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HomeMy WebLinkAboutCOUNCIL MINUTES 1959-12-21 Page 4201 MINUTES OF THE TWO HUNDRED NINETY-FIFTH liEGULAR MEETING OF THE COUNCIL OF HE CITY OF LIVONIA On December 21, 1959, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President at approximately 8:35 P. M. Councilman Bagnall delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Sydney B. Bagnall, Rudolf R. Kleinert, Robert Sasser, Jack Salvadore and Jamas R. McCann. Absent-- Frank O'Neill. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #795-59 RESOLVED that, the minutes of the 294th regular meeting of the Council of the City of Livonia held December 7, 1959, are hereby approved. The letter dated December 11, 1959, from the Mayor regarding the proposed County Department of Public Works was received and placed on file for the information of the Council. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #796-59 RESOLVED that, the communication from the Mayor dated December 8, 1959, in regard to the matter of a Sunday Closing Ordinance, is hereby re- ferred to the Legislative Committee of the Council for its study, report and recommendation. The letter dated December 15, 1959, from the Mayor regarding the Reassessment Program wasreceived and placed on file for the information of the Council. The letter dated December 21, 1959, from the Mayor regarding standby water service for Plymouth Township was received and placed on file. By C0uncil,man Bagnall, seconded by Councilman Sasser, it was #797-59 RESOLVED that, having considered the report and recommendation of the Water and Sewer Board dated December 15, 1959, and pursuant to the re- commendation of the Chief City Engineer dated November 27, 1959, approved by the Director of Public Works, which communication is herein made by reference La part of this resolution, the Council does hereby request the Board of Wayne County Road Commissioners to make those improvements to the West Chicago Pumping Station recommended in the aforementioned communication from the Page 4202 Engineering Division and to prepare an agreement between such parties to provide for sane; provided also that the City of Livonia agrees to con- tribute the sum of $40,000.00 toward the installation of such improvements and for that purpose authorizes the use of such sum from the revenues of the Operation and Maintenance Account of the Water Budget of the Water and Sewer Division of the City of Livonia; and provided further that the Mayor and City Clerk are hereby authorized to affix their signatures to an agree- ment by and between the City of Livonia and the Board of Wayne County Road Commissioners providing for the improvements above referred to and do all other things necessary or incidental to the full performance of this resolu- tion; and the City Clerk is requested to immediately transmit a certified copy of this resolution to the Board of Wayne County Road Commissioners. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Salvadore, it was RESOLVED that, having considered the request from Mrs. Lucille Garrett dated November 5, 1959, in regard to the zoning classification of certain property situated in Section 11 of the City of Livonia and having considered the communication from the City Planning Commission dated Decem- ber 16, 1959, the Council does hereby amend its resolution #482-59 adopted on August 10, 1959, in regard to Petition No. Z-317 so as to add thereto the follow ing modification: "That the East 178 feet by 300 feet of Parcel A of the Southeast 1/4 of Section 11 shall remain as presently zoned, that is C-2." Aron call vote was taken on the foregoing resolution with the following results AYES: Salvadore, Kleinert and Grant. NAYS: McCann, Bagnall and Sasser. The President declared the resolution denied. Councilman Sasser introduced the following Ordinance: NO. AN ORDINANCE AMENDING SECTIONS 9, 10, 11, 1)4, 15 AND 16 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 3.251. THE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated December 8, 1958, June 2, 1959, June 23, 1959 and July 1, 1959 on Petition No. Z-317, 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 pro- Page 4203 ceedings 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 sections Section 3.251. Petition No. Z-317, as amended, initiated by the City Planning Commission is hereby granted and the zoning classifi- cations of the premises described in said amended petition are hereby changed in accordance with the zoning indicated on the Master Pattern of the Re-evaluation of Zoning Study dated July, 1958, prepared by the City Planning Commission of Livonia, and those certain portions of Sections 9, 10, 11 and the North 1/2 of Sections 14, 15 and 16 of the Zoning Map are hereby amended to conform to the change made in this section; provided, however, that none of that property, the zoning classification of which was affected by the following petitions: Z-290, Z-293, Z-315, Z-316, Z-365, Z-367, Z-371, Z-372, Z-373, Z-386, Z-389 and Z-396, shall be affected in any manner whatsoever by this ordinance. Section 3. The attached map designated "Amendment No. 57 of the Zoning Map of the City of Livonia," showing all of the amendments and changes made in the fore- going Section 2 of this ordinance is hereby approved, established and made a part thereof. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Se ction 5. Should any portion of this ordinance be held invalid for any reasonsuch 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 Sasser introduced the following Ordinances NO. AN ORDINANCE AMENDING SECTIONS 4, 5, 6, 7, 8, 16, 17, 18, 19, 20, 21, 28, 29 AND 30 OF THE ZONING MA,P 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 3.252. THE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated June 2, 1959 and July 1, 1959 on Petition No. Z-321, 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 4204 Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, is hereby amended by adding thereto the following sections Section 3.252. Petition No. Z-321, as amended, initiated by the City Planning Commission is hereby granted and the zoning classifi- cations of the premises described in said amended petition are hereby changed in accordance with the zoning indicated on the Master Pattern of the Re-evaluation of Zoning Study dated July, 1958, prepared by the City Planning Commission of Livonia, and those certain portions of Sections 4, 5, 6, 7, 8, 17, 18, 19, 20, 21, 28, 29, 30 and the South 1/2 of Section 16 of the Zoning Map are hereby amended to conform to the change made in this section; provided, however, that none of that property, the zoning classification of which was affected by the follow- ing petitions: Z-287, Z-324, Z-340 Z-344, Z-345, Z-348, Z-358, Z-360, Z-379, Z-392, Z-393- Z-394 and Z-398, shall be affected in any manner whatsoever by this ordinance. Section 3. The attached map designated "Amendment No. 58 of the Zoning Map of the City of Livonia," showing all of the amendments and changes made in the fore- going Section 2 of this ordinance is hereby approved, established and made a part thereof. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 5. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. The foregoing Ordinance WAS placed on the table for consideration at the next regular meeting of the Council. Councilman Kleinert introduced the following Ordinances NO. AN ORDINANCE AMENDING SECTION 4.37 OF ARTICLE 4.00 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA." THE CITY OF LIVONIA ORDAINS: Section 1. Subsection (e) of Section 4.37 of A ticle 4.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of'Livonia," is hereby amended to read as follows: Le. Section 4.37. 0ff-Street Parking; Requirements. In all zoning districts, off-street parking facilities for the storage or parking of self-propelled motor vehicles for the use of occupants, employees, and Page 4205 patrons of the buildings hereafter erected, altered or extended after the effective date of this ordinance, shall be provided and maintained as herein prescribed. (a) Loading space as required in Section 4.36 shall not be construed as supplying off-street parking space. (b) When units or measurements determining the number of re- quired parking spaces result in requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space. (c) Whenever a use requiring off-street parking is increased in floor area, and such use is located in a building existing on or before the effective date of this ordinance, additional parking space for the additional floor area shall be provided and maintained in amounts hereafter specified for that use. (d) For the purpose of this ordinance, "Floor Area," in the case of offices, merchandising or service types of uses, shall wean the gross floor area used or intended to be used for services to the public as customers, patrons, clients or patients or as tenants, including areas occupied for fixtures and equipment used for dis- play or sale of merchandise. (e) Off-street parking facilities for one or two family dwellings shall be located on the same lot or plot of ground as the building they are intended to serve. The location of required off-street park- ing facilities for other than one and two family dwellings shall be within three hundred (300) feet of the building they are intended to serve, measured from the nearest point of the aff-street parking facilities and the nearest point of the building. Such facilities for commercial and professional uses, in order to insure their use as a parking area for the building they are intended to serve, shall be located in a convenient and conspicuous position with reference to such building. For this purpose the area to the rear of the building shall be considered as satisfying this requirement only when the building is to have a heavily used public entrance in the rear. (f) In the case of a use not specifically mentioned, the re- quirements for off-street parking facilities for a use which is so mentioned and which said use is similar, shall apply. (g) Nothing in this section shall be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses, provided collectively, such facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table. (h) The amount of required off-street parking space for new imp uses or buildings, additions thereto and additions to existing build- ings as specified above shall be determined in accordance with the schedule set forth in Section 4.38 of this ordinance, and the space, so required, shall be stated in the application for a building permit and shall be irrevocably reserved for such use. Page 4206 (i) The surfacing, drainage and maintenance of all off-street parking space in any C-1, C-2, M-1 or M-2 district shall conform to the provisions of Section 13.06 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 aid effect. Section 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remain- ing portion of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bagnall introduced the following Ordinance: NO. AN ORDINANCE AFENDING SECTION 6.02 OF ARTICLE 6.00 OF ORDINANCE NO.60, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA." THE CITY OF LIVONIA ORDAINS: Section 1. Subsection (f) of Section 6.02 of Article 6.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," is hereby amended to read as follows: Section 6.02. Uses Permitted. In all R-2 Residential Districts, no building or land, except as otherwise provided in this ordinance, shall be erected or used except for one or more of the following specified uses: (a) All uses permitted in R-1 Districts. (b) Two family income dwellings. (c) Two family dwellings. (d) Private museums. (e) Boarding, rooming and lodging houses or tourist homes. (f) A residence may be used for a home occupation after ap- proval has been granted by the City Planning Commission provided: no goods are publicly displayed or sold on the premises, no sign or advertisement is shown thereon other than a sign not exceeding two (2) square feet in area bearing the name and occupation (word only) of the practitioner, the home occupation shall be of such nature that at no time will patrons be required to frequent the premises for the Page 14.207 purpose of buying goods or services, and the home occupation shall be of such nature that at no time will goods or supplies be delivered to the premises in order to facilitate the carrying out of such home oc- cupation. (g) Hospitals, institutions of a philanthropic and charitable nature, after approval has been granted by the City Planning Com- mission. (h) Private garages or community garages, either separated or in connected groups, having common and unpierced dividing walls be- tween contiguous private garages. (i) Buildings and uses customarily incident to the above per- mitted uses shall include not more than one (1) private garage or community garage which shall provide parking space for not more than three (3) motor vehicles per living unit, not more than one of which may be a commercial vehicle which shall not exceed one (1) ton capacity and shall be kept housed within a garage when not in use,provided said commercial vehicle is awned and operated by a member of the family who resides in said living unit. (j) Open parking lots for the storage of self-propelled passenger vehicles for periods of less than one (1) day, which shall be established and maintained as prescribed by Sections 13.05 to 13.10, inclusive, of this ordinance. (k) The storage or parking of trucks, truck tractors and truck trailers of over one and one-half (1.1/2) tons capacity, automobile trailers or the storage, parking or use of coaches, bus or street car bodies, or similar dwellings, tourist cabins, or tents, shall not be allowed or considered a legal accessory use in an R-2 district. This shall not prohibit the storage of one unoccupied house trailer, which is the property of the occupant. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remain- ing portion of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Salvadore, seconded by Councilman McCann and unanimously adopted, it was #798-59 RESOLVED that, having considered the request from the Michigan Bell Telephone Company dated November 19, 1959, requesting that the City Page 4208 of Livonia grant a certain ten foot easement right-of-way to the Bell Telephone 'ompany for public utility purposes, and having considered the report and recommendation of the Chief City Engineer dated December 21, 1959, the Council does hereby grant such request; and the Mayor and City Clerk are hereby authorized to affix their signatures to the right-of-way agreement attached to the above referred to communication of the Michigan Bell Telephone Company, and to do all other things necessary or incidental to the full performance of this resolution. By Councilman McCann, seconded by Councilman Bagnall and unanimously adopted, it was #799-59 RESOLVED that, having considered the request dated December 4, 1959, from Arthur A. Swanson, 14070 Stamford, Livonia, Pachigan, and in accordance with the provisions of Act 73 of the Public Acts of 1959, the Council does hereby approve of dividing the following lots: Lot 704, Lot 705, the West 25 feet of Lot 703 and the North 40 feet of Lot 686, Coventry Gardens Subdivision, Southeast 1/4 of Section 16, City of Livonia, into separate parcels in the following manner: Parcel 1: The north 40.0 feet of Lot 686, the South 47.36 feet of Lot 705, the South 47.36 feet of Lot 704, and the South 47.36 feet of the West 25.0 feet of Lot 703, Coventry Gardens, being a subdivision of the S. E. 1/4 of Section 16, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; Parcel 2: Lot 705, except the South 47.36 feet thereof, Lot 704, except the South 47.36 feet thereof, and the West 25.0 feet of Lot 703 except the South 47.36 feet thereof, Coventry Gardens, being a subdivision of the S. E. 1/4 of Section 16, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. By Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, it was #800-59 RESOLVED that,the report and recommendation of the Director of Public Works dated December 2, 1959, approved by the Mayor, in regard to a drainage problem existing in Melody Manor Subdivision, is hereby referred to the Streets, Roads and Plats Committee of the Council for study, report and recommendation. By Councilman Sasser, seconded by Councilman McCann, it was #801-59 RESOLVED that, having considered the communication from the iis Department of Law dated December 3, 1959, the Council does hereby approve of the proposed lease agreement attached thereto by and between the General Motors Corporation, as Lessor, and the City of Livonia, as Lessee, in con- nection with certain property on the. East side of Middlebelt Road presently Page 4209 referred to as the "Little League Property" and the Council does hereby authorize the Mayor and City Clerk to execute such an agreement for and on behalf of the City of Livonia 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: Salvadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Couhoilman Bagnall, seconded by Councilman Salvadore, it was #802-59 RESOLVED that, having considered the recommendation of the Civil Service Commission dated December 11, 1959, the Council does hereby approve of and concur with the recommendation of the Civil Service Commission that on and after January 10, 1960, the City continue its coverage with the Michigan Medical Service M-75 Certified Contract Hospitalization Program; and the Council does hereby transfer the sum of $660.00 from the Provision for Other Supplies and Services Account to the Employee Benefit Account- Hospitalization Insurance, to cover the additional cost resulting from this change in the hospitalization insurance plan of the City of Livonia; how- ever, the Council requests that the Civil Service Commission study and secure information and data in connection with hospitalization plans and programs other than that offered by the Michigan Medical Service and that after obtaining such material and data, to establish a date to meet with the City Council for the purpose of reviewing the same. A roll call vote was taken on the foregoing resolution with the following results AYES: Salvadore, McCann, Bogner', Kleinert, Sasser and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman *Cann, it was #803.59 RESOLVED that, having considered the request of the Director of Public Safety dated December 10, 1959, the Council does hereby transfer the sum of $3,000.00 from the Provision for Additional Personnel Account to the Police Department Budget Account No. 1 (Salaries) to cover the cost of using existing police personnel for extra duty at their regular rate of pay; provided, however, that no portion of the above sum shall be used for extra duty purposes after January 10, 1960. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, it was Page 4210 #804-59 RESOLVED that, the recommendation of the Traffic Commission dated December 10, 1959, in regard to the widening of the intersection of Five Mile Road and Farmington Road, is hereby referred to the Chief City Engineer for his action. By Councilman McCann, seconded by Councilman Sasser, it was #805-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated December 9, 1959, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolution #171-59 adopted on March 16, 1959, so as to reduce the bond for remaining improvements in Idyl Wyld Estates Subdivision to the amount of $8,000.00; 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: Salvadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #806-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated December 4, 1959, approved by the Director of Public Works, the Council does hereby authorize the release to Burt Homes, Inc., 16021 W. McNichols Road, Detroit 21, Michigan, of the $200.00 bond now on deposit with the City of Livonia in accordance with the requirements of Council resolution #439-56 adopted on July 2, 1956, as amended by Council resolution #473-59 adopted on July 27, 1959, which bond was deposited to insure the installation of improvements in Meri-Lynn Farms Subdivision, it appearing from the aforementioned report of the Engineering Division that such improvements have been instal led in accordance with the requirements of the Department of Public Works; 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 result: AYES: Salvadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman McCann, seconded by Councilman Bagnall, it was #807-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated December 4, 1959, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolu- tion #640-56 adopted on October 1, 1956, so as to reduce the bond for re- maining improvements in the Young & Yagoda Subdivision to the amount of $1,700.00; and the City Clerk is hereby requested 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: Page 4211 AYES: Salvadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman McCann, it was #808-59 RESOLVED that, pursuant to the report and recommendation of the Chief Cityaigineer dated December 11, 1959, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolution #283-59 adopted on May 11, 1959, so as to reduce the bond for remaining im- provements in Burton Hollow Estates Subdivision No. 2 to the amount of $140,000.00; and the City Clerk is hereby requested to do all things neces- sary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following results AYES: Salvadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: None. The report of the Municipal Court for the month of Novenber, 1959, was received and placed on file. By Councilman Bagnall, seconded by Councilman Salvadore, it was #809-59 RESOLVED that, having considered the communication from the Budget Director, dated December 15, 1959, the Council does hereby accept the bid of Michigan Mutual Liability Company for Comprehensive Commercial Liability Insurance at its submitted bid of $3,7014..52, and also accepts the bid of Midwest Underwriters, Inc., for Fleet Personal Liability and Property Damage and Comprehensive, Collision and Towing Insurance at its submitted bid of $14,170.29, such having been in fact the lowest respective bids received for each of the above items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Bagnall and unanimously adopted, it was #810-59 RESOLVED that, a public hearing having been held on May 18,1959, for the purpose of determining whether or not to install sidewalks on Arcola, Cardwell and Cavell Streets, between Plymouth Road and Grantland Avenue in the Southeast 1/14 of Section 25 of the City of Livonia, the Council does hereby determine that the present necessity for such im-• provement is not so sufficient as to warrant the establishment of a special assessment district therefor; provided, however, that this action is taken without any prejudice to future reconsideration of the aforementioned im- Page 1.212 provement at a future date some time after the present Livonia Drain No. 1, Lnow under construction, has been finally installed and completed. By Councilman Bagnall, seconded by Councilman McCann, it was #811-59 RESOLVED that, the period within which taxes due December 1, 1959, may be paid without penalty is hereby extended until 8:30 o'clock P. M., Monday, February 29, 1960. A roll call vote was taken on the foregoing resolution with the following results AYES: Salvadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, it was #812-59 RESOLVED that, the Council hold a joint meeting with the Mayor, the Chamber of Commerce and representatives of the Michigan Bell Telephone Company to discuss telephone rates and listings in the City of Livonia. On motion of Councilman Sasser, seconded by Councilman McCann and L unanimously adopted, this 295th regular meeting of the Council of the City of Livonia was duly adjourned at 9:38 P. M., December 21, 1959. 4,,,,7-------;&Z)---f-122.v Ma . Clark, City Clerk 1