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HomeMy WebLinkAboutCOUNCIL MINUTES 1962-10-10 Page 5691 MINUTES OF THE THREE HUNDRED EIGHTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 10, 1962, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the Vice President of the Council at approximately 8:17 P. M. Councilman Parks delivered the invocation. Roll was called with the following result: Present-- Edward H. McNamara, John T. Daugherty, 'Wiliam E. Parks, Rudolf R. Kleinert, John F. Dooley and James R. McCann. Absent-- *Sydney B. Bagnall. Elected and appointed City Officials also present: Juanita Hillas, Deputy City Clerk; the City Attorney; the Director of Public Works; the Budget Director; the Chief City Engineer; and the Director of Public Safety. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #772-62 RESOLv J that, the minutes of the 380th regular meeting of the Council of the City of Livonia, held on October 3, 1962, are hereby ap- proved. By Councilman McCann, seconded by Councilman Daugherty, it was #773-62 RESOLVER that, pursuant to Section 19.01 of the Zoning Ordinance of the City of Livonia, Ordinance No. 60, and Section 6, Act 207, Public Acts of Michigan of 191, as amended, Rae L. Frame, 9309 Idaho Avenue, Livonia, Michigan, is hereby appointed as a member of the Zoning Board of Appeals for a term of three years commencing July 11, 1962, with all of the authority and duties set forth in said Zoning Ordinance and Act 207. By Councilman Kleinert, seconded by Councilman Parks, it was RESOLVED that, the appointment to the Zoning Board of Appeals be tabled to the meeting two weeks from tonight, October 2i , 1962. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert and McNamara. NAYS: Dooley, McCann and Daugherty. The Vice President declared the resolution denied. A roll call vote was taken on resolution #773-62, with the following result: Page 5692 AYES: Dooley, McCann, Daugherty and McNamara. NAYS: Parks and *Kleinert. *Councilman Kleinert stated that he had no objections but was voting "no" because he had no knowledge of the man's qualifications. The Vice President declared the resolution adopted. The letter dated October 1, 1962, from the Mayor with respect to the use of the old Police Station Building, was received and placed on file for the information of the Council. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #774-62 RESOLVED that, the City Attorney is hereby requested to prepare and furnish the City Council with an opinion defining the prerogatives of the Mayor and City Council with respect to the use and allocation of space within municipal buildings, with specific reference, including consideration, to Chapter IV, Section 15, and Chapter X, Section 18 of the City Charter. By Councilman Kleinert, seconded by Councilman Parks and unanimously adopted, it was #775-62 RESOLVED that, the letter dated September 17, 1962, from the Engineering Division, submitted pursuant to resolution #484-62, with respect to an improvement in the Blue Drain, together with the letter dated September 10, 1962, also from the Engineering Division with respect to a proposed enclosure of a portion of the Bell Creek Drain, submitted pursuant to resolution #276-62, are each referred to the Water and Sewer Committee of the Council for its report and recommendation. By Councilman Parks, seconded by C ouncilman Daugherty and unanimously adopted, it was #7?6-62 RESOLVED that, having considered the communication dated Septem- ber 18, 1962, from die Acting Chairman of the Parks and Recreation Commission, the Council does hereby determine to proceed with the naming of the parks as originally recommended by the Parks and Recreation Commission, and for this purpose redirects the Department of Law to prepare an ordinance as requested in resolution #361-62. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #777-62 RESOLVED that, the communication dated September 11, 1962, from the Chief City Engineer regarding the extension of a sanitary sewer on Page 5693 Floral Street, submitted pursuant to resolution #663-62, is hereby referred to the Water and Sewer Board for its report and recommendation. By Councilman McCann, seconded by Councilman Kleinert and unanimously adopted, it was #778-62 RESOLVED that, the communication dated September 211., 1962, from the Michigan Department of Agriculture, with respect to its Japanese Beetle Program, is hereby referred to the Department of Parks and Recreation for its report including the necessity and an estimate of expenses that might be incurred by the City in connection with such program. By Councilman Parks, seconded by Councilman Dooley and unanimously adopted, it was #779-62 RESOLVED that, having considered the petition of Karl Lindquist and Lydia Lindquist, his wife, 20151 Gill Road, Livonia, Michigan, received September 25, 1962, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of divid- ing Lots No. 2Lb, No. 25b, No. 26b and No. 28 of Fairway Subdivision No. 2, a part of the Northwest 1/4. of Section l,., T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, into two parcels as follows: Parcel No. 1 - to comprise the south 255.70 feet of Lots No. 24b, No. 25b and No. 26b, except the south 135 feet thereof, and Lot No. 28 except the south 135 feet thereof; and Parcel No. 2 - to comprise the south 135 feet of Lots No. 24b, No. 25b and No. 26b, also the south 135 feet of Lot No. 28; as shown on the map attached to the aforementioned petition; 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 Parks, seconded by Councilman Dooley, it was RESOLVED that, firemen be paid on "Kelly Days" at the same rate as they are paid on any other day that they work, as of November 30, 1962. *Councilman Sydney B. Bagnall arrived at 9:03 P. M. By Councilman McCann, seconded by Councilman Daugherty, it was #780-62 RESOLVED that, the letter dated September 25, 1962, from the Civil Service Commission regarding rate adjustment in the Fire Department for firemen working "Kelly days", be tabled to the next regular meeting of the Council, October 17, 1962. A roll call vote was taken on the foregoing resolution with the following result: L. AYES: Dooley, Bagnall, McCann, Daugherty and McNamara. NAYS: Parks and Kleinert. The Vice President declared the resolution adopted. Page 5694 By Councilman Daugherty, seconded by Councilman Parks, it was RESOLVED that, having considered the request dated July 9, 1962, from the Michigan Liquor Control Commission, and the report dated Septem- ber 25, 1962, from the Director of Public Safety in connection therewith, the Council hereby takes this means to inform the Michigan Liquor Control Commission that it did previously approve of a request from Mr. Rocco Ferrera, 20500 St. Mary's Avenue, Detroit, Michigan, for a new Class C license, and takes this means of informing the Michigan Liquor Control Commission that the property located at 29703 West Seven Mile Road, Livonia, Michigan, is presently zoned C-2 and may be used under existing zoning ordinance for any commercial use; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman Dooley, seconded by Councilman Bagnall, it was RESOLVED that, the foregoing resolution be amended to include the words "including the operation of a Class C license business." A roll call vote was taken on the amendment with the following results AYES: Dooley, Bagnall, McCann, Kleinert and McNamara. NAYS: Daugherty and Parks. The Vice President declared the amendment adopted. A roll call vote was taken on the resolution, as amended, as follows: #781-62 RESOLVED that, having considered the request dated July 9, 1962 from the Michigan Liquor Control Commission, and the report dated Septem- ber 25, 1962, from the Director of Public Safety in connection therewith, the Council hereby takes this means to inform the Michigan Liquor Control Commission that it did previously approve of a request from Mr.Rocco Ferrera, 20500 St. Mary's Avenue, Detroit, Michigan, for a new Class C license, and takes this means of informing the Michigan Liquor Control Commission that the property located at 29703 West Seven Mile Road, Livonia, Michigan, is presently zoned C-2 and may be used under existing zoning ordinances for any commercial use including the operation of a Class C license business; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. with the following result: AYES: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara. NAYS: None. The Vice President declared the resolution, as amended, adopted. By Councilman Bagnall, seconded by Councilman Parks and unanimously adopted, it was Page 5695 #782-62 RESOLVED that, having considered the communication dated Feb- ruary 14, 1962, from the Michigan Liquor Control Commission, and the report and recommendation dated October 1, 1962, from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Cloverlanes Steak Knife, Inc., for a new Dance Permit to be held in conjunction with 1961 Class C license with Official Permit for bowling and food at 28900 Schoolcraft Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman Daugherty, seconded by Councilman Kleinert, it was RESOLVED that, having considered the request dated July 13, 196 , and August 9, 1962, from the Michigan Liquor Control Commission, regarding a request from Donald A. Tartoni, and Gerald L. Rasak, respectively, for new SIM licenses, the Council does hereby refer the same to the Director of Public Safety for his report and recommendation in connection therewith. By Councilman Dooley, seconded by Councilman Parks and unanimously adopted, it was #783-62 RESOLVED that, the letters dated July 13, 1962 and August 9, 1962 from the Michigan Liquor Control Commission regarding a request from Donald A Tartoni, and Gerald L. Rasak, for SDM licenses, be tabled to the next regular meeting of the Council, October 17, 1962. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #7811-62 RESOLVED that, having considered the request dated September 11, 1962, from the Michigan Liquor Control Commission, and the report and recommendation dated September 27, 1962, from the Director of Public Safety in connection therewith, the Council does hereby approve of a request from Drugland, Inc., for a new SDD license to be held in con- junction with a 1962-63 SDM licensed business located at 29493 West Seven Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman Parks, seconded by Councilman Bagnall, it was #785-62 RESOLVED that, having considered the request dated September 10, 1962, from the City Assessor, the Council does hereby transfer the sum of $300.00 from the Unallocated Account of the Budget to Account No. 1140-6 (Car Allowance), and also transfers the sum of $631.63 from Account No. 145-1 (Board of Review-Salaries and Wages) to Account No. 140-1 (Assessor's Office-Salaries and Wages), such appropriation and transfer being made for the purpose of providing necessary funds for car allowance and to employ temporary help for the balance of the fiscal year in the Assessor's office. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara. NAYS: None. Page 5696 By Councilman Kleinert, seconded by Councilman McCann, it was #786-62 RESOLVED that,having considered the letter dated September 27, 1962, from the Chief City Engineer, recommendjrg final payment to Joseph Cyr Architects & Associates, for architectural services in connection with the Police Headquarters Building, the Council does hereby approve of such recommendation and authorizes payment to the aforesaid architect in the amount of $1,939.90, which sum represents the full balance due and owing on a contract dated December 7, 1960, between the City and the said architects; and the City Clerk and City Treasurer are hereby aithorized 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: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #787-62 RESOLVED that, having considered the letter dated September 5, 1962, from the City Engineer recommending final payment to the contractor for the Water and Sewer Building, and having also considered other verbal remarks, the Council does hereby defer action on this matter and requests from the Engineering Division a report as to the adequacy of the heating and air conditioning facilities of this building and also an indication as to whether or not such building has been completed and is satisfactory in all respects. Councilman Dooley introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 27 OF THE ZONING MAP OF THE CITY CF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING THERETO SECTION 3.337. THE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated July 11, 1962 on Petition Z-558 having been considered 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 oonia is hereby anended by addirg thereto the following section: Section 3.337. Petition No. Z-558, as mended, submitted by Albert Schroeder is hereby granted and the zoning classification of the premises hereinafter described is hereby changed from C-1 to C-2 as requested in said petition, as amended: Page 5697 The north 175 feet of the East 150 feet of the following described premises: That part of the northeast 1/4 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at the northeast corner of Section 27 and proceeding thence South 00 07' 30" East along the East line of said Section, 376.14 feet; thence North 890 22' 10" West 425.0 feet; thence 00 07' 30" West 377.09 feet to the north line of Section 27; thence South 890 14' 28" East along said north line 125.02 feet to the point of beginning, except the North 102.0 feet thereof, also except the East 60 feet thereof, 2.30 acres. and the Northeast 1/14 of Section 27 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 94 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. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, it was #788-62 RESOLVED that, Petition V-73, dated May 10, 1962, from S. Z. Wolack, President of Dotty Realty Company, for the vacating of certain easements in Meadowview Subdivision and Meadowview Subdivision No. 2, Sections 20 and 21, City of Livonia, is hereby referred to the City Plan- ning Commission for a public hearing pursuant to provisions of law and Ordinance No. 29, as amended. At 9:40 P. M., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call, the President of the Council presiding. A report dated October 8, 1962, from the Water and Sewer Committee was read by Councilman Parks, Chairman. By Councilman Dooley, seconded by Councilman Kleinert, it was Page 5698 RESOLVED that, having considered the request from the Wayne County Drain Commissioner for direction regarding the completion of im- provements to the Bakewell Drain and the financing of same, and having considered also the report of the Water and Sewer Committee of the Council in regard thereto, the Council does hereby recommend that the Wayne County Drain Commissioner complete the in- stallation of those two sections of the Bakewell Drain which traverse Newburgh Road, provided that the proprietors of the Castle Gardens Subdivision first deposit with the Wayne County Drain Commissioner the sum of $10,000.00, and the Council determines that in such case the installation of the aforesaid improvement shall be paid first from the deposit of the proprietors referred to above, secondly, from any surplus funds remaining after the sake of Bakewell Drain bonds, and third, from any surplus funds remaining after the sale of other Livonia drain bonds, and any balance that may be due and owing after these sources of revenue are expended to be paid by the City from general funds or other funds which may be legally expended for this purpose; and the City Clerk is hereby requested to forward a copy of this resolution to the Office of the Wayne County Drain Commissioner for its information and direction. At 10:32 P. M., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting, including the President of the Council. By Councilman Parks, seconded by Councilman Dooley, it was #789-62 RESOLVED that, consideration of the Bakewell Drain Improvements be tabled to the meeting two weeks from tonight, October 21 , 1962. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Parks, Kleinert and Bagnall. NAYS: Daugherty. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman McNamara and unanimously adopted, it was #790-62 RESOLVED that, having considered the letter dated September 20, 1962, from the Mayor, submitted pursuant to resolution #211-62, the Council does hereby reaffirm its request that the Mayor establish a time and place for a joint meeting between the Mayor, City Council, and Civil Service Commission (including its staff), in order to discuss those matters re- ferred to in resolution #241-62 adopted on March 26, 1962, and that the date of such meeting be no later than November 1, 1962. Page 5699 The following resolution was unanimously introduced and adopted by the Council: #791-62 WHEREAS, the members of the Livonia City Council have learned of the sudden passing of James Watson, Jr., and WHEREAS, James Watson, Jr., was Vice Chairman of the City Plan- ning Commission of the City of Livonia and a most respected citizen of this community; and WHEREAS, James Watson, Jr., was a dedicated and respected public servant and made contributions to the progress of the City of Livonia; NOW, THEREFORE, BE IT RESOLVED that, the City Council of the City of Livonia believes it to be fitting and proper to record at this time its esteem and affection for a beloved and respected public servant, citizen and friend; and to share with his family and our community the great loss sustained by reason of the untimely death of James Watson, Jr. On motion of Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, this 381st regular meeting of the Council of the City of Livonia was duly adjourned at 10:50 P. M., October 10, 1962. Ma eliselark, City Clerk