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HomeMy WebLinkAboutCOUNCIL MINUTES 1962-12-19 Page 5794 MINUTES OF THE THREE HUNDRED NINETIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 19, 1962, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigai, and was called to order by the President of the Council at approximately 8:30 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 City Officials also present: Juanita Hillas, Deputy City Clerk; the City Attorney; the first Assistant City Attorney; the Director Of Public Works; the Chief City Engineer; and the Budget Director. By Councilman Parks, seconded by Councilman Dooley and unanimously adopted, it was #935-62 RESOLVED that, the minutes of the 389th regular meeting of the Council of the City of Livonia, held on December 12, 1962, are hereby approved. The City Attorney informed the Council that the City was served, at 4:50 P.M., December 19, 1962, with a legal process in a law suit: Rosedale Gardens Civic Association, a Michigan non-profit corporation, Plaintiff, vs. Nicholas George, the City of Livonia, a Municipal Corporation, the Zoning Board of Appeals of the City of Livonia, the Planning Commission of the City of Livonia,statutory agencies of said Municipal corporation, jointly and severally, in regard to the Drive-In Theater at Plymouth and Schoolcraft Roads. The President of the Council asked that the following be recorded in the minutes of this meeting: STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE IN CHANCERY Page 5795 ROSEDALE GARDENS CIVIC ASSOCIATION, a Michigan non-profit corporation, Plaintiff vs. NICHOLAS GEORGE, THE CITY OF LIVONIA, a No. 629-785 Municipal Corporation, THE ZONING BOARD OF APPEALS OF THE CITY OF LIVONIA, THE PLANNING COMMISSION CF THE CITY OF LIVONIA, statutory agencies of said Municipal Corporation, jointly and severally, Defendants ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER At a Session of said Court, held in the City-County Building, Detroit, Wayne County, Michigan, on the 19th day of December, A. D. 1962. Present: Honorable Jos. A. Moynihan, Jr. Circuit Judge On reading and filing the Bill of Complaint in this Cause, the Court being duly advised in the premises, ON MOTION of MUNSON, STACEY, NUSSBAUM SI MUNGER, attorneys for the Plaintiff, IT IS HEREBY ORDERED that the Defendants, NICHOLAS GEORGE, THE CITY OF LIVONIA, THE ZONING BOARD OF APPEALS OF THE CITY OF LIVONIA, and THE PLANNING COMMISSION OF THE CITY OF LIVONIA appear before this Court in the City-County Building, Detroit, Wayne County, Michigan, on Friday, the Lith day of January, A. D. 1963, at 11:00 o'clock A. M., before such Judge as the same may be assigned to, then and there to show cause, if cause there be why they and each of them should not be restrained, pendente lite, from conducting any further proceedings in con- nection with the said application, or from issuing any license, or from permitting the commencement of construction, or commencing construction under any license which might be issued, or from taking any action or doing any thing in disturbance of the status quo at the time of the filing of this Bill of Complaint. IT IS FURTHER ORDERED that pending hearing upon this Order to Show Cause the Defendants and each of them be temporarily restrained and enjoined from conduct- ing any further proceedings in connection with the said application, or from issuing any license or permitting the commencement of construction, or cammencing construction under any license which might be issued, or from taking any action or doing any thing in disturbance of the status quo at the time of the filing of said Bill of Complaint. Page 5796 IT IS FURTHER ORDERED that the Defendants and each of them be served with a copy of the Bill of Complaint and of this Order to Show Cause, at least four days before hearing upon said Order to Show Cause. Jos. A. Moynihan, Jr. Circuit Judge. * * * * Because of the above Court Orders the President of the Council announced that the Council would take no action on the Drive-In Theater license at this time. By Councilman McCann, seconded by Councilman Daugherty, it was #936-62 RESOLVED that, having considered the communication dated Novem- ber 5, 1962, from Mr. William W. Brashear„ 32900 Five Mile Road, Livonia, Michigan, relative to his pension status, the Council does hereby determine to concur with the action taken by the Retirement Board which has con- sidered the nine years and nine months of his employment as an officer of the City as equivalent to the required ten years and therefore has decided that he will be entitled to a pension upon reaching retirement age. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Parks and Bagnall. NAYS: Kleinert, *Dooley and McNamara. *Councilman Dooley asked that the following statement be recorded: I voted "No" for the reason that Mr.Brashear in his letter of November 5th stated, in paragraph two, "However, I would like this determination likewise by the City Council after you have had an opportunity to consider the findings of the Retirement Board and the opinion of the City Attorney." At this time, we do not have the findings of the Retirement Board, now do we have the City Attorney's opinion. The President declared the resolution adopted. An Ordinance Amending Ordinance No. 224 of the City of Livonia Known as the "Livonia Sewage Disposal System Ordinance" by Amending Sections 1.9, 1.19 and 1.20 of Article I Thereof, and Adding Sections 1.21 and 1.22 Thereto, introduced on December 12, 196211)y Councilman Parks, was taken from the table and a roll call vote conducted thereon with the following result: Page 5797 AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become ef- fective on publication. An Ordinance Amending Ordinance No. 221 of the City of Livonia Known as the "Livonia Sewage Disposal System Ordinance" by Amending Article III Thereof, introduced on December 12, 1962, by Councilman Kleinert, was taken from the t able and a roll call vote conducted thereon with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become ef- fective on publication. An Ordinance Amending Ordinance No. 224 of the City of Livonia Known as the "Livonia Sewage Disposal System Ordinance" by Amending Section 6.2 of Article VI Thereof, introduced on December 12, 1962, by Councilman Kleinert, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become ef- fective on publication. An Ordinance Amending Section 3 of Ordinance No. 3)4 of the City of Livonia entitled "An Ordinance Establishing and Fixing Connection Rates to Users and Beneficiaries of the Rouge Valley Sewage Disposal System of the County of Wayne, and Providing for the Allocation and Use of the Revenues Derived from the Collection of such Rates," introduced on December 12, 1962, by Councilman Kleinert, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. Page 5798 The President declared the foregoing Ordinance duly adopted and would become ef- t.. fective on publication. An Ordinance Amending Sections 2 and 4 of Article II of Ordinance No. 305 entitled, "An Ordinance to Regulate the Construction and Maintenance of Private Outdoor Swimming Pools in the City of Livonia and to License the Operation of Private Swimming Pool Clubs in the City of Livonia," introduced on December 12, 1962, by Councilman McNamara, was taken from the table and a roll call vote con- ducted thereon with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become ef- fective on publication. An Ordinance Amending Section 26 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 3.339, introduced on December 12, 1962, by Councilman McNamara, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, Dooley, McNamara, McCann, Parks and Bagnall. NAYS: Daugherty. The President declared the foregoing Ordinance duly adopted and would become ef- fective on publication. The recommendation of the Chief City Engineer regarding Brookfield, Fair- field and Cardwell Paving Project, was removed from the agenda for a further report from the Engineer. *Councilman Ruiolf R. Kleinert, was excused at 9:00 P. M., for the balance of the meeting. By Councilman Daugherty, seconded by Councilman McNamara, it was Page 5799 #937-62 RESOLVED that, having considered the report and recommendation dated December 12, 1962, from the Acting Superintendent of Operations Division, approved by the Director of Public Works, and pursuant thereto, the Council does hereby reject all bids received for supplying the City of Livonia with fire extinguishers, for the reasons stated in the afore- said letter, and the Director of Public Works and the Budget Director are hereby directed to readvertise for bids for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. By Councilman Parks, seconded by Councilman McNamara, it was #938-62 RESOLVED that, having considered the report and recommendation dated December 12, 1962, from the Acting Superintendent of Operations Division, approved by the Director of Public Works, the Council does hereby accept the bid of Wesley Goff Excavating, Inc., 30995 Fargo, Livonia, Michigan, for supplying the City with and installing 15 water hydrants, at the unit price of 0675.00, in a total amount of $10,125.00, such having been in fact the lowest firm bid, and for such other reasons as stated in the aforesaid letter. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. By Councilman Dooley, seconded by Councilman Daugherty and unanimously adopted, it was #939-62 RESOLVED that, the letter dated December Li, 1962, from Joseph M. Garrett, 29891 Richland, Livonia, Michigan, regarding an alleged injury to Mrs. Joseph M. Garrett while attending a Little League baseball game is hereby referred to the Department of Law for report and recommendation. The resolution from the City of Royal Oak regarding fluoridation of Detroit Water, was received and placed on file for the information of the Council. The report of the Municipal Court for the month of November, 1962, was received and placed on file. By Councilman Dooley, seconded by Councilman Daugherty, it was #940-62 RESOLVED that, having considered the report and recommendation dated December 1)1, 1962, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Page 5800 resolution #320-62, adopted on April 23, 1962, so as to reduce the bond for remaining improvements in Idyle Hills Estates Subdivision to $90,000.00 of which at least $9,000.00 shall be in cash, to cover the cost of remain- ing 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: Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman Doo ley and unanimously adopted, it was #941-62 RESOLVED that, pursuant to the provisions of Act 207 of the P. A. of 1921, as amended, the City Planning Commission is hereby ap- pointed and directed to recommend a new comprehensive zoning ordinance and map, indicating the boundaries of zoning districts and the appropriate regulations to be enforced therein, such recommendation and required reports to be made by the Commission in accordance with Section Ii of the said Act 207, P. A. 1921, as amended. Councilman Parks introduced the following emergency Ordinance: NO. 116 AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDI} ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING THERETO SECTION 3.340. THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission dated Noveanber 9, 1962, on Petition Z-572 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 3.310. Petition No. Z-572 submitted by Woodrow Ashley is hereby granted and the zoning classification of the premises here- inafter described is changed from RUFB to R-2 as requested in said petition: Lot 77 of the Storm and Fowler's Country Crest Subdivision of part of the Northeast 1/4 of Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, Page 5801 and the Northeast 1/L of Section 2 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 97 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 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: Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become ef- fective on publication. By Councilman Dooley, seconded by Councilman McNamara, it was ##9L4.2-62 RESOLVED that, the City Council does hereby take this means of informing the Board of Trustees of the proposed Northwest Wayne County Community College: 1) That this Council did on October 18, 1962, by its resolutions No. 802-62 and No. 803-62, authorize the filing of an applLcation with the Housing and Home Finance Agency for a grant to aid in financing the construction of a sanitary sewer designed and located to service the pro- posed community college; and 2) That notwithstanding the favorable or unfavorable dispostion of the above applications for a federal grant, the Council does hereby state its intention to cause such a sanitary sewer to be constructed at a location and of a sufficient size to service the proposed community college, and to be completed and ready for use when the community college commences operation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Daugherty, Parks and Bagnall. NAYS: None. Page 5802 On motion of Councilman Dooley, seconded by Councilman McCann and unanimously adopted,, this 390th regular meeting of the Council of the City of Livonia was duly adjourned at 9:20 P. M., December 19, 1962. Marie' W. Clark, City Clerk _