HomeMy WebLinkAboutCOUNCIL MINUTES 1955-11-21 Page 2102-a
MINUTES OF THE ADJOURNED ONE HUNDRED FIFTY-FOURTH REGULAR
MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On November 21, 1955, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:09 P. M., by the
President of the Council, John T. Daugherty. Councilman Kleinert delivered the
invocation. Roll was called with the following result: Present-- John T. Daugherty,
David L. Jones, Harry R. Killam, Rudolf R. Kleinert, John W. Whitehead and Wilson
W. Edgar. Absent-- Nettie Carey.
The City Clerk, Marie W. Clark, read the minutes of the 153rd regular
and adjourned meetings.
By Councilman Whitehead, seconded by Councilman Kleinert and unanimously
adopted, it was
#582-55 RESOLVED that the minutes of the 153rd regular meeting of the
City Council held October 24, 1955, and the adjourned 153rd regular meet-
ings held October 31, 1955 and November 7, 1955, are approved as read.
The hour of 8:30 P. M., having arrived, the City Clerk opened and read
the following bids for one Ford Pick-Up Truck for the Department of Public Works.
1. Floyd Rice, Inc.
14300 Livernois, Detroit $1,499.44
Less 100.00
Net $1,399.44
2. Ralph Ellsworth
30000 Ford Road, Garden City $1,380.54
Alternate $1,468.87
3. Paul J. Wiedman, Inc.
470 S. Main St., Plymouth $1,397.80
4. Bill Brown Sales, Inc.
32222 Plymouth Road, Livonia $1,378.61
By Councilman Killam, seconded by Councilman Jones and unanimously
adopted, it was
#583-55 RESOLVED that, the foregoing bids for Ford Pick-Up Truck for
the Department of Public Works be referred to William G. Sharpe, Super-
intendent, for report and recommendation.
Page 2103
The City Clerk read a letter dated November 21, 1955 from the Mayor, and
resolution regarding use of Detroit-Wayne Major Airport for commercial facilities,
which was received and placed on file.
The City Clerk, Marie W. Clark, read letter dated November 21, 1955 from
the City Attorney with resolutions regarding Ingram, Auburndale and Myrna Avenue
and Oak Drive.
By Councilman Jones, seconded by Councilman Kleinert and unanimously
adopted, it was
#584-55 RESOLVED that
WHEREAS, it appears that those portions of Ingram, Auburndale,
and Myrna which are located in the S. E. 1/4 of Section 15, and more
specifically, those portions of Ingram and Auburndale between Hubbard
and Merriman, have been used as roads to a width of sixty (60) feet by
the public for upwards of ten (10) years, and that the same have been
maintained at public expense by the Township of Livonia and the City of
Livonia; and
WHEREAS, it is provided by M. S. A. 9.21 that "all roads that
shall have been used as such for ten (10) years or more, whether any
record or other proof exists that they were ever established as highways
or not . . . shall be deemed public highways", and it has been ruled by
the Michigan Supreme Court that "a highway by user becomes such to the
width and extent used";
NOW, THEREFORE, BE IT RESOLVED, that the above-described portions
of the named streets are hereby officially incorporated into the public
street system of the City of Livonia; and the Department of Public Works
is authorized to report the same to the State Highway Department as City
streets in the appropriate category and to perform the usual work with
respect to care and maintenance; and the City Clerk is instructed to send
copies of this resolution to the Wayne County Bureau of Taxation, the
Wayne County Road Commission, the City Treasurer, and the State Highway
Department.
By Councilman Kleinert, seconded by Councilman Edgar and unanimously
adopted, it was
#585-55 RESOLVED that
WHEREAS, it appears that Oak Drive, which extends North from
Five Mile Road to Puritan, in the S. E. 1/4 of Section 13, has been used
as a road to a width of sixty (60) feet by the public for upwards of ten
(10) years, and that the same has received some maintenance at public ex-
pense by the Township of Livonia and the City of Livonia; and
WHEREAS, it is provided by M. S. A. 9.21 that "all reads that
Page 2104
shall have been used as such for ten (10) years or more, whether any record
or other proof exists that they were ever established as highways or not . . .
shall be deemed public highways" and it has been ruled by the Michigan Supreme
Court that "a highway by user becomes such to the width and extent used";
NOW, THEREFORE, BE it RESOLVED that Oak Drive, between Five Mile
Road and Puritan, is hereby officially incorporated into the public street
system of the City of Livonia; and the Department of Public Works is authorized
to report the same to the State Highway Department as City streets in the ap-
propriate category and to perform the usual work with respect to care and
maintenance; and the City Clerk is instructed to send copies of this resolu-
tion to the Wayne County Bureau of Taxation, the Wayne County Road Commission,
the City Treasurer, and the State Highway Department.
The City Clerk, Marie W. Clark, read a letter dated November 16, 1955 and
received November 21, 1955 from the City Attorney, and letter dated November 17, 1955
from Harry C. Pratt, attorney, regarding the Donald Wilson case, which were received
and placed on file.
Councilman Kleinert was excused at 9:00 P.M., and returned at 9:02 P.M.
Councilman Killam was excused at 9:02 P.M., and returned at 9:07 P,M.
By Councilman Whitehead, seconded by Councilman Jones, it was
#586-55 RESOLVED that, upon recommendation of William G. Sharpe, Super-.
interdent of Public Works, the bid of Bill Brown Sales, Inc., for Ford
Pick-Up Truck for the Department of Public Works in the amount of $1,378.61,
is hereby accepted.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Kleinert, Whitehead, Edgar and Daugherty.
NAYS: None.
Councilman Jones gave a brief oral report from the Building Committee.
By Councilman Killam, seconded by Councilman Jones and unanimai sly
adopted, it was
#587-55 RESOLVED that, the Building Committee be authorized to retain
the services of an appraiser to determine the value of such parcels of
land as they may find it advisable to attempt to acquire and that the
Building Committee be instructed to report monthly to the Council as to
the expenses incurred by this appraiser.
The City Clerk, Marie W. Clark, read a letter dated November 9, 1955 from
the office of Mayor Albert E. Cobo, regarding the appointment of Councilman Edgar
to the Detroit Tomorrow Committee, which letter was received and placed on file.
Page 2105
The City Clerk, Marie W. Clark, read a letter dated November 1, 1955 from
the Chief of Police and report of Patrolman William F. Newstead regarding the complaint
of Virginia Rector, et al, against the Farmington Riding Stables, which was received
and placed on file.
By Councilman Killam, seconded by Councilman Whitehe ad and unanimously
adopted, it was
#588-55 RESOLVED that, the dedication of Thorpe Drive be referred to the
Streets and Roads Committee for report and recommendation.
A recess was called at 9:32 P. M., 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 Jones and unanimously
adopted, it was
#589-55 RESOLVED that, the Council suspend the regular order of business
to take care of certain items on the agenda wherein interested persons are
waiting to be heard on those items.
The City Clerk, Marie W. Clark, read a letter dated November 3, 1955 from
the City Planning Commission as to Petition No. Z-132. Mr. Willian N. Ponder, attorney
for the petitioner, appeared before the Council. Various residents from adjoining
property also appeared.
By Councilman Whitehead, seconded by Councilman Edgar, it was
RESOLVED that Petition No. Z-132 of Alma E. Wolfram and Gordon-
Begin Investment Company for change of zoning classification be tabled
pending recommendation from the City Planning Consultant as to the added
zoning classification.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Edgar, Whitehead and Daugherty.
NAYS: Jones, Killam and Kleinert.
The President declared the resolution denied.
By Councilman Jones, seconded by Councilman Kleinert, it was
#590-55 RESOLVED that, the report and recommendation of the City Planning
Commission as to Petition No. Z-132 of Alma E. Wolfram and Gordon-Begin In-
Page 2106
vestment Company for change of zoning classification in the West 1/2 of
Section 24 and the Southeast 1/4 of Section 23 from RUFB to R-1-A is ap-
proved and such petition is hereby denied without prejudice.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Kleinert, Whit ehead and Daugherty.
NAYS: Edgar.
The President declared the resolution adopted.
The City Clerk, Marie W. Clark, read a letter dated November 11, 1955 from
the City Engineer establishing a bond for improvements in Joy Ann Subdivision in the
amount of $121,568.00.
By Councilman Kleinert, seconded by Councilman Whitehead, it was
#591-55 RESOLVED that, Kenmore Construction Company, 12627 Greenfield,
Detroit 27, Michigan, as proprietors, having requested the City Council
to approve the proposed plat of the following Subdivision: Joy Ann Sub-
division, located approximately 1,550 feet West of Wayne Road between
Ann Arbor Trail and Joy Road in the Southeast 1/4 of Section 32; and it
appearing that tentative approval of said proposed plat was given by the
City Planning Commission under date of September 13, 1955; and it further
appearing that said proposed plat, together with plans and specifications
for improvements therein, have been approved by the Department of Public
Works under date of November 11, 1955; 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. 44) 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 satis-
factorily installed until there is filed with the Council a
Certificate as provided in Section 14 of said Ordinance No. 44,
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: $121,568.00
One Hundred Twenty-One Thousand Five Hundred Sixty-Eight Dollars,
and until all inspection fees and other charges due to the City
of Livonia have been fully paid; and
Page 2107
(4) On full compliance with the above three 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: Jones, Kleinert, Whitehead and Edgar.
NAYS: Killam and Daugherty.
The President declared the resolution adopted.
The City Clerk, Marie W. Clark, read a letter from the City Planning Com-
mission as to Petition No. Z-119.
By Councilman Kleinert, seconded by Councilman Jones and unanimously
adopted, it was
#592-55 RESOLVED that, the report and re commend atio n of the City Planning
Commission dated November 3, 1955 as to Petition No. 2-119 of Harry Kirsh,
Kirsh Const ruction Company, for change of zoning classification in the
Southwest 1/4 of Section 33 from RUFB to R-1-B has been considered; such
petition is hereby approved and the City Attorney is directed to prepare
an amendment to Zoning Ordinance No. 60 in accordance with this resolution,
The City Clerk read a letter from the City Planning Commission as to
Petition No. Z-123.
By Councilman Edgar, seconded by Councilman Whitehead and unazinously
adopted, it was
#593-55 RESOLVED that, the report and recommend ation of the City Planning
Commission dated November 3, 1955 as to Petition No. Z-123 of Thomas and
Angeline Sinacola for change of zoning classification in the Northwest 1/4
of Section 12 from C-2 and RUFB to C-2 and R-1-B is approved and the City
Attorney is directed to prepare an amendment to Zoning Ordinance No. 60
in accordance with this resolution.
The City Clerk, Marie W. Clark, read a letter from the City Planning Commission
as to Petition No. Z-128,
By Councilman Jones, seconded by Councilman Killam and unanimously
adopted, it was
#594-55 RESOLVED that, the report and recomnend at ion of the City Planning
Commission dated November 3, 1955 as to Petition No. Z-128 of Harry Granader,
N. & R. Homes, Inc., for change of zoning classification in the Southwest 1/4
Page 2108
of Section 13 from RUFB to R-1-A is approved and such petition is hereby
denied.
The City Clerk, Marie W. Clark, read a letter dated October 21, 1955, from
the Grandon Woods Civic Association.
By Councilman Killam, seconded by Councilman Kleinert and unanimously
adopted, it was
#595-55 RESOLVED that, the request of the Grandon Woods Civic Association
dated October 21, 1955 for installation of traffic light at Middle Belt
Road and West Chicago, be referred to the Traffic Commission for report
and recommendation.
The City Clerk read a letter dated November 10, 1955 from E. 0. Oliver,
28975 Joy Road, requesting use of sewer facilities on Joy Road.
By Councilman Kleinert, seconded by Councilman Jones, it was
#596-55 RESOLVED that, the request of E. C. Oliver, Kenwood Fence Company,
28975 Joy Road, for use of sewer facilities in the mrth side of Joy Road
be granted; provided, however, that said sewer facilities are used for
sanitary purposes only.
A roll call v to was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Kleinert and Whitehead.
NAYS: Edgar and Daugherty.
The President declared the resolution adopted.
Councilman Whitehead introduced the following Ordinance.
NO.
AN ORDINANCE AMENDING SECTION 4.38
OF ORDINANCE NO. 60, AS AMENDED,
ENTITLED: "ZDNING ORDINANCE OF THE
CITY OF LIVONIA".
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 4.38 of Ordinance No. 60, of the City of Livonia, en-
titled "Zoning Ordinance of the City of Livonia", as amended, is hereby amended to
read as follows:
Section 4.38. Off-Street Parking; Schedule. The following
off-street parking schedule is hereby established:
Page 2109
USE
(1) One family dwellings or mixed occupancy.
REQUIRED PARKING SPACE
One (1) parking space for each dwelling unit.
USE
(2) Multiple dwellings or apartment houses.
REQUIRED PARKING SPACE
Two (2) parking spaces per dwelling unit.
USE
(3) Tourist Homes, and Motels.
REQUIRED PARKING SPACE
One (1) parking space for each guest or sleeping room
or shite in a tourist home, or motel, plus one ad-
ditional space for the owner or manager if resident
on the premises.
USE
(4) Hospital, sanitoriums, convalescent homes and homes
for the aged or similar uses.
REQUIRED PARKING SPACE
One (1) parking space for each four (4) beds, plus one
(1) space for each staff or visiting doctor, plus one
(1) space for each four (4) employees including nurses.
USE.
(5) Orphanage or similar use.
REQUIRED PARKING SPACE
One (1) parking space for each ten (10) beds.
USE
(6) Hotels
REQUIRED PARKING SPACE
One (1) parking space for each three (3) guest rooms,
plus one (1) additional space for each five (5) em-
ployees.
USE
(7) Private clubs, fraternities, boarding and
lodging houses.
REQUIRED PARKING SPACE
One (1) parking space for each two (2) guest bedrooms.
USE
(8) Community centers, libraries, museums, post
offices, civic clubs, etc.
REQUIRED PARKING SPACE
Provide about each building an improved area other
than the front yard which shall be sufficient in
size to provide adequate facilities for parking
and as approved by the City Planning Commission.
Page 2110
USE
(9) Theaters and auditoriums, (other than incidental
to schools).
REQUIRED PARKING SPACE
One (1) parking space for each four (4) seats, plus
additional spaces equal in number to fifty (50) per
cent of the number of employees of the theater.
USE
(10) Churches, auditoriums incidental to schools.
REQUIRED PARKING SPACE
One (1) parking space for each four (4) seats in
the main assembly unit.
USE
(11) Schools.
REQUIRED PARKING SPACE
One (1) parking space for each two (2) employees
(including teachers and administrators) plus
sufficient off-street space for the safe and
convenient loading and unloading of students.
USE
(12) Dance Halls, pool and billiard rooms , assembly
halls and exhibition halls without fixed seats.
REQUIRED PARKING SPACE
One (1) parking space for each one hundred (100)
square feet of floor area used for dancing or
assembly.
USE
(13) Stadiums and sports arenas.
REQUIRED PARKING SPACE
One (1) parking space for each four (4) seats.
USE
(14) Bowling Alleys.
REQUIRED PARKING SPACE
Four (4) parking spaces for each alley.
USE
(15) Mortuaries or funeral homes.
REQUIRED PARKING SPACE
One (1) parking space for each fifty (50) square
feet of floor space in the slumber rooms, parlors
or individual funeral service rooms.
USE
(16) Establishments for sale and consumption on
the premises of alcoholic beverages, food or re-
freshments.
REQUIRED PARKING SPACE
One (1) parking space for each one hundred (100)
square feet of floor area, plus one (1) parking
space for each four (4) employees.
Page 2111
USE
(17) Medical or dental clinics, banks, business
or professional offices.
REQUIRED PARKING SPACE
One (1) parking space for each two hundred (200)
square feet of floor area.
USE
(la) Furniture and appliance stores, personal
service shops, not including beauty parlor and
barber shops, household equipment or furniture
repair shops, clothing or shoe repair or service
shops, hardware stores, motor vehicle sales,
wholesale stores and machinery sales.
REQUIRED PARKING SPACE
One (1) parking space for each five hundred (500)
square feet of floor space.
USE
(19) Beauty parlors and barber shops.
REQUIRED PARKING SPACE
Two (2) parking spaces for each employee and/or
beauty operator.
USE
(20) All retail stores, except as otherwise
specified herein.
REQUIRED PARKING SPACE
One (1) parking space for each one hundred and
fifty (150) square feet of floor space.
USE
(21) Industrial establishments, including manu-
facturing, research and testing laboratories,.
creameries, bottling works, printing and engrav-
ing shops, warehouses and storage buildings.
REQUIRED PARKING SPACE
Provide about each industrial building, buildings
or use, an improved area, other than the front
yard, which shall be sufficient in size to pro-
vide adequate facilities for the parking of
automobiles and other motor vehicles used by
the firm or employees or persons doing business
therein; such space shall not be less than (1)
parking space for each four (4) employees com-
puted on the basis of the greatest number of
persons to be employed at any one period during
the day or night.
Section 2. 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 3. Should any portion of this ordinance be held invalid for any
Page 2112
reason, such holding shall not be construed as affecting t he validity of the re-
maining portion of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the City Council, November 28, 1955.
The City Clerk, Marie W. Clark, read the report of the Justice Court and
Violations Bureau for the month of October, 1955, which was received and placed on
file.
On motion of Councilman Jones, seconded by Councilman Whitehead and
unanimously adopted, this adjourned 154th regular meeting of the City Council
was duly adjourned at 12:29 A. M., November 22, 1955.
Marie %. Clark, City Clerk
Attested:
�JO1m Daugherty, President of the Council
Rudo R. einert, Vice President of the Council