HomeMy WebLinkAboutCOUNCIL MINUTES 1959-10-26 Page 4123
MINUTES OF THE TWD HUNDRED NINETIETH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On October 26, 1959, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President at approximately 8:41 P. M.
Councilman Sasser delivered the invocation. Roll was called with the following
result: Present-- Austin T. Grant, Frank O'Neill, Sydney B. Bagnall, Rudolf R.
Kleinert, Robert Sasser, Jack Salvadore and James R. McCann. Absent-- None.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#672-59 RESOLVED that, the minutes of the 289th regular meeting of the
Council of the City of Livonia, held October 19, 1959, are hereby approved.
Mayor William W. Brashear informed the Council of the resignation of
Douglas J. Campbell and introduced Mrs. Loree Maiwurm as the new Director of Public
Safety.
"An Ordinance to Provide for the Sounding of Signals by Railroad Trains
at Street Crossings; Requiring the Erection and Maintenance of Signal Boards at
Public Roads or Streets Where Crossed by Railroad Tracks at Grade and Providing
for the Penalty for the Violation Thereof," introduced by Councilman Sasser on
October 19, 1959, was taken from the table and a roll call vote conducted thereon
with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
The President declared the ordinance duly adopted and would become effective on
publication.
By Councilman Bagnall, seconded by Councilman Kleinert, it was
#673-59 RESOLVED that, having considered the report and recommendation
of the Budget Director dated October 16 and October 22, 1959, and approved
by the Mayor, the Council does hereby transfer from the Unappropriated
Surplus Account of the Budget the following respective amounts:
Page 41214
$15,000.00 (City's contribution) to Pension Account
2,200.00 (City's contribution) to Hospitalization Account
4,000.00 to Budget Account No. 12 (telephone account)
520.00 to Workmen's Compensation Account;
and these sums are hereby transferred for the reasons outlined in the
aforementioned letter of the Budget Director.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Salvadore and Grant.
NAYS: Sasser.
The President declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman Salvadore and unanimously
adopted, it was
#674-59 RESOLVED that, the communication from the Civil Service Com-
mission dated October 13, 1959, wherein they recommend the establishment
of the classification of Captain in the Fire Department, is hereby re-
ferred to the Mayor for his recommendation.
By Councilman McCann, seconded by Councilman Bagnall and unanimously
adopted, it was
#675-59 RESOLVED that, pursuant to the recommendation of the Traffic
Commission dated October 16, 1959, the Council of the City of Livonia
does hereby request that the County install "No Parking At Any Time"
signs on Farmington Road from Plymouth Road north to the Chesapeake and
Ohio Railroad; and the City Clerk is requested to immediately transmit
copies of this resolution to the Wayne County Board of Road Commissioners
and to Mr. Russell Harrison, Assistant Engineer of Traffic and Safety.
By Councilman Sasser, seconded by Councilman McCann, it was
#676-59 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer dated October 19, 1959, approved by the Director
of PublicWorks, the Council does hereby amend Item No. 3 of Council
resolution #296-59 adopted on May 11, 1959, so as to reduce the bond
for remaining improvements in Bai-Lynn Subdivision No. 3 to $9,100.00;
and the City Clerk is hereby authorized to do all things necessary or
incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Salvadore, seconded by Councilman McCann, it was
Page 4125
#677-59 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer dated October 19, 1959, approved by the Director
of Public Works, the Council does hereby amend Item No. 3 of Council
resolution #296-59, adopted on May 11, 1959, so as to reduce the bond
for remaining improvements in Bad-Lynn Subdivision No. 6 to $4,300.00;
and the City Clerk is hereby authorized to do all things necessary or
incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following results
AYES: McCann, O'Neill, Bagri 11 , Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Sasser, it was
#678-59 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer dated October 19, 1959, approved by the Director
of Public Works, the Council does hereby anend Item No. 3 of Council
resolution #296-59, adopted on May 11, 1959, so as to reduce the bond
for remaining improvements in Bai-Iynn Subdivision No. 8 to $2,200.00;
and the City Clerk is hereby authorized to do all things necessary or
incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Bagnall, it was
#679-59 RESOLVED that, having considered the report of the Chief City
Engineer dated October 19, 1959, and approved by the Director of Public
Works, which report indicates the cost of replacing the Hubbard Road
Bridge in the amount of $52,840.00, plus an additional $9,600.00 for
road improvements, the Council does accept such report and will consider
such project in the next Motor Vehicle Highway Fund Bond Issue.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman BagnaV"► , seconded by Councilman Sasser, it was
#680-59 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer dated October 19, 1959, approved by the Director
of Public Works, Council resolution #486-59 adopted on August 10,1959, is
hereby amended so as to add thereto the following sanitary sewer extension
to be financed out of remaining surplus revenues of the present sewer bond
issue:
Page 11126
5. The extension of a sanitary sewer from Orangelawn
Avenue north along Farmington Road to the Chesapeake
and Ohio Railroad,
at an estimated cost of 05,000.00, $50,000.00 of which is to come from
the said surplus funds; that the Council does herein determine that the
aforementioned sewer extension, together with those previously requested
by Council resolution #186-59, shall constitute the over-all plan of pro-
jects to be financed out of remaining surplus revenues, which over-all
plan was requested in a letter dated December 17, 1958, from the Board
of Wayne County Road Commissioners; and the Council determines that if,
after the installation and construction of the five parts of such over-all
plan, there are remaining surplus funds, that the same may be applied to
the next payment due on said bond issue; and the City Clerk is hereby
requested to transmit a certified copy of this resolution to the Board
of Wayne County Road Uommissioners; and also to the legal firm of Miller,
Canfield, Paddock and Stone for the necessary legal opinion that this
project may also be properly added to the existing contract and may be
properly financed out of such surplus bond revenues.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Kleinert and unanimously
adopted, it was
#681-59 RESOLVED that, having considered the communication from the Chief
City Engineer dated October 19, 1959, approved of by the Director of Public
Works, and the attached report of Hubbell, Roth and Clark, Inc., all of
which is submitted to the Council pursuant to a request contained in Council
resolution #1158-59 adopted on July 27, 1959, in connection with the status
of the presently planned and existing water facilities of the City of
Livonia, the Council does hereby notify the Engineering Division that it
may commence submitting to the Council once again recommendations in
connection with proposed subdivision plats, the Council having determined,
after consideration of the aforementioned reports, that the existing and
planned water facilities will adequately provide for new subdivisions
without detriment to existing residences; provided, however, that any
such recommendation from the Engineering Division shall specifically
cover the question as to whether such proposed subdivision will adversely
affect the water supply to existing residences.
By Councilman Sasser, seconded by Councilman McCann and unanimously
adopted, it was
#682-59 RESOLVED that, the recommendation of the Director of Public Works
regarding bids for equipment storage garage and masonry service garage
addition be tabled to the next regular meeting of the Council.
By Councilman Bagnall, seconded by Councilman Sasser, it was
Page 4.127
#683-59 RESOLVED that, having considered the request of the Director of
Public Works dated October 14, 1959, and approved by the Mayor, the Council
does hereby autho ri ze the expenditure by the Water Division from the
Operating and Maintenance revenues of same, the additional sum of $375.00
for printing expenses and $1110.00 for office expenses.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Sasser, it was
#681 -59 RESOLVED that, having considered the request of the Director of
Public Works dated October 19, 1959, approved by the Mayor, the Council
does hereby authorize the employment of a bookkeeping clerk in the Water
and Sewer Division and for this purpose does hereby authorize the use of
monies remaining in the Office Salary Account of the Water Budget of the
Water aid Sewer Division.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
Councilman McCann read and introduced the following Ordinance:
NO.
AN ORDINANCE AMENDING SECTION 10.02 OF ARTICLE
10.00 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:
Section 10.02. Uses Permitted. In all C-1 Districts no building
or land,exo pt 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 ap-
proval by the City Health Department and the City Planning Com-
mission where such sale will not interfere with sidewalk or
Page 1128
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. Notw ithstanding 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 regulations 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.
Open-air display for rental or sale of house trailers, trailers,
trucks, buses, automobiles for hire, householder's pneumatic tired
two and four-wheel utility trailers, pneumatic tired cement mixers,
having a capacity of not more than three and one-half (3-1/2) cubic
feet capable of being towed by a passenger automotile, and wheel-
barrows, rollers and similar products and equipment shall comply
with the following:
(1) A minimum lot area of eight thousand (8,000) square feet
shall be required;
(2) A building of not less than four hundred (100) square feet
in area and not more than fifteen (15) feet in height shall be
required, which shall be located on said lot;
(3) The display area shall be treated so as to prevent the
raising of dust or loose particles; such surfacing may be con-
structed of crushed stone, slag, gravel, cinders or any *pe of
surfacing meeting the approval of the Bureau of Inspection;
(4) Adequate lighting facilities shall be provided and so
arranged as to reflect light toward the trailer rental area and
away from streets and residential uses adjacent to the area.
(5) When such open-air display area is closed, there shall be
provided lighting with reflectors at a level of not less than
one (1) watt per each square yard of display area and with a
maximum of not more than one and one-half (1-1/2) watts per
each square yard of display area;
(6) The display area shall be enclosed with a six (6) foot
fence which shall be located and maintained on the boundaries
of such display area, with only such openings therein as may
be necessary for ingress and egress;
(7) Where a side yard or a rear yard of a display area is
immediately adjacent to a residential area, an eight (8) foot
greenbelt shall be required inside of the lot line in accordance
with Section 10.04 of this ordinance, and off-street parking
shall also be required in accordance with Section 10.16 of
this ordinance.
The above uses shall be used exclusively for the foregoing
purposes and shall be maintained with a stable surface that
Page 1]29
will not retain water. Provided further, in all cases where the
use of such premises involves the open-air display of pneumatic
tired cement mixers having a capacity of not more than three and
one-half (3-1/2) cubic feet, and as more fully heretofore described
in this section, the City Planning Commission, after hearing, finds
such use to be injurious to the contiguous or surrounding neighbor-
hood, essential to the public convenience and not contrary to the
spirit and purpose of this ordinance, the City Planning Commission
in making its finding may increase or modify such requirements in
specific cases, or may impose additional requirements and conditions
where necessary to protect the surrounding neighborhood.
(d) Shops producing merchandise to be sold at retail on the
premises, provided that the services of not more than five (5)
persons 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 considered 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 inC-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 condition
that the sign will be properly maintained, will not become un-
sightly and will not become a menace to the public health, safety
and welfare.
Section 2. All Ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section 3. 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.
Page 4130
The President relinquished the chair to the Vice President at 9:39 P. M.,
to speak on the above Ordinance. The President resumed the chair at 9:42 P. M.
The foregoing ordinance was placed on the table for consideration at the
next regular meeting of the Council.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
RESOLVED that, Harry Slatkin Builders, Inc., 11543 Dexter,
Detroit 6, Michigan, as proprietors, having requested the City Council
to approve the proposed plat of the following Subdivision: Country Homes
Estates Subdivision located on the northeast corner of Five Mile and New-
burgh Roads in the Southwest 1/4 of Section 17, City of Livonia, and it
appearing that tentative approval of s aid proposed plat was given by the
City Planning Commission under date of January 10 and April 22, 1959, and
it further appearing that said proposed plat, together with the plans and
specifications for i np rovements therein, have been approved by the Depart-
ment of Public Works under date of July 7, 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 thenapartment of Public Works and such
improvements shall not be considered as having been s atisfactorily
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 notauthorized 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 Qty Attorney, and in the follow-
ing amount:
Cash $ 26,000.00
Surety 237,000.00
and until all inspection fees and other charges due to the City
of Livonia have been fully paid;
(4) That the proprietor submit to the City Engineer as-built
plans of all improvements installed in the subdivision, on
cloth reproducible material;
(5) On full compliance with the above conditions and with the
provisions of said Plat Ordinance, as amended, the City Clerk
is hereby authorized to affix her signature to said Plat as
evidence of this approval; provided, however, that no certificates
of occupancy Shall be issued in Country Homes Estates Subdivision
until completion of the proposed water line on Farmington Road
Page 4131
tying into the extension of the Detroit service on Eight Mile
Road, and the improvement of the pumping facilities at the Joy
Road Pumping Station.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Kleinert and Grant.
NAYS: McCann, Bagnall, Sasser and Salvadore.
The President declared the resolution denied.
By Councilman Bagnall, seconded by Councilman Sasser and unanimously
adopted, it was
#685-59 RESOLVED that, the matter of establishing a bond for Country
Homes Estates Subdivision and Country Homes Estates Subdivision No. 2
be tabled to the next regular meeting of the Council.
By Councilman Bagnall, seconded by Councilman Salvadore and unanimously
adopted, it was
#686-59 RESOLVED that, pursuant to the report and recommendation of the
City Planning Commission dated October 20, 1959, in regard to Petition No.
Z-421 initiated by the City Planning Commission on its own motion for change
of zoning in the Southwest 1/4 of Section 25 from M-1 to C-2, the Council
does hereby approve of same and said Petition No. Z-421 is granted; and the
Department of Law is herein instructed to prepare an ordinance amending
Ordinance No. 60 in accordance with this resolution.
By Councilman Bagnall, seconded by Councilman Salvadore, it was
#687-59 RESOLVED that, having received an estimate of cost and preliminary
plans to extend presently existing water transmission lines in Farmington
Road from Five Mile Road to Eight Mile Road as prepared by Hubbell, Roth
and Clark, Inc., Consulting Engineers of Birmingham, Michigan, the same
being dated October 12, 1959, which plans were requested and authorized by
Council resolution #459-59, adopted on July 21, 1959, the Council does
hereby requewt and authorize that engineering firm to prepare the final
plans and specifications for such project.
A roll call vote was taken on the foregoing resoluta.on with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Sasser, it was
#688-59 RESOLVED that, having considered the request of the Parks and
Recreation Superintendent dated October 20, 1959, approved by the Mayor
and Budget Director, the Council does hereby transfer the sum of $3,000.00
Page 4132
from the Parks and Recreation Superintendent's Salary Account and $2,000.00
from Parks and Recreation Leadership Account to Parks and Recreation Budget
Account No. 67 (Planning New Areas) for the purpose of purchasing, hauling,
removing and/or stock-piling topsoil to be used in developing the forty
acre Farmington Road park site.
ft roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Salvadore, it was
#689-S9 RESOLVED that, the Council of the City of Livonia, in order to
more expeditiously conduct its business, does hereby direct the City
Attorney to prepare an amendment to the controlling ordinance permitting
the Council to introduce and offer the second reading of an ordinance by
title and number only, unless two or more members of the Council object.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Sasser, Salvadore and Grant.
NAYS: Bagnall and Kleinert.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#690-59 RESOLVED that, Petition No. V-52, submitted by Arthur A. Swanson
to vacate an easement located along the south side of Lots 7014 and 705,
and the west 25 feet of Lot 703 of Coventry Gardens Subdivision in the
Southeast 1/4 of Section 16, is hereby referred to the City Planning
Commission for action according to law and Ordinance No. 29.
On motion of Councilman Sasser, seconded by Councilman Bagnall and
unanimously adopted, this 290th regular meeting of the Council of the City of
Livonia was duly adjourned at 10:16 P. M., October 26, 1959.
Ma - .Clark, City Clerk