HomeMy WebLinkAboutCOUNCIL MINUTES 1961-09-25 Page 4974
MINUTES OF THE THREE HUNDRED FORTY-FOURTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 25, 1961, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President of the Council at ap-
proximately 8:3)4 P. M. Councilman Grant 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, Jack Salvadore and James R. McCann.
Absent-- None.
By Councilman Ponder, seconded by Councilman Kleinert and unanimously
adopted, it was
#654-61 RESOLVED that, the minutes of the 343rd regular meeting of the
Council of the City of Livonia, held September 18, 1961, are hereby ap-
proved.
By Councilman Kleinert, seconded by Councilman Grant and unanimously
impadopted, it was
#655461 RESOLVED that, having considered the resolution adopted by the
Election Commission on September 18, 1961, containing the recommendation
of that Commission that the number of precincts in the City of Livonia be
increased, the Council does hereby direct the Department of Law to prepare
the necessary ordinance which would increase the number of voting pre-
cincts in the City of Livonia from its present twenty-six (26) precincts
to fifty-three (53) precincts in accordance with the aforementioned resolu-
tion and the map referred to therein.
By Councilman Kleinert, seconded by Councilman oalvadore and unanimously
adopted, it was
#656-61 RESOLVED that, having considered the letter from the Mayor,
dated September 15, 3961, the Council does hereby reiterate its request
in resolution #1143-60 to The Detroit Edison Company to make cost and
construction estimates for lighting on Middlebelt Road from West Chicago
on the south to School.craft Road on the north, it being the intention of
the Council to order such street lighting if the details of construction
and financing appear satisfactory; and the City Clerk is hereby requested
to immediately transmit a copy of this resolution to The Detroit Edison
Company.
The Deputy City Clerk read a letter dated September 25, 1961, from the
Mayor regarding an appointment to the City Planning Commission, which was placed
on the agenda for the next Council meeting, at the request of the Council President.
Page 1975
A report from the Legislative Committee, given by Councilman Ponder,
ImsChairman, was received and placed on file.
By Councilman Ponder, seconded by Councilman McCann and unanimously
adopted, it was
#657-61 RESOLVED that, having considered the report of the Legislative
Committee, dated September 20, 1961, the Council does hereby direct the
Department of Law to redraft the proposed ordinance amending Ordinance
No. 12, so as to be consistent with the revisions mentioned in the afore-
said report and to thereafter submit the same to the Council for intro-
duction and adoption.
By Councilman Ponder, seconded by Councilman Daugherty and unanimously
adopted, it was
#658-61 RESOLVED that, in accordance with the report of the Legislative
Committee, dated September 20, 1961, the Council does hereby determine to
take no action at this time on the proposed ordinance establishing a
Department of Civil Defense and refers the same back to the Director
of Civil. Defense for further revision.
Councilman Ponder introduced the following Ordinance by title only:
AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESChIBING
REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND
PROPERTY FROM FIRE OR EXPLOSION, AND THm ESTABLISHING OF
A BUREAU OF FIRE PR:,VENTION AND PROVIDING OFFICERS THERE-
FOR AND DEFINING THEIR POWERS AND DUTIES.
THE CITY OF LIVONIA ORDAINS:
Section 1. Adoption of Fire Prevention Code. There is hereby adopted by
the City of Livonia for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire or explosion, that certain code published
and established as the Fire Prevention Code recommended by the National Board of
Fire Underwriters, being particularly the 1960 Edition thereof, as amended, and the
whole thereof, save and except such portions as are hereinafter deleted, modified
or amended, of which code not less than fifty (50) copies have been and are now
filed in the Office of the City Clerk, and the same are hereby adopted and incorporated
as fully as if set out at length herein, and from the date on which this ordinance
shall take effect the provisions thereof shall be controlling within the limits of
the City of Livonia.
Section 2. Establishment and Duties of Bureau of Fire Prevention.
(a) The Fire Prt vention Code shall be enforced by a Bureau of Fire
Prevention which is hereby established within the Fire Department of
the City of Livonia and which shall be operated under the supervision
of the Chief of the Fire Department.
Page 4976
(b) The Fire Department officer appointed in charge of the Bureau of
Fire Prevention shall be designated the Fire Marshal of the City of Liunia.
(c) The Chief of the Fire Department may detail to the Bureau of Fire
Prevention such members of the Fire Department as shall from time to time
be necessary for the purpose of inspecting premises and otherwise aiding
in the enforcement of this ordinance.
(d) Plans and specifications of all buildings shall be submitted by the
Building Department to Fire Marshal's office for their recommendations before
a building permit is issued, except single family residences.
Section 3. Definitions. The following terms when used in this ordinance
and in the Fire Prevention Code shall_ have the respective meanings as set forth in
the definitions given below:
(a) "Municipality" shall mean the City of Livonia;
(b) "Chief of the Bureau of Fire Prevention" shall mean the
Fire Marshal of the City of Livonia;
(c) "Director of Public Safety" shall mean the Director of Public
Safety of the City of Livonia;
(d) "City Clerk" shall mean the City Clerk of the City of Livonia;
(e) "Fire Department" shall mean the Fire Department of the City
of Livonia.
Section 4. Establishment of Limits of Districts in which Storage of
Flammable Liquids in Outside Aboveground Tanks is to be Prohibited.
(a) The limits referred to in Section 16.22-a of the "Fire Prevention
Code" in which storage of flammable liquids in outside aboveground tanks
is prohibited, are hereby established as follows:
Storage tanks for Class I and Class II flammable liquids are
prohibited in all districts and sections of the municipality,
except as noted:
(1) Approved skid tanks for construction purposes may be
approved when application is made in writing for a permit
from the Building Department.
(2) Except a U.L. approved farm storage tank of 275 gallon,
or less, capacity may be permitted, when requested by ap-
plication for permit from the Building Department, in
sections and districts designated as having an AG zoning
classification by the existing Zoning Ordinance, as amended,
and Zoning Map of the City of Livonia.
lis (b) The limits referred to in Section 16.51 of the "Fire Prevention
Code" in which new bulk plants for flammable liquids are prohibited, are
hereby established. as follows:
Page 4977
Bulk plants for the storage of flammable liquids are prohibited
in all districts and sections of the municipality except those
Imo sections and districts designated as having an M-2 zoning classifi-
cation by the existing Zoning Ordinance, as amended, and the Zoning
Map of the City of Livonia.
Section 5. Establishment of Limits in which Bulk Stora:e of Li•uefied
Petroleum Gases is to be Restricted. he limits referred to in Section 1. -a of the
"Fire Prevention Code" in which bulk storage of liquefied petroleum gas is restricted
are hereby established as follows:
The bulk storage of liquefied petroleum gas is hereby restricted
in those sections and districts of the municipality designated as
having a zoning classification of R-1, RUF, C-1, or C-2 by the
existing Zoning Ordinance, as amended, and the Zoning Map of the
City of Livonia.
Section 6. Additions, Insertions Deletions and Changes made in the "Fire
Prevention Code." The "Fire Prevention Code" is hereby amended and changed in the
following respects:
(a) Article 1, General Provisions, shall have Section 1.15 added
thereto as follows:
Section 1.15. Relief from Personal Responsibility. The Fire Chief,
the Chief of the Bureau of Fire Prevention or employees charged with
the enforcement of the National Fire Prevention Code, while acting
for the municipality, shall not thereby render himself liable
personally, and he is hereby relieved from all personal liability
for any damage that may occur to persons or property as a result
of any act required or permitted in the discharge of his official
duties. Any suit instituted against any officer or employee be-
cause of an act performed by him in the lawful discharge of his
duties and under thepr ovisions of the National Fire Prevention
Code shall be defended by the legal representative of the muni-
cipality until the final termination of the proceedings. In no
case shall the Fire Chiefs Chief of the Bureau of Fire Prevention
or any of their subordinates be liable for costs in any action,
suit or proceeding that may be instituted in pursuance of the
provision of the National Fire PreventionCode; and any Officer
of the Fire Department or Bureau of Fire Prevention, acting in
good faith and without malice, shall be free from liability for
acts performed under any of its provisions or by reason of any
act or omission in performance of their official duties in
connection therewith.
(b) Article 14, Fire Protection Equipment, Section 14.6 shall be
amended to read as follows:
Section 14.6. Sprinkler and Alarm Systems Required.
(a) Except as provided in paragraph (b) below, buildings
which are occupied above the }weights permitted by the following
table shall be equipped with approved automatic sprinkler
systems.
Page 4978
Occupancy Classification Height in Stories
Ordinary Wood game
C ons truc ti on Cons tructi on
Institutional Buildings 3 2
(Note: Except, however, those buildings housing occupants
bedridden or involuntarily detained, including hospitals
and convalescent homes, shall be equipped with approved
automatic sprinkler systems regardless of building height.)
Residence Buildings, other
than multi-family houses
and dwellings, 4 3
(b) Bt l dings may be occupied one story higher than specified in (a)
above without sprinklers if equipped with an approved automatic fire
alarm system.
(c) Article 21. Liquefied Petroleum Bases, Section 21.6, Subsections a
and b shall be amended to read as follows:
Section 21.6 Location of Containers
(a) Within the limits established by law restricting the bulk
storage of liquefied petroleum gas for the protection of heavily
populated or congested commercial areas, the aggregate capacity of
any one installation shall not exceed one thousand (1000) gallons
water capacity, except that in particular installations this capacity
limit may be altered at the discretion of the Chief of theBureau of
Fire Prevention after consideration of special features such as
topographical conditions, nature of occupancy and proximity to
bui]dings, capacity of proposed tanks, degree of private fire pro-
tection to be provided, and facilities of the local fire department.
Said installations provided for in this section shall in no event
be located less than three (3) feet from one another, and in no case
shall an installation for the bulk storage of liquefied petroleum
gas be maintained underground.
(b) Multiple container installations with a total storage water
capacity of more than 180,000 gallons (150,000 gallons LPGas capacity)
shall be subdivided into groups containing not more than 180,000 gallons
in each group. Such groups shall be separated by a distance of not
less than fifty (50) feet, unless the tanks are: (1) protected with
approved insulation on such areas that may be subject to impingement
of ignited gas from pipelines or other leakage, or (2) protected by
fire walls of approved construction, or (3) protected by an approved
system for application of water, or (4) protected by other approved
means. Where one of these forms of protection is provided, the
separation shall not be less than twenty-five (25) feet between such
container groups. In no case shall an installation for the bulk
storage of liquefied petroleum gas be maintained underground.
(d) Article 25, Oil Burning Equipment, oection 25.8, shall be amended
to read as follows:
Page 4979
Section 25.8. Design, Construction and Installation of Fuel Oil Tanks
imwSubsection c. An unenclosed inside fuel oil supply tank shall
have a capacity of not more than 275 gallons. Not more than two (2)
such tanks shall be connected to one (1) oil burning appliance and
the aggregate capacity of such tanks installed in the lowest story,
cellar or basement of a building shall not exceed five hundred fifty
(550) gallons unless separation is provided for each aggregate capacity.
Such separation shall consist of an unpierced masonry wall or partition
extending from the lowest floor to the ceiling above the tanks and hav-
ing a fire resistance rating of not less than two (2) hours.
(e) Article 27, Places of Assembly, shall be amended so as to add Section 27.12
thereto as follows:
Section 27.12. Certain Fire Extinguishers Prohibited.
(a) No person shall use, install for use or allow to remain in-
stalled for use in any place ofpublic assemblage, public or private
school, hospital, institution, business or office building, multiple
dwelling, jail, nursing or convalescent home, detention home, school
bus or any motor vehicle used for the transportation of passengers
for hire any fire extinguisher or fire extinguishing device contain-
ing an active agent having a level of vapor toxicity equal to or
greater than any of the following listed materials:
ibm1) Carbon Tetrachloride, CCL4
2) Chlorobromomethane, CH2BrCL
3) Azeotropic Chlormethane, CA-7
4) Dibromodifluorcmethane, CBr2F2
5) 1,2-Dibromo-2-Chloro-1, 1,2-Trifluoroethane, Cbr-F20Br-CLf
6) 1,2-Dibromo-2, 2-Di fluoroethane, CH2BrCBrF2
7) Methyl Bromide, CH3Br
8) ethylene Dibromide, CH2BrCH2Br
9) Hydrogen Bromide, HBr
10) Methylene Bromide, CH2B r 2
11) Bromodifluoromethane, CHBrF2
(b) No person shall sell, give or offer for sale to any person
any fire extinguisher or fire extinguishing device containing or
designed to contain any active agent prohibited by this section if
such fire extinguisher or fire extinguishing device is intended for
installation and use in any building or motor vehicle referred to in
this section above, "or is a grenade type or fusible link released
device for umin a manufacturing or factory building where its vapors
will be released into the atmosphere."
Page 1980
(c) Fire extinguishers or fire extinguishing devices containing
any active agent prohibited by this section that are presently in-
stalled and maintained for use in any building or motor vehicle
referred to in this section shall not be continued in use after
January 1, 1962.
(d) Upon the presentation of satisfactory evidence to the Chief
of the Fire Prevention Bureau that any fire extinguisher or fire ex-
tinguishing device does not contain an active agent referred to in the
above section, the material shall be deleted from the list.
Section 7. Modifications. The Building Code Board of Appeals shall have
the power to modify any of the provisions of the Fire Prevention Code upon applica-
tion in writing by the owner or lessee or his duly authorized agent when there are
practical difficulties in the way of carrying out the strict letter of the code;
provided, that the spirit of the code shall be observed, !:ublic safety secured and
substantial justice done. The particulars of such modification, when granted or
allowed, and the decision thereon, shall be entered upon the records of the Fire
Department and a sipped copy shall be furnished to the applicant.
Section 8. A�pealls. Whenever the Chief of the Fire Department shall dis-
approve an application or refuse to grant a license or permit applied for, or when it
is claimed that the provisions of the code do not apply or that the true intent and
meaning of the code have been misconstrued, or wrongly interpreted, the applicant may
appeal from the decision of the Chief of the Fire Department to the Building Code
Board of Appeals within fifteen (15) da;s from the date of such decision.
Section 9. New Materials, Processes or Occupancies which may Require Permits.
The Director of Public Safety, the hief of the Fire Department, the Chief of the Bureau
of Fire Prevention, and the Chief Inspector of the Bureau of Inspection shall act as a
committee to determine and specify, after giving affected persons an opportunity to be
heard, any new materials, processes or occupancies, which shall require permits, in
addition to those now enumerated in said code. The Chief of the Bureau of Fire Pre-
vention shall post such list in a conspicuous place in his office and distribute copies
thereof to interested persons.
Section 10. Penalties.
(a) Any person who shall violate any of the provisions of the code
hereby adopted or fails to comply therewith, or who shall violate or fails
to comply with any order made thereunder, or who shall build in violation
of any detailed statement of specificatiors or plans submitted and approved
thereunder, or any certificate or permit issued thereunder,and from which
no appea.. has been taken or who shall fail to comply with such an order as
affirmed or modified by the Building Code Board of Appeals or by a court
of competent jurisdiction, within the time fixed herein shall severally for
each and every such violation and hon-compliance respectively be guilty of
a misdemeanor punishable by a fine of not more than Five Hundred Dollars
($500.00) or by imprisonment for not more than ninety (90) days, or by both
such fine and imprisonment. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue; and all such persons
shall be required to correct or remedy such violations or defects within a
reasonable time; and when not otherwise specified, each day that prohibited
conditions are maintained shall constitute a separate offense.
Page 4981
(b) The application of the above penalty shall not be held to
prevent the enforced removal of prohibited conditions.
Section 11. Repeal. Ordinance No. 210 is hereby repealed as of the date
this ordinance becomes effective, and all other ordinances or parts of ordinances in
conflict herewith or inconsistent with the provisions of this ordinance or of the code
hereby adopted are hereby repealed only to the extent necessary to give this ordinance
full force and effect.
Section 12. Severability. Jhould 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 meting of the Council.
Councilman Ponder introduced the following Ordinance by title only:
AN ORDINANCE AMENDING SECTIONS 1, 2 AND 7 OF ORDINANCE
NO. 40, ENTITLED "AN ORDINANCE REGULATING CONSTRUCTION,
IMPROVEMENTS, ALTERATIONS, REPAIRS, OPERATIONS, EXCAVA-
TIONS AND WORK IN PUBLIC STREETS, ALLEYS AND THOROUGH-
FARES; PROVIDING FOR THE ISSUANCE OF PERMITS AND THE
ADOPTION OF REGUL ATI nNS; AND PROVIDING A PENALTY FOR
THE VIOLATION THEREOF."
THE CITY OF LIVONIA ORDAINS:
Section 1. Sections 1, 2 and 7 of Ordinance No. 40, entitled "An Ordinance
Regulating o ruction, Improvements, Alterations, Repairs, Operations, Excavations
and Work in Public Streets, Alleys and Thoroughfares; Providing for the Issuance of
Permits and the Adoption of R gulati ons; and Providing a Penalty for the Violation
Thereof," are hereby amended o read as follows:
Section 1. Title. This Ordinance may be known and cited as the
"Right-of-Way Permit Ordinance,"
Section 2. Definitions. The following words and phrases when used in
this ordinance, for the purpose of this ordinance, have the meanings
respectively ascribed to them in this section:
"public places" -- any and all public streets, roads, easements,
highways, alleys, thoroughfares, sidewalks, squares, grounds and
spaces of the City of Liv onia.
"operations" -- any and all construction, improvements, alterations,
additi,-ns, repairs, removals, demolitions, excavations or work of any
kind, on, under or above any public place, or the use of any improved
public streets for the purpose of transporting heavy equipment, materials,
and supplies used or to be used in building or construction.
"Department" -- the Department of Public Works.
Page 4982
flperson" -- every natural person, firm, corporation, association
16. or co-partnership, together with the members, officers, agents and
directors of every firm, corporation, association or co-partnership.
"regulati ons" -- such rules and regulations as may be adopted by
the Department pursuant to the provisions of this ordinance.
Section 7. Fees and Deposits. iivery application including but not
limited to applications for road cuts, road construction and repair permits,
water tap construction permits and sewer tap construction permits where the
latter operations are to be made by a private contractor not hired by the
City, shall be accompanied by a fee of Five Dollars ($5.00) except that in
the case of applications for permits for the construction of driveway
culverts, driveway approaches, depositing building materials,curb cuts
or sidewalks adjacent to any one residential lot, the fee shall be Three
Dollars ($3.00).
(a) Where a Five Dollar ($5.00) permit is re.ruested for only one
(1) operation, the cash deposit shall be in such sum as may be fixed
by the Department, which sum shall not be less than Fifty Dollars
($50.00) nor more than Three Hundred Dollars ($300.00); in the case
of permits for road cuts, and either sewers water , or other utility
purpose, the bond to be deposited shall be in an amount as followss
Gravel Roads $50.00
Seal Coated Roads
100.00
Asphalt Roads 200.00
Concrete Roads
300.00
(b) Where a permit is requested for mor,, than one (1) operation,
such permit may be issued for a period of one (1) year, in which case
the cash deposit shall be such sum as may be fixed by the Department,
which sum shall not be less than Five Hundred Dollars ($500.00) nor
more than Three Thousand Dollars ($3,000.00); except, however, that
in any case where a permit is issued for the purpose of transporting
heavy equipment,materials or supplies to be used in building or con-
struction within theCity, a cash deposit shall be required in a sum
equal to One Dollar ($1.00) per front foot of the lot or lots upon
which such building or construction will be or is taking place. Such
deposit may be increased or reduced by the Department, subject to the
above limitations and exceptions, at any time during the one (1) year
period.
(c) Notwithstanding the above, no person shall effects make or
cause any connection with any lateral or trunk storm sewer situated
within the City of Livonia without first Tplying for and obtaining
a permit therefor. Every application shall be accompanied by a
permit fee of Fifty Dollars ($50.00). This permit fee shall be in
addition to that required by any other governmental agency. All other
laws, ordinances, rules and regulations of the City of Livonia and
other governmental agencies shall be complied with as a condition
of any permit so issued.
All fees and deposits shall be paid to the City Treasurer. Each deposit
shall be retained by the City Treasurer for at least ninety (90) days
Page 4983
following a complete restoration of the particular public place or
places involved to the same or better condition than existed immediately
prior to the performance or making of the operati on or ope rati ons for
which the deposit was made, nor shall any deposit be released by the
City Treasurer until there has been a full compliance with this ordinance
and the regulations ado ted pursuant thereto, and until the City Treasurer
has received a written certification of such compliance from the Depart-
ment. An deposits shall be held by the City Treasurer subject to the
provisions of this ordinance and said regulaticns. In the event of
failure or refusal of an applicant to fully comply- with such regulations
and this ordinance, the Department shall have the right to cause the
particular operation or operations involved to be fully completed and
the particular public place or places involved to be fully restored to
proper condition, and is hereby authorized to use the applicant's
deposit or deposits, or such portion thereof as may be required, for
such purpose.
Section 2. All ordinances or parts of ordinances in conflict or inconsistent
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 tits 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 Grant, it was
#659-61 RESOLVED that, having considered the verbal report of the
Finance Committee, regarding the request dated August 29, 1961, from
the Director of Public Safety, the Council does hereby transfer the
sum of $6,000.00 from Police Personal Services Account of the Budget
to Contractual Services Account 1814-7, for the purpose of covering the
cost of repairing and maintaining police vehicles.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Grant„ Salvadore, McCann, Ponder, Kleinert and Bagnall,
NAYS: Daugherty.
The President declared the resolution ado( ted.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#660-61 R-_,;'SOLVED that, having considered the report from the Chief City
Engineer, dated September 12, 1961, approved by the Director of Public
Works and Mayor, and before determining to pave and improve West Chicago
Page 4984
between Merriman and Hubbard Roads in Section 34, the City Engineer is
hereby requested to ascertain the assessed valuation of all property af-
fected by the proposed improvement, the number of parcels awned by public
authorities, the number of parcels which are now vacant and to prepare, or
cause to be prepared, plans and specifications therefor and an estimate
of the cost thereof, and to file the same with the City Clerk, together
with his recommendation as to what proportion of the cost should be paid
by special assessment and what part, if any, should be a general obliga-
tion of the City, the number of installments in which assessments may be
paid and the lands which should be included in the proposed special
assessment district, pursuant to the provisions of Section 6 of Ordinance
No. 31, as amended.
By Councilman McCann, seconded by Councilman Daugherty, it was
RESOLVED that, havinF? considered the communication from the Super-
intendent of Operations Division, dated September 20, 1961, approved by
the Mayor and Director of Public Works, the Council does hereby reject
all of the tractor bids heretofore received by the City, pursuant to an
advertisement for the same published June 21, 1961, and the Council
authorizes the Department of Public Works to review and clarify the
specifications for such item and to thereafter again advertise for and
receive bids for such item; and that the specifications will be submitted
to the Council prior to advertising for bids.
Councilman ealvadore asked for a division of the question.
A roll call vote was taken on the following:
RESOLVED that, the specifications will be submitted to the Council
prior to advertising for bids.
with the following result:
AYES: McCann and Daugherty.
NAYS: Grant, Salvadore, Ponder, Kleinert and Bagnall.
The President declared the resolution denied.
A roll call vote was conducted on the following resolution:
#661-61 RESOLVED that, having considered the communication from the
Superintendent of Operations Division, dated Jeptember 20, 1961, approved
by the Mayor and Director of Public dorks, the Council does hereby reject
all of the tractor bids heretofore received by the City pursuant to an
advertisement for the same published June 21, 1961, and the Council
authorizes the Department of Public Works to review and clarify the
specifications for such item and to thereafter again advertise for and
receive bids for such item,
with the following result:
AYES: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall.
NAYS: None.
Page 4985
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#662-61 RESOLVED that, having considered the report and recommendation
of the City Planning Commission, dated March 15, 1961, and the supplemental
report from the City Planning Commission, dated September 1, 1961, each in
connection with Petition No. Z-481, initiated by the City Planning Com-
mission pursuant to Council resolution #634-60, for change of zoning on
property located in portions of Sections 17, 18, 19 and 20 from C-1, C-2
and PS to R-1-A, the Council does hereby concur with such recommendation
and the said Petition No. Z-481 is hereby denied.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Grants Salvadore, Ponder, Kleinert and Bagnall.
NAYS: McCann and Daugherty.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman Grant, it was
RESOLVPD that, the City Council does hereby approve of the City of
Livonia granting to the Postmaster General of the United States and his
assigns an irrevocable option and right to purchase, within 365 days from
the execution of the option herein authorized, for the price of $60,000.00
the following parcel of land in the City of Livonia:
A parcel of land located in the Northwest 1/4 of Section 22,
Town 1 South, Range 9 Last, City of Livonia, Wayne County,
Michigan, being more particularly described as follows:
Beginning at a point distant S. 88° 29' E. 1946-82 feet and
South 1° 16' W. 560.00 feet from the Northwest corner of
Section 22 and proceeding thence S. 10 16' W. 756.40 feet;
thence N. 880 29' W. 113 feet; thence N. 37° 50' 37" W. 978.22
feet; thence S. 88° 29' E. 730.00 feet to the point of be-
ginning, 7.319 acres;
provided that such option shall be executed on Post Office Department
Form 4828 with Option Riders 4828a and 4828b attached; the said riders to
provide for (1) 120 day notification and (2) a basic lease of at least
20 years; and provided furtherm that because the above described property
is being purchased on land contract by the City, it is an express condition
of this approval that the City first obtain written assurance from the
holder of the sellers' interest in the said land contract that a deed will
be released to the City covering such property, at a price not exceeding
that to be provided for in the option; and provided further, that upon such
assurance being received from the land contract holders the Mayor and City
Clerk are hereby authorized to execute the option to purchase for and on
behalf of the City of Livonia and to do ail other things reasonably neces-
sary or incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Grant and Daugherty.
NAYS: Salvadore, McCann, Ponder, Kleinert and Bagnall.
The President declared the resolutioncbnied.
Page 4986
By Councilman Salvadore, seconded by Councilman Kleinert and unanimously
adopted, it was
#663-61 RESOLVED that, having considered the request from the Bethany
Baptist Church, dated September 13, 1961, for permission to hold open air
services, and having considered the report and recommendation of the
Director of Public Safety, dated September 20, 1961, in connection there-
with, the Council does hereby grant permission to the aforementioned
church to conduct open air services on Sunday afternoon October 1, 1961
from 3:00 P. M. to 4:00 P. M., and on Sunday afternoon, October 8, 1961
from 3:00 P. M. to 4:00 P. M., on the property referred to in the afore-
mentioned letter from the Bethany Baptist Church.
An Ordinance Amending Section 3.7 of Chapter III of Ordinance No. 166,
The Taxicab Ordinance, of the City of Livonia, introduced on September 18, 1961, by
Councilman Daugherty, was taken from the table, given its second reading by title
only, and a roll call vote conducted thereon with the following result:
AYES: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
An Ordinance to Amend Sections 9 and 10 of Ordinance No. 43, as amended,
entitled "An Ordinance to Provide for the Refunding of Outstanding Water Supply
System Refunding andctension Revenue Bonds, and Construction of Extensions and
Improvements to the Water Supply System of the City of Livonia; Authorizing and
Providing for the Issuance of Self-Liquidating Revenue Bonds for these Purposes
Under the Provisions of Act 9I, Public Acts of Michigan, 1533, as amended; Providing
for the Fixing, Collection, Segregation and Disposition of the Revenues of said
Water Supply System of the said City of Livonia, and Providing for a Statutory Lien
in Favor of the Holder or Holders of such Bonds upon the Whole of Such Revenues,"
introduced on September 18, 1961, by Councilman Kleinert, was taken from the table,
given its second reading by title only, and a roll call vote conducted thereon with
the f oll owi ng result:
AYES: Grant, McCann, Daugherty, Ponder, Kleinert and Bagnall.
NAYS: Salvadore.
Page 4987
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
By Councilman Ponder, seconded by Councilman Kleinert, it was
#664-61 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer, dated September 7, 1961, approved by the Mayor and
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #296-59, adopted on May 11, 1959, and subsequently amended by
resolution #394-61 adopted on June 12, 1961, so as to reduce the bond for
remaining improvements in Bai-Lynn Park Subdivision No. 6 to $5,500.00,
to cover the cost of installing remaining improvements in that subdivision,
and the liability of the bonding company shall be limited to said amount;
and the City Clerk is hereby authorized to do all things necessary and in-
cidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Grant, Salvadore, McCann, Ponder, Kleinert and Bagnall.
NAYS: Daugherty.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Ponder, it was
#665-61 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer, dated September 7, 1961, approved by the Mayor and
Director of Public Works, the Council does hereby amend Item No. 3 of
Council resolution #296-59 adopted on May 11, 1959, and subsequently
amended by resolution #395-61 adoited on June 12, 1961, so as to reduce
the bond for remaining improvements in Bei-Lynn Park Subdivision No. 7
to $8,000.00 to cover the cost of installing remaining improvements in
that subdivision, and the liability of the bonding company shall be
limited to said amount; and the City Clerk is hereby authorized to do
all things necessary and incidental to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Grant, Salvadore, McCann, Ponder, Kleinert and Bagnall.
NAYS: Daugherty.
The President declared the resolution adopted.
By Councilman Ponder, seconded by Councilman Salvadore, it was
#666-61 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer, dated September 12, 1961, approved by the
Mayor and Director of Public Works, the Council does hereby amend Item
No. 3 of Council resolution #39-59 adopted on January 12, 1959, and
subsequently amended by resolution #435-59 adopted on June 13, 1959,
Page 4988
resolution #304-60, adopted on May 23, 1960, and resolution #737-60
adopted on December 12, 1960, so as to reduce the bond for remaining
improvements in the New Joy Subdivision to $1,200.00 to cover the cost
of installing remaining improvements in said subdivision, and the
liability of the bonding company shall be limited to said amount; and
the City Clerk is hereby authorized to do all 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: Grant, Salvadore, McCann, Ponder, Kleinert and Bagnall.
NAYS: Daugherty.
The President declared the resolution ado ted.
By Councilman Ponder, seconded by Councilman Kleinert, it was
#667-61 RESOLVED that,having considered the report and recommendation
of the Chief City Engineer, dated September 12, 1961, approved by the
Mayor and Director of Public Works, the Council does hereby amend item
No. 3 of Council resolution #39-59 adopted on January 12,1959, and sub-
sequently amended by resolution #437-59 adopted on July 13, 1959 and
resolution #359-60 ado! ted on May 9, 1960, so as to reduce the bond
for remaining improvements in Schulgren Subdivision No. 3 to $4,200.00,
to cover the cost of remaining improvements in said subdivision, and the
liability of the bonding company shall be limited to said amount; and
the City Clerk is hereby authorized to do all things necessary and in-
cidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Grant, Salvadore, McCann, Ponder, Kleinert and Bagnall.
NAYS: Daugherty.
The President declared the resolution adopted.
!iy Councilman Kleinert, seconded by Councilman Ponder and unanimously
adopted, it was
#668-61 RESOLVED that, having considered the report and recommendation
of the City Planning Commission, dated September 14, 1961, in regard to
Petition No. Z-514, submitted by Leon Siegel on behalf of Mary Grande for
change of zoning in the Southeast 1/4 of section 1 from C-1 and RUFB to PS,
and notwithstanding the recommendation of the City Planning Commission, the
Council does hereby approve of the said petition and the same is hereby
granted; and the Department of Law is herein instructed to prepare an
ordinance amending Ordinance No. 60 in accordance with this resolution.
By Councilman McCann, seconded by Councilman Salvadore, it was
#669-61 RESOLVED that, in accordance with the recommendation of the
Superintendent of Operations Division, dated September 15, 1961, approved
Page 4989
by the Mayor and Director of Public Works, the Council does hereby accept
the bid of the American Oil Company, P. 0. Box 2858, Detroit 31, Micligan,
for supplying the City with standard elm spray at the following price:
$48.76 per 53 gallon drum (92¢ per gallon);
such having been in fact the lowest bid received for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall.
NAYS: None.
By Councilman Grant, seconded by Councilman Salvadore, it was
#670-61 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer, dated September 20, 1961, approved by the Mayor
and Director of Public oforks, regarding the modification of a contract by
and between the City of Livonia and Lynn Excavating and Grading Company for
grading, s,reading topsoil and construction of parking lot surface on the
Farmington-Lyndon Park Site property, which contract was approved by
resolution #557-61, adopted on August 1L, 1961, the Council does hereby
approve of modifying such contract so as to include the placing and spread-
ing of topsoil on and over the balance of the park site property not in-
cluded in the original contract for the estimated additional amount of
$8250.00, which additional sum is based on the estimated T antity and
unit prices submitted by the said Lynn Excavating and Grading Company,
to wit: 15¢ per square yard for topsoil to a depth of at least three (3)
inches; subject, however, to a final adjustment based on actual quantity
used, all in the time and manner set out in the proposal and general
conditions; and the Mayor, City Clerk and Director of Public /orks are
hereby authorized to do all 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: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall.
NAYS: None.
By Councilman Grant, seconded by Councilman Daugherty, it was
#671-61 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer, dated September 20, 1961, approved by the
Mayor and Director of Public olorks, regarding the modification of a con-
tract by and between the City of Livonia and J. P. Armstrong Landscape
Company for the establishment of turf on the Farmington-Lyndon Park Site
property, which contract was approved by resolution #603-61, adopted on
August 28, 1961, the Council does hereby approve of modifying such con-
tract so as to require the establishment of °Class An turf on the entire
iir park site property for the estimated additional amount of $605.00, which
additional sum is based on the estimated quantity and unit prices submitted
by the said J. P. Armstrong Landscape Corn:any; subject, however, to a
Page 4990
final adjustment based on actual quantity used, all in the time and manner
set out in the proposal and general conditions; and the Mayor, City Clerk
and Director of Public Works are hereby authorized to do all things neces-
sary and incidental to the full performance of this resolutiOn•
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
#672-61 RESOLVET that, having considered the communication from the
budget Director, dated September l , 1961, regarding the improvement of
the heating system in the present Library Building on Plymnuth Road, the
Council does hereby agree to contribute one-half, not to exceed $1,000.00,
of the cost incurred by the owner in improving the existing heating system
for library purposes; provided, however, that provision for such expenses
having been included in the budget for the next fiscal year, payment, shall
not be made before November 30, 1961; and provided further, that the City
having agreed to pay a portion of the expenses to be incurred, it respect-
fully requests and encourages the owner to proceed immediately with the
necessary installation so that the benefits of the new heating system
can be derived as soon as possible.
16.0 A roll call vote was taken on the foregoing resolution with the following result:
AYES: Grant, McCann, Daugherty, Ponder, Kleinert and Bagnall.
NAYS: Salvadore.
The President declared the resolution adopted.
The President relinquished the chair to the Vice President at 9142 P. M.
By Councilman Bagnall, seconded by Councilman McCann and unanimously
adopted, i t was
#673-61 RESOLVED that, the attention of the Mayor is hereby directed to
the list of Council resolutions, starting with resolution #667-58 and end-
ing with resolution #511-61, still pending, such list being dated September
19, 1961, with the request that everything possible be done in order that
the items so listed can be disposed of as soon as possible.
The President resumed the chair at 9:47 P. M.
Councilman James R. McCann was excused at 9148 F.11.• for the balance of
the meeting.
By Councilman Grant, seconded by Councilman Ponder and unanimously
adopted, it was
Page 4991
#674-61 RESOLVED that, the Council does h reby request that the City
Planning Commission hold a public hearing to determine whether or not
the zoning clas ification of the following described property:
The south 100 feet of the north 300 feet of Lots 9 through 16,
inclusive, of schoolcraft Manor Subdivision, of part of the
Northeast 1/4 of Section 30 of the City of Livonia;
should be changed from RUFB to M-2 and to thereafter submit its report
and recommendation in connection therewith to the Council for the further
action of this body.
By Councilman Kleinert, seconded by Councilman Ponder, it was
#675-61 RESOLVE) that, having considered the reques t of Mr. Bruce W.
Polozker, proprietor of the Kingsbury Heights Subdivision No. 2, together
with the recommendation of the Director of Public Works, dated September 15,
1961, and having considered also a communication from Harry Slatkin Builders,
Inc., dated September 21, 1961, wherein the latter agrees to undertake and
assume certain obligations aseumd by the Bonadeo Corporation-Chandler
Development Company under the terms and conditions of Council resolution
#293-59 adopted on May 11, 1959, the Council does therefore amend the
latter resolution to provide that Harry Slatkin Bui lders, Inc., shall
perform condition (b) thereof, and the said resolution # 93-59 shall not
be construed as having been amended in any other respect whatsoever;
provided further that the communication from Harry Slatkin Builders, Inc.,
dated September 21, 1961, is hereby made a part of this resolution by
this reference, and the Bonadeo Corporation-Chandler Development Company
is hereby released from any obligation to perform the condition which is
the subject of this resolution.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Grant, Salvadore, Daugherty, Ponder, Kleinert and Bagnall.
NAYS: None.
On motion of Councilman Salvadore, seconded by Councilman Daugherty and
unanimously adopted, this 3414th regular meeting of the Council of the City of
Livonia was duly adjourned at 9:55 P. M., September 25, 1961.
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Marie a. Clark, City Clerk