HomeMy WebLinkAboutCOUNCIL MINUTES 1959-03-09 Page 3828
MINUTES OF THE TWO HUNDRED SEVENTY-SECOND REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On March 9, 1959, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President at approximately 8:36
P. M. Councilman Sasser delivered the invocation. Roll was called with the follow-
ing result: Present-- Austin T. Grant, Frank O'Neill, Sydney B. Bagnall, Rudolf R.
Kleinert, Robert Sasser, Jack Salvadore and James R. McCann. Absent-- None.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#132-59 RESOLVED that, the minutes of the 271st regular meeting of the
Council of the City of Livonia held February 23, 1959, and the 44th special
meeting held March 2, 1959, are hereby approved.
By Councilman Bagnall, seconded by Councilman O'Neill, it was
RESOLVED that, resolutions #108-59 and #109-59, adopted by the
Council on February 23, 1959, be and hereby are rescinded.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall and Grant.
NAYS: Sasser, Salvador°, McCann and Kleinert.
The President declared the resolution denied.
The President referred to the Mayor's letters dated March 4, 1959 vetoing
resolutions #108-59 and #109-59. There was no action taken by the Council at this
time.
Councilmen Salvadore and Sasser were excused at 8:45 P. M., and returned
at 8:55 P. N.
By Councilman Salvadore, seconded by Councilman Sasser and unanimously
adopted, it was
#133-59 RESOLVED that, the proposed budget for the Water and Sewer
Division of the Department of Public Works far the year ending February,
1960, is hereby referred to the Water and Sewer Board for report and
recommendation.
By Councilman Bagnall, seconded by Councilman Salvador° and unanimously
adopted, it was
Page 3829
#134-59 RESOLVED that, the letter dated March 9, 1959, from the Mayor,
regarding the proposed Redford Shaw Drain Project, be tabled for further
study.
By Councilman Kleinert, seconded by Councilman Sasser, it was
#135-59 RESOLVED that, pursuant to the report and recommendation of the
Department of Law dated March 3, 1959, in regard to Lots 309, 310, 311, 312
and 313 of Grennada Park Subdivision, which property is the subject of Wayne
County Circuit Court Case No. 573-602 entitled Morton Katz vs. City of
Livonia, and the Council having determined that while such property is
desirable for public purposes, the City does not have and will not have
in the foreseeable future sufficient funds to purchase same; therefore,
the Council does hereby rescind resolution #491-58 adopted on July 28, 1958,
which resolution was in regard to Petition No. Z-273 of Morton and Minnie
Katz asking for change of zoning classification on the above described
parcels, and that having considered the report of the Department of Law
dated March 3, 1959, and in view of the inability of the City to purchase
such property at this time, Petition No. Z-273 of Morton and Minnie Katz
asking for change of zoning classification in the Northwest 1/4 of Section
22 from CC to C-2 is hereby approved and granted; and the Department of Law
is instructed to prepare an amendment to Zoning Ordinance No. 60 in accordance
with this resolution; and further that all other resolutions in conflict
herewith be and hereby are rescinded.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: O'Neill and Bagnall.
The President declared the resolution adopted.
By Councilman Sasser, seconded by Councilman Kleinert, it was
#136-59 RESOLVED that, the City Clerk is hereby requested to transmit
a copy of the previous resolution to the City Planning Commission, and it
is the Council's recommendation that the City Planning Commission consider
deleting from the Master Plan and removing the Civic Center designation
from the property described in Petition No. Z-2?3 submitted by Morton and
Minnie Katz, thich petition is dated February 28, 1958.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: O'Neill and Bagnall.
The President declared the resolution adopted.
A report from the Finance and Insurance Committee was read by Chairman
Sydney B. Bagnall. Councilman Sasser read a minority report of the Finance and
Insurance Committee.
Page 3830
By Councilman Bagnall, seconded by Councilman *Cann, it was
RESOLVED that, the Department of Law is hereby authorised to
enter into negotiations with Claire W. Ditchy Associates, 1232 S. Woodward
Avenue, Royal Oak, Michigan, in connection with the design and construction
of two fire stations in this City.
By Councilman Kleinert, seconded by Councilman Sasser, it was
RESOLVED that, the foregoing resolution be amended to authorise
the Department of Law to prepare two contracts, one for Ditchy Associates
and one for Joseph Cyr, each to be awarded a contract for the construction
of a fire station in the City of Livonia.
A roll call vote was taken on the foregoing amendment with the following result:
AYE'S O'Neill, Kleinert, Sasser and Salvadore.
NAYS: Bagnall, *Cann and Grant.
The President declared the amendmeit adopted.
A roll call vote was taken on the resolution as amended, as follows:
#137-59 RESOLVED that, the Department of Law is hereby authorized to
enter into negotiations with Claire W. Ditchy Associates, 1232 S. Woodward
Avenue, Royal Oak, Michigan, and Joseph Cyr and Associates, each to be
warded a contract for the construction of a fire station in the City of
Livonia4
with the following result:
AYES: O'Neill, Kleinert, Sasser and Salvadore.
NAYS: Bagnall, *Cann and Grant.
The President declared the resolution, as amended, adopted.
The Ordinance entitled "An Ordinance to Provide for the Inspection and
Regulation of all Commodities Sold by Measure, Weight or Numerical Count; to Provide
for the Appointment of a Sealer of Weights and Measures, and to Provide for Penalty
for Violations of said Ordinance," introduced by Councilman Kleinert on February 23,
1959, was taken from the table and a roll call vote conducted thereon id.th the
following results
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, MCCann and Grant.
NAYS: None.
The President declared the ordinance duly adopted as d would become effective on date
of publication.
Page 3831
Councilman McCann was excused at 9:18 P. M.
The Ordinance entitled, "An Ordinance A ending Section 17.02 of Article 17.00
of Ordinance No. 60, as amended, entitled 'Zoning Ordinance of the City of Livonia',"
introduced by Councilman Kleinert on February 23, 1959, was taken from the table and
a roll call vote conducted thereon with the following result:
AYES: Kleinert, Sasser and Salvadore.
NAYS: O'Neill, Bagnall and Grant.
The President declared the Ordinance denied.
By Councilman Sasser, seconded by Councilman Kleinert, it was
#138-59 RESOLVED that, having considered the letter from Benton Yates,
Superintendent of Livonia Public Schools, dated August 29, 1958, request-
ing the opening of the 143 foot North 1/2 of Curtis Avenue for a distance
of approximately 100 feet adjacent to a proposed school site in the North
1/2 of Section 11 and having considered the report of the Chief Engineer
dated March 3, 1959, that the cost of such construction will be $2,640.00,
the Council does hereby authorize the opening of the above referred to
portion of Curtis Avec ue and instructs the Department of Public Works to
perform such work and to charge sane against existing budget appropriations.
A roll call vote vas taken on the foregoing resolution with the fbllowing result:
AYES: O'Neill, Bagnall, Kleinert, Sasser,Salvadore and Grant.
NAYS: None.
The letter dated February 11, 1959, from the Michigan Department of Health
in regard to expansion and relief of major portions of Wayne County Sewerage System
was received and placed on file.
By Councilman Sasser, seconded by Councilman Bagnall and unanimously
adopted, it was
#139-59 RESOLVED that, the Council does hereby acknowledge receipt of
City Planning Commission resolution #12-405-58 adopted on December 23,
1958, which resolution certifies to the Council an amendment to the Master
Thoroughfare Plan deleting Hix and Lyndon Roads in Section 19 of the City
of Livonia.
By Councilman Bagnall, seconded by Councilman Sasser, it was
0- RESOLVED that, pursuant to the request contained in a letter
#].!t 59
dated February 4, 1959, from the Holman Park Civic Association, the Council
Page 3832
does herein authorize and request the City Clerk to make application to
The Detroit Edison Company, on forms provided by such company, for the
installation of street lamps of suitable lumen strength to be installed
at the intersections of Norwich aid Seven Mile Road and Whitby and Seven
Mile Road, it being the determination of the Council that such intersections
require lighting in order to protect the public safety of the residents of
this community.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvador° and Grant.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Bagnall, it was
#1111-59 RESOLVED that, having considered the claim of Mrs. Clarence Gray
of 27595 Goff Avenue, Livonia, Michigan, received in December, 1957, for
alleged damages in the amount of $225.00 arising from the loss of a certain
number of Iris bulbs, which damage allegedly occurred during the installation
of a water main by the City of Livonia, the Council does hereby determine
that said amount shall be paid to the aforementioned Mrs. Gray and shall be
charged against the proper account in the Water and Sewer Division budget;
provided, however, that said sum shall be paid to Mrs. Clarence Gray only
after a satisfactory release is executed by such party releasing the City
of Livonia from all claims in connection with the water line installation
referred to above.
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 Sasser introduced the following Ordinance:
NO.
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
THE CITY (F LIVONIA ORDAINS:
Section 1. The reports and recommendations of the City Planning Commission
dated November 25, 1958, on Petition No. V-38 and Petition No. V-39 for vacating
portions of certain streets, alleys and public ground are hereby accepted and adopted,
and the Council does hereby approve all proceedings on said petitions, it appearing
that a public hearing thereon was duly held on November 11, 1958 and November 18, 1958,
as provided by law and that proper notices of such hearing were given.
Section 2. Pursuant to Ordinance No. 29 of the City of Livonia entitled
»y: Ordinance 'Providing the Procedure for Vacating of Streets, Alleys and Public
Ground," as amended by Ordinance No. 50, the following portions of certain streets,
alleys and public ground are hereby vacated:
Page jojs
(a) That certain alley described in Petition No. V-38, and
being more properly described as follows: The East 129.57' of a 201 alley
lying South of Seven Mlle Road between Woodring and Loveland Avenues and
adjacent to lots 797 through 799 of the Supervisor's Livonia Plat #13,
located in the Northwest 1/4 of Section 10, City of Livonia, T. 1 S., R. 9
E., Wayne County, Michigan, provided, however, that there be and hereby is
reserved an easement for the full width of such alley for public utilities
and surface drainage.
CO) Those certain alleys described in Petition No. V-39, and
being more properly described as follows: The North-South alleys lying
between Pickford Avenue and the alley South of Seven Mile Road and adjacent
to lots 92-93 through 57-128; 164-165 through 129-200; 236-237 through
201-272; and 308-309 through 273-344 of the Beverly Gardena Subdivision
located in the N. W. 1/4 of Section 11, City of Livonia, T. 1 S., R. 9 E.,
Wayne County, Michigan, provided, howe ver, that there be and hereby is
reserved an eighteen foot easement for the full width of the present alleys
for public utilities and surface drainage purposes.
Section 3. All ordinances or parts of ordinances in conflict herewith
are hereby repealed only to the extent necessary to give this ordinance full focce
and effect.
Section 4. Should any portion of this ordinance be held invalid for arty
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 Bagnall, seconded by Councilman Salvadore and unanimously
adopted, it was
#1112-59 RESOLVED that, pursuant to the report and recommendation of the
City Planning Commission dated March 2, 1959, in regard to Petition No.
Z-348 of Custom Land Company for change of zoning classification in the
Southwest 1/4 of Section 16 from AGB to R-1-A, the Council does hereby
concur in such recommendation and said Petition No. Z-348 is approved; and
the Department of Law is hereby instructed to prepare an ordinance amending
Ordinance No. 60 in conformity with this resolution.
By Councilman Sasser, seconded by Councilman Kleinert and unanimously
adopted, it was
#143-59 RESOLVED that, pursuant to the report and recommendation of the
City Planning Commission dated March 2, 1959, in regard to Petition No.
Z-364 of G. H. Pastor Development Company for change of zoning classification
in the Southwest 1/4 of Section 22 from RUFB to R-1-A, the Council cbes
hereby concur in such recommendation and said Petition No. Z-364 is approved;
and the Department of Law is hereby instructed to prepare an ordinance amend-
ing Ordinance No. 60 in conformity with this resolution.
rage }u'd4
By Councilman Kleinert, seconded by Councilman Sasser and unanimously
adopted, it was
#144-59 RESOLVED that, having considered the request from Warner and
Warner, Civil Engineers, 828 Farwell Building, Detroit 26, Michigan, dated
February 24, 1959, the Council does hereby approve of the change in name
suggested in that letter, that is the renaming of Schuigren Subdivision
No. 4 to New Joy Subdivision; and the City Clerk and City Engineer are
herein aithorized to do all things necessary to the full performance of
this resolution.
By Councilman Salvador°, seconded by Councilman Sasser and unanimously
adopted, it was
#145-59 RESOLVED that, having considered the request of Michael Trash,
27705 Joy Road, Garden City, Michigan, to tap into the Livonia Sewage System,
and having also considered the letter from the Water and §ewer Board dated
February 17, 1959, the Council does hereby grant said request and authorizes
the Water and Sewer Division to grant to such party a permit to tap into
the Livonia Sewage System on the following conditions:
(1) That the Engineering Division of the Department of Public
Works indicates that said sewer is of sufficient capacity that
this additional connection will not be detrimental to the Livonia
Sewage Disposal System;
(2) That the aforementioned Mr. Michael Trash bear the entire
cost of making such connection to the Livonia Sewage System and
that the aforementioned Mr. Trash pay to the City of Livonia the
proper maintenance charge established in Ordinance No. 224 for
non-residents and pay also a connection fee at the rate of $7.10
per front foot as also provided for in that ordinance;
and provided further that the Water and Sewer Division, when issuing the
connection permit, inform Mr. Trash and endorse on the face of such permit
that the connection shall only be authorized until such time as Nankin
Township attempts to provide sanitary sewer facilities to such property
and that the connection to the Livonia Sewage Disposal System shall terminate
at such time as the Township of Nankin does provide adequate sanitary
facilities to the aforementioned property, that is 27705 Joy Road, Garden
City, Michigan.
By Councilman Salvadore, seconded by Councilman Sasser and unanimously
adopted, it was
#146-59 RESOLVED that, the Council does hereby acknowledge receipt of the
letter from the Water and Sewer Board dated February 17, 1959, containing
the policy of that board in connection with requests from non-residents for
connecting to the Livonia Sewage Disposal System, and further, the Council
recommends that there be added to the policy stated in that letter a con-
dition that any such connection authorized shall terminate at such time
as the particular unit of government involved provides adequate sanitary
Page 3035
sewer facilities for the particular piece of property being serviced by
the Livonia Sewage Disposal System, and that such limitation be endorsed
on the face of each such connection permit when issued.
By Councilman Sasser, seconded by Councilman Salvadore, it was
#1117-59 RESOLVED that, Mr. Bruce Polozker, 81150 W. McNichols Road, Detroit
21, Michigan, as proprietor, having requested the City Council to approve
the proposed plat of the following Subdivision: Kingsbury Heights Subdivision,
located on the Northwest corner of Five Mile and Levan Roads in the Southwest
1/14 of Section 17, City of Livonia; and it appearing that tentative approval
of said proposed plat was given by the City Planning Commission under date of
February 17, 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 January 16, 1959; the City
Council does hereby approve said proposed plat on the following conditions t
(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 regulati ons 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 improve-
ments shall not be considered as having been satisfactorily in-
stalled 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
proprietors a bond to the City of Livonia, in such form asmay be
approved by the City Attorney, and in the following amounts:
Kingsbury Heights Subdivision $218,000.00
Kingsbury Heights Subdivision No. 2 109,000.00
and until all inspection fees and other charges due to the City
of Livonia have been fully paid;
(4) That the proprietor submit to the City Engineer as-built
plans of all improvements installed in the subdivision, on cloth
reproducible material;
(5) On full compliance with the above conditions and with the
provisions of said Plat Ordinance, as amended, the City Clerk is
hereby authorized to affix her signature to said Plat as evidence
of this approval.
A roll call vote was taken an the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
rage joio
A recess was called at 9:32 P. M., after which the meeting resumed with all
members present who were named as present in the original roll call of this meeting.
By Councilman Kleinert, seconded by Councilman Sasser, it was
#1148-59 RESOLVED that, Donna Development Company, 19771 James Couzens
Highway, Detroit 35, Michigan, as proprietors, having requested the City
Council to approve the proposed plat of the following Subdivisions Sunset
Manor Subdivision located in the Southeast and Southwest 1/1 of Section 11,
City of Livonia; and it appearing that tentative approval of said proposed
plat was given by the City Planning Commission under date of January 6, 1959;
and it further appearing that said proposed plat, together with the plans
and specifications for improvements therein, have been approved by the Depart-
ment of Public Works under date of February 27, 1959; the City Council does
hereby approve said proposed plat on the following conditions:
(1) All of such improvements shall be installed in conformance
with the Plat Ordinance (No.135) as amended, of the City of Livonia,
and the rules and regulations of the Department of Public Works,
within a period of two (2) years from the date of this resolution;
(2) That the installation of such improvements shall be supervised
and inspected by the Department of Public Works and such improve-
ments shall not be considered as having been satisfactorily in-
stalled until there is filed with the Council a Certificate as pro-
vided in Section 114. 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 a atisfactorily
installed or, in lieu thereof, there is filed with her by said
proprietors a bond to the City of Livonia, in such form as may be
approved by the City Attorney, and in the following amount:
- - Four Hundred Sixteen T housand Dollars - - ($1416,040.00) -
and until all inspection fees and other charges due to the City
of Livonia have been fully paid;
(4) That the proprietor submit to the City Engineer as-built
plans of all improvements installed in the subdivision, on cloth
reproducible material;
(5) On full compliance with the above conditions and with the
provisions of said Plat Ordinance, as amended, the City Clerk is
hereby authorized to affix her signature to said Plat as evidence
of this approval;
Provided, however, that the proprietor deposit with the City, prior
to the effective date of this resolution, the sum of $2,000.00 to
cover the cost of necessary off-site cleaning of existing drains.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: OtNeill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
Page 3037
By Councilman Sasser, seconded by Councilman Bagnall, it was
#149-59 RESOLVED that, having considered the report aid recommendation
of the C hief City Engineer and approved by the Director of Public Works
dated February 25, 1959, the Council does hereby amend Item No. 3 of Council
resolution #516-56 adopted August 13, 1956, so as to establish a bond in the
amount of $250.00 to cover remaining sidewalk installation in Sleepy Hollow
Subdivision.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, *Cann and Grant.
HAYS: None.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
#150-59 RESOLVED that, pursuant to the request of the City Assessor dated
February 26, 1959, the Council does hereby authorize and approve of trans-
ferring the sum of $260.00 from City Assessor's Budget Account No. 1 (Salary)
to City Assessor's Budget Account No. 1-A for-the purpose of providing an
additional $115.00 compensation for the present assistant City Assessor,
$100.00 for the purpose of engaging additional personnel, and $45.00 for the
Board of Review.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvador°, I&Cann and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Sasser, it was
#151-59 RESOLVED that, having considered the recommendation of the Depart-
ment of Law dated February 18, 1959, in regard to a certain claim of Nankin
Township for rates and charges for connecting to the sanitary sewer line in-
stalled by the City of Livonia south from Joy Road to the Middle Rouge Inter-
ceptor, the Council does hereby assign to the Township of Nankin any and all
rights to connection charges and rates acquired by the City of Livonia in the
following described Grants of Easement:
(1) An easement from Mrs. Inez O'Connor, 28105 Joy Road, Garden
City, Michigan, dated December 16, 1957; and
(2) An easement from Mr. Frederick P. Esper, 27950 Ann Arbor
Trail, Garden City, Michigan, dated December 27, 1957.
A roll call vote was taken an the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvador°, McCann and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilmen Bagnall and unanimously
Page 3838
adopted, it was
#152-59 RESOLVED that, having considered the letter from the Department
of Law dated February 18, 1959, the Council does hereby refer the letter
from John J. Nellie, Nankin Township Attorney, dated February 10, 1959, to
the Water and Sewer Board with the recommendation that they consider the
comments of Mr. Nellie in regard to Nankin Township residents connecting
to the City of Livonia Water System and with the recommendation that they
take such comments into consideration in formulating a policy in regard to
such matter.
By Councilman Sasser, seconded by Councilman McCann and unanimously
adopted, it was
#153-59 RESOLVED that, having considered the offer of Herman A. Band
dated February 18, 1959, to sell certain lots in the Botsford Park Sub-
division to the City of Livonia, the Council does hereby decline to accept
such offer, having determined that the property is not urgently needed for
recreational purposes and the Council having also determined that the City
is not financially able to purchase any property except property that is
urgently needed for public purposes.
By Councilman Salvadore, seconded by Councilman Bagnall, it was
#154...59 RESOLVED that, having considered the recommendation of the Mayor
dated February 19, 1959, and the letter from the Parks and Recreation Com-
mission dated February 13, 1959, in regard to a certain 24 acre park site
situated west of Merriman Road between Bell Creek and Grove Drive, the
Council does hereby authorize the Department of Law to advertise for and
receive bids for the sale of such property, it having been determined by
the Council in a previous resolution, that is resolution #65443 adopted
on September 11 , 1953, that such parcel is not suitable as a general park
nor as a playground or for recreational purposes.
A roll call vote ways taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
The letter from the Traffic Commission regarding proposed installation of
cross-arms at C & 0 Railroad crossing on Farmington Road was withdrawn from the
agenda at the request of the Department of Law.
By Councilman Saiwadore, seconded by Councilman McCann and unanimously
adopted, it was
im. #155.59 RESOLVED that, consideration of the purchase of property in the
Southeast 1/4 of Section 12 for a park site be tabled for a ninety day
period.
Page 3839
Councilman Salvadore was excused at 10:40 P. M.
By Councilman Sasser, seconded by Councilman Kleinert and unanimously
adopted, it was
#156-59 RESOLVED that, having considered the recommendation of the Livonia
Police Department dated March 2, 1959, and the letter from the Michigan Liquor
Control Commission dated November 12, 1958, the Council does hereby approve
the request from ACF-Wrigley Stores, Inc., for a new SDM license to be
located at 29401 Plymouth Road, Livonia, Michigan.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#157-59 RESOLVED that, having considered the recommendation of the Livonia
Police Department dated March 2, 1959 and the letter from the Michigan Liquor
Control Commission dated January 22, 1959, the Council does hereby approve
the request from Mary L. Myers and Bernard A. Davidson to transfer ownership
1958 SDM license from Germain A. Chisholm, located at 29211 Fenkell, Livonia,
Michigan.
By Councilman O'Neill, seconded by Councilman McCann, it was
#158-59 RESOLVED that, resolution #137-59 authorizing negotiations for
contract with two architects to construct fire stations in the City of
Livonia be and hereby is rescinded.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, McCann and Grant.
NAYS: Kleinert and Sasser.
The President declared the resolution adopted.
By Councilman O'Neill, seconded by Councilman McCann and unanimously
adopted, it was
#159-59 RESOLVED that, consideration of an architect for the construction
of fire stations in the City of Livonia be referred to the Committee of the
Whole.
By Councilman Bagnall, seconded by Councilman Kleinert and unanimously
adopted, it was
#160-59 RESOLVED that, having considered the recommendation of the City
Planning Commission dated October 27, 1958, in regard to Petition No. Z-312,
which petition proposes an amendment to Zoning Ordinance No. 60 to require
the construction of protective walls on commercial properties, the Council
does hereby approve of such petition.
Page 3840
Councilman Kleinert introduced the following Ordinance:
NO.
AN ORDINANCE ANENDING SECTION 4.45 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. Section 4.45 of Article 4.00 of Ordinance No.60, as amended,
entitled "Zoning Ordinance of the City of 4vonia," is hereby amended to read as
follows:
Section 4.45. Protective Walls. Notwithstanding other pro-
visions of this ordinance where off-street parking areas or rear yards
of commercial properties adjoin or are contiguous to any residential
district or districts, the owner shall provide and constfuct a continuous,
unpierced and reinforced poured concrete masonry or hardburned brick wall
not less than five (5) feet nor more than seven (7) feet in height to
adequately screen such parking or commercial district from abutting
residential districts, the height of said wall to be measured from the
surface of the parking or commercial lot. Such wall shall be constructed
on the rear easement line rather than on the rear lot line of the particular
commercial property; provided, however, that where the construction of such
wall on a rear easement line will work grhardship on a particular property
owner because of the location and size of such easement or for any other
special circumstance, this requirement may be modified by the Zoning Board
of Appeals. All plans and specifications of such wall shall be submitted
to the Division of Engineering of the Department of Public Works for their
approval and such wall shall be constructed in strict accordance with the
plans and specifications entitled "Standard Details, Masonry Protective
Wall Construction," dated March 5, 1959, on file with said Engineering
Division. The construction of such wall shall not be commenced until a
building permit has been secured from the Bureau of Inspection. It shall
be the responsibility of the owner of the premises on which any protective
wall is located to maintain and keep the area between such protective well
and the rear lot line of such property free and clear of any debris, trash,
weeds and waste of any material and at all times to keep such area in a
neat, clean and orderly fashion.
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 . Should any portion of this ordinance be held invalid for any
reason, auholding shall not be construed as affecting the validity of the remain-
ing portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
rage 3841
Councilman Kleinert introduced the following Ordinances
NO.
AN ORDINANCE AMENDING SECTION 30.0 OF ORDINANCE
NO. 12 OF THE CITY OF LIVONIA ENTITLED, " AN OR-
DINANCE REGULATING AND LICENSING CERTAIN BUSINESSES
IN TEE CITY OF LIVONIA AND PROVIDING PENALTIES FOR
VIOLATION THEREOF."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 30.0 of Ordinance No. 12 of the City of Livonia entitled,
"An Ordinance Regulating and Licensing Certain Businesses in the City of Livonia and
Providing Penalties for Violation Thereof," is hereby amended as follows:
Section 30.0. Fees and Bonds Required.
30.1 The fee required to be paid and the amount of any bond
required to be posted to obtain any license to engage in the operation,
conduct or carrying on of any business for which a license is required by
the provisions of this ordinance shall be based upon the type of orders
taken, number of facilities or employees, goods or merchandise sold, or
inspection or regulation required and upon the length of time for which
such license is issued, and no license shall be issued to any applicant
unless he first pays to the proper authority the fee and posts a bond in
the amount required for the type of license desired, as indicated in the
following schedules
;LICENSE FEE AND BONDS
Bowling Alley:
First alley, $5.00 per year.
Each additional, $1.00 per year.
Boxing and Wrestling Exhibition, $10.00 per day.
Coal and Coke:
Each truck, $2.00 per year.
Dance Hall, $15.00 per year.
Dance School, $5.00 per year.
Dry Cleaning, Pressing, Dyeing or Laundry:
For each local plant or place of business, $3.00 per year.
For each delivery vehicle, where plant is not operated
within the City of Livonia, $10.00 per year.
Employment:
Agency, $15.00 per year.
Gasoline Service Station:
First pump, $5.00 per year.
Each additional pump, $1.00 per year.
Junk Yard, 400.00 per year.
Mechanical Amusement Devices $5.00 per year.
Mechanical Music Device: $2.50 per year.
Mechanical Vending Devices
i'"" Machines taking pennies and pickles, $1.25 per year.
Page 3842
Machines taking pennies, pickles and dimes, $2.50 per year.
Machines taking coins in excess of dimes, $5.00 per year.
L Peddlers, $5.00 per day; $25.00 per month; $100.00 per year.
Bond - $1.000.00.
Pool and Billiard Roome:
First table, $5.00 per year.
Each additional, $1.00 per year.
Produce Merchants:
Class A - $2.00 per year.
Class B - $10.00 per year.
Class C - $35.00 per year.
Second-Hand Merchant: $25.00 per year.
Skating Rink, $15.00 per year.
Theatre (per seat), $.03 per year.
Transient Merchant, $10.00 per day; $35.00 per month;
$150.00 per year. Bond - $1,000.00.
30.2. Each peddler licensed under this ordinance shall be entitled
to not more than one helper or assistant who shall pay a license fee equal
to one-half of the fee paid by such peddler.
30.3. A separate license and fee shall be required for each place
of business, location or vehicle used by any transient merchant.
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 . Should any portion of this ordinance be held invalid for any
reason, such ho 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 Salvadore returned at 10:45 P. M.
By Councilman McCann, seconded by Councilman Sasser and unanimously
adopted, it was
#161-59 RESOLVED that, regular meetings of the Council of the City of
Livonia be held on March 16, 1959, at 8:30 P. M., and March 23, 1959 at
8:00 P. M., and eliminating the meeting previously established for March
30, 1959.
On motion of Councilman Bagnall, seconded by Councilman &Cann and
unanimously adopted, this 272nd regular meeting of the Council of the City of Livonia
Lwas duly adjourned at 11:00 o'clock P. M., March 9, 1959.
_ -- /'
' ' ' i-
Marie�r. Clark, City Cleric