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HomeMy WebLinkAboutCOUNCIL MINUTES 1960-11-21 ADJOURNED Page 4588 MINUTES OF THE ADJOURNED THREE HUNDRiD TWENTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 21, 1960, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President at approximately 9:10 P. M. Roll was called with the following result: Present-- Robert Sasser, John T. Daugherty, Sydney B. Bagnall, Rudolf R. Kleinert, Austin T. Grant, Jack Salvadore and James R. McCann. Absent-- None. By Councilman Gant, seconded by Councilman Salvadore, it was #681-60 RESOLVED that, having considered the report and recommendation of the Civil Service Commission, dated November 16, 1960, relative to establishing a salary schedule for the classification of Assistant City Attorney, the Council does hereby concur in the establishment of the be- ginning rate salary of $6,750.00 per annum and does hereby transfer the sum of $6,,750.00 from the 1960-61 Working Capital Funds Account to the Department of Law Personal Services Account. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser. NAYS: None. Councilman Daugherty read a report dated November 21, 1960, from the Water Supply, Drainage, Sewage and Waste Disposal Committee, regarding architects for the new Water Building. By Councilman Daugherty, seconded by Councilman Grant, it wac #682-60 RESOLVED that, having considered the report from the Water and Sewer Committee dated November 21, 1960, relative to the employment of an architect for the proposed Water Department building, the Council does hereby authorize the Mayor and City Clerk to execute a standard A. I. A. contract to be submitted by William P. Lindhout of Livonia, Michigan, which contract shall employ the architect for the new Water Department building proposed on City-owned property near the existing City Hall, which contract shall provide that the architect shall be entitled to a percentage fee of six per cent (6%); and the Mayor, City Clerk, Director of Public Works and City Attorney are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: ALS: Kleinert, Grant, Salvadore, McCann, Daugherty, Bagnall and Sasser. NAYS: None. Page 1589 By Councilman Salvadore, seconded by Councilman Grant and unanimously adopted, it was #683-60 RESOLVED that, the matter of an architect for the proposed Livonia Police Station be tabled to the next study meeting of the Council. By Councilman Grant, seconded by Councilman McCann and unanimously adopted, it was #684-60 RESOLVED that, the report and recommendation of the Chief City Engineer, dated October 17, 1960, relative to the 4-ienry Riff foot path south of Hoy to the Roosevelt iill.ementary School, is hereby received and placed on file; and the City Clerk is requested to send a copy of this resolution to the Green Acres Civic Association. By Councilman Grant, seconded by Councilman Salvadore and unanimously adopted, it was #685-60 RESOLVED that, the report and recommendation of the Department of Law dat;d October 20, 1960, relative to the proposed park site in Section 2L, is hereby received and placed on file. The letter from the Department of Law regarding reading of ordinances at introduction was received and placed on file. By Councilman Daugherty, seconded by Councilman Grant aid unanimously adopted, it was #686-60 RESOLVED that, the report and recommendation of the Director of l-ublic Safety dated October 11, 1960, relative to complaint of tree damage, is hereby received and placed on file. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #687-60 RESOLVED that, the Council having adopted resolution #473-60 at its regular meeting held on August 8, 1960, requiring the City Engineer to ascertain the assessed valuation of all property affected by the following proposed improvement: Installation of curbs, drainage and widening of Fairfield Avenue between Plymouth Road and West Chicago Road in the North- west 1/4 of Section 314 of the City of Livonia; the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which axe vacant, and to prepare or cause to be pre- pared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the land which should be included in the proposed special assessment district; and it appearing Page 1590 to the Council that all of such information, estimate, plans and specifica- tions and recommendations have been properly filed by the City Engineer with the City Clerk under date of November 7, 1960, and that there has been a full compliance with all of the provisions of Section 6 of Ordinance No. 31, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Wednesday, December 28, 1960, at 8:00 o'clock P. M., as the date aid time for a public hearing on such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Sections 8 and 9 of said Ordinance No. 31, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 7 of said ordinance. By Councilman Kleinert, seconded by Councilman Salvadore, it was #688-60 RESOLVED that, the Council does hereby rescind Council resolu- tion #647-60, which requested the Wayne County Drain Commissioner to forego further acti on on Livonia Drain No. 2. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Grant, Salvadore and Bagnall. NAYS: McCann, Daugherty and Sasser. The President d eclared the resolution adopted. By Councilman Grant, seconded by Councilman Bagnall and unanimously adopted, it was #689-60 RESOLVED that, having considered the request of Henry Koloff, the City Council does hereby amend its resolution #344-60 adopted on June 13, 1960, which resolution approved the plat for the proposed Koloff's Sunnyside Estates Subdivision on certain conditions, so as to add thereto the following condition: (6) As a further condition of the approval contained herein, no building permits shall be issued in the said subdivision, that is Koloff's Sunnyside Estates Subdivision, until the Michigan Department of Health shall have removed its existing ban on sewer construction or until after a permit has been issued by the Michigan Department of Health authorizing the proprietors of said subdivision to connect to and place such sewers in operation; provided further, that plans shall show a physical break between proposed new sewers and their con- nection to existing system; and provided further, that this condition shall not apply to any lots in said subdivision serviced at this time on sewers previously approved in a proper manner by the Michigan Department of Health. Councilman McCann was excused at 9:32 P. M. By Councilman Daugherty, seconded by Councilman Grant and unanimously adopted, it was Page 1591 #690-60 RESOLVED that, having considered the request of Henry Koloff, the City Council does hereby amend its resolution #345-60 adopted on June 13, 1960, which resolution approved the plat for the proposed Koloff's Sunnyside Estates Subdivision No. 2 on certain conditions, so as to add thereto the following condition: (6) As a further condition of the approval contained herein, no building permits shall be issued in the said subdivision, that is Koloff's Sunnyside Estates Subdivision No. 2, until the Michigan Department of Health shall have removed its existing ban on sewer construction or until after a permit has been issued by the Michigan Department of Health authorizing the proprietors of said subdivision to connect to and place such sewers in operation; provided further, that plans shall show a physical break between proposed new sewers and their connection to existing system; and provided further, that this condition shall not apply to any lots in said subdivision serviced at this time on sewers previously approved in a proper manner by the Michigan Department of Health. By Councilman Daugherty, seconded by Councilman Grant and unanimously adopted, it was #691-60 RESOLVED that, having considered the report and recommendation of the Chief City Engineer dated October 18, 1960, approved by the Mayor and Director of Public works, relative to cross-overs in connection with the installation of Livonia Drain No. 1, the Council does hereby refer this report and recommendation to the Department of Law for its report with respect to whether or not the cross-overs concerned may be installed with storm sewer bond monies and as to whether or not the owners of the lots involved have previously received compensation for rights-of-way in connection with Livonia Drain No. 1. By Councilman Salvadore, seconded by Councilman Grant and unanimously adopted, it was #692-60 RESOLVED that, having considered the report and recommendation of the Water Commissioner, dated November 14, 1960, relative to an ap- propriation to hire three temporary typist-clerks, the Council does hereby refer this request to the Water and Sewer Committee of the Council for the purpose of meeting with the Water and Sewer Board relative to the request and reporting back to the Council with its recommendation. By Councilman Grant, seconded by Councilman Bagnall and unanimously adopted, it was #693-60 RESOLVED that, having considered the comm»ni cation from the Superintendent of Public Schools, dated October 18, 1960, relative to the need for the opening of Curtis Avenue from Myron Avenue in Section 9, the Council does hereby refer this communication to the Chief City Engineer for his report and recommendation. Page 1592 Councilman Bagnall introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 14.08 OF ARTICLE 11 .00 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING OR- DINANCE OF THE CITY OF LIVONIA." THE CITY OF LIVONIA ORDAINS: Section 1. Subsection (a) of Section 14.08 of Article 14.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," is hereby amended to read as follows: Section 14.08. Yard gequirements. Where a building is hereafter erected or altered in any M-1 District whether or not the principal use of which is a use permitted in a C-2 District, the front, rear and side yard requirements for such building are as follows: (a) Where such building is situated on a lot having an area of one(1) acre or less, the front yard shall have a depth of at least fifty (50) feet, the rear yard shall have a depth of at least twenty (20) feet and the side yards shall be not less than twenty (20) 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 shall be at least fifty (50) feet each in depth and the side yards shall not be less than twenty (20) feet each. (c) Where such building is situated on a lot having an area in excess of ten (10) acres, the front yard shall have a depth of at least two hundred (200) feet, the rear yard shall be at least fifty (50) feet in depth and the side yards shall not be less than twenty (20) feet each; provided, however, that open storage of materials shall be located not less than one hundred (100) feet from the front lot line; and, further provided, 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 be drained and surfaced to permit free access to the rear of the property by fire trucks; and, provided further, that notwithstanding the foregoing provisions of this section, where any such lot faces a major thoroughfare having an existing or planned width of 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, provided further, that the yard requirements set forth in this section shall not apply to property lines adjacent to any railroad right-of way. Section 2. Ordinance No. 134 is hereby repealed as of the date this ordinance takes effect, aid all other ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remaining portions of this ordinance. Page 4593 The foregoing Ordinance was placed on the table for consideration at the next regular nt eting of the Council. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was #694-60 RESOLVED that, having considered the report and recommendati on of the City Planning Commission dated November 14, 1960, relative to Petition No. 2-476 submitted by Mr. James S. Bonadeo for change of zoning in the Northeast 1/4 of Section 35 from R-3 to C-1, the Council does hereby concur with the recommendation of the City Planning Commission and Petition No. Z-476 is hereby approved; and the Department of Law is herein instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Kleinert, seconded by Councilman Grant, it was #695-60 RESOLVED that, having considered the report and recommendation of the Director of Public Works dated November 16, 1960, approved by the Mayor, relative to the proposed resignation of John E. Hiltz, Chief City Engineer, the Council does hereby authorize the Mayor and City Clerk to affix their signatures to an extension of the agreement executed by the Mayor and City Clerk and John E. Hiltz pursuant to Council resolution #658-58, for the same compensation, to February 16, 1961; and the sum of $625.00 is hereby transferred from the 1960-61 Working Capital Funds Account to the Engineering Personal Services Account. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Grant, Salvadore, Daugherty, Bagnall and Sasser. NAYS: None. By Councilman Grant, seconded by Councilman Salvadore, it was #696-60 RESOLVED that, having considered the report and recommendation of the Director of Public Works dated November 16, 1960, approved by the Mayor, the Council does hereby authorize the Department of Law to prepare an agreement for a two (2) year period commencing February 1, 1961, between the City of Livonia and Mr. William J. Strasser as the new Chief City En- gineer, by which agreement Mr. Strasser will act as the Chief City Engineer at the rate of $15,000.00 per annum; and the Mayor and City Clerk are herein authorized to affix their signatures to such agreement for and on behalf of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Grant, Salvadore, Daugherty, Bagnall and Sasser. NAYS: None. By Councilman Grant, seconded by Councilman Bagnall and unanimously adopted, it was Page 4594 #697-60 RESOLVED that, having considered the report of the Director of Public Works dated November 15, 1960, relative to the obtaining of bids for the purchase of trees for the street tree planting program for the fall of 1960 and the spring of 1961, the Council does hereby concur with the recommendation of the Director of Public Works and all bids received on September 27, 1960 are hereby rejected and the Director of Public Works is requested to re-advertise for the street planting program for the year 1960-61. The matter of Legislative Agent - Racing Commission - transfer of ap- propriation, was removed from the agenda. By Councilman Daugherty, seconded by Councilman Bagnall, it was #698-60 RESOLVED that, the Council does hereby request the City Clerk to furnish it with information of all suits instituted against the City of Livonia at the time service of summons is received by the Clerk. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, Daugherty, Bagnall and Sasser. NAYS: Kleinert and Grant. The President declared the resolution adopted. By Councilman Grant, seconded by Councilman Salvadore, it was #699-60 RESOLVED that, having considered the reports and recommendations of the Chief City Engineer dated October 26, 1960 and November 21, 1960, approved by the Director of Public Works, relative to the Final Estimate, Section I, 1959 Additions to the Water System, and it appearing that all work has been completed under the contract previously authorized and final payment is in order) the Council does hereby approve the payment of the sum of $55,671.56 to S. Weissmanrccavating Co. Inc., 15496 Telegraph Road, Detroit 39, Michigan; and the City Clerk, Director of Public Works and City Treasurer 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 results AYES: Kleinert, Grant, Salvadore, Daugherty, Bagnall and Sasser. NAYS: None. Councilman McCann returned at 9:45 P. M. By Councilman Bagnall, seconded by Councilman Salvadore, it was #700-60 RESOLVED that, the Department of Law is hereby requested to secure an appraisal of the following properties referred to in Petition No. Z-468: (a) Item No. Hl situated in the Northwest 1/4 of Section 22 otherwise known as the premises at 33107 Five Mile Road; Page 4595 and in connection therewith the Department of Law is authorized to hire two (2) professional appraisers and for that purpose the sum of $200.00 is hereby transferred from the Working Capital Funds Account to the Depart- ment of Law Contractual Services Account of the 1960-61 Budget. A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, Salvadore, McCann and Bagnall. NAYS: Kleinert, Daugherty and Sasser. The President declared the resolution adopted. Councilman Grant was excused at 9:47 P. M., for the balance of the meeting. By Councilman Bagnall„ seconded by Councilman Daugherty and unanimously adopted, it was #701-60 RESOLVED that, regular meetings for the month of December, 1960, be held on Monday, December 12th and Monday, December 19th. On motion of Councilman Salvadore, seconded by Councilman McCann and unanimously adopted, this adjourned 320th regular meeting of the Council of the City of Livonia was duly adjourned at 9:55 P. M., November 21, 1960. e W. Clark, City Clerk