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HomeMy WebLinkAboutCOUNCIL MINUTES 1963-09-11 Page 6219 MINUTES OF THE FOUR HUNDRED TWENTY-FIRST REGULAR MEETING OF THE COUNCIL CF THE CITY OF LIVONIA On September 11, 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 Kleinert delivered the invocation. Roll was called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty, Rudolf R. Kleinert, John F. Dooley, Edward H. McNamara and James R. McCann. Absent-- *William E. Parks. Elected and appointed officials present: Marie W. Clark, City Clerk; Juanita Hillas, Deputy City Clerk; Alan walt, City Attorney; Milton I. Firestone, Assistant City Attorney; Robert A. Shaw, Director of Public Works; Addison W. Bacon, Director of Public 6afety; William J. Strasser, Chief City Engineer; Victor C. Phillips, Budget Director; David R. McCullough, City Planner; Thomas J. Griffiths, Jr., Chief Accountant; Skip Rusenthal, Librarian; Daniel R. Andrew, Industrial Coordinator; and Donald L. Bachman, Traffic Commission. By Councilman McNamara, seconded by Councilman Kleinert, it was #696-63 RESOLVED that, the minutes of the 420th regular meeting of the Council of the City of Livonia, held September 4,1963, are hereby approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty and *Bagnall. NAYS: None. *Councilman Bagnall abstained from voting, which is recorded as a "Yes" vote under the provisions of Ordinance No. 27, as amended. The Presidelt declared the resolution adopted. By Councilman Daugherty, seconded by Councilman McNamara, it was #697-63 RESOLVED that, having received the report and recommendation as previously requested by the Council in resolution #437-63, relative to the Street Tree Planting Program, the Council does hereby refer the same to the Finance Committee for its report and recommendation. *Councilman William E. l'arks arrived at 8:10 P. M. Pa_ e 6220 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. The report from the City Planner and City Engineer relative to the offer of Mr. Albert Haddad to sell certain property on Plymouth Road to the City, was removed from the agenda to the next meeting of the Council. An Ordinance Amending Section 3 of the Zoning Hap of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, by Adding Thereto Section 3.357, introduced by Councilman Kleinert on September 4, 1963, was taken from the table and a roll call vote con- ducted thereon with the following msult: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None, The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman McNamara, seconded by Councilman Kleinert, it was #698-63 RESOLVED that, having considered the report and recommendation dated August 26, 1963, from the Chief City Engineer, approved by the Director of Public 4orks, regarding final payment of Henry Ruff Special Paving Project, Joy Road to Grandons by contract dated September 27, 1962, and it appearing that the Contractor's Declaration and Contractor's Affidavit have been filed with the City Clerk and a one-year maintenance and guaranty bond having been provided as part of the contract documents, and that all work has been completed in accordance with the City's standards, the Council does hereby approve the final estimate of $1,945.80, and authorizes final payment in said amount to S. Weissman Excavating Company, 15496 Telegraph Road, Detroit 39, Michigan, which sum represents the full and complete balance due on said contract between the aforesaid company and the City of Livonia; and the City Clerk and City Treasurer are 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. NAYS: None. Page 6221 By Councilman Kleinert, seconded by Councilman McCann, it was #699-63 RESOLVED that, having considered the report and recommendation dated August 26, 1963, from the Chief City Engineer, approved by the Director of Public Works, regarding City contribution and refund of excess funds for Henry Ruff Special Paving Project, Joy Road to Crandon, in ipecial Assessment District No. 17; and the Council determining and it appearing that the assessable share borne and paid by special assessment was $17,102.79, whereas the actual cost of such assessable share was $13,300.91, and it appearing that the City's contribution for intersections and cross- walks was originally estimated at 520178.81„ which was heretofore allocated therefor, and whereas the actual cost as adjusted is $1,095.00, the Council does hereby: (a) determine that there is no outstanding evidence of indebtedness secured in whole or in part by such special assessment; (b) that the assessment proving larger than necessary by more than five (5%) per cent, the entire excess of $3,801.88 shall be refunded on a pro rata basis to the owners of the property assessed or their successors or assigns, and further that such refund shall be made by credit against future unpaid installments in the inverse order in which they are payable to the extent such installments then exist and the balance of such refund shall be in cash; (c) that portion of the costs and expenses of such improvement to be borne and paid by the City for the costs of intersection paving and crosswalks is hereby determined to be $1,095.00; and the City Treasurer is requested to do all things necessary or incidental to the full performance of this resolution, and all other previous resolutions are hereby rescinded to the extent that they are in conflict herewith, and to the extent necessary to give this resolution full force and effect. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. The letter dated September 5, 1963, from Lucy Hitchcock concerning the splitting of lots 270 and 271 of Supervisor's Livonia Plat No. L, wns removed from the agenda to the study meeting. By Councilman Parks, seconded by Councilman Kleinert and unanimously adopted, it was #700-63 RESOLVED that, having considered the communication dated August 29, 1963, from Ernest H. Stingle„ 9270 Lathers, Livonia, Michigan, regarding pavement of one side of Harrison Avenue, from Joy hoad to the alley north thereof, the Council does hereby refer the sane to the Streets, Roads and Plats Committee for its report and recommendation. Page 6222 By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #701-63 RESOLVED that, having considered the communication dated Septem- ber 9, 1963, from Lou Maitland concerning a house adjacent to 9019 Beatrice, the Council does hereby refer the same to the Department of Law and Chief Building Inspector for their reports and recommendations. By Councilman Kleinert, seconded by Councilman Parks, it was #702-63 RESOLVED that, having considered the request and recommendations dated August 30, 1963, approved by the Director of Public works and the Budget Director, the Council does hereby authorize the use of $321.37 from the Capital Outlay Account of the Division of Operations Budget (Account No. 245-70) for the purchase of a Drill Press as requested, at a price not to exceed the sum herein specified. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None, By Councilman Daugherty, seconded by Councilman Parks and unanimously adopted, it was #703-63 RESOLVED that, having considered the letter dated August 9, 1963, from Frank C. Ernst to the Mayor, the City Engineer's office is requested to supply Mr. Ernst with the proposed master plan of sanitary sewers in response to the request for information contained in the subject 'attar. By Councilman Dooley, seconded by Councilman Daugherty and unanimously adopted, it was #704-63 RESOLVED that, having considered the report and recommendation dated August 30, 1963, from the Traffic Commission, regarding certain proposed amendments to Traffic Ordinance No. 21, the Council hereby refers the same to the Legislative Committee for its report and recommendation. By Councilman McNamara, seconded by Councilman Daugherty and unanimously adopted, it was #705-63 RESOLVED that, having considered the requests and recommendations dated September 3, 1963, from the Chief Inspector, approved by the Director of Public oiorks, the Council hereby refers the same to the Finance Committee for its report and recommendations. By Councilman Kleinert, seconded byCbunciIman Daugherty and unanimously adopted, it was Page 6223 #706-63 RESOLVED that, having considered the letter dated July 24, 1963, from Marvin A. Canvasser, regarding application for Class C license for business center at Schoolcraft and Inkster Roads the Council does hereby refer the same to the Committee of the Whole. The report of the Municipal Court for the month of August, 1963, was received and placed on file for the information of the Council. By Councilman Daugherty, seconded by Councilman McNamara and unanimously adopted, it was #707-63 RESOLVED that, in connection with the monthly report from the Violations Bureau of the Municipal Court of the City of Livonia, that such report will in the future incorporate comparison by the Accounting Department of the City in relation to the estimated revenues from such accounts as contained in the annual budget; this information to appear on the face of the monthly report submitted to the City Council, By Councilman McNamara, seconded by Councilman Kleinert and unanimously adopted, it was #708-63 RESOLVED that, having considered the letter from the Michigan Liquor Control Commission, dated July 12, 1963, and the report and recom- mendation of the Director of Public Safety, dated September 9, 1963, in connection therewith, the Council does hereby approve of the request from Livonia Drug Company for transfer of ownership of 1963-64 SDD-SDM licensed business located at 33525 Five Mile Road, Livonia, from Mary Roach, Est., Donald J. Roach, Exec. and Partner, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission, Councilman Kleinert introduced the following emergency Ordinance: No, 443 AN ORDINANCE AMENDING SECTIONS 10 AND 30 OF THE ZONING MAP OF THE CITY (F LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO.60, A,.) AMENDED, OF THE CITY OF LIVONIA, BY ADDING THEitETO SECTIONS 3.358 AND 3.359. THE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated July 30, 1963, on Petitions numbered Z-584 and 1-597, having been considered by the Council, the Council hereby ado ts said petitions to amend the Zoning Ordinance and the Zoning Map of the City of Livonias and all proceedings heretofore conducted on said petitions 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: Page 6224 Section 3.358. Petition No. Z-584, submitted by Leon L. Merriman, Agent for Samuel J. Corbett, is hereby granted and the zoning classification of the premises hereinafter described is hereby changed from C-1 and M-1 to C-2 as requested in said petition: Part of the Southwest 1/4 of Section 30, Town 1 South, Rnage 9 East, described as oeginning on the center line of Eckles Road, being also the West line of Section 30, said point being South 10 49' 50" East 226.73 feet from the West i/4 corner of Section 30, Town 1 South, Range 9 East, and proceeding thence North 880 10' 10" East 260 feet; thence along the West line of a 40 foot sewer easement to the City of Livonia South 110 49' 50" East 100 feet; thence South 880 10' 10" West 260 feet; thence along the center line of Eckles Road, being also the West line of Section 30, North 10 49' 50" West 100 feet to the point of beginning; excepting the West 60 feet (measured at right angles) thereof for Eckles Road 120 feet wide; and the Southwest 1/4 of Section 30 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.359. Petition No. 1-597, initiated by the City Planning Commission on its own motion is hereby granted and the zoning classification of the premises hereinafter desctibed is hereby changed from R-L-A to UFA, as requested in said petition: The North 1760 feet of the Northeast 1/4 of Section 10, T. 1 S., R. 9 E., City of Livonia, Wayne County, l�lichigan; and the Northeast 1/4 of Section 10 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 113 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. Section 6. This ordinance is hereby declared to be an emergency ordinance necessary for the protection of the public 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: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. Page 6225 The President declared the foregoing Ordinance duly adopted and would become of- fective on publication. By Councilman Kleinert, seconded by Councilman McNamara and unanimously adopted, it was #709-63 RESOLVED that, the Council having approved of a zoning change from C-1 and M-1 to C-2 on the property described in Petition No. Z-58L1, and in order to facilitate the development of that property and the use of the new zoning classification, the Council does hereby authorize the Bureau of Inspection to issue a building permit for a credit union office without delay or further procedures before the Planning Commission or Council; however, such building permit to be processed in all other respects in the ordinary manner. The following resolution was unanimously offered and adopted by the Council: #710-63 WHEREAS, Marie W. Clark, City Clerk of the City of Livonia, has been selected for "Who's Who of American Women" for 1963; and WHEREAS, this designation of Marie W. Clark as a City official brings national recognition to the City of Livonia and to our local govern- ment; NOW, THEREFORE, BE IT RESOLVED that, this City Council extends its congratulations to Marie W. Clark for the honor and national recognition received. The President relinquished the chair to the Vice President at 9:Lt6 P. M. By Councilman Bagnall, seconded by Councilman McCann, it was #711-63 WHEREAS, the installation of the storm sewer known as Livonia Drain No. 16, was referred to the Wayne County Drain Commissioner in January, 1962, in order to facilitate the installation of storm drainage for this section of the City and more subsequently to provide adequate drainage for the Twenty Five Million Dollar Shopping Center to be located at Seven Mile and Middlebelt Roads, and WHEREAS, this Shopping Center will provide a sizable increase in tax income for both the City and the Clarenceville School district, and WHEREAS, the plans for this improvement were not completed until July, 1963, and WHEREAS, subsequent to the completion of the plans, the constitu- tional validity of Section 20 of Act 40, Public Acts of Michigan, 1956, as amended, was challenged through litigation and has recently been referred to the United States Supreme Court, and Page 6226 WHEREAS, in view of this, bonds may not be sold and the improve- ment cannot be installed until this litigation has been resolved, NOW, THEREFORE, BE IT RESOLVED that, the matter of the Livonia Drain No. 16 is hereby referred to the Mayor so that it may in turn be referred to the Wayne County Board of Supervisors for whatever action they may legally take to proceed with the installation of this drain, it being the understanding of the Council that at the last session of the State Legislature, implementing legislation was enacted to enable counties to pledge the full faith and credit of the county for the financing of such improvements; further, the Wayne County Drain Commissioner is requested to cooperate in the possible change of jurisdiction; and that the Council and the City Clerk be kept informed by the Mayor of the progress of the in- stallation of this improvement. A roll call vote was taken on the foregoing resolution with the following results AYES: Kleinert, Dooley, McCann, Bagnall, Daugherty, Parks and McNamara. N.AYSt None. On motion of Councilman Dooley, seconded by Councilman McCann and unanimously adopted, this 421st regular meeting of the Council of the City of Livonia was duly adjourned at 9:01 P.M., September 11, 1963. Near W. Clark, City Clerk