HomeMy WebLinkAboutCOUNCIL MINUTES 1961-07-10 Page 4865
MINUTES OF THE THREE HUNDRED THIRTY-EIGHTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On July 10, 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 8:40 P. M. Councilman Daugherty 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
#433-61 RESOLVED that, the minutes of the 337th regular meeting of the
Council of the City of Livonia, held June 26, 1961, are hereby approved.
By Councilman Daugherty, seconded by Councilman McCann, it was
#434-61 RESOLVED that, the letter dated June 30, 1961, from the Mayor
regarding appointments to the Planning Commission is hereby tabled to
the next study meeting of the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Ponder, Salvadore and Bagnall.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
#435-61 RESOLVED that, having considered the report and recommendation
of the Water and Sewer Committee, dated June 29, 1961, the Council does
hereby request that the office of the Wayne County Drain Commissioner
review the previously transmitted form of agreement by and between the
Drain Commissioner and the City of Livonia relative to the maintenance
of certain drains within the City of Livonia and to thereafter submit
his comments regarding such agreement to this Council for consideration
and further action.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
Page 4866
#436-61 RESOLVED that, having considered the report and recommendation
[air of the Water and Sewer Committee, dated June 29, 1961, the Council does
hereby
(1) in connection with the recommendation of the Industrial
Commission, dated December 13, 1960, request that the Engineer-
ing Division prepare and submit preliminary plane and an estimate
of cost for extending the sanitary sewer in Plymouth Road, west
from Middlebelt Road to Farmington Road; and
(2) in connection with the report from the Chief City Engineer
dated January 24, 1961, request that the Engineering Division
prepare and submit a report indicating the present status of the
various storm drainage projects previously authorized by the City
Council, together with any and all recommendations regarding
necessary revisions of these projects.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#437-61 RESOLVED that, having considered the report and recommendation
of the Water and Sewer Committee, dated June 29, 1961, the Council does
hereby request that the Department of Law submit to the Assistant Director
of Public Works an opinion as to the proper sanitary sewer connection fee
that should be charged aginst the Wonderland Shopping Center and also re-
quests that the Department of Law review and prepare amendments to Ordinance
No. 224, as amended, which would establish a more realistic and workable
schedule of sewer connection rates and sewage debt service rates for
commercial and industrial users.
By Councilman Daugherty, seconded by Councilman Kleinert, it was
#438-61 RESOLVED that, having coni dered the report and recommendation
of the Water and Sewer Committee, dated June 29, 1961, regarding a certain
petition from the proprietors of the Buckingham Shopping Center, the Council
does hereby determine that City-owned refuse containers shall not be
placed on any private properties and, in this connection, directs the
Department of Public Works to do all things reasonably necessary or in-
cidental for compliance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Ponder, Kleinert and Salvadore.
NAYS: Bagnall.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman Salvadore, it was
#439-61 RESOLVED that, in accordance with the report of the Water and
Sewer Committee, dated June 29, 1961, the Council does hereby determine
to take no further action on:
(1) the report from the Chief City Engineer, dated January 4, 1961,
Page 4867
regarding the establishment of a separate sewage disposal treat-
ment facility for the City of Livonia; aid
it (2) the proposed amendment to Ordinance No. 13 which would
eliminate the existing fire hydrant rental fee.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Ponder, Kleinert and Salvadore.
NAYSs Bagnall.
The President declared the resolution adopted.
By Councilman Salvadore, seconded by Councilman Kleinert, it was
RESOLVED that, consideration of bids for the official newspaper
be tabled.
A roll call vote was taken on the foregoing resoluti on with the following result:
AYES: Kleinert, Salvadore and Bagnall.
NAYS: McCann, Daugherty and Ponder.
The President declared the resolution denied.
The President declared that the matter of bids for the official newspaper
would be taken up later in the meeting.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#l4O-61 RESOLVED that, having considered the recommendation of the Traffic
Commission, dated April 28, 1961, together with the recommendation of the
Director of Public Safety, dated June 22, 1961, the Council does herein
authorize and request the City Clerk to make application to The Detroit
Edison Company, on forme provided by such company, for the installation
of street lamps of suitable lumen strength to be installed
(1) at the intersection of Munger and Middlebelt Road; and
(2) at the entrance of the driveway to the Wilcox School;
it being the determination of the Council that such intersection and location
in the City of Livonia require lighting in order to protect the public safety
of the residents of this community.
*Councilman Austin T.0rant arrived at 8:55 P. M.
The letter dated June 29, 1961, from the Mayor, requested by resolution
#253-61, was received and placed on file.
Page 4868
By Councilman Daugherty, seconded by Councilman McCann, it was
L #441-61 RESOLVED that, the Department of Law be requested to prepare a
letter to all administrative department heads and employees of the City
advising them of the Charter provisions of the City of Livonia dealing with
the use of City property and City labor for private purposes.
A roll call vote was taken on the foregoing resolution with the following results
AYES: McCann, Daugherty, Ponder, Kleinert and Bagnall.
NAYS: Grant and Salvadore.
The President declared the resolution adopted.
By Councilman Salvadore, seconded by Councilman Kleinert and unanimously
adopted, it was
#442-61 RESOLVED that, pursuant to the communication dated April 13, 1961,
from the Michigan Liquor Control Commission, and upon consideration of the
applications submitted to the Commission and the Council to date, the City
Council does hereby, at the present time, approve of the following ap-
plications for Class C licenses above all other applications heretofore
filed with the Commission and Council:
Livonia Recreation, Inc., 31630 Plymouth Road, Livonia, Michigan;
Earl S.Bowser„ 33653 Five Mile Road, Livonia, Michigan;
Norman Bolyard and William E. Fann, 2390 Ackley, Wayne, Michigan,
and 191B Stieber, Wayne, Michigan (now 9324 California,
Livonia, Michigan, and 9290 Louisiana, Livonia, Michigan);
Abe Green and Henry S.Alper (Wonderland Shopping Center),
29859 Plymouth Road, LivonialMichigan;
Eugene L. Pulice, 32826 Five Mile Roads Livonia, Michigan;
and in approving same, the Council recommends the issuance of Class C
licenses to said applicants; and the City Clerk is hereby requested to
transmit duplicate certified copies of this resolution with the date of
this meeting indicated thereon to the Michigan Liquor Control Commission.
By Councilman Salvadore, seconded by Councilman Ponder, it was
#443-61 RESOLVED that, having considered the report and recommendation of
the City Planning Commission, dated June 16, 1961, in regard to Petition No.
Z-505 submitted by E. P. Burnside and Aaron Martin for change of zoning in
the Southeast 1/4 of Section 23 from RUFB to C-2, and having considered also
the communication from the petitioner, dated July 7, 19b1, amending the
aforementioned petition, the Council does hereby determine to and does ap-
prove of said Petition Z-505, as amended, with respect to changing the
zoning classification of Lots 10a„ 13 and 14 of Wolfram Estates Subdivision
ift. from RUFB to C-1; and provided farther that, in connection herewith, it
is specifically noted that the amended petition requests a C-1 zoning
classification and deletes Lot 15 originally referred to; and the Department
of Law is herein instructed to prepare an ordinance amending Ordinance No.
60 in accordance with this resolution.
Page 4869
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleinert,Grant, Salvadore and Bagnall.
NAYS: McCann.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman Grant and unanimously
adopted, it was
#444-61 RESOLVED that, having considered the request from George H.
Pastor, proprietor of the proposed Kimberly Oaks Estates Subdivision No. 2,
dated June 28, 1961, the Council does hereby refer such matter to the
Engineering Division for its report and approval of the proposed relocation
and modified plans and specifications for the improvements to be installed
in that subdivision.
The Ordinance amending Ordinance No. 77, the Retirement Ordinances was
removed from the agenda to the next study meeting of the Council.
By Councilman Daugherty, seconded by Councilman McCain, it was resolved that
#445-61 WHEREAS, pursuant to due and proper notice published and mailed
to all property owners in Special Assessment District No. 13, for the paving
of Brookfield Avenue between Plymouth Road and West Chicago Road in Section
34 in the City of Livonia, as required by the provisions of the City Charter
and Ordinance No. 31, as amended, of the City of Livonia, a public hearing
thereafter having been held thereon on June 28, 1961, at 8:00 P. M., at the
City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council
having duly met and reviewed the special assessments levied on the special
assessment roll and the revision thereof as prepared by the City Assessor
to cover the district portion of the cost of street improvements to be con-
structed in Special Assessment District No. 13; and
WHEREAS, the City Council has heard and carefully c onsidered all
objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council does hereby determine that the assessments set forth in
said Special Assessment Roll dated May 4, 1901, as revised under date of
July 10, 1961, in the amount of $28,499.83, are fair and equitable and
based upon benefits to be derived by construction of improvements proposed
in said district, in accordance with the plans of the City Engineer and
resolutions of the City Council.
2. Said Special Assessment Roll No.13„ as revised, is hereby approved and
confirmed in all respects.
3. The amount of said roll shall be divided into ten (10) equal annual in-
stallments with interest at the rate of six per cent (6%) per annum on the
unpaid balance of the assessment from the date of confirmation. In such
Page 4870
cases where the installments will be less than Ten Dollars ($10.00), the
number of installments shall be reduced so that each installment shall be
imm above and as near Ten Dollars ($10.00) as possible. The first installment
shall be due and payable December 1, 1961, and subsequent installments on
December 1st of succeeding years.
4. Pursuant to the provisions of Sections 14 and 17 of Ordinance No. 31,
as amended, the City Clerk shall endorse the date of confirmation on the
assessment roll, and the said assessment roll shall then be immediately
transmitted to the City Treasurer who shall then publish notice as is
required by Section 17, and mail assessment statements to the respective
property owners assessed in manner and substance as provided by said
Section 17. Any property owners assessed may, within sixty (60) days from
the date of confirmation of the roll, pay the whole or any part of the
assessment without interest or penalty.
5. The first installment shall be spread upon the 1961 City tax roll in
manner required by Section 19 of Ordinance No. 31, as amended, together
with interest upon all unpaid installments from the date of confirmation
of the roll to December 1, 1961, and thereafter one (1) installment shall
be spread upon each annual tax roll, together with one (1) yearfs interest
upon all unpaid installments; provided, however, that when any annual in-
stallment shall have been prepaid in manner provided by said Ordinance No.
31, either within the sixty (60) day period as provided in Section 18, or
after the expiration of the sixty (60) day period as provided in Section 21,
then there shall be spread upon the tax roll for such year only the
interest for all unpaid installments.
6. That the Council having determined to pay the entire cost of improving
intersections within the said district, the sum of $3,187.83 is hereby
transferred from the Road Improvement Account of the Capital Improvement
Program to the Special Assessne nt District No. 13 Account to cover the
City's cost of said installation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
By Councilman McCann, seconded by Councilman Salvador°, it was resolved that
#J4i.6-61 WHEREAS, pursuant to due and proper notice published and mailed to
all property owners in Special Assessment District No. 14, for the paving
of Fairfield Avenue between Plymouth Road and. West Chicago Road in Section
31.E in the City of Livonia, as required by the provisions of the City Charter
and Ordinance No. 31, as amended, of the City of Livonia, a public hearing
thereafter having been held thereon on May 31, 1961, at 9:00 P. M., at the
City Hall, 33001 Five Mile Road, Livonia, Michigan, aad the City Council
having duly met and reviewed the special assessments levied on the special
assessment roll and the revision thereof as prepared by the City Assessor
lin to cover the district portion of the cost of street improvements to be con-
structed in Special Assessment District No.14; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments;
Page 4871
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council does hereby determine that the assessments set forth
in said Special Assessment Roll dated May 1, 1961, as revised under date
of July 10, 1961, in the amount of $27,793.10, are fair and equitable and
based upon benefits to be derived by construction of improvements proposed
in said district, in accordance with the plans of the City Engineer and
resolutions of the City Council .
2. Said Special Assessment Roll No. 14, as revised, is hereby approved and
confirmed in all respects.
3. The amount of said roll shall be divided into ten (10) equal annual
installments with interest at the rate of six per cent (6%) per annum on
the unpaid balance of the assessment from the date of confirmation. In
such cases where the installments will be less than Ten Dollars ($10.00),
the number of ins tal lments shall be reduced so that each installment shall
be above and as near Ten Dollars ($10.00) as possible. The first install-
ment shall be due and payable December 1, 1961, and subsequent installments
on December 1st of succeeding years.
4. Pursuant to the provisions of Section 14 and 17 of Ordinance No. 31, as
amended, the City Clerk shall endorse the date of confirmation on the
assessment roll, and the said assessment roll shall then be immediately
transmitted to the City Treasurer who shall then publish notice as is re-
quired by Section 17, and mail assessment statements to the respective
property owners assessed in manner and substance as provided by said
Section 17. Any property owner assessed may, within sixty (60) days from
the date of confirmation of the roll, pay the whole or any part of the
assessment without interest or penalty.
5. The first installment shall be spread upon the 1961 City tax roll in
manner required by Section 19 of Ordinance No. 31, as amended, together
with interest upon all unpaid installments from the date of confirmation
of the roll to December 1, 1961, and thereafter one (1) installment shall
be spread upon each annual tax roll, together with one (1) year's interest
upon all unpaid installments; provided, however, that when any annual in-
stallment shall have been prepaid in manner provided by said Ordinance No.
31, either within the sixty (60) day period as provided by Section 18, or
after the expiration of the sixty (60) day period as provided by Section
21, then there shall be spread upon the tax roll for such year only the
interest for all unpaid installments.
6. That the City Council having determined to pay the entire cost of im-
proving intersections within the said district and the entire cost of the
improvement adjacent to school properties, within the said district, the sum
of $5,391.50 is hereby transferred from the Road Improvements Account of
the Capital Improvement Program to the Special Assessment District No. 14
Account to cover the City's cost of said installation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann,Daugherty, *Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
Page 4872
Councilman Ponder abstained from voting under the provisions of Chapter IV, Section
9 of the Charter (financial interest).
Y..
*Councilman Kleinert abstained from voting, which is recorded as a yes vote under
the provisions of Section 19 of Ordinance No. 27, as amended.
The President declared the resolution adopted.
By Councilman Salvadore, seconded by Councilman Grant and unanimously
adopted, it was resolved that
#447-61 WHEREAS, pursuant to the direction of the Council by resolution
#278-61, adopted on April 24, 1961, the City Assessor of the City of Livonia
has prepared and reported to the City Council the assessment roll dated June
19, 1961, and certified under date of June 20, 1961, covering and containing
the special assessment district heretofore established for the insulation of
street lighting in Livonia Gardens Subdivision situated in portions of
Section 22 and 23 of the City of Livonia, 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 said assessment roll has been made and filed in the office of the City
Clark 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 8:00 P. M., on Wednesday, August 16, 1961, to review the said special
assessment roll, at which time and place opportunity will be given to all
interested persons to be heard;
IT IS FURTHER RESOLVI D that, the City Clerk give notice of 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 August 16, 1961, and that the City Clerk also give
notice 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 int the
City Assessor's office.
An Ordinance Amending Section 17.02 of Article 17.00 of Ordinance No. 60,
as amended, entitled "Zoning Ordinance of the City of Livonia," introduced on June 26,
1961, by Councilman McCann, was taken from the table and a roll call vote conducted
thereon with the following result:
AYES: McCann, Daugherty, Ponder, Salvadore and Bagnall.
NAYS: Kleinert and Grant.
The President declared the Ordinance duly adopted and would become effective on
public ati on.
Page 4873
At 9:15 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, including Councilman Grant.
By Councilman Daugherty, seconded by Councilman Grant, it was
#448-61 RESOLVED that, having considered the proposals heretofore sub-
mitted, the Council does hereby designate the official newspaper of the
City of Livonia for the year ending August 1, 1962, the Livonia City Post,
31250 Plymouth Road, a newspaper of general circulation within the City of
Livonia, which designation is required and made in accordance with Chapter
X, Section 8 of the Charter of the City of Livonia, at the submitted bid
price of $1.55 per column inch as quoted in the letter dated July 5, 1961;
this designation is hereby conditioned upon the continuous weekly publica-
tion of such newspaper.
A roll call vote was taken on the foregoing resolution with the following results
AYES: McCann, Daugherty, Ponder, Kleinert, Grant and Bagnall.
NAYS: Salvador°.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by C ouncilman McCann, it was
#449-61 RESOLVED that, in connection with the new designation of an
official newspaper to publish legal notices for the City of Livonia, the
Council does hereby direct the City Clerk, effective July 10, 1961, to
immediately cease publishing any legal notices in The Livonian because
of the question of legality as enunciated in the September, 1960, ruling
of Wayne County Circuit Court, Judge Bowles presiding.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Ponder, Kleinert, Grant and Bagnall.
NAYS: Salvador°.
The President declared the resolution adopted.
The President relinquished the chair to the Vice President at 10:04 P.M.
By Councilman Bagnall, seconded by Councilman Grant, it was
#450-61 RESOLVED that, having considered the letters from the Livonia
Chamber of Commerce, dated May 11, 1961 and June 21, 1961, the Counci. does
hereby authorize payment of the sum of $5,000.00 to the Chamber of Commerce
to be used only for the purpose of advertising and promoting the commercial
and industrial advantages of the City of Livonia, this approval and such
use to be conditioned on the following:
(1) That the Chamber maintain separate accounts clearly indicat-
Page 4874
ing the specific purpose and nature for which any portion of the
aforementi oned sum has been expended; and
(2) That the Chamber substantiate each and every expenditure
made from the aforementioned sum by written a tatement to the
Chief Accountant;
and provided further, that any portion of the aforementioned sum which is
not expended prior to one (1) year from the date hereof shall be returned
forthwith to the City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bagnall, Kleinert, Grant and Salvadore.
NAYS: Daugherty and Ponder.
The Vice President declared the resolution adopted.
The President resumed the chair at 10:19 P. M.
By Councilman Salvadore, seconded by Councilman McCann and unanimously
adopted, it was
#451-61 RESOLVED that, the report of the City Assessor, dated June 19,
1961, estimating the cost of establishing a complete assessment department
for the City, is hereby referred to the Finance Committee of the Council
for its report and recommendation in connection herewith.
By Councilman Grant, seconded by Councilman McCann and unanimously
adopted, it was
#452-61 RESOLVED that, the two letters dated June 114 1961, from the
Chief City Engineer regarding drainage problems in Strathcona Gardens
and Parkway Subdivisions and on property situated at 14751 Cavell, are
each hereby referred to the Water and Sewer Committee of the Council
for its report and recommendation thereon.
By Councilman McCann, seconded by C ouncilman Daugherty and unanimously
adopted, it was
#453-61 RESOLVED that, having considered the request and application
from Mr. Edwin R. Kelly, 24702 Five Mile Road, Detroit 39, Michigan,
dated June 22, 1961, the Council does hereby determine that the public
convenience and necessity does not warrant the issuance of any taxicab
licenses, and therefore respectfully rejects the application of Mr.Kelly.
By Councilman Salvadore, seconded by Councilman Ponder and unanimously
adopted, it was
#454-61 RESOLVED that, having considered the petition of Mr.Charles W.
Page 4875
Allen, 15337 Farmington Road, Livonia, Michigan, received June 22, 1961,
and in accordance with the provisions of Act 73 of the Public Acts of
1959, as amended, the Council does hereby approve of dividing Lots 2a and
3a of Thomas F. 0'Connors Merriman Park Subdivision, a part of the South-
east 1/!. of Section 10, City of Livonia, Wayne County, Michigan, T. 1 S.,
R. 9 E., into one additional part as follows:
The west 67 feet of Lots 2a and 3a, Thomas F. O'Connors
Merriman Park Subdivision, a part of the S.E. 1/4 of Section 10;
which change does not approve the issuance of building permits without
being in compliance with the Zoning Ordinance; and the City Clerk is
hereby requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds.
By Councilman Ponder, seconded by (Councilman Grant and unanimously
adopted, it was
#455-61 RESOLVED that, having considered the petition of Walter Misener
received June 30, 1961, and in accordance with the provisions of Act 73
of the Public Acts of 1959, as amended, the Council does hereby approve of
dividing Lots 664 and 665 of Supervisor's Livonia Plat No« 10 situated in
the East 1/2 of Section 15 into two additional parts as follows:
The south 155.60 feet of Lot 665 and the south 20 feet of the
north 240 feet of Lot 664b of Supervisor's Livonia Flat No. 10
of part of the East 1/2 of Section 15, T. 1 South, Range 9,
East, City of Livonia, Wayne County, Michigan, as recorded in
Liber 66 of Plats, Page 63, Mayne County Records; and
The south 110 feet of the North 220 feet of Lot 664b and
the south 110 feet of the North 220 feet of Lot 665 of Super-
visor's Livonia Plat No. 10, of part of the East 1/2 of Section
15, Town 1 South, Range 9rast,City of Livonia, Wayne County,
Michigan, as recorded in Liber 66 of Plats, Page 63, Wayne
County Records;
and the City Clerk is hereby requested to cause a certified copy of this
resolution to be recorded in the Office of the Wayne County Register of
Deeds.
The petition of residents regw ding Curtis from Doris to grade school
was removed from the agenda to the next study meeting.
By Councilman Daugherty, seconded by Gbuncilman Ponder and unanimously
adopted, it was
#456-61 RESOLVED that, the Notice of Claim for damages to livestock
and poultry caused by dogs, dated June 23, 1961, filed by Mr.Arthur
Gutzman, 20020 Osmus, Livonia,Michigan, is hereby referred to the
Department of Law for report as to compliance with law.
Page 4876
By Councilman Ponder, seconded by Councilman McCann and unanimously
adopted, it was
#457-61 RESOLVED that,having considered the communication from Mont-
gomery Ward Company, dated June 27, 1961, regarding the adoption of a
Sunday Closing Ordinance, the Council does hereby request that the City
Clerk forward to the aforementioned company a copy of resolution #420-61,
adopted on June 26, 1961, which indicates the Council's present intention
on this subject.
By Councilman Salvadore, seconded by Councilman Grant, it was
#458-61 RESOLVED that, having considered the communication from the
Director of Public Works, dated June 23, 1961, approved of by the Mayor
for subm:ission,together with the communication from the Northeast Con-
struction Company, dated June 1, 1961, and having considered also the
fact that a special assessment district has been established to install
concrete pavement on Cardwell between Orangelawn and Plymouth, the Council
does,therefore, accept the cash payment of $915.30 offered by the afore-
mentioned company in lieu of its obligation to restore the existing road
surface of Cardwell between Orangelawn and Plymouth, which obligation was
assumed by the said company in connection with its contract to construct
Section 4 of Livonia Drain No. 1; and provided further, that the afore-
mentioned sum shall be deposited in the Cardwell Street Special Assess-
ment District Fund and used to defray the cost of the proposed improve-
ment thereof; and the City Clerk and City Treasurer 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 result:
AYES: McCann, Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
By Councilman Grant, seconded by Councilman Kleinert, it was
#459-61 RESOLVED that,pursuant to the request of the Board of County
Road Commissioners for Oakland County, dated June 28, 1961, the Council
does hereby respectfully petition the said Commission to maintain the
existing installation of a traffic signal light at the intersection of
Brentwood and Eight Mile Road, it being the determination of the Council
that such installation is necessary to insure the safety of the in-
habitants of the City of Livonia living in this area and,in this connection,
the Council agrees to assume the cost of maintaining this installation
including the energy cost for the traffic signal; and the City Clerk is
hereby authorized to send a certified copy of this resolution to the Board
of County Road Commissioners for Oakland County.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Ponder, Kleinert, Grant,Salvado se and Bognor! .
.
NAYS: None.
Page 4877
By Councilman Daugherty, seconded by Councilman McCann, it was
#460-61 RESOLVED that, having considered the recommendation from Clair
Ditchy Associates, architects and engineers, 1232 S. Woodward, Royal Oak,
approved by the Chief City Engineer and Director of Public Works, and it
appearing from the aforementioned communication that the necessary affidavit,
waivers of lien and guaranty have been filed, the Council does hereby
authorize the final payment in the amount of $2,252.00 to the Yauch Electric
Company, Inc., which sum represents the balance due on a contract between
that company and the City of Livonia, dated July 11, 1960, for electrical
work in connection with the construction of Fire Station No. 4.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Ponder, Kleinert, Grant, Salvadore and Bagnall.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Kleinert, it was
#461-61 RESOLVED that, having considered the report and recommendation
of the City Planning Commission, dated June 29, 1961, in regard to Petition
No. Z-390 submitted by Clarence Charest on behalf of Lloyd Wilkie for
change of zoning in the Southeast 1/4 of Section 35 from RUFB to C-1, the
Council does hereby concur with the recommendation of the City Planning
im. Commission and the said Petition No. Z-390 is hereby denied for the
following reasons:
(1) That the requested zoning, if granted, would create an
island of commercial zoning within a heavily developed and
occupied residential area;
(2) That the requested zoning, if granted, would permit the use
of the petitioner's property in a manner which would be likely
to interfere with the peaceful use and enjoyment of immediately
adjacent and abutting residential dwellings; and
(3) That the requested zoning classification is not in conformity
with the Comprehensive Zoning Plan and Master Plan of the City of
Livonia and is not in harmony with the existing development of
the surrounding portion of the community.
A roll call vote was taken on the foregoing resolution with the following results
AYES: McCann, Daugherty, Ponder, Kleinert, Grant and Salvadore.
NAYS: *Bagnall,.
*Councilman Bagnall wished it recorded that his vote is cast on the basis that this
action is inconsistent with the previous action of the Council, in his opinion.
The President declared the resolution adopted.
page 1.878
By Councilman Daugherty, seconded by Councilman Grant and unanimously
iesadopted, it was
#162-61 RESOLVED that, having considered the report and recommendation
of the City Planning Commission, dated June 29, 1961, in regard to Petition
No. Z-495 initiated by the City Planning Commission on its own motion for
change of zoning in the Northwest 1/14 of Section 3 from C-2 to M-i, the
Council does hereby concur with said recommendation and Petition No. Z-495
is hereby granted, subject to the following conditions:
(1) That outside storage of machinery, trucks and materials will
be prohibited;
(2) That noise emanating from the premises shall not exceed 60
decibles as measured at a point five feet above the property
line; and
(3) That the owner of the manufacturing use shall erect a six
foot masonry wall as is required between commercial and
residential uses;
and the Department of Law is herein instructed to prepare an ordinance
amending Ordinance No. 60 in accordance with this resoluti on.
By Councilman Grant, seconded by Councilman McCann and unanimously
[No
adopted, it was
#1463-61 RESOLVED that, having considered the recommendation of the City
Planning Commission, dated June 29, 1961, in connection with Petition No.
Z-506, initiated by the City Planning Commission on its own motion to
determine whether or not Articles 10.00 and 11.00 of the Zoning Ordinance
should be amended, the Council does hereby concur with said recommendation
and Petition No. Z-506 is hereby granted; and the Department of Law is
herein instructed to prepare an ordinance amending Ordinance No. 60 in
accordance with this resolution.
At the request of the petitioner, Petition Z-510 was removed from the
agenda for furtha' consideration.
By Councilman Daugherty, seconded by Councilman Grant and unanimously
adopted, it was
#464-61 RESOLVED that, having considered the report and recommendation
of the City Planning Commission, dated June 29, 1961, in regard to Petition
No. Z-512 submitted by Joe Galli for change of zoning in the Northwest 1/4.
of Section 12 from R-1-A to C-1, the Council does hereby concur with the
recommendation of the City Planning Commission and the said Petition No.
Z-512 is hereby denied for t he following reasons:
(1) That the requested zoning, if granted, would be likely to
interfere with the peaceful use and enjoyment of adjacent and
abutting residences;
Page 4879
(2) That the requested zoning, if granted, would create an
island of commercial zoning in a residential area to the extent
that it would amount to spot zoning; and
(3) That the requested zoning is not in harmony with the existing
development of the surrounding community nor is it consistent or
in accordance with the Comprehensive Zoning Plan and Master Plan
of the City of Livonia.
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
#465-61 RESOLVED that, having considered the report and recommendation
of the City Planning Commission, dated June 29, 1961, with regard to
Petition V-59 submitted by David S. Snyder for vacating a certain public
utility easement in the Southeast 1/4 of Section 16, the Council does
hereby grant the said petition on the condition that a substitute easement
be granted as recommended in the aforementioned recommendation of the City
Planning Commission; and the Department of Law is hereby requested to pre-
pare the necessary vacating ordinance in accordance with this resolution.
By Councilman McCann, seconded by Councilman Ponder, it was
#466-61 RESOLVED that, having considered the request from the Library
Commission, dated June 27, 1961, the Council does hereby transfer the
respective sums of
$2,000.00 from Equipment Purchases Account
$2,000.00 from Police Division Capital Outlay Account
$3,000.00 from Library Commission Salary Account
to the Library Commission Contractual Services Account for the purpose of
purchasing books to be used in the new Municipal Library under construction.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Ponder, Kleinert, Grant, Salvado re and Bagnall.
NAYS: None.
By Councilman Ponder, seconded by Councilman Grant and unanimously
adopted, it was
#467-61 RESOLVED that, the request from the Parks and Recreation Com-
mission, dated June 30, 1961, requesting an additional appropriation in
order to continue the planned summer recreation pro gram, is hereby re-
ferred for consideration to the Joint School Board-Council meeting to be
held July 12, 1961.
The amendment to Ordinance No. 12 was withdrawn from the agenda to a
later date.
Page 11880
By Councilman Salvador°, seconded by Councilman McCann and unanimously
adopted, it was
#468-61 RESOLVED that, having considered the report from the Department
of Law which indicates that the Alex Gordon Building Company is not the
owner of the East 10 feet of Parcel 2918, and it having been the intention
of the Council to acquire the title to that property, the Council does
hereby r escind its resolution #337-61, adopted on May 23,1961.
The letter dated July 7, 1961, from the Wayne County Drain Commissioner
regarding the Bakewell Drain was received and placed on file.
The report of the Department of Law, pursuant to resolution #302-61, re-
garding Petition No. Z-491, was received and placed on file for the information
of the Council.
The report from the Department of Law requested in resolution #102-61,
regarding financing sewers, was removed from the agenda to the next study meeting.
By Councilman Salvador°, seconded by Councilman Kleinert, it was
#1}69-61 RESOLVED that, having considered the communication from the
Michigan Liquor Control Commission, and the recommendation from the
Director of Public Safety, dated June 30, 1961, approved by the Mayor,
the Council does hereby approve the request from Elias Brothers Super
Markets, Inc., for a new SDD license to be held in conjunction with 1961
SIM license at 30805 Plymouth Road, Livonia, Michigan.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleinert,Grant, Salvadore and Bagnall.
NAYS: McCann.
The President d eclared the resolution adopted.
On motion of Councilman Daugherty, seconded by Councilman McCann and
unanimously adopted, this 338th regular meeting of the Council of the City of
Livonia was duly adjourned at 11:06 P. M., July 10, 1961.
` Marie 6 Clark, City Clerk