HomeMy WebLinkAboutCOUNCIL MINUTES 1963-11-13 Page 6312
MINUMS OF THE FOUR HUNDRED THIRTIETH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On November 13, 1963, the above meeting was held at the City Hall, 33001 Five
Mile Road, Livonia, Michigan, and was called to order by the Vice President of the
Council at approximately 8:06 P. M. Councilman Kleinert delivered the invocation.
Roll was called with the following result: Present-- Edward H. McNamara, John T.
Daugherty, Rudolf R. Kleinert and John F. Dooley. Absent-- *Sydney B. Bagnall,
William E. Parks and James R. McCann.
Elected and appointed officials present: Marie W. Clark, City Clerk;
Juanita Hillas, Deputy City Clerk; Alan wait, City Attorney; Milton I. Firestone,
Assistant City Attorney; Robert A. Shaw, Director of Public works; William J. Strasser,
Chief City Engineer; David R. McCullough, City Planner; Daniel R. Andrew, Industrial
Coordinator; Milton R. Holley, City Assessor; Leonard Newlon,Traffic Commission;
Victor C. Phillips, Budget Director; and Addison W. Bacon, Director of Public Safety.
By Councilman Kleinert, seconded by Councilman Dooley and unanimously
adopted, it was
#870-63 RESOLVED that, the minutes of the 429th regular meeting of the
Council of the City of Livonia held November 6, 1963, are hereby approved.
The letter dated November 13, 1963, from the City Attorney, submitted
pursuant to resolution #856-63, regarding assignments in the Legal Department, was
received and placed on file for the information of the Council.
By Councilman Kleinert, seconded by Councilman Dooley, it was
#871-63 RESOLVED that, having considered the request of the City Treasurer,
dated November 13, 1963, the Council does hereby transfer the sum of $150.00
from Account No. 141-25 to Account No, 141-29.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, Daugherty and. McNamara.
NAYS: None.
Page 6313
By Councilman Daugherty, seconded by Councilman Kleinert, it was
#872-63 RESOLVED that, having considered the request dated October 18,
1963, from the Chairman of the Commission on Children and Youth, approved
by the Mayor, concerning the Commission's salary and wage account, the
Council does hereby transfer the sum of $816.814 from the Unallocated Fund
to the Salary and Wage Account of the Commi$ ion on Children and Youth.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, Daugherty and McNamara.
NAYS: None.
The letter dated November 12, 1963, from the City Assessor, submitted
pursuant to resolution #860-63, was received and placed on file for the information
of the Council.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
#873-63 RESOLVED that, having considered the report and recommendation
dated October 31, 1963, from the Chief City Engineer, approved by the
Director of Public works, regarding Advance Planning Funds Applications
made pursuant to Council resolutions #216-63, 1256-63, and #257-63, the
Council does hereby rescind the aforesaid resolutions for the reason
that the Council has since adopted a Master Sanitary Sewer Program and
has arranged for the financing of the program; and the City Clerk is hereby
requested to notify the Housing and Home Finance Agency, 360 North Michigan
Avenue, Chicago 1, Illinois, by transmission of a certified copy of this
resolution to said agency.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, Daugherty and McNamara.
NAYS: None.
The letter dated October 31, 1963, from the Civil Service Commission, sub-
mitted pursuant to resolution #461-63, regarding salary grades for Chief Building
Inspector and Assistant City Assessor, wns received and filed.
By Councilman Daugherty, seconded by Councilman Dooley and unanimously
adopted, it was
#871-63 RESOLVED that, having considered the communication dated
October 18, 1963, from Charles W. Flager, 29516 Puritan Avenue, Livonia,
Michigan, concerning the position of refrigeration inspector, the Council
does hereby refer the same to the Committee of the Whole for consideration
with the ensuing budget.
page 6314
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#875-63 RESOLJED that, having considered a communication dated October 23,
1963, from Joseph T. Siprak, concerning discharge of special police officer,
the Council does hereby refer the same to the Department of Law in con-
nection with resolution #598-63, and hereby requests the Department of Law
to submit its comments and opinions for the study meeting of November 20,
1963, for consideration at the ensuing regular meeting.
By- Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
#876-63 RESOLVED that, having considered the report and recommendation
dated July 30, 1963, from the City Planning Commission as amended by their
report and recommendation dated November 1, 1963, in connection with
Petition Z-598, submitted by Albert Newman for change of zoning in the
Northwest 1/4 of Section 31 from R-1-B to RUB, the Council does hereby
concur with the recommendations of the Planning Commission and the said
Petition Z-598 is hereby approved and granted; and the City Planner is
instructed to cause the necessary map for publication to be prepared
indicating the zoning change herein approved and to furnish the same to
the Department of Law, and upon receipt of such map, the Department of
Law is requested to prepare an ordinance amending Ordinance No. 60 in
accordance with this resolution; and further, the Council does hereby
rescind its resolution #648-63, to accomplish the corrections herein
contained.
An Ordinance Amending Section 13 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 3.365 (Petition Z-601), introduced by
Councilman McNamara on November 6, 1963, was taken from the table and a roll call
vote conducted thereon with the following result:
AYES: Kleinert, Daugherty, Dooley and McNamara.
NAYS: None.
The Vice President declared the foregoing Ordinance duly adopted and would become
effective on publication.
An Ordinance Amending Section 20 of the Zoning Map of the City of Livonia
and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of
him
the City of Livonia, by Adding Thereto Section 3.366 (Petition Z-603), introduced on
Page 6315
November 6, 1963, by Councilman McCann, was taken from the table and a roll call vote
conducted thereon with the following result:
AYES: Kleinert, Dooley, Daugherty and McNamara.
NAYS: N ore .
The Vice President declared the foregoing Ordinance duly adopted and would become;
effective on publication.
An Ordinance Amending Section 33 of the Zoning Map of the City of Livonia,
and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of
the City of Livonia, by Adding Thereto Section 3.367 (Petition 1-611), introduced on
November 6, 1963, by Councilman Daugherty, was taken from the table and a roll call
vote conducted thereon with the following result:
AYES: Kleinert, Dooley, Daugherty and McNamara.
NAYS: None.
The Vice President declared the foregoing Ordinance duly adopted and would become
effective on publication.
By Councilman Kleinert, seconded by Councilman Dooley and unanimously
adopted, it was
#877-63 RESOLVED that, having considered the communication dated Novem-
ber 1, 1963, from the Chief City Engineer, approved by the Director of
Public 04orks, and before determining to install concrete paving on the
unpaved portion of the North 1/2 of Lyndon Avenue between Berwick and
Merriman Roads, located in the Northeast 1/L of Section 22 in the City of
Livonia, Wayne County, Michigan, the cost of which is to be defrayed by
special assessment, the Chief City Engineer is hereby requested to
ascertain the assessed valuation of all property affected by the proposed
improvement, the number of parcels which show tax delinquencies, the
number of parcels awned by public authorities, the number of parcels which
are now vacant, and to prepare or cause to be prepared, plans and specifica-
tions 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 paid by special assessment and what part, if any,
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
Sections 3.03 and 4.01 of Ordinance No. 401, as amended; such recommendation
to be based on Plan D in the report dated November 1, 1963, from the Chief
City Engineer.
Page 6316
By Councilman Daugherty, seconded by Councilman Dooley and unanimously
adopted, it was
#878-63 RESOLVED that, having considered the letter from the attorney
for the petitioner, dated November 13, 1963, relative to Petition Z-605,
the Council does hereby table this matter to the regular meeting of the
Council on January 15, 1964, with the understanding that the petitioner or
his attorney agrees that he will advise Mr. B. T. Reddy as spokesman for the
residents of any contemplated change of zoning or use for the property in
question, prior to January 8, 1964.
* Councilman Sydney B. Bagnall arrived at 8:30 P.M.
By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
#879-63 RESOLVED that, having considered the report of several citizens
in connection with Petition Z-605, that lands in the area between Fanning-
ton and Middlebelt Roads, South of Eight Mile Road, are being used for
dumping and storage of trucks and disabled vehicles, the Council does
hereby request the Chief Inspector to make an investigation and report
concerning violations of the Zoning Ordinance, Ordinance No. 60, as amended.
By Councilman Dooley, seconded by Councilman Kleinert and unanimously
adopted, it was
#880-63 RESOLVED that, consideration of the report and recommendation of
the City Planning Commission regarding Petition Z-608 is hereby tabled to
the next study meeting of the Council.
By Councilman Dooley, seconded by Councilman Daugherty and unanimously
adopted, it was
#881-63 RESOLVED that, having considered the report and recommendation
dated November 1, 1963, from the City Planning Commission in regard to
Petition No. Z-609, submitted by Nelson Dembs, for change of zoning in the
Northeast 1/4 of Section 14, from RUFB to R-3, the Council does hereby
concur with the recommendation of the Planning Commission and the said
Petition No. 1-609 is hereby approved and granted; and the City Planner
is hereby instructed to cause the necessary map for publication to be pre-
pared indicating the zoning change herein approved and to furnish the same
to the Department of Law and, upon receipt of such map, the Department of
Law is requested to prepare an ordinance amending Ordinance No. 60 in
accordance with this resolution.
By Councilman Kleinert, seconded by C ouncilman Dooley, it was
#882-63 RESOLVED that, having considered the recommendation of the Civil
Service Commission contained in a communication from the Personnel Director,
Page 6317
dated November 1, 1963, concerning City employees' hospitalization and life
insurance and disability insurance, the Council does hereby refer the same
to the Finance Committee for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, Bagnall and McNamara.
NAYS: Daugherty.
The Vice President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Dooley and unanimously
adopted, it was
#883-63 RESOLVED that, consideration of the report dated November 1, 1963,
from the Chief City Engineer, concerning a requested subdivision bond
release for Har-Lo Subdivision, is hereby tabled to the meeting of Janu-
ary 15, 1964.
By Councilman Dooley, seconded by Councilman Bagnall, it was
#884-63 RESOLVED that, the letter dated October 20, 1963, from the
Livonia Police Officers Association concerning attorney fees in connection
with Civil Service proceedings, is hereby referred to the Department of
Law for an opinion.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, Bagnall and McNamara.
NAYS: Kleinert and Daugherty.
The Vice President declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman Dooley and unanimously
adopted, it was
#885-63 RESOLVED that, having considered a petition received October 29,
1963, from residents of Buckingham Village Subdivision to correct back
yard flooding between Lyons and Deering Avenues in the City of Livonia,
the Council does hereby refer the same to the Chief City Engineer for his
report and recommendation, specifically the under-lying reasons for the
flooding in question.
By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
#886-63 RESOLVED that, having considered a communication received
October 28,, 1963, from A. J. Mummery, 8631 St. Marys, Detroit Michigan,
concerning possible improvement of Henry Ruff Road at Lyndon Avenue in
Page 6318
Section 23, City of Livonia, the Council does hereby refer the same to the
Chief City Engineer for a report on costs and descriptions, to be submitted
at the study meeting of November 20th, for consideration at the ensuing
regular meeting.
By Councilman Bagnall, seconded by Councilman Kleinert, it was
#887-63 RESOLVED that, having considered the resolutions of the Water
and Sewer Board relating to Debt Rate Charges, Tap-in Fees, and the 1963
Water Main Projects, transmitted by letters dated October 29, 1963, from
the Chairman of the Water and Sewer Boards the Council does hereby:
1) concur with resolution WS 559 10/63 wherein it is provided
that residents connected to water mains or benefiting from a City
water main shall, without exception, be subject to paying the Debt
Rate Charges as established in Ordinance No. 43, as amended;
2) concur with resolution WS 560 10/63 wherein the Water and
Sewer Board establishes a policy whereby a water user who is con-
nected to a private line and has paid the full connection charge
as established by Ordinance, will be disconnected from such private
line and reconnected to the City water line, where and when available,
and will not be subject to a second tap-in fee;
3) concur in resolution WS 561 10/63 wherein the Water and Sewer
Board approved (reaffirmed) the 1963 Water Main Projects in six
locations throughout the City, as outlined in a letter dated
October 4, 1963, from the Chief City Engineer, which is consistent
with the report of the Water and Sewer Board as contained in its
resolution WS 559 10/63 in answer to Council resolution #769-63,
relating to recommendations for water mains, Capitol and Brewster;
and
the Council having concurred in the matters herein contained, rejects the
contingent recommendation contained in resolution WS 562 10/63.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, Bagnall, Daugherty and McNamara,
NAYS: None.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#888-63 RESOLVED that, having considered a communication dated October 24,
1963, from Parkins, Rogers & Associates, Inc., Planning and Urban Renewal
Consultants, 2889 West Grand Boulevard, Detroit 2, Michigan, regarding a
proposal for the submission of a Survey and Planning Application for the
City of Livonia, the Council does hereby refer the same to the Committee
of the Whole for its report and recommendation.
The letter dated October 25, 1963, from the Livonia Ministers Association
was received and placed on file for the information of the Council.
Page 6319
Councilman Bagnall introduced the following Ordinance:
AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION, HEIGHT
AND LOCATION OF ALL FENCES IN THE CITY CF LIVONIA
THE CITY OF LIVONIA ORDAINS:
ARTICLE I
TITLE, PURPOSE, CONSTRUCTION AND ENABLING AUTHORITY
Section 1.01. Title. This ordinance shall be known and cited as the "Fence
Ordinance of the City ofi�vonia."
Section 1.02. Purpose. The purpose of this ordinance is to promote and
protect the public health, safety and welfare.
Section 1.03. Construction. This ordinance shall be liberally construed in
such manner as to best effectuate its purpose. The provisions of this ordinance shall
be construed, if possible, in such manner as to make such provisions compatible and
consistent with the provisions of all existing and future zoning and other ordinances
of the City of Livonia, and all amendments thereto; provided, however, that where any
inconsistency or conflict cannot be avoided, then the most restrictive of such in-
consistent or conflicting provisions shall control and prevail. The provisions of
this ordinance shall not be applicable to private outdoor swimming pools and other
related recreational facilities.
Section 1.04. Enabling Authority. This ordinance is adopted pursuant to
Section 3 of Act 297, Public Acts of Michigan, 1909, as amended; Section 1 of Chapter II,
and sections 11 and 26 of Chapter IX of the Charter of the City of Livonia.
ARTICLE II
FENCES
Section 2.01. Fences. The respective owners of adjacent residential lots or
residential properties may construct and maintain partition fences between their own
and the next adjoining residential lots or properties, in such manner and subject to
the limitations stated in the following sections. All owners of lots and adjoining
residential properties shall hereafter be responsible for the rebuilding, care and
upkeep of all fences contiguous to or bordering upon streets and alleys.
Section 2.02. "Residential Properties" Defined. The term "residential lots"
or "residential properties" as used in this article means property in any residential
districts as shown on the Zoning Map of the City of Livonia which is actually developed
and used for residential dwelling purposes.
Section 2.03. Residential Partition Fences; Types. All fences between
residential properties shall be of the "cyclone" type where the adjoining property
owners have mutually agreed to share the expense of such fence; except that such
parties may by mutual consent agree to any other type of fence which is of safe
construction and which does not violate the provisions of this article. Where the
entire cost of the fence is to be borne entirely by one owner, a fence other than
Page 6320
the "cyclone" type may be constructed but it shall be built wholly upon the builder's
property except with the consent of the adjoining property owner or owners it may be
constructed on the dividing line. In no case, however, shall any fence violate any
of the provisions of this article.
Section 2.04. Residential Partition Fences; Location. Fences which divide
residential lots or properties shall be constructed on the dividing lot lines where the
abutting property owners contribute to its cost or mutually agree to such location.
Where one property owner builds a fence entirely at his own expense the fence shall be
constructed wholly on the builder's property. In every case the provisions of the
Loning Ordinance of the City of Livonia, as amended, shall be observed in the location
of fences.
Section 2.05. General Conditions hegarding the Constructioh of Fences.
(a) Height. All fences constructed between residential properties shall be
to a height above the average grade of the two (2) adjoining lots of not more than
six (6) feet; provided, however, that no fence shall be constructed in any front yard
except as may be specifically authorized by the 'oning Ordinance, as amended; the
maximum height for fences in or around industrial or manufacturing areas and school
properties shall be eight (8) feet above grade.
(b) Depth of Posts. All fences constructed or reconstructed within the
limits of the City of Livonia shall be constructed on posts sunk at least three (3)
feet below grade.
(c) Barbed wire; Prohibited; Exception. It shall be unlawful for any person,
firm or corporation or their lessee or agent to either construct or maintain a barbed
wire fence, partially or wholly, between or abutting any residential properties, or in
or along any street or in front of any public place or space, or to nail or cause barbed
wire to be nailed or fastened in any form, shape, or manner upon such fences; provided,
however, that barbed wire fences may be permitted around manufacturing plants where
such property does not abut residential property and according to such rules and
regulations as may be promulgated by the building official; provided, however, that
notwithstanding anything to the contrary herein contained, barbed wire cradles may be
placed on top of fences enclosing public utility installations in any zoning use
district,which fences shall be constructed to a height of not more than eight (8) feet
nor less than six (6) feet.
ARTICLE III
ADMINISTRATION
Section 3.01. Enforcement. The enforcement of this ordinance is hereby
delegated to the Building Official.
ARTICLE IV
M IS CELLAN i1 OUS PROVISIONS
Section 4.01. Penalty. Any violation of this ordinance shall constitute a
misdemeanor and upon conviction thereof shall be punishable by a fine of not more than
rive Hundred Dollars ($00.00) or by imprisonment for not more than ninety (90) days,
or by bDth such fine and imprisonment in the discretion of the Court.
Page 6321
Section 4.02. Repeal. 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 4.03. Severability. 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 Daugherty and unanimously
adopted, it was
#889-63 RESOLVED that, the request dated November 130 1963, from the
Allied Veterans Committee of Livonia regarding the 1964 Memorial Day
Parade, is hereby referred to the Committee of the whole for consideration
in the new budget.
The letter dated November 1, 1963, f rom Acres Development Company, regard-
ing use of certain land in Section 28 for U. S. Army Reserve Training Center, was
received and placed on file for the information of the Council.
By Councilman Daugherty, seconded by Councilman Bagnall, it was
#890-63 RESOLVED that, having considered the report and recommendation
dated October 29, 1963, from the Library Commission concerning the in-
stallation of a Docustat machine for duplication of library materials and
other documents, pursuant to a proposed contract with Documat, Inc., the
Council does hereby approve the contract as submitted and subject to the
changes outlined in a communication dated November 13, 1963, from the
Department of Law, and does hereby authorize the Mayor and City Clerk to
execute the same on behalf of the City and to do all other things neces-
sary or incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, Bagnall, Daugherty and McNamara.
NAYS: None.
The following resolution was offered by Councilman Bagnall, supported by
Councilman Kleinert and unanimously adopted:
#891-63 WHEREAS, Police Chief James N. Jordan was dismissed October 16,
1963, for failing to wear his uniform on two days and for using a rubber
stamp of Safety Director Addison W. Bacon, and
WHEREAS, Chief Jordan appealed this dismissal to the Civil
Service Commission, and
Page 6322
WHEREAS, Chief Jordan was reinstated effective November 6, 1963,
as the result of a "settlement" negotiated between the Safety Director,
and concurred in by Mayor Moelke, and the Police Chief which provided
for a penalty of loss of twenty-seven (27) working days representing
approximately $1,200.00, and with the further understanding that this
penalty would not be appealed to the Civil Service Commission, and
WHEREAS, it is considered that the Charter provisions in
setting up the Civil Service Commission with all of the powers of
administrating a Civil Service program, were not intended to allow the
removal of right of appeal by any City employee under any circumstances,
and
WHEREAS, the Civil Service Commission has not reviewed or
concurred with the disciplinary action meted out to Police Chief Jordan,
NOW, THEREFORE, BE IT RESOLVED that the Council recommends and
strongly urges the Civil Service Commission, under the provision of the
Charter, Chapter V, Section 16(b), adopt a rule which would require the
submission of all disciplinary action taken for their review and con-
currence before any appeal may be withdrawn from the Commission, and
BE IT FURTHER RESOLVED that if such rule is adopted by the
Civil Service Commission, that the Mayor be requested to direct the Safety
Director to submit to the Civil Service Commission the disciplinary action
taken in the subject case for their action as related to the suggested
rule.
On motion of Councilman Kleinert, seconded by Councilman Bagnall and
unanimously adopted, this 430th regular meeting of the Council of the City of Livonia
was duly adjourned at 9:00 P. M., November 13, 1963.
2 '' ^
(--F` rie W. Clark, City Clerk