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HomeMy WebLinkAboutCOUNCIL MINUTES 1951-12-05 ADJOURNED Page 572 MINUTES OF THE ADJOURNED FIFTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA The above meeting was held, pursuant to adjournment, from December 3, 1951, to December 5, 1951, at 33110 Five Mile Road, Livonia, Michigan President Harry S Wolfe called the meeting to order at approximately 7:35 P M and a roll call was taken with the following result. Present-- Harry S Wolfe, Wilson W Edgar, Raymond E Grimm, Harvey Jahn, Nettie Carey, John Whitehead and William Taylor Absent-- None. Report from Herald Hamill, City Engineer, dated December 5, 1951, pertaining to claim of Mrs Wilson was received and placed on file At 8 .00 P M the Council combined its meeting in a joint session with the City Planning Commission and, after the City Planning Commission's public hearing had been opened and such hearing had been adjourned to Bentley lim High School, for lack of space in the City Hall, on motion of Councilman Taylor, seconded by Councilman Carey and unanimously adopted as follows, it was 0-777 RESOLVED, that the Council adjourn this meeting to Bentley High School and that this meeting continue as a joint meeting with the City Planning Commission The joint meeting of the City Planning Commission and City Council was opened at Bentley High School at 8:20 P M , at which time and place all members of the Council were present. Chairman George Bentley of the City Planning Commission called the public hearing to order and a hearing was had on Petitions No 37 to 42, inclusive. At 11.25 P M the public hearing was concluded and the City Planning Commission adjourned its meeting back to the City Hall, immediately following which, on motion of Councilman Grimm, seconded by Councilman Whitehead and unanimously adopted as follows, it was : Page 573 f� 7/? E' RESOLVED, that this 56th regular meeting of the Council, including joint meeting with the City Planning Commission, be adjourned back to the City Hall The joint meeting of the City Planning Commission and City Council reconvened at the City Hall at 11.25 P M and this joint meeting ended approximately 11:45 P M , at which time all members of the Council were present. Councilman Jahn made a motion, seconded by Councilman Taylor that the following resolution be adopted. `7'? RESOLVED that, pursuant to resolution adopted this 5th day of December, 1951, by the City Planning Commission, pertaining to Part II of the Master Plan of the City of Livonia, also known as Civic and Central Business Plan and proposed amendment of the Zoning Ordinance (Ordinance No 7) of the City of Livonia to conform to such plan, the City Council does hereby• (1) Approve said resolution and all parts thereof, including said Part II of the Master Plan; (2) Approve and accept the proposal described in said resolution; and (3) Accept on behalf of the City of Livonia the deeds described in said resolution, provided, however, that the right in the City to charge for parking by parking meters or otherwise is hereby reserved to the City; and, provided further, that until all of Parcel B is actually developed as a municipal parking lot, that portion not yet developed may be used by the City as a park area A roll call vote was taken on the foregoing resolution with the following result: AYES: Jahn, Taylor and Wolfe NAYS• Carey, Grimm, Whitehead and .6dgar The president announced that the motion had not carried. By Councilman Jahn, seconded by Councilman Grimm and unanimously adopted as follows, it was : RESOLVED, that the hour of 1:12 A M , December 6, 1951, having arrived, this 56th meeting of the Council is adjourned to the City Hall at 9:30 A M on December 8, 1951 The meeting was adjourned accordingly. Att -d: 'l �-� =%"` �,.��� / / ,,: Clark, City Clerk ry 5. ' - ie, esi Page 574 MINUTES OF THE ADJOURNED FIFTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA The above meeting was held, pursuant to an adjournment from December 5, 1951, to December B, 1951, at 33110 Five Mile Road, Livonia, Michigan. President Harry S Wolfe called the meeting to ander approximately 9.45 A M and a roll call was taken with the following result• Present-- Harry S Wolfe, Wilson W Edgar, Raymond E. Grimm, Harvey Jahn, Nettie Carey, John Whitehead and William Taylor Absent-- None By Councilman Grimm, seconded by Councilman Whitehead and unanimously adopted as follows, it was . 19 ? ?(-5 RESOLVED, that the time for submitting bids on heating equipment for building at 33211 Seven Mile Road be declared closed and that the City Clerk open all bids received The City Clerk then proceeded to open and read all bids received as follows : 1. John M. Campbell, Inc $3,150 00 2 All Season Heating & Cooling Co $4,234.00 By Councilman Jahn, seconded by Councilman Taylor and unanimously adopted as follows, it was : p '70/ RESOLVED that, on recommendation of the City Engineer, Herald Hamill, the bid of John M. Campbell, Inc. in the amount of $3,150.00 for furnishing and installation of heating equipment in building at 33211 Seven Mile Road, Livonia, Michigan, as per specifications prepared by the City ngineer, be and hereby is accepted; and the Mayor and City Clerk are directed to sign on behalf of the City a contract in conformance with such bid and this resolution; provided, however, that this resolution shall be effective only on condition that gas becomes available for use in said building in such time as may permit performance of said contract. The result of the roll call vote on the foregoing resolution was as follows : AYES: Grimm, Carey, Edgar, Jahn, Taylor, Whitehead & Wolfe. NAYS. None Page 575 President Wolfe then announced recommendations had been made by the City Planning Commission as to Petition No. 41, also known as Part II of the Master Plan of the City of Livonia and likewise known as Civic and Central Business Plan; and that these recommendations also pertained to the proposed amendment of the Zoning Ordinance of the City of Livonia to conform to such plan A discussion took place on two proposals, one being that the City acquire Parcel A as a gift and then purchase 1/2 of Parcel B as a parking lot at a price of $15,000 00, and the other being that the City purchase Parcel A for $25,000 00 and reject Parcel B entirely By Councilman Jahn, seconded by Councilman Carey and unanimously adopted as follows, it was : P-72,2- RESOLVED, that the resolution adopted December 5, 1951, by the City Planning Commission, and pertaining to Part II of the Master Plan of the City of Livonia, and proposed amendment of the Zoning Ordinance (Ordinance No 7) of the City of Livonia to conform to such plan, is hereby approved subject to the conditions, modifications and amendments hereinafter stated in this resolution; that such portions and provisions of said resolution and said Part II as pertain to the parking area designated as "B" and the proposed obligation of the City to construct and maintain said parking area at its own expense, are hereby disapproved and rejected by the Council; that the proposed deed from Ira M Petersime and Virginia Petersime, his wife, to the City of Livonia dated November 5, 1951, and conveying the following described parcel of land- PARCEL B , more particularly described as follows : Commencing at the Northwest Corner of Section 22, T. 1 SIR 9 E , City of Livonia, Wayne County, Michigan, Running thence S. 1° 25' W , along the west line of said Section a distance of 1360 00 feet for a POINT OF BEGINNING; Running thence S 88° 29' E , 500.00 feet; thence N 1° 25' E , 200.00 feet; thence S 88° 29' E , 520.00 feet; thence N. 460 28' E , 211 95 feet; thence N 1° 25' E., 1010 00 feet to the North line of said Section; thence S 88© 29' E , along said north line 50.00 feet; thence S 1° 25' W., 200.00 feet; thence S 88° 29' E , 365 00 feet; thence N. 1° 25' E , 200 00 feet to the north line of said Section, thence S5 88° 29' E , along said north line 60 00 feet, thence S 1 25' W , 1206.17 feet; thence S 46° 28' W. 605 93 feet, thence N 88° 29' W , 1216.17 feet to the west line of said Section; thence N. 1° 25' E., along said lis west line 275.00 feet to the POINT OF BEGINNING, except lot #396 Grennada Park Subdivision No 1 being a subdivision of part of the N W 1/4 of Section 22, T 1 S , R 9 E , Livonia Township, Wayne County, Michigan, Page 576 be and hereby is rejected, and the First National Bank of Plymouth, as escrow agent, is directed to return said warranty deed to said grantors, that the warranty deed frau Ira M Petersime and Virginia Petersime, his wife, to the City of Livonia dated November 2, 1951, and conveying Lot 314 of Grennada Park Subdivision No 1 is likewise rejected and said escrow agent is directed to return this deed to the grantors, that the warranty deed from Ira M. Petersime and Virginia Petersime, his wife, to the City of Livonia dated November 5, 1951, and conveying the following described parcel. PARCEL A, more particularly described as follows . Commencing at the Northwest corner of Section 22, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, Running thence S. 88° 29' E. along the north line of said Section, a distance of 300 00 feet, thence S 10 25' W300 00 feet for a POINT OF BEGINNING• Running thence S. 886 29' E., 204 00 feet; thence S. 1a 25' W., 185.78 feet, thence S 88° 29+ E., 126.00 feet, thence N 1° 25' E , 315 78 feet, thence S 88° 29+ E , 125 00 feet, thence N 1° 25' E , 170 00 feet to the north line of said Section; thence S. 88° 29' E , along said north line 415.00 feet; thence S. 1° 25' W , 1010.00 feet; thence S. L16° 28+ W , 211 95 feet; thence N 88° 29' W , 720 00 feet, thence N 1° 25' E , 330 45 feet, thence N 65° 57' W ,110 43 feet; thence N. 1° 25' E. 260.13 feet; thence S 65° 57' E , 48 82 feet; thence N. �4° 03' E , 100 00 feet; thence N 65° 57' W , 19 00 feet, thence N 1° 25' E , 21 67 feet; thence S. 65° 57' E , 39 00 feet; thence N. 10 25' E., 139.51 feet to the POINT OF BEGINNING, be and hereby is accepted by the City of Livonia, subject only to such conditions and restrictions as are expre8sly stated in said deed, and said escrow agent is directed to deliver this deed to the City of Livonia on receipt of a certified copy of this resolution; that the City of Livonia pay to said Ira M. Petersime and Virginia Petersime, his wife, a cash sum of $25,000 00 as a consideration for said deed conveying Parcel A, that in adopting said Part II of the Master Plan, the City cannot and does not guarantee that major commercial developments will not take place throughout the City, nor can the City bind itself to prevent or in any way interfere with or influence any such developments; that the cost of construction and maintenance of the parking area designated as Parcel B shall be paid by said Ira M Petersime and Virginia Petersime, his wife, or their assigns, and the City of Livonia shall not be obligated to pay such cost or any part thereof; and that the Mayor and City Clerk sign and deliver such instruments on behalf of the City and do such other things as may be reasonably necessary to the full performance of this resolution; provided, however, that this resolution shall not become effective until written acceptance and approval thereof has been given to the City of Livonia by said Ira M. Petersime and Virginia Petersime, his wife, and until a copy of such acceptance and approval, duly certified by the City Clerk, has been delivered to said First National Bank of Plymouth. The result of the roll call vote on the foregoing resolution was as follows: AYES: Grimm, Carey, Edgar, Jahn, Taylor, Whitehead & Wolfe NAYS• None. Page 577 Councilman Taylor introduced the following ordinance . 'Le NO. '9 AN ORDINANCE TO AMEND PORTION OF SECTION 22 OF THE ZONING MAP OF THE CITY OF LIVONIA OF ORDINANCE NO 7 ENTITLED- " AN ORDINANCE TO ESTABLISH DISTRICTS IN THE CITY OF LIVONIA; TO REGULATE THE USE OF LAND AND STRUCTURES THEREIN; TO REGULATE AND LIMIT THE HEIGHT, THE AREA, THE BULK AND LOCATION OF BUILDINGS; TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES; TO REGULATE THE DENSITY OFFF'OPULATICN; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE, TO PROVIDE FOR A BOARD OF APPEALS, AND ITS POWERS AND DUTIES; TO PROVIDE A PENALTY FOR THE VIOLATION OF THE TERMS THEREOF; AND TO ADOPT THE ZONING ORDINANCE OF THE TOWNSHIP OF LIVONIA, AMENDMENTS THERETO AND ZONING MAP," AND SECTION 3(A) OF SAID ORDINANCE NO 7 THE CITY OF LIVONIA ORDAINS. Section 1 The following definitions are hereby adopted: (a) Zoning Ordinance, as hereinafter used in this ordinance, is defined as Ordinance No. 7 of the City of Livonia entitled: "An Ordinance to Establish Districts in the City of Livonia; to Regulate the Use of Land and Structures Therein; to Regulate and Limit the Height, the Area, the Bulk and Location of Buildings; to Regulate and Restrict the Location of Trades and Industries and the Location of Buildings Designed for Specific Uses; to Regulate and Determine the Area of Yards, Courts and Other Open Spaces, to Regulate the Density of Population; to Provide for the Administration and Enforcement of this Ordinance, to provide for a Board of Appeals, and its Powers and Duties, to Provide a Penalty for the Violation of the Terms Thereof, and to Adapt the Zoning Ordinance of the Township of Livonia, Amendments Thereto and Zoning Map," as amended (b) The term Zoning Map, as used in this ordinance, is hereby defined to mean the Zoning Map adopted in Section 3 of said Zoning Ordinance (c) The term Petition or Petitions, as used in this ordinance is defined to mean petitions to amend said Zoning Ordinance filed with the Council and referred to the City Planning Commission for report and recommendations Section 2. That portion of Section 22 of the Zoning Map of the City of Livonia of said Zoning Ordinance is hereby amended to conform with, include and effectuate the map of Part II of the Master Plan of the City of Livonia, which Part II is also known as Civic and Central Business Plan, as adopted by resolution passed December 5, 1951, by the City Planning Commission; and the attached amended Zoning Map No 5 sharing such amendment is hereby approved and made a part hereof. Page 578 Section 3. Section 3 (A) of said Zoning Ordinance is hereby amended to include the following "Civic and Central Business Center A Civic and Central Business Center, as described in Part II of the Master Plan of the City of Livonia and in Section 22 of the Zoning Map, as amended, is hereby created and established, and shall consist of three districts, designated (A), (B), and (C) All land in said district (A) shall be used only for municipal, civic center purposes such as a site for city hall, auditorium, library and other desirable civic buildings, together with grounds and parking areas reasonably necessary or incidental to such pur- poses. All land in said district (B) shall be used only as a parking area, which shall be available for use by the public at all times and on which parking facilities may be used by owners and tenants of adjacent business properties, together with their customers. All land in said district (C) shall be used only for such purposes as are permitted in C-2 (General Business or Commercial) Districts, as defined and set forth in this ordinance 1 Section 4 All proceedings on Petition No til, entitled "Civic and Central Business Center", are hereby approved, a public hearing thereon having been duly held as provided by law and proper notice of such hearing having been given Section 5. 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 6. 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 portion of this ordinance. With the consent of all present, the foregoing ordinance was placed on the table for consideration at the next regular meeting. Letter from Frischkorn Bros. dated December 7, 1951, pertaining to Petition No. 39 was read and placed on file With the consent of all present, President Wolfe instructed the City Clerk to advise Mr Frischkorn that he may appear for a hearing at the regular meeting of the Council on December 17, 1951 Letter from Herald Hamill, City Engineer, to Lester French, Director of Public Works, dated December 7, 1951, pertaining to improvements in Thomas Elliott Subdivision was read and placed on file By Councilman Whitehead, seconded by Councilman Jahn and unanimously adapted as follows, it was: Page 579 f) 7/3 RESOLVED that, pursuant to recommendation of the City Engineer, it appearing that 24slineal feet of concrete paving has been satisfactorily completed in Thomas Elliott Subdivision, the City Treasurer is hereby directed to release to Equitable Building Company from the cash bond of $50,000 00 on deposit in the City Treasurer's office the sum of $6,480 00 The result of the roll call vote on the foregoing resolution was as follows . AYES: Grimm, Carey, Edgar, Jahn, Taylor, Whitehead & Wolfe NAYS• None. On motion of Councilman Grimm, seconded by Councilman Taylor and unanimously carried, the meeting was adjourned at 10.45 A M , December 8, 1951 ' r , City Clerk Attested: # / 1 H- S Wo Preside