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HomeMy WebLinkAboutCOUNCIL MINUTES 1959-09-14 Page 4052 MINUTES OF THE TWO HUNDRED EIGHTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 14, 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 Bagnall delivered the invocation. Roll was called with the following results 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 McCann and unanimously adopted, it was #534-59 RESOLVED that, the minutes of the 285th regular meeting of the Council of the City of Livonia held on August 24, 1959, are hereby approved. By Councilman Kleinert, seconded by Councilman Salvadore, it was #535-59 RESOLVED that, pursuant to the request and recommendation of the Election Commission dated September 4, 1959, the Council does hereby approve of the purchase of ten (10) additional Shoup Voting Machines at a price of $1,823.00 each, from the Shoup Voting Machine Corporation, 41 East 42nd Street, New York 17, New York, such purchase to be financed by a 10% down payment upon delivery and the issuance of Certificates of Indebted- ness for the balance; and the Council does hereby transfer the sum of $1,830.00 from the Unappropriated Surplus to the Capital Outlay Account of the Election Commission budget to cover the 10% down payment and freight charges to be paid on delivery; that the Council has determined in this instance not to take bids for the following reasons: (1) that the City of Livonia is serviced by similar Shoup voting machines and it is both practical and desirable to standardize this particular equipment so as to facilitate the training of election workers; (2) that the City of Livonia has been and is entirely satisfied that this machine is the most adequate voting machine available; and further, the Mayor, City Clerk and City Treasurer are herein authorized to do all things necessary or incidental to the full performance of this resolution, and in particular, the City Clerk is hereby authorized to con- tact the legal firm of Miller, Canfield, Paddock & Stone to assist in the preparation and issuance of the said certificates. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. Page 4053 By Councilman Salvadore, seconded by Councilman Sasser and unanimously adopted, it was #536-59 RESOLVED that, consideration of the report of the City Attorney and Director of Public Works regarding purchase of property on Farmington Road adjacent to the Engineering Building be tabled to the next meeting of the Council. Councilman Bagnall introduced the following Ordinance: No. AN ORDINANCE AMENDING SECTION 30 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 3.235. THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission dated June 9, 1959 on Petition No. Z-287, having been con- sidered by the Council, the Council hereby adopts said petition to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings heretofore conducted on said petition are hereby approved. Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, is herebyamended by adding thereto the following section: Section 3.235. Petition No. Z-287 submitted by Michael J. Caffery is hereby granted and the zoning classification of the premises described in said petition is hereby changed from RUF-B to C-2 as requested in said petition and the Southeast 1/4 of Section 30 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 52 of the Zoning Map of the City of Livonia", showing all of the amendments and changes made in the foregoing Section 2 of this ordinance is hereby approv- ed, 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 ameat the next regular meeting of the Council. Page 4054 By Councilman Bagnall, seconded by Councilman Salvadore, it was #537-59 RESOLVED that, having considered the communications from the Department of Law dated July 13, 1959, and July 29, 1959, and the communica- tion from the Director of Public Safety dated August 24, 1959, the Council does hereby approve of and authorize the purchase of the following described property for the sum of $25,000.00: Lots 530, 531 and 532, Supervisor's Livonia Plat No. 9, of part of the Southeast 1/4 of Section 30, Town 1 South, Range 9 East, Livonia Township (now City of Livonia), Wayne County, Michigan, according to the plat thereof as recorded in Liber 66, Page 60 of Plats, Wayne County Records, and more commonly known as 37886 Plymouth Road; and in connection therewith, the Council does hereby exercise its option to purchase such property dated August 27, 1959; and the Department of Law is hereby instructed to complete all necessary negotiations for the pur- chase of this property in accordance with the terms of the aforementioned option agreement and for this purpose, the Council does hereby advance the sum of $1,000.00 from the Unappropriated Surplus to the Fire Station Site Account of the budget and does likewise authorize, if necessary, an advance from the General Fund to pay the balance of such price, provided that if such funds are advanced, they will be returned immediately to the General Fund from the proceeds of the contemplated fire station bond issue, and the Mayor and City Clerk 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: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. The letter dated September 4, 1959, from Steve Polgar, 32744 Five Mile Road, was received and placed on file for the information of the Council. By Councilman Kleinert, seconded by Councilman O'Neill, it was #538-59 RESOLVED that, the Council, after due consideration, does hereby approve of and concur with the longevity program recommended by the Civil Service Commission under date of August 1 and August 29, 1958, and approved by the Mayor, such program to be effective from December 1, 1958; and pro- vided further that the program shall be administered in the following manner: (1) Longevity payments properly due to classified employees shall be paid once annually during the month of December, commending December 1, 1959, no later than the second regularly scheduled payroll release date; Page 4055 (2) Longevity benefits shall commence and accrue from the payroll period within which the employees continuous service date occurs, after the appropriate number of years service has been rendered to the City in ac- cordance with the terms of the longevity program approved herein; (3) Longevity payments shall be based upon the employees established annual rate in effect at the end of the fiscal year; and (4) Present employees who were continuously employed on a full time basis by the Township of Livonia and were paid a salary for such services by the Township of Livonia and who have since been continuously employed by the City of Livonia shall be given longevity service credit for such prior services rendered to the Township of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Kleinert, Salvadore, McCann and Grant. NAYS: Bagnall and Sasser. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Sasser and unanimously adopted, it was #539-59 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated June 2, 1959, and July 29, 1959, in re- gard to Petition No. Z-354 initiated by the City Planning Commission on its own motion, the Council does hereby concur with and approve of such petition only insofar as it affects the future location and regulation of gasoline service stations and that the balance of such petition is hereby rejected and referred back to the City Planning Commission for additional consideration; and the Department of Law having previously prepared such amendment and the same being in accordance with this resolution, the Council does hereby de- termine to introduce the above referred to amending ordinance at this time, according to provision of law. Councilman McCann introduced the following Ordinance: No. AN ORDINANCE AMENDING SECTION 10.02 of ARTICLE 10.00 AND SECTION 11.02 OF ARTICLE 11.00 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA." THE CITY OF LIVONIA ORDAINS: Section 1. Section 10.02 of Article 10.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia", is hereby amended to read as follows: Page 4056 Section 10.02 Uses Permitted. In all C-1 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 uses: (a) All uses permitted in an R-2 District. (b) Retail stores, business and professional offices, public utility buildings, newspaper distributing stations, restaurants, banks and savings and loan associations. (c) Open air sales, upon a certificate of approval by the City Planning Commission; for food sales, upon a certificate of approval by the City Health Department and the City Planning Commission, where such sale will not interfere with sidewalk or street traffic. However, this shall not permit the operation of material yards, including new and used lumber sales or used machinery or used auto parts. Notwithstanding the above, the sale of Christmas Trees shall be permitted upon the approval of the Police Department that there is suitable and safe ingress and egress to the premises used for such purposes and upon the approval of the Fire Department that all fire rules and regula- tions of such department have been complied with and upon approval of the Bureau of Inspection that such use is made in compliance with this ordinance and the rules and regulations of the bureau. (d) Shops producing merchandise to be sold at retail on the premises, provided that the services of not more than five (5) persona are required to produce such merchandise. (e) Personal service shops such as barber shops, beauty parlors, shoe repair shops, laundry pickup shops, dry cleaning pickup shops, and any similar service or use, provided any such shop or parlor shall not employ more than five (5) persons. (f) Accessory buildings and uses customarily incidental to any of the above permitted uses. A storage garage for the storage of commercial vehicles used by a business or other permitted activity, when located on the same lot therewith and occupying not more than twenty-five (25) percent of the area of such lot shall be con- sidered a legal accessory building and use in C-1 Districts. A sign or other advertising display of a size not exceeding one (1) square foot for each foot of the front lot line included in the premises, when pertaining to the sale, rental or use of the premises on which the sign is located, or to goods or activities conducted therein, or when serving primarily as a directional sign or legal notice shall be considered a legal accessory use in C-1 Districts. The sign may be attached to the building or may be free standing, but in any case the building or post to which the sign is attached shall be on or back of the building line and the sign shall not project more than fifteen (15) inches beyond the building line. No sign or portion of a sign shall project into a public alley. Signs larger in area than authorized in this section shall not be permitted except upon the approval of the City Planning Commission; provided, however, that such approval shall be given only on con- dition that the sign will be properly maintained, will not become unsightly and will not become a menance to the public health, safety and welfare. Page 4057 Section 2. Section 11.02 of Article 11.00 or Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia", is hereby amended to read as follows: Section 11.02 Uses Permitted. In all C-2 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 C-1 Districts, except dwellings. (b) Stores and shops for the conducting of a service or a retail business, except that the storage of lumber and other building supplies or similar materials for retail sale shall be housed within a building having four (4) side walls and roof, open storage of this or similar material shall not be permitted. (c) Office and showroom of a plumber, electrician, decorator or similar trade. (d) Personal service shops, such as barber shops, beauty parlors, shoe repair shops, tire repair shops, laundry pickup shops, dry cleaning pickup shops, messenger or telegraph service stations and any similar service or use. (e) Banks, theaters, hotels, assembly buildings, catering establishments, conservatories, sales and showrooms, research and testing laboratories, studios, undertaking establishments, dance halls, recreation halls, parking lots and public owned buildings. (f) Public utility buildings. (g) Establishments within buildings or structures for the repair, alteration, finishing, assembling, fabrication or storage of goods, primarily for the residents of the locality or for sale at retail on the premises, provided there is not in connection therewith the operation of any activity or the storage or display of goods in such manner as to be obnoxious or offensive by reason of the emission of odors, fumes, dust, smoke, waste, lightglare, noise or vibration, and further provided that no commercial enterprise shall employ more than five (5) mechanics or workers per each two thousand (2,000) square feet of floor area, on the repair, conversion, alteration, finishing or fabrication of goods. (h) Advertising signs only when pertaining to the sale, rental or use of the premises on which it is located or to goods sold or activities conducted thereon, or when serving primarily as a directional sign or legal notice. Only one (1) such sign is per- mitted on a lot, when such lot is four thousand (4,000) square feet or less in area, and such sign shall not exceed thirty-five (35) square feet in area of display surface and shall not exceed seven (7) feet in length. Signs larger in area than authorized in this section shall not be permitted except upon the approval of the City Planning Commission. Page 4058 (i) Carnivals, outdoor circuses or migratory amusement enterprises. (j) Dry cleaning plants, garages and auto wash establishments, on approval of the City Planning Commission; provided, however, that such approval shall not be given until, in addition to other requirements and considerations, there is filed with such commission the written consent of the owners of frontage of property immediately abutting the premises involved and the written consent of the owners of seventy (70) per cent of the frontage of all property within three hundred (300) feet of such premises and not separated there- from by more than one street or alley. (k) Motels or motor courts upon approval of the City Planning Commission. The Commission may permit motels and motor courts in C-2 Districts, provided that a public hearing is held and it is established that sixty (60) per cent of the property owners within five hundred (500) feet distance from any part of the lot area involved do not object, and provided that a lot area equal to that required for a residence shall be provided for management, provided that each unit provides a lot area of one thousand (1,000square feet for the first room of eighty (80) or more square feet and an additional area equal to twice the room area for each additional room of eighty (80) square feet or more and provided that each unit or group of units shall have two (2) side yards of not leas than ten (10) feet each for interior lot side yards; however, when side yards abut a side street then such street side yard shall be not less than twenty-five (25) feet, a front yard of not less than twenty-five (25) feet, a rear yard of not less than ten (10) feet and separate buildings shall be not less than ten (10) feet apart; and further provided, that each unit shall have one (1) room with not less than one hundred and fifty (150) square feet of floor area, a bathroom of not less than twenty-five (25) square feet of floor area, and not less than fifty (50) square feet of floor area for a kitchenette, if provided; and further provided, that building height of motels shall not exceed one (1) story or fifteen (15) feet; and further provided, that no guest shall occupy such accommodations of any motel or motor court for a period of more than one (1) month within any calendar year. (1) Any other use similar in character to the above uses when it is not obnoxious or offensive to the locality by reason of the emission of odor, fumes, dust, smoke, waste, lightglare, vibration or noise. (m) Office of a veterinarian, including animal clinics and animal hospitals without outside kennels, for the care and treat- ment of small pets, such as dogs, cats and similar small animals, with the approval of the City Planning Commission. (n) Drive-in theaters, after approval of the City Planning Commission where such use is located at least one thousand (1,000) feet from any district zoned as residential. Page 4059 (o) A gasoline and/or oil service station when approved by the City Planning Commission after the City Planning Commission determines that said filling station is so arranged and maintained so as to not adversely affect the normal use and development of adjoining property and finds further that the proposed gasoline or oil service station can and will comply with the following standards, regulations, and requirements: (1) A gasoline and/or oil service station shall not be located nearer than five hundred (500) feet to the property line upon which a school, church, hospital, public park, or auditorium is situated; (2) A gasoline and/or oil service station shall provide a front yard and two (2) side yards of not less than twenty (20) feet each. Said side and front yards shall not be used for vehicular or other storage nor for any service facilities; (3) A gasoline and/or oil service station, including any part of the facade, or other structures, or part of any other structures on the same lot, shall not exceed twenty-five (25) feet in height; (4) A gasoline and/or oil service station shall be located on a plot of ground having frontage along a commercial street of not less than one hundred fifty (150) feet and having a minimum area of not less than fifteen thousand (15,000) square feet. Such station shall be composed of the building housing the office and the facilities for servicing, greasing, and/or washing, and the pumps for dispensing gasoline. Said building and equipment shall be so arranged so that adequate space is available to park all automobiles which cannot be serviced immediately. Such facilities shall not contain more than six (6) units. For the purpose of this section, a unit shall mean: (a) a pair of pumps and (b) a stall for one car. (5) A gasoline and/or oil service station, when located on corner lots, shall provide vehicular entrances or exits not less than a minimum of twenty-five (25) feet from the corner property lines extended or from the established right-of-way lines as shown on the Master Thoroughfare Plan. All curb openings, whether on a corner lot or not, shall not exceed thirty-five (35) feet in width at the curb line, and thirty (30) feet at the property line. There shall be a minimum of thirty (30) feet measured along the property line between any series of driveways. On corner lots no driveway from a side street shall be less than forty (40) feet from the rear property line as measured along the side street property line. Curbs shall be required to prevent ingress and egress except at the required locations. (6) The applicant shall submit to the City Planning Commission plans showing the layout of the proposed gasoline and/or oil service station and indicating that the above standards can and will be complied with satisfactorily. Page 4060 (7) A gasoline and/or oil service station shall observe all regulations for such structures and their uses as required by the laws of the State of Michigan and ordinances of the City of Livonia. Section 3. 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 4. 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 Salvadore, seconded by Councilman Sasser, it was #540-59 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated March 20, 1959, in regard to Petition No. Z-368 submitted by Joseph Sergi for change of zoning in the Southwest 1/4 of Section 25 from R-1-B to PS, the Council does hereby approve of and grant Petition No. Z-368; and the Department of Law is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Sasser, Salvadore and Grant. NAYS: Kleinert and McCann. The President declared the resolution adopted. By Councilman Dagnall, seconded by Councilman Salvadore, it was Y541-59 RESOLVED that, after due consideration and pursuant to the report and recommendation of the City Planning Commission dated August 19, 1959, in regard to Petition No. Z-388 submitted by Nelson Dembs for change of zoning in the Northeast 1/4 of Section 15 from RUF-B to R-L-A, the Council does hereby deny said Petition No. Z-388 for the following reasons: (a) The request, if granted, would permit the development of residential lots which, because of their dimensions, would not be in harmony with the existing development of the surrounding community; and in particular with the existing development in Green Briar Estates Subdivision No. 2 on the west and Supervisor's Livonia Plat No. 10 on the east and south; (b) That the request, if granted, would not be consistent with the existing zoning and planned development of this community as shown and recorded on the comprehensive zoning map which is a part of Ordinance No. 60, the Zoning Ordinance of the City of Livonia and the Master Plan of the City of Livonia; Page 4061 (c) The existing zoning classification of such property is con- sistent with that of the surrounding area and will encourage and promote the orderly development of the community and allows the property to be reasonably used for its most logical purpose; and (d) For those other reasons contained in the above referred to report and recommendation of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Sasser, Salvadore, McCann and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Salvadore and unanimously adopted, it was #542-59 RESOLVED that, pursuant to the report and recommendation of the City Planning Commission dated August 19, 1959, in regard to Petition No. Z-395 submitted by Arthur Pollack for change of zoning in the Southwest 1/4 of Section 22 from RUF-B to R-1-A, the Council does hereby approve of and grants said Petition No. Z-395; and the Department of Law is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Sasser, seconded by Councilman O'Neill and unanimously adopted, it was #543-59 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated August 19, 1959, in regard to Petition No. V-44a, submitted by Stanley Czarny to vacate an easement over the south six (6) feet of Lot #450, Thomas Elliot Subdivision, in the Northeast 1/4 of Section 36, the Council does hereby approve of and grant said petition No. V-44a; and the Department of Law is instructed to prepare a vacating ordinance in accordance with this resolution. By Councilman Bagnall, seconded by Councilman Salvadore, it was #544-59 RESOLVED That, pursuant to the report and recommendation of the City Planning Commission dated August 19, 1959, in regard to Petition No. V-46 submitted by Warner & Warner on behalf of Green Bros. Builders to vacate Hees Street in New-Joy Subdivision in the Southeast 1/4 of Section 32, the Council does herein concur in the recommendation of the City Planning Commission and Petition No. V-46 is approved, subject to an easement being reserved for public utilities and surface drainage; and the Department of Law is instructed to prepare a vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Salvadore and Grant. NAYS: Sasser and McCann. The President declared the resolution adopted. Page 4062 By Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, it was #545-59 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated August 19, 1959, in regard to Petition No. V-47 submitted by Robert Cain to vacate the present easement beginning at the junction of Lots 197, 199 and 200 in Livonia Meadows Subdivision in the Southeast 1/4 of Section 12, the Council does hereby approve of and grant said Petition No. V-47; and the Department of Law is instructed to prepare a vacating ordinance in accordance with this resolution. By Councilman Salvadore, seconded by Councilman Sasser, it was #546-59 RESOLVED that, having considered the following reports: (a) report of City Planning Commission dated August 27, 1959; (b) report of Police Department dated August 28, 1959; (c) reports of Fire Department dated August 13, 1959 (and June 11, 1959); and (d) report of Health Department dated August 11, 1959. which reports have been submitted to the Council in accordance with the provisions of Ordinance No. 193, as amended, of the City of Livonia, which ordinance provides for the licensing of drive-in theaters, the Council does hereby approve the Application for License dated June 2, 1959, submitted by the Livonia Drive-In Theatre Company, 2615 Woodward Avenue, Detroit, Michi- gan, a Michigan Corporation, and does hereby authorize the City Clerk to issue a license to such applicant for the operation of a drive-in theater consistent with the statements and information contained in the said applica- tion, such license to be issued and such business to be operated in accor- dance with the provisions of the aforementioned Ordinance No. 193, as amended, of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Sasser, Salvadore and Grant. NAYS: O'Neill, Kleinert and McCann. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Sasser, it was #547-59 RESOLVED that, having considered the report of the City Planning Commission dated August 27, 1959, in regard to Petition M-158 submitted by the Livonia Drive-In Theatre Company, requesting permission to use certain property situated in the Southwest 1/4 of Section 29 for the purpose of erecting and operating a drive-in theater, the Council does hereby request the City Planning Commission to reconsider its determination in regard thereto, considering also the action taken by this Council in resolution Page 4063 #546-59 adopted on September 14, 1959, and the Council requests that such reconsideration be given as soon as is reasonably possible and, in this connection, suggests that a special meeting of the City Planning Commission be called for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Sasser, Salvadore and Grant. NAYS: O'Neill, Kleinert and McCann. The President declared the resolution adopted. Councilman Bagnall introduced the following emergency Ordinance: No. 266 AN ORDINANCE TO AMEND SECTIONS 13 and 15 OF ORDINANCE NO. 135, AS AMENDED, OF THE CITY OF LIVONIA, ENTITLED "PLAT ORDINANCE". THE CITY OF LIVONIA ORDAINS: Section 1. Sections 13 and 15 of Ordinance No. 135, as amended, of the City of Livonia entitled, "Plat Ordinance" are hereby amended as follows: Section 13. Minimum Requirements as to Improvements. Minimum requirements as to improvements, as to kind, description, quality and quantity, in or on any lands within a proposed plat are hereby established as follows: (a) Roads. Streets, and Sidewalks. All roads, streets and sidewalks shall be furnished and constructed in conformance with the Subdivision Regulations and the Master Plan of the City of Livonia, as heretofore or hereafter adopted by the Planning Commission and shall be constructed in accordance with plans and specifications approved of by the Department. 1. Residential Streets. Except as may otherwise be required, concrete paving with monolithic curb and gutter thirty-one (31) feet back to back of curbs 6-8-6 pavement design. 2. Half-Mile Roads. Except as may otherwise be required, concrete paving with monolithic curb and gutter thirty-four (34) feet back to back of curbs 7-9-7 pavement design. 3. Except as may otherwise be required, sidewalks shall be constructed five (5) feet in width and shall be con- structed from curb to sidewalk at all street intersections. 4. All manholes, watergates, hydrants and shut-off boxes to be adjusted to proper grade in relation to curb and sidewalk. Page 4064 5. All subdivision monuments to be checked after all improvements are installed and to be corrected or re- placed as necessary and set to within 2 inches of finish grade. 6. Street signs shall be furnished and installed in conformance with the Subdivision Regulations. 7. The Council may establish by resolution sidewalk and roadway widths and designs as to any proposed plat other than the above specifications where deemed necessary or beneficial for the safety and welfare of the people of Livonia. (b) Sanitary Sewers and Water Lines. All public sanitary sewers and water lines shall be furnished and constructed in conformance with the requirements of the Department and shall be constructed in accordance with plans and specifications approved of by the Department. (c) Trees. All trees shall be purchased and planted by the Department of Parks and Recreation. The Proprietor of each proposed plat or subdivision shall deposit with the City of Livonia in a special fund to be designated as the "Tree Fund" the sum of twenty dollars ($20.00) for each lot in said proposed plat or subdivision. Said sums so deposited shall be used for purchasing, replacing, planting and maintaining trees in re- corded subdivisions. The Council shall have the right by resolution to reduce or increase the amount to be deposited in the "Tree nand" as to any proposed plat. (d) Traffic Signs. All traffic signs shall be purchased and installed by the Operations Division of the Department. The Proprietor of each proposed plat or subdivision shall deposit with the City of Livonia in a special fund to be designated as the "Sign Fund" a sum to be determined by the Council in connection with each plat or subdivision to cover the cost of purchasing and installing an adequate number of street traffic signs necessary in the interest of the public safety. Said sums so deposited shall be used for purchasing, replacing, installing and maintain- ing street traffic signs in recorded subdivisions. (e) Grade Level. The rear grade level of each lot shall be in conformity with the grade level as indicated in the plans and specifications submitted and approved of by the Department. (f) Other Improvements. All other improvements not specifically mentioned in this section shall be constructed and installed in conformance with the Subdivision Regulations, regulations of the Department, ordinances of the City and resolutions of the Council. The establishment of the foregoing minimum requirements shall not in any way prevent the Council from imposing such additional requirements as may be authorized by law, including the Platting Act. Page 4065 Section 15. Bonds and Agreements. The Council may require bonds and agreements as provided in the Platting Act and may otherwise re- quire bonds and agreements if it determines the same are necessary with respect to all improvements in each plat, insuring the proper installation and construction of all improvements. Section 2. 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 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 remaining portions of this ordinance. Section 4. This ordinance is hereby declared to be an emergency ordinance necessary for the protection of the public health and welfare, and shall take effect immediately on publication. A roll call vote was conducted on the foregoing ordinance with the following result: AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. The President declared the ordinance duly adopted and would become effective on publication. A recess was called at 10:00 P. M., after which the meeting resumed with all members present who were named as present in the original roll call, except Councilman O'Neill, who was excused for the balance of the meeting. By Councilman Sasser, seconded by Councilman McCann and unanimously adopted, it was #548-59 RESOLVED that, after due consideration of the letter from Sylvan Building Company, 18451 Wisconsin, dated September 2, 1959, the Council has determined to and does deny their request to use a portion of City owned property for use as a cul-de-sac in connection with the proposed Taylor Garden Subdivision; however, the Council refers this matter to the City Planning Commission for its consideration and recommendation. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #549-59 RESOLVED that, the letter from the Water and Sewer Commissioner regarding new water rates for Wayne County Metropolitan Water Supply System be referred to a joint meeting of the Council and the Water and Sewer Board for report and recommendation. Page 4066 By Councilman Sasser, seconded by Councilman McCann, it was #550-59 RESOLVED that, having considered the request from the City Planner dated August 21, 1959, the Council does hereby transfer the sum of $400.00 from the Unappropriated Surplus to the Planning Commission Budget Account No. 8 (publishing) for the reasons contained in the aforementioned letter from the City Planner. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Sasser, Salvadore, McCann and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Bagnall, it was #551-59 RESOLVED that, pursuant to the report and recommendation of the Superintendent, Parks and Recreation, dated September 4, 1959, the Council does hereby accept the bid of the Vermeer Manufacturing Company, Pella, Iowa, for supplying to the City one Vermeer Model 10 Pow-R stump cutter; 20 sets of teeth and 1 Skil Grinder, at the submitted bid price of $3,311.90, such having been the lowest bid received for these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Salvadore, it was #552-59 RESOLVED that, pursuant to the request of the Chairman, Parks and Recreation Commission, dated August 7, 1959, and transmitted to the Council by the Budget Director on August 31, 1959, which request was approved by the Mayor and Budget Director, the Council does hereby transfer the sum of $1,000.00 from Parks Department Budget Account No. 1-a (salaries - superinten- dent) in the following manner: $600.00 to Operations Division Budget Account No. 70-E (equipment); $200.00 to Parks Department Budget Account No. 42 (seeding and Planting); 4200.00 to Parks Department Budget Account No. 67 (planning of new areas). A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. By Councilman McCann, seconded by Councilman Salvadore, it was #553-59 RESOLVED that, pursuant to the reports and recommendations of the Superintendent, Operations Division, dated August 4, 1959, and September 8, 1959, approved by the Director of Public Works, the Council does hereby Page 4067 accept the bid of Contractors Machinery Company, for supplying to the City one portable air compressor at the submitted bid price of $3,095.00, such having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Kleinert, it was #554-59 RESOLVED that, having considered the request of Stout Home Developers dated September 8, 1959, the Council does hereby amend Item No. 2 of its resolution #709-58 adopted on November 10, 1958, to read as follows: (2) That a 50 foot set back be established and maintained for the houses and a 62 foot set back be established and maintained for detached garages, and a 50 foot set back be established and maintained for garages which are attached to the dwelling, on each of the 80 foot lots abutting Five Mile Road and Schoolcraft Road; provided, however, that this action shall not be construed so as to relieve the proprietor of any of the other conditions set forth in the resolution amended herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Salvadore, McCann and Grant. NAYS: Sasser. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Bagnall, it was #555-59 RESOLVED that, Green Bros., 19144 Schaefer Road, Detaait 35, Michigan, as proprietors, having requested the City Council to approve the proposed Plat of the following subdivision: New Joy Subdivision No. 2, located in the Southeast 1/4 of Section 32, City of Livonia, and it appear- ing that tentative approval of said proposed plat was given by the City Planning Commission under date of July 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 September 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; Page 406$ (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said proprietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: Bond of $35,000.00 on New Joy Subdivision, pursuant to resolution #435-59, will apply against New Joy Subdivision No. 2; 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 pro- visions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. New Joy Subdivision No. 2 being a re-plat of New Joy Subdivision.Lots 25, 58, 59, 60, 61 and 62, under this subdivision, are now being numbered 115 to 122, inclusive. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Salvaodre, it was #556-59 RESOLVED that, having considered the request of the Chief City Engineer dated September 4, 1959, approved by the Director of Public Works, the Council does hereby authorize the expenditure of $1,800.00 from the Special Municipal Refuse Disposal Budget Account for the purpose of pur- chasing approximately 11,500 feet of industrial type chain link fence from the Ford Motor Company; and the Mayor and City Clerk are 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: *Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. -Councilman Bagnall abstained from voting, which is recorded as a yes vote under the provisions of Section 10 of Ordinance No. 27, as amended. Page 4069 By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #557-59 RESOLVED that, having considered the communication from the Michigan Liquor Control Commission dated July 20, 1959, and the report of the Livonia Police Department, dated September 2, 1959, the Council does hereby approve of the request from Alfonso H. Carucci, 19036 Middle- belt, Livonia, for a new SDM license. By Councilman McCann, seconded by Councilman Sasser and unanimously adopted, it was #558-59 RESOLVED that, having considered the communication from the Michigan Liquor Control Commission dated July 17, 1959, and the report of the Livonia Police Department, dated September 2, 1959, the Council does hereby approve of the request from Patrick A. Melly for a transfer of ownership of 1959 SDM license from Evelyn M. Figley, located at 28251 West Five Mile Road, Livonia, Michigan. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #559-59 RESOLVED that, having considered the communication from the Michigan Liquor Control Commission dated June 18, 1959, and the report of the Livonia Police Department dated September 2, 1959, the Council does hereby approve of the request from Independent Drug Fair, Inc., for a new SDM license to be located at 27462 Schoolcraft, Livonia, Michigan. By Councilman Bagnall, seconded by Councilman Sasser, it was #560-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated September 1, 1959, and approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council re- solution #147-59 adopted on March 9, 1959, so as to reduce the bond for remaining improvements in Kingsbury Heights Subdivision to $26,000.00; and the City Clerk is 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: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Salvadore, it was #561-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated September 3, 1959, and approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council re- solution #603-58, adopted September 22, 1958, so as to reduce the bond for remaining improvements in Men -Lynn Farms Subdivision No. 4 to $9,000.00; and the City Clerk and City Treasurer are hereby authorized to do all things necessary to the full performance of this resolution. Page 4070 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Kleinert, it was #562-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated September 3, 1959, and approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolution #283-59 adopted May 11, 1959, so as to reduce the bond for remaining improvements in Burton Hollow Subdivision No. 2 to $195,000.00; and the City Clerk is 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: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Kleinert, it was #563-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated September 4, 1959 and approved by the Director of Public Works, the Council does hereby approve the reduction of bond in the amount of $225,000.00 established in resolution #448-58, adopted July 14, 1958, for the installation of improvements in Beverly Gardens Subdivision, a plat of record, to the amount of $42,000.00, to cover remaining improvements, and the City Clerk is 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: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Kleinert, it was #564-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated September 3, 1959, and approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council re- solution #148-59 adopted March 9, 1959, so as to reduce the bond for re- maining improvements in Sunset Park Subdivision to $78,000.00; and the City Clerk is 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: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. Page 4071 By Councilman Sasser, seconded by Councilman Bagnall, it was #565-59 RESOLVED that, having considered the letter from the Engineering Division, dated September 13, 1959, and pursuant to resolution #290-58 adopted May 12, 1958; resolution #604-58, adopted September 22, 1958; resolution #446-59 adopted July 13, 1959, and resolution #502-59 adopted August 10, 1959, the Council does hereby accept the final estimate on the Middlebelt-Clarita Sanitary Sewer Extension in the amount of $3,900.00, payable to Terra Construction Company, Inc., 18042 Lesure, Detroit 35, Michigan, and the City Clerk and City Treasurer are hereby authorized to pay to said Terra Construction Company, Inc., the sum of $400.00, the provisions of resolution #446-59, dated July 13, 1959; and the sum of $3,500.00 to be paid by the Wayne County Road Commission from the proceeds of the bond issue of Contract Sewers. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Salvadore, it was #566-59 RESOLVED that, having considered the letter from the Engineering Division, dated September 8, 1959, the Council does hereby grant an ex- tension of time to Charles F. Smith & Son, Inc., to complete contract in Section 2 for water main additions, to October 31, 1959, and the City Clerk is hereby authorized to sign said extension on behalf of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Sasser, it was #567-59 RESOLVED that, having considered the request contained in a letter dated August 27, 1959 from the Compton Village Civic Association, 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 street lamps of suitable lumen strength to be installed at the intersections of Meadowlark and Middlebelt Road and Jacquelyn and Middlebelt Road, it being the determination of the Council that such inter- sections require lighting in order to adequately protect the public safety of the residents of the community. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. Page 4072 wy ::uncilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it #568-59 RESOLVED that, the next regular meeting of the Council of the City of Livonia be held September 21, 1959. On motion of Councilman Sasser, seconded by Councilman Bagnall and unanimously adopted, this 286th regular meeting of the Council of the City of Livonia was duly adjourned at 11:02 P. M., September 14, 1959. -;//'// - -7 Ma 0: W. Clark, City Clerk