HomeMy WebLinkAboutCOUNCIL MINUTES 1954-09-20 SPECIAL Page 1602
MINUTES OF THE TWENTY-SECOND SPECIAL MEETING OF THE
COUNCIL OF THE CITY OF LIVONIA
On September 20, 1954, the above meeting was held at 33001 Five Mile
Road, Livonia, Michigan, and was called to order by the President of the Council,
John T Daugherty at 8:09 P. M. Councilman Kleinert gave the invocation. Roll
was called with the following result: Present-- John T. Daugherty, David L Jones,
Harry R Killam, Rudolf R Kleinert, John W Whitehead, Nettie Carey and Wilson
W Edgar Absent-- None.
President Daugherty announced that , the hour of 8:00 P M , having
arrived, the Council was opening a Public Hearing, pursuant to Sections 6 and 7
of Ordinance No. 31 of the City of Livonia entitled, "An Ordinance to Provide
for the Making of Public Improvements, Defraying the Expense Thereof by Special
Assessment and a Special Assessment Procedure", pursuant to the provisions of
Section 17, Chapter VIII of the Charter, on the question of whether or not the
Council should determine to make certain improvements in Grandon Woods Subdivision
and on Elmira Avenue.
President Daugherty explained that this hearing was being held after
the giving of notice required by Section 7 of Ordinance No. 31 fbr the purpose of
informing all interested persons of the available facts concerning the proposed
improvements, the estimated cost of the same, the amount which will be assessed
against the property affected, the proposed basis of the assessment and other
matters stated in the City Engineer's report filed under Section 6 of Ordinance
No. 31. Approximately 100 citizens were present of whom the following made
statements or asked questions oo ncerning the proposed improvements:
Dyer C Baird, attorney for petitioners
Orlin W Cusino, 30589 Grandon Avenue
Lir Robert Miller, 31231 Grandon Avenue
Francis North, 9210 Merriman Road
Joseph A Vasco, 30642 Grandon Avenue
Adrian Hamelock, 30624 Grandon Avenue
Page 1603
By Councilman Kleinert, seconded by Councilman Whitehead and
unanimously adopted, it was
#1750 RESOLVED, that the Public Hearing set for this date on
certain improvements in Grandon Woods Subdivision be closed.
President Daugherty declared a recess at 8:50 P M , after which the
meeting resumed with all members present who were named as present in the original
roll call of this meeting
President Daugherty declared the hearing open far certain improvements
on Elmira Avenue, at which time the following made statements or asked questions
concerning the proposed improvement
E. J Daas, 10055 Deering
G. C Dygert, 10064 Clements Circle E
Edw F Millson, 10054 Clements Circle E
Anthony M. Gronow, 11317 Deering
J Moriarty, 11370 Clements Circle E
Leo T Wall, 28000 Clements Circle N
James N. Halos, 11433 Deering
imm Robert Schuler, 9984 Clements Circle
Arthur Fediuk, 9954 Clements Circle
Robert Bennett, 10017 Deering
Charles Webber, 9964 Clements Circle
Wilbur D Chard, 11340 Clements Circle E.
By Councilman Whitehead, seconded by Councilman Kleinert, it was
#1751 RESOLVED, that the Public Hearing set for this date on
certain improvements on Elmira Avenue be closed
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Killam, Kleinert, White head, Carey, Edgar and Daugherty
NAYS. Jones
President Daugherty called for a recess at 9.55 P M , after which the
meeting resumed with all members present who were named as present in the original
roll call of this me etirg Council man Kleinert took the chair at 10.09 P M
By Councilman Daugherty, seconded by Councilman Jones, it was
Lam #1752 RESOLVED, that
WHEREAS, there exists now ard has existed for several years
in the central area of the City of Livonia an imperative need for sewers,
particularly sanitary sewers in order to alleviate conditions menacing to
public health, which lack of sewage facilities is retarding the normal
Page 1604
development of the area, and delaying the construction and opening of
public schools therein,
1
rr.. AND WHEREAS, proceedings have heretofore been taken pursuant
to the authorization of the Charter and Ordinances of the City of Livonia
for the ultimate fl nanci ng and construction of a System of combined sewers
in said central area, and a special assessment district established known
and designated as "Sewer Special Assessment District No 4";
AND WHEREAS, a special assessment roll in which the lands in
said special assessment district were subjected to special assessments to
defray the District's portion of the cost thereof was duly prepared and
confirmed by resolution of the City Council on October 8, 1953;
AND WHEREAS, the City's portion of the cost of said project was
determined to be thirty (30%) per cent of the cost of trunks and arms,
and to finance the cost thereof General Obligation Bonds of the City in
the aggregate principal sum of Six Hundred Twenty-five Thousand Dollars,
($625,000 00) after the requisite legal and procedural requirements were
complied with, were offered at public sale on December 3, 1953, and a bid
therefor from Braun, Bosworth & Co and Associates was accepted;
AND WHEREAS, the assessment District's position of the cost of
said project was determined to be seventy (70%) per cent of the cost of
trunks and arms, and one hundred (100%) per cent of the cost of laterals,
and to finance the cost thereof Special Assessment Bonds of the City in
the aggregate principal sum of One Million Six Hundred Sixty Thousand
($1,660,000.00) Dollars, after the requisite legal and procedural require-
amp
ments were complied with, were offered at public sale on December 3, 1953,
and a bid therefor from Braun, Bosworth & Co. and Associates was accepted,
AND WHEREAS, said bonds were never delivered because of
litigation relative to the special assessments, and a change in official
viewpoint as to the financial method used in connection therewith;
AND WHEREAS, it is now the oo nsidered view of the City Council,
after a thorough review of the law and facts, that a more feasible and
economical method of financing needed sewers in said area has been pre-
sented by virtue of the provisions of Act 342, Public Acts of Michigan,
1939, as amended, particularly the amendments adopted thereto at the 1954
session of the State Legislature,
AND WHEREAS, a new and satisfactory general plan for the con-
struction and location of said sewers has been presented by George
Jerome & Co., consulting engineers of Detroit, Michigan, which is less
costly than the original plan, which new plan the City Council has been
advised by said consulting engineers will furnish adequate sewer facilities
to said central area;
AND WHEREAS, a new and satisfactory general plan for the
financing of said sewers has been presented by Miller, Canfield, Paddock
and Stone, municipal bond attorneys of Detroit , Michigan, which financing
r..p plan involves the refunding of existing sewer revenue bonds, together with
the new financing, under the provisions of Act 342, Public Acts of Michigan,
1939, as amended, and should result in a lower interest cost on bonds to
Page 1605
be issued, and a lower cost to the users and beneficiaries of the new
sewers in that the capital cost thereof will be paid largely by rates and
charges to be charged to users and beneficiaries of the sewers on a
uniform basis•
NOW THEREFORE BE IT RESOLVED THAT:
1. All proceedings, resolutions and actions of the City
Council of the City of Livonia relative to the establi shment of "Sewer
Special Assessment District No. 4"; the confirmation of the special
assessment roll for said District; the approval of the engineering reports
or plans and specifications for such sewers in connection with said pro-
ceedings, the sale of the bonds referred to in the preamble hereto, and
in general all proceedings relating thereto are hereby cancelled, rescinded
and held for nought.
2. The special assessment roll known and described as "Sewer
Special Assessment Roll No. 4" as confirmed by resolution of the City
Council on October 8, 1953, is hereby cancelled, rescinded and held for
nought, and the lien thereof is hereby removed, canc elled and held for
nought The City Treasurer is hereby directed to return and refund
forthwith any and all assessments paid on said roll to the person, firm
or corporation having made said payments.
3. The City Treasurer is hereby directed to return forthwith
to Braun, Bosworth & Co. and Associates their good faith checks deposited
at the time their bid for the bonds hereinbefore referred to were accepted,
ard ratify said Company of this action in cancelling said sale.
Iwo
4. Any and all construction bids received in connection with
lawful advertisement therefor for construction of said sewers in "Sewer
Special Assessment District No 4" are hereby rejected, and the City Clerk
is directed to notify such bidders of this action.
5. The City Council hereby determines to proceed with the
construction of sewers in said central area in accordance with the general
plans submitted by George Jerome & Co. , consulting engineers, and to
finance the said construction under the provisions of Act 342, Public
Acts of Michigan, 1939, as amended, in accordance with recommendations
therefor heretofore submitted by Miller, Canfield, Paddock and Stone,
municipal bond attorneys.
6 Because of the imperative reed for said sewers as a matter
of public health and welfare , it is determined that immediate action and
procedures necessary for the final construction and financing of said
sewers be instituted, and to that end the following necessary professional
services are hereby employed and retained for such purpose, to-wit.
(a) The consulting firm of George Jerome & Co. to perform the
necessary engineeririg services in conn ctio n therewith in accordance with
the provisions of the contract submitted to the City, and the Mayor and
City Clerk are hereby authori zed to execute such contract for and on
behalf of the City
(b) The law firm of Miller, Canfield, Paddock and Stone, of
Page 1606
Detroit, Michigan, as bond counsel to perform all necessary legal
services in connection therewith including the final approving legal
opinion on bonds issued to finance the project, said firm to be
rum compensated for their services in accordance with the terms of their
letter under date of September 17, 1954
(c) Louis H Schimmel, Director of the Municipal Advisory
Council of Michigan, as financial consultant, to be compensated for
his services in accordance with the terms of his letter under date of
September 15, 1954
7 The sewer committee of the City Council, heretofore
appointed, be designated to work with the engineers, attorneys and
financial consultant, heretofore specified, in the preparation of the
necessary financing and engineering plans, procedures, contracts,
resolutions, ordi nanc es and other le gal documents necessary to provide
for the financing and construction of the sewers, in such form that they
may be pre sent ed to the City Council at the earl ie st pos sible time for
their consideration The said sewer committee, in view of the time in-
volved, and many meetings in formulating and negotiating the various
plans, contracts, resolutions, ordinances arra other legal documents
necessary to provide for the const ruction and financing of the sewers,
shall be reimbursed for any actual expenses incurred, including any
loss of wages involved in attending the necessary meetings
8 All resolutions and parts of resolutions insofar as the
same conflict with the provisions of this resolution be, and the same
hereby are rescinded.
mum
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Daugherty and Kleinert
NAYS: Whitehe ad, Carey arra Edgar.
Councilman Edgar made the following statement:
"Fully realizing that no city could progress without an
adequate sewer system, we always have been -- and still are -- in
favor of a system that would provide both storm and sanitary sewage
disposal.
"More than two years ago, with this ih mind, we helped to
work on a plan that would furnish the combined uses. It was the feeling
then that this system would provide better protection in the years to
come and that it was a system that , eventually, would prove to be sound
planning This feeling has not changed.
"The feeling still persists that, while disposal of sanitary
sewage is of prime importance, the disposal of storm water is not far
behind Until air land is properly drained we cannot provide the necessary
street paving that is part of any well planned city. It is true, too, that
the lack of storm sewers will bring about unhealthy conditions because of
the water that will lay stagnant in many places.
Page 1607
"So, for these reasons we always have favored the combined
storm and sanitary sewer system We might add that this plan was ready.
The bonds were sold The contracting bids were opened and work was just
i.. about to start when certain forces in the city stopped the plan by court
action Had m t this court action tale n place, the combined sewer would
have been built and would be working today
"We favored this combined sewer in this instance, too, because
it can be constructed faster. All that is needed is to have the Wayne
County authorities approv e a finan ci al prog ram It is entirely possible
that work could be started in a month and the sewer would be ready by
spring. True, it would cost an estimated $1,030,000.00 more than the
separate system at the moment, but in the long run it has been estimated
that it would be a great deal cheaper. In the long run, the combined
system could be built faster and cheaper and provide a better balanced
sewer system That is why we steadfastly stuck for the combined system
"But, inasmuch as the majority of the City Council now is of the
opinion by its vote that it favors a separate system, we would be the
last persons to block a sewer and the benefits it would bring to the
health and welf are conditions in our city. Therefore , in the interest
of harmony and with the hope that our present health condition and sewer
problems can be solved in a hurry, I move that the vote be made unani mou s
for the separate system."
By Councilman Edgar, seconded by Councilman Carey and unanimously
adopted, it was
Imo
#1753 RESOLVED, that the roll call vote on the sewer resolution
No. 1752, be declared unanimous.
President Daugherty resumed the chair at 10.24 P. M , and thereupon
appointed Mr Edgar to serve on the sewer committee, such committee now consisting
of the following members of the Council. Rudolf R Kleinert, David L Jones, John T
Daugherty and Wilson W. Edgar.
By Councilman Kleinert, seconded by Councilman Killam, it was
#1754 RESOLVED, that the sum of $1,500 00 is hereby appropriated
from the Unall ocated Fund and transferred to the Insurance Account.
A roll call vote was taken on the foregoing resolution with the following result•
AYES. Jones, Killam, Kleinert, Whitehe ad, Carey, Edgar and Daugherty
NAYS: None.
The City Clerk, Marie W Clark, read a letter from Harry Slatkin Builders
item
dated September 14, 1954, arra letter from the City Planning Commission dated
September 17, 1954, regarding Country Homes Subdivision.
Page 1608
Councilman Whitehead was excused at 10.31 P. M., and returned at 10:35 P. M
By Councilman Kleinert, seconded by Councilman Carey and unanimously
adopted, it was
it
#1755 RESOLVED, that, having considered the reaue st of Harry Slatkin
Builders, Inc dated September 14, 1954, and the resolution passed by
the City Planning Commission on September 15, 1954, the Council does
hereby amend Item 3 of resolution #1668, adopted by the Council on
August 16, 1954, to read as follows:
That the City Clerk is rot 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:
$130,000 00 - - One Hundred Thirty Thousand Dollars - -
to guarantee the installation of the paving in Country Homes
Subdivision, pursuant to plans and specifications, and that
Upon receipt of a certificate from the engineering division of
the Department of Public Works that the sewer and water have
been satisfactorily installed and that said Harry Slatkin Builders,
Inc., proprietors of Country Homes Subdivision files the proper
escrow agreement with the City Clerk in such form as may be
approved by the City Attorney, the City Clerk, upon the fulfillment
of the foregoing provisions, is hereby authorized to affix her
signature to said Plat as evidence of this approval; and the
Bureau of Inspection is authorized to issue building permits in
r,,,,, said subdivisio n
The City Clerk read a letter to the Council dated September 20, 1954
By Councilman Kleinert, seconded by Councilman Whitehead and unanimously
adopted, it was
#1756 RESOLVED, that items 1 and 2 mentioned in the City Clerk's
letter of September 20, 1954, and the proposed zoning ordinance amendment
as listed in paragraph 2 of such letter, be referred to Mr George D.
Haller for review prior to placing the se it ems on the agenda of a
Council meeting, at the earliest possible date
By Councilman Kleinert, seconded by Councilman Jones and unanimously
adopted, this 22nd special meeting of the Council of the City of Livonia was duly
adjourned at 11:17 P. M.
Attested: M. e Clark, City Clerk
11110
Joh Daugherty, President of th- ►.uncil
Rudolf Reinert, Vice President of the Council
Page 1609
MINUTES OF THE ONE HUNDRED TWENTY-SEVENTH REGULAR MEETING
ILm OF THE COUNCIL OF THE CITY OF LIVONIA
On September 27, 1'154, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:10 P M., by the
President of the Council, John T Daugherty Councilman Kleinert delivered the
invocation. Roll was called with the following result: Present-- John T. Daugherty,
David L Jones, Harry R. Killam, Rudolf R Kleinert, John W Whit ehead, Nettie
Carey and Wilson W Edgar Absent: None.
By Councilman Edgar, seconded by Councilman Jones and unanimously
adopted, it was
#1757 RESOLVED, that the minutes of the 126th regular meeting of
the Council held September 13, 1954 are approved as submitted.
By Councilman Whitehead, seconded by Councilman Jones and unanimously
adopted, it was
#1758 RESOLVED, that the minutes of the 22nd special meeting of
the City Council held September 20, 1954, are hereby approved as submitted.
The City Clerk read a veto message from the Mayor dated September 24, 1954
By Councilman Kleinert, seconded by Councilman Jones and unanimously
adopted, it was
#1759 RESOLVED, that resolution No 1723, passed by the Council at
the 126th regular meeting held September 13, 1954, be readopted in its
entirety just as if it were word for word repeated herein
The City Clerk read a veto message from the Mayor dated September 24, 1954
By Councilman Edgar, seconded by Councilman Killam and unanimously
adopted, it was
#1760 RESOLVED, that resolution No. 1728, passed by the Council at
the 126th regular meeting held September 13, 1954, be readopted in its
entirety just as if it were word for word repeated herein.
Lip The City Clerk read a veto message from the Mayor dated September 27, 1954
By Councilman Kleinert, seconded by Councilman Whitehead and unanimously
adopted, it was
Page 1610
#1761 RESOLVED, that resolution No 1729 passed by the Council at
the 126th regular meeting held September 13, 1954, be readopted in its
entirety just as if it were word for word repeated herein
The City Clerk read a veto message from the Mayor dated September 24, 1954.
By Councilman Kleinert, seconded by Councilman Jones and unanimously
adapted, it was
#1762 RESOLVED, that resolution No 1755, passed by the Council at
the 22nd special meeting held September 20, 1954, be readopted in its
entirety just as if it were word for word repeated herein
The City Clerk read a veto message from the Mayor dated September 27, 1954
President Daugherty relinquished the chair to Vice President Kleinert
at 8.55 P M
By Councilman Daugherty, seconded by Councilman Carey and unanimously
adopted, it was
#1763 RESOLVED, that resolution No. 1756, passed by the Council at
the 22nd special meeting held September 20, 1954, be readopted in its
entirety just as if it were word for word repeated herein.
President Daugherty resumed the chair at 9:00 P M.
By Councilman Jones, seconded by Councilman Kleinert ani unanimously
adopted, it was
#1764 RESOLVED, that the letters received by the City Clerk pertaining
to curtailing building in Livonia be referred to the Committee of the Whole
for further consideration.
President Daugherty asked for the report on resolution No 1748, adopted
at the 126th regular meeting held September 13, 1954. The City Clerk stated that
no report had been filed
By Councilman Kleinert, seconded by Councilman Whitehead and unanimously
adopted, it was
#1765 RESOLVED, that the Council suspend the regular order of business
to take up certain items on the agenda wherein interested persons were
waiting to be heard on those items.
Page 1611
The City Clerk, Marie W Clark, read petitions of certain residents in
Rosedale Gardens Subdivision for street lighting, letters from the Detroit Edison
Company dated September 1, 1954 and September 23, 1954, and presented plans sub-
mitted by Detroit Edison Company Mr Alfred E Majewski appeared before the
Council in this matter
By Councilman Edgar, seconded by Councilman Carey and unanimously
adopted, it was
#1766 RESOLVED, that before determining to install and maintain street
lights in Rosedale Gardens Subdivisions No 9, 10 and 11, the cost of which
is to be defrayed by special assessment, the City Engineer is hereby re-
quired to ascertain the assessed valuation of all property affected by the
proposed improvement, the number of parcels which shw tax delinquencies,
the number of parcels owned by public authorities, the number of parcels
which are now vacant and to prepare, or cause to be prepared, plans 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 what 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
The City Clerk read letters dated July 1, 1954 from Birchard and Roberts,
from Gould and Moss dated July 9, 1954, from the City Clerk to the Department of
Public Works dated July 12, 1954, from Birchard and Roberts to Gould and Moss dated
August 6, 1954, and from Gould and Moss dated August 9, 1954, regarding the con-
struction of Fire Station No. 2. Mr Thomas W Moss and Fire Chief Roberts appeared
before the Council in this matter.
By Councilman Whitehead, seconded by Councilman Carey, it was
#1767 RESOLVED, that Certificate #119-A-9 (final) of Birchard and
Roberts, General Contractors, Dearborn, Michigan, as submitted by Nathaniel
0. Gould and Thomas W. Moss, Inc , architects for Fire Station No 2,
that such final certificate pertains to architectural trades on Fire
Station No 2; be and hereby is accepted, pursuant to the recommendation
of the Department of Public Works, as approved by James Nicholas, Acting
Superintendent; that the treasurer is hereby authorized to pay to said
Birchard and Roberts the sum of $2,361 50, and that the firm of Nathaniel
Iwo 0 Gould and Thomas W Moss, Inc , architects for Fire Station No. 2 be
released from such contract aid the final payment of $224.93 is hereby
authorized.
A roll call vote was taken on the forego ing resolution with the following result:
AYES: Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty
NAYS. None
Page 1612
President Daugherty declared a recess at 9:32 P M , after which the
110 meeting resumed with all members present who were named as present in the original
roll call of this meeting
The City Clerk read a letter dated September 10, 1954 from the Zoning
Board of Appeals requesting special legal advisor.
By Councilman Carey, seconded by Councilman Whitehead and unanimously
adopted, it was
#1768 RESOLVED, that the request of the Zoning Board of Appeals for
a legal advisor be tabled pending a written opinion from George Haller
Mr Alfred Madden and Mr Edward Wild of the Civil Service Commission
appeared before the Council and presented copies of the new salary schedule.
By Councilman Jones, seconded by Councilman Whitehead and unanimously
adopted, it was
#1769 RESOLVED, that the pay rate schedule as shown on pages 1 through
8 inclusive, and attached to the Civil Service Commission letter of
September 27, 1954, be accepted and approved by this Council.
Representatives of the Department of Public Works and the Fire Department
appeared before the Council in this matter
By Councilman Kleinert, seconded by Councilman Killam, it was
#1770 RESOLVED, that the pay rate schedule approved by the Council
in the foregoing resolution be effective as of October 2, 1954.
A roll call vote was taken on the f ore goi ng resolution with the following result.
AYES: Jones, Killam, Kleinert, Whitehead, Edgar and Daugherty.
NAYS. Carey
The City Clerk read a letter from the Civil Service Commission dated
September 14, 1954, also attached recommendation
Councilman Whitehead was excused at 10.53 P M
By Councilman Kleinert, seconded by Councilman Carey and unanimously
adopted, it was
Page 1613
#1771 RESOLVED, that the recommendation of the Civil Service Com-
mission be referred to George D Haller to prepare an amendment to the
existing Pension Ordinance after a conference with the said Civil
110
Service Commission
A recess was called at 11.00 P M , after which the meeting continued
with all members present who were named as present in the origi nal roll call of
this meeting
The City Clerk read a letter from the Board of Water Commissioners dated
September 22, 1954. Mr Wm 0 Remaley and Mr Jos Turner were present.
By Councilman Jones, seconded by Councilman Killam, it was
#1772 RESOLVED, that the request of the Water Department for purchase
of equipment is hereby approved and the City Clerk is authorized to
advertise for bids according to specifications as submitted in letter
of September 22, 1954
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Whitehead and Daugherty
NAYS- Kleinert, Carey and Edgar
The City Clerk read a letter from the Water Department dated September
20, 1954, regarding release of bond for Cooperspoon Subdivision
By Councilman Edgar, seconded by Councilman Jones and unanimously
adopted, it was
#1773 RESOLVED, that the City Clerk notify the Department of Public
Works that this Council hereby establishes a policy that they desire
an inspection and approval of water facilities as a legal part of the
Department of Public Works final inspection and approval for bond
release on Subdivisions
The City Clerk read a letter from the Liquor Control Commission dated
July 28, 1954, and Police Department report dated September 20, ]954, regarding
request for transfer of Class C license of George D Romanuk
A recess was called at 11:50 P.M., after which the meeting was resumed
with all members present who were named as present in the original roll call of
this meeting
By Councilman Jones, seconded by Councilman Killam and unanimously
adopted, it was
lha #1774 RESOLVED, that the Council concur with the recommendation of
the Police Department dated September 20, 1954, relative to the request
for transfer of 1954 Class C license of George Romanuk to Albert and
Alice H Begosian, and such request be and hereby is denied.
Page 1614
The City Clerk read a letter regarding petition of Edward Rose & Sons
dated September 15, 1954 Mr Ross, representing Edward Rose & Sons, was present
By Councilman Carey, seconded by Councilman Jones and unanimously
adopt ed, it was
#1775 RESOLVED, that the petition of Edward Rose and Sons for
paving on Deering Avenue be tabled
The City Clerk read a letter from Carl J Wagenschutz, treasurer, dated
September 7, 1954.
By Councilman Edgar, seconded by Councilman Carey and unanimously
adopted, it was
#1776 RESOLVED, that the request of Carl J. Wagenschutz, treasurer,
dated September 7, 1954, to deputize June Lorraine Bering to receive
money for the City Treasurer be and hereby is approved
By Councilman Kill am, seconded by Councilman Jones, it was
#1777 RESOLVED, that the report of the Finance Committee for the
month of August , 1954, is hereby a,proved and a summary of such report
is spread upon the minutes of this meeting as follows.
General, Administrative & Legislative
Executive $ 2,087 40
Legislative 383.25
City Treqsurer 2,582 81
City Clerk 672.41
Justice Court 429.48
Election Commission 4,971 41
Civil Service Commission 198.60
Court Building 40 76
City Planning Commission 467 72
City Hall 768.21
Civilian Defense 28.08
Board of Appeals 73 60 $ 12,703 73
Department of Public Safety.
Police Departnent 2,573 55
Fire Department 858 08
Inspection Department 1,608.30 5,039.93
Department of Public Works 4,299 35 4,299.35
Department of Parks & Recreation
1,592.23 1,592 23
General Ledger Accounts:
Middlebelt Road Project 50,000 00
Inventory Accounts 1,606.60
Page 1615
General Ledger Accounts (cont'd)
lis Insurance 10,363.55
Hydrant Rental 18,900.00
Sewage Disposal System No 1 1,250 00
Sewage Disposal System No. 2 500.00
Advances 4,623.34
Accounts Receivable 277 53
Retirement Program 4,448 60
Contracts Payable 1,326.71 $ 93,296.33
TOTAL. $ 116,931.57
A roll call vote was taken on the foregoing re solution with the following result:
AYES: Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty
NAYS. None
By Councilman Kleinert, seconded by Councilman Jones and unanimously
adopted, it was
#1778 RESOLVED, that, pursuant to a co nmunic atio n from the Liquor
Control Commission dated August 19, 1954, and a recommendation from
the Police Chief dated September 21, 1954, the City Council does hereby
approve the request from Curtis and Bonnie Brown, for transfer of
ownership of 1954 SDM license of Anthony O'Kula, 29150 Joy Road.
By Councilman Jones, seconded by Councilman Whitehead and unanimously
adopted, it was
#1779 RESOLVED, that pursuant to a communication from the Liquor
Control Commission dated August 13, 1954, and a recommendation from
the Police Chief dated September 21, 1954, the City Council does hereby
approve the request from Eva and Albert Palmer, for transfer of owner-
ship of 1954 SDM license of Fred Stilson, 31420 Five Mile Road.
By Councilman Killam, seconded by Councilman Kleinert and unanimously
adopted, it was
#1780 RESOLVED, that the request of Helen Tartoni for transfer of
1954 SDM license be tabled pending report from the Police Departipent.
Councilman Kleinert introduced the following Ordinance:
NO
AN ORDINANCE VACATING PORTIONS
Imm OF CERTAIN STREET, ALLEY AND
PUBLIC GROUND
Page 1616
THE CITY OF LIVONIA ORDAINS:
Section 1 The report and recommendations of the City Planning Commission
dated May 3, May 21 and July 22, 1954, on Petitions numbered V-3, V-4 and V-5, for
vacating portions of certain street, alley and public ground, are hereby accepted
and adopted, and the Council does hereby approve all proceedings on said petitions,
it appearing that public hearings thereon were duly held on February 23, April 27,
ani July 2J, 1954, as provided by law and that proper mtic es of such hearings were
given
Section 2. Pursuant to Ordinance No 29 of the City of Livonia entitled,
"An Ordinance Providing the Procedure for Vacating of Streets, Alleys and Public
Ground", as amended by Ordinance No 50, the following portions of certain street,
alley and public ground are hereby vacated
(a) That certain alley described in said Petition No V-3,
being more properly described as that portion of the 20 foot public alley
presently situated immediately South of Lots 13 to 25,inclusive, of
B E Taylor 's Como Lade Subdivision of the Northeast 1/4 of Section 24,
Town 1 South, Range 9 East, City of Livo nia, Wayne County, Michigan, pro-
vided, however, that there be and hereby is reserved 12 foot easements
for public utilities consisting of the South 12 feet of Lot 26 and the
South 12 feet of Lot 99 of said Subdivision;
(b) That certain street described in said Petition No V-4,
ILN being more properly described as that portion of Derby Avenue situated
between the North boundary of Five Mile Road and the South boundary of
Coventry Drive (Fordson Highway) within Coventry Gardens Subdivision in
the Southeast 1/4 of Section 16, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, provided, however, that there be and
hereby is reserved a 12 foot easement for utilities, and
(c) That certain public ground known as an easement described
in said Petition No V-5, being more properly described as the six foot
easement adjacent to the East line of Lot 306 and the six foot easement
adjacent to the South line of Lot 305, Coventry Gardens Subdivision in
the Southeast 1/4 of Section 16, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, provided, however, that there be and
hereby is reserved a six foot easement aver the sewer as it now exists
across Lot 305 of said Subdivision;
provided, however, and on the express condition that there be and hereby is reserved
in the lands mw occupied by the above described portions of street and alleys, an
easement for the installation and maintenance of sewers, water, gas, electric, tele-
phone and all other public utilities for the use and benefit of the public and, pro-
vided further, that all persons, firms or corporations owning or operating said
public utilities shall have the right to enter upon said easement for the purpose
of installing, maintaining or operating any of said public utilities
Section 3. 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.
Page 1617
Section 4. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of the re-
maining portion of this ordinance
The foregoing ordinance was placed on the table for consideration at the
next regular re et ing of the Council
Councilman Jones introduced the following Ordinance
NO.
AN ORDINANCE AMENDING SECTIONS 25, 28 and 32,
OF THE ZONING MAP OF THE CITY OF LIVONIA, AND
AMENDING ARTICLE 3 00 OF THE ZONING ORDINANCE,
ORDINANCE NO 60 OF THE CITY OF LIVONIA, BY
ADDING THERETO SECTIONS 3 35, 3.36 AND 3.37.
THE CITY OF LIVONIA ORDAINS
Section 1. The report and reconmendations of the City Planning Commission
dated March 19, 1954, May 3, 1954 and May 21, 1954, on Petitions numbered Z-36A,
Z-48 and Z-49, to amend the Zoning Ordinance and the Zoning Map of the City of Livonia,
and all proceedings heretofore conducted on such petitions, are hereby approved
Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60 of the
City of Livonia, is hereby wended by adding the reto the following sections:
Section 3 35. Petition No. Z-36-A of Harry Smith 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 subject
to the condition that no construction be started until after the Traffic
Commission has met with the State Highway Commission and a decision made on
the cloverleaf, under-pass or over-pass in this area, as recommended by the
City Planning Commission; 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 36 Petition No. Z-48 of Charles G Brown 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 regre sted in such petition, subject to Charles
G Brown dedicating 60 feet from the center of Plymouth Road for a right-of-
way as recomnerrled by the City Planning Commission, and the Northeast 1/4 of
Section 32 of said Zoning Map is hereby amended to conform to the change made
in this section.
Section 3 37 Petition No Z-49 of Don and Ruby F. Waldock is hereby
granted, the zoning classification of the premises described in said petition
is hereby changed from R-1-B to P as requested in said petition, subject to the
amendment of the petition to cover lot No. 381 as well as lot No 380, and
further subject to compliance with the recommendatio n of Waring and Johnson,
planning consultants, dated March 29, 1954, both as recommended by the City
Planning Commission, and the Southeast 1/4 of Section 25 of said Zoning Map
is hereby amended to conform to the change made in this section
Page 161$
Section 3 The attached map designated "Amendment No. 8 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 be held invalid for any
reason, such holding shall rot be construed as affecting the validity of any of the
remaining portion of this ordinance.
The foregoing ordinance was placed on the table for consideration at the
next regular meeting of the Council.
Councilman Whitehead introduced the following Ordinance:
NO
AN ORDINANCE AMENDING SECTID N 11 02
OF THE ZONING ORDINANCE, ORDINANCE
NO 60, OF THE CITY OF LIVONIA
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission
dated February 19, 1954, on Petition No Z-44 to amend the Zoning Ordinance of the
City of Livonia, and all proceedings heretofore conducted on such petition, are
hereby approved
Section 2. Section 11 02 of the Zoning Ordinance, Ordinance No 60, of
the City of Livonia, is hereby amended to read as follows:
Uses Permitted. In all C-2 Districts no buildings or land,
except 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
(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 sale shall be housed within a building having
four (4) side walls and 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
Page 1619
pickup shops, messenger or telegraph service stations and any similar ser-
vice or use
I�rr. (e) Banks, theaters, hotels, assembly buildings, catering establish-
ments, conservatories, sales and show rooms, research and testing laboratories
studios, undertaking establishments, dance halls, recreation 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 rot 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 reason of the emission of odors, fumes, dust, smoke, waste,
lightglare, 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 directional 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
upon approval of the City Planning Commission
(j) Dry cleaning plants, garages and auto wash establishments, on
approval of the City Planning Commission; provided, however, that such
approval shall rot be given until, in addition to other requirements and
considerations, there is filed with such commission the written consent of
the owners of frontage property immediately abutting the premises involved
and the written consent of the owners of seventy (70) percent of the front-
age of all property within three hundred (300) feet of such premises and
not separated therefrom by more than one street or alley
(k) Motels or motor courts upon approval of the City Planning Com-
mission. The commission may permit mantels and motor courts in C-2 Districts,
provided that a public hearing 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 manage-
ment, provided 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 additional room of
�... eighty (80) square feet or more and provided that each unit or group of
units shall have two (2) side yards of rot less than ten (10) feet
each for interior lot side yards; however, when side yards abut a side
Page 1620
street then such street side yard shall be rot 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 rot 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 uses similar in character to the above uses when
it is rot obnoxious or offensive to the locality by reason of the emission
of odor, fumes, dust, smoke, waste, lightglare, 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 cogs, cats and similar small animals, with the approval of the
City Planning Commission.
Section 3 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 4. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of any of the
remaining portion of this ordinance
The foregoing ordinance was placed on the table for consideration at the
next regular meeting of the Council.
By Councilman Edgar, seconded by Councilman Killam, it was
#1781 RESOLVED, that the Council petition the Wayne County Road
Commission to consider a plan whereby the City of Livonia would
have a speed limit of 25 miles an hour in all school zones from
8:00 A M , unti l 5.00 P M
A roll call vote was taken on the foregoing resolution with the following result:
AYES• Jones, Killam, Whitehead, Edgar and Daugherty.
NAYS: Kleinert and Carey
The President declared the foregoing resolution was adopted.
By Councilman Kleinert, seconded by Councilman Carey and unanimously
Page 1621
adopted, this 127th regular meeting of the Council of the City of Livonia was
duly adjourned to Monday, October 4, 1954, at 8:00 P. M., the time of this adjourn—
ment being 12.55 A M , September 28, 1954
„: y - Clark, City Clerk
Attested-
,oh T. Daugherty, President of Council
Rud•lf R leinert, Vice President of the Council