HomeMy WebLinkAboutCOUNCIL MINUTES 1958-08-25 Page 3533
MINUTES OF THE TWO HUNDRED FIFTY-FIFTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On August 25, 1958, the above meeting was held at 33001 Five Mile
Road, Livonia, Michigan, and was called to order by the President at approxi-
mately 8:26 o'clock p. m.. Councilman Salvadore delivered the invocation.
Roll was called with the following result: Present - Austin T. Grant, Frank
O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert, Robert Sasser, Jack Salvadore
and James R. McCann. Absent - None.
By Councilman Bagnall, seconded by Councilman McCann and unanimously
adopted, it was
#538-58 RESOLVED, that the minutes of the 254th regular meeting
of the Council of the City of Livonia held August 18, 1958, are
hereby approved.
By Councilman Sasser, seconded by Councilman Kleinert and unanimously
adopted, it was
#539-58 RESOLVED, that having considered the report and recommendation
of the Mayor dated August 19, 1958 which requested the awarding of
certificates of service indicating appreciation to retiring officials
and members of boards, the Council does herein approve said recommenda-
tion and authorizes the Department of Law to prepare a form for such
certificates for Council approval.
By Councilman McCann, seconded by Councilman Sasser and unanimously
adopted, it was
#540-58 RESOLVED, that having considered the report and recommendation
of the Director of Public Works and the Assistant City Engineer dated
August 21, 1958 in connection with the construction of the service
drives along the mile roads and boulevard drives to the Burton Hollow
Subdivision, the Council does hereby, pursuant to the authority con-
tained in the Plat Ordinance, as amended, authorize the proprietors,
Slavik Builders, Inc. to install concrete pavement on the service
drives and on the boulevard drives in accordance with the requirements
and conditions previously set forth in Council Resolution #416-58.
By Councilman Salvadore, seconded by Councilman Bagnall, it was
Page 3534
#541-58 RESOLVED, that Resolution #426-58 adopted by the City
Council at its meeting of July 14, 1958, is hereby amended in the
following respects:
That said property being purchased is legally described as follows:
Land in the City of Livonia, Wayne County, Michigan, described as:
Part of the Southwest 1/4 of Section 5, Town 1 South, Range 9 East,
City of Livonia, Wayne County, Michigan, described as: Beginning at
a point distant North 89 degrees 39 minutes 40 seconds West 343.80
feet along the East and West 1/4 line of Section 5, and South 00
degrees 22 minutes 10 seconds West 1151.84 feet from the center of
Section 5, Town 1 South, Range 9 East; thence south 00 degrees 22
minutes 10 seconds West 1026.13 feet; thence North 89 degrees 37
minutes 50 seconds West 399 feet to the East line of Fitzgerald
Gardens Subdivision; thence North 00 degrees 22 minutes 10 seconds
East 1026.13 feet along the East line of said Fitzgerald Gardens
Subdivision; thence South 89 degrees 37 minutes 50 seconds East 399
feet to the Point of Beginning, containing 9.399 acres of land;
that the purchase price for said property shall be in the amount of
$51,694.50 (9.399 acres, based upon $5,500.00 per acre); that all
other terms and conditions of said resolution 0426-58 shall remain
the same.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, 0/Neill and Grant.
NAYS: None.
Councilman Bagnall presented the Finance Committee Report for the month
of July, 1958, as follows:
General, Administrative and Legislative: $ 8,186.28
Department of Public Safety: 2,379.20
Department of Public Works: 13,000.39
Department of Parks and Recreation: 6,595.80 $ 30,161.67
Insurance 793.22
Acquisition of Land 2,022.25 2,815.47
$ 32 977.14
General Ledger Accounts: 348.92
TOTAL: $ 33,326.06
The President received the report and requested that it be placed on file.
Councilman Bagnall read a report of the Finance and Insurance Committee
dated August 25, 1958.
Page 3535
By Councilman Bagnall, seconded by Councilman Salvadore, it was
#542-58 RESOLVED, that pursuant to the recommendation of the Finance
Committee, the agreement or contract by and between the City of Livonia
and the firm of Lybrand, Ross Bros. and Montgomery, Certified Public
Accountants, Book Building, Detroit 26, Michigan, and approved as to
form by the City Attorney, wherein said firm agrees to examine and audit
the financial records of the Water and Sewer Division of the City of
Livonia for the fiscal year ending February 28, 1959, for the sum of
$3,800.00, is hereby approved; and the Mayor and City Clerk are herein
authorized to sign such contract or agreement on behalf of the City of
Livonia and to do all other things necessary to the full performance of
this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Bagnall, it was
#543-58 RESOLVED that, having considered the report of the Finance
Committee dated August 25, 1958, the Council does herein authorize the
payment of $4,000.00 to Yamasaki, Leinweber and Associates for work
performed under a contract with the City of Livonia dated April 10,
1957, such sum to be charged against the existing balance in the Civic
Center Budget Account; and the City Clerk and City Treasurer are herein
authorized and requested 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: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman O'Neill, it was
#544-58 RESOLVED, that having considered the report of the Finance
Committee and the recommendation of the Department of Public Works
dated August 4, 1958, and the recommendation of the Mayor dated
August 4, 1958, there is hereby transferred from the Engineering
Division Account #1 to the Department of Public Works Account #25 the
sum of $2,500.00 for the purpose of allowing the Department of Public
Works to continue its present dust palliative program through the
months of August and September, 1958, and the balance of the Depart-
ment's fiscal year.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Sasser, Salvadore, McCann and O'Neill.
NAYS: Kleinert and Grant.
The President declared the resolution adopted.
Page 3536
By Councilman Sasser, seconded by Councilman Salvadore, it was
imp
#545-58 RESOLVED, that having considered the report and recommenda-
tion of the Director of Public Works and the Superintendnet of Opera-
tions Division dated August 1, 1958, and the recommendation of the
Mayor dated August 14, 1958, the Council does hereby transfer from
the DPW-E-1 Account to the DPW-25 Account the sum of $3,000.00 for the
purpose of providing minimum road maintenance for the City through the
remainder of the department's fiscal year.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Bagnall and unanimously
adopted, it was
#546-58 RESOLVED, that the minutes of the meeting of the Committee
of the Whole held August 12, 1958 are hereby approved and spread upon
the official minutes of this meeting:
REPORT OF THE MEETING OF THE COMMITTEE OF THE WHOLE
COUNCIL OF THE CITY OF LIVONIA
August 12. 1958
A meeting of the Council of the Whole was called to order by Council
President Austin T. Grant on August 12, 1958, at 11:10 P. M. to take up the
matter of the publicity campaign for the Civic improvement Program.
Councilman Sydney B. Bagnall, Chairman of the Finance and Insurance
Committee of the Council, reported that as a result of Resolution No. 337-58,
passed on June 2, 1958, which requested the Finance and Insurance Committee to
study and recommend to the Council the action to be taken on the six items of
the Civic Improvement Program, i. e. :
Municipal Rubbish Collection Service
Acquisition of Park Sites
Acquisition of Land for Civic Center
Construction of Storm and Sanitary Sewers
Secondary Road Improvement
Construction of Proposed Civic Center
Councilman Bagnall reported to the Council that since this resolution
was passed, a proposed "Camp Livonia" has been added, which was originally part
of and is now separated from the Park Site Plan. It was further reported that
the figures would include the following breakdown:
Civic Center Land Acquisition and Development $ 3,285,000.
Department of Public Works Equipment Garage
and Storage Building 366,000.
Parks and Recreation Land Acquisition and
Development of Park Sites 2,000,000.
Page 3537
Secondary Road Improvement $ 1,000,000.
Camp Livonia Land Acquisition and Development 1,300,000.
There has since been added:
Fire Station Land Acquisition of Three Sites
and Development of Two Stations 383,000.
Total: $ 8,334,000.
The matter of storm and sanitary sewers and mflnicipal rubbish
collection service will be the subject of a report to be made at a subsequent
date.
On the basis of the recommendation of Mr. Louis Schimmel, if the bonds
are sold at four per cent (4%), the cost to the citizens of Livonia will be
thirty-six cents (36¢) per thousand assessed value for each $1,000,000. required.
The total millage required then, to raise $8,500,000., would be $3.06 per thousand
assessed value. Therefore, on the basis of a home assessed at $5,000. the cost to
the citizen would be $15,30 per year. If based on four and one-half per cent
(4 ) the cost would be forty-one cents (41¢) per thousand assessed value for
each $1,000,000., or $17.95 per year to the citizen with a home of $5,000. asses-
sed value.
The reason for considering the thirty(30) year program is to spread
the cost over a longer period of time so that future citizens of Livonia will
pay a fair share of the cost of the program. Councilman Bagnall further reported
that on the basis of comments of Mr. John Nunneley, it is worthy of note that
this is the first sizable bond indebtedness to be charged against the bonded
limitation of the City, which is ten per cent (10%) of the total assessed
valuation, or $16,000,000.00. The total bonded indebtedness which the City
presently has on a general obligation basis is $10,450.00 for the paving of
Grandon Avenue. All other obligations appear to be either from the issuance
of revenue bonds or from the issuance of general obligation bonds by a County
agency. On the basis of the ratio of residential assessment to the total
assessed value of the City, residents will be sharing in the cost of this pro-
gram only to the extent of thirty-five per cent (35%); the balance of the
assessed value, or sixty-five per cent (65%), is industrial, commercial, and
others.
Councilman Robert Sasser offered a motion that the report of the
Finance and Insurance Committee be received and accepted and that all the
Committees be commended for their cooperation and for the fine work and effort
in completing this large task in so short a time. Motion supported by Councilman
Jack Salvadore, and unanimously carried.
Councilman Rudolf R. Kleinert offered a motion that the meeting be
adjourned. Motion supported by Councilman Sasser and unanimously carried.
Meeting adjourned this evening of August 12, 1958, at 11:30 P. M.
(Signed) Austin T. Grant, President of Council James R. McCann
Sydney B. Bagnall Frank O'Neill
Rudolf R. Kleinert Jack Salvadore
Robert Sasser
Page 3538
By Councilman Bagnall, seconded by Councilman Sasser, it was
#547-58 RESOLVED that
WHEREAS, the City of Livonia is one of the largest cities from an
area standpoint in the State of Michigan and is experiencing a tremendous
development and growth both from a residential, commercial and industrial
standpoint which requires careful planning for the future in order to provide
sites and adequate buildings and facilities for the governmental agencies and
departments of the City, for the acquisition of sites and development of
adequate recreational facilities for the use and benefit ofthe citizens
of the City, and for the improvement of public streets and roads of the City;
AND WHEREAS, the City Council feels that it is necessary to provide
a carefully planned program of public improvenents for the present and future
benefit and welfare of the citizens of the City, and has been studying such a
program in detail for a long period of time, and as a result of such long and
careful study feels that the program to be submitted to vote of the qualified
electors of the City by the provisions of this resolution is a necessary and
advisable program for the present and future benefit and welfare of the
citizens of the City;
AND WHEREAS, the City Council of the City, as a result of its ex-
tensive studies, feels that the following pth lic improvements are necessary
and advisable for the public health, safety, benefit and welfare of the citizens
of the City:
1. The acquisition of the necessary sites and the constructing,
equipping and developing of a City-owned, modern Civic Center
located in the area where the City Hall is now located, said Civic
Center to be acquired and constructed in accordance with a com-
prehensive general plan therefor prepared by Yamasaki, Leinweber
and Associates, architects of Birmingham, Michigan, and to include
buildings, equipment, improvements and facilities necessary for
agencies and departments of the City, and the citizens of the City,
consisting of site acquisition and development, City Hall addition
and alteration, Police Department headquarters, Fire Department
headquarters, municipal library, and a Municipal Community C enter,
together with all necessary equipment and facilities appurtenant
thereto and to such modern Civic Center; That the estimated cost of
such modern Civic Center is Three Million Two Hundred Eighty-five
Thousand ($3,285,000.00) Dollars, and period of usefulness of said
project is estimated to be not less than forty (140) years.
2. The construction and equipping of a public works equipment
garage and storage building to house and s tore the machinery and
equipment of the Department of Public Works of the City, and also
to maintain and repair all equipment of such department; The
estimated cost of such building and equipment is Three Hundred
Sixty-six Thousand ($366,000.00) Dollars, and the period of use-
fulness of said project is estimated to be not less than forty
(40) years.
3. The acquisition of lands and the development thereof for park
and recreational purposes. There is a great need to acquire land
Page 3539
for such purposes while it is still available, and to develop such
land for park purposes. It is planned that the parks be acquired
adjacent to existing and proposed school locations, and in addition
six neighborhood parks would be developed to include three swimming
pools and three artificial skating rinks. The estimated cost of
such park and recreational program is Two Million ($2,000,000.00)
Dollars, and the period of usefulness thereof is estimated to be
not less than forty (40) years.
4. The acquisition of specific lands and the development thereof
as a public recreational facility to be known as Camp Livonia. It
is planned to purchase approximately 252.76 acres in the Northwest
corner of the City, between Seven and Eight Mile Roads, East of
Haggerty Road, to be used for a perk development, including lakes,
picnic equipment, fencing, golf driving range, roads, landscaping,
tennis courts and appurtenant facilities and equipment. The
estimated cost of such project is One Million Three Hundred Thousand
($1,300,000.00) Dollars, and the period of usefulness thereof is
estimated to be not less than forty (40) years.
5. The repair, resurfacing and/or paving of various streets and
roads in the City in need thereof, including drainage. The
estimated cost of the City's portion of such project is One Million
(51,000,000.00) Dollars, and the period of usefulness thereof is
estimated to be not less than twenty-five (25) years.
6. The acquisition of three sites and the constructing and equipping
of two fire stations. The estimated cost of such project is Three
Hundred Eighty-three Thousand ($383,000.00) Dollars, and the period
of usefulness thereof is estimated to be not less than thirty (30)
ye ars.
AND WHEREAS, the City Council deems it in the best interests of the
City of Livonia to finance the cost of said program of capital improvements
by borrowing the necessary funds therefor and issuing the general obligation
bonds of the City therefor;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The capital improvements specified in the preamble hereto are
deemed necessary for the public health, safety and welfare of the City of
Livonia and its citizens.
2. The estimated period of usefulness of said specified capital
improvements as set forth in the preamble hereto are ratified and confirmed.
3. A special election of the qualified electors of the City of
Livonia, County of Wayne, Michigan, be called and held concurrently with the
Ge re ral November Election to be held on Tuesday, November 4, 1958, at the
regular voting place in each election precinct in the City, for the purpose
of voting on the questions of borrowing money and issuing the bonds of the
City therefor to pay the cost of such capital improvement program as specified
in the preamble hereto.
4. The propositions to be submitted at said special election shall
be separately stated on the voting machines and/or on separate ballots in sub-
stantially the following form:
Page 3540
I.
Civic Center Bonding Proposition
Shall the City of Livonia, County of Wayne, State of
Michigan, borrow the sum of not exceeding Three Million Two hundred
Eighty-five Thousand ($3,285,000.00) Dollars and issue its general
obligation bonds therefor for the purpose of acquiring the necessary
site, constructing, equipping and developing a City-owned Civic Center,
to include buildings, equipment, improvements and facilities necessary
for headquarters for agencies aid departments of the City, and necessary
to provide a modern Civic Community Center for the use and benefit of
the citizens of the City?
II.
Department of Public Works
Garage Bonding Proposition
Shall the City of Livonia, County of Wayne, State of
Michigan, borrow the sum Of not exceeding Three Hundred Sixty-six
Thousand($366,000.00) Dollars and issue its general obligation boats
therefor for the purpose of constructing and equipping a garage and
storage building to house, store, maintain and repair the equipment
of the Department of Public Works of the City?
III.
Recreational Bonding Proposition
Shall the City of Livonia, County of Wayne, State of
Michigan, borrow the sum of not exceeding Two Million ($2,000,000.00)
Dollars and issue its general obligation bonds therefor for the purpose
of acquiring lands for park and recreational purposes, aid improving,
developing and providing necessary facilities for recreational use of
said lands?
IV.
Camp Livonia recreational
Bonding Proposition
Shall the City of Livonia, County of Wayne, State of
Michigan, borrow the sum of not exceeding One Million Three Hundred
Thousand($1,300,000.00) Dollars and issue its general obligation bonds
therefor for the purpose of acgz iring lands, c onatructing and develop-
ing a public recreational area in the Northwest section of the City
to be known as Camp Livonia?
V.
Street Improvement Bonding Proposition
Shall the City of Livonia, County of Wayne, State of
Michigan, borrow the sum of not exceeding One Million ($1,000,000.00)
Page 351.l
Dollars and issue its general obligation bonds therefor for the purpose
of providing the City's share of the cost of repairing, resurfacing or
paving various streets and roads in the City, including drainage thereof?
VI.
Fire Station Bonding Proposition
Shall the City of Livonia, County of Wayne, State of
Michigan, borrow the sum of not exceeding Three Hundred Eighty-three
Thousand ($383,000.00) Dollars and issue its general obligation bonds
therefor for the purpose of acquiring three sites for fire stations,
and constructing and equipping two new fire stations?
5. The City Clerk will receive registration of electors qualified
to vote at said special election who are not already properly registered until
Monday, October 6, 1958, on which day the City Clerk will be at his office
from 8:00 o'clock a. m. until 8:00 o'clock p. m., Eastern Standard Time, to
receive registration of electors qualified to vote at said special election.
6. The City Clerk shall cause notice of registration to be pub-
lished at least twice in The Livonian, a newspaper of general circulation in
the City of Livonia, prior to the last day for receiving registrations, the
first such publication to be not less than ten (10) full days prior to said
last day for receiving registrations, and shall cause notice of registration
to be posted in at least two (2) public places in each election precinct in
the City at least ten (10) full days prior to the last day for receiving
registrations.
7. The notice of registration shall be in substantially the follow-
ing form:
CITY OF LIVONIA
COUNTY OF WAYNE, MICHIGAN
NOTICE OF REGISTRATION
TAKE NOTICE that any qualified electors of
the City of Livonia, County of Wayne, Michigan, who
are not already registered, may register for the Special
City Election to be held concurrently with the General
November Election on the 4th day of November, 1958.
Registrations will be taken at the office of
the City Clerk at the City Hall, Livonia, Michigan, each
working day until Monday, the 6th day of Udctober, 1958.
'r d LAST DAY FOR RECEIVING REGISTRATIONS will
be Monday, the 6th day of October, 1958, on which day the
said Clerk will be at his office between the hours of 8:00
o'clock a. m. and 8:00 o'clock p. m., Eastern Standard Time,
for the purpose of receiving registrations of electors
qualified to vote.
City Clerk
Page 3512
8. The City Clerk shall cause notice at said Special City Election
to be published at least twice before the date of election in The Livonian,
a newspaper of general circulation in the City, the first publication to be
not less than ten (10) full days prior to the date of the Special City Election
and shall cause notice of Special City Election to be posted in at least two
(2) public places in each election precinct in the City, at least ten (10)
full days prior to said Special City Election.
9. The notice of such Special City Election shall be in sub-
stantially the following form:
NOTICE OF SPECIAL ELECTION
OF THE QUALIFIED ELECTORS OF THE CITY OF LIVONIA,
COUNTY OF WAYNE, MICHIGAN
TO BE HELD ON NOVEMBER 4, 1958.
TO THE QUALIFIED ELECTORS OF SAID CITY:
PLEASE TAKE NOTICE that a special election of
the qualified electors of said City will be held con-
currently with the General November Election on Tuesday,
November Li., 195b.
The polls of election will be open from 7:00
o'clock a. m. until 8:00 o'clock p. m., Eastern Standard
Time.
The place of election will be the regularly
designated voting place in each election precinct in the
City.
The followihg propositions will be submitted to
the vote of the electors at said special election.
I.
Civic Center Bonding Proposition
Shall the City of Livonia, County of Wayne,
Star,e of Michigan, borrow the sum of not exceeding
Three Killion Two Hundred Eighty-five Thousand ($3,285,000.00)
Dollars and issue its general obligation bonds therefor
for the purpose of acquiring the necessary site, construct-
ing, equipping and developing a City-owned Civic Center,
to include buildings, equipment, improvements and facilities
necessary for headquarters for agencies and departments of
the City, and necessary to provide a modem Civic Community
Center for the use and benefit of the citizens of the City?
II.
Department of Public Works
Garage Bonding Proposition
Shall the City of Livonia, County of Wayne,
State of Michigan, borrow the sum of not exceeding
Page 3543
Three Hundred Sixty-six Thousand ($366,000.00) Dollars
and issue its general obligation bonds therefor for the
purpose of constructing and equipping a garage and storage
building to house, store, maintain and repair and equip-
ment of the Department of Pdh tic Works of the City?
III.
Recr--iational B orriing Proposition
Shall the City of Livonia, County of Wayne,
State of Michigan, borrow the sum of not exceeding Two
Million ($2,000,000.00) Dollars and issue its general
obligation bonds therefor for the purpose of acquiring
lands for park and recreational purposes, and improving,
developing and providing necessary facilities for re-
creational use of said lands?
IV.
Camp Livonia Recreational
Bonding Propos i ti on
Shall the City of Livonia, County of Wayne,
State of Michigan, borrow the sum of not exceeding One
Million Three Hundred Thousand ($1,300,000.00) Dollars
and issue its general obligation bonds therefor for the
purpose of acqiiring lands, constructing and developing
a public recreational area in the Northwest section of
the City to be known as Camp Livonia?
V.
Street movement Bonding Proposition
Shall the City of Livonia, County of Wayne,
State of Michigan, borrow the sum of not exceeding One
Million ($1,000,000.00) Dollars and issue its general
obligation bonds therefor for the purpose of providing
the City's share of the cost of repairing, resurfacing
or paving various streets and roads in the City, in-
cluding drainage thereof?
VI.
Fire Station Bonding Proposition
Shall the City of Livonia, County of Wayne,
State of Michigan, borrow the sum of not exceeding
Three Hundred Eighty-three Thousand ($383,000.00)
Dollars and issue its general obligation bonds therefor
for the purpose of acquiring three sites for fire
stations, and constructing and equipping two new fire
stations?
Each person voting on such propositions must be a
qualified registered elector of the City of Livonia, and
Page 351
must have property assessed for taxes within the City,
or be the lawful husband or wife of such a person.
This Notice is given by order of the City
Council of the City of Livonia, County of Wayne, State
of Michigan.
City Clerk
10. All resolutions and parts of resolutions insofar as they con-
flict with the provisions of this resolution be and they hereby are rescinded.
A roll call vote was taken on the foregoing resolution with the followirg result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Salvadore, it was
#5418-58 RESOLVED that
WHEREAS, the Council of the City of Livonia has determined that
it is in the interest of the City of Livonia to establish, operate and main-
tain a municipal garbage and/or rubbish collection system; and
INEREAS,the City Council has determined that in order to properly
conduct such service it is necessary to levy an additional tax of one (1)
mill on all real and personal property subject to taxation in the City; and
WHEREAS, the Council has determined to submit such proposed Charter
Amendment before the electorate at the special election previously established
and called by Council resolution #547-58, which election was called and is to
be held concurrently with the General November Election on Tuesday, Noveirber
4, 1958;
NOW, THEREFORE, BE IT RESOLVED that, the City Council of the City
of Livonia, by a three-fifths (3/5) vote of the members elect and pursuant to
the provisions of Section 21 of Act 279 of the Public Acts of Michigan of
1909, as amended, does hereby propose that there be submitted to the electors
of such City at the special election to be held concurrently with the General
November Election on Tuesday, November 4, 1958, which special election was
called by Council resolution #547-58, the following amendment to the City
Charter:
PROPOSED CHARTER AMENDMENT
Chapter VIII, Section 1.
"Section 1. Power to Tax; Tax Limit. The City shall have
power to annually levy and collect taxes for municipal purposes, but
such levy shall not exceed six-tenths (6/10) of one (1) per centum of
the assessed value of all real and personal property subject to taxation
in the City; provided, however, that one-tenth (1/10) of one (1) per
centum of such annual levy shall be used to establish and provide a
municipal garbage and/or rubbish collection and disposal system and for
such purposes to acquire, purchase, construct, own, maintain, administer,
Page 3545
regulate and/or operate disposal grounds and all instrumentalities,
equipment, facilities and properties, real or personal, used or
useful, in connection with the collection and disposal of garbage
and rubbish.
All Charter provisions or acts, or parts of acts, in conflict here-
with are hereby repealed or altered accordingly;
that the existing Charter provision which would be altered or abrogated by
the foregoing anendment is Chapter VIII, Section 1; that Novenb er 4, 1958,
is hereby designated as the date for the holding of an election on said
proposed anendment and question; that a certified copy of said proposed
amendment and this resolution shall be forthwith transmitted by the City
Clerk to the Governor of Michigan for his approval; that a certified copy
of the Statement of Purpose shall be transmitted to the Attorney General
for his approval, as required by Act #117, P. A. of 1955; that the City
Clerk shall promptly and fully comply with all the provisions of Se ction
21 of said Act 279, as amended, and shall do and perform all acts required
by State Law and the Charter of the City of Livonia relative to the calling
and holding of such election in the City of Livonia, the giving notice
thereof, the registration of electors and the preparation of ballots there-
for, and the making of all necessary arrangements for such election; that
paper ballots for the use of electors at such election be printed in sub-
stantially the following form:
BALLOT
Instructions: A cross (x) in the square before
the word ' ES" is in favor of the proposed amendment to
the City Charter, and a cross (x) in the square be-
fore the word "NO" is against the proposed amendment.
Before leaving the booth, fold the ballot so that
the initials of the inspector may be seen on the outside.
An amendment to permit the establishment, operation
and maintenance of a municipal waste collection system and
to provide a one (1) mill tax levy to be used for such pur-
poses.
The purpose of this amendment is to permit the City of Livonia
to levy and collect a tax of one-tenth (1/10) of one (1) per centum of
the assessed value of all real and personal property subject to taxation
in the City to establish and provide a municipal garbage and/or rubbish
collection and disposal system and for such purpose to acquire, purchase,
construct, own, maintain, administer, regulate and/or operate disposal
grounds and all instrumentalities, equipment, facilities and properties,
real or personal, used or useful, in conne ction with the collection and
disposal of garbage and/or rubbish.
Shall Section 1 of Chapter VIII of the Charter of the
City of Livonia be amended to permit the establishment,
operation and maintenance of a municipal garbage and/or
rubbish collection system and to provide an additional
one (1) mill annual tax levy for such purpose?
YES
NO
Page 3546
that said proposed Charter amendment shall be published in fullwith exist-
ing Charter provisions which would be altered or abrogated thereby; that
said proposed amendment in full shall be posted in a conspicuous place in
each polling place; and that the canvass and determination of the votes on
said proposed amendment shall be made in accordance with the laws of the
State of Michigan;
PLEASE TAKE NOTICE THAT THE FOLLOWING IS THE EXISTING
CHARTER PROVISIOrn THAT WILIBE ALTERED OR ABROGATED BY
THE FOREGOING CHARTER AMENDMENT:
Chapter VIII, Section 1.
Section 1. Power to Tax; Tax Limit. The City shall
have power to annually levy and collect taxes for municipal
purposes; but such levy shall not exceed one-half (1/2) of
one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant.
NAYS: None.
Councilman Sasser presented a report dated August 25, 1958 by the Streets,
Roads and Plats Committee regarding paving intersections at Plymouth Road and Yale
Avenue, and Joy Road and Harrison Avenue.
By Councilman Sasser, seconded by Councilman Kleinert and unanimously
adopted, it was
#549-58 RESOLVED that, the report of the Streets, Roads and Plats Com-
mittee dated August 25, 1958, establishing a policy for the acquisition
of property,improvement and dedication of road right-of-way at inter-
sections where commercial property is involved, is hereby approved and
accepted by the Council of the City of Livonia.
At 9:16 o'clock P. M., a recess was called, after which the meeting resumed
with all members present who were naffed as present in the original roll call of this
meeting, with the exception of Councilman Bagnall, who returned at a later time.
By Councilman Salvadore, seconded by Councilman McCann and unanimously
adopted, it was
#550-58 RESOLVED that, the Recreation Study datud August 15, 1958,
prepared by the Joint Recreation Advisory Committee in accordance with
the request of the Joint City-School Board Recreation Advisory Committee
on Recreation, is hereby received and the Council extends its appreciation
to the Chairman of the Joint Recreation Advisory Committee, Dr. L. W. Olds,
Page 3547
and committee members Edward J. Gilday, Lloyd E. Keller, Robert B.Keene,
James F. Pate and (Miss) Barbara Sowers, for an excellent report covering
the existing and anticipated recreational needs of the City of Livonia over
the next ten years.
Councilman Salvadore presented a report regarding the formation of a Livonia
Youth Commission, which was accepted by the Council, and ordered filed.
The Ordinance entitled "An Ordinance to Amend Section 10 of Ordinance No. 4
of the City of Livonia entitled, 'An Ordinance Providing for the Licensing and Regula-
tion of Parking Lots'," introduced by Councilman Salvadore August 18, 1958, was taken
from the table and a roll call vote conducted thereon with the following result:
AYES: Kleinert, SasseT., Salvadore, McCann, O'Neill and Grant.
NAYS: None.
The President declared the ordinance duly adopted and will become effective on date
of publication.
By Councilman Sasser, seconded by Councilman Kleinert, it was
#551-58 RESOLVED that, pursuant to the report and recommendation of the
Director of Public Works and the Assistant City Engineer dated August 8,
1958, and also the communication from Edwin M. Orr, Consulting Engineer,
dated August 19, 1958, the Council does hereby amend Item #3 of Council
resolution #466-56 adopted on July 16, 1956, so as to establish a bond in
the amount of $2,500.00 in Belle Lynn Subdivision to insure the necessary
cost of repairs and additional installations.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant.
NAYS: None.
By Councilman Salvadore, seconded by Councilman McCann, it was
#552-58 RESOLVED that, having considered the report and recommendation
of the City Planning Commission dated July 28, 1958, and the recommendation
of the Mayor dated August 12, 1958, the Council does hereby transfer from
Planning Commission Postage Account #7 to Planning Commission Publishing
Account #8, the sum of $250.00 for the purpose of paying for necessary
publishing expenses.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant.
NAYS: None.
Page 3548
By Councilman Mc6'ann, seconded by Councilman Sasser and unanimously
adopted, it was
#553-58 RESOLVED that, the proposed ordinance dated August 22, 1958, to
amend Article 19.00 of Ordinance No. 60 is hereby referred to the City
Planing Commission for a public hearing pursuant to law and a report and
recommendation thereon back to the City Council.
By Councilman Sasser, seconded by Councilman Salvadore and unanimously
adopted, it was
#554-58 RESOLVED that, regular meetings of the Council of the City of
Livonia for the month of September, 1958, shall be held on the 15th, 22nd
and 29th days of that month.
Councilman Kleinert introduced the following Ordinance:
NO.
AN ORDINANCE PROHIBITING DISCHARGE OF FIREARMS
EXCEPT IN CERTAIN AREAS, REGULATING THE USE
THEREOF, AND PROVIDING A PENALTY FOR VIOLATION
THEREOF.
THE CITY OF LIVONIA ORDAINS:
Section 1. The use or discharge of any and all firearms within the City of
L__vonia is hereby prohibited, escept that shotguns may be used or discharged by owners,
and their invitees, where said owners have a parcel of land containing five (5) acres
or more, subject however, to the following conditions:
1. The use or discharge of shotguns shall in no event be allowed
within six hundred (600) feet of any building on adjoining land; and
2. Owners and/or their invitees shall be required to obtain a 30 day
permit from the Chief of Police before the use or discharge of shot-
guns shall be allowed; aid,
3. Before a 30 day permit shall be issued by the Chief of Police to
invitees, said invitees shall first submit to the Chief of Police
the written consent of such owners to the use of the property; and
4. In no event shall tie use or discharge of any shotgun be allowed
in the City of Livonia on Sunday; and
5. The Chief of Police, in his discretion, may refuse the issuance of
said 30 day permit if he deems it necessary in the best interest of
the public health, safety and welfare.
Section 2. Nothing herein contained shall prevent the use or discharge of
any firearms on a duly licensed shooting range, or by any person or persons properly
acting in self-defense, or by, or at the direction of any police, military or govern-
mental authority duly established under the laws of the City of Livonia, State of
Michigan or the United States.
Page 3549
Section 3. Nothing herein contained shall prevent regular policemen,
special policemen and auxiliary policemen from using an open air range in the City
of Livonia; or elsewhere, for the purpose of target practice. Such activity shall
be subject to the control and discretion of the police commissioner as to scheduling
the time and determining the location for such target practice and in all other
respects.
Section 4. No shooting range shall be operated within the City of Livonia
unless a license thereof is procured from the City Clerk. No license for the operation
of a shooting range shall be issued by the City Clerk until ther is paid into the
City Treasury a license fee of Five Dollars ($5.00) per year or any portion thereof,
and until the issuance of such license shall have been approved by the Chief of Police
on a reasonable showing that the operation of the shooting range will be properly
supervised and will not constitute a danger to life and property.
Section 5. Any person who shall violate or fail to comply with any of the
provisions of this ordinance shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or
by both such fine and imprisonment in the discretion of the court.
Section 6. Ordinances No. 18, No. 58, No. 59, No. 114 and No. 137 are hereby
repealed and all other ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section 7. In the event any portion of this ordinance is held invalid for
reason, such holding shall not affect the validity of the remaining portion of this
ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Couoocil.
By Councilman Salvadore, seconded by Councilman McCann, it was
#555-58 RESOLVED that, having considered the letter from George Tripp,
Inc., 3260 Elizabeth Lake Aoad, Pontiac, Michigan, dated August 14, 1958,
and in accordance with the agreement contained in said letter, the Council
of the City of Livonia does hereby release to the Northville Golf Club the
balance of $271.01 due the said George Tripp, Inc., on Contract No. 2 with
the City of Livonia, such contract being dated April 8, 1954; provided,
however, that the said sum shall be paid to the Northville Golf Club only
after a satisfactory release is executed by the Northville Golf Club re-
leasing the City of Livonia and George Tripp, Inc., from all claims in
connection with the work performed under the above contract.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill and Grant.
NAYS: None.
Councilman Kleinert introduced the following Ordinance:
Page 3550
NO.
AN ORDINANCE MENDING SECTIONS 2, 11, 13, 17, 21, 22, 27, 29
AND 33 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
3.152, 3.153, 3.154, 3.155, 3.156, 3.157, 3.158, 3.159, 3.160
AND 3.161.
THE CITY OF LIVONIA ORDAINS:
Section 1. The reports and recommendations of the City Planning Commission
dated May 17;797; on Petition No. Z-275, dated May 15, 1958 on Petition No. Z-263,
dated May 5 and May 19, 1958 on Petition No. Z-253, dated June 2, 1958 on Petitions
No. Z-277 and No. Z-258, dated June 16, 1958 on Petitions No. Z-254 and No. Z-257,
dated June 25, 1958 on Petitions No. 2-281 and No. Z-284, and dated June 27, 1958 on
Petition No. Z-252, 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 heretofore 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 3.152. Petition No. Z-252 of Arnold Ranzenberger,
President of the Livonia Development Company, is hereby granted and the
zoning classification of the premises described in said petition is hereby
changed from R-U-F B to M-1 as requested in said petition, and the North-
west 1/4 of Section 29 of the Zoning Map is hereby amended to conform to
the change made in this section.
Section 3.153. Petition No. Z-253, as amended, of Irving Levine,
President of Burt Homes, Inc., is hereby granted and the zoning classifica-
tion of the premises described in said petition is hereby changed from R-U-F
to C-1, R-1-A to P and R-U-F to P as requested in said petition, and the
Southeast 1/4 of Section 22 of the Zoning Map is hereby amended to conform
to the change made in this section.
Section 3.154. Petition No. Z-254 of Henry Koloff is hereby
granted and the zoning classification of the premises described in said
petition is hereby changed from R-1-A to R-3 as requested in said petition,
provided, however, that the proprietor notify purchasers of adjacent
property of the multiple housing on the Five Mile Road frontage in the
development of this property, and the Northwest 1/4 of Section 21 of the
Zoning Map is hereby amended to conform to the change made in this section.
Section 3.155. Petition No. Z-257, as amended, of Dymond and
Helen McCullough is hereby granted and the zoning classification of the
premises described in said petition is hereby changed from R-1 to PS as
requested in said petition, and the Southwest 1/4 of Section 13 of the Zoning
Ma.p is hereby amended to conform to the change made in this section.
Section 3.156. Petition No. Z-258, as amended, of Hartman and
Tyner is hereby granted and the zoning classification of the premises
described in said petition is hereby changed from R-U-F to R-1 A as requested
in said petition, and the Southeast 1/4 of Section 11 of the Zoning Map is
hereby amended to conform to the change made in this section.
Page 3551
Section 3.157. Petition No. Z-253 of Harry Siatkin Builders,
Inc., is hereby granted and the zoning classification of the premises
described in said petition is hereby changed on 3.849 acres from AGB to
C-2 as requested in said petition, and the Southwest 1/4 of Section 17 of
the Zoning Map is hereby amended to conform to the change made in this section.
Section 3.158. Petition No. Z-275 initiated by the City Planning
Commission is hereby granted and the zoning classification on parcels of land
located on the South side of Five Mile Road, approximately 550 feet South of
Five Mile Road, between Farmington Road and Hubbard, is hereby changed from
C-2 to CC as requested in said petition, and the Northwest 1/4 of Section 22
of the Zoning Map is hereby mended to conform to the change made in this
section.
Section 3.159. Petition No. Z-277 of Carey Homes, Inc., is hereby
granted and the zoning classification of the premises described in said
petition is hereby changed from R-U-F-B to R-1-a as requested in said petition,
and the Southeast 1/4 of Section 2 of the Zoning Map is hereby amended to
conform to the change made in this section.
Section 3.160. Petition No.Z-281 of Albert R. and Margaret D.
Van Ness is hereby granted and the zoning classification of the South half of
the premises described in said petition is hereby changed from R-U-FB to C-1
as requested in said petition, and the Southwest 1/4 of Section 33 of the
Zoning Map is hereby amended to conform to the change made in this section.
Section 3.161. Petition No. Z-2811. of Albert C. Schroeder is
hereby granted and the zoning classification of the premises described in
said petition is hereby changed from R-U-F-B to C-1 as requested in said
petition and the northeast 1/4 of Section 27 of the Zoning Map is hereby
amended to conform to the change made in this section.
Section 3. The attached map designated "Amendment No. 40 of the Zoning Map
of the City of Livonia," showing all of the amendments and changes made in the fore-
going Section 2 of this ordinance, is hereby approved, established and made a part
thereof.
Section 4. Ail ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section 5. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of any of the
remaining porti ons 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 1, 12, 20, 21, 26 AND 33 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 3.1b2, 3.163, 3.161., 3.165,
3.166, 3.167, 3.168, 3.169 AND 3.170.
Page 3552
THE CITY OF LIVONIA ORDAINS:
Section 1. The reports and recommendations of the City Planning Commission
dated June 2, 195d on Petition No. Z-272, dated June 23, 1958 on Petition No. Z-271,
dated July 7, 1958 on Petitions No. Z-279, No. Z-283, No. Z-285, No. Z-286 and No. Z-288,
dated July 21, 1958 on Petition No. Z-292, and dated July 23, 1958 on Petition No. Z-274,
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
heretofore 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 to adding thereto the following sections:
Section 3.162. Petition No. Z-271 of Mr. and Mrs. Edward Butler
is hereby granted and the zoning classification of the premises described
in said petition is hereby changed from R-U-F to R-U as requested in said
petition, and the Northwest 1/4 of Section 12 of the Zoning Map is hereby
amended to conform to the change made in this section.
Section 3.163. Petition No. Z-272 of Nat Rosenberg is hereby
granted and the zoning classification of the premises described in said
petition is hereby changed from AG to R-1-A as requested in said petition
and the Northwest 1/4 of Section 21 of the Zoning Map is hereby amended to
conform to the change made in this section.
Section 3.164. Petition No. Z-274 of H. Deltchael and Silvino J.
Deltchael is hereby granted and the zoning classification of the premises
described in said petition is hereby changed from R-U-F to M-1, as requested
in said petition, as amended, and the Southwest 1/4 of Section 26 of the
Zoning Map is hereby amended to conform to the change made in this section.
Section 3.165. Petition No. Z-2?9 of Irvin J. Lewis and wife is
hereby granted and the zoning classification of the premises described in
said petition is hereby changed from R-U-F to PS as requested in said petition,
as amended, and the Northwest 1/4 of Section 1 of the honing Map is hereby
amended to conform to the change made in this section.
Section 3.166. Petition No. Z-283 of Mr. and Mrs . George A.
Empey is hereby granted and the zoning classification of the premises
described in said petition is hereby changed from R-U-F B to R-1-B as
requested in said petition, and the Southwest 1/4 of Section 1 of the
Zoning Nap is hereby amended to conform to the change made in this section.
Section 3.167. Petition No. Z-285 of Donald C. Deremo for June
Development Company is hereby granted and the zoning classification of the
premises described in said petition is hereby changed from A-G-B to R-1-A
except the North 500 feet of Parcel No. 9,which is to be changed to R-3, as
requested in said petition, and the Southeast 1/4 of Section 20, the North-
west 1/4 and the Southwest 1/4 of Section 21 of the Zoning Map are hereby
amended to conform to the changes made in this section.
Section 3.168. Petition No. Z-286 of Caroline C. linnell is
hereby granted and the zoning classification of the premises described in
said petition is hereby changed from R-U-F to C-2 as requested in said
petition, and the Southwest 1/4 of Section 1 of the Zoning Map is hereby
amended to conform to the change made in this section.
Page 3553
Section 3.169. Petition No. Z-288 of Roy J. McGlothin is hereby
granted and the zoning classification of the premises described in said
petition is hereby changed from R-U-F B to R-1-A as requested in said petition,
and the Northeast 1/4 of Section 33 of the Zoning Map is hereby amended to
conform to the change made in this section.
Section 3.170. Petition No. Z-292 of Harry B. Wright is hereby
granted and the zoning classification of the premises described in said petition
is hereby changed from R-U-F to R-1-B as requested in said petition, and the
Northwest 1/4 of Section 12 of the Zoning Map is hereby amended to conform
to the change made in this section.
Section 3. The attached map designated "Amendment NO. 41 of the Zoning Map
of the City o Livonia," showing all of the amendments and charges made in the fore-
going Section 2 of this ordinance,is hereby approved, established and made a part
hereof.
Section 4. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section 5. Should any portion of this ordinance be held invalid for any
reason, such holding shall 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
nex regular meeting of the Council.
Councilman Bagnall returned at 9:53 o'clock P. M.
On motion of CouncilmanBagnall, seconded by Councilman O'Neill and
unanimously adopted, this 255th regular meeting of the Council of the City of Livonia
was duly adjourned at 9:54 o'clock P. M., August 25, 1958.
^. ar , y e .