HomeMy WebLinkAboutCOUNCIL MINUTES 1962-03-26 Page 53 ,.9
MINUTES OF THE THREE HUNDRED FIFTY-NINTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On March 26, 1962, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President of the Council at
approximately 8:38 P. M. Councilman Kleinert delivered the invocation. Roll was
called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty,
William N. Ponder, Rudolf R. Kleinert, Jack Salvadore and James R. McCann.
Absent-- Austin T. Grant.
By Councilman Ponder, seconded by Councilman Salvadore and unanimously
adopted, it was
#213-62 RESOLVED that, the minutes of the 358th regular meeting of the
Council of the City of Livonia held March 12, 1962, are hereby approved.
The President relinquished the chair to the Vice President at 8:40 P. M.
By Councilman Bagnall, seconded by Councilman Kleinert and unanimously
adopted, it was
#211 -62 RESOLVED that, having considered the petition dated March 12,
1962, from residents of Sunset Hills Subdivision regarding the recent
flooding of basements, and having considered the report dated March 15,
1962, from the Engineering Division in connection therewith, the Council
does hereby request the Engineering Division
(1) to immediately prepare detailed plans for the installation of
a lift station adequately designed to relieve this flooding condition;
(2) to determine the estimated cost of such a facility;
(3) to obtain as soon as possible thereafter the approval of such
an installation by the State Board of Health and, in connection
with obtaining such approval, the Engineering Division is directed
to present to the Health Commissioner all facts and circumstances
which have created the urgent need for such a facility; and
(4) to immediately, upon completion of the above items, file its
report with the City Council in order that an appropriation can
be made and bids authorized.
The President resumed the chair at 8:46 P. M.
The letter dated March 7, 1962, from the Water Resources Commission re-
garding the Detroit River-Lake Erie Conference, was received and placed on file.
Page 5350
ilmThe letter dated March 14, 1962, from the Department of Law regarding
proposed State Legislation was received and placed on file.
The report from the Water and Sewer Committee was submitted by Councilman
Daugherty, chairman.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#215-62 RESOLVED that, having considered the report of the Water and
Sewer Committee, dated March 19, 1962, the Council does hereby determine
to take no action at this time toward the proposed improvement of the Bell
and Blue Drains as requested in a petition from certain residents of the
B. E. Taylor Schoolcraft Manor Subdivision and as recommended in a report
from the Engineering Division, dated February 6, 1962, it being the present
belief of the Council that the benefits to be derived from such an im-
provement would not sufficiently justify the additional millage required
to finance such a project.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#216-62 RESOLVED that, having considered the report and recommendation
of the Water and Sewer Committee, dated March 21, 1962, the Council does
hereby request that the Budget Director and Chief City Engineer review
and revise on a current basis the Sewer Rate Study, dated February 25, 1958,
and prepared by the engineering firm of Hubbell, Roth & Clark, Inc., and in
doing so to particularly reconsider the projections made in such study
based on the best available information on the current operational cost
of the sewer system.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#217-62 RESOLVED that, having considered the report and recommendation
of the Water and Sewer Committee, dated March 21, 1962, the Council does
hereby ask the Department of Law to submit its recommendation regarding
Ordinance No. 350, which establishes an air conditioning charge, in view
of the recent decision of the Michigan Supreme Court holding such charge
to be invalid with respect to the City of Detroit.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
#218-62 RESOLVED that, having considered the verbal report from the
Finance Committee, the Council does hereby appropriate the sum of
$76,965.01 from the Unappropriated Surplus to the Unallocated Fund.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
Page 5351
By Councilman Ponder, seconded by Councilman Kleinert, it was
#219-62 RESOLVED that, having considered the separate reports and recom-
mendations from the Director of Public Safety, each dated March 12, 1962,
the Council does herein authorize and request the City Clerk to make ap-
plication to The Detroit Edison Company, on forms provided by such company
for the installation of street lights of suitable lumen strength to be
installed at the locations described below, all of which are in the City
of Livonia, it being the determination of the Council that such locations
require lighting in order to protect the public safety of the residents
of the community:
At the intersections of Middlebelt and Lori, Barkley and Linda
Streets;
At the intersection of Seven Mile Road and Gillman;
At the intersection of Middlebelt and Bretton Street;
At the south entrance of Clarenceville Junior High School
parking lot;
At the intersection of Ann Arbor Trail and Linville;
At the intersection of Joy Road and Linville;
At the intersection of Joy Road and Crown; and
tftw
At the intersection of Ann Arbor Trail and Grandon.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#220-62 RESOLVED that, the Director of Public Safety is requested to
prepare a report and submit to the Council for consideration a three or
five phase program of major City-wide street lighting of intersections
for the City of Livonia, including those existing built-up areas.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#221-62 RESOLVED that, having considered the report and recommendation
dated February 27, 1962, from the Superintendent of Operations Division,
approved by the Mayor and Director of Public Works, the Council does hereby
accept the bid of Acorn Iron Works, Inc., 9260 Freeland, Detroit 27, Michi-
gan, in the amount of $5,637.00, for furnishing materials and labor neces-
sary for the construction of a steel roof on the garage addition at the
Department of Public Works yard, in accordance with Plan No.6123, prepared
Page 5352
by William P. Lindhout, A. I. A., such having been in fact the lowest
bid received for this item and, for this purpose, the Council does hereby
transfer $4,150.00 from the Unallocated Fund to Account No. 360-1 (Garage
Materials).
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvadore, McCann, Daugherty and Bagnall.
NAYS: Ponder.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#222-62 RESOLVED that, the report and recommendation dated March 13,
1962, from the Chief City Engineer, regarding a drainage study of the
Thomas Elliot Subdivision, is hereby referred to the Water and Sewer
Committee for its report and recommendation.
By Councilman Salvadore, seconded by Councilman Kleinert, it was
#223-62 RESOLVED that, the communication from the Parks and Recreation
Commission, dated March 15, 1962, regarding an offer to purchase property
adjacent to the Grandview School, is hereby referred to the Capital Im-
r. provements Committee for its report and recommendation.
A roll call vote w.,s taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvadore, McCann, Daugherty and Bagnall.
NAYS: Ponder.
The President declared the resolution adopted.
The letter dated March 15, 1962, from the Parks and Recreation Commission
with regard to the toboggan hill located on the Jefferson School park site was re-
ceived
e-ceived and placed on file.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#224-62 RESOLVED that, having considered the report and recommendation
dated March 9,1962, from the Chief City Engineer, approved by the Mayor
and Director of Public Works, with respect to a certain drainage condition
existing on the premises at 31758 Joy Road, the Council does hereby
authorize the Operations Division to proceed with whatever work is neces-
lui sary in order to correct this condition; provided that the owner of the
aforesaid premises first deposits with the City of Livonia the sum of
$137.94, to cover the cost of materials necessary to correct such condition.
Page 5353
A roll call vote was taken on the foregoing resolution with the following result:
thig. AYES: Kleinert, Salvadore, McCann, Daugherty and Bagnall.
NAYS: Ponder.
The President declared the resolution adopted.
By Councilman Ponder, seconded by Councilman Daugherty, it was
RESOLVED that, every person in the City of Livonia who makes a
complaint of backyard drainage, which is studied by the Engineering Division,
if the petitioner is willing to furnish material, the City of Livonia will
furnish labor to correct same.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, Daugherty and Ponder.
NAYS: Kleinert, McCann and Bagnall.
The President declared the resolution denied.
By Councilman Daugherty, seconded by Councilman Ponder and unanimously
adopted, it was
tribm #225-62 RESOLVED that, the Council does hereby refer to the Engineering
Division, the petition dated March 3, 1962, from certain residents of
Thorpe Drive, for its report regarding the condition of that road prior
to making a determination as to whether or not it should be accepted as
a public street.
By Councilman Kleinert, seconded by Councilman Salvadore, it was resolved
that
#226-62 WHEREAS, it appears that a certain portion of Grove Street ex-
tending East from Middlebelt Road to Savoie Street in the Northwest 1/4 of
Section 13, has been used as a road to a width of sixty (60) feet by the
public for upwards of ten years and that the same has received some main-
tenance at public expense by the Township of Livonia and the City of
Livonia; and
WHEREAS, it is provided by M.S.A. 9.21 that "all roads that shall
have been used as such for ten years or more, whether any record or other
proof exists that they were ever established as highways or not .... shall
be deemed public highways," and it having also been determined by the
Michigan Supreme Court that "a highway by user becomes such to the width
and extent used";
NOW, THEREFORE, BE IT RESOLVED that, Grove Street between Middle-
belt and Savoie Street is hereby officially incorporated into thepublic
street system of the City of Livonia; and the Department of Public Works
is herein authorized to report the same to the State Highwa4y Department as
Page 53511
a City street in the appropriate category and to perform the usual work
with respect to the care and maintenance thereof; and the City Clerk is
hereby instructed to transmit certified copies of this resolution to the
Wayne County Bureau of Taxation, Board of Wa4Yne County Road Commissioners,
City Treasurer, the Michigan State Highway Department and to cause a copy
of this resolution to be recorded with the Register of Deeds for the
County of Wayne.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvadore, McCann, Daugherty and Bagnall.
NAYS: Ponder.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman McCann, it was resolved
that
#227-62 WHEREAS, it appears that a certain portion of Savoie Street
extending south 1600 feet from the southerly right-of-way line of Six
Mile Road in the Northwest 1/4 of Section 13, has been used as a road to
a width of sixty (60) feet by the public for upwards of ten years and that
the same has received some maintenance at public expense by the Township
of Livonia and the City of Livonia; and
WHEREAS, it is provided by M.S.A. 9.21 that "all roads that shall
have been used as such for ten years or more, whether any record or other
proof exists that they were ever established as highways or not . . . shall
be deemed public highways," and it having also been determined by the
Michigan Supreme Court that "a highway by user becomes such to the width
and extent used";
NOW, THEREFORE, BE IT RESOLVED that, Savoie Street extending south
1600 feet from the southerly right-of-way line of Six Mile Road is hereby
officially incorporated into the public street system of the City of
Livonia; and the Department of Public Works is herein authorized to report
the same to the State Highway Department as a City street in the appropriate
category and to perform the usual work with respect to the care and main-
tenance thereof; and the City Clerk is hereby instructed to transmit
certified copies of this resolution to the Wayne County Bureau of Taxation,
Board of Wayne County Road Commissioners, City Treasurer, the Michigan State
Highway Department, and to cause a copy of this resolution to be recorded
with the Register of Deeds for the County of Wayne.
A roll call vote w,s taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvadore, McCann, Daugherty and Bagnall.
NAYS: Ponder.
161. The President declared the resolution adopted.
Page 5355
By Councilman Kleinert, seconded by Councilman McCann, it was
im. #228-62 RESOLVED that, having considered the communication dated March 12,
1962, from the Livonia Yellow and Red Cab Company, to Councilman Kleinert,
the Council does hereby refer the same to the Police Department with the
request that such department investigate the question of domicile raised
in that letter.
By Councilman Ponder, seconded by Councilman Salvadore, it was
RESOLVED that, the communication dated March 12, 1962, from the
Livonia Yellow and Red Cab Company, be tabled indefinitely.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann and Ponder.
NAYS: Kleinert, Daugherty and Bagnall.
The President declared the resolution denied.
A roll call vote was taken on resolution #228-62, with the following result:
AYES: Kleinert, McCann, Daugherty, Ponder and Bagnall.
iirNAYS: Salvadore.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman Ponder, it was
#229-62 RESOLVED that, having considered the re quest dated March 1)4,
1962, from the Livonia Junior Chamber of Commerce, the Council does hereby
authorize the City Clerk to waive the license fee requirement in con-
nection with a certain carnival to be held on June 5 thru June 10, 1962,
which will be sponsored by the above organization.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Ponder, seconded by Councilman Salvadore, it was
#230-62 RESOLVED that, having considered the request dated March 2, 1962,
from Forest Motor Sales, Inc., the Council does hereby grant the request
that its used car license fee be rebated in the sum of $37.50.
A roll call vote was taken on the foregoing resolution with the following result:
lirAYES: Kleinert, Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
Page 5356
At 9:30 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, except
Councilman Kleinert, who returned at a later time.
The letter dated March 13, 1962, from the Devonshire Park Civic Association
regarding Petition No. Z-51. 2, was received and placed on file for the information of
the Council when such petition is received.
By Councilman Ponder, seconded by Councilman Salvadore and unanimously
adopted, it was
#231-62 RESOLVED that, the letter dated March 13, 1962, from Mr. and
Mrs. R. Lightfoot, 19505 Angling Road, regarding certain property they
have offered to sell to the City, is hereby referred to the Capital
Improvements Committee of the Council for its report and recommendation.
By Councilman Daugherty, seconded by Councilman Ponder and unanimously
adopted, it was
#232-62 RESOLVED that, having considered the petition of certain residents
received March 15, 1962, and before determining to pave Cavell Street be-
tween Plymouth Road and West Chicago in the Northwest 1/1. of Section 36 in
the City of Livonia, the cost of which is to be defrayed by special assess-
ment, 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 specifications therefor and an
estimate of the cost thereof, and to file the same with the City Clerk
together with his recommendation as to what proportion of the cost should
be 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 land which should be included in the proposed special
assessment district, pursuant to the provisions of Section 6 of Ordinance
No. 31, as amended.
By Councilman Salvadore, seconded by Councilman Ponder and unanimously
adopted, it was
#233-62 RESOLVED that, the letter dated March 12, 1962, from the Livonia
Seventh-Day Adventist Church, reques ting the installation of a street light
at the intersection of Middlebelt Road and Sunnydale Street, is hereby re-
ferred to the Director of Public Safety for his report and recommendation.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
Page 5357
#234-62 RESOLVED that, the letter dated March 6, 1962, from the Senior
im. Citizens Club of Livonia, regarding the use of the Quaker Acres property
as a meeting place, is hereby referred to the Parks and Recreation and
Historical Commission for a joint meeting and comments and recommendation
to the Council.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#235-62 RESOLVED that, the two letters, each dated March 6, 1962, from
the Historical Commission, regarding Judge Blue's Court House and the
Newburg Methodist Church, are hereby referred back to such commission for
more sufficient information and estimate of cost regarding the nature of
these recommendations.
By Councilman Ponder, seconded by Councilman Salvadore and unanimously
adopted, it was
#236-62 RESOLVED that, the report and recommendation dated March 19, 1962,
from the Engineering Division, regarding a half pavement improvement ad-
jacent to the Adams School, is hereby referred to the Streets, Roads and
Plats Committee of the Council for its report and recommendation.
ter By Councilman Daugherty, seconded by Councilman Salvadore, it was
#237-62 RESOLVED that,Elmdale, Inc., 18657 Livernois, Detroit 21,
Michigan, as proprietors, having requested the City Council to approve
the proposed plat of the following Subdivision: Ellen Kay Subdivision,
located in part of the Southwest 1/4 of Section 13, City of Livonia, as
indicated on the revised plan dated March 23, 1962, prepared by Spalding,
DeDecker and Associates; and it appearing that tentative approval of said
proposed plat was given by the City Planning Commission under date of
January 19, 1960; and it further appearing that said proposed plat, to-
gether with the plans and specifications for improvements therein, have
been approved by the Department of Public Works under date of March 1)4,
1962; 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;
(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 pro-
prietors a bond to the City of Livonia, in such form as may be ap-
Page 5358
proved by the City Attorney, and in the following amount:
$105,000.00, of which at least $10,000.00 shall be cash;
and until all inspection fees and other charges due to the City of
Livonia have been fully paid;
(4) That the proprietor submit to the City Engineer as-built plans of
all improvements installed in the subdivision, on cloth reproducible
material;
(5) On full compliance with the above conditions and with the 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.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Ponder, seconded by Councilman Salvadore, it was
#238-62 RESOLVED that, having considered the report and recommendation
dated March 15, 1962, from the Chief City Engineer, approved by the Mayor
and Director of Public Works, the Council does hereby amend Item No. 3 of
Council resolution #504-61, adopted on July 31, 1961, so as to reduce the
bond for remaining improvements in Taylor Gardens Subdivision to $38,760.00,
of which at least $4,000.00 shall be in cash, to cover the cost of remain-
ing improvements in said subdivision and the bond now on deposit with the
City, if any, shall be reduced accordingly and the liability of the bonding
company shall also be limited to said amount; and the City Clerk is herein
authorized to do all things necessary to the full performance of this
resoluti ch.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Ponder, it was
#239-62 RESOLVED that, having considered the report and recommendation
dated March 7, 1962, from the Chief City Engineer, approved by the Mayor
and Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #837-61, adopted on November 27, 1961, so as to reduce the bond
for remaining improvements in Koloff's Sunnyside Estates Subdivision No. 2
to $19,000.00, of which at least $2,000.00 shall be in cash, to cover the
cost of remaining improvements in said subdivision, and the bond now on
deposit with the City, if any, shall be reduced accordingly and the
liability of the bonding company shall also be limited to said amount; and
the City Clerk is herein authorized to do all things necessary to the
full performance of this resolution.
Page 5359
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Salvadore, it was
#2110-62 RESOLVED that, having considered the request dated March 15, 1962,
from the Koloff Building Company, the Council does hereby amend Item No. 1
of resolution #31.6-60, adopted on June 13, 1960, as amended by subsequent
resolution #835-61 adopted on November 27, 1961, so as to extend for an
additional two (2) years the period within which all required improvements
shall be installed in the Koloff's Sunnyside Estates Subdivision No. 3.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Ponder, seconded by Councilman Daugherty and unanimously
adopted, it was
#241-62 RESOLVED that, the Council does hereby determine to take no
action at the present time on the respective recommendations dated March 15,
1962, from the Civil Service Commission regarding salary adjustments in the
Engineering Division; dated March 7, 1962, regarding salary adjustments ih
the Police Department; and also to take no action at the present time on
the request dated February 15, 1962, from the Director of Public Safety
for an additional appropriation; and the Council does hereby request that
the Mayor establish a time and place for a joint meeting between the Mayor,
the City Council and the Civil Service Commission and its staff for the
purpose of discussing the unanswered reports requested by the Council from
the Commission in resolutions #116-60, #235-60, #I.2-61(4), #434-61, #98-62,
and #99-62.
By Councilman Daugherty, seconded by Councilman McCann, it was
#2I2-62 RESOLVED that, having considered the recommendation dated March 16,
1962, from the Budget Director, approved by the Mayor, the Council does
hereby authorize the purchase of one (1) pair of portable truck scales
from the Capital Outlay Account of the Police Department Budget.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Ponder, seconded by Councilman McCann, it was
Page 5360
#213-62 RESOLVED that, having considered the report and recommendation
dated March 2, 1962, from the Director of Public Works, approved by the
Mayor, the Council does hereby accept the bid of the C. A. Finsterwald
Company and the Rayhaven Equipment Company for supplying the City with
those items of furnishings required for the Water and Sewer Building, at
the submitted prices therefor as indicated in the above report from the
Director of Public Works, such bids having been the lowest prices received
for such items.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Ponder and Bagnall.
NAYS: Daugherty.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Ponder, it was
RESOLVED that, having considered the report and recommendation
dated March 7, 1962, from the Director of Public Safety, approved by the
Mayor and Budget Director, the Council does hereby accept the unit price
bids submitted by the Robinson Furniture Company, 1120 Washington Blvd.,
Detroit 26, Michigan, for furnishings for the new Police Department build-
ing as indicated in the above report from the Director of Public Safety,
such having been the lowest bid received for these items.
By Councilman Ponder, seconded by Councilman Salvadore, it was
#21 -62 RESOLVED that, consideration of the recommendation dated March 7,
1962, from the Director of Public Safety for furnishings for the new Police
Building is hereby tabled to the next regular meeting of the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, Daugherty and Ponder.
NAYS: McCann and Bagnall.
The President declared the resolution adopted.
By Councilman Salvadore, seconded by Councilman Ponder, it was
#245-62 RESOLVED that, having considered the request dated March 5, 1962,
from the Chief City Engineer, approved by the Mayor and Director of Public
Works, the Council does hereby approve of such request and authorizes the
Engineering Division to purchase those items listed in such letter.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
Page 5361
By Councilman Ponder, seconded by Councilman McCann, it was
#246-62 RESOLVED that, having considered the report dated March 2, 1962,
from the Budget Director, approved by the Mayor, the Council does hereby
approve of the expenditure of sufficient monies from the Capital Outlay
Account of the Municipal Court Budget for two new typewriters.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Ponder, seconded by Councilman Daugherty and unanimously
adopted, it was
#2147-62 RESOLVED that, the letter dated March 19, 1962, from Deremo &
Polgar, Attorneys-at-Law, for a Class C license for Reynold P. Fracassi,
is hereby referred to the Committee of the Whole for its consideration
and action.
By Councilman Salvadore, seconded by Councilman Ponder and unanimously
adopted, it was
#2148-62 RESOLVED that, having considered the various letters received
from certain citizens of Livonia objecting to the proposed location of a
new Class C liquor license at 19162 Farmington Road by Caspare and Joseph
Maiorana, the Council does hereby take this means to inform the Michigan
Liquor Control Commission that none of the previous actions of the City
Council with regard to this matter were intended to be construed as an
approval of any specific location with respect to this Class C license,
but rather only an approval of the said applicant; and the City Council
does not believe that it is the responsibility of the local legislative
body to approve of specific locations and the suitability of the same for
the operation of Class C licenses, but it is properly and legally the
responsibility of the Michigan Liquor Control Commission to determine
the suitability of particular premises for such uses.
By Councilman Daugherty, seconded by Councilman Ponder and unanimously
adopted, it was
#219-62 RESOLVED that, the proposed amendment to Ordinance No. 12, sub-
mitted by the Department of Law, is hereby referred to the Legislative
Committee for report and recommendation.
By Councilman Ponder, seconded by Councilman Salvadore and unanimously
adopted, it was
#250-62 RESOLVED that, the letter dated March 15, 1962, from the Depart-
ment of Law, commenting on the protective wall section of the Zoning Or-
Page 5362
dinance, is hereby referred to the Legislative Committee of the Council
for its report and recommendation.
Councilman Kleinert returned at 10:20 P. M.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#251-62 RESOLVED that, the proposed amendment to Ordinance No. 51 is
hereby referred to the Water and Sewer Committee, the Department of Law,
the Chief City Engineer and the Inspection Bureau for a joint meeting and
report and recommendation to the Council.
Councilman Daugherty introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 3 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 3.315.
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of theCity Planning Commission
dated November 2, 1961, on Petition No. Z-526, having been considered 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 hereby amended by adding thereto the following
section:
Section 3.315. Petition No. Z-526 initiated by the City Planning
Commission on its own motion is hereby granted and the zoning classifica-
tion of the premises hereinafter described is hereby changed from C-2 and
RUFB to M-1-L as requested in said petition:
A parcel of land located in the North 1/2 of Section 3, T. 1 S.,
R. 9 E., City of Livonia, Wayne County, Michigan, being more
particularly described as follows:
Beginning at a point distant N. 89° 25' 30" E. 3963.92 feet from
the N. W. corner of Section 3, said point being the intersection
of the centerline of Baseline Road and Osmus Avenue and proceed-
ing thence S. 0° 34' 40" E. along the centerline of Osmus Avenue
360 feet; thence S. 89° 25' 30" W. 3183.4 feet to the centerline
of Shadyside Road; thence N. 0° 4' 30" W. along the centerline
of Shadyside Road 360 feet to the centerline of Baseline Road;
thence N. 89° 25' 30" E. along the centerline of Baseline Road
3183.4 feet to the point of beginning;
and also the zoning classification of the premises hereinafter described
is hereby changed from RUFB to RLA as requested in said petition:
Page 5363
A parcel of land located in the N. 1/2 of Section 3, T. 1 S.,
R. 9 E., City of Livonia, Wayne County, Michigan, being more
particularly described as follows: Beginning at a point
distant N. 890 25' 30" E. 3963.92 feet and S. 00 34' 40" E.
360 feet and proceeding thence S. 890 25' 30" W. 3603.4 feet;
thence due S. 450 feet; thence S. 890 25' 30" W. 360 feet to
the centerline of Farmington Road; thence due S. along the
centerline of Farmington Road 1665.0 feet; thence N. 89° 59'
E 1320.0 feet; thence S. 00 2' 30" E. 165 feet to the
cdnterline of Pembroke Avenue; said line being the East and
West quarter line of Section 3; thence N. 89° 59' E. along
the E/W quarter line of Section 3, 1650.0 feet; thence N.
00 22' 34" E. along the W. line of Spring Valley Subdivision
328.38 feet; thence N. 890 21' 40" E. along the N. line of
Spring Valley Subdivision 990.92 feet to the centerline of
Osmus Avenue; thence N. 00 34' 40" W. along the centerline
of Osmus Avenue 1951.62 feet to the point of beginning;
and the North 1/2 of Section 3 of the Zoning Map is hereby amended to
conform to the change made in this section.
Section 3. The attached map designated "Amendment No. 80 of the Zoning Map
of the City of Livonia," showing all of the anendments and changes made in the fore-
going Section 2 of this ordinance is hereby approved, established and made a part
hereof.
Section 4. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section 5. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of any of the
remaining portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Ponder introduced the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 20, 25, 30 AND 31 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE
3.00 OF THE ZONING ORDINANCE, ORDINANCE NO.60,AS AMENDED,
OF THE CITY OF LIVONIA, BY ADDING THERETO SECTIONS 3.316,
3.317, 3.318 AND 3.319.
THE CITY OF LIVONIA. ORDAINS:
Section 1. The reports and recommendations of the City Planning Commission
dated February 9, 1962, on Petitions Z-535 and Z-537 and dated February 15, 1962, on
Petitions Z-536 and Z-541 having been considered by the Council, the Council hereby
adopts said petitions to amend the Zoning Ordinance and the Zoning Map of the City of
Livonia, and all proceedings heretofore conducted on said petitions are hereby approved.
Page 5361
Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended,
Lof the City of Livonia, is hereby amended by adding thereto the following sections:
Section 3.316. Petition No. Z-535 submitted by Ben and Miriam Baskin
is hereby granted and the zoning classification of the premises hereinafter
described is hereby changed from C-2 to PS as requested in said petition:
A parcel of land being a part of the Northeast 1/4 of Section 31,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more
particularly described as: Beginning at a point in the center
line of Ann Arbor Trail (north line of Gawron Subdivision accord-
ing to the plat thereof as recorded in Liber 82 of plats, on page
100, Wayne County Records), said point being 749.58 feet easterly
of the intersection of the said center line of Ann Arbor Trail
with the north and south 1/4 line of said Section 31; said inter-
section also being the northwest corner of said Gawron Subdivision;
thence N. 0° 31' 20" W., parallel to the said north and south 1/4
line of said Section 31, 279.33 feet to a point; thence S. 700 28'
18" E. 200.99 feet to a point; thence S. 00 31' 20" E., parallel
to the said north and south 1/4 line of said Section 31, 222.68
feet to a point in the center line of said Ann Arbor Trail; thence
N. 86° 48' 20" W., along the center line of said Ann Arbor Trail,
189.21 feet to the point of beginning;
A parcel of land lying north of and ajoining the northerly line
of Ann Arbor Trail (so-called), west of Ann Arbor Road (U.S.12)
and being a part of the northeast 1/4 of Section 31, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan, being more
particularly described as follows: Beginning at the intersection
of the northwesterly line of Ann Arbor Road (U.S.12) 106.00 feet
wide, with the northerly line of Ann Arbor Trail, 66 feet wide;
thence north 77° 58' 20" West along the northerly Ann Arbor Trail,
215.78 feet to a point of angle in said road; thence North 860 48'
20" West, and continuing along the northerly line of Ann Arbor
Trail, 66.00 feet wide, 81 .22 feet to a point, said point being
the extreme southeasterly corner and the place of beginning of
the parcel herein described; thence North 86° 48' 20" West and
continuing along the Northerly line of said Ann Arbor Trail, 100.00
feet to a point; thence North 00 31' 20" West 189.61 feet to a
point; thence South 70° 28' 18" East 160.97 feet to a point;
thence South 19° 31' 42" West 150.00 feet to the place of beginning;
A parcel of land lying Westerly of and adjoining the westerly line
of Ann Arbor Road (U.S.12) northerly of and adjoining the northerly
line of Ann Arbor Trail (so-called) being a part of the Northeast
1/4 of Section 31, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan, being more particularly described as follows:
Beginning at the intersection of the northwesterly line of Ann Arbor
Road (U.S.12) 106 feet wide, with the northerly line of Ann Arbor
Trail, 66 feet wide; thence North 77 degrees 58 minutes 20 seconds
west, along the northerly line of Ann Arbor Trail, 215.78 feet to
a point of angle in said road; thence North 86 degrees 48 minutes
20 seconds West, and continuing along the northerly line of Ann
Arbor Trail (66 feet wide), 84.22 feet to a point; thence North
Page 5365
19 degrees 31 minutes 42 seconds East 150.00 feet to a point; thence
South 70 degrees 28 minutes 18 seconds East 356.55 feet to a point
on the northnesterly line of Ann Arbor Road (U.S.12); thence South
51 degrees 43 minutes 40 seconds West, along the northwesterly line
of Ann Arbor Road (U.S.12), 115.98 feet to the place of beginning;
and the Northeast 1/4 of Section 31 of the Zoning Map is hereby amended to
conform to the change made in this section.
Section 3.317. Petition No. Z-536 submitted by John Uznis is hereby
granted and the zoning classification of the premises hereinafter described
is hereby changed from R-1-A to PS as requested in said petition:
Part of the Northeast 1/4 of Section 20, Town 1 South, Range 9 East,
City of Livonia, Wayne County, Michigan, being described as: The
northerly 568.1feet of a parcel beginning at a point on the north
and south 1/4 line of Section 20, said point being S. 00 09' 25" E.,
750.0 feet from the north 1/4 corner of Section 20; thence South 890
54' 27" E., 330.0 feet;thence South 00 09' 25 " E., 568.14 feet;
thence North 89° 57' 54" W., 7.12 feet; thence South 00 00' 24" W.,
369.07 feet; thence North 89° 59' 36" W., 321.83 feet; thence along
the north and south 1/4 line of Section 20, North 00 09' 25" W.,
937.70 feet to the point of beginning;
and the Northeast 1/4 of Section 20 of the Zoning Map is hereby amended to
conform to the change made in this section.
Section 3.318. Petition No. Z-537, as amended, submitted by Jack
Liwazer, Holtzman & Silverman, is hereby granted and the zoning classifica-
tion of the premises hereinafter described is hereby changed from M-2 to C-2
as requested in said amended petition:
A parcel of land located in the Northeast 1/4 of Section 25, Town 1
South, Range 9 East, City of Livonia, Wayne County, Michigan, more
particularly described as: Beginning at a point on the North line
of Section 25, distant North 890 51 ' 30" West 422.25 feet from the
Northeast corner of Section 25 and proceeding thence South 00 20'
14" East 420 feet; thence North 890 51' 30" West 40 feet;thence
North 00 20' 14" West 420 feet to the north line of Section 25,
thence South 890 51' 30" East along said north line 40 feet to the
point of beginning, excepting the north part thereof taken for the
opening of Schoolcraft Road;
and the Northeast 1/4 of Section 25 of the Zoning Map is hereby amended to
conform to the change made in this section.
Section 3.319. Petition No. Z-5111 submitted by D. Newman, is hereby
granted and the zoning classification of the premises hereinafter described
is hereby changed from RUFB to C-2 as requested in said petition:
Lots 547 and 548 of Supervisor's Livonia Plat No. 9 of part of
the Southeast 1/4 of Section 30, Towi 1 South, Range 9 East,
City of Livonia, Wayne County, Michigan;
Page 5366
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. 81 of the Zoning Map
of the City of Livonia," showing all of the amendments and changes made in the fore-
going Section 2 of this ordinance is hereby approved, established and made a part
hereof.
Section L . 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 at the
next regular meeting of the Council.
Councilman Ponder introduced the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND
Imo THE CITY OF LIVONIA OUDAINS:
Section 1. The report and recommendation of the City Planning Commission,
dated September 28, 1961, on Petition No. V-60, for vacating a certain alley is hereby
accepted and adopted, and the Council does hereby approve all proceedings on said
petition, it appearing that a public hearing thereon was duly held on September 19,
1961, as provided by law and that the procer notices of such hearing were given.
Section 2. Pursuant to Ordinance No. 29 of the City of Livonia entitled,
"An Ordinance Providing the Procedure for Vacating of Streets, Alleys and Public
Ground," as amended by Ordinance No. 50$ the following alley is hereby vacated:
The alley described in Petition No. V-60, being more
particularly described as the alley 20 feet in width
running east and west between Stamford and Myron Avenues,
and adjoing Lots 1 through 13, inclusive, on the north
and adjoining Lots 481 and 380 on the south of Seven
Mile Super Highway Subdivision, situated in the Northeast
1/4 of Section 9, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan; provided, however, that
there be and hereby is reserved an easement for public
utilities the full width of the alley herein vacated.
lawSection 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.
Page 5367
Section 4. Should any portion of this ordinance be held invalid for any
reason, such holding 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.
Councilman Ponder introduced the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND
THE CITY OF LIVONIA ORDAINS:
Section 1. The reports and recommendations of the City Planning Commission,
dated January 9, 1962, on Petitions No. V-61 and No. V-63 for vacating a certain alley
are hereby accepted and adopted, and the Council does hereby approve all proceedings on
said petitions, it appearing that public hearings thereon were duly held on October 17,
1961 and December 12, 1961, as provided by law and that the proper notices of such
hearings were given.
Section 2. Pursuant to Ordinance No. 29 of the City of Livonia entitled,
"An Ordinance Providing the Procedure for Vacating of Streets, Alleys and Public
Ground," as amended by Ordinance No. 50„ the following alley is hereby vacated:
The alley described in Petitions No. V-61 and No.V-63
and being more particularly described as the alley 20
feet in width running east and west between Shadyside
and Westmore Avenues, and adjoining Lots 157 through 170,
inclusive, on the south and adjoining Lots 156 and 171
on the north of Westmore Subdivision, situated in the
Southwest 1/4 of Section 3, Town 1 South, Range 9 East,
City of Livonia, Wayne County, Michigan; provided, howe ver,
that there be and hereby is reserved an easement for public
utilities the full width of the alley herein vacated.
Section 3. All ordinances or portions of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section 4. Should any portion of this ordinance be held invalid for any
reason, such holding 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.
Councilman Ponder introduced the following Ordinance:
Page 5368
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission,
dated December 21, 1961, on Petition No. V-62 for vacating a certain street is hereby
accepted and adopted, and the Council does hereby approve all proceedings on said
petition, it appearing that a public hearing thereon was duly held on NoveMber 28,
1961, as provided by law and that the proper notices of such hearing were given.
Section 2. Pursuant to Ordinance No. 29 of theCity of Livonia entitled,
"An Ordinance Providing the Procedure for Vacating of Streets, Alleys and Public
Ground," as emended by Ordinance No. 50, the following street is hereby vacated:
That certain street described in Petition No. V-62
being more particularly described aS the 86 foot wide
street known as Alois Avenue, running north and south
between Schoolcraft Road and the Chesapeake and Ohio
Railroad right-of-way, and adjoining Lot 6 on the west
and adjoining Lot 7 on the east of Schoolcraft Manor
Subdivision, situated in the North 1/2 of Section 30,
Town 1 South, Range 9 East, City of Livonia, Wayne
County,Michigan; provided, however, that there be and
hereby is reserved an easement 12 feet in width for
public utilities, andextending 6 feet on each side
of the center line of the portion of Alois Avenue
herein vacated.
Section 3. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section 4. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of the ramain-
ing portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
The report of the Municipal Court for the month of February, 1962, was
received and placed on file.
By Councilman Salvadore, seconded by Councilman McCann and unanimously
adopted, it was
#252-62 RESOLVED that, the Council, having considered the communication
dated March 12, 1962, from Sheldon M. Futernick, petitioner in Petition
No. V-411 does hereby acknowledge that he has withdrawn such petition.
Page 5369
By Councilman Salvadore, seconded by Councilman Ponder and unanimously
adopted, it was
#253-62 RESOLVED that, the communication from Mr. D. E. Olson, 16167
South Hampton, to the Council President, dated March 20, 1962, is hereby
referred to the Director of Public Works and Bureau of Inspection with
the request that the builder referred to in such letter be contacted and
that such officials do whatever is necessary to see that the situation
referred to in such letter is rectified, and report to the Council.
On motion of Councilman Salvadore, seconded by Councilman Ponder and
unanimously adopted, this 359th regular meeting of the Council of the City of Livonia
was duly adjourned at 10:30 P. M., March 26, 1962.
Mar ^. Clark, City Clerk