HomeMy WebLinkAboutPLANNING MINUTES 1961-02-07 ", .
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MINUTES OF THE PUBLIC HEARING AND THE
126TH SPECIAL MEETING OF THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
ljOn Tuesday, February 7, 1961 the. City Planning Commission of the City of Livonia
held a public hearing and the 126th Special Meeting at the Livonia City Hall, 33001
Five Mile Road, Livonia, Michigan. Mr. Charles W. Walker, Chairman called the
Public Hearing to order at approximately 8:00 p.m.
Members present: W. E. Okerstrom, Robert L. Angevine, Robert M. Peacock, James
Watson, Jr. , James Cameron and Charles W. Walker
Members absent: Dennis Anderson, Leonard K. Kane and **Robert L. Greene
Mr. David McCullough, City Planner, was present along with approximately 6 interested
persons in the audience. *Mr. Pinto had not arrived at this time.
Mr. McCullough: The first item on the agenda is Application TA-78 by p. L.
Kozub, requesting permission to remove a stockpile of topsoil
from a parcel located approximately 445 ft. North of School-
craft Road and approximately 1320 ft. East of Middlebelt
Road in the Southwest 1/4 of Section 24.
Mr. P. L. Kozub was present.
Mr. McCullough: Letters have been received from the Police Department dated
January 23, 1961 and from the Engineering Department dated
January 19, 1961 recommending approval.
This is a stockpile of topsoil which had been removed under
previous applications which had been approved. It will be
necessary to set a proper bond for this application and
to determine the amount of acres it consists of.
Mr. P. L. Kozub: I would say approximately 12 acres are involved.
*Mr. Charles J. Pinto, Assistant City Attorney arrived at 8:05 p.m.
Mr. Peacock: We can see no objection to removing this stockpile, but I
would say it involves at least three acres because there is
an area to be graded, etc.
Mr. Walker: Where will the egress and ingress be located?
Mr. Peacock: They have already been established from the other two
applications:
Mr. Walker: Is there anyone in the audience who wishes to speak?
**Mr. Greene arrived at 8:06 p.m.
Mr. McCullough: Mr. Kozub has requested the release of the two former
bonds on the two applications approved previously. The
Bureau of Inspection has recommended the release of these
two bonds subject to any previleges of removal under
the other two permits being terminated at the time the
Planning Commission authorizes the release of the bonds.
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Upon a motion duly made by Mr. Peacock, supported by Mr. Cameron, it was
#2-22-61 RESOLVED that, pursuant to a Public Hearing having been held the
City Planning Commission does hereby grant Application TA-78 by
P. L. Kozub requesting permission to remove a stockpile of topsail
from a parcel located approximately 445 ft. North of Schoolcraft
Road and approximately 1320 ft. East of Middlebelt Road in the
Southwest 1/4 of Section 24, subject, however, to the following
conditions:
(a) that the applicant shall not at any time allow water to collect
on the subject property or on adjoining property and at all times shall
maintain adequate drainage;
(b) that the applicant shall not excavate below the grade of any
proposed subdivision streets;
(c) that the applicant shall at all times comply with all traffic
requirements established by the Police Department;
(d) that the applicant shall be obligated to seed all of the land
from which topsoil has been removed with some seed acceptable to
the Department of Parks & Recreation unless at the time the
applicant petitions for the release of the topsoil bond that the
Planning Commission relieves the petitioner of this obligation,
FURTHER RESOLVED, that the applicant deposit with the City Clerk,
a corporate surety bond at $500.00 per acre for three (3) acres,
( 1500.00) which bond shall be for at least a one-year period,
and
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THAT, the period for which the permit herein, authorized shall be
for a period of one year or period not to exceed the expiration
date of the bond as required herein, whichever is the shorter
period, and
THAT,THE applicant shall apply for and obtain the permit herein
authorized within thirty (30) days from the date of this
resolution,
FURTHER RESOLVED, notice of the above hearing was sent to the
property owners within 500 feet, petitioner, City Departments
as listed in the Proof of Service and recommendation having
been obtained from the Police Department under date of January
23 1961; and from the Engineering Department dated January 19,
1961.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Cameron, Peacock, Greene, Angevine, Watson, Okerstrom and
Walker
NAYS: None
Mr. Walker: The motion is carried and the foregoing resolution is adopted.
10 Upon a motion duly made by Mr. Okerstrom, supported by Mr. Angevine, it was
#2-23-61 RESOLVED that, the City Planning Commission does hereby duly
adjourn the public hearing held on Tuesday, February 7, 1961 at
approximately 8:07 p.m.
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A roll call vote on the foregoing resolution resulted in the following:
AYES: Cameron, Peacock, Greene, Watson, Angevine, Okerstrom
and Walker
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NAYS: None
Mr. Walker: The motion is carried and the foregoing resolution is adopted.
Mr. Walker called 'the 126th Special Meeting to order at approximately 8:08 p.m. with
all those present now who were present at the time the public hearing was adjourned.
Mr. McCullough: Since Mr. Kozub is here for Item #4, I suggest we take this
item first.
This item is a request to have the topsoil bonds released
for Applications TA-60 and TA-70 by P. L. Kozub in connection
with topsoil removed from Gordon Begin Park Subdivision and the
Mar-Git Subdivision in the South half of Section 24. Engineering
has recommended the release of said bonds.
Mr. P. L. Kozub is present.
Mr. McCullough: As I stated earlier when the topsoil application was
approved, the Bureau of Inspection has recommended the re-
lease of these two bonds subject to any previleges of removal
under the other two permits being terminated at the time the
Planning Commission authorizes the release of the bonds.
pon a motion duly made by Mr. Peacock, supported by Mr. Watson and unanimously
dopted, it was
#2-24-61 RESOLVED, that pursuant to the report and recommendation of the
Bureau of Inspection dated January 27, 1961, the City Planning
Commission does herein authorize the release of the cash bond
in the amount of $1,500.00 and two Surety bonds issued by Great
American Insurance Company #8053817 in the amount of $7,500.00
and #8055585 in the amount of $7,500.00 and posted with the
City in connection with topsoil removal operations performed under
Permit No. 63 and Permit No. 70 (Applications TA-60 and
TA-70 respectively) issued to Paul L. Kozub, subject, however,
to any previleges of removal under Paid Permit Nos. 63 and 70
being terminated at this time; it appearing from the above
report that all ordinance provisions and rules and regulations
have been complied with; and the City Clerk is herein authorized
to do all things necessary to the full performance of this
resolution.
Mr. Walker: The motion is carried and the foregoing resolution is
adopted.
Mr. McCullough: The next item on the agenda is Petition Z-487 by G. W. Whitson
asking that the zoning classification on property located on
the North side of Plymouth Road approximately 800 ft. West
of Priscilla Lane in the Alden Village Subdivision in the
SW 1/4 of Section 28 be rezoned from C-1 to C-2. Public
Hearing 1/17/61, item taken under advisement.
Upon a motion duly made by Mr. Angevine, supported by Mr. Cameron, it was
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#2- -61 RESOLVED that, pursuant to a Public Hearing having been held on
Tuesday, January 17, 1961 on Petition Z-487 as submitted by
G. W. Whitson for a change of zoning in the Southwest 1/4 of
Section 28 from C-1 to C-2, the City Planning Commission does
hereby recommend to the City Council that Petition Z-487 be
granted, and
FURTHER RESOLVED, notice of the above hearing was published in the
official newspaper, The Livonian, under date of December 28, 196 !
and notice of which hearing was sent to The Detroit Edison Company,
Chesapeake & Ohio Railway Company, Michigan Bell Telephone Co. , The
Consumers Power Company, City Departments and petitioner as listed
in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Cameron and Angevine
NAYS: Peacock, Greene, Watson, Okerstrom and Walker
Mr. Walker: The motion was not carried, therefore the resolution is
not adopted.
Mr. McCullough: The next item on the agenda is Petition M-214 by The Ohio
Oil Company requesting permission to erect a gasoline
service station on the Northwest corner of Plymouth Road and
Wayne Road (if cut through) in the Southwest 1/4 of
Section 28. Public Hearing 1/10/61, item taken under advise-
ment; 123rd Regular Meeting, item taken under advisement.
Angevine: I suggest that this petition be removed from the agenda.
Mr. Okerstrom concurred with Mr. Angevine, stating that the zoning was not approved
therefore the present zoning is not correct for this particular use.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Watson, it was
#2-25-61 RESOLVED that, the City Planning Commission does hereby remove
Petition M-214 by the Ohio Oil Company requesting permission to
erect a gasoline service station on the Northwest corner of Plymouth
Roa rom e an �T
d aynae enRa
ead (if cut through) in the Southwest 1/4 of Section
2 Ty a eison that the zoning ordinance states that gas stations
are not allowed in C-1 Districts.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Cameron, Peacock, Greene, Watson, Okerstrom and Walker
NAYS: Angevine
Mr. Walker: The motion is carried and the foregoing resolution is adopted.
Mr. McCullough: The next item on the agenda is Petition Z-484 by D. R.
McCullough asking that the zoning classification on certain
properties located on the South side of Five Mile Road
between Brookfield and Farmington Roads in the Northwest 1/4
of Section 22 be rezoned from CC and C-2 to PS. Public
hearing 12/20/60, item taken under advisement; Special Meeting
1/10/61; Regular Meeting 1/17/61.
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It was determined that the City Council had asked that only those parcels west of
he City Hall be rezoned at this time. This had been discussed at the Liaison
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" ommittee meeting held by the City Council and the City Planning Commission
hursday, February 2, 1961. on
Upon a motion duly made by Mr. Peacock, supported by Mr. Angevine, it was
#2-26-61 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday,
December 20, 1960 on Petition Z-484 as submitted by D. R. McCullough
for a change of zoning in the Northwest 1/4 of Section 22 from CC and
C-2 to PS, the City Planning Commission does hereby recommend to the
City Council that Petition Z-484 be granted insofar as it relates to
parcels H1 (John Baze), Lots 315 and 316 (O'Neil) and Lots 323 and
324 (Wheelock), said properties to be rezoned from CC to PS.
The basic reason for the recommendation is that it is generally
desirable to locate professional offices in close proximity to the
• civic center complex, and
FURTHER RESOLVED, notice of the above hearing was published in the
official newspaper, The Livonian, under date of November 30, 1960
and notice of which hearing was sent to The Detroit Edison Company,
Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company,
The Consumers Power Company, City Departments and petitioner as
listed in the Proof of Service.
roll call vote on the foregoing resolution resulted in the following:
I:
AYES: Cameron, Peacock, Greene, Watson, Angevine, Okerstrom and
Walker
NAYS: None
Mr. Walker: The motion is carried and the foregoing resolution is
adopted.
Mr. McCullough: The next item on the agenda is Petition Z-486 by Woodbury
Building Company requesting change of zoning classification
on property located on the East side of Melvin approximately
300 ft. North of Schoolcraft Road in the Southeast 1/4 of
Section 23 from RUFB to R-1A. Public Hearing 1/17/61, item
taken under advisement.
Upon a motion duly made by Mr. Peacock, supported by Mr. Angevine and unanimously
adopted, it was
#2-27-61 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday,
January 17, 1961 on Petition Z-486 by Woodbury Building Company for a
change of zoning in the Southeast 1/4 of Section 23 from RUFB to R-lA,
the City Planning Commission does hereby recommend to the City Council
that Petition Z-486 be granted for the reason that the subject land
faces seven (7) lots of 60' x 120' size and is immediately south of
137 lots of the same size, and
FURTHER RESOLVED, notice of the above hearing was published in the
official newspaper, The Livonian, under date of December 28, 1960
and notice of which hearing was sent to The Detroit Edison Company,
.
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Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company,
The Consumers Power Company, City Departments and petitioner as
listed in the Proof of Service.
I:
Mr. Walker: The motion is carried and the foregoing resolution is adopted.
Mr. McCullough: The next item on the agenda is a request from the Livonia
Post Office to change the name of the street "Lawrence" in
the Kingsbury Heights Subdivision located in the Southwest
1/4 of Section 17.
It was determined that the reason for this request was that Lawrence in the Kingsbury
Heights Subdivision ran north/south whereas in the Southeast 1/4 of Section 32 it
ran east/west. It had been requested that one of these streets be renamed. Lawrence
in the Kingsbury Heights Subdivision was chosen for the reason that there was only
one house occupied at the present time in this subdivision on this particular street.
Mr. J. Comstock,occupant of home on Lawrence,was present.
After a brief discussion it was determined to rename Lawrence to read Comstock.
►, ,. .i a motion duly made by Mr. Okerstrom, supported by Mr. Peacock and unanimously
adopted, it was
#2-28-61 RESOLVED that, the City Planning Commission having considered the
request of the Livonia Post Office, and having revifwed the street
plan of the Kingsbury Heights Subdivision in the Southwest 1/4 of
Section 17, does hereby recommend to the City Council that"Lawrenc&
in said subdivision be changed in name to "Comstock" in order to
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provide a more consistent and convenient scheme of designation for
streets in said subdivision.
Mr. Walker: The motion is carried and the foregoing resolution is
adopted.
Mr. McCullough: The next item on the agenda is Petition Z-470 by D. R.
McCullough to determine whether or not to amend Section 4.45
of Article 4.00 (type of protective wall) of the Zoning
Ordinance. Public hearing 9/20/60, item taken under advise-
ment; Regular Meeting 1/17/61, item taken under advisement;
The type of wall in this amendment is of cinder block with
an 8" space at the bottom between the ground and the bottom
of the wall. I believe it has been determined by all that
this type of wall would not be advantageous. Because of
the disadvantages it will be necessary to deny this petition
and make another motion to hold a public hearing on the
type of wall that was examined by the commissioners at the
Price Brothers Company on Newburgh Road in Livonia.
Mr. Mac Rae of Price Brothers is here tonight with the
specifications of this new type of wall.
Mr. McCullough submitted these specifications to the commissioners.
lapon a motion duly made by Mr. Peacock, supported by Mr. Watson and unanimously
dopted, it was
#2-29-61 RESOLVED that, pursuant to a Public Hearing having been held on
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Tuesday, September 20, 1960 on Petition Z-470 as submitted by
D. R. McCullough, City Planner, to determine whether or not
to amend Section 4.45, Article 4.00 of the Zoning Ordinance No.
60 (type of protective wall proposed by Wayne Fence- Company
and described in specifications on file) , the City Planning
Commission does hereby recommend to the City Council that
Petition Z-470 be denied for the following reasons:
(1) that it is aesthetically unpleasant;
(2) that the space between the ground and the bottom of the
wall would not retain debris , which is one of the primary functions
of any protective wall.
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian, under date of August 29,
1960 and notice of which hearing was sent to The Detroit Edison
Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone
Company, The Consumers Power Company, City Departments and petitioner
as listed in the Proof of Service.
Mr. Walker: The motion is carried and the foregoing resolution is adopted.
Upon a motion duly made by Mr. Peacock, supported by Mr. Watson, it was
#2-30-61 RESOLVED that, the City Planning Commission pursuant to Section
20.01 of the Zoning Ordinance of the City of Livonia, does hereby
establish and order that a public hearing be held to determine
whether or not to amend Section 4.45 of Article 4.00 of the
I[: Zoning Ordinance No. 60 as follows:
By changing the type of protective wall required by the existing
provisions of the Zoning Ordinance. The proposed type of wall
is described in specifications dated February 7, 1961 and on
file and open to public inspection in the office of the City
Planning Commission at 13325 Farmington Road (Engineering Building)
Livonia, Michigan,
that a hearing will be held and that notice be given as provided
in Section 20.01 of the Zoning Ordinance, Ordinance No. 60 of the
City of Livonia and that there shall be a report and recommendation
submitted to the City Council.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Cameron, Peacock, Greene, Watson, Angevine, Okerstrom
and Walker
NAYS: None
Mr. Walker: The motion is carried and the foregoing resolution is
adopted.
Ir. McCullough: The next item on the agenda is a petition by the City
Planning Commission to determine whether or not Part V of
the Master Plan, the "Master School and Park Plan" should
be amended by deleting a proposed park site and designating
another in Section 2. Public hearing 1/17/67 , item taken
under advisement.
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We have received a letter from Mr. L. E. Schmidt, Super-
intendent of the Clarenceville Public Schools which states
that part of the proposed new park site designation is
included in the property that the Clarenceville School
District is attempting to purchase. Mr. Schmidt states
that a resolution was adopted at a meeting held on
February 11, 1960 of the intent to condemn this property
and that this resolution is still on the records of the
school district.
After a brief discussion it was decided that this item would be taken under further
advisement until this matter was further discussed with Mr. Girardin, Superintendent
of Parks and Recreation of Livonia.
Upon a motion duly made by Mr. Angevine, supported by Mr. Peacock, it was
#2-31+61 RESOLVED that, final plat of the Compton Village Subdivision in the
Southwest 1/4 of Section 24 be given final approval, and
FURTHER RESOLVED, inasmuch as it appears on the records that
tentative approval of said proposed plat was given by the City
Planning Commission June 21, 1960; and it further appearing that
said proposed plat together with the plans and specifications for
improvements therein have been approved by the Department of
Public Works under date of August 22, 1960; and it further appearing
that a surety bond in the amount of $12,600.00 and a cash bond in
the amount of $1,400.00 have been filed in the office of the City
Clerk under date of January 17, 1961; such bonds having been
approved by Mr. C. J. Pinto, Assistant City Attorney on January
19, 1961 it would therefore appear that all the conditions
necessary to the release of building permits have been met and
the Building Department is hereby so notified.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Cameron, Peacock, Greene, Watson, Angevine and Walker
NAYS: Okerstrom
Mr. Walker: The motion is carried and the foregoing resolution is adopted.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Angevine and unanimously
adopted, it was
#2-32-61 RESOLVED that, final plat of the Pembrent Subdivision in the
Southwest 1/4 of Section 1 be given final approval, and
FURTHER RESOLVED, inasmuch as it appears on the records that
tentative approval of said proposed plat was given by the City
Planning Commission on June 21, 1960; and it further appearing
that said proposed plat together with the plans and specifications
for improvements therein have been approved by the Department of
Public Works under date of July 27, 1960; and it further appearing
1[40 that a surety bond in the amount of $3,200.00 and a cash bond in
the amount of $350.00 to cover the installation of improvements
have been filed in the office of the City Clerk under date of
January 16, 1961; such bonds having been approved by Mr. C. J.
Pinto, Assistant City Attorney on January 20, 1961 it would
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therefore appear that all the conditions necessary to the release
of building permits have been met and the Building Department is
hereby so notified.
11[:
Mr. Walker: The motion is carried and the foregoing resolution is
adopted.
Mr. McCullough: The next item on the agenda is revised plans of the Golfview
Meadows Subdivision located in the Northwest 1/4 of Section
16 and the Northeast 1/4 of Section 17. The developer has
increased the frontage of the lots to the extent that they
are all 80' or larger.
Mr. Okerstrom: I would like to suggest that we hold action on this until
the Plat Committee can examine the new plat and submit
their report.
Mr. Walker: This item will be taken under advisement for said report.
Mr. McCullough: The next item on the agenda is a motion to hold a public
hearing to determine whether or not to amend Section 20.01
of Article 20.00 of the Zoning Ordinance No. 60 whereby
a seven day notice of the public hearing shall be given
to all persons cv'ing prorerty abutting or adjoining the
premises in question in the zoning petitions. This would
not be required in connection with petitions initiated by
the City Council or the City Planning Commission on its
own motion.
I believe •his was suggested once before but it was thought
at that time that it would entail too much money in order to
do this.
Mr. Walker: I would like to suggest that this item be taken under advise-
ment until such time that I have been able to discuss this
with the Finance Committee of the City Council.
Upon a motion duly made by Mr. Peacock, supported by Mr. Angevine and unanimously
adopted, it was
#2-33-61 RESOLVED that, the City Planning Commission does hereby approve
the minutes for meetings held on January 10th and January 17th,
1961 except for that member who was not present, he abstain from
voting.
Mr. Walker: The motion is carried and the foregoing resolution is
adopted.
Mr. Angevine: I would like to suggest that we hold a study meeting next
Tuesday, on February 14, 1961 in order to discuss the
revision of the Zoning Ordinance book.
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1 Mr. Walker asked ' the secretary to notify the members of the Commission by mail
as to the meeting suggested by Mr. Angevine.
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At this time it was determined that earlier in the evening when a motion had been
Ellmade to approve Petition Z-487 requesting a rezoning for certain property from C-1
to C-2, this motion had not been carried, consequently the resolution was not
adopted. Mr. Angevine stated that a counter motion of denial should have been made
at this time in order to dispose of the petition, that this is the regular procedure.
Mr. Walker asked Mr. Pinto if this was correct. Mr. Pinto concurred with Mr. Angevine
stating that when one motion is not carried a counter motion should be made.
Upon a motion duly made by Mr. Watson, supported by Mr. Peacock, it was
#2-34-61 RESOLVED that, after careful consideration of the comments, ob-
servations and objections offered at the public hearing on
Tuesday, January 17, 1961 on Petition Z-487 and based also on
a personal acquaintanceship with the subject property and the
surrounding portion of the community, the City Planning Commission
does hereby recommend that Petition Z-487 submitted by G. W. Whitson
for a change of zoning on the north side of Plymouth Road (approxi-
mately 800 ft. west of Priscilla Lane) in the Southwest 1/4 of
Section 28 from C-1 to C-2 be denied for the following reasons:
(1) That the requested zoning would be inconsistent with the Master
Plan, the Comprehensive Zoning Plan and the existing zoning of
adjacent properties; and
(2) That the existing zoning classification permits sufficient
business uses to be located on petitioner's property any of which
I: would be consistent with existing uses adjacent to such property;
(3) That the requested zoning would permit certain uses to be
located on the subject property of a unique traffic generating
nature and this considering also the peculiar and awkwardly
situated intersection at Wayne and Plymouth Roads would be
very likely to cause a condition detrimental to the public
health and safety.
FURTHER RESOLVED, notice of the above hearing was published in the
official newspaper, The Livonian, under date of December 28, 1960
and notice of which hearing was sent to The Detroit Edison Company,
Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company,
The Consumers Power Company, City Departments and petitioner as
listed in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Cameron, Peacock, Greene, Watson, Okerstrom and Walker
NAYS: Angevine
Mr. Walker: The motion is carried and the foregoing resolution is adopted.
Upon a motion duly made by Mr. Greene, supported by Mr. Peacock and unanimously
adopted, the 126th Special Meeting was duly adjourned at approximately 8:55 p.m.
ID on Tuesday, February 7, 1961.
CITY PLANNING COMMISSION
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/ATTESTED: / GGA / (J, 4 `
Charles W. Walker, Chairman W. E. Okerstrom, Secretary
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