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HomeMy WebLinkAboutCOUNCIL MINUTES 1960-01-25 Page 1223 MINUTES OF THE TWO HUNDRED NINETY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 25, 1960, the above meeting was held at 33001 Five Mlle Road, Livonia, Michigan, and was called to order by the President at am:raiiaately 8:32 P. M. Councilman Bagnall delivered the invocation. Roll was called with the following result: Present.- Austin T. Grant, Frank O'Neill, *-Sydney B. Bagnall, Rudolf R. Kleinert, Robert Sasser and Jack S alvadore. Absent-- *James R. McCann. By Councilman Kleinert, seconded by Councilman Sasser, it was #26.60 RESOLVED that, the minutes of the 296th regular meeting of the Council of the City of Livonia held on January 11, 1960, are hereby approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, *Bagnall, Kleinert, Sasser, Salvadore and Grant. NAYS: None. *Councilman Bagnall abstained from voting which is recorded as a yes vote under the provisions of Ordinance No. 27, Section 19. Marie W. Clark, City Clerk, informed the Council of the *Tar's veto of resolution #24-60, adopted January 22, 1960. Action was postponed for a later time in the meting, along with the minutes of the 51st special meeting. By Councilman Salvadore, seconded by Councilman Sasser and unanimously adopted, it was #27.60 RESOLVED that,the communication from the Mayor dated January 18, 1960, in regard to the request of Plymouth Township to connect to the Livonia Water Supply System, and the accompanying letters from the City of Detroit and C ounty of Wayne, are hereby referred to the Water and Sewer Board for its report and recommendation. The letter dated January 20, 1960, from the Mayor regarding the Budget was received and placed on file. Councilman Sasser introduced the following Ordinance: NO. Page 4224 AN ORDINANCE AMENDING SECTIONS 10.05, 10.07 AND 10.17 OF ARTICLE 10.00 AND SECTIONS 11.06, 11.08 AND 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. Sections 10.05, 10.07 and 10.17 of Article 10.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," are hereby amended to read as follows: Section 10.05. Front Yards for Commercial Buildings. No front yard is required for a commercial building in any C-1 District or any portion of a C-1 District which has a depth of one hundred (100) feet or less. Section 10.07. Side Yards; Commercial Corner Lots. Each com- mercial building in any C-1 District which is constructed on a corner lot shall have a side yard as hereinafter provided in this ordinance. Section 10.17. Front and Side Yard Requirements. Except as hereinbefore provided, each commercial building in any C-1 District shall have a front yard not less than forty (140) feet deep and each come rcial building 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 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 Thorough- fare Plan. Notwithstanding the above, where there are existing commercial buildings situated within three hundred (300) 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 side yards of such existing commercial buildings, but not to exceed forty (140) feet in the case of a front yard or to exceed twenty- five (25) feet in the case of a side yard. Section 2. Sections 11.06, 11.08 and 11.19 of Article 11.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," are hereby amended to read as follows: Section 11.06. Front Yards for Commercial Buildings. No front yard is required for a commercial building in any C-2 District or any portion of a C-2 District which has a depth of one hundred (100) feet or less. Section 11.08. Side Yards; Commercial Corner Lots. Each com- mercial building in any C-2 District which is constructed on a corner lot shall have a side yard as hereinafter provided in this ordinance. Section 11.19. Front and Side Yard Requirements. Except as here- inbefore provided, each commercial building in any C-2 District shall have Page }x225 a front yard not less than forty (i 0) feet deep and each commercial building 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 three hundred (300) 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 td e yards of such existing commercial buildings, but not to exceed forty (40) feet in the case of a front yard or to exceed twenty-five (25) feet in the case of a side yard. Section 3. Ordinance No. 257 is hereby specifically repealed and all other ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force aid effect. Section 4. °hould 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. The letter from the Chamber of Commerce regarding tax bills and Sunday closing ordinance was received aid placed on file for the information of the Council. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #28-60 RESOLVED that, pursuant to the requests contained in letters from St. Andrew's Episcopal Church dated January 14, 1960, and Hearth- stone Home Owner's Association dated January 11, 1960, the Council does hereby authorize and request the City Clerk to make application to the Detroit Edison Company on forms provided by such company for the ins talla- tion of street lamps of suitable lumen strength to be installed at the following locations: (a) at the intersectioh of Eight Mile End Brentwood Avenue in the City of Livonia; (b) at the intersection of Six Mile and Hubbard Roads in the City of Livonia; (c) at the intersection of Seven Mile and Weyher in the City of Livonia; Page 1226 it being the determination of the Council that such intersections re- quire lighting in order to protect the public safety of residents of this community. By Councilman Salvadore, seconded by Councilman Kleinert and unanimously adopted, it was #2960 RESOLVED that, having considered the report and recommendation of the Water and Sewer Board, dated January 5, 1960, the Coundl does hereby direct the Department of Law to prepare the proposed amendment to Ordinance No. 43 referred to in the above communication and submit the same to the Council as soon as is reasonably possible. By Councilman Bagnall, seconded by Councilman Salvadore and unanimously adopted, it was #30-60 RESOLVED that, having considered the communication from the Redford Township Lighting Commission, dated January 5, 1960, the Council hereby informs the township that this body has under consideration at the present time the installation of lights on major roads within the limits of the City of Livonia and that at such time as the Council has arrived at its final conclusions in regard to this matter, it will advise the township of its findings; and the City Clerk is hereby requested to trans- mit a copy of this resolution to Mr. Hugh E. Christiansen, Chairman, Redford Township Lighting Commission. By Councilman Sasser, seconded by Councilman O'Neill, it was #3160 RESOLVED that, having considered the request and recommendation from the Director of Public Safety and Police Chief, dated January 8, 1960, approved by the Mayor, the Council does hereby authorize the Police D apart- ment to have the Motorola Communications and Equipment Company of Detroit, Michigan, complete the conversion of the Police Department two-way radio equipment as outlined in the aforementioned communication, for the sum of $1,210.00, and for this purpose, the Council transfers such sum from the special budget account "Provisions for Capital Improvements" to Police Department Budget Account No. 23 (Radio Maintenance); and provided further that the Council has chosen to dispense with the taking of formal bids for this work for the reason that all existing radio equipment in the Police Department has been manufactured by Motorola and the conversion of the radio equipment can only be accomplished by the Motorola Coppany or persons using Motorola products to accomplish the conversion. A roll call vote was take n on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman O'Neill, it was #32-60 RESOLVED that, having considered the communication from the Page 4227 Director of Public Safety and Police Chief dated January 21, 1960, approved by the Mayor, the Council does hereby accept the bid of Tennyson Chevrolet, Inc., for supplying the City of Livonia with five (5) 1960 police vehicles at its submitted bid of $8,146.10 and four (!t) 1959 Ford vehicles for trade- in; and the Council does hereby elect to have the above vehicles each equipped with a 250 H. P. engine for the additional cost of $200.00, as indicated in the said bid; and for the purpose of this resolution, the Council does hereby transfer the sum of $1,].4.6.10 from the special budget account "Provisions for Capital Improvements"to Police Department Budget Account No. 704E (Capital Outlay-Cars). A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Salvadore and unanimously adopted, it was #33-60 RESOLVED that, the Council, having considered the request of the Tri City Cab Company, dated January , 1960, does hereby deny such request for the following reasons: (1) that such company has not been operating within the City of Livonia for a long enough period so as to enable the Council to determine whether or not this company is rendering satisfactory service to the residents of this community in accordance with all applicable ordinances, rules and regulations; (2) that the public convenience and necessity does not warrant at this time the authorization of any additional taxi cabs for use in the City of Livonia. *Councilman James R. McCann arrived at 8:55 P. M. By Councilman Salvadore, seconded by Councilman Sasser and unanimously adopted, it was #31t-60 RESOLVED that, having considered the communication from Mr. John Hulett, dated January 11, 1960, in regard to Petition No. Z-403, the Council does hereby amend resolution #760-59 adopted on November 23. 1959, so as to delete therefrom the following language: "prior to Decenber 5, 1959." The letter from citizens on Puritan venue protesting a decision of the Zoning Board of Appeals was received and placed on file. At this time, the Mayor's veto of resolution #24-60 was removed from the table for action by the Council. Page 1228 By Councilman Kleinert, seconded by Councilman Sasser, it was #35-60 RESOLVED that, resolution #24-60, adopted by the Council at the 51st special meeting held January 22, 1960, be and hereby is re- adopted, the sans as if word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore and McCann. NAYS: O'Neill and Grant. The President declared the resolution adopted. By CouncilmanSasser, seconded by Councilman Salvadore, it was #36-60 RESOLVED that, the minutes of the 51st special meeting of the Council of the City of Livonia held January 22, 1960, are hereby approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: *O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. *Councilman O'Neill abstained from voting which is recorded as a yes vote under the provisions of Ordinance No. 27, Section 19. **At 9:05 P. M., Councilman Sydney B. Bagnall was excused for the balance of the meeting. By Councilman Sasser, seconded by Councilman McCann and unanimously adopted, it was #37-60 RESOLVED that, having considered the communication from the Detroit Insurance Agency, dated January 13, 1960, in regard to hospitaliza- tion insurance, the Council does hereby refer the same to the Civil Service Commission for its information and reference. By Councilman Sasser, seconded by Councilman McCann and unanimously adopted, it was #38-60 RESOLVED that, the communication from Hayes Washed Sand and Gravel Company, dated January 15, 1960, is hereby referred to the Director of Public Works for his comment and report in regard to same. By Councilman Salvadore, seconded by Councilman McCann, it was #39.60 RESOLVED that, pursuant to the report and recommendation of the Superintendent, Operations Division, dated January 18, 1960, approved Page 11229 by the Director of Public Works, the Council does hereby accept the bid of the Badger Meter Manufacturing Company, 4545 W. Brown Deer Road, Milwaukee, Wisconsin, in the amount of $8,117.110, for supplying the City of Livonia with water meters; and the Council does hereby accept the bid of the Rockwell Manufacturing Company, 122 S. Michigan AvenuesChicago 3, Illinois, in the amount of $3,822.00 for supplying the City of Livonia with 12" Empire Compound water meters, such having been the lowest respective bids received for each of the requested items. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Kleinert, Sasser, Salvadore, MbCann and Grant. NAYS:None. By Councilman McCann, seconded by Councilman Sasser, it was #li.0-60 RESOLVED that, pursuant to the report and recommendation of the Superintendent, Operati cns Division, dated January 18, 1960, approved by the Director of Public Works, the Council does hereby accept the bid of the Reading Brass Company of Hillsdale, Michigan, in the amount of $13,185.11 for supplying the City with Type "K" Copper Tubing, such having been the lowest bid received for this item. A roll call vote was taken an the foregoing resolution with the following results AYES: O'Neill, Kleinert, Sasser, Salvadore, 4cCann and Grant. NAYS: None. By Councilman McCann, seconded by Councilman Kleinert, it was #141.-60 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated January 13, 1960, approved by the Director of Public Works, the Council does hereby anend Item No. 3 of Council resolution #659.57 adopted on August 26, 1957, so as to reduce the bond for remaining improvements in Har-Lo Subdivision to the amount of $9,000.00; and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following results AYES: O'Neill, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman McCann and unanimously adopted, it was #112-60 RESOLVED that, approval of Meadowview Subdivision No. 11 be tabled until the Planning Commission minutes are received by the Council. Page 4230 By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #43-60 RESOLVED that, having considered the communication from the Chief City Engineer dated January 18, 1960, approved by the Director of Public Works, in regard to the proposed Park Heights Subdivision to be situated in the Southwest 1/4 of Section 2, the Council does hereby refer the same back to the Planning Commission for its reconsideration of the proposed street design in such plat, it appearing from the above com- munication of the City Engineer that such street layout will make difficult the installation of water mains and will make more complicated the main- tenance of such water mains and streets; and the City Clerk is hereby re- quested to transmit a copy of the aforementioned communication to the City Planning Commission, together with this resolution. By Councilman Kleinert, seconded by Councilman O'Neill, it was #44-60 RESOLVED that, the Council does hereby request the City Planning Commission to establish a date for public hearing and to consider at such hearing whether or not Section 4.05 of Article 4.00 of the Zoning Ordinance, Ordinance No. 60, should be amended so as to include Section 21 amongst those sections of the City in which lots may be platted with an area of 7200 square feet and a minimum width of 60 feet, and thereafter to make its recommendation and transmit the same to the City Council. A roll call vote was taken an the foregoing resolution with the following results AYES: O'Neill, Kleinert, Sasser and Grant. NAYS: Salvadore and McCann. The President declared the resolution adopted. By Councilman O'Neill, seconded by Councilman Sasser, it was #45-60 RESOLVED that, the request of Morton Katz for the use of a certain portion of City property be tabled until the City Attorney makes a further study of this matter. A roll call vote was taken on the foregoing resolutioh with the following results AYES: O'Neill, Sasser, Salvadore, McCann and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Sasser, seconded by Councilman McCann and unanimously adopted, it was #46-60 RESOLVED that, having ccnsidered the communication from the Chief City Engineer dated January 19, 1960, approved by the Director of Page 4231 Public Works, in regard to the proposed construction of a sanitary sewer in Farmington hoed, the Council does hereby authorize the Mayor and City Clerk to affix their signatures to an agreement by and between the City of Livonia and the Professional Village, Inc., whereby the City agrees to save the latter harmless from any damages resulting to a certain building situated on Lot No. 200b1 of Supervisor's Livonia Plat No. 2 that might be caused by the construction and installation of the said sanitary sewer in and across the said lot; provided, however, that the proprietor of the said Professional Village, Inc., execute to the City of Livonia a Grant of Easement allowing the City of Livonia to construct and install the referred to sanitary sewer across the said Lot No. 200b1; and provided further, that the Engineering Division is hereby directed to require in the bid specifications and contract the necessary insurance coverage to save the City harmless from any damages described herein. The following preamble and resolution were offered by Councilman Salvadore and supported by Councilman Kleinert: #47-60 WHEREAS, it is necessary to locate, establish and construct a County drain to be located within the limits of the City of Livonia, with the exception of the outlet thereof, the location and route of said drain being as follows: Commencing at the Rouge River Bell Branch at a point in the Western Golf aid Country Club approximately 2000 feet east of Inkster Road and 1100 feet north of the east and west 1/4 line of Section 19, T. 1 S. R. 10 E., Redford Township, Wayne County, Michigan, thence southwesterly in the golf course along the north bank of the Bell Drain to Inkster Road, thence followirg the existing water course from Inkster Road approximately 2100 feet southwesterly and westerly to Lyndon Avenue, thence westerly on Iyndon Avenue and Iyndon Avenue extended to the west line of iddlebelt Road. AND WHEREAS, that portion of the above-specified route of the drain which is located in Redford Township represents the outlet of the drain only, being necessary to dispose of the storm waters collected by said drain to be located within the corporate limits of the City; AND WHEREAS in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for public health, the State of Michigan for drainage of State highways, and the County of Wayne for the d rainage of County highways; AND WHEREAS' Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in Chapter 20; Page !1232 AND WHEREAS, Section 1186 of said Act 110, Public Acts of Michigan, 1956, as amended, provides as follows: Sec. 1186. The terms of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the mayi.ng of the provisions of Chapter 20, of Act 40„ Public Acts of Michigan, 1956, as amended, applicable to the location, establishing aid c ors tructing of the drain set forth in the preamble hereof, and does hereby consent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act JPO, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing and constructing of the drain set forth in the preamble hereof, pursuant to Chapter 20 of Act 140, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Kleinert, Sasser, S alvadore, McCann and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman O'Neill and unanimously adopted, it was #118-60 RESOLVED that, having considered the communication from the City Planning Commission dated December 16, 1959, in regard to Petition No. Z-1420,, the Council does hereby concur in the changes to Section 4.115 of Article 4.00 of the Zoning Ordinance as being considered under the aforementioned petition. By Councilman Sasser, seconded by Councilman Salvadore and unanimously adopted, it was #119.60 RESOLVED that, having considered the communication from the Michigan Liquor Control Commission dated January 12, 1960, and the letter Page 4233 from the Livonia Police Department dated January 22, 1960, the Council does hereby approve the request from Danny's Lone Pine Inn, Inc., to add space to present location of 1959 Class C license at 30325 W. Six Mile Road, Livonia, which request includes a dance permit and an additional bar. On motion of Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, this 297th regular meeting of the Council of the City of Livonia was duly adjourned at 9:55 P. M., January 25, 1960. 1i �" - , Ma W. Clark, City Clerk