HomeMy WebLinkAboutCOUNCIL MINUTES 1963-09-23 Page 6234
MINUTES OF THE ADJOURNED FOUR HUNDRED TWENTY-SECOND REGULAR
MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On September 23, 1963, the above meeting was held at the City Hall, 33001
Five Mile Road, Livonia, Michigan, and was called to order by the President of the
Council at approximately 8:12 P. M. Councilman McNamara delivered the invocation.
Roll was called with the following result: Present-- *Sydney B. Bagnall, John T.
Daugherty, Rudolf R. Kleinert and Edward H. McNamara. Absent-- *James R. McCann,
**William E. Parks and ***John F. Dooley.
Elected and appointed officials present: Marie W. Clark, City Clerk;
Juanita Hillas, Deputy City Clerk; Alan Walt, City Attorney; Milton I. Firestone,
Assistant City Attorney; David L. Jones, Water and Sewer Commissioner; Robert A.
Shaw, Director of Public Works; Gerald Berns, Department of Assessment; Daniel R.
Andrew, Industrial Coordinator; Thomas J. Griffiths, Jr., Chief Accountant; William
J. Strasser, Chief City Engineer; Addison W. i3acon, Director of Public Safety; and
David R. McCullough, City Planner.
By Councilman McNamara, seconded by Councilman Kleinert and unanimously
adopted, it was
#723-63 RESOLVED that, having considered the report and recommendation
dated September 20, 1963, from the City Planning Commission in connection
with Petition Z-607, submitted by Samuel Elias for change of zoning in the
Southwest 1/4 of Section 26 from M-1 to C-2, the Council does hereby concur
with the recommendation of the Planning Commission and the said Petition
Z-607 is hereby approved and granted; and the City Planner is instructed
to cause the necessary map for publication to be prepared indicating the
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.
*Councilman James R. McCann arrived at 8:15 P. M.
A report dated September 11, 1963, was submitted by the Legislative Committee,
and was received and placed on file for the information of the Council.
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
Page 6235
#724-63 RESOLVED that, having considered the report and recommendation
dated September 11, 1963, of the Legislative Committee regarding possibilities
of underground wiring installations for all utilities in new subdivisions,
referred by resolution #135-63, the Council does hereby refer such matter
to the Department of Law for preparation of an ordinance, for submission
to the Council in accordance with the subject matter hereof.
**Councilman William E. }arks arrived at 8:17 P. M.
By Councilman McCann, seconded by C ouncilman Daugherty and unanimously
adopted, it was
#725-63 RESOLVED that, having considered the report and recommendation
dated September 11, 1963, of the Legislative Committee, concerning Petition
Z-590, and the recommendation of the Planning Commission, dated June 11,
1963, in connection therewith, for an amendment of Article 10.00 of the
Zoning Ordinance, (referred by resolution #494-63),), and it appearing that
such amendment has been made a part of the revised zoning ordinance proposal,
the Council does hereby concur in the recommendation of the committee that
no further action be taken by the Council at this time, and acknowledges
receipt of such report.
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
#726-63 RESOLVED that, having considered the report and recommendation
dated September 11, 1963, of the Legislative Committee, regarding the
request of The Detroit Edison Company, dated June 5, 1963, for an amend-
ment to the Building Code to require written reports from public utility
companies prior to issuance of a wrecking permit stating that such opera-
tions will not create hazards to utility installations, referred by
resolution #501-63, the Council does hereby concur with the recommendation
of the Legislative Committee and acknowledges receipt of this report, and
takes this means of advising The Detroit Edison Company that there is
presently under consideration a revised Building Code Ordinance which will
accommodate the request, and this matter may then be considered finalized
upon completion of the revised Building Code Ordinance; and the City Clerk
is hereby requested to forward a copy of this resolution to The Detroit
Edison Company, Park street at Washington, P. 0. Box 391, Wayne, Michigan,
to the attention of Mr. George W. Matthews, Manager, Wayne Sales.
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
#727-63 RESOLVED that, having considered the report and recommendation
dated September 11, 1963, of the Legislative Committee concerning permit
of coin-operated billiard tables business in the City of Livonia, (referred
by resolution #531 -63), the Council does hereby refer the same to the
Department of Law for preparation of an ordinance, for submission to the
Council, establishing and limiting such business to establishments
frequented by persons over 21 years of age.
Page 6236
Councilman McCann introduced the following Ordinance:
AN ORDINANCE REGULATING CONSTRUCTION, INiPR(VdiENTS,
ALTERATIONS, R.ErAIRS, OPERATIONS, EXCAVAT'ICNS AND WORK
IN PUBLIC STREETS, ALLEYS AND THOROUGHFARES; PROVIDING
FOR THE ISSUANCE OF PERMITS AND THE ADOPTION OF REGU-
LATIONS; AND PROVIDING A PENALTY FOR THE VIOLATION
THEREOF.
The foregoing Ordinance is filed in the Journal of Ordinances, Volume No. 8,
in the office of the City Clerk and is the same as if it were word for word repeated
herein.
The foregoing Ordinance was placed on the table for consideration at the next regular
meeting.
Councilman Parks w.,s excused at 8:30 P.M., and returned at 8:33 P.M.
Councilman McCann introduced the following Ordinance:
AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT,
ALTERATION, REPAin, MOVING, DEMOLITION, CONVERSION, OCCUPANCY,
EQUIPMENT, HEIGHT, AREA, LOCATION AND MAINTENANCE CF ALL BUILDINGS
AND STRUCTURES IN THE CITY OF LIVONIA; AND PROVIDING FOR J SUANCE
OF PERMITS, COLLECTION OF FEES, MAKING (F RULES AND ESTABLISH-
ING OF FIRE LIMITS; PROVIDING FOR THE REPEAL OF PRIOR ORDINANCES;
AND PR( VIDING F ENALT IES FOR VIOLAT ION HEREOF.
The foregoing Ordinance is filed in the Journal of Ordinances, Volume No. 8,
in the office of the City Clerk and is the same as if it were word for word repeated
herein.
The foregoing Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
A report dated September 18, 1963, was submitted by the Finance and Insurance
Committee, and received and placed on file for the information of the Louncil.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#728-63 RESOLVED that,having considered the report and recommendation
dated September 18, 1963, of t he Finance and Insurance Committee, referred
by resolution #705-63, the Council concurs in the recommendation of such
Page 6237
committee and takes no action with regard to the request for additional
funds for the Bureau of Inspection, Travel and Education Account; further,
the Council does hereby request the Chief Accountant to report to the
Council as to how such deficits occur in Travel and Education Accounts
and his recommendation as to preventive methods which may be and will be
taken in the future.
By Councilman Daugherty, seconded by Councilman McNamara and unanimously
adopted, it was
#729-63 RESOLVED that, having considered the report and recommendation
dated September 18, 1963, of the Finance and Insurance Committee (referred
by resolution #617-63), the Council does hereby refer the proposed contract
for auditing services to the Department of Law for review and clarification
in accordance with the letter dated October 3, 1962, from Lybrand, Ross
Bros. & Montgomery, and after revision, to resubmit the same to the Council
for its approval at its earliest possible convenience.
** Councilman John F. Dooley arrived at 8:28 P. M.
By Councilman Daugherty, seconded by Councilman McNamara and unanimously
adopted, it was
#730-63 RESOLVED that, having considered the report and recommendation
dated September 18, 1963, of the Finance and Insurance Committee (referred
by resolution #658-63), concerning proposed lighting of Henry Ford
Centennial Park fields, the Council does hereby request consideration of
this expenditure in the 1963-64 Budget or upon receipt of possible additional
revenues, whichever is sooner.
By Councilman Daugherty, seconded by Councilman McNamara, it was
#731-63 RESOLVED that, having considered the report and recommendation
of the Department of Public Works previously requested by the Council in
resolution #437-63, and the report and recommendation dated September 18,
1963, of the Finance and Insurance Committee (referred by resolution
#697-63), the Council does hereby concur in the recommendations of the
Department of Public Works, subject to the following revisions:
(1) Paragraph 3 of page 9, relating to inspection, is revised to read:
"Inspection: To make a general inspection at the Nursery. The
specific trees will be selected and marked by a representative of
the City prior to purchasing, and we will reserve the right to
refuse any tree upon delivery if our specifications are not met."
(2) Paragraph 6 of Page 9 is revised to read as follows:
"Guarantee: That the City will guarantee a tree for fourteen (14)
months if planted in the Spring, or eighteen (18) months if
planted in the Fall; that any number of replacements will be
made until a tree has attained this longevity. The City will
guarantee one replacement after this longevity, up to a period
of no longer than three (3) years including the fourteen (14) or
Page 6238
eighteen (18) months and that the replacement after the fourteen (14)
or eighteen (18) months will not be guaranteed. Hereafter the
responsibility of any replacement becomes that of the property owner."
and further, paragraph 7 of page 9 is eliminated and the following is
inserted in its place and stead:
"That approval be given to authorize the hiring of two (2) additional
Tree Trimmers and one (1) additional laborer for the Forestry Department."
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McNamara, McCann, Daugherty and Kleinert.
NAYS: Parks and Bagnall.
The President declared the resolution adopted.
*The President relinquished the chair to the Vice President at 8:50 P. M.,
and was excused. The Vice President presided for the balance of the meeting.
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
#732-63 RESOLVED that, having considered the letter dated August 29, 1963,
from the Michigan State Highway Department, submitted in reply to resolution
#595-63, concerning the improvement of M-11i in the City of Livonia, Michigan,
the Council takes this means to request Mr. E. A. Bellenbaum, Chief Planning
Engineer, Office of Planning, Michigan State Highway Department, to meet with
the Council at his earliest convenience; and the City Clerk is hereby requested
to transmit a copy of this resolution to Mr. Bellenbaum, Michigan State High-
way Department, Stevens T. Mason Building, Lansing 26, Michigan.
By Councilman Kleinert, seconded by Councilman Dooley and unanimously
adopted, it was
#733-63 RESOLVED that, having considered the report and recommendation
dated September 18, 1963, from the Budget Director and the report dated
September 16, 1963, from the Department of Law in connection therewith,
the Council does hereby amend its resolution #671-632 to insert the words
"General Fund" in lieu of the words " Unallocated Fund."
By Councilman Dooley, seconded by Councilman Parks, it was
#734-63 RE.XLVED that, having considered the request for payment, dated
September 6, 1963, from the Wayne County Drain Commissioner, concerning
Bakewell Drain Extension, as authorized by resolution #810-62, and having
considered the report dated September 17, 1963, of the Chief City Engineer,
in connection therewith, approved by the Director of Public 4orks, and it
appearing that constructioh is complete and that there is a balance due
from the City of $1,257.71, in accordance with resolution #L10-62, the
Council does hereby authorize transfer of $1,257.71 from the Unallocated
Page 6239
Fund of the Budget to Account No. 260-21 of the Budget (Bakewell Drain Ex-
tension Account), and further, the Council does hereby authorize payment
of said sum to the Wayne County Drain Commissioner made payable to the
Treasurer of the Bakewell Drainage Board; and the City Clerk and City
Treasurer are herein authorized to do all things necessary or incidental
to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty, Parks and Kleinert.
NAYS: McNamara.
The Vice President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman McCann, it w as
#735-63 RLSOLVED that, having considered the communication dated Septem-
ber 8, 1963, from the Director of Public Safety concerning a proposed
amendment to Ordinance No. 220, the Council does hereby refer the s am to
the Department of Law for preparation of such amendment in accordance with
recommendation (a) contained in said report.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty, Kleinert and McNamara.
NAYS: Parks.
The Vice President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Kleinert and unanimously
adopted, it was
#736-63 RESOLVED that, having considered the undated letter from Mrs.
Delphine Scherer, 28732 Minton, Livonia, Michigan, concerning uncut weeds
and grass on vacant lots, the City Council does hereby refer the same to
the Chief Building Inspector for his report and recommendation.
By Councilman Parks, seconded by Councilman Kleinert, it was
#737-63 RESOLVED that, having considered the letter dated September 4$
1963, from Mr. Edward Potts, concerning operation of gasoline service
station at 28 .34 Joy Road in the City of Livonia, the Council does hereby
refer the same to the Department of Law for its opinion and interpretation
of the Zoning Ordinance with respect to the servicing and/or storage of
trucks as applied to Mr. Potts' station at the above referred to location.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Parks, Kleinert and McNamara.
NAYS: *Daugherty.
*Councilman Daugherty stated: I am voting NO on the basis that harrassment by City
Page 6240
government against an individual business man in the City of Livonia by a legal
interpretation applied to his individual use, rather than a policy that should apply
to all uses for an ordinance written to cover all such similar uses, amounts to a
discriminatory harrassment hardly fair to one individual business man, and all
similar business men within the City of Livonia.
The Vice President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Parks and unanimously
adopted, it was
#738-63 RESOLVED that, the communication dated September 3, 1963, from
the Civil Service Commission regarding the longevity program, is hereby
referred to the Finance Committee for its report and r °commendation.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#739-63 RESOLVED that, having considered the report and recommendation
dated August 15, 1963, from the City Planning Commission in connection
with Petition No. V-74, submitted by John Pakkala on behalf of several
property owners, requesting the vacating of that portion of Pembroke Avenue
between Doris and Melvin Streets in the Northeast 1/4 of Section 2, the
Council does hereby concur with the recommendation of the City Planning
Commission and the said Petition No. V-74 is hereby denied for the follow-
ing reasons:
(1) that Pembroke is a half mile road and may some day be the
most direct route to the elementary and high schools servicing
this area; and
(2) that the area is as yet unsewered and this right-of-way may
be needed for this purpose.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#740-63 RESOLVED that, having considered the report and recommendation
dated August 15, 1963, from the City Planning Commission in regard to
Petition No. Z-601, as submitted by A. B. Slapinskas and A. T. Zadeh, M.D.,
for change of zoning in the Northeast 1/4 of Section 13 from R-1-B to PS,
the Council does hereby concur with the recommendation of the Planning
Commission and the said Petition No. Z-601 is hereby approved and granted;
and the City Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the 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 renuested to prepare an ordinance amending
Ordinance No. 60 in accordance with this resolution.
Page 6241
By Councilman McCann, seconded by Councilman Parks and unanimously
adopted, it was
#741-63 RESOLVED that, having considered the report and recommendation
dated August 27, 1963, from the City Planning Commission in regard to
Petition No. Z-6o3, as submitted by Peter Romanow for change of zoning in
the Southeast 1/4 of Section 20 from RM to RUFB, the Council does hereby
concur with the recommendation of the Planning Commission and the said
Petition No.Z-603 is hereby approved and granted; and the City Planner is
hereby instructed to cause the necessary map for publication to be prepared
indicating the 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.
By Councilman Dooley, seconded by Councilman Kleinert and unanimously
adopted, it was
#742-63 RESOLVED that, having considered a communication dated Septem-
ber 5, 1963,from Mr. Wallace McGhee, 11051 Stark Road, Livonia, Michigan,
concerning installation of fence and contribution therefor, the Council does
hereby refer the same to the Department of Law for its opinion as to wnether
or not certain portions of the Wayne County Ordinance are exempted from the
City ordinances concerning fences, and most particularly whether or rmt the
City of Livonia has an ordinance requiring abutting property (wi ers to
contribute toward the construction of a property line fence or to build or
cause to be built the property line fence or any portion thereof, and if so,
what is the ordinance.
By Councilman Dooley, seconded by Councilman McCann, it was
#713-63 RESOLVED that, having considered the communication dated Septem-
ber 10, 1963, from the Civil Service Commission, and the Council having
heretofore concurred in the establishment of the classification of Co-op
Trainee by its resolution t#514-63, the Council does hereby concur with
the recommendation relative to amendment of the Compensation Plan.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty, Parks, Kleinert and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Parks, it was
#744-63 RESOLVED that, having considered a verbal request from Sam
Lederman concerning Council resolution ##651-63, and the report andrecom-
mendation dated September 18, 1953, of the Department of Law, the Council
does hereby amend said resolution by:
1) changing subparagraph 4 to provide: "That Mr. Lederman shall
indicate his agreement with the terms, conditions and understanding
Page 624.2
provided her- in, as amended, by letter, within ten (10) days of
mailing notice of this resolution, as amended; upon failure to do
so, the resolution shall be void;"
2) adding the words "An addition to the sum heretofore provided
under a payback agreement pursuant to Council resolution #351-56"
after the figuren$1,700.00" in the last paragraph;
these amendments being made to clarify the action taken by the L'ouncil in
accordance with its intent expressly stated in resolution #651-63; and
the Council hereby requests the City Clerk to mail a copy of this resolu-
tion and resolution #651-63, to Mr. Lederman.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Parks, Kleinert and McNamara.
NAYS: Daugherty.
The Vice President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Kleinert, it was
#74.5-63 RESOLVED that,having considered the report and recommendation
dated September 4, 1963, from the Superintendent of Operations Division,
approved by the Director of Public Works, the Council does hereby accept
the bid of American Playground Device Company, Anderson, Indiana, for
supplying the City with one (1) Fireman Slide for a price of 4294. 01
such having been in fact the lowest bid received for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty, Parks, Kleinert and McNamara.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Dooley, it was
#74.6-63 RESOLVED that, having considered the report and recommendation
dated September 11, 1963, from the Chief City Engineer, approved by the
Director of Public Works, concerning Doris Avenue Sanitary Sewer Project
Pumping Station Materials, and resolution #582-63, adopted on July 24, 1963,
and it appearing to the Council that:
a) the specifications for the pumping equipment in said project
resulting in the Council's acceptance of the bid of the Industrial
Pump Company are unacceptable to and will not be approved by the
Michigan Department of Health;
b) the only pumping equipment that said Health Depart.aent will
approve other than a vertical centrifugal type of pump which would
prove too costly for the project, is a system of pumps,control panel
and submersible float switches as authorized in said report; and
Page 623
c) the only available source of said acceptable equipment specified
by said Health Department is DuBois-Cooper Associates, Inc., at a
price of : 2,560.00 for pumps and motors and B/W Controller Corporation
at a price of $926.00 for control panel;
therefore, the Council does hereby;
1) rescind its resolution #582-63, adopted July 24, 1963, to the
extent that it resinds its action in accepting the bid of the
Industrial Pump Company, 21145 West Seven Mile hoed, Detroit 19,
Michigan, for supl_lying the City with its pumping equipment;
2) requests the City Clerk to return the bid deposit of the In-
dustrial Pump Company and in consideration thereof to obtain from
the Industrial Pump Company an acknowledgment that the parties have
reached a full and complete accord and satisfaction and that the
rights of the parties are terminated therein;
3) determine that there are only the sources indicated above for the
pumps, motors and control panel and accordingly accept the quotations
of DuBois-Cooper Associates, Inc., 10600 Puritan Avenue, Detroit 26,
Michigan, and B,f'PJ Controller Corporation, 2200 East Maple Road,
Birmingham, Michigan, in the amounts of 2,560.00 and $926.00,
respectively, for supplying the City with pumping equipment as in-
dicated above, which is necessary for installing the Doris Avenue
Sanitary Sewer Project; and
4) take this means to indicate its intention that the Doris Avenue
Sanitary Sewer Project is of a temporary nature only and can be
eliminated at such time as the Seven Mile Road trunk sewer is extended
westerly, such extension being programed to be constructed within
approximately one year.
A roll call vote w;as taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty, Parks, Kleinert and McNamara.
NAYS: None.
By Councilman Dooley, seconded by Councilman Kleinert, it was
#747-63 RESOLVED that, the Council does hereby approve the proposed
agreement between the City of Livonia and the Board of County Road Com-
missioners of the County of Wayne, Michigan, providing for the construction
and maintenance of a gravel "U" turn facility on Lyndon Avenue west of
Farmington Road in the City of Livonia, Wayne County, Michigan, said agree-
ment being transmitted September 17, 1963, from Russell E. Harrison,
Engineer of Traffic and Safety for the Wayne County R oad Commission, pur-
suant to resolution #602-63, adopted August 7, 1963, and hereby authorizes
the Mayor and City Clerk to affix their signatures to such agreement for
and on behalf of the City of Livonia and to do all things necessary or
incidental to the full performance of this resolution; and the City Clerk
is requested to transmit three copies of this agreement together with a
cony of this resolution to the said Board, a copy of said agreement is
attached hereto and made a part hereof.
Page 6244
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty, Parks, Kleinert and McNamara.
NAYS: None,
By Councilman Dooley, seconded by Councilman Daugherty, itwas
#748-63 RESOLVED that, the proposed agreement hetween the City and
General Motors Corporation regarding an easement for the s ewer in Section
35, is hereby referred to the Chief City Engineer for report and recom-
mendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty and McNamara.
NAYS: Parks and Kleinert.
The Vice President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
#749-63 RESOLVED that, having considered the communication dated Septem-
ber 18, 1963, from the Department of Law, submitting a form of agreement
between the City of Livonia and John E. Hiltz and Associates, Inc., con-
sulting engineers, a Michigan Corporation, Detroit, Michigan, covering
their services as consulting engineers on the proposed Schoolcraft-Stark
°anitary Sewer Extension, pursuant to resolution #608-63, adopted August 7,
1963, the Council does hereby approve the same and authorizes the Mayor and
City Clerk to execute such agreement for and on behalf of the City and to
do all things necessary or incidental to the full performance of this
resolution and further, all prior resolutions are amended to the extent
that they are not in conformance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty, Parks, Kleinert and McNamara.
NAYS: None.
By Councilman Parks, seconded by Councilman Kleinert, it was
#750-63 RESOLVED that, having considered the letter dated September 18,
1963, from the Budget Director, and the verbal report of the City Clerk,
the Council does hereby advance the sum of $38,849.50 from the Sewer Division
Contract Payment Reserve Fund to the City of Livonia Construction Account
for Federal Project APW-109-G, for the purpose of making the proper payments
to the contractor, Luigi DIAgostini & Sons, under the provisions of the
contract entered into between said firm and the City of Livonia, dated
July 1, 1963, for the Newburgh Road sanitary Sewer Extension to Section 7,
City of Livonia; further, that s aid monies which are payable from the
Federa4 government's share of this work when received by the City, will
be returned to the Sewer Division Contract Payment Reserve Fund, and
Page 62 .5
further, the authority of the Council to advance this money is clearly
set forth in rection 10.2 of Ordinance No. 224, as amended.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty, Parks, Kleinert and McNamara.
NAYS: None.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#751-63 RESOLVED that, the Accounting Department, the Legal Department
and the Budget Director are requested to submit to the City Council,
accounting and legal certification on approval of the procedure relating
to previcis resolution #750-63, financing of the Newburgh Sanitary Sewer
Project.
Councilman Kleinert introduced the following Ordinance:
AN ORDINANCE AMENDING S ECl IONS 2 AND 12 OF THE ZONING MAP
0G' THE CCI'Y OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE
ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE
CITY CP' LIVONIA, BY ADDING THERETO SECTIONS 3.362 AND 3.363.
THE CITY OF LIVONIA ORDAINS:
Section 1. The reports and r ecommendations of the City Planning Commission
dated July 30, 1963, on Petitions numbered Z-593 and Z-595, having been considered by
the Council, the Council hereby adopts said petitions to amend the Zoning Ordinance and
the Zoning Map of the City of Livonia, and all proceedings heretofore conducted on said
petitions 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 sections:
Section 3.362. Petition No. Z-593, initiated by the City Planning
Commission on its own motion, is hereby granted and the zoning classifi-
cation of the premises hereinafter described is hereby changed from R-1-A
to R-L-A, as requested in said petition:
The East 35 acres of the W. 1/2 of the ''outhwest 1/4 of
Section 2, T. 1 S., R. E., City of Livonia, Wayne County,
Michigan, more particularly described as follows:
Beginning at a point on the South line of Section 2, T. 1 S.,
R. 9 E., concident with the center line of seven Mile Road,
distant N. 89° 58' 10" E. 742.50 feet from the S. W. 1/4
corner of said section, and proceeding thence N. 00 00' 40"
E. 2649.27 feet; thence along the E. and W. 1/4 line of Section
2, N. 89° 53' 140" E. 576.37 feet; thence S. 00 05' 30" W.
2650.03 feet; thence along the South line of Section 2, T. 1 S.,
R. 9 E., City of Livonia, Wayne County, Michigan, coindident
Page 6246
with the center line of Seven Mile Road, S. 890 58' 10" W.
572.64 feet to the point of beginning; containing 34.94
acres and subject to the rights of the public in Seven
M i le Road;
and the Southwest 1/4 of Section 2 of the Zoning Map is hereby amended
to conform to the change made in this section.
Section 3.363. Petition No. Z-595, submitted by Bruce F. MacDonald,
Agent for Alfred J. MacDonald, is hereby granted and the zoning clas3ifi-
cation of the premises hereinafter described is hereby changed from RU to
R-1-A as requested in said petition:
Parcel 12B26a2 - The East 130 feet of the Northwest 1/4 of the
Southeast 1/4 of the Northenst 1/4 of the Northwest 1/4 of
Section 12, T. 1 S., R. 9 E., City of Livonia, Wayne County,
Michigan, except the E-1st 30 feet thereof and also except the
South 30 feet thereof and also except the North -WI feet thereof;
and the Northwest 1/4 of Section 12 of the Zoning Map is hereby amended
to conform to the change made in this section.
Section 3. The attached map designated "Amendment No. 116 of the Toning
Map of the City of Livonia," showing all of the amendments and changes made in the
foregoifig 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 Parks, seconded by Councilman Dooley, it was
#752-63 RESOLVED that, having considered the report and recommendation
dated September 18, 1963, from the Department of Law, the Council does
hereby amend its resolution #363-63, adopted May 15, 1963, by deleting
the words "The Navy will assume the cost for all utilities including
telephone during the period of occupancy" and in lieu thereof, insert the
words "the Navy will assume the costs of any and all utilities including
telephone during the period of occupancy, to the extent to which they are
used by the Navy, provided, however, that any costs of installation of
utilities for the Navy's use will be assumed by the Navy"; and the City
Clerk is hereby requested to forward a copy of this resolution to the
U. S. Navy Recruiting Station, Room 413, Federal Building, Fort and Shelby
Page 6247
Streets, Detroit 26, Michigan, to the attention of W. F. Lobdell, LCDR,
USNR, Asst. Officer in Charge.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty, larks, Kleinert and McNamara.
NAYS: None.
On motion of Councilman Kleinert, seconded by Councilman Parks and
unanimously adopted, this adjourned 422nd regular meeting of the Council of the
City of Livonia was duly adjourned at 10:12 P. M., September 23, 1963.
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Marie W. Clark, City Clerk