HomeMy WebLinkAboutCOUNCIL MINUTES 1960-06-27 Page 141i18
MINUTES OF THE THREE HUNDRED ELEVENTH REGULAR NEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On June 27, 1960, the above meeting was held at 33001 Five Mile Road,
Livonia, ? thigan, and was called to order by the Vice President at approximately
8:42 P. M. Councilman Daugherty delivered the invocation. Roll was called with
the following result: Present-- Jack Salvadore, John T.Daugherty, Sydney B. Bagnall,
Rudolf R. Kleinert and James R. McCann. Absent-- Robert Sasser and Austin T.Grant.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#357-60 RESOLVED that, the minutes of the 310th regular meeting of the
Council of the City of Livonia held June 13, 1960, and the 54th special
meeting held June 22, 1960, are hereby approved.
The Council departed from the regular order of business to take care of
items in which a number of people were interested.
By Councilman McCann, seconded by Councilman Daugherty, it was
#358-60 RESOLVED that, pursuant to the report and recommendation of the
City Planning Commission dated May 27, 1960, in regard to Petition No. Z-1111.0,
submitted by Joseph Slavik for change of zoning in the Northeast 1/4 of
Section 16 from C-1 to C-2, the Council does hereby concur with and approve
of the Planning Commission recommendation and Petition No. Z-440 is denied.
The Vice President relinquished the chair to Councilman NbCann at 8:50 P. M.,
in order to speak on the question, and resumed the chair at 8s53 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Bagnall, Kleinert and McCann.
NAYS: Salvadore.
The President declared the resolution adopted.
The veto by Mayor Brashear of Ordinance No. 302 was set aside for action
later in the meeting.
The Clerk read Mayor Brashear's veto of resolution #322-60, adopted on
June 13, 1960. Councilman Daugherty read a letter regarding the veto of resolution
#322-60, as follows:
Page 4419
To Members of City Council
Subject: Veto By Mayor Brashear of Resolution #322-60
Mayor Brashear in a lengthy veto message has set forth certain basic
questions concerning Administrative and Legislative Powers.
He criticizes the resolution as:
(1) Vague and uncertain;
(2) That the determination of budget is separate and distinct
from establishment of salaries.
Nor position has been, and is, that the Council is supposed to utilize
the total income and resources for the best advantage of all citizens of the City
of Livonia.
A Councilman cannot do this if he accepts the principle advocated by
Mayor Brashear, that all future Councils are bound by previous action of previous
Councils in establishing salaries for certain appointed officials.
Obviously a team of Councilmen, of political loyalty to any Mayor could
thusly reward their political supporters and discharge political obligations of a
Mayor, by establishing salaries for appointed offices as "political plums."
Future Councils, if they accept the position of the Mayor, would then be
handcuffed to these "political plums" in every future budget during the length of
a Mayor's political life.
As a new member of this Council, I feel I have a right by Charter to
evaluate and reconsider the value of the services rendered by any appointed official.
It is the intent, and the effect, of the resolution in question to do just
that, and only that.
The resolution was purposely withheld until there were no pending appoint-
ments under consideration by the Mayor, at least that the Council is aware of to
avoid any charge of political friction by the Council.
Therefore, I feel it clears the slate, by rescinding, which is necessary,
if the Council is to base such salaries of appointed officials on "benefits to the
City of Livonia" rather than "benefits to a political campaign."
I urge the Council to support the resolution by over-riding the veto so
as to permit a proper exercise of the Council 's Charter right to proper allotment
of City funds for maximum benefits for taxpayers of Livonia.
John Daugherty (signed)
By Councilman Daugherty, seconded by Councilman McCann, it was
RESOLVED that, resolution #322-60 be readopted, the same as if
it were word for word repeated herein.
A roll call vote was taken on the foregoing resolution with the following result:
Page 4420
AYES: Daugherty.
NAYS: Bagnall, Kleinert, McCann and Salvadore.
The Vice President declared the resolution denied.
By Councilman Bagnall, seconded by Councilman Kleinert, it was resolved
that
#359-60 WHEREAS, it is the intent of the Council to periodically review
and consider the salaries received by appointed officials, or offices,
having an indefinite term of office, in the interest of promoting the
efficient operation of the City Government,
THEREFORE, IT IS RESOLVED that, the Council does hereby determine
that all salaries presently in effect shall continue as presently
established unless:
(1) the appointment of the present holders of said offices
shall be terminated, or
(2) until official adoption of the next City budget, or
(3) until the Council takes further action relative to such
salaries as may be authorized pursuant to the provisions of
the City Charter.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Bagnall, Kleinert, McCann and Salvadore.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Daugherty, it was
#360-60 RESOLVED that, having considered the recommendation of the
Water and Sewer Division, dated June 21, 1960, approved by the Mayor and
Director of Public Works, to hire one (1) temporary Clerk-Typist fcr the
purpose of assisting in the establishment of historical files for the
Water and Sewer Division, the Council does hereby concur with the recom-
mendation of the Water and Sewer Division and the sum of $800.00 is hereby
added to the Salaries and Wages Account of Administrative and General Ex-
pense of the Water Budget for the purpose of hiring a Clerk-Typist as
requested.
A roll call vote was taken an the foregoing resolution with the followirg result:
AYES: Daugherty, Bagnall, Kleine rt, McCann and Salvadore.
NAYS: None.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
Page 141421
#361-60 RESOLVED that, the request of the Department of Parka and
Recreation, dated June 20, 1960, to hold the annual fireworks display
on July 14, 1960, at 8:145 P. M., at the Ihtroit Race Course be and hereby
is approved.
By Councilman Kleinert, seconded by Councilman Bagnall, it was
#362-60 RESOLVED that, having considered the report of the Finance and
Insurance Committee, dated June 22, 1960, together with the communication
from the Budget Director, dated June 21, 1960, the Council does hereby
accept the bid of Smith and Andrews Construction Company dated September 1,
1959, to construct a Steel Building Equipment Storage Garage with cement
floor and drain trenching but without insulation, for the submitted bid
price of $73,589.00; and for that purpose, there is hereby transferred
to the Operations Division Budget Account #70-B, the following sums:
From Provision for Capital Improvement $214,300.22
From Provision for Additional Personnel 15,1452.00
From Provision for Other Supplies and Services 15,175.00
From Unappropriated Surplus 8661.78
A TOTAL OF: 865,50.00
A roll call vote was taken on the foregoing resolution with the following results
AYES: Daugherty, Bagnall, Kleinert, McCann and Salvadore.
NAYS: None.
By Councilmen Kleinert, seconded by Councilman Bagnall, it was
#363-60 RESOLVED that, pursuant to the provisions of Chapter VIII,
Section 12 of the City Charter, and Section 6 of Ordinance No. 216,
Financial Ordinance, as amended, the Council does hereby designate the
firm of Lybrand, Ross Bros. and Montgomery, certified public accountants,
Book Building, Detroit 26, Michigan, as the City Auditor for the fiscal
year 1960-61, to prepare the audit requested by the above provisions of
law; and the Council does hereby authorize such firm to examine the
financial records of the Water and Sewer Division of the City of Livonia
for the fiscal year ending February 28, 1961, and the aforementioned firm
is requested to prepare and submit to the Counciltwo separate agreements
relating to the above services, which agreements shall be consistent with
the services rendered by such firm for the City during past fiscal years
and which shall fix the duties and responsibilities of the City Auditor
and the compensation to be received for the services rendered; and that
notwithstanding any of the above, the City shall not be construed to have
assumed any responsibility or liability in connection with such services
until the aforementioned agreements have been approved as to form by the
Department of Law, approved by the City Council and signed by the Mayor
and City Clerk.
A roll call vote was taken on the foregoing resolution with the following result:
AXES: Daugherty, Bagnall, Ileinert, McCann and Salvadore.
NAYS: None.
Page 4422
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#364-60 RESOLVED that, in accordance with the report of the Finance arra
Insurance Committee, dated June 22, 1960, that the Mayor is requested to
have prepared the budget for the fiscal year 1960-61, basically in accord-
ance with the concepts of performance budgeting as outlined in the paper
written by Vernon E. Koch, City Budget Officer of the City of Cincinnati,
Ohio, insofar as is possible, because of the time limits, and that the
first such action be for the preparing of the budget of the Department of
Public Works.
The Vice President relinquished the chair to Councilman McCann at 9:24 P.M.
By Councilman Salvadore, seconded by Councilman Bagnall and unanimously
adopted, it was resolved that
#365-60 WHEREAS, BILL PONDER has recently left his position as City
Attorney after faithfully serving the City of Livonia in that capacity
for the past four years; and
WHEREAS, during his tenure as City Attorney, each member of the
City Council came to know Bill Ponder as a warm, considerate and unassuming
public official, and to respect his sound working knowledge of the law -
his unselfish desire to work for the best interests of his commuihity -
and his desire to promote understanding between all persons interested in
making this City the best possible community in which to work and live;
NOW, THEREFORE, BE IT RESOLVED that, having earned the affection
and esteem of all his acquaintances, the City Council believes it fitting
and proper to record at this time its sincerest appreciation to "Bill" for
his wise counseling, unfailing courtesy, continued willingness to be of
help and for a job well done; the Council further hopes that it may still
have the opportunity to enjoy Bill's warm fellowship in the future and
extends to Bill its best wishes for success in the private practice of
his profession.
The Vice President resumed the chair at 9:25 P. M.
By Councilman Bagnall, seconded by Councilman Daugherty and unanimously
adopted, it was resolved that
#366-60 WHEREAS, the members of the Livonia City Council have learned
with great sorrow of the sudden passing of Claude Snarey; and
WHEREAS, Claude Snarey was a member of the Livonia School Board
for the past four (4) years and one of the leading and most respected
citizens of this community; and
WHEREAS, Claude Snarey was a dedicated teacher, educator, school
board member and a respected public servant and during his lifetime made
Page 123
many contributions to the welfare of his community -- a community that
will long cherish him in its memories;
NOW, THEREFORE, BE IT RESOLVED that, the City Council of Livoni a
believes it to be fitting and proper to record at this time its affection
and esteem for a beloved and respected public servant and friend and to
share with his family and community the great loss sustained by the reason
of the death of Claude Snarey.
At 9:26 P. M., a recess was called, after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting.
An Ordinance to Regulate the Use of Water from the Wayne County Water
Distribution System of the City of Livonia; and Providing for a Penalty for the
Violation Thereof, introduced by Councilman Bagnall on June 13, 1960, was taken
from the table and a roll call vote conducted thereon with the following result:
AYES: Daugherty, Bagnall, Kleinert, McCann and Salvadore.
NAYS: None.
The Vice President declared the Ordinance duly adopted and would become effective
on publication.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
#367-60 RESOLVED that, having considered the request of the Director
of Public Safety, dated May 24, 1960, approved by the Mayor, which re-
commended an appropriation in the amount of $590.00 to provide money in
the Fire Department Salary Account in order to promote three (3)
Lieutenants to the rank of Captain, effective the first full pay period
in June, the Council does hereby concur with the recommendation of the
Director of Public Safety and the sum of $590.00 is hereby transferred
from Provision for Pay Adjustment Account to Fire Department Salary
Account #125-1 in order that the three (3) Lieutenants may be promoted
to Captain as requested.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Daugherty, Bagnall, Kleinert, McCann and Salvadore.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Kleinert and unanimously
adopted, it was
Page W4211.
#368-60 RESOLVED that, having considered the report aid recommendation
of the Department of Law dated June 15,1960, relative to the acquisition
of a Fire Station site at Newburgh and Seven Mile goad, the Council does
hereby request the Planning Commission to remove the fire station site
designation from the Master Fire Station Site Plan, Part VI, presently
placed upon the property owned by Mr. Kazarian.
By Councilman Daugherty, seconded by Councilman Bagnall and unanimously
adopted, it was
#369-60 RESOLVED that, having considered the communication from the
Board of Wayne County Road Commissioners, dated June 20, 1960, granting
permission for the removal of sand from the 1.40-acre City-County park
site at I{yndon and Farmington Road, the Council does hereby receive said
communication and places it on file.
At the request of the petitioner, Petition No. Z-141 for change of zoning
in Section 11, was removed from the agenda.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#370-60 RESOLVED that, the request of residents, dated June 3,1960,
for opening of Henry Ruff Road between Puritan and Greenland, be referred
to the Engineering Division of the Department of Public works for report
and recommendation at the next regular meeting of the Council.
By Councilman Daugherty, seconded by Councilman Bagnall aid unanimously
adopted, it was
#371-60 RESOLVED that, having considered the requests of residents of
Spring Valley Subdivision regarding access to Tyler School, the Council
does hereby refer said petition to the Streets, Roads and Plats Committee
of the Council for report and recommendation.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#372-60 RESOLVED that, having considered the request of Green Acres
Civic Association for illumination of certain intersections along Five
Mile Road in the City of Livonia, the Council does hereby refer said
request to the Director of Public Safety for report and recommendation
as to the need for illumination at the intersections requested.
By Councilman Bagnall, seconded by Councilman Daugherty and unanimously
adopted, it was
#373-60 RESOLVED that, having considered the request of the Green Acres
Page 4425
Civic Association to investigate the drainage condition existing in the
Bell county drain that crosses the Green Acres Subdivision in the north
half of Section 23, the Council does hereby refer said request to the
Engineering Division of the Department of Public Works for its report and
recommendation as to the steps necessary to correct the drainage condition.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#374-60 RESOLVED that, having considered the request of Mrs. Marjorie
A. Wheelock, dated June 9, 1960, with relation to the location of a riser
to effectuate a sewer tap, the Council does hereby refer this communica-
tion to the Water and Sewer Board for its report and recommendation back
to the Council.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#375-60 RESOLVED that, having considered the request of Green Acres
Civic Association concerning the providing of a sanitary sewer for lots
49 and 50 of Green Acres Subdivision, the Council does hereby refer this
communication to the Water and Sewer B oard fof+ report and recommendation
back to the Council.
By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
#376-60 RESOLVED that, having considered the communication, dated May 24,
1960, requesting an extension of time on Glenbrook Estates Subdivision and
Glenbrook Colony Subdivision, the Council does hereby deny said request for
extension on both subdivisions for the reason that the engineering
initially approved on these two subdivisions is no longer acceptable by
the Engineering Division of the City of Livonia.
Councilman Bagnall introduced the following Ordinance:
AN ORDINANCE TO REGULATE THE CONSTRUCTION AND MAINTENANCE OF
PRIVATE OUTDOOR SWINHING 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:
ARTICLE I.
PURPOSEL INTENT AND DEFINITIONS
Section 1. Purpose and Intent. It is hereby determined that the existence
of private outdoor swimming pools and other related recreational facilities, and the
operatinn of private swimming pool clubs may endanger the public health, safety and
Page 4426
welfare unless carefully regulated and supervised, and the purpose of this ordinance
is to establish reasonable regulations controlling the construction, operation, use
and maintenance of a)1 outdoor or private outdoor swimming pools and also to establish
reasonable regulations governing the operation and requiring the licensing of private
swimming pool clubs to the end that the public health, safety and welfare of the
community is protected.
Section 2. Definitions. For the purpose of this ordinance certain terms
are herewith defined:
(a) The term "swimming pool" shall mean any artifically constructed,
nonportable pool or container capable of being used for swimming, wading or
bathing or any combination thereof, wholly outside a permanently enclosed and
roofed building and designed to hold water to a depth of two (2) feet or more
at any point when filled to capacity;
(b) The term "private" shall mean that the swimming pool is not
open to the general public and/or that it is not publicly owned.
(c) The term "home owner's pool" shall mean that the swimming
pool is private and is located on an occupied single family residential lot
or parcel and is operated primarily for the use and benefit of the property
owner residing thereon, his family and guests.
(d) The term "club pool" shall mean that the swimming pool is
private and is located on open land and is operated by a private swimming
club as the principle use of such land primarily for the use and benefit of
the members of such club, their families and guests;
(e) The term "private swimming club" shall mean any organization
incorporated as a non-profit club for the primary purpose of constructing,
maintaining and operating a club pool and other related buildings and re-
creational facilities for the sole and exclusive use of its meMbers, their
families and guests.
ARTICLE II.
BUILDING PERMIT REQUIREMENTS
Section 1. Permits Required. It shall be unlawful hereafter for any
person, firm, partnership, corporation or private swimming club to construct or
enlarge a private swimming pool in the City of Livonia without first securing a
building permit therefor from the Bureau of Inspection of the Department of Public
Works.
Section 2. Application for Permit.
(a) Application to Construct a Home Owner's 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;
Page 4 .27
(3) Detailed information indicating the size, depth and
capacity of the proposed swimming pool; and
(4) 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 swim-
ming 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 application complete information as to the 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.
ce.
(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 building permit have provided in its by-laws that membership in the club
or 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 organization.
(c) Application to Construct a Club Pool. Application to con-
struct 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
the following data, plans and approvals:
(1) A plot plan drawn to scale showing the location of the
premises on which the private swimming pool and related re-
creational facilities are to be situated; the dimensions and
area of such proposed premises and the location of all residences
and other buildings, structures and public streets within one
thousand (1000) feet of such premises as measured from each of
the property lines of the property site;
(2) A separate developmental plan of the proposed site showing
the sizes and location of all facilities to be situated thereon
and the size, location of all front, rear and side yards and
the lengih, width and location of all driveways to be located
on the proposed site;
(3) A detailed statement giving the size, depth and capacity
of all pool facilities and complete dimensions of all other
proposed buildings and recreational facilities;
(4) A parking and traffic plan showing the plan provision for
ingress and egress for pedestrian and motor vehicle traffic
which shall be approved by theLivonia Police and Fire Departments
as a condition precedent to the issuance of the building permit;
Page 4428
(5) A landscaping plan and time schedule for landscaping which
shall be approved by the Parks and Recrea tion Department of the
City of Livonia as a condition precedent to the issuance of a
building permit;
(6) As a condition precedent to the issuance of a building permit
for any club pool there shall be on file in the office of the
Bureau of Inspection the written consent of fifty-one percent
(51%) of the residential property owners within a radius of five
hundred (500) feet of any part of the premises whereon the pro-
posed club pool is to be constructed and operated;
(7) A certified copy of the Articles of Incorporation and By-
Laws of the private swimming pool club or organization;
(8) In those cases where storm sewers are not available to
service the proposed pool facilities or if available the capacity
is not ample, a storm water plan showing adequate provision for
draining such premises and such pool facilities shall be approved
by the Engineering Division of the Department of Public Works as
a condition precedent to the issuance of a building permit.
Section 3. Area of Lot or Parcel Occupancy. All private swimming pools
including both home owner's and club pools shall only be constructed on a lot, parcel
or vacant land in accordance with the following lot, parcel and land sizes and it
shall be unlawful for a private swimming pool to occupy an area in excess of the
percentage hereinafter set forth, to-wit:
Area of Lot, Parcel Maximum Percentage Occupied
or Land by Swimming Pool
4,000 square feet or less Not more than 5% of land area
Over 40000 square feet but
not more than 5,000 square feet Not more than 7-1/2% of land area
Over 5,000 square feet Not more than 10% of land area
Section 4. Location.
(a) 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 only be erected on a satisfactory
site that is at least two (2) acres in area. Front, side and rear yards
shall be at least twenty (20) feet wide. No such pool or any part thereof
shall be installed within fifty (50) feet of any existing public street
right-of-way and no such pool or any part thereof shall be installed or
constructed within four hundred (400) feet of any existing residences. The
front, side and rear yards as herein required shall remain open with no
structures of any nature whatsoever situated thereon.
Page 4429
Section 5. Fencing.
(a) Home Owner's Pool. A home owner's swimming pool shall be
completely enclosed by a fence not less than four (4) feet in height of
the chain link type or other type approved by the Bureau of Inspection.
A fence which encloses the yard as a whole may be considered as complying
with this requirement. All fence gates must be locked when the residents
are away from the home or when the pool is not in use.
(b) Club Pool. The entire premises on which a club pool is
situated shall be completely enclosed by a chain link fence at least six (6)
feet in height topped by three (3) strand v-span barbed wire. Entry to and
departure from the premises shall be regulated by a controlled gate or
turnstile.
Section 6. Landscaping; Requirements. All front, side and rear yards of
the premises on which club pools are situated shall be landscaped with trees, shrubs
and grass in accordance with the landscaping plan and time schedule approved by the
Parks and Recreation Department and filed with the Bureau of Inspection as herein-
before required.
Section 7. Parking Facilities; Requirements. Off-street parking facilities
shall be provided on the premises used for the construction and operation of a club
pool in accordance with the plan for such parking facilities approved by the Police
Department and filed with the Bureau of Inspection as hereinbefore required.
The parking facilities shall be on the club pool premises and shall be
sufficient to accommodate one-quarter (i/L ) of the total member families and/or
individual members,i.e., one parking space for each four (4) individual or family
memberships.
A certified copy of the By-laws of the applicant club or organization shall
accompany the application as hereinbefore required in order to establish the total
existing or proposed membership, whichever is the larger, and to thereby compute the
parking requirements. The entire surface of all parking areas, facilities, lots and
driveways shall be hard, smooth, passable, dust free and endurable.
Section 8. Buildings. Buildings erected on the premises of any private
swimming club shall in no case exceed one story in height except where as a result
of the peculiar topography of the premises a lower level can be constructed entirely
below the grade of the public street abutting or adjacent to such premises, in which
cases the same shall be permitted.
Section 9. Permit Fees. All applications for a permit shall be accompanied
by a building permit fee in accordance with the approved building permit fee schedule.
Section 10. Construction. The following regulations shall apply to the
construction of swimming pools:
(a) The swimming pool construction shall conform to the Building
Code, the tlumbi.hg Code and the Electrical Code of the City of Livonia and
all necessary permits shall be secured by the owner or his contractor.
(b) Nonportable fiberglass and plastic pools may be permitted,
provided the same meet the accepted safety and construction standards as
established by the City of Livonia.
(c) Any accessory building, which houses pumping and filtering
equipment, must conform to the provisions of the Zoning Ordinance and the
Building Code of the City of Livonia.
Page 4430
(d) No electric wires shall be any hearer than five (5) feet from
the waterts edge, nor shall any electric wire within twenty-five (25) feet
from the water's edge of the pool be less than ten (10) feet above the ground
unless otherwise approved by the Bureau of Inspection. Under no circumstances
shall wires of any kind cross or be over the water surface.
(e) All plumbing necessary for the connection of the intake or the
outlet of a swimming pool to the City water system or sewer system shall be
installed by a licensed plumber and shall conform to the requirements of the
Plumbing Code of the City of Livonia.
(f) The construction of the pool shall be made in such a manner
that all scum, splash and deck water shall not return to the pool except
through the filter system. The pool shall be kept free at all time of float-
ing material, sediment and debris either by an automatic surface skimmer, scum
gutter or by some other means approved by the Building Department.
(g) All privately owned swimming pools shall be equipped with a
water circulating system powered by a motor driven pump to circulate completely
the water within such pool every twenty-four (14) hours. The water in such
circulating system shall be forced through a filtration system approved by the
Bureau of Inspection of sufficient size to filter adequately the water passing
into the pool. Pumps that are situated above the pool using a suction line
to draw water from the pool for circulating purposes shall be equipped with
a foot valve or a check valve on the suction line, and shall have pressure
gauges on the discharge side of the pump with test cocks on the pump casting
to test the suction with appropriate test fittings installed to permit the
pump to be primed. Water supply to the pool shall be installed through a
vacuum breaker to eliminate the problem of possible back siphonage. Pool
drainage shall discharge indirectly to the house sewer or building sewer through
a catch basin or pump. Pool drain lines shall be connected to the City sani-
tary system where such is available. There shall be no cross-connection of
the City water supply with any other source of water supply for the pool. No
swimming pool shall be constructed within three (3) feet from any vitrified
sewer line; provided, however, that the Bureau of Inspection may permit the
construction of a swimming pool over a sewer line where such line is con-
structed of four (4) inch extra heavy cast iron.
(h) The pool sides and bottom shall be constructed of smooth non-
absorbent materials, free from cracks and be so constructed as to be properly
drained through one or more metal grade openings.
(i) All swimming pool installations must be completed, filled
with water, and the filter system in operation before final inspection.
(j) All private swimming pools shall be cons truc ted and operated
in strict accordance with provisions of the ordinances of the City of Livonia
and the general laws of the State of Itchigan, including portagle type pools
designed to hold water to a depth of two (2) feet or more.
Section 11. Filtration System Required for Existing Pools.
(a) All swimming pools of any portable type over two (2) feet in
depth, which have at the present time no filtration system, shall be required
to install and have same approved within one (1) year of the effective date
of this ordinance.
Page 4431
(b) Notwithstanding any of the other provisions of this ordinance,
all portable pools hereafter located in the City and which are designed to
hold water to a depth of two (2) feet or more shall have an approved filtra-
tion system.
Section 12. Inspection. The Health Department and the Building Department
shall have the right, at any reasonable hour, to inspect any swimming pool for the
purpose of determing that all provisions of this ordinance are fulfilled and complied
with. Before any swimming pool shall be used, a final inspection and approval must be
had from both the Building Department and the Health Department.
Section 13. Savings Clause. Owners of all private swimming pools, already
constructed as of the effective date of this ordinance, shall not be subject to any of
the construction revirements of this ordinance except as herein specifically provided.
ARTICLE III.
LICENSE AND OPERATION REQUIREMENTS
Section 1. License Required. It shall be unlawful hereafter for any private
swimming club or similar organization to maintain or operate a private swimming pool in
the City of Livonia without having first obtained a license therefor.
Section 2. Application. Application for license shall be made to the City
Clerk in the name of the organization or corporation owning and/or operating the private
swimming pool to be licensed. It shall also show the address of the club or organiza-
tion and also the names and addresses of the officers and directors of the club or
argfnization. Each application shall set forth the location where the applicant proposes
to operate the private swimming pool and other recreational facilities, if any. Attached
to the application shall be the affidavit hereinafter required together with a certified
copy of the By-laws and Articles of Incorporation of the applicant.
Section 3. Approvals Required. The application and such license to operate
a private swimming pool shall be filed with the City Clerk; the City Clerk shall then
refer the application to the Bureau of Inspection, Department of Health and the Police
and Fire Departments for their respective recommendations:
(a) Bureau of Inspection. The Bureau of Inspection shall approve
the application for license if the premises to be devoted to such use are
within a proper zoning district and if all of the provisions of this ordinance
have been or can be complied with fully and satisfactorily.
(b) Department of Health. The Department of Health shall investigate
the sanitary facilities and health conditions of the premises whereon the pro-
posed use will exist and shall approve the application if it is determined
that adequate sanitary facilities exist and that there is not existing any
condition which might be inimical to the public health.
(c) Police Department. The Police Department shall investigate
the parking and traffic provisions that have been made and shall approve the
application for license if it is determined that the same is in accordance
with the approved parking and traffic plan.
(d) Fire Department. The Fire Department shall investigate the
need for safety and fire prevention equipment and determine the existence
of any possible fire hazards, and shall approve the application in the event
Page 1432
that adequate provision has been made for safety and fire prevention and if
no possible fire hazards are found to exist on the premises.
Section 4. Issuance of License. The City Clerk shall issue a license to the
applicant for the operation of a private swimming pool club only if the application is
in order and all of the approvals required herein have been obtained.
Section 5. License; Limitation. Notwithstanding any of the above, as a
condition precedent to the issuance of the original license and as a condition precedent
to the annual renewal of such license, an affidavit under oath shall be submitted to the
City Clerk attached to the application wherein the applicant or an authorized represen-
tative of the applicant states under oath that the membership of the applicant club or
organization has been and is restricted solely to bonafide residents of the City of
Livonia and that a provision in that regard has been and is included in the By-laws
of the applicant club or organization.
Section 6. License Fees. Upon the filing of the application for a license,
whether for the original license or renewal, the applicant shall pay to the City
Treasurer an annual fee in the amount of Twenty-five ( 25.00) Dollars.
Section 7. Expiration of License; Nontransferable. All licenses granted
under the provisions of this ordinance shall expire at midnight of March 31 of each
year. All such licenses shall be displayed in a conspicuous place in or near the
entrance to the premises on which the private swimming pool is located. Each license
shall cover the operations of but one private swimming club and the application for
license and the license shall not be transferable in any case nor for any reason or
circumstances.
Section 8. Requirements for Operation. No private swimming pool club or
organization shall maintain or operate a private swimming pool and/or any accessory
recreational facilities in violation of the following requirements and it shall be
unlawful for the owner, private swimming pool club, person, corporation, operator or
manager of any club pool, or its agents, servants or employees to violate or permit
violations of any such requirements which are, to wit:
(a) Loitering shall not be permitted in or about the entrance
to or exits from the premises on which any club pool is situated;
(b) Aside from a reasonable amount of noise and confusion
ordinarily associated with this type of use, there shall be no excessive
noise and order shall be maintained upon the premises where any club pool
is operated;
(c) No suggestive advertising, pictures or writing shall be
permitted on the premises of any club pool and a notice shall be posted at
the entrance to the premises informing the public as to the private nature
of the use;
(d) Adequate provisions shall be made for the sanitary needs of
members, guests and other persons visiting the premises on which the club
pool is located and shall be consistent with all pertinent laws and or-
dinances and subject at all times to the inspection and approval of the
Department of Public Works and the Department of Health;
(e) The private swimmLng club shall furnish sufficient attendants
including lifeguards to provide for adequate supervision and safety of the
Page 1;433
club pool area and the entire premises on which the club pool is located
and sufficient also to maintain order on the premises and to avoid confusion
in the movement of cars and pedestrians in and out thereof;
(f) Means of access shall be made available at all times for fire
apparatus, ambulance and other emergency vehicles;
(g) Fire extinguishing equipment shall be furnished in such kirxis
and amounts and in such locations as may be directed by the Livonia Fire De-
partment, and applicable regulations, ordinances and laws; and
(h) Any sale of soft drinks, confections or other articles of
merchandise shall be governed by the laws and ordinances pertaining to the
sale of such merchandise and shall require the same license or licenses as
if the sales were conducted elsewhere.
Section 9. Suspension and Revocation. The Council shall have the power to
revoke or suspend any license granted pursuant to the provisions of this ordinance.
No license, however, shall be suspended or revoked except for cause upon a sworn proof
of charges filed with the City Clerk by a person with personal knowledge of the facts
SW orn to. Such proof of charges shall specify with reasonable detail the facts on
which the charges are based; any of the facts hereinafter referred to are hereby de-
clared to be grounds for suspension or revocation of any license issued under the pro-
visions of this ordinance and, if established, shall be sufficient grounds for suspension
or revocation in the discretion of the City Council, to wits
(a) Facts showing that the applicant for a license made one or
more fraudulent statements or misrepresentations or concealed material in-
formation in the application for a license;
(b) Facts showing that such licensee has violated or permitted
a violation of this ordinance which injuriously affects the public health,
safety, morals or welfare, or that this ardinancehhas been violated in con-
nection with the licensed operation and that the licensee was aware or, at
the exercise of reasonable diligence, should have been aware that such
violation had occurred.
Upon filing of such charges, the Council shall establish a date for hearing
of the same before the Council within two (2) weeks and shall give to suchlicensee a
notice of such hearing within three (3) days together with a copy of the charges speci-
fying the facts supporting the charges filed by the complainant.
The City Clerk shall act as Clerk of the Council in connection with any pro-
ceedings instituted in connection with the suspension or revocation of any license.
Section 10. Appeal to C ouncil for Exception. An applicant may appeal to the
City Council for a modification of any of the requirements contained herein. The ap-
plicant shall show practical difficulties, hardships or special circumstances upon
which the request for modification is made. The City Council may or may not thereafter
determine to grant the request in whole or in part and to modify the requirements of
this ordinance. Such action, if taken, shall be by resolution of the City Council.
Section 11. Validity. 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.
Page 4434
Section 12. Penalty. Any person, firm or corporation violating the pro-
visions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof
shall be subject to a fine not to exceed Five Hundred ($500.00) Dollars or by imprison-
ment not exceeding ninety (90) days, or both such fine and imprisonment in the dis-
cretion of the court.
Section 13. Repeal. Ordinance No. 252 is hereby 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 and effect.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
By Councilman McCann, seconded by Councilman Bagnall and unanimously
adopted, it was
#377-60 RESOLVED that, having considered the report and recommendation
of the Chief of Police and the Director of Public Safety dated June 14,
1960, and the communication from the Liquor Control Commission dated April
7, 1960, relative to the adding of space and an additional bar to the
Merri Bowl Company, Inc., located at 30950 Five Mile Road, Livonia, Michigan,
the Council does hereby concur with the report and recommendation of the
Police Department and the request of Merri Bowl Company, Inc., to add space
and an additional bar to its Class C establishment at 30950 Five Mile Road,
Livonia, Michigan, is hereby approved.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#378-60 RESOLVED that, having considered the communication dated June 7,
1960 from the Chief of Police and the Director of Public Safety, and the
letter from the Liquor Control Commission dated May 6, 1960, relative to
the request of Louis Perchikoff and Faith L. Horman to add Faith Norman
as partner on the 1960 SDM license located at 33614 Plymouth Road, Livonia,
Michigan, the Council does hereby concur in the report and recommendation
of the Police Department and the request of the applicant to add a partner
on the 1960 SDM license located at 33614 Plymouth Road, Livonia, Michigan,
is hereby approved.
By Councilman Daugherty, seconded by Councilman McCann, it was
#379-60 RESOLVED that, having considered the report and recommendation
of the Budget Director dated June 16, 1960, approved by the Mayor, to
employ one (1) Secretary (a) to expedite the preparation of the Budget,
the Council does hereby approve of the request of the Budget Director and
the sum of $2,000.00 is hereby transferred from the Provision for Additional
Personnel Account to the Budget and Purchasing D ivision Account No. 117-1
(Salaries) for the purpose of employing one (1) Secretary (a) to assist in
the preparation of the Budget, as requested.
A roll call vote was taken on the foregoing resolution with the following result:
Page 435
AYES: Daugherty, Bagnall, Kleinert, McCann and Salvadore.
NAYS: None.
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
#380-60 RESOLVED that, having considered the report and recommendation
of the City Planning Commission dated May 31, 1960, which designated the
locations of three (3) industrial roads in Section 27, the Council does
hereby receive said report and recommendation and places it on file.
Councilman Bagnall introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 17.02 OF ARTICLE 17.00 OF
ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING ORDINANCE
OF THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 17.02 of Article 17.00 of Ordinance No. 60, as amended,
entitled "Zoning Ordinance of the City of Livonia," is hereby amended to read as
follows:
Section 17.02. Authority to Approve Uses; Filing Fees. When-
ever in this ordinance the lawful exercise or existence of a use requires
the approval of the City Flanning Commission, such commission is hereby
authorized and directed to investigate the matter requiring such approval,
to conduct a hearing thereon, to make a determination, to either grant or
refuse approval and to do all things reasonably necessary to the making of
such investigation and determination, subject to the provisions of Section
17.03 to 17.07 inclusive, of this ordinance. Each petition or application
of a property owner or owners requesting such approval by the City Planning
Commission shall be accompanied by a filing fee of Twenty-five ($25.00)
Dollars.
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. If any part or parts of this ordinance are for any reason held
to be invalid, such holding shall not affect the validity of the remaining portions
of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
Page 4436
#381-60 RESOLVED that, having considered the report and recommendation
of the City Planning Commission dated May 24, 1960,relative to the re-
location of Hubbard Road in the south half of Section 22, the Council does
hereby receive said report and recommendation and places it on file.
Councilman McCann introduced the following emergency Ordinance:
AN OriDINANCE AMENDING SECTION 15 OF THE ZONING MAP OF THE CITY OF
LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE,ORDINANCE
NO. 60, AS AMENDED, OF THE CITY OF LIVONIA,BY ADDING THERETO SECTION
3.269.
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission
dated March 30, 1960, in regard to Petition No. Z-321, having been considered by the
Council, the Council hereby adopts said petition to anend 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 3.269. Petition No. Z-321, initiated by the City Planning
Commission is hereby granted insofar as it relates to the property- described
hereafter, and the zoning classification of such premises, the same being
particularly described as the property situated in the Southwest 1/4 of
Section 15 and bounded on the North by Myrna Road and the Quarter Section
Line, on the West by Farmington Road, on the South by Rayburn and on the
East by Hubbard Road, is hereby changed to R-1-A, and the Southwest 1/4 of
Section 15 of the Zoning Map is hereby amended to conform to the change
made in this section.
Section 3. The attached map designated "Amendment No. 63 of the Zohing 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 a part
hereof.
Section 4. All ordinances ar 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.
Section 6. This ordinance is hereby declared to be an emergency ordinance,
necessary for the protection of the public safety and welfann and shall take effect
immediately on publication.
A roll call vote was conducted on the foregoing Ordinance with the following result:
Page 4437
AYES: Daugherty, Bagnall, Kleinert, McCann and Salvador's.
NAYS: None.
The Vice President declared the Ordinance duly adopted and would become effective
on publication.
Councilman Kleinert introduced the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 2, 13, 2L, 31 AND 33 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING
ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA BY
ADDING THERETO SECTIONS 3.270, 3.271, 3.272, 3.273 AND 3.274.
THE CITY OF LIVONIA ORDAINS:
Section 1. The reports and recommendations of the City Planning Commission
dated November 11, 1959 on Petition No. Z-1116; dated March 29, 19o0 on Petitions No.
Z-1434 and No. Z-135; dated May 91 1960 on Petition No. Z-)i)1 4, as amended; and dated
May 12, 1960 on Petition No. Z-1439, having been considered by the Council, the Council
hereby adopts said petitions to amend the Zoning Ordinance and the Zoning Map of the
City of Livonia, and all proceedings heretofore conducted on said petitions 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 sections:
Section 3.270. Petition No. Z-41b submitted by Max Baskin, et al,
is hereby granted and the zoning classification of the premises described in
said petition is hereby changed from R-3 to C-2 as requested in said petition
and the Northeast 1/14 of Section 31 of the Zoning Map is hereby amended to
conform to the change made in this section.
Section 3.271. Petition No.Zl4314 submitted by the Trinity Baptist
Church is hereby granted and the zoning classification of the premises
described in said petition is hereby changed from RUFB to PS as requested
in said petition and the Northwest 1/14 of Section 214 of the Zoning Map is
hereby amended to conform to the charge made in this section.
Section 3.272. Petition No.Z-1435 submitted by Kenneth White is
hereby granted and the zoning classification of the premises described in
said petition is hereby changed from C-2 to R-1-A as requested in said
petition and the Northeast 1/14 of Section 33 of the Zoning Map is hereby
amended to conform to the change made in this section.
Section 3.273. Petition No. Z-1439 submitted by Irving Lipsky
is hereby granted and the zoning classification of the premises described
in said petition is hereby changed from RUFB to R-1-A as requested in said
petition and the Southeast 1/14 of Section 2 of the Zoning Map is hereby
amended to conform to the change made in this section.
Section 3.274. Petition No. Z4)J , as amended, submitted by George
and Susan Schmotzer is hereby granted and the zoning classification of the
Page 4438
premises described in said petition is hereby charged from RUFB to RUA as
requested in said amended petition and the Southwest 1/14 of Section 13 of
the Zoning Map is hereby amended to conform to the change made in this section.
Section 3. The attached map designated ',Amendment No. 64 of the Zoning Map
of the City of Livonia,“ showing all of the amendments and changes made in the f oregci ng
Section 2 of this ordinance is hereby approved, ewtablished and made a part hereof.
Section 4. All ordinalces 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 Daugherty, seconded by Councilman Bagnall and unanimously
adopted, it was
#382-60 RESOLVED that, having considered the report and recommendation
of the Superintendent of Operations, approved by the Director of Public
Works, dated June 20, 1960, relative to the recommendation on bids for a
12-ton Pneumatic-Tire Roller, the Council does hereby reject all bids
received for the 12-ton Pneumatic-Tire holler, and the Superintendent of
Operations is hereby requested to re-advertise for the purpose of obtain-
ing new bids.
The report of the Municipal Court for the month of May, 1960, was received
and placed on file.
The Vice President appointed Councilmen Bagnall, McCann and Daugherty to
the Advisory Committee to assist the Citizens Research Council in its survey of the
Livonia City Government.
By Councilman Daugherty, seconded by Councilman McCann, it was
#383-60 RESOLVED that, G. H. Pastor Development Company, 255411 Plymouth
Road, Detroit 39, Michigan, as proprietors, having requested the City
Council to approve the proposed plat of the following Subdivisions
Kimberly Oaks Estates Subdivision No. 2, located in part of the Southwest
1/4 of Section 22, City of Livonia; and it appearing that tentative approval
of said proposed plat was given by the City Planning Commission under date
of October 20, 1959; and it further appearing that said proposed plat,
together with the plans and specifications for improvements therein, have
been approved by the Department of Public Works under date of May 16, 1960
and June 27, 1960; the City Council does hereby approve said proposed plat
on the following conditions:
Page 439
(1) All of such improvements shall be installed in conformance with the
Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules
and regulations of the Department of Public Works, within a period of two
(2) years from the date of this resolution;
(2) That the installation of such improvements shall be supervised and
inspected by the Department of Public Works and such improvements shall
not be considered as having been satisfactorily installed until there is
filed with the Council a Certificate as provided in Section 14 of said
Ordinance No. 135, as amended;
(3) That the City Clerk is not authorized to affix her signature to said
Plat until either said improvements have been satisfactorily installed or,
in lieu thereof, there is filed with her by said proprietors a bond to the
City of Livonia, in such form as may be approved by the City Attorney, and
in the following amounts
$328,000.00, of which $10,000.00 shall be cash;
and until all inspection fees and other charges due to the City of Livonia
have been fully paid;
(4) That the proprietor submit to the City Engineer as built plans of all
improvements installed in the subdivision, on cloth reproducible material;
(5) On full compliance with the above conditions and with the provisions
of said Plat Ordinance, as amended, the City Clerk is hereby authorized to
affix her signature to said Plat as evidence of this approval.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Bagnall, Kleinert, McCann and Salvadore.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Bagnall, it was
RESOLVED that, consideration of the relocation of the Bakewell
Drain matter be tabled to the next sturdy meeting, with a report to be
forthcoming from the Engineering Department.
A roll call vote was taken on the foregoing resoluti on with the following result:
AYES: Daugherty and Bagnall.
NAYS: Kleinert, McCann and Salvadore.
The Vice President declared the resolution denied.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#384-60 RESOLVED that, this 311th regular meeting of the Council of
the City of Lit± nia be adjourned to July 6, 1960, at 8:30 P. 146
Page Iila)iO
The Vice President declared the resolution adopted and the meeting
adjourned to July 6, 1960, at 8:30 P. M., the time of this adjournment being
10:25 P. M., June 27, 1960.
4$ W. CLARK, City Clerk