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HomeMy WebLinkAboutCOUNCIL MINUTES 1963-05-21 Page 6052 MINUTES OF THE FOUR HUNDRED TENTH REGULAR MEETING OF THE COUNCIL CF THE CITY OF LIVONIA On May 21, 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 8:06 P. M. Councilman Daugherty delivered the invocation. Roll was called with the following result: Present-- Edward H. McNamara, James R. McCann, John T. Daugherty, John F. Dooley and William E. Parks. Absent-- *Sydney B. Bagnall and *Rudolf R. Kleinert. Elected and appointed City officials present: Juanita Hillas, Deputy City Clerk; Robert A. Shaw, Director of Public works; Addison W. Bacon, Director of Public Safety; Charles J. Pinto, first Assistant City Attorney; Victor C. Phillips, Budget Director; Milton R. Holley, City Assessor; Thomas Griffiths, Jr., Chief Accountant; and William J. Strasser, Chief City Engineer. By Councilman Parks, seconded by Councilman Daugherty and unanimously adopted, it was #380-63 RESOLVED that, the minutes of the 409th regular meeting of the Council of the City of Livonia held May 15, 1963, are hereby approved. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #381-63 RESOLVED that, having considered the letter dated May 21, 1963, from the Mayor, regarding railroad grade separations, the Livonia City Council does hereby record its request to the Michigan Public oervice Commission to hold hearings of necessity for grade separations at the C & 0 Railroad crossings at Middlebelt and Farmington Roads in the City of Livonia. The letter dated May 17, 1963, from the Mayor, and the letter dated May 14, 1963, from the City Attorney regarding the Accordion and Dance Programs of the Depart- ment of Parks and Recreation were received and placed on file for the information of the Council. An Ordinance Amending Section 1 of the Zoning Map of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of Page 6053 the City of Livonia, by Adding Thereto Section 3.350 (Petition Z-581)„ introduced by Councilman Parks on May 15, 1963, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McCann, Daugherty, Dooley, Parks and McNamara. NAYS: None. The Vice President declared t he foregoing Ordinance duly adopted and would become effective on publication. By Councilman Parks, seconded by Councilman McCann, it was #382-63 RESOLVED that, having considered the request dated May 15, 1963, from the City Assessor, the Council does hereby transfer the sum of $600 from the Unallocated Fund to the following budget accounts in the follow- ing respective amounts: $300.00 to Acct. 140-57 - Tools & Supplies 50.00 to Acct. 140-45 - Office Supplies 150.00 to Acct. 140-144 - Misc. Supplies 100.00 to Acct. 1110-17 - Main. Office Equipment. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Dooley, Parks and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Daugherty and unanimously adopted, it was #383-63 RESOLVED that, the report dated May 8, 1963, from the Dire ctor of Public works regarding the complaint of Arthur Whitefield, 28555 Sunny- dale, Livonia, be tabled to the next regular meeting of the Council and the Clerk requested to notify Mr. Whitefield of such meeting. The letter dated May 10, 1963, from the City Planning Commission containing its resolution #4-57-63, submitted pursuant to Council resolution #153-63, regarding correction of certain street names in Garden Farms Subdivision, wns received and placed on file for the information of the Council. By Councilman Daugherty, seconded by Councilman McCann, it was #384-63 RESOLVED that, having considered the request dated May 15, 1963, from the Livonia Junior Chamber of Commerce, the Council does hereby waive the license fee in connection with the license to be obtained by the above organization in connection with holding a carnival on June 4 through June 9, Page 6O5) 1963,, inclusive, it being the belief of the Council that the worthy objectives of this organization justify the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Dooley, Parks and McNamara. NAYS: None. By Councilman Parks, seconded by Councilman McCann, it was RESOLVED that, having considered the appeal dated May 16, 1963, from Lowry L. Snyder, 32956 Martin, Livonia, requesting relief from certain provisions of Ordinance No. 305, as amended, the Council does hereby authorize an exception to the provisions of Ordinance No. 305, as amended, particularly Section 4(a) of Article II, which will allow the appellant to construct a private swimming pool to within five (5) feet of his west property line, it being the determination of the Council that the circumstances described create a situation of practical difficulty warranting a modification of Ordinance No. 305, as amended. By Councilman McCann, seconded by Councilman Daugherty, it was RESOLVED that, the foregoing resolution be amended to include the request that the fence abutting the west side of the swimming pool shall be six feet in height. A roll call vote was taken on the amendment with the following result: AYES: McCann, Daugherty, Dooley, Parks and McNamara. NAYS: None. The Vice President declared the amendment adopted. A roll call vote was taken on the resolution as amended: #385-63 RESOLVED that, having considered the appeal dated May 16, 1963, from Lowry L. Snyder, 32956 Martin, Livonia, requesting relief from certain provisions of Ordinance No. 305, as amended, the Council does hereby authorize an exception to the provisions of Ordinance No. 305, as amended, particularly Section )4(a) of Article II, which will allow the appellant to construct a private swimming pool to within five (5) feet of his west property line, it being the determination of the Council that the circum- stances described create a situation of practical difficulty warranting a modification of Ordinance No. 305, as amended; provided, however, that a fence six (6) feet in height shall be constructed abutting the west side of the swimming pool. with the following result: AYES: McCann, Daugherty, Dooley, Parks and McNamara. NAYS: None. The Vice President declared the resolution, as amended, adopted. Page 6055 By Councilman Dooley, seconded by Councilman Parks, it was #386-63 RESOLVED that, having considered the request dated May 15, 1963, from the City Treasurer, the Council does hereby transfer the sum of $1,477.72 from the Unallocated Fund to Budget Account 141-19, so as to cover increased cost in connection with the preparation of tax assessment rolls, tax bills, etc., by the Wayne County Bureau of Taxation. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Dooley, Parks and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Parks, it was #387-63 RESOLVED that, having considered the request dated April 29, 1963, from the Michigan Liquor Control Commission, and subject to an affirmative recommendation from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Quik Pik Food Stores, Inc., for a new SDM license to be located at 27455 Six MileRoad, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Dooley, Parks and McNamara. NAYS: Daugherty. The Vice President declared the resolution adopted. By Councilman McCann, seconded by Councilman Parks, it was #388-63 RESOLVED that, having considered the request dated April 29, 1963, from the Michigan Liquor Control Commission, and subject to an affirmative recommendation from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Quik Pik Food Stores, Inc., for a new SDM license to be located at 20391 Middlebelt Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann,Dooley, Parks and McNamara. NAYS: Daugherty. The Vice President declared the resolution adopted. By Councilman McCann, seconded by Councilman Parks, it was #389-63 RESOLVED that, naving considered the request dated April 29, 1963, from the Michigan Liquor Control Commission, and subject to an affirmative Page 6056 recommendation from the DArector of Public Safety in connection therewith, the Council does hereby approve of the request from Quik Pik Food Stores, Inc., for a new SDM license to be located at 31360 Schoolcraft Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Dooley, Parks, and McNamara. NAYS: Daugherty. The Vice President declared the resolution adopted. By Councilman McCann, seconded by Councilman Parks, it was #390-63 RESOLVED that, having considered the request dated April 29, 1963, from the Michigan Liquor Control Commission, and subject to an affirmative recommendation from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Quik Pik Food Stores, Inc., for a new SANT license to be located at 36274 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Dooley, Parks and McNamara. NAYS: Daugherty. The Vice President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman McCann, it was #391-63 RESOLVED that, having considered the communication dated May 20, 1963, from the Civil Service Commission, the Council does hereby concur with the recommendation of the Civil Service Commission to establish a 01.00 "show-up"fee for umpires appearing for scheduled baseball games which, due to weather, require official postponement. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Dooley, Parks and McNamara. NAYS: None. By Councilman Daugherty, seconded by Councilman Dooley, it was #392-63 RESOLVED that, the Council does hereby transfer the sum of $10,000.00 from the Unallocated Fund to Account No. 360-18 (Civic Improve- vents) for the purpose of making the first payment due on the contract by and between the City and the Board of Wayne County Road Commissioners relative to the acga.isition of additional rights-of-way on Five Mile Road authorized by resolution #171-63. Page 6057 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Dooley, Parks and McNamara. NAYS: None. By Councilman Parks, seconded by Councilman Daugherty, it was #393-63 RESOLVED that, the Engineering Division is requested to submit a survey of all the open drainage ditches within the Livonia Drain District No. 1, which would qualify for enclosure under the Livonia Drain No. 1 Bond Issue and to thereafter submit a report to the Council indicating the remaining surplus funds available from the Livonia No. 1 Drain Bond Issue, together with the estimated cost to enclose those open drains which are within the scope of the said bond issue; and the City Clerk is requested to forward copies of this resolution to the office of the Wayne County Drain Commissioner and to Miller, Canfield, Paddock and Stone, bonding counsel. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Dooley, Parks and McNamara. NAYS: None. At 9:00 P. M., a recess was called, after which, at 9:55 P. M., the meeting resumed with all seven memoers of the Council present, the Vice President presiding. Councilmen % ydney B. Bagnall a nd*Rudolf R. Kleinert arrived during the recess. 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 3.349 (Petition Z-58o), introduced by Councilman Kleinert on May 15, 1963, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Dooley, Kleinert, Parks and Bagnall. NAYS: McCann, Daugherty and McNamara. The Vice President declared the f oregoing Ordinance duly adopted and would become effective on publication. By Councilman Dooley, seconded by Councilman Bagnall, it was #391 -63 RESOLVED that, the Council does hereby authorize the construction of sanitary sewers and sewer extensions to service Golden Ridge Subdivision Page 6058 and Golden Ridge Subdivision No. 1 located in the Southeast 1/4 of Section 31 in the City of Livonia, as shown on the map dated May 21, 1963, (more particularly designated by the shaded area thereon), prepared by the Engineering Division of the Department of Public works of the City of Livonia, the estimated cost of which project is $119,000.00, which is set out in the letter from the Chief City Engineer dated 5-21-63 (Part A thereof), each of which is attached hereto and made a part hereof, and for this purpose the aforesaid sum is authorized to be expended from the Surplus and Replacement Fund of the Sewer Division Budget; and the Department of Public Works is herein authorized to advertise for and receive bids for this project and to do all other things necessary or incidental to the full performance of this resolution. By Councilman Daugherty, seconded by Councilman Parks, it was RESOLVED that, the foregoing resolution be amended to include that the sanitary sewers of Golden Ridge Subdivision and Golden Ridge Sub- division No. 1, to be installed by the City of Livonia under the Surplus and Replacement Fund of the Sewer Division Budget, that the developers of the subject subdivisions will bear all costs for the said construction over and beyond the sum of money to be derived from tap-in charges as specified by Ordinance No. 22111 as amended, the estimated revenue from said tap-in charges being estimated at $115,000, and the estimated costs of construction being $119,000, and further, this action is taken with the recognition that development of private properties for speculation should be developed at no cost to the City of Livonia. A roll call vote was taken on the foregoing amendment with the following result: AYES: McCann, Daugherty and McNamara. NAYS: Dooley, Kleinert, Parks and Bagnall. The Vice President declared the amendment denied. A roll call vote was taken on resolution #394-63, with the following result; AYES: McCann, Dooley, Kleinert, Parks, Bagnall and McNamara. NAYS: Daugherty. The Vice President declared the resolution adopted. By Councilman Dooley, seconded by Councilman Kleinert, it was #395-63 RESOLVED that, having considered the communication from Herbert Burdick, attorney-at-law, for and on behalf of Waldman-Rose Homes, Inc., dated May 10, 1963, with respect to the development and improvement of property and building sites within the existing Golden Ridge Subdivision and Golden Ridge Subdivision No. 1, situated in the Southeast 1/4 of Section 31, and having considered the request and the offer contained within the aforesaid letter, the Council does hereby indicate its agree- ment with and does hereby accept the offer of Waldman-Rose Homes, Inc.: 1) to develop all of its lots as referred to in the aforesaid letter Page 6059 into minimum building sites with a minimum width at the front lot line of sixty (60) feet and as shown on a map presented to the City Council by Waldman-Rose Homes, Inc., dated May 11, 1963, and prepared by Paul J. Monohon Associates; and provided, haaever, that such letter and map having noted two (2) particular instances (Lot 324 and parts of Lots 322 and 321 of Golden Ridge Subdivision No. 1) where com- pliance with the sixty (60) foot minimum cannot be obtained, the Council does hereby indicate its agreement to building sites respectively forty (40) and fifty (50) feet in width and takes this means to recommend a variance for this purpose in the event the proprietor files an application for same with the Zoning Board of Appeals; and provided further, that the Council does hereby accept the offer to develop the aforesaid lots to meet R-1 requirements, it being the belief of the Council that such development will serve the community; 2) to install a six inch (0 ) water line in and along Stonehouse Avenue extending between Joy Road and West Chicago Avenue, at its sole expense and with no expense to the City of Livonia; 3) to construct a twenty foot (20' ) wide concrete pavement on Stone- house Avenue extending from Joy Road to a point one hundred ten (110) feet, more or less, from the south right-of-way of West Chicago Avenue and on Lamont Street from Joy Road north to the south right-of-way line of Northfield Avenue, and in addition to the installation of such pavement to improve such rights-of-way adjacent to the pavement with an adequate open-road drainage system, such pavement improvements to be installed at no expense to the City; L ) to dedicate to the City of Livonia a twenty (20) foot continuous strip of land west of and immediately adjacent to the existing Stone- house Avenue right-of-way which dedicated land shall extend from Joy Road north to a point one hundred ten (110) feet more or less from the south right-of-way line of West Chicago Avenue, which dedication shall be accomplished by a good and sufficient warranty deed executed by the owners of record and the acceptance of same to be effective with the said completion of the aforesaid pavement improvements; 5) that the sum of $50.00 per each site developed be placed in a reserve fund for drain maintenance; provided, however, that all of the foregoing improvements herein authorized shall be satisfactorily completed in a manner consistent with this resolu- tion, evidence of which shall be a certification by the Chief City Engineer; and provided further, that in reliance upon the offer and agreement con- tained in the aforesaid letter dated May 10, 1963, and the complete per- formance thereof, the Council does hereby agree to cause sanitary sewers to be installed within the said subdivisions in compliance with the letter from the Engineering Division dated May 21, 1963, and the plan attached thereto dated May 21, 1963; and provided further, that this resolution is conditioned on Waldman-Rose, Inc., indicating in writing to the City of Livonia its concurrence with this resolution and the foregoing agreement and understanding contained herein; further, each and every one of the letters and maps referred tc above are made a part hereof by this reference. Page 6060 Councilman Daugherty offered the following amendment to the foregoing resolution and requested that it be recorded in the minutes: Resolved that, the foregoing resolution be amended to provide that under paragraph three wherein it refers to open drainage as outlined in the City Engineer's report dated May 21, 1963, thAtan enclosed storm drainage system, as outlined in the aforementioned report, be provided at an estimated cost of $60,000. The Vice President declared the amendment lost for lack of support. A roll call vote wes taken on resolution #395-63, with the following result: AYES: McCann, Dooley, Kleinert, Parks, Bagnall and McNamara. NAYS: Daugherty. The Vice President declared the resolution adopted. The Vice President relinquished the Chair to the President of the Council at 10:48 P.M. By Councilman McNamara, seconded by Councilman Kleinert, it was RESOLVED that, the Council does hereby transfer the sum of $900 from the Unallocated Fund to the Travel and Education Account of the Mayor's Budget to cover expenses to be incurred by the Mayor in attending the U. S. Conference of Mayors in Honolulu, Hawaii, from June 8 through June 13, 1963, and for such purpose the aforesaid sum is authorized for expenditure. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Kleinert and McNamara. NAYS: McCann, Daugherty, Parks and Bagnall. The President declared the resolution denied. On motion of Councilman Kleinert, seconded by Councilman McNamara and unanimously adopted,this 410th regular meeting of the Council of the City of Livonia was duly adjourned at 10:52 P. M., May 21, 1963. " arie n. • - rk, City Clerk