HomeMy WebLinkAboutCOUNCIL MINUTES 1960-11-14 Page 4568
MINUTES OF THE THREE HUNDRED TWENTIETH TIETH REGULAR MEMING
OF THE COUNCIL OF THE CITY OF LIVONIA
On November 14, 1960, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President at approximately 8:45 P. M.
Councilman Kleinert delivered the invocation. 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 and unanimously
adopted, it was
#642-60 RESOLVED that, the minutes of the 319th regular meeting of the
Council of the City of Livonia held October 17, 1960, and the 56th special
meeting held October 31, 1960, are hereby approved.
By Councilman Salvadore, seconded by Councilman Grant and unanimously
adopted, it was
#643-60 RESOLVED that, having considered the letter from the Mayor dated
November 9, 1960, the Council does herein approve of the re-appointment of
Robert Angevine, 17438 Sunset, Livonia, Michigan, to the City Planning
Commission for a term of three (3) years, expiring June 10, 1963.
By Councilman Daugherty, seconded by Councilman Salvadore arxi unanimously
adopted, it was
#644-60 RESOLVED that, having considered the letter from the Mayor dated
November 9, 1960, the Council does herein approve of the re-appointment of
Wilfred E. Okerstrom, 15011 Lyons, Livonia, Michigan, to the City Planning
Commission for a term of three (3) years, expiring June 10, 1963.
By Councilman Bagnall, seconded by Councilman McCann and unanimously
adopted, it was
#645-60 RESOLVED that, having considered the letter from the Mayor dated
November 9, 1960, the Council does herein approve of the appointment of
Mr. James A. Cameron, 35278 Richland, Livonia, M.chigan, to the City Plan-
ning Commission to fill the unexpired term of Mr. H. Paul Harsha, which
term shall expire June 9, 1962.
By Councilman Daugherty, seconded by Councilman Bagnall, it was
#646-60 RESOLVED that, the Council proceed to the next order of business.
A roll call vote was taken on the foregoing resolution with the following result:
Page 4569
AYFS: Kleinert, Grant, McCann, Daugherty, Bagnall and Sasser,
NAYS: Salvadore.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Daugherty, it was
#647-60 RESOLVED that, the City Council hereby requests that the Wayne
County Drain Commissioner forego any further action on Livonia Drain No. 2
in order that this Council shall have an opportunity to review such project
in the light of subsequent development on the Shaw Drain, and the City
ierk is requested to send a copy of this resolution to the Drain Com-
missioner.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Salvadore, McCann, Daugherty and Sasser,
NAYS: Kleinert, Grant and Bagnall.
The President declared the resolution adopted.
By Councilman iagnall, seconded by Councilman Grant and unanimously
adopted, it was
#648-60 RESOLVED that, the City Engineer having filed with the City Clerk
a statement dated September 6, 1960, on all matters required by Section 6
of Ordinance No. 31, as amended, and a public hearing having been held
thereon on October 26, 1960, after due notice as required by said Ordinance,
and careful consideraticn having been given to all such matters, the Council
does hereby
(1) accept and approve said statement in all respects;
(2) determine to make the improvement consisting of paving Levan
Road between Plymouth and Schoolcraft Roads in Section 29 of the
City of Livonia and defray tha cost of such improvement by special
assessment upon the property especially benefited in proportion to
the benefits received or to be derived;
(3) approve the plans and specifications of the improvement as set
forth in said statement dated September 6, 1960;
(4) determine that the estimated cost of such improvement is
$96,349.24;
(5) determine that the cost of said improvement shall be paid for
in part by special assessments on the property benefited thereby and
in part by the City at large, in proportions hereafter established;
(6) that the proportion of the cost and expense of said improvement
to be borne and paid by the City shall be $5,000.00 and that the Ford
Page 4570
Motor Company shall pay the sum of ;60000.00 for driveway approaches
and that the balance of the said cost and expense of said public im-
provement amounting to $86,349.241 shall be borne and paid by
special assessments on all lands and premises in the special assess-
ment district as herein established in proportion to the benefits to
be drived therefrom;
(7) determine that assessments made for such improvement may be
paid in ten (10) annual installments together with interest thereon
in the amount of six (6%) percent per annum on unpaid balance;
(8) designate the assessment districts describing the land and
premises upon which special assessments shall be levied, as follows:
Beginning at the south 1/4 corner of Section 29 and proceeding
thence westerly along the south line of Parcel Q to the S. W.
corner of said parcel; thence northerly along the west line of
said l'arcel Q to the south line of the Broadmoor Acres Subdivision;
thence easterly along the south line of Broadmoor Acres Subdivision
to the S. E. corner of Lot 7, Broadmoor Acres Subdivision; thence
northerly along the east line of said lot and across Amrhein Road
along the east line of Lot 7 and the east line of projected Lot 7
to the south line of Parcel M; thence westerly along the south
line of said parcel to the S. W. corner of said Parcel M; thence
northerly along the west line of said parcel to the southerly
line of the C. & 0 RR, rieht-of-way; thence easterly along said
southerly line of said right-of-way to the west 33 foot line of
Levan Road; thence northerly along said west 33 foot line of
Levan Road across the C. & 0 RR. right-of-way to the northerly
line of said right-of-way; thence westerly along said line of
said right-of-way to the S. W. corner of Parcel J1d; thence
northerly along the west lines of Parcels J1c2s Jib, Jlas I1J2,
12J3, 13b, J4b, I4J5„ 15J6, to the N. W. corner of said parcel
I5J6; thence easterly along the north line of said parcel 15J6
to the S. W.corner of parcel I6aJ7c; thence northerly along the
west line of said parcel to the S. W. corner of parcel 17a;
thence easterly along the south line of said parcel 17a to the S.W.
corner of parcel 18; thence northerly along the west line of said
parcel 18 to the south line of Schoolcraft Road; thence easterly
along said south line of Schoolcraft Road across the Levan Road
right-of-way to the N.E. corner of Parcel E; thence southerly
along the east lines of Parcels E and F, to the S.W. corner of
karcel D; thence easterly along the south line of said Parcel D
to the S. E. corner of said Parcel D; thence southerly along the
east lines of Parcels F, G2, G3, GI4s G5, G63 to the northerly
line of the C. & 0. RR. right-of-way; thence westerly along said
northerly line of said right-of-way to the east 33 foot line of
Levan Road; thence southerly along said east 33 foot line of
Levan Road across the C & 0 RR, right-of-way to the southerly
line of said right-of-way; thence easterly along said southerly
line of said right-of-way to the N. E. corner of Parcel Hls R,
Si, T, Ul; thence southerly along the east line of said parcels to
the S. F. corner of said Parcel }a, R. Sl, T. U].; thence westerly
along the south line of said parcel to the point of beginning;
Page 4571
(9) that the City Assessor is hereby directed to prepare a special
assessment roll including all lots and parcels of land within the
above district designated by the Council and to assess to each such
lot or parcel of land, such relative portions of the whole sum to be
levied against all lands in the special assessment district as the
benefits to such lot or parcel of land bears to the total benefits
to all lands in such district, and also to enter upon such roll the
amount which has been assessed to the City at large; all in accordance
with the determination of the City Council;
(10) and that upon the completion of said roll, the City Assessor shall
attach thereto the certificate required by the provisions of Section 11
of Ordinance No. 31, as amended, of the City of Livonia, and file the
same with the City Clerk, who thereupon is directed to present the
same to the City Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Grant, Salvadore, McCann, Da.ugherty, Bagnall and Sasser.
NAYS: None.
An Ordinance Amending Sections 5, 23, 26, 33 and 36 of the Zoning Map of
the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No.
60, as amended, of the City of Livonia, by Adding Thereto Sections 3.283, 3.284,
3.285, 3.286 and 3.287, ihtroduced by Councilman Kleinert on October 17, 1960, was
taken from the table and a roll call vote conducted thereon with the following result:
AYES: laeinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser.
NAYS: None.
The President declarId the Ordinance duly adopted and would become effective on
publication.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was resolved that
#649-60 WHEREAS, it appears that a certain portion of Laurel Street
extending south from Plymouth Road to Pine Tree Street, in the Northwest
1/4 of Section 33 has been used as a road to a width of fifty (50) feet
by the public for upwards of ten (10) years and that the same has re-
ceived some maintenance at public expense by the Township of Livonia
and the City of Livonia; and
WHEREAS' it is provided by M.S.A. 9.21 that "all roads that shall
have been used as such for ten (10) years or more, whether any record or
other proof exists that they were ever established as highways or not . . .
shall be deemed public highways," and it having also been determined by the
Page 4572
Michigan Supreme Court that "a highway by user becomes such to the width
and extent used";
NOW, THEREFORE, BE IT RF,SOLVE1) that, Laurel Street between Plymouth
Road and Pine Tree Street is hereby officially incorporated into the
public street system of the City of Livonia; and the Department of Public
darks is herein authorized to report the same to the State Highway Depart-
ment as a City street in the appropriate category and to perform the usual
work with respect to the care and maintenance thereof; and the City Clerk is
hereby instructed to transmit certified copies of this resolution to the
Wayne County Bureau of Taxation, Board of Mayne County Road Commissioners,
City Treasurer, the Michigan State Highway Department, and to cause a copy
of this resolution to be recorded with the Register of Deeds for the County
of Wayne.
By Councilman Kleinert, seconded by Councilman Salvadore and unanimously
adopted, it was resolved that
#650-60 WHEREAS, it appears that a certain portion of Pine Tree Street
extending west from Stark Road to Wayne Road in the Northwest 1/4 of Section
33 has been used as a road to a width of fifty (50) feet by the public for
upwards of ten (10) years and that the same has received same maintenance
at lArblic expense by the Township of Livonia aid the City of Livonia; and
WEER:AS, it is provided by M.S.A. 9.21 that "all roads that shall
have been used as such for ten (10) years or more, whether any records or
other proof exists that they were ever established as highways or not . •
shall be deemed public highways," and it having also been determined by
the Michigan Supreme Court that "a highway by user becomes such to the
width and extent used";
NOW, THEREFORE, IT RESOLVED that, Pine Tree Street between
Stark Road and Wayne Road is hereby officially incorporated into the public
street system of the City of Livonia; and the Department of Public Works
is herein authorized to report the same to the Michigan State Highway De-
partment as a City street in the appropriate category and to perform the
usual work with respect to the care and maintenance thereof; and the City
Clerk is hereby instructed to transmit certified copies of this resolution
to the Wayne County Bureau of Taxation, Board of Wayne County head Com-
missioners, City Treasurer, the Michigan State Highway Department, and to
cause a copy of this resolution to be recorded with the Register of Deeds
for the County of Wayne.
By Councilman McCann, seconded by Councilman Daugherty, it was
RET,OLVED that, having considered the report from the Citizens
Advisory Committee of the Department of Public Safety, dated October 14,
1960, and the communication from the Director of Public Safety dated
October 1/1, 1960, and having further considered the approval of the
Director of Public Works and the Mayor, relative to employment of an
architect for the proposed Livonia Police Station, the Council does hereby
authorize the Mayor and City Clerk to execute a contract to be submitted
to Swanson Associates, Inc., of Bloomfield Hills, Michigan, which contract
Page 4573
shall employ the architect for the new Police Station prorosed on City
owned property south of Five Mile Road and east of Farmington Road, which
contract shall provide that t he architect shall be entitled to a percentage
fee of %; and the Mayor, City Clerk, Director of Public Safety and
City Attorney are hereby authorized to ao all things necessary to the full
performance of this resolution.
By Councilman Grant, seconded by Councilman Salvadore, it was
#651-60 RESOLVED that, the appointment of an architect in relation to
the new police station and building for the T/Tater and Sewer Division be
tabled to the next meeting of the Council for further consideration.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Grant, Salvadore, McCann, Bagnall and Sasser.
NAYS: Daugherty.
The President declart d the resolution adopted.
By Councilman Salvadore, seconded by Councilman Daugherty, it was
#652-60 RESOLVE) that, having considered the report from the Department
of Law dated October 20, 1960, relative to the Civil Service Commission
office facilities, and the verbal report of the Chairman of the Civil
Service Commission given on November 9, 1960, the Council does hereby
transfer the sum of $100.00 from the Unappropriated Surplus to Account
No. 111-13 for rent due, and the Civil Service Commission is denied
authority to enter into a lease agreement with the landlord.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: laeinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser.
NAYS: None.
By Councilman Daugherty, seconded by Councilman McCann, it was
#653-60 RESOLVED that, the Council does hereby rescind its recommendation
contained in Council resolution #5)47-60„ adopted on September 12, 1960, and
the recommendation of the City Planning Commission dated September 1, 1960,
relative to Petition No. Z-14.68 submitted by Michael J. Caffery for change
of zoning in the Northwest 1/14. of Section 22 from CC to C-2 is hereby ap-
proved and Petition No. Z-468 is hereby denied.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Daugherty and Sasser.
NAYS: Kleinert, Grant and Ba nail.
The President declared the resolution adopted.
Page 4574
By Councilman Daugherty, seconded by Councilman Salvadore, it was
#654-60 RESOLVE) that, the Planning Commission is hereby requested to
hold public hearings for the purpose of anending the Zoning Ordinance to
rezone property surrounding the City Hall to create a reasonable buffer
zone of PS zoning ard to make such further recommendations to the Council
as may be in order for the zoning to surround the present civic center
property of the City.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
RESOLVED that, xiaving considered the offer of Michael J. Caffery,
214712 Carlysle, Dearbornriachigan, for the John Baze property, 33107 Five
Mile Road, and the Frank O'Neill property, 15200 Viestmore, the Council does
hereby go on record as not desiring to purchase this property.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Daugherty and Sasser.
NAY': Grant, Salvadore, McCann and Bagnall.
The President d eclared the resolution denied.
At 9:148 P. M., a recess was called, after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting, excepting Councilman Bagnall, who returned at a later time.
By Councilman Kleinert, seconded by Councilman Grant and unanimously
adopted, it was
#655-()0 R'eSOLVE) that, before determining to install, paving and curbs on
Brookfield between West Chicago and Plymouth Road in Section 34 of the City
of Livonia, the cost of which is to be defrayed by special assessment, the
City engineer is hereby required to ascertain the assessed valuation of all
property affected by the proeosed improvement, the number of parcels which
show 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 re-
compendation as to what proportion of the cost should be paid by special
assessment and what part, if aryl should be a general obligation of the
City, the number of installments in which assessments may be paid and the
Page 4575
lands which should be included in the proposed special assessment district,
pursuant to the provisions of Section 6 of Ordinance No. 31, as amended.
At the request of the Director of Public Works, the Final Estimate, Section I,
1959 Additions to Water System, was removed from the agenda.
By Councilman Daegherty„ seconded by Councilman Salvadore, it was
#656-60 RESOLVED that, having considered the report and recommendation of
the Chief City Engineer dated November 1, 1960, approved by the Director of
Public Works, relative to the final estimate, Section I, 1958 Additions to
the Water System, the Council does hereby authorize the final payment to
George Tripp, Inc., in the amount of $1,000.00, which sum is due the
contractor under the contract, it appearing that all work under the contract
has been completed and final 'Dement is recommended by the Chief City Engineer;
and the City Clerk and City Treasurer are hereby authorized to do all things
necessary to the full performance of this resolution.
Councilman Bagnall returned at 10:12 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleihert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser.
NAYS: None,
By Councilman Bagnall, seconded by Councilman Grant, it was
#657-60 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer, dated November 3, 1960, approved by the Director of
Public Wbrks„ the Council does hereby amend Item No. 3 of Council resolu-
tion #293-57 adopted on April 15, 1957, which was previously amended by
Council resolution #2e1-59 adopted on May 11, 1959, so as to establish a
subdivision bond in the amount of 41,800.00 to cover the cost of remaining
improvements in Spring Valley Subdivision; and the liability of the bonding
company shall be limited to the amount of 4000.00; and the City Clerk is
hereby 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 results
AY : Kleinert, Grant, Salvadore, McCann, Daugherter, Bagnall and Sasser.
NAYS: None.
By Councilman McCann, seconded by Councilman Kleinert, it was
#658-60 RESOLVED that, pursuant to the report and recommendation of the
Chief City 'engineer dated November 3, 1960, approved by the Director of
Public Works, the Council does hereby amend Item No. 3 of Council resolu-
tion #294-57 adopted on April 15, 1957, which was previously amended by
Council resolution #292-59 adopted on May 11, 1959, so as to establish a
subdivision bond in the amount of $1,200.00 to cover the cast of remaining
improvements in Spring Valley Subdivision No. 2; and the liability of the
Page 1i576
bonding company shall be limited to the amount of $1,200.00; and the City
Clerk is hereby authorized to do all things necessary to the full perform-
ance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser.
NAYS: None.
By Councilman McCann, seconded by Councilman Grant, it was
#659-60 RESOLVED that, pursuant to the report and recormrendation of the
Chief City Engineer dated November 3, 1960, approved by the Director of
Public Works, the Council does hereby amend Item No. 3 of Council resolu-
tion #116-59 adopted en February 23, 1959, so as to establish a subdivision
bond in the amount of $4,400.00 to cover the cost of remaining improvements
in Belle Mar Subdivision; and the liability of the bonding company shall be
limited to the amount of $4,400.00; and the City Clerk is hereby 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: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser.
NAYS; None.
By Councilman AcCann, seconded by Councilman Grant and unanimously
adopted, it was
#660-60 RESOLVED that, having considered the request of St. Genevieve
Church, dated October 11, 1960, relative to enclosing the Lyndon Drain
adjacent to church property, the Council does hereby request the City
Engineer to make his report and recommendation back to the Council relative
to the cost of tiling the ditch as requested by the petition.
By Councilman Daugherty, seconded by. Councilman McCann and unanimously
adopted, it was
#661-60 RESOLVED that, having considered the petition of James A. Hurt,
dated October 28, 1960, and in accordance with the provisions of Act 73 of
the Public Acts of 1959, the Council does hereby approve of dividing
Parcel OLAb into two parts as follows: The north 45 feet of the south
175 feet of the west 150 feet of Outlot "A", Bai-Lynn Park Subdivision,
being a subdivision of the Southwest 1/4 of Section 23, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan, as recorded in Liber 84, Page 9
of Plats, Wayne County Records; and the City Clerk is requested to cause
a certified copy of this resolution to be recorded in the office of the
Wayne County Register of Deeds.
By Councilman McCann, seconded by Councilman Grant and unanimously
adopted, it was
Page 4576
#662-60 RESOLVED that, having considered the petition of residents to
amend Section 5.02 (j ) of Ordinance No. 60, the Council does hereby refer
said petition to the Department of Law for its report and recommendation
with respect to the ieasi'uility of enacting the proposed recommendations
into the Zoning Ordinance and, in addition, it is requested that the Depart-
ment of Law submit a report with respect to the applicability of the private
park provisions of the ordinance to recreational activities which could be
expected to be carried on in the City of Livonia.
By Councilman Salvadore, seconded by Councilman .Bagnall, it was
#663-60 RESOLVED that, having considered the request of the Director of
Public Safety dated OctobeL 26, 1960, for a transfer of funds for the repair
and maintenance of police vehicles, the Council does hereby transfer the sum
of $1,500.00 from the Unappropriated Surplus to Police Department Account
No. 126-22 (repairs and maintenance).
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Grant, Salvadore, McCann, Bagnall and Sasser.
NAYS: Daugherty.
The President declared the resolution adopted.
Councilman Daugherty was excused at 10:16 P. M.
By Councilman Salvadore, seconded by Councilman 13agnall, it was
#66!L-60 RESOLD that, having considered the request of the Water and
Sewer Division, dated November 3, 1960, approved by the Director of Public
Works, for the transfer of funds to pay the approved classification of
Junior Teller,the Council does hereby authorized the sum of $100.00 to be
expended front the revenues of the system for this purpose.
A roll call vote was taken on the foregoing resolution with the following results
MES: Kleinert, Grant, Salvadore, McCann, Bagnall and Sasser.
NAYS: None.
By Councilman McCann, seconded by Councilman Bagnall, it was
#665-60 RESOLVED that, having considered the request of the Civil Service
Commission, dated October 26, 1960, for an appropriation to pay the services
of a court reporter, the Council does hereby transfer the sum of $100.00
from the Unappropriated Surplus to Account #111-1 (salaries).
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Grant, Salvadore„ McCann, Bagnall and Sasser.
NAYS: None.
Councilman Daugherty returned at 10:19 P. A.
Page 4577
By Councilman riagnall, seconded by Councilman McCann, it was
#666-60 RESOLVN,fl that, having considered the recommendation of the
Superintendent of Operations Division dated October 6, 1960, relative
to the establishment of a specified flat per diem allowance for use of
private owned vehicles by meter readers, the Council does hereby establish
a car expense allowance of $2.00 per day which shall be paid on a per diem
basis for all days that privately owned vehicles are used by the meter
readers.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser.
NALS: None.
By Councilman Grant, seconded by Councilman McCann and unanimously
adopted, it was
#667-60 RESOLVED that, having considered the report and recommendation
of the City Planning Commission dated November 1, 1960, on Petition No.
Z-1.72 submitted by Alton B. King for change of zoning in the Southeast
1/4 of Section 13 from C-1 and R-1-3 to PS, the Council does hereby concur
with the recommendation of the City P1 nning Commission and Petition No.
Z-472 is hereby approved; and the City Attorney is herein instructed to
prepare an ordinance amending Ordinance No. o0 in accordance with this
resolution.
By Councilman Daugherty, seconded by Councilman Bagnall and unanimously
adopted, it was
#668-60 RESOLVED that, the Council does hereby request the City Planning
Commission to hold public hearings for the purpose of changing Zoning Or-
dinance No. 60 so that written notice shall henceforth be provided to all
abutting or adjoining property owners in all rezoning cases.
By Councilman Grant, seconded by Councilman Salvadore and unanimously
adopted, it was
#669-60 RESOLVE) that, having considered the report and recommendation
of the City Planning Commission dated November 1, 1960, relative to
Petition No. Z-473 submitted by the Planning Commission on its own motion
to amend Section 20.01 of Article 20.00 to exempt churches and charitable
organizations from paying filing fees, the Council does hereby concur with
the recommendation of the Planning Commission and Petition No. Z-473 is
hereby approved; and the City Attorney is herein instructed to prepare an
ordinance amandiri; Ordinance No. 60 in accordance with this resolution.
By Councilman Kleinert, seconded by Councilman Salvadore and unanimously
adopted, it was
Page 4578
#670-60 RESOLVED that, having considered the report and recommendation
of the City Planning Commission dated November 1, 1960, relative to
Petition No. Z-1475 submitted by the Planning Commission on its own motion
to amend Section 17.02 of Article 17.00 of the Zoning Ordinance to exempt
churches and charitable organizations from paying filing fees in relation
to land use petitions, the Council does hereby concur with the recommenda-
tion of the Planning Commission and Petition No, z-475 is hereby approved;
and the City Attorney is herein instructed to prepare an ordinance amending
Ordinance No. 60 in accordance with this resolution.
By Councilman McCann, seconded by Councilman Bagnall and unanimously
adopted, it was
#671-60 RESOLVED that, having considered the report and recommendation of
the City Planning Commission dated October 14, 1960, relative to Petition
No. Z-458 as submitted by the City Planning Commission on its own motion to
amend. Article 11.00 of Ordinance No. 60 (C-2 District Regulations), the
Council does hereby concur with and approve of that portion of the recom-
mendation set forth in ParaLraph L thereof, that is Paragraph L of Section
11.02 of the said petition, and action on the balance of the recommendation
on Petition z-458 is hereby deferr :d and reserved until further considera-
tion by the Council; and the City Attorney is herein instructed to prepare
an ordinance amending Ordinance No. 60 in accordance with this resolution.
By Councilman Daugherty, seconded by Councilman Grant and unanimously
adopted, it was
#672-60 RESOLVED that, Petition No. V-58 submitted by Mr. Servin Flach
to vacate the existing a3ley bounded by Clarita on the north, Pickford on
the south, Westmore on the east and Farmington Road on the west, in Garden
Grove Subdivision located in the Northwest 1/4 of Section 10, is hereby
referred to the City Planning Commission for action and recommendation
according to law and Ordinance No. 29.
By Councilman Bagnall, seconded by Councilman Grant, it was resolved that
#673-60 WH-REAS, it is necessary to locate, establish and construct a
County drain to be located entirely within the limits of the City of
Livonia, enclosed drain toLether with necessary appurtenances, the location
and route of said drain to be as follows:
Beginning in the Bell Creek at the point of beginning
of the established Wolfrom Drain, thence following the
route of the established Wolfram brain approximately
1250 feet to Puritan Avenue extended, thence West along
Puritan Avenue extended to Middlebelt Road, thence south
in Middlebelt Road approximately 1320 feet.
AND WHEREAS, in the opinion of the City Council, the location,
establishing and constructing of said drain is necessary for the public
health of the City of Livonia, which said opinion is concurred in by the
Wayne County Health Department, ard the entire cost thereof should be
assessed a4„ainst the City of Livonia for public health, the State of
'iichigan for drainage of State highways, and the County of Wayne for the
Page 4579
drainage of County hiphways;
AND WHEREAS, Chapter 20 of Act 40 of the Public Acts of Michigan,
1956, as amended (the Drain Code of 1956) provides a feasible rethod of
financing the cost of said drain where the same is necessary for the public
health of the City, and where the entire cost of the drain is to be assessed
wholly against public corporati ons, as defined in said Chapter 20;
AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan,
1956, as amended, provides as follows:
Sec. 486. The terms of this chapter shall be
applicable to any county drain located, or proposed
to be located, entirely within the limits of a single
city, village or township, if such public corporation
shall consent thereto by resolution adopted by its
governing body. In such case any petition required
to be filed hereunder shall be sufficient if signed by
such public corporation only.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council, for and on behalf of the City of
Livonia,+ does hereby consent to the making of the provisions of Chapter 20,
of Act ).0, Public Acts of Michigan, 1956, as amended, applicable to the
location, establishing and constructing of the drain set forth in the pre-
amble hereof, and does hereby consent to the location, establishing and
constructing of said drain pursuant to said Chapter 20 of Act 40, Public
Acts of Michigan, 1956, as amended.
2. The proposed drain set forth in the preamble hereof
being necessary for the public health of the City of Livonia, the Mayor
and the City Clerk are hereby authorized and directed to sign for and on
behalf of the City of Livonia a petition praying for the location, establish-
ing and constructing of the Drain set forth in the preamble hereof, pursuant
to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which
said petition, when signed, shall be filed with the County Drain Commissioner
of the County of Wayne, Michigan, together with a certified copy of this
resolution.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Kleinert, Grant, Salvadore, McCann. Daugherty, Bagnall and Sasser.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Bagnall, it was resolved that
#67)4-60 WHEREAS, it is necessary to locate, establish and construct a
County drain to be located entirely within the limits of the City of Livonia,
enclosed drain together with necessary appurtenances, the location and route
of said drain to be as follows:
Beginning in the Bell Creek at Henry Ruff Road,
thence South in Henry Ruff Road to Rayburn Avenue.
Page 4580
AND WHEREAS, in the opinion of the City Council, the location,
establishing and constructing of said drain is necessary for the public
health of the City of Livohia, which said opinion is concurred in by the
Wayne County Health Department, and the entire cost thereof should be
assessed agsinst the City of Livonia for public health, the State of Michigan
for drainage of State highways, and the County of Wayne for the drainage
of County highways;
AND Wh:REAS, Chapter 20 of Act L10 of the Public Acts of Michigan,
1956, as amended (the Drain Code of 1956) provides a feasible method of
financing the cost of said drain where the same is necessary for the public
health of the City, and where the entire cost of the drain is to be assessed
wholly against public corporations, as defined in said Chapter 20;
AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan,
1956, as amended, provides as follows:
Sec. 186. The terms of this chapter shall be
applicable to any county drain located, or proposed to
be located, entirely within the limits of a single
city, village or township, if such public corporation
shall consent thereto by resolution adopted by its
L,overning body. In such case any petition required
to be filed hereunder shall be sufficient if signed
by such public corporation only.
NOW, THERLFORE, B IT RESOLVED THAT:
1. The City Council, for and on behalf of the City of
Livonia, does hereby consent to the making of the provisions of Chapter 20,
of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the
location, establishing and constructing of the drain set forth in the pre-
amble hereof, and does hereby consent to the location, establishing and
constructing of said drain pursuant to said Chapter 20 of Act 40, Public
Acts of Michigan, 1956, as amended.
2. The proposed drain set forth in the preamble hereof
being necessary for the public health of the City of Livonia, the Mayor and
the City Clerk are hereby authorized and directed to sign for and on behalf
of the City of Livonia a petition praying for the location, establishing
and constructing of the Drain set forth in the preamble hereof, pursuant to
Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, which said
petition, when signed, shall be filed with the County Drain Commissioner of
the County of Wayne, Michigan, together with a certified copy of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser.
NAYS: None.
By Councilman Grant, seconded by Councilman Salvadore, it was resolved that
#675-60 WHEREAS, it is necessary to locate, establish and construct a
Page 4581
County drain to be located entirely within the limits of the City of Livonia,
the location and route of said drain being as follows:
An enclosed drain, together with necessary appurtenances;
the location and route of said drain to be as follows:
Beginning in the Bell Creek et Hubbard Road, thence
South in Hubbard Road to the Bell Drain approximately
1840 feet South of Five Mile Road.
AND WHEREAS, in the opinion of the City Council, the location,
establishing and constructing of said drain is necessary for the public
health of the City of Livonia, which said opinion is concurred in by the
Wayne County Health Department, and the entire cost thereof should be
assessed against the City of Livonia for public health, the State of Michigan
for drainage of State highways, and the County of Wayne for the drainage of
County highways;
AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956,
as amended, (the Drain Code of 1_56) provides a feasible method of financing
the cost of said drain where the same is necessary for the public health
of the City, and where the entire cost of the drain is to be assessed
wholly against public corporations, as defined in said Chapter 20;
AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan,
1956, as mended, provides as follows:
Sec. 486. The terms of this chapter shall be applicable
to any county drain located, or proposed to be located,
entirely within the limits of a single city, village or
township, if such public corporation shall consent thereto
by resolution adopted by its governing body. In such case
any petition required to be filed hereunder shall be
sufficient if signed by such public corporation only.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council, for and on behalf of the City of
Livonia does hereby consent to the making of the provisions of Chapter 20,
of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the
location, establishing and constructing of the drain set forth in the pre-
amble hereof, and does hereby consent to the location, establishing and
constructing of said drain pursuant to said Chapter 20 of Act 40, Public
Acts of Michigan, 1956, as amended.
2. The proposed drain set forth in the preamble hereof
being necessary for the public health of the City of Livonia, the Mayor
and the City Clerk are hereby authorized and directed to sign for and on
behalf of the City of Livonia a petition praying for the location, establish-
ing and constructing of the drain set forth in the preamble hereof, pursuant
to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which
said petition when signed, shall be filed with the County Drain Commissioner
of the County of Wayne, Michigan, together with a certified copy of this
resolution.
Page )4582
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser.
NMS: None.
By Councilman Daugherty, seconded by Councilman Bagnall, it was resolved
that
#676-60 WHEREAS, it is necessary to locate, establish and construct a
County drain to be located entirely within the limits of the City of Livonia,
the location and route of said drain being as follows:
Enclosed drain, together with necessary appurtenances,
the location and route of said drain to be as follows:
Beginning in the Rouge Aver at Clarita Avenue, thence
west in Clarita Avenue to Lathers Avenue, thence north
in Lathers Avenue to Seven Mile Road.
AND WHEREAS, in the opinion of the City Council, the location,
establishirg and constructing of said drain is necessary for the public
health of the City of Livonia, which said opinion is concurred in by the
Wayne County Health Department, and the entire cost thereof should be
assessed against the City of Livonia for public health, the State of Michigan
for drainage of State highways, and the County of Wayne for the drainage of
County highways;
AND WHERLAS, Chapter 20 of Act 40, Public Acts of ilichigan, 1956,
as amended (the Drain Code of 1956) provides a feasible methof financing
the cost oi said drain where the same is necessary for the public health of
the City, and wher the entire cost of the drain is to be assessed wholly
against public corporations, as defined in said Chapter 20;
AND WJEREAS, Section 486 of the said Act 40, Public Acts of
Michigan, 1956, as amended,provides as follows:
Sec. 486. The terms of this chapter shall be
apilicable to any county drain located, or proposed
to be located, entirely within the limits of a single
city, village or township, if such public corporation
shall consent thereto by resolution adopted by its
-,overning body. In such case any petition required
to be filed hereunder shall be sufficient if signed
by such public corporation only.
NOW, TBEREFOR.E, Bi!, IT Re;SOLVt]D THAT:
1. The City Council, for and on behalf of the City of
Livonia, does hereby consent to the making of the provisions of Chapter 20,
of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the
location, establishing and constructing of the drain set forth in tt-e pre-
amble hereof, and does hereby consent to the location, establishing and
constructing off said d rain pursuant to said Chapter 20 of Act 40, Public
Acts of Michigan, 1956, as amended.
Page 14583
2. The proposed drain set forth in the preamble hereof
being necessary for the public health of the City of Livonia, the Mayor
and the City Clerk are hereby authorized and directed to sign for and on
behalf of the City of Livonia a petition praying for the locations establish-
ing and constructing of the drain set forth in the preamble hereof, pursuant
to Chapter 20, of Act /40, Public Acts of Michigan, 1956, as amended, which
said petition, when signed, shall be filed with the County Drain Commissioner
of the County of Wayne, Michigan, together with a certified copy of this
resolution.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser.
NAYS: None.
By Councilman Grant, seconded by Councilman Salvadore, it was resolved that
#677-60 ?WHEREAS, it is necessary to locate, establish and construct a
County drain to be located entirely within the limits of the City of Livonia,
the location and route of said drain bein as follows:
enclosed drain, together with necessary appurtenances;
the location and route of said drain to be as follows:
Bej_nning in the established North Branch of the Bell
Creek at the west line of Lot 1/i)! of the Thomas F.
O'uonnor's Park View Acres Subdivision, thence northerly
adjacent to said lot line to Lathers Drive, thence
northwesterly in Lathers Drive to Floral Avenue, thence
northeasterly and north in Floral Avenue to Curtis
Avenue, thence east in Curtis Avenue to Floral Avenue,
thence north in Floral Avenue to Pickford Avenue, thence
West in Pickford Avonue approcLmately 200 feet to the
existing drain.
AND WHERLAS, in the opinion of the City Council, the location,
establishing and constructing of said drain i s necessary for the public
health of the City of Livonia, which said opinion is concurred in by the
Wayne County Health Department, and the entire c ost thereof should be
assessed against the City of Livonia for public health, the State of Michigan
for drainage of State highways, and the County of Wayne for the drainage
of County highways;
AND WHEREAS, Chapter 20 of Act 140, Public Acts of Michigan, 1956,
as amended (the Drain Code of 1956) provides a i easible rrethod of financing
the cost of said drain where the same is necessary for the public health
of the City„ and where the entire cost of the drain is to b e assessed
wholly against public corporations, as defined in said Chapter 20;
AND 'v.THEREASI Section 1486 of the said Act 140, Public Acts of
Michigan, 1955, as amended, provides as follows:
Sec. 486, The terms of this chapter shall be
applicable to any county drain located, or proposed
Par'e 4584
to be located, entirely within the limits of a single
city, villaor township, if such public corporation
shall consent thereto by resolution adopted by its
governing body. In such case any petition required
to be filed hereunder shall be sufficient if signed
by such public corporation only.
NOW, THEDEFORE, BE IT RESOLVO THAT:
1. The City Council, for and on behalf of the City of
Liven a, does hereby consent to the making of the provisions of Chapter 20,
of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the
location, establishing and constructing of the drain set forth in the pre-
amble hereof, and does hereby consent to the location, establishing and
constructing of said drain pursuant to said Chapter 20 of Act 40, Public
Acts of Michigai, 1956, as amended.
2. The proposed drain set forth in the preamble hereof
being necessary for the public health of the City of Livonia, the Mayor
and the City Clerk ar, hereby authorized and directed to sign for and on
behalf of the City of Livonia a petition praying for the location, establish-
ing and constructing of the drain set forth in the preamble hereof, pursuant
to Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, which
said petition, when signed, shall be filed with the County Drain Commissiorer
of the County of Wayne, Michi gan, together with a certified copy of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser.
NAYS: None.
By Councilman Bagnall„ seconded by Councilman Grant, it was resolved that
#678-60 WHEREAS, it is necessary that a portion of the Beitz Drain, a
County drain located in the City of Livonia, County of viayne, be cleaned
out, relocated, widened, deepened, straightened, tiled, or otherwise im-
proved, the location and route thereof to be as follows:
Beginning in the es,abLished Beitz Drain at Curtis Avenue
thence an open drain following the route of the established
Jeitz Drain to i"ilmore Avenue extended, thence an enclosed
drain north in Filmore Avenue extended and Filinore Avenue
to the established Beitz Drain, thence an open drain following
the route of the established Beitz Drain westerly approximately
12140 feet to the east line of the Heiman Park Subdivision,
thence an enclosed drain following the route of the established
Seitz Drain westerl,;, approximately 580 feet to the west line
of the Heiman Park Subdivision, thence an open drain following
the route of the established Beitz Drain to Seven Mile Road,
AND WHEBthS, in the opinion of the City Council, the cleaning
out, relocating, widening, deepening, straightening, tiling and other-
wise improving said portion of said drain is necessary for the public health
Page 14565
of the City of Livonia, which said opinion is concurred in by the Wayne
County Health Department, and the entire cost thereof should be assessed
against the City of Livonia for public health, the State of Michigan for
drainage of State highways, and the County of Wayne for the drainage of
County hi ghways;
Alq) WHEREAS, Chapter 20 of Act )40, Public Acts of Michigan, 1956,
as amended (the Drain Code of 1_956) provides a feasible method of financing
the cost of said project where the same is necessary for the public health
of the City, and where the entire cost is to be assessed wholly against
public corporations, as defined in said Chapter 20;
AND l-LAS, Section 1486 of said Act 140, Public Acts of Michigan,
1956, as amended, provides as follows:
Sec. 14b6. The terms of this chapter shall be applicable
to any county drain located, or proposed to be located,
entirely within the limits of a single city, village or
township, if such public corporation shall consent thereto
by re-olution adopted by its governing body. In such case
any petition required to be filed hereunder shall be
sufficient if signed by such public corporation only.
NOW, ThEitide01 , :311, IT 1-ESOLVAD THAT:
1. The City Council, for and on behalf of the City of Livonia,
does hereby consent to the makine of the provisions of Chapter 20, of Act 140,
Public Acts of Michigan, 1956,es amended, applicable to the cleaning out,
relocating, widen_ ng, de( pening, straightening, tiling and otherwise improving
the portion of the Beitz drain as set forth in the preamble hereof, and does
hereby consent to the makin', of said improvement to a portion of said Beitz
draLn pursuant to said Chapter 20 of Act 140, Public Acts of Michigan, 1956,
as amended.
2. The proposed improvements to a portion of the Beitz
drain as set forth in the preamble hereof being necessary for the ptiolic
health of the City of Livonia, the Mayor and the City Clerk are hereby
authorized and directed to sign for and on behalf of the City of Livonia a
petition praying for the cleaning out, relocating, widening, deepening,
straightening, tiling and otherwise improving of a portion of the Beitz
drain as set forth in the preamble hereof, pursuant, to Chapter 20 of Act 140,
Public Acts of Michiean, 1956, as amended, which said petition, when signed,
shall be filed with the County Drain Commissioner of the County of Wayne,
Michigan, to,rether with a certified copy of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: iaeinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser.
NAYS: None.
By Councilman Kleinert, seconded by Counci:man Salvadore and unanimously
adopted, it was
Pace 14586
#679-60 RESOLVED that, the Council does hereby amend Council resolution
#592-60, which was adopted at the regular meeting held October 3, 1960, by
deleting the language contained therein which requests the Civil Service
Commission to concur in the recommendation of the Council, and all other
matters contained in Council resolution #592-60 shall remain in full force
and effect.
By Councilman alvadore, seconded by Councilman Daugherty, it was
#680-60 RISOLVED that, having considered the letter from the Mayor dated
November 9, 1960, the Council does not concur in the re-appointment of alai=
R. Robinson, 35501 Parkdale, Livonia, Michiga.n, to the City Planning Com-
mission for a term of three (3) years expiring June 10, 1963.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser.
NAYS: Kleinert.
The President declared the resolution adonted.
On motion of Councilman Kleinert, seconded by Councilman Bagnall and
unanimously adopted, this 320th regular meeting of the Council of the City of Livonia
was adjourned to Monday, November 21, 1960, at 9:00 o'clock P. M., the time of this
adjournment being 10:40 P. M., Novenber 14, 1960.
Mar" - W. Clark, City Clerk
(/ I