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HomeMy WebLinkAboutCOUNCIL MINUTES 1963-11-06 Page 6303 MINUTES OF THE FOUR HUMMED TWENTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 6, 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 8:11 P. M. Councilman Daugherty delivered the invocation. Roll was called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty, William E. Parks, Rudolf R. Kleinert, John F. Dooley, Edward H. McNamara and James R. McCann. Absent-- None. 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; Thomas J. Griffiths, Jr., Chief Accountant; Victor C. Phillips, Budget Director; David L. Jones, Water and Sewer Commissioner; Robert A. Shaw, Director of Public Works; Daniel R. Andrew, Industrial Coordinator; Milton R. Holley, Assessor; Thomas Heap, Zoning Board of Appeals; William J. Strasser, Chief City Engineer; and David R. McCullough, City Planner. By Councilman McNamara, seconded by Councilman Kleinert and unanimously adopted, it was #857-63 RESOLVED that, the minutes of the 428th regular meeting of the Council of the City of Livonia held October 30, 1963, are hereby approved. David L. Jones, Water and Sewer Commissioner, read the following telegram received by him on November 6, 1963, from Representative Martha W.Griffiths: "Community Facilities Administration informs me it has approved a grant of $647,500.00 for the Wayne County Road Commissioners Project #309G, for the extension of sanitary sewers costing $1,345,000.00 to provide 715 man months of labor beginning with 120 days." By Councilman Parks, seconded by Councilman Kleinert and unanimously adopted, it was #858-63 RESOLVED that, having considered the report and recommendation dated October 21, 1963, from the Chief City Engineer, approved by the Director of Public Works, pursuant to resolution #796-63; and it appearing Page 6304 to the Council that there exists a long standing drainage problem in the vicinity of Bainbridge Avenue and Five Mile Road in the City of Livonia; and it further appearing that the problem could be remedied and improved by the lowering of the existing cross tile at the intersection of Five Mile Road and Bainbridge (north), the Council does hereby request the Board of County Road Commissioners of the County of Wayne to lower said cross tile and to do all other necessary work in order to accomplish this improvement; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Board of Wayne County Road Commissioners. By Councilman McNamara, seconded by C ouncilman McCann and unanimously adopted, it was #859-63 RESOLVED that, having considered the report dated October 30, 1963, from the Mayor regarding tax parcels 11d211, 11d212 and 11d213, located on the west side of Middlebelt Road, between Curtis and Clarita in Sunset Hills Subdivision in the City of Livonia, said property having reverted to the State for non-payment of taxes, the Council does hereby authorize the Department of Law to request the transfer of title to said property from the State of Michigan (Lands Office, Michigan Conservation Department), to the City of Livonia for municipal purposes. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #860-63 RESOLVED that, the City Assessor be respectfully requested to furnish this Council with the information requested in resolution #851-63, relative to the specific depreciation formula and the method of applying the same that he proposes to make in the real property tax rolls of the City of Livonia, and further, this Council does acknowledge the receipt of the letter of the City Assessor, dated November 6, 1963, relative to personal property assessments; and further, that it is the desire of the Council to call to the attention of the office of the City Assessor that resolution #851-63 requests information pertaining to real property assessments. An Ordinance Amending Ordinance No. 449 Known and Cited as the "Building Code Ordinance of the City of Livonia," by Adding Section 5.12 to Article V Thereof, and Adding Section 7.03 to Article VII Thereof, introduced on October 30, 1963, by Councilman McNamara, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Parks, Kleinert, Dooley, McNamara and McCann. NAYS: Daugherty and Bagnall. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Page 6305 The report of the Chief City Engineer regarding improvement of Lyndon Avenue between Berwick and Merriman, was withdrawn from the agenda to the next regular meet- ing of the Council. By Councilman Daugherty, seconded by Councilman Dooley and unanimously adopted, it was #861-63 RESOLVED that, having considered the four page petition dated October 29, 1963, containing 100 signatures, relative to a traffic light at the intersection of Five Mile and Merriman Roads, the Council does hereby request the City Clerk to transmit a copy of the petition to the Wayne County Road Commission for its consideration and requests the Wayne County Road Commission to submit its report to the Council. By Councilman McNamara, seconded by Councilman Daugherty and unanimously adopted, it was #862-63 RESOLVED that, the Board of Wayne County Road Commissioners is hereby requested to advance the paving at the intersection of Five Mile and Merriman Roads so that plans may be made to install a two-way stop traffic signal at that intersection. Councilman McNamara introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP 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 3.365. (Petition Z-601) THE CITY OF LIVONIA, ORDAINS: Section 1. The report and recommendation of the City Planning Commission, dated August 15, 1963, on Petition No. Z-601, 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 3.365. Petition No. Z-601 submitted by Anna B. Slapinskas and A. T. Zadeh, M. D., is hereby granted and the zoning classification of the premises hereinafter described is hereby changed from R-1-B to PS as requested insaid petition: Lots 146, 147 and 118, Park Woods Subdivision, as recorded in Liber 67, Page 13, Wayne County Records, said subdivision being a part of the N. E. 1/4 of Section 13, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; Page 6306 and the Northeast 1/L of Section 13 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 118 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. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman McCann introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 20 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NC. 60, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING THERETO SECTION 3.366 (Petition Z-603) THE CITY OF LIVONIA, ORDAINS: Section 1. The report and recommendation of the City Planning Commission, dated August 27, 1963, on Petition No. 1-603, 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 3.366. Petition No. 1-603 submitted by Peter Romanow is hereby granted and the zoning classification of the premises hereinafter described is hereby changed from RM to RUFB as requested in said petition: The North 317.17 feet of the South 449.17 feet of the East 165 feet of the West 495 feet of the East 1/2 of the Southeast 1/4 of Section 20, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, Bureau of Taxation Parcel 20M3b1a; and the southeast 1/4 of Section 20 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 119 of the Zoning Map of the City of Livonia," showing all of the an endments and changes made in the foregoing Section 2 of this ordinance is hereby approved, established and made a part hereof. Page 6307 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. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Daugherty introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 33 CF THE ZONING MAP CF 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 3.367. (Petition 1-611) THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission, dated October 2, 1963, on Petition No. Z-611, 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 3.367. Petition No. Z.-611 initiated by the City Planning Commission on its own motion is hereby granted and the zoning classifica- tion of the premises hereinafter described is hereby changed from C-1 to C-2 as requested in said petition: The south 165 feet of Lots 2, 3 and Li, Supervisor's Livonia Plat No. 1, as recorded in Liber 65, Page 52, Wayne County Records, said plat being of the East 1/2 of the N.W. i/4 of Section 33, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; and the Northwest 1/4 of Section 33 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 120 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 !i. 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. Page 6308 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 consideration at the next regular meeting of the Council. By Councilman McNamara, seconded by Councilman McCann, it was #863-63 RESOLVED that, pursuant to the report and recommendation dated October 28, 1963, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of resolution #345-60, adopted on June 13, 1960, said resolution having been subsequently amended by resolutions #690-60, #835-61, and #2110-62, so as to reduce the bond for remaining improvements in Koloff's Sunnyside Estates Subdivision No. 3 to $8,500.00, of which at least $7,900.00 shall be in cash, to cover the cost of remaining improvements in said subdivision; 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: Daugherty, Kleinert, Dooley, McNamara, McCann and Bagnall. NAYS: Parks. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #8611-63 RESOLVED that, the Library Commission is hereby requested to furnish the City Council, no later than November 18, 1963, its recom- mendation of a library site or sites which should be given consideration of acquisition, and further, it is requested that the Library Commission be represented at the Council study meeting to be held on November 20th, for the purpose of answering any question the Council may have regarding the recommended site or sites. By Councilman Kleinert, seconded by Councilman Parks and unanimously adopted, it was #865-63 RESOLVED that, having considered a communication dated October 24, 1963, from the Michigan Liquor Control Commission by Edward F. Maloney, Director of License Division, regarding an application from Richard James Glavin, 16840 Ashton, Detroit 19, Michigan, for a new full year Class C license, the Council does hereby refer the same to the Committee of the Whole for consideration in connection with other applications pending in connection with the list of applications submitted by the Ligior Control Commission on April 13, 1961. Page 6309 The letter dated October 22, 1963, from the City of East Detroit regarding withdrawal from the Michigan Municipal League, was received and filed for the in- formation of the Council. The letter from Acres Development Company regarding use of certain land in Section 28 for U. S. Army Reserve Training Center, was removed from the agenda to the next regular meeting of the Council. By Councilman Kleinert, seconded by Councilman McNamara, it was #866-63 RESOLVED that, the Chief City Engineer having filed with the City Clerk a statement dated October 14, 1963, on all matters required by Section 3.03 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on November 4, 1963, after due notice as required by Section 3.04 of said Ordinance, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.05 of said ordinance, 1) accept and approve said statement in all respects; 2) determine to make the improvement consisting of the installation of pavement on Harrison Avenue for a distance of 300 feet north of Joy Road in the Southwest i/4 of Section 36, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; 3) approve the plans and specifications for said improvement as set forth in said statement dated October 14, 1963; 4) determine that the estimated cost of such improvement is $7,800.00; 5) determine that the cost of said improvement shall be paid for by special assessments on the property benefited thereby; 6) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon in the amount of six per cent (6%) per annum on unpaid balance; 7) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: Parcel 36 G4a The South 300 ft. of the East 4 acres of the South 1/2 of the S. W. 1/4 of Section 36, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the South 60 feet thereof. Parcel 36j68a, 36j69a and 36j70a S. 150 feet of Lots 68, 69 and 70, Livonia Estates Subdivision Page 6310 No. 2 of part of the West 1/2 of the S. E. 1/4 of Section 36, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Parcel 36j69b3, 69j70b des t 5 feet of the N. 150 feet of Lot 69 and the North 150 feet of Lot 70, Livonia Estates Subdivision No. 2 of part of the W. 1/2 of the S. E. 1/4 of Section 36, T. 1 5., R. 9 E., City of Livonia, Wayne County, Michigan; 8) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land, all in accordance with the determination of the City Council; and 9) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3.07 of Ordinance No. 401, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present same to the City Council prior to the holding of the second public hearing thereon required by Section 3.08 of said ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Parks, Kleinert, Dooley, McNamara, McCann and Bagnall. NAYS: None. The following resolution was unanimously introduced and adopted: #867-63 RESOLVED that, notification of the approval of government project 309G enables the City of Livonia to immediately proceed with sorely needed extension of our sanitary sewer system that will eliminate acute problems of health and safety and will encourage the industrial development of our City thereby resulting in the creation of additional employment and in- creased financial stability for our community; therefore, the Livonia City Council does hereby express its sincere appreciation to Senator Patrick V. McNamara for his successful efforts on behalf of the City of Livonia in the approval of government project 309G. The following resolution was unanimously introduced and adopted: #868-63 RESOLVED that, notification of the approval of government project 309G enables the City of Livonia to immediately proceed with sorely needed extension of our sanitary sewer system that will eliminate acute problems of health and safety and will encourage the industrial development of our City thereby resulting in the creation of additional employment and in- creased financial stability for our community; therefore, the Livonia City Council does hereby express its sincere appreciation to Senator Philip A. Hart for his successful efforts on behalf of the City of Livonia in the approval of government project 309G. Page 6311 The following resolution was unanimously introduced and adopted: #569-63 RESOLVED that, notification of the approval of government project 309G enables the City of Livonia to immediately proceed with sorely needed extension of our sanitary sewer system that will eliminate acute problems of health and safety and will encourage the industrial development of our City thereby resulting in the creation of additional employment and in- creased financial stability for our community; therefore, the Livonia City- Council ityCouncil does hereby express its sincere appreciation to Representative Martha W.Griffiths for her successful efforts on behalf of the City of Livonia in the approval of government project 309G. On motion of Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, this 429th regular meeting of the Council of the City of Livonia was duly adjourned at 9:19 P.M., November 6, 1963.. Mari/ell), Clark, City Clerk