HomeMy WebLinkAboutCOUNCIL MINUTES 1961-10-23 Page 5012
MINUTES OF THE THREE HUNDRED FORTY-SIXTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On October 23, 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 8:50 P.M. Councilman McCann delivered the invocation. Roll was called
with the following result: Present-- aydney 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 Ponder and unanimmusly
adopted, it was
#725-61 RESOLVED that, the minutes of the 345th regular meeting of the
Council of the City of Livonia held October 9, 1961, and the 67th special
meeting held October 16, 1961, are hereby approved.
The letter from the Mayor, dated October 10, 1961, regarding connection
charges and sewage disposal rates in relation to shopping centers, was received and
placed on file for the information of the Council.
By Councilman Salvadore, seconded by Councilman Daugherty and unanimously
adopted, it was
#726-61 RESOLVED that, having been informed by the Mayor's letter dated
October 6, 1961, that the improvement of Middlebelt Road from Five Mile
Road to Eight Mile Road, has not been incorporated in the budget of the
Wayne County Road Commission, and the Council having been previously in-
formed by correspondence from the Road Commission that provision for such
improvement was to be included in such budget for the fiscal year ending
November 30, 1962, and in view of the fact
(a) that the Council on August 16, 1961 adopted its resolution
#566-61, agreeing to pay one-third (1/3) of the cost of such im-
provement, as previously requested by the Board; and
(b) that the aforesaid portion of Middlebelt Road as it exists
today cannot and does not adequately and safely provide for the
heavy and still increasing flow of traffic which is attracted by
the Brighton Expressway, the Detroit Race Track, the Wonderland
Shopping Center, and the Wayne Major Airport,
the Council respectfully requests that the Board of Wayne County Road Com-
missioners take whatever action is necessary to insure that the afore-
mentioned portion of Middlebelt Road can be improved during the 1962
calendar year.
Page 5013
The Council departed from the regular order of business to take up an
item on which people were waiting.
By Councilman Salvadore, seconded by Councilman McCann and unanimously
adopted, it was
#727-61 RESOLVEM that, the City Planner having submitted a proposed
"Buffer Plan" with respect to the design of the lots proposed to be
developed in the Burton Hollow Estates Subdivisions No. 3 and No. 4, and
such plan having been reviewed and discussed by the City Council, City
Planner and representatives of the Rouge Building Company at a study
session on October 18, 1961, and all of the aforementioned parties having
come to an understanding and agreement with respect, to a revised plan for
the development of certain lots in the said subdivisions, the Council does
therefore, in view of all of the foregoing, amend resolutions #301-60 and
#302-60, adopted respectively on May 23, 1960, so as to add to each of
said resolutions the following conditions:
That the proprietor shall submit a final plat or plats for the afore-
mentioned subdivisions consistent with the lot sizes shown on prints
for the aforementioned subdivisions, dated October 23, 1961, and
identified by the signatures of the City Planner and Mr. Joseph Slavik,
which prints and references thereon are adopted and made a part hereof
by this reference; and
That the Rouge Building Company submit together with the said plat or
plats, restrictive covenants in proper, recordable form, providing and
limiting the use of building sites within the aforementioned sub-
divisions in a manner consistent with the aforesaid prints dated
October 23, 1961, however, such covenants may be varied, modified or
amended upon the approval of the City Council in cases of practical
difficulty or hardship; and
That the compliance with the above conditions shall be considered to
be and shall be conditiors precedent to the City Clerk's authority to
affix her signature to the final plat or path for the proposed
Burton Hollow Estates Subdivisions No. 3 and No. 4; and
provided, further, that the Council does hereby rescind its resolution
#634-61, adopted on September 18, 1961.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#728-61 IL,,30LVED that, having considered the letter from Katcher and
Feldman, Attorneys-at-Law, dated August 2, 1961, regarding a certain exist-
ing land contract, and having considered the settlement suggested therein,
the Council does hereby authorize the Department of Law to negotiate a
further settlement with the land contract vendor and to submit to the
Council as soon as possible, the results of such negotiations together
with the recommendation of the Department of Law in connection therewith.
Page 5014
By Councilman Ponder, seconded by Councilman Kleinert, it was
#729-61 RESOLVE that, having considered the recommendations of the City
Planning Commission in conne ction with Petitions No. Z-457, Z-458 and Z-459
(0-1, C-2 and C-3 District Regulations), and because of the great deal of
time which has transpired since the original public hearings and recom-
mendations by the City Planning Commission, the Council does hereby deny
each of the aforementioned petitions and determines to take no further
action at this time in connection with same.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Kleinert, Salvadore and Bagnall.
NAYS: Daugherty and McCann.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Ponder, it was
#730-61 RESOLVED that, having considered the reports and recommendations
of the Chief City Engineer, dated September 29, 1961 and October 13, 1961,
approved by the Mayor and Director of Public orks, and the letter dated
October 19, 1961, from Burt Homes, Inc., relating to certain revisions made
in the preliminary plats of Meri-Lynn Farms Subdivisions No. 5 and No. 7,
approval of which was previously given in resolution #719-59, adopted on
November 9, 1959, the Council does hereby amend resolution #719-59 so as to
include reference to the aforementioned reports and recommendatic s of the
Chief City Engineer and does hereby approve of the revised preliminary
plats of Mere-Lynn Farms Subdivisions No. 5 and No. 7 as recommended in
the aforementioned reports and recommendations of the Chief City Engineer
and as shown on the plars received October 13, 1961 by the Engineering
Division from the proprietor, which plans are attached to the October 13,
1961 communication of the Engineering Division; and provided further
that this resolution shall not be construed as altering any of the other
terms or conditions of the aforesaid resolution #719-59; and the bonds,
as set out in the report and recommendation of the Chief City Engineer,
dated September 29, 1961, be revised as follows:
Meri-Lynn Farms Subdivision No. 5, a bond be established in the
amount of $38,000.00; amd.
Mere-Lynn Farms Subdivision No. 7, a bond be established in the
amount of $69,000.00.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleinert, Salvadore, McCann and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
Page 5015
#731-61 RESOLVED that, having considered the communications received
September 19, and October 13, 1961, from the North East Livonia Civic
Association, the Council does hereby advise such association that the
requested sidewalk along the south side of Eight Mile Road appears im-
practical at this time because
1. it is anticipated that Eight Mile Road will be widened in the
near future; and
2. the Council has been informed that the Central Elementary School
on the north side of Eight Mile Road is no longer used;
and the Council wishes to advise the as3ociation that the proposal for a
bridge over the Rouge Drain has been previously referred to the Engineering
Division and the Department of Law for their reports and recommendations
and will be acted upon by the Council as soon as the same are received.
Councilman Daugherty introduced the following Ordinance by title only:
AN ORDINANCE AMENDING SECTIONS 1J4.02 AND 14.03 OF
ARTICLE 11 .00 OF ORDINANCE NO. 60, AS AMENDED,
ENTITLED "ZONING ORDINANCE OF THE CITY OF LIIONIA."
THE CITY OF LIVONIA ORDAINS:
iimSection 1. Sections 11 .02 and 114.03 of Article 14.00 of Ordinance No. 60,
as amended, entitled "Zoning Ordinance of the City of Livonia," are hereby amended
to read as follows:
Section 1)1.02. Uses Permitted. In all M-1 Districts no building or
land shall be erected or used except for one or more of the following uses;
(a) Light industrial plants; machine shops; manufacturing of
furniture, hardware, jewelry, tools, dies, gauges, instruments,
patterns, tobacco products, leather goods, paint, varnish, plastic
articles, boxes, paper articles, wearing apparel, shoes, pharma-
ceutical articles and similar items; and small shops for fabricat-
ing, assembling and developing activities and processes.
(b) Any wholesale or jobbers business.
(c) Storage buildings, warehouses and yards for wholesalers, dis-
tributors and jobbers, and for lumber, building materials and
supplies, coal, coke, fuel and similar items.
(d) Laundry and dry cleaning establishments, cold storage plants,
bakeries, dairies and creameries, soft drink and bottling plants,
artisan and craftman shops, printing and engraving shops, radio
stations, millwork and lumber planing mills, tinsmith and sheetmetal
shops, and paint shops.
(e) Gasoline and oil service stations, garages, repair shops and
similar highway services.
Page 5016
(f) Terminal facilities and freight houses for railroads, truck
lines and motor transport.
(g) Uses similar to the above specified uses.
(h) Uses accessory or incidental to the above permitted uses.
(i) Drive-in theaters, after approval of the City Planning Commission,
where such use is located at least one thousand (1000) feet from arty
district zoned as residential.
Provided, however, that no use above specified shall be allowed where such
use is contrary to any of the provisions or conditions contained in this
article.
Section 114.03 Uses Prohibited. In all M-1 Districts no building shall
be erected or used, or land used, in whole or in part, for any one or more
of the following uses:
(a) Junk yards and businesses handling junk, wastes, trash or rubbish.
(b) Used auto parts or auto wrecking establishments.
(c) Incubation, raising or storing of poultry.
(d) Slaughtering of animals.
(e) Use or operation of punch presses, steam hammers, stamping machines,
forging equipment, except light punch presses and light stamping
machines which otherwise comply with this section.
(f) Heavy manufacturing, drop forging plants, foundries, and boiler
works.
(g) Uses causing or resulting in obnoxious, offensive, injurious,
dangerous or unhealthy odors, fumes, dust, smoke, noise, glare of
lights or vibration, or the accumulation of unsightly waste materials
on private or public property.
(h) All dwellings of every kind.
(i) All commercial and professional use unless the same is strictly
incidental to a principal use permitted in Section 14.02 of this
ordinance.
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
immreason, such holding shall not be cons trued 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 5017
The letter dated October 3, 1961, from the Department of Law in response
to resolution #572-61, regarding drainage problem in Belle-Mar Subdivision, was
received and placed on file.
By Councilman Ponder, seconded by Councilman McCann and unanimously
adopted, it was
#732-61 RESOLVE:I that, having considered the communications from the
Budget Director, dated September 29, 1961, and October 6, 1961, regarding
access to the city park site in Section 11, and the Council understanding
that such access might be made available by a grant of easement from the
Livonia Board of Education, the Council does therefore request the Engineer-
ing Division to prepare the necessary legal des cripti ons, and request, the
Department of Law to then negotiate with the Livonia Public Schools
School District toward obtaining a right-of-way which would provide
sufficient access to the aforementioned park site.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it wa,
#733-61 RESOLVM that, the communication received from The Detroit
Edison Company, dated October 10, 1961, regarding the installation of
street lights on Middlebelt rioad from Schoolcraft to West Chicago, is
hereby referred to the Committee of the ihole for its consideration and
recommendati on.
By Councilman Kleinert, seconded by Councilman McCann, it was
#7314-61 ILSOLVED tha t„pursuant, to the re c ommendati on of the City Treasurer,
dated October 9, 1961, the Council does hereby determine that the $915.30
payment made by the Northeast Construction Company (transmitted by their
letter of June 1, 1961), as a contribution toward the cost of the improve-
ment to be installed in Special Assessment District No.15, shall be credited
against such district and the total amount of Special Assessment District
No. 15 shall be reduced in the amount of $915.30, and that the initial
principal payment shall be proportionately reduced.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleinert, Salvador's, McCann and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#735-61 RESOLVED that, having considered the letter dated October 3, 1961,
from Genevieve A. Sherwood, regarding the contemplated paving of Cardwell
Street (Special Assessment District No. 15), the City Clerk is hereby re-
quested to forward to Mrs. Sherwood, 11395 Cardwell,Livonia, Michigan, a
Page 5018
copy of the preceding resolution and also copies of resolutions #639-61
and #718-61, adopted respectively on September 18 and October 9, 1961,
An Ordinance Amending Section 14 of Ordinance No. 216, Known as the
Financial Ordinance, introduced by Councilman McCann on October 9, 1961, was taken
from the table, given it second reading by title only, and a roll call vote con-
ducted thereon with the following result:
AYES: Daugherty, Ponder, Kleinert, Salvadore, McCann and Bagnall.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become ef-
fective on publication.
By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
#736-61 RESOLVED that, the letter dated September 6, 1961, from Mr.Gilbert
E. Nankins, and others, requesting the improvement of Norfolk Street between
Osmus and Merriman Road in the City of Livonia, is hereby referred to the
Engineering Division for its report and recommendation regarding the exist-
ing status of such road and estimated cost of improving same.
By Councilman Kleinert, seconded by Council/719.n Salvadore, it was
#737-61 RESOLVED that, having considered the request dated October 6, 1961,
from Harry Slatkin Builders, Inc., the Council does hereby readopt its
previous resolution #697-59 adopted on November 9, 1959, which resolution
approved of the proposed plat of the proposed Country Homes Estates Sub-
division No. 2, to be located in the Southwest 1/4 of Section 17, T. 1,
S., R. 9 E., Livonia, Wayne County, Michigan; that this action is taken
for the purpose of granting Harry Slatkin Builders, Inc., a two year
extension of time in which to comply with the conditions of the afore-
mentioned resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ponder, Kleinert, Salvadore, McCann and Bagiall.
NAYS: Daugherty.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman McCann, it was
#738-61 RESOLVjJJ that, having considered the report and recommendation
of the City Planning Commission, dated October 9, 1961, in regard to
Petition No. Z-515, submitted by Dr. R. D. Rabinovitch for change of
zoning in the Northeast 1/4 of Section 10 from R L A to PS, the Council
Page 5019
does hereby concur wi th the recommendat ion of the City Planning Commission
and the request contained in said Petition No. Z-515 is hereby denied since
the requested zoning is not in harmony with the existing zoning of the
surrounding community nor is it consistent with the existing development
of the surrounding community.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Daugherty, Kleinert, Salvadore, McCann and Bagnall.
NAYS: Ponder.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Salvadore and unanimously
adopted, it was
#739-61 RESOLVED that,the communication dated October 43 1961, received
from certain residents of Hidden Lane Street, requesting the installation
of a water line, and the recommendation of the Water and Sewer Board, dated
October 12, 1961, in connection therewith, are each referred to the En-
gineering Division for its report and recommendation as to:
(1) the desirability of accepting Hidden Lane as a public street;
(2) the estimated cost of the line to be constructed; and
(3) the number of existing and potential water users to be
serviced by such line, if installed.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#740-61 RESOLVED that, having considered the report and recommendation
of the Water and Sewer Board, dated October 12, 1961, regarding a certain
request from N3 nkin Township to make a connection to the Livonia Water
System, and also having considered the recommendation of the Engineering
Division, dated October 9, 1961, the Council does hereby approve of and
concur in the recommendation of the Water and Sewer Board, and in con-
nection therewith requests the Department of Law to prepare an agreement
to be executed by Nankin Township and the City of Livonia which agreement
shall contain the conditions set out in the said recommendation of the
Water and sewer Board and, also, those other conditions suggested by the
City of Detroit which are not inconsistent with the former; that upon such
agreement being prepared, as indicated above, the Mayor and City Clerk
are hereby authorized to execute the same for and m behalf of the City
of Livonia.
By Councilman Ponder, seconded by Councilman Kleinert, it was
#741.-61 RESOLVED that, having considered the recommendation and final
estimate of the Engineering Division, dated October 11, 1961, approved by
the Mayor and Director of Public Works, and being informed that the City
Page 5020
has received final waivers of lien from all sub-contractors, the Council
does hereby authorize the final payment in the amount of $6,521.83 to
Thomas E. Currie Company, 2531 Conner, Detroit 1)4, Michigan, which sum
represents the balance due on a contract between that company and the
City of Livonia, dated May 17, 1961, for the improvement of Levan Road;
and the City Clerk and City Treasurer are hereby authorized to do all
things necessary to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleinert, Salvadore, McCann and Bagnall.
NAYS: None,
By Councilman Daugherty, seconded by Councilman Salvadore, it was
#7)4.2-61 RESOLVED that, having considered the report and recommendation
of the Engineering Division, dated October 9, 1961, approved by the Mayor
and Director of Public Works, and having considered the revised plan dated
October 18, 1961, as shown on original plan dated November 17, 1960, and
having also considered the verbal recommendation of the Chief City Engineer
at the Council study session on October 18, 1961, the Council does hereby
approve of adding approximately 500 feet of 18" storm sewer to existing
contracts in connection with the construction of Livonia Drain No. 14, as
shown on the revised plan, and approves also of the expenditure of a sum
from the Livonia No. 1 Surplus Interest Construction Earnings Fund
sufficient to cover this addition to the aforesaid contract, the estimated
cost of which is $3,000.00.
A roll call vote was taken on the foregoing resolution with the following result:
AYiS: Daugherty, Ponder, Kleinert, Salvadore, McCann and Bagnall.
NAYS: None.
By Councilman Ponder, seconded by Councilman Salvadore, it was
#7/43-61 RZ,SOLV.1 that, having considered the report and recommendation
of the Chief City Engineer, dated October 14., 1961, approved by the Mayor
and Director of Public Works, the Council does hereby accept the easement
across the south 10 feet of Lot No. 206 in Lyndon Meadows Subdivision No. 3,
as offered by the Fairfield Development Company, in a Grant of Easement
dated June 28, 1961; and the City Clerk is hereby authorized to cause the
same to be recorded in the Office of the Wayne County Register of Deeds,
and to do all other 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: Daugherty, Ponder, Kleinert, Salvadore, McCann and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
Page 5021
#7144-61 RESOLVED that, having considered the report and recommendation of
the Chief City Ehgineer, dated September 28, 1961, approved by the Mayor
and Director of Public Works, the Council does hereby approve of construct-
ing a sanitary sewer crossover across Five Mile Road in accordance with the
map dated June 8, 1961, and attached to the aforementioned report and re-
commendation, the estimated cost of which is $14,200.001 and for that pur-
pose authorizes the Engineering Division to advertise and receive bids for
such construction; and it is the intention of the Council that such project
should be financed from existing sanitary sewer surplus funds now on deposit
with the Board of Wayne County Road Commissioners.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleinert, Salvadore, McCann and Bagnall.
NAYS: None.
Sy Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#7145-61 RESOLVED that, the communication dated August 31, 1961, from the
Chairman of the Traffic Commission regarding monthly car allowance for
members of the Traffic Commission, is hereby referred to the Committee of
the Whole for its consideration and recommendation.
The letter dated October 11, 1961, from the Morton Salt Company regarding
the price of salt, was received and placed on file for the information of the Council.
Councilman Daugherty introduced the following Ordinance by title only:
AN ORDINANCE AMENDING SECTIONS 12, 1141 18 AND 23 OF THE
ZONING MAP OF THE CITY OF LIVONIA, AND AMENDING ARTICIE
3.00 OF THE ZONING ORDINANCE,ORDINANCE NO.60,AS AMENDED,
OF THE CITY OF LIVnNIA, BY ADDING THERETO SECTIONS 3.30143
3.305, 3.306, 3.307 AND 3.308.
THE CITY OF LIVONIA ORDAINS:
Section 1. The reports and recommendations of the City Planning Commission
dated April 28, 1961 on Petition No. Z-491; dated July 28, 1961 on Petitions No, Z-503,
No. Z-509, as amended, and No. Z-511, as amended; and dated August 16, 1961, on Petition
No. Z-513, 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 pro-
ceedings heretofore conducted on said petitions are hereby approved.
Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No.601 as amended,
of the City of Livonia, is hereby amended by adding thereto the following sections:
Section 3.3014. Petition No. Z-491 submitted by Mike Sinacola, et al,
L. is hereby granted to the extent that the existing property- classified R-1-B
shall be reclassified as R-3, it being the understanding of the Council that
the petitioner intends to limit the use of the property zoned R-3 to housing
Page 5022
for the aged, and the zoning classification of the premises described
in said petition is hereby changed from R-1-B to R-3 as requested in
said petition an the Northwest 1/14 of Section 12 of the Zoning Map is
hereby amended to conform to the change made in this section.
Section 3.305. Petition No. Z-503 submitted by Earl Dahlin, et al,
is hereby granted and the zoning classification of the premises described
in said petition is hereby changed from RUF to R-L-A as requested in said
petition and the Southwest 1/14 of Section 23 of the Zoning Map is hereby
amended to conform to the change made in this section.
Se coon 3.306. Petition No. Z-509, as amended, initiated by the City
Planning Commission on its own motion is hereby granted and the zoning clasbi-
fication of the premises described in said amended petition is hereby changed
from RUP to R-L-A as requested in said amended petition 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 3.307. Petition No, Z-511, as amended, submitted by Goldman
and Grabow„ on behalf of J. Menuck, Paris Home Builders, is hereby granted
and the zoning classification of the premises described in said amended
petition is hereby changed from R-L-A to RM as requested in said amended
petition and the Southeast 1/4 of Section 18 of the Zoning Map is hereby
amended to conform to the change made in this section.
Section 3.308. Petition No. Z-513 submitted by Walter Rozycki on
behalf of the Franciscan Sisters is hereby granted and the zoning classifi-
cation of the premises described in said petition is hereby changed from
RUFB and C-2 to R-3, and the Southeast 1/4 of Section 1/4 of the Zoning Map
is hereby amended to conform to the change made in this section.
Section 3. The attached map designated "Amendment No. 78 of the Zoning Map
of the City of Livonialu 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 14. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to _ive 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 i or consideration at the
next regular meeting of the Council.
By Councilman Daugherty, seconded by Councilman Salvador° and unanimously
adopted, it was
#7/46-61 REeOLVa) that, the Livonia City Council does hereby record its
support of the recommendation expressed in the letter dated October 11,
1961, from City Planner D. R. McCullough to the Honorable Raymond D.
Page 5023
Dzendzel, State aenator, relative to the need for legislation or con-
stitutional amendment regziring land developers to donate land to
municipalities for school and park sites; and the Michigan Municipal
League is requested to pursue this recommendation in order to obtain
the support of other communities.
By Councilman Salvadore, seconded by Councilman Daugherty, it was
#747-61 RESOLVED that, having considered the report dated October 17, 1961,
from the Director of Public Works and the Director of Public Safety, approved
by the Mayor, and having considered also the communication attached thereto
dated August 23, 1961, from the Michigan Bell Telephone Company, and also the
attached report entitled &nergency Reporting System, the Council does hereby
approve of the installation of an Administrative Dial Telephone System and
Emergency Reporting Telephone Sys tern to the extent outlined in the afore-
mentioned communications, and for the cost set forth in such communications,
and for this purpose the Mayor and City Clerk are hereby authorized to
execute for and on behalf of the City of Livonia separate contracts with
the Michigan Bell Telephone Company providing for the installation of such
systems to the extent and for the cost set forth in the aforementioned com-
munications, and to do all other 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: Daugherty, Ponder, Kleinert, Salvadore, McCann and Bagnall.
NAYS: None.
At 9:37 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 McCann, seconded by Councilman Salvadore, it was
#748-61 RESOLVED that, pursuant to the power and authority vested in
the Council by Section 30, Chapter IV of the Charter of the City of
Livonia, the Council does herein establish the salary and compensation
of the Municipal Judge for that term of office commencing July !i., 1962,
and thereafter, at X11,500.00 per annum, such salary as authorized herein
shall be payable monthly.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleinert, Salvadore, McCann and Bagnall.
NAYS: None.
By Councilman Salvadore, seconded by Councilman McCann and unanimously
adopted, it was
Page 502)4
#719-61 RL�SOLV'D that, the communication from the Municipal Judge,
dated September 27, 1961, regarding an increase in compensation for the
Court Clerk, is hereby referred to the Committee of the Whole for its
consideration and recommendation.
By Councilman Daugherty, seconded by Councilman Ponder, it was
#750-61 REsOLVE) that, having considered the verbal recommendation of the
Water and Sewer Committee of the Council, together with the recommendation
of the algineering Division, dated June ]l.t., 1961, in regard to a certain
drainage problem on Cavell Street, the Council does hereby authorize the
Operations Division to proceed with the installation necessary to correct
this drainage problem as outlined in the aforementioned recommendation of
the Engineering Divisinn, but only after the owners of the property af-
fected (1)4751 Cavell, 1)4695 Cavell and 1)4715 Cavell) deposit with the City
5100.00 each, which sums will represent one-half (1/2) of the estimated
cost of materials necessary to accomplish this project, and to cover the
City's share in the cost of such materials, the sum of $300.00 is hereby
transferred from the Park Sites Account of the Capital Improvement Program
to Supplies Account of the Operations Division of the Department of Public
Works; and the Engineering Division is herewith instructed to submit to
the Department of Law all necessary easement descriptions in order that
the Departre nt of Law may thereafter negotiate for the acquisition of
easements which may be necessary in order to perform the above work.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleinert, Salvadore, McCann and Bagnall.
NAYS: None.
By Councilman Ponder, seconded by Councilman Kleinert and unanimously
adopted, it was
#751-61 RESOLVED that, having considered the report and recommendation
of the Director of Public Safety, dated October 12, 1961, approved by the
Mayor, as well as the communication from the Liquor Control Commission,
dated September 8, 1961, the Council does hereby approve of the request
from Robert and Dolores M. Bosman for transfer of ownership of 1961 SDM
licensed business from William E. and Hazel J. Clark, located at 29076
Plymouth Road, Livonia, Michigan.
By Councilman Daigherty, seconded by Councilman McCann, it was
#752-61 RESOLVEDthat, the Livonia Public Schools School District,
Wayne County, Michigan, having submitted to the City of Liv onia four (1i.)
separate Grants of Right-of-Way, each dated October 12, 1961, which
ins truments dedicate to the City of Liv onia for street and highway pur-
poses the following described property located in the City of Livonia,
Wayne County, Michigan:
North 30 ft. of that part of the N.W. 1/4. of Section 36 described
as beginning at a point on the W. line of said Section distant N.
0 degrees 30 minutes 50 seconds W. 6141.92 ft. from the W. 1/)4 corner
Page 5025
of Section 36 and proceeding thence N. 0 degrees 30 minutes 50 seconds
W. along said line, 673.54 ft; thence S. 89 degrees 59 minutes 50
seconds E. 990.69 ft.; thence S. 0 degrees 32 minutes E. 1313.02 ft.;
thence S. 89 degrees 51 minutes 40 seconds W. along the N. line of
West Chicago Ave. 659.10 ft.; thence N. 0 degrees 30 minutes 50
seconds W. 642.70 ft.; thence N. 89 degrees 59 minutes 50 seconds W.
332.0 ft.; to the point of beginning, for the opening of Orangelawn
Avenue.
* ,. ;;
W. 43 feet of that part of 1ne N.E. 1/4 of Sec. 23 described as be-
ginning at the center 1/4 corner of Sec. 23 and proceeding thence N.
0 degrees 23 minutes 56 seconds W. along the N. and S. 1/4 section
line, 664.60 ft.; thence due East, 657.?5 ft. thence due south
664.58 ft.; thence due west along the E. and W. 1/4 section line,
653.12 ft. to the point of beginning for the opening of Henry Ruff
Road, also
The S. 43 feet of that part of the N. E. 1/4 of Sec. 23 described as
beginning at the center 1/4 corner of Sec. 23 and proceeding thence
N. 0 degrees 23 minutes 56 seconds W. along the N. and S. 1/4 section
line, 664.60 ft.; thence due East 657.75 ft.; thence due south 664.58
ft.; thence due west along the E. and W. 1/4 section line, 653.12 ft.
to the point of beginning, for the opening of Lyndon Avenue.
North 43 feet of the North 7.50 acres of the E. 1/2 of the W. 1/2 of
Lbw the S. E. 1/4 of Sec. 22; also the north 43 ft. of the west 30 ft. of
the E. 1/2 of the S. E. 1/4 of Sec. 22 for opening of Lyndon Ave.
East 30 feet of that part of the S. W. 1/4 of Sec. 35 described as
beginning at a point on the S. line of said Section distant S. 89
degrees 51 minutes 30 seconds E. 830.0 ft. from the S. W. corner of
Sec. 35 and proceeding thence along the boundary of Meri-Joy Sub. due
North 1197.93 ft. and S. 89 degrees 51 minutes W. 19.0 ft. and due
north, 120.0 ft.; thence along the S. line of Grandon Woods Sub.
1472.24 ft. Thence 5. 0 degrees 16 minutes 27 seconds W. along the W.
line of Smiley-Ri.ngwald Sub. 1317.72 ft.; thence N. 89 degrees 51
minutes 30 seconds W. along the 5. section line, 1)1)16.93 ft. to the
point of beginning, for the opening of Hillcrest Avenue.
the City Council acting for the City of Livonia does hereby accept the
dedication of the aforedescribed properties for street and highway purposes,
and directs the City Clerk to cause the aforementi oned Grants of Right-of-
Way to be recorded with the Wayne County Register of Deeds as a record of
such acceptance.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Kleinert, Salvadore, McCann and Bagnall.
tar NAYS: None.
By Councilman Salvadore, seconded by Councilman McCann, it was
Page 5026
#753-61RESOLVED that, Council resolution #655-61, adopted on September
25, 1961, requesting the Department of Law to prepare a certain ordinance,
is hereby rescinded and the Election Commission is requested to submit an
additional report of those precincts not in conformity with State law as
regards machine precincts.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ponder, Salvadore„ McCann and Bagnall.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Salvadore, seconded by Councilman McCann and unanimously
adopted, it was
#75)4-61 RESOLVED that, in view of the action taken by resolution #753-61,
the City Clerk is hereby requested to revise the proposed budget for the
Eleation Commission for the next fiscal year and to submit the same to the
Council for its consideration as soon as it is reasonably possible.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#755-61 RESOLVED that, the Council does hereby direct the Mayor's at-
tention to the fact that the Budget as submitted to the City Council by
the Mayor did not include performance data for the office of the City
Clerk, which information is necessary in order for the Council to properly
consider this portion of the Budget.
By Councilman Salvadore, seconded by Councilman Ponder and unanimously
adopted, it was
#756-61 RESOLVED that, having considered the report and recommendation
of the City Planning Commission, dated October 18, ;_961, in regard to
Petition No. Z-527, submitted by the City Planning Commission pursuant to
Council resolution #674-61, for change of zoning in the Northeast 1/4 of
Section 30 from RUFB to M-2, the Council does hereby concur with the recom-
mendation of the City Planning Commission and Petition No. Z-527 is hereby
approved and granted; and the Department of Law is instructed to prepare an
ordinance amending Ordinance No. 60 in accordance with this resolution.
Councilman Daugherty introduced the following emergency Ordinance, by
title only:
No. 354
AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF THE
CITY OF LIVONIA. AND AMENDING ARTICLE 3.00 OF THE ZONING
ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF
LIVONIA BY ADDING THERETO uECTION 3.3 03
Page 5027
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission
dated June 29, 1961, on Petition No. Z-495 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 3.303. Petition No. Z-495, initiated by the City Planning
Commission 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 sixty
(60) decibles as measured at a point five (5) feet above the
property line; and
(3) That the owner of the manufacturing use shall erect a six (6)
foot masonry wall as is required between commercial and residential
uses;
and the zoning classification of the premises des cribed in said petition
is hereby changed from C-2 to M-1 as requested in said petition, and the
Northwest 1/4 of Section 3 of the Zoning Map is hereby amended to conform
to the change made in this section.
Section 3. The attached map designated "Amendment No. 77 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.
Section 6. This ordinance is hereby declared to be an emergency ordinance,
necessary to the protection of the public health, safety and welfare and shall take
effect immediately on publication.
A roll call vote was conducted on the foregoing Ordinance with the following result:
AYES: Daugherty, Ponder, Kleinert, Salvadore, McCann and Bagnall.
NAYS: None.
The President declared the ordinance duly adopted and would become effective on
publication.
Page 5028
By Councilman McCann, seconded by Councilman Kleinert and unanimously
adopted, it was
#757-61 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer, dated September 15, 1961, approved by the
Mayor and Director of Public works, regarding a proposed change in the
proposed plat of Kimberly Oaks Estates Subdivision No. 2, the Council does
hereby rescind its previous resolution #383-60 adopted on June 27, 1960,
as amended by resolution #440-60, ado- ted on July 25,1960.
By Councilman McCann, seconded by Councilman Daugherty, it was
#758-61 RESOLVED that, G. H. Pastor Development Company, 25544 Plymouth
Road, Detroit 39, Michigan, as prof rietors, having requested the City Council
to approve the proposed plat of the following Subdivision: Kimberly Oaks
Estates Subdivision No. 2, located in part of the Southwest 1/4 of Section
22, City of Livonia; and it appearing that tentative approval of said pro-
posed plat was given by the City Plann i_ng Commission under dat of October
20, 1959; and it further appearing that said proposed plat, together with
the plans and specifications for improvements therein, have been approved
by the Department of Public Works under date of October 20, 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 r_gulations of the Department of Public Works, within a
period of two (2) years from the date of this resolution;
(2) That the installation of such improvements shall be supervised and
inspected by the Department of Public Works and such improvements shall
not be considered as having been satisfactorily installed until there
is filed with the Council a Certificate as provided in Section 14 of
said Ordinance No. 135, as amended;
(3) That the City Clerk is not authorized to affix her signature to
said Plat until either said improvements have been satisfactorily
installed or, in lieu thereof, there is filed with her by said pro-
prietors a bond to the City of Livonia, in such form as may be ap-
proved by the City Attorney, and in the following amount:
$175,000.00, of which 4310,000.00 shall be cash;
and until all inspection fees and other charges due to the City of
Livonia have been fully paid;
(4) That the proprietor submit to the City ingineer as-built plans of
all improvements installed in the subdivision, on cloth reproducible
material;
(5) On full compliance with the above conditions and with the pro-
visions of said Plat Ordinance, as amended, the CityClerk is hereby
authorized to affix her signature to said Plat as evidence of this
approval; provided, however, that the storm water open ditches re-
Page 5029
ferred to in the letter dated October 20, 1961, from the Engineer, shall
be enclosed as a condition to the approval of this plat.
A roll call vote was taken on the foregoing resolution with the following result:
AYES; Daugherty, Ponder, Kleinert, alvadore, McCann and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Salvadore and unanimously
adopted, it was
#759-61 RESOLVED that, pursuant to the communication dated August 22, 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-
plication for Class C license above all other such applications heretofore
filed with the Commission and Council:
John L. Brown, President
Cloverlanes Bowl
6366 Woodward Avenue
Detroit, Michigan;
and in approving same, the Council recommends the issuance of a Class C
License to said applicant; 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.
On motion of Councilman McCann, seconded by Councilman Daugherty and
unanimously adopted, this 346th regular meeting of the Council of the City of Livonia
was duly adjourned at 10:20 P.M., October 23, 1961.
Ma 'e W. Clark, City Clerk