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HomeMy WebLinkAboutCOUNCIL MINUTES 1957-07-29 Page 2972 MINUTES OF THE Two HUNDRED FIFTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 29, 1957, the above meeting was held at 33011 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:20 P. M., by the Vice-President of the Council. Councilman Ventura delivered the invocation. Roll was called with the following result: Present-- Frank O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert, Peter A. Ventura and John T. Daugherty. Absent-- Austin T. Grant and David L. Jones, who are on vacation. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #550-57 RESOLVED that, the minutes of the 2114th regular meeting of the Council of the City of Livonia held July 15, 1957, and the adjourned 2114th regular meeting held July 22, 1957, are hereby approved as submitted. By Councilman Kleinert, seconded by Councilman Daugherty, it was #551-57 RESOLVED that, pursuant to the report and recommendation of the Director of Public Works dated July 25, 1957, and approved by the Mayor on that date, the Council does herein authorize the Department of Public Works to engage the services of the engineering firm of Hubbell, Roth and Clark to prepare the necessary plans and specifications for the Joy Road Pump House relief line and does also request that the Department of Law proceed immediately to obtain the necessary easements required by this relief line and the final storm drain line extending south from Joy Road to the Middle Rouge River. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Kleinert, Bagnall and O'Neill. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert and unanimously adop to d, it was #552-57 RESOLVED that, resolution #529-57, adopted by the Council at its regular meeting of July 15, 1957, be and hereby is rescinded. By Councilmen Daugherty, seconded by Councilman Ventura, it was #553-57 RESOLVED that, having considered the resolution adopted by the Council on July 11, 1955, authorizing the Water and Sewer Division to continue the then existing method of billing the Chevrolet Spring and Page 2973 Bumper Plant; that the Council hereby finds that the resolution was adopted L for good and sufficient reasons at that time, and for lawful and valid pur- poses; and that said resolution is hereby rescinded; and the rates and charges authorized therein shall cease to be effective on August 14, 1957, and that in the future, commencing on August 15, 1957, the Chevrolet Spring and Bumper Plant shall pay all sewage disposal rates and charges as set forth in Ordinance No. 115 of the City, and the dater and Sewer Division of the City is hereby authorized and directed to bill and collect the same accordingly. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Kleinert, Bagnall and O'Neill. NAYS: None. By Councilman Ventura, seconded by Councilman Daugherty and unanimously adopted, it was #554-57 RESOLVED that, the wlater Department is hereby requested to notify General Motors Corporation of the action of the Council taken this date. Councilman Ventura was excused at 8:57 and returned at 8:58 P. M. The report of the meeting with the City Planning Conmi s s ion regarding pro- L. posed ordinance on re-hearings was removed from the agenda. By Councilman Kleinert, seconded by Councilman Daugherty, it was #555-57 RESOLVED that, pursuant to the report and recommendation of the Chief Accountant dated July 26, 1957, there is hereby transferred from the Unappropriated Surplus Account to the Police Department Budget Account #70 E the amount of $150.00 to be used for the purpose of completing payment to Ralph Ellsworth, Inc., on the recent car and truck purchases. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Kleinert, Bagnall and O'Neill. NAYS: None. By Councilman Bagnall, seconded by Councilman Daugherty, it was #556-57 RESOLVED that, the report of the Finance Committee for the month of June, 1957, is hereby approved and a summary spread on the minutes as follows: General, Administrative and Legislative: Executive $ 46.80 L Legislative 747.65 City Treasurer 163.77 City Clerk 271.25 State & Federal Legislation 1,204.70 Page 2974 Department of Law $ 49.08 L Municipal Court Election Commission 869.72 7.52 Civil Service Commission 369,10 City Hall 1,057.95 Court 53.72 Traffic Commission 48.91 City Planning Commission 1,927.84 Board of Appeals 175.15 Civil Defense 1,153.37 $ 8,146.53 Department of Public Safety: Fire Commissioner 25.00 Police Commissioner 25.00 Fire Department 855.68 Police Department 1,887.08 2,792.76 Department of Public Works: Public Works Division 14,858.99 Engineering Division 226.50 Inspection Division 595.13 15,680.62 Department of Parks and Recreation: Parks Division 1,376.08 Recreation Division 1,211.46 L Cemetery Division Forestry Division 450.00 31.74 3,069.28 Insurance 2,366.11 Auditing 75.25 Acquisition of Land 597.75 3,039 .11 32,728.30 General Ledger Accounts: State Tax on Gasoline 450.00 Reserve for Encumbrances 347.69 Advances to Water Department 25.00 II Wayne County 50.00 Ill Motor Vehicle Highway 83.70 L/C Payment & Interest 2,176.22 Contract Payment 16,064.70 Inventories 1,374.48 20,571.79 TOTAL $53,300.09 A roll call vote was taken on the foregoing resolution with the following result : AYES: Daugherty, Ventura, Kleinert, Bagnall and. O'Neill. NAYS: None. LBy Councilman Bagnall„ seconded by Councilman Daugherty, it was #557-57 RESOLVED that, pursuant to the report and recommendation of the Page 2975 Finance Committee dated July 29, 1957, and pursuant to the provisions of Section 12 of Chapter VII of the City Charter and Section 9 of the Financial Ordinance, Ordinance No. 35, as amended, the Council does hereby accept the bid of Lybrand, Ross Bros. & Montgomery, Certified Public Accountants, Book Building, Detroit 26, Michigan, to review and examine the accounting procedures of the Water and Sewer Division and to prepare and submit to the Council a report of recommendations for improvements in accounting procedures and in the internal control of said division; such work to be performed for the sum of $3,800.00, that the aforementioned firm is requested to prepare and submit to the Council 4 satisfactory agreement or contract between the said firm and the City of Livonia consistent with the terms contained in their letter dated June 18, 1957, addressed to the Finance Committee; and that such agreement or con- tract shall fix the duties and responsibilities of said firm and the compensa- tion to be received for services rendered. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Ventura, Daugherty and Mein. NAYS: Kleinert. The Vice President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Daugherty and unanimously Imo adopted, it was #558-57 RESOLVED that, the request of the Department of Public Works dated May 15, 1957, regarding sanitary locker and lunch facilities at the Department of Public Works Garage be re-referred to the Department of Public Works for an additional estimate covering the installation of sanitary facilities only, in the Department of Public Works Service Garage. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was #559-57 RESOLVED that, the Council does herein determine that further taxicab service in the City of Livonia is necessary for the public con- venience and having considered the application of Vernon Foster and John Harrison d/b/a Livonia Yellow and Red Cab Company, 33234 Schoolcraft Road, Livonia, Michigan, dated May 27, 1957, and having received and considered the recommendation of the Police Department dated July 25, 1957, in connection with such application, the Council does herein determine further that the above applicant is a proper person, both in experience and character and that the applicant is fit and willing and able to engage in the public transportation business and to conform with the provisions of Ordinance No. 166, Taxicab Ordinance, and the rules promulgated thereunder by the Council; therefore, the Council does herein authorize the granting of a taxicab license to operate ten (10) taxicabs within the City of Livonia to the above applicant upon the payment of the license fee and the filing of the insurance policy or bond required by the provisions of the above Taxi.- cab Ordinance; provided, however, that said license shall be conditioned on the receipt of a favorable report from the Federal Bureau of Investigation, Page 2976 such report having heretofore been requested by the Police Department and that such condition shall be noted on the license when issued. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #560-57 RESOLVED that, the Council does herein determine that further taxi- cab service in the City of Livonia is necessary for the public convenience and having considered the application of William F. Kime and Dolores M. Johnson d/b/a Livonia Transit Company, Inc., 27991 Five Mile Road, Livonia, Michigan, dated July 16, 1957, and having received and considered the recom- mendation of the Police Department dated July 25, 1957, in connection with such application, the Council does herein determine further that the above ap- plicant is a proper person, both in experience and character and that the ap- plicant is fit and willing and able to engage in the public transportation business and to conform with the provisions of Ordinance No. 166, Taxicab Ordinance, and the rules promulgated thereunder by the Council; therefore, the Council does herein authorize the granting of a taxicab license to operate ten (10) taxicabs within the City of Livonia to the above applicant upon the payment of the license fee and the filing of the insurance policy or bond required by the provisions of the above Taxicab Ordinance; provided, however, that said license shall be conditioned on the receipt of a favorable report from the Federal Bureau of Investigation, such report having heretofore been requested by the Police Department and that such condition shall be noted on the license when issued. Councilman Daugherty read a report from the Water and Sewer Committee of the Council dated July 26, 1957, which was received and placed on file. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was #561-57 RESOLVED that, the Mayor and the proper administrative officials be requested to obtain such information, bulletins, maps, charts and other data relating to the Master Storm Drainage Plan for the Civic Association representatives as referred to in the report of the Water and Sewer Com- mittee dated. July 26, 1957. A recess was called at 9:23 P.M., after which the meeting resumed with all members present who were named as present in the original roll call of this meeting, except Councilman Daugherty, who returned at, a later time. By Councilman Ventura, seconded by Councilman Bagnall„ it was #562-57 RESOLVED that, the insurance covering fire in the amount of L $240000.00; extended coverage endorsement, $24,000.00; vandalism and malicious mischief, $24,000.00; on building #7 located at 12973 Farmington Road, be awarded to the Hardware Dealers Mutual Fire Insurance, through Mr. Jerry Sculley, sales representative, of 36060 Chicago, Livonia, at a premium of $360.82, for a three year period, which bid appears to be the low bid. Page 2977 Councilman Daugherty returned at 9:45 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Kleinert, Bagnall and O'Neill. NAYS: None. By Councilman Bagnall, seconded by Councilman Ventura and unanimously adopted, it was #563-57 RESOLVED that, the Council, having considered the letter from Harry Sosnick Management Company dated July 19, 1957, wherein he requests the City of Livonia to apply for the necessary permits in order that he might install a water main and sanitary sewer across Ann Arbor Road to service the Ann Arbor Trail Subdivision, does herein an the Mayor to affix his signature to the Michigan State Highway Department application form #495-2 entitled "Application for Approval of Location and Permit to Operate and Maintain Within the Right-of-Way", such application being dated July 22, 1957. By Councilman Bagnall, seconded by Councilman Kleinert, it was #564-57 RESOLVED that, pursuant to the report and recommendation of the Chief Accountant dated July 17, 1957, and approved by the Mayor and Budget Director on July 23, 1957, the Council does hereby transfer from the Unap- propriated Surplus to the Department of Public Works Budget Account #2)4, (Building Maintenance), the sum of $767.00 to be used for payment to Nagel- Shaff, Inc., to cover the increased cost in sewer connections at the Police and Fire Stations and City Hall. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Kleinert, Bagnall and O'Neill. NAYS: None. By Councilman Daugherty, seconded by Councilman Ventura, it was #565-57 RESOLVED that, pursuant to the request of the Parks and Recreation Commission dated July 17, 1957, and approved by the Mayor and Budget Director on July 23, 1957, there is hereby transferred from the Unappropriated Surplus to the Parks and Recreation Commission Account #51 (special activities), the sum of $1,884.23; such gmount representing monies deposited in the General Fund in connection with activities of such Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Kleinert, Bagnall and O'Neill. NAYS: None. By Councilman Ventura, seconded by Councilman Bagnall, it was Page 2978 #566-57 RESOLVED that, pursuant to the recommendation of the City Engineer and Director of Public Works dated July 5, 1957, the Council does hereby in- crease the contract of A and A Asphalt Paving Company, 1045 Haynes Avenue, Birmingham, which contract is in connection with Special Assessment District #8, by the sum of $2,038.30; such increase representing the cost of extra work completed. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Bagnall and O'Neill. NAYS: Kleinert, The Vice President declared the resolution adopted. The Clerk read a letter from the City Engineer and Director of Public Works regarding Rosedale Gardens paving, top soil and seeding for edges. By Councilman Daugherty, seconded by Councilman Bagnall, it was #567-57 RESOLVED that, pursuant to the request and recommendation of the City Engineer and Director of Public Works in a letter dated July 9, 1957, the Department of Public Works is herein authorized to prepare the necessary bid proposal and to advertise forbids on those items referred to in the above letter; such items to be used in connection with the Rosedale Gardens paving, Special Assessment District #8. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Bagnall and O'Neill. NAYS: Kleinert, The Vice President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Ventura and unanimously adopted, it was #568-57 RESOLVED that, before determining a policy in regard to requests for the installation of cross-overs from present sewer lines to existing homes, the Department of Public Works is herein requested to prepare and submit to the Council an over-all general survey as to the approximate number of cross-overs that will be needed as the present sewer system exists and also an approximate total cost for installing such cross-overs. By Councilman Kleinert, seconded by Councilman Ventura and unanimously adopted, it was #569-57 RESOLVED that, having considered the report and recommendation of the Assistant City Engineer and Director of Public Works dated July 23, 1957, the request of the Steel Tex Manufacturing Corporation, 30210 W. Eight Mile Page 2979 Road, Farmington, for permission to tap into Livonia water and sewer line, is herewith denied for the reasons stated in the above report; provided, however, that should the proprietors of Steel Tex Manufacturing Corporation request annexation to the City of Livonia, the request will be reconsidered. By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #570-57 RESOLVED that, having considered the report and recommendation of the City Engineer and Director of Public Works dated July 15, 1957, the re- quest of W. L. Geohman, 3114141i. Eight Mile Road, Farmington, to tap into the Livonia water line on the south side of Eight Mile Road, is hereby denied, provided, however, that should W. L. Geohman request annexation of his properties to the City of Livonia, the request will be reconsidered. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #571-57 RESOLVED that, having considered the report and recommendation from the City Engineer and Director of Public Works dated July 19, 1957, in regard to the request of Mrs. Lydia B. Heise for permission to tap into the sewer line on Eight Mile Road without paying tap-in charges, the Council does hereby table a decision on such request until there is received from the City Engineer a further report indicating whether or not the parcels involved could have been connected to the Clarenceville sanitary sewer in the area and whether or not there had been a sewer line in the area which was destroyed by the installation of the present sewer. The Clerk read a letter from Harold C. Wells, Assistant Superintendent, Livonia Public Schools. By Councilman Ventura, seconded by Councilman Daugherty and unanimously adopted, it was #572-57 RESOLVED that, the letter dated July 12, 1957, from Harold C. Wells, Assistant Superintendent, Livonia Public Schools, be spread on the minutes as follows: Mrs. Marie W. Clark City Clerk 33001 Five Mlle Road Livonia, Michigan Re: Sidewalks at Wilson School Dear Mrs. Clark: Our Board of I'ducation has carefully considered the advisability of enter- ing into an agreement with the city for the installation of sidewalks on West Chicago and Harrison Roads near Wilson School and the adjoining park site. It is their studied conclusion that there is no need, and in fact Page 2980 would exact a hardship upon the school, to construct a sidewalk along Harrison Road. It does seem clear, however, that a sidewalk is needed along West Chicago on the school property. It is the School Board's intention to let con- tracts for the construction of such a sidewalk. We have worked with the city engineer in establishing grades and writing specifications for that project. Very truly yours, /s/ HAROLD C. WELLS, Assistant Superintendent. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #573-57 RESOLVED that, the Council having received and considered a re- quest from the Rouge Building Company to petition the Wayne County Drain Commissioner for the improvement of a certain portion of the Blue Drain, and before so petitioning the Drain Commissioner, the Council does herein request that the Drain Commissioner assure the City in writing that such action will not cause the City to incur any but nominal expense and specifically what this expense will be and also assure the City that such a petition is necessary, in order, and will serve a purpose in the public interest; further that the Drain Commissioner inform the City of any other effects or obligations that the City will or could incur by so petitioning. By Councilman Bagnall, seconded by Councilman Ventura and unanimously adopted, it was #574-57 RESOLVED that, the proposed ordinance to amend Section 8.04 and 9.04 and add 8.12 and 9.10 to Ordinance No. 60, dated June 24, 1957, is hereby referred to the City Planning Commission for a public hearing pur- suant to provision of law and for a recommendation back to this Council. By Councilman Daugherty, seconded by Councilman Ventura, it was #575-57 RESOLVED that, a public hearing having been held on the proposed Special Assessment District #9 Roll, and the Council having considered the objections and suggestions presented at such hearing, said proposed roll is herewith referred back to the City Assessor to be amended so as to delete the assessing of the cost of the intersections in said assessment district to the residents; and those corner lots in said assessment district facing on East Clements Circle, that is lots 208 and 209, shall be assessed on a fifty (50%) per cent basis of their side footage on Elmira Avenue; that lots 428 and 429 shall, in addition to their frontage on Deering, pay fifty (50%) per cent of their side footage on Elmira Avenue; and that the cost of the paving of the balance of Elmira Avenue and the intersections within the entire assessment district shall be an obligation of the City. A roll call vote was taken on the foregoing resolution with the following result: Page 2981 AYES: Daugherty, Ventura, Kleinert, Bagnall and O'Neill. NAYS: None. By Councilman Ventura, seconded by Councilman Bagnall, it was #576-57 RESOLVED that, the Department of Public or1 be instructed to advertise for bids in connection with the improvements to be installed in Special Assessment District #9 of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Kleinert, Bagnall and O'Neill. NAYS: None. By Councilman Kleinert, Seconded by Councilman Bagnall and unanimomsly adopted, it was #577-57 RESOLVED that, pursuant to the request of the petitioner, Petition No. Z-228 for change of zoning in the S. W. 1/4 of bection 16 from AG-B to R-3 is hereby referred back to the City Planning Commission for its further consideration and recommendation. i:YW CouncilmancilmCouncilmanKleinert, seconded by Councilman Bagnall and unanimously adopted, #578-57 RESOLVED that, the report and recommendation of the City Planning Commission dated July 18, 1957, as to Petition No. Z-229 of the Felician Sisters, O. S. F., a religious order of the City of Livonia, for change of zoning classification in the N. W. 1/14 of Section 20 from R-2 and AG-B to R-2 is hereby approved, such petition is hereby granted; and the City Attorney is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #579-57 RESOLVED that, the report and recommendation of the City Planning Commission dated July 18, 1957, as to Petition No. V-20 of Elwyn R. and Norma M.Tabbey for the vacating of a certain ten foot drainage easement located in the S. E. 1/4 of-Section 12 is hereby approved and such petition is granted; and, the City Attorney is instructed to prepare the necessary vacating ordinance in conformance with this resolution. Councilman Ventura read and introduced the following Ordinance: NO. AN ORDINANCE MENDING SECTIONS 5, 6, 14 and 20 OF THE ZONING MAP OF THE CITY OF LIVONIA, AND EENDING ARTICLE 3.00 OF THE ZONING Page 2982 ORDINANCE, ORDINANCE NO. 60 OF THE CITY OF LIVONIA, BY ADDING THERETO SECTIONS 3.126, 3.127, 3.128, 3.129 and 3.130, THE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated April 5, 1957, on Petition No. Z-207; dated April 22, 1957, on Petition No. Z-216; and dated May 24, 1957, on Petitions No. Z-215, No. Z-211 and No. Z-223, having been considered by the Council, the Council hereby adopts said petitions to amend the Zoning Ordinance and the Zoning Map of the City of Livonia; and all proceedings heretofore con- ducted on said petitions are hereby approved. Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60 of the City of Livonia, is hereby amended by adding thereto the following sections: Section 3.126. Petition No. Z-207, as amended,of Albert B. and Della S. Shulman, is hereby granted; the zoning classification of the premises described in said amended petition is hereby changed from RUFB to C-1 as re- quested in said amended petition; and the Southeast 1/4 of Section 14 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.127. Petition No. Z-215 of William R. and Marilyn Kolak is hereby granted; the zoning classification of the premises described in said petition is hereby changed from AG-B to C-1 as requested in said petition; and the Northeast 1/4 of Section 20 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.128. Petition No. Z-216 of Theodore I. Crantz, Glenbrook Land Company, Inc., is hereby granted; the zoning classification of the pre- mises described in said petition is hereby changed from AG-B to RU as requested in said petition; and the Northwest 1/4 of Section 5 of the Zoning Map is here- by amended to conform to the change made in this section. Section 3.129. Petition No. Z-221 of Livonia Hills,Inc., and Harry E. Wolfe, Inc., is hereby granted; the zoning classification of the premises described in said petition is hereby changed from AG-B to RU as requested in said petition; and the Northwest 1/14 of Section 6 of the Zoning Map is here- by amended to conform to the change made in this section. Section 3.130. Petition No. Z-223 of Gilbert and Dorothy I. Rohde and Marvin Premier is hereby granted; the zoning classification of the pre- mises described in said petition is hereby changed from AG-B to C-1 as re- quested in said petition; and the Northeast 1/4 of Section 20 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 35 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 approved, 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 Page 2983 reason, such holding shall not be construed as affecting the validity of any of the re- maining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council, August 12, 1957. By Councilman Daugherty, seconded by Councilman Ventura, it was #580-57 RESOLVED that, having considered the request from the Civil Service Commission dated July 22, 1957, for approval of a change in the salary rate for the Civil Service classification of Engineer III, the Council does herein approve and concur of the following pay scheduled for this position, effective August 3, 1957' $5,616.00 (First 6 Months) 435,824.00 (7 thru 12 Month ) ( After 12 Months) A roll call vote was taken on the foregoing resolution with the following result: AYES: Daudnerty, Ventura, Kleinert, Bagnall and OfNeill. NAYS: None. By Councilman Bagnall, seconded by Councilman Ventura and unanimously adoptedl it was #581-57 RESOLVED that, the petition of residents of Dover Avenue in Rouge Trail View Subdivision regarding the improper grading of their lots is here- by referred to the City Engineer for a full report and recommendation to be submitted to the Council at the next regular meeting. The following Ordinance was introduced by Councilman Kleinert: NO. AN ORDINANCE AMENDING SUBSECTION (i) OF SECTION 11.02 OF ARTICLE 11.00 OF THE ZONING ORDINANCE ORDINANCE NO.60,AS AMENDED1OF THE CITY OF LIVONIA THE CITY OF LIVONIA ORDAINS: Section 1. Subsection (i) of Section 11.02 of Article 11.00 of Ordinance No. 60 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 buildings 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-3 and C-1 Districts. Page 2984 (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 shall be housed within a building having four (4) side walls and a 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 apy similar service or use. (e) Banks, theaters, hotels, assembly buildings, catering establish- ments, conservatories, sales and show rooms, research and testing laboratories, studios, undertaking establishments, dance halls, re- creation 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 reasons of the emission of odors, fumes, dust, smoke, waste, light-glare, noise or vibration, and further provided that no commercial enterprise shall employ more than five (5) mechanics or workers per each two thousand (2000) 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 direction- a1 sign or legal notice. Only one (1) such sign is permitted on a lot, when such lot is four thousand (4000) 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. (i) Carnivals, outdoor circuses or migratory amusement enterprises. (j) Dry cleaning plants, garages and auto wash establishments, on approval of the City Planning Comniissi on; provided, however, that such approva] shall not be given until, in addition to other re- quirements and considerations, there is filed with such commission the written consent of the owners of frontage property immediately abutting the premises involved and .L,he written consent of the owners of seventy (70) percent of the frontage of all property within three hundred (300) feet of such premises and not separated therefrom by more than one street or alley. Page 2985 (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 hea ring is held and it is established that sixty (60) percent of the property owners do not object within five hundred (500) feet distance from any part of the lot area involved, and provided that a lot area equal to that required for a residence shall be provided for management, pro- vided that each unit provides a lot area of one thousand (1000) square feet for the first room of eighty (80) or more square feet and an additional area equal to twice the room area for each ad- ditional 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 less 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 motel 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 reasons of the emission of odor, fumes, dust, smoke, waste, light-glare, vibration or noise. (m) Office of a veterinarian, including animal clinics and animal hospitals without outside kennels, for the care and treatment of small pets, such as dogs, cats and similar small animals, with the approval of the City Planning Commission. 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 portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council, August 12, 1957. LBy :::ncilman Daugherty, seconded by Councilman Bagnall and unanimously adopte d, it Page 2986 #582-57 RESOLVED that, the petition of the residents of Gill Road between Seven and Eight Mile Roads in the City of Livonia in regard to the inadequate drainage conditions in their area caused by the overflowing of drainage ditches on the east and west sides of that road, is hereby referred to the Department of Public Works for whatever temporary relief can be afforded and for a report to the Council on the specific action taken to relieve this situation. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #583-57 RESOLVED that, the Council does herein request of the Department of Public Works a complete report as to the physical and financial necessities for maintaining a permanent crew to clean out culverts and drainage ditches throughout the City of Livonia; such report to be submitted within 30 days. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was #584-57 RESOLVED that, the letter dated July 1, 1957 from the Michigan Liquor Control Commission relative to the one remaining liquor license in the City of Livonia be referred to the Committee of the Whole for consider- ation. The Clerk read a letter from the Police Department relative to the request of Robert Samways for SDM license. By Councilman Bagnall, seconded by Councilman Ventura and unanimously adopted, it was #585-57 RESOLVED that, pursuant to the communication from the Michigan Liquor Control Commission dated June 14, 1957, and the recommendation from the Livonia Police Department dated July 22, 1957, the Council does hereby approve the request of Robert J. Samways, 38001 Ann Arbor Road, Livonia, for a new SDM license. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #586-57 RESOLVED that, relative to the communication from the Rouge Building Company, 20063 James Couzens Highway, Detroit 3;, Michigan, dated July 18, 1957, on the subject of street pavement construction, that the Rouge Building Company be referred to the existing ordinances designating pavement widths and construction specifications for sub- divisions. By Councilman Kleinert, seconded by Councilman Bagnall, it was resolved that #587-57 WHEREAS, the report of the consulting engineer dated July 11, 1957 states that no natural surface drainage is or mill be obstructed by the new subdivision; adjacent subdivisions will not be adversely affected from a Page 2987 drainage standpoint by the construction of this subdivision; the outlet stream or drainage ditch will not cause undue flooding due to increase runoff from this subdivision; NOtd, THEREFORE, BE IT RESOLVED that, T . Harry Spoon, Donna Develop- ment Company, 19775 James Couzens Highway, Detroit 35, Michigan, as proprietor, having requested the City Council to approve the proposed plat of the follow- ing Subdivision: Merri-Five Mile Subdivision, located between Rayburn Avenue and Five Mile Road, East of Merriman Road, in the Southwest 1/4 of Section 14, City of Livonia, Michigan, and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of May 71 1957; 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 July 15, 1957; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvenents shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improve- ments shall not be considered as having been satisfactorily in- staJled until there is filed with the Council a Certificate as pro- vided in Section lL 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: - - - - - Two Hundred Fifty-Two Thousand Dollars ($252,000.00) - - - - 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; Provided, however, that it is a condition of this bond that said proprietor shall install and complete greenbelt planting as shown on said subdivision plat prior to the final release of the performance bond. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Kleinert, Bagnall and O'Neill. NAYS: None . By Councilman Ventura, seconded by Councilman Bagnall and unanimously Page 2988 adopted, it was #588-57 RESOLVED that, the City Engineer and City Assessor are herein requested to prepare alternate assessment rolls for the installation of street light fixtures in Section 36 based on the following: One for wooden poles with overhead wiring; one for metal poles with overhead wiring; and the third for metal poles with underground wiring. By Councilman Daugherty, seconded by Councilman Bagnall, it was #589-57 RESOLVED that, the remaining items on the agenda be referred to the next study meeting of the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Bagnall and OtNeillo NAYS: Kleiner to The Vice President declared the resolution adopted. On motion of Councilman Bagnall, seconded by Councilman Ventura and unanimously adopted, this 215th regular meeting of the Council of the City of Livonia was duly adjourned at 11:20 P. M., July 29, 1957. MO(U. Clark, City Clerk