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HomeMy WebLinkAboutCOUNCIL MINUTES 1963-11-13 Page 6312 MINUMS OF THE FOUR HUNDRED THIRTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 13, 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 Kleinert delivered the invocation. Roll was called with the following result: Present-- Edward H. McNamara, John T. Daugherty, Rudolf R. Kleinert and John F. Dooley. Absent-- *Sydney B. Bagnall, William E. Parks and James R. McCann. Elected and appointed officials present: Marie W. Clark, City Clerk; Juanita Hillas, Deputy City Clerk; Alan wait, City Attorney; Milton I. Firestone, Assistant City Attorney; Robert A. Shaw, Director of Public works; William J. Strasser, Chief City Engineer; David R. McCullough, City Planner; Daniel R. Andrew, Industrial Coordinator; Milton R. Holley, City Assessor; Leonard Newlon,Traffic Commission; Victor C. Phillips, Budget Director; and Addison W. Bacon, Director of Public Safety. By Councilman Kleinert, seconded by Councilman Dooley and unanimously adopted, it was #870-63 RESOLVED that, the minutes of the 429th regular meeting of the Council of the City of Livonia held November 6, 1963, are hereby approved. The letter dated November 13, 1963, from the City Attorney, submitted pursuant to resolution #856-63, regarding assignments in the Legal Department, was received and placed on file for the information of the Council. By Councilman Kleinert, seconded by Councilman Dooley, it was #871-63 RESOLVED that, having considered the request of the City Treasurer, dated November 13, 1963, the Council does hereby transfer the sum of $150.00 from Account No. 141-25 to Account No, 141-29. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, Daugherty and. McNamara. NAYS: None. Page 6313 By Councilman Daugherty, seconded by Councilman Kleinert, it was #872-63 RESOLVED that, having considered the request dated October 18, 1963, from the Chairman of the Commission on Children and Youth, approved by the Mayor, concerning the Commission's salary and wage account, the Council does hereby transfer the sum of $816.814 from the Unallocated Fund to the Salary and Wage Account of the Commi$ ion on Children and Youth. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, Daugherty and McNamara. NAYS: None. The letter dated November 12, 1963, from the City Assessor, submitted pursuant to resolution #860-63, was received and placed on file for the information of the Council. By Councilman Kleinert, seconded by Councilman Daugherty, it was #873-63 RESOLVED that, having considered the report and recommendation dated October 31, 1963, from the Chief City Engineer, approved by the Director of Public works, regarding Advance Planning Funds Applications made pursuant to Council resolutions #216-63, 1256-63, and #257-63, the Council does hereby rescind the aforesaid resolutions for the reason that the Council has since adopted a Master Sanitary Sewer Program and has arranged for the financing of the program; and the City Clerk is hereby requested to notify the Housing and Home Finance Agency, 360 North Michigan Avenue, Chicago 1, Illinois, by transmission of a certified copy of this resolution to said agency. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, Daugherty and McNamara. NAYS: None. The letter dated October 31, 1963, from the Civil Service Commission, sub- mitted pursuant to resolution #461-63, regarding salary grades for Chief Building Inspector and Assistant City Assessor, wns received and filed. By Councilman Daugherty, seconded by Councilman Dooley and unanimously adopted, it was #871-63 RESOLVED that, having considered the communication dated October 18, 1963, from Charles W. Flager, 29516 Puritan Avenue, Livonia, Michigan, concerning the position of refrigeration inspector, the Council does hereby refer the same to the Committee of the Whole for consideration with the ensuing budget. page 6314 By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #875-63 RESOLJED that, having considered a communication dated October 23, 1963, from Joseph T. Siprak, concerning discharge of special police officer, the Council does hereby refer the same to the Department of Law in con- nection with resolution #598-63, and hereby requests the Department of Law to submit its comments and opinions for the study meeting of November 20, 1963, for consideration at the ensuing regular meeting. By- Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #876-63 RESOLVED that, having considered the report and recommendation dated July 30, 1963, from the City Planning Commission as amended by their report and recommendation dated November 1, 1963, in connection with Petition Z-598, submitted by Albert Newman for change of zoning in the Northwest 1/4 of Section 31 from R-1-B to RUB, the Council does hereby concur with the recommendations of the Planning Commission and the said Petition Z-598 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; and further, the Council does hereby rescind its resolution #648-63, to accomplish the corrections herein contained. 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 3.365 (Petition Z-601), introduced by Councilman McNamara on November 6, 1963, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, Daugherty, Dooley and McNamara. NAYS: None. The Vice President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 20 of the Zoning Map of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of him the City of Livonia, by Adding Thereto Section 3.366 (Petition Z-603), introduced on Page 6315 November 6, 1963, by Councilman McCann, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, Dooley, Daugherty and McNamara. NAYS: N ore . The Vice President declared the foregoing Ordinance duly adopted and would become; effective on publication. An Ordinance Amending Section 33 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 3.367 (Petition 1-611), introduced on November 6, 1963, by Councilman Daugherty, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, Dooley, Daugherty and McNamara. NAYS: None. The Vice President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Kleinert, seconded by Councilman Dooley and unanimously adopted, it was #877-63 RESOLVED that, having considered the communication dated Novem- ber 1, 1963, from the Chief City Engineer, approved by the Director of Public 04orks, and before determining to install concrete paving on the unpaved portion of the North 1/2 of Lyndon Avenue between Berwick and Merriman Roads, located in the Northeast 1/L of Section 22 in the City of Livonia, Wayne County, Michigan, the cost of which is to be defrayed by special assessment, the Chief City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels awned by public authorities, the number of parcels which are now vacant, and to prepare or cause to be prepared, plans and specifica- tions therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district pursuant to the provisions of Sections 3.03 and 4.01 of Ordinance No. 401, as amended; such recommendation to be based on Plan D in the report dated November 1, 1963, from the Chief City Engineer. Page 6316 By Councilman Daugherty, seconded by Councilman Dooley and unanimously adopted, it was #878-63 RESOLVED that, having considered the letter from the attorney for the petitioner, dated November 13, 1963, relative to Petition Z-605, the Council does hereby table this matter to the regular meeting of the Council on January 15, 1964, with the understanding that the petitioner or his attorney agrees that he will advise Mr. B. T. Reddy as spokesman for the residents of any contemplated change of zoning or use for the property in question, prior to January 8, 1964. * Councilman Sydney B. Bagnall arrived at 8:30 P.M. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #879-63 RESOLVED that, having considered the report of several citizens in connection with Petition Z-605, that lands in the area between Fanning- ton and Middlebelt Roads, South of Eight Mile Road, are being used for dumping and storage of trucks and disabled vehicles, the Council does hereby request the Chief Inspector to make an investigation and report concerning violations of the Zoning Ordinance, Ordinance No. 60, as amended. By Councilman Dooley, seconded by Councilman Kleinert and unanimously adopted, it was #880-63 RESOLVED that, consideration of the report and recommendation of the City Planning Commission regarding Petition Z-608 is hereby tabled to the next study meeting of the Council. By Councilman Dooley, seconded by Councilman Daugherty and unanimously adopted, it was #881-63 RESOLVED that, having considered the report and recommendation dated November 1, 1963, from the City Planning Commission in regard to Petition No. Z-609, submitted by Nelson Dembs, for change of zoning in the Northeast 1/4 of Section 14, from RUFB to R-3, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 1-609 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be pre- pared 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 Kleinert, seconded by C ouncilman Dooley, it was #882-63 RESOLVED that, having considered the recommendation of the Civil Service Commission contained in a communication from the Personnel Director, Page 6317 dated November 1, 1963, concerning City employees' hospitalization and life insurance and disability insurance, the Council does hereby refer the same to the Finance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, Bagnall and McNamara. NAYS: Daugherty. The Vice President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Dooley and unanimously adopted, it was #883-63 RESOLVED that, consideration of the report dated November 1, 1963, from the Chief City Engineer, concerning a requested subdivision bond release for Har-Lo Subdivision, is hereby tabled to the meeting of Janu- ary 15, 1964. By Councilman Dooley, seconded by Councilman Bagnall, it was #884-63 RESOLVED that, the letter dated October 20, 1963, from the Livonia Police Officers Association concerning attorney fees in connection with Civil Service proceedings, is hereby referred to the Department of Law for an opinion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Bagnall and McNamara. NAYS: Kleinert and Daugherty. The Vice President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Dooley and unanimously adopted, it was #885-63 RESOLVED that, having considered a petition received October 29, 1963, from residents of Buckingham Village Subdivision to correct back yard flooding between Lyons and Deering Avenues in the City of Livonia, the Council does hereby refer the same to the Chief City Engineer for his report and recommendation, specifically the under-lying reasons for the flooding in question. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #886-63 RESOLVED that, having considered a communication received October 28,, 1963, from A. J. Mummery, 8631 St. Marys, Detroit Michigan, concerning possible improvement of Henry Ruff Road at Lyndon Avenue in Page 6318 Section 23, City of Livonia, the Council does hereby refer the same to the Chief City Engineer for a report on costs and descriptions, to be submitted at the study meeting of November 20th, for consideration at the ensuing regular meeting. By Councilman Bagnall, seconded by Councilman Kleinert, it was #887-63 RESOLVED that, having considered the resolutions of the Water and Sewer Board relating to Debt Rate Charges, Tap-in Fees, and the 1963 Water Main Projects, transmitted by letters dated October 29, 1963, from the Chairman of the Water and Sewer Boards the Council does hereby: 1) concur with resolution WS 559 10/63 wherein it is provided that residents connected to water mains or benefiting from a City water main shall, without exception, be subject to paying the Debt Rate Charges as established in Ordinance No. 43, as amended; 2) concur with resolution WS 560 10/63 wherein the Water and Sewer Board establishes a policy whereby a water user who is con- nected to a private line and has paid the full connection charge as established by Ordinance, will be disconnected from such private line and reconnected to the City water line, where and when available, and will not be subject to a second tap-in fee; 3) concur in resolution WS 561 10/63 wherein the Water and Sewer Board approved (reaffirmed) the 1963 Water Main Projects in six locations throughout the City, as outlined in a letter dated October 4, 1963, from the Chief City Engineer, which is consistent with the report of the Water and Sewer Board as contained in its resolution WS 559 10/63 in answer to Council resolution #769-63, relating to recommendations for water mains, Capitol and Brewster; and the Council having concurred in the matters herein contained, rejects the contingent recommendation contained in resolution WS 562 10/63. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, Bagnall, Daugherty and McNamara, NAYS: None. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #888-63 RESOLVED that, having considered a communication dated October 24, 1963, from Parkins, Rogers & Associates, Inc., Planning and Urban Renewal Consultants, 2889 West Grand Boulevard, Detroit 2, Michigan, regarding a proposal for the submission of a Survey and Planning Application for the City of Livonia, the Council does hereby refer the same to the Committee of the Whole for its report and recommendation. The letter dated October 25, 1963, from the Livonia Ministers Association was received and placed on file for the information of the Council. Page 6319 Councilman Bagnall introduced the following Ordinance: AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION, HEIGHT AND LOCATION OF ALL FENCES IN THE CITY CF LIVONIA THE CITY OF LIVONIA ORDAINS: ARTICLE I TITLE, PURPOSE, CONSTRUCTION AND ENABLING AUTHORITY Section 1.01. Title. This ordinance shall be known and cited as the "Fence Ordinance of the City ofi�vonia." Section 1.02. Purpose. The purpose of this ordinance is to promote and protect the public health, safety and welfare. Section 1.03. Construction. This ordinance shall be liberally construed in such manner as to best effectuate its purpose. The provisions of this ordinance shall be construed, if possible, in such manner as to make such provisions compatible and consistent with the provisions of all existing and future zoning and other ordinances of the City of Livonia, and all amendments thereto; provided, however, that where any inconsistency or conflict cannot be avoided, then the most restrictive of such in- consistent or conflicting provisions shall control and prevail. The provisions of this ordinance shall not be applicable to private outdoor swimming pools and other related recreational facilities. Section 1.04. Enabling Authority. This ordinance is adopted pursuant to Section 3 of Act 297, Public Acts of Michigan, 1909, as amended; Section 1 of Chapter II, and sections 11 and 26 of Chapter IX of the Charter of the City of Livonia. ARTICLE II FENCES Section 2.01. Fences. The respective owners of adjacent residential lots or residential properties may construct and maintain partition fences between their own and the next adjoining residential lots or properties, in such manner and subject to the limitations stated in the following sections. All owners of lots and adjoining residential properties shall hereafter be responsible for the rebuilding, care and upkeep of all fences contiguous to or bordering upon streets and alleys. Section 2.02. "Residential Properties" Defined. The term "residential lots" or "residential properties" as used in this article means property in any residential districts as shown on the Zoning Map of the City of Livonia which is actually developed and used for residential dwelling purposes. Section 2.03. Residential Partition Fences; Types. All fences between residential properties shall be of the "cyclone" type where the adjoining property owners have mutually agreed to share the expense of such fence; except that such parties may by mutual consent agree to any other type of fence which is of safe construction and which does not violate the provisions of this article. Where the entire cost of the fence is to be borne entirely by one owner, a fence other than Page 6320 the "cyclone" type may be constructed but it shall be built wholly upon the builder's property except with the consent of the adjoining property owner or owners it may be constructed on the dividing line. In no case, however, shall any fence violate any of the provisions of this article. Section 2.04. Residential Partition Fences; Location. Fences which divide residential lots or properties shall be constructed on the dividing lot lines where the abutting property owners contribute to its cost or mutually agree to such location. Where one property owner builds a fence entirely at his own expense the fence shall be constructed wholly on the builder's property. In every case the provisions of the Loning Ordinance of the City of Livonia, as amended, shall be observed in the location of fences. Section 2.05. General Conditions hegarding the Constructioh of Fences. (a) Height. All fences constructed between residential properties shall be to a height above the average grade of the two (2) adjoining lots of not more than six (6) feet; provided, however, that no fence shall be constructed in any front yard except as may be specifically authorized by the 'oning Ordinance, as amended; the maximum height for fences in or around industrial or manufacturing areas and school properties shall be eight (8) feet above grade. (b) Depth of Posts. All fences constructed or reconstructed within the limits of the City of Livonia shall be constructed on posts sunk at least three (3) feet below grade. (c) Barbed wire; Prohibited; Exception. It shall be unlawful for any person, firm or corporation or their lessee or agent to either construct or maintain a barbed wire fence, partially or wholly, between or abutting any residential properties, or in or along any street or in front of any public place or space, or to nail or cause barbed wire to be nailed or fastened in any form, shape, or manner upon such fences; provided, however, that barbed wire fences may be permitted around manufacturing plants where such property does not abut residential property and according to such rules and regulations as may be promulgated by the building official; provided, however, that notwithstanding anything to the contrary herein contained, barbed wire cradles may be placed on top of fences enclosing public utility installations in any zoning use district,which fences shall be constructed to a height of not more than eight (8) feet nor less than six (6) feet. ARTICLE III ADMINISTRATION Section 3.01. Enforcement. The enforcement of this ordinance is hereby delegated to the Building Official. ARTICLE IV M IS CELLAN i1 OUS PROVISIONS Section 4.01. Penalty. Any violation of this ordinance shall constitute a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than rive Hundred Dollars ($00.00) or by imprisonment for not more than ninety (90) days, or by bDth such fine and imprisonment in the discretion of the Court. Page 6321 Section 4.02. Repeal. 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 4.03. Severability. If any part or parts of this ordinance are for any reason held to be invalid, such holding shall not affect the validity 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 Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #889-63 RESOLVED that, the request dated November 130 1963, from the Allied Veterans Committee of Livonia regarding the 1964 Memorial Day Parade, is hereby referred to the Committee of the whole for consideration in the new budget. The letter dated November 1, 1963, f rom Acres Development Company, regard- ing use of certain land in Section 28 for U. S. Army Reserve Training Center, was received and placed on file for the information of the Council. By Councilman Daugherty, seconded by Councilman Bagnall, it was #890-63 RESOLVED that, having considered the report and recommendation dated October 29, 1963, from the Library Commission concerning the in- stallation of a Docustat machine for duplication of library materials and other documents, pursuant to a proposed contract with Documat, Inc., the Council does hereby approve the contract as submitted and subject to the changes outlined in a communication dated November 13, 1963, from the Department of Law, and does hereby authorize the Mayor and City Clerk to execute the same on behalf of the City and to do all other things neces- sary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Dooley, Bagnall, Daugherty and McNamara. NAYS: None. The following resolution was offered by Councilman Bagnall, supported by Councilman Kleinert and unanimously adopted: #891-63 WHEREAS, Police Chief James N. Jordan was dismissed October 16, 1963, for failing to wear his uniform on two days and for using a rubber stamp of Safety Director Addison W. Bacon, and WHEREAS, Chief Jordan appealed this dismissal to the Civil Service Commission, and Page 6322 WHEREAS, Chief Jordan was reinstated effective November 6, 1963, as the result of a "settlement" negotiated between the Safety Director, and concurred in by Mayor Moelke, and the Police Chief which provided for a penalty of loss of twenty-seven (27) working days representing approximately $1,200.00, and with the further understanding that this penalty would not be appealed to the Civil Service Commission, and WHEREAS, it is considered that the Charter provisions in setting up the Civil Service Commission with all of the powers of administrating a Civil Service program, were not intended to allow the removal of right of appeal by any City employee under any circumstances, and WHEREAS, the Civil Service Commission has not reviewed or concurred with the disciplinary action meted out to Police Chief Jordan, NOW, THEREFORE, BE IT RESOLVED that the Council recommends and strongly urges the Civil Service Commission, under the provision of the Charter, Chapter V, Section 16(b), adopt a rule which would require the submission of all disciplinary action taken for their review and con- currence before any appeal may be withdrawn from the Commission, and BE IT FURTHER RESOLVED that if such rule is adopted by the Civil Service Commission, that the Mayor be requested to direct the Safety Director to submit to the Civil Service Commission the disciplinary action taken in the subject case for their action as related to the suggested rule. On motion of Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, this 430th regular meeting of the Council of the City of Livonia was duly adjourned at 9:00 P. M., November 13, 1963. 2 '' ^ (--F` rie W. Clark, City Clerk