HomeMy WebLinkAboutCOUNCIL MINUTES 1959-05-11 Page 3917
MINUTES OF THE TWO HUNDRED SEVENTY-EIGHTH REGULAR )FETING
OF IHE COUNCIL OF THE CIZY OF LIVONIA
On Maly 11, 1959, the above meeting was held at 33001 Five Mile Road*
Livonia* Michigan, and was called to order by the Vice President at approxinmtely
8:55 P. M. Councilman Kleinert delivered the invocation. Roll was called with
the following result: Present-- James R. McCann* Frank O'Neill* Rudolf R. Kleinert,
Robert Sasser and Jack Salvadore. Absent-- Austin T. Grant and Sydney B. Bagnall.
By Councilman Kleinert, seconded by Councilman O'Neill and unanimously
adopted, it was
#274-59 RESOLVED that, the minutes of the 277th regular meeting of the
Council of the City of Livonia held April 27, 1959, and the 45th Special
Meeting held May ly 1959, are hereby approved.
Marie W. Clark, City Clerk, presented two veto messages from the Mayor
onresolution #258-59 adopted April 27, 1959, and resolution #267-59 adopted May4, 1959, which were received for action at a later time in this meeting.
By Councilman Sasser, seconded by Councilman Kleinert, it was
#275-59 RESOLVED that, having considered the letter dated April 8, 1959
from the Budget Director and approved by the Mayor, the Council does
hereby transfer the sum of *100.00 from the Unappropriate Surplus to
Civil Service Account No. 1-C.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: fleihert, Sasser, Salvadore, O'Neill and McCann.
NAYS: None.
The letter dated May 11* 1959, from the Mayor regarding an amendment
to Section 3.3 of Ordinance No. 224 was received and referred to the Water and
Sewer Committee of the Council..
By Councilman Sasser, seconded by Councilman Salvadore and unanimously
adopted, it was
#276-59 RESOLVED that, having considered the re commen dat i an of the
City Planning Commission dated December i5, 1958, in regard to Petition
No. Z-328, aid having also considered the report and recommendation of
Page 3918
the Streets, Roads and Plats Committee of the Council dated April 13,
1959, the Council does hereby approve and grant the said Petition No.
Z-328; provided, however, that the =rime filing fee for zoning petitions
be changed from $1,500.00 to $300.00; and provided further that the De-
partment of Law is hereby instructed to prepare an ordinance amending
Ordinance No. 60 in accordance with this resolution.
By Councilman Kleinert, seconded by Councilman Sasser aid unanimously
adopted, it was
#277-59 RESOLVED that, having considered the recommendation of the City
Planning Commission dated January 19, 1959, in regard to Petition No. Z-347,
and having also considered the report and recommendation of the Streets,
Roads and Plats Committee of the Council dated April 13, 1959, the Council
does hereby approve and grant the said Petition No. Z-347 in accordance
with the aforementioned recommendation of the City Planning Commission;
and the Department of Law is hereby instructed to prepare an ordinance
amending Ordinance No. 60 in accordance with this resolution.
Councilman Sasser introduced the following Ordinance:
NO.
AN ORDINANCE AMENDING SECTION 19.11 OF ARTICLE
19.00 AND SECTION 20.01 OF ARTICLE 20.00 OF OR-
DINANCE NO. 60, AS AMENDED, ENTITLED "ZONING
ORDINANCE OF THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 19.11 of Article 19.00 of Ordinance No. 60, as amended,
entitled "'Zoning Ordinance of the City of Livonia," is hereby amended to read as
follows:
Section 19.11. Filing Fees. Each application for appeal shall
be given a number and shall be accompanied by a filing fee of Twenty Five
Dollars ($25.00). In the event an applicant desires a special hearing on
his appeal, then the filing fee shall be One Hundred Dollars ($100.00).
Section 2. 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, pursuant to the provisions of Section Lt, 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 crdinance. 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 giestion whether
or not a particular amendment should be made is referred by the
Page 3919
Council, on its own motion, to the City Planning Commission; and
wherein such 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
Commission, 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 application in triplicate, addressed to the Council,
duly signed by the owners of fifty per cent (5c ) 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 tin 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 given a number. Where a petition is presented by a
property owner or property owners, such petition shall state the names aid
addresses of the owner or owners, a complete description of the property
involved, tin existing zoning classification of such property, the change or
amendment desired and the reasons for each charge or amendment . Each petition
of a property owner or owners shall be accompanied by a filing fee in accord-
ance with the following schedule:
Zoning from any classification to:
R-1 RU, RL or RUF - Thirty-five Dollars ($35.00) plus
an additional'Five Dollars C5.00) 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);
R-2 - One Hundred Dollars ($100.00) plus an additional
Ten Dollars l$10.00) for each 7,200 square feet or fraction there-
of in excess of 7,200 square feet, not to exceed a total fee of
Three Hundred Dollars ($300.00);
R-3 or P S - One Hundred Dollars ($100.00) plus an ad-
ditional Ten Dollars ($10.00) 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);
C-i or C-2 - One Hundred Fifty Dollars ($150.00) plus
an additional. Ten 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 ($300.00);
14-1 or 14.2 - Two Hundred Dollars ($200.00) plus an ad-
ditional Fifty Dollars ($50.00) for each acre or part thereof, not
to exceed a total fee of Three Hundred Dollars ($300.00);
provided, however, that each subsequent petition involving substantially tin
Page 3920
same subject matter and parties as a prior petition shall be considered
merely as a petition for rehearing of such prior petition and shall be given
the same number as such prior petition; and provided further that an ad-
ditional filing fee shall be required on the first petition for rehearing
of a prior petition in the amount of twenty (20%) per cent of t he original
filing fee and a filing fee of thirty (30%) percent of such original filing
fee is hereby fixed 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 f orm and on payment of the re-
quired filing fee, the City Clerk shall forthwith refer such petition to
the City Planning Commission. Such Commission 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 re commendation on such petition to the Council. Not
less than fifteen (15) days' notice of the time and place of such public
hearing shall first be published in the official newspaper or a paper of
general circulation in the City of Livoxxt a, and not less than fifteen (15)
clays' 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 owning 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 amendmaits 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 amendment shall not be passed
except by the three-fourths vote of the Council.
Section_ �. All ordinances or parts of ordinances in conflict herewith are
hereby repeealed onon3ly to the extent necessary to give this ordinance full force and
effect.
Section It. 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.
By Councilman Sasser, seconded by Councilman Salvadore and unanimously
adopted, it was
#278-59 RESOLVED that, the City Council does hereby acknowledge receipt
of a communication from the City Plan rxL ng Commission dated March 10, 1959,
containing its resolution #2-56-59 adopted pursuant to the provisions of
Act 285 of the Public Acts of 1931, and amending the Master Thoroughfare
Plan of the City of Livonia; and further the Council does hereby approve
of such amendment to the said Master Plan and expressly acknowledges that
such amendment was certified to the Council on the aforementioned date and
in accordance with the provisions of the above act.
Page 3921
By Councilman Sasser, seconded by Councilman Kleinert, it was
#279-59 RESOLVED that, pursuant to the recommendation of the Superintendent
of Operations Division aid Director of Public Works dated April 16, 1959,
the Council does hereby accept the bid of Armco Drainage and Meta. Products,
Inc., 5-261 General Motors Building, Detroit 2, Michigan, for supplying t h9
City with corrugated metal pipe, such having been in fact the lowest bid
received for such material; and the City Clerk and Director of Public Works
are 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, Sasser, O'Neill and McCann.
NAYS: Salvadore.
The Vice President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Sasser and unanimously
adopted, it was
#280-59 RESOLVED that, having considered the letter from Donald C.
Deremo, attorney for the proprietor of Merucci Bros. Subdivision No. 1,
and inquiring as to whether or not the City is interested in purchasing
a particular park site in Section 20 of the City of Livonia, the Council,
by way of reply, does hereby express its interest in purchasing such site,
howeverthe Council has determined that there are no available public
funds with which to purchase such park site at the present tine or in the
immediate foreseeable future.
The letter dated April 24, 1959, from residents regarding sidewalks on
Elmira and Orangelawn in Rosedale Gardens wes received and placed on file for reference
at such time as a public hearing is held on this matter.
The letter dated Malt, 1959, from the City Assessor concerning Rosedale
Gardens Special Assessment District was removed from the agenda, pending further
information from the Engineering Division.
Councilman Kleinert introduced the following Ordinances
NO.
AN ORDINANCE TO REGULATE TIE CONSTRUCTION AND
MAINTENANCE OF PRIVATE SWIMS POOLS IN THE
CITY OF LIVONIA.
THE CITY OF LIVONIA ORDAINS:
Page 3922
Section 1. Purpose and Intent. It is hereby determined that the existence
of private outdoor swimming pools may endanger the public health, safety and welfare
unless carefully regulated and supervised and the purpose of this ordinance is to
establish reasonable regulations for the construction, operation, use and maintenance
of swimming pools to the end that the public health, safety and welfare of the com-
munity is protected.
Section 2. Definitions. For the purpose of this ordinance, certain terms
are herewith defined:
(a) The term "swimming pool" shall mean any artificially constructed,
nonportable pool or container, capable of being used for swimming, wading
or bathing, wholly outside a permanent enclosed and roofed building and
designed to hold water to a depth of two (2) feet or more, at am point
when filled to capacity.
(b) The term "private" shall mean that it is not open to the public or
that it is not publicly owned.
Section 3. Permit Required. It shall be unlawful hereafter for any person
to construct or repair a privately owned swimming pool in the City of Livonia without
having first secured a permit therefor from the Bureau of Inspection of the Department
of Public Works.
Section 4. Application for Permit. Application for such permit shall show
the name of the owner, the location of the proposed swimming pool, the manner in which
its use shall be supervised, information specifying the size, depth and capacity of
such swimming pool and shall be accompanied by such information necessary for the pro-
tection of the public health and safety as may be required by the Bureau of Inspection.
There shall also be filed with the Bureau of Inspection a plot plan of the property
showing the location of such swimming pool thereon and a detailed plan with specifica-
tions for such swimming pool, which shall contain full information as to the proposed
fencing of the pool and the location and number of fence gates. Before any permit
shall be issued such plans and specifications shall be approved by the Bureau of
Inspection.
Section 5. Permit Fees. All applications for a permit shall be accompanied
by a building permit fee in accordance with the approved building permit fee schedule.
Section 6. Savings Clause. Owners of all private swimming pools,already
constructed as of the effective date of this ordinance, shall not be subject to any
of the construction requirements of this ordinance except as hereinafter provided.
Section 7. Area of Lot Occupancy. In residential zoned districts, a
swimming pool of a specified size maybe constructed on a lot in accordance with
the following lot sizes which will occupy a lot area not in excess of the percentages
hereinafter set forth, to merit:
Area of Lot Maximum Percentage
Occupied by Swimming Pool
4000 square feet or under Not more than 5% of lot area
Over 4000 square feet but not
more than 5000 square feet Not more than 7-1/2% of lot area
Over 5000 square feet Not more than 10% of lot area
Page 3923
Section 8. Location. Out-of-door swimming pools maybe erected in the
side or rear yard, provided no part thereof shad approach nearer than ten (10) feet
from the side ar rear lot lines. No such pool or part thereof shall be installed
within fifty (50) feet of any street right-of-way line, except in the case of side
streets, in which case such pool may not be within twenty-five (25) feet of such
side street.
Section . Fencing. The swimming pool shall be completely enclosed by a
fence not as an four (k feet in height of the chain link type or other type ap-
proved by the Bureau of Inspection. A fence which encloses the yard as a whole may
be considered as complying with this requirement. All fence gates must be locked
when the residents are away from the home or when the pool is not in use.
Section 10. Construction. The following regulations shall apply to the
construction of swimming pools:
(a) The swimming pool construction shall conform to the Building Code,
the Plumbing Code and the Electrical Code of the City of Livonia, and all
necessary permits shall be secured by the owner or his contractor.
(b) Non-portable fiberglass and plastic pools maybe permitted, provided
the same meet the accepted safety and construction standards, as established
by the City of Livonia.
(c) Any accessory building, which houses pumping aid filtering equipment,
must conform to the provisions of the Zoning Ordinance and the Building
Code of the City of Livonia.
(d) No electric wires shall be any nearer than five (5) feet from the
water's edge, nor shall any electric wire within twenty-five (25) feet
from the water's edge of the pool be less than ten (10) feet above the
ground unless otherwise approved by the Bureau of Inspection. Under no
circumstances shall wires of any kind cross or be over the water surface.
(e) All plumbing necessary for the connection of the intake or the out-
let of a swimming pool to the City water system or sewer system shall be
installed by a licensed plumber and shall conform to the requirements of
the Plumbing Code of the City of Livonia.
(f) The construction of the pool shall be made in such a manner that all
scum, splash and deck water shall not return to the pool except through
the filter system. The pool shall be kept free at all time of floating
material, sediment and debris either by an automatic surface skimmer,
scum gutter or by some other means approved by the Building Department.
(g) All privately owned swimming pools shall be equipped with a water
circulating system powered by a motor driven pumpto circulate completely
the water within such pool every twenty-four ( hours. The water in
such circulating system shall be forced through a filtration system ap-
proved by the Bureau of Inspection of sufficient size to filter adequately
the water passing into the pool. Pumps that are situated above the pool
using a suction line to draw water from the pool for circulating purposes
tam shall be equipped with a foot valve or a check valve on the suction line,
and shall have pressure gauges on the discharge aide of the pump with test
Page 392h
cocks on the pump casting to test the suction with appropriate test fittings
installed to permit the pump to be primed. Water supply to the pool shall
be installed through a vacuum breaker to eliminate the problem of possible
back siphonage. Pool drainage shall discharge indirectly to the house
sewer through a catch basin or pump. Pool drain lines sh511 be connected
to the City sanitary system where such is available. There shall be no
cross-cohnection of the City water supply with any other source of water
supply for the pool. No swimming pool shall be constructed within three
(3) feet from any vitrified sewer line; provided, however, that the Bureau
of Inspection may permit the construction of a swimming pool aver a sewer
line where such line is constructed of four (!i) inch extra heavy cast iron.
(h) The pool sides and bottom shall be constructed of smooth non-absorbent
materials, free from cracks and be so constructed as to be properly drained
through one or more metal grate openings.
(i) All swimming pool installations must be completed, filled with water,
and the filter system in operation before final inspection.
Section 11. Operation of Pool. The following regulations shall apply to
the operation of swimming pools:
(a) No person shall maintain a swimming pool on his premises without
providing adequate supervision at all times when the pool is in use.
(b) A provision shall be made for positive germicidal or bacterial con-
trol by the use of chlorine, bromine or other such disinfecting agents as
may be approved by the Health Department.
Section 12. Filteration System Required for Faiating Pools. All swimming
pools, which have at the present time no filtration system, shall be required to
install and have same approved within one (1) year of the effective date of this
ordinance.
Section 13. Inspection. The Health Department and the Building Department
shall have the right,at any reasonable hour, to inspect any swimming pool for the
purpose of determining that all provisions of this ordinance are fulfilled and com-
plied with. Before any swimming pool shall be used, a final inspection and approval
must be had from both the Building Department and the Health Department.
Section 114. Adoption of Regulations. The Bureau of Inspection is
authorized to adopt regulations governing the construction, operation and maintenance
of private swimming pools. Said regulations shall not become effective until ap-
proved by resolution of the Council. The Bureau of Inspection shall cause copies
to be made of the regulations and shall furnish the same to all interested persons.
Section 1 . Penalty. Any person, firm or corporation violating the
provisions o s ordinance shall be guilty of a misdemeanor and upon conviction
thereof shall be subject to a fine not to exceed Five Hundred Dollars ($500.00) or
by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment
in the discretion of the court.
Section 16. Repeal. All ordinances or parts of ordinances in conflict
Page 3925
herewith are hereby repealed only to the extent necessary to give this ordinance
fall force and effect.
Section 17. 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.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
By Councilman Sasser, seconded by Councilman Salvadore, it was
#281-59 RESOLVED that, having considered the request from tie Chief City
Engineer dated April 22, 1959, approved by the Mayor and Budget Director,
and having also considered the report of the Budget Director dated May 5,
1959, submitted pursuant to Council resolution #263-59, the Council does
hereby transfer the sum of $9,661 .00 from the Unappropriated Surplus to
the Engineering Inspection Budget Account No. 1-A (Salaries) to provide
for the salaries of two additional engineering classifications.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann.
NAYS: None.
By Councilman Kleinert, seconded by Councilman O'Neill and unanimously
adopted, it was
#282-59 RESOLVED that, the Chief Accountant is hereby requested to
submit a complete report on inspection fees received, pursuant to the
provisions of Ordinance No. 135, as amended.
An Ordinance Amending Sections 8, 11 and 12 of Ordinance No. 52 entitled
"Electrical Licensing Ordinance of the City of Livonia" introduced by Councilman
Sasser an April 27, 1959, was taken from the table and a roll call vote conducted
thereon with the following result:
AYES: Kleinert, Sasse r, Salvadore, O'Neill and McCann.
NAYS: None.
The Vice President declared the ordinance duly adopted and would become effective
on date of publication.
An Ordinance Amending Sections 2, 4, 12, 13, 16, 22 and 23 of the Zoning
Map of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance
Page 3926
No. 60, as amended, of the City of Livonia, by Adding Thereto Sections 3.200, 3.201,
3.202, 3.203, 3.204, 3.205, 3.206 and 3.207," introduced by Councilman Bagnall on
April 27, 1959, was taken from the table and a roll call vote conducted thereon with
the following result:
AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann.
NAYS: None.
The Vice President declared the ordinance duly adopted and would become effective
on date of publication.
By Councilman Kleinert, seconded by Councilman Sasser, it vas
#283-59 RESOLVED that, Mr. Stephen F. Slavik, President, Slavik Builders,
Inc., 20063 James Couzens Highway, Detroit 35, Michigan, as proprietor,
having requested the City Council to approve the proposed plat of the
following Subdivision: Burton Hollow Estates Subdivision No. 2, located
on the South side of Six Mile Road approximately 1,1100 feet west of Farm-
ington Road in the Northwest 1/4 of Section 16, City of Livonia; and it
appearing that tentative approval of said proposed plat was given by the
City Planning Commission under date of July 16, 1957; July 1, 1958; and it
further appearing that said proposed plat, together withihe plans and
specifications for improvements therein, have been approved by the Depart-
ment of Public Works under date of May 4, 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 regulations 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 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 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 satis-
factorily 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 follow-
ing amount:
- - - Three Hundred Sixty-Five Thousand Dollars - ($365,000.00) - -
and until all inspection fees and other charges due to the City
of Livonia have been fully paid;
Page 3927
(4) That the proprietor submit to the City Engineer as-built
plans of all improvements installed in the subdivision, on
cloth reproducible material;
(5) 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: Kleinert, Sasser, Salvadore, O'Neill and McCann.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Sasser, it was
#284-59 RESOLVED that, having considered the recommendation of the City
Planning Commission dated April 20, 1959, in connection with Petition No.
Z-344 as submitted by Patric J. Foley on behalf of Reynold and Nellie Esch
Maurice and Hattie Kenney, et al, for change of zoning in the Southwest 1/4
of Section 6 and the Northwest 1/4 of Section 7 from C-1 to C-2, the Council
does hereby approve and grant said Petition No. Z-344; and the Department of
Law is instructed to prepare an ordinance amending Ordinance No. 60 in ac-
cordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Sasser and McCann.
NAYS: Salvadore and O'Neill.
The Vice President declared the resolution adopted,
By Councilman Sasser, seconded by Councilman Salvadore and unanimously
adopted, it was
#285-59 RESOLVED that, pursuant to the recommendation of the City Plan-
ning Commission dated April 20, 1959, in connection with Petition No. Z-361
as submitted by Richard D. Bleznak on behalf of Edward Morell and others
for change of zoning in the Southwest 1/4 of Section 31 from AGB and RUFB
to R-1-A, the Council does hereby approve and grant said Petition No. Z-361
as amended by Sketch B attached thereto; and the Department of law is in-
structed to prepare an ordinance amending Ordinance No. 60 in accordance
with this resolution.
At the request of the attorney for the petitioners, Petition No. Z-363
was removed from the agenda.
By Councilman Kleinert, seconded by Councilman Sasser and unanimously
adopted, it was
Page 3928
#286-59 RESOLVED that, pursuant to the report and recommendation of the
City Planning Commission dated April 20, 1959, in connection with Petition
No. Z-370 submitted by David J. Sparrow on behalf of the Wilshire Construction
Company for change of zoning in the Southwest 1/4 of Section 3 from RUFA and
RUFB to R-1-A, the Council does hereby grant and approve said Petition No.
Z-370; and the Department of Law is instructed to prepare an ordinance amend-
ing Ordinance No. 60 in accordance with this resolution.
By Councilman Kleinert, seconded by Councilman Sasser and unanimously
adopted, it was
#287-59 RESOLVED that, having considered the request contained in a
letter from Harry J. Brown, President of Parkview Acres Civic Association,
dated April 29, 1959, 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 installation of a street lamp of suitable
lumen strength to be installed at the intersection of Six Mile Road and
Deering Avenue, it being the determination of the Council that such inter-
section requires lighting in order to adequately protect the public safety
of the residents of the community.
By Councilman Kleinert, seconded by C ouncilman Sasser, it was
#288-59 RESOLVED that, having considered the request of the Chief City
Engineer to the Maycr dated January 22, 1959, requesting a transfer of
funds, and having also considered the communications from the Budget Director
dated April 17, 1959 (to the Mayor) and May 1, 1959 (to the Council), the
Council does hereby transfer the sum of $7,000.00 from the Unappropriated
Surplus to the Engineering Inspection Division Budget Account No. E-70E
(Engineering Equipment) for the purpose of purchasing additional equipment
as outlined in the aforementioned letter from the Chief City Engineer dated
Jai uaxy 22, 1959.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann.
NAYS: None.
By Councilman Salvadore, seconded by Councilman O'Neill, it was
#289-59 RESOLVED that, having considered the request of the Department
of Law dated April 21, 1959, submitted on behalf of the Livonia Youth
Commission and having considered the recommendation of the Budget Director
dated April 23, 1959, approved by the Mayor, the Council does hereby trans-
fer from the Unappropriated Surplus the sum of $100.00 to the Youth Com-
mission Budget Account No. 60 (Miscellaneous Expenses) and the additional
sum of $100.00 to the Industrial Commission Budget Account No. 60
(1ti.scellaneous Expenses) for the purpose of providing funds necessary
in order that these newly established commissions may commence their
operations.
A roll call vote was taken on the foregoing resolution with the following result:
Page 3929
AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann.
NAYS: None.
By Councilman Sasser, seconded by Councilman Salvadore, it was
#290-59 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer dated April 27, 1959, and approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
Council resolution #268-56 adopted on April 30, 1956, so as to establish
a subdivision improvement bond in the amount of $1,100.00 for remaining
sidewalk improvements to be installed in Kirsh Subdivision; 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: Kleinert, Sasser, Salvadore, O'Neill and McCann.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Sasser, it was
#291-59 RESOLVED that, pursuant to the recommendation of the Chief City
Engineer dated April 27, 1959, and approved by the Director of Public Works
the Council does hereby amend Item No. 3 of Council resolution #293-57
adopted on April 15, 1957, so as to establish a subdivision improvement
bond in the amount of $12,000.00 to cover remaining sidewalk improvements
to be installed in Spring Valley Subdivision; 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 results
AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Sasser, it was
#292-59 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer dated April 27, 1959, and approved by the Director of
Public Works, the Council does hereby amend Item No. 3 of Council resolution
#294-57 adopted on April 15, 1957, so as to establish a subdivision
provement bond in the amount of $8,000.00 to cover remaining sidewalk im-
provements to be installed in Spring Valley Subdivision No. 2; and the City
Clerk is herein authorized to do all things necessary to the full perform.
ance of this resolution.
A roll call vote was taken on the f aregoing resolution with the following result:
AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann.
NAYS: None.
Page 3930
By Councilman Sasser, seconded by Councilman Salvadore, it was
#293-59 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer dated May 4, 1959, and approved by the Director of
Public Works, the Council does hereby authorize and approve of the ditch
relocation proposed by the Bonadeo Corporation-Chandler Development Company
in Section 17 of the City of Livonia, as referred to in the above letter
and as shown on plans dated April 15, 1959, and on file with the City;
provided, however
(a) that the proposed ditch relocation shall be accomplished
in strict accordance with the aforementioned plans and other
requirements of the Department of Public Works;
(b) that a four (4) foot chain link fence be constructed by
the above company along the south side of the relocated ditch;
(c) that prior to work the above company shall deposit with the
City of Livonia the sum of $128.00 to cover the cost of review-
ing plans, inspection and administration; and
(d) that prior to work the above company shall deposit with
the City a bond in such form as may be approved by the Depart-
ment of Law in the aniunt of $4,000.00 to insure the satisfactory
installation of such fencing;
and the City Clerk and Director of Public Works 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: Kleinert, Sasser, Salvadore, 0!Neill and McCann.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Sasser, it was
#294-59 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer dated April 28, 1959, and approved by the Director of
Public Works, regarding additional work to be performed in connection with
Section 3 of the present water main extension project, the Council does
hereby authorize and add the sum of $150.00 to the contract dated December
22, 1958, by and between the City of Livonia aid S. Weissmannxcavating
Company, Inc.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann.
NAYS: None.
By Councilman Sasser, seconded by Councilman Salvadore, it was
#295-59 RESOLVED that, Nelson Homes, Inc., 17191 Wyoming, Detroit 21,
Michigan, as proprietors, having requested the City Council to approve
Page 3931
the proposed plat of the following Subdivisions Hillcrest Avenue Sub-
division, located in the Northwest 1/4 of Section 11, City of Livonia;
and it appearing that tentative approval of said proposed plat was given
by the City Planning Commission under date of April 21, 1959; 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 May 5, 1959; the City Council does hereby approve said pro-
posed plat on the following conditions
(1) An of such improvements shall be installed in conformance
with the Flat Ordinance (No. 135) as amended, of the City of
Livonia, and the rules and regulations of the Department of Pub lie
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 and inspected by the Department of Public Works sed 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 Ordinates No. 135, as amended;
(3) That the City Clerk is not authorized to affix her signature
to said Plat until either said inprovements 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:
- - - - Six Thousand Eight Hundred Dollars - ($6,800.00) - - - -
and until all inspection fees and other charges due to the City of
Livonia have been fully paid;
(4) That the proprietor submit to the City Engineer as-built
plans of all i mprov ements installed in the sub divis ion, on cloth
reproducible material;
(5) 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 results
AYES: Kleinert, S as ser, Salvadore, O'Neill and McCann.
NAYS: None.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
#296-59 RESOLVED that, Mr. David Lewis,, 17311 Wyoming Avenue, Detroit
21, Michigan, as proprietor, having requested the City Council. to approve
the proposed plat of the following Subdivision: Bai-Lynn Park Subdivisions
3 through 9, located on the East side of Merriman Road between Lyndon and
Schoolcraft Roads in the Southwest i/4 of Section 23, City of Livonia;
Page 3932
and it appearing that tentative approval of said proposed plat was given
by the City Planning Commission under date of April 2, 1957 and April 21,
1959; 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 April 14, 1958 and May 4, 1959;
the City Council does hereby approve said proposed plat on the following
cohditi ons:
(1) All of such improvement. shall be installed in conformance
with the Plat Ordinance (No. 135) as amended, of the City of Livonia,
and the rules and regulations 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 and inspected by the Department of Public "yorks and such
improvements shall not be considered as having b een satisfactorily
installed until there is filed with the Council a Certificate as
provided in Section ]J. 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
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:
Bai-Iynn Park Subdivision No. 3 $119,000.00
Bai-Lynn Park Subdivision No. 4 1�0,000.00
Bai-Lynn Park Subdivision No. 5 67,000.0o
Bai-Lynn Park Subdivision No. 6 41,000.00
Bai-Lynn Park Subdivision No. 7 5,000.00
Bai-Lynn Park Subdivision No. 8 16,000.00
Bai-Lynn Park Subdivision No. 9 15,000.03
and until all inspection fees and other charges due to the City
of Livonia have been fully paid;
(4) That the proprietor submit to the City Engineer as-built
plans of all improvements installed in the subdivision, an cloth
reproducible material;
(5) 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 onthe foregoing resolution with the following result:
AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#297-59 RESOLVED that, pursuant to the recommendation of the Chief City
Engineer dated May 4, 1959, approved by the Director of Public Works, the
Page 3933
Council does hereby require the proprietor of the Bai-Lynn Park Sub-
divisions 3 through 9 to install a four (4) foot chain link fence along
that portion of the Blue Drain which extends through such subdivisions
and in conne ction therewith to deposit with the City of Livonia a bond
in the amount of $1,800.00 to insure the installation of such fence and
also the sum of $57.17 to cover the cost of reviewing plans, inspections
and administration; and that this shall be a condition precedent to the
Cite Clerk affixing her signature to any of the aforementioned Bai-I4ynn
Park Subdivisioh plats.
A. roll call vote was taken on the foregoing resolution with the following results
AYES: Kleinert, Sasser, Salvadore, O'Neill sad McCann.
NAYS: None.
Councilman Salvadore introduced the following Ordinance:
NO.
AN ORDINANCE VACATING PORTIONS OF Shea,
ALLEY AND PtBLIC 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 provided by law, and that proper notices of such hearing were given.
Section 2. Pursuant to Ordinance No. 29 of the City of Livonia, entitled
"An Ordinance Providing the Procedure for Vacating of Streets, Alleys and Public
Ground," as amended by Ordinance No. 50, the following portions of a certain alley
are hereby vacated:
(a) That portion of an alley described in Petition No. V-36
b=ing more particularly described as the alley located at the rear of
Lots No. 140 through No. 52, inclusive, and adjoining Lots No. 53 and
No. 158, northwest of Curtis Avenue and Floral Avenue, located in Sunning-
dale Park Subdivision, situated in the Northeast 1/11 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 . Ordinance No. 233 is hereby repealed as of the date that this
ordinance s ect. 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 It. Should any portion of this ordinance be held invalid for any
reason, such holding shall nat 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.
Page 3934
By Councilman Sasser, seconded by Councilman Salvadore, it was
*#298-59 RESOLVED that, having considered the request of Mr. George J.
Rousakis and having also considered the recommendation of the Water and
Sewer Board dated May 6, 1959, in regard to the request of the said Mr.
George Rousakis for permission to extend a certain sanitary sewer by in-
stalling a cross-over across Ann Arbor Trail, the Council does hereby
grant permission to the aforementioned party to extend the sanitary sewer
located in Ann Arbor Trail, west of Hix Road, to Lot No. !t, Candace Sub-
division, on the condition that the aforementioned party assumes all con-
struction costs in connection with the installation of the requested sewer
extension including the cost of the cross-over; and provided further that
the Council, having given consideration to the fact that the petitioner
by installing a ten (10) inch cross-over will not only make sewer service
available to his property, but also to adjoining properties, does hereby
determine that the connection charge in this case shall be 1.50 per front
foot for the following reasons:
(a) the trunk sewer is being made available to petitioner's
property solely at the expense of the petitioner by the in-
stallation of a ten (10) inch cross-over at no expense whatso-
ever to the City;
(b) the cross-over is of such dimensions that it will make the
trunk sewer available to adjoining properties;
(c) provided, however, that such installation be in accordance
with Plan 2, as submitted by the Engineering Division of the City
of Livonia, under date of May 11, 1959.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Sasser, Salvadore, O'Neill and McCann.
NAYS: None.
By Councilman Kleinert, seconded by (buncilman Sasser, it was
#299-59 RESOLVED that, pursuant to the report and recommendation of the
City Planning Commission dated May 6, 1959, in regard to Petition No.Z-381
submitted by Richard Wisniewski of 2966 Joy Road, Plymouth, Michigan, re-
questing change of zoning in the Northwest 1/4 of Section 33 from C-1 to
C-2, the Council does hereby approve and grant said Petition No. Z-381
as amended and revised by Planning Commission resolution #5-128-59 so as
to include only 360 feet west from the center of Wayne Road; and the De-
partment of Law is hereby instructed to prepare an ordinance a ending
Ordinance No. 60 in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Sasser, O'Neill and McCann.
NAYS: Salvadore.
The Vice President declared the resolution adopted.
*Rescinded; see resolutions #318-59 and #319-59
Page 3935
By Councilman Kleinert, seconded by Councilman Sasser and unanimously
adopted, it was
#30-59 RESOLVED that, pursuant to the recommendation of the Water and
Sewer Board dated May 5, 1959, the Council does hereby approve of the ex-
tension to the Livonia Sanitary Sewer System on Milburn Avenue in front of
Lots 201 through 205, inclusive, of Beverly Gardens Subdivision, and
likewise acknowledges that Ernest A. Panizzoli and Mr. and Mrs. L.
Panizzoli did construct such extension at their own expense and with no
cost whatsoever to the City of Livonia.
At 10:20 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.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
RESOLVED that, this 278th regular meeting of the Council of
the City of Livonia be adjourned.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert and O'Neill.
NAYS: Sasser, Salvadore and McCann.
The Vice President declared the resolution denied.
By Councilman Salvadore, seconded by Councilman O'Neill and unanimously
adopted, it was
#301-59 RESOLVED that, the letter dated April 8, 1959, from the Parks
and Recreation Commission requesting funds for playground equipment for
the Shelden Play Area be referred to the Mayor for report aid recom-
mendation at the next regular meeting of the Council.
On motion of Councilman O'Neill, seconded by Councilman Kleinert aid
unanimously adopted, this 278th regular meeting of the Council of the City of
Livonia was duly adjourned at 10:48 P. M,, May 11, 1959.
' q
im. m ri.e w. lark, bit). clerk