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HomeMy WebLinkAboutCOUNCIL MINUTES 1962-07-25 Page 5582 MINUTES OF THE THREE HUNDRED SEVENTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 25, 1962, the above meeting was held at 33001 Five Mile Roads Livonia, Michigan, and was called to order by the President of the Council at approximately 8:11 P. M. Councilman McCann 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 City Officials also present: Marie W. Clarks City Clerk; Juanita Hillas, reputy City Clerk; Mayor Harvey W. Moelke; the City Attorney; the Assistant City Attorney; the Director of Public Works; the Director of Public Safety; and the Chief City Engineer. By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was #580-62 RESOLVED that, the minutes of the 370th regular meeting of the Council of the City of Livonia held on July 11, 1962, the adjourned 370th regular meeting held on July 18, 1962, and the 371st regular meeting held on July 18, 1)62, are hereby approved. Marie W. Clark, City Clerk, informed the Council of a veto message from the Mayor on resolution #551-62, adopted on July 18, 1962, regarding reaffirmation of approval of Marcy Ann Subdivision. By Councilman Daugherty, seconded by Councilman McNamara and unanimously adopted, it was #581-62 RESOLVED that, having considered the report and recommendation dated June 27, 1962, from the City Planning Commission in regard to Petition No. Z-554, submitted by Joseph Slavik for change of zoning in the Southwest 1/4 of Section 10 from RLA to PS, the Council does hereby concur with the recommendation of the City Planning Commission and said Petition No. Z-554 is hereby denied for the following reasons: (1) That the requested zoning, if granted, would permit uses likely to interfere with the peaceful use and enjoyment of adjacent and nearby properties; Page 5583 (2) That the requested zoning is not in harmony with either the comprehensive zoning plan or the master plan; (3) That the requested zoning, if granted, would not be in harmony with the existing or planned development of this portion of the community and would amount to spot zoning and would allow uses in- consistent with existing uses and uses properly allowed by the master and zoning plan; and (4) That since the present zoning classification of such property, there has been no substantial change in the character of the petitioner's property or the surrounding area which would warrant the requested change of zoning classification. By Councilman McNamara, seconded by Councilman McCann, it was RESOLVED that, having considered the report and recommendation dated June 27, 1962, from the City Planning Commission, in regard to Petition No. Z-555, submitted by Joseph Slavik for change of zoning in the Southwest 1/4 of Section 10 from RLA to R-3, the Council does hereby reject the recommendation of the City Planning Commission and Petition No. Z-555 is hereby denied for the following reasons: (1) That the requested zoning, if granted, would not be in harmony with either the existing development of the surrounding portion of the community nor would it be in harmony with the planned develop- ment of the surrounding portion of the community nor would it be in harmony with t he planned development of the surrounding community as established by the existing zoning plan or master plan of the City; (2) That the requested zoning would permit uses which would be likely to interfere with the peaceful use and enjoyment of adjacent and nearby residential properties; and (3) That the requested zoning, if granted, would be spot zoning. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann and Daugherty. NAYS: Parks, Kleinert, Dooley and Bagnall. The President declared the resolution denied. By Councilman Kleinert, seconded by Councilman Parks, it was #582-62 RESOLVED that, having considered the report and recommendation dated June 27,1962, from the City Planning Commission in regard to Petition No. z-555, submitted by Joseph Slavik for change of zoning in the Southwest 1/4 of Section 10 from RLA to R-3, the Council does hereby concur with the recommendation of the City Planning Commission and Petition No. Z-555 is hereby approved and granted; and the City Planner is instructed to cause the necessary map for publication to be prepared indicating the Page 5584 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 prepare 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: Parks, Kleinert, Dooley and Bagnall. NAYS: McNamara, McCann and Daugherty. The President declared the resolution adopted. An Ordinance Amending Section 4.02 of Ordinance No. 51 of the City of Livonia, Known and Cited as the "Building Code of the City of Livonia," introduced by Councilman McNamara on July 18, 1962, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, McCann, Daugherty, Parks, Dooley and Bagnall. NAYS: Kleinert. The President declared the foregoing Ordinance duly adopted and would become ef- fective on publication. An Ordinance Amending Sections 1 and 2 of Ordinance No. 159 of the City of Livonia, Known as the "Livonia Municipal Library Commission Ordinance," introduced on July 18, 1962, by Councilman McNamara, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, McCann, Daugherty, Parks, Dooley and Bagnall. NAYS: Kleinert. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 4 of Ordinance No. 231 of the City of Livonia, Known 4s the "Livonia Industrial Development Commission Ordinance," introduced on July 18, 1962, by Councilman McNamara, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, McCann, Daugherty, Parks, Dooley and Bagnall. NAYS: Kleinert. Page 5585 The President declared the f oregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 2 of Ordinance No. 229 of the City of Livonia, Known as the "Livonia Commission on Children and Youth Ordinance," introduced on July 18, 1962, by Councilman McNamara, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, McCann, Daugherty, Parks, Dooley and Bagnall. NAYS: Kleinert. The President declared the f oregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Sections 1 and 3 of Ordinance No. 211 of the City of Livonia, Known as the "Livonia Historical Commission Ordinance," introduced by Councilman McNamara on July 18, 1962, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, McCann, Daugherty, Parks, Dooley and Bagnall. NAYS: Kleinert. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 8 of Ordinance No. 52, Known as the "Electrical Licensing Ordinance of the City of Livonia," introduced by Councilman McNamara on July 18, 1962, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, McCann, Daugherty, Parks and Dooley. NAYS: Kleinert and Bagnall. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 2.12 of Ordinance No. 21 of the City of Livonia, Known and Cited as the "Traffic Ordinance," introduced by Councilman Page 5586 McNamara on July 18, 1962, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 28 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 3.331, introduced by Councilman Dooley on July 18, 1962, 1.4s taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance to Amend Sections 8, 9, 10, 22, 23, 24, 25 and 26 of Ordinance No. 43, as amended, entitled "An Ordinance to Provide for the Refunding of Outstanding Water Supply System Refunding and Extension Revenue Bonds, and Construction of Ex- tensions and Improvements to the Water Supply System of the City of Livonia; Authorizing and Providing for the Issuance of Self-Liquidating Revenue Bonds for these Purposes under the Provisions of Act 94, Puolic Acts of Michigan, 133, as amended; Providing for the Fixing, Collection, Segregation and Disposition of the Revenues of said Water Supply System of the said City of Livonia, and Providing for a Statutory Lien in Favor of the Holder or Holders of Such Bonds Upon the Whole of Such Revenues," introduced by Councilman Kleinert on July 18, 1962, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Mc Namara, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: Mc Cann. Page 5587 The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance to Establish the Charges and Rates for Services Rendered by and for Connections to the Water Supply System of the City of Livonia, introduced by Councilman Kleinert on July 18, 1)62, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: McCann. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Vacating Portions of Street, Alley and Public Ground, (Petition No. V-66) introduced on July 18, 1962, by Councilman Daugherty, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert, Dooley and Bagnall. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman McCann, seconded by Councilman Daugherty anduunanimously adopted, it was #583-6? RESOLVED that, having considered the report and recommendation dated June 25, 1962, from the City Planning Commission, the Council does hereby determine to and does defer further consideration of a certain request from Hudson-Solom Pen Mar Corporation for the addition of space and remodeling of a Class C licensed establishment until such time as the Council receives a report indicating the disposition of the petitioner's application to the Zoning Board of Appeals for a variance with respect to parking facilities. Councilman Kleinert introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP OF THE lor CITY CF LIVONIA AND MENDING AETICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING THEN.iTO SECTION 3.332. Page 5588 THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission, dated June 8, 1962, on Petition No. Z-556, 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 3.332. Petition No. Z-556 submitted by Wilfred T. LaMar and Aline LaMar, is hereby granted and the zoning classification of the premises hereinafter described is hereby changed from RUFA to 0-2, as requested in said petition: The west 1/2 of the Est 1/2 of the Northwest 1/14 of the Northeast 1/4 of the Northeast 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; and the East 1/2 of the West 1/2 of the Northwest 1/4 of the North- east 1/4 of the Northeast 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; and the Easterly 2/5 of the West 1/2 of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; and the Northeast 1/4 of Section 11 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 91 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 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. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #584-62 RESOLVED that, Petition No. V-69, dated July 18, 1962, submitted by George H. Pastor & Sons, to vacate the south 65.011 feet of an easement on the west side of Lot 421, Kimberly Oaks Estates Subdivision No. 2, is Page 5589 hereby referred to the City Planning Commission for action and recommenda- tion according to law and Ordinance No. 29. By Councilman Kleinert, seconded by Councilman McNamara and unanimously adopted, it was #585-62 RESOLVED that, having considered the communication dated June 8, 1962, from the Michigan Liquor Control Commission, the Council does hereby approve, above all others, of the request from Bashara's Bowling Enter- prises, Inc., for a new full year Class C liquor license, which the Michi- gan Liquor Control Commission's letter has indicated to be located at 28155 Plymouth road, Livonia, Michigan, and bowling permit; and the City Clerk is requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman Dooley, seconded by Councilman McCann, it was #586-62 RESOLVED that,having considered the report and recommendation dated July 10, 1962, from the Acting Superintendent of Operations Division, approved by the Mayor and Director of Public Works, the Council does hereby accept the respective bids of: (1) Taylor's Inc., 19711 Livernois, Detroit 21, Michigan, for supplying the City of Livonia with one (1) 1/2 ton pick-up truck for a total sum of X1,31414.38; (2) Town & Country Dodge, Inc., 32411 Grand River, Farmington, Michigan, for supplying the City of Livonia with one (1) 1/2 ton pick-up truck cab and chassis with service body, for a total sum of $2,219.148; such having been respectively the lowest bids received for these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Daugherty, Parks, Kleinert,Dooley and Bagnall. NAYS: None. By Councilman Dooley, seconded by Councilman Daugherty and unanimously adopted, it was #587-62 RESOLVED that, having received the request from the Burton Hollow Civic Association on July 20, 1962, the Council does hereby grant permission for that association to hold a street dance for teenagers on the night of July 28, 1962, from 7:30 p. m., to 12:00 midnight, on Riverside Drive, west of Bristol Drive; provided, however, that this dance shall be chaperoned by adults and that all restrictions and regulations that may be imposed by the Police Department shall be observed. By Councilman McNamara, seconded by Councilman Daugherty and unanimously adopted, it was Page 5590 #588-62 RESOLVED that, having received the request dated July 23, 1962, from the Meri-Lynn Civic Association, the Council does hereby grant per- mission for that association to hold a street dance on the night of August 8, 1962, from 7:00 p. m., to 11:00 p. m., on Middleboro Avenue from the address of 31757 to 36121; provided, however, that all restrictions and regulations that may be imposed by the Police Department shall be observed. At 9:16 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. Marie W. Clark, City Clerk, informed the Council that the Mayor had withdrawn his veto of resolution #551-62. On motion of Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, this 372nd regular meeting of the Council of the City of Livonia was duly adjourned at 9:35 P. M., July 25, 1962. L ,,,:.:,:_:.>"-- -,-<"----- ---ii-- ___--e<e-e//, MarieClark, City Clerk 1