HomeMy WebLinkAboutCOUNCIL MINUTES 1959-04-13 Page 3867
MINUTES OF THE TWO HUNDRED SEVENTY-FIFTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On April 13, 1959, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, aid was called to order by the President at approximately 8:32
P. M. Councilman Sasser 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 James R. McCann. Absent-- *Jack Salvadore.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#174-59 RESOLVED that, the minutes of the 274th regular meeting of the
Council of the City of Livonia held March 23, 1959, are hereby approved.
Councilman Bagnall, Chairman, read a report dated April 7, 1959, from
the Finance and Insurance Committee.
*Councilman Jack Salvadore arrived at 8:35 P. M.
By Councilman Bagnall, seconded by Councilman Sasser, it was
#175-59 RESOLVED that, the recommendation of the Civil Service Commission
for the establishment of two new classifications of Commercial License Clerk
and Rgistration Clerk be tabled for further consideration.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman Sasser, it was
#176-59 RESOLVED that, pursuant to the report aid recommendation of the
Finance aid Insurance Committee dated April 7, 1959, the Council does
hereby concur with and approve of the following rate schedules:
First Assistant City Attorney - $8,000.00
Assistant City Attorney « $7,700.00,
the aforementioned rate schedules to become effective May 1, 19593 and
the sum of $250.00 is hereby transferred from the Unappropriated Surplus
to the Department of Law Budget Account No. 1-A (Salaries).
A roll call vote was taken on the foregoing resolution with the following result:
Page 3868
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Bagnall , seconded by Councilman Salvadore, it was
#177-59 RESOLVED that, pursuant to the report and recommendation of the
Finance and Insurance Committee dated April 7, 1959, the Council does
hereby transfer the sum of 51,000.00 from the Unappropriated Surplus to
the City Planning Commission Budget Account No. 1-B (clerical salaries)
and does also transfer the sum of $1,000.00 from the Unappropriated Sur-
plus to the Executive Budget Account No. 1-B, to be used for the purpose
of employing a Junior Clerk-Typist who will divide her time between the
office of the City Planning Commission and the office of the Budget Director;
and further the Civil Service Commission is requested to do all things
necessary in connection with the employment of such additional employee.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman McCann, it was
#178-59 RESOLVED that, pursuant to the report and recommendation of the
Finance and Insurance Committee dated April 7, 1959, the Council does
hereby concur with and approve of the following rate schedule:
Construction Supervisor - $7,072.00,
the aforementioned rate schedule to become effective May 1, 1959.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman McCann, it was
#179-59 RESOLVED that, pursuant to the report and recommendation of the
Finance and Insurance Committee dated April 7, 1959, the Council does
hereby concur with and approve of the following rate schedule:
Engineer IV - $5,624.32,
the aforementioned rate schedule to become effective May 1, 1959.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
Page 3869
By Councilman Bagnall, seconded by Councilman Sasser, it was
#180-59 RESOLVED that, pursuant to the request of the Civil Service
Commission dated April 13, 1959, the establishment of classification of
Drivers License Examiner and proposed salary for same be tabled for
further consideration, it being understood that a further recommendation
pertaining to this classification and rate will be forwarded to the
Council within ten (10) dayys.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: Salvadore.
The President declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman Sasser and unanimously
adopted, it was
#181-59 RESOLVED that, pursuant to the report and recommendation of the
Finance and Insurance Committee dated April 7, 1959, the Council does
hereby determine and does reject the recommendation of the Civil Service
Commission that there be established a new salary rate for the classifica-
tion of Chief Clerk and further that this action is taken for the reasons
contained in the aforementioned report.
By Councilman Bagnall, seconded by Councilman Salvadore, it was
#182-59 RESOLVED that, pursuant to the report and recommendation of the
Finance and Insurance Committee dated April 7, 1959, the Council does
hereby determine to take no action in regard to the longevity program
recommended by the Civil Service Commission in order to afford time
within which to compile data from other municipalities concerning similar
programs.
A roll call vote was taken an the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Sasser, seconded by Councilman Bagnall and unanimously
adopted, it was
#183-59 RESOLVED that, pursuant to the report and recommendation of the
Finance and Insurance Committee dated April 7, 1959, the Council does
hereby determine qnd does reject the recommendation of the Civil Service
Commission dated November 26, 1958, in regard to overtime pay for the
Assistant City Engineer, aid that in the further interest of consistency,
the Council recommends that the Civil Service Commission consider
Page 3870
establishing a policy which would exclude all comparable administrative,
executive and supervisory classifications from receiving overtime pay.
By Councilman Bagnall, seconded by Councilman Sasser, it was
#184-59 RESOLVED that, pursuant to the report and recommendation of the
Finance and Insurance Committee dated April 7, 1959, the Council does
hereby determine that the City of Livonia shall participate to the extent
of 50% of the premium in the insurance program available through the
National Police Officers Association of America, which program provides
insurance coverage for police officers against whom actions are commenced
for false arrest, malicious prosecution, unlawful detention, etc.;
provided, however, that participation in such insurance program shall
be voluntary an the part of each police officer.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Salvadore and unanimously
adopted, it was
#185-59 RESOLVED that, pursuant to the report and recommendation of the
Finance and Insurance Committee dated April 7, 1959, the Council does
hereby determine to and does reject the request of the Civil Service Com-
mission dated March 2, 1959, for an additional appropriation to the Civil
Service Commission Examiners Fee Account; provided, however, that as the
necessity for funds arises in connection with paying Examination Fees,
the Civil Service Commission may make the necessary requests to the
Council and each individual request will be considered at that time.
A ustin T. Grant, President of the Council, read a letter dated April 13,
1959, to the Mayor from the Director of Public Safety, stating that Detective
Lieutenant Robert Turner, now attending the Federal Bureau of Investigation National
Police Academy in Washington, D. C., was one of the top men in the class at the
Academy.
By Councilman Bagnall, seconded by Councilman McCann, it was
#186-59 RESOLVED that, pursuant to the recommendation of the Department
of Law dated March 30, 1959, the Council does hereby approve of the agree-
ment entitled, "The Standard Form of Agreement between Owner and Architect",
by and between the City of Livonia and Clair W. Ditchy Associates, 1232
Woodward Avenue, Royal Oak, Michigan, excluding provision #2 in the agree-
ment as submitted by the Department of Law, for the construction of two
fire stations; and the Mayor and City Clerk are hereby authorized to
affix their signatures to such agreement for and on behalf of the City
Page 3871
of Livonia; and that the fee for such architectural service is to be
six per cent (6%) of the work according to the contract.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: Sasser.
The President declared the resolution adopted.
Councilman McCann was excused at 8:51 P. M.
By Councilman Kleinert, seconded by Councilman Sasser, it was
#187-59 RESOLVED that, the Council does hereby acknowledge receipt of
a communication dated March 17, 1959, from the Water aid Sewer Board in
regard to the anended rate schedule of the Wayne County Metropolitan
Sewerage and Sewage Disposal System; and further the Council does hereby
rescind Council resolution #99-59 adopted at the regular meeting of
February 9, 1959, for the reason that it has determined to provide for
the collection of such additional charge by the amendment to Ordinance
No. 2214. of the City of Livonia.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Sasser, Salvadore, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
Councilman McCann returned at 8:58 P. M.
By Councilman Salvadore, seconded by Councilman McCann, it was
#188-59 RESOLVED that, in order to afford the Council ample time to
adequately review the budget of the Water and Sewer Division and in
order not to impair the orderly operation and administration of the
Water and Sewer Division, the Council does hereby approve of and accept
the supplementary interim budget for said division as outlined in a
letter from the Budget Director dated April 13, 1959, such interim budget
to be in force and effect for a period of one month commencing April 1,
1959, and extending through April 30, 1959.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Sasser, it was
#189-59 RESOLVED that, having considered the recommendation of the
Oity Planning Commission dated March 10, 1959, in regard to Petition
Page 3872
No. Z-336 submitted by James N. Canham for Leo Stein asking for change
of zoning classification on property located in the Northwest 1/4 of
Section 11 from RUFB to PS, the Council does hereby determine to and
does reject the request contained in said petition for the following
reasons:
(a) The requested zoning is not in harmony with the zoning
or development of the surrounding neighborhood, nor is it in
accord with the Comprehensive Zoning Map and Master Plan of
the City of Livonia;
(b) The existing zoning classification of such property, that
is residential, is consistent with the immediate area and will
encourage and promote the orderly development of the community
and allows the property to be used for its most logical purpose;
and
(c) The requested zoning change, if granted, would be likely
to interfere with the peaceful enjoyment of surrounding
residential premises.
A roll call vote was taken an the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Kleinert and Grant.
NAYS: Bagnall.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman S asser and unanimously
adopted, it was
#190-59 RESOLVED that, having considered the recommendation of the
City Planning Commission dated March 10, 1959, in regard to Petition
No. Z-350 submitted by Harold O. Ford, Jr. and Bertram E. gynearson, Jr.
asking for change of zoning classification on property located in the
Northwest 1/4 of Section II from RUFB to PS, the Council does hereby
determine to and does reject the request contained in saw petition for
the following reasons:
(a) The requested zoning is not in harmony with the zoning
or development of the surrounding neighborhood, nor is it
in accord with the Comprehensive Zoning Map and Master Plan
of the City of Livonia;
(b) The existing zoning classification of such property, that
is residential, is consistent with the immediate area and will
encourage and promote the orderly development of the community
and allows the property to be used for its most logical purpose;
L, and
(c) The requested zoning change, if granted, would be likely
to interfere with the peaceful enjoyment of surrounding
residential premises.
Page 3873
By Councilman Sasser, s econded by Councilman Bagnall and unanimously
adopted, it was
#191-59 RESOLVED that, pursuant to the recommendation of the City Plan-
ning Commission dated March 10, 1959, in regard to Petition No. Z-357 sub-
mitted by Donald Gaeke on behalf of George Klein and Jack Shenkman for
change of zoning in the Southeast 1/4 of Section 2 from RUFB to R-1-A
and C-2, the Council does hereby concur in said recommendation and does
hereby grant said petition; and the Department of Law is instructed to
prepare an ordinance amending Ordinance No. 60 in accordance with this
resolution.
By Councilman Kleinert, seconded by Councilman Bagnall and Unanimously
adopted, it was
#192-59 RESOLVED that, pursuant to the recommendation oft he City Plan-
ning Commission dated January 15, 1959, in regard to Petition No. Z-346
initiated by the City Planning Commission on its own motion to determine
whether or not Article 7.50 of Ordinance No. 60 entitled "Zoning Ordinance
of the City of Livonia," should be amended, the Council does hereby ap-
prove of and grant said petition; and the Department of Law having pre-
viously prepared such amendment aid the same being in accordance with
this resolution, the Council does hereby determine to introduce the above
referred to amending ordinance at this time, pursuant to provision of law.
Councilman Bagnall introduced the following Ordinance:
NO.
AN ORDINANCE AMENDING SECTION 7.52 OF ARTICLE
7.50 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED
"ZONING ORDINANCE OF THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 7.52 of Article 7.50 of Ordinance No. 60, as amended,
entitled "Zoning Ordinance of the City of Livonia," is hereby amended to read as
follows:
Section 7.52. Uses Permitted. In all R-U Districts no
building or land, except as otherwise provided in this ordinance,
shall be erected or used except for one or more of the following
specified uses:
(a) All uses in R-1 Districts as specified in Article 5.00,
Section 5.02; provided, however, that notwithstanding any
other provision of this ordinance contrary thereto or in
conflict herewith, every residential lot or parcel in an R-U
District shall have the minimum lot area set forth in Section
7.54 of this article.
Page 3874
(b ) All uses permitted under Article 6.00 and Article 7.00
of this ordinance, that is R-2 and R-3 uses, are specifically
excluded from and prohibited in the R-U District.
(c) Professional offices and customary home occupations such
as dentists and physicians offices, dance and music schools or
dressmaking may be allowed by approval of the City Planning
Commission with limitations so that the occupation is clearly
an accessory to the permissive use, and the residential character
of the exterior of the dwelling is not changed.
(d) Display - Display of signs limited to information rather
than advertising shall be not more than one (1) square foot
placed not less than thirty (30) feet from the street right-of-way
line.
(e) Employment - Each home occupation and office shall have
not more than one (1) employee other than members of the im-
mediate family.
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 Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#193-59 RESOLVED that, pursuant to the recommendation of the City Plan-
ning Commission dated March 10, 1959, in regard to Petition No. Z-355
initiated by the_City Planning Commission on its own motion to determine
whether or not Article 4.00 and Article 7.00 of Ordinance No. 60 entitled
"Zoning Ordinance of the City of Livonia," should be amended, the Council
does hereby approve of and grant said petition with the modification that
Section 4.07 read 3000 square feet as originally proposed and advertised
by the City Planning Commission rather than 2800 square feet; and the
Department of Law having previously prepared such amendment and the same
being in accordance with this resolution, the Council does hereby determine
to introduce the above referred to amending ordinance at this time, pur-
suant to provision of law.
Councilman Sasser introduced the following Ordinance:
NO.
rattl
AN ORDINANCE AMENDING SECTION 4.07 OF ARTICLE 4.00,
AND SECTIONS 7.02, 7.04, 7.05, 7.06 AND 7.07 OF
ARTICLE 7.00 OF ORDINANCE NO. 60, AS AMENDED, EN-
TITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1, Section 4.07 of Article 4.00 of Ordinance No. 60, as amended,
is hereby amended to read as follows:
Section 4.07. Minimum Lot Area for Dwellings. The minimum
lot areas required for the sites of all dwellings, together with ac-
cessory buildings, hereafter erected, are hereby established as follows:
(a) One-family dwellings. Each one-family dwellings together
with accessory buildings, shall be located on a lot of a size
and width not less than the minimum requirements for a lot pro-
vided in Section 4.05 of this ordinance;
(b) Two-family dwellings. Each two-family dwelling shall be
located on a lot of a size and width not less than the minimum
requirements for a lot provided in Section 4.05 of this ordinance,
plus four hundred (400) square feet for each room of eighty (80)
or more square feet used for dwelling purposes in excess of one
(1) living unit;
(c) Other dwellings. Each dwelling other than a one-family or
two-family dwelling shall be located on a lot of sufficient area
to provide three thousand (3000) square feet for each dwelling
unit to be contained therein;
(d) Lot Limitations. No more than one dwelling shall be placed
on a single lot within a recorded plat, except that parcels
described as "outlots" may be so arranged or subdivided as to
provide for one or more dwellings when the land area allocated
to each dwelling is equal to or greater than the lot area re-
quired for the district, and the dwelling and land complies
with all of the other requirements of the district in which it
is located.
Section 2. Sections 7.02, 7.04, 7.05, 7.06 and 7.07 of Article 7.00 of
Ordinance No. 60, as amended, are hereby amended to read as follows:
Section 7.02. Uses Permitted. In all R-3 Districts no building
or land, except as otherwise provided in this ordinance, shall be erected
or used except for one or more of the following specified uses:
(a) All uses permitted in R-2 Districts;
(b) Multiple dwellingslapartment houses, rooming houses, and
hotels, on approval of the City Planning Commission. The ap-
plicant shall submit to the City Planning Commission a site
plan indicating the location of all buildings, structures,
points of ingress and egress, and off-street parking facilities.
Page 3576
City Planning Commission approval shall be granted only where
the required site plan indicates that the proposed use is not
likely to endanger ar be detrimental to the public safety and
welfare, and where all other requirements of this article have
been complied with.
Section 7.04. Front Yard. Each lot in R-3 Districts shall have
a front yard of not less than thirty-five (35) feet in depth.
Section 7.05. Side Yards; Residential Use. Every lot on which
a multiple dwelling is erected shall be provided with a side yard an each
side of such lot. Each such side yard shall have a minimum width of twenty
(20) feet which shall be increased by one-half (1/2) foot for each ten (10)
feet or part thereof by which the length of the multiple dwelling exceeds
fifty (50) feet in over-all dimension along the adjoining lot line.
Section 7.06. Side Yards• Non-Residential Use. Every lot on
which a building or structure used tor non-dwelling purposes, other than
accessory buildings is erected, shall be provided with a side yard on
each side of such lot. Each such side yard shall have a minimum width
of twenty (20) feet which shall be increased by one (1) foot for each
five (5) feet or part thereof by which the length of the building or
structure exceeds fifty (50) feet in over-all dimension along the ad-
joining lot line and also, by an additional one (1) foot for every two
(2) feet or part thereof by which the height of such building or structure
exceeds thirty-five (35) feet.
Section 7.07. Side Yards; Abutting Upon Street. In R-3 Districts
the width of side yards abutting upon a street shall not be less than
twenty (20) feet at the first floor level, when rear yards abut rear yards;
however, in the case of a rear yard abutting a side yard of an adjacent
lot, the side yard abutting upon a street shall not be less than twenty-
five (25) feet.
Section 3. 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 4. Should any portion of this ordinance he held invalid for any
reason, such holding shall not be construed as affecting the validity of the re-
maining portion of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Uouncil.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#191 -59 RESOLVED that, pursuant to the recommendation of the City Plan-
t.
Commission dated March 10, 1959, in regard to Petition No. Z-358
submitted by Leonard Farber on behalf of G. & D. Rohde and M. & M. Priemer
for change of zoning in the Northeast 1/4 of Section 20 from AGB to R-1-A,
the Council does hereby concur in said recommendation and does hereby ap-
prove said petition; and the Department of Law is instructed to prepare an
ordinance amending Ordinance No. 60 in accordance with this resolution.
Page 3877
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Kleinert and Grant.
NAYS: Bagnall.
The President declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman Sasser and unanimously
adopted, it was
#195-59 RESOLVED that, pursuant to the recommendation of the City Plan-
ning Commission dated March 10, 1959, in regard to Petition No. Z-360
submitted by R. J. Silberstein on behalf of J. & V. Reding for change of
zoning in the Northwest 1/4 of Section 17 from AGB to R-1-A for the western
30 acres thereof and from AGB to R-3 for the eastern 10 acres thereof, the
Council in accordance with said recommendation of the Planning Commission
does hereby approve of the requested zoning change to R-1-A and makes no
decision nor recommendation whatsoever at this time in regard to the re-
quest for a change of zoning to R-3 in order to afford the City Planning
Commission ample time to make an affirmative or negative recommendation
thereto; and the Department of Law is instructed to prepare an ordinance
amending Ordinance No. 60 in accordance with this resolution.
By Councilman Sasser, seconded by Councilman Kleinert, it was
#196-59 RESOLVED that, pursuant to the recommendation of the City Plan-
ning Commission dated March 10, 1959, in regard to Petition No. 1-362 as
amended submitted by Harry Lightstone for change of zoning in the South-
west 1/4 of Section 31 from AGB and RUFB to R-1-A and C-1, the Council does
hereby concur in said recommendation and does hereby approve said petition
as amended, and the Department of Law is instructed to prepare an ordinance
amending Ordinance No. 60 in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, O'Neill, Bagnall, Kleinert and Grant.
NAYS: McCann.
The President declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman Salvadore and unanimously
adopted, it was
#197-59 RESOLVED that, pursuant to the recommendation of the City Plan-
ning Commission dated March 20, 1959, in regard to Petition No. Z-367 sub-
mitted by Phil Dembs of Nelson Homes, Inc. for change of zoning in the
Northwest 1/4 of Section 11 from RUF (A & B5 to R-1-A, the Council does
hereby concur in said recommendation and does hereby approve said petition;
and the Department of Law is instructed to prepare an ordinance amending
Ordinance No. 60 in accordance with this resolution.
Page 30(0
By Councilman McCann, seconded by Councilman Kleinert and unanimously
adopted, it was
#198-59 RESOLVED that, pursuant to the recommendation of the City Plan-
ning Commission dated March 24, 1959, in regard to Petition No. Z-369 sub-
mitted by Ivan M. and Kattie S. May for change of zoning in the Northeast
1/4 of Section 3 from RUFB to R-1-A, the Council does hereby concur in said
recommendation and does hereby approve said petition; and the Department of
Law is ins tructed to prepare an ordinance amending Ordinance No. 60 in
accordance with this resolution.
By Councilman Salvadore„ seconded by Councilman Sasser and unanimously
adopted, it was
#199-59 RESOLVED that, pursuant to the recommendation of the City Plan-
ning Commission dated March 24, 1959, in regard to Petition No. Z-371, as
amended, submitted by Clarence J. Boldt and Ruth W. Boldt for change of
zoning in the Northeast 1/4 of Section 11 from RUB to P-1, the Council
does hereby concur in said recommendation and does hereby approve said
petition as amended; and the Department of Law is instructed to prepare
an ordinance amending Ordinance No. 60 in accordance with this resolution.
By Councilman McCann, seconded by Councilman Kleinert and unanimously
adopted, it was
#200-59 RESOLVED that, pursuant to the recommendation of the City Plan-
ning Commission dated March 24, 1959, in regard to Petition No. Z-372 sub-
mitted by Carey Homes, Inc., for change of zoning in the Northeast 1/4 of
Section 11 from RUFB to R-1-As the Oouncil does hereby concur in said re-
commendation and does hereby approve said petition; and the Department of
Law is instructed to prepare an ordinance amending Ordinance No. 60 in
accordance with this resolution.
By Councilman Sasser, seconded by Councilman Salvadore and unanimously
adopted, it was
#201-.59 RESOLVED that, having considered the report and recommendation
of the City Planning Commission dated March 24, 1959, in regard to Petition
No. V-42 submitted by E. C. Imonen & A-sociates to vacate an easement in
the Northwest 1/4 of Section 3, the Council concurs in the recommendation
of the City Planning Commission and Petition No. V-42 is hereby approved;
provided, however, that the petitioner grant to the City of Livonia another
easement of equal width for public utility purposes to be substituted in
lieu of the aforementioned easement to be vacated; and the Department of
Law is instructed to prepare a vacating ordinance in conformity with this
resolution.
By Councilman Kleinert, seconded by Councilman Sasser and unanimously
adopted, it was
Page 3879
#202.59 RESOLVED that, Petition No. V-4111 submitted by D. C. Tear and
Stanley Czarny requesting the City Council to vacate a certain easement
across the North 6 feet of Lot 451, Thomas Elliot Subdivision, is hereby
referred to the City Planning Commission for action according to law and
Ordinance No. 29.
By Councilman Bagnall, seconded by Councilman Kleinert and unanimously
adopted, it was
#203-59 RESOLVED that, before determining to install street lights in
the following area: Livonia Gardens Subdivision situated in the North-
east 1/4 of Section 22 and bounded by Berwick on the West, Five Mile Road
on the North, Merriman on the East and Lyndon on the South; street lights
to be installed on the East side of Berwick, South side of Five Mile Road,
West side of Merriman Road and North side of Lyndon and on both sides of
Auburndale, Melrose and Arden, the latter streets being within the boundary
of the said subdivision; the cost of which is to be defrayed by special
assessment, the City Engineer is hereby required to ascertain tip assessed
valuation of all property affected by the proposed improvement, the number
of parcels which show tax delinquencies, the number of parcels owned by
public authorities, the number of parcels which are now vacant, at 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 a general obligation 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 Bagnall, seconded by Councilman Kleinert and unanimously
adopted, it was
#204-59 RESOLVED that, having considered the recommendation of the
Traffic Commission and the letter from Mr. J. Hodi, Manager of Warehousing
and Transportation for the Kroger Company, dated March 13, 1959, the
Council does hereby request that there be installed on the east side
of Middlebelt iload immediately north of the C. & O. railroad tracks a
"No Left Turn" aign to prohibit left hand turns into the south entrance
of the Kroger warehouse parking lot situated on the west side of Middle-
belt Road in the City of Livonia; and the City Clerk is hereby requested
to transmit copies of this resolution to the Wayne CountyRoad Commission
to the attention of Mr. Russell Harrison.
By Councilman Salvadore, seconded by Councilman Kleinert, it was
#205-59 RESOLVED that, having considered the communications from Mr.
and Mrs. Richard A. Klein, 9905 Shadyside Avenue, and having also con-
sidered the recommendation of the Water and Sewer Board dated March 24,
1959, in regard to. the request of the said. Mr. and Mrs. Klein, for per-
mission to extend a certain sanitary sewer, the Council does hereby grant
permission to the aforementioned parties to extend the sanitary sewer
located on Ann Arbor Trail, west of Hix Road to Lot No. 9, Candace Sub-
rage ,ouv
division on the condition that the aforementioned parties assume all
construction costs in connection with the installation of the requested
sewer extensions including the cost of the cross-over; and provided
further that the Council, having given consideration to the fact that
the petitioners propose to install a ten inch cross-over in order that
the aforementioned trunk sewer will be available to their property,
does hereby determine that the connection charge in this case shall be
$125.00 for the following reasons:
(a) The trunk sewer is being made available to petitioners'
property, at the petitioners' expense, by the installation of
a ten inch cross-over and at no expense to the City; and
(b) The cross-over is of such dimensions that it will make
the trunk sewer available to adjacent properties.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Kleinert and Grant.
NAYS: Bagnall .
The President declared the resolution adopted.
By Councilman Kleinert, seconded byC ouncilman Sasser, it was
#206-59 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer dated March 17, 1959, and approved by the
Director of Public Works, regarding additional work to be performed in
connection with Section III of the present Water Main Extension project,
the Council does hereby authorize and add the sum of $440.00 to the
contract dated December 22, 1958, by and between the City of Livonia and
S. Weissman Excavating Company, Inc.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Bagnall and unanimously
adopted, it was
#207-.59 RESOLVED that, the petition dated March 7, 1959, from residents
of Laurel Road and Pine Tree Road requesting that certain portions of
such roads be designated by the City as public streets, is hereby referred
to the Department of Public aorks for a report indicating the present
condition of such roads and the estimated cost of bringing the said roads
up to minimum county standards and such petition is likewise referred to
the Department of Law for an opinion in connection with the procedure to
be employed in accepting a dedication of said streets in the event that
the Council determines to accept same as part of the Livonia Public Street
system.
Page 3861
By Councilman Salvadore, seconded by Councilman Kleinert, it was
#008-59 RESOLVED that, having considered the letter from the Traffic
Commission dated March 13, 1959, the Council does hereby transfer the
sum of $150.00 from the Unappropriated Surplus to the Special Traffic
Control Account for the purpose of paying 50% of the cost of removal and
reinstallation of a traffic signal device on Plymouth Road and adjacent
to Gate 7 of the Ford Motor Company, Parts Depot Plant.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Bagnall, seconded by C ounces lman Salvadore, it was
#209-59 RESOLVED that, the Department of Law is hereby authorized to
engage the services of two professional appraisers for the purpose of
appraising a parcel of property approximately one acre in area and
situated immediately north of Seven Mile Road at Haggerty Road; and
provided further that the cost of such appraisal services shall be borne
by the revenues of the existing Water Revenue Bond Issue.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman McCann, it was
#210-59 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer dated March 27, 1959, and approved by the Director of
Public Works, the Council does hereby approve of and grant the request of
Dr. Applefield, the owner of Parcel 11A1b, situated in Section 11 of the
City of Livonia, for permission to extend a sanitary sewer south from
Seven Mile Road and Mi,ddlebelt Road to service a proposed clinic to be
constructed on the aforementioned parcel; provided, however, that this
approval is granted on the following conditions:
(a) That the plans and specifications for the proposed extension
be spproved by the Engineering Division of the Department of
Public Works;
(b) That the extension be installed and constructed in accord-
ance with such approved plans aad specifications; and
(c) That the petitioner deposit with the City a sum equal to
3% of the estimated cost ($10049) of such installation to cover
the City's expense for inspection and engineering fees.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, 3alvadore, McCann, O'Neill, Bagnall , Kleinert and Grant.
NAYS: None.
Page joot
A recess was called at 9:35 P. M., after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting, including Councilman Salvadore.
With the consent of all members present, the Council departed from the
regular order of the agenda to consider the Redford Shaw Drain and Lyndon Outlet.
By Councilman Bagnall„ seconded by Councilman O'Neill and unanimously
adopted, it was
#211-59 RESOLVED that, the Council having considered the communication
from the Department of Law dated February 19, 1959, in regard to the pro-
posed improvement of the Redford-Shaw Drain by the Wayne County Drain
Commissioner and having been informed that a portion of the City of Livonia
will be included in such benefit area, the Council does hereby determine
that it is in the best interest of the City to construct the Lyndon Outlet,
as it appears in the approved Master Storm Sewer Plan dated January 29, 1957,
prepared by Hubbell, Roth and Clark, which project consists of an outlet
enclosure between Inkster Road and the Rouge River, it being the under-
standing of the Council that upon receiving a petition for such projects
the office of the Wayne County Drain Commissioner will exclude all portions
of the City of Livonia from any benefit area and that there will be no
Charges, assessments or costs of any nature whatsoever levied against the
City of Livonia in connection with the aforementioned improvement of the
Redford-Shaw Drain; and further that the Council does hereby request the
office of the Wayne County Drain Commissioner to prepare and submit to
the Council of the City of Livonia the necessary resolutions and petitions
in order that the Council may properly petition for the aforementioned
project in accordance with the provisions of Act ). O of the Public Acts
of Michigan, 1956, which act is known as the Drain Code of 1956.
By Councilman Kleinert, seconded by Councilman Sasser, it was
#212-59 RESOLVED that, W. Thomas Sinacola, 29155 West Seven Mile Road,
Livonia, Michigan, as proprietor, having requested the City Council to
approve the proposed plat of the following Subdivision: Sinacola Subdivision
located on the South side of Seven Mile Road approximately 175 feet East of
Middlebelt in the Northwest 1/14 of Section -12,Uity of Livonia; and it
appearing that tentative approval of said proposed plat was given by the
City Planning Commission under date of October 9, 1956 and July 1, 1958;
and it further appearing that said proposed plats together with the plans
and specifications for improvements therein, have been approved by the
Department of Public Works under date of April 7, 1959; the City Council
does hereby appratre said proposed plat on the following conditions:
(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;
rage jou.,
(2) That the installation of such improvements shall be super-
vised 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 s atis-
factorily 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
amount:
One Hundred Forty-Seven Thousand Dollars
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: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman McCann, seconded by Councilman Salvadore, it was
#213-59 RESOLVED that, Dotty Realty Company, 12959 Lincoln Avenue, Hunting-
ton Woods, Michigan, as proprietors, having requested the City Council to
approve the proposed plat of the following Subdivision: Meadowview Sub-
division, located in the Southeast and Northeast 1/4 of Section 20 and the
Northwest and Southwest 1/4 of Section 21,City of Livonia; and it appearing
that tentative approval of said proposed plat was given by the City Planning
Commission under date of October 14, 1958; and it further appearing that
said proposed plat, together with the plans and specifications for improvee
merits therein, have been approved by the Department of Public Works under
date of April 6, 1959; the City Council does hereby approve said proposed
plat on the following conditions:
(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 data
of this resolution;
(2) That the installation of such improvements shall be super-
vised and inspected by the Department of Public Works and such
improvements shall not be considered as having been satisfactorily
Page 3004
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 satis-
factorily 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 follow-
ing amounts:
Meadowview Subdivision $189,000.00
Meadowviev Subdivision No. 2 59,000.00
Meadowview Subdivision No. 3 84,000.00
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 inthe 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: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Kleinert, it was
##214-59 RESOLVED that, James S. Bonadeo, 15500 Beech Road, Detroit 19,
Michigan, as proprietor, having requested the City Council to approve the
proposed plat of the following Subdivision: Bonnydale Subdivision No. 3
and No. 14, located in the Southeast 1/4 of Section 17, City of Livonia;
and it appearing that tentative approval of s aid proposed plat was given
by the City Planning Commission under date of February 3, 1959; and it
further appearing that said proposed plat, together with the plans and
specifications for improvements therein, have been approved by the Depart-
ment of Public works under date of April 7, 1959; the City Council does
hereby approve said proposed plat on the following conditions:
(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
rublic Works, within a period of two (2) years from the date
of this resolution;
(2) That the installation of such improvements shall be super-
vised and inspected by the Department of Public Works and such
improvements shall not be considered as having been satisfactorily
Page 3db5
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 satis-
factorily installed or, in lieu thereof, there is filed with her
by said proprietor a bond to the City of Livonia, in such form as
may be approved by the City Attorney, and in the following ampuints:
Bonnydale Subdivision No. 3 $147,000.00
Bonnydale Subdivision No. 4 182,000.00
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 materials;
(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: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None,
By Councilman Sasser, seconded by Councilman Salvadore, it was
#215-59 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer dated March 19, 1959, and approved by the Director
of Public Works, item No. 3 of Council resolution #253-58 adopted on April
28, 1958, is hereby amended so as to require a subdivision improvement bond
in the amount of $8,000.00 for the Patty Ann Subdivision to cover the cost
of remaining improvements to be installed in said subdivision.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, MCCann„ O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Bagnalloseconded by Councilman Sasser, it was
#216-59 RESOLVED that, having considered the request from the City
Planner dated March 24, 1959, approved by the Mayor and Budget Director,
the Council does hereby transfer the sum of $90.00 from City Planning
Commission Account No. 1-C to City Planning Commission Account 1-X, such
transfer being made for the purpose of providing additional monies for
clerical salaries.
Page 3000
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Salvadore, it was
#217-59 RESOLVED that, having considered the request from the Director
of Public Safety and Police Chief dated March 20, 1959, and approved by
the Mayor, the Council does hereby transfer the sum of $200.00 from the
Unappropriated Surplus to Police Department Budget Account No. 70
(Capital Outlay) for the purpose of purchasing an electronic siren and
amplifier to be used by the said department.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman McCann, seconded by Councilman Sasser and unanimously
adopted, it was
#218-59 RESOLVED that, the Council does herein reaffirm approval given
to Carey Meadows Subdivision located on the Southwest corner of Bretton
Road and Middlebelt Road in the Southeast 1/1.4 of Section 2, given by
Council resolution #1487-58 adopted on July 27, 1958; provided, however,
that this reaffirmation shall not in any way be construed to alter or
change the terms and provisions of such resolution.
By Councilman Salvadore, seconded by Councilman Sasser and unanimously
adopted, it was
#219-59 RESOLVED that, the Council does herein reaffirm approval given
to Koloff's Greenbriar Meadows Subdivision No. 3 located approximately
1300 feet west of Ashurst Road in the Northwest 1/14 of Section 21, given
by Council resolution #327-58 adopted on May 26, 1958; provided, however,
that this reaffirmation shall not in any way be construed to alter or
change the terms and provisions of such resolution.
By Councilman McCann, seconded by Councilman Bagnall, it was
RESOLVED that, having considered the letter from the Detroit
Edison Company dated April 7, 1959, requesting a Grant of Easement
across certain property of which the City of Livonia is land contract
purchgser and having determined that the granting of an easement will
cause no advantages to accrue to the City, the Council does hereby
determine to reject the request of the Detroit Edison Company and not
to authorize the requested Grant of Easement at this time.
A roll call vote was taken on the foregoing resolution with the following result:
Page 3887
AYES: Sasser, McCann and Bagnall.
NAYS: Salvadore, O'Neill, Kleinert and Grant.
The President declared the resolution denied.
By Councilman Salvadore, seconded by Councilman O'Neill, it was
#220-59 RESOLVED that, having considered the letter from the Detroit
Edison Company dated April 7, 1959, requesting an easement across certain
property of the City of Livonia, the Council does hereby approve of and
authorize granting of an easement to the Detroit Edison Company to con-
struct, operate and maintain its lines for the transmission of electricity
and other uses incidental to the operations of such company across the
following described property, which the City of Livonia is purchasing
on land contract:
Part of the Northwest i/4 of Section 22, T. 1 S., R. 9 E.,
beginning at a point on the west section line distant
South 10 25' W. 1817.38 feet, from the N. W. section corner
thence S. 99° 29' E. 2591.10 feet to the West line of
Hubbard, thence N. 1° 17' 30" E. 20 feet, thence N. 880
29' 00" W. 2591.10 feet to the W. section line, thence S. 10
25' W. 20 feet to point of beginning;
and further the Mayor and City Clerk are hereby authorized to affix their
signatures to a Grant of Easement for and on behalf of the City of Livonia
consistent with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, O'Neill, Kleinert and Grant.
NAYS: Sasser, McCann and Bagnall.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Sasser and unanimously
adopted, it was
#221-59 RESOLVED that, the Council does hereby approve and accept the
Grant of Easement dated March 23, 1959, from Reynold F. Esch and Nellie
C. Esch, his wife, to the City of Livonia, which instrument conveys to
the City a 27 foot wide easement along the south side of Seven Mile Road,
east of Haggerty Road and which has been secured in connection with the
present water main extension project.
By Councilman Bagnall, seconded by Councilman Salvadore, it was
#222-59 RESOLVED that, the Department of Law is hereby authorized to
engage the services of two appraisers to appraise the 2). acre park site
owned by the City of Livonia and situated west of Merriman Road between
Bell Creek and Grove Drive; and further the Council does hereby transfer
Page 3888
the sum of 5300.00 from the Unappropriated Surplus to a special budget
account to be designated Land Acquisition and Sale Account; Miscellaneous
Expense, for the purpose of covering the cost of such appraisal services.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman McCann and unanimously
adopted, it was
#223-59 RESOLVED that, the regular meetings of the Council of the City
of Livonia for the balance of the month of April shall be held on the
third and fourth Mondays, such dates being April 20th and April 27th.
The report of the Municipal Court for the month of February, 1959, was
received and placed on file.
On motion of Councilman Bagnall, seconded by Councilman Kleinert and
unanimously adopted, this 275th regular meeting of the Council of the City of Livonia
was duly adjourned at 10:17 P. M., April 13, 1959.
eG W. Clark, City Clerk