HomeMy WebLinkAboutCOUNCIL MINUTES 1963-09-02 Page 6248
MINUTES OF THE FOUR HUNDRED TWENTY-THIRD REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 2), 1963, 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 8:12 P. M. Councilman McCann delivered the invocation.
Roll was called with the following result: Present-- Edward H. McNamara, John T.
Daugherty, William E. Parks, Rudolf R. Kleinert, John F. Dooley and James R. McCann.
Absent-- -*Sydney B. Bagnall.
Elected and appointed officials present: Marie W.Clark, City Clerk;
Juanita Hillas, Deputy City Clerk; Milton I. Firestone, Assistant City Attorney;
State Representative Paul Chandler; William J. Strasser, Chief City Engineer; Thomas
A. Griffiths, Jr., Chief Accountant; Daniel i . Andrew, Industrial Coordinator; David L.
Jones, Water and Sewer Commissioner; Mayor Harvey W. Moelke; Victor C. Phillips,
LBudget Director; Robert A. Shaw, Director of Public Works; Addison W. Bacon, Director
of Public Safety; David R. McCullough, City Planner; Thomas Heap, Zoning Board of
Appeals; and Samuel DeBono, Racing Commissioner.
By Councilman Kleinert, seconded by Councilman Parks and unanimously
adopted, it was
#753-63 RESOLVED that, the minutes of the 122nd regular meeting of the
Council of the City of Livonia held September 18, 1963, and the adjourned
122nd regular meeting held September 23, 1963, are hereby approved.
Marie W. Clark, City Clerk, presented to the Council a veto message from
the Mayor on resolution #713-63, regarding the Drive-In Theatre, which was held until
a later time in the meeting, pending the arrival of Councilman Bagnall.
The letter dated September 25, 1963, from the City Clerk, the Chief Accountant,
the Budget Director, and the Department of Law, submitted pursuant to resolution #751-63,
Lwas received and placed on file for the information of the Council.
Councilman Daugherty introduced the following emergency Ordinance:
Paige 6249
No. )0i5
AN ORDINANCE AMENDING SECTION 3 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 3.361
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission
dated June 12, 1963, on Petition No. Z-594, as amended, having been considered by the
Council, the Council hereoy adopts said amended petition to amend the Zoning Ordinance
and the Zoning Map of the City of Livonia, and all proceedings heretofore conducted on
said amended petition are hereby approved.
Section 2. Article 3.00 of the Zoning OI dinance, Ordinance No. 60, as amended,
of the City of Livonia is hereby amended by adding thereto the following section:
Section 3.361. Petition No. Z-5941 as amended, initiated by the City
Planning Commission on its own motion, is hereby granted and the zoning
classification of the premises hereinafter described is hereby changed from
RUFB and RUFA to R-1,A, as requested ins aid petition:
That part of the S. E. 1/4 of Section 3, T. 1 S., R. 9 E., City of
Livonia, Wayne County, Michigan, described as beginning at a point
on the south line of said Secticn 3, due west, 1950.97 feet from the
S.E. corner of Section 3, T. 1 S., R. 9 E., proceeding thence due
West 679.96 feet along said soutz line of Section 3 to the S. 1/4
corner of said Sectit n 3; thence N. 0° 34' 40" W. 2620.64 feet along
the N. and S. 1/4 line of said Section 3 to the center post of said
Section 3; thence N. 890 27' 02" E. 160.01 feet along the E. and W.
1/4 line of said Section 3 to the N.W. corner of Lot 1, Spring Valley
Subdivision as recorded in Liber 81, Pages 12, 13, 14 and 15, Wayne
County Records; thence S. 0° 34' 40" E. along the W. line of said
Spring Valley Subdivision 1825.00 feet and S. 300 00' 00" E. 235.00 feet
and S. 53° 00' 00" E. 230.00 feet and S. 85° 06' 16" E., 225.25 feet;
thence S. 00 18' 40" W. 435.99 feet to the point of beginning,
EXCEPTING THLEETROM the following described parcel of land:
That part of the S.E. 1/4 of Section 3, T. 1 3., R. 9 E., City of
Livonia, Wayne County, Michigan, described as beginning at a point on the
South line of said Section 3, due West 1950.97 feet from the S.E.corner
of Section 3, T. 1 S., R. 9 E.; proceeding thence due West 679.96 feet
along said south line of Section 3 to the S. 1/4 corner of said Section 3;
thence N. 00 34' 40" W. 845.56 feet along the N. and S. 1/4 line of
said section 3; thence N. 890 25' 20" E. 160.01 feet to a point on
Lot 228 of Spring Valley Subdivision; as recorded in Liber 81, pages
12, 13, 14 and 15, Wayne County Records, said point lying 17.24 feet
S. of the N.W. corner of said Lot 228; thence along the W. line of
said Spring Valley Subdivision S. 0° 34' 40" E. 50.00 feet and S. 30o
00' 00" E. 235.00 feet and S. 530 00' 00" E. 230.00 and S. 850 06'
16" E. 225.25 feet.; thense S. 0° 18' 40" W. 435.99 feet to the point
of beginning;
and the South 1/2 of section 3 of the Zoning Map is hereby amended to conform
to the change made in this section.
Page 6250
Section 3. The attached map designated 'Amendment No. 115 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. Ordinance No. 442 and Amendment No. 112 of the Zoning Map of the
City of Livonia are hereby repealed and all other 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 health, 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: McCann, Daugherty, Parks, Kleinert, Dooley and McNamara.
NAYS: None.
The Vice President declared the foregoing emergency Ordinance duly adopted and would
become effective on publication.
An Ordinance Regulating Cors truction, Improvements, Alterations, Repairs,
Operations, Excavations and Work in Public Streets, Alleys and Thoroughfares; Pro-
viding for the Issuance of Permits and the Adoption of Regulations; and Providing a
Penalty for the Violation Thereof, introduced on September 23, 1963, by Councilman
McCann, was taken from the table and a roll call vote conducted thereon with the
following result:
91ES: McCann, Daugherty, Parks, Kleinert, Dooley and McNamara.
NAYS: None.
The Vice President declared the foregoing Ordinance duly adopted and would become
effective on publication.
By Councilman Kleinert, seconded by Councilman Dooley, it was
#754-63 RESOLVED that, consideration of the revised Building Code
Ordinance, introduced by councilman McCann on September 23, 1963, is
hereby tabled far a period of thirty days.
Page 6251
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Parks, Kleinert, Dooley and McNamara.
NAYS: Daugherty.
The Vice President declared the resolution adopted.
An Ordinance Amending Sections 2 and 12 of the Zoning Map of the City of
Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as anended,
of the City of Livonia, by Adding Thereto Sections 3.362 and 3.363 (Petitions 1-593 and
Z-595 ) introduced by Councilman Kleinert on September 23, 1963, was taken from the
table and a roll call vote conducted thereon with the following result:
AYES: McCann, Daugherty, Parks, Kleinert, Dooley and McNamara.
NAYS: None.
The Vice President declared the foregoing Ordinance duly adopted and would become
effective on publication.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#755-63 RESOLVED that, the existing parksite designated as the Merriman
Road Site in the letter of September 18, 1953, from Mayor Moelke, be re-
ferred to the Department of Law for a complete report and investigation of
existing deed restrictions and report on necessary procedures to enable
the sale of said land to the School Board for the purposes of school uses.
By Councilman Dooley, seconded by Councilman Kleinert and unanimously
adopted, it was
#756-63 RESOLVED that, consideration of the recommendation of the City
Planning Commission on Petition No. Z-589 is hereby tabled until the next
regular meeting of the Council.
By Councilman Daugherty, seconded by Councilman Parks and unanimously
adopted, it was
#757-63 RESOLVED that, the Council having adopted resolution #1.96-b3, at
its regular meeting held on June 26, 1963, requiring the Chief City Engineer
to ascertain the assessed valuation of all property affected by proposed
street light improvement on portions of Oakview and Jacqueline Streets in
the Southwest l/4 a Section 23 of the City, the number of parcels which
Page 6252
show tax delinquencies, the number of parcels owned by public authorities,
the number of parcels which are vacant, and to prepare or cause to be pre-
pared, plans and specifications therefor and an estimate for the cost thereof,
and to file the same with the City Clerk, together with his recommendation
as to what proportion of the cost should be paid by special assessment and
what part, if any, should be a general obligation of the City, the number
of installments in which assessments may be paid and the lands which should
be included in the proposed special assessment district; and it appearing
to the Council that all of such information, estimate, plans and specifica-
tions and recommendations have been properly filed by the Chief City Engineer
with the City Clerk under date of aeptember 12, 1963, dated August 29, 1963,
and that there has been a full compliance with all provisions of Section 3.03
of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the
Making of Public Improvements, Defraying the Expense Thereof by S pecial
Assessment and a Special Assessment Procedure," the Council does hereby set
Monday, October 21, 1963, at 8:00 P. M., as the date and time for a public
hearing on the necessity for such proposed improvement, which public hear-
ing shall be held before the Council in the City Hall, 33001 T ive Mile Road,
Livonia, Michigan, pursuant to Section 3.04 of said Ordinance No. 401, as
amended, and the City Clerk is hereby authorized to give notice and publica-
tion of such hearing as is required by Section 3.04 of said ordinance.
By Councilman McCann, seconded by Councilman Dooley, it was
#758-63 RESOLVED that, the Council having considered the recommendations
dated August 27, 1963, from the dater and Seer Commissioner, approved by
the Director of Public Works, and certification having been made that funds
are available in the Budget by the Budget Director relative to the acceptance
of bids for water meters, the Council does hereby accept the bid of Badger
Meter Manufacturing Company, 4545 West Brown Deer Road, Milwaukee, Wisconsin,
for supplying the City with water meters as needed at the prices quoted in
their bid of August 22, 1963, such having been in fact the lowest bid
received for all items.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Parks, Kleinert, Dooley and McNamara.
NAYS: None.
*Councilman Sydney B. Bagnall arrived at 8:32 P. M.
By Councilman Bagnall, seconded by Councilman Parks, it was
#759-63 RESOLVED that, resolution #713-63, vetoed by the Mayor on
September 23, 106;,, be readopted:
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 of Petition M-274, 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
Page 6253
provisions of Ordinance No. 423 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: Parks, Dooley, Bagnall and McNamara.
NAYS : McCann, Daugherty and Kleinert.
The Vice President declared the resolution adopted, but the veto of the Mayor sustained
because of lack of five affirmative votes.
By Councilman Dooley, seconded by Councilman Kleinert and unanimously
adopted, it was
#760-63 RESOLVED that, having considered the letter from the Michigan
Liquor Control Commission, dated July 2L, 1963, and the report and recom-
mendation dated September 17, 1963, from the Director of Public Safety
in connection therewith, the Council does hereby approve of the request
from Margaret Johnson for a new SDM license to be located at 31635 Plymouth
Road, Livonia, Michigan; and the City Clerk is hereby requested to forward
a certified copy of this resolution to the Michigan Liquor Control Com-
mission.
By Councilman Dooley, seconded by Councilman Parks, it was
#761-63 RESOLVED that, having considered the request dated September 2L,
1963, from the City Clerk requesting funds for the purpose of replacing a
ten year old copy machine, the Council does hereby authorize the transfer
of $160.00 from the Travel and Education Account (No. 129-29) to the
Capital Outlay Account (No. 129-70) of the City Clerk's Budget.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Parks, Kleinert, Dooley, Bagnall and McNamara.
NAYS: None.
The letter dated September 11, 1963, from Robert Y. Bertoli, Chairman of
the Restrictions Committee, Lyndon Meadows Civic Association, addressed to Mr.
Zuckerman, President of the Velvet Peanut Butter Company, regarding the plant on
Schoolcraft Road, was received and placed on file for the information of the Council.
The letter dated September 23, 1963, from the Director of Public works
regarding scheduled meeting for October 2, 1963, was received and placed on file
for the information of the Council.
Page 6254
By Councilman Daugherty, seconded by Councilman McCann, it was
#762-63 RESOLVED that, laving considered the letter dated September 24,
1963, from the Director of Public Works, requesting funds in the amount
of $774.00 for Laborer and $1,717.76 for two Tree Trimmers, the Council
does hereby transfer the sum of 32,492.16 from the Unallocated Fund to the
Personnel Account of the Department of Public Works for the purpose of
additional personnel as contained in the above letter from the Director
of Public Works.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Dooley and McNamara.
NAYS: Parks, Kleinert and Bagnall.
The Vice President declared the resolution adopted.
By Councilman Dooley, seconded by Councilman Parks, it was
RESOLVED that, the sum of 660.00 be allocated from the Unallocated
Fund of the Budget for the purpose of defraying the expenses of Mr. Ralph
Wagenschutz, Plumbing Inspector of the City of Livonia, in attending the
P.I.A.M. Conference to be held October 4th and 5th, 1963, in Flint, Michigan,
in accordance with his letter to the Council dated September 25, 1963, and
all resolutions heretofore passed inconsistent with this resolution are
hereby removed.
By Councilman Bagnall, seconded by Councilman McCann, it was
RESOLVED that, the foregoing resolution be amended to include that
the approval of the necessary transfer of funds from the Unappropriated
Surplus to the account in question be subject to the approval of the
department head.
Councilman Bagnall was excused at 9:19 P. M., and returned at 9:21 P. M.
A roll call vote was taken on the foregoing amendment with the following result:
AYES: McCann, Parks, Bagnall and McNamara.
NAYS: Daugherty, Kleinert and Dooley.
The Vice President declared the amendment adopted.
A roll call vote was taken on the resolutionlas amended:
#763-63 RESOLVED that, the sum of $60.00 be allocated from the Unallocated
Fund of the Budget for the purpose of defraying the expenses of Mr.Ralph
Wagenschutz, Plumbing Inspector of the City of Livonia, in attending the
P.I.A.M. Conferince to be held October 4th and 5th, 1963, in Flint, Michigan,
in accordance with his letter to the Council dated September 25, 1963, and
all resoluticns heretofore passed inconsistent with this resolution are
hereby removed, such appropriation to be subject to the approval of the
department head.
Page 6255
with the following result:
LAYES: McCann, Parks, Kleinert, Dooley, Bagnall and McNamara.
NAYS: Daugherty.
The Vice President declared the resolution, as amended, adopted.
By Councilman McCann, seconded by Councilman Bagnall, it was
#764-63 RESOLVED that, having considered the oral request of the Director
of Public dorks for funds for Electrical Inspector Stanley Markley to at-
tend a twelve week advance course in Electrical Inspection at the University,
the Council does hereby authorize the transfer of 02.00 from the Unallocated
Fund to the Travel and Education Account of the Budget of the Building
Inspection Division.
Councilman Daugherty offered an amendment to the foregoing resolution, which was lost
for lack of support.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Parks, Kleinert, Dooley, Bagnall and McNamara.
NAYS: Daugherty.
L
The Vice President declared the resolution adopted.
Marie W.Clark, City Clerk, read a letter dated September 25, 1963, from
the Mayor, regarding Petition No. Z-607.
No. 448
AN ORDINANCE AMENDING SECTION 26 OF THE ZONING MAP OF THE
CITY OF L IVON I! AND AMENDING ARTICLE 3.00 OF `1} ZONING
ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF
LIVONIA, BY ADDING THERETO SECTION 3.36 .
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission
dated September 20, 1963, on Petition No.1-607, 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 sections
Lir
Section 3.364. Petition No. Z-607,submitted by Samuel Elias
is hereby granted, and the zoning classification of the premises
hereinafter described is hereby changed from M-1 to C-2 as requested
in said petition:
Page 6256
All that part of the Southwest 1/4 of Section 26, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan, described as:
Beginning at a point on the West line of Section 26, distant
North 0 degrees 45' 20" East 646.14.9 feet from the Southwest
corner of said Section 26; thence along the West line of said
Section 26, North 0 degrees 45' 20" East 297.0 feet, thence
South 89 degrees, 14' )40" East 131)4.90 feet; thence South 0
degrees 45' 59" West 297.0 feet, thence North 89 degrees li '
40" West 1314.13 feet to the point of beginning, except the
interest of the people in the West 60 feet (Merriman Road)
thereof, Bureau of Taxation Parcels Ilcl and Ilbl;
and the Southwest 1/4. of Section 26 of the Zoning Map is hereby amended to
conform to the change made in this section.
Section 3. The attached map designated "Amendment No. 117 of the Zoning Map
of the City of Livonia," showing all of the arndments and changes made iii the foregoing
Section 2 of this ordinance is hereby approved, established and made a part hereof.
Section 5. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be cons trued 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 andwelfare and shall take effect
immediately on publication.
A roll call vote was conducted on the foregoing Ordinance with the following result:
AYES: McCann, Daugherty, Parks, Kleinert, Dooley, Bagnall and McNamara.
NAYS: None.
The Vice President declared the foregoing emergency Ordinance duly adopted and would
become effective on publication.
On motion of Councilman Dooley, seconded by Councilman McCann and
unanimously adopted, this 423rd regular meeting of the Council of the City of
Livonia was duly adjourned at 9:44 P. M., September 25, 1963.
b Mar' Clark, City Clerk
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