HomeMy WebLinkAboutCOUNCIL MINUTES 1956-09-24 Page 2191
MINUTES OF THE ONE HUNDRED EIGHTY-THIRD REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 24, 1956, the above meeting wqs held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:25 P. M., by the
President of the Council, Austin T.Grant. Councilman Ventura delivered the invocation.
Roll was called with the following result: Present-- Austin T.Grant, Frank O'Neill,
Sydney B. Bagnall, Rudolf R. Kleinert, David L. Jones, Peter A. Ventura and John T.
Daugherty. Absent-- None.
By Councilman Ventura, seconded by Councilman O'Neill and unanimously
adopted, it was
#590-56 RESOLVED that, the minutes of the 182nd regular meeting of the
Council of the City of Livonia held September 10, 1956, be and hereby are
approved as submitted.
By Councilman O'Neill, seconded by Councilman Bagnall and unanimously
adopted, it was
#591-56 RESOLVED that, the minutes of the 344th Special Meeting of the
Council of the City of Livonia held September 11, 1956, be and hereby are
approved as submitted.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, *Ventura, Jones, Kleinert, Bagnall, O'Neill and Grant.
NAYS: None.
*Councilman Ventura abstained from voting which, under Ordinance #27, Section 19, is
recorded as a Yes vote.
By Councilman O'Neill, seconded by Councilman Ventura and unanimously
adopted, it was
#592-56 RESOLVED that, the minutes of the 35th Special Meeting of the
Council of the City of Livonia held September 17, 1956, be and hereby are
approved as submitted.
The hour of 8:30 P. M., having arrived, the City Clerk opened and read the
following bids:
Page 2492
INSURANCE
1. M. S. Carney
Liability - excluding automobiles 1. $2,575.25
2. $2,133.80
3. $1,867.65
2. Midwest Underwriters, Inc.
Fleet Insurance only $)4,101.23
3. William Wood Agency, Inc.
Complete Insurance, as requested in
advertisement $5,979.58
By Councilman Daugherty, seconded by Councilman O'Neill and unanimously
adopted, it was
#593-56 RESOLVED that, the foregoing bids for Insurance bezeferred to
the Insurance Committee for report and recommendation to the Council.
WARM AIR FURNACE
1. Conard Heating Company $1,395.00
By Councilman Bagnall, seconded by Councilman Daugherty, it was
Imo #5914-56 RESOLVED that, the bid for warm air furnace be referred to the
Department of Public Works and Fire Commissioner for report and recommen-
dation.
By Councilman Daugherty, seconded by Councilman Jones, it was
#595-56 RESOLVED that, in respect to calling the roll on resolutions by
the City Council, that such roll call shall be on a rotating basis of all
of the Councilmen, rotating such roll call from one regular meeting or ad-
journment thereof to the next.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Jones, Bagnall and Grant.
NAYS: Ventura, Kleinert and O'Neill.
The President declared the resolution adopted.
A roll call vote was taken on resolution #5914-56 with the following result:
AYES: Daugherty, Ventura, Jones, Kleinert, iiagnall, O'Neill and Grant.
NAYS: None.
By Councilman Ventura, seconded by Councilman Bagnall and unanimously
adopted, it was
Page 2493
#596-56 RESOLVED that, the report of the City Attorney be referred to
a later time in this meeting.
By Councilman Bagnall, seconded by Councilman Jones, it was
#597-56 RESOLVED that, the report of the Finance Committee for the month of
July, 1956, is approved, and a summary spread upon the minutes as follows:
General, Administrative and Legislative:
Executive $ 64.26
Legislative 446.10
City Treasurer 1,5 5.77
City Clerk 1,029.40
Department of Law 53.26
Justice Court 264.19
Election Commission 333.19
Civil Service Commission 232.44
City Planning Commission 1,078.95
Civil Defense 17.76
Board of Appeals 271.90
City Hall 1,032.42
Court House 50.82 6,1.40.46
Fire Commissioner 25.00
Police Commissioner 25.00 50.00
lb. Department of Public Safety:
Fire Department 1,245.91
Police Department 1,676.17 2,922.08
Director of Public Works 25.00 25.00
Department of Public Works:
Public Works Division 17,384.41
Engineering Division 1,636.51
Inspection Division 717.38 19,738.30
Department of Parks & Recreation:
Parks Division 653.30
Recreation Division 1,822.50
Cemetery Division 3.78
Forestry Division 268.79 2,748.37
Retirement 9,168.56
Insurance 32403.02
44,4.95.79
General Ledger Accounts:
Advances to:
S. D. S. 6.25
Civic Center 400.00
Farmington Road Paving 12.00
WaterDepartment 151.39 594.64
Total $ 45,090.43
Page 2494
A roll call vote was taken on the foregoing resolution with the following result:
AIM: Daugherty, Ventura, Jones, Kleinert, Bagnall, O'Neill and Grant.
NAYS: None.
By Councilman Dagnall, seconded by Councilman Jones, it was
#598-56 RESOLVED that, the request of Judge Leo Nye for funds is approved
and the following amounts are hereby appropriated from the Unallocated Fund:
Acct. J-12 $200.00
Acct. J-45 $200.00
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ventura, Jones, Kleinert, Bagnall„ O'Neill and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman O'Neill, it was
#599-56 RESOLVED that, the sum of $50.00 is hereby appropriated from the
Unallocated Fund to the Zoning Board of Appeals budget, Acct #7.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ventura, Jones, Kleinert, Bagnall, O'Neill and Grant.
NAYS: None,
By Councilman O'Neill, seconded by Councilman Bagnall and unanimously
adopted, it was
#600-56 RESOLVED that, the City Traffic Commission is hereby instructed
to contact the Wayne County Road Commission for their approval for the in-
stallation of a traffic signal at the intersection of Five Mile and Hubbard
Road.
By Councilman Ventura, seconded by Councilman Bagnall and unanimously
adopted, it was
#601-56 RESOLVED that, the City Traffic Commission is hereby directed to
investigate and make its recommendation for the installation of a traffic
light at the intersection of West Chicago and Middle Belt Roads; that in
connection with said investigation, the City Traffic Commission consult the
Wayne Countyrbad Commission for their approval as to the installation of
the traffic signal at this location.
The City Clerk, Marie W. Clark, read the report of the Director of Public
Works as to air conditioning the City HAP .
Page 2495
By Councilman Daugherty, seconded by Councilman Bagnall and unanimously
adopted, it was
#602-56 RESOLVED that, the report of the Department of Public Works dated
August 30, 1956, submitted pursuant to resolution #433-56 adopted by the
Council on June 24, 1956, pertaining to the air conditioning of the City Hall,
be referred to the Building Code Board of Appeals for their study and recom-
mendation.
Marie W. Clark, City Clerk, read a letter from the Department of Public Works
as to release of funds in Rosedale Gardens Subdivision #16.
By Councilman Bagnall, seconded by Councilman Kleinert, it was
#603-56 RESOLVED that, pursuant to the recommendation of the Director of
Public works and the City Engineer dated September 14, 1956, the Council
does hereby release the sum of $11,340.00 to Shelden Land Company from the
Cash Bond which is deposited in a Special Trust Fund to guarantee improve-
ments in Rosedale Gardens Subdivision #16, such release being Estimate #2,
Sewer and Water Extensions; and the City Clerk and City Treasurer are here-
by authorized to do all things reasonably necessary to the full performance
of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ventura, Kleinert, Bagnall, O'Neill and Grant.
NAYS: None.
Councilman Jones was excused from voting, under the provisions of Section 9, Chapter IV,
of the City Charter.
By Councilman Ventura, seconded by Councilman Bagnall, it was
#604-56 RESOLVED that, pursuant to the recommendation of the Director of
Public Works and the City Engineer dated September 14, 1956, the Council
does hereby release the sum of $39,600.00 to Shelden Land Company from the
Cash Bond which is deposited in a Special Trust Fund to guarantee improve-
ments in Rosedale Gardens Subdivision #16, such release b eing Estimate #3,
Sewer and Water Extensions; and the City Clerk and City Treasurer are hereby
authorized to do all things reasonably necessary to the full performance of
this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ventura, Kleinert, Bagnall, O'Neill and Grant.
NAYS: None.
Councilman Jones was excused from voting, under the provisions of Section 9,Chapter IV,
of the City Charter.
Page 2496
The City Clerk, Marie W. Clark, read a letter from the City Engineer as to
release of bond for J. F.Ferry Subdivision.
By Councilman Ventura, seconded by Councilman Bagnall, it was
#605-56 RESOLVED that, pursuant to the recommendations of the Director of
Public Works and the City Engineer dated September 14 and. September 21, 1956,
the Council does hereby release the bond of 02,500.00, J.F.Ferry Subdivision
#1, and 02,500.00, J.F.Ferry Subdivision #2, which said bonds were established
pursuant to resolution adopted by the Council on April 7, 1954; and the City
Clerk is hereby authorized to do all things necessary to the full performance
of this resolution.
A roll ca:11 vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ventura, Jones, Kleinert, Bagnall, O'Neill and Grant.
NAYS: None.
By Councilman Ventura, seconded by Councilman Bagnall„ it was
#606-56 RESOLVED that,upon report and recommendation of Douglas Campbell,
Fire Commissioner and John Kaiser, Heating Inspector, through the Department
of Public Jorks, the bid of Conard Heating Company in the amount of $1,395.00
Imofor installation of warm air furnace at Fire Station #1 is approved.
A roll call vote was taken on the foregoing resolution With the following result:
AYES: Daugherty, Ventura, Jones, Kleinert, Bagnall, O'Neill and Grant.
NAYS: None.
The City Clerk, Marie W. Clark, read proposed summary from the Detroit Edison
Company for street lighting in Section 35.
By Councilman Ventura, seconded by Councilman O'Neill and unanimously
adopted, it was
#607-56 RESOLVED that, before determining to install and maintain street
lights in the Southeast 1/4 of Section 35, the cost of which is to be de-
frayed by special assessment, the City Engineer is hereby required to ascertain
the assessed valuation of all property affected by the proposed improvement,
the number of parcels owned by public authorities, the number of parcels which
are now vacant and to prepare, or cause to be preparedlplans and specifications
therefor and an estimate of the cost thereof, and to file the same with the
City Clerk, together with his recommendation as to what proportion of the cost
should be paid by special assessment and Mbat part, if any, should be a general
obligation of the City, the number of installments in which assessments may be
paid and the lands which should be included in the proposed special assessment
district.
raGu 4471
The City Clerk, Marie W. Clark, read a petition of residents for sidewalks
on West Chicago near Whitman Junior High School, and relating correspondence. W. R.
McCgry, City Engineer, presented a report as to similar conditions relating to other
schools in Livonia.
Councilrian Daugherty was excused at 9:30 P.M., and returned at 9:3I P.M.
By Councilman Ventura, seconded by Councilman O'Neill, it was
#608-.56 RESOLVED that, the request of residents for sidewalks at Whitman
Junior High School be referred to the Committee of the Whole next Thursday,
and that the report be brought to the next regular meeting of the Council,
October 1, 1956.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ventura, Jones, Bagnall, O'Neill and Grant.
NAYS: Kleinert.
The President declared the resolution adopted.
A recess as called at 9:36 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 *Bagnall, who returned at a later time.
Marie W. Clark, City Clerk, read the recommendation of the City Engineer as to
reduction of bond in Buckingham Village Subdivision,
By Councilman Ventura, seconded by Councilman O'Neill, it was
#609-56 RESOLVED that, having considered the report of the Department of
Public m)rks dated September 18, 1956, relative to the completion of improve-
ments in Buckingham Village Subdivision, the Council does hereby accept such
report; and the bond of $146,000.00, established pursuant to resolution adopted
by the Council on January 31, 1956, is hereby released; provided, however, that
said bond be replaced by a new bond in the amount of $22,000.00, and that such
bond is hereby established to insure completion of improvements pursuant to
the recommendations in the aforesaid letter from the Department of Public Works
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ventura, Jones, Kleinert, O'Neill and Grant.
NAYS: None.
*Councilman Bagnall returned at 10:00 o'clock P. M.
Page 249d
The City Clerk, Marie W. Clark, read a petition for paving of certain streets
in Livonia Gardens Subdivision,
By Councilman Jones, seconded by Councilman Ventura and unanimously
adopted, it was
#610-56 RESOLVED that, the petition of certain proprietors in Livonia
Gardens Subdivision, dated September 11, 1956, for the installation of
pavement on Auburndale and Melrose Streets, between Jamison and Barkley
Streets, be referred to the Department of Public Works for its report and
recommendation.
Marie W. Clark, City Clerk, read a petition of residents in Coventry Gardens
to close catch basins, and report from the Department of Public Works dated September
20, 1956; also relating correspondence.
By Councilman Daugherty, seconded by Councilman Jones, it was
#611-56 RESOLVED that, having considered the petition of residents of
Coventry Gardens Subdivision, received September 11, 1956, for permission
to close certain catch basins and disconnect their down spouts from the
present sewer system, and having considered the report of the Department
of Public Works dated September 20, 1956, in this regard, the Department
of Public .Jorks is hereby given authority to engage Mr. Edwin Orr to make
the necessary engineering study and recommendation for alleviating the
present flooding condition in said subdivision and diaposal of water carried
by the Barlow Drain; and that there is hereby appropriated from the Sewage
Disposal System Fund to the appropriate account of the Department of Public
Works the sum of $1,500.00 to cover the cost of the engineering study and
recommendation; and that this report be submitted to the Council within a
period of thirty days from the date of this meeting.
A roll call vote waa taken on the foregoing resolution with the following result:
AYES: Daugherty, Ventura, Jones, Kleinert, Bagnall, O'Neill and Grant.
NAYS: None.
Councilman Ventura was excused at 10:31 P. M.
The City Clerk, Marie W. Clark, read a letter from the Department of Public
Works, Engineering Division, as to Sewer Wyes and Risers.
Councilman Ventura returned at 10:36 P. M.
By Councilman Ventura, seconded by Councilman Bagnall and unanimously
adopted, it was
Page 2199
#612-56 RESOLVED that, the report and recommendation of the Department of
Public °corks dated September 5, 1956, relating to the installation of Sewer
Wyes and Risers in connection with the present Contract Sewer now under con-
struction be referred to the Sewer Committee of the Council and the Sewer and
Water Commission for report and recommendation.
The City Clerk, Marie W. Clark, read a letter dated September 14., 1956 from
Mr. Jack Young, of Young and Yagoda Builders, as to improvements in Botsford Park Sub-
division.
By Councilman Daugherty, seconded by Councilman Ventura and unanimously
adopted, it was
#613-56 RESOLVED that, the Mayor and City Clerk be authorized to enter
into a contract in such form as may be approved by the City Attorney, with
Young and Yagoda, the proprietors of certain property in Botsford Park Sub-
division, whereby the proprietor is to assume liability for all cost of the
grading, excavating and paving of certain streets in said subdivision; pur-
suant to the plans and specifications as prepared by the City Engineer, and
that such liability shall extend over and above the amount as set forth in
the Special Assessment Roll No. 7.
Marie W. Clark, City Clerk, read a recommendation from the Department of
Engineering as to the low bidder for storm sewers in Botsford Park Subdivision.
By Councilman Ventura, seconded by Councilman O'Neill, it was
#611i-56 RESOLVED that, the report and recommendation of the Department of
Public Works, Engineering Division, dated September 18, 1956, be accepted and
the bid of Chris Nelsen & Sons, Inc., for installation of storm sewers in
Botsford Park Subdivision in the amount of $43,400.65 is hereby accepted; and
the Mayor and City Clerk are authorized to enter into the necessary contract.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ventura, Jones, Kleinert, Bagnall, O'Neill and Grant.
NAYS: None.
By Councilman Jones, seconded by Councilman Bagnall, it was
#615-56 RESOLVED that
WHEREAS, the City Council of the City of Livonia intends to
authorize the issuance and sale of not to exceed One Hundred Four Thousand
($1041,000.00) Dollars Special Assessment Bonds of the City for the purpose
of defraying the cost of constructing paving and storm sewers in Botsford
Park Subdivision;
NOW, THER6FORE, BE IT RESOLVED THAT the City Clerk is hereby
Page 2500
directed to cause a notice of intent to issue bonds tobe published in the
Livonian, a newspaper of general circulation in the City of Livonia, which
said notice shall be in substantially the following form:
NOTICE OF INTENT TO ISSUE BONDS
CITY OF LIVONIA
Please Take Notice that the City Council of the
City of Livonia intends to authorize the issuance and
sale of not to exceed One Hundred Four Thousand Dollars
($104,000.00) Special Assessment Bonds of the City which
shall also pledge the full faith and credit of the City.
Said bonds are to be issued to defray the cost of con-
structing paving and storm sewers in Botsford Park Sub-
division,
This Notice is given pursuant to Section 5(g) of
Act 279, Public Acts of Michigan, 1909, as amended.
City Clerk
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ventura, Jones, Kleinert, Bagnall, O'Neill and Grant.
NAYS: None.
By Councilman O'Neill, seconded by Councilman Daugherty, it was
#616-56 RESOLVED that
WHEREAS, pursuant to due and proper notice published and mailed to
all property owners in Special Assessment District No. 7, as required by pro-
visions of the City Charter and Ordinance No. 31, as amended, of the City of
Livonia, the City Council has duly met ald reviewed the special assessments
levied on the special assessment roll prepared by the City Assessor to cover
the district portion of the cost of street improvements to be constructed in
Special Assessment District No. 7;
AND WHEREAS, the City Council has heard and carefully considered
all objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council does hereby determine that the assess-
ments set forth in said Special Assessment Roll No. 7, in the amount of
$103,234.93, are fair and equitable and based upon benefits derived to the
respective parcels by the construction of the improvements proposed in said
District, in accordance with the plans of the City Engineer and resolutions
of the City Council.
2, Said Special Assessment Roll No. 7 is hereby approved
and confirmed in all respects.
Page 2501
3. The amount of said roll shall be divided into fifteen
(15) equal annual installments with interest at the rate of six (6%) per
cent per annum on the unpaid b alance of the assessment from the date of con-
firmation. In such cases where the installments would be less than ten ($10.00)
dollars, the number of installments shall be reduced so that each installment
shall be above and as near $10.00 as possible. The first installment shall be
due and payable December 1, 1956, and subsequent installments on December 1st
of succeeding years.
1.. Pursuant to the provisions of Sections 14 and 17 of
Ordinance No. 31, as amended, the City Clerk shall endorse the date of con-
firmation on the assessment roll, and the said assessment roll shall then be
immediately transmitted to the City Treasurer who shall then publish notice
as is required by said Section 17, and mail assessment statements to the
respective property owners assessed in manner and substance as provided by
said Section 17. Any property owner assessed, may within sixty (60) days
from the date of confirmation of the roll, pay the whole or any part of the
assessment without interest or penalty.
5. The first inatallment shall be spread upon the 1956 City
tax roll in manner required by Section 19 of Ordinance No. 31, as amended,
together with interest upon all unpaid installments from the date of confirma-
tion of the roll to December 1, 1956, and thereafter one installment shall be
spread upon each annual tax roll, together with one year's interest upon all
unpaid installments; Provided, However, that when any annual installment shall
have been prepaid in manner provided by said Ordinance No. 31, either within
the sixty-day period as provided by Section 18; or after the expiration of
the sixty-day period as provided by Section 21, then there shall be spread
upon the tax roll for such year only the interest upon all unpaid installments.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ventura, Jones, Kleinert, Bagnall, O'Neill and Grant.
NAYS: None.
The City Clerk, Maxie W. Clark, read a recommendation from the City Attorney
as to purchase of property on Farmington Road South of Five Mile Road.
By Councilman Bagnall, seconded by Councilman Jones, it was
#617-56 RESOLVED that, having considered the offer of Gustave J. Zobel
and Florence R. Zobel, his wife, and Robert R. Zobel and Ruth Zobel, his
wife, to sell certain hereinafter legally described property to the City
for the sum of $514,000.00, by land contract purchase on the following terms
and conditions; a down payment of $10,000.00 upon the execution of the con-
tract, and with the balance to be paid in equal annual installments of
$10,000.00 each, with the first such installment to be due and payable on
March 1, 1957, and with a like such installment to be due and payable on the
same day of each year thereafter, with interest at the rate of six per cent
(6%) per annum on the unpaid principal balance and with the entire contract
to be fully paid within four (14) years from the date of its execution; and
Page 2502
that pursuant to the aforesaid offer and the need of the City for the afore-
said property in connection with the development of the Civic Center, the
Council does hereby approve the purchase of the following described land:
Commencing on the section line 628 feet South of the
Northwest corner of Section 22, Township 1 South, Range
9 East, thence running East at right angles to the
section line 189 feet, thence South paras 1 el with the
section line 675.5 feet,thence West 189 feet to the
section line, thence North along the section line
675.5 feet to tie place of beginning;
that after approval by the City Attorney as to the form of the land contract
and the marketability of the title, the Mayor and City Clerk are hereby
authorized to sign such contract on behalf of the City of Livonia and do
all things necessary to the full performance of this resolution; and that
the initial dorm payment of $10,000.00 is hereby appropriated from the Un-
allocated Fund of the Budget to the Acquisition of Land Account to be ap-
plied as a down payment for the purchase of the foregoing premises.
A roll call vote was taken on the foregoing resolution with the following result :
AYES: Daugherty, Ventura, Jones, Kleinert, Bagnall, O'Neill arab. Grant.
NAYS: None.
By Councilman Ventura, seconded by C ouncilman Bagnall, it was
#618-56 RESOLVED that as a part of the consideration of the sale of
certain property by Gustave J. Zobel and Florence R. Zobelt his wife, and
Robert R. Zobel and Ruth Zobel, his wife, to the City of Livonia wich
said property is described in resolution #617-56 adopted by the Council
at its regular meeting held September 24, 1956, the tlayor and the City
Clerk are hereby authorized to execute a Quit Claim Deed to Gustave J.
Zobel and Florence R. Zobel, his wife, and Robert R. Zobel and Ruth Zobel,
his wife, conveying to them any interest the City may have in the following
legally described property:
In the City of Livonia, Wayne County, State of l.chigan;
Part of the Northwest corner of Section 22, T. 1 S., R. 9
E., Livonia Township (Now City of Livonia); beginning at a
point which is at right angles to the 1/2 gest line of the
Northwest 1/4 of Section 22, T. 1 S., R. 9 E., and 198 feet
Easterly, measured from a point on said West ine which is
488 feet from the Northwest corner of Section 22; thence con-
tinuing Easterly along said right angle line 12 feet to a line
of old fence posts; thence South 1 -411-20" W., along an old
fence line and line of fence posts, 140 feet; thence West 12
feet; thence North 1 -25' E., paralel to the lest line of Section
22, 140 feet to the point of beginning.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ventura, Jones, Kleinert, Bagnall, O'Neill and Grant.
NAYS: None.
Councilman Ventura introduced the following Ordinance:
NO.
Page 2503
AN ORDINANCE AMENDING SECTIONS 13, 1)4, 15, 27, 31
AND 35, OF THE ZONING MAP OF THE CITY OF LIVONIA,
AND AMENDING ARTICLE 3.00 OF TiE ZONING ORDINANCE,
ORDINANCE NO.60, OF THE CITY OF LTVONIA,BY ADDING
THLETO SECTIONS 3.102, 3.103, 3.104, 3.105, 3.106,
3.107 AND 3.108.
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendations of the City Planning Commission
dated January 20, 1955 on Petition No. Z-76, July 13, 1956 on Petitions No, Z-171,
No. Z-173 and No. Z-177, July 20, 1)56 on Petition No. Z-1111 and August 10, 1956 on
Petitions No. Z-101aa and No. Z-178, having been considered by the Council, the Council
hereby a dopts said petitions to amend the Zoning Ordinance and the Zoning Map of the
City of Livonia; and all proceedings heretofore conducted 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 3.102. Petition No. Z-76 of Ethel M. and Henry J. Exel„
is hereby granted; the zoning classification of the premises described in
said petition is hereby changed from R-1-B to C-1 as requested in said
petition; and the west 1/2 of the Southeast 1/4 of Section 31 of said
Zoning Map is hereby amended to conform to the change made in this section.
Section 3.103. Petition No. Z-101aa of Oscar Kaley, is hereby
granted; the zoning classification of the premises described in said petition
is hereby changed from R-U-F-B to 0-1 as requested in said petition; and the
Southeast 1/4 of Section 35 of said Zoning Map is hereby amended to conform
to the change made in this section.
Section 3.104. Petition No. Z-141 of the City Planning Commission
is hereby granted; the zoning classification of the premises described in
said petition is hereby changed from to R-1-A as requested in said petition;
and the Northwest 1/4 of Section 35 of said Zoning Map is hereby amended to
conform to the change made in this section.
Section 3.105. Petition No. Z-171 submitted by Harold J. Rice,
Attorney for Louis Gertzman, Joseph Jaffa and Alex Gordon, is hereby granted;
the zoning classification of the premises described in said petition is here-
by changed from R-U-F-B to C-2 as requested in said petition; and the South-
east 1/4 of Section 14 of said Zoning Map is hereby amended to conform to the
change made in this section.
Section 3.106. Petition No. Z-173 of James D. and Doris E. McCuen
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 3.107. Petition No. Z-177 of Nick Ligurs„ is hereby granted;
the zoning classification of the premises described in said petition is hereby
Page 2504
changed from R-U-F-B to C-2 as requested in said petition; and the Northwest
1/4 of Section 27 of said Zoning Map is hereby anended to conform to the
change made in this section.
Section 3.108. Petition No. Z-178 of Simon L. Solomon, President,
Simon L. Solomon Associates, Inc., is hereby granted; the zoning classification
of the premises described in said petition is hereby changed from R-1 to P-1
as requested in said petition; and the Southwest l/1 of Section 15 of said
Zoning Map is hereby amended to conform to the change made in this section.
Section 3. The attached map designated ”Amendment No. 28 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 hereof.
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 beheld invalid for ally
reason, such holding shall not be construed as affecting the validity of any of the
remaining portions of this ordinance.
The foregoing ordinance was placed on the table for consideration at the next regular
meeting of the Council, October 1, 1956.
The City Clerk, Marie W. Clark, read a letter from the Department of Public
Works as to release of bond in Country Homes Subdivision.
By Councilman Bagnall, seconded by Councilman Jones, it was
#619-56 RESOLVED that, having considered the report of the Department of
Public Works dated September 19, i956, relative to the completion of improve-
ments in Country Homes Subdivision #1, the Council does hereby accept such re-
port; and the bond in the amount of $21,668.40, established pursuant to a
resolution adopted by the Council on August 16, 1954, is hereby released; and
the City Clerk is instructed to transmit a copy of the report of the Department
of Public Works to the escrow agent, Lawyers Title Insurance Company.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ventura, Jones, Kleinert, Bagnall, O'Neill and Grant.
NAYS: None.
Councilman Bagnall was excused at 11:15 P. M.
Marie a. Clark, City Clerk, read the report of the Department of Public works
as to release of bond in Ziegler Woods Subdivision.
By Councilman Ventura, seconded by Councilman Daugherty, it was
Page 2505
#620-56 RESOLVED that, upon the recommendation of the Department of Public
Works dated September 13, 1956, and pursuant to resolution #103-56 adopted
by the Council on February 13, 1956, the bond to the City of Livonia for
improvements in Ziegler Woods Subdivision dated February 8, 1954, in the
amount at' $18,500.00 between Aubrey H. Ettenheimer„ et al, as principal and
New Amsterdam Casualty Company as surety, established to insure completion
of improvements in the aforesaid subdivision is hereby released.
A roll call vote was taken on the foregoing resolution with the following result:
AYlin: Daugherty, Ventura, Jones, Kleinert, O'Neill and Grant.
NAYS: None.
The City Clerk, Marie W. Clark, read the report of the Department of Public
dorks as to release of bond in Ziegler Woods Subdivision #2.
By Councilman Daugherty, seconded by Councilman O'Neill, it was
#621-56 RESOLVED that, upon recommendation of the Department of Public
Works dated September 20, 1956, and pursuant to resolution #170 adopted by
the Council on March 28, 1955, the bond to the City of Livonia for improve-
ments in Ziegler Woods Subdivision #2, dated August 16, 19541 in the amount
of $15,000.00 between Aubrey H. Ettenheimer, et al, as principal and Fire-
man's Fund Indemnity Company, as surety, established to insure completion of
improvements in the aforesaid subdivision is hereby released.
A roll call vote was taken on tle foregoing resolution with the following result:
AYES: Daugherty, Ventura, Jones, Kleinert, O'Neill and Grant.
NAYS: None.
Marie W. Clark, City Clerk, read a letter dated September 18, 1956 from the
Department of Engineering as to bids for completing the new engineering building.
By Councilman Jones, seconded by Councilman Ventura, it was
#622-56 RESOLVED that, pursuant to the request of the Department of Public
Works and the City Engineer dated Septemoer 18, 1956, the Department is here-
by given permission to advertise for bids for the completion of the interior
work on the engineering building as outlined in the letter from the Department.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty, Ventura, Jones, Kleinert, O'Neill and Grant.
NAYS: None.
The City Clerk read a letter from the Department of Public Works, Engineering
Division, as to extension of sewer on Five Nile and Schoolcraft Roads.
By Councilman Ventura, seconded by Councilman O'Neill, it was
Page 2506
#623-56 RESOLVED that, upon recommendation of the Department of Public
Works as set forth in its letter of September 20, 1956, permission is
hereby given to the Department to engage the engineering firm of Hubbell,
Roth and Clark to prepare the preliminary plans for the extension of the
Five Mile Sanitary Trunk from Ashurst Avenue West to Newburgh Road, and
also the extension of the Schoolcraft Sanitary Trunk from Farmington Road
Westerly to Newburgh; that the Department shall not expend any sum in ex-
cess of the sum of X3,000.00 for such preliminary engineering services
without first having obtained the prior approval of the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Kleinert, O'Neill and Grant.
NAYS: Daugherty and Jones.
The President declared the resolution adopted.
The City Clerk, Maxie W. Clark, read a letter from the Parks and Recreation
Department as to purchase of lot #44, Botsford Park Subdivision.
Councilman Bagnall returned at 11:29 P. M.
By Councilman Daugherty, seconded by Councilman Bagnall and unanimously
adopted, it was
#624-56 RESOLVED that, the Chairman of the Parks and Recreation Commission
and the Chairman of the Parks Land Acquisition Committee of the City Council,
pursuant to the request in letter dated September 20, 1956 from the Parks
and Recreation Commission, are given authority to negotiate with the owner
for the purchase of lot #44 in Botsford Park Subdivision.
By Councilman Bagnall, seconded by Councilman Ventura and unanimously
adopted, it was
#625-56 RESOLVED that, the Department of Public Works is directed to ad-
vertise for bids, pursuant to the ordinances applicable thereto for the re-
surfacing of the streets in Rosedale Gardens Subdivision; that such advertise-
ment shall set forth all plans and specifications as required by the ordinances
relating thereto and in compliance with the actions of the Council.
By Councilman Ventura, seconded by Councilman Bagnall and unanimously
adopted, it was
#626-56 RESOLVED that, any and all bids that have been submitted for
paving of streets in Botsford Park Subdivision are hereby rejected and
the City Clerk is hereby authorized to return the bid bonds.
City Attorney William N. Ponder gave an oral report as to retention of
Page 2507
special counsel in the matter of Donna Development Company vs. City of Livonia, Wayne
County Circuit #287-917.
President Grant relinquished the chair to Vice President O'Neill at 11:46 P.M.
By Councilman Jones, seconded by Councilman Daugherty, it was
RESOLVED that, upon recommendation of the City Attorneys approved
by the Mayor, pursuant to Subsection (h) Section 14, Chapter V of the Charter
of the City of Livonia, the City Council of the City of Livonia does hereby
authorize William Cohen, Attorney, of 8581 Joseph Campau, Hamtramck, Michigan,
to act as special legal counsel for the City Planning Commission in the matter
of Donna Development Company, a Michigan corporation, vs. City of Livonia, a
municipal corporation, and the Planning Commission for the City of Livonia,
said cause being Wayne County Circuit Court #287-917; that said William Cohen
shall not receive any compensation or fees from the City for his services as
such special legal counsel in the above cause, and that said William Cohen
shall notify the City in writing that he shall act as special legal counsel
for the City Planning Commission in the above matter without any charge or
fees against the City of Livonia whatsoever.
By Councilman Ventura, seconded by Councilman Bagnall, it was
RESOLVED that, the Council close debate on this question and
conduct a vote immediately.
By Councilman Ventura, seconded by Councilman Dagnall, it was
#627-56 RESOLVED that, this 183rd regular meeting of the Council of the
City of Livonia adjourn.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, 41einert, Bagnall, *Grant and O'Neill.
NAYS: *Daugherty and *Jones.
*Councilman Daugherty made the following statement in which Councilman Jones concurred:
This Council is bypassing an issue of importance to adjourn rather thanface the facts
to the people who elected them.
*Councilman Grant made the following statement: I voted yes because I feel the resolution
is not clearly worded and the Council is not in proper position to make a decision.
The Vice President declared the 183rd regular meeting of the Council of the
City of Livonia duly adjourned at 12:16 A. N., September 25, 1956.
Marie W. Clark, City Clerk