HomeMy WebLinkAboutCOUNCIL MINUTES 1959-06-08 Page 3947
MUTES OF THE TWO HUNDRED EIGHTIETH REGULAR MEETING
lio OF THE COUNCIL OF TIE CITY OF LIVONIA
On June 8, 1959, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President at approximately
8:41 P. M. Councilman Bagnall delivered the invocation. Roll was called with
the following result: Present-- Austin T. Grant, Frank O'Neill, Sydney B.Bagnall,
Rudolf R. Kleinert, Jack Salvadore aid James R. McCann. Absent-- Robert Sasser.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#326-59 RESOLVED that, the minutes of the 279th regular meeting of the
Council of the City of Livonia held May 25, 1959, and the 46th special
meeting held June 2, 1959, are hereby approved.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#327-59 RESOLVED that, the Department of Public Works and the Water and
Sewer Division are requested to take any action necessary, including such
water use restrictions as may be required, to alleviate the present
emergency in the water supply system.
By Councilman Salvadore, seconded by Councilman Bagnall, it was
#328-59 RESOLVED that, the Board of Wayne County Road Commissioners
having by letter dated December 17, 1958, requested that there be sub-
mitted a list of all of the remaining sewer extensions desired by the
City to be financed out of surplus funds of the sewer bond issue; and
the Water and Sewer Board of the City having made its recommendation by
its resolution # WS 166-5/59; and having considered the Mayor's letter
of June 8, 1959; the Council does hereby concur with the recommendations
of the Water and Sewer Board and requests that the Board of Wayne County
Road Commissioners approve said projects as outlined in said resolution
of the Water and Sewer Board of the City of Livonia.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
Councilman Bagnall read a report dated June 8, 1959, from the Finance
and Insurance Committee regarding the Longevity Program.
Page 3948
By Councilman Kleinert, seconded by Councilman O'Neill, it was
RESOLVED that, having considered the report and recommendation
of the Civil Service C oMm is s ion dated August 1, 1958, and having c ons i dere d
the report and recommendation of the Finance Committee of the Council in
regard to the proposed longevity program recommended by the Civil Service
Commission and approved of by the Mayor, the Council has considered and does
hereby approve of the longevity program, insofar as it pertains to the
Police and Fire Departments; and that the Council does hereby approve of
such program for those departments being initiated effective as of the
first pay period in the month of September, 1959, and being included in
the budget for the forthcoming fiscal year; and further, if additional
funds are required in the current budget, the Chief Accountant shall so
advise the City Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Kleinert and Grant.
NAYS: Salvadore, McCann and Bagnall.
The President declared the resolution denied.
By Councilman Bagnall, seconded by Councilman Salvadore and unanimously
adopted, it was
#329-59 RESOLVED that, the matter of a longevity program for the
classified section of the Civil Service be tabled to the next regular
meeting of the Council.
By Councilman Bagnall, seconded by Councilman McCann and unanimously
adopted, it was
#330-59 RESOLVED that, having considered the request from Edward Rose
& Sons, Inc., dated February 24, 1959, in connection with a park site
designated by the City and situated in the Southeast 1/4 of Section 12,
the Council does hereby determine that it will consider purchasing three-
sevenths of such park site, provided the Livonia School Board will determine
to purchase the balance of such property; that the Council does hereby
request the School Board to consider this matter in the very near future
and to transmit its determination to the Council as soon as is reasonably
possible; that action on the proposed Livonia Meadows Subdivision No. 2
is hereby tabled until the above information is secured; and that the
City Clerk is hereby requested to immediately transmit a copy of this
resolution to the Livonia School Board.
By Councilman Salvadore, seconded by Councilman McCann, it was
RESOLVED that, pursuant to the report and recommendation of the
City. Planning Commission sion dated April 20, 1959, as to Petition No. Z-345
submitted by John 0. Schroder, et al, for change of zoning in the Southeast
1/4 of Section 7, Southwest 1,/14 of Section 8, Northwest 1/4 of Section 17
Page 3949
and the Northeast 1/4 of Section 18 from C-]. to C-2, the Council does
hereby concur in the recommendation of the Planning Commission aid Petition
No. Z-345 is hereby denied for thezeasons contained in the aforementioned
report and recommendation of the City Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore and McCann.
NAYS: O'Neill, Bagnall, Kleinert and Grant.
The President declared the resolution denied.
By Councilman Bagnall, seconded by Councilman O'Neill, it was
#331-59 RESOLVED that, having considered the report and recommendation of
the City Planning Commission dated April 20, 1959, as to Petition No. Z-345
submitted by John 0. Schroder, et al, for change of zoning in the Southeast
1/4 of Section 7, Southwest 1/4 of Section 8, Northwest 1/4 of Section 17
and the Northeast i/4 of Section 18 from C-1 to C-2, the Council does hereby
grant and approve of said Petition No. Z-345; and the Department of Law is
herein 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, Kleinert and Grant.
NAYS: Salvadore and McCann.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
#332-59 RESOLVED that, having considered the request from the Civil
Service Commission dated April 16, 1959, and the recommendation of the
Mayor dated June 2, 1959, the Council does hereby transfer the sum of
$46.00 from the Unappropriated Surplus to the Civil Service Commission
Account No. 1C (Examiners Fees) to cover the cost of such services
rendered during the preceding months of Dece mber, 1958 and January, 1959.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
The report of the Chief Accountant regarding inspection fees, pursuant to
resolution #282-59, was received and placed on file.
ibe By Councilman Kleinert, seconded by Councilman Salvadore and unanimously
adopted, it was
Page 3950
#333-59 RESOLVED that, the Council does hereby refer to the Water and
Sewer Board the communication from the Chief City Engineer to the Mayor
dated May 8, 1959, and the letter from the Mayor to the Council dated
May 20, 1959, which communications recommend approval of Drainage Project
No. 3 therein described; and that the Council requests the Water and Sewer
Board to direct its attention to this matter and submit to the Council,
as soon as is reasonably possible, its report and recommendation in
regard to same.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#334-59 RESOLVED that, having considered the communication from the
lacing Commission dated May 25, 1959, and approved of by the Mayor, the
Council does hereby authorize the expenditure of $1,000.00 from the Federal
and State Legislative Account of the budget for the purposes outlined in
paragraph la of that communication; and that the balance of those requests
contained in the above communication are hereby referred to the Finance
Committee of the Council for its report aid recommendation in regard to
same.
A roll call vote was taken on the foregoing resolution with the following results
AYESs Salvadore, McCann, O'Neill, Kleinert and Grant.
NAYS: Bagnall.
The President declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman Kleinert aid unanimously
adopted, it was
#335-59 RESOLVED that, having considered the communication from the
Department of Law to the Finance and Insurance Committee dated Mey 9,
1959, in regard to a proposed interim service charge to be charged
against new residences, the Council does hereby request the Department
of Law to take appropriate action in bringing this problem to the
attention of the State Legislature for corrective legislation which
would permit the establishment of such practice.
At 913I P. M., a recess was called, after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting.
Councilman Bagnall introduced the following Ordinances
NO.
AN ORDINANCE AMENDING SECTICI 3.3 OF ARTICLE lLI OF ORDINANCE
No. 221 OF THE CITY OF LIVONIA KNOWN AS THE "LIVONIA SEWAGE
DISPOSAL SYSTEM ORDINANCE."
Page 3951
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 3.3 of Article III of Ordinance No. 22I of the City of
Livonia known as the "Livonia Sewage Disposal System Ordinance," is hereby amended
to read as follows:
Section . . Connection Rates for Buildings Constructed on or
After December 12 1958.
(1) For all buildings whether houses, residential dwellings,
commercial or ihdustrial buildings for which a building permit has not
been issued prior to December 1, 1958, the following connection rates
shall be paid:
(a) $1.50 per front foot for each connection to any sewer
constructed by the applicant and/or $1.50 per front foot
when the applicant has purchased the property to be serviced
from the person having constructed the sewer or subsequent
purchasers; provided, however, that in each case the minimum
connection charge for connection to the Sewage Disposal
System shall be $125.00.
(b) $7.10 per front foot for each connection to any sewer
constructed by the City or County pursuant to the contract
or financed by said City or County or constructed by any person
other than the person connecting, provided that in no case
shall an applicant be charged for mace than 100 feet of
frontage. At the option of the applicant such charge shall
be paid in full either (a) at the time a permit is requested
for connection to the Sewage Disposal System or (b) at the option
of the applicant, in lieu of such cash payment, such connection
rate maybe paid quarterly at the rate of 10.3 cents per front
foot for a period of thirty (30) years, said sum to b e billed
quarterly at the same time as the consumption: rates hereinafter
set forth are billed as a separate item to said bill.
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 . Should any portion of this ordinance be held invalid for any
reason, sue ding shall not be construed as affecting the validity of the remain-
ing portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
By Councilman McCann, seconded by Councilman Salvadore and unanimously
adopted, it was
#336-59 RESOLVED that, having considered the recommendation of the
Page 3952
Superintendent of Operations Division and Director of Public Works dated
April 22, 1959, and approved by the Mayor and Budget Director, in regard
to replacing an existing 1" water line with a 12" water line across the
Newburgh Lake Spillway, the Council does hereby refer such recommendation
to the Water and Sewer Board with the request that it consider sane and
submit its report and recommendation to the Council as soon as is reasonably
possible.
By Councilman Bagnall, seconded by Cothcilman O'Neill, it was
#337-59 RESOLVED that, having considered the request of the Superintendent
of Operations Division dated May 11, 1959, approved of by the Mayor, the
Director of Public Works and the Budget Director, the Council does hereby
transfer the sum of $3,300.00 from the Unappropriated Surplus to the
Forestry Division Budget Account No. 70E, for the purpose of purchasing
a new Vermeer Pow-R Stump Cutter required because of the excessive work
in this area due to the prevalence of the Dutch Elm disease.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sal,vadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilmen Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#338-59 RESOLVED that, having considered the report and recommendation
of the City Planning Commission dated November 6, 1958, in regard to
Petition No. Z-323 initiated by the City Planning Commission on its own
motion as to whether or not Section 20.01 of the Zoning Ordinance, Or-
dinance No. 60, should be amended, the Council does hereby grant and ap-
prove of said Petition No. Z-323.
Councilman Kleinert introduced the following Ordinance:
NO.
AN ORDINANCE AMENDING SECTION 20.01 OF ARTICLE
20.00 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED
"ZONING ORDINANCE OF THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 20.01 of Article 20.00 of Ordinance No. 60, as amended,
entitled "'Zoning Ordinance of the City of Livonia," is hereby amended to read as
follows:
Section 20.01. Amendments. This ordinance may be amended,
from time to time, pursuant tothe provisions of Section 14, Act 207,
Public Acts of Michigan of 1921, as amended. All amendments shall be
made in the mariner provided in this section and Section 3.05 of this
Page 3953
ordinance. Proceedings to amend this ordinance or the Zoning Map of
the City of Livonia shall be initiated or commenced by any one or more
of the following methods:
(a) By resolution of the Council wherein the question whether
or not a particular amendment should be made is referred by
the Council, on its own motion, to the City Planning Commission;
and wherein such commission is requested to hold a public re acing
on the question and to thereafter make a report and recommenda-
tion to the Council;
(b) By resolution of the City Planning Commission wherein such
commission,, on its own motion, provides for a public hearing on
the question whether or not a particular amendment should be
made and for a report and recommendation thereon to the Council;
or
(c) By written application in triplicate, addressed to the
Council, duly signed by the owners of fifty per cent (50%) or
more of the frontage in any district or part thereof, duly
acknowledged by each owner substantially in accordance with
the statutory provisions for acknowledgment of deeds, and
accompanied by the filing fee hereinafter fixed.
Each proceeding, whether originating by resolution or application, shall
be designated as a "petition," shall be submitted to the City Attorney
for his approval as to form and on such approval, shall be filed in the
office of the City Clerk and given a number. Where a petition is presented
by a property owner or property owners, such petition shall contain the
following information:
(a) Names and addresses of owner or owners;
(b) A complete legal and common description of the property
involved;
(c) The existing zoning classification of such property;
(d) The change or amendment desired;
(e) The reasons for such change or amendment;
(f) The applicant t s petition must be verified;
(g) Area Plan which should include the following information:
Scale - 400 feet equals one (1) inch;
Date;
North point;
Key to symbols, if used;
Name and address of petitioner;
Section number
Streets (named) including the nearest major streets;
Page 3:954
Parcel numbers;
Structures and existing land use on all lots
which are adjacent to structures or which abut
the subject tract and on such additiona 1 lots as
may, in the City Planner's opinion, be necessary
to properly reflect the surrounding land use;
Proposed land uses in the area sought to be re-
zoned; and
Dimensions on proposed rezoning.
Each petition of a property owner or owners shall be accompanied by a
filing fee in accordance with the following schedule:
Zoning from any classification to:
R-1, RU, RL or RUF - Thirty-five Dollars ($35.00) plus
an additional Five Dollars ($5.00) for each 7,200 square feet or
fraction thereof in excess of 7,200 square feet, not to exceed
a total fee of $300.00;
R-2 - One Hundred Dollars ($100.00) plus an additional
Ten Dollars ($10.00) for each 7,200 square feet ar fraction
thereof in excess of 7,200 square feet, not to exceed a total
fee of $300.00;
R-3 or PS - One Hundred Dollars ($100.00) plus an
additional Ten Dollars ($10.00) for each 7,200 square feet or
fraction thereof in excess of 7,200 square feet, not to exceed
a total fee of $300.00;
C-1 or C-2 - One Hundred Fifty Dollars ($150.00) plus
an additional Ten Dollars ($10.00) for each 4,000 square feet or
fraction thereof in excess of 8,000 square feet, not to exceed
a total fee of $300.00; and
X-1 or M-2 - Two Hundred Dollars ($200.00) for the
first acre, plus an additional Fifty Dollars ($50.00) for each
additional acre or part thereof, not to exceed a total fee of
$300.00;
provided, however, that each subsequent petition involving substantially
the same subject matter and parties as a prior petition shall be considered
merely as a petition for rehearing of such prior petition and shall be
given the same number as such prior petition; and provided further that
an additional filing fee shall be required on the first petition for re-
hearing of a prior petition in the amount of twenty percent (20%) of the
original filing fee and a filing fee of thirty percent (30%) of such
original filing fee is hereby fixed for each additional petition for
rehearing of such prior petition. All filing fees shall be paid to the
City Treasurer. On receipt of a petition for amendment in due form and
on payment of the required filing feethe City Clerk shall forthwith
refer such petition to the City Planning Commission. Such commission
shall, within ninety (90) days following reference to it of a petition,
hold a public hearing an the petition, grant any person interested an
opportunity to be heard thereon and malas a report and recommendation on
Page 3955
such petition to the Council. Not less than fifteen (15) days' notice
of the time and place of such public hearing shall first be published
in the official newspaper or a paper of general circulation in the City
of Livonia, and not less than fifteen (15) days' notice of the time and
place of such public hearing shall first be given by registered United
States mail to each public utility company and to each railroad company
owning or operating any public utility or railroad within the district or
zones affected. The Council shall either approve or reject the recommend-
ations of the City Planning Commission; provided, however, that all amend-
ments to this ordinance or to such zoning map shall be made by ordinance;
and provided further, that in case a protest against a proposed amendment
be presented, duly signed by the owners of twenty (20) percentum or more
of the frontage proposed to be altered, or by the owners of twenty (20)
percentum or more of the frontage immediately in the rear thereof, or by
the owners of twenty (20) percentum of the frontage directly opposite the
frontage proposed to be altered, such amendment shall not be passed except
ty the three-fourths vote of the Council.
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 . If any part or parts of this ordinance are for any reason
held to be v ' , 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 Bagnall, seconded by Councilman Kleinert, it was
#339-59 RESOLVED that, having considered the request of the Police Chief
and Director of Public Safety dated May 12, 1959, and approved of by the
Mayor and Budget Director, the Council does hereby transfer the sum of
$99.95 from the Unappropriated Surplus to the Police Department Account
No. 70M (Capital Outlay) for the purpose of providing additional sums
necessary for the purchase of one 1959 two wheeled police type motorcycle
equipped with police siren and twoway radio and receiver; and that pur-
suant to the above dated recommendation, the Council does hereby accept
the bid of the Harley-Davidson Motorcycle Company, 2801 John Lodge, Detroit
1, Michigan, in the amount of $2,299.95 for supplying to the City one
motorcycle as above described, this having been in fact the lowest and
only bid received for such item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman McCann, it was
Page 3956
#340-59 RESOLVED that, having considered the recommendation of the
Chief City Engineer dated May 21, 1959, and approved by the Director
of Public Works, the Council does hereby accept the bid of the Audette
Office Equipment Co., 21928 Michigan Avenue, Dearborn, Michigan, for
supplying one Royal electric typewriter to the City of Livonia at the
submitted bid price of 055.50, and that such bid is accepted for the
reason that the Royal electric typewriter is more particularly suited
for the type of work to be performed and experience has indicated that
such machine will be more satisfactorily serviced than the machine of
the lowest bidder.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: Salvadore.
The President declared the resolution adopted.
By Councilman Bagnall, seconded by Cbuncilman Kleinert and unanimously
adopted, it was
#341-59 RESOLVED that, Petition No. V-48 submitted by certain residents
of Burton Hollow Estates Subdivision to vacate a portion of Oakdale Street,
is hereby referred to the City Planning Commission for action according to
law and Ordinance No. 29.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#342-59 RESOLVED that, pursuant toihe reports and recommendations of the
Chief City Engineer dated June 2, 1959, approved by the Director of Public
Works, the Council does hereby amend Item No. 3 of Council resolution
#74-59 adopted on January 26, 1959, as subsequently amended by Council
resolution #261-59 adopted on April 27, 1959, and Council resolution #314-59
adopted on May 25, 1959, so as to reduce the bonds for remaining improve-
ments in Kimberly Oaks Estates Subdivision to the arrant of $84000.00 and
in Kimberly Oaks Estates Subdivision No. 2 to the amount of $114, 000.00
to cover the installation of remaining improvements in each of said sub-
divisions; and the City Clerk and City Treasurer are hereby authorized,
pursuant to the written request of the proprietor of said subdivision
dated June 5, 1959, to release the appropriate sums to the proprietor
of the said subdivision and Edward J. Kauthen, 37860 Ford Road, Wayne,
Michigan, jointly, and to do all other 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: Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman *Cann and unanimously
adapted, it was
Page 3957
#343-59 RESOLVED that, pursuant to the report and recommendation of the
City Planning Commission dated May 4, 1959, as to Petition No. Z-349, as
amended, which was initiated by the City Planning Ccmmission on its own
motion to determine whether or not to amend Section 4.13 of the Zoning
Ordinance, Ordinance No. 60, and having also considered the recommendation
of the Legislative Committee, the Council does hereby grant and approve of
said Petition No. Z-349.
Councilman Kleinert introduced the fallowing Ordinance:
NO.
AN ORDINANCE AMENDING SECTION 4.13 OF ORDINANCE
NO. 60, AS AMENDED, ENTITLED "ZONING ORDINANCE
OF THE CITY OF LIVONIA."
The City of Livonia Ordains:
Section 1. Section 4.13 of Article 4.00 of Ordinance No. 60, as amended,
entitled "Zoning Ordinance of the City of Livonia," is hereby amended to read as
follows:
Sectica 4.1 . Removal of Soil. No person, firm or corporation
shall remove, excavate, extract or transport or cause to be removed, ex-
cavated, extracted, transported or stock-piled for such removal any soil
from any land within the City of Livonia unless sad until a permit there-
for has first been obtained from the City of Livonia. The word "soil,"
for all purposes of this ordinance, is hereby defined to mean and irclude
land, earth, dirt, clay, s and, gravel, soil components, minerals and
kindred substances.
No soil removal permit or permit to stock-pile shall hereafter
be issued unless and until the City Planning Commission does,by resolution
(a) determine that the proposed soil removal and/or excavation operations
will not be injurious to the public health, safety and welfare; (b) approves
the application for a soil removal permit; and (c) authorizes the issuance
of a soil removal permit. Such approval shall be good for a period of
thirty (30) days within which time the applicant must obtain from the
Bureau of Inspection a topsoil permit.
All soil removal and excavation permits where authorized, shall
be issued by the Bureau of Inspection after full compliance i ance by the ap-
plicant of all terms and provisions of this section relating thereto.
Applications for soil removal and/or excavation permits,
verified under oath, shall be filed, in quadruplicate, with the Bureau
of Inspection. Such applications shall be accompanied by and set forth
fully the following information:
(a) The full name, address and signature of the applicant;
a full and complete legal description of the land on which
the soil removal and/or excavation operations are proposed;
the names, addresses aid signatures of the owner or owners
Page 3958
of such land; a detailed description of the nature and extent,
including the amount of acreage, of the proposed operations so
that tie character thereof and the effect upon such laid can
readily be ascertained; a description of the equipment and
vehicles to be used in the proposed operations; the time within
which such operations shall be commenced and completed, and an
agreement on the part of the applicant and owner, or owners, to
fully comply with all the ordinances, rules and regulations of
the City of Livonia and all its departments.
(b) A topographical survey, dated and certified by a registered
land surveyor shoeing, in detail, the existing grade elevations,
the proposed or finished grade elevation and the contour of the
land described in the application. The survey shall also in-
dicate the grade and elevation of all the nearest existing streets;
provided that in those cases when, the applicant desires to remove
soil from land that has been or is beirg platted and a proposed
subdivision has been approved or will be submitted to the City of
Livonia, then the applicant shall submit, in addition to the
above survey, a plat clearly indicating the grade elevations of
the proposed streets in such subdivision.
(c) A license, witnessed and acknowledged as in the case of
a deed, granting to the applicant (if the applicant is not the
owner), the person or persons executing the corporate surety
bond required hereafter and the City of Livonia, severally, the
right to enter upon said premises, describing them, and by
re. filling and grading such premises, restore the same and bring
it to the normal building grade as established from the nearest
existing or proposed street as the case may be.
The Bureau of Inspection shall forward a copy of such application
and topographical survey to the Police Department, the Engineering Division
and the City Planning Commission.
(a) The Police Department shall examine the application to
determine whether or not the proposed operations will interfere
with the enforcement and administration of traffic laws. The
recommendation of the Police Department shall be transmitted
to the City Planar ng C omnis sion.
(b) The Engineering Division shall examine and investigate the
application and topographical survey to determine the existing
grade elevation of the property deicribed in same. The City
'Engineer shall recommend approval of the application only if
it appears from his examination and investigation that no soil
will be removed below the normal building grade as established
from the nearest existing or proposed streets, as the case may
be. The recommendation of the Engineering Division shall be
transmitted to the City Planning Commission.
The City Planning Commission shall examine the application and
topographical survey, together with the above recommendations. The com-
mission shall not approve any application to remove soil below the normal
Page 3959
building grade as established from the nearest existing or proposed street;
similarly, no application shall be approved where the proposed operations,
in the opinion of the commission, would result in land becoming unwhole-
some, unhealthy, offensive, filthy or otherwise obnoxious. If, in the
opinion of the commission, there is sufficient soil available above the
normal, building grade and the proposed operations will not endanger the
public health, safety and welfare, then the commission may approve the ap-
plication. The approval shall be by resolution; such resolution shall also
authorize the issuance of a soil removal permit subject to any restriction
or condition which the commission may specify in approving the application
upon the payment of the permit fee and filing of the bond hereinafter pro-
vided.
Where an applicant requests permission to remove soil from land
that has been platted and approved for subdividing by the City of Livonia,
the grade elevation of the streets in the proposed subdivision may be
used as abasis for determining the normal building grade. The applicant
is herein required to present substantial evidence of the grade elevation
of such proposed streets.
Notwithstanding any of the provisions of this section, no soil
shall be removed below the normal building grade as established from the
nearest existing or proposed street, by the Engineering Division. No
soil shah be removed in such a manner as to cause water to collect or
as to result in a menace or danger to the public health, safety and welfare.
No soilshall be removed in such manner as to leave the surface of the
land below such established grade or unfit for the growing of turf and
other land uses permitted in the district in which such removal occurs.
The Engineering Division at any time may fully inspect or examine land
from which it is proposed to remove or excavate soil, for the purpose of
making any determination as to grades ar otherwise. The holder of a
permit shall during such removal, provide for drainage in such manner
as may be approved by the Engineering Division of the Department of Public
Works.
The fee for such permit is fixed by Section 18.04 of this or-
dinance. No permit shall be transferable. Such permit shall specify
the period for which it is granted, which shall in no case be longer than
one (1) year from the date of issuance. A permit may be revoked by the
Bureau of Inspection whenever the holder of such permit has violated any
of the provisions of the ordinances, rules and regulations of the City
of Livonia or whenever the exercise of the rights granted by such permit
have caused or is reasonably likely to cause a menace or danger to the
public health, safety or welfare.
No permit shall be issued until the applicant and owner or
owners have furnished a corporate surety bond, conditioned on the full
performance by the holder of the permit of all the provisions of this
section, due compliance with the laws of the State and ordinances of the
City of Livonia and payment of any and all claims of the City of Livonia
and/or any person or persons arising out of any operation under or use
of such permit, or any violation of said laws or ordinances; such bond
shall also be specifically conditioned upon the holder of the permit, at
all times, maintaining the premises upon which the removal of soil or
Page 3960
excavating is being performed, in a safe and proper condition, and that
said permit holder will, upon completion of such operation leave or
restore the said land to the normal building grade level (as established
by the Department of Public Works), remove and abate all offensive con-
ditions, all unhealthy, unwholesome, obnoxious, filthy and unsanitary
conditions, drain stagnant water existing and resulting from auch removal
of soil or excavating. Every bond shall be in such amount as may be fixed
by the City Planning Commission sufficient to pay the cost of filling and
grading the land, on which such operations are undertaken, to the normal
building grade (as established by the Department of Public Works). Such
bond shall be for an indefinite period until released and discharged,
upon recommendation of the Engineering Division and Bureau of Inspection,
by resolution of the City Planning Commission adopted at a regular meeting
of that body. The bond shall be in such form as may be approved by the
City Attorney.
This section shall apply to the commercial removal of soil and
shall not apply to the moving,grading or leveling of soil within a
parcel of land for reasonably immediate use upon such parcel of land,
nor shall this section apply to such removal of soil as the Bureau of
Inspection may determine to be reasonably necessary in the construction
of basements, foundations, footings, driveways, underground utilities and
parking areas, nor shall this section apply to the removal of grass sod
grown for commercial purposes where the Bureau of Inspection determines
that such removal will not cause water to collect, result in poor drainage
conditions or constitute a menace to public health and safety; provided,
however, that a determination that this section does not apply in the
above instance shall always be made in writing by the Bureau of Inspection
on written application of any person desiring to remove sod. Where a lot
or parcel of land is used for the commercial growing and removal of grass
sod, a permit for such use shall be obtained from the Bureau of Inspection.
Where an applicant has been denied a permit for the removal of sod, he may
appeal from the determination of the Bureau of Inspection to the Zoning
Board of Appeals.
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 . Should any portion of this ordinance be held invalid for any
reason, suc� �� shall not be construed as affecting the validity of the remain-
ing portions of this ordinance.
The foregoing Ordinance was placed on the table far consideration at the next
regular meeting of the Council.
By Councilman Bagnall, seconded by Councilman McCann and unanimously
adopted, it was
#344-59 RESOLVED that, the proposed ordinance dated June 2, 1959, which
would add a new section, that is Section 3.7, to Ordinance No. 224, the
Page 3961
Livonia Sewage Disposal System Ordinance, is hereby referred to the Water
and Sewer Board for its study and report and recommendation back to the
Council as soon as is reasonably possible.
By Councilman Bagnall, seconded by Councilman McCann, it was
#315-59 RESOLVED that, the Department of Law aid the Department of Public
Works are hereby requested to consider ordinance amendments which would
require developers and builders of new subdivisions to finish grade, seed
and/or sod all lots in new subdivisions as a condition of plat approval
and to provide for same in the subdivision inprovement bond which must be
deposited with the City by each respective proprietor.
A roll call vote was taken an the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall and Kleinert.
NAYS: Salvadore and Grant.
The President declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman McCann, it was
#346-59 RESOLVED that, having considered the recommendation of the
Assistant Director of Public Works dated May 28, 1959, approved by the
Mayor and Director of Public Works, in regard to a Livonia Clean-Up
Week, the Council does hereby authorize the expenditure of $2,540.68
from the Municipal Refuse Disposal System Account of the budget, for
the purpose of conducting a Livonia Clean-Up Week to extend from Monday,
June 15 through Friday, June 19, 1959, with appropriate publicity to
follow.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, O'Neill, Bagnall and Grant.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councjinan Kleinert, seconded by Councilman Bagnall, it was
#347-59 RESOLVED that, having c msidered the recommendation of the
Mayor dated May 28, 1959, the Council does hereby amend resolution
#811-58 adopted an December 22, 1958, so as to authorize payment of
a salary of $300.00 per month to the City Assessor until July 31, 1959;
and that effective August 1, 1959, the salary for said office shall
revert to the rate of $100.00 per month.
A roll call vote was taken on the foregoing resolution with the fallowing result:
AYES: Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
Page 3962
On motion of Councilman Bagnall, seconded by Councilman McCann and
unanimously adopted, this 280th regular meeting of the Council of the City of
Livonia was duly adjourned at 10:35 P. M., June 8, 1959.
i
Marie W. (lark, City Clerk