HomeMy WebLinkAboutCOUNCIL MINUTES 1960-01-25 Page 1223
MINUTES OF THE TWO HUNDRED NINETY-SEVENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On January 25, 1960, the above meeting was held at 33001 Five Mlle Road,
Livonia, Michigan, and was called to order by the President at am:raiiaately 8:32 P. M.
Councilman Bagnall delivered the invocation. Roll was called with the following
result: Present.- Austin T. Grant, Frank O'Neill, *-Sydney B. Bagnall, Rudolf R.
Kleinert, Robert Sasser and Jack S alvadore. Absent-- *James R. McCann.
By Councilman Kleinert, seconded by Councilman Sasser, it was
#26.60 RESOLVED that, the minutes of the 296th regular meeting of the
Council of the City of Livonia held on January 11, 1960, are hereby approved.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, *Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
*Councilman Bagnall abstained from voting which is recorded as a yes vote under the
provisions of Ordinance No. 27, Section 19.
Marie W. Clark, City Clerk, informed the Council of the *Tar's veto of
resolution #24-60, adopted January 22, 1960. Action was postponed for a later time
in the meting, along with the minutes of the 51st special meeting.
By Councilman Salvadore, seconded by Councilman Sasser and unanimously
adopted, it was
#27.60 RESOLVED that,the communication from the Mayor dated January 18,
1960, in regard to the request of Plymouth Township to connect to the
Livonia Water Supply System, and the accompanying letters from the City
of Detroit and C ounty of Wayne, are hereby referred to the Water and Sewer
Board for its report and recommendation.
The letter dated January 20, 1960, from the Mayor regarding the Budget
was received and placed on file.
Councilman Sasser introduced the following Ordinance:
NO.
Page 4224
AN ORDINANCE AMENDING SECTIONS 10.05, 10.07 AND 10.17 OF ARTICLE
10.00 AND SECTIONS 11.06, 11.08 AND 11.19 OF ARTICLE 11.00 OF
ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE
CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Sections 10.05, 10.07 and 10.17 of Article 10.00 of Ordinance
No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," are hereby
amended to read as follows:
Section 10.05. Front Yards for Commercial Buildings. No front
yard is required for a commercial building in any C-1 District or any
portion of a C-1 District which has a depth of one hundred (100) feet or
less.
Section 10.07. Side Yards; Commercial Corner Lots. Each com-
mercial building in any C-1 District which is constructed on a corner lot
shall have a side yard as hereinafter provided in this ordinance.
Section 10.17. Front and Side Yard Requirements. Except as
hereinbefore provided, each commercial building in any C-1 District shall
have a front yard not less than forty (140) feet deep and each come rcial
building on corner lots in any C-1 District shall have a side yard of not
less than twenty-five (25) feet deep as measured from the front or side
lot line, whichever is the case; provided, however, that where any such
lot or parcel abuts a major thoroughfare having an existing or planned
width of eighty-six (86) feet or more as shown on the Master Thoroughfare
Plan, the front and/or side yard shall be measured from the outside
boundaries of such major thoroughfare as shown on the said Master Thorough-
fare Plan. Notwithstanding the above, where there are existing commercial
buildings situated within three hundred (300) feet of the proposed building
on the same side of the street, then in such instances the required front
or side yard, whichever is the case, shall be the average depth of the
front or side yards of such existing commercial buildings, but not to
exceed forty (140) feet in the case of a front yard or to exceed twenty-
five (25) feet in the case of a side yard.
Section 2. Sections 11.06, 11.08 and 11.19 of Article 11.00 of Ordinance
No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," are hereby
amended to read as follows:
Section 11.06. Front Yards for Commercial Buildings. No front
yard is required for a commercial building in any C-2 District or any
portion of a C-2 District which has a depth of one hundred (100) feet
or less.
Section 11.08. Side Yards; Commercial Corner Lots. Each com-
mercial building in any C-2 District which is constructed on a corner lot
shall have a side yard as hereinafter provided in this ordinance.
Section 11.19. Front and Side Yard Requirements. Except as here-
inbefore provided, each commercial building in any C-2 District shall have
Page }x225
a front yard not less than forty (i 0) feet deep and each commercial
building on corner lots in any C-2 District shall have a side yard of
not less than twenty-five (25) feet deep as measured from the front or
side lot line, whichever is the case; provided, however, that where any
such lot or parcel abuts a major thoroughfare having an existing or
planned width of eighty-six (86) feet or more as shown on the Master
Thoroughfare Plan the front and/or side yard shall be measured from the
outside boundaries of such major thoroughfare as shown on the said Master
Thoroughfare Plan. Notwithstanding the above, where there are existing
commercial buildings situated within three hundred (300) feet of the
proposed building on the same side of the street, then in such instances
the required front or side yard, whichever is the case, shall be the average
depth of the front or td e yards of such existing commercial buildings, but
not to exceed forty (40) feet in the case of a front yard or to exceed
twenty-five (25) feet in the case of a side yard.
Section 3. Ordinance No. 257 is hereby specifically repealed and all other
ordinances or parts of ordinances in conflict herewith are hereby repealed only to
the extent necessary to give this ordinance full force aid effect.
Section 4. °hould 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.
The letter from the Chamber of Commerce regarding tax bills and Sunday
closing ordinance was received aid placed on file for the information of the Council.
By Councilman Kleinert, seconded by Councilman Sasser and unanimously
adopted, it was
#28-60 RESOLVED that, pursuant to the requests contained in letters
from St. Andrew's Episcopal Church dated January 14, 1960, and Hearth-
stone Home Owner's Association dated January 11, 1960, the Council does
hereby authorize and request the City Clerk to make application to the
Detroit Edison Company on forms provided by such company for the ins talla-
tion of street lamps of suitable lumen strength to be installed at the
following locations:
(a) at the intersectioh of Eight Mile End Brentwood Avenue
in the City of Livonia;
(b) at the intersection of Six Mile and Hubbard Roads in
the City of Livonia;
(c) at the intersection of Seven Mile and Weyher in the City
of Livonia;
Page 1226
it being the determination of the Council that such intersections re-
quire lighting in order to protect the public safety of residents of
this community.
By Councilman Salvadore, seconded by Councilman Kleinert and unanimously
adopted, it was
#2960 RESOLVED that, having considered the report and recommendation
of the Water and Sewer Board, dated January 5, 1960, the Coundl does
hereby direct the Department of Law to prepare the proposed amendment to
Ordinance No. 43 referred to in the above communication and submit the
same to the Council as soon as is reasonably possible.
By Councilman Bagnall, seconded by Councilman Salvadore and unanimously
adopted, it was
#30-60 RESOLVED that, having considered the communication from the
Redford Township Lighting Commission, dated January 5, 1960, the Council
hereby informs the township that this body has under consideration at the
present time the installation of lights on major roads within the limits
of the City of Livonia and that at such time as the Council has arrived
at its final conclusions in regard to this matter, it will advise the
township of its findings; and the City Clerk is hereby requested to trans-
mit a copy of this resolution to Mr. Hugh E. Christiansen, Chairman,
Redford Township Lighting Commission.
By Councilman Sasser, seconded by Councilman O'Neill, it was
#3160 RESOLVED that, having considered the request and recommendation
from the Director of Public Safety and Police Chief, dated January 8, 1960,
approved by the Mayor, the Council does hereby authorize the Police D apart-
ment to have the Motorola Communications and Equipment Company of Detroit,
Michigan, complete the conversion of the Police Department two-way radio
equipment as outlined in the aforementioned communication, for the sum of
$1,210.00, and for this purpose, the Council transfers such sum from the
special budget account "Provisions for Capital Improvements" to Police
Department Budget Account No. 23 (Radio Maintenance); and provided further
that the Council has chosen to dispense with the taking of formal bids
for this work for the reason that all existing radio equipment in the
Police Department has been manufactured by Motorola and the conversion
of the radio equipment can only be accomplished by the Motorola Coppany
or persons using Motorola products to accomplish the conversion.
A roll call vote was take n on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
#32-60 RESOLVED that, having considered the communication from the
Page 4227
Director of Public Safety and Police Chief dated January 21, 1960, approved
by the Mayor, the Council does hereby accept the bid of Tennyson Chevrolet,
Inc., for supplying the City of Livonia with five (5) 1960 police vehicles
at its submitted bid of $8,146.10 and four (!t) 1959 Ford vehicles for trade-
in; and the Council does hereby elect to have the above vehicles each
equipped with a 250 H. P. engine for the additional cost of $200.00, as
indicated in the said bid; and for the purpose of this resolution, the
Council does hereby transfer the sum of $1,].4.6.10 from the special budget
account "Provisions for Capital Improvements"to Police Department Budget
Account No. 704E (Capital Outlay-Cars).
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Salvadore and unanimously
adopted, it was
#33-60 RESOLVED that, the Council, having considered the request of the
Tri City Cab Company, dated January , 1960, does hereby deny such request
for the following reasons:
(1) that such company has not been operating within the City
of Livonia for a long enough period so as to enable the Council
to determine whether or not this company is rendering satisfactory
service to the residents of this community in accordance with all
applicable ordinances, rules and regulations;
(2) that the public convenience and necessity does not warrant
at this time the authorization of any additional taxi cabs for
use in the City of Livonia.
*Councilman James R. McCann arrived at 8:55 P. M.
By Councilman Salvadore, seconded by Councilman Sasser and unanimously
adopted, it was
#31t-60 RESOLVED that, having considered the communication from Mr. John
Hulett, dated January 11, 1960, in regard to Petition No. Z-403, the Council
does hereby amend resolution #760-59 adopted on November 23. 1959, so as to
delete therefrom the following language: "prior to Decenber 5, 1959."
The letter from citizens on Puritan venue protesting a decision of the
Zoning Board of Appeals was received and placed on file.
At this time, the Mayor's veto of resolution #24-60 was removed from the
table for action by the Council.
Page 1228
By Councilman Kleinert, seconded by Councilman Sasser, it was
#35-60 RESOLVED that, resolution #24-60, adopted by the Council at
the 51st special meeting held January 22, 1960, be and hereby is re-
adopted, the sans as if word for word repeated herein.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore and McCann.
NAYS: O'Neill and Grant.
The President declared the resolution adopted.
By CouncilmanSasser, seconded by Councilman Salvadore, it was
#36-60 RESOLVED that, the minutes of the 51st special meeting of the
Council of the City of Livonia held January 22, 1960, are hereby approved.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: *O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
*Councilman O'Neill abstained from voting which is recorded as a yes vote under the
provisions of Ordinance No. 27, Section 19.
**At 9:05 P. M., Councilman Sydney B. Bagnall was excused for the balance
of the meeting.
By Councilman Sasser, seconded by Councilman McCann and unanimously
adopted, it was
#37-60 RESOLVED that, having considered the communication from the
Detroit Insurance Agency, dated January 13, 1960, in regard to hospitaliza-
tion insurance, the Council does hereby refer the same to the Civil Service
Commission for its information and reference.
By Councilman Sasser, seconded by Councilman McCann and unanimously
adopted, it was
#38-60 RESOLVED that, the communication from Hayes Washed Sand and
Gravel Company, dated January 15, 1960, is hereby referred to the
Director of Public Works for his comment and report in regard to same.
By Councilman Salvadore, seconded by Councilman McCann, it was
#39.60 RESOLVED that, pursuant to the report and recommendation of
the Superintendent, Operations Division, dated January 18, 1960, approved
Page 11229
by the Director of Public Works, the Council does hereby accept the bid
of the Badger Meter Manufacturing Company, 4545 W. Brown Deer Road,
Milwaukee, Wisconsin, in the amount of $8,117.110, for supplying the City
of Livonia with water meters; and the Council does hereby accept the bid
of the Rockwell Manufacturing Company, 122 S. Michigan AvenuesChicago 3,
Illinois, in the amount of $3,822.00 for supplying the City of Livonia
with 12" Empire Compound water meters, such having been the lowest
respective bids received for each of the requested items.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Kleinert, Sasser, Salvadore, MbCann and Grant.
NAYS:None.
By Councilman McCann, seconded by Councilman Sasser, it was
#li.0-60 RESOLVED that, pursuant to the report and recommendation of the
Superintendent, Operati cns Division, dated January 18, 1960, approved by
the Director of Public Works, the Council does hereby accept the bid of the
Reading Brass Company of Hillsdale, Michigan, in the amount of $13,185.11
for supplying the City with Type "K" Copper Tubing, such having been the
lowest bid received for this item.
A roll call vote was taken an the foregoing resolution with the following results
AYES: O'Neill, Kleinert, Sasser, Salvadore, 4cCann and Grant.
NAYS: None.
By Councilman McCann, seconded by Councilman Kleinert, it was
#141.-60 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer dated January 13, 1960, approved by the Director of
Public Works, the Council does hereby anend Item No. 3 of Council resolution
#659.57 adopted on August 26, 1957, so as to reduce the bond for remaining
improvements in Har-Lo Subdivision to the amount of $9,000.00; and the
City Clerk is 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 results
AYES: O'Neill, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman McCann and unanimously
adopted, it was
#112-60 RESOLVED that, approval of Meadowview Subdivision No. 11
be tabled until the Planning Commission minutes are received by the
Council.
Page 4230
By Councilman Kleinert, seconded by Councilman Sasser and unanimously
adopted, it was
#43-60 RESOLVED that, having considered the communication from the
Chief City Engineer dated January 18, 1960, approved by the Director of
Public Works, in regard to the proposed Park Heights Subdivision to be
situated in the Southwest 1/4 of Section 2, the Council does hereby refer
the same back to the Planning Commission for its reconsideration of the
proposed street design in such plat, it appearing from the above com-
munication of the City Engineer that such street layout will make difficult
the installation of water mains and will make more complicated the main-
tenance of such water mains and streets; and the City Clerk is hereby re-
quested to transmit a copy of the aforementioned communication to the City
Planning Commission, together with this resolution.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
#44-60 RESOLVED that, the Council does hereby request the City Planning
Commission to establish a date for public hearing and to consider at such
hearing whether or not Section 4.05 of Article 4.00 of the Zoning Ordinance,
Ordinance No. 60, should be amended so as to include Section 21 amongst
those sections of the City in which lots may be platted with an area of
7200 square feet and a minimum width of 60 feet, and thereafter to make
its recommendation and transmit the same to the City Council.
A roll call vote was taken an the foregoing resolution with the following results
AYES: O'Neill, Kleinert, Sasser and Grant.
NAYS: Salvadore and McCann.
The President declared the resolution adopted.
By Councilman O'Neill, seconded by Councilman Sasser, it was
#45-60 RESOLVED that, the request of Morton Katz for the use of a
certain portion of City property be tabled until the City Attorney
makes a further study of this matter.
A roll call vote was taken on the foregoing resolutioh with the following results
AYES: O'Neill, Sasser, Salvadore, McCann and Grant.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Sasser, seconded by Councilman McCann and unanimously
adopted, it was
#46-60 RESOLVED that, having ccnsidered the communication from the
Chief City Engineer dated January 19, 1960, approved by the Director of
Page 4231
Public Works, in regard to the proposed construction of a sanitary sewer
in Farmington hoed, the Council does hereby authorize the Mayor and City
Clerk to affix their signatures to an agreement by and between the City
of Livonia and the Professional Village, Inc., whereby the City agrees to
save the latter harmless from any damages resulting to a certain building
situated on Lot No. 200b1 of Supervisor's Livonia Plat No. 2 that might be
caused by the construction and installation of the said sanitary sewer in
and across the said lot; provided, however, that the proprietor of the
said Professional Village, Inc., execute to the City of Livonia a Grant
of Easement allowing the City of Livonia to construct and install the
referred to sanitary sewer across the said Lot No. 200b1; and provided
further, that the Engineering Division is hereby directed to require in
the bid specifications and contract the necessary insurance coverage to
save the City harmless from any damages described herein.
The following preamble and resolution were offered by Councilman Salvadore
and supported by Councilman Kleinert:
#47-60 WHEREAS, it is necessary to locate, establish and construct a
County drain to be located within the limits of the City of Livonia, with
the exception of the outlet thereof, the location and route of said drain
being as follows:
Commencing at the Rouge River Bell Branch at a point in
the Western Golf aid Country Club approximately 2000 feet
east of Inkster Road and 1100 feet north of the east and
west 1/4 line of Section 19, T. 1 S. R. 10 E., Redford
Township, Wayne County, Michigan, thence southwesterly
in the golf course along the north bank of the Bell Drain
to Inkster Road, thence followirg the existing water course
from Inkster Road approximately 2100 feet southwesterly
and westerly to Lyndon Avenue, thence westerly on Iyndon
Avenue and Iyndon Avenue extended to the west line of
iddlebelt Road.
AND WHEREAS, that portion of the above-specified route of the
drain which is located in Redford Township represents the outlet of the
drain only, being necessary to dispose of the storm waters collected by
said drain to be located within the corporate limits of the City;
AND WHEREAS in the opinion of the City Council, the location,
establishing and constructing of said drain is necessary for the public
health of the City of Livonia, which said opinion is concurred in by the
Wayne County Health Department, and the entire cost thereof should be
assessed against the City of Livonia for public health, the State of
Michigan for drainage of State highways, and the County of Wayne for
the d rainage of County highways;
AND WHEREAS' Chapter 20 of Act 40, Public Acts of Michigan,
1956, as amended (the Drain Code of 1956) provides a feasible method of
financing the cost of said drain where the same is necessary for the
public health of the City, and where the entire cost of the drain is to
be assessed wholly against public corporations, as defined in Chapter 20;
Page !1232
AND WHEREAS, Section 1186 of said Act 110, Public Acts of Michigan,
1956, as amended, provides as follows:
Sec. 1186. The terms of this chapter shall be
applicable to any county drain located, or proposed
to be located, entirely within the limits of a single
city, village or township, if such public corporation
shall consent thereto by resolution adopted by its
governing body. In such case any petition required
to be filed hereunder shall be sufficient if signed
by such public corporation only.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council, for and on behalf of the City of Livonia,
does hereby consent to the mayi.ng of the provisions of Chapter 20, of Act
40„ Public Acts of Michigan, 1956, as amended, applicable to the location,
establishing aid c ors tructing of the drain set forth in the preamble hereof,
and does hereby consent to the location, establishing and constructing of
said drain pursuant to said Chapter 20 of Act JPO, Public Acts of Michigan,
1956, as amended.
2. The proposed drain set forth in the preamble hereof
being necessary for the public health of the City of Livonia, the Mayor
and the City Clerk are hereby authorized and directed to sign for and on
behalf of the City of Livonia a petition praying for the location,
establishing and constructing of the drain set forth in the preamble
hereof, pursuant to Chapter 20 of Act 140, Public Acts of Michigan, 1956,
as amended, which said petition, when signed, shall be filed with the
County Drain Commissioner of the County of Wayne, Michigan, together with
a certified copy of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Kleinert, Sasser, S alvadore, McCann and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman O'Neill and unanimously
adopted, it was
#118-60 RESOLVED that, having considered the communication from the
City Planning Commission dated December 16, 1959, in regard to Petition
No. Z-1420,, the Council does hereby concur in the changes to Section
4.115 of Article 4.00 of the Zoning Ordinance as being considered under
the aforementioned petition.
By Councilman Sasser, seconded by Councilman Salvadore and unanimously
adopted, it was
#119.60 RESOLVED that, having considered the communication from the
Michigan Liquor Control Commission dated January 12, 1960, and the letter
Page 4233
from the Livonia Police Department dated January 22, 1960, the Council
does hereby approve the request from Danny's Lone Pine Inn, Inc., to add
space to present location of 1959 Class C license at 30325 W. Six Mile
Road, Livonia, which request includes a dance permit and an additional
bar.
On motion of Councilman Kleinert, seconded by Councilman Sasser and
unanimously adopted, this 297th regular meeting of the Council of the City of
Livonia was duly adjourned at 9:55 P. M., January 25, 1960.
1i �" - ,
Ma W. Clark, City Clerk