HomeMy WebLinkAboutCOUNCIL MINUTES 1963-04-10 Page 5985
MINUTES OF THE FOUR HUNDRED FOURTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On April 10, 1963, the above meeting was held at the City Hall, 33001 Five
Mile Road, Livonia, Michigan, and was called to order by the President of the Council
at approximately 8:31 P. M. Councilman Kleinert delivered the invocation. Roll was
called with the following result: Present-- Sydney B. Bagnell, John T. Daugherty,
William E. Parks, Rudolf R. Kleinert, John F. Dooley, Edward H. McNamara and James
R. McCann. Absent-- None.
Elected and appointed City officials presents Juanita Hillas, Deputy City
Clark; Robert A. Shaw, Director of Public Works; Addison Bacon, Director of Public
Safety; Thomas Griffiths, Jr., Chief Accountant; Victor C. Phillips, Budget Director;
Alan Walt, City Attorney; Charles J. Pinto, first Assistant City Attorney; William
J. Strasser, Chief City Engineer; and David R. McCullough, City Planner.
By Councilman Dooley, seconded by Councilman McNamara and unanimously
adopted, it was
#217-63 RESOLVED that, the minutes of the 103rd regular meeting of the
Council of the City of ivonia held on April 3, 1963, are hereby approved.
By Councilmai McNamara, seconded by Councilman Kleinert, it was
#248-63 RESOLVED that, having considered the communication dated April 5,
1963, from the Budget Director, and for the purpose of providing for the
purchase of a Revo File, the Council does hereby transfer the sum of $98.00
from the Unallocated Account to the Capital Outlay Account (No. 152-70) of
the General Fund Budget.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara, McCann, Parks and Bagnall.
NAYS: Daugherty.
The President declared the resolution adopted.
By Councilman McNamara, seconded by Councilman Daugherty and unanimously
adopted, it was
#249-63 RESOLVED that, the letter dated April 10, 1963, fromthe Mayor
regarding sanitary sewer on Six Mile Road, is hereby tabled to the next
regular meeting of the Council.
Page 5986
An Ordinance Amending Section 24 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 3.346, introduced on April 3, 1963,
by Councilman Kleinert, was taken from the table and a roll call vote conducted
thereon with the following results
AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become ef-
fective on publication.
An Ordinance Amending Section 25 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 3.347, introduced on April 3, 1963,
by Councilman Dooley, was taken from the table and a roll call vote conducted
thereon with the following result:
AYES: K]einert,Dooley, McNamara, McCann, Daugherty, Parks and Bagnall.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become ef-
fective on publication.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#250-63 RESOLVED that, having considered the request dated January 18,
1963, from the Michigan Liquor Control Commission, the Council does hereby
take this means to inform the Michigan Liquor Control Commission with
reference to an application made by Alfred L. Rogala for a new full year
Class C license to be held at 39305 Plymouth Road, Livonia, Michigan, that
the property located at the aforesaid address is presently zoned C-2 and
may be used under existing zoning ordinances for any commercial use in-
cluding the operation of a Class C licensed business, and the City Clerk
is hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission.
By Councilman Kleinert, seconded by Councilman Parks, it was
#251-63 RESOLVED that, having considered the 'sport and recommendation
dated March 20, 1963, from the City Planning Commission in connection with
Page 5987
Petition Not Z-580, submitted by A. J. Erwin, Shell Oil Company, for Lola
L. O'Connor, for change of zoning in the Northeast 1/4 of Section 13 from
C-1 to C-2, the Council does hereby concur with the recommendation of the
City Planning Commission and the said Petition No. Z-580 is hereby granted;
and the City Planner is instructed to cause the necessary map for publica-
tion 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.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, Parks and Bagnall.
NAYS: McNamara, McCann and Daugherty.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman McNamara and unanimously
adopted, it was
#252-63 RESOLVED that, the petition from certain residents, dated
April 5, 1963, asking for consideration of an additional north-south
road between Plymouth and Eight Mile Roads, is hereby referred to the
next regular meeting of the Council.
By Councilman Daugherty, seconded by Councilman Dooley and unanimously
adopted, it was
#253-63 RESOLVED that, having considered the letter dated March 29, 1963
from the Director of Public Safety regarding the revisions and amendments
to Ordinance No. 358 (Weights and Measures), the Council does hereby refer
the same to the Department of Law for the preparation of an amendment
consistent with that recommendation.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#254-63 RESOLVED that, having considered the canmuni cation dated April 3,
1963, from Mr. Charles G. Brown, in which he indicates a certain misunder-
standing in connection with property conveyed by him to the City in 1953,
the Council does hereby refer the same to the Department of Law for a
report and recommendation in connection therewith.
By Councilman Parks, seconded by Councilman McNamara and unanimously
adopted, it was
#255-63 RESOLVED that, having considered the request dated March 1, 1963
from the Michigan Liquor Control Commission, and the recommendation dated
April 5, 1963, from the Director of Public Safety in connection therewith,
Page 5988
the Council does hereby approve of a request from Patricia Ann Morrow for
Earl S. Bowser being dropped as partner with her on 1962 Class C license
held at 33653 Five Mile Road, Livonia, Michigan, and the City Clerk is
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission.
Councilman McCann introduced the following emergency Ordinance:
No. 431
AN ORDINANCE AMENDING ARTICLE IV, BY ADDING THERETO SECTION 4.05,
OF ORDINANCE NO.51, OF THE CITY OF LIVONIA ENTITLE) "AN ORDINANCE
REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION,
REPAIR, MOVING, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, HEIGHT
AREA, LOCATION AND MAINTENANCE OF ALL BUILDINGS AND STRUCTURES IN
THE CITY OF LIVONIA; AND PROVIDING FCR ISSUANCE OF PERMITS,COLLECTION
OF FEES, MAKING OF RULES AND ESTABLISHMENT OF FIRE LIMITS; PROVIDING
FOR THE REPEAL OF PRIOR ORDINANCES; AND PROVIDING PENALTIES FOR
VIOLATION HEREOF.
THE CITY OF LIVONIA ORDAINS:
Section 1. Article IV of Ordinance No. 51 of the City of Livonia entitled
"Building Code of the City of Livonia," is hereby amended so as to add thereto
Section 4.05,, which shall read as follows:
Section 4.05. Fences.
(a) All fences to be constructed or reconstructed on or within ten (10)
feet of any residential property lot lines, shall be set in the soil at
least three (3) feet and shall not exceed a height of five (5) feet above
the average grade of the adjacent lots and/or property; provided, however,
that no fence shall be erected in any front yard of any residential lot or
parcel nor beyond the front building line of any residence; and provided
further that the aforesaid height limitation may be exceeded where the
owners of adjoining parcels of land mutually agree in writing as between
one another with respect to the height of such fence. Where the owners of
adjoining properties or parcels either of which is zoned for residential
purposes cannot agree as to the materials to be used therein, the building
official shall have the authority to determine the kind of materials.
(b) No person, firm or corporation or their lessee or agent shall
construct or maintain a barbed wire fence within ten (10) feet of any
property zoned for residential purposes nor within ten (10) feet of any
street, avenue, alley, lane or public highway, or in or along any street,
or in front of any public space or place, nor nail or cause barbed wire
to be fastened in any form, shape or manner upon any partition fences which
divide residential properties from other properties when such fences are
located on property lines or within ten (10) feet of property lines.
Nothing in this ordinance shall prevent barbed wire fences between
properties where the property on each side of such fence is zoned for
purposes not residential in character. The provisions of this ordinance
shall in no way affect those provisions of the ordinances of the City of
Livonia requiring the erection of protective walls.
Page 5989
Section 2. All ordinances and parts of ordinances are hereby repealed to
the extent that they are in conflict herewith and to the extent necessary to give
this ordinance full force and effect. The adoption of this ordinance, however,
shall not affect or prevent any pending or future prosecution of, or action to abate,
any existing provision of the ordinances herein repealed, if the same is a violation
of the provisions of this ordinance.
Section 3. Should any portion of this ordinance be held invalid for any
reason, such holding should not be construed as affecting the validity of the re-
maining portions of this ordinance.
Section 4. This ordinance is hereby declared to be an emergency ordinance
necessary for the protection of the public health, safety and welfare and shall take
effect immediately on publication.
The following resolution was offered by Councilman Daugherty, seconded by
Councilman Dooley:
#256-63 WHEREAS, City of Livonia (herein called the "Applicant"), after
thorough consideration of the various aspects of the problem and study of
available data has hereby determined that the construction of certain
public works, generally described as Sanitary Sewer Trunk
1. Sewer to commence at Six Mile and Inkster Roads and proceed
west in Six Mile Road to Farmington Road. (Alternate route - to
be installed in flood plain at Bell Creek)
2. Line to extend north from Six Mile to Seven Mile Road.
is desirable and in the public interest and to that end it is necessary
that action preliminary to the construction of said works be taken im-
mediately; and
WHEREAS, under the terms of Public Law 560, 83rd Congress, as
amended, the United States of America has authorized the making of ad-
vances to public bodies to aid in financing the cost of engineering and
architectural surveys, desighs, plane, working drawings, specifications
or other action preliminary to and in preparation for the construction
of public works; and
WHEREAS, the applicant has examined and duly considered such
act and the applicant considers it to be in the public interest and to
its benefit to file an application under said act and to authorize other
action in connection therewith;
NOW, FORE, BE IT RESOLVED BY the City Council, the govern-
ing body of said applicant, as follows:
1. That the cons truction of said public works is essential to and
is to the best interests of the applicant, and to the end that such
public works may be provided as promptly as practicable it is
desirable that action preliminary to the construction thereof be
undertaken immediately;
2. That William J. Strasser, Chief City Engineer, 13325 Farmington
Road, Livonia, Michigan, be hereby authorized to file in behalf of
Page 5990
the applicant an application (in form required by the United States
and in conformity with said act) for an advance to be made by the
United States to the applicant to aid in defraying the cost of plan
preparation for the above described public works, which shall consist
generally of Sanitary Trunk Sewer
1, Sewer to commence at Six Mile and Inkster Roads and proceed
west in Six Mile Road to Farmington Road. (Alternate route - to
be installed in flood plain at Bell Creek)
2. Line to extend north from Six Mile to Seven Mile Road.
3. That if such advance be made, the applicant shall provide or make
necessary arrangements to provide such funds, in addition to the
advance, as may be required to defray the cost of the plan prepara-
tion of such public works;
!i. That said William J. Strasser is hereby authorized to furnish such
information and take such action as may be necessary to enable the
applicant to qualify for the advance;
5. That the officer designated in the preceding paragraph is hereby
designated as the authorized representative of the applicant for the
purposes of furnishing to the United States such information, data,
and documents pertaining to the application for an advance as may
be required; and otherwise to act as the authorized representative
of the applicant in connection with this application.
6. That certified copies of this resolution be included as part of
the application for an advance to be submitted to the United States.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall.
NAYS: None.
The President declared the resolution adopted.
The following resolution was offered by Councilman Daugherty and seconded
by Councilman McNamara:
#257-63 WHEREAS, City of Livonia (herein called the "Applicant") after
thorough consideration of the various aspects of the problem and study of
available data has hereby determined that the construction of certain
public works, generally described as Newburgh Road - Sanitary Trunk Sewer
1. Newburgh Road Trunk Sewer from Chesapeake & Ohio Railroad south
to Newburgh Lake.
2. Plymouth Road trunk from Raleigh Avenue west to Eckles Road.
3. Lateral sewers in Amrhein, Grantland, Alois and Jarvis Avenues.
is desirable and in the public interest and to that end it is necessary
that action preliminary to the construction of said works be taken im-
mediately; and
WHEREAS, under the terms of Public Law 560, 83rd Congress, as
amended, the United States of America has authorized the making of
Page 5991
advances to public bodies to aid in financing the cost of engineering and
L architectural surveys, designs, plans, working drawings, specifications
or other action preliminary to and in preparation for the construction of
public works; and
WHEREAS, the applicant has examined and duly considered such
act and the applicant considers it to be in the public interest and to
its benefit to file an application under said act and to authorize other
action in connection therewith;
NOW, THEREFORE, BE IT RESOLVED SY the City Council, the governing
body of said applicant as follows:
1. That the construction of said public works is eesential to and is
to the best interests of the applicant, and to the end that such
public works may be provided as promptly as practicable it is desirable
that action preliminary to the construction thereof be undertaken
immediately;
2. That William J. Strasser, Chief City Engineer, 13325 Farmington
Roads Livonia, Michigan, be hereby authorized to file in b ehalf of
the applicant an application (in form required by the United States
and in conformity with said act) for an advance to be made by the
United States to the applicant to aid in defraying the coat of plan
preparation for the above described public works, which shall consist
L generally of Newburgh Road - Sanitary Sewer Trunk
1. Newburgh Road Trunk sewer from Chesapeake & Ohio Railroad
south to Newburgh Lake.
2. Plymouth Road trunk from Raleigh Avenue west to Eckles Road.
3. Lateral sewers in Amrhein, Grantland, Alois and Jarvis Avenues.
3. That if such advance be made, the applicant shall provide or make
necessary arrangements to provide such funds, in addition to the advance,
as may be required to defray the cost of the plan preparation of such
public works;
4. That said William J. Strasser is hereby authorized to furnish such
information and take such action as may be necessary to enable the
applicant to qualify for the advance;
5. That the officer designated in the preceding paragraph is hereby
designated as the authorized representative of the applicant for the
purpose of furnishing to the United States such information, data,
and documents pertaining to the application for an advance as may be
required; and otherwise to act as the authorized representative of
the applicant in connection with this application.
6. That certified copies of this resolution be included as part of the
application for an advance to be submitted to the United States.
LA roll call vote was taken on the foregoing resolution with the following results
AYES: Kleinert,, Dooley, McNamara, McCann, Daugherty, t'arks and Bagnall.
NAYS: None.
The President declared the resolution adopt ed.
Page 5992
A roll call vote was conducted on the emergency Ordinance, No. 431, introduced by
Councilman McCann, with the following result:
AYES: Kleinert, Dooley, McNamara, McCann, Daugherty, Parks and Bagnall.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
On motion of Councilman Dooley, seconded by Councilman McCann and
unanimously adopted, this 404th regular meeting of the Council of the City of
Livonia was duly adjourned at 9:34 P. M., April 10, 1963.
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