HomeMy WebLinkAboutCOUNCIL MINUTES 1961-05-08 Page 4791
MINUTES OF THE THREE HUNDRED THIRTY-FOURTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On May 8,1961, 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 Daugherty delivered the invocation. Roll was called with the
following result: Present-- Sydney B. Bagnall, John T. Daugherty, William N. Ponder,
Austin T. Grant, Jack Salvadore and James H. McCann. Absent-- Rudolf R. Kleinert.
By Councilman Grant, seconded by Councilman Ponder and unanimously
adopted, it was
#286-61 RESOLVED that, the minutes of the 333rd regular meeting of the
Council of the City of Livonia held April 24, 1961, are hereby approved.
The letter dated May 3, 1961, from the Mayor, regarding the County Sanitary
Sewer Project, was received and placed on file.
By Councilman Salvadore, seconded by Councilman McCann and unanimously
adopted, it was
#287-61 RESOLVED that, having considered the request from the Election
Commission, dated May 1, 1961, the Council does hereby refer the same to
the Finance Committee for its report and recommendation thereon.
By Councilman Salvadore, seconded by Councilman Ponder and unanimously
adopted, it was
#288-61 RESOLVED that, having considered the request from the Deputy City
Clerk, dated April 26, 1961, the Council does hereby refer the same to its
Finance Committee for a recommendation thereon at some time between June 15
and July 15 next.
By Councilman Ponder, seconded by Councilman Daugherty, it was
#289-61 RESOLVE) that, the matter of Harrison Avenue, north of Joy Road,
be tabled to the next study meeting of the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Grant, Salvadore, McCann and Daugherty.
[owNAYS: Bagnall.
The President declared the resolution adopted.
Page 4792
By Councilman Daugherty, seconded by Councilman Grant, it was
#290.61 RESOLVED that, having considered the report from the Department
of Law, dated April 19, 1961, regarding the purchase of Parcel 22P situated
in the Northwest 1/4 of Section 22 (approximately 1.13 acres), the Council
does hereby authorize and approve of the purchase of such property for the
sum of $4,000.00 and, for that purpose, does hereby authorize the expendi-
ture of such sum from monies previously designated and allocated for use
in conne ction with the construction of the new police building; and the
City Clerk, City Treasurer and City Attorney are hereby authorized to do
all things necessary or incidental to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Ponder, Grant, Salvadore, McCann, Daugherty and Bagnall.
NAYS: None.
By Councilman Ponder, seconded by Councilman Salvadore, it was
#291-61 RESOLVED that, having considered the request from the City Attorney,
dated April 24, 1961, in regard to the proceedings of the Board of Tax
Review, the Council does hereby transfer the sum of $3,050.00 from the
Working Capital Account of the Capital Improvement Program to City Assessor's
Contractual Services Account to cover the balance of the expenses incurred
from employing a court stenographer to record such proceedings and to also
cover the cost of the payments to the Real Estate Committee working with
such Board.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Grant, Salvadore, McCann and Daugherty.
NAYS: Bagnall.
The President declared the resolution adopted.
By Councilman Grant, seconded by Councilman Salvadore and unanimously
adopted, it was
#292-61 RESOLVED that, the letter dated April 25, 1961, from the office
of the Wayne County Drain Commissioner, in regard to the contemplated im-
provement of the Bakewell Drain, East from Newburgh Road, is hereby re-
ferred to the Water and Sewer Committee of the Council for its report and
recommendation in regard thereto.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#293-61 RESOLVED that
WBEREAS pursuant to the direction of the Council by resolution
#269-61, adopted on April 24, 1961, the City Assessor of the City of
Page 4793
Livonia has prepared and reported to the Council the assessment roll, dated
May 1, 1961, covering and containing the special assessments assessed and
levied respedtively in the proposed special assessment district as hereto-
fore established for the construction of proposed paving on Fairfield
Avenue between Plymouth Road and vest Chicago Road in Section 34, as
designated in said resolution heretofore adopted by the Council;
THEREFORE, BE IT RESOLVED that, the said roll be accepted by the
City Council and that it be filed in the office of the City Clerk for public
examination and that the City Clerk be and hereby is directed to give notice
pursuant to the provisions of Ordinance No. 31 of the City, as amended, that
the assessment roll has been made and filed in the office of the City Clerk
for public examination, and that the City Council of the City of Livonia
will meet in the City Hall, 33001 Five Mile Road, Livonia, Michigan at 9:00
o'clock P. M., on Wednesday, May 31, 1961, to review the said special assess-
ment roll, at which time and place opportunity will be given to all persons
interested to be heard;
IT IS FURTHER RESOLVED that, the City Clerk give notice if said
hearing by causing a copy of this resolution to be published once in a
newspaper published and circulated in said City at least ten (10) days
prior to the date of May 31, 1961, and that the City Clerk also give notice
of said hearing by sending written notice thereof to each property owner
subject to special assessment by reason of said improvement, the addresses
of said property owners to be taken from the latest tax assessment roll in
the City Assessor's office.
By Councilman Grant, seconded by Councilman Daugherty and unanimously
adopted, it was
#294-61 RESOLVED that, having considered the request from the St. Maurice
Parish, dated March 2, 1961, to reconstruct a certain storm sewer, which
request was referred to the Engineering Division by Council resolution
#174-61, and having considered the report of the Chief City Engineer, dated
April. 17, 1961, approved by the Director of Public Works and Mayor, wherein
it is reported that the St. Maurice Parish will withdraw its request first
referred to above, the Council does hereby determine to take no further
action on this matter at this time in accordance with the aforementioned
report unless and until a further request is received from the St.Maurice
Parish.
By Councilman Salvadore, seconded by Councilman McCann and unanimously
adopted, it was
#295-61 RESOLVED that, there is hereby referred to the Streets, Roads
and Plats Committee of the Council for its recommendation, the report of
the Chief City Iigineer, dated April 14, 1961, approved by the Director of
Public works and Mayor, in regard to the construction of a sidewalk to
service the Grandview Elementary School, which report was requested in
resolution #175-61
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
Page 4794
#296-61 RESOLVED that, in connection with the petition dated April 21,
1960, from certain residents on Floral Avenue for the improvement of that
street between Jcy Road and the Cleveland Elementary School, the Council
does hereby request that the City Clerk notify each of the property owners
listed in the Engineer 's report, dated March 6, 1961, that this matter will
be considered by the Council at the first study session in June, 1961.
By Councilman Salvadore, seconded by Councilman Daugherty, it was
RESOLVED that, having received a letter from Gordon-Begin Real
Estate, Inc., dated April 26, 1961, amending Petition No. Z-499 so as to
eliminate a portion of the property described therein, the City Council
does hereby refer such amendment to the City Planning Commission with the
request that it consider the said petition as amended and thereafter file
its recommendation in regard thereto with the City Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann and Daugherty.
NAYS: Ponder, Grant and Bagnall.
The President declared the resolution denied.
By Councilman Ponder, seconded by Councilman Grant, it was
#297-61 RESOLVED that, having considered the communication from Gordon-
Begin Real Estate, Inc., dated April 26, 1961, amending Petition Z-1i99 so
as to eliminate certain property described therein, the Council does hereby
rescind its resolution #267-61 adopted on April 24, 1961, for the purpose
of considering at the next regular meeting in June, 1961, the said petition
as amended, and that all people who have appeared in objection to said
petition be personally notified of said date by the City Clerk.
A roll call vote was taken on the foregoing resolution with the following result;
AYES: Ponder, Grant, McCann, Daugherty and Bagnall.
NAYS: Sal vadore.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Grant and unanimously
adopted, it was
#298-61 RESOLVED that, having considered the letter dated April 28, 1961,
from Charest & Clancy, Attorneys-at-Law, regarding Petition No. Z-390, the
Council does hereby refer such letter to the City Planning Commission for
its consideration with the suggestion that another public hearing be held on
this matter before any new recommendation is made in connection therewith.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
Page 4795
#299-61 RESOLVED that, having considered the request from the American
Legion, dated May 1, 1961, the Council does hereby grant its permission
for that organization to conduct a parade on Plymouth Road on Memorial
Day, May 30, 1961; and the Police Department is hereby requested to take
notice of this contemplated activity and to make adequate provision to
insure that no traffic hazards are created by the same.
By Councilman Grant, seconded by Councilman Salvadore, it was
#300-61 RESOLVED that, having considered the request from the American
Legion, dated April 25, 1961, the Council does hereby authorize the ex-
penditure of the sum of $100.00 from the Public Relations Account of the
Council Budget as its contribution toward partially defraying the cost of
a parade to be staged by the above organization on Memorial Day in the
City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Grant, Salvadore, McCann, Daugherty and Bagnall.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Ponder, it was
#301-61 RESOLVED that, it shall hereafter be the policy of this Council
to reject any requests from private organizations for contributions from
the public funds of the City; notwithstanding the fact that the particular
organization is non-profit or organized for charitable and/or other worthy
purposes.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Salvadore, McCann, Daugherty and Bagnall.
NAYS: Grant.
The President declared the resolution adopted.
The letter dated April 20, 1961, from Leslie H. Folsom, Vice-President
Livonia PTA Council, was received and placed on file.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#302-61 RESOLVED that, having considered the report and recommendation
of the City Planning Commission, dated April 28, 1961, in regard to
Petition No. Z-491 submitted by Mike Sinacola, et al, for change of zoning
in the Northwest 1/4 of Section 12 from C-2 and R-1-B to R-3-A and/or PS,
the Council does hereby refer the same to the Department of Law for an
opinion with respect to the possibility of the City imposing restrictions
upon those imposed by the R-3 District Regulations and also with regard
to existing FHA requirements and restrictions in connection with loans
for housing for the aged.
Page 4796
By Councilman Ponder, seconded by Councilman Grant, it was
L #303-61 RESOLVED that, having considered the report and recommendation
of the Budget Director, dated April 26, 1961, the Council does hereby
accept the bid of Bill Brown Sales, Inc., 32222 Plymouth Road, in the
amount of $1,691.65 for supplying the City of Livonia with one new 1961
Panel Truck, such having been the lowest bid received for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Grant, Salvadore, McCann, Daugherty and Bagnall.
NAYS: None.
By Councilman Grant, seconded by Councilman Salvadore, it was
#304-61 RESOLVED that, having considered the report and recommendation
of the Superintendent of Operations Division, dated April 13, 1961, ap-
proved by the Director of Public Works and Mayor, the Council does hereby
accept the bid of Edw. C. Levy Co., 8800 Dix Road, Detroit 9, Michigan,
for supplying slag to the City of Livonia at the following prices:
Size Delivered Spread
25A 3.72 per ton 3.72 per ton
31D 3.72 per ton 3.72 per ton
9A
21A 3.05 per ton
3.05 per ton 3.05 per ton
3.05 per ton 3.05 per ton
4A
3.05 per ton
such having been the lowest and only bid received for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Grant, Salvadore, McCann and Bagnall.
NAYS: Daugherty.
The President declared the resolution adopted.
By Councilman Grant, seconded by Councilman Ponder, it was
#305-61 RESOLVED that, having considered the report and recommendation
of the Superintendent of Operations Division, dated April 13, 1961, ap-
proved by the Director of Public Works and Mayor, the Council does hereby
accept the bid of Bill Brown Sales, Inc., 32222 Plymouth Road, Livonia,
for supplying the City of Livonia with one 1961 Stake Body Truck at the
submitted bid price of $4,330.14, such having been the lowest bid received
for this item.
im. A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Grant, Salvadore, McCann, Daugherty and Bagnall.
NAYS: None.
Page 4797
By Councilman Daugherty, seconded by Councilman McCann and unanimously
LIPadopted, it was
#306-61 RESOLVED that, having considered the recommendation of the Civil
Service Commission, dated April 26, 1961, in regard to a rate adjustment
for the classification of Budget Director, the Council does hereby refer
the same to its Finance Committee for a report and recommendation thereon
between June 15 and July 15 next.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#307-61 RESOLVED that, the recommendation of the Civil Service Commission,
dated April 27, 1961, regarding the establishment of the classification of
Vehicle License Examiner, is hereby referred to the Finance Committee for
its report and a recommendation in regard thereto to be made some time
between June 15 and July 15 next.
At 9:29 P. M., a recess was called, after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting.
By Councilman Grant, seconded by Councilman Salvadore, it was
Lam #308-61 RESOLVED that, pursuant to the verbal report and recommendation
of the Water and Sewer Committee, and having considered the proposed Rouge
Valley Sewage Disposal System Contract, the Council does hereby request the
Board of Public Wbrks, Cbunty of Wayne, to revise the said Contract so as
to provide that the City of Livonia may use the Rouge Valley System to the
specific maximum total rate of flow of 70 c.f.s., including present exist-
ing credited flow of 19.6 c.f.s., in lieu of the existing proposed rate of
86.6 c.f.s., and in this connection, the City Council does also request
that the Board revise the said Contract so as to alter accordingly the
financial obligation to be undertaken by the City and in such other respects
as may be nedessitated as a result of the aforementioned changes; and pro-
vided further, that after such changes, the Board is requested to submit
such revised Contract to this body for its approval, it being the present
intention of the City Council to approve of such Contract if the same is
revised as indicated above, the financial obligation of the City under such
Contract to be defrayed by the establishment of an additional sewer con-
nection charge to all new buildings constructed in the City of Livonia.
The President relinquished the chair to the Vice President at 10:00 P. 144,
to speak on the motion, and resumed the chair at 10:25 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Grant, Salvadore, McCann and Bagnall.
NAYS: Daugherty.
The President declared the resolution adopted.
Page 14798
The President relinquished the chair to the Vice President at 10:30 P. M.
By Councilman Bagnall, seconded by Councilman McCann, it was
#309-61 RESOLVED that, the Engineering Division of the Department of Public
Works be requested to install an adequate metering system to measure the
c.f.s. flow presently being used by the City of Livonia in the existing
Middle Rouge Interceptor and in the event that a contract with the Board
of Public Works of the County of Wayne for additional capacity is con-
summated, that such metering system shall be enlarged to include the new
facilities.
A roll call vote was taken on the foregoing resolution with the following results
AYES: McCann, Bagnall, Daugherty and Salvadore.
NAYS: Ponder and Grant.
The President declared the resolution adopted.
The President resumed the chair at 10:43 P. M.
Councilman Daugherty offered the following resolution, which was lost for
lack of support:
RESOLVED that, the Department of Law is hereby- instructed to prepare for
ballot form, the question of a contract relative to the Rouge Valley Sewage Disposal
two System between the City of Livonia and the Wayne County Board of Public Works, for
submission for an advisory vote to be conducted concurrent with the election of
September 12, 1961.
By Councilman Grant, seconded by Councilman McCann, it was
RESOLVED that, having considered the request from the Superin-
tendent of Parks & Recreation, dated March 13, 1961, approved by the Mayor
and Budget Director, the Council does hereby transfer the sum of $5,960.00
from Parks Division Debt Service Account to the following accounts:
$5,630 to Recreation Division Personal Services Account to cover the cost
of umpire fees, two play leaders and four assistant play leaders; and
$330.00 to Recreation Division Supplies to cover the cost of twenty dozen
baseball bats.
By Councilman Salvadore, seconded by Councilman Ponder, it was
#310-61 RESOLVED that, the foregoing resolution be amended as follows:
RESOLVED that, having considered the request from the Superintendent of
Parks & Recreation, dated March 13, 1961, approved by the Mayor and Budget
Director, the Council does hereby transfer the sum of $3,355.00 from Parks
Division Debt Service Account as follows:
Umpires, Class F (Little League) $3,025.00
Twenty (20) Dozen baseball bats 330.00
and the request of the Parks & Recreation Department for an additional sum
of $~2,605.00 for playground leaders is hereby tabled to the next regular
meeting of the Council.
Page 4799
A roll call vote was taken on the foregoing resolution, as amended, with the follow-
inging result:
AYES: Ponder, Grant, Salvadore, McCann and Daugherty.
NAYS: Bagnall.
The President declared the resolution, as amended, adopted.
By Councilman McCann, seconded by Councilman Daugherty, it was
#311-61 RESOLVED that, the sum of $5,734.09 is hereby transferred from
the Parks Division Debt Service Account to the Working Capital Account of
the Budget.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Grant, Salvadore, McCann, Daugherty and Bagnall.
NAYS: None.
Councilman Ponder introduced the following Ordinance:
AN ORDINANCE REPEALING ORDINANCE NO. 246
OF THE CITY OF LIVONIA
lbw
THE CITY OF LIVONIA ORDAINS:
Section 1. Ordinance No. 246 of the City of Livonia, which ordinance
amended Article III of Ordinance No. 224 of the City of Livonia, known as the
"Livonia Sewage Disposal System Ordinance," by adding thereto Section 3.6 which
section was entitled "Additional Wayne County Connection Rate," is hereby repealed
and rescinded.
Section 2. All Ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section 3. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of the 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 AMENDING SECTIONS 22, 23 AND 28
OF THE ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTI CLE 3.00 OF THE ZONING ORDINANCE,
ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF
LIVONIA, BY ADDING THERETO SECTIONS 3.294,
3.295 AND 3.296
Page 4800
THE CITY OF LIVONIA ORDAINS:
Section 1. The reports and recommendations of the City Planning Commission
dated February 17, 1961 on Petitions No. Z-486 and No. Z-4871 and dated March 22, 1961
on Petition No. Z-489„ 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.
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 sections:
Section 3.294. Petition Z-486 submitted by Woodbury Building
Company is hereby granted and the zoning classification of the premises
described in said petition is hereby changed from RUFB to R-1-A and the
Southeast 1/4 of Section 23 of the Zoning Map is hereby amended to conform
to the change made in this section.
Section 3.295. Petition Z-487 submitted by G. W. Whitson is
hereby granted and the zoning classification of the premises described
in said petition is hereby changed from C-1 to C-2 and the Southwest 1/4
of Section 28 of the Zoning Map is hereby amended to conform to the change
made in this section.
Section 3.296. Petition Z-489 submitted by Kenneth Ockerman is
hereby granted iETUETzoning classification of the premises described in
said petition is hereby changed from RUFB to P-1 and the Southwest 1/4 of
Section 22 of the Zoning Map is hereby amended to conform to the change made
in this section.
Section 3. The attached map designated "Amendment No. 74 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 ordinanceis 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 McCann introduced the following Ordinance:
AN ORDINANCE AMENDING ORDINANCE NO. 60 OF THE CITY OF LIVONIA
ENTITLED, "AN ORDINANCE TO ESTABLISH DISTRICTS IN THE CITY OF
LIVONIA; TO REGULATE THE USE OF LAND AND STRUCTURES THEREIN;
TO REGULATE AND LIMIT THE HEIGHT, THE AREA, THE BULK AND
LOCATION OF BUILDINGS; TO ROaULATE AND RESTRICT THE LOCATION
Page 4801
OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED
FOR SPECIFIED USES; TO REGULATE AND DETERMINE THE AREA OF YARDS,
COURTS AND OTHER OPEN SPACES; TO REGULATE THE DENSITY OF POPU-
LATION; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS
ORDINANCE; TO PROVIDE FOR A BOARD OF APPEALS, AND ITS POWERS AND
DUTIES; AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THE TERMS
THEREOF," BY ADDING THERETO ARTICLE 5.25.
THE CITY OF LIVONIA ORDAINS:
Section 1. Ordinance No. 60, the Zoning Ordinance, of the City of Livonia,
is hereby amended by adding thereto Article 5.25 as follows:
ARTICLE 5.25
R - M DISTRICT REGULATIONS
Section 5.26. Application of Article. The regulations set
forth in this article shall apply in all R-M Districts.
Section 5.27. Uses Permitted. In all RAM Districts no building
or land, except as otherwise provided in this ordinance, shall be erected
or used except for one or more of the following specified uses:
(a) All uses that are permitted in R-1 Districts; provided,
however, that notwithstanding any other provision of this ordinance
contrary hereto or in conflict herewith, every residential lot or
parcel in an R41 District shall have the minimum lot area set
forth in Section 5.29 of this article.
(b) All uses permit-Lid under Article 6.00 and Article 7.00 of
this ordinance, that is R-2 and R-3 uses, are specifically ex-
cluded from and prohibited in the R-M District.
Section 5.28. Building Heights. No building hereafter erected
or altered in R-M Districts shall exceed thirty-five (35) feet in height or
two (2) stories except as provided in Sections 4.141 to 4.44, inclusive, of
this ordinance.
Section 5.29. Lot Area. Every lot in R-M Districts shall have
an area of not less than 6400 square feet and a minimum width of seventy
(70) feet at the property line. Any lot of record at the time of the
adoption of this amendment which is of lesser area than the specifications
herein provided and which cannot meet the requirements of area, side yard,
front yard and/or rear yard, shall otherwise comply with all the requirements
of the R-1 District.
Section 5.30. Percentage of Lot Coverage. One family dwellings,
together with accessory buildings, hereafter erected on any lot in R-M
Districts shall not cover more than twenty-five (25) percent of the area
of lot, provided that this requirement shall not apply to any lot or parcel
which at the time this ordinance becomes effective is lesser in area than
the specifications herein provided if such lot or parcel was of record at
the time of the adoption of this ordinance.
Page 4802
Secti)n 5.31. Front Yard. Each lot in R M Districts shall have
a front yard not less than twenty-five (25) feet in depth.
Section 5.32. Side Yards in General. All lots in R44 Districts
shall have two (2) side yards each having a width of not less than six (6)
feet and a combined width of both side yards shall not be less than sixteen
(16) feet.
Section 5.33. Side Yards Abutting Upon Street. In R-M Districts
the width of the side yard abutting upon a street snail not be less than
six (6) feet when rear yards abut rear yards, however, in case of a rear
yard abutting a side yard of an adjacent lot, the side yard abutting upon
a street shall not be less than twenty-five (25) feet.
Section 5.34. Rear Yards. Each lot in R-M Districts shall have
a rear yard of a depth of not less than thirty-five (35) feet.
Sectinn 5.35. Off-Street Parking Facilities. Off-street parking
facilities shall be provided es hereinbefore specified in Sections 4.37 to
4.40, inclusive, of this ordinance.
Section 2. Ordinances No. 232, 268 and 314 are hereby repealed as of the
date this ordinance becomes effective and all other ordinances and parts of ordinances
in conflict herewith are hereby repealed only to the extent necessary to give this
ordinance full force and effect.
Section 3. Should any portion of this ordinance be held invalid for any
ima 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 McCann introduced the following Ordinance:
AN ORDINANCE A^TENDING SECTIONS 1, 4, 5, 6, 7, 8, 9,
13, 14, 16, 17, 18, 20, 21 AND 35 OF THE DNING 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
3.297, 3.298, 3.299, 3.300 AND 3.301.
THE CITY OF LIVONIA ORDAINS:
Section 1. The reports and recommendations of the City Planning Commission
dated March 15, 1961 on Petitions Z-492 and Z-496; and dated Manch 30, 1961 on Petitions
Z-b90, as amended, Z-500 and Z-501, 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.
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 sections:
Page 4803
Section 3.297. Petition No. Z-190, as anended, submitted by
lam Mr. Harold Rice on b ehalf of Elwood C. and Edna F. Manns is hereby granted
and the zoning classification of the premises described in said petition is
hereby changed from RUFB to PS as requested in said amended petition and the
Northwest i/4 of Section 13 of the Zoning Map is hereby amended to conform
to the change made in this section.
Section 3.298. Petition No. Z-492 initiated by the City Planning
Commission is hereby granted and the zoning classification of the premises
described in said petition is hereby changed from C-2 to R-1-A as requested
in said petition and the Southwest 1/4 of Section 14 of the Zoning Map is
hereby amended to conform to the change made in this section.
Section 3.299. Petition No. Z-496 initiated by the City Planning
Commission is hereby granted and the zoning classification of the premises
described in said petition is hereby changed from R-1-A to R-M as requested
in said petition and Sections 4, 5, 6, 7, 8, 9, 16, 17, 18, 20 and 21 of the
Zoning Map are hereby amended to conform to the change made in this section.
Section 3.300. Petition No. Z-500 submitted by Sheldon M.
Futernick, President of Shel-Win Builders, Inc., is hereby granted and the
zoning classification of the premises described in said petition is hereby
changed from RUFB to PS as requested in said petition and the Southeast 1/4
of Section 1 of the Zoning Map is hereby amended to conform to the change
made in this section.
Section 3.301. Petition No. Z-501 submitted by Perry & Bahen,
attorneys, on behalf of the Reverend Father Edward Pilarowsky of St. Damian's
Parish, is hereby granted and the zoning classification of the premises
described in said petition is hereby changed from RUFB to C-1 as requested
in said petition and the Southeast 1/4 of Section 35 of the Zoning Map is
hereby amended to conform to the change made in this section.
Section 3. The attached map designated ',Amendment No.75 of the Zoning Map
of the City of Livonia,a 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 McCann introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 22 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE
3.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60,
Page 4804
AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING
THERETO SECTION 3.302.
THE' CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission
dated March 15, 1961, on Petition No. Z-484 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 3.302. Petition No. Z-484 initiated by Council resolution
#654-60, is hereby granted to the extent that the zoning classification of
the westerly 100 feet of Parcel 22c369b-466 of the City of Livonia, being
more particularly described as follows:
Beginning at a point which is located 60 feet south of
and approximately 1446.82 feet east of the Northwest
corner of Section 22; thence south 1 degree 16 minutes
west 500 feet; thence north 88 degrees 29 minutes west
100 feet; thence north 1 degree 16 minutes east 500 feet
along a line which is also the east line of certain
property owned by the City of Livonia; thence south 88
degrees 29 minutes east 100 feet to the point of begin-
ning;
is hereby changed from C-2 to C-1 and the Northwest i/4 of Section 22 of the
Zoning Map is hereby amended to conform to the change made in this section.
Section 3. The attached map designated "Amendment No. 76 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
thereof.
Section 4. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section 5. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of any of the
remaining portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
Page 4805
#312-61 RESOLVED that, the resolution submitted by the City of Madison
Heights regarding the proposed 1% income tax, and the resolution from
Garden City regarding unemployment are hereby referred to the Committee of
the Whole.
By Councilman Salvadore„ seconded by Councilman Daugherty and unanimously
adopted, it was
#313-61 RESOLVED that, the letter dated May 3, 1961, from Mr. Milton
Holley, 14821 Farmington Road, regarding the reassessment program is
hereby referred to the Committee of the Whole, and the City Assessor and
the members of the Board of Review are requested to be present at the
next study meeting and the City Assessor shall bring the total assessment
of new buildings erected in 1960.
The letter dated My 4, 1961, from Burt Homes, Inc., offering the use of
certain land for recreational purposes was removed from the agenda to the next study
meeting.
Councilman Daugherty introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 4.45 OF ARTICLE
4.00 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED
"ZONING ORDINANCE OF THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 4.45 of Article 4.00 of Ordinance No. 60, as amended,
entitled "Zoning Ordinance of the City of Livonia, " is hereby amended to read as
follows:
Section 4.45. Protective Walls.
(a) Notwithstanding other provisions of this ordinance, where
off-street parking areas or commercial properties adjoin or are contiguous
to any residential district or districts, whether or not said residential
district has been developed, the owner of the commercial land shq11 provide
and construct a continuous, unpierced and reinforced poured concrete, hard-
burned brick or "flexicore type" wall. The "flexicore type" wall shall be
constructed in accordance with the plan dated April 5, 1961, identified by
the signature of the Vice President of the City Council and also in accord-
ance with the specifications dated February 7, 1961, a part of Zoning
Petition No. Z-5021 which plan and specifications are on file in the De-
part of Public Works.
The protective wall shall be at least five (5) feet and not more
than seven (7) feet in height to adequately screen such parking or com-
mercial district from abutting residential districts. The height of such
wall shall be measured from the surface of the parking or =nue rcial
property. It shall be constructed on the easement line, if an easement
exists, rather than on the lot line between the parking area or commercial
Page !x806
property and the abutting residential district; provided, however, that
where the construction of such wall on an easement line will work a hard-
ship on a particular property owner because of the peculiar location and
size of the easement or for any other special circumstance, this require-
ment may be modified by the Zoning Board of Appeals.
All plans and specifications for a protective wall shall be sub-
mitted to the Engineering Division of the Department of Public Works for ap-
proval and thereafter the wall shall be constructed in strict accordance
with the approved plans and specifications and the requirements of that
department.
The construction of such wall shall not be commenced until a
building permit therefor has been secured from the Bureau of Inspection.
It shall be the responsibility of the owner of the commercial
property and parking area to maintain the wall in a state of good repair
and to keep the area, between the wall and property line of the commercial
property and parking area, free and clear of any debris, trash, weeds and
waste of any material and at all times to keep such area in a neat, clean
and orderly fashion.
(b) The erection of the protective wall or the planting of a
greenbelt as required by this ordinance shall be a condition precedent to
the issuance of a certifi cate of occupancy for any building constructed on
that particular commercial property. Where the owner or applicant can
satisfy the Bureau of Inspection that it is impossible or impracticable
to construct the wall before the commercial building is completed, he may
comply with this condition precedent by filing a cash bond with the City
Clerk in an amount equal to Twelve Dollars ($12.00) per lineal foot of
wall or greenbelt required, and by executing an affidavit agreeing to
erect the wall or plant the greenbelt on or before a date certain, which
in no case shall exceed six (6) months from the date of the affidavit.
In those cases where a bond and affidavit are deposited, if the required
wall or greenbelt has not been satisfactorily erected or planted within
ninety (90) days after the date of the affidavit or before the date fixed
in the affidavit, whichever is the later, the City shall have the right to
forfeit the cash bond and use the proceeds thereof to erect, plant or cause
to be erected or planted the required protective wall or greenbelt. Any
balance remaining shall thereafter be refunded to the depositor of the bond.
Section 2. Ordinances No. 214.0 and No. 296 are hereby repealed and all other
ordinances or parts of ordinances in conflict herewith are hereby repealed only to the
extent necessary to give this ordinance full force and effect.
Section 3. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of the remain-
ing portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
Page 4807
By Councilman Grant, seconded by Councilman McCann, it was
#314-61 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer, dated May 3, 1961, approved by the Director of
Publ.Lc Works and Mayor, the Council does hereby accept the bid of Thomas E.
Currie Company in the amount of $57,230.91, for the construction of
bituminous pavement on Levan Road from Plymouth to Schoolcraft Roads, such
having been the lowest bid received for this project; and the Mayor and
City Clerk are hereby authorized to execute a contract for and on behalf
of the City of Livonia with the said company and to do all other things
necessary cr incidental to the full performance of this resolution; and
provided further, that the Council does hereby advance the sum of
$57,230.91 from the General Fund to cover the cost of this improvement,
such sum to be returned to the General Fund from the proceeds of the con-
templated special assessment bond issue and from other sources of revenue
established in connection with this project.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Grant, Salvadore, McCann, Daugherty and Bagnall.
NAYS: None.
Councilman Salvadore was excused at 11:20 P. M.
By Councilman Daugherty, seconded by Councilman Grant, it was
#315-61 RESOLVED that, having considered the letter from the Chief City
Engineer, dated May 3, 1961, approved by the Director of Public Works and
Mayor, in regard to the paving of Levan Road, the Council does hereby re-
quest the Department of Law to negotiate with the owners of Parcel 2918
for the acquisition of an easement on the west side of Levan Road, ten (10)
feet in width and extending 337 feet south from the south line of School-
craft Road and to report the result of such negotiations to the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Grant, McCann, Daugherty and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Grant and unanimously
adopted, it was
#316-61 RESOLVED that, having considered the letter from Mr. Earl D. Lee,
31390 Plymouth Road, Livonia (Denny's Gulf Service), the Council does
hereby refer the same to the Engineering Division for its report and recom-
mendation regarding the complaint contained in such letter and for a recom-
mendation regarding satisfactory disposition thereof, such report to be
submitted at the next study meeting.
By Councilman Daugherty, seconded by Councilman McCann and unaa imously
adopted, it was
Page !8O8
#317-61 RESOLVED that, the letter from the Water & Sewer Board in answer
to Council resolution #128-61 (amendment to Ordinance No. 43) is referred
to the Committee of the Whole.
Councilman Salvadore returned at 11:24 P. M.
By Councilman McCann, seconded by Councilman Grant and unanimously
adopted, it was
#318-61 RESOLVED that, pursuant to the opinion of the Department of Law,
the Council does hereby request the Municipal Judge to nominate a qualified
individual for appointment as Clerk of the Municipal Court, in accordance
with the provisions of Section 12, Chapter VI and Section 3, Chapter V of
the Cit=y Charter.
By Councilman McCann, seconded by Councilman Daugherty, it was
#319-61 RESOLVED that, the Department of Law is hereby requested to pre-
pare and submit to the City Council a proposed Charter amendment providing
that no Class "C" liquor licenses shall be granted, within the City of
Livonia, in excess of one (1) license for each three thousand (3,000) of
population, or major fraction thereof, as determined by the latest federal
decennial census.
By Councilman Ponder, seconded by Councilman Grant, it was
RESOLVED that, the foregoing resolution be tabled to the next
study meeting of the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Grant and Salvadore.
NAYS: McCann, Daugherty and Bagnall.
The President declared the resolution to table denied.
A roll call vote was taken on the original resolution (#319-61) with the following
result:
AYES: Ponder, Grant, Salvadore, McCann, Daugherty and Bagnall.
NAYS: None.
On motion of Councilman McCann, seconded by Councilman Daugherty and
unanimously adopted, this 334th regular meeting of the Council of the City of Livonia
was duly adjourned at 11:30 P. M., May 8, 1961.
i' --
Mare W. Clark, City Clerk