HomeMy WebLinkAboutCOUNCIL MINUTES 1960-12-12 Page 4613
MINUTES OF THE THRE.,; HUNDReD T IENTY-SECOND REGULAR 'METING
OF THE COUNCIL OF THE CITY Cl? LivonA
On December 12, 1960, the aeove meetir4, wae held at 33001 Five Mile Road,
Livonia, Michi„an„ and was called to order by the President at approximately 8:47 P. M.
Councilman Salvadore delivered the invocati on. Roll was called with the following
result: Present-- Robert Sasser, John T. Daugherty, Sydney B. Bagnall, Rudolf R.
Kleinert, Austin T. Grant, Jack Salvadore and James R. McCann. Absent—. None.
By Councilman Daugherty, seconded by Councilman Bagnall, it was
#72S-60 RESOLVED that, the minutes of the 321st regular meeting of the
Council of the City of Livonia held November 28, 1960, oe approved as
corrected, by amending resolution #708-60 to add the words "Legislative
Agent" after the words "Racing Commission."
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Bagnall and Sasser.
NAYS: Salvadore, Kleinert and Grant.
The President declared the resolution adopted.
The President relinquished the chair to the Vice President at 9:03 P. M.
The Clerk announced a veto from the Mayor of resolution #708-60, adopted
on November 28, 1960.
By Councilman Bagnall, seconded by Councilman Daugherty, it was
#726-60 111,. :;OLVED that, resolution #708-60 be readopted as corrected
in the approved minutes of the last meeting.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, McCann, Daugherty, Bagnall and Kleinert.
NAYS: Grant and Salvadore.
The Vice President declared the resolution adopted and the veto over-ruled.
By Cooncilman Bngnall„ seconded by Councilman Sasser, it was
RESOLVED that, having her_tofore placed in the budget for the
current fiscal year sufficient funds to engage the services of an In-
dustrial Coordinator and it being the present attitude of the Council
that an individual serving in such a position might also represent this
Page 4614
as its Legislative Agent in Lansinf,, the Council does therefore request
from the Industrial Commissi on a full report and re commend tion as to the
qualifications that should be expected of an individual serving in the
above capacity; and provided further, for the information of the Industrial
Commission, it is the present intention of the City Council, upon receipt
of such information, to proceed with filling the abovementioned position
on a two-year contractual basis.
The Vice President relinquished the chair to the President at 9:l2 P. M.,
to speak on the resolution.
By Councilman Grant, seconded by Councilman Salvadore, it was
#727-60 RESOLVED that, the foregoing resolution ue tabled to the
next study meeting of the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Daugherty and Grant.
NAYS: Bagnall, Kleinert and Sasser.
The President declared the resolution adopted.
The Vice President resumed the chair at 9:15 P. M., and thereafter presided
over the balance of the meeting.
By Councilman Bagnall, seconded by Councilman Sasser and unanimously
adopted, it was
#728-60 RESOLVED that, having considered the letter from the Mayor
dated December 7, 1960, the Council does hereby approve the appointment
of Mr. James Watson, Jr., 11160 Oxbow, Livonia, Michigan, to the City
Planning CommissiGn for the current term, expiring June 10, 15'63.
The letter from the Mayor dated November 10, 1960, regarding an ordinance
requiring moving companies to notify the Police Department of people moving into and
out of the City, was received and placed on file for the information of the Council.
Councilman Bagnall introduced the following Ordinance:
SAN ORDINANCE TO LICENSE AND REGULATE PUBLIC MOVING VANS
IN THE CITY OF LIVONIA AND TO PROVIDE A PENALTY FOR THE
VIOLATION HEREOF.
THE CITY OF LIVONIA ORDAINS:
Section 1. Definitions.
(a) "City" is the City of Livonia.
*Tabled indefinitely, see resolution #756-60.
Page 4615
(b) "City Clerk" is the City Clerk of the City of Livonia.
c) "Police Department" is the Police Department of the City of
Livonia.
(d) "Person" shall mean any individual, partnership, firm or
corporation.
(e) "Public Moving Van" is any vehicle used for the conveyance of
household goods from place to place for hire.
(f) "Public Mover" is any individual, person, partnership, firm or
corporation who shall move or holds themselves out to move, for hire,
household goods.
(g) "Household Goods" are the personal effects and property, in-
cluding furniture, used or to be used in a dwelling when a part of the
equipment or supply of such dwelling. The term shall not include any
furniture or property owned or possessed as articles of merchandise for
sale by any merchant regularly engaged in the sale of such merchandise
when the sale or transportation of same is incident to the conducting
or carrying on of such business.
Section 2. License Required. No person shall keep for hire any puolic
moving van or vans nor operate any public moving van or vans in the City of Livonia
nor engage in the business of a public mover in the City of Livonia without having
first secured a license as provided for ner.,inafter.
Section 3. Issuance of License. The City Clerk is hereby authorized to
issue licenses to any person to operate a public moving van or vans in the City upon
the applicant complying with all of the provisions of this ordinance.
Section 4. Contents of Application; Fee. Every application for a license
hereunder shall be filed with the City Clerk upon forms to be obtained from the City
Clerk and when filed shall be accompanied by a filing fee of Ten Dollars ($10.00)
for one (1) vehicle and Five Dollars (S5.00) for each additional vehicle to be
licensed. Such application shall be verified by the applicant or its duly authorized
agent and shall state the following facts:
(a) The full name and address of the applicant, and if a partner-
ship, the names and addresses of all partners, and if a corporation, the
names and audresses of all the officers and directors thereof, and also
the applicant's telephone number;
(b) The name and address of the state licensed owner of each vehicle
proposed to be used as a public moving van;
(c) The number and type of vehicles to be operated, the capacity in
cubic feet of each vehicle and the motor, serial and registration humber
of each vehicle; and
(d) The public liability and cargo insurance to be carried as here-
inafter required.
Page 4616
Section 5. Insurance -'.equi.rements. No 1 cense shall oe issued to any
applicant therefor until such applicant shall have filed a. certificate or duplicate
policy o insurance with the City Clerk indicating that the applicant has in force:
(a) Public liability and property damage insurance in the following
minimum amounts: One Hundred Thousand Dollars ($100,000.00), single lia-
bility; Three Hundred Thousand Dollars ( 1300,000.00) total liability;
and Twenty-Five Thousand Dollars 025,000.00) property damage.
(b) Cargo insurance of not less than Ten Thousand Dollars ($10,000.00)
for each vehicle engaging in the business.
Such insurance shall ue kept and maintained in continuous force and effect so long
as the applicant and oener of such vehicles shall be licensed hereunder to operate
same on the streets of the City of Livonia. Any policy of insurance issued and filed
pursuant to the provisions of this ordinance shall provide therein that the same shall
not be canceled by either the insurer or the insured, except upon the giving of notice
in writing to the City of such cancelation twenty (20) days prior to the effective date
thereof. No license shall be valid in the event of the cancelation of such insurance.
the filing of such certificate or duplicate policy of insurance shall be subject to the
approval of the Department of Law as to form and sufficiency thereof.
Section 6. Expiration of License; Renewal. Every license issued under the
provisions of this ordinance shall expire one (1) year from the date of issuance.
Applications for renewal of a license may be made by the holder upon forms to be
supplied by the City Clerk. Every apil cation for renewal shall be accompanied by
a renewal fee of Five Dollars ($5.00) for one (1) vehicle and Two Dollars ($2.00)
for each additional vehicle to be licensed.
Section 7. Number Plates. The City Clerk shall issue, together with the
license applied for, a number plate or plates for each vehicle to be licensed. A
licensee shall cause the number plate or plates to be posted in a conspicuous place
upon all licensed public moving vans and shall keep a record of the place from and
the place to whichthe household goods of any person are raved. Any public moving
van not displaying the number plate of a publ c mover shall be prima facie deemed in
violation of the provisions of this ordinance.
Section 8. Transfer of License; Prohibited, No license issued under the
provisions of this ordinance shall be transferred unless specifically authorized by
the provisions of this ordinance.
Section 9. Notice to Police Department. On Monday of each week, the
owner of each public moving van used to move household goods within the City or to
or from the City during the previo is weett, shall file with the Police Department a
statement containing the following information:
(a) The name and addrese of the public mover;
(b) The name and address of each person who employed him to move
household goods; and
(c) The place from and the place to which said household goods were
moved.
The Police Department shall transmit such information to the City Clerk each week for
her information.
Page 4617
Section 10. Imeroper Information. It shall be unlawful for any person
procuring the removal of any household goods herein described, or receiving the sane,
to !ive to the owner or operator of any Vehicle employed to move or remove such
property a fictitious name or refuse to give the correct name of the owner or person
in possession of or receiving such property or in any way wilfully deceive a public
mover as to the same.
Section 11. Suspension and Revocation; Appeal. Any license issued under
the provisions of this ordinance may be suspended or revoked by the Director of Public
Safety, or Mayor, at his discretion, for cause, which cause may include, but is not
limited to the followine:
(a) Such public mover has gone out of the moving business;
(o) Such public mover has failed to maintain the insurance require-
ments of this ordinance;
(c) Such puolic mover has been convicted of repeated violations of
this ordinance;
(d) Such public mover's application for license contained false or
misleading statements;
(e) Such public mover is engaged in undesirable business practices
whereby the public has been damaged or injured;
(f) Sech public mover has failed to maintain the proper equioment
provided by the provisions of this ordirance; or
(g) Such public mover is not a suitable person to engage in the
business of public moving.
In such cases of suspension or revocation, the former licensee shall be entitled to
apply for an appeal hearing before the Council. Such apeeal must be applied for
within ten (10) days from the date of such suspension or revocation. The Council
shall order and establish a time and date upon which such hearing shall be held which,
in no event, shall be more than ten (10) days after receipt of the application for
appeal. After such hearing, the Coancil shall either affirm, modify or revoke the
order of suspension or revocation.
Section 12. Vehicles; Restriction' and negulations. No public mover
licensed hereunder shall transport household goods„'as in this ordinance defined,
uncrated, except in a moving van. Such moving van shall be of not less than four
hundred (400) cubic feet capacity, and be so constructed and entirely enclosed so
as to protect the contents from the weather. Such van shall contain sufficient
standard equipment to properly protect from damage the household goods as herein
defined in connection with the loading and unloadin thereof and the transportation
thereof. All such moving vans shall be adequately equipped with standard furniture
moving pads or other suitable padding material to properly protect the lading. No
free service shall be riven to any person, firm or corporation. Every vehicle
operated by a public mover shall be maintained at all times ih a safe operating
condition. Drivers of all trucks shall be of good moral character, shall be fully
competent to operate the vehicles under their charge, and shall hold a license to
operate motor vehicles from the Secretary 0/ State as required by law. No driver
Page 4618
or operator of any motor vehicle subject to the provisions of this ordinance shall be
permi.tted to use or be under the influence of intoxicating liquors while operating
such vehicles.
Section 13. exception. None of the provisions of this ordinance shall be
construed to require a licensed permit of those persons engaged in the cartage
business of office furni ure, fixtures and. records or store furniture, fixtures and
stock, displays, exhibits and r: laced commodities, the transportation of which is in
the ambit of general cartage. Nor shall it require a licensed permit of any person
licensed by the City of Livon- a to conduct an express or trailer rental business who
operates under and in accordance with the ordinance under which they are licensed,
or any person engaging in the cartage business that does not move or offer to move
household goods as hereinbefore defined. The provisions of this ordinance shall not
be construed to require a license for the transportation or moving of any of the
items referred to herein, when such are transportedas a movement or part of a
movement in an intrastate or inter-state conte rce when such transportation is performed
by or for a duly licen, ed carrier in accordance and compliance with its published
tariffs and the rules and regulations of its licensed authority.
Section 14. Penalty. Any person, firm, association or corporation violat-
ing any of the provisions of this ordinance shall, upon conviction thereof, be
subject to a fine not exceedint, Five Hundred 1)oll.ars ($500.00) or imprisonment not
exceeding ninety (90) days or both such fine and imprisonment in the discretion of
the Court.
Section 15. Repeal. All ordinances or parts of ordinances in conflict
herewith are hereby repealed only to the extent necessary to _ive this ordinance
full force and effect.
Section 16. Severability. Should any portion of this ordinance be held
invalid for any reason, such holding shall not be construed as affecting the validity
of the remaining portions of this ordinance.
ilThe foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
By Councilman Sasser, seconded by Councilman Bagnall, it was
#729-60 RESOLVED that, having considered the report and recommendation
dat d November 17, 1960, from the Superintendent of Operations Division,
approved of by the Director of Public works, the Council does hereby accept
the respective and like bids of the International Salt Company, Buhl
Building, Detroit 26, Michigan, and the Morton Salt Company, P. 0. Box K,
Grand River Station, De uroit 19, Michigan, at the submitted bid prices of
$io.b0 per ton with delivery on 24 hours' notice (terms net 30 days), such
having been, in fact, the lowest bids received for this material; and the
Director of Public Works is herein directed to divide its purchases of
rock salt as equally as possible between the aforementioned bidders and
to do all other things necessary or incidental to the full performance
of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
*Tabled indefinitely, see resolution #'756-60
Page 449
AYES: Sasser, McCann, Daugherty, Bagnall, Kieine.rt,Grant and Salvadore.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Bagnall and unanimously
adopted, it was
#730-60 RESOLVED that, havinE, considered the bids received by the City
of Livonia for the purchase of rock salt and having noted that each of the
three bids and the terms thereof are identical, the Council does hereby
direct the City Clerk to transmit such bids to the Anti-Trust Division of
the Department of Justice for the information, action and future reference
of that agency.
By Councilman t3agnall „ seconded by Councilman Grant, it was
#731-60 RESOLVE) that, navinf- considered the reports and recommendations.
of the Director of Public Safety dated November 25, 1960 (1) and November
29, 1960 (2), the Council does herein authorize and request the City Clerk
to make application to The Detroit Edison Company on forms provided by such
company, for the installation of street lamps of suitable lumen strength
to be installed at the following locations:
(1) at the intersection of Mid,.tiebelt Road ard Pickford Street
arranged in such a manner as to provide adequate light for the
proposed four-lane width on Mlddlebelt Road;
(2) at the intersections of Seven Mile Road and Flamingo,
Hillcrest, Milburn and Sunset streets;
(3) at the intersection of Five Mile hoed. and Sunset and
Bainbridge; and
(4) at the intersection of 2,1erriman Road at hoycroft, Dorais
and Rayburn streets;
all such intersections are located in the City of Livonia, it being the
determination of the Council that such intersections require lighting in
order to protect the public safety of the residents of this community; and
there is hereby transferred from the Working Capital Funds Account of the
Budget to the Municipal Utilities and Supplies Account (Contractual Sr-
vices) of the Budget, the sum of $500.00 to cover the expense of the
aforementioned street light ins tallations.
A roll call vote was taken on the foreoin:, resolution with the following result:
AYES: Sasser, AcCann, DaugherLy, Bagnall, Kleinert, Grant and Salvadore.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Daugherty and unanimously
adopted, it was
Page 4620
#732-60 RESOLVED that
WHEALAS, pursuant to the direction of the Council by resolution
#648-60 adopted on November 14, 1960, the City Assessor of said City of
Livonia, has prepared and reported to the Council the assessment roll
dated November 28, 196n, covering, and containing the Special Assessments
assessed and levied, respectively in the proposed Special Assessment District
as heretofore established for the construction of proposed paving in said
district as designated in said resolution heretofore adopted by the Council;
THEREFORE, BE IT RESOLVED that, the said roll be accepted by the
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 2;ive notice
pursuant to the provisions of Ordinance No. 31 of the City-, as amended, that
the Assessment 'toll has been made and filed in the office of the City Clerk
for public exam,nation, and that the City Council of the City of Livonia
will meet in the City Halls 33001 Five Mile Road, Livonia, Michigan, at
9:00 P. M., on Wednesday, January 18,1961, to review the said Special
Assessment Roll, at which time and place opportunity will be given to all
persons interested to be heard;
IT 15 FURTHER RESOLVED that, the City Clerk give notice of said
hearing, by causing a copy of this resolution to be published once in a
newspaper published and circulated in said City, at least ten (10) days
prior to the date of January 18, 1961, and that the City Clerk also lye
notice of said hearing by sending written notice thereof to each property
owner subject to special assessment by reason of said improvement, the
addresses of said property owners to be taken from the latest tax assess-
ment roll in the City Assessor's office.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#733-60 RESOLVED that, the letter from the Civil Service Commission
dated December 53 1960, recommending certain changes in existing engineer-
ing classifications, and the letter from the Civil Service Commission dated
December 1, 1960, regarding the salaries of the Chief Inspector and the
'unerintendent of Parks and Recreation, are hereby referred to the
Finance Committee for it consideration and report.
By Councilman Daugherty, seconded by Councilman Bagnall„ it was
#734-60 RESOLVED that, naving considered the report and recommendation
dated November 29, 1960, from the Chief City Engineer, approved by the
Director of Fublic 'Aforks, the Council does herel:e, authorize payment to the
S. Weissman excavating Company, Inc., 15496 Telegraph Road, Detroit 35,
Michigan, of al4.00„ Alich sum represents the final payment and balance
due on a contract b aryl between that company and the City of Livonia,
dated August 23, 196u, for the construction of a certain sanitary sewer
connection, it appearing from the aforementioned report that all work has
been satisfactorily performed and completed in accordance with the rules
and regulations of the City; and the Director of Public works, City Clerk
and City Treasurer are herein authorized to do all things necessary or
incidental to the full performance of this resolution.
Page 4621
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, McCann, Daugherty, Bagnall, Kleinert, Grant and Salvadore.
NAYS: None,
An Ordinance Amending Section 5.11 of Ordinance No. 21 of the City of
Livonia known and cited as the "Traffic Ordinance," introduced by Councilman Bagnall
on November 28, 1960, was taken from the table and a roll call vote conducted themon
with the following result:
AYES: Sasser, McCann, 8agnall, Kleinert, Grant and Salvadore.
NAYS: Daugherty.
The Vice President declared the ordinance duly adopted and would become effective
on publication.
An Ordinance Amending SectLons 2.02 and 2.05 of Article II, and Amending
Article IV by Adding Thereto Section 4.94 of Ordinance No. 51 of the City of Livonia,
entitled "An Ordinance Regulating the Irection, Construction, Enlargement/ Alteration,
Repair, Moving, Demolition, Conversion, Occupancy, Equipment, Height, Area, Location
and Maintenance of all Buildings and Structures in the City of Livonia; and Providing
for Issuance of Permits, Collection of Fees, Making of Rules and Establishment of
Fire Limits; Providing for the Repeal or Prior Ordinances; and Providing Penalties
for Violation Hereof," introduced by Councilman Ueinert on November 26, 1960, was
taken from the table and a roll call vote conducted thereon with the following result:
AYES: Sasser, 4.-Cann, Daugherty, Bagnall, rueinert, Grant and Salvadore.
NAYS: None.
The Vice President declared the ordinance duly adopted and would become effective
on publication.
An Ordinance Providing for the Recrulation and Licensing of Ambulances,
Ambulance Operators ad Personnel Within the City of Livonia; and to Provide for a
Procedure Whereby the City of Livonia can Cont. -ct or Emerg3ncy Ambulance Service
on a Competitive Bid Basis, introduced by Councilman Bagnall on November 28, 1960,
Page 4.622
was taken from the table and a roll call vote conducted thereon with the following
result:
AYES: Sasser, McCann, Daugherty, Bagnall, Kleinert, Grant and Salvadore.
NAYS: None.
The Vice President declared the ordinance duly adopted and would become effective
on publication.
An Ordinance vacating Portions of Street, Alley and Public Ground, introduced
by Councilman Daugherty on November 26, 1960, was taken from the table and a roll call
vote conducted thereon with the following result:
AYES: Sasser, McCann, Daugherty, Bagnall, Kleinert, Grant and Salvadore.
NAYS: None.
The Vice President declared the ordinance duly adopted and would become effective
on publication.
At 9:440 P. M., a recess was called, after which the meeting resumed with
all memuers present who were named as present in the original roll call of this
meeting.
Councilman Kleinert introduced the following Ordinance:
AN ORDINANCE ANIDTNG SECTION 20.01 OF ARTICLE 20.00
OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING
ORDINANCE OF THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 20.01 of Article 20.00 of Ordinance No. 60, as amended,
entitled "Zoning Ordinance of the City of Livonia," is hereby amended to read as
follows:
Section 20.01. Amendments. This ordinance may be amended, from time
to time, purszant to the provisions of Section U, Act 207, Public Acts of
Michigan of 1921, as amended. All amendments shall be made in the manner
provided in this section and Section 3.05 of this ordinance. Proceedings
to amend this ordinance or the Zoning Map of the City of Livonia shall be
initiated or commenced by any one or more of the following methods:
(a) By resolution of the Council wherein the question whether or not
a particular a1 endment should be made is refeired by the Council, on
Pae 4623
on its own motion, to the City Planning Commission and wherein such
161. commission is requested to hold a public hearing on the question and
to thereafter make a report and recommendation to the Council;
(b) By resolution of the City Planning Commission wherein such com-
mission, on its own motion, provides for a public hearing on the question
whether or not a particular amendment should be made and for a report
and recommendation thereon to the Council; or
(c) By written apilication in triplicate, addressed to the Council,
duly signed by the owners of fifty per cent (50%) or more of the
frontage in any district or part thereof, duly acknowledged by each
owner substantially in accordance with the statutory provisions for
acknowledgment of deeds, and accompanied by the filing fee hereinafter
fixed.
Each proceeding, whether originating by resolution or application, shall
be designated as a "petition," shall be submitted to the City Attorney for
his approval as to form and on such approval, shall be filed in the office
of the City Clerk and riven a number. Where a petition is presented by a
property owner or property ooners, such petition shall contain the follow-
ing information:
(a) Names and addresses of owner or owners;
(b) A complete legal and common descriction of the
property involved;
(c) The existinr zoning classificn+ ion of such property;
(d) The change or amendment desired;
(e) The reasons for such change or amendment;
(f) The applicant's petition must be verified;
(g) Area Plan which shoe] d include the following information:
Scale - 4i0 feet equals one (1)inch;
Date:
North point;
Key symbols, ii used;
Name and aadress of petitioner;
Section number;
Streets (nairied) including the nearest major streets;
Parcel numbers;
Structures and existing land use on all lots which are
adjacent to structures or which abut the subjecttract
and on such additiona 1 lots as may, in the City Planner's
opinion, oe necessary to properly reflect the surrounding
land u e;
Proposed land uses in the area sought to be rezoned; and
Dimensions on proposed rezoning.
Each petition of a property owner or owners shall be accompanied by a
filing fee in accordance with the folloAing schedule; except petitions
filed by a cnurch which shall be exempt from a 'fling fee:
Zonino from any clas-ification to
R-1, RU, RL or RUF - Thirty-Five Dollars ( 35.00) plus an
additi 'nal Five Dollars ($5.00) for each 7,200 square feet or
fraction thereof in excess of 7,200 square feet, not to exceed a
total fee of Three Hundred Dollars ($300.00);
Page 4624
R-2 - One Hundred Dollars ($100.00) plus an additional
Ten Dollars (410.00) for each 7,200 square feet or fraction
thereof in exress of 7,200 square feet, riot to exceed a total fee
of Three Hundred Dollars ($300.00);
R-3 or PS - One Hundred Dollars ($100.00) plus an additional
Ten Dollars ($10.00) for each 7,200 square feet or fraction thereof
in excess of 7200 square feet, not to exceed a total fee of Three
Hundred Dollars ($300.00);
C-1 or C-2 - One Hundred Fifty Dollars (4150.00) plus an ad-
ditional len Dollars ($10.00) for each 4,000 square feet or fraction
thereof in excess of 8,000 square feet, not to exceed a total fee of
Three Hundred Dollars (4300.00); and
M-1 or M-2 - Two Hundred Do lars (4200.00) for the first acre
plus an additional Fifty Dollars ($50.00) for each additional acre
or part thereof, not to exceed a total fee of Three Hundred Dollars
(4300.00);
provided, however, that each subsequent petition involving substantially
the same subject matter and parties as a prior petition shall be considered
merely as a petition for rehearing of such prior petition and shall oe
given the same number as SUCN prior petition; and provided further that an
adjitional filing fee shall he required on the first petition for rehearing
of a prior petition in the amount of twenty percent (20%) of the original
Mine fee and a filing fee of thirty percent (30%) of such original filing
fee is hereby fie&ed for each additional petition for rehearing of such prior
petition. All filing fees shall be paid to the City Treasurer. On receipt
of a petition. for amendment in due form and on payment of the required
filing fee, the City Clerk shall forthwith refer such petition to the City
Planning Comm.i.ssion. Such commis-dm shall, within ninety (90) days
following reference to it of a petition, hold a public hearing on the
petition, grant any person interested an opportunity to be heard thereon
and make a report and recommendation on such petition to the Council. Not
less than fifteen(15) days' notice of the time and place of such public
heareng shall first be published in the official newspaper or a paper of
general circulation in the City of Livonia: and not less than fifteen (15)
days' notice of the time and place of such public hearing shall first be
given by registered United States mail to each public utility company and
to each railroad company wring or operating any public utility or railroad
within the district or zones affected. The Council shall either approve
or reject the recommendations of the City Planning Commission; provided,
however, that all amendments to this ordinance or to such zoning map shall
be made by ordinance; and provided further, that in case a protest against
a proposed amendment be presented, duly signed by the owners of twenty (20)
percentum or more of the frontage proposed to be altered, or by the owners
of twenty (20) percentum or more of the frontage immediately in the rear
thereof, or by the owners of twenty (20) percentum of the frontage directly
opposite the frontage proposed to be altered, such amendeent snail not be
passed except by the three-fourths vote of the Council.
Section 2, Ordinance No. 2e'e is hereby repealed as of the date this or-
dinance becomes effective, and all other ordinances or parts of ordinances in conflict
herewith are hereby repealed only to the extent necessary to lve this ordinance full
force and effect.
Page 4625
Section 3. If any part or parts of this ordinance are for any reason
held to be invalid, such holding shall not affect the validity of the remaining
portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
Councilman Kleinert introduced the following Ordinance:
AN ORDINANCE IENDING SECTION 17.02 OF ARTICLE 17.00
OF CRDINANCE NO. 60, AS AAENDED, ENTITLED "ZONING
ORDINANCE OF THE CITY )F LjVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 17.02 of Article 17.00 of Ordinance No. 60, as amended,
entitled "Zoning Ordinance of the City of Livonia," is hereby amended to read as
follows:
Section 17.02. Authority to Approve Uses; Filing Fees.
Whenever in this ordinance the lawful exercise or existence of a use re-
quires the approval of the City Planning Commission, such commission is
hereby authorized and directed to investigate the matter requiring such
approval, to conduct a hearing tnereon, to make a determination, to either
grant or refuse approval and to do all things reasonably necessary to the
making of such Investigation and determination, subject to the provisions
of Section 17.03 and 17.07,inclusive, of this ordinance. Each petition
or application of a property owner or owners requesting such approval hy
the City Planning Comassion shall be accompanied by a filing fee of Twenty-
five Dollars (Z25.00), except petitions filed by a church which shall be
exempt from a filing fee.
Section 2. Ordinance No. 306 is hereby repealed as of the date this or-
dinance becomes effective, and all other 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. If any part or parts of this ordinance are for any reason held
to be invalid, such holding shall not aLfect the validity of the remaining portions
of this ordinance.
The foregoing Ordinance was placed on the table for ccnsiderat-on at the next regular
meeting of the Council.
Counc lman Grant introduced the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 13 AND 35 OF THE ZONING MAP OF THE
CITY uF LIVONJA AND AMENDING ARTICLE 3.00 OF ME ZONING ORDINANCE,
ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING
THERETO SECTIONS 3.268 AND 3.289.
Page 4626
1t{E CITY OF LIVONIA ORDAINS:
Section 1. The reports and recommendations of the City Planning Comma ssion
dated November 1, 1960 on Petition Z-472 and dated November 14, 1960 on Petition Z-476
as amended, having been considered by the Council, the Council hereby adopts said
petitions to amend the Zoning Ordinance and the ZonL.ng Mep of the City of Livonia,
and all proceedings heretofore conducted on said petitions are hereby approved.
Section 2. Article 3.00 of the Boning Ordinance, Ordinance No. 60, as
amended, of the City of Liionia, is hereby amended by adding thereto the following
sections.
Section 3.288. Petition Z-172 submitted by Alton B. King is hereby
granted and the zoning classification of the premises described in said
petition is hereb:v changed from C-1 and R-1-B to PS as requested in said
petition; and the Southeast 1/4 of Section 13 of the Zoning Map is hereby
amended to conform to the change made in this section.
Section 3.289. Petition Z-476, as amended, submitted by James S.
Bonadeo is hereby granted and the zoning classification of the premises
described in said amended petition is hereby changed from R-1-B and R-3
to C-1 as requested in said amended petition; and the Northeast 1/It of
Section 35 of the Zoning Map is hereby amended to conform to the change
made in this section.
Section 3. The attached map designated "Amendeent No. 70 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.
Sectioh 4, All ordinances or parts of ordinances in conflict herewith are
herebt 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 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.
By Councilman Bagnall, seconded by Councilman McCann, it was
#735-60 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer dated December 2, 1960, approved of by the Director of
Public qorks, the Council does hereby amend Item No. 3 of resolution #171-59
adopted on March 16, 1959, as amended by resolution #805-59 adopted on
December 21, 1959, so as to reduce the bond for remaining improvements in
Idyl Kayla Estates Subdivision tc the amount of $21000.00 to cover the cost
of remaining improvements in said subdivision; and the City Clerk and City
Treasurer are hereby authorized to do all things necessary or incidental to
the full performance of this resolution.
Page 14627
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, McCann, Daugherty, Bagnall, Kleinert, Grant and Salvadore.
NAYS: None,
By Councilman Daugherty, seconded by Councilman McCann, it was
#736-60 RESOLVED that, having considered the report and recommendation
of the Chief City En4neer dated December 2, 1960, approved by the Director
of :aublic Worcs, the Council does hereby amend Item No. 3 of resolution
#523-59 adopted on August 2).4, 1959, as amended by resolution #2014-60 adopted
on April 25, 1960, and resolution #5514-6o adopted on September 12, 1960, so
as to reduce the bond for remaining improvements in Idyl Wyld Estates Sub-
division No. 2 to ;',;10„000.00 to cover the cost of remaining improvements in
said subdivision; and the City Clerk and City Treasurer are herein authorized
to do all things necessary or incidental to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, McCann, Daugherty, Bagnall, Klanert, Grant and Salvadore.
NAYS: None.
By Councilman Kleinert., seconded by Councilman McCann, it was
#737-60 RESOLVED that, having considered the report and recommendation of
the Chief City 44-0Ineer dated November 30, 1960, approved of by the Director
of Public works, the Council does hereby amend Item No. 3 of rerolution
#39-59 adopted on January 12, 1959, as amended by resolution #1435-59 adopted
on July 13, 1959, and resolution #3014-60 adopted on May 23, 1960, so as to
reduce the bond for remaining improvements in New Joy Subdivision to $3,200.00
to cover the cost of remaining improvements in said subdivision; and the
liability of the bonding company shall be limited to said amount; and the
City Clerk is herein authorized to do all things necessary or incidental
to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, McCann, Daugherty, Bagnall, Kleinert, Grant and Salvadore.
NAYS: Pone.
By Councilman Kleinert, seconded by Co,inci]man Sasser, it was
#738-60 RESOLVED that, havin considered the report and recommendation of
the Chief City engineel dated December 1, 1960, approved of by the Director
of Public iriorks„ the Council does herein authorize payment to G eneral Piping,
Inc., 16351 Weaver Avenue,Detroit 2e, Michigan, of $2,676.52, which sum
represents the final payment and balance due on a contract by and between
that company and the City of Livonia, dat( d December 16, 1958, for the con-
struction of certain additions to the Livonia Water System (Section VI), it
appearing from the aforementioned report that all work has been satisfactorily
Page 4628
performed and completed in accordance with the rules and regulations of
the City of Livonia, and that the contractor has filed with the City the
required declarations affidavit and surety release; and the Director of
Public dorks„ City Clerk and City Treasurer are herein authorized to do
all things necessary to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, McCann, Daugherty, Bagnall, Kleinert, Grant and Salvadore.
NAYS: None.
By Councilman Grant, seconded by Councilman Sasser, it was
#739-60 RESOLVED that, having- considered the report and recommendation of
the Chief City ..]ngineer dated December 5, 1960, approved of by the Director
of Public Works, the Council does hereby transfer the sum of $900.00 from
the Road Improvements Account of the Budget to the Operations Division
Supplies Account of the Budget for the purpose of covering the cost of
materials for the construction of a temporary walk along the north side
of Curtis Avenue between Melvin Avenue and the east property line of the
Coolidge Elementary School in the Northeast 1/4 of Section 11; and the
Director of Public Works is herein authorized to do all other things
necessary or incidental to the full performance of this resolution.
A roll call vote was taeten on the foregoing resolution with the following result:
AYES: Sasser, McCannsDaugherty, Hagnall„ Kleinert, Crant and Salvadore.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Grant and unamimouskr
adopted, it was
#740...60 RESOLVED that, the communication dated November 30, 1960, from
Willard R. Phipps, President of Hillcrest Gardens Subdivision Civic Associa-
tion, requesting repair and maintenance work on certain streets in that sub-
division, is hereby referred to the Engineering Division of the Department
of Public Works for its full report and recommendation.
By Councilman Grant, seconded by Councilman Kleinert and unanimously
adopted, it was
#741-60 RESOLVED that, the petition received on November 2b, 1960, from
certain commercial occupants of Buckingham Center requesting a crossover
at Schoolcraft and Inkster roads in the City of Livonia, is hereby referred
to the Engineering Division of the Department of Public Works and the
Director of 1-ublic Safety for full report and recommendation.
By Councilman Daugherty, seconded by Councilman Bagnall, it was
#742-60 RESOLVED that, having considered the communication dated November
Page )4629
23, 1960, from the Michigan State Highway Department, the Council does hereby
transfer the sum of ;:)35.00 from Working Capital Funds Account of the Budget
to Municipal Utilities and Supplies Account (Contractual Services) of the
Budget for the purpose of participating in the cost of installing time clock
and flasher mechanism in the traffic signal located at the intersection of
Plymouth Road and Harrison in the City of Livonia; and the Council does
hereby acknowlerlee its agreement to the change suggested by the Michigan
State Highway Department; and the City Clerk is requested to transmit two
certified copies of this resolution to the Michigan State Highway Depart-
ment, l71405 Lahser Road, Detroit 19, Michigan, to the attention of Stanley
D. Lingeman, Assistant Metropolitan District Traffic Engineer.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, McCann, Daugherty, Bagnall, Kleinert, Grant and Salvadore.
NAYS: None.
The letter from the Livonia City-Post regarding the official newspaper
was removed from the agenda to the next study meeting of the Council.
By Councilman 3agnall, seconded by Councilman Daugherty and unanimously
adopted, it was
#7)43-60 RESOLVED that, having considered the communication from the City
Planning Commission dated April 20, 1959, in regard to Petition No. Z-363
submitted by Ben F. and Irene Pollock for chanLre of zoning in the southwest
1/4 of Section 1 from ROB to and having also considered the letter
from the petitioner dated December 10, 1960, in which he indicates no ob-
jection to amending his petition so as to request a PS zoning for the north
60 feet of the subject premises and a C-2 designation for the balance of
the premises, the Council does hereby approve of said Petition No. Z-363,
as amended and set out above; and the Department of Law is instructed to
prepare an ordinance amending Ordinance No. 60 in accordance with this
resolution.
By Councilman Sasser, seconded by Councilman Daugherty and unanimously
adopted, it was
#7144-60 RESOLVED that, having considered the recommendations of the
City Planning Commission dated November 18, 1960, in regard to Petition
No. Z-147/4 initiated by Council resolution #515-60, adopted on August 22,
1960, to determine whether or not Section 5.02 of the Zoning Ordinance
of the City of Livonia should be amended, the Council does hereby concur
with the recommendations of the City Planning Commission and Petition
No. Z-47I4 is hereby approved; and the Department of Law is instructed to
prepare an ordinance amending Ordinance No. 60 in accordance with this
resolution.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
Page 4630
#745-60 RESOLVED that, having considered the report and recommendation
of the City Planning Commission dated December 2, 1960, in regard to
Petition No. Z-480 submitted by Richard T. Gieryn for change of zoning
in the southwest 1/il of Section 3 from RUFA to C-2, the Council does hereby
concur with said recommendation and Petition No. Z4480 is hereby denied for
the following reasons:
1, the subject premises is completely surrounded by a developed
residential area and the commercial zoning requested would not be
in harmony, either with the surrounding area or the comprehensive
zoning plan of the City of Livonia;
2, this request, if granted, would create an island of commercial
zoning in a residential neighborhood and would, in effect, be spot
zoning to the extent that it would be destructive to the purposes
for which the ccmprenensive zoning plan was adopted; and
3. the request, if -ranted, would to a substantial extent reduce
the property values of residences in the immediately surrounding
area and would be likely to interfere with the peaceful use and
enjoyment of adjacent residential properties.
The letter from Benjamin C. 3urdick regardeng the sale of the present
Police Building, was received and placed on file for the information and future
reference of the Council.
By Councilman Daugherty, seconded by. Councilman Bagnall, it was
#746-60 RJSOLVED that, the Council does hereby acknowledge a communica-
tion dated November 29, 1960, containing a tabulation of the votes cast
in a Special Advisory Election on street lighting in Buckingham Village
Subdivisions, signed and certified by the members of the election committee
and umpire, which tabulation indicates an affirmative vote of 164 and a
negative vote of 302; and the Council therefore determines no necessity
for street lighting in the aforementioned subdivisions and hereby rescinds
each and every resolution heretofore adopted in connection with such
special assessment proceedings; and provided further, the Council does
hereby authorize the payment of $25.00 to Mr. William N. Ponder, 11026
Fairfield Avenue, Livonia, Michigan, for his services as umpire as
specified by the Council rules of procedure on Apisory Elections; and
authorizes that such sum shall be paid out of the Contractual Services
Account of the City Council 3udget; and further, the Council takes this
means to express its sincere appreciation to the election committee and
its umpire for a job well done and for assisting the City Codicil in
arriving at a fair and meaningful decision with respect to the proposal
to install street lights in B uchingiam Villaee Subdivision No. 1 and No. 2.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, McCann, Daugherty, Bagnall, Kleinert, Grant and Salvadore.
NAYS: None.
Page 4631
By Councilman Kleinert, seconded. by Councilman Sasser, it was
#747-60 RESOLVED that, Council r s luticn #592-60 adopted on October 3,
1960, as amended by resolution #679-60, adopted on November 14, 1960, is
hereby amended so as to delete the schedule set out therein and to sub-
stitute in lieu thereof the following laneuage:
Operations Division - DPW lot step 2nd step 3rd step
Light Equipment Operator ) hourly hourly hourly
Yard Attendant )
Helper ) a.33 $2.39 $2.44
Tree Trimmer )
Laborer )
City Dunp Attendant )
Watchman ) 2.17 42.22 $2.27
Handyman )
Janitor )
Engineering Division - DPW
Laborer 2.17 42.22 $2.27
Water & Sewer Division - DPW
Repair Mechanic $2.33 $2.39
Meter Reader 2.17 $2.22 42.27
L ani provided further, that the rate schedule -et out immediately above
shall be deemed to have been effective June 1, 1960, notwithstanding
any prior resolutions to the contrary.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, McCann, Daugherty, Bagnall, Kleinert, Grant and Salvadore.
NAYS: None.
By Councilman Grant, seconded by Councilman Daugherty and unanimously
adopted, it was
#748-60 RESOLVED that, the letter from the Parks & Recreation Commission
dated Novemb: r 16, 1960, arproved of by Mayor William W. Brashear, regard-
ing park site priorities is hereby referred to the Capital. Improvements
Committee of the Council; and the Rouge Valley Sewage Disposal System
Contract submitted by the County of Wayne by its Board of Public Works
is hereby referred to the Water and Sewer Committee of the Council and
the Water and Sewer Board; and the communJcation dated November 30, 1960,
from the Civil Service Commession recommendinF salary adjustments for
Civil Service personnel is hereo/ referred to the Finance Committee of
the Council for the respective reports and recommendations of the various
caamittees.
By Councilman Baenall, seconded by Councilman Grant, it was
#749-60 RESOLV1) that, the feasioile ty of the Cit, of Livonia providing
Pace 4632
its own dispos9.1 syste.rn be refe red to the Division of tng:ineering
for report and recommendation.
A roll call vote was taken on tne foreojn6 msolution with the following result:
A [ES: Sasser, McCann, Dawzherty, Bagnall, Grant and Salvadore.
NAYS: Kleinert.
rine Vice President declared the resolution adopted.
The report of the Municipal Court for the month of Novenfo3r, 1960, was
received and placed on file.
Councilman Robert Sasser rt-ad his letter of resignation from the Council,
effective January 1, 1961, which was received and placed on file for the information
of the Council.
On motion of Louncilman Grant, seconded by Councilman Sasser and
unanimously adopted, this 322nd regular meetin: of the Council of the City of
Livonia was duly adjourned at 10:45 P. M., December 12, 1960.
7 .
var.'"- W. Clark, City Clerk
C--/
Pa-e 4632
CERTIFICATION
I, Marie 'n 1. Clark, duly elected and qualified City Clerk of the City of
Livon_a, do hereby certify that each and every action of the City Council as set
forth on pages numbered )4613 through 4631, Journal of Council Proceedings, Vol. 19,
is a true and corr ct transcript of resolutions and ordinances acted upon by the
Council of the City of Livonia on .Llecember 12, 1900, at the 322nd regular meeting.
IN WITNESS WHEREOF, I hereunto affix my signature and the official seal
of the City of Livonia on this//0/ 0 -day of December, A. D.1960.
Marie Clark, City Clerk,City of Livonia
Jayne County, Michigan