Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1956-07-30 Page 2409 MINUTES OF 0.E HIMDRED SEVENTY-NI:0:H REGULAR MEETING uF Tt COUNCIL OF TiE CITY OF LIVONIA On July 30, 195b, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:18 P. M., by the President of the Council, Austin T. Grant. Councilman Bagnall delivered the invocation. Roll was called with the following result: Present-- Austin T.Grant, Frank O'Neill, Sydney E. Bagnall„ Rudolf R. Kleinert, David L. Jones, Peter A. Ventura and John T. Daugherty. Absent-- None. By Councilman Kleinert, seconded by Councilman O'Neill, it was #472-56 RESOLVED that, in accordance with the provisions of Section 21 of Ordinance No. 2 (2 for this meeting only, the orovisions of Section 5 of Ordinance No. 27, be and hereby are suspended only insofar as it per- tains to the reading of the minutes of a previous meeting; and. BE -22 FURTHER RESOLVED that, the minutes of the 178th regular meeting of the Council of the City oi Livonia held July 16, l'e56, be and hereby are approved as submitted. A roll call vote was taken on the forei,oing resoluuion with the following result: AYES: ()filen] , Bamall, Nleinert, Ventura, Daugherty and Grant. NAYS: Jones, The President declared the resolution adopted. The CiLy Clelk, iarie vi. Clark, read the report from the City Assessor on Botsfo.cd Park Subdivision paving and storm seers. By Councilman Jones, seconded by Councilman Ventura and unanimously adopted, it was #473-56 RESOLVED that :THEREILS, purouant to the direction of the Council, the City Assessor of said City of Livonia, has prepared and reported to the Council the assessment roll coverinand convainingthe special assessqent assessed and levied, rspectively, in proposed Special Assessment District in, as heretofore established for i,he construction of proposed paving and storm sewers in i,ctsford Panc ,a)division as designated in resolution heretofore adopted by tle Council; THEREFOo.E BE IT REeOLTED thab, the said roll be received by the Page 2410 City Council and that it be filed in the office of the City Clerk for public examination and that the City Clerk be and hereby is directed to give notice pursuant to the provisions of Ordinance No. 31 of the City, as amended by Ordinances No. 46, 65 and 73; that the Assessment Roll has been made and filed in the office of the City Clerk for public examination, and that the City Council of the City of Livonia will meet in the Municipal uuilding in said City at 8:00 P. M., on Alednesday, August 22, 1956; to review the said Special Assessment Roll, at which time and place opportunity will be given to all persons interested to be heard; IT IS FURTHER RESOLVED that, the City Clerk give notice of said hearing by causing a copy of this resolution to be published once in The Livonian„ a newspaper published and circulated in said City, at least ten (10) days prior to the date of August 22, 1956, and that the City Clerk also give notice of said hearing by sending written notice thereof to each property owner subject to soecial assessment by reason of sad improvements; the ad- dresses oi said property owners to be taken from the latest tax assessment roll in the City Assessor's office. The City Cleric, Marie W. Clark, read a letter from the City Assessor dated July 26, 1956 as to adjustment of assessment on Five Mile Road Sidewalks for Clyde Bentley, which was referred to the Department of Law for preparation of a resolution. 3y Councilman Kleinert, seconded by Councilman 3agnall „ it was #474-56 RE3OLVED that, the report of the Sewer Committee of the Council has been studied and is hereby approved; that the Mayor and City Clerk are hereby authorized to enter into a contract with Mr. Edwin Orr, a civil engineer, of 22148 Michigan Avenue, Dearborn, Pachigan, for services in connection with preparation of plans and specifications pertaining to ad- ditional sewer facilities in the Southeast section of the City of Livonia as ordered by the State Board of Health a nd agreed to by the City of Livonia Nay 9, 1955, under Council resolution #246-55. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Jones, Ventura, Daugherty and Grant. NAS : None. By Councilman Bagnall, seconded by Councilman O'Neill, it was #475-56 RESOLVED that, the report of the Finance Committee for the month of May, 1956, is approved and a summary spread upon the minutes of this meeting as follows: General, Administrative and Legislative: Executive 53.04 Legislative 1,173.08 City freasurer 4,673.02 City Clerk 748.01 Department of Law 19.17 Page 2411 General, Administrative and Legislative (continued) Justice Court p 64.36 Election Commission299.14 Civil Service Commission 83.26 Court Building 94.23 City Hall 774.77 Civil Defense 36,95 City Planning Commission 615.58 ,ct, 8,634.61 Department of Public Safety: Fire Department 920.78 Police Department 1,714.52 2,635.30 Department of Public lorks: Public Works Division 10,810.23 Engineering Division 127.17 Inspection Division 224.26 11,161.66 Department of Parks and Recreation: Parks Division 521.45 Recreation Division 1,239.65 Forestry Division 28.64 Cemetery Division 450.00 2,469.74 24,901.31 Retirement 6,755.90 Insurance 10,261.22 4ydrant Rental 22,150.00 urandon Avenue Fee 19.00 64,087.43 General Ledger Accounts: Income Account .35 Inventory Account 1,993.43 Advance to Spec. Assess. Dist. #6 10,416.74 Deposit on Barrels 24.00 12,434.52 Total for May, 1956 76,521.95 Addition: Department of Farks _ hecrea.ion Voucher submitted in April Summary Approval postponed by kinance Committee to 6-11-56 350.00 76,871.95 A roll call vote was ta-en on the foregoing- resolution with the following result: AYE : O'Neill, Ba,nall, Kleinert, Ventura, Daugherty and Grant. NAYS: Jones. The President declared the resolution adopted. Page 2413 Council, that the illiam ,,00d Aency, Inc., be authorized to carry the insurance policies which are eKpirin, or about to e)qpire, on a temporary basis, and thai, the old precedure of dividing commissions be continued. A roll call vote was taken on the foregoing resolution with the following result: A:ES: O'Neill, Bagnall, aeinert, Jones„Ventura, Daugherty and Grant. NAYS: None. As a joint report from the Committee, Councilmen Daugherty and O'Neill introduced the following Ordinance: NO. AH si.,CTIONS 5, 6, 8, 9, 10, 13, 17, 18, 19 ,,ND 20 OF OALLNANCE NO. 27, Eli- TITLLD "AN ORDIIINCIL, PROVIDING RUT;F;S OF ORDER OF THE Cu UNC OF THE CITY OF LIVONIA." THE CITY OF LIVONIA ORDAINS: Section 1. section 5, 6, 3, 9, 10, 13, 17, 18, 19 and 20 of Ordinance No. 27 of the City of Livonia entitled "An Ordinance Providing Rules of Order of the Council of the City of Livonia" is hereby amended to read as follows: Section 5. Order of Business. The business of all regular meetings of the Council shall be transacted as far as practicable in the following order: 1. Call to order. 2. Invocation. 3. Roll Call. 4. Submitting and correcting Journal of the last session. 5. Reports. and communications from the mayor and other city officials. 6. Reports from committees. 7. Unfinished business. 8. Now business. 9. Adjournment. Section 6. Powers and buties of President. The president shall take the chair at the time to whichthe meeting is adjourned or at the time provided for the opening of the meeting, shall immediately call the members to order and, on the appearance of a quorum, shall proceed with the business of the agenda as set forth in section 5. He shall preserve order and decorum and may speak on points of order, rising in his seat for that purpose. He shall interpret and enforce the rules provided by this or- dinance, subject to an appeal to the Council. He shall have the right to name any member to perform the duties of the chair, in the absence of or with the consent of the vice-president, but such substitution shall not extend beyond an adjournment. He shall appoint the members of all com- mittees. Page 2)11)1 Section 8. Duties of the Clerk. In addition to those duties specifica.ely set forth in the Charter, the City Clerk shall 1. keep the mayor and other City officials properly informed of action of the Council and present to them such matters as may require their signature; 2. present to the several committees and officials such matters as may have been referred to them; and 3. pursuant to the direction of the Council prepare in advance an agenda of business to come before each meeting, according to the order set forth in Section 5 of this ordinance. Section 9. Rights and Duties of Members. When a member is about to speak he shall rise from his seat and respectfully address the chair, and when two or more members rise a once the President shall name the mem- ber who is first to speak. A member shall confine himself to the question under debate and avoid personalities. A motion to close debate shall be in order at any time; no member shall speak more than two times prior to the motion to close debate; provided, however, every member of the Council, whether or not he has spoken previously to such motion, shall be given the opportunity to speak once, not to exceed five minutes,. however, before such motion is acted upon. A motion to close debate shall be in order at any time, however, every member of the Council, whether or not he has spoken previously to such motion, shall be given the opportunity to speak once before such moion is acted :Ton. Section 10. Committees. All special committees shall be appointed by the President and the first named member on such committee shall be its chairman. The Committee of the hole shall consist of all of the members of the Council and shall meet infomally at such time and place as may be designated by the Council. Any member of the Council shall be considered a memoer ex-oflicio of every committee of the Council. Section 13. Motions. No motion shall be debated or put unless it be seconded and properly staked by the President. A member may withdraw his motion at any time with agreement of the supi,orter, before it is put to a vote. Section 17. Appeal from Aulini, of the Chair. When an appeal is made from a ruling of the chair, the chairman shall relinquish the chair- manship. fnen only the member ming the appeal shall state his reasons for appeal; the former chairman ha31 then state the reasons for his ruling, after which, with no further debate, the membemof the Council shall then vote to sustain or reject the rulinh of the chair. Section 18. Jrdinances and Resolutions. Every ordinancelpre- vious to its introduction by a committee or member of the council, shall be approved as to form and legality by the City Attorney. Every ordinance shall receive at least two readings; ‘ rovided, however, that the second reading may be made by title only. The second reading of an ordinance shall not take place aL the same meeting at which it is introduced except in the Page 2415 in the case of ordinances which are declared to be emergency ordinances. Ordinances may be introduced and discussed by the member or members intro- ducing them. And every member oi the Council shall be given the opportunity to debate the ordinance before the roll call vote shall be taken on said ordinance. All resolutions shall be submitted by motion and shall require support prior to debate and roll call. Section 19. Journal. A journal of Council proceedings shall be kept as provided in the Charter, The language used in the Journal shall be clear, concise, accurate and complete. In order that such language may be orief, the following words and phrases, when used in the Journal, shall have the following respective meanings: (1) "The minutes of the _ regular meeting of the Council held were submitted and approved by resolution duly made, seconded and passedbyan affirmative vote of the majority of the members named as present in the roll call of the mteting at which such minutes were submitted. (2) "By Councilman ," naming the particular member involved means that said member "made Councilman — that the i ollowing resolution be adopted." (3) "Seconded be Councilman ," naming the particular member involved means that "the last mention—ed motion was seconded" by said member. (4) "Adopted as follows:" means thabua roll call vote was uuly taken on the quesion before the Council and the ayes and nays votes of the members were recorded as follows:" and that "the President declared that the foregoing resolution or ordinance was adopted." (5) "a roil call vote was taken" means that a vote was taken as provided in Section 12 of this ordinance. (6) "Adopted" when used immediately following the taking of a vote on a motion means that said motion was duly passed by the affirmative vote of a majority of the members who were named as present at the roll call of the meeting at which said motion was made, and that the President has de- clared that said motion was duly passed. (7) "Passed" means "adopted". (8) "Rejected" means that a motion, resolution or ordinance, as the case may be, failed to be adopted, a roll call vote on the same having been duly taken. (9) "Unanimously," when used irxediately preceding the word "adopted" or the word "passed", means that the last mentioned motion was passed by a roll call vote which resulted in the vote "aye" being duly re- ceived from each member named as present in the roll call at the opening of the meeting at which said motion wqp made and from each member who entered said meeting subsequent to such roll call and prior to the voting. Pae 241e. (10) "Received and placed on file" means that the last mentioned communication, report or petition was presented and read by the City Clerk to the Council: considered by the Council and ordered to be placed on file in the City Clerk's office by an affirmative vote of the majority of the members then present. The decisjon of the Council to place such communica- tion: report or petition on file may be ascertained by roll call vote, on requese of any member, or: in the absence of such request by the President announcing "In the absence of any objection, the communication: report or petition is received and placed on file." The Journal of each meeting shall show the full names of each Councilman in the roll cell at the opening of such meeting: but thereafter only the last names of the members need be used. The City Clerk shall enter in the Journal the exact time at wnich any memoer enters or leaves a meet- ing following such roll call. in the absence of any entry showing otherwise, it snail be conclusively presumed than each member named as present in the roll call remained continuo sly in the meeting until the sane was duly ad- journed. i-n member of the Council failing to vote on any matter upon which he may be required to vote shall be recorded as voting "aye" by the Clerk. iJhenever a vote is taken on any ordinance or on any resolution pertaining to the expenditure of money, appropriations or other financial matters, and in all instances at the request of any member: the "aye" or "nay" vote of each member shall be recorded. Section 20. Parliamentary Authority. Council proceedings shall be conducted in accordance with the Statutes of the State of Aichigan, the Charter and the rules set forth in this Ordinance. Robert's Rules of Order Revised shall govern such proceedings In all cases to which it is applicable and in which it is not inconsistent with such Statutes: Charter and rules. Robert's Rules of Order shall be construed to mean the Revised Edition by Henry H. Robert, published by Scott, Foresman and Company. 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. In the event any portion of this ordinance is held invalid for any reason: such holding shall not affect the validity of the remaining portion of this ordinance. The foregoing Ordinance was nlaced on the table for consideration at the next regnlar meeting of he Council, Aueust 13, 1)56. By Councilman aainert, seconded by Councilman Bagnael, it was #431-56 HtheOLVED that ;i1E6, the Council has determined to improve est Chicago, between addle Belt Road and Henry huff Road: by adding three (3) additional feet oi avement with curbing: to each side thereof, between the above men- tioned roads:and Page 2)117 JEF.,E2A3, because at the time West Chicago was originally paved. the City had not as yet designated the permanent w.Ldth to be established on said streetsland '11-_ ulaS„ the City at that time, committed itself to pay for any future addiLdonal widening of Test Chicago at the above location, NGI, 2,-LIEFoi,], P,',1; IT 1-?i:50LVED that, pursuant to Section lit of Chapter IV of the City Charterlthe Council does hereby determine to improve West Chicago Road between Middle Belt Road and Henry Ruff Road, by installing three additional feet of pavement, with curbing on each side of West Chicago between the aeove maitioned roads; that the cost of said improvement be financed as a Leneral obligation of the City; that the City hngineer is hereb directed to prepare the necessary plans and. specifications, and the City Clerk is hereby instructed to obtain bids for said improvement. A roll call vote was taken on the foregoing resoluti ,n with the following result: AYES: O'Neill , Bagnall, Kleinert, Jones, Ventura, Daugherty and Grant. NAYS: None, The City Clerk, Marie W. Clark, read a letter dated July 27 1956 from the ,epartment of i''.agine,erin„ as to release of oond in Aosedale Gardens Subdivision // 16. By Councilman Ventura, seconded by Councilman Daugherty, it was #02-56 RL:i0Lir..L:D that, the release of bond for Rosedale Gardens Sub- division ,12.6 be taoled and referred for further stuctr to the next meet- ing of the Committee of the '/hole. A roll call vote was taken on the foregoing resolution with the following result: AYE3: 0'Neill, Bagna]1, Jones, Ventura, Daugherty and Grant. NAYS: laeinert. The President declared the resolution adopted. The Cit; C1er , iarie W. Clan,„ read a letter dated July 20, 1)56 from the wayne County Drain Commissioner as to the Blue and Bell Drains. By Councilman DaugherLy„ seconded by Councilman .Jagnall and unanimously adopted, it was #483-56 1-LbOLILD that, the letter dated July 20, 1956 from the Wayne county Drain Commissioner as to the Blue and bell Drains be referred to the City Attorney for an opinion to the Council on his authority to ap- prove or disapprove use of county drains within the City of Livonia. Marie 4. Clark, City Clerk, read letters dated July 25 and July 27, 1956 Page 2418 from the City Engineer regar ling bond i or EackinLaam Village Subdivision #2. By Councilman Daugherty, seconded by Councilman Ventura, it was #18)4-56 RL3OLVED that, approval of the bond for improvements in Bucking- ham Village Subdivision #2 be referred to the Committee of the iihole for further study. President Grant reline, ished the chair to Vice President O'Neill at 9:32 F.N., at wn-ch time he requested that a study meeting of the Council oe set for Thursday evening, August 2, 1956, to discuss the i3lue and Bell Drains, with all interested parties who have property in the drain district. He further requested the City Clerk to notify all those who are interested in the enclosure of the drain. A roll call vote was tai,..en on the foregoing resolution with the following result: AYES: Bagnall, Ideinert„ Jones, Ventura, Daugherty, Grant an O'Neill. NAYS: None. A recess was called at c:35 P. N., alto.. which the meeting resumed with all members present who were named as l_resent in the original roll call of this meeting, except Councilman 01Neill who asked to be excused and Councilman 1.3anall, who returned to the meeting at a later time. The City Clerk, ..arie AT.Clan , read a letter dated June 19, 1956 from the City Planning Commj salon and report of City Engineer dated July 26, 196 as to Country Homes Subdivision h:4. 1,1r. i,ermanoff and ar.Dunald Harris represented the petitioner. Councilman Bagnall returned at 9:!,6 P. N. By Counc.lman Ventura, seconded by Councilman Jones, it was a85-56 RESOLVED that, aroval be denied to the preliminary plat of Country Limes Subdivision because it does not conform to Subdivision Rules and 2.e_•ulations, sLecifically thai, thece shall be no dead-end streets in excess of 000 leet; that Fflmira and. Leon are dead-ended at a di stance of 670 feet, which is contrary to Euodivision Rules and Regulations adopted January ), 1952 by the City Planning Commission in accordance with Act 285, of the Puolic Acts of the State of ilicHigan; and that the recommendation for improvement uond in Country Homes Suodivision 04. be referred back to the Department of Puolic forks for further recommendation or revision. A roll call vote was taken on the foregoing resolution with the following result: Page 2419 AYES: Bagna_l_i_, Jones, Ventura, Daugnrat r ani Grant. NAYS: Kicinert. The President declared the resolu'Lion adopted. The City Clerk, Marie W. Clark, read recommendation of the City Planning Corsrission regarding Petition No.Z-141. By Couhcl 1 man Ventura, seconded by Councilman !3agnail and unanimously adopted, it was #486-56 R OLVSD that, the report and recommendation of the City Planning Commission dated July 20, 1;56, as to Petition No. Z-1111, initiated by the City Planning Commission on its own motion, for change of zoning classifica- tion in the northwest 1/4 of Section 35 from 14,-1 to R-1-A is approved, and the City Attorney is instructed to prepare an ordinance amending Ordinance No. 60 in conformance with this resolution. The City Clerk read recommen_iation from the City Planning Commission relative to Petition No. Z-170. By Councilman :Dagnall, seconded by Councilman Jones, it was #487-56 RESOLVED that, the report and recommendation of the City Planning Commis ion dated July 13, 1956 as to etition No. Z-170 of Fort Investment Company for change of zoning classification in the Southwest 1/4 of Section 22 from RUFB to h-1-A is approved, and such petition is hereby denied. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Jones, Ventura, Dau„herty and Grant. NAYS: Kleinert. The President declared the resolution adopted. The City Clerk, Narie W. Clark, read a letter from the City Planning Commission regariing Petition No. Z-171. By Councilman Ventura, seconded by Councilman Daugherty and unanimously adopted, it was #48d-56 al,OLVED that, the report and recommendation of the City Planning Commission dated July 13, 1)56, as to Petition No. Z-171 of Harold J. Rice, Attorney for Louis Gertzman, Joseph Jaffa and Alex Gordon for change of zoning clasJilication in the Southeast 1/4 of Section 14 from RUFB to C-2 is approved, and the City Attorney is instructed to prepare an amendment to Zoning 0. dinance No. 60 in conformance with such recommendation. Page 2420 Marie W. Clark, City Clerk, read a letter from the City Planning Commission relative to Petition No, Z-173, By Councilman 3anll, seconded oy CouncJaman Daugherty and unanimously adopted, it was #489-56 Ht23IVED that, the report and recommendation of the City Planning CommisJion dated July 13, 1956 as to Petition No, Z-173 of James D. and Doris E. McCuen for change of zoning classification in the Southwest 1/4 of Section 13 from RUFB to C-2 is approved, and the City Attorney is in- structed to prepare an amendment to Loning Ordinance No. 60 in conformance with such recommendation. The City Clerk read a letter from the City Planning Commission as to Petition No. Z-175, By Councilman Bainall, seconded by Councilman Daugherty and unanimously adopted, it was #490-56 RESOLVED that, the report and recommendation of the City Planning Commission dated July 20, 1956 as to etition No. Z-175 of James S. Bonadeo for change of zoning classification in the Northwest 1/4 of Section 23 from Ru. to R-1-A has been consider d, and such petition is hereby denied. The City Clerk read a letter from the City Planning Commission relative to Petition No, Z-177. By Councilman Ventura, seconded by Councilman Daughe.pLy and unanimously adoptedl it was #491-56 RE,DOLVED that, the report and recommendaLdon of the City Planning Commission dated July 13, 1956 as to Petition No. Z-177 of Nick Ligurs for change of zoning clasication in the iJortawest 1/14 of Section 27 from RUFB to C-2 is approved, and trio City Attorney is instructed to prepare an amendment to zoning Ordinance No. b0 in accordance with such recommenda- tion. The City Clerk, Marie J. Clark, read the recommendation of the City Planning Commission regarding RU Zoning. By Councilman Daugherty, seconded by Councilman Ventura, it was #492-56 HhSOLVED that, the recommendLtion of the City Planning Commission dated July 20, 1956, as to RU Zoning (Petition No. Z-180) is approved, and is hereby referred to the City nttorney for preparation of an amendment to Zoning Ordinance No. 60, and that it also be referred to the Department of Public ,4orks for recommendations on utility developments and paving standards. Page 2421 A roll call vote was taken on the fora-;oint, resolution with the following result: AIDS: Bagnall, Kleinert, Ventura, Daugherty and Grant. NAYS: Jones. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Vmtura and unanimously adopted, it was #493-56 FtEJOLVED that Petition No. V-15 for vacating a portion of alley in bile Southeast 1/4 of Section 35, be referred to the City Planning Commission for action according to law and Ordinance No. 29, as amended. By Councilman Daugherty, seconded by Councilman Bagnall and unanimoasly adopted, it was #494-56 RESOLVED that, the report from David Lewis dated July 23, 1956 as to the Blue and. Bell Drains be referred to the Committee of the Whole for further study. Councilman Bagnall introduced the following Ordinance: NO. AN ORDI1'LNCE AMENDING SECTI )NS 11, 13, 28 AND 35 OF THE ZCUIN NuP OF THE CITY OF LIVONIA, AND kTEUDII1G AHTICLE 3.00 OF THE 40Nih(x oADINAHCE, URDIN.hACE NO.60, OF TBE CITY ON ADDLO Ti-ILETO SECTIONS 3.97, 3.98, 3.99, 3.100 AND 3.101. THE CITY OF LIVONIA liDA_INS: Section 1. The report and recommendations of the City Planning Comm_ssion dated June 8, 1956 on Petitions No, 4-101a, Z-137, Z-166 and 1-167 and June 22, 1956 on Petition No. Z-164 having been considered by the Council, the Council hereby adopts said petitions to amend the Zoning ordinance and the Zoning Nap of the City of Livonia; and all proceedings heretofore conducted on said petitions are hereby approved. Section 2. Article 3.00 of the zoninL Ordinance, Ordinance No. 60 of the City of Livonia, is hereby amended by adding thereto the following sections. Section 3.97. Petition No. 1-101a of Frank Segler, is hereby granted; the zoning classification of the premises described in said petition iJ hereby chanred from R-U-F-B to C-1 as requested in said petition; and the Southeast 1/4 of Section _;5 oi said Zoning Hap is hereby amended to conform to the change made in this section. Page 2422 Section 3.98. Petition No. Z-137 of iiarrt Lightstone, -Lightstone Development Company, is hereby granted; the zoning classification of the premises described in sald petition is hereby changed from R-U-F-B to 11-1-A as requested in said petition; and the Southwest 1/14 of Section 35 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3.99. Petition No. Z-164 of Adolph Sohl and Sam Zehra, is hereby granted; the zoning classification of the iremises described in said petition is hereby changed from H-U-F-B to R-2 as requested in said petition and the Southeast 1/'4 of Section 28 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3.100. Petition No. Z-166 of Arnold C. hanzenberger„et al, is hereby granted; the zoning classification of the premises described in said petition is hereby changed from R-U-F-B to C-2 as requested in said petition; and the Southwest 1/4 of Section 13 of said Zoning Map is hereby amended to conform to the change made In this section. Section 3.101. Petition No. Z-167 of Dan symez and Bert P. Solomon, Mid-lielt Fund, is hereby granted; the zoning classification of the premises described in said petition is hereby changed from R-U-F-A and R-U-F-B to R-1-A as requested in said petition; and the East 1/2 of Section 11 of said Zoning Nap is hereby amended to conform to the change made in this section. section 3. The attached mad. designated 'Amendment No. 27 of the Zoning Map of the City of Livonia9 showing all oft he amendments and changes made in the foregoing Section 2 of this ordinance, is hereby approved, established and made a part hereof. Section 14. Ail ordina nces or parts of ordinances in conflict heraidth 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 no be construed as affecting the validity of any of the remaining portions of this ordinance. The foregoinfl, Ordinance was placed on the table for consideration at the next regular meeting of the Council, Au ust 13, 1955. Councilman Ventura introduced the following Ordinance: NO. 0l1IANCg PkiDHL3IiO DISCC-N OF gcs. i Iii GIEJk±1I AL_SA;:), ILATTYJ TTLL, A 1 1,ITI FO!. VIOLATIoN T. THE CITY aLIVOYIA auAl:S: Section 1. The use or discharge of any and all firearms within the City Page 223 of Livonia is hereoy prohipited, except that - L (a) ithin those sections of the City of Livonia lying west of F anaington .road and north of echoolcraft ebad, consisting of Sections Four (4) to Nine (9), inclusive, and eections eixteen (16) to Twenty-One (21), inclusive, snotgaue may be used or discharged at a distance of more than six hundred (600) feet from any building which is being used or oc- cupied as a dwelling, residence or business: Provided, however, that shotguns nay be used or discharged within the auove described sections, by farmers anywhere on their aim land au l oast six hundred (600) feet from any oui idini_ on adjoining land; provided, further, that the use or discharge of shoriguns on any parcel of land Javaa an area of five (5) acres or more may be allowed by a special permit, which permit shall be issued by the Chief of Police, on written application, to the owner of any such parcel and the members of his family residing thereon, which permit shall be for a period not to exceed thirty (30) days and under which permit no shotgun may be used oz discharged within six hundred (600) feet of any building on adjoining land; anal provided further, that in no event shall any shotgun be used or discharged on Sunday, noi shall any shotgun be used or discharged on any property. without the express consent of the owner thereof. (b) Nothing herein contained shall prevent the use or discharge of any firearms of any duly licensed shootin:, range, or by any person or persons properly acting in self-defense, or by, or au the direction of any police, military or ,overnmental authority duly established under the laws of the City of Livonia, state of Michigan or the united states. (c) Nothing herein contained shall prevent regular policemen, special policemen and auxiliary policemen from using an open air range in the City of Livonia; or elsewhere, for the purpose of target practice. Such activity shall be subject to the control and discretion of the police com- missioner as to scheduling the time and determining the location for such target practice and in all other respects. Se ction 2. No shooting range shall be operated within the City of Livonia unless a license therefor is procured from the City Clerk. No license for the opera- tion of a shooting range shall be issued by the City Clerk until teere is paid into the City Treasury a license fee of Five (45.00) Dollars per year or any portion thereof, and until the issuance of such license shall have been approved by the Chief of Police on a reasonable showing that the operation of the shooting range will be properly supervised and mill not constitute a danger to life and property. Section 3. Any person who shall violate or fail to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred 0)500.00) Dollars, or by both such fine and imprisonment in the discretion of the Court. Section 4. Ordinance No. 18, Ordinance No. 58, Ordinance No. 59 and Ordinance Ido,11TH are hereby repealed and all other ordinances or parts of or- dinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 5. In the event any portion of this ordinance is held invalid for any reason, such holding shall not affect the validity of the remaining portion of this ordinance. Page 2L121 The forego ng Ordinance was placed on the t axle for consideration at the next regular meeting of the Council, August 13, 1956. Councilman iiauL,lierty was excused at 11:27 P.11., and returned at 11:33 P. M. Marie d1. Clark, City Clerk, read a letter dated July 30, 1956 from the iLayor regarding the proposed Plat ordinance. Councilman La ,nall introduced the iullowing emergency Ordinance: NO. 135 Aia itilLNAECE RiGLILA TING T1L1 HART d, FILING, APPROVING AHD hoJBCTING .LA££S; AND PR0- V I DIP-G Fat I'ENIl VJN IMPROVRAENTS, INSPECTION OF LAIR) AN)) IMPROV:,'i I-Ui TS, FILII+TG OF BOND, INSPECTION, ib JINNE'RING AND FILING FEES, HIRING UP I1GINIEh;11,G uJi' jLTAidTS, ADMINIS- TRATION uP THIS U DINAI JCE,ADOI'fION OF REGU- LATIONS LIERLNJNDE1 AND �ENALTIES FOR VIOLA- TION IIIRf,OF. TIE CITY OF LIVONIA JItJAi NS: Section 1. Title. This ordinance OL 1:town and may be cited as the "Plat ordinance." Section 2. Purpose. The purpose of this ordinance is to promote and protect the public health, safety and welfare. Section 3. Cons ruction. This ordinance shPi l be construed liberally in such a manner as to best effectuate its purpose. Section 4. Definitions. Unless otherwise indicated, the following words and phrases, when used in this ordinance, shall have the following respective mean- ings: "Platting Act" - act 172, Iiic1 iL,an Public Acts of 1929, as amended. "Planning Commission Act" - Act 285, Michigan Public Acts al 1931, as amended. "Council" - The Council oi- the City u1 Livonia, includ- ing the term "governing body" as coed in the Platting Act. "11aun.ing Commission" - The City Planning Commission of the City of LJN-onia, created pursuant to Section 20, Chapter IV, of the Cnarter, Ordinance No. 3 of the City of Livonia and the Plan- ning Comrussiun Act. Page 2425 ',Department', - The Depaitment of Public works of the City of Livond, Incl,ding the City /Lni7ineer. All otnai. words and phrases used in this ordinance shall have the same meanings as defined in the Flatting Act. Section 5. Enael.Lng Authority. This ordinance is adopted pursuant to the provisions of the Platting Act, which are made a part hereof by this reference, and Section 1 of Chapter II and Section 11 of Chapter IV, of the Charter of the City of Livonia. Section 6. Making of Plats. All plats shall be made and prepared in conformance with the Platting Act, Subdivision Regulations and this ordinance. section 7. Delivery of Plats to City Clerk. The proprietor of any lands within the City of Livonia, desiring to have a plat of such lands approved and re- corded, shall deliver to the City Clerk five (5) true plats conforming with all the requirements of the Platting Act, and deposit with the City Clerk tne sun of Sixty Dollars (460.00) to rovide for the expense of inspection of lands, meetin, of the Council and the fees required by such Act. The City Clerk shall pay from the deposit the fees required by such Act and shall deposit the oalance of the deposit in the general fund of the City. defore receivin. any plat and. deposit, the City Clerk shall advise the proprietor thereof of the requirements tnat such plat be approved by the Planning Commission, and that the certificate of the County Treasurer be en- dorsed thereon together with the certificate of the oard of County hoed Commissioners, if required. Section e. Presentment of Piats to UouncJ_1. The City Clerk shall present any plat received by him to the Council pursuant to the provisions of the Platting Act, and tne Council shell approve or reject a plat within thirty 00) days after it is filed with the City Clerk. Section 9. Powers of Council. In addition to the powers given to it by the Charter and the Eichigan Statutes in General, the Council shall have all the powers and rights given to a governing oody under the provisions of the Platting Act. Section 10. Reference and Inspection. All subdivision improvement plans received by the City Clerk shall be referred to the Department for examination there- of, inspection of lands contained therein, estimation of cost of installing and con- structing improvements and a general review of all plans and specifications to deter- mine that water mains, sewers and pavin7 are of proper design. Such review will include: (a) Checking water main plans for size of mains and acequacy of gates and fire hydrants. (h) Checking sanitary and storm sewers to determine proper grades with resultant self-cleansing velocities. (c) Determining types of joints on the basis of the characteristics of the particular area. (d) Determining protection of pipe, width of trench and strength of pipe by depth of sewer and type of soil to be encountered. Page 226 (e) Checking sizes to determine .eeds for sanitary sewers and runoff capacities for storm sewers. (1) Cheating pavement designs for type, thickness related to local soil conditions, adequacy of drainage, and length or gutter runs between hignpoints and catch basins and sidewalk crossings. The Department in addition to the aoove, shall take such action as may be required by this ordinance, or the Council; and the Department shall make and submit to the Council, within ten (10) days following such reference, a written report and recommendation. The fee for so reviewing plans and specifications will be in the amount of one-half (1/2) of one (l;;) per cent of the estimated cosi, of construction. Such fees shall be paid by the proprietor to the City £'reasurer on or before the date of sub- mission of the improvement plans and shall be used only by the Department and may be used for the purpose of engaging the aid of engineerinir consultants. The cost of im- provements shall be determined by the Department. Fee adjustment will be allowed at determination of final actual cost of construction as dei,ermined by the Department. Section 11. Subdivision Regulations. The Planning Commission shall adopt subdivision regulaL,icns governing the platting and subdividing of land within the City of Livonia, and the making and approval of plats. Section 12. Regulations, Specifications, Inspections and Supervision as to Improvements: Fees. The Department shall make regulations and specifications govern- ing the nature, extent, installation and construction of all improvements in or on lands within any proposed plat. Such re gu7 ations and specifications shall not become effective until approved by resolution of the Council. Copies of such regulations and specifications shall be made by the Department for distribution to all interested persons. The inspection of all improvements shall be under the direct supervision of the Department. The Department shall make day to day inspections of construction to determine that proper line and grade and construction requirements as set forth in the aforementioned specifics ions are being adhered to. Those items to be checked shall include: (a) Protection against foreign bodies entering mains during construction. (b) Proper closing of sewer joints. (c) :hush cleaninb of dirty water mains. (d) Sewer encasements, weddings and cradles. (e) Preparation of sub-grade, thickness, type and mixture of concrete. All other items not specifically mentioned in this section shall also be inspected to assure that such improvements are constructed and installed in con- for .ante with Subdivision Regulations and the nog zl;i ons and specifications of the Department. Page 2427 Fees for these inspection services shall be tgree (3%) percent of the cost of estimated construction of the improvement. Such fees snall ue paid by the pro- prietor to the City Treasurer on or before the date of final approval of plat and prior to construction and may be used by the Department to defray the costs of day to day inspection and the expense of engaging consulting engineers in connection with the inspection of said improvements. Fees will be adjusted upon determination of final actual cost of construction as determined by the Department. Section 13. Minimum tcequirements as to improvements. Minimum requirements as to improvements, as to kind, description, quality and quantity, in or an any lands within a proposed plat are hereby estaolisned as follows: (a) Roads, Streets and Sidewalks. All roads, streets and side- walks snail be furnished and constructed in conformance with the Subdivision rehulauions and the Master Plan of the City of Livonia, as heretofore or hereafter adopted by the Planning Commission: 1. Residential Streets (a) Concrete paving with monolithic curb and gutter thirty-one (31) feet back to back of curbs 8-6-8 pavement design. (b) Alternate. Concrete curb and gutter, 18 inch apron 31 feet back to back curbs, 6 inches compacted slag, 2 incnes compacted gravel, 2 inches hot mix asphalt surface. 2. Half Mile Roads. Concrete paving with monolithic curb and gutter 34 feet back to back of curbs 9-7-9 pavement design. 3. All manholes, water gates, hydrants and shut off ocxes to be adjusted to proper grade ±n relation to curb and sidewalk. !t. All suodivision monuments to be checked after all improve- ments are installed and to be corrected or replaced as neces- sary and set to within 2 inures of finish grade. 5. All sidewalks snail ue constructed from curb to sidewalk at ail street intersections. 6. ;street signs snail be furnished and installed in con- formance with the Suudivision regulations. 7. That the Department of Public ;forks may require roadway widths and designs in excess of the above specifications wnenever deemed necessary for the safety and welfare of the people of Livonia. (b) Trees. All trees shall be furnished and planted in conformance with the reg laLions of the Department of Parks and Recreation, as adopted pursuant to Ordinance do. 41 of trio City of Livonia in conformance with the Subdivision Regulations. Page 2428 (c) Grade Level. The rear grade level of each lot shall be in conformity ;di to the grade level as indicated in the plans and specifications submitted. to the Department. (d) Other Improvements. All other improvements not specifically mentioned in this section shall be constructed and installed in conformance with the Subdivision Regulations, and the regulations of the Department. The e staolisnraent Lf the foregoing minimum requirements shall not in anyway prevent the Council from imposing such additional requirements as maybe authorized by law, including the Platting Act. Section 14. Construction of improvements. All improvements, except trees, shall be installed in accordance with the regulations and specifications of the De- partment; and all plans and specifications of such improvements shall be submitted to and approved by the Department. All trees shall be planted in accordance with the regulations of the Department of Parks and Recreation. Evidence of satisfactory con- struction or installation of improvements shall consist of the written certificate of the department having jurisdiction thereof. Section 15. Bonds and Jgreements. The Council may require bonds and agree- ments, as provided in the Platting Act, insuring the proper installation and construc- tion of improvements. Section lo. Approval of Plats. The Council shall approve, by resolution, a proposed plat whenever it shall appear that there has been a Pull compliance with: (a) the Statutes of the state of elichigan, including the slatting Act, (b) the ordinances of the City of L. vonia, including this ordinance, (c) the Suodivieion Regulations, (d) the r gulaLions and specifications of the depart- ment, and (e) such other requirements as the Council may lawfully impose; and whenever it snail further appear that the minimum requirements as to improvements, as set forth in section 13 of this ordinance, nave been fully satisfied and that such improvements have been properly constructed and ins ILel led, or in lieu thereof, a sufficient bond and agreement have been. furnished as provided in Section 15 of this ordinances Evidence of compliance with the Subdivision heeulat_tons shall consist of final approval of such plat b; the Planning Coimiission. Section 17. hejection of Plats. The Council shall reject, by resolution, a plat if it does not confform to the provisions of the Platting Act and this or- dinance. Such resolution shall contain the reason or reasons for rejection and a copy of such resolution snail be iven to the proprietor within five (5) days follow- ing adoption of same. Section 1L . Jubsequent Proceedings. If the Council shall approve a plat, the City Clerk shall transcribe upon the plat a certificate of such approval and shall deliver the approved plat, together with a fee of Four Dollars ( ?L.00) to the Clerk of the County Plat Scald for the eo ante of ''ayne. further proceedings shall be taken Page 21129 as provided in the Platting Act and the City CJ.jr i, shall have such powers and duties as are set forth in such Act. Section 19. Consulting 'Engineer. The Department, with approval of the Council, shall have the authority to appoint, from tilde to time, a consulting engineer or engineers to perform uhe functions and services set forth in Sections 10 and 12 of this ordinance. The Department, with approval of the Council, shall hale the power to terminate the autleoritof such consulting engineer or engineers at any time. The compensation of such consulting engineer or engineers shall oe fixed and determined by the Department, with approval of the Coalncil, but in no event shall such compensa- tion, except by resolution of the Council, exceed the fees of one-half (1/2) of one (l,%o) percent and three (3') percent provided in Secuions 10 and 12 of this ordinance. Section 20. Comuliance. All proprietors, subdividers and persons platting or subdividing any land within the City of Livonia snali fully comply with this or- dinance and the Subdivision Regulations. Section 21. Penalty. Any person who shall violate or fail to comply with any oi the provisions of this ordinance, oi any of the regulations adopted in pursuance hereof, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not e..ceedin,, rive Hundred uollai s (v500.00), or by imprisonment in the dis- cretion of the Court. Each act of violauion and every day upon which such violation shall occur shall constitute a separate, ol.iense. Section 22. itepeal. Irdinance No.)i)i and Ordinance No. 86 are hereby re- pealed, as of the date that this ordinance takes elfect. All other ordinances or parts of ordinances in coni J_=i.ct herewith are hereby repealed only to the extent nec- essary to give this ordinance full force and effect. Section 23. Severability. If any part or parts of this ordinance are for any reason held to be invalid, such decision snail not allect the validity of the re- maining portions of this ordinance. Section 2L. This ordinance is hareoy declared to oe an emergency ordinance noce.;sary for the protection of the public health and welfare, and shall take effect immediately on publication. A recess was called at 11:41 P. M., atter which the meeting resumed with all members present who were named as pree. nt in the original roll call of this meeting except Councilman O'Neill, who had been excused. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bagnall , Jaeinert, Ventura, Daugherty and Grant. NAPS: Jones. The President declared Line Urdinarice duly adopted and will become effective on date of publication, August 16, 1956. Page 2430 By Councilman Ventura, seconded by Councilman Bagnall, it was #495-56 R bOLVED that ri;EttEAS, an additional twenty-seven feet on the West side of Items 22J1 and 22.K1 has been effectuated, and viu:E 2,AS, notice of t-iis dedication was not received by the City Assessor until after confirmation of the Assessment Roll in Special Assess- ment District q;-6, IT IS HE EBY HL3OLVED that, in conformance with the recommenda- tions of the City Assessor dated July 26, 1956, the total amount of the roll is hereby reduced by the amount of Forty-,;i ght Dollars and Six Cents 048.06), and the Treasurer is hereby directed to send a corrected state- ment to Mr. Clyde Bentley in the amount of Two Hundred Party-Five Dollars and sixty-Four Cents N245.64). A roll call vote was taken on the foregoing resolution with the following result : AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and Grant. NAYS: None. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #496-56 Ri�,JOLVED that, before determining to install certain improvements on Deering Avenue from Plymouth itoad to Jest, Chicago Road; the cost of which is to be defrayed by special assessment, the City Engineer is hereby required to ascertain the assessed valuation of all property afiectud by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels o,ined by public authorities, the number of parcels which are now vacant and to prepare, or cause to be prepared, plans and specifications there for and an estimaoe of the cost thereof, and to file the same with the City Clerk, together with his recommendation Ls to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assess- ments may be paid and the lends which ,should be included in the proposed special assessment district, pursuant to the provisions of Section 6 of Ordinance No. 31, as amended by Ordinances No. 46, 65 and 73. By Councilman Bagnall, seconded by Councilman Ventura and unanimously adopted, it was #497-56 Iii eOLVEn that, the Council having, adopted resolution #427-56 at its regular meeting held on June 25, 1 56, requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed paving on the followin; streets: Arden Avenue from Plymouth to West Chicago; Melrose from Plymouth to est 4ilcago; Auburndnl e from Ilymouth to 4v est Chicago; Berwick from Plymouth to West Chicago; Ingram from Plymouth to lest Chicago; Blackburn from 1-lymouth to Nest Chicago; Cranston from Page 2431 Plymouth to ',lest Chi cago and Hubuard from Piymouta to 'gest Chicago in the Northeast 1/1! of erection 34, the numoer of p reels which show tax delinquencies, the number of parcels owned by publ_ c authorities, Lne number of ,parcels which are vacant, and to prepare or cause to be prepared plans and specifications therefor and an estimate for the cost thereof, ind to file the same with the City Clerk, together with his recommendation as to wnat proportion of the cost should be paid by special assessment and .aliat part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the land which should be included in the proposed special assessment district; and it appearing to the Council that all of such in- formation, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of July 19, 1956, and that there has been a full compliance with all of the provisions of Section 6 of Ordinance No. 31, as amended, entitled "An urdi nance to Provide for the .Plakins, of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Pro- cedural', the Council does hereby set August 22, 1956, at 9:30 P. M., as the date and time of a public hearing on such proposed improvement, which public hearing shn11 be held before the Council in the City Hall, 33001 Five hhle Hoad, Livom_a, Michigan, pursuant to Sections d and 9 of said Ordinance No. 31, as amended by Ordinances No. 46, 65 and 73; and the City Cleik is riereby directed to give notice and publication of such hear- ing as is required by oection 7 of said oar dinance. By councilman Ventura, seconded by Council man Daugherty and unanimously adopted, it was #498-5b i ::iULVDD that, the City attorney is hereby instructed to pre- pare an ordinance regulating Drive-In Theaters within the City of Livonia. By Councilman Bagnall, seconded by councilman Jones and unanimously adopted, it was #499-5b RESOLVED that, the City Attorney is hereby instructed to prepare an ordinance regulating Trailer Camps within the City of Livonia. On motion of Councilman Bagnall, seconded by Co'ncilman Ventura and unani- mously adopted, this 1(9th regular meeting of the Council of the City of Livonia was duly adjourned at 12:2( A. it., July 31, 1956. Marie if. Clark, City Clerk MINUTES WERE APPROVED AS SUBMITTED , WITH THE EXCEPTION NOTED IN COUNCIL RESOLUTION No. 500-56 , UNDER DATE OF AUGUST 13, 1956.