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HomeMy WebLinkAboutCOUNCIL MINUTES 1954-12-27 Page 1700 MINUTES OF THE ONE HUNDRED THIRTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 27, 1954, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:06 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. Whit ehead, Nettie Carey and Wilson W. Edgar. Absent: None. President Daugherty requested the City Clerk to call the roll by Depart- ments. The Department of Public Safety was represented by Mr. Edward Steiner, but the Departments of Public Works and Law were not represented. By Councilman Whitehead, seconded by Councilman Killam and unanimously adopted, it was #1927 RESOLVED, that the minutes of the 132nd regular meeting held December 13, 1954, and the adjourned 132nd regular meeting held December 17, 1954, are approved as read. The City Clerk, Marie W. Clark, read a letter from the City Treasurer dated December 27, 1954, regarding the extension of tax deadline. By Councilman Edgar, seconded by Councilman Carey and unanimously adopted, it was #1928 RESOLVED that, the period within which taxes due December 1, 1954 may be paid without penalty, be extended until 5:00 o'clock P. M., Monday, February 28, 1955. The Ordinance entitled "Ordinance Vacating Portions of Street, Alley and Public Ground", introduced by Councilman Edgar at the adjourned 132nd regular meet- ing of the City Council held December 17, 1954, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: None. The President declared the foregoing Ordinance was duly adopted and would become effective on the date of publication, January 13, 1955. Page 1701 Tne City Clerk read a letter dated December 22, 1954, from the Fire Department and requisition No. 2991 for certain equipment, which was approved by Edward F.Steiner. By Councilman Killam, seconded by Councilman Whitehead, it was #1929 RESOLVED, that requisition No. 2991 for equipment for the Fire Department in the amount of $280.00 to be charged to budget account 70E is hereby approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Kleinert, Whit ehead, Carey, Edgar and Daugherty. NAYS: None. By Councilman Jones, seconded by Councilman Whitehead and unanimously adopted, it was #1930 RESOLVED, that the Council suspend the regular order of business. The City Clerk, Marie W. Clark, read a letter from Warner and Warner, im• dated December 20, 1954. By Councilman Kleinert, seconded by Councilman Jones, it was #1931 RESOLVED, that resolution No. 1876, adopted pursuant to Petition No. Z-70, be amended to show the zoning classification changed from RUFB to R-1-B. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Kleinert, Whitehead, Carey and Edgar. NAYS: Daugherty. The President declared the resolution adopted. Councilman Whitehead introduced the following Ordinance. NO. AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA, AND AMENDIIIG ARTICLE 3.00 OF THE ZONING ORD- INANCE ORDINANCE NO. 60, OF THE CITY OF ibm LIVONIA, BY ADDING THERETO SECTION 3.42, THE CITY OF LIVONIA ORDAINS: Page 1702 Section 1. The report and recommendations of the City Planning Commission law dated November 11, 1954, on Petition No. Z-70, to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings heretofore conducted thereon, are hereby approved. Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60 of the City of Livonia, is hereby amended by adding thereto the following section. Section 3.42. Petition No. Z-70 of Albert Simkins is hereby granted; 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 32 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 10 of the Zoning Map of the City of Livonia" showing all of the amendments and changes made in the foregoing 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 next regular meeting of the Council. The City Clerk, Marie W. Clark, read a letter dated November 24, 1954, from the Livonia Kiwanis Club. Mr. William Ponder appeared before the Council in this matter. By Councilman Jones, seconded by Councilman Carey and unanimously adopted, it was #1932 RESOLVED, that WHEREAS, the Livonia Kiwanis Club is desirous of entering into a certain agreement with the Jenkins Advertising Company, under which agreement the Jenkins Advertising Company would place certain park benches at various locations throughout the City, and WHEREAS, the Livonia Kiwanis Club has petitioned this Council for permission and approval of placing the aforesaid benches in such public locations so that it may enter into the agreement as aforesaid, and Lim WHEREAS, all monies received by the Livonia Kiwanis Club pursuant Page 1703 to the terms of the contract with the Jenkins Advertising Copany would las be held in a separate trust account and expenditures therefrom would be solely to provide for the needs and assistance of underprivileged child- ren of the City of Livonia, and WHEREAS, the City of Livonia at present has no established fund or means within its official budget to adequately provide all necessary care and assistance to its underprivileged children, and WHEREAS, it is believed that the aforesaid benches located at various public places throughout the City will serve and be of beneficial use to the public in general, and WHEREAS, the general ordinances, rules and regulations of the City do not make provision to cover this request for permission to place the aforesaid benches as sought by the Livonia Kiwanis Club, NOW, THEREPDRE BE IT RESOLVED, that in consideration of One ($1.00) Dollar and other valuable considerations,this Livonia City Council does hereby grant to the Livonia Kiwanis Club permission to install the aforesaid park benches at various public locations throughout the City of Livonia, subject to the following terms and conditions: (1) That such benches will only be placed at locations in the City as are approved by the Department of Public Works, the Police Department and the Department of Parks and Re- ims creation, and (2) That the Livonia Kiwanis Club procure at its own expense public liability insurance for damage to pe rsons or property, in connection with the use, ihstallation and maintenance of such benches, for the benefit of the City in the sum of not less than Twenty-five Thousand ($25,000.00) Dollars for damages resulting to one person, and not less than Fifty Thousand ($50,000) Dollars far damages resulting from one casualty, and to keep such insurance in force during the term of any contract, and to deliver such insurance policy to the office of the City Clerk, and (3) That the Livonia Kiwanis Club and the Jenkins Advertising Company will at all times comply with all State, County and Municipal laws, ordinances, rules and regulations in connection with the use, installation and maintenance of the aforesaid park benches. The President declared a recess at 9:17 P. M., after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. The City Clerk, Marie W. Clark, read the report from Herald Hamill, Engineer, dated December 9, 1954, regarding the request for lighting in Rosedale Gardens. By Councilman Kleinert, seconded by Councilman Whitehead and unanimously Page 1704 adopted, it was #1933 RESOLVED that, pursuant to the provisions of Section 7 of Ordinance No. 31, as amended by Ordinance No. 46, a Public Hearing shall be held on January 24, 1955 at 8:00 P. M., on the question as to whether or not street lights shall be installed in Rosedale Gardens Subdivisions No. 9, 10, 11 and 12, the cost of which will be defrayed by special assessment; and the City Clerk is hereby directed to give notice to all property owners as required in said Section 7 of Ordinance No. 31, as amended. The City Clerk read a letter dated December 31, 1954 from Miller, Canfield, Paddock and Stone, regarding a park site in Section 34. By Councilman Edgar, seconded by Councilman Jones and unanimously adopted, it was #1934 RESOLVED, that the matter of purchase of a park site in Section 34 of the City of Livonia be referred to the City Attorney to check the legality and the City Engineer for legal description of the property. The City Clerk read a letter from the Livonia Public Schools dated December 15, 1954, also memo of agreement. By Councilman Jones, seconded by Councilman Killam and unanimously adopted, it was #1935 RESOLVED, that the recommendation of Dr. Cole S. Brembeck dated December 15, 1954, for purchase of property in Section 13 be referred to the City Attorney for report and recommendation at the next regular meeting of the Council , January 10, 1954. The City Clerk, Marie W. Clark, read the petition of Robert Eoff, et al, letter to Herald Hamill, Engineer dated December 15, 1954, and letter from Herald Hamill dated December 24, 1954. By Councilman Whitehead, seconded by Councilman Jones and unanimously adopted, it was #1936 RESOLVED, that the petition of Robert Eoff, et al, for change of easement in Bell Creek Farms Subdivision, be referred to the City Attorney far a report on procedure, to be given at the next regular meeting of the Council , January 10, 19 54. itimo The City Clerk read a letter dated December 17, 1954 from Fire Chief Calvin Roberts regarding the State Housing Code. By Councilman Kleinert, seconded by Councilman Carey, it was Page 1705 #1937 RESOLVED, that the request of the Fire Chief for an opinion on whether or not the City has adopted the State Housing Code be referred to the Executive Department for necessary action. President Daugherty relinquished the chair to Councilman Jones at 10:20 P. M. By Councilman Daugherty, seconded by Councilman Killam, it was #1938 RESOLVED, that resolution 1937 be amended to include the request that a copy of an opinion from the City Attorney be submitted to each mem- ber of the Council, regarding the State Housing Code. A roll call vote was taken on resolution #1938, with the following result: AYES: Jones, Killam, Whitehead, Carey, Edgar and Daugherty. NAYS: Kleihert. The Chairman declared the resolution adapted. A roll call vote was tarn on resolution #1937, with the following result: AYES: Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: None. President Daugherty resumed the Chair at 10:23 P. M. The City Clerk read letters from the City Planning Commission dated July 15, 1954 on Livonia Estates Subdivision No. 3, letter dated December 22, 1954, from Herald Hamill and letter dated December 27, 1954, from the Mayor. By Councilman Whitehead, seconded by Councilman Kleinert and unanimously adopted, it was #1939 RESOLVED that, Mr. David Lewis, Durable Homes, Inc., 17311 Wyoming, Detroit 21, Michigan, as proprietor, having requested the City Council to approve the proposed plat of the following Subdivision: Livonia Estates Subdivision No. 3, located in the Southwest 1/4 of Section 36, City of Livoni a, Mich igan, and it appe ari ng that tentative approval of said proposed plat was given by the City Planning Commission under date of July 15, 1954; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Department of Public Works under date of December 22, 1954; 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) of the City of Livonia and the rules and regulations of the Department of Public Works, within a period of two years from the date of this resolution; (Ord. 44 as amended by Ord. 86) ; Page 1706 (2) That the installation of such improvements shall be super- vised and inspected by the Department of Public Works and such iMm 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. 44; and Ordinance No. 86; (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 following amount: $181,950.00, Water Mains $22,800.00 Storm Sewers 75,600.00 Sanitary Sewers 22,800.00 Concrete Paving 45,000.00 Concrete Walks 15,750.00 TOTAL: $181,950.00 and until all inspection fees and other charges due to the City of Livonia have been fully paid; and (4) On full compliance with the above three conditions and with the provisions of said Plat Ordinance, the City Clerk is hereby 110 authorized to affix her signature to said Plat as evidence of this approval. The City Clerk read a letter from Herald Hamill dated December 22, 1954, regarding the bond for Pearl Wilson Subdivision No. 4. By Councilman Kleinert, seconded by Councilman Carey and unanimously adopted, it was #1940 RESOLVED that, Mr. David Lewis, 17311 Wyoming, Detroit 21, Mich- igan, as proprietor, having requested the City Council to approve the pro- posed plat of the following Subdivision: Pearl Wilson Subdivision No. 4, located in the Southwest 1/4 of Section 36, City of Livonia, Michigan, and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of January 19, 1954; 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 December 22, 1954; the City Council does hereby approve said proposed plat on the following conditions: (1 All of such improvements shall be installed in confbrmance with the Plat Ordinance (No. 44) of the City of Livonia and the rules and re gulat ions of the Department of Public Works, within a period of two years from the date of this resolution; (0rd. 44 as amended by Ord. 86); (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improve- Page 1707 ments shall not be considered as having been satisfactorily in- stalled until there is filed with the Council a Certificate as lior provided in Section 14 of said Ordinance No. 44; and Ordinance No. 86; (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 amount: Water Mains $21,000.00 Storm Sewers 50,000.00 Sanitary Sewers 18,900.00 Concrete Paving 60,000.00 Sidewalks 20,000.00 TOTAL: $169,900.00 and until all inspection fees and other charges due to the City of Livonia have been fully paid; and (4) On full compliance with the above three conditions and with the provisions of said Plat Ordinance, the City Clerk is hereby authori zed to affix her signature to said Plat as evidence of this approval. Iftw The City Clerk, Marie W. Clark, read resolution adopted by the City Council October 5, 1954 on Smiley-Ringwald Subdivision, letter from Herald Hamill dated December 17, 1954, and letter dated December 23, 1954 from the Mayor. BY Council man Edgar, seconded by Councilman Jones and unanimously adopted, it was #1941 RESOLVED, that, Smiley-Ringwald, Inc., 6500 Schaefer Road, Dearborn, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Smiley- Ringwald Sgbdivision,located in the Northwest corner of Henry Ruff and Joy Road in the Southwest 1/4 of Section 35, City of Livonia, Michigan, and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of February 23, 1954; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Depart- ment of Public Works under date of December 17, 1954; the City Council ddes 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) of the City of Livonia and the rules and regulations of the Department of Public Works, within a period of two years from the date of this resolution; (Ord. 44 as amended by Ord. 86) ; (2) That the installation of such improvements shall be super- vised and inspected by the Department of Public Works and such Page 1708 improvements shall not be considered as having been satisfactorily ihro installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 44; and Ordinance No. 86; (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 following amount: Water Main $11,100.00 Sanitary Sewer 12,420.00 Storm Sewer 20,200.00 Concrete pavement 23,700.00 Sidewalk 7,800.00 Total 75,220.00 RECOMMENDED BOND $76,000.00 and until all inspection fees and other charges due to the City of Livonia have been fully paid; and (4) On full compliance with the above three conditions and with the provisions of said Platt Ordiniance, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. The City Clerk read a letter dated December 16, 1954 from the City Planning Commission as to Petition No. Z-72. By Councilman Killam, seconded by Councilman Whitehead and unanimously adopted, it was #1942 RESOLVED, that the report and recommendation of the City Planning Commission dated December 16, 1954 on Petition No. Z-72 are approved and such petition is hereby denied. Councilman Jones introduced the following Ordinance: NO. AN ORDINANCE AMENDING SECTIONS 9, 22, 31, 32, 33 AND 36, OF THE ZONING MAP OF THE CITY OF LIVONIA, AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NJ. 60, OF THE CITY OF LIVONIA, BY ADDING (HERETO SECTIONS 3.43, 3.44, 3.45, 3.46, 3.47, 3.48, 3.49, 3.50, 3.51 AND 3.52. 1620 THE CITY (F LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission dated November 11, 1954, November 26, 1954 and December 9, 1954, on Petitions No. Page 1709 Z-65, Z-66, Z-67, Z-69, Z-71, Z-73, Z-75, Z-77, Z-78 and Z-79, to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings heretofore conducted on such petitions, are hereby approved. Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60 of the City of Livonia, is hereby amended by adding thereto the following sections: Section 3.43. Petition No. Z-65 of V. R. Breidenbach, et al, is hereby granted; 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 Northwest 1/4 of Section 31 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3.44. Petition No. Z-66 of V. R.Breidenbach, et al, is hereby granted; 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 Northwest 1/4 of Section 31 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3.45. Petition No. 2-67 of Irving Levine, et al, is hereby granted; 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 Southeast 1/4 of Section 22 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3.46. Petition No. Z-69 of D. A. Laven is hereby granted; 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 Southeast 1/4 of Section 32 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3.47. Petition No. Z-71 of Jesse M. Cook, et al, is hereby granted; th e zoning classification of the premises described in said petition is hereby changed from R-U-F-B to R-i-B as requested in said petition; and the South 1/2 of Section 33 and the Southwest 1/4 of Section 32 of said Zoning Map is hereby amen1ed to conform to the change made in this section. Section 3.48. Petition No. 2-73 of Charles Helman, et al, is hereby granted; the zoning classification of the premises described in said petition is hereby changed from AGB to R-1-B as requested in said petition; and the Northeast 1/4 of Section 9 of said Zoning Map is here- by amended to conform to the change made in this section. Section 3.49. Petition No. Z-75 of Irving Hermanoff, et al, is hereby granted; 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 East 1/2 of Section 32 and the West 1/2 of Section 33 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3.50. Petition No. 2-77 of David Lewis is hereby granted; 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 Southwest 1/4 of Section 36 of said Zoning Map is hereby amended to conform to the change made in this section. Page 1710 Section 3.51. Petition No. Z-78 of David Lewis is hereby granted; 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 Southwest 1/4 of Section 36 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3.52. Petition No. Z-79 of Harold M. Luvisch, et al, is hereby granted; 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 33 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 11 of the Zoning Map of the City of Livonia" showing all of the amendments and changes made in the foregoing 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 mt be construed as affecting the validity of any of the remaining portion of this ordinance. The above ordinance was placed on the table for consideration at the next regular meeting of the Council , January 10, 1955. The City Clerk, Marie W. Clark, read a lette r dated December 16, 1954, from the City Planning Commission req sting compensation for Peter A.Ventura for court appearances. By Councilman Whitehead, seconded by Counci1man Kleinert and unanimously adopted, it was #1943 RESOLVED, that the request of the City Planning Commission dated December 16, 1954, for Peter A. Ventura for compensation for court appearances be tabled to a meeting of the Committee of the Whole for further study. The City Clerk read a letter dated December 13, 1954 from the Police Department requesting approval for capital expenditure. By Councilman Carey, seconded by Councilman Whitehead, it was #1944 RESOLVED, that the request of the Police Department dated December 13, 1954 to purchase Motorola Radios in the amount of $1,800.00, is hereby approved and notice of publication of bids is waived. Page 1711 A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: Jones. The President declared the resolution adopted. The City Clerk read the request of the Justice Court dated December 3, 1954, for purchase of a typewriter. By Councilman Edgar, se corded by Councilman Whit eh ead, it was #1945 RESOLVED, that the request of the Justice Court for the purchase of a typewriter at $182.50, be granted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: Jones. The President declared the re solution adcp ted. The City Clerk read a letter from the Boam Company dated December 21, 1954, addressed to Herald Hamill, Engineer; letter from Mr. Hamill dated December 23, 1954 and letter from the Mayor dated December 27, 1954. By Councilman Killam, seconded by Councilman Carey and unanimously Adopted, it was #1946 RESOLVED, that an ex tension of time on the Boam Company Water Supply System Contract No. 3 for installation of 36" tater main be and hereby is approved for a period of ninety (90) days following notification to the Boam Company that the necessary rights of way have been secured. The City Clerk, Marie W. Clark, read a letter from Burt Homes, Inc., dated December 24, 1954, addressed to John Daugherty, Chairman of the Sewer Committee. By Councilman Kleinert, seconded by Councilman Killam and unanimously adopted, it was #1947 RESOLVED, that the City Council, having considered the letter from Burt Homes, Inc., regarding the inst allatio n o f sanitary sewer in Section 22, does hereby direct the City Clerk to notify Mr. Irving Levine of Burt Home s, Inc. , that the Council does not find it feasible to change the original sewer plans as prepared by Jerome Company, inasmuch as facilities have already been provided for the school in said section. Page 1712 On motion of Councilman Whitehead, seconded by Councilman Killam and unanimously adopted, this 133rd regular meting of the City Council was duly adjourned at 11:22 P. M., December 27, 1954. , f !� Mare W. Clark, City Clerk Attested: �J r • Jo' • T. Daugherty, Presid - the Cou ,: 1 44- Rudolf �Rudolf . Kleinert, Vice President of the Council