded by Councilman McNamara and unanimously adopted, this 1122nd regular meeting of the Council of the City of Livonia was duly adjourned to Monday, September 23, 1963, at 8:00 o'clock P.M., the time of this adjournment being 11:53 P. M., September 18, 1963. M i W. Clark, City Clerk