HomeMy WebLinkAboutCOUNCIL MINUTES 1963-09-11 Page 6219
MINUTES OF THE FOUR HUNDRED TWENTY-FIRST REGULAR MEETING
OF THE COUNCIL CF THE CITY OF LIVONIA
On September 11, 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 8:06 P. M. Councilman Kleinert delivered the invocation.
Roll was called with the following result: Present-- Sydney B. Bagnall, John T.
Daugherty, Rudolf R. Kleinert, John F. Dooley, Edward H. McNamara and James R. McCann.
Absent-- *William E. Parks.
Elected and appointed officials present: Marie W. Clark, City Clerk;
Juanita Hillas, Deputy City Clerk; Alan walt, City Attorney; Milton I. Firestone,
Assistant City Attorney; Robert A. Shaw, Director of Public Works; Addison W. Bacon,
Director of Public 6afety; William J. Strasser, Chief City Engineer; Victor C.
Phillips, Budget Director; David R. McCullough, City Planner; Thomas J. Griffiths, Jr.,
Chief Accountant; Skip Rusenthal, Librarian; Daniel R. Andrew, Industrial Coordinator;
and Donald L. Bachman, Traffic Commission.
By Councilman McNamara, seconded by Councilman Kleinert, it was
#696-63 RESOLVED that, the minutes of the 420th regular meeting of the
Council of the City of Livonia, held September 4,1963, are hereby approved.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara, McCann, Daugherty and *Bagnall.
NAYS: None.
*Councilman Bagnall abstained from voting, which is recorded as a "Yes" vote under
the provisions of Ordinance No. 27, as amended.
The Presidelt declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman McNamara, it was
#697-63 RESOLVED that, having received the report and recommendation
as previously requested by the Council in resolution #437-63, relative
to the Street Tree Planting Program, the Council does hereby refer the
same to the Finance Committee for its report and recommendation.
*Councilman William E. l'arks arrived at 8:10 P. M.
Pa_ e 6220
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall.
NAYS: None.
The report from the City Planner and City Engineer relative to the offer
of Mr. Albert Haddad to sell certain property on Plymouth Road to the City, was
removed from the agenda to the next meeting of the Council.
An Ordinance Amending Section 3 of the Zoning Hap 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 3.357, introduced by Councilman
Kleinert on September 4, 1963, was taken from the table and a roll call vote con-
ducted thereon with the following msult:
AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall.
NAYS: None,
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
By Councilman McNamara, seconded by Councilman Kleinert, it was
#698-63 RESOLVED that, having considered the report and recommendation
dated August 26, 1963, from the Chief City Engineer, approved by the
Director of Public 4orks, regarding final payment of Henry Ruff Special
Paving Project, Joy Road to Grandons by contract dated September 27, 1962,
and it appearing that the Contractor's Declaration and Contractor's
Affidavit have been filed with the City Clerk and a one-year maintenance
and guaranty bond having been provided as part of the contract documents,
and that all work has been completed in accordance with the City's standards,
the Council does hereby approve the final estimate of $1,945.80, and
authorizes final payment in said amount to S. Weissman Excavating Company,
15496 Telegraph Road, Detroit 39, Michigan, which sum represents the full
and complete balance due on said contract between the aforesaid company
and the City of Livonia; 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: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall.
NAYS: None.
Page 6221
By Councilman Kleinert, seconded by Councilman McCann, it was
#699-63 RESOLVED that, having considered the report and recommendation
dated August 26, 1963, from the Chief City Engineer, approved by the
Director of Public Works, regarding City contribution and refund of excess
funds for Henry Ruff Special Paving Project, Joy Road to Crandon, in ipecial
Assessment District No. 17; and the Council determining and it appearing
that the assessable share borne and paid by special assessment was
$17,102.79, whereas the actual cost of such assessable share was $13,300.91,
and it appearing that the City's contribution for intersections and cross-
walks was originally estimated at 520178.81„ which was heretofore allocated
therefor, and whereas the actual cost as adjusted is $1,095.00, the Council
does hereby:
(a) determine that there is no outstanding evidence of indebtedness
secured in whole or in part by such special assessment;
(b) that the assessment proving larger than necessary by more than
five (5%) per cent, the entire excess of $3,801.88 shall be refunded
on a pro rata basis to the owners of the property assessed or their
successors or assigns, and further that such refund shall be made by
credit against future unpaid installments in the inverse order in
which they are payable to the extent such installments then exist and
the balance of such refund shall be in cash;
(c) that portion of the costs and expenses of such improvement to be
borne and paid by the City for the costs of intersection paving and
crosswalks is hereby determined to be $1,095.00; and
the City Treasurer is requested to do all things necessary or incidental to
the full performance of this resolution, and all other previous resolutions
are hereby rescinded to the extent that they are in conflict herewith, and
to the extent necessary to give this resolution full force and effect.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall.
NAYS: None.
The letter dated September 5, 1963, from Lucy Hitchcock concerning the
splitting of lots 270 and 271 of Supervisor's Livonia Plat No. L, wns removed from
the agenda to the study meeting.
By Councilman Parks, seconded by Councilman Kleinert and unanimously
adopted, it was
#700-63 RESOLVED that, having considered the communication dated August 29,
1963, from Ernest H. Stingle„ 9270 Lathers, Livonia, Michigan, regarding
pavement of one side of Harrison Avenue, from Joy hoad to the alley north
thereof, the Council does hereby refer the sane to the Streets, Roads and
Plats Committee for its report and recommendation.
Page 6222
By Councilman Dooley, seconded by Councilman McNamara and unanimously
adopted, it was
#701-63 RESOLVED that, having considered the communication dated Septem-
ber 9, 1963, from Lou Maitland concerning a house adjacent to 9019 Beatrice,
the Council does hereby refer the same to the Department of Law and Chief
Building Inspector for their reports and recommendations.
By Councilman Kleinert, seconded by Councilman Parks, it was
#702-63 RESOLVED that, having considered the request and recommendations
dated August 30, 1963, approved by the Director of Public works and the
Budget Director, the Council does hereby authorize the use of $321.37 from
the Capital Outlay Account of the Division of Operations Budget (Account
No. 245-70) for the purchase of a Drill Press as requested, at a price not
to exceed the sum herein specified.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall.
NAYS: None,
By Councilman Daugherty, seconded by Councilman Parks and unanimously
adopted, it was
#703-63 RESOLVED that, having considered the letter dated August 9, 1963,
from Frank C. Ernst to the Mayor, the City Engineer's office is requested
to supply Mr. Ernst with the proposed master plan of sanitary sewers in
response to the request for information contained in the subject 'attar.
By Councilman Dooley, seconded by Councilman Daugherty and unanimously
adopted, it was
#704-63 RESOLVED that, having considered the report and recommendation
dated August 30, 1963, from the Traffic Commission, regarding certain
proposed amendments to Traffic Ordinance No. 21, the Council hereby refers
the same to the Legislative Committee for its report and recommendation.
By Councilman McNamara, seconded by Councilman Daugherty and unanimously
adopted, it was
#705-63 RESOLVED that, having considered the requests and recommendations
dated September 3, 1963, from the Chief Inspector, approved by the Director
of Public oiorks, the Council hereby refers the same to the Finance Committee
for its report and recommendations.
By Councilman Kleinert, seconded byCbunciIman Daugherty and unanimously
adopted, it was
Page 6223
#706-63 RESOLVED that, having considered the letter dated July 24, 1963,
from Marvin A. Canvasser, regarding application for Class C license for
business center at Schoolcraft and Inkster Roads the Council does hereby
refer the same to the Committee of the Whole.
The report of the Municipal Court for the month of August, 1963, was
received and placed on file for the information of the Council.
By Councilman Daugherty, seconded by Councilman McNamara and unanimously
adopted, it was
#707-63 RESOLVED that, in connection with the monthly report from the
Violations Bureau of the Municipal Court of the City of Livonia, that
such report will in the future incorporate comparison by the Accounting
Department of the City in relation to the estimated revenues from such
accounts as contained in the annual budget; this information to appear
on the face of the monthly report submitted to the City Council,
By Councilman McNamara, seconded by Councilman Kleinert and unanimously
adopted, it was
#708-63 RESOLVED that, having considered the letter from the Michigan
Liquor Control Commission, dated July 12, 1963, and the report and recom-
mendation of the Director of Public Safety, dated September 9, 1963, in
connection therewith, the Council does hereby approve of the request from
Livonia Drug Company for transfer of ownership of 1963-64 SDD-SDM licensed
business located at 33525 Five Mile Road, Livonia, from Mary Roach, Est.,
Donald J. Roach, Exec. and Partner, and the City Clerk is hereby requested
to forward a certified copy of this resolution to the Michigan Liquor
Control Commission,
Councilman Kleinert introduced the following emergency Ordinance:
No, 443
AN ORDINANCE AMENDING SECTIONS 10 AND 30 OF THE ZONING MAP
OF THE CITY (F LIVONIA AND AMENDING ARTICLE 3.00 OF THE
ZONING ORDINANCE, ORDINANCE NO.60, A,.) AMENDED, OF THE CITY
OF LIVONIA, BY ADDING THEitETO SECTIONS 3.358 AND 3.359.
THE CITY OF LIVONIA ORDAINS:
Section 1. The reports and recommendations of the City Planning Commission
dated July 30, 1963, on Petitions numbered Z-584 and 1-597, having been considered by
the Council, the Council hereby ado ts said petitions to amend the Zoning Ordinance
and the Zoning Map of the City of Livonias and all proceedings heretofore conducted
on said petitions 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 sections:
Page 6224
Section 3.358. Petition No. Z-584, submitted by Leon L. Merriman,
Agent for Samuel J. Corbett, is hereby granted and the zoning classification
of the premises hereinafter described is hereby changed from C-1 and M-1 to
C-2 as requested in said petition:
Part of the Southwest 1/4 of Section 30, Town 1 South, Rnage 9
East, described as oeginning on the center line of Eckles Road,
being also the West line of Section 30, said point being South
10 49' 50" East 226.73 feet from the West i/4 corner of Section
30, Town 1 South, Range 9 East, and proceeding thence North 880
10' 10" East 260 feet; thence along the West line of a 40 foot
sewer easement to the City of Livonia South 110 49' 50" East 100
feet; thence South 880 10' 10" West 260 feet; thence along the
center line of Eckles Road, being also the West line of Section
30, North 10 49' 50" West 100 feet to the point of beginning;
excepting the West 60 feet (measured at right angles) thereof
for Eckles Road 120 feet wide;
and the Southwest 1/4 of Section 30 of the Zoning Map is hereby amended to
conform to the change made in this section.
Section 3.359. Petition No. 1-597, initiated by the City Planning
Commission on its own motion is hereby granted and the zoning classification
of the premises hereinafter desctibed is hereby changed from R-L-A to UFA,
as requested in said petition:
The North 1760 feet of the Northeast 1/4 of Section 10, T. 1 S.,
R. 9 E., City of Livonia, Wayne County, l�lichigan;
and the Northeast 1/4 of Section 10 of the Zoning Map is hereby amended to
conform to the change made in this section.
Section 3. The attached map designated "Amendment No. 113 of the Zoning
Map of the City 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 portions 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.
A roll call vote was conducted on the foregoing Ordinance with the following result:
AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall.
NAYS: None.
Page 6225
The President declared the foregoing Ordinance duly adopted and would become of-
fective on publication.
By Councilman Kleinert, seconded by Councilman McNamara and unanimously
adopted, it was
#709-63 RESOLVED that, the Council having approved of a zoning change
from C-1 and M-1 to C-2 on the property described in Petition No. Z-58L1,
and in order to facilitate the development of that property and the use
of the new zoning classification, the Council does hereby authorize the
Bureau of Inspection to issue a building permit for a credit union office
without delay or further procedures before the Planning Commission or
Council; however, such building permit to be processed in all other
respects in the ordinary manner.
The following resolution was unanimously offered and adopted by the
Council:
#710-63 WHEREAS, Marie W. Clark, City Clerk of the City of Livonia, has
been selected for "Who's Who of American Women" for 1963; and
WHEREAS, this designation of Marie W. Clark as a City official
brings national recognition to the City of Livonia and to our local govern-
ment;
NOW, THEREFORE, BE IT RESOLVED that, this City Council extends
its congratulations to Marie W. Clark for the honor and national recognition
received.
The President relinquished the chair to the Vice President at 9:Lt6 P. M.
By Councilman Bagnall, seconded by Councilman McCann, it was
#711-63 WHEREAS, the installation of the storm sewer known as Livonia
Drain No. 16, was referred to the Wayne County Drain Commissioner in
January, 1962, in order to facilitate the installation of storm drainage
for this section of the City and more subsequently to provide adequate
drainage for the Twenty Five Million Dollar Shopping Center to be located
at Seven Mile and Middlebelt Roads, and
WHEREAS, this Shopping Center will provide a sizable increase in
tax income for both the City and the Clarenceville School district, and
WHEREAS, the plans for this improvement were not completed until
July, 1963, and
WHEREAS, subsequent to the completion of the plans, the constitu-
tional validity of Section 20 of Act 40, Public Acts of Michigan, 1956, as
amended, was challenged through litigation and has recently been referred
to the United States Supreme Court, and
Page 6226
WHEREAS, in view of this, bonds may not be sold and the improve-
ment cannot be installed until this litigation has been resolved,
NOW, THEREFORE, BE IT RESOLVED that, the matter of the Livonia
Drain No. 16 is hereby referred to the Mayor so that it may in turn be
referred to the Wayne County Board of Supervisors for whatever action they
may legally take to proceed with the installation of this drain, it being
the understanding of the Council that at the last session of the State
Legislature, implementing legislation was enacted to enable counties to
pledge the full faith and credit of the county for the financing of such
improvements; further, the Wayne County Drain Commissioner is requested to
cooperate in the possible change of jurisdiction; and that the Council and
the City Clerk be kept informed by the Mayor of the progress of the in-
stallation of this improvement.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Kleinert, Dooley, McCann, Bagnall, Daugherty, Parks and McNamara.
N.AYSt None.
On motion of Councilman Dooley, seconded by Councilman McCann and
unanimously adopted, this 421st regular meeting of the Council of the City of
Livonia was duly adjourned at 9:01 P.M., September 11, 1963.
Near W. Clark, City Clerk