HomeMy WebLinkAboutCOUNCIL MINUTES 1959-01-26 Page 3768
MINUTES OF THE TAO HUNDRED SIXTY-NINTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On January 26s 1959, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President at approximately 8:32
P. M. Councilman Salvadore delivered the invocation. Fbll was called with the
following result: Present-- Austin T. Grant, Frank O'Neill, Rudolf R. Kleinert,
Robert Sasser and Jack Salvadore. Absent-- Sydney B. Bagnall and *James R. McCann.
By Councilman Sasser, seconded by Councilman Salvadore and unanimously
adopted, it was
#50-59 RESOLVED that, the minutes of the 268th regular meeting of the
Council of the City of Livonia held January 12, 1959, are hereby approved.
Marie W. Clark, City Clerk, presented to the Council a veto message from
the Mayor on Ordinance No. 232, which was received for consideration at a later
time in this meeting.
*Councilman James R. McCann arrived at 8:36 P. M.
The City Clerk read a letter from the Police Department regarding trans-
fer of Class C license of Sam Zehra.
By Councilman Salvadore, seconded by Councilman O'Neill and unanimously
adopted, it was
#51-59 RESOLVED that, having considered the recommendation of the
Livonia Police Department dated January 26, 1959, and the letter from
the Michigan Liquor Control Commission dated January 19, 1959, the
Council does hereby approve the request of SDLP Inc., to transfer owner-
ship of 1958 Class C license with Dance and Entertainment from Sam Zehra,
located at 22880 Plymouth Road, Livonia, Michigan; and that such approval
is based upon the clearance of said applicants through the Federal Bureau
of Investigation and the Michigan State Police.
Marie W. Clark, City Clerk, presented an application for new SDM license
and read letter of recommendation from the Police Department.
By Councilman Kleinert, seconded by Councilman Sasser and unanimously
adopted, it was
#52-59 RESOLVED that, having considered the recommendation of the
Page 3769
Livonia Police Department dated January 23, 1959, and the letter from
the Michigan Liquor Control Commission dated Decenber 15, 1958, the
Council does hereby approve the request of Howard J. Ehrlichman for new
SDN license to be located at 271t16 West Six Mile Road, Livonia, Michigan.
The City Clerk presented a request from the Department of Public Works
for additional appropriation for snow removal materials.
By Councilman Sasser, seconded by Councilman Salvadore, it was
#53-59 RESOLVED that, having considered the request from the Operations
Division of the Department of Public Works dated January 26, 1959, the
Council does hereby appropriate the sum of $2,500.00 for snow removal
materials to DPW-58 Budget Account.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann and Grant.
NAYS: O'Neill and Kleinert.
The President declared the resolution adopted.
Councilman Salvadore was excused at 8:50 P. M.
By Councilman Kleinert, seconded by Councilman McCann, it was
#54-59 RESOLVED that, having considered the proposed agreement as sub-
mitted by and between the Chesapeake and Ohio Railway Company, a Virginia
corporation, and the City of Livonia, Wayne County, Michigan, whereby the
Chesapeake and Ohio Railway Company grants to the City of Livonia an ease-
ment and right-of-way to install and maintain a certain water main under-
neath said company's tracks at a point designated in such instrument as
Station 818 plus 05, approximately fifty-six (56) feet west of the center
line of Farmington Road in the City of Livonia, Michigan, and the Council
understanding the conditions of such grant of easement, which conditions are
set forth in said instrument, does hereby approve the acceptance of such
easement and right-ofwway and does herein authorize the Mayor and City
Clerk to affix their signatures to said grant of easement and right-of-way
for and on behalf of the City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, McCann, O'Neill, Kleinert and Grant.
NAYS: None.
Councilman Salvadore returned at 8:55 P. M.
By Councilman Sasser, seconded by Councilman McCann and unanimously
adopted, it was
Page 3770
#55-59 RESOLVED that, Council resolution #31-59 and Council resolution
#32-59, both of which resolutions were adopted at a meeting of the Council
held on January 12, 1959, are hereby rescinded.
By Councilman Sasser, seconded by Councilman Salvadore, it was resolved
that
#56-59 WHEREAS, there have been filed with this municipality certain
plans for the improvement of commencing on M-14 approximately 53' East
of the intersection with Ann Arbor Trail, thence Westerly on M-]4 to
approximately 530' West of the intersection with Ann Arbor Trail, as
prepared by the State Highway Department, and the same have been duly
examined;
NOW, THEREFORE, BE IT RESOLVED that, the consent of this munici-
pality to the designation, operation and maintenance of Highway M-14 as a
State trunkline is hereby given; and that such plans be, and they are,
hereby approved; and this municipality promises and undertakes as follows:
That it will cause all water lines, sanitary and storm sewers,
house connections; gas mains, electrical conduits, and other
underground work, both public and private, within the limits
of the construction area throughout the length of said improve-
ment, to be inspected and repaired, and, where necessary, to be
put into first-class condition forthwith, and will cause all
additional and new underground work within aforesaid area
(except such as provided for on the plans) to be properly in-
stalled before the contractor starts work. All backfilling of
trenches, abandoned structures, and other underground work within
the limits of the proposed construction area shall be done with
bank run sand, gravel, or coarse aggregate placed in horizontal
layers not to exceed 12 inches in depth, and thoroughly compacted
by tamping, flooding, or other effective means which will pro-
duce maximum compaction;
That the Department shall be reimbursed for all future repairs
to the pavement included in this project, made necessary on
account of faulty material or workmanship in such underground
work by this municipality, on bill rendered by the Department
when such repairs are completed.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Kleinert and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Sasser, it was resolved
that
#57-59 WHEREAS' there have been filed with this municipality certain
plans for the improvement of commencing on M-]J.4 (Plymouth Road) from a
point 300' East of center of Middlebelt Road and terminating at a point
2020' West of the centerline of Middlebelt Road in the City of Livonia,
as prepared by the State Highway Department, and the same have been duly
examined;
Page 3771
NOW, THEREFORE, BE IT RESOLVED that, the consent of this munici-
L pality to the designation, operation aid maintenance of Highway M-14 as a
State trunkline is hereby given; and that such plans be, and they are,
hereby approved; and this municipality promises and undertakes as follows:
That it will cause all water lines, sanitary and storm sewers,
house connections; gas mains, electrical conduits, and other
underground work, both public and private, within the limits
of the construction area throughout the length of said improve-
ment, to be inspected and repaired, and, where necessary, to be
put into first-class condition forthwith, and will cause all ad-
ditional and new underground work within aforesaid area (except
such as provided for on the plans) to be properly installed before
the contractor starts work. All backfilling of trenches, abandoned
structures, and other underground work within the limits of the
proposed construction area shall be done with bank run sand, gravel,
or coarse aggregate placed in horizontal layers not to exceed 12
inches in depth, and thoroughly compacted by tamping, flooding,
or other effective means which will produce maximum compaction;
That the Department shall be reimbursed for all future repairs
to the pavement included in this project, made necessary on
account of faulty material or workmanship in such underground
work by this municipality, on bill rendered by the Department
when such repairs are completed.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Kleinert and Grant.
NAYS: None.
By Councilman McCann, seconded by Councilman Kleinert, it was
#58-59 RESOLVED that, pursuant to the request of Senior Citizens Com-
mittee by Jack Salvadore, a member thereof, the Council does hereby trans-
fer from the Unappropriated Surplus to Legislative Account No. L-55
(Special Adult Activities) the sum of $200.00 to be used to commence and
to carry on the work of this committee.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Kleinert and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
#59-59 RESOLVED that, having considered the request of the Director of
Public Works dated January 14, 1959, and pursuant to the recommendation
of the Finance Committee, the Council does hereby approve for payment and
authorize adding to the contract dated December 26, 1957, by and between the
City of Livonia and Smith & Young Company, (addition to the Department of
Public Works Garage), the sum of $160.00, which sum is being added to the
Page 3772
contract to cover the cost of installing a fire door and frame, such ad-
ditional installation having been requested by the Bureau of Inspection.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Kleinert and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Sasser, it was
#60-59 RESOLVED that, having considered the request of the Director of
Public Works dated December 22, 1958, and pursuant to the recommendation of
the Finance Committee, the Council does hereby approve for payment the sum
of $130.81 for additional architectural services rendered by the firm of
Yamasaki, Leinw®ber & Associates in conne ction with the construction of an
addition to the Department of Public Works garage, such services having been
engaged on a cost-plus basis, and the City Clerk and the 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 results
AYES: Sasser, Salvadore, McCann, O'Neill, Kleinert and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman McCann and unanimously
adopted, it was
#61-59 RESOLVED that, the written offer of settlement, dated December 18,
1958, having been offered the City in regard to the law suit of Donald
Wilson vs City of Livonia, et al, the Council does hereby request the De-
partment of Law for its written opinion and recommendation in regard to
same before acting on such proposed settlement.
By Councilman McCann, seconded by Councilman Salvadore, it was
#62-59 RESOLVED that, having considered the request from the Director
of Public Safety dat3d January 7, 1959, the Council does hereby advance
from the General Fund the sum of $100.00 to be used for the purpose of
engaging the services of a professional appraiser to appraise the proposed
fire station site in the Southwest 1/4 of Section 25; provided, however, that
such sum shall be returned to the General Fund from the proceeds of the
proposed fire station bond as soon as is possible.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Sasser, Salvadore, McCann, O'Neill, Kleinert and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman O'Neill and unanimously
Page 3773
adopted, it was
#63-59 RESOLVED that, consideration of Petition No. Z-336 of Leo Stein
for change of zoning in the Northwest 1/4 of Section 11 from RUFB to PS
be tabled to the next regular meeting of the Council.
By Councilman Kleinert, seconded by Councilman Sasser and unatimouely
adopted, it was
#614-59 RESOLVED that, having considered the request of Builders Associa-
tion of Metropolitan-Detroit, dated December 12, 1958, in connection with
home being built in Burton Hollow Subdivision for one W. Nick Kobane, the
Department of Public Works is hereby requested to submit to the Council a
report listing all fees, charges and other levies that must be paid to the
City of Livonia during and after the completion of such home.
By Councilman Sasser, seconded by Councilman Salvadore and unanimously
adopted, it was
#65-59 RESOLVED that, the Council of the City of Livonia does hereby
designate John E. Hiltz as the official engineer to act for and on behalf
of the City of Livonia in the approval of plans and specifications for water
and sewerage facilities and the submission thereof in proper form to the
Board of Wayne County Road Commissioners and the Michigan Department of
Health for their approval; further, that this designation shall be and
remain effective until otherwise altered by resolution of the Council,
and that all previous resolutions in conflict herewith are hereby rescinded.
By Councilman Kleinert, seconded by C ouncilman Sasser, it was
#66-59 RESOLVED that, having considered the report of the Chief City
Engineer dated January 15, 1959, regarding additional work to be performed
in connection with Section 1 of the present Water Main Extension Project,
the Council does hereby authorize and add the sum of $7,100.00 to the
contract dated December 12, 1958 by and between the City of Livonia and
George Tripp, Inc.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, Mann, O'Neill, Kleinert and Grant.
NAYS: None.
By Councilman Salvadore„ seconded by Councilman McCann and unanimously
adopted, it was
#67-59 RESOLVED that, the Council having received a notice of claim
from Ws. Melina Bullis dated December 17, 1958, and before considering
same, does hereby refer such matter to the Department of Law for its
opihion and recommendation, and with the further request that a hearing
on such claim be arranged before the Council if said department determines
that such is necessary and proper.
Page 3774
By Councilman McCann, seconded by Councilman O'Neill, it was
#68-59 RESOLVED that, consideration of the Sewer Extension at Six
Mile and Farmington Roads be tabled to the next regular meeting of the
Council in order to allow time for further discussion of this matter.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Kleinert and Grant.
NAYS: Sasser and Salvadore.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Sasser, it was
#69-59 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer dated January 19, 1959, the Council does hereby re-
lease to Preston Builders, Inc., 15767 Wyoming, Detroit 38, Michigan, the
subdivision improvement bond in the amount of $92,000.00, deposited with
the City in connection with Joy Ann Subdivision located in the Southeast
1/4 of Section 32, it appearing that a satisfactory maintenance bond has
been deposited with the City; and the City Clerk is 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, Salvadore, McCann, O'Neill, Kleinert and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman McCann, it was
170-59 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer dated January 19, 1959, the Council does hereby re-
lease to the Trojan Building Company, 19985 Whitcomb Avenue, Detroit 35,
Michigan, the subdivision improvement bond in the amount of $2,000.000
deposited with the City in connection with Trojan Subdivision, located
in the Southwest 1/4 of Section 13; and the City Clerk is 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, Salvadore, McCann, O'Neill, Kleinert and Grant.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Kleinert, it was
#71-59 RESOLVED that, Carey Homes, Inc., 10404 Fenkell Avenue, Detroit
38, Michigan, as proprietors, having requested the City Council to approve
the proposed plat of the following Subdivision: Lillian Hocking Subdivision
located on the Southeast corner of Middlebelt and Bretton Roads in the
Southwest 1/4 of Section 1, City of Livonia; and it appearing that tentative
Page 3775
approval of said proposed plat was given by the City Planning Commission
under date of November 11, 1958; and it further appearing that said pro-
posed plat, together with the plans and specifications for improvements
therein, has been approved by the Department of Public Works under date
of January 16, 1959; the City Council does hereby approve said proposed
plat on the following conditions:
(1) All of such improvements shall be installed in conformance
with the Plat Ordinance (No. 135) as amended, of the City of
Livonia, and the rules and regulati ons of the Department of
Public Works, within a period of two (2) years from the date
of this resolution;
(2) That the installation of such improvements shall be super-
vised aid inspected by the Department of Public Works and such
improvements shall not be considered as having been satisfactorily
installed until there is filed with the Council a Certificate as
provided in Section 14 of said Ordinance No. 135, as amended;
(3) That the City Clerk is not authorized to affix her signature
to said Plat until either said improvements have been satisfactorily
iinstalled or, in lieu thereof, there is filed with her by said
proprietors a bond to the City of Livonia, in such form as may
be approved by the City Attorney, and in the fallowing amount:
- - - - Two Thousand Dollars ($2,000.00)
and until all inspection fees and other charges due to the City
of Livonia have been fully paid;
(4) On full compliance with the above conditions and with the
provisions of said Plat Ordinance, as amended, the City Clerk
is hereby authorized to affix her signature to said Plat as
evidence of this approval.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Kleinert and Grant.
NAYS: None.
Councilman Kleinert introduced the following Ordinance:
NO.
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission
dated November 4, 1958, on Petition No. V-36, for the vacating of an alley, is hereby
accepted and adopted and the Council does hereby approve all proceedings on said petition
it appearing that a public hearing thereon was duly held on October 21, 1958, as pro-
vided by law, and that proper notices of such hearing were given.
Page 3776
Section 2. Pursuant to Ordinance No. 29 of the City of Livonia entitled
"An Ordinance Iroviding the Procedure for Vacating of Streets, Alleys and Public
Ground," as amended by Ordinance No. 50, the following portions of a certain alley
are hereby vacated:
(a) That portion of an alley described in Petition No. V-36
being more particularly described as the alley located at the rear of
Lots No. 40 through No, 53, inclusive, and adjoining Lots No. 157 and
No. 158, northwest of Curtis Avenue and Floral Avenue, located in Sunning-
dale Park Subdivision, situated in the Northeast 1/4 of Section 12, T. 1 S.,
R. 9 E., City of Livonia, Michigan; provided, however, that there be and
hereby is reserved a twenty (20) foot easement for the full width of the
alley for public utilities and surface drainage.
Section 3. 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 4. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of any of the
remaining portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
Councilman Sasser introduced the following Ordinance:
NO.
AN ORDINANCE AMENDING SECTIONS 2, 12, 14 AND 30 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 3.186, 3.187, 3.188 AND 3.189.
THE CITY OF LIVONIA ORDAINS:
Section 1. The reports and recommendations of the City Planning Commission
dated October 27, 1958 on Petition No. Z-297 as amended, and dated November 4, 1958
on Petitions No. Z-310, No. Z-313 as amended, and No, Z-314 as amended, having been
considered by the Council, the Council hereby adopts said petitions to amend the
Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings here-
tofore conducted on said petitions are hereby approved.
Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as
amended, of the City of Livonia, is hereby amended by adding thereto the following
sections:
Section 3.186. Petition No. Z-297, as amended, of Kirk Land
Company is hereby granted and the zoning classification of the premises
described in said amended petition is hereby changed from RUFB to M-1
Page 3777
as requested in said amended petition and the Southwest 1/4 of Section
30 of the Zoning Map is hereby amended to conform to the change made in
this section.
Section 3.187. Petition No. Z-310 as submitted by Joseph aid
Henrietta Armstrong is hereby granted and the zoning classificati on of
the premises described in said petition is hereby changed from RUFB to
R-1-A as requested in said petition and the Northeast 1/4 of Section 2
of the Zoning Map is hereby anended to conform to the change made in this
section.
Section 3.188. Petition No. Z-313, as amended, submitted by
William J. and Kuby M. Smith is hereby granted and the zoning classifica-
tion of the premises described in said amended petition is hereby changed
from RUFB to R-1-A as requested in said amended petition and the North-
west 1/4 of Section 12 of the Zoning Map is hereby amended to conform to
the change made in this section.
Section 3.189. Petition No. Z-314, as amended, submitted by
Merlin K. and Marjorie Gaut is hereby granted and the zoning classifica-
tion of the premises described in said amended petition is hereby changed
from RUFB to R-1-A as requested in said amended petition and the South-
east 1/4 of Section 14 of the Zoning Map is hereby amended to conform to
the change made in this section.
Section 3. The attached map designated "Amendment No. 44 of the Zoning
Map of the City of Livonia," showing all of the amendments and changes made in the
foregoing Section2 of this ordinance, is hereby approved, established and made a part
thereof.
Section 4. All ordinances or parts of ordinances inc onflict herewith
are hereby repealed only to the extent necessary to give this ordinance full fate
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 ally of the
remaining portion of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
Councilman Sasser introduced the following Ordinance:
NO.
AN OiLDINANCE AMENDING SECTION 4.04 OF ORDINANCE NO. 60, AS
AMENDED, OF THE CITY OF LIVONIA ENTITLED, "ZONING ORDINANCE
OF THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Page 3778
Section 1. Section 4.04 of Ordinance No. 60, as amended, of the City of
Livonia entitled, noning Ordinance of the City of Livonia, ” is hereby amended to
reas as follows:
Section 4.04 Building and Easement Grades.
(a) Any building requiring yard space shall be located at such
an elevation that a sloping grade shall be maintained to cause the flow
of surface water to run away from the walls of the building. A building
grade line (sometimes referred to as the finish grade or finish grade line)
shall mean the elevation of the ground adjoining the building on all four
sides. A first floor elevation shall mean the height which the first floor
extends above the building grade. A sloping earth grade beginning at the
sidewalk level shall be maintained and established from the center of the
front lot line to the finish grade line at the front of the building and
from the rear wall of the building to the rear lot line. The height of
the finish grade line of any dwelling shall not be less than twelve (12)
inches nor more than eighteen (18) inches above the average front sidewalk
eleatation. The first floor elevation shall be not less than six (6) inches
nor more than twenty-six (26) inches above the finish grade line of the
building. When a new building is being constructed on a vacant lot be-
tween two (2) existing buildings or adjacent to an existing building, the
existing established grade shall have priority over determining the grade
around the new building, and the yard around the new building shall be
graded in such a manner as to meet existing grades and not ,o permit runoff
of surface water to flow onto the adjacent properties. Grades shall be
approved by the Department of Public Works. Whenever the natural drainage
of the land is such as is likely to or will cause the flow of surface water
to be from the front yard to the rear yard, the building grade may be
established otherwise than hereinbefore provided; provided, however, that
in all such cases the altered design shall be submitted to and approved by
the Engineering Division of the Department of Public Works.
(b) Where any lot, part or parcel of land, has located upon it
a duly recorded easement for any purpose whatsoever, that portion of such
land whereon the easement exists shall be graded as indicated by the De-
partment of Public Works, and in no event shall be graded so as to obstruct
or substantially slow down the natural flow of surface water across such
easement. The grade in easements shall in all cases be subject to the
approval of the Department of Public Works.
Section 2. Ordinance No. 157 is hereby repealed as of the date that this
ordinance takes effect. 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. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of the remain-
ing portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
Page 3779
At 9:25 P. M., a recess was called, after which the meeting resumed with
all members present who were named as present in tle original roll call, including
Councilman James R. McCann.
By Councilman O'Neill, seconded by Councilman McCann and unanimously
adopted, it was
#72-59 RESOLVED that, the recommendation of the Director of Public
Safety regarding purchase of additional vehicles be tabled to a later
time in this meeting.
By Councilman Sasser, seconded by Councilman McCann, it was
#73-59 RESOLVED that, having considered the report and recommendation
of the City Planning Commission dated January 1L, 1959, in regard to Petition
No. Z-334 submitted by Jan Chmielewski asking for change of zoning classifica-
tion on property located on the Northwest corner of Joy Road and Fremont
Avenue in the Southeast 1/4 of Section 35, from RUFB to C-1, Petition No.
Z-334 is hereby approved; and the Department of Law is instructed to prepare
an ordinance amending Ordinance No. 60 in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann and Grant.
NAYS: Kleinert and O'Neill.
The President declared the resolution adopted.
Petition No. Z-333 requesting change of zoning in Section 2 of the City
of Livonia, was withdrawn from the agenda to the next regular meeting.
The report of the Municipal Court for the month of December, 1958, was
received and placed on file.
By Councilman Sasser, seconded by Councilman McCann, it was
#74-59 RESOLVED that, G. H. Pastor Development Company, 25544 Plymouth
Road, Detroit 39, Michigan, as proprietors, having requested the City Council
to approve the proposed plat of the following Subdivision: Kimberly Oaks
Estates Subdivision, located in the Northwest and Southwest 1/4 of Section
22, City of Livonia; and it appearing that tentative approval of said pro-
posed plat was given by the City Planning Commission under date of December
16, 1958; and it further appearing that said proposed plat, together with
the plans and specifications for improvements therein, have been approved
by the Department of Public Works under date of January 19, 1959; the City
Council does hereby approve said proposed plat on the following conditions:
(1) All of such improvements shall be installed in conformance
with the Plat Ordinance (No. 135) as vended, of the City of
Page 3780
Livonia, aid the rules ad regulations of the Department of Public
Works, within a period of two (2) years from the date of this
resoluti oh;
(2) That the installation of such improvements shall be super-
vised and inspected by the Department of Public Works and such
improvements shall not be considered as having been satisfactorily
installed until there is filed with the Council a Certificate as
provided in Section lit of said Ordinance No. 135, as :trended;
(3) That the City Clerk is not authorized to affix her signature
to said Plat until either said improvements have been satisfactorily
installed or, in lieu thereof, there is filed with her by said
proprietors a bond to the City of Livonia, in such form as may
be approved by the City Attorney, and in the following amount:
Kimberly Oaks Estates Subdivision $252,000.00
Kimberly Oaks Estates Subdivision No. 2 $325,000.00;
and until all inspection fees and other charges due to the City
of Livonia have been fully paid;
(4) That the Proprietor deposit with the Engineering Division
of the Department of Public Works as-built plans of all improve-
ments installed in the subdivision, to be submitted on cloth
reproducible material;
(5) That each of the conditions of tentative approval as recited
in City Planning Commission resolution #12-385-58 adopted on
December 16, 1958, be complied with completely and satisfactorily
and that all of such conditions are made a part of this resoluti on
by reference and are conditi ons of the approval granted herein as
fully as if the same were recited word for word herein;
(6) On full compliance with the above conditions and the provisions
of said Plat Ordinance, as amended, the City Clerk is hereby
authorized to affix her signature to said Plat as evidence of
this approval.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Kleinert and Grant.
NAYS: None.
By Councilman McCann, seconded by Councilman Kleinert, it was
#75-59 RESOLVED that, this 269th regular meeting of the Council of the
City of Livonia be adjourned to 8:30 P. M., Monday, February 2, 1959.
A roll call vote was taken an the foregoing resolution with the following result:
AYES: Sasser, Salvadore McCann and Kleinert.
ti.. �
NAYS: O'Neill and Grant.
Page 3781
The President declared the resolution adopted and the meeting adjourned
to Monday, February 2, 1959, at 8:30 P. M., the time of this adjournment being
10:09 P. M., January 26, 1959.
aria . lark, City Clerk
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