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HomeMy WebLinkAboutCOUNCIL MINUTES 1963-02-13 Page 5858 MINUTES OF THE THREE HUNDRED NINETY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY CF LIVONIA On February 13, 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 McCann delivered the invocation. Roll was called with the following result: Present-- Sydney B. Bagnall„ William E. Parks, Rudolf R. Kleinert, John F. Dooley, Edward H. McNamara and James R. McCann. Absent-- *John T. Daugherty. Elected and appointed City officials also present: Juanita Hillas, Deputy City Clerk, the Director of Public Works, the first Assistant City Attorney, the Budget Directors the Chief City Engineer and the City Planner. By Councilman McNamara, seconded by Councilman Kleinert and unanimously adopted, it was #95-63 RESOLVED that, the minutes of the 395th regular meeting of the Council of the City of Livonia held on February 6, 1963, are hereby approved. The report dated February 1, 1963, from the Director of Public Works regarding maintenance bonds on City projects, was received and placed on file. By Councilman Kleinert, seconded by Councilman McNamara and unanimously adopted, it was #96-63 RESOLVED that WHEREAS, pursuant to the direction of the City Council in its resolution #84-63, adopted January 30, 1963, and in accordance with Sections 3.06 and 4.01 of Ordinance No. 401, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of February 7, 1963, an assessment roll dated February 7, 1963, covering the installation and operation of a Street Light System in the Southeast 1/4 of Section 36, T. 1 S., R. 9 E., City of Livonia, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the con- struction and operation of the proposed improvement in said district as designated in the said resolution #81i-63; THEREFORE, BE TT RESOLVED that, the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby Page 5859 is directed to give the notice required by the provisions of Section 3.08 of Ordinance No. 401 of the City, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road, at 8:30 P. M., on Monday, March 4, 1963, to review the said special assessment roll, at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED that, the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the Livonian Observer, the official newspaper of the City of Livonia, which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of March L , 1963; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addressee appear on the most current assessment roll in the City Assessor's office, and in all other respects in accordance with the provisions of said Section 3.08. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #97-63 RESOLVED that WHEREAS, pursuant to the direction of the City Council in its resolution #6-63, adopted January 9, 1963, and in accordance with Sections 3.06 and 4.01 of Ordinance No. 401, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of January 29, 1963, an assessment roll dated January 29, 1963, covering the installation and operation of a Street Light System in the J. F. Ferry Subdivisions 1 and 2, Devonshire Park Subdivision and Bel-Aire Subdivision, located in the North 1/2 of Section 35, T. 1 S., R. 9 E., City of Livonia, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district hereto- fore established for the construction and operation of the proposed im- provement in said district as designated in the said resolution #6-63; THEREFORE, BE IT RESOLVED that, the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 3.08 of Ordinance No. 401 of the City, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, in said City, 33001 Five Mile Road, at 9:00 P. Mos on Monday, March L , 1963, to review the said special assessment roll, at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED that, the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the Livonian Observer, the official newcpaper of the City of Livonia, which Page 5860 is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of March 4, 1963; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office, and in all other respects in accordance with the provisions of said Section 3.08. The letter dated February 5, 1963, from the Wayne County Drain Commissioner regarding connection fee charged by the County, submitted pursuant to resolution #71-63, was received and placed on file for the infonnation of the Council. *Councilman John T. Daugherty arrived at 8:12 P. M. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #98-63 RESOLVED that, the recommendation dated January 30, 1963, from the Department of Parks and Recreation regarding proposed park names, be and is hereby tabled for further study and consideration, to the first regular meeting in March. By Councilman McCann, seconded by Councilman McNamara, it was #99-63 RESOLVED that, having considered the report and recommendation dated January 29, 1963, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of resolution #148-59, adopted on March 9, 1959, and subsequently amended by resolutions #663-59, #348-60$ #612-60, #87-61, #797-61 and #845-62, so as to reduce the bond for remaining improvements in Sunset Park Subdivision in the South 1/2 of Section 11, to $5,000.00, to cover the cost of remain- ing improvements to be installed in said subdivision; and the City Clerk is 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. NMS: None. By Councilman Kleinert, seconded by Councilman Parks and unanimously adopted, it was #100-63 RESOLVED that, having considered the request dated November 30, 1962, from the Michigan Liquor Control Commission, and the report dated February 7, 1963, from the Director of Public Safety in connection there- with, the Council does hereby approve of the request from Thomas A. and Page 5861 William C. Spoutz for a new SUM license to be located at 27470 Schoolcraft Roads Livonia, and the City Clerk is requested to forward certified copy of this resolution to the Michigan Liquor Control Commission in accordance with their request. By Councilman Kleinert, seconded by Councilman McNamara and unanimously adopted, it was #101-63 RESOLVED that, having considered the request dated November 29, 1962, from the Michigan Liquor Control Commissions and the report dated February 7, 1963, from the Director of Public Safety in connection there- with, the Council does hereby approve of the request from Carl Goldstein for Lawrence Cohen being dropped as partner and Harry B. Jacobs being added as a partner with him on a 1962 Class C license held at 28001 West Seven Mile Road, Livonia, and for a new dance permit to be held in con- junction; and the City Clerk is requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. Councilman McNamara introduced the following emergency Ordinance: AN ORDINANCE TO REQUIRE A LICENSE FOR THE OPERATION OF DRIVE-IN THEATERS IN THE CITY OF LIVONIA; TO ESTABLISH STANDARDS TO GOVERN THE ISSUANCE OF SUCH LICENSES; TO ESTABLISH THE MINIMUM REQUIRE- MENTS GOVERNING THEIR OPERATION; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE; TO PROVIDE A PENALTY FOR THE VIOLATION OF THE TERMS HEREOF; AND TO PROVIDE FOR THE REPEAL OF PRIOR ORDINANCES AND PARTS OF ORDINANCES. A roll call vote was conducted on the foregoing Ordinance with the following result: AYES: Dooley, McNamara and McCann. NAYS: Kleinert, Daugherty, Parks and Bagnall. The President declared the Ordinance denied. By Councilman Daugherty, seconded by Councilman Kleinert, it was # .02-63 RESOLVED that, in regard to the proposed Drive-In Theater Licensing Ordinance as introduced at the regular meeting of the Council held on February 13s 1963, the City Clerk is hereby requested to publish only the title of said Ordinance, in view of the action of the Council in rejecting the said Ordinance; this in compliance with Section 10 of Chapter IV of the Charter. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Parks and Bagnall. NAYS: Kleinert, Dooley and McNamara. The President declared the resolution adopted. Page 5862 Councilman Kleinert introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ACICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING THERETO SECTION 3.341. THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission, dated December 28, 1962, on Petition No. Z-578, as submitted by Nelson Dembs, 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 of Livonia is hereby amended by adding thereto the following section: Section 3.3141. Petition No. Z-578, submitted by Nelson Dembs, is hereby granted and the zoning classification of the premises hereinafter described is changed from RUFB to R-3 as requested in said petition: Lot No. 322 of Supervisor's Livonia Plat No. 1 , of part of the Southeast V4 of Northeast 1/4 and of part of Northeast 1/14 of Southeast i/L4 of Section 14, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan; also The aouth 190.0 feet of the East 500.0 feet of the North 5/8 of the East 1/2 of the Northeast 1/4 of Section 14, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan; and the Northeast 1/4 of Section 114 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 98 of the Zoning Map of the City of Livonia," showing all of the amendments and changes made in the fore- going Section 2 of this ordinance is hereby approved, established and made a part hereof. Section 14. 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 consiieration at the next regular meeting of the Council. Page 5863 LOn motion of Councilman McCann, seconded by Councilman McNamara and unanimously adopted, this 396th regular meeting of the Council of the City of Livonia was duly adjourned at 8:43 P. M., February 13, 1963. MARIE W. CLARK, City Clerk ) -- -' yj77::t,' /3.3 ((,-/L( .<4 v Juanita Hill , Deputy- df.V- Clerk v Ls iim