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HomeMy WebLinkAboutCOUNCIL MINUTES 1958-04-28 Page 3367 MINUTES OF THE TWO HUNDRED FORTY-FOURTH REGULAR FETING OF THE COUNCIL OF TIE CITY OF LIVONIA On April 28, 1958, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:11 P. M., by the President of the Council. Councilman Bagnall 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 #249.58 RESOLVED that, the minutes of the 243rd regular meeting of the Council of the City of Livonia held April 21, 1958, are hereby approved. By Councilman Sasser, seconded by Councilman Salvadore, it was #250-58 RESOLVED that, pursuant to the request of the Police Commissioner dated April 24, 1958, and approved of by the Budget Bbector and the Mayor, there is hereby transferred from the Police Department Budget Account No. 1-A (Regular Police Payroll Account) to the Police Department Budget Account No. 1-X (Clerical Payroll Account), the sum of $2,000.00 in order that temporary clerical help can be hired to perform the duties of a patrolman on a temporary basis until such time as a cadet patrolman can be employed. A roll call vote was Laken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it w as #251-58 RESOLVED that, the report of the Legislative Committee dated April 28, 1958, be received and placed on file and that the proposed new ordinances be introduced under new business. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #252-58 RESOLVED that, the Council having reconsidered the report and recommendation of the Assistant City Engineer and Director of Public Works dated March 6, 1958, and the communication from the Consulting Engineer dated March 12, 1958, and also having again reviewed and studied the tenta- Page 3368 tive plat for the proposed Patty Ann Subdivision, does hereby rescind Council resolution #203-58 adopted by the Council on March 31, 1958, the Council being convinced that the improvement of 63 lots in the proposed Patty Ann Subdivision is not likely to cause undue flooding of other homes in the central portion of the City, the proprietor having agreed to clean out, reshape and fence that portion of the Bell Drain adjacent to the pro- posed subdivision and having heretofore deposited a sum of money with the City to cover the cost of same. By Councilman Bagnall, seconded by Councilman Sasser, it was #253-58 RESOLVED that, Mr. Harold H. Gordon, Gordon Begin Company, 18450 James Couzens Highway, Detroit 35, Michigan, as proprietor, having requested the City Council to approve the proposed plat of the following Subdivision: Patty Ann Subdivision, located in part of the West 1/2 of Section 24, City of Livonia, Michigan; and it appearing that tentative approval of said pro- posed plat was given by the City Planning Commission under date of April 3, 1956; 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 March 6, 1958; 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, L. within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such 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: - - - One Hundred Thirty-Eight Thousand Dollars - - ($138,000.00 - - - and until all inspection fees and other charges the to the City of Livonia have been fully paid; (4) On full compliance with the above conditions ani with the providions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval; (5) Provided, however, that the proprietor erect and construct a steel wire fence not less than six (6) feet in height along that portion of the Northern boundary of the Bell No. 2 Drain immediately adjacent to the subdivision approved herein. A roll call vote was taken on the foregoing resolution with the following result: Page 3369 AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. President Grant relinquished the chair to Vice President McCann at 8:19 P. M. The Ordinance entitled, "An Ordinance Amending Ordinance No. 60 of the City Entitled, 'Zoning Ordinance of the City of Livonia', by Adding Thereto Article 9.50", introduced April 21, 1958, by Councilman Grant, was taken from tie table and a roll call vote conducted thereon with the following result: AYES: Grant, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and McCann. NAYS: None. The Vice President declared the ordinance duly adopted and would become effective on date of publication. The President resumed the chair at 8:20 P. M. The Ordinance entitled "An Ordinance Amending Section 12 of Ordinance No. 193 of the City of Livonia 1''ntitled, 'An Ordinance to License the Operation of Drive-In Theaters in the City of Livonia; to Establish Requirements for Their Operation; to Provide for the Administration and Enforcement of this Ordinance; to Provide a Penalty for the Violation of the Terms Thereof; and to Provide for the Repeal of Prior Or- dinances and Parts of Ordinances," introduced April 21, 1958 by Councilman Kleinert, was taken from the table and a roll call vote conducted thereon 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 date of publication. By Councilman Bagnall, seconded by Councilman Salvadore, it was #2511-58 RESOLVED that, Glenbrook Land Company, Inc., 2166 National Bank Building, Detroit 26, Michigan,aa proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Glenbrook Estates Subdivision, located on the Southeast corner of Eight Mile Road and Newburgh Road in the Northwest 1/11 of Section 5, City of Livonia, Page 3370 and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of March 19, 1957; and it further appearing that said proposed plat, together with the plans aid specifications for improvements therein, have been approved by the Department of Public Works under date of April 15, 1958; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be supervised and inspected by the Department of Public works and such 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 pro- prietors a bond to the City of Livonia, in such form as may be ap- proved by the City Attorney, and in the following amount: $189,000.00; One Hundred Eighty Nine Thousand Dollars and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) 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; (5) Provided, however, that the approval contained herein shall not be deemed an approval of any off-site improvements whatsoever and that the bond established herein for subdivision improvements relates only to those improvements being constructed by the pro- prietor within the boundaries of this subdivision and provided further that the proprietor shall, before the installation of any off-site improvements, secure the Council's approval of same and file with the City a surety bond in an amount established by the Council and covering the cost of such off-site improvements. 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. im. By Councilman Salvadore, seconded by Councilman Sasser and unanimously adopted, it was Page 3371 #255-58 RESOLVED that, the letter from Walter Muller dated March 10, 1958, in regard to certain property designated by the City of Livonia as a proposed fire station location, is hereby referred to the Department of Law with the request that the Department of Law secure from the writer of the above letter his asking price for such property and also other information relative to the possible purchasing of such property by the City and to report same back to the Council at the next regular meeting. By Councilman Sasser, seconded by Councilman McCann and unanimously adopted, it was #256-58 RESOLVED that having considered the letter from the Department of Law dated April 24, 1958, and also having considered the letter from Kasoff and Young dated April 17, 1958, the Department of Law is herein instructed to prepare the necessary resolutions and take the necessary actions toward condemning the property necessary for improving Yale Avenue from Plymouth Road South for a distance of 297 feet in Section 32 of the City of Livonia. The hour of 8:30 P. M., having arrived, Marie W. Clark, City Clerk, opened and read the following bids: President Grant relinquished the chair to Vice President McCann at 8:31 P.M., and was excused. *POLICE UNIFORMS 1. Ben Uniforms 2. Miller Manufacturing Co. 3. Mike Stark, regular police LG. Mike Stark, auxiliary police 5. Mike Stark, special police 6. Maier Lavaty Company 7. Smith and Bennett *Copies of the foregoing bids are on file in the office of the City Clerk. Councilman Grant returned at 8:36 P. M. POLICE MOTORCYCLE 1. Helkas Motorcycle Sales $1,192.10 (without radio) 2. Harley Davidson Motorcycle Co. 2,097.88 (with radio) By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #257-58 RESOLVED that, the foregoing bids for Police Uniforms and Motorcycle are hereby referred to the Police Commissioner for report a nd recommendation. President Grant resumed the chair at 8:39 P. M. Page 3372 By Councilman Kleinert, seconded by Councilman O'Neill and unanimously adopted, it was #258-58 RESOLVED that, Petition No. V-31 of residents in Botsford Park Subdivision asking for the vacating of alleyways in said subdivision, is hereby referred to the City Planning Commission for a public hearing pursuant to the provisions of Ordinance No. 29. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #259-58 RESOLVED that, having considered the recommendation of the City Planning Commission in connection with Petition No. Z-234a dated March 211, 1958, the Council does herein concur in such recommendation aid determines to adopt the ordinance contained therein. Councilman Bagnall introduced the following Ordinance: NO. AN ORDINANCE AMENDING ORDINANCE NO. 60 OF TIE CITY OF LIVONIA ENTITLED, "AN ORDINANCE TO ESTABLISH DISTRICTS IN THE CITY OF LIVONIA; TO REGULATE THE USE OF LAND AND STRUCTURES THEREIN; TO REGULATE AND LIMIT THE HEIGHT, THE AREA, THE BULK AND LOCATION OF BUILDINGS; TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIED USES; TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES; TO REGULATE THE DENSITY OF POPULATION; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE; TO PROVIDE FOR A BOARD OF APPEALS, AND ITS POWERS AND DUTIES; AND TO PROVIDE A I✓ENALTY FOR THE VIOLATION OF THE TERMS THEREOF," BY ADDING THERETO ARTICLE 5.50 THE CITY OF LIVONIA ORDAINS: Section 1. Ordinance No. 60 of the City of Livonia is hereby amended by adding thereto Article 5.50 as follows: ARTICLE 5.50 R-L DISTRICT REGULATIONS Section 5.51. Application of Article. The regulations set forth in this article shall apply in all R-L Districts. Section 5.52. Uses Permitted. In all R-L Districts no building or land, except as otherwise provided in this nrdinance,shall be erected or used except for one or more of the following specified uses: (a) All uses that are permitted in R-1 Districts; provided, however, that notwithstanding any other provision of this ordinance contrary hereto or in conflict herewith, every residential lot or parcel in an R-L District shall have the minimum lot area set forth in Page 3373 Section 5.54 of this article. (b) All uses permitted under Article 6.00 and Article 7.00 of this Ordinance, that is R-2 and R-3 uses, are specifically excluded from and prohibited in the R-L District. Section 5.53. Building Heights. No building hereafter erected or altered in R-L Districts shall exceed thirty-five (35) feet in height or two (2) stories except as provided in Section 4.41 to 4.44, inclusive, of this ordinance. Section 5.54. Lot Area. Every lot in R-L Districts shall have a minimum width of eighty (80) feet at the building line and a minimum depth of 120 feet. Any lot or parcel of record at the time of adaption of this amendment which is of lesser area than the specifications herein provided, and which cannot meet the requirements of area, side yard, front yard, and rear yard as provided in this article shall otherwise comply with all re- quirements of R-1 Districts. S ction 5.55. Percentage of Lot Coverage. One family dwellings together with accessory buildings, hereafter erected on any lot in R-L Districts shall not cover more than twenty-five (25) percent of the area of lot, provided that this requirement shall not apply to any lot or parcel which at the time this ordinance becomes effective is lesser in area than the specifications herein provided if such lot or parcel was of record at the time of the adoption of this ordinance. Section 5.56. Front Yard. Each lot in R-L Districts shall have a front yard not less than thirty-five (35) feet in depth. Section 5.57. Side Yards in General. All lots in R-1 Districts shall have two (2) side yards each having a width of not less than six (6) feet and the combined width shall not be less than fifteen (15) feet. Section 5.58. Side Yards Abutting Upon Street. Houses on corner lots shall not be constructed less than twenty-five (25) feet from the street right-of-way lines adjacent to such lots. Section 5.59. Rear Yards. Each lot in R-L Districts shall have a rear yard of a depth of not less than thirtsy-five (35) feet. Section 5.60. Off-Street Parking. Off-street parking facilities shall be provided as hereinbefore specified in Article 4.00, Section 4.37 to 4.40 inclusive, of the City of Livonia Zoning Ordinance. Section 5.61. Exception. Notwithstanding any provisions of this article uses permitted in R-U-F Districts shall be allowed and permissible in R-Ltricts as to all lots and parcels of property in R-L Districts which at the time this ordinance becomes effective, have an area of one-half (1/2) acre or more as may be required for such uses under Article 8.00 of the Zoning Ordinance and an average width of not less than one-fourth (1/4) the average depth; provided that such lot or parcel of land shall not be required for the purposes of this section to have a width greater than one hundred (100) feet. Page 33711 Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remaining portion of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #260-58 RESOLVED that, having considered the recommendation of the City Planning Commission in connection with Petition No. Z-259 dated March 2I, 1958, the Council does herein concur in such recommendation and determines to adopt the ordinance contained therein. Councilman Kleinert introduced the following Ordinance: NO. AN ORDINANCE AMENDING ARTICLE 7.50 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA," Bi ADDING THERETO SECTION 7.61. TIE CITY OF LIVONIA ORDAINS: Section 1. Article 7.50 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia" is hereby amended by adding thereto Section 7.61 as follows: Section 7.61. Exception. Notwithstanding any of the provisions of this article, uses permitted in R-U-F Districts shall be allowed and permissible in R-U Districts as to all lots and parcels of property in R-U Districts which, at the time this ordinance becomes effective, have an area of one-half (1/2) acre or more as may be required for such uses under Article 8.00 of the Zoning Ordinance, and an average width of not less than one-fpurth (1/11) the average depth; provided, that such lot and parcel of land shall not be required for the purposes of this section to have a width greater than one hundred (100) feet. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remain- ing portion of this ordinance. Page 3375 The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #261-58 RESOLVED that, having considered the recommendation of the City Planning Commission in connection with Petition No. Z-262 dated March 24, 1958, the Council does herein concur in such recommendation and determines to adopt the ordinance contained therein. Councilman Kleinert introduced the following Ordinance: NO. AN OnJINANCE AMENDING SUBSECTION (c) OF SECTION 8.02 AND SECTION 8.06 OF ARTICLE 8.00 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA." THE CITY OF LIVONIA ORDAINS: Section 1. Subsection (c) of Section 8.02, and Section 8.06 of Article 8.00 of Ordinance No. 66, as amended, entitled "Zoning Ordinance of the City of Livonia," are hereby amended to read as follows: Section 8.02. Uses Permitted. In all R-U-F Districts no building or land, except as otherwise provided in this ordinance, shall be erected or used except for one or more of the following specified uses; (a) All uses permitted in R-1 Districts. (b) Nurseries, greenhouses and truck gardens. (c) Off-street parking facilities when such land is owned by an industry and lies between zoned industrial property and a highway, upon the approval of the City Planning Commission; provided, how- ever, that in all such cases a greenbelt screen planting strip not less than twenty (20) feet wide is created and maintained adjacent to residential uses. (d) On one-half (1/2) acre or more, fowl and rabbits may be raised and kept for owner's consumption only; on one (1) acre or more, two (2) horses may be kept for owner's use only; and on two (2) acres or more, two (2) horses and one (1) cow or three (3) horses may be kept for owner's use only; dog kennels may be operated, and fowl and rabbits may be raised for sale; provided, however, that such animals and fowl are properly housed, maintained and fenced so as not to become a nuisance or detrimental to public health, safety or welfare. (e) One (1) non-illuminating sign not greater than nine (9) square feet in area pertaining to the sale or lease of premises or ad- Page 3376 vertising the sale of the produce, raised thereof, shall be per- mitted on a lot; not more than one (1) non-illuminating trespassing, safety or caution sign, not over two (2) square feet in area, on any ane lot. (f) Accessory buildings or structures and uses customarily inci- dental to any of the above uses when located on the same property, but not more than one (1) temporary building for the sale of the produce of any of the above uses, which shall be located not less than twenty-five (25) feet from the street or highway right-of-way line, and further than an open space for parking, twenty-five (25) feet off the street or highway right-of-way, be provided for partons of the market. Section 8.06. Front Yards. Each lot in R-U-F Districts shall have a front yard of not less than forty (40) feet in depth. Section 2. All ordinances or parts of ordinances inconflict 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 invalid, such holding shall not affect the validity of the remaining portion 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 Bagnall and unanimously adopted, it was #262-58 RESOLVED that, action on the proposed Bai-Iynn Park Subdivision is hereby tabled to the meeting of May 12, 1958, in order to allow the C ouncil additional time to study the proposal of the proprietor that he be allowed to use a temporary storm water retention basin rather than install permanent storm sewer lines as required by the City of Livonia and also the Council does herein establish the evening of Wednesday, May 7, 1958, at 8:00 P. M., at Bentley High School as the time and place that a public hearing will be con- ducted to enable the residents of the affected portion of the community to convey their views to the City Council and to assist the C ouncil in determining whether or not the proposed installation will create or be likely to create a condition detrimental to either the public health, safety or welfare of the community; and further that the City Clerk is herein requested to have published once in the official newspaper on May 1, 1958, notice of such public hearing in order that interested persons might be present. By Councilman Salvadore, seconded by Councilman Sasser, it was #263-58 RESOLVED that, the Council does herein request that the Department of Law immediately prepare an ordinance or amending ordinance that would prohibit the use of temporary storm water retention basins or reservoirs in residential or proposed residential subdivisions for use in the event Page 3377 the Council determines that such temporary facilities are likely to inter- fere with the public health, safety and welfare and not in accordance with the proposed plans of this municipality for a system of permanently en- closed storm drainage facilities and that as a matter of policy such temporary facilities are not desired. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, S alvadore, and McCann. NAYS: O'Neill, Bagnall and Grant. The President declared the resolution adopted. By Councilman Sasser, seconded by Councilman O'Neill and unanimously adopted, it was #26L-58 RESOLVED that, the Council suspend the rules of procedure to take care of items not on the agenda. The following persons appeared before the Council: Mr. Jack Sutton, 20345 Weyher, Hearthstone Subdivision, Mr. Charles Pierce, 28664 Fargo, President of Hearth- L, stone Home Owners Association, and Mr. Louis Schmidt, 20405 Antago, Superintendent of Clarenceville Public Schools, and spoke of the tragic accident which happened on Eight Mile Road to a child going to school. By Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, it was #265-58 RESOLVED that WHEREAS, on April 25, 1958, a certain tragedy occurred within the City of Livonia to one of our residents and citizens in that his son Bobbie Kelly was the victim in a fatal accident that occurred on Eight Mile Road between Grand River Avenue on the East and Middle Belt Road on the West; and WHEREAS, Eight Mile Road is the dividing line between the County of Wayne and the County of Oakland, with the North side of Eight Mile Road at this point being under the jurisdiction of the Oakland County Road Com- mission; and WHEREAS, this highway runs through the northerly boundary of the City of Livonia and is a heavily traveled highway with a present speed limit thereon of 40 miles per hour which this Council believes to be an excessive rate of speed on such a heavily traveled highway in a heavily populated residential area within the City; and WHEREAS' because of said road being under the jurisdiction of the Oakland County Road Commission, the City of Livonia does not have the power Page 3378 to control the rate of speed on said road even though the same is within and adjacent to the corporate limits of the City; and WHEREAS, it is the belief of the Council that unless said road is better controlled and the speed limit lowered thereon that other fatal accidents are likely to occur to the citizens of Livonia as well as to others; and WHEREAS, it is the desire of this Council to protect its citizens and others at this location aid the Council deeming it necessary to petition the Cakland County Road Commission in this regard, NOW, THEREFORE, BE IT RESOLVED that, the Livonia City Council does hereby respectfully petition the Oakland County Road Commission to immediately take the necessary steps and procedures to /educe the speed of traffic on Eight Mile Road between Grand River Avenue on the East and Midale Belt Road on the West so as to make the sane safe for the travel of the residents and others living in this heavily populated area and further that such steps be taken as are necessary for the installation of a traffic light at the intersection of Brentwood and Eight Mile Road, that said authorities do all other things necessary to insure the safety of the inhabitants of the City of Livonia living in this area who are affected thereby; and that the City Clerk is hereby authorized to forward this resolution to the Oakland County Road. Commission and the Wayne County Road Commission, respectively. On motion of Councilman Bagnall, seconded by Councilman Salvadore and unanimously adopted, this 244th regular meeting of the Council of the City of Livonia was duly adjourned at 9:14 P. M., April 28, 1958. ' ) ) 4 , ( 6 Marie '1. Clark, City Clerk