HomeMy WebLinkAboutCOUNCIL MINUTES 1956-07-02 :Page 2JYU
MINUTES OF TEE ONE HUNDRED SEVENTY-SEVENTH REGULAR MEETING
OF T: COUNCIL OF THE CITY OF LIVONIA
On July 2, 1956, the above meetira was held at 33001 Five Nile /load,
Livonia, Michigan, and was called to order at a proximately 8:08 P. M., by the
President of the Council, Austin T.Grant. Councilman Bagnall delivered the invo-
cation. Roll was called with the following reJult: Present-- Austin T. Grant,
Frank. O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert, David L. Jones, Peter A.
Ventura and John T. Daugherty. Absent-- None,
By Councilman :aeinert, seconded by Councilman O'Neill, it was
#437-56 RESOLVED that, in accordance with the froyisionJ of Section 21
of Ordinance No. 27, for this meeting only, the provisions of Section 5
of Ordinance No. 27, be and hereby are suspended only insofar as it per-
tains to the reading oi the minutes of a previous meeting; and
BE IT FLaTHER HLSOLTED that, the minutes of the 176th regular
meeting of the Council of the City of Livonia held June 2 , 1256, be and
hereby are approved as submitted.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Baanall, iacinert, Daugherty and Grant.
NAYS: Jones and Ventura.
The President declared the resoiution adopted.
Councilman Bagnall„ Chairman of the Finance Committee, read the follow-
ing report as to bids for Police uniiorms:
Jack Stark a: Son Blue toplin shirts
Caps 3.25
Ties .75
Ben's uniforms Raincoats 12.50
Summer irousers 16.95
S taa k Plastic Cap Cove rs .15
Sam Browne Belts l4.55
Shirt Emblems .75
Guy Woolfolk Sgt. Stripes .30
Jack Stalk J.c sons dun Holsters 3.65
Mike Stark Handcuff Cases 1.50
Jack Stark ,a Son
SPECIAL POLiCE: Cartridge Carriers 1.50
Jack Stark I Eons Shirts 3.45
Page 2391
Ben's Jniforms Trousers
haincoats 12.50
Jack Stark .c Soh Ties .75
By Councilman Jones, seconded by L,ouncilman u'Neill, it was
#438-56 REL,OLUD that, the council concur in the recommendation of the
Fihance Committee and the olds for police uniforms as recommended be
accepted.
A roll call vote was taken on the forecoing resolution with the following result:
ABs: 0'Neill„ Bagnall, Kleinert, Jones, Ventura, Daugherty and Grant.
NAYS: None.
The City Clerk, i1arie J. Clark, read a lettei dated June 2u, 1956 from
the City il,ngineer regarding assessment for i3lue and Bell Drains. The City Attorney
read a letter from irving Levine, Burt 'Homes, Inc., dated June 13, 1956. Other
relating correspondence was read.
By Councilnan Ba:nall, seconded b ,- Councilman Jones, it was
#439- 6 RESiiLVED that, Burt Homes, Inc., 16021 di. hcNichols Road, Detroit
35, gichigan, as proprietors, having requested the City Council to approve
tne proposed plat of the followinG Subdivision: ,/leri-Lynn Subdivision,
located on tXe Vest side of Merriman Ho d between Lyndon Avenue and School-
craft toad in t southeast 1/4 of section 22, City of Livonia, iiichigan,
and it apEeaxing that tentative approval of said proposed plat was given
by the City ilanning Commissi )n under date of April 9, 1956; and it further
appearing that said proposd pfat, together with the plans and specifications
for improvemenus therein, have seen a)proved by the Department of Public 'Norks
under date of June 7, 195; the City Council does hereby approve said pro-
posed plat on the following conditions:
(1) All of such improvements shall be installed in conformance
with the Plat L-rdinance (No. h)i) as amended, of the City of
Lion.J_al and the rules and re„ulations of the Department of
Public JYorks, within a period of two 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 vkarks 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 ih of said. Ordinance No. ith: as amnded;
(3) That the City Clerk is not authorized to affix her gnature
to said Plat until either said improvements tave been satisfactorily
installed: or in lieu thereof, there is filed with her by said
Page 2392
proprietors a bond to the City of Livonia, in such form as may
be approved by the City Attorney, and in the following amount:
One Hundred Thirty-four innusand Dollars - - - ($134,000.00) - -
and until all nspection fees and other charges due to the City
of Livonia have been fully paid; and
(L ) un ±o[1 compliance with the above three conditions and with
the provisions of said Plat Urdinance, as amended, the City Clerk
is hereby authorized to affix her signature to said Plat as
evidence of this approval;
(5) Provided, hadever, that the City Engineer furnish a written
statement to the efiect taa t tut use of tne ate Drain by this
Subdivision will not cause furtner serious flooding conditions in
the adjacent areas; a nd furtner, that the offer of an agreement
contained in letters from 3urt Homes, Inc., dated June 13, 1956
and July 2, y6, addi,Jssed to the City Attorney, be accepted.
A roll call vote was tanen on the foronoin, resolution with the following result:
AidS: nannall, auinert, Jones and drant.
NAYS: Ventura and Daugherty.
The 1-resident declared tne resolution adopted.
W. h. nicCany, City nnginuer, read a rupurt dated July 2, 19no as to extension
of nicn.iord Seer ,entward to curly 100 acres in the northeast 1/4 of Section 11, as
it pertains to netition No. Z-167.
By Councilman Aleinert, seconded by Councilman Jagnall, it was
#44J-56 InnnOnVEn that, the report and recommendation of the City Planning
Commission nated June b, 19501 as to .ebition No. Z-10( of Dan Symez and
Bert f. nolomon, Mid-neit ijund, ior cuange of zoning classification in the
East 1/2 of .L)ecti;n 11 from ltUFA and n.UYB to 11-1-A is approved, and the
City Attorney is instructed to nrepare an ordinance amending Ordinance No.
60 in accordance with such recommendation.
A roll call vote was taken on the foregoanb resoloadon with the following result:
AYES: OINainl, Na nail, nieinent, Ventura and drant.
14,1-J: Jones and Daugherty.
The President declared the resolution ado ted.
By Councilman naugharty, seconded by nouncilman Ventura and unanimously
adopted, it was
Page 2393
#441-56 Re6OLVED that, the Council suspend the regular order of business
to take care of items on the a,enda wherein interested persons are waiting
to be heard on those items.
The opinion of the uity Attorney as to notice of public hearing in connection
with Petition No. Z-101a was discussed by the Uouncil.
By Councilman Ventura, seconded by Councilman Kleinert, it was
Ah2-56 RESOLVED that, the report and recommendation of the City- Planning
Commission dated June 3, 1956 as to Petition No. Z-101a of Frank Segler for
change of zoning classification in the Southeast 1/4 of Section 35 from RUFB
to C-1 is approved and the City Attorney is instructed to prepare an ordinance
amending Ordinance No. 6u in accordance with such recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, 3agnall, Kleinert, Ventura and Grant.
NAYS: Jones and eaugherty.
The President declared the resolution adopted.
By Councilman Dauehorty„ seconded by Councilman Jones, it was
#443-56 ReeaL:LM that, the clam of donald Nilson for back wages be
L. tabled pendinE, a determination by the Circuit Court of this matter.
e roll call vote wes taken on the foregoing resoluLion with the following result:
AY-eS: O'Neill, Baelall, Kleinert, Jones, Daugherty and Grant.
NAYS: Ventura.
The President declared the resolution adopted.
Members of the Botsford Pare. Subdivision and Hr. Young of Young and Yagoda
appeared before the Council.
A recess was called at 2:32 P.H., after which the meeting resumed with all
members present who were named as present in the original roll call of this meeting.
By Councilmen Ventura, seconded by Councilman Bagnall and unanimously
adopted, it was
#444-56 hjeeOLEA that
:HUEAS, a public aearine of necessity was held on June 21, 1956
and it is naw in agreement tha the paving for certain streets in Botsford
Park eaodivision shall be made,
Page 2394
NOW, TNEILFOR11,, a IT RmSoLVED that this Council deems that the
necessity for the paving of certain streets in Botsford Park Subdivision
exists, and that the City frizineer be asked to prepare revised plans and
specifications for the installaLion 'I aspnalt paving instead of concrete
paving fur the above mentioned streets.
An Ordinance entitled, "An ordinance /unending bections 12, 24 and 29 of
toe Zonirv, Na a the City of Livoni a, anJ Amendint Article 3.00 of toe toning
ullinaace, Oldinance No. OO: or the City of Livonia, by adding Thereto sections
3.94, 3.95 and 3.96", introduced by Councilman Ventwa June 2 , 1956, was taken
from the table and a roll cail vote conduct. d thereon with the following result:
AYE ,: O'Neill, Bagnall, Kleinert, Jones, Ventura, Daugherty and Grant.
NAYS: Hone,
The President declared the ordinance duly adopted ad would become effective on
date of publication, Ju177 1 1)56.
The City Cleilr„ marie W. Clark, read the report of the City Planning Com-
mission as to 2etition No. L-164.
By Councilman aannall, seconded by Councilman Ventura and unanimously
adopted, it was
#h)15-56 RESOLVED that, the report and recommendation of the City Planning
Commission dated June 22, i6, as to Petition No. Z-164 of Adolph 3ohl and
Sam Zuhra Lor change of zoning classification in the southeast 1/4 of Section
20 from HUFB to H-2 is approved, and the City Attorney is instructed to
prepai e an ordinance amending 6rdinance do. 60 in conformance with such
recommendation.
The City Clerk, Marie W. Clark, read a letter from the City Planring Com-
mission as to Petition No. 2,-172, and relating correspondence.
By Councilman Kleinert, seconded by Councilman O'Neill and unanimously
adopted, it was
#446-5o RDbOLVND that, the report and recomAendation of Lhe City Planning
Camiission dated June 22, 156 as to retition No.2-172 of Joseph Sergi for
change of zoning classification in the Southwest 1/4 of Section 25 from
R-1-B to C-2 is approved, and such petition is hereby denied.
By Councilman Ba„nall, seconded by Councilman O'Neill, it was
Page 2395
RESOLVED that, the City Plannint, Commf_ssion„ when acting upon
any petition or matter before it pursuant to its duties under `state law,
the City Charter and Ordinances of the City; shall in its resolution
either approving or denying said petition or other matter, incorporate
in its resolution the rea,ions why said petition or matter was either
approved or denied.
The followinL, a endment to the foregoing resolution was ofi ered by Council-
man Kleinert, seconded by Councilman Jones:
APD thau when such resolution is forwarded to the City Council
that an overlay to the toning Map be prepared to clearly indicate the size
and location of the area under petition.
A roll call vote was taien on the following resolution as amended:
#447-56 RBSOLVED that, the Cit, Planning Commission, when acting upon
any petition or matter b.:fore it oursuant to its duties under State law,
the City Charter and Ordinances of the City; shall in its resolution
either approvinL, or denying sai d petition or other matter, incorporate
in its resolution the reasons why said petition or matter was either ap-
proved or denied; and that when such resolution is forwarded to the City
Council, that an overlay to the 4,oning Map be prepared to clearly indicate
the size and location of the area under petition.
AThe: O'Neill, l3aE,7nall, Kleinert, Jones, Ventura, Daugherty and Grant.
NAYS: None.
The President declared the resolution as amended, adopted.
The City Clerk, Marie ol. Clark, read a letter dated July 2, l6 from the
Lngineerin , Department relative to storm sewer in Southeasu section of the City,
and relating correspondence.
By Councilman Jones, seconded by Councilman Daugher ty, it was
RIESOLTED that, the letter from the Department of iingineering
with clans for storm sewer relief in the S. E. section of the City,
Sections 35 and 3 , be referred to the Sewer Committee and that such
Coniiittee study the report and return its recommendation to the Council
at the earliest possible date.
A roll call vote was taken on the foreboing resolution with the following result:
AYES: O'Neill, Jones and Daueherty.
NAYS: Bagnall, l'aeinert„ Ventura and Grant.
The President declared the resolution denied,
By Councilman ideinert„ seconded by Councilman Bagnall, it was
rage c_ve
#448-56 REJOLVED that, the Department of Plinio Works be and hereby
is authorized to contract with a consultinj, engineer, subject to the
approval of the Sewer Committee of the Council, for the purpose of pre-
paring plans and specifications for storm sewers in the Southeast section
of the City of Livonia, as ordered by the State Department of Health and
pursuant to an agreement entered into between the City of Livonia and the
Michigan etate Department of Health Dn My 9, 1956, as authorized by
Council resoluti_n #246-55.
A roll call vote was ta-en on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, aeinert, Jones, Ventura, Daugherty and Grant.
NAYS: None,
The City Clerk, Marie W. Clark, read a letter from the Department of
Public Works regareing additional clerical help.
Dy Councilman iJagnall, seconded by Councilman Kleinert, it was
#449-56 RLSOLVED that,, tine request of the Department of Public Works
dated June 26, 1956, for transfer of ', 11456.00 from Salary Account DPW
1-11 (Street Iaintenance Labor) to Salary Account DPW 1-C (Clerical) is
hereby approved.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Jones, Ventura, Daugherty and Grant.
NAYS: None.
By Co ncilman Ventura, seconded by Councilman Daugherty, it was
#450-56 REeOLVED tht, each member of the Building Code Board of Appeals
receive as comoensation the sum of Ten Dollars ( 10.00) per meeting for
each meeting held by the Board; provided, however, that the annual compen-
sation of each memoor shall not exceed the sum of Two Hundred Dollars
(.p200.00); and that upon recomi,endation of the Finance Committee there
is hereb7 transferred from the Unallocated Fund of the Budget to the
Budget of the building Code Board of Appeals the sum of Three Hundred
Dollars ( 300.00) to pay such compensation for the balance of the fiscal
year.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, 3agnall, Kleinert, Jones, Ventura, Daugherty and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
#451-56 RIZOLVED that, it is not in the best interests of the City of
Page 2397
Livonia to purrnit use of the official ,;eal of the City on other than
official documents, and the CouncL1 must regretfully deny the request
of the Livonia Junior Chamber of Commerce, as contained in the letter
dated June 26, 1)56.
A roll call vote was ta.s.en on the foregoing resolution with the following result:
AYES: 0'Neill., 3agnall, Kleinert, Daugherty and Grant.
NAYS: Jones and 'Ventura.
The President declarud the resolution adopted.
The City Clerk, '1ax'ie W. Clark-, read a proposed ordinance having to do
with Yard Requirements for C-2 uses in 1,1-1 districts.
Councilman Daugherty introduced the following Ordinance:
NO.
AN al-ID :NANCE AMENDING SECTION 1/4.08 OF ARTICLE 1/4.00 OF THE
ZONIN (lJJINikCE, ORDE NAN CE NO. 60 OF TIE CITY OF LIVONIA
TITLI.D "fu' ODiTi CE TO ESTABLISH D1BTRICTS IN THE CITY OF
LIVONIA; TO 1-LE,...IiiluAr4E TUE LSE Or O AND AJiD TRUCTIIHES TiEiEIN;
TO REGULATE AND LJJtIT '21-1L HEIGHT, TliE AREA., THE BULK AND LO-
CATION u2 BUILDINGS; TO liEGJLATE AND R.LSTILICT THE LOCATION OF
TRADES AND INDLS2RIES AND THE LOCATION OF BUILDINGS DESIGNED
FOR SPECIFIED USED; TO REGULATE AND DETELJDNE THE JUA OF YARDS,
COURTS AND oirfait OPEN sPACES; TO REGULATE GULATETL DSIL OF POPU-
LATIoN; TO FAO /IDE FOR DE ADMINISTRATION AND E1FORCE1‘1,1IT OF
LES aADINANCE; TO PROVIDE FOR A I-30AhD OF APIEALS, AND ITS
POiTE.16 AND DUTIES; AND TO PROVIDE A PENALTY FOR THE VIOLATION
OF l'HE TERM `2.1-TEREOF.'t
THE CITY" OF LIVOILLA uNDAI
Section 1. The report and reco----.1...endation of the City Planning Comissi on
dated March Ii, 1)516, on 0-2 uses in 14-1 districus„ having been considered by the
Council, the Council nercb\i adopts sai d recommendation to amend the Coning Ordinance
of the City of Livonia; and all proceedinbs heretofore conducted on said recommenda-
tion is hereby approved.
Section 2. Article 114.00 of the Zoning Ordinance, Ordinance No. 60 of the
City of Livonia is nere.bc; amended as follows:
section 114.08. Yard Requirements. -there a building is here-
after erected or altered in any 14-1 District whether or not the princi_
pal use of whi ch is a use permitted in a 0-2 District, the front, rear
and side Jard requirements for such building are as follows:
(a) Where sucn birldin is si tuated on a lot having
an area of one (1) acre or less, the front yard shall have
Pae 2398
a depth of at least fifty (50) feet, the rear yard shall have
a depth of at least twenty (20) ieet and the side yards shall
be not less than ten (10) feet each;
(b) Where such building is situated on a lot having an
area in excess of one (1) acre and not more than ten (10) acres
the front and rear yards shell be at least fifty (50) feet each
in depth and the side yards shall not be less than twenty (20)
feet each;
(c) vihere such building is situated on a lot having an
area in excess of ten (10) acres, the front yard shall lave a
depth of at least two hundred (200) feet, the rear yard shall
be at least fifty (50) feat in depth and the side yards shall
not cc less than twenty (20) feet each; provided, however, that
open s,,orage of materials shall be located not less than one
hundred (100) feet from the front lot line; and, further pro-
vided, that when stored materials are of a combustible character,
then one side yard shall be maintained twelve (12) feet in width
open to the street, which shall cc drained and surfaced to permit
free access to the rear of the property by fire trucks; and, pro-
vided further, that notwitestanding the foregoing provisions of
this section, where any such lot faces a major thoroughfare having
an exesl-ing or , laened width o- one hundred twenty (120) feet or
more, as shown on the Master Thoroughfare Plan, the front yard
shall have a depth of at least one hundred (100) feet; and, pro-
vided iurthr, that the Yard reglirements set forth in this section
shall not apply to property lines adjacent to any railroad right-
of-way.
section 3. All ordinances or earts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to cive this ordinance full force and
eifect.
Section 4. enouid any portion of this ordinance be held invalid for any
reason, such holding shall no be construed as affecting the validity of any of the
remaining portione of tois oxelinance.
The foregoine Ordinance was placed on the table for consideration at the
next regular meeting of the Council, July. lo, 1956.
By Councilman Pleinert, seconded by Councilman Jones and unanimously
adopted, it was
#452-56 li-jOLVeD tha , this 1(7th regular meeting of the City Council be
adjourned and that the next regular meeting, of the Council of the City of
Livonia be scheduled for July le, 1)56, at P): )0 o'clock P. M.
The President declared the meeting, duly adjourned at 10:3e P.A., July 2,1956.
1eT . Maik, dity Clcrc