HomeMy WebLinkAboutCOUNCIL MINUTES 1959-09-14 Page 4052
MINUTES OF THE TWO HUNDRED EIGHTY-SIXTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 14, 1959, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President at approximately 8:36 P. M.
Councilman Bagnall delivered the invocation. Roll was called with the following
results Present -- Austin T. Grant, Frank O'Neill, Sydney B. Bagnall, Rudolf R.
Kleinert, Robert Sasser, Jack Salvadore and James R. McCann. Absent -- None.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#534-59 RESOLVED that, the minutes of the 285th regular meeting of the
Council of the City of Livonia held on August 24, 1959, are hereby approved.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#535-59 RESOLVED that, pursuant to the request and recommendation of the
Election Commission dated September 4, 1959, the Council does hereby
approve of the purchase of ten (10) additional Shoup Voting Machines at a
price of $1,823.00 each, from the Shoup Voting Machine Corporation, 41
East 42nd Street, New York 17, New York, such purchase to be financed by a
10% down payment upon delivery and the issuance of Certificates of Indebted-
ness for the balance; and the Council does hereby transfer the sum of
$1,830.00 from the Unappropriated Surplus to the Capital Outlay Account of
the Election Commission budget to cover the 10% down payment and freight
charges to be paid on delivery; that the Council has determined in this
instance not to take bids for the following reasons:
(1) that the City of Livonia is serviced by similar Shoup
voting machines and it is both practical and desirable to
standardize this particular equipment so as to facilitate
the training of election workers;
(2) that the City of Livonia has been and is entirely satisfied
that this machine is the most adequate voting machine available;
and further, the Mayor, City Clerk and City Treasurer are herein authorized
to do all things necessary or incidental to the full performance of this
resolution, and in particular, the City Clerk is hereby authorized to con-
tact the legal firm of Miller, Canfield, Paddock & Stone to assist in the
preparation and issuance of the said certificates.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
Page 4053
By Councilman Salvadore, seconded by Councilman Sasser and unanimously
adopted, it was
#536-59 RESOLVED that, consideration of the report of the City Attorney
and Director of Public Works regarding purchase of property on Farmington
Road adjacent to the Engineering Building be tabled to the next meeting
of the Council.
Councilman Bagnall introduced the following Ordinance:
No.
AN ORDINANCE AMENDING SECTION 30 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 3.235.
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning
Commission dated June 9, 1959 on Petition No. Z-287, having been con-
sidered by the Council, the Council hereby adopts said petition to amend
the Zoning Ordinance and the Zoning Map of the City of Livonia, and all
proceedings heretofore conducted on said petition are hereby approved.
Section 2. Article 3.00 of the Zoning Ordinance, Ordinance
No. 60, as amended, of the City of Livonia, is herebyamended by adding
thereto the following section:
Section 3.235. Petition No. Z-287 submitted by Michael J. Caffery
is hereby granted and the zoning classification of the premises
described in said petition is hereby changed from RUF-B to C-2
as requested in said petition and the Southeast 1/4 of Section 30
of the Zoning Map is hereby amended to conform to the change made
in this section.
Section 3. The attached map designated "Amendment No. 52 of the
Zoning Map of the City of Livonia", showing all of the amendments and
changes made in the foregoing Section 2 of this ordinance is hereby approv-
ed, established and made a part thereof.
Section 4. All ordinances or parts of ordinances in conflict
herewith are hereby repealed only to the extent necessary to give this
ordinance full force and effect.
Section 5. Should any portion of this ordinance be held invalid
for any reason, such holding shall not be construed as affecting the validity
of any of the remaining portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration ameat the next regular
meeting of the Council.
Page 4054
By Councilman Bagnall, seconded by Councilman Salvadore, it was
#537-59 RESOLVED that, having considered the communications from the
Department of Law dated July 13, 1959, and July 29, 1959, and the communica-
tion from the Director of Public Safety dated August 24, 1959, the Council
does hereby approve of and authorize the purchase of the following described
property for the sum of $25,000.00:
Lots 530, 531 and 532, Supervisor's Livonia Plat No. 9,
of part of the Southeast 1/4 of Section 30, Town 1 South,
Range 9 East, Livonia Township (now City of Livonia),
Wayne County, Michigan, according to the plat thereof as
recorded in Liber 66, Page 60 of Plats, Wayne County
Records, and more commonly known as 37886 Plymouth Road;
and in connection therewith, the Council does hereby exercise its option
to purchase such property dated August 27, 1959; and the Department of Law
is hereby instructed to complete all necessary negotiations for the pur-
chase of this property in accordance with the terms of the aforementioned
option agreement and for this purpose, the Council does hereby advance the
sum of $1,000.00 from the Unappropriated Surplus to the Fire Station Site
Account of the budget and does likewise authorize, if necessary, an advance
from the General Fund to pay the balance of such price, provided that if
such funds are advanced, they will be returned immediately to the General
Fund from the proceeds of the contemplated fire station bond issue, and the
Mayor and City Clerk are hereby authorized to do all things necessary to
the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
The letter dated September 4, 1959, from Steve Polgar, 32744 Five Mile Road,
was received and placed on file for the information of the Council.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
#538-59 RESOLVED that, the Council, after due consideration, does hereby
approve of and concur with the longevity program recommended by the Civil
Service Commission under date of August 1 and August 29, 1958, and approved
by the Mayor, such program to be effective from December 1, 1958; and pro-
vided further that the program shall be administered in the following manner:
(1) Longevity payments properly due to classified employees shall be
paid once annually during the month of December, commending December 1,
1959, no later than the second regularly scheduled payroll release date;
Page 4055
(2) Longevity benefits shall commence and accrue from the payroll period
within which the employees continuous service date occurs, after the
appropriate number of years service has been rendered to the City in ac-
cordance with the terms of the longevity program approved herein;
(3) Longevity payments shall be based upon the employees established
annual rate in effect at the end of the fiscal year; and
(4) Present employees who were continuously employed on a full time basis
by the Township of Livonia and were paid a salary for such services by the
Township of Livonia and who have since been continuously employed by the
City of Livonia shall be given longevity service credit for such prior
services rendered to the Township of Livonia.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Kleinert, Salvadore, McCann and Grant.
NAYS: Bagnall and Sasser.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Sasser and unanimously adopted,
it was
#539-59 RESOLVED that, having considered the report and recommendation of
the City Planning Commission dated June 2, 1959, and July 29, 1959, in re-
gard to Petition No. Z-354 initiated by the City Planning Commission on its
own motion, the Council does hereby concur with and approve of such petition
only insofar as it affects the future location and regulation of gasoline
service stations and that the balance of such petition is hereby rejected
and referred back to the City Planning Commission for additional consideration;
and the Department of Law having previously prepared such amendment and the
same being in accordance with this resolution, the Council does hereby de-
termine to introduce the above referred to amending ordinance at this time,
according to provision of law.
Councilman McCann introduced the following Ordinance:
No.
AN ORDINANCE AMENDING SECTION 10.02 of ARTICLE
10.00 AND SECTION 11.02 OF ARTICLE 11.00 OF
ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING
ORDINANCE OF THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 10.02 of Article 10.00 of Ordinance No. 60,
as amended, entitled "Zoning Ordinance of the City of Livonia", is hereby
amended to read as follows:
Page 4056
Section 10.02 Uses Permitted. In all C-1 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 uses:
(a) All uses permitted in an R-2 District.
(b) Retail stores, business and professional offices, public
utility buildings, newspaper distributing stations, restaurants,
banks and savings and loan associations.
(c) Open air sales, upon a certificate of approval by the City
Planning Commission; for food sales, upon a certificate of
approval by the City Health Department and the City Planning
Commission, where such sale will not interfere with sidewalk or
street traffic. However, this shall not permit the operation of
material yards, including new and used lumber sales or used
machinery or used auto parts. Notwithstanding the above, the sale
of Christmas Trees shall be permitted upon the approval of the
Police Department that there is suitable and safe ingress and
egress to the premises used for such purposes and upon the
approval of the Fire Department that all fire rules and regula-
tions of such department have been complied with and upon approval
of the Bureau of Inspection that such use is made in compliance
with this ordinance and the rules and regulations of the bureau.
(d) Shops producing merchandise to be sold at retail on the
premises, provided that the services of not more than five (5)
persona are required to produce such merchandise.
(e) Personal service shops such as barber shops, beauty parlors,
shoe repair shops, laundry pickup shops, dry cleaning pickup
shops, and any similar service or use, provided any such shop or
parlor shall not employ more than five (5) persons.
(f) Accessory buildings and uses customarily incidental to any
of the above permitted uses. A storage garage for the storage of
commercial vehicles used by a business or other permitted activity,
when located on the same lot therewith and occupying not more than
twenty-five (25) percent of the area of such lot shall be con-
sidered a legal accessory building and use in C-1 Districts. A
sign or other advertising display of a size not exceeding one (1)
square foot for each foot of the front lot line included in the
premises, when pertaining to the sale, rental or use of the premises
on which the sign is located, or to goods or activities conducted
therein, or when serving primarily as a directional sign or legal
notice shall be considered a legal accessory use in C-1 Districts.
The sign may be attached to the building or may be free standing,
but in any case the building or post to which the sign is attached
shall be on or back of the building line and the sign shall not
project more than fifteen (15) inches beyond the building line.
No sign or portion of a sign shall project into a public alley.
Signs larger in area than authorized in this section shall not be
permitted except upon the approval of the City Planning Commission;
provided, however, that such approval shall be given only on con-
dition that the sign will be properly maintained, will not become
unsightly and will not become a menance to the public health,
safety and welfare.
Page 4057
Section 2. Section 11.02 of Article 11.00 or Ordinance No. 60, as amended,
entitled "Zoning Ordinance of the City of Livonia", is hereby amended to
read as follows:
Section 11.02 Uses Permitted. In all C-2 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 C-1 Districts, except dwellings.
(b) Stores and shops for the conducting of a service or a retail
business, except that the storage of lumber and other building
supplies or similar materials for retail sale shall be housed
within a building having four (4) side walls and roof, open
storage of this or similar material shall not be permitted.
(c) Office and showroom of a plumber, electrician, decorator or
similar trade.
(d) Personal service shops, such as barber shops, beauty parlors,
shoe repair shops, tire repair shops, laundry pickup shops, dry
cleaning pickup shops, messenger or telegraph service stations and
any similar service or use.
(e) Banks, theaters, hotels, assembly buildings, catering
establishments, conservatories, sales and showrooms, research
and testing laboratories, studios, undertaking establishments,
dance halls, recreation halls, parking lots and public owned
buildings.
(f) Public utility buildings.
(g) Establishments within buildings or structures for the repair,
alteration, finishing, assembling, fabrication or storage of goods,
primarily for the residents of the locality or for sale at retail
on the premises, provided there is not in connection therewith the
operation of any activity or the storage or display of goods in
such manner as to be obnoxious or offensive by reason of the emission
of odors, fumes, dust, smoke, waste, lightglare, noise or vibration,
and further provided that no commercial enterprise shall employ more
than five (5) mechanics or workers per each two thousand (2,000)
square feet of floor area, on the repair, conversion, alteration,
finishing or fabrication of goods.
(h) Advertising signs only when pertaining to the sale, rental or
use of the premises on which it is located or to goods sold or
activities conducted thereon, or when serving primarily as a
directional sign or legal notice. Only one (1) such sign is per-
mitted on a lot, when such lot is four thousand (4,000) square feet
or less in area, and such sign shall not exceed thirty-five (35)
square feet in area of display surface and shall not exceed seven
(7) feet in length. Signs larger in area than authorized in this
section shall not be permitted except upon the approval of the
City Planning Commission.
Page 4058
(i) Carnivals, outdoor circuses or migratory amusement enterprises.
(j) Dry cleaning plants, garages and auto wash establishments, on
approval of the City Planning Commission; provided, however, that
such approval shall not be given until, in addition to other
requirements and considerations, there is filed with such commission
the written consent of the owners of frontage of property immediately
abutting the premises involved and the written consent of the owners
of seventy (70) per cent of the frontage of all property within
three hundred (300) feet of such premises and not separated there-
from by more than one street or alley.
(k) Motels or motor courts upon approval of the City Planning
Commission. The Commission may permit motels and motor courts in
C-2 Districts, provided that a public hearing is held and it is
established that sixty (60) per cent of the property owners within
five hundred (500) feet distance from any part of the lot area
involved do not object, and provided that a lot area equal to that
required for a residence shall be provided for management, provided
that each unit provides a lot area of one thousand (1,000square
feet for the first room of eighty (80) or more square feet and an
additional area equal to twice the room area for each additional
room of eighty (80) square feet or more and provided that each
unit or group of units shall have two (2) side yards of not leas
than ten (10) feet each for interior lot side yards; however,
when side yards abut a side street then such street side yard shall
be not less than twenty-five (25) feet, a front yard of not less
than twenty-five (25) feet, a rear yard of not less than ten (10)
feet and separate buildings shall be not less than ten (10) feet
apart; and further provided, that each unit shall have one (1) room
with not less than one hundred and fifty (150) square feet of
floor area, a bathroom of not less than twenty-five (25) square
feet of floor area, and not less than fifty (50) square feet of
floor area for a kitchenette, if provided; and further provided,
that building height of motels shall not exceed one (1) story or
fifteen (15) feet; and further provided, that no guest shall
occupy such accommodations of any motel or motor court for a
period of more than one (1) month within any calendar year.
(1) Any other use similar in character to the above uses when it
is not obnoxious or offensive to the locality by reason of the
emission of odor, fumes, dust, smoke, waste, lightglare, vibration
or noise.
(m) Office of a veterinarian, including animal clinics and
animal hospitals without outside kennels, for the care and treat-
ment of small pets, such as dogs, cats and similar small animals,
with the approval of the City Planning Commission.
(n) Drive-in theaters, after approval of the City Planning
Commission where such use is located at least one thousand (1,000)
feet from any district zoned as residential.
Page 4059
(o) A gasoline and/or oil service station when approved by the
City Planning Commission after the City Planning Commission
determines that said filling station is so arranged and maintained
so as to not adversely affect the normal use and development of
adjoining property and finds further that the proposed gasoline or
oil service station can and will comply with the following standards,
regulations, and requirements:
(1) A gasoline and/or oil service station shall not be
located nearer than five hundred (500) feet to the property
line upon which a school, church, hospital, public park, or
auditorium is situated;
(2) A gasoline and/or oil service station shall provide a
front yard and two (2) side yards of not less than twenty (20)
feet each. Said side and front yards shall not be used for
vehicular or other storage nor for any service facilities;
(3) A gasoline and/or oil service station, including any
part of the facade, or other structures, or part of any other
structures on the same lot, shall not exceed twenty-five (25)
feet in height;
(4) A gasoline and/or oil service station shall be located on
a plot of ground having frontage along a commercial street of
not less than one hundred fifty (150) feet and having a minimum
area of not less than fifteen thousand (15,000) square feet.
Such station shall be composed of the building housing the
office and the facilities for servicing, greasing, and/or
washing, and the pumps for dispensing gasoline. Said building
and equipment shall be so arranged so that adequate space is
available to park all automobiles which cannot be serviced
immediately. Such facilities shall not contain more than
six (6) units. For the purpose of this section, a unit shall
mean: (a) a pair of pumps and (b) a stall for one car.
(5) A gasoline and/or oil service station, when located on
corner lots, shall provide vehicular entrances or exits not
less than a minimum of twenty-five (25) feet from the corner
property lines extended or from the established right-of-way
lines as shown on the Master Thoroughfare Plan. All curb
openings, whether on a corner lot or not, shall not exceed
thirty-five (35) feet in width at the curb line, and thirty (30)
feet at the property line. There shall be a minimum of thirty
(30) feet measured along the property line between any series of
driveways. On corner lots no driveway from a side street shall be
less than forty (40) feet from the rear property line as
measured along the side street property line. Curbs shall be
required to prevent ingress and egress except at the required
locations.
(6) The applicant shall submit to the City Planning Commission
plans showing the layout of the proposed gasoline and/or oil
service station and indicating that the above standards can
and will be complied with satisfactorily.
Page 4060
(7) A gasoline and/or oil service station shall observe all
regulations for such structures and their uses as required by
the laws of the State of Michigan and ordinances of the City
of Livonia.
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. 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 Salvadore, seconded by Councilman Sasser, it was
#540-59 RESOLVED that, having considered the report and recommendation of
the City Planning Commission dated March 20, 1959, in regard to Petition
No. Z-368 submitted by Joseph Sergi for change of zoning in the Southwest
1/4 of Section 25 from R-1-B to PS, the Council does hereby approve of and
grant Petition No. Z-368; 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: O'Neill, Bagnall, Sasser, Salvadore and Grant.
NAYS: Kleinert and McCann.
The President declared the resolution adopted.
By Councilman Dagnall, seconded by Councilman Salvadore, it was
Y541-59 RESOLVED that, after due consideration and pursuant to the report
and recommendation of the City Planning Commission dated August 19, 1959, in
regard to Petition No. Z-388 submitted by Nelson Dembs for change of zoning
in the Northeast 1/4 of Section 15 from RUF-B to R-L-A, the Council does
hereby deny said Petition No. Z-388 for the following reasons:
(a) The request, if granted, would permit the development of
residential lots which, because of their dimensions, would not
be in harmony with the existing development of the surrounding
community; and in particular with the existing development in
Green Briar Estates Subdivision No. 2 on the west and Supervisor's
Livonia Plat No. 10 on the east and south;
(b) That the request, if granted, would not be consistent with
the existing zoning and planned development of this community as
shown and recorded on the comprehensive zoning map which is a part
of Ordinance No. 60, the Zoning Ordinance of the City of Livonia
and the Master Plan of the City of Livonia;
Page 4061
(c) The existing zoning classification of such property is con-
sistent with that of the surrounding area and will encourage and
promote the orderly development of the community and allows the
property to be reasonably used for its most logical purpose; and
(d) For those other reasons contained in the above referred to
report and recommendation of the City Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Sasser, Salvadore, McCann and Grant.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Salvadore and unanimously
adopted, it was
#542-59 RESOLVED that, pursuant to the report and recommendation of the
City Planning Commission dated August 19, 1959, in regard to Petition
No. Z-395 submitted by Arthur Pollack for change of zoning in the Southwest
1/4 of Section 22 from RUF-B to R-1-A, the Council does hereby approve of
and grants said Petition No. Z-395; 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 O'Neill and unanimously adopted,
it was
#543-59 RESOLVED that, having considered the report and recommendation
of the City Planning Commission dated August 19, 1959, in regard to Petition
No. V-44a, submitted by Stanley Czarny to vacate an easement over the south
six (6) feet of Lot #450, Thomas Elliot Subdivision, in the Northeast 1/4 of
Section 36, the Council does hereby approve of and grant said petition
No. V-44a; and the Department of Law is instructed to prepare a vacating
ordinance in accordance with this resolution.
By Councilman Bagnall, seconded by Councilman Salvadore, it was
#544-59 RESOLVED That, pursuant to the report and recommendation of the
City Planning Commission dated August 19, 1959, in regard to Petition No.
V-46 submitted by Warner & Warner on behalf of Green Bros. Builders to
vacate Hees Street in New-Joy Subdivision in the Southeast 1/4 of Section 32,
the Council does herein concur in the recommendation of the City Planning
Commission and Petition No. V-46 is approved, subject to an easement being
reserved for public utilities and surface drainage; and the Department of
Law is instructed to prepare a vacating ordinance in accordance with this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Salvadore and Grant.
NAYS: Sasser and McCann.
The President declared the resolution adopted.
Page 4062
By Councilman Bagnall, seconded by Councilman McCann and unanimously
adopted, it was
#545-59 RESOLVED that, having considered the report and recommendation of
the City Planning Commission dated August 19, 1959, in regard to Petition
No. V-47 submitted by Robert Cain to vacate the present easement beginning
at the junction of Lots 197, 199 and 200 in Livonia Meadows Subdivision in
the Southeast 1/4 of Section 12, the Council does hereby approve of and
grant said Petition No. V-47; and the Department of Law is instructed to
prepare a vacating ordinance in accordance with this resolution.
By Councilman Salvadore, seconded by Councilman Sasser, it was
#546-59 RESOLVED that, having considered the following reports:
(a) report of City Planning Commission dated August 27, 1959;
(b) report of Police Department dated August 28, 1959;
(c) reports of Fire Department dated August 13, 1959 (and
June 11, 1959); and
(d) report of Health Department dated August 11, 1959.
which reports have been submitted to the Council in accordance with the
provisions of Ordinance No. 193, as amended, of the City of Livonia, which
ordinance provides for the licensing of drive-in theaters, the Council does
hereby approve the Application for License dated June 2, 1959, submitted by
the Livonia Drive-In Theatre Company, 2615 Woodward Avenue, Detroit, Michi-
gan, a Michigan Corporation, and does hereby authorize the City Clerk to
issue a license to such applicant for the operation of a drive-in theater
consistent with the statements and information contained in the said applica-
tion, such license to be issued and such business to be operated in accor-
dance with the provisions of the aforementioned Ordinance No. 193, as amended,
of the City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Sasser, Salvadore and Grant.
NAYS: O'Neill, Kleinert and McCann.
The President declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman Sasser, it was
#547-59 RESOLVED that, having considered the report of the City Planning
Commission dated August 27, 1959, in regard to Petition M-158 submitted by
the Livonia Drive-In Theatre Company, requesting permission to use certain
property situated in the Southwest 1/4 of Section 29 for the purpose of
erecting and operating a drive-in theater, the Council does hereby request
the City Planning Commission to reconsider its determination in regard
thereto, considering also the action taken by this Council in resolution
Page 4063
#546-59 adopted on September 14, 1959, and the Council requests that such
reconsideration be given as soon as is reasonably possible and, in this
connection, suggests that a special meeting of the City Planning Commission
be called for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Sasser, Salvadore and Grant.
NAYS: O'Neill, Kleinert and McCann.
The President declared the resolution adopted.
Councilman Bagnall introduced the following emergency Ordinance:
No. 266
AN ORDINANCE TO AMEND SECTIONS 13 and 15 OF
ORDINANCE NO. 135, AS AMENDED, OF THE CITY OF
LIVONIA, ENTITLED "PLAT ORDINANCE".
THE CITY OF LIVONIA ORDAINS:
Section 1. Sections 13 and 15 of Ordinance No. 135, as amended,
of the City of Livonia entitled, "Plat Ordinance" are hereby amended
as follows:
Section 13. Minimum Requirements as to Improvements. Minimum
requirements as to improvements, as to kind, description, quality
and quantity, in or on any lands within a proposed plat are hereby
established as follows:
(a) Roads. Streets, and Sidewalks. All roads, streets and
sidewalks shall be furnished and constructed in conformance
with the Subdivision Regulations and the Master Plan of the
City of Livonia, as heretofore or hereafter adopted by the
Planning Commission and shall be constructed in accordance
with plans and specifications approved of by the Department.
1. Residential Streets.
Except as may otherwise be required, concrete paving
with monolithic curb and gutter thirty-one (31) feet back
to back of curbs 6-8-6 pavement design.
2. Half-Mile Roads.
Except as may otherwise be required, concrete paving
with monolithic curb and gutter thirty-four (34) feet
back to back of curbs 7-9-7 pavement design.
3. Except as may otherwise be required, sidewalks shall
be constructed five (5) feet in width and shall be con-
structed from curb to sidewalk at all street intersections.
4. All manholes, watergates, hydrants and shut-off boxes
to be adjusted to proper grade in relation to curb and
sidewalk.
Page 4064
5. All subdivision monuments to be checked after all
improvements are installed and to be corrected or re-
placed as necessary and set to within 2 inches of
finish grade.
6. Street signs shall be furnished and installed in
conformance with the Subdivision Regulations.
7. The Council may establish by resolution sidewalk
and roadway widths and designs as to any proposed plat
other than the above specifications where deemed
necessary or beneficial for the safety and welfare of
the people of Livonia.
(b) Sanitary Sewers and Water Lines. All public sanitary sewers
and water lines shall be furnished and constructed in conformance
with the requirements of the Department and shall be constructed
in accordance with plans and specifications approved of by the
Department.
(c) Trees. All trees shall be purchased and planted by the
Department of Parks and Recreation. The Proprietor of each
proposed plat or subdivision shall deposit with the City of
Livonia in a special fund to be designated as the "Tree Fund"
the sum of twenty dollars ($20.00) for each lot in said proposed
plat or subdivision. Said sums so deposited shall be used for
purchasing, replacing, planting and maintaining trees in re-
corded subdivisions. The Council shall have the right by
resolution to reduce or increase the amount to be deposited in
the "Tree nand" as to any proposed plat.
(d) Traffic Signs. All traffic signs shall be purchased and
installed by the Operations Division of the Department. The
Proprietor of each proposed plat or subdivision shall deposit with
the City of Livonia in a special fund to be designated as the
"Sign Fund" a sum to be determined by the Council in connection
with each plat or subdivision to cover the cost of purchasing and
installing an adequate number of street traffic signs necessary
in the interest of the public safety. Said sums so deposited
shall be used for purchasing, replacing, installing and maintain-
ing street traffic signs in recorded subdivisions.
(e) Grade Level. The rear grade level of each lot shall be in
conformity with the grade level as indicated in the plans and
specifications submitted and approved of by the Department.
(f) Other Improvements. All other improvements not specifically
mentioned in this section shall be constructed and installed in
conformance with the Subdivision Regulations, regulations of the
Department, ordinances of the City and resolutions of the Council.
The establishment of the foregoing minimum requirements shall
not in any way prevent the Council from imposing such additional
requirements as may be authorized by law, including the Platting
Act.
Page 4065
Section 15. Bonds and Agreements. The Council may require bonds
and agreements as provided in the Platting Act and may otherwise re-
quire bonds and agreements if it determines the same are necessary
with respect to all improvements in each plat, insuring the proper
installation and construction of all improvements.
Section 2. 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.
Section 3. Should any portion of this ordinance be held invalid for
any reason, such holding shall not be construed as affecting the validity
of the remaining portions of this ordinance.
Section 4. This ordinance is hereby declared to be an emergency
ordinance necessary for the protection of the public health and welfare,
and shall take effect immediately on publication.
A roll call vote was conducted on the foregoing ordinance with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
The President declared the ordinance duly adopted and would become effective on
publication.
A recess was called at 10:00 P. M., after which the meeting resumed with
all members present who were named as present in the original roll call, except
Councilman O'Neill, who was excused for the balance of the meeting.
By Councilman Sasser, seconded by Councilman McCann and unanimously adopted,
it was
#548-59 RESOLVED that, after due consideration of the letter from Sylvan
Building Company, 18451 Wisconsin, dated September 2, 1959, the Council
has determined to and does deny their request to use a portion of City
owned property for use as a cul-de-sac in connection with the proposed
Taylor Garden Subdivision; however, the Council refers this matter to the
City Planning Commission for its consideration and recommendation.
By Councilman Bagnall, seconded by Councilman Kleinert and unanimously
adopted, it was
#549-59 RESOLVED that, the letter from the Water and Sewer Commissioner
regarding new water rates for Wayne County Metropolitan Water Supply
System be referred to a joint meeting of the Council and the Water and
Sewer Board for report and recommendation.
Page 4066
By Councilman Sasser, seconded by Councilman McCann, it was
#550-59 RESOLVED that, having considered the request from the City Planner
dated August 21, 1959, the Council does hereby transfer the sum of $400.00
from the Unappropriated Surplus to the Planning Commission Budget Account
No. 8 (publishing) for the reasons contained in the aforementioned letter
from the City Planner.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Sasser, Salvadore, McCann and Grant.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Bagnall, it was
#551-59 RESOLVED that, pursuant to the report and recommendation of the
Superintendent, Parks and Recreation, dated September 4, 1959, the Council
does hereby accept the bid of the Vermeer Manufacturing Company, Pella,
Iowa, for supplying to the City one Vermeer Model 10 Pow-R stump cutter;
20 sets of teeth and 1 Skil Grinder, at the submitted bid price of $3,311.90,
such having been the lowest bid received for these items.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#552-59 RESOLVED that, pursuant to the request of the Chairman, Parks and
Recreation Commission, dated August 7, 1959, and transmitted to the Council
by the Budget Director on August 31, 1959, which request was approved by the
Mayor and Budget Director, the Council does hereby transfer the sum of
$1,000.00 from Parks Department Budget Account No. 1-a (salaries - superinten-
dent) in the following manner:
$600.00 to Operations Division Budget Account No. 70-E (equipment);
$200.00 to Parks Department Budget Account No. 42 (seeding and Planting);
4200.00 to Parks Department Budget Account No. 67 (planning of new areas).
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman McCann, seconded by Councilman Salvadore, it was
#553-59 RESOLVED that, pursuant to the reports and recommendations of the
Superintendent, Operations Division, dated August 4, 1959, and September 8,
1959, approved by the Director of Public Works, the Council does hereby
Page 4067
accept the bid of Contractors Machinery Company, for supplying to the
City one portable air compressor at the submitted bid price of $3,095.00,
such having been in fact the lowest bid received for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Kleinert, it was
#554-59 RESOLVED that, having considered the request of Stout Home
Developers dated September 8, 1959, the Council does hereby amend Item
No. 2 of its resolution #709-58 adopted on November 10, 1958, to read
as follows:
(2) That a 50 foot set back be established and maintained for
the houses and a 62 foot set back be established and maintained
for detached garages, and a 50 foot set back be established and
maintained for garages which are attached to the dwelling, on
each of the 80 foot lots abutting Five Mile Road and Schoolcraft
Road;
provided, however, that this action shall not be construed so as to relieve
the proprietor of any of the other conditions set forth in the resolution
amended herein.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Salvadore, McCann and Grant.
NAYS: Sasser.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Bagnall, it was
#555-59 RESOLVED that, Green Bros., 19144 Schaefer Road, Detaait 35,
Michigan, as proprietors, having requested the City Council to approve the
proposed Plat of the following subdivision: New Joy Subdivision No. 2,
located in the Southeast 1/4 of Section 32, City of Livonia, and it appear-
ing that tentative approval of said proposed plat was given by the City
Planning Commission under date of July 21, 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 September 4, 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 date of this resolution;
Page 406$
(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 amount: Bond of $35,000.00 on New
Joy Subdivision, pursuant to resolution #435-59, will apply against New
Joy Subdivision No. 2; 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 pro-
visions of said Plat Ordinance, as amended, the City Clerk is hereby
authorized to affix her signature to said Plat as evidence of this
approval.
New Joy Subdivision No. 2 being a re-plat of New Joy Subdivision.Lots
25, 58, 59, 60, 61 and 62, under this subdivision, are now being
numbered 115 to 122, inclusive.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Salvaodre, it was
#556-59 RESOLVED that, having considered the request of the Chief City
Engineer dated September 4, 1959, approved by the Director of Public Works,
the Council does hereby authorize the expenditure of $1,800.00 from the
Special Municipal Refuse Disposal Budget Account for the purpose of pur-
chasing approximately 11,500 feet of industrial type chain link fence from
the Ford Motor Company; and the Mayor and City Clerk are hereby authorized
to do all things necessary or incidental to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: *Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
-Councilman Bagnall abstained from voting, which is recorded as a yes vote under the
provisions of Section 10 of Ordinance No. 27, as amended.
Page 4069
By Councilman Kleinert, seconded by Councilman Sasser and unanimously
adopted, it was
#557-59 RESOLVED that, having considered the communication from the
Michigan Liquor Control Commission dated July 20, 1959, and the report
of the Livonia Police Department, dated September 2, 1959, the Council
does hereby approve of the request from Alfonso H. Carucci, 19036 Middle-
belt, Livonia, for a new SDM license.
By Councilman McCann, seconded by Councilman Sasser and unanimously
adopted, it was
#558-59 RESOLVED that, having considered the communication from the
Michigan Liquor Control Commission dated July 17, 1959, and the report
of the Livonia Police Department, dated September 2, 1959, the Council
does hereby approve of the request from Patrick A. Melly for a transfer
of ownership of 1959 SDM license from Evelyn M. Figley, located at 28251
West Five Mile Road, Livonia, Michigan.
By Councilman Bagnall, seconded by Councilman Kleinert and unanimously
adopted, it was
#559-59 RESOLVED that, having considered the communication from the
Michigan Liquor Control Commission dated June 18, 1959, and the report
of the Livonia Police Department dated September 2, 1959, the Council
does hereby approve of the request from Independent Drug Fair, Inc.,
for a new SDM license to be located at 27462 Schoolcraft, Livonia, Michigan.
By Councilman Bagnall, seconded by Councilman Sasser, it was
#560-59 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer dated September 1, 1959, and approved by the Director
of Public Works, the Council does hereby amend Item No. 3 of Council re-
solution #147-59 adopted on March 9, 1959, so as to reduce the bond for
remaining improvements in Kingsbury Heights Subdivision to $26,000.00; and
the City Clerk is hereby authorized to do all things necessary to the full
performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#561-59 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer dated September 3, 1959, and approved by the Director
of Public Works, the Council does hereby amend Item No. 3 of Council re-
solution #603-58, adopted September 22, 1958, so as to reduce the bond for
remaining improvements in Men -Lynn Farms Subdivision No. 4 to $9,000.00;
and the City Clerk and City Treasurer are hereby authorized to do all things
necessary to the full performance of this resolution.
Page 4070
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Kleinert, it was
#562-59 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer dated September 3, 1959, and approved by the Director
of Public Works, the Council does hereby amend Item No. 3 of Council
resolution #283-59 adopted May 11, 1959, so as to reduce the bond for
remaining improvements in Burton Hollow Subdivision No. 2 to $195,000.00;
and the City Clerk is hereby authorized to do all things necessary to the
full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Kleinert, it was
#563-59 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer dated September 4, 1959 and approved by the Director
of Public Works, the Council does hereby approve the reduction of bond in
the amount of $225,000.00 established in resolution #448-58, adopted July 14,
1958, for the installation of improvements in Beverly Gardens Subdivision,
a plat of record, to the amount of $42,000.00, to cover remaining improvements,
and the City Clerk is hereby authorized to do all things necessary to the
full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Kleinert, it was
#564-59 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer dated September 3, 1959, and approved by the Director
of Public Works, the Council does hereby amend Item No. 3 of Council re-
solution #148-59 adopted March 9, 1959, so as to reduce the bond for re-
maining improvements in Sunset Park Subdivision to $78,000.00; and the City
Clerk is hereby authorized to do all things necessary to the full performance
of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
Page 4071
By Councilman Sasser, seconded by Councilman Bagnall, it was
#565-59 RESOLVED that, having considered the letter from the Engineering
Division, dated September 13, 1959, and pursuant to resolution #290-58
adopted May 12, 1958; resolution #604-58, adopted September 22, 1958;
resolution #446-59 adopted July 13, 1959, and resolution #502-59 adopted
August 10, 1959, the Council does hereby accept the final estimate on the
Middlebelt-Clarita Sanitary Sewer Extension in the amount of $3,900.00,
payable to Terra Construction Company, Inc., 18042 Lesure, Detroit 35,
Michigan, and the City Clerk and City Treasurer are hereby authorized to
pay to said Terra Construction Company, Inc., the sum of $400.00, the
provisions of resolution #446-59, dated July 13, 1959; and the sum of
$3,500.00 to be paid by the Wayne County Road Commission from the proceeds
of the bond issue of Contract Sewers.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Salvadore, it was
#566-59 RESOLVED that, having considered the letter from the Engineering
Division, dated September 8, 1959, the Council does hereby grant an ex-
tension of time to Charles F. Smith & Son, Inc., to complete contract in
Section 2 for water main additions, to October 31, 1959, and the City Clerk
is hereby authorized to sign said extension on behalf of the City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Sasser, it was
#567-59 RESOLVED that, having considered the request contained in a
letter dated August 27, 1959 from the Compton Village Civic Association,
the Council does herein authorize and request the City Clerk to make
application to the Detroit Edison Company on forms provided by such company,
for installation of street lamps of suitable lumen strength to be installed
at the intersections of Meadowlark and Middlebelt Road and Jacquelyn and
Middlebelt Road, it being the determination of the Council that such inter-
sections require lighting in order to adequately protect the public safety
of the residents of the community.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
Page 4072
wy ::uncilman Bagnall, seconded by Councilman Kleinert and unanimously
adopted, it
#568-59 RESOLVED that, the next regular meeting of the Council of the
City of Livonia be held September 21, 1959.
On motion of Councilman Sasser, seconded by Councilman Bagnall and
unanimously adopted, this 286th regular meeting of the Council of the City of Livonia
was duly adjourned at 11:02 P. M., September 14, 1959.
-;//'// - -7
Ma 0: W. Clark, City Clerk