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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 r L