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HomeMy WebLinkAboutCOUNCIL MINUTES 1964-06-24 Page 6677 MINUTES OF THE FOUR HUNDRED FIFTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 24, 19614, 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 8:11 P. M. Councilman Allen delivered the invocation. Roll was called with the following result: Present-- Rudolf R. Kleinert, Peter A. Ventura, John T. Daugherty, Daniel C. Allen, John F. Dooley, Edward H. McNamara and James R. McCann. Absent-- None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry Smit$ City Attorney; Milton I. Firestone, Assistant City Attorney; Robert A. Shaw$ Director of Public works; David L. Jones, Water and Sewer Commissioner; Victor C. Phillips, Budget Director, John Dufour, Superintendent, Parks and Recreation; William J. Strasser, Chief City Engineer; Thomas Heap, Zoning Board of Appeals; Carl Demek$ Superintendent, Operations Division; Thomas J.Griffiths, Jr., Chief Accountant; Daniel R. Andrew, Industrial Coordinator; Joel F. LaBo, Director of Public Safety; and Mrs. Peggy Miqueloh, Planning Commission. By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was #539-6I RESOLVED that, the minutes of the 155th regular meeting of the Council of the City of Livonia held. June 17, 1964, are hereby approved. The City Clerk, Addison W. Bacon, informed the Council of two veto messages from the Mayor of resolutions #5014-614 and #524-614, adopted by the Council on June 17, 19614; and in response to a question asked of him by Councilman Dooley, he advised the Council that the veto messages were deliveredto him at approximately 8:00 o'clock P.M., June 214, 1964. By Councilman Ventura, seconded by Councilman Dooley, it was #540-614 RESOLVED that, having received the letter from the Mayor, dated June 1, 1964, the Council disapproves of the appointment of Mr. William C. Miller, Jr., 33747 Cindy Avenue, Livonia, Michigan, to the City Planning Commissi cn. Page 6678 A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Ventura, Daugherty and Kleinert. NAYS: Allen. The President declared the resolution adopted. The letter dated June 5, 1964, from the Chief City Engineer, submitted pursuant to resolution #423-64, regarding the removal of sand from the Curtis Avenue Park Site, was received and filed for the information of the Council. The resolution of the Water and Sewer Board in the letter dated June 3, 1964, regarding additional sewer facilities, was received and filed for the information of the Council. The resolution of the Water and Sewer Board in the letter dated June 3, 1964, concurring with the action of the Council regarding increased cost of Phase 2 of the Master Sanitary Sewer Program, was received and filed for the information of the Council. The resolution of the Water and Sewer Board in the letter dated June 3, 1964, concurring with Council action in awarding a contract for the relocation of five water mains on Middlebelt Road, was received and filed for the information of the Council. The following resolution was offered by Councilman McNamara and supported by Councilman Dooley: #541-64 WHEREAS, pursuant to the direction of the City Council in its resolution #331-64, adopted on April 22, 1964, and in accordance with Section 3.06 and Section 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 June 11, 1964, an assessment roll dated June 4, 1964, covering proposed construction of paving on the North 1/2 of Lyndon Avenue, between Berwick and iflerriman Roads in the Northwest 1/4 of Section 22, City of Livonia, Wayne County, Michigan, containing the special assess- ments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in the said resolution #331-64; 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, as amended, of the City, to wit: that the assessment Page 6679 roll has been made and filed in the office of the City Clerk for public lbw examination and that the City Council of the City of Livonia will meet in said City, 33001 Five Mile Road, at 8:30 P. M., Monday, July 20, 1964, 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 July 20, 1964; 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McNamara, McCann, Ventura, Daugherty and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman Dooley, it was #542-64 RESOLVED that, having considered the report and recommendation dated May 27, 1964, from the Superintendent of Operations Division, ap- prove d by t he Director of Public Works and Budget Director, and the supplemental letter dated June 17, 1964, in connection therewith, sub- mitted pursuant to resoluti m #497-64, in regard to bids received for Bituminous Materials, the Council does hereby accept the bid of Cadillac Asphalt Faving Company, 12490 Evergreen Road, Detroit 28, Michigan, for supplying the City with 31A and 25A. Slag Aggregates and 3lA and 25A Natural Aggregates delivered at $7.95 per ton, such having been infect the only bid received for these items; and the low bid of Barrett Division, Allied Chemical. Corporation, P. 0. Box 145, Romulus, Michigan, for supplying the City with 31A and 25A Natural Aggregates picked up at $5.90 per ton, and 31A and 25A Slag Aggregates picked up at $7.00 per ton, this having been in fact the low bid for these items, and accept the bid of Cadillac Asphalt Paving Company for picking up these materials at 57.00 per ton, for the reasons outlined in the aforesaid recommendations of the Super- intendent of Operations. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McNamara, McCann, Ventura, Daugherty and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman Ventura, it was RESOLVED that, having considered the report of the City Planning Commission, dated February 27, 19614., recommending the denial of Petition No. 2-627, submitted by Ken Warren, Acres Development Company, for change Page 6680 of zoning in the Northeast 1/4 of Section 33 from RUFB to R-3, and having considered a letter dated May 29, 1964, from Acres Development Company in connection therewith, the Council does hereby reject the recommendation of the City Planning Commission and the said Petition No. Z-627 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and,, upon receipt of such map, the Department of Law is requested to pre- pare an ordinance amending Ordinance No. 60 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Ventura and Kleinert. NAYS: Allen, Dooley, McCann and Daugherty. The President declared the resolution denied. By Councilman Daugherty, seconded by Councilman Allen, it was RESOLVED that, having considered the report and recommendation dated February 27, 1964, from the City Planning Commission in regard to Petition No. Z-627, submitted by Kenneth R. Warren, Acres Development Company, for change of zoning in the Northeast 1/4 of Section 33 from RUFB to R-3, and having also considered a latter dated May 29, 1964, from Kenneth R. Warren, Acres Development Company, in connection therewith, the Council does hereby concur in the recommendation of the City Planning Commission and Petition No. Z-627 is hereby denied for the reasons set forth in the aforesaid latter from the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley and Daugherty. NAYS: McNamara, McCann, Ventura and Kleinert. The President declared the resolution denied. By Councilman McNamara, seconded by Councilman McCann, it was #543-64 RESOLVED that, consideration of the report and recommendation dated February 27, 1964, from the City Planning Commission regarding Petition No. Z-627, submitted by Kenneth Warren, Acres Development Company, for change of zoning in the Northeast 1/4 of Section 33 from RUFB to R-3, is hereby tabled indefinitely. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, McNamara, McCann and Daugherty. NAYS: Dooley, Ventura and Kleinert. The President declared the resolution adopted. Page 6681 By Councilman Dooley, seconded by Councilman Ventura aad unanimously adopted, it was #544-64 RESOLVED that, having considered the request dated June 10, 1964, from the Rosedale Gardens Civic Association, P. 0. Box 2073, Livonia, Michigan, by its president David Cameron, the Council does hereby grant permission to the Rosedale Gardens Civic Association to transport and fire aerial fireworks on the night of July 4, 1964; provided, however, that this display is to be under the supervision of the Livonia Fire Department and in such area as approved by them, and the City of Livonia, its agents and employees will not be responsible for any injury or damage caused by the fireworks or by persons using said fireworks. By Councilman Ventura, seconded by Councilman McNamara, it was #545-64 RESOLVED that, having considered the report and recommendation dated June 9, 1964, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of resolution #719-59, adopted November 9 1959, and readopted and reaffirmed by resolutions #273-61 adopted April 24, 1961, and #289-63 adopted April 17, 1963, as subsequently amended by resolution #288-64, so as to reduce the bond for remaining improvements in Meri-Lynn Farms Subdivision No. 8 to $8,000.00, to cover the cost of remaining improvements 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: Allen, Dooley, McNamara, McCann, Ventura, Daugherty and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman Ventura and unanimously adopted, it was #546-64 RESOLVED that, Petition No. V-80, submitted by Gordon Belt and Florence Belt, 14313 San Jose, Redford, Michigan, under date of June 15, 1964, requesting the vacation of the south two feet of a 12-foot easement located on lot 19 of O'Connor and Porter's Subdivision, of part of the West 1/2 of the Northeast 1/4 of Section 11, Town 1 South, Range 9 East, Livonia Township (now City of Livon ia), Wayne County, Michigan, (recorded in Liber 66, Page 70 of Plats, Wayne County Records), is hereby referred to the City Planning Commission for action and recommendation according to law and Ordinance No. 29, as amended. At 8:51 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. By Councilman McCann, seconded by Councilman Dooley, it was Page 6682 #547-64 RESOLVED that, the appeal of Mr. William N. Ponder, attorney for Elmdale, Inc., of the decision of the City Planning Commission in connection with Petition M.-314, for permission to erect apartments on property located approximately 280 feet north of Five Mile Road and 340 feet east of Middlebelt Road between Cavour and Harrison in the Southwest 1/4 of Section 13, the Council does not concur with the Planning Commission and Petition M-314 is hereby approved for the use of the property as petitioned. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Daugherty and Kleinert. NAYS: Allen and Ventura. The President declared the resolution adopted. By Counci2man Daugherty, seconded by Councilman Ventura, it was RESOLVED that, resolution #504-64„ adopted by the Council on June 17, 1964, and vetoed by the Mayor, is hereby readopted the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Ventura, Daugherty and Kleinert. NAYS: Allen, McNamara, and McCann. The President declared the resolution denied for lack of five affirmative votesland the Mayor's veto sustained. There being no action by the Council on the Mayor's veto of resolution #524-64 adopted on June 17, 1964, the veto is sustained. By Councilman McCann, seconded by Councilman Dooley, it was #548-64 RESOLVED that, having considered a communication dated June 24, 1964, from the Chief City Engineer, approved by the Director of Public Works, concerning a large-scale colored map showing present zoning and an overlay map to reflect proposed changes under the new zoning ordinance, the Council does hereby request the Director of Public Works to authorize engineering personnel to work overtime for the preparation of said mapping in the recommended scale of 200 feet to the inch, and does hereby authorize the transfer of $1,000.00 from the Unallocated Fund to Account #255-1 of the Engineering Budget for the purpose herein provided. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McNamara, McCann, Ventura, Daugherty and Kleinert. NAYS: None. Page 6683 On motion of Councilman McCann, seconded by Councilman Allen and unanimously adopted, this 456th regular meeting of the Council of the City of Livonia was duly adjourned at 9:10 P. M., June 24, 1964. Addison W. Bacon, i C erk