HomeMy WebLinkAboutCOUNCIL MINUTES 1962-12-12 Page 5775
MINUTES OF THD THREE HUNDRED EIGHTY-NINTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On December 12, 1962, 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 8:14 P. M. Councilman McNamara delivered the invocation.
Roll was called with the following result: Present-- Sydney B. Bagnall, John T.
Daugherty, William E. Parks, Rudolf R. Kleinert, John F. Dooley and Edward H.
McNamara. Absent-- *James R. McCann. ,
Elected and appointed City officials also present: Juanita Hillas, Deputy
City Clerk; the City Attorney; the first Assistant City Attorney; the Director of
Public Works; the Director of Public Safety; the Chief City Engineer; the Mayor;
and the Chief Accountant.
By Councilman Dooley, seconded by Councilman Kleinert and unanimously
adopted, it was
#911-62 RESOLVED that, the minutes of the 388th regular meeting of the
Council of the City of Livonia held on December 5, 1962, are hereby
approved.
By Councilman Kleinert) seconded by Councilman Daugherty, it was
#912-62 RESOLVED that, having considered the report and recommendation
dated December 12, 1962, from the Chief City Engineer, regarding a proposed
sanitary sewer extension in Middlebelt Road, immediately north of Five
Mile Road, to service an existing building, and in view of the recommenda-
tion that a larger sewer would better serve the interest of the City, the
Council does hereby authorize use of material to the approximate value of
$375.00, including manhole and sewer pipe, so as to provide the 109 line
recommended in the Engineer's report; provided, however, that the owner
of the building referred to in the Engineer's letter either furnish all
necessary labor which will 1e required, or deposit with the City a sum
of money sufficient to cover the cost of such labor; and provided further,
that the proprietor grant to the City any rights-of-way that might be
necessary in connection with such installation.
A. roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara, Daugherty and Bagnall.
NAYS: None.
Page 5776
A report dated December 12, 1962, from the Water and Sewer Committee,
was read by Councilman Parks, Chairman.
Councilman Parks introduced the following Ordinance:
AN ORDINANCE AMENDING ORDINANCE NO. 224 OF THE CITY OF
LIVONIA K[TOWN AS THE "LIVONIA SEWAGE DISPOSAL SYSTEM
ORDINANCE" BY AMENDING SECTIONS 1.9, 1.19 AND 1.20 OF
ARTICLE I THEREOF, AND ADDING SECTIONS 1.21 AND 1.22
THERETO.
THE CITY OF LIVONIA ORDAINS:
Section 1. Sections 1.9, 1.19 and 1.20 of Article I of Ordinance No. 224
of the City of Livonia known as the "Livonia Sewage Disposal System Ordinance," are
hereby amended to read as follows; and Sections 1.21 and 1.22 are hereby added thereto
as set out below.
Section 1.9 - Frontage. The term "frontage" as used herein, unless
otherwise expressly indicated in the context of the ordinance, shall mean
the length of the front lot line of the lot, lots, parcel or parcels of
land upon which a building either connected or to be connected, either
directly or indirectly, to the Sewage Disposal System and adjoining parking
facilities is located. The front lot line is the lot line or lines abutting
a street whether public or private. On a corner lot the shortest street line
shall be considered the front lot line. In the case of buildings within
shopping centers, the front side of the building is either that side of the
building on and along a pedestrian mall or a central parking area, whichever
is the longest in length. In the case of industrial buildings, the front
side of the building is that side of the building which faces on a public
or private street.
Section 1.19 - User or Users. The term "user" or "users" as used
herein shall be construed to mean any premise or premises, building or
bOildings, connected either directly or indirectly with and using any
of the Sewage Disposal System for the disposition and removal of sewage
or wastes. For the purpose of determining sewer connection charges, in
the case of shopping centers and in other instances where more than one (1)
building is located on one (1) parcel of land, each separate building shall
be construed as a separate user notwithstanding the manner of connection to
the Sewage Disposal System, whether directly to apublic sewer or indirectly
to a public sewer by connection to a private lateral sewer or system of
lateral sewers.
Section 1.20 - Shopping Center, The term "shopping center" as used
herein shall be construed to mean and include any lot or parcel of land
or contiguous lots or parcels of land comprising a total of three (3) or
more acres upon which there is located one (1) or more buildings serviced
by a central parking area or areas and where there is more than one (1)
building arranged so that customers can travel from one retail business
or building to another without use of public sidewalks or streets.
Gasoline service stations shall not, in any case, be considered a part of
Page 5777
or within a shopping center but shall be considered as a separate business
for which a separate connection charge shall be required.
Section 1.12 - Building Permit. The term "building permit" shall mean
that permit required by the Building Code ordinances of the City for the
construction of a complete building or structure and shall not mean permits
for the mechanical, electrical, or plumbing trades or so-called "footing
permits."
Section 1.22 - SHALL is mandatory; MAY is permissive.
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. The adoption of this ordinance, however, shall not affect or prevent any
pending or future prosecution based on any ordinance section or provision herein
repealed or amended. The adoption of this ordinance shall not be deemed to nor shall
it discontinue, abate, modify, alter or in any way affect or waive any right of the
City of Livonia under any section or provision of the ordinances, or parts thereof,
herein amended or repealed existing on the effective date of this ordinance nor any
right of the City under any determination or action by any official, department, board,
or commission of the City made pursuant to any ordinance section or provision herein
repealed.
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
meeting of the Council.
Councilman Kleinert introduced the following Ordinance:
AN ORDINANCE AMENDING ORDINANCE NO. 2214 OF THE CITY OF
LIVONIA KNO'N AS THE "LIVONIA SEWAGE DISPOSAL SYSTEM
ORDINANCE," BY AMENDING AFLTICLE III THEREOF.
THE CITY OF LIVONIA ORDAINS:
Section 1. Article III of Ordinance No. 224 of the City of Livonia known as
the "Livonia Sewage Disposal System Ordinance" is hereby amended to read as follows:
ARTICLE III
SEWER CONNECTION RATES
Section 3.1. The connection rates and charges for the services and
benefits provided by the Sewage Disposal System shall be prescribed from
time to time by the City Council. The following shall be the connection
rates and charges for connecting to the Sewage Disposal System.
Section 3.2. Connection Rates for Buildings Constructed Prior to
December 1, 1958.
Page 5778
For all buildings, whether houses, residential dwellings, commercial
or industrial buildings, constructed, completed and/or for which a
building permit has been issued prior to December 1, 1958, but not
connected to the Sewage Disposal System, the following ccnnection
rates shall be paid:
(a) $125.00 for each connection to any sewer constructed
by the person connecting.
(b) $300.00 for each connection to any sewer constructed
by the City or County pursuant to the contract, or financed
by said City or County or constructed by any person other
than the person connecting. At the option of the applicant
such charge shall be paid in full either (a) at the time a
permit is requested for connection to the Sewage Disposal
System, or (b) at the option of the applicant, in lieu of such
cash payment, such connection charge may be paid at the rate
of $4.30 per quarter for a period of thirty (30) years or
until a total sum of $516.00 has been paid, said sum to be
billed quarterly at the same time as the consumption rates
hereinafter set forth and billed as a separate item in said
bill.
Section 3.3 Connection Rates for Building Constructed on or after
December 1, 1958 shall be in accordance with the following schedule:
I. In the case of residential dwellings, including two-family
dwellings, church buildings, and eleemosynary buildings, for
which a building permit has not baen issued prior to December 1,
1958, the following connection rates shall be paid:
A. $1.50 per front foot of the property frontage when the
building is to be connected to any sewer constructed by
the applicant and/or $1.50 per front foot when the ap-
plicant has purchased the property to be serviced from
the person having constructed the sewer or subsequent
purchasers, provided, however, that in each case the
minimum connection charge for connection to the Sewage
Disposal System shall be $125.00; or
B. $7.10 per front foot of the property frontage when the
building is to be connected directly to any sewer con-
structed by the City or County pursuant to contract or
financed by said City or County or constructed by any
person other than those referred to in subsection "A" above;
provided, however, that in the case of a separate parcel
with a continuous frontage in excess of one hundred (100)
feet, no applicant shall be charged for more than one
hundred (100) feet of frontage with respect to any one (1)
building to be connected to the Sewage Disposal System.
In lieu of cash payment, the connection charge provided
in this subsection may be paid quarterly at the rate of
10.2 cents per front foot for a period of thirty (30) years,
said sum to be billed quarterly at the same time as the
consumption rates hereinafter set forth are billed as a
separate item to said bill.
Page 5779
In the case of multiple dwellings containing more than two (2)
dwelling units, and commercial buildings (including professional
office buildings, hospitals and clinics) for which a building
permit has not been issued prior to December 1, 1958, the follow-
ing connection rates shall be paid:
A. $1.50 per front foot of the building frontage for each
building when such building is situated within a shopping
center and is to be connected to any sewer, whether in private
or public property, constructed by the applicant or the
person from whom the applicant purchased the property,
provided, however, that for each such building, the minimum
connection charge for connection to the Sewage Disposal
System shall be $125.00; and further, that in the case of
each such building located within a shopping center which
exceeds one hundred (100) feet in average depth, the rate
prescribed above shall be adjusted and collected in ac-
cordance with the following schedule:
Depth of Building Connection Rate
More than 100 feet and less than 200 feet $3.00 per front foot
More than 199 feet and less than 300 feet $4.50 per front foot
300 feet or more $5.50 per front foot
Where a gasoline service station is located on the same parcel
as the shopping center, the rate for such business shall be
$3.00 per front foot of the building.
B. $1.50 per front foot of the property frontage when either a
multiple dwelling building or commercial building containing
two or more retail. businesses, or two or more commercial
buildings, is situated on a parcel less than three (3) acres
in area and is to be connected to any sewer, whether in
private or public property, constructed by the applicant
or the person from whom the applicant purchased the property,
provided, however, that in each case the minimum connection
charge for connection to the Sewage Disposal System shall
be $125.00 for each building; or
$7.10 a front foot of the property frontage in those situations
referred to in subsections "A" and "B" when the commercial or
multiple dwelling building, or buildings, are to be connected
directly to any sewer constructed by the City or County pur-
suant to contract or financed by said City or County or con-
structed by any person other than the person connecting.
C. $7.10 per front foot of the property frontage when either a
multiple dwelling building or a commercial building, contain-
ing only one retail business, situated on a separate parcel
is to be connected to any sewer constructed by the City or
County pursuant to contract or financed by said City or
County or constructed by any person other than the person
connecting.
Page 5780
III. In the case of Industrial buildings used for manufacturing,
fabricatirg, warehouse or any other industrial purposes for which
a building permit has not been issued prior to December 1, 1958,,
the following connection rates shall be paid:
A. $1.50 per front foot of the building frontage for each
building when the building is to be connected to any sewer,
whether in private or public property, constructed by the
applicant or the person from whom the applicant purchased
the property, provided, however, that for each industrial
building, the minimum connection charge for connection to
the Sewage Disposal System shall be $125.00; and furthers
that in the case of aly industrial building which exceeds
one hundred (100) feet in average depth, the rate prescribed
above shall be adjusted and collected in accordance with
the following schedule:
Depth of Building Connection Rate
More than 100 feet and less than 200 feet $3.00 per front foot
More than 199 feet and less than 300 feet $4.50 per front foot
300 or over $5.50 per front foot.
B. $7.10 per front foot of the property frontage when the
industrial building is to be connected to any sewer con-
L
structed by the City or County pursuant to contract or
financed by said City or County or constructed by any person
other than those referred to in subsection "A" above.
Section 3.L . Method and Time of Payment. Except where specifically
provided otherwise, all connection charges shall be paid in cash either
(a) at the time the building permit is requested for the construction of a
new building, or (b) at the time permit is requested for a connection to
the sewage disposal system, whichever permit is hereafter first requested.
Section 3.5. All connections to the Sewage Disposal System shall be
made by and at the expense of the property owner or user so connecting subject
to any rules and regulations therefor now or hereafter established by the City,
and subject to inspection and approval prior to use. Permit for such con-
nection shall be obtained in advance from theCity„ and the property owner or
user making such connection shall pay all inspection charges now or hereafter
established by the City prior to the use thereof.
Section 2. Ordinance No. 254 is hereby repealed as of the date that this
ordinance takes effect and 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. The adoption of this ordinance, however, shall not affect or prevent any
pending or future prosecution based on any ordinance section or provision herein
repealed or amended. The adoption of this ordinance shall not be deemed to nor shall
it discontinue, abate, modify, alter or in any way affect or waive any right of the
City of Livonia under any section or provision of the ordinances, or pats thereof,
herein repealed or amended existing on the effective date of this ordinance nor any right
of the City under any determination or action by any official, department, board or
commission of the City made pursuant to any ordinance section or provision herein
repealed.
Page 5781
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 remain-
ing portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Kleinert introduced the following Ordinance:
AN ORDINANCE AMENDING ORDINANCE NO. 224 OF THE CITY OF
LIVONIA, KNOWN AS THE "LIVONIA SEWAJE DISPOSAL SYSTEM
ORDINANCE," BY AMENDING SECTION 6.2 OF ARTICIE VI
THEREOF.
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 6.2 of Article VI of Ordinance No, 224 of the City of
Livonia known as the "Livonia Sewage Disposal System Ordinance," is hereby amended
to read as follows:
Section 6.2. The City Council may by resolution establish special
sewage disposal rates, if the same is recommended by the Water and Sewer
Board, where sewage disposal service is furnished to users not connected
to the water supply system, or in those cases where a particular user makes
use of unusually large quantities of waterwhich may be discharged into
stone sewers, or in other cases where the user of water can show, and the
Board and City Council finds, special or unique circumstances for Which
special consideration should be given.
The City Council may by resolution also establish special rates, if
the same is recommended by the Water and Sewer Board, where the user or
applicant for permit to connect to the Sewage Disposal System can show
and the Board and City Council finds, special or unique circumstances which
in their judgment would make the application of any of the other several
rates established in this ordinance inequitable.
Section 2. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extant 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
meeting of the Council.
Councilman ulcirert introduced the following Ordinance:
Page 5782
AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO, 344 OF
THE CITY (F LIVONIA ENTITLED "AN ORDINANCE ESTABLISHING
AND FIXING CONNECTION RATES TO USERS AND BENEFICIARIES
OF THE ROUGE VALLEY SEWAGE DISPOSAL SYSTEM OF THE COUNTY
OF WAYNE, AND PROVIDING FOR THE ALLOCATION AND USE OF
THE REVENUES DERIVED FROM THE COLLECTION OF SUCH RATES."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 3 of Ordinance No. 3)4 of the City of Livonia entitled
"An Ordinance Establishing and Fixing Connection Rates to Users and Beneficiaries of
the Rouge Valley Sewage Disposal System of the County of Wayne, and Providing for the
Allocation and Use of the Revenues Derived from the Collection of Such Rates," is
hereby amended to read as follows :
Section 3. Method aid Time of Payment. Except as hereinbefore
otherwise provided, such Wayne County connection rate shall be paid in
cash either (a) at the time the building permit is requested for the
construction of a new building, or (b) at the time the permit is requested
for conne ction to any of the sanitary sewers or facilities located within
the corporate limits of the City, whichever permit is hereafter first
requested.
Section 2. All ordinances or parts of Ordinances in conflict herewith are
L. 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
meeting of the Council.
By Councilman McNamara, seconded by Councilman Daugherty and unanimously
adopted, it was
#913-62 RESOLVED that, having considered the report and recommendation
dated November 16, 1962, from the Chief City Engineer, approved by the
Director of Public Works, submitted pursuant to resolution #555-62, re-
garding the cost of cleaning out theTarabusi Drain, the Council does
hereby concur with the recommendation of the Chief City Engineer that this
project be authorized by the Council for application to the Community
Facilities Administration for a grant under the Federal Public Works
Acceleration Act.
By Councilman Dooley, seconded by Councilman Parks and unanimously
adopted, it was
Paye 5783
#91)1-62 RISOLVED that, the report dated November 23, 1962, from the
Department of Law, submitted pursuant to resolution #604-62, regarding
the status of acquiring property at Joy Road and Harrison Avenue, be
received and placed on file for the information of the Council.
By Councilman Daugherty, seconded by Councilman McNamara and unanimously
adopted, it was
#915-62 RESOLVED that, having considered the request dated November 23,
1962, from the Rouge Building Company, 10450 Triest Nine Mile Road, Oak Park,
Michigan, for a refund from the Tree Fund established for the Burton Hollow
Estates Subdivision No. 3, the Council does hereby refer the same to the
Engineering Division and the Parks and Forestry Division for their
respective reports and recommendations.
By Councilman McNamara, seconded by Councilman Kleinert, it was
#916-62 RESOLVED that, having considered the communication dated Novem-
ber 23, 1962, from Kenower„ MacArthur z Company, Ford Building, Detroit 26,
Michigan, which contains an agreement covering the proposed services of
such company as financial counsel in connection with the proposed financing
of sanitary sewers on Plymouth and Schoolcraft Road, the Council does hereby
accept such proposal, approves of the agreement contained in the aforesaid
communication and authorizes the Mayor and City Clerk to indicate this
acceptance by affixing their signatures to such communication.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara, Daugherty and Bagnall.
NAYS: None.
By Councilman McNamara, seconded by Councilman Daugherty, it was
#917-62 RESOLVED that, the letter dated November 5, .11-,62, from Wm. W.
Brashear regarding pension status, be tabled to the next regular meeting
of the Council.
*Councilman James R. McCann arrived at 8:40 F. M.
A roll call vote was taken on the fore-,oing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall.
NAYS: None.
By Councilman Dooley, seconded by Councilman Kleinert and unanimously
adopted, it was
#918-62 RESOLVED that, having considered the petition dated November 30,
1962, from residents of Laurel Street asking that a portion of that street
be taken over as a public street, such petition is hereby referred to the
Engineering Division for its report and recommendation.
Page 5784
By Councilman Parks, seconded by Councilman Kleinert, it was
#919-62 RESOLVED that, having considered the report and recommendation
dated November 29, 1962, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #758-61, adopted on October 23, 1961, as subsequently amended
by resolution #790-61, adopted on November 13, 1961, and #L157-62 adopted
on June 13, 1962, so as to reduce the bond for remaining improvements in
Kimberly Oaks Estates Subdivision No. 2 to $3,000.00 of which at least
$1,000.00 shall be in cash, to cover the cost of remaining improvements in
said subdivision; 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: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall.
NAYS: None.
By Councilman McNamara, seconded by Councilman Daugherty, it was
#920-62 RESOLVED that, the report and recommendation dated November 29,
1962, from the Chief City Engineer regarding a reduction in bond for
Kimberly Oaks Estates Subdivision No. 3, be tabled pending a further report
and recommendation from the Chief City Engineer at the next regular meeting.
A roll call vote was taken on the foregoing resolution with the following result:
AYE 5 Parks, Kleinert, McNamara, McCann, Daugherty and Bagnall.
NAYS: Dooley.
The President declared the resolution adopted.
By Councilman Dooley, seconded by Councilman Parks and unanimously
adopted, it was
#921-62 RESOLVED that, having considered the report and recommendation
dated November 9, 1962, from the City Planning Commission in connection
with Petition No. Z-567 submitted by Mr. James Tringali for change of
zoning in the Southeast 1/4 of Section 25 from h-l-B to P-1, the Council
does hereby deny such petition without prejudice, for the reason that the
petitioner has withdrawn such petition by his letter dated October 4, 1962.
By Councilman Kleinert, seconded by Councilman Parks and unanimously
adopted, it was
#922-62 RESOLVED that, having considered the report and recommendation
dated November 9, 1962, from the City Planning Commission in regard to
Petition No. 1-568, as amended, submitted by Tom's Northwood Market, Inc.,
for change of zoning in the Northeast 1/4 of Section 11 from RUFA and P-1
Page 5785
to C.1, the Council does hereby concur with the recommendation of the City
Planning Commission and Petition No. Z-568, as amended, 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.
By Councilman Kleinert, seconded by Councilman McNamara and unanimously
adopted, it was
#923-62 RESOLVED that, having considered the report and recommendation
dated November 8, 1962, from the City Planning Commission in connection
with Petition No. Z-569 submitted by Leo Stein for change of zoning in the
Northwest 1/4 of Section 11 from R-1-A to PS, the Council does hereby
concur with the recommendation of the Planning Commission and the said
Petition No. Z-569 is hereby denied for the following reasons:
(1) The requested zoning classification would not be in harmony
with either the comprehensive zoning map of the City nor the master
plan of the City;
(2) The requested zoning classification would create an island of
business zoning in a surrounding area already developed, zoned and
used for residential purposes;
(3) The requested zoning classification would permit uses likely
to interfere with the peaceful use and enjoyment of existing
residential properties and uses;
(4) The requested zoning classification, if granted, would thwart the
purposes of the comprehensive zoning plan and encourage a hodgepodge
development of this portion of the community in a manner destructive
of sound principles of planning and zoning.
By Councilman Parks, seconded by Councilman Kleinert and unanimously
adopted, it w4s
#924-62 RESOLVED that, having considered the report and recommendation
dated November 9, 1962, from the City Planning Commission in connection
with Petition No. 1-572 submitted by Woodrow Ashley for change of zoning
in the Northeast 1/4 of Section 2 from RUFB to R-2, the Council does hereby
concur with the recommendation of the City Planning Commission and Petition
No. Z-572 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.
By Councilmai McNamara, seconded by Councilman Parks, it was
Page 5786
#925-62 RESOLVED that, having considered the report and recommendation
dated November 28, 1962, from the City Planning Commission in connection
with Petition No. Z-575 initiated by the City Planning Commission on its
own motion, for change of zoning in the Northeast 1/4 of Section 26 from
RUFB, C-2 and P to M-1, the Council does hereby concur with the recom-
mendation of the Planning Commission and the said Petition No. Z-575 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 pre-
pare an ordinance unending Ordinance No. 60 in accordance with this
resolution.
The President relinquished the Chair to the Vice President at 9:11 P. M., to speak
on the motion.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McCann, Bagnall and McNamara.
NAYS: Daugherty.
The Vice President declared the resolution adopted.
At 9:14 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, including
Councilnal McCann, the President of the Council presiding.
By Councilman Dooley, seconded by Councilman McNamara, it was
#926-62 RESOLVED that, the application of Dennis Corporation of 35454
Elm Street, Wayne, Michigan, for license to operate a Drive-In Theater
in the City of Livonia, which applicatioh is dated June 27, 1962, is
hereby denied for the following reasons :
1(a). That City of Livonia Ordinance No. 193, Section 5,
subsection (a), provides that "notwithstanding any other provision
of this ordinance, no Drive-In Theater shall be erected, or used as
such unless the City Planning Commission, after holding a public
hearings certifies such proposed use as being not injurious to the
surrounding neighborhood and not contrary to the spirit and purpose
of the Zoning Ordinance, and provided further, that any action of
the City Planning Commission shall be subject to the approval or
disapproval of the City Council".
1(b). That, the City of Livonia Planning Gamnission, following
a public hearing held July 3, 1962, and on said dates adopted a
resolution, being its resolution No. 7-142-62, which resolution
provides, among other things, that said Planning Commission ".
does hereby certify that such proposed use is not injurious to the
surrounding neighborhood and not contrary to the spirit and purpose
of the Zoning Ordinance provided that the following design require-
ments are met:
Page 5787
"(1) that a deceleration lane of such length and width as is
acceptable to the State highway Department be provided by the
applicant;
"(2) that a left turn lane be provided in front of the entrance
with additional paving on either side of Plymouth Road if acceptable
to the State Highway Department;
"(3) that the entrance be redesigned to store at least 150 autos,
thereby preventing traffic from backing up on Plymouth Road during
peak loads at the theatre;
"(Li) that the proprietor shall have the option of providing either
private police officers to facilitate the exiting of autos at the
end of each show or of providing a dual traffic signals at the
drive-in exit and at Milburn which can be actuated from the Ticket
Booth if this arrangement is acceptable to the State tighway Depart-
ment;
9(5) that the proprietor shall arrange to discharge patrons at such
times that it will not conflict with the movement of vehicles from
the Ford Parts Depot at the end of any shift.
"In addition, the petitioner shall be required to comply with sub-
section (j) of Ordinance 193 requiring two means of exits. If the
City Attorney is of the opinion that in this case the entrance may
be counted as one such exit, the petitioner has complied. Otherwise
the petitioner will be required to obtain an additional exit on
Merriman Road.
"Also, such other conditions as may be required by the Traffic Com-
mission, and . . ."
1(c). That the aforesaid resolution of the Planning Commission
does not meet the requirements of said Ordinance No. 193 in that it is
a conditional certification not provided for in said ordinance.
2. That applicant, Dennis Corporation, has submitted to the
Council its "Plan of Proposed Drive-In Theatre," dated "June, 1962,
revised July, 1962," stamped as having been received by the City of
Livonia Clerk "July 27, 1962," which plan proposes the following
construction features in violation of said. Ordinance No. 193:
(a) Exits are planned to only one street, to wit,
Plymouth Road, whereas Section 8, subsection (j),
requires exits to more than one street; and further
that it was the intent of this Council to require
exits to more than one street.
(b) Said subsection of said ordinance requires more than
one exit, provided that "the entrance may be regarded
as one of the available exits if one lane of the
entrance is kept clear of parked vehicles at all times;"
further, that said plan indicates an intent to store
Page 5788
cars in all entrance lanes and no one lane is designated
as a proposed exit lane wherein no cars shall be parked;
further, that said subsection of said ordinance provides
that "drives shall be chaanelized and limited to not
more than four lanes" and in violation thereof said plan
provides an entrance drive consisting of eight lanes.
3. That the applicant has provided this body with no evidence
of adequate provision for the following things as required by Section
8 of said ordinance:
(a) Sanitary facilities
(b) Hard surfacing of parking area or proposed method
of minimizing dust
(c) Lighting system
(d) Electrical system
(e) Wall or fence surrounding property and landscaping
(f) Loud speakers.
4. That, it is the conviction of this body that the operation
of the proposed Drive-In Theatre, at the proposed site, with the pro-
posed facilities for discharging its traffic, as evidenced by said
plans as submitted, will cause undue traffic congestion on Plymouth
Road in the vicinity of the proposed Drive-In Theatre, and an
unwarranted hazard to the health, welfare and safety of the citizens
of Livonia and other persons driving on Plymouth Road.
5. That Ordinance No. 355, Section 14.03, provides "In all M-1
Districts no buildings shall be erected or used, or land used, in
whole or in part, for any one or more of the following uses: • • •s"
further, that of the uses so prohibited, subsection (i) prohibits
"all commercial and professional use unless the same is strictly
incidental to the principal use permitted in Section 14.02 of this
ordinance," further that the operation of a Drive-In Theatre is a
commercial use and a prohibited use in an M-1 zone.
6. That this Council cannot license a person, firm or corporation
to operate a non-existent Drive-In Theatre with non-existent facilities.
The President relinquished the Chair to the Vice President at 10:14 P. M., to speak
on the motion.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McCann,Bagnall, Daugherty and McNamara.
NAYS: None.
The Vice President declared the resolution adopted.
The President resumed the Chair at 10:16 P. M.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
Page 5789
#927-62 RESOLVED that, the Council does hereby acknowledge receipt of
the recommendation dated November 9, 1962, from the City Planning Com-
mission in connection with Petition No. V-69, and the same is hereby
denied without prejudice in view of the fact that the petitioner, by
letter dated October 12, 1962 to the City Council, did withdraw such
petition.
By Councilman Daugherty, seconded by Councilman Parks and unanimously
adopted, it was
#928-62 RESOLVED that, having considered the report and recommendation
dated November 9, 1962, from the City Planning Commission in connection
with Petition No. V-70 submitted by Carl Waara requesting the vacating
of a north-south alley lying between Farmington and Westmore Avenue in
the Southwest 1/4 of Section 3, the Council does hereby concur with the
recommendation of the City Planning Commission and the said Petition No.
V-70 is hereby denied for the following reasons:
(1) The closing of such alley would work a severe hardship on
adjoining property owners who are dependent upon such alley for
a means of ingress and egress;
(2) The vacating of such alley would not serve either the interest
of the City nor the interest of the majority of the property
owners adjacent thereto;
(3) The nature and extent of public utilities located in such
alley requested that the alley not be vacated.
By Councilman McNamara, seconded by Councilman McCann and unanimously
adopted, it was
#929-62 RESOLVED that,having considered the letter dated November 24,
1962, from Mrs. William K. Fitzpatrick, 32519 Washington, Livonia, Michigan,
inquiring as to the adequacy of present civil defense warning facilities,
the Council does hereby refer the same to the Director of Civil Defense
for his study, report and recommendation.
By Councilman Parks, seconded by Councilman Dooley and unanimously
adopted, it was
#930-62 RESOLVED that, having considered the communication dated Novem-
ber 27, 1962, from Mrs. John E. White, 27649 Long Avenue, Livonia, Michi-
gan, with reference to a certain ambulance trip to St. Mary Hospital in
Livonia, and having considered also the comments of Mrs. White and the
Police Chief at the December 5, 1962 study session, the Council does
hereby determine to reject the claim of Mrs. White for expenses incurred
as a result of services rendered by the St. Mary's Ambulance Service, Inc.,
this disposition of such matter being made because it is the Councilts
determination that the claim as presented is insufficient to establish any
responsibility on the City of Livonia and in view of the further fact
admitted by Mrs.White that the St. Mary's Ambulance Service, Inc., did
offer to make a refund of charges collected for its services.
Page 5790
By Councilman Kleinert, seconded by Councilman Parks, it was
#931-62 RESOLVED that, the period within which taxes due December 1, 1962,
may be paid without penalty, is hereby extended until 5:00 P. M., Thursday,
February 28, 1963.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall.
NAYS: None.
Councilman McNamara introduced the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 2 AND 4 OF ARTICLE II OF
ORDINANCE NO. 305 ENTITLED "AN ORDINANCE TO REGULATE THE
CONSTRUCTION AND MAINTENANCE OF PRIVATE OUTDOOR SWIMMING
POOLS IN THE CITY OF LIVONIA AND TO LICENSE THE OPERATION
OF PRIVATE SWIMMING POOL CLUBS IN THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Sections 2 and 4 of Article II of Ordinance No. 305, entitled
"An Ordinance to Regulate the Construction and Maintenance of Private Outdoor Swimming
Pools in the City of Livonia and to License the Operation of Private Swimming Pool
Clubs in the City of Livonia," are hereby amended to read as follows:
Section 2. Application for Permit.
(a) Application to Construct a Home Owners' Pool. Application for a
home owner's pool shall be made to the Bureau of Inspection and shall state
and show the following:
1) The name of the owner:
2) The location of the proposed swimming pool;
3) Detailed information indicating the size, depth and
capacity of the proposed swimming pool; and
L ) Such other information as may be necessary and required
for the protection of the public health and safety.
There shall also be filed, together with the application, a plot plan of the
property on which the swimming pool is to be located showing the dimensions
of the property in detail, the outside dimensions of the swimming pool and
the respective distances from the perimeter of the pool area to the various
property lines of the parcel. There shall also be submitted with the ap-
plication complete information as tothe proposed fencing of the pool and
the location and number of fence gates. Before any permit shall be issued
all such information shall be approved by the Bureau of Inspection as
complying with the provisions of this ordinance.
(b) Application for Club Pool; Limitation. Where the applicant for a
building permit is a private swimming club or similar organization, in every
case such organization shall as a condition precedent to receiving a build-
ing permit have provided in its by-1 ws that membership in the club or
Page 5191
organization has been restricted exclusively to bona fide residents of the
City of Livonia and in this connection a duly authorized representative of
such club or organization shall submit an affidavit under oath that the
entire membership of the applicant club or organization is and shall be
composed only of bona fide residents of the City of Livonia and that such
restriction is set out in the by-laws of the club or organiation.
(c) Application to Construct a Club Pool. Application to construct a
club pool shall be made to the Bureau of Inspection in the name of the
private swimming pool club or organization and shall be accompanied by a
certified copy of the Articles of Incorporation and By-Laws of the private
swimming pool club or organization, and plot plans, development plans and
such other information as will enable the Bureau of Inspection to determine
whether or not the proposed use complies with all requirements of this
ordinance and the Zoning Ordinance, as amended. No building permit shall
be issued unless and until there has been full compliance with all of the
requirements of this ordinance and the Zoning Ordinance, as amended.
Section 4. Location.
Ca) Home Owner's Pool. Home owner's swimming pool may be erected in
the side or rear yard, provided no part thereof shall approach nearer than
ten (10) feet from the side or rear lot lines. No such pool or part thereof
shall be installed within fifty (50) feet of any street right-of-way line,
except in the case of side streets in which case such pool may not be within
twenty-five (25) feet of such side street.
(b) Club Pool. Club pools shall be located and erected in compliance
and in accordance with the provisions of the Zoning Ordinance, as amended.
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 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 Kleinert, seconded by Councilman McNamara and unanimously
adopted, it was
#932-62 RESOLVE that, the Department of Law is hereby re quested to
submit as soon as possible to the City Council a report indicating the
present status of the City's option agreement to purchase the balance of
the property adjacent to the City's landfill site together with informa-
tion regarding any possible terms which may be available to the City in
conne ction with exercising such option other than those provided for in
the present contract with the owners.
Page 5792
Councilman McNamara introduced the following Ordinance:
AN ORDINANCE AMENDIN3 SECTION 26 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 CF LIVONIA, BY ADDING THERETO SECTION 3.339.
THE CITY (F LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission
dated November 28, 1962, on Petition Z-575 having been considered by the Council, the
Council hereby adopts said petition to amend the Zoning Ordinance and the Zoning Map
of the City of Livonia, and all proceedings heretofore conducted on said petition 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 section.
Section 3.339. Petition No. Z-575 submitted by the City Planning
Commission is hereby granted and the zoning classification of the premises
hereinafter described is hereby changed from RUFB, C-2 and P to M-1 as
requested in said petition:
That part of the northeast quarter of Section 26, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan, described
as beginning at a point distant south 89° 56' west 906.53* and
south 202.0* from the northeast corner of Section 26 and pro-
ceeding thence south 75.0*, thence north 890 56* east 130.0*
thence south 125.0' then south 890 56, west 1216.07', then north
200.0' thence north 890 561 west 1086.07* to the point of
beginning.
and the northeast quarter of Section 26 of the Zoning Map is hereby amended
to conform to the change made in this section.
Section 3. The attached map designated «Amendment No. 96 of the Zoning Map
of the City of Livonia," showing all of the amendments and changes made in the fore-
going Section 2 of this Ordinance is hereby approved, established and made 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 McNamara, seconded by Councilman Dooley, it was
Page 5793
#933-62 RESOLVED that, the Council having previously tabled the matter
of a reduction of bond for Kimberly Oaks Estates Subdivision No. 3, in
resolution #920-62, does hereby place this matter up for reconsideration.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall.
NAYS: None.
By Councilman McNamara, seconded by Councilman McCann, it was
#93! -62 RESOLVED that, having considered the report and recommendation
dated November 29, 1962, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #18-62, adopted on January 8, 1962, as subsequently amended by
resolutions #283-62 adopted on April 16, 1962, #458-62, adopted on June 13,
1962, and #636-62 adopted on August 15, 1962, so as to reduce the bond for
remaining improvements in Kimberly Oaks Estates Subdivision No. 3 to
$13,500.00, of which at least $1,350.00 shall be in cash, to cover the
cost of remaining improvements in said subdivision; 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: Parks, Kleinert, Dooley, McNamara, McCann, Daugherty and Bagnall.
NAYS: None.
On motion of Councilman Dooley, seconded by Councilman McCann and
unanimously adopted, this 389th regular meeting of the Council of the City of
Livonia was duly adjourned at 10:t0 P. M., December 12, 1962.
Mar'- ^ Clark, City Clerk