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HomeMy WebLinkAboutCOUNCIL MINUTES 1959-05-11 Page 3917 MINUTES OF THE TWO HUNDRED SEVENTY-EIGHTH REGULAR )FETING OF IHE COUNCIL OF THE CIZY OF LIVONIA On Maly 11, 1959, the above meeting was held at 33001 Five Mile Road* Livonia* Michigan, and was called to order by the Vice President at approxinmtely 8:55 P. M. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present-- James R. McCann* Frank O'Neill* Rudolf R. Kleinert, Robert Sasser and Jack Salvadore. Absent-- Austin T. Grant and Sydney B. Bagnall. By Councilman Kleinert, seconded by Councilman O'Neill and unanimously adopted, it was #274-59 RESOLVED that, the minutes of the 277th regular meeting of the Council of the City of Livonia held April 27, 1959, and the 45th Special Meeting held May ly 1959, are hereby approved. Marie W. Clark, City Clerk, presented two veto messages from the Mayor onresolution #258-59 adopted April 27, 1959, and resolution #267-59 adopted May4, 1959, which were received for action at a later time in this meeting. By Councilman Sasser, seconded by Councilman Kleinert, it was #275-59 RESOLVED that, having considered the letter dated April 8, 1959 from the Budget Director and approved by the Mayor, the Council does hereby transfer the sum of *100.00 from the Unappropriate Surplus to Civil Service Account No. 1-C. A roll call vote was taken on the foregoing resolution with the following result: AYES: fleihert, Sasser, Salvadore, O'Neill and McCann. NAYS: None. The letter dated May 11* 1959, from the Mayor regarding an amendment to Section 3.3 of Ordinance No. 224 was received and referred to the Water and Sewer Committee of the Council.. By Councilman Sasser, seconded by Councilman Salvadore and unanimously adopted, it was #276-59 RESOLVED that, having considered the re commen dat i an of the City Planning Commission dated December i5, 1958, in regard to Petition No. Z-328, aid having also considered the report and recommendation of Page 3918 the Streets, Roads and Plats Committee of the Council dated April 13, 1959, the Council does hereby approve and grant the said Petition No. Z-328; provided, however, that the =rime filing fee for zoning petitions be changed from $1,500.00 to $300.00; and provided further that the De- partment of Law is hereby instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Kleinert, seconded by Councilman Sasser aid unanimously adopted, it was #277-59 RESOLVED that, having considered the recommendation of the City Planning Commission dated January 19, 1959, in regard to Petition No. Z-347, and having also considered the report and recommendation of the Streets, Roads and Plats Committee of the Council dated April 13, 1959, the Council does hereby approve and grant the said Petition No. Z-347 in accordance with the aforementioned recommendation of the City Planning Commission; and the Department of Law is hereby instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. Councilman Sasser introduced the following Ordinance: NO. AN ORDINANCE AMENDING SECTION 19.11 OF ARTICLE 19.00 AND SECTION 20.01 OF ARTICLE 20.00 OF OR- DINANCE NO. 60, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA." THE CITY OF LIVONIA ORDAINS: Section 1. Section 19.11 of Article 19.00 of Ordinance No. 60, as amended, entitled "'Zoning Ordinance of the City of Livonia," is hereby amended to read as follows: Section 19.11. Filing Fees. Each application for appeal shall be given a number and shall be accompanied by a filing fee of Twenty Five Dollars ($25.00). In the event an applicant desires a special hearing on his appeal, then the filing fee shall be One Hundred Dollars ($100.00). Section 2. Section 20.01 of Article 20.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," is hereby amended to read as follows: Section 20.01. Amendments. This ordinance may be amended, from time to time, pursuant to the provisions of Section Lt, Act 207, Public Acts of Michigan of 1921, as amended. All amendments shall be made in the manner provided in this section and Section 3.05 of this crdinance. Proceedings to amend this ordinance or the Zoning Map of the City of Livonia shall be initiated or commenced by any one or more of the following methods: (a) By resolution of the Council wherein the giestion whether or not a particular amendment should be made is referred by the Page 3919 Council, on its own motion, to the City Planning Commission; and wherein such Commission is requested to hold a public hearing on the question and to thereafter make a report and recommendation to the Council; (b) By resolution of the City Planning Commission wherein such Commission, on its own motion, provides for a public hearing on the question whether or not a particular amendment should be made and for a report and recommendation thereon to the Council; or (c) By written application in triplicate, addressed to the Council, duly signed by the owners of fifty per cent (5c ) or more of the frontage in any district or part thereof, duly acknowledged by each owner substantially in accordance with the statutory provisions for acknowledgment of deeds, and accompanied by tin filing fee hereinafter fixed. Each proceeding, whether originating by resolution or application, shall be designated as a "petition", shall be submitted to the City Attorney for his approval as to form and on such approval, shall be filed in the office of the City Clerk and given a number. Where a petition is presented by a property owner or property owners, such petition shall state the names aid addresses of the owner or owners, a complete description of the property involved, tin existing zoning classification of such property, the change or amendment desired and the reasons for each charge or amendment . Each petition of a property owner or owners shall be accompanied by a filing fee in accord- ance with the following schedule: Zoning from any classification to: R-1 RU, RL or RUF - Thirty-five Dollars ($35.00) plus an additional'Five Dollars C5.00) for each 7,200 square feet or fraction thereof in excess of 7,200 square feet, not to exceed a total fee of Three Hundred Dollars ($300.00); R-2 - One Hundred Dollars ($100.00) plus an additional Ten Dollars l$10.00) for each 7,200 square feet or fraction there- of in excess of 7,200 square feet, not to exceed a total fee of Three Hundred Dollars ($300.00); R-3 or P S - One Hundred Dollars ($100.00) plus an ad- ditional Ten Dollars ($10.00) for each 7,200 square feet or fraction thereof in excess of 7,200 square feet, not to exceed a total fee of Three Hundred Dollars ($300.00); C-i or C-2 - One Hundred Fifty Dollars ($150.00) plus an additional. Ten Dollars ($10.00) for each 4,000 square feet or fraction thereof in excess of 8,000 square feet, not to exceed a total fee of Three Hundred Dollars ($300.00); 14-1 or 14.2 - Two Hundred Dollars ($200.00) plus an ad- ditional Fifty Dollars ($50.00) for each acre or part thereof, not to exceed a total fee of Three Hundred Dollars ($300.00); provided, however, that each subsequent petition involving substantially tin Page 3920 same subject matter and parties as a prior petition shall be considered merely as a petition for rehearing of such prior petition and shall be given the same number as such prior petition; and provided further that an ad- ditional filing fee shall be required on the first petition for rehearing of a prior petition in the amount of twenty (20%) per cent of t he original filing fee and a filing fee of thirty (30%) percent of such original filing fee is hereby fixed for each additional petition for rehearing of such prior petition. All filing fees shall be paid to the City Treasurer. On receipt of a petition for amendment in due f orm and on payment of the re- quired filing fee, the City Clerk shall forthwith refer such petition to the City Planning Commission. Such Commission shall, within ninety (90) days following reference to it of a petition, hold a public hearing on the petition, grant any person interested an opportunity to be heard thereon and make a report and re commendation on such petition to the Council. Not less than fifteen (15) days' notice of the time and place of such public hearing shall first be published in the official newspaper or a paper of general circulation in the City of Livoxxt a, and not less than fifteen (15) clays' notice of the time and place of such public hearing shall first be given by registered United States mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the district or zones affected. The Council shall either approve or reject the recommendations of the City Planning Commission; provided, however, that all amendmaits to this ordinance or to such zoning map shall be made by ordinance; and provided further, that in case a protest against a proposed amendment be presented, duly signed by the owners of twenty (20) percentum or more of the frontage proposed to be altered, or by the owners of twenty (20) percentum or more of the frontage immediately in the rear thereof, or by the owners of twenty (20) percentum of the frontage directly opposite the frontage proposed to be altered, such amendment shall not be passed except by the three-fourths vote of the Council. Section_ �. All ordinances or parts of ordinances in conflict herewith are hereby repeealed onon3ly to the extent necessary to give this ordinance full force and effect. Section It. If any part or parts of this ordinance are for any reason held to be invalid, such holding shall not affect the validity 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. By Councilman Sasser, seconded by Councilman Salvadore and unanimously adopted, it was #278-59 RESOLVED that, the City Council does hereby acknowledge receipt of a communication from the City Plan rxL ng Commission dated March 10, 1959, containing its resolution #2-56-59 adopted pursuant to the provisions of Act 285 of the Public Acts of 1931, and amending the Master Thoroughfare Plan of the City of Livonia; and further the Council does hereby approve of such amendment to the said Master Plan and expressly acknowledges that such amendment was certified to the Council on the aforementioned date and in accordance with the provisions of the above act. Page 3921 By Councilman Sasser, seconded by Councilman Kleinert, it was #279-59 RESOLVED that, pursuant to the recommendation of the Superintendent of Operations Division aid Director of Public Works dated April 16, 1959, the Council does hereby accept the bid of Armco Drainage and Meta. Products, Inc., 5-261 General Motors Building, Detroit 2, Michigan, for supplying t h9 City with corrugated metal pipe, such having been in fact the lowest bid received for such material; and the City Clerk and Director of Public Works 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: Kleinert, Sasser, O'Neill and McCann. NAYS: Salvadore. The Vice President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #280-59 RESOLVED that, having considered the letter from Donald C. Deremo, attorney for the proprietor of Merucci Bros. Subdivision No. 1, and inquiring as to whether or not the City is interested in purchasing a particular park site in Section 20 of the City of Livonia, the Council, by way of reply, does hereby express its interest in purchasing such site, howeverthe Council has determined that there are no available public funds with which to purchase such park site at the present tine or in the immediate foreseeable future. The letter dated April 24, 1959, from residents regarding sidewalks on Elmira and Orangelawn in Rosedale Gardens wes received and placed on file for reference at such time as a public hearing is held on this matter. The letter dated Malt, 1959, from the City Assessor concerning Rosedale Gardens Special Assessment District was removed from the agenda, pending further information from the Engineering Division. Councilman Kleinert introduced the following Ordinances NO. AN ORDINANCE TO REGULATE TIE CONSTRUCTION AND MAINTENANCE OF PRIVATE SWIMS POOLS IN THE CITY OF LIVONIA. THE CITY OF LIVONIA ORDAINS: Page 3922 Section 1. Purpose and Intent. It is hereby determined that the existence of private outdoor swimming pools may endanger the public health, safety and welfare unless carefully regulated and supervised and the purpose of this ordinance is to establish reasonable regulations for the construction, operation, use and maintenance of swimming pools to the end that the public health, safety and welfare of the com- munity is protected. Section 2. Definitions. For the purpose of this ordinance, certain terms are herewith defined: (a) The term "swimming pool" shall mean any artificially constructed, nonportable pool or container, capable of being used for swimming, wading or bathing, wholly outside a permanent enclosed and roofed building and designed to hold water to a depth of two (2) feet or more, at am point when filled to capacity. (b) The term "private" shall mean that it is not open to the public or that it is not publicly owned. Section 3. Permit Required. It shall be unlawful hereafter for any person to construct or repair a privately owned swimming pool in the City of Livonia without having first secured a permit therefor from the Bureau of Inspection of the Department of Public Works. Section 4. Application for Permit. Application for such permit shall show the name of the owner, the location of the proposed swimming pool, the manner in which its use shall be supervised, information specifying the size, depth and capacity of such swimming pool and shall be accompanied by such information necessary for the pro- tection of the public health and safety as may be required by the Bureau of Inspection. There shall also be filed with the Bureau of Inspection a plot plan of the property showing the location of such swimming pool thereon and a detailed plan with specifica- tions for such swimming pool, which shall contain full information as to the proposed fencing of the pool and the location and number of fence gates. Before any permit shall be issued such plans and specifications shall be approved by the Bureau of Inspection. Section 5. Permit Fees. All applications for a permit shall be accompanied by a building permit fee in accordance with the approved building permit fee schedule. Section 6. Savings Clause. Owners of all private swimming pools,already constructed as of the effective date of this ordinance, shall not be subject to any of the construction requirements of this ordinance except as hereinafter provided. Section 7. Area of Lot Occupancy. In residential zoned districts, a swimming pool of a specified size maybe constructed on a lot in accordance with the following lot sizes which will occupy a lot area not in excess of the percentages hereinafter set forth, to merit: Area of Lot Maximum Percentage Occupied by Swimming Pool 4000 square feet or under Not more than 5% of lot area Over 4000 square feet but not more than 5000 square feet Not more than 7-1/2% of lot area Over 5000 square feet Not more than 10% of lot area Page 3923 Section 8. Location. Out-of-door swimming pools maybe erected in the side or rear yard, provided no part thereof shad approach nearer than ten (10) feet from the side ar rear lot lines. No such pool or part thereof shall be installed within fifty (50) feet of any street right-of-way line, except in the case of side streets, in which case such pool may not be within twenty-five (25) feet of such side street. Section . Fencing. The swimming pool shall be completely enclosed by a fence not as an four (k feet in height of the chain link type or other type ap- proved by the Bureau of Inspection. A fence which encloses the yard as a whole may be considered as complying with this requirement. All fence gates must be locked when the residents are away from the home or when the pool is not in use. Section 10. Construction. The following regulations shall apply to the construction of swimming pools: (a) The swimming pool construction shall conform to the Building Code, the Plumbing Code and the Electrical Code of the City of Livonia, and all necessary permits shall be secured by the owner or his contractor. (b) Non-portable fiberglass and plastic pools maybe permitted, provided the same meet the accepted safety and construction standards, as established by the City of Livonia. (c) Any accessory building, which houses pumping aid filtering equipment, must conform to the provisions of the Zoning Ordinance and the Building Code of the City of Livonia. (d) No electric wires shall be any nearer than five (5) feet from the water's edge, nor shall any electric wire within twenty-five (25) feet from the water's edge of the pool be less than ten (10) feet above the ground unless otherwise approved by the Bureau of Inspection. Under no circumstances shall wires of any kind cross or be over the water surface. (e) All plumbing necessary for the connection of the intake or the out- let of a swimming pool to the City water system or sewer system shall be installed by a licensed plumber and shall conform to the requirements of the Plumbing Code of the City of Livonia. (f) The construction of the pool shall be made in such a manner that all scum, splash and deck water shall not return to the pool except through the filter system. The pool shall be kept free at all time of floating material, sediment and debris either by an automatic surface skimmer, scum gutter or by some other means approved by the Building Department. (g) All privately owned swimming pools shall be equipped with a water circulating system powered by a motor driven pumpto circulate completely the water within such pool every twenty-four ( hours. The water in such circulating system shall be forced through a filtration system ap- proved by the Bureau of Inspection of sufficient size to filter adequately the water passing into the pool. Pumps that are situated above the pool using a suction line to draw water from the pool for circulating purposes tam shall be equipped with a foot valve or a check valve on the suction line, and shall have pressure gauges on the discharge aide of the pump with test Page 392h cocks on the pump casting to test the suction with appropriate test fittings installed to permit the pump to be primed. Water supply to the pool shall be installed through a vacuum breaker to eliminate the problem of possible back siphonage. Pool drainage shall discharge indirectly to the house sewer through a catch basin or pump. Pool drain lines sh511 be connected to the City sanitary system where such is available. There shall be no cross-cohnection of the City water supply with any other source of water supply for the pool. No swimming pool shall be constructed within three (3) feet from any vitrified sewer line; provided, however, that the Bureau of Inspection may permit the construction of a swimming pool aver a sewer line where such line is constructed of four (!i) inch extra heavy cast iron. (h) The pool sides and bottom shall be constructed of smooth non-absorbent materials, free from cracks and be so constructed as to be properly drained through one or more metal grate openings. (i) All swimming pool installations must be completed, filled with water, and the filter system in operation before final inspection. Section 11. Operation of Pool. The following regulations shall apply to the operation of swimming pools: (a) No person shall maintain a swimming pool on his premises without providing adequate supervision at all times when the pool is in use. (b) A provision shall be made for positive germicidal or bacterial con- trol by the use of chlorine, bromine or other such disinfecting agents as may be approved by the Health Department. Section 12. Filteration System Required for Faiating Pools. All swimming pools, which have at the present time no filtration system, shall be required to install and have same approved within one (1) year of the effective date of this ordinance. Section 13. Inspection. The Health Department and the Building Department shall have the right,at any reasonable hour, to inspect any swimming pool for the purpose of determining that all provisions of this ordinance are fulfilled and com- plied with. Before any swimming pool shall be used, a final inspection and approval must be had from both the Building Department and the Health Department. Section 114. Adoption of Regulations. The Bureau of Inspection is authorized to adopt regulations governing the construction, operation and maintenance of private swimming pools. Said regulations shall not become effective until ap- proved by resolution of the Council. The Bureau of Inspection shall cause copies to be made of the regulations and shall furnish the same to all interested persons. Section 1 . Penalty. Any person, firm or corporation violating the provisions o s ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment in the discretion of the court. Section 16. Repeal. All ordinances or parts of ordinances in conflict Page 3925 herewith are hereby repealed only to the extent necessary to give this ordinance fall force and effect. Section 17. Severability. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity 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. By Councilman Sasser, seconded by Councilman Salvadore, it was #281-59 RESOLVED that, having considered the request from tie Chief City Engineer dated April 22, 1959, approved by the Mayor and Budget Director, and having also considered the report of the Budget Director dated May 5, 1959, submitted pursuant to Council resolution #263-59, the Council does hereby transfer the sum of $9,661 .00 from the Unappropriated Surplus to the Engineering Inspection Budget Account No. 1-A (Salaries) to provide for the salaries of two additional engineering classifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman O'Neill and unanimously adopted, it was #282-59 RESOLVED that, the Chief Accountant is hereby requested to submit a complete report on inspection fees received, pursuant to the provisions of Ordinance No. 135, as amended. An Ordinance Amending Sections 8, 11 and 12 of Ordinance No. 52 entitled "Electrical Licensing Ordinance of the City of Livonia" introduced by Councilman Sasser an April 27, 1959, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, Sasse r, Salvadore, O'Neill and McCann. NAYS: None. The Vice President declared the ordinance duly adopted and would become effective on date of publication. An Ordinance Amending Sections 2, 4, 12, 13, 16, 22 and 23 of the Zoning Map of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance Page 3926 No. 60, as amended, of the City of Livonia, by Adding Thereto Sections 3.200, 3.201, 3.202, 3.203, 3.204, 3.205, 3.206 and 3.207," introduced by Councilman Bagnall on April 27, 1959, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann. NAYS: None. The Vice President declared the ordinance duly adopted and would become effective on date of publication. By Councilman Kleinert, seconded by Councilman Sasser, it vas #283-59 RESOLVED that, Mr. Stephen F. Slavik, President, Slavik Builders, Inc., 20063 James Couzens Highway, Detroit 35, Michigan, as proprietor, having requested the City Council to approve the proposed plat of the following Subdivision: Burton Hollow Estates Subdivision No. 2, located on the South side of Six Mile Road approximately 1,1100 feet west of Farm- ington Road in the Northwest 1/4 of Section 16, City of Livonia; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of July 16, 1957; July 1, 1958; and it further appearing that said proposed plat, together withihe plans and specifications for improvements therein, have been approved by the Depart- ment of Public Works under date of May 4, 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 super- vised 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 satis- factorily 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 follow- ing amount: - - - Three Hundred Sixty-Five Thousand Dollars - ($365,000.00) - - and until all inspection fees and other charges due to the City of Livonia have been fully paid; Page 3927 (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 on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Sasser, it was #284-59 RESOLVED that, having considered the recommendation of the City Planning Commission dated April 20, 1959, in connection with Petition No. Z-344 as submitted by Patric J. Foley on behalf of Reynold and Nellie Esch Maurice and Hattie Kenney, et al, for change of zoning in the Southwest 1/4 of Section 6 and the Northwest 1/4 of Section 7 from C-1 to C-2, the Council does hereby approve and grant said Petition No. Z-344; and the Department of Law is instructed to prepare an ordinance amending Ordinance No. 60 in ac- cordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser and McCann. NAYS: Salvadore and O'Neill. The Vice President declared the resolution adopted, By Councilman Sasser, seconded by Councilman Salvadore and unanimously adopted, it was #285-59 RESOLVED that, pursuant to the recommendation of the City Plan- ning Commission dated April 20, 1959, in connection with Petition No. Z-361 as submitted by Richard D. Bleznak on behalf of Edward Morell and others for change of zoning in the Southwest 1/4 of Section 31 from AGB and RUFB to R-1-A, the Council does hereby approve and grant said Petition No. Z-361 as amended by Sketch B attached thereto; and the Department of law is in- structed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. At the request of the attorney for the petitioners, Petition No. Z-363 was removed from the agenda. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was Page 3928 #286-59 RESOLVED that, pursuant to the report and recommendation of the City Planning Commission dated April 20, 1959, in connection with Petition No. Z-370 submitted by David J. Sparrow on behalf of the Wilshire Construction Company for change of zoning in the Southwest 1/4 of Section 3 from RUFA and RUFB to R-1-A, the Council does hereby grant and approve said Petition No. Z-370; and the Department of Law is instructed to prepare an ordinance amend- ing Ordinance No. 60 in accordance with this resolution. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #287-59 RESOLVED that, having considered the request contained in a letter from Harry J. Brown, President of Parkview Acres Civic Association, dated April 29, 1959, the Council does herein authorize and request the City Clerk to make application to the Detroit Edison Company, on forms provided by such company, for installation of a street lamp of suitable lumen strength to be installed at the intersection of Six Mile Road and Deering Avenue, it being the determination of the Council that such inter- section requires lighting in order to adequately protect the public safety of the residents of the community. By Councilman Kleinert, seconded by C ouncilman Sasser, it was #288-59 RESOLVED that, having considered the request of the Chief City Engineer to the Maycr dated January 22, 1959, requesting a transfer of funds, and having also considered the communications from the Budget Director dated April 17, 1959 (to the Mayor) and May 1, 1959 (to the Council), the Council does hereby transfer the sum of $7,000.00 from the Unappropriated Surplus to the Engineering Inspection Division Budget Account No. E-70E (Engineering Equipment) for the purpose of purchasing additional equipment as outlined in the aforementioned letter from the Chief City Engineer dated Jai uaxy 22, 1959. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann. NAYS: None. By Councilman Salvadore, seconded by Councilman O'Neill, it was #289-59 RESOLVED that, having considered the request of the Department of Law dated April 21, 1959, submitted on behalf of the Livonia Youth Commission and having considered the recommendation of the Budget Director dated April 23, 1959, approved by the Mayor, the Council does hereby trans- fer from the Unappropriated Surplus the sum of $100.00 to the Youth Com- mission Budget Account No. 60 (Miscellaneous Expenses) and the additional sum of $100.00 to the Industrial Commission Budget Account No. 60 (1ti.scellaneous Expenses) for the purpose of providing funds necessary in order that these newly established commissions may commence their operations. A roll call vote was taken on the foregoing resolution with the following result: Page 3929 AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann. NAYS: None. By Councilman Sasser, seconded by Councilman Salvadore, it was #290-59 RESOLVED that, having considered the report and recommendation of the Chief City Engineer dated April 27, 1959, and approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolution #268-56 adopted on April 30, 1956, so as to establish a subdivision improvement bond in the amount of $1,100.00 for remaining sidewalk improvements to be installed in Kirsh Subdivision; and the City Clerk is herein 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: Kleinert, Sasser, Salvadore, O'Neill and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Sasser, it was #291-59 RESOLVED that, pursuant to the recommendation of the Chief City Engineer dated April 27, 1959, and approved by the Director of Public Works the Council does hereby amend Item No. 3 of Council resolution #293-57 adopted on April 15, 1957, so as to establish a subdivision improvement bond in the amount of $12,000.00 to cover remaining sidewalk improvements to be installed in Spring Valley Subdivision; and the City Clerk is herein 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 results AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Sasser, it was #292-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated April 27, 1959, and approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolution #294-57 adopted on April 15, 1957, so as to establish a subdivision provement bond in the amount of $8,000.00 to cover remaining sidewalk im- provements to be installed in Spring Valley Subdivision No. 2; and the City Clerk is herein authorized to do all things necessary to the full perform. ance of this resolution. A roll call vote was taken on the f aregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann. NAYS: None. Page 3930 By Councilman Sasser, seconded by Councilman Salvadore, it was #293-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated May 4, 1959, and approved by the Director of Public Works, the Council does hereby authorize and approve of the ditch relocation proposed by the Bonadeo Corporation-Chandler Development Company in Section 17 of the City of Livonia, as referred to in the above letter and as shown on plans dated April 15, 1959, and on file with the City; provided, however (a) that the proposed ditch relocation shall be accomplished in strict accordance with the aforementioned plans and other requirements of the Department of Public Works; (b) that a four (4) foot chain link fence be constructed by the above company along the south side of the relocated ditch; (c) that prior to work the above company shall deposit with the City of Livonia the sum of $128.00 to cover the cost of review- ing plans, inspection and administration; and (d) that prior to work the above company shall deposit with the City a bond in such form as may be approved by the Depart- ment of Law in the aniunt of $4,000.00 to insure the satisfactory installation of such fencing; and the City Clerk and Director of Public Works are herein 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: Kleinert, Sasser, Salvadore, 0!Neill and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Sasser, it was #294-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated April 28, 1959, and approved by the Director of Public Works, regarding additional work to be performed in connection with Section 3 of the present water main extension project, the Council does hereby authorize and add the sum of $150.00 to the contract dated December 22, 1958, by and between the City of Livonia aid S. Weissmannxcavating Company, Inc. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann. NAYS: None. By Councilman Sasser, seconded by Councilman Salvadore, it was #295-59 RESOLVED that, Nelson Homes, Inc., 17191 Wyoming, Detroit 21, Michigan, as proprietors, having requested the City Council to approve Page 3931 the proposed plat of the following Subdivisions Hillcrest Avenue Sub- division, located in the Northwest 1/4 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 April 21, 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 May 5, 1959; the City Council does hereby approve said pro- posed plat on the following conditions (1) An of such improvements shall be installed in conformance with the Flat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Pub lie Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be super- vised and inspected by the Department of Public Works sed 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 Ordinates No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said inprovements 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 as may be approved by the City Attorney, and in the following amount: - - - - Six Thousand Eight Hundred Dollars - ($6,800.00) - - - - 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 i mprov ements installed in the sub divis ion, 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 on the foregoing resolution with the following results AYES: Kleinert, S as ser, Salvadore, O'Neill and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman O'Neill, it was #296-59 RESOLVED that, Mr. David Lewis,, 17311 Wyoming Avenue, Detroit 21, Michigan, as proprietor, having requested the City Council. to approve the proposed plat of the following Subdivision: Bai-Lynn Park Subdivisions 3 through 9, located on the East side of Merriman Road between Lyndon and Schoolcraft Roads in the Southwest i/4 of Section 23, City of Livonia; Page 3932 and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of April 2, 1957 and April 21, 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 April 14, 1958 and May 4, 1959; the City Council does hereby approve said proposed plat on the following cohditi ons: (1) All of such improvement. 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 super- vised and inspected by the Department of Public "yorks and such improvements shall not be considered as having b een satisfactorily installed until there is filed with the Council a Certificate as provided in Section ]J. 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 as may be approved by the City- Attorney, and in the following amount: Bai-Iynn Park Subdivision No. 3 $119,000.00 Bai-Lynn Park Subdivision No. 4 1�0,000.00 Bai-Lynn Park Subdivision No. 5 67,000.0o Bai-Lynn Park Subdivision No. 6 41,000.00 Bai-Lynn Park Subdivision No. 7 5,000.00 Bai-Lynn Park Subdivision No. 8 16,000.00 Bai-Lynn Park Subdivision No. 9 15,000.03 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, an 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 onthe foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Salvadore, it was #297-59 RESOLVED that, pursuant to the recommendation of the Chief City Engineer dated May 4, 1959, approved by the Director of Public Works, the Page 3933 Council does hereby require the proprietor of the Bai-Lynn Park Sub- divisions 3 through 9 to install a four (4) foot chain link fence along that portion of the Blue Drain which extends through such subdivisions and in conne ction therewith to deposit with the City of Livonia a bond in the amount of $1,800.00 to insure the installation of such fence and also the sum of $57.17 to cover the cost of reviewing plans, inspections and administration; and that this shall be a condition precedent to the Cite Clerk affixing her signature to any of the aforementioned Bai-I4ynn Park Subdivisioh plats. A. roll call vote was taken on the foregoing resolution with the following results AYES: Kleinert, Sasser, Salvadore, O'Neill sad McCann. NAYS: None. Councilman Salvadore introduced the following Ordinance: NO. AN ORDINANCE VACATING PORTIONS OF Shea, ALLEY AND PtBLIC GROUND THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission dated November 4, 1958, on Petition No. V-36 for the vacating of an alley,is hereby accepted and adopted and the Council does hereby approve all proceedings on said petition, it appearing that a public hearing thereon was duly held on October 21, 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 "An Ordinance Providing the Procedure for Vacating of Streets, Alleys and Public Ground," as amended by Ordinance No. 50, the following portions of a certain alley are hereby vacated: (a) That portion of an alley described in Petition No. V-36 b=ing more particularly described as the alley located at the rear of Lots No. 140 through No. 52, inclusive, and adjoining Lots No. 53 and No. 158, northwest of Curtis Avenue and Floral Avenue, located in Sunning- dale Park Subdivision, situated in the Northeast 1/11 of Section 12, T. 1 S., R. 9 E., City of Livonia, Michigan; provided, however, that there be and hereby is reserved a twenty (20) foot easement for the full width of the alley for public utilities and surface drainage. Section . Ordinance No. 233 is hereby repealed as of the date that this ordinance s ect. All other 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 It. Should any portion of this ordinance be held invalid for any reason, such holding shall nat 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. Page 3934 By Councilman Sasser, seconded by Councilman Salvadore, it was *#298-59 RESOLVED that, having considered the request of Mr. George J. Rousakis and having also considered the recommendation of the Water and Sewer Board dated May 6, 1959, in regard to the request of the said Mr. George Rousakis for permission to extend a certain sanitary sewer by in- stalling a cross-over across Ann Arbor Trail, the Council does hereby grant permission to the aforementioned party to extend the sanitary sewer located in Ann Arbor Trail, west of Hix Road, to Lot No. !t, Candace Sub- division, on the condition that the aforementioned party assumes all con- struction costs in connection with the installation of the requested sewer extension including the cost of the cross-over; and provided further that the Council, having given consideration to the fact that the petitioner by installing a ten (10) inch cross-over will not only make sewer service available to his property, but also to adjoining properties, does hereby determine that the connection charge in this case shall be 1.50 per front foot for the following reasons: (a) the trunk sewer is being made available to petitioner's property solely at the expense of the petitioner by the in- stallation of a ten (10) inch cross-over at no expense whatso- ever to the City; (b) the cross-over is of such dimensions that it will make the trunk sewer available to adjoining properties; (c) provided, however, that such installation be in accordance with Plan 2, as submitted by the Engineering Division of the City of Livonia, under date of May 11, 1959. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann. NAYS: None. By Councilman Kleinert, seconded by (buncilman Sasser, it was #299-59 RESOLVED that, pursuant to the report and recommendation of the City Planning Commission dated May 6, 1959, in regard to Petition No.Z-381 submitted by Richard Wisniewski of 2966 Joy Road, Plymouth, Michigan, re- questing change of zoning in the Northwest 1/4 of Section 33 from C-1 to C-2, the Council does hereby approve and grant said Petition No. Z-381 as amended and revised by Planning Commission resolution #5-128-59 so as to include only 360 feet west from the center of Wayne Road; and the De- partment of Law is hereby instructed to prepare an ordinance a ending Ordinance No. 60 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, O'Neill and McCann. NAYS: Salvadore. The Vice President declared the resolution adopted. *Rescinded; see resolutions #318-59 and #319-59 Page 3935 By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #30-59 RESOLVED that, pursuant to the recommendation of the Water and Sewer Board dated May 5, 1959, the Council does hereby approve of the ex- tension to the Livonia Sanitary Sewer System on Milburn Avenue in front of Lots 201 through 205, inclusive, of Beverly Gardens Subdivision, and likewise acknowledges that Ernest A. Panizzoli and Mr. and Mrs. L. Panizzoli did construct such extension at their own expense and with no cost whatsoever to the City of Livonia. At 10:20 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 Kleinert, seconded by Councilman O'Neill, it was RESOLVED that, this 278th regular meeting of the Council of the City of Livonia be adjourned. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert and O'Neill. NAYS: Sasser, Salvadore and McCann. The Vice President declared the resolution denied. By Councilman Salvadore, seconded by Councilman O'Neill and unanimously adopted, it was #301-59 RESOLVED that, the letter dated April 8, 1959, from the Parks and Recreation Commission requesting funds for playground equipment for the Shelden Play Area be referred to the Mayor for report aid recom- mendation at the next regular meeting of the Council. On motion of Councilman O'Neill, seconded by Councilman Kleinert aid unanimously adopted, this 278th regular meeting of the Council of the City of Livonia was duly adjourned at 10:48 P. M,, May 11, 1959. ' q im. m ri.e w. lark, bit). clerk