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HomeMy WebLinkAboutCOUNCIL MINUTES 1962-02-26 Page 5215 MINUTES OF THE. THREE HUNDRED FIFTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 26, 1962, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:35 o'clock P. M.. Councilman Daugherty delivered the invocation. Roll was called with the following result: Present - Sydney B. Bagnall, John T. Daugherty, William N. Ponder, Rudolf R. Kleinert, Austin T. Grant and James R. McCann. Absent - Jack Salvadore. By Councilman Ponder, seconded by Councilman Kleinert and unanimously adopted, it was #138-62 RESOLVED, that the minutes of the 356th regular meeting of the Council of the City of Livonia held on February 12, 1962, are hereby approved. Marie W. Clark, City Clerk, read a letter dated February 26, 1962 from Mayor William W. Brashear, regarding proposed legislation granting power to counties, cities and villages to levy income taxes, and introduced by Mayor Cavanaugh of the City of Detroit. By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #139-62 RESOLVED, that the Council of the City of Livonia does hereby request Mayor Brashear, as the Livonia representative on the Ways and Means Committee of the Wayne County Board of Supervisors, to not concur with Mayor Cavanaugh's proposed bill which would give the County, cities and villages authority to levy an income tax, and that copies of this resolution be forwarded to our representatives in the State Legislature, Constitutional Convention Delegates, and the City of Farmington. By Councilman McCann, seconded by Councilman Grant and unanimously adopted, it was #140-62 RESOLVED, that the budgets for the Water and Sewer Divisions of the City of Livonia for the fiscal year beginning March 1, 1962, referred to the Council by the Budget Director by letter dated February 23, 1962, approved by the Mayor, is hereby referred to the Finance Committee and the Water and Sewer Committee of the Council for their report and recommendations. Page 5216 By Councilman Grant, seconded by Councilman McCann and unanimously adopted, it was #141-62 RESOLVED, that the communication from the Department of Law dated February 19, 1962, which forwards an offer from one Mrs. Mabel L. LeClair to sell certain property to the City of Livonia adjacent to the Grandview Elementary School, is hereby referred to the Parks and Recreation Commission for its report and recommendation. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #142-62 RESOLVED that, on recommendation of the Special Council Committee established to study the Classification of Industrial Coordinator, in consideration of the Mayor's request for an opportunity to discuss such classification with the Council, the matter of establishment of the classification of Industrial Coordinator is hereby tabled. By Councilman Kleinert, seconded by Councilman Daugherty, it was #143-62 RESOLVED, that having considered the report and recommendation of the Operations Division Superintendent dated January 26, 1962, approved by the Mayor and Director of Public Works, the Council does hereby accept the bid of Cyril J. Burke, Inc., 6451 W. McNichols, Detroit 12, Michigan, in the amount of $17,520.00 for supplying the City with one new Austin- Western model Pacer "100" road grader, such having been in fact the lowest bid received for this item; and for this purpose, the Council does hereby authorize a sufficient expenditure from the Capital Outlay Account of the Operations Division budget. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert, Grant and Bagnall. NAYS: McCann. The President declared the resolution adopted. By Councilman Ponder, seconded by Councilman Grant, it was #144-62 RESOLVED, that the City Council having heretofore authorized the receipt of bids for the sale of certain property owned by the City of Livonia, which property is more particularly described hereafter, and the Council, by resolution ,#150-61 adopted on February 27, 1961, having accepted the bid from Gust B. Donner, 28475 West Chicago, Livonia, Michigan, dated December 10, 1960, to purchase such property for the sum of :800.00, such having been the best and highest bid received for the said property, and having considered the report and recommendation from the Chief City Engineer dated February 14, 1962, approved by the Mayor and Director of Public Works, indicating compliance with all of the conditions upon which such bid was accepted, the Council does therefore authorize the Mayor and City Clerk to execute for and on behalf of the City a quit claim deed conveying to the aforesaid Mr. Gust B. Donner the following described property: Page 5217 The West 42.0 feet of the East 85.0 feet of the North 1/2 of the North 1/2 of the Southwest 1/4 of Section 36, except the North 43.0 feet thereof; also except the South 300.00 feet thereof, Town 1 South, Range 9 East, City of Livonia, Wayne County, Mi chi gan and the Mayor and City Clerk are herein authorized to do all other things necessary and incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert, Grant, McCann and Bagnall. NAYS: None. By Councilman Grant, seconded by Councilman Ponder and unanimously adopted, it was #145-62 RESOLVED, that the Council does hereby acknowledge receipt of a report from the Chief City Engineer dated February 1, 1962, submitted pursuant to a Council request set out in resolution #740-60, and the latter resolution is hereby acknowledged as completed. By Councilman Kleinert, seconded by Councilman Ponder, it was #146-62 RESOLVED, that the Council does hereby rescind its previous resolution #890-61 adopted on December 11, 1961, in order that the Council might further consider the matter on the basis of subsequent discussions by and between the owners of said properties and the City with respect to determining the specific lands sought to be purchased. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert, Grant, McCann and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman Grant, it was #147-62 RESOLVED, that having considered the recommendation of the Parks and Recreation Commission dated November 18, 1960, the offer from Gordon-Begin Real Estate, Inc., 15944 W. McNichols Road, Detroit 35, Michigan, dated April 19, 1961, and the further reports and recommenda- tions of the Department of Law dated October 26, 1961 and January 17, 1962, the Council hereby requests that the Department of Law prepare a land contract in such form that, if finally approved by resolution of this Council, and executed, would convey to the City the following parcel of property: That part of the South 1/2 of Section 24, described as beginning at a point on the N. and S. 1/4 line distant South 0 degrees 0 minutes 35 seconds East 708:91 feet from the center 1/4 corner of Section 24, Town 1 South, Page 5218 Range 9 East, and proceeding thence South 89 degrees 39 minutes, 14 seconds East 655.85 feet; thence South 0 degrees 23 minutes 30 seconds West 300.00 feet; thence North 89 degrees 39 minutes 14 seconds West 817.62 feet; thence North 0 degrees 07 minutes 35 seconds West 283.15 feet; thence North 89 degrees 52 minutes 25 seconds East 123.85 feet; thence North 68 degrees 34 minutes 03 seconds East 43.63 feet to the Point of Beginning, comprising 5.585 acres, more or less; on the following terms: A total purchase price equaling Seven Thousand Dollars ($7,000.00) per acre to be paid as follows: a down payment of Ten Thousand Dollars ($10,000.00) with the balance of the purchase price to be paid in quarterly installments over a period of ten (10) years, each quarterly payment to be equal to 1/40th of the said balance, plus interest at the rate of six per cent (6%) per annum on the unpaid balance; and such other terms as are in the best interest of the City of Livonia; provided further, that this resolution shall not be deemed as an acceptance of any offer nor as an authorization to purchase any property; and the Department of Law is requested to forward said form of land contract, after the same has been prepared, to the City Council for its consideration, determination and action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert, Grant, McCann and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman Grant, it was ,#148-62 RESOLVED, that having considered the recommendation of the Parks and Recreation Commission dated November 18, 1960, the offer from Gordon- Begin Real Estate, Inc., 15944 W. McNichols Road, Detroit 35, Michigan, dated April 19, 1961, and the further reports and recommendations of the Department of Law dated October 26, 1961 and January 17, 1962, the Council hereby requests that the Department of Law prepare a land contract in such a form that, if finally approved by resolution of this Council and executed, would convey to the City the following parcel of property: That part of the N. W. 1/4 of Section 24, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a Point on the East and West 1/4 line of said Section 24, distant South 89 degrees 31 minutes 28 seconds East 1319.93 feet from the West 1/4 corner of Section 24, Town 1 South, Range 9 East, and proceeding thence North 0 degrees 00 minutes 45 seconds East 466.66 feet to a point on the Easterly line of the Patty Ann Subdivision, lar Liber 82, page 76 of Wayne County Records; thence South 89 degrees 47 minutes 25 seconds East 655.22 feet along the South property line of the Livonia Public School site to the West line of the Dutch Mill Gardens Subdivision, Liber 68, page 70 of the Wayne County Records; thence South 0 degrees 04 minutes 00 seconds East 469.70 feet along Page 5219 tne West line of the Dutch Mill Gardens Subdivision, Liber 68, page 70 of Wayne County Records; thence North 89 degrees 31 minutes 28 seconds West 655.89 feet along the east and West 1/4 line of said Section 24, to the Point of Beginning, comprising 7.046 acres more or less, on the followin5 tele .s: A total purchase price equaling Six Thousand Five 'iundred Dollars 46,500.00) per acre to be paid as follows: a down payment of Fourteen Thousand Dollars (114,000.00) with the balance of the purchase price to be paid in quarterly installments over a period of ten (10) years, each quarterly payment to be equal to 1/40th of the said balance, plus interest at the rate of six per cent (60) per annum on the unpaid balance; and such other terms as are in the best interest of the City of Livonia; provided further, that this resolution shall not be deemed as an acceptance of any offer nor as an authorization to purchase any property; and the Department of Law is requested to forward said form of land contract, after the same has been prepared, to the City Council for its consideration, determination and action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert, Grant, McCann and Bagnall. NAYS: None. By Councilman Ponder, seconded by Councilman Grant and unanimously adopted, it was #149-62 RESOLVED, that having considered the letter and comments from the Department of Law dated February 6, 1962, and the attached communication from one Mr. Melvin Wilkinson offering to sell the City certain property leading to the City park site in Section 11, the Council does hereby refer each of these letters to the Parks and Recreation Commission for its report and recommendation in connection therewith, and with a further request that a map accompany such recommendation when it is filed with the Council. By Councilman Grant, seconded by Councilman McCann and unanimously adopted, it was #150-62 RESOLVED, that having considered the report and recommendation of the City Planning Commission dated February 9, 1962, in regard to Petition No. Z-535 submitted by Ben and Miriam Baskin for a change of zoning in the Northeast 1/4 of Section 31 from C-2 to PS, the Council does hereby concur with the recommendation of the City Planning Commission and said Petition No. Z-535 is hereby granted, and the City Planner is requested to prepare and submit to the Department of Law a map for publication showing the change approved herein, and the Department of Law is thereafter requested to prepare and submit an ordinance amending Ordinance No. 60 in accordance with this resolution. Page 5220 By Councilman Ponder, seconded by Councilman Grant and unanimously adopted, it was #151-62 RESOLVED, that having considered the report and recommendation of the City Planning Commission dated February 15, 1962, in regard to Petition No. Z-536 submitted by John Uznis for a change of zoning in the Northeast 1/4 of Section 20 from R-1-A to PS, the Council does hereby concur with the recommendation of the City Planning Commission and said Petition No. Z-536 is hereby granted insofar as it relates to the northerly 568 feet only of the original 937 feet requested in said petition, and the City Planner is requested to prepare and submit to the Department of Law a map for publication showing the change approved herein, and the Department of Law is thereafter requested to prepare and submit an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #152-62 RESOLVED, that having considered the report and recommendation of the City Planning Commission dated February 9, 1962, in regard to Petition No. Z-537 submitted by Jack Liwazer, Holtsman and Silverman for a change of zoning in the Northeast 1/4 of Section 25 from M-2 to C-2, the Council does hereby concur with the recommendation of the City Planning Commission and said Petition No. Z-537 is hereby granted, and the City Planner is requested to prepare and submit to the Department of Law a map for publication showing the change approved herein, and the Department of Law is thereafter requested to prepare and submit an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Kleinert, seconded by Councilman Grant, it was RESOLVED, that having considered the report and recommendation of the City Planning Commission dated February 9, 1962, in regard to Petition No. Z-540, and having been informed that the Planning Commission w ll be considering in the near future another petition relating to adjacent property and to similar uses, the Council does hereby table Petition No. Z-540, pending receipt from the City Planning Commission of its recommendation on Petition No. Z-542. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall. NAYS: Daugherty, Ponder, Kleinert, Grant and McCann. The President declared the resolution defeated. By Councilman Daugherty, seconded by Councilman Ponder, it was RESOLVED, that having considered the report and recommendation of the City Planning Commission dated February 9, 1962 in regard to Petition No. Z-540, submitted by Bernard Assemany, 12307 Kentucky, Detroit, Page 5221 Michigan for a change of zoning in the Southwest 1/4 of Section 36, from R-2 to PS, the Council does hereby concur with the recommendation of the City Planning Commission subject bo the conditions set forth in the Planning Commission's said recommendation dated February 9, 1962; and said Petition No. Z-540 is hereby granted; and the City Planner is requested to prepare and submit to the Department of Law a map for publication showing the change approved herein, and the Department of Law is hereafter requested to prepare and submit an ordinance amending Ordinance No. 60 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder and Grant. NAYS: Kleinert, Bagnall and McCann. The President declared the resolution defeated. By Councilman Ponder, seconded by Councilman McCann, it was #153-62 RESOLVED, that Petition No. Z-540 is hereby tabled to the next regular meeting of the Council, and that the petitioner and all residents whose names were given to the City Clerk or were present during this Council discussion be invited to be present at the Council study meeting to be held on Wednesday, Yrrch 7, 1962, at 9:00 P. M.. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert, hcCann and Bagnall. NAYS: Grant. The President declared the resolution adopted. The President relinquished the chair to Councilman McCann at 9:22 o'clock P. M. to support the following resolution: By Councilman Ponder, seconded by Councilman Bagnall, it was #154-62 RESOLVED, that having considered the report and recommendation of the City Planning Commission dated February 15, 1962, in regard to Petition No. Z-541 submitted by D. Newman for a change of zoning in the Southeast 1/4 of Section 30 from RUFB to C-2, the Council does hereby concur with the recommendation of the City Planning Commission and said Petition No. Z-541 is hereby granted, and the City Planner is requested to prepare and submit to the Department of Law a map for publication showing the change approved herein, and the Department of Law is thereafter requested to prepare and submit an ordinance amending Ordinance No. 60 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ponder, Kleinert, Grant, Bagnall and McCann. NAYS: Daugherty. The Chairman declared the resolution adopted. Page 5222 The President resumed the chair at 9:25 o'clock P. M.. At 9:25 o'clock P. M. a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting, with the exception of Councilman McCann. By Councilman Grant, seconded by Councilman Kleinert and unanimously adopted, it was #155-62 RESOLVED, that the Council does hereby forward to the Parks and Recreation Commission the communication dated January 29, 1962 from the Devonshire Park Civic Association to the Mayor regarding the existing toboggan hill on the Jefferson park site, with the request that the Commission consider the same and submit its comments and recommendation thereafter to the /City Council and to the said Civic Association. By Councilman Kleinert, seconded by Councilman Grant and unanimously adopted, it was #156-62 RESOLVED, that the communication from the Como Lake Property Owners Association dated February 6, 1962, regarding minimum square feet for dwellings in that subdivision, is hereby referred to the City Planning Commission for its information and consideration, it being the understanding of the Council that this topic is presently under discussion by the Commission. By Councilman Daugherty, seconded by Councilman Ponder and unanimously adopted, it was #157-62 RESOLVED, that the Council does hereby request the City Planning Commission, as preliminary plats are hereafter submitted for approval, to neg tiate with the proprietor thereof for the establishment of restrictive covenan s with respect to the land sought to be subdivided; such restrictive covenants, as are agreed upon, to become a condition of the preliminary approval of the proposed plat; that the proprietor be required to present a restrictive covenant agreement in a recordable form along with his final plat when the latter is presented to the City Planning Commission; and that such restrictive covenants be obtained for the purpose of restricting the number of minimum building sites, establishing minimum house sizes and such other matters as the proprietor and Planning Commis- sion may agree upon and which are in the best interest of the Community and the prospective residents of such subdivision. By Councilman Grant, seconded by Councilman Ponder and unanimously adopted, it was ;#1.58-62 RESOLVED, THAT the Council having considered the report and recommendation of the Chief City Engineer dated January 19, 1962, with regard to (1) obtaining and improving a certain right-of-way 210 feet in Page 5223 length and 43 feet in width adjacent to the Tyler School in Section 3, and (2) a counter offer from the owner of such right-of-way as set out in a letter dated September 26, 1961 from Mr. Richard T. Gieryn; that in accordance with the recommendation of the Chief City Engineer, the Council does hereby determine not to accept such counter offer, but does hereby request the Department of Law and Engineering Division to proceed with the acquisition and improvement of the right-of-way to the extent first set out above and as previously requested in Council Resolution #492-61 adopted on July 31, 1961, and to do all other things necessary or incidental to the full performance of this resolution. By Councilman Ponder, seconded by Councilman Daugherty and unanimously adopted, it was #159-62 RESOLVED, that having considered the recommendation of the Chief City Engineer dated February 6, 1962, approved of by the Mayor and Director of Public Works, regarding a certain improvement of the Bell and Blue Drains, and having considered also the petition of certain residents of the B. E. Taylor Schoolcraft Manor Subdivision, in connection there- with, the Council does hereby refer the above communications to its Water and Sewer Committee for a report and recommendation in connection therewith, such report to include: (1) the total prospective cost of such project; (2) the millage, if any, to be required to defray such cost; (3) the approximate number of acres that will be drained by the recommended improvement; and (4) what, if any, sanitary sewers will be required as a result of the proposed improvement and the benefits to be derived from such drain with respect to that section of the City south of Schoolcraft north of the C. & 0. Railroad and between Middlebelt and Merriman Roads; such report to be submitted for the meeting of the Council to be held on March 26, 1962. By Councilman Daugherty, seconded by Councilman Grant and unanimously adopted, it was #160-62 RESOLVED that, relative to the referral to the Water and Sewer Committee of the Council of the improvement of the Bell and Blue Drains as described in the previous resolution (Res./159-62), the Budget Director, Chief Accountant and Chief City Engineer are requested to submit forthwith to the Water and Sewer Comittee of the Council a report of all information respectively required of their divisions as contained in the aforementioned previously adopted resolution, in order to permit the Committee to prepare their report before March 26, 1962. By Councilman Grant, seconded by Councilman Ponder, it was #161-62 RESOLVED, that having considered the report and recommendation of the Chief City Engineer dated February 8, 1962, approved of by the Mayor and Director of Public Works, the Council does hereby amend Item No. 3 Page 5224 of Council Resolution P836-61 adopted on November 27, 1961, so as to reduce the bond for remaining improvements in Koloffts Sunnyside Estates Subdivision to X49,000.00, of which at least 35,000.00 shall be in cash, and the bond now on deposit with the City, if any, shall be reduced accordingly and the liability of the bonding company shall also be limited to said amount; 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 fcregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert, Grant and Eagnall. NAYS: None. By Councilman Ponder, seconded by Councilman Grant, it was ,TL62-62 RESOLVED, that having considered the report and reconmtendation of the Chief City Engineer dated February 14, 1962, approved of by the Mayor and Director of Public Works, the Council does hereby release to Mr. Richard C. Bleznak, Woodbury Building Company, 18450 Livernois, Detroit 21, Michigan, as proprietor, the 3,5,400.00 bond deposited with the City in accordance with Council Resolution #230-61 adopted on April 10, 1961 to guaranty satisfactory improvements to be installed in Lyndon Estates Subdivision, a part of the Southeast 1/4 of Section 23, City of Livonia, it appearing from the aforementioned report of the Chief City Engineer that all required improvements have been satisfactorily installed; and the City Clerk and City Treasurer are hereby 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: Daugherty, Ponder, Kleinert, Grant and Bagnall. NAYS: None. By Councilman Grant, seconded by Councilman Kleinert, it was #163-62 RESOLVED, that having considered the report of the Chief City Engineer dated February 15, 1962, approved of by the Mayor and Director of Public Works, regarding a certain drainage condition at 2$924 Westfield, Livonia, Michigan, the Council does hereby authorize the Operations Division to correct such existing condition; provided, however, that the property owner first deposit with the City of Livonia the sum of $185.00 to cover the cost of materials in order to accomplish this work. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Kleinert, Grant and Bagnall. NAYS: Ponder. The President declared the resolution adopted. Page 5225 By Councilman Daugherty, seconded by Councilman Grant, it was #164-62 RESOLVED, that the City Clerk is hereby requested to transmit to Congresswoman Martha Griffiths for her information the communication dated February 5, 1962 addressed to the Department of Law from John P. McCollum, Regional Administrator of the Housing and Home Finance Agency, which communication indicates that definitive policies and the application forms have not yet been estaolisaed or published in connection with the federal government's "Open-Space Land Program"; that notwithstanding the content of the above communication, and it being the understanding of the City Council that the Superintendent of Parks and Recreation is in receipt of proper application forms, the Superintendent is hereby directed to immediately prepare and complete such application forms; and the City Clerk is hereby requested to forward such completed application forms to Congresswoman Martha Griffiths as Joon after the same are completed as possible. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Kleinert, Grant and Bagnall. NAYS: Ponder. The President declared the resolution adopted. Councilman McCann returned at 9:57 o'clock P. 14.. The communication from the Parks and Recreation Commission dated February 6, 1962, regarding acquisition of Lots 1, 2 and 249 of Grennada Park Subdivision, was received and placed on file for the information of the Council. By Councilman Grant, seconded by Councilman Kleinert, it was #165-62 RESOLVED, that having received the report of the Parks and Recreation Commission dated February 14, 1962, the Council does hereby authorize the purchasing of a tape recorder for use in the Parks and Recreation Department, and, for this purpose, the sum of $160.00 is hereby transferred from the Unallocated Fund to the Capital Outlay Account of the Recreation Division Budget. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert, Grant, McCann and Bagnall. NAYS: None. By Councilman Grant, seconded by Councilman Ponder, it was #166-62 RESOLVED, that having considered the report and recommendation of the Parks and Recreation Commission dated January 9, 1962, approved of by the Mayor, wherein such commission recommends that certain fees and charges be established in connection with its recreation program, and it Page 5226 being the opinion of the Department of Law and the understanding of the Council that such fees and charges should properly be established by resolution of this Council, the Council does therefore establish the following as the fees and charges to be collected from participants for the following recreational activities: Baseball - all classes $ 3.00 per team Softball - Class "C" (Fast Pitch) 50.00 per team plus $15.00 forfeit Class "D" (Slow Pitch) 30.00 per team plus $15.00 forfeit Church League 30.00 per team plus $15.00 forfeit Women's League 20.00 per team plus $15.00 forfeit Touch Football 40.00 per team plus $10.00 forfeit Basketball 40.00 per team plus $10.00 forfeit Volleyball 15.00 per team plus $10.00 forfeit Any forfeit fee collected shall be returned at the end of the program in any one year if the team having deposited such forfeit fee has not forfeited any game during that particular program year. Ballroom Dancing $10.00 per couple - 8 weeks Tap Dancing .80 per student - per lesson Square Dancing 10.00 per couple - 10 weeks Accordion 1.00 per student - per lesson Bridge Classes 6.00 per person - 10 weeks Duplicate Bridge 1.00 per person - per night Baton Classes 1.00 per person - 10 weeks And provided further, that the Superintendent of Parks and Recreation Department shall provide for a procedure by which such entry fees and charges shall be collected, which procedure shall be approved of by the Budget Director, and in accordance with the provisions of the Financial Ordinance of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert, Grant, McCann and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #167-62 PESOLVED, that after due consideration of the recommendation from the Civil Service Commission dated January 17, 1962, regarding the establishment of a classification for Assistant Superintendent of the Operations Division, the Council does hereby defer any action in regard thereto until the budget for the next fiscal year has been prepared and presented to this body. By Councilman Ponder, seconded by Councilman McCann and unanimously adopted, it was Page 5227 #168-62 RESOLVED, that having considered the letter from the NLichigan Liquor Control Commission dated November 16, 1961, and the report and recommendation of the Director of Public Safety dated February 13, 1962, in connection therewith, the Council does hereby approve of the request from Ambrose G. Genaw for transfer of ownership of 1961 SDM licensed business from Patrick T. Connole, located at 27845 West Seven Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. Councilman Grant introduced the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 60 OF THE CITY OF LIVONIA ENTITLED, "AN ORDINANCE TO ESTABLISH DISTRICTS IN TIE 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 SPECIFIED USES; TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES; TO REGULATE THE DENSITY OF POPULA- TION; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE; TO PROVIDE FOR A BOARD OF APPEALS, AND ITS POWERS AND DUTIES; AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THS TERMS THEREOF," BY ADDING THERETO ARTICLE 13.50. THE CITY OF LIVONIA ORDAINS: Section 1. Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia", is hereby amended by adding thereto Article 13.50 as follows: ARTICLE 13.50 M-1-L DISTRICT REGULATIONS Section 13.51 Application of Article. The regulations set forth in this article shall apply in all M-1-L Districts. Section 13.52 Uses Permitted. In all M-1-L Districts no building or land, except as otherwise provided in this ordinance, shall be erected or used except for one or more of the following specified uses: (a) Tool and die shops, small shops for the fabricating, assembling of electronic products and electrical appliances, research laboratories engaged in electrical or electronic activities, pattern shops, manufacturing of plastic articles, shoes, furniture, jewelry, tobacco products, bottling plants, artisan and craftsman shops, storage buildings, any wholesale or jobbers business on approval of the City Planning Commission. Section 13.53. Uses Prohibited. In all M-1-L Districts no building shall be erected or used, or land used, in whole or in part, for any one or more of the following uses: Page 5225 (a) All dwellings of every kind. (b) All uses prohibited in M-1 Districts. (c) Outside storage of trucks, materials and supplies. (d) Uses causing or resulting in obnoxious, offensive, injurious, dangerous or unhealthy odors, fumes, dust, smoke, noise, glare of lights or vibration, or the accumulation of unsightly waste materials on private or public property. Section 13.54. Measurable Noise. In all M-1-L Districts the measurable noise emanating from the premises used for activities permitted under this article shall not exceed sixty(60) decibles at a point Five (5) feet above the ground level as measured at the property line. Section 13.55. Off-Street Parking. Off-street parking facilities shall be provided as hereinbefore specified in Sections 4.37 to 4.40, inclusive, of this ordinance. Section 13.56. Building or Structure Height. No building, hereafter erected or altered in any M-1-L District, shall exceed thirty-five (35) feet in height, except as provided in Sections 4.41 to 4.44, inclusive, of this ordinance. Section 13.57. Yard Requirements. Where a building is hereafter erected or altered in any M-1-L District, the front, rear and side yard requirements for such building are as follows: (a) Where such building is situated on a lot having an aread of one (1) acre or less, the front yard shall have a depth of at least fifty (50) feet, the rear yard shall have a depth of at least twenty (20) feet, and there shall be two (2) side yards, each having a width of not less than ten (10) feet and the com- bined width of both side yards shall not be less than forty (40) feet. (b) Where such building is situated on a lot having an area in excess of one (1) acre and not more than ten (10) acres, the front and rear yards shall be at least fifty (50) feet each in depth and the side yards shall not be less than thirty (30) feet each. (c) Where such building is situated on a lot having an area in excess of ten (10) acres, the front yard shall have a depth of at least two Hundred (200) feet, the rear yard shall be at least fifty (50) feet in depty and the side yards shntl not be less than thirty (30) feet each. provided, however, that when materials stored inside are of a combustible character, then one side yard shall be maintained twelve (12) feet in width open to the street, which shall be drained and surfaced to permit free access to the rear of the property by fire trucks; and provided further, that notwithstanding the foregoing provisions of this section, Page 5229 where any such lot faces a major thoroughfare having an existing or L planned width of one hundred twenty (120) feet or more, as shown on the Master Thoroughfare Plan, the front yard shall have a depth of at least one hundred (100) feet; and provided further, that the yard requirer:,ents set forth in this seion shall not apply to property lines adjacent to any railroad right-of-way. Section 13.58 DwellinP;s. Nothing contained in this article shall affect or interfere with dwellings now existing in any M-1-L District, or with any buildings accessory to such dwellings, or in any way prevent the owners thereof front making any additions, alterations, or repairs to sucn dwellings or erecting any buZLIings accessory thereto, provided, however, that all such dwellings and buildings accessory thereto shall confona to the same requirements as are provided in his ordinance for the nearest district in which dwellings may hereafter be lawfully erected. Section 2. 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 3. Should any portion of this ordinance be held invalid, for any reason, such holding shall not be construed as affecting the validity of the remaining portion of this ordinance. L, The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Dy Councilman Ponder, seconded by Councilman McCann and unanimously adopted, it was #169-62 RESOLTED, that having considered the request of Evan Lounsbury dated February 15, 1962, relative to the installation of a street light at the intersection of Seven Mile Road and Doris Avenue, the Council does hereby refer such request to the Director of Public Safety for his report and recommendation back to the Council. Councilman Daugherty introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 20.01 OF ARTICLE 20.00 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVO1'aA." THE CITY OF LIVONIA ORDAINS: Section 1. Section 20.01 of Article 20.00 of Ordinance No. 60, as L amended, entitled "Zoning Ordinance of the City of Livonia," is hereby amended to read as follows: Page 5230 Section 20.01 Amendments. This ordinance may be amended, from time to time, pursuant to the provisions of Section 4, Act 207, Public Acts of Michigan of 1921, as amended. All amendments shall be made in the manner provided in this section and Section 3.05 of this ordinance. Proceedings to amend this ordinance or the Zoning Map of the City of Livonia shall be initiated or commenced by any one or more of the following methods: (a) By resolution of the Council wherein the question whether or not a particular amendment should be made is referred by the Council, on its own motion, to the City Planning Commission and wherein such commission is requested to hold a public hearing on the question and to thereafter make a report and recommendation to the Council; (b) By resolution of the City Planning Commission wherein such commission, on its own motion, provides for a public hearing on the question whether or not a particular amendment should be made and for a report and recommendation thereon to the Council; or (c) By written application in triplicate, addressed to the Council, duly signed by the owners of fifty per cent (50%) or more of the frontage in any district or part thereof, duly acknowledged by each owner substantially in accordance with the statutory pro- visions for acknowledgment of deeds, and accompanied by the filing fee hereinafter fixed. Each proceeding, whether originating by resolution or application, shall be designated as a "petition," shall be submitted to the City Attorney for his approval as to form and on such approval, shall be filed in the office of the City Clerk and given a number. Where a petition is pre- sented by a property owner or property owners, such petition shall contain the following information: (a) Names and addresses of owner or owners; (b) A complete legal and common description of the property involved; (c) The existing zoning classification of such property; (d) The change or amendment desired; (e) The reasons for such change or amendment; (f) The applicant's petition must be verified; (g) Area Plan which should include the following information: Scale - 400 feet equals one (1) inch; Date; North point; Key to symbols, if used; Name and address of petitioner; Section number; Streets (named) including the nearest major streets; Parcel numbers; Structures and existing land use on all lots where are adjacent to structures or which abut the subject tract and on such additional lots as may, in the City Planner's opinion, be necessary to properly reflect the surrounding land use; Proposed land uses in the area sought to be rezoned; and Dimensions on proposed rezoning. Page 5231 Each petition of a property owner or owners shall be accompanied by a filing fee in accordance with the following schedule; except petitions filed by a church which shall be exempt from a filing fee: Zoning from any classification to R-1, RU, RL or RJJF - Thirty-five Dollars ($35.00) plus an additional Five Dollars (45.00) for each 7,200 square feet or fraction thereof in excess of 7,200 square feet, not to exceed a total fee of Three Hundred Dollars (4300.00); R-2 - One Hundred Dollars (4100.00) plus an additional Ten Dollars ($10.00) for each 7,200 square feet or fraction thereof in excess of 7,200 square feet, not to exceed a total fee of Three Hundred Dollar ($300.00); R-3 or PS - One Hundred Dollars (4100.00) plus an additional Ten Dollars (''410.00) for each 7,200 square feet or fraction thereof in excess of 7,200 square feet not to exceed a total fee of Three Hundred Dollars (4300.00); C-1 or C-2 - One Hundred Fifty Dollars (4150.00) plus an additional Ten Dollars 010.00) for each 4,000 square feet or fraction thereof in excess of 8,000 square feet, not to exceed a total fee of Three Hundred Dollars (4300.00); and M-1 or I'I-2 - Two Hundred Dollars (4200.00) for the first acre plus an additional Fifty Dollars (450.00) for each additional acre or part thereof, not to exceed a total fee of Three Hundred Dollars (4300.00); provided, however, that each subsequent petition involving substantially the same subject matter and parties as a prior petition shall be con- sidered merely as a petition for rehearing of such prior petition and shall be given the same number as such prior petition; and provided further, that an additional filing fee shall be required on the first petition for rehearing of a prior petition in the amount of twenty per cent (201 of the original filing fee and a filing fee of thirty per cent (301 of such original filing fee is hereby fixed for each additional petition for rehearing of such prior petition. All filing fees shall be paid to the City Treasurer. On receipt of a petition for amendment in due form and on payment of the required filing fee, the City Clerk shall forthwith refer such petition to the City Planning Commis- sion. Such commission shall, within ninety (90) days following reference to it of a petition, hold a public hearing on the petition, grant any person interested an opportunity to be heard thereon and make a report and recommendation on such petition to the Council. Not less than fifteen (15) days notice of the time and place of such public hearing shall be given to all persons to whom any real property abutting or adjoining the premises in question shall be assessed, such notice to be delivered personally or by ordinary mail addressed to the respective owners at the address given in the last assessment roll. Not less than fifteen (15) days notice of the time and place of such public hearing shall first be published in the official newspaper or a paper of general circulation in the City of Livonia, and not less than fifteen (15) days Page 5232 notice of the time and place of such public hearing shall first be given by registered United States Mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the district or zones affected. The Council shall either approve or reject the recommendations of the City Planning Commission; provided, however, that all amendment; to this ordinance or to such zoning map shall be made by ordinance; and provided further, that in case a protest against a proposed amendment be presented, duly signed by the owners of twenty (20) percentum or more of the frontage proposed to be altered, or by the owners of twenty (20) percentum or more of the frontage immediately in the rear thereof, or by the owners of twenty. (20) percentum of the frontage directly opposite the frontage proposed to be altered, such amendment shall not be passed except by the three-fourths vote of the Council. Section 2. Ordinances No. 255 and 324 are hereby repealed as of the date this ordinance becomes effective, and all other 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 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular Tn meeting of the Council. By Councilman Grant, seconded by Councilman McCann, it was #170-62 RESOLVM, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated February 21, 1962, approved of by the Mayor and Chairman of the Recreation Commission, the Council does hereby accept the proposals of the following bidders for each of the respective items listed: Item Bidder Unit Price Balls: Spalding 41-185 Wards 47.10 per dozen Spalding 41-139 Wyandotte 7.75 per dozen Spalding 41-135 Wards 12.30 per dozen Spalding 41-125 dards 14.86 per dozen Bats: Hanna LLR General Sports 15.93 per dozen Louisville 125-3 Wards 28.77 per dozen Catchers Equipment: Gloves - Rawlings 241 Blackburn 11.15 each Masks - Spalding 45-105 Wards 6.77 each Body protectors Spalding 44-128 Wards 3.23 each Spalding 44-112 Wards 3.84 each Page 5233 Leg Guards - Spalding 43-119 Wards $4.13 per pair Spalding 43-113 Wards 5.43 per pair Such having been in fact the lowest bid received for each item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ponder, Kleinert, Grant, McCann and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman Grant and unanimously adopted, it was #171-62 RESOLVED, that having considered the communication from the Michigan Liquor Control Commission dated January 2, 1962 and pursuant to the request contained therein, the Council does hereby amend its resolu- tion #866-61 adopted on December 4, 1961 so as to delete the following therefrom: James and Mary Tringali, 27790 Plymouth Road, Livonia; and so as to substitute in lieu thereof the following: James Tringali, 27726 Plymouth Road, Livonia; provided, however, that this amendment shall in no way affect or change any of the remaining language of Council Resolution #866-61. ' adopted, By Councilman Daugherty, seconded by Councilman McCann and unanimously Y172-62 RESOLVED, that the Council does hereby refer to the Engineering Division for its report and recommendation the letter from Henry V. Herrick, Wayne County Drain Commissioner, dated February 5, 1962, regarding juris- diction of the Bell Creek Drain. On motion of Councilman Grant, seconded by Councilman McCann and unanimously adopted, this 357th regular meeting of the Council of the City of Livonia was duly adjourned at 10:11 o'clock P. M., February 26, 1962.