HomeMy WebLinkAboutCOUNCIL MINUTES 1961-08-14 Page 4914
MINUTES OF THE THREE HUNDRED FORTIETH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On August 14, 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 ap-
proximately 8:41 P. M. Councilman Salvadore 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 Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#521-61 RESOLVED that, the minutes of the 339th regular meeting of the
Council of the City of Livonia held July 31, 1961, and the 65th special
meeting held August 9, 1961, are hereby approved.
Marie W. Clark, City Clerk, announced receipt of a veto message from the
Mayor on resolution #492-61, adopted July 31, 1961.
By Councilman McCann, seconded by Councilman Kleinert, it was
#522-61 RESOLVED that, resolution #492-61, adopted July 31, 1961, be
and hereby is readopted as follows:
RESOLVED that, having considered the reports and recommendations of
the Chief City Engineer, dated June 28 and June 29, 1961, respectively,
approved of by the Mayor and the Director of Public Works, the Council
does hereby authorize and direct the Department of Law to proceed with
the acquisition of all necessary rights-of-way needed in order to install
the road improvements, described in the aforementioned reports, on portions
of Robert Drive, Sunset Avenue and Hubbard Road; and that upon and after
the acqiisition of such rights-of-way, the Department of Public Works is
hereby authorized and directed to immediately advertise for and receive
bids for the improvement of the aforementioned streets in accordance with
the recommendations first referred to above.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvadore, McCann, Daigherty, Ponder and Bagnall .
NAYS: None.
Imo The President declared the resolution adopted and the veto over-ruled.
By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
Page 4915
#523-61 RESOLVED that, relative to the communication from Mr. Paul
Chandler, dated August 9, 1961, containing allegations of Mr. Chandler
against the propriety of conduct of Councilman William Ponder, the said
letter is hereby directed to the City Attorney for his legal opinion on
the exact question only as to whether or not Section 6 of Chapter X of
the Charter of the City of Livonia has been violated by the aforementioned
Councilman in voting affirmatively on resolution #1;12-61.
A report dated July 31, 1961, from the Water and Sewer Committee was
presented by Councilman Daugherty, Chairman, which report was received and placed
on file.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#524-61 RESOLVED that, having considered the verbal recommendation of
the Chief City Engineer, Mr.William Strasser, on the matter of the drain-
age problem for Strathcona Gardens and Parkway Subdivision, it is con-
siderAd that no action will be taken at this time, inasmuch as future
paving of certain streets in this area will eventually improve or
correct existing conditions.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#525-61 RESOLVED that, having considered the recommendation of the
Finance and Insurance Committee, dated August 1, 1961, the Council does
hereby determine to renew and continue for an additional one (1) year
period its present Workmen's Compensation Insurance coverage with Hardware
Mutuals Company (Retrospective Plan D) and, in this connection, the City
Clerk and City Treasurer are hereby authorized and requested to do all
things necessary and incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvador°, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#526-61 RESOLVED that, having considered the Report on Examination of
Financial Statements of the Water and Sewer Division for the fiscal year
ending February 28, 1961, prepared by the City Auditor, Lybrand, Ross Bros.
and Montgomery, which report was submitted pursuant to an agreement by and
between the City of Livonia and that firm, approved of by resolution #439-60,
the Council does hereby accept and approve of such audit and all of the
statements contained therein and does further accept such report and audit
as representing full compliance with the obligations assumed by the above
named firm under the referred to agreement; and that in accordance with the
report and recommendation of the Finance and Insurance Committee, dated
August 1, 1961, the Mayor is hereby requested to take whatever action is
Page 4916
necessary to effect the changes and additional procedures as recommended
by the City Auditor in its audit report of the Water and Sewer D ivision
for the fiscal year ending February 28, 1961.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#527-61 RESOLVED that, the firm of Lybrand, Ross Bros. and Montgomery,
Certified Public Accountants, Book Building, Detroit 26, Michigan, is hereby
requested to prepare and submit to the Council two separate agreements
relating to the performance of the following services:
(1) to prepare and submit to the Council the annual City audit
required by the provisions of the City Charter for the fiscal
year ending November 30, 1961; and
(2) to prepare and submit to the Council a report on the exam-
ination of the financial statements of the Water and Sewer
Division for the fiscal year ending February 28, 1962;
which agreements shall be consistent with the services rendered by such
firm for the City during past fiscal years and which shall fix the duties
and responsibilities of the City Auditor and the compensation to be re-
ceived for the services rendered; and, notwithstanding any of the above,
the City shall not be construed to have assumed any responsibility or
liability in connection with such services until the aforementioned
agreements have been approved as to form by the Department of Law, ap-
proved by the City Council and executed on behalf of the City by the Mayor
and City Clerk; and that together with such agreements, the a forementioned
firm is requested to submit its comments pertaining to a possible change in
the established method of accounting within the Water and Sewer Division
which would eliminate the indication of a loss which results from account-
ing for depreciation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Salvadore and unanimously
adopted, it was
#528-61 RESOLVED that, in accordance with the recommendation of the
Finance and Insurance Committee, dated August 1, 1961, the Council does
hereby determine to take no action on:
(1) certain proposed changes in the Financial Ordinance,
Ordinance No. 216; and
(2) enlarging the operations of the Department of Assessment.
Page 4917
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#529-61 RESOLVED that, having considered the report and recommendation of
the Finance and Insurance Committee, dated August 1, 1961, and the recom-
mendation of the Civil Service C ommission, dated July 14, 1961, the Council
does hereby approve of a change in the annual rate for the classification
of Assistant City Attorney from $6,750.00 to $7,000.00 per annum, effective
starting with the first full pay period in September, 1961; and that be-
cause this action is a departure from the aforementioned recommendation of
the Civil Service Commission, the concurrence of that Commission is hereby
requested; and the Council hereby authorizes the transfer of $70.00 from
Industrial Development Salaries Account to the Department of Law Salaries
Account.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvadore, McCann, Ponder and Bagnall.
NAYS: Daugherty.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#530-61 RESOLVED that, having considered the report and recommendation
of the Finance and Insurance Committee, dated August 1, 1961, and the re-
commendations of the Civil Service Commission, dated respectively April 26,
1961 and May 26, 1961, the Council does hereby approve of a charge in the
annual rate for the classifications of Budget Director and Chief Accountant
from $8,754.00 to $8,800.00 per annum, in both cases to be effective with
the first full pay period in September, 1961; and that because this action
is a departure from the aforementioned recommendations of the Civil Service
Commission, the concurrence of that Commission is hereby requested.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvador°, McCann, Ponder and Bagnall.
NAYS: Daugherty.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Salvadore and unanimously
adopted, it was
#531-61 RESOLVED that, having considered the report and recommendation
of the Finance and Insurance Committee, dated August 1, 1961, in con-
nection with the recommendation of the Civil Service Commission, dated
May 26, 1961, for a rate adjustment for the classification of Assessment
Clerk, the Council does hereby determine not to concur with the afore-
mentioned recommendation of the Civil Service Commission.
By Councilman Kleinert, seconded by Councilman Salvadore and unanimously
adopted, it was
Page 4918
#532-61 RESOLVED that, having considered the report and rec anmendati on of
the Finance and Insurance Committee, dated August 1, 1961, the Council does
hereby reaffirm its concurrence of all of the recommendations set out in
the letter dated April 5, 1961 from the Civil Service Commission, regarding
various hourly rated classifications in the Department of Public Works, and
also amends Item No. 1 of Council resolution #396-61 adopted on June 12, 1961,
so as to make such adjusted hourly rates for each classification listed
therein effective with the first full pay period in September, 1961.
By Councilman Kleinert, seconded by Councilman Salvadore and unanimously
adopted, it was
#533-61 RESOLVED that, having considered the report and recommendation of
the Finance and Insurance Committee, dated August 1, 1961, the Council does
hereby amend its resolutions #488-61 and #489-61, adopted on July 31, 1961,
so that the salary and hourly rate adjustments provided therein shall be-
come effective with the first full pay period in September, 1961.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#534-61 RESOLVED that, in accordance with the report and recommendation
of the Finance and Insurance Committee, dated August 1, 1961, the Council
does herewith request the Civil Service Commission to prepare a completely
revised classification and rate schedule for the forthcoming (calendar)
year, together with recommendations to correct any salary or rate inequities
which such revised schedule discloses; and, in this connection, the Civil
Service Commission is requested to withhold submitting recommendations for
individual rate adjustments from time to time, but rather to submit all
such recommendations at one time immediately prior to the budget review for
the forthcoming year; and the attention of the Civil Service Commission is
directed to the general comments set out in the aforementioned report of
the Finance and Insurance Committee, copies of which have already been
forwarded to the Commission.
The President relinquished the chair to the Vice President at 9:10 P.M.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Kleinert, McCann, Bagnall, Daugherty, Ponder and Salvadore.
NAYS: None.
The President resumed the chair at 9:12 P. M.
By Councilman Kleinert, seconded by Councilman McCann, it was
#535-61 RESOLVED that, having considered the communication from the City
Treasurer, dated June 14, 1961, together with the subsequent information
submitted by the Treasurer under date of August 4, 1961, the Councildoes
hereby authorize payment to the County of Wayne of the following respective
sums
(1) $8,165.61 due for preparation of tax rolls, tax records and
replacement of obsolete equipment; and
Page 4919
(2) $9,457.69 for car, of the poor;
and authorizes the City Clerk and City Treasurer to prepare separate checks
in the above amounts payable to Harold E. Stoll, Wayne County Treasurer as
full payment of the invoices received in connection with the aforementioned
charges; and for this purpose, the sum of $5,075.46 is hereby transferred
from the Working Capital Fund of the Capital Improvement Account to the
following accounts:
$617.77 to Preparation of Tax Rolls, Budget Account 141-19; and
$4,457.69 to Care of the Poor, Budget Account 339;
and the City Clerk and City Treasurer are hereby authorized to do all things
necessary and incidental to the full performance of this resolution; and the
City Treasurer is requested to determine the residency of all persons listed
on the Care of the Poor report.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Ponder and unanimously
adopted, it was
#536-61 RESOLVED that, the report from the Chief City Engineer, dated
July 24, 1961, approved by the Mayor and Director of Public Works, and
requested by previous resolution #271-61, is hereby referred to the Water
and Sewer Committee of the Council for its recommendation.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#537-61 RESOLVED that, the report from the Chief City Engineer, dated
July 21, 1961, approved by the Mayor and Director of Public Works, and
requested by previous resolution #741-60, is hereby referred to the Streets,
Roads and Plats Committee of the Council for its report and recommendation.
An Ordinance Amending Ordinance No. 77 of the City of Livonia Known as the
Retirement Plan Ordinance by Deleting Section 5.04 from Article 5.00; Amending Sections
6.01, 6.02, 6.03, 6.04 and 6.05 of Article 6.00 and Adding Thereto Sections 6.06 and
6.07; Amending Sections 7.01, 7.02 and 7.03 of Article 7.00; and Amending Section
9.03 of Article 9.00 and Adding Thereto Section 9.09, introduced by Councilman Klwinert
on July 31, 1961, was taken from the table and a roll call vote conducted thereon with
the following results
Page 4920
AYES: Kleinert, Salvadore, McCann, Ponder, Daugherty and Bagnall.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become ef-
fective on publication.
At 9:25 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.
Councilman Bagnall read a letter dated August 14, 1961, from Hearthstone
Home Owners Association regarding the sidewalk on Brentwood between Pembroke and
Seven Mile Road.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#538-61 RESOLVED that, any action by the Engineering Division or the
Operations Division of the Department of Public Works relative to resolu-
tion #494-61, be withheld pending further direction by the City Council
after the Council has received additional information relative to the
subject.
By Councilman Salvadore, seconded by Councilman Ponder and unanimously
adopted, it was
#539-61 RESOLVED that, the request of the Municipal Judge, dated July 25,
1961, for a $600.00 car allowance is hereby referred to the Finance Committee
of the Council for its recommendation.
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
#540-61 RESOLVED that, the letter from the Superintendent of Clarenceville
Public Schools, dated July 27, 1961, regarding the City's participation in
the installation of a traffic light at Seven Mile and Lathers Avenue, is
hereby referred to the Director of Public Safety for a report and recom-
mendation.
By Councilman Salvadore, seconded by Councilman Kleinert, it was
#541-61 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer, dated July 31, 1961, approved by the Mayor and Director
of Public Works, the Council does hereby release to Mr. John F. Uznis, John
F. Uznis Builders, Inc., 24610 Michigan Avenue, Dearborn, Michigan, the
$2,000.00 bond deposited with the City in accordance with resolution #171-59
Page 4921
adopted on March 16, 1959, as amended by resolution #735-60 adopted on
December 12, 1960, in connection with improvements to be installed in Idyl
Wyld Estates Subdivision located in the Northeast 1/4 of Section 20, it
appearing from the aforementioned report of the Chief City Engineer that
all required improvements have been satisfactorily installed; and the City
Clerk and City Treasurer are hereby authorized to do all things necessary
and incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following results
AYESsKleinert, Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS:None.
By Councilman Ponder, seconded by Councilman Salvadore, it was
#542-61 RESOLVED that, having considered the report and recommendation of
the Chief City Engineer, dated July 24, 1961, approved by the Mayor and
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #523-59 adopted on August 24, 1959, and subsequently amended by
resolutions #204-60, #554-60 and #736-60, so as to further reduce the bond
for remaining improvements in Idyl Wyld Estates Subdivision No. 2 to
$4,000.00 to cover the cost of remaining improvements in said subdivision;
and the City Clerk and City Treasurer are herein 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
AYESs Kleinert, Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#543-61 RESOLVED that, the Council does hereby concur with the recommend-
ation dated August 1, 1961, from the City Planning Commission that Sunny
Acres Subdivision be given no further extensions of time.
By Councilman Salvadore, seconded by Councilman McCann and unanimously
adopted, it was
544-61 RESOLVED that, the letter from Katcher & Feldman, Attorneys-at- Law,
ted August 2, 1961, regarding a certain existing land contract by which
terms the City is purchasing property in Section 5, is hereby tabled for
consideration at a meeting of the Committee of the Whole.
By Councilman Kleinert, seconded by Councilman Ponder, it was
#545-61 RESOLVED that, Oakview Homes, Inc., 183151i. McNichols Road,
Detroit 19, Michigan, as proprietors, having requested the City Council to
approve the proposed plat of the following Subdivision: Lyndon Meadows
Su,;division No. 4, located in part of the Southeast 1/4 of Section 23,
Page 4922
City of Livonia; and it appearing that tentative approval of said proposed
plat was given by the City Planning Commission under date of April 18, 1961;
and it further appearing that said proposed plat, together with the plans
and specifications for improvements therein, have been approved by the De-
partment of Public Works under date of August 14, 1961; the City Council does
hereby approve said proposed plat on the following conditions:
(1) All of such improvements shall be installed in conformance with
the Plat Ordinance (No. 135) as amended, of the City of Livonia, and
the rules and regulations of the Department of Public Works, within a
period of two (2) years from the date of this resolution;
(2) That the installation of such improvements shall be supervised and
inspected by the Department of Public Works and such impfovements shall
not be considered as having been satisfactorily installed until there
is filed with the Council a Certificate as provided in Section 14 of
said Ordinance No. 135, as amended;
(3) That the City Clerk is not authorized to affix her signature to
said Plat until either said improvements have been satisfactorily in-
stalled or, in lieu thereof, there is filed with her by said pro-
prietors a bond to the City of Livonia, in such form as may be
approved by the City Attorney, and in the following amount:
$57,000.00, of which 10% shall be cash;
and until all inspection fees and other charges due to the City of
Livonia have been fully paid;
(4) That the proprietor submit to the City Engineer as-built plans of all
improvements installed in the subdivision, on cloth reproducible material;
(5) On full compliance with the above conditions and with the provisions
of said Plat Ordinance, as amended, the City Clerk is hereby authorized
to affix her signature to said Plat as evidence of this approval;
Provided, however, that tthe subdivision plat shall provide and include
within its limits a sixty (60) foot right-of-way for Oakview Drive and
that the proprietor shall install on such sixty (60) foot right-of-way
a full width concrete pavement with five (5) foot wide concrete sidewalk
and all other necessary improvements therein, in accordance with the
rules, regulations and ordinances of the City of Livonia.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Kleinert, Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman McCann, seconded by Councilman Daugherty, it was
RESOLVED that, having considered the report and recommendation of
the City Planning Commission, dated July 28, 1961, in regard to Petition No.
Z-511, submitted by Paris Home Builders, Inc., as amended by subsequent
petitions dated May 9, 1961 and June 15, 1961, the Council does hereby deny
the said petition in its original form and as amended for the following
reasons:
Page 4923
(1) That the requested zoning classification is neither in harmony
with nor in conformity with the existing development of the sur-
lbs
community; and
(2) That the requested zoning classification is neither consistent
with nor in accordance with the planned development of the surround-
ing community as shown and established by the Comprehensive Zoning
Plan and Master Plan of the City of Livonia.
The President relinquished the chair to the Vice President at 10:25 P. M., to speak
on the motion and resumed the chair at 10:28 P. M.
By Councilman Salvadore, seconded by Councilman Ponder and unanimously
adopted, it was
#546-61 RESOLVED that, consideration of Petition No. Z-511 be tabled
until the next study meeting of the Council.
By Councilman McCann, seconded by Councilman Salvadore and unanimously
adopted, it was
#547-61 RESOLVED that, having considered the report and recommendation of
the City Planning Commission, dated July 28, 1961, in regard to Petition No.
Lbw Z-507 submitted by P. Achitelli and R. Vidergar for change of zoning in the
Northeast i/4 of Section 3 from RUFB to M-1, the Council does hereby concur
in the recommendation of the City Planning Commission and Petition No. Z-507
is hereby granted; but only insofar as it relates to that portion of the
property originally described which lies north of the southerly line of tax
parcel 30a1, if extended easterly; and that said petition is granted subject
to the following conditions:
(a) That the petitioner erect a seven (7) foot protective wall con-
structed in accordance with the same requirements for walls between
commercial and residential districts and that such wall be installed
along and on the southerly line and along and on the westerly line of
the parcel being rezoned;
(b) That the petitioner furnish sufficient evidence to the City
Attorney indicating that he has recorded a deed restriction restrict-
ing the use of the south 150 feet of the property described in the
original petition to residential uses only; and
(c) That the petitioner agrees that he will not store any materials
to a height beyond the top of the protective wall hereinbefore re-
quired.
Councilman Jack Salvadore was excused at 10:30 P. M., for the balance of
the meeting.
By Councilman McCann, seconded by Councilman Daugherty and unanimously
adopted, it was
Page 4921.4
#518-61 RESOLVED that, Petition No. V-60 submitted by Mr. George Hanses
under date of July 31, 1961, for the vacation of a certain alley between
Stamford and Myron Streets, south of Seven Mile Road, located in the North-
east 1/14 of Section 13, is hereby referred to the City Planning Commission
for action and recommendation according to law and Ordinance No. 29.
By Councilman Daugherty, seconded by Councilman Ponder and unanimously
adopted, it was
#519-61 RESOLVED that, having considered the communication from the
Liquor Control Commission, dated July 25, 1961, and the recommendation
of the Director of Public Safety, dated August 4, 1961, the Council does
hereby approve of the request from Salem Hanna J oubran for transfer of
ownership of 1961 SIM licensed business from Livonia Coventry Supermarket,
Inc., located at 33500 Five Mile Road, Livonia, Michigan.
By Councilman Daugherty, seconded by C ouncilman McCann, it was
#550-61 RESOLVED that, consideration of bids for tractor are hereby
tabled until the next study meeting of the Council and the Kirchoff
Implement Company is requested to be present to give their views on
their bid for this equipment.
A roll call vote was taken on the foregoing resolution with the following results
AYES: McCann, Daugherty and Bagnall.
NAYS: Kleinert a nd Ponder.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman Ponder, it was
#551-61 RESOLVED that, having considered the report and recommendation of
the Superintendent of the Operations Division, dated August 14, 1961, ap-
proved by the Mayor and Director of Public Works, the Council does hereby
accept the bid of Morgan Watt Painting Company, 15849 Plymouth Road,
Detroit 27, Michigan, for painting the interior of the City Hall building
for the total price of $2,589.00, the Council having determined that the
experience, qualifications and references of the aforementioned company are
far superior to that of the lowest bidder.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman McCann, it was
#552-61 RESOLVED that,having considered the communication from the Super-
intendent and Chairman of Parks and Recreation, dated July 18, 1961, approved
cby the Mayor and Budget Director, the Council does hereby accept the bid of
Gametime, Inc., Litchfield, Michigan, for supplying the City with two (2)
sets animal swings for the total price of $766.80; twenty-five (25) table
Page 4925
metal frames for the total price of $1i27.50; and one (i) slide, fireman
type, for the total price of $3614.50, such having been in fact the lowest
total bid received which met the established specifications for same.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilpan Daugherty, seconded by Councilman McCann, it was
#553-61 RESOLVED that, having considered the letter dated August 4, 1961,
from Morton Salt Company advising of the reduction in price of Rock Salt to
$8,10 per ton delivered, the Council hereby accepts such revised rate for
the balance of the period which ends December 1, 1961.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Ponder, seconded by Councilman Daugherty, it was
11. #551.-61 RESOLVED that, having considered the report and recommendation of
the Superintendent of Operations Division, dated July 20, 1961, approved by
the Mayor and Director of Public Works, the Council does hereby accept the
bid of S. Weissman Excavating Company, 15496 Telegraph Road, Detroit,
Michigan, for installing fire hydrants in the City of Livonia for the total
price of $9,885.00, such having been in fact the lowest bid received for
this work, and for this purpose the additional sum of $2,361 .00 is authorized
to be expended from Water Supply Revenues.
A roll call vote was taken on the foregoing res olution with the following result:
AYES: Kleinert, McCann, Daugherty and Ponder.
NAYS: Bagnall.
The President declared the resolution adopted.
Councilman McCann introduced the following Ordinance, by title:
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PIPLIC GROUND
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission
dated June 29, 1961 on Petition No. V-59 for vacating a certain public utilities
easement is hereby accepted and adopted and the Council does hereby approve all pro-
ceedings on said petition, it appearing that a public hearing thereon was duly held
on June 20, 1961, as provided by law and that the proper notices of such hearing
were given.
Page 4926
Section 2. Pursuant to Ordinance No. 29 of the City of Livonia entitled,
Lep "An Ordinance Providing the Procedure for Vacating of Streets, Alleys and Public
Ground," as amended by Ordinance No. 50, and an alternate and substitute easement
dated July 114, 1961, having been granted to the City of Livonia, the following
easement is hereby vacated.
That portion of a public utilities easement described in
Petition No. V-59 and being more particularly described
as the East twelve (12) feet of the East thirty (30) feet
of the vacated street,previously known as Derby Street,
adjacent to and west of Lots 8 through 11, inclusive, of
Coventry Gardens Subdivision of the Southeast 1/4 of
Section 16, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan.
Section 3. All ordinances or parts of ordinances in conflict herewith
are hereby repealed only to the extent necessary to give this ordinance full force
and effect.
Section 4. Should any portioh 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 McCann introduced the following Ordinance, by title:
AN ORDINANCE AMENDING SECTION 10.17 OF ARTICLE 10.00
AND SECTION 11.19 OF ARTICLE 11.00 OF ORDINANCE NO.
60, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE
CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 10.17 of Article 10.00 of Ordinance No. 60, as amended,
entitled "Zoning Ordinance of the City of Livonia" is hereby amended to read as
followss
Section 10.17. Front and Side Yard Requirements. Except as herein-
before provided, each commercial building in any C-1 District shall have
a front yard not less than sixty (60) feet deep and each commercial build-
ing on corner lots in any C-1 District shall have a side yard of not
less than twenty-five (25) feet deep as measured from t he front or side
lot line, whichever is the case; provided, however, that where any such lot
or parcel abuts a major thoroughfare having an existing or planned width
of eighty-six (86) feet or more as shown on the Master Thoroughfare Plan,
the front and/or side yard shall be measured from the outside boundaries
of such major thoroughfare as shown on the said Master Thoroughfare Plan.
Notwithstanding the above, where there are existing commercial buildings
situated within one hundred (100) feet of the proposed building on the
Page 4927
same side of the street, then in such instances the required front or
side yard, whichever is the case, shall be the average depth of the front
or side yards of such existing commercial buildings, but not to exceed
sixty (60) feet in the case of a front yard or to exceed twenty-five (25)
feet in the case of a side yard.
Section 2. Section 11.19 of Article 11.00 of Ordinance No. 60, as amended,
entitled °Zoning Ordinance of the City of Livonia" is hereby amended to read as
follows:
Section 11.19. Front and Side Yard Requirements. Except as herein-
before provided, each commercial building in any C-2 District shall have
a front yard not less than sixty (60) feet deep and each commercial build-
ing on corner lots in any C-2 District shall have a side yard of not less
than twenty-five (25) feet deep as measured from the front or side lot
line, whichever is the case; provided, however, that where any such lot
or parcel abuts a major thoroughfare having an existing or planned width
of eighty-six (86) feet or more as shown on the Master Thoroughfare Plan,
the front and/or side yard shall be measured from the outside boundaries
of such major thoroughfare as shown on the said Master Thoroughfare Plan.
Notwithstanding the above, where there are existing commercial buildings
situated within one hundred (100) feet of the proposed building on the same
side of the street, then in such instances the required front or side yard,
whichever is the case, shall be the average depth of the front or aide yards
of such existing commercial buildings, but not to exceed sixty (60) feet in
Iwo the case of a front yard or to exceed twenty-five (25) feet in the case of
a side yard.
Section 3. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section 4. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of 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 Daugherty introduced the following Ordinance, by title:
AN ORDINANCE AMENDING SECTION 23 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
3.302.
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission
dated June 16, 1961, on Petition No.Z-505 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.
Page 4928
Section 2. Article 3.00 mf the Zoning Ordinance, Ordinance No. 60, as
ifts amended, of the City of Livonia, is hereby amended by adding thereto the following
section.
Section 3.302. Petition No. Z-505, as amended, submitted by
E. P. Burnside and Aaron Martin is hereby granted and the zoning
classification of the premises hereinafter described is hereby
changed from IJFB to C-1 as requested in said amended petition:
Lots 10a, 13 and 14 of Wolfram Estates
Subdivision;
and the Southeast i/4 of Section 23 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
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 t he next regular
meeting of the Council.
By Councilman Ponder, seconded by Councilman Kleinert and unanimously
adopted, it was
#555-61 RESOLVED that, the communication from the Michigan Municipal
League, dated August 1, 1961, regarding Livonia's request for flood plain
legislation, is hereby referred to the Department of Law for further specific
recommendations; and that department is requested to submit these recom-
mendations to the Council before the same are forwarded to the League.
The letter dated A ugust 1, 1961, from the Michigan Municipal League re-
garding the annual meeting, was received and placed on file.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
lbw #556-61 RESOLVED that, regular meetings of the Council of the City of
Livonia for the month of September, 1961, shall be held on Wednesday,
September 13th and Monday, September 18th and 25th.
Page 4929
By Councilman Daugherty, seconded by Councilman McCann, it was
ihr #557-61 RESOLVED that, having considered the report and r ec ommendati on of
the Chief City Engineer, dated August 8, 1961, approved by the Mayor and
Director of Public Works, the Council does hereby accept the unit price bid
(15 cents per square yard 3n thick) of Lynn Excavating & Grading Company
for grading, spreading topsoil and construction of parking lot surface
(proposed Contract No. 1) on the Farmington-Lyndon Park Site property at
its total estimated price of $30,586.30 (such acceptance on the understand-
ing and including the explanation set out in the letter dated August 7, 1961,
from the aforementioned company), such having been in fact the lowest bid
received for this work; and the Mayor, City Clerk and Director of Public
Works are hereby authorized to do all things necessary and incidental to
the full performance of this res oluti on.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Ponder,it was
#558-61 RESOLVED that, having considered the offer of The Detroit Edison
Company to participate equally with the City in the cost of eliminating and
relocating utility poles on the Farmington-Lyndon Park Site property, which
work is necessary in connection with the proposed improvement of such
property, the Council does hereby accept the offer of The Detroit Edison
Company and, for this purpose, hereby authorizes the payment to The Detroit
Edison Company of $1,570.50 from the monies heretofore provided for the
development of the Farmington-Lyndon Park Site; and the City Clerk and City
Treasurer are hereby authorized to do all things necessary and incidental
to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Kleinert, McCann, Daugherty, Ponder and Bagnall .
NAYS: None.
By Councilman McCann, seconded by Councilman Kleinert, it was
#559-61 RESOLVED that, having considered the report and recommendation of
the Chief City Engineer, dated August 8, 1961, approved by the Mayor and
Director of Public Works, the Council does hereby accept the unit price bid
of the Novi Building Service to install and construct storm sewers, sani-
tary sewers and water mains (proposed Contract No. 3 ) on the Farmington-
Lyndon Park Site property for the total estimated price of $20,522.11, such
having been in fact the lowest bid received for this work; and the Mayor,
City Clerk and Director of Public Works are hereby authorized to do all
things necessary and incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Kleinert, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
Page 4930
By Councilman McCann, seconded by Councilman Ponder and unanimously
adopted, it was
#560-61 RESOLVED that, having considered the letter from the Bel Aire
Woods Civic Association, dated August 8, 1961, and the communication from
the Police Department, dated August 9, 1961, in connection therewith, the
Council does hereby authorize the Police Department to close Robert Drive
from west of Flamingo to east of Sunset Avenue, from 8:00 P. M., August 19,
to 1:30 A. M., August 20, in order that the aforementioned association
might conveniently carry on its annual corn roast (at the Jefferson School
park).
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#561-61 RESOLVED that, in accordance with a joint meeting between the City
Council and the Zoning Board of Appeals, the Department of Law is hereby re-
quested to prepare an ordinance incorporating the sign regulations suggested
by the board as an amendment to the Zoning Ordinance and to thereafter trans-
mit the same to the City Planning Commission for public hearing and recom-
mendation to the City Council; and, in this connection, the Department of
Law is further requested to amend those sections of the Zoning Ordinance
pertaining to the requirement of a protective wall in accordance with the
Ism discussion at the aforementioned meeting and to thereafter transmit such
proposed ordinance to the City Planning Commission for public hearing and
recommendation to the City Council.
The report of the Municipal Court for the month of July, 1961, was re-
ceived and placed on file.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#562-61 RESOLVED that, the Council does hereby direct the attention of the
Department of Public Works to its request set out in resolution #218-61,
adopted on April 10, 1961, with the further request that this matter be
expedited and a report submitted to the Council as soon as is reasonably
possible.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#563-61 RESOLVED that, having considered the appeal of Mr. Gordon E.
Haggerty of 2961.8 Oakley, Livonia, to construct a swimming pool larger
than that permitted by Ordinance No. 305, as amended, the Council does
hereby grant to the above individual a modification which would permit
the construction of a swimming pool not to exceed eight hundred (800)
square feet in area on the property and premises at the above address;
provided, however, that all other requirements of Ordinance No. 305 are
complied with satisfactorily; and the Bureau of Inspection is requested
to do all things necessary or incidental to the full performance of this
resolution.
Page 4931
By Councilman Daugherty, seconced by Councilman McCann and unanimously
adopted, it was
#564-61 RESOLVED that, a request is hereby made to the Director of Public
Works relative to (1) the quantity of sewer tap-in inspections made since
the special meeting of August 9, 1961, and (2) the number of sewer tap-in
inspections made on the dates of August 12th and 13th and specific locations
thereof; said report to be submitted to the Council at the next study meeting.
On motion of Councilman McCann, seconded by Councilman Kleinert and
unanimously adopted, this 340th regular meeting of the Council of the City of Livonia
was duly adjourned at 11:00 P. M., August 14, 1961.
3
Ma. - W. Clark, City Clerk
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