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HomeMy WebLinkAboutCOUNCIL MINUTES 1957-09-16 Page 3036 MINUTES OF THE TWO HUNDRED TWENTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 16, 1957, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:22 P. M., by the President of the Council. Councilman Ventura delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Sydney B. Bagnall, Rudolf R. Kleinert, David L. Jones, Peter A. Ventura and John T. Daugherty. Absent-- Frank 01 Neill. The City Clerk, Marie W. Clark, read the resolution adopted by the Council on September 12th, in memory of Mayor Albert Cobo. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #696-57 RESOLVED that, the minutes of the 219th regular meeting of the Council of the City of Livonia held September 9, 1957, and the 40th Special Meeting held September 12, 1957, are hereby approved as submitted. Councilman Daugherty read a letter from Cov ESCI t ry Gardens Improvement Association, Richard H. Funk, President. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #697-57 RESOLVED that, the letter dated September 13, 1957, from Richard H. Funk, President of Coventry Gardens Improvement Association, relative to information on the sanitary sewer conversion and storm drainage problems in Coventry Gardens Subdivision, be referred to the Department of Public Works for a report to this Council at the next study meeting, Thursday, September 19, 1957, with a copy to Mr. Richard Funk, President of Coventry Gardens Improvement Association answering the questions contained in said letter. The hour of 8:30 P. M., having arrived, karie 1. Clark, City Clerk, opened and read the following bids: FIREMEN IS DRESS UNIFORMS 1. Jack Stark & Sons 2. Barry-Mowery Co. 31,1o3.90 1,23.14.50 3. Ripaldi Tail ors 952.00 4. Mike Stark 1,o814.30 Page 3937 By Councilman Ventura, seconded by Councilman Daugherty and unanimously adopted, it was #698-57 RESOLVED that,the foregoing bids for Firemen's Dress Uniforms be referred to the Fire Commissioner for report and recommendation. PRINTING ZONING ORDINANCE 1. Redford Printing Company 500 copies $213.00 1,.000 n 324.00 3,000 9 464.35 2. The Livonian 500 copies $352.50 10000 9 412.80 3,000 91 585.50 Delivery will be made 10 days from receipt of order. By Councilman Ventura, econded by Councilman Jones, it was #699-57 RESOLVED that, 1,000 copies of the Zoning Ordinance be printed by the lowest bidder. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert, Jones and Grant. NAYS: None. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was #700-57 RESOLVED that, the Mayor, City Attorney and City Clerk be empowered by this Council as a committee to review -he proof of the Zoning Ordinance and approve the same before printing. Councilman Bagnall w as excused at 8:46 P. M. By Councilman Kleinert, s econded by Councilman Jones, it was #701-57 RESOLVED that, pursuant to the request of Harold H. Gordon of Gordon-Begin Company, 18450 James Couzens Highway, Detroit 35, Michigan, dated June 6, 1957, Council resolutions #466-56 and #?73-56 in conn c tion with the Belle-Lynn Subdivision are hereby amended so as to delete there- from all reference to the proposal of the Gordon-Begin Investment Company dated November 21, 1956; and that paragraph (5) of such resolution is amended so as to delete any reference to the issuance of Certificates of Occupancy in Belle-Lynn Subdivision; all other conditions or requirements set forth in the aoove resolutions shall in no way be affected by this action and shall remain in full force and effect. A roll call vote was taken on the foregoing resolution with the following result: Page 3038 AYES: Ventura, Kleinert, Jones and Grant. NAYS: Daugherty. The President declared the resolution adopted. Councilman Bagnall returned at 8:1t9 P. M. By Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, it was #702-57 RESOLVED that, the letter from the Superintendent of Operations Division and Director of Public Works dated August 30, 1957, in connection with applications for waste collectors' licenses is hereby referred to the Municipal Waste Committee of the Council for its information. By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #703-57 RESOLVED that, the letter from the Superintendent of Operations Division and Director of Public "orks dated September 5, 1957, in connection with the cost for establishing a permanent crew to clean out and maintain drainage ditches throughout the City, is hereby referred to the Mayor for his report and recommendation. By Councilman Ventura, seconded by Councilman Jones, it was RESOLVED that, the resolution contained in the report of August 26, 1957, from the Building Inspection Fees Committee be adopted, and that in order that the Council might more accurately determine and establish equitable inspection rates, the Bureau of Inspection is herein directed to have prepared and maintained daily records showing the amount of time spent in making all the annual inspections and re-inspections that are required under resolution #713-56; and provided further that such records shall, after one year from the effective date of this resolution, be submitted to the Budget Director in order that he can suggest, if necessary, adjustments in the schedule of fees. By Councilman Daugherty, seconded by Councilman Bagnall, it was RESOLVED that, the foregoing resolution be amended to include certain recommendations made by the Budget Director in his report dated September 9, 1957. A roll call vote w1s taken on tthe foregoing amendment with the following result: AYES: Daugherty, Bagnall and Grant. NAYS: Ventura, Kleinert and Jones. The President declared the amendment denied. A roll call vote was taken on the original resolution with the following result: Page 3039 AYES: Ventura, Kleinert and Jones. NAYS: Daugherty, Bagnall and Grant. The President declared the resolution denied. By Councilman Kleinert, seconded by Councilman Bagnall, it was #70447 RESOLVED that, the Council does herein determine that further taxicab service in the City of Livonia is necessary for the public con- venience and having considered the amended application of William F. Kime, d/b/a Veterans Cab Company of Livonia, 27991 Five Mile Road, Livonia, Mich- igan, dated July 16, 1957, and having received and considered the recommenda- tion of the Police Department dated July 25, 1957, in connection with such application, the Council does herein determine further that the above ap- plicant is a proper person, both in experience and character and that the applicant is fit and willing and able to engage in the public transporta- tion business and to conform with the provisions of Ordinance No. 166, Taxi. cab Ordinance, and the rules promulgated thereunder by the Council; there- fore, the Council does herein authorize the granting of a taxicab license to operate ten (10) taxicabs within the City of Livonia to the above ap- plicant upon the payment of the license fee and the filing of the insurance policy or bond required by the provisions of the above Taxicab Ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Bagnall, Kleinert and Grant. NAYS: Ventura and Jones. The President declared the resolution adopted. At 9:25 P. N., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Ventura, seconded by Councilman Jones, it was #705-57 RESOLVED that, the $5,000.00 subdivision improvement bond sub- mitted by the Rouge Building Company to guarantee improvements in Bucking- ham Village Subdivision shall be released after such time as the proprietor of such subdivision has placed with the City a $750.00 cash bond to insure that a five-foot sidewalk will be constructed in front of Lots 1, 2, 5, 6, 7 and 10 on Inkster Road in the above named subdivision. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert,Jones and. Grant. NAYS: None. By Councilman Ventura, seconded by Councilman Jones, it was #706-57 RESOLVED that, pursuant to the report and recommendation of the Page 3040 Assistant City Engineer and Director of Public °forks dated September 12, 1957, the Council does hereby release to the Rouge Building Company, the subdivision improvement bond in the amount of $5,000.00, which was deposited to guarantee improvements in Buckingham Village Subdivision; and the City Clerk is herein authorized to do all things reasonably necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert, Jones and Grant. NAYS: None. By Councilman Ventura, seconded by Councilman Bagnall, it was #707-57 RESOLVED that, pursuant to the report and recommendation of the Assistant City Engineer and D irector of Public Works dated September 10, 1957, relative to the completion of improvements in Buckingham Village Subdivision No. 2, the Council does hereby amend Section 3 of resolution #609-56, adopted August 13, 1956, and establishes a bond for Buckingham Village Subdivision No. 2 in the amount of $29,000.00 to insure the com- pletion of remaining improvements referred to in the above letter from the Departrent of Public Works. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert, Jones and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Ventura and unanimously adopted, it was #708-57 RESOLVED that, the reports from the Department of Public Works dated August 29, 1957, regarding letter of Nr.Walter Grayson aid dated September 9, 1957 regarding letter of Mr. George L.Rae, are hereby re- ceived and placed on file. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #709-57 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated August 27, 1957, as to Petition No. V-22 submitted by 15 residents of Five-Elm Park Subdivision, for the vacating of certain alleys located in the Northwest 1/4 of Section 24, such petition is hereby granted subject to an easement for the full width being retained for public utilities and surface drainage; and the City Attorney is instructed to prepare the necessary vacating ordinance in accordance with this resolution. By Councilman Ventura, seconded by Councilman Kleinert, it was #710-57 RESOLVED that, pursuant to the report and recommendation of Page 3041 Edwin M. Orr, Acting City Engineer, and the Director of Public Works, dated September 64 1957, relative to the completion of improvements in the Trojan Subdivision, the Council does hereby amend Section 3 of resolu- tion #133-57 adopted February 25, 1957, and establishes a bond for Trojan Subdivision in the amount of $2,000.00 to insure the completion of remain- ing improvements in the above subdivision. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert, Jones and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Jones, it was #711-57 RESOLVED that, pursuant to the report and recommendation of the Assistant City Engineer and Director of Public 'Works dated September 12, 1957, the $70400.00 bond retained by the City for minor sidewalk and curb repairs is hereby released to Harry Slatkin Builders in connection with Country Homes Subdivision No. 3; and that the City Clerk shall, after it becomes effective, send a certified copy of this resolution to the Lawyers Title Insurance Company, escrow agent. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert, Jones and Grant. NAYS: None. By Councilman Daugherty, seconded by Councilman Bagnall, it was #712-57 RESOLVED that, the three letters from James L. Johnson, 25020 Andover, Dearborn, Michigan, dated August 29, 1957, wherein it is requested that the City of Livonia enter into a pay-back agreement with the proprietor of the Spring Valley Subdivision are hereby referred to the Legislative Committee of the Council for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert and Grant. NAYS: Jones. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Daugherty, it was RESOLVED that, action on the plat of the proposed Lyndon Meadows 6)ubdivision is hereby tabled until such time as a report is submitted by the City Engineer showing the present temporary storm drainage plan under which they are recommending approval of plats in the vicinity of the above subdivision;, and further, that the Engineering Division of the Department of Public Works is herein instructed to transmit copies of the above plat and also plats of the Bonnydale and Har-Lo Subdivisions to the Wayne County Drain Commissioner requesting that his office study same and indicate whether Page 3042 or not the Bell No. 2 Drain in the area of these subdivisions can adequately carry the storm water run-off from such subdivisions without adversely af- fecting the other developed areas adjoining the Bell No. 2 Drainage District, such information when received from the Drain Commission shall be imrnc i ately forwarded to the Council for its information and consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty and Bagna]1 . NAYS: Ventura, Kleinert, Jones and Grant. The President declared the resolution denied. By Councilman Kleinert, seconded by Councilman Jones, it was #713-57 RESOLVED that, Mr. Arthur C. Gaylord and Mr. Jacob Menuck, Oak- view Homes, Inc., 18315 61. McNichols, Detroit, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Lyndon Meadows Subdivision, located approximately 1/4 mile North of Schoolcraft Road, between Middle Belt and Henry Ruff Roads, in the Southeast 1/4 of Se ction 23, City of Livonia, Michigan; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of September 3,1957; and it further appe .ring that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Depart- ment of Public udorks under date of September 12, 1957; the City Council does hereby approve said proposed plat on the fallowing conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such i p rovements shall be super- vised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have b een 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 following amount: - - - - Three Hundred Twenty-One Thousand Dollars - - - - ($N321,000.00); and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) On full compliance with the above conditions and with the provisions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval; Page 3043 Provided, however, that the proprietor shall deposit with the City of Livonia, on or before the date of the final approval of this plat and prior to construction, the sum of $2,000.00 to be used by the Department of Public Works to defray the cost of cleaning out and deepening the Bell No. 2 Drain, such sum to be placed in a special fund for this purpose; and provided further, that the approval of this plat is expressly conditioned on and subject to the proprietor having this plat, its accompanying sub- division plans and the proposed use of the adjoining Belltb. 2 Drain approved of by the Wayne County Drain Commissioner and sub- mitted to the City prior to construction, President Grant relinquished the chair to Councilman Bagnall at 10:15 P. M. Councilman Daugherty asked for a ruling from the chair as to whether or not the foregoing is a valid resolution. Chairman Bagnall ruled that it is not a valid resolution. Councilman Grant challenged the ruling of the Chair. A roll call vote was conducted on the ruling of the chair, with the following result: AYES: Daugherty and Bagnall. NAYS: Ventura, Grant, Kleinert and Jones. The ruling of the Chair is not sustained and the resolution is declared valid. A roll call vote was taken on resolution #713-57 with the following result: AYES: Ventura, Grant, Kleinert and Jones. NAYS: Daugherty and Bagnall. The Chairman declared the resolution adopted. President Grant resumed the chair at 11:00 P. N. By Councilman Kleinert, seconded by Councilman Bagnall, it was #71)4-57 RESOLVED that, Mr. Albert Burke, Burke Building Company, 2461.1 West Varren, Dearborn, Michigan, as proprietor, having requested the City Council to approve the proposed plat of the following Subdivision: Yale Homes Subdivision, located on the West side of Yale Avenue approximately 330 f eet South of Plymouth road in the Northeast 1/4 of Section 32, City of Livonia, Michigan; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of July 23, 1957; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been ap- proved by the Department of Public 'vlorks under date of September 12, 1957; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance Page 3044 with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be super- vised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 114 of said Ordinance No. 135, as amended, (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said proprietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amoint: - Sixty Thousand Dollars ($60,000.00)- - and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) On full compliance with the above conditions and with the provisions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat @cs evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result& AYES: Ventura, Daugherty, Bagnall, Kleinert, Jones and Grant. NAYS: None, By Councilman Kleinert, seconded by Councilman Ventura, it was #715-57 RESOLVED that, pursuant to the recommendation of the Director of Public Works dated September 12, 1957, the Council does herein establish a bond in the amount of $70,000.00 for the installation of improvements in Livonia Gardens Subdivision No. 2, a plat of record; and that the proprietors installing such improvements shall pay to the City of Livonia 3 1/2% in- spection fees and other charges as established under Ordinance No. 135, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert, Jones and Grant. NAYS: None. The letter from the Traffic Commission regarding installation of "Children at Play" sighs was received and placed on file. By Councilman Kleinert, seconded by Councilman Daugherty, it was Page 3045 #716-57 RESOLVED that, the appointment of William R. Robinson, 35501 Parkdale, Livonia, to the City Planning Commission for a term of three years, expiring June 10, 1960, is hereby approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert and Grant. NAYS: Jones. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #717-57 RESOLVED that, the appointment of Wilfred E. Okerstrom, 15011 Lyons, Livonia, to the City Planning Commis si on for a term of three years, expiring June 10, 1960, is hereby approved. By Councilman Bagnall, seconded by Councilman Ventura and unanimously adopted, it was #718-57 RESOLVED that, the appointment of Robert Angevine, 29699 W. Chicago, Livonia, to the City Planning Commission for a term of three years, expiring Juhe 10, 1960, is hereby approved. By Councilman Ventura, seconded by Councilman Kleinert and unanimously adopted, it was #719-57 RESOLVED that, pursuant to Section 19.01 of the Zoning Ordinance of the City of Livonia, Ordinance No. 601. and Section 6, Act 207, Public Acts of ''Lichigan, 1941, as amended, Robert E. Seelye, 33639 North Hampshire, Livonia, Michigan, is hereby re-appointed as a member of the honing Board of Appeals for a three year term of office, such term commencing on July 20, 1957, with all of the authorities and duties set forth in said Zoning Ordinance and Act 207. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #720-57 RESOLVED that, pursuant to Section 19.01 of the Zoning Ordinance of the City of Livonia, Ordinance No. 60, and Section 6 Act 207, Public Acts of Michigan, 1941, as amended,Robert J. Walsh, 14944 Hailer, Livonia, Michigan, is hereby re-appointed as a member of the Zoning Board of Appeals for a three year term of office, such term commencing on July 20, 1957, with all of the authorities and duties set forth in said Zoning Ordinance and Act 207. By CounciimanVentura, seconded by Councilman Bagnall, it was #721-57 RESOLVED that, the request of the Zoning Board of Appeals dated 'age ju4o September 5, 1957, and approved by the Mayor on September 10, 1957, has been considered and there is hereby transferred from the Unappropriated Surplus to the Zoning Board of Appeals Account No. BA 60 (Misc.) the sum of $20.00 to be used for the purchase of a brief case for Mr. illiam P. Lindhout, a recently appointed member. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall and Grant. NAYS: Kleinert and Jones. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Kleinert and unanimously adopted, it was #722-57 RESOLVED that, pursuant to the communication from the Michigan Liquor Control Commission dated July 3D, 1957, and a recommendation from the Livonia Police Department dated September 12, 1957, the Council does hereby approve the request from Arthur B. Esper for transfer of location of an SDM license from 28175 Fenkell Avenue, Route #3, to 28225 Five Mile Road, Livonia, Michigan. By Councilman Ventura, seconded by Councilman Kleinert, it was #723-57 RESOLVED that, the Council having concluded from a public hearing conducted on the evening of September 12, 1957, that there is not sufficient number of residents in proposed special assessment district No. 11 desiring street lighting at the cost as estimated in the assessment roll dated July 31, 1957 and prepared by the City Assessor, the Council does herein rescind Council resolution #447-57, wherein such improvement was determined to be necessary and that the Council rescinds all other resolutions and portions thereof pertaining to proposed special assessment district No. 11. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Kleinert, Jones and Grant. NAYS: Bagnall. The President declared the resolution adopted. On motion of Councilman Ventura, seconded by Councilman Jones and unanimously adopted, this 220th regular meeting of the Council of the City of Livonia was duly ad- journed at 11:27 P. M., September 16, 1957. Marie W. Clark, City Clerk.