HomeMy WebLinkAboutCOUNCIL MINUTES 1959-02-09 rage 'tut
MINUTES OF THE TWO HUNDRED SEVENTIETH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On February 9, 1959, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President at approximately 8:36 P. M.
Councilman Kleinert delivered the invocation. Roll was called with the following
result: Present-- Austin T. Grant, Rudolf R. Kleinert, Robert Sasser, Jack Salvadore
and James R. McCann. Absent-- Frank O'Neill and Sydney B. Bagnall.
By Councilman Kleinert, seconded by Councilman Sasser and unanimously
adopted, it was
#80-59 RESOLVED that, the minutes of the 269th regular meeting of the
Council of the City of Livonia held January 26, 1959, aril the adjourned
269th regular meeting held February 2, 1959, are hereby approved.
By Councilman Salvadore, seconded by Councilman Sasser, it was
#81-59 RESOLVED that, pursuant to the report and recommendation of the
Superintendent of Operations Division and the Director of Public works
dated January 22, 1959, the Council does hereby accept the bid of Ellis
and Ford Mfg. Company, 21i23 Goodrich Avenue, Ferndale 20, Michigan, for
supplying to the City water service parts and fittings at their submitted
bid of $7,259.96, such having been the lowest total bid received for these
items, and the City Clerk is 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 result:
AYES: Salvadore, McCann, Kleinert, Sasser and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Salvadore, it was
#82-59 RESOLVED that, having considered the report and recommendation
of the Director of Public Safety dated January 20, 1959,, supplemented by
letter dated February 3, 1959, from the Budget Director, the Council does
hereby accept the bid of G.C. North Brothers, Inc., 30000 Ford Road, Garden
City, Michigan, for the purchase of five (5) motor vehicles (1 Standard
6-cylinder Stationwagon and four (L ) 2-door 6-cylinder Sedans) at the sub-
mitted bid price of $9,394.69, and further, having considered such recom-
mendation approved of by the Budget Director, the Council does hereby trans-
fer from the Unappropriated Surplus to Police Department Budget Account No.
70-E (Auto Replacements) the sum of $410.89, to be used for purchasing such
five (5) vehicles, which vehicles are being purchased without trade-in.
A roll call vote was taken on the foregoing resolution with the following result:
Page 3788
AYES: Salvadore, McCann, Kleinert, Sasser and Grant.
NAYS: None.
By Councilmai Kleinert, seconded by Councilman Sasser and unanimously
adopted, it was
#83-59 RESOLVED that, the Council having considered the offer of
Mr.
W. H. Moloney, 33825 Perth, Livonia, and Mr. E. Gibson, 33857 Perth,
Livonia, to sell their property to the City, the Council has determined
that such offer is not acceptable and does hereby reapeot5Ely reject
such offer.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#811-59 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer dated January 9, 1959, the Council does hereby
grant permission to the Rouge Building Company, 20063 James Couzens High-
way, Detroit 35, Michigan, to make the sewer extension to Six Mile Road
and Farmington Road referred to in the above letter; provided, however, that
such permission is subject to the following conditions:
(1) That the entire cost of this project will be borne by
the Rouge Building Company;
(2) That such installation shall be in accordance with the
plans and specifications prepared by Pate & Hirn, Consulting
Engineers, dated June 17, 1958, and approved by the Engineering
Division;
(3) That the proprietor pay those inspection fees chargeable
under the provisions of the Plat Ordinance, No. 135, as €mended.
By Councilman Salvadore, seconded by Councilman Kleinert and unanimously
adopted, it was
#85-59 RESOLVED that, having considered the request of David Lewis,
17311 Wyoming Avenue, Detroit 21,Nichigan, the Council does hereby amend
Item No. 4 (a) of Council resolution #599-58 adopted on September 22, 1958,
to read as follows:
"That the proprietor provide an adequate screen planting
surrounding said retention basin and outside of the re-
quired chain link fence, as provided in the plans and
specifications which is approved of and acceptable by
the Department of Public Works."
The Ordinance entitled, "An Ordinance Vacating Portions of Street, Alley
and Public Ground", introduced on January 26, 1959, by Councilman Kleinert, was
taken from the table and a roll call vote conducted thereon with the following result:
Page 3789
AYES: Salvadore, McCann, Kleinert, Sasser and Grant.
NAYS: None.
The President declared the ordinance duly adopted and would become effective on
date of publication.
The Ordinance entitled "An Ordinance Amending Sections 2, 12, 114. and 30
of the Zoning Map of the City of Livonia, and Amending Article 3.00 of the Zoning
Ordinance, Ordinance No. 60, as amended, of the City of Livonia by Adding Thereto
Sections 3.186, 3.187, 3.188 and 3.189," introduced on January 26, 1959 by Councilman
Sasser, was taken from the table and a roll call vote conducted thereon with the
following result:
AYES: Salvadore, McCann, Kleinert, Sasser and Grant.
NAYS: None.
The President declared the ordinance duly adopted and would become effective on
date of publication.
The Ordinance entitled "An Ordinance Amending Section 4.04 of Ordinance
No. 60, as amended, of the City of Livonia entitled, 'Zoning Ordinance of the City
of Livonia'," introduced on January 26, 1959 by Councilman Sasser, was taken from
the table and a roll call vote conducted thereon with the following result:
Loa AYES: Salvadore, McCann, Kleinert, Sasser and Grant.
NAYS: None.
The President declared the ordinance duly adopted aid would become effective on
date of publication.
The Ordinance entitled "An Ordinance to Amend Sections 2, 3, and 5 of
Ordinance No. 167 of the City of Livonia entitled, 'An Ordinance to Establish the
Sessions for the Municipal Judge; the Hours aid Place of Holding Court; to Provide
for the Regulation of Hearing Dates; to Establish Jurisdiction of Civil Actions;
and to Provide for the Appointment and Compensation of a Substitute Municipal Judge',"
introduced by Councilman Sasser on February 2, 1959, was taken from the table and a
roll call vote conducted thereon with the following result:
AYES: Salvadore, McCann, Kleinert, Sasser and Grant.
NAYS: None.
The President declared the ordinance duly adopted and would become effective on
date of publication.
By Councilman Salvadore, seconded by Councilman Sasser and unanimously
adopted, it was
#86-59 RESOLVED that, having considered the City Planning Commission's
recommendation in regard to zoning Petitions No. Z-336 and No. Z-350, the
Council does hereby refer such petitions back to the City Planning Com-
mission with the request that such Commission reconsider their action on
said petitions, and that in the event their original recommendations are
affirmed, to inform the Council as to their reasons for granting one and
denying the other of said petitions, it appearing to the Council that
Page 3790
such petitions contain substantially similar requests in regard to
properties closely situated to one another.
By Councilman McCann, seconded by Councilman Salvadore and unanimously
adopted, it was
#87-59 RESOLVED that, having considered the report and recommendation of
the City Planning Commission dated January 29, 1959, in regard to Petition
No. Z-316 submitted by Frank J. and Viola Volk for change of zoning classifi-
cation in the Northeast 1/4 of Section 17 and the Northwest 1/4 of Section
16 from AGB to R-1-A, the Council does hereby concur with said recommenda-
tion and Petition No. Z-316 is 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 Salvadore and unanimously
adopted, it was
#88-59 RESOLVED that, the Council does hereby acknowledge receipt of the
Annual Audit for the past fiscal year prepared by Lybrand, Ross Bros. aid
Montgomery, City Auditors, and does hereby refer such audit to the Finance
Committee for its report and recommendations in regard thereto.
By Councilman Sasser, seconded by Councilman Kleinert and unanimously
adopted, it was
#89-59 RESOLVED that, having considered the report and recommendation
of the City Planning Commission dated January 15, 1959, as to Petition No.
Z-324 as submitted by Mildred Melow, Abbie Curtis Scheunemann and Eckles
Development Company, for change of zoning in the Northeast 1/4 of Section
19 from RUFB to C-2, the Council does hereby refer such petition back to the
City Planning Commission with the request that they reconsider and further
study such petition, together with thexecommendation of the City Planner,
and also taking into consideration the apparent excessive commercially
zoned areas in this undeveloped portion of the City.
By Councilman Salvadore, seconded by Councilman Sasser and unanimously
adopted, it was
#90-59 RESOLVED that, having considered the report and recommendation
of the City Planning Commission dated January 1 ., 1959, in regard to Petition
No. Z-333 as submitted by Chester A. Simpson, Heinrich Claus and Eli Broad,
for change of zoning in the Southwest 1/4 of Section 2f rom RUFB to R-1-A,
i,he Council does hereby concur with said recommendation and Petition No.
Z-333 is approved; and the Department of Law is herein instructed to prepare
an ordinance amending Ordinance No. 60 in accordance with this resolution.
By Councilman Sasser, seconded by Councilman Salvadore and unanimously
adopted, it was
Page 3791
#91-59 RESOLVED that, having cpnsidered the report and recommendation
of the City Planning Commission dated January 29, 1959, in regard to Petition
No. Z-337 as submitted by Leonard J. Grabor onbehalf of Oakview Homes, Inc.,
for change of zoning in the Southeast 1/14 of Section 23 from RUFB to PS,
the Council does hereby concur with said recommaidation and Petition No.
Z-337 is approved; and the Department of Law is herein instructed to pre-
pare an ordinance amending Ordinance No. 60 in accordance with this
resolution.
Marie do Clark, City Clerk, read a letter from Kenneth M. Phillips asking
to anend Petition No. Z-339 for change of zoning to C-1 instead of PS.
By Councilman Sasser, seconded by Councilman Salvadore„ it was
#92-59 RESOLVED that, having considered the report and recommendation
of the City Planning Commission dated 4anuary 19, 1959, in regard to
Petition No. Z-339 as submitted by Kenneth M. Phillips for change of zoning
classification ih the Southwest 1/4 of Section 36 from RUFB to C-1, the
Council does hereby reject the recommendation of the Planning Commission
that said property be zoned as PS, and does hereby concur and approve the
change in zoning classification to C-1, as requested in the original petition;
and the Department of Law is hereby instructed to prepare an ordinance amead-
ing Ordinance No. 60 in accordance with this resolution; that the only
reason the Council rejects said recommendation is that petitioner cannot
obtain financing under PS zoning; and further that petitioner has by letter
dated February 6, 1959 to Council, stated that he would only erect structures
within said zone that are permissible in a PS District.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore„ McCann and Sasser.
NAYS: Kleinert and Grant.
The President declared the resolution adopted.
By Councilman Sasser, seconded by Councilman Kleinert and unanimously
adopted, it was
#93-59 RESOLVED that, having considered the report and recommendation
of the City Planning Commission dated January 29, 1959, in regard to
Petition No. Z-352, as submitted by Irwin I. Cohn on behalf of Laup, Inc.,
for change of zoning classification in the Northwest 1/4 of Section 26
from RUFB to M-1, the Council does hereby concur with said recommendation
and the Council approves such petition insofar as parcels 1, 2, 3, 4 and
5 are concerned, but specifically excludes from this approval Parcel 6,
all such parcels are designated on the map attached to the said petition;
and the Department of Law is hereby instructed to prepare an ordinance
amending Ordinance No. 60 in accordance with this resolution.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
Page 3792
#94-59 RESOLVED that, pursuant to the request contained in a letter
dated January 2L, 1959, from the Merriman-Six Improvement Association,
the Council does herein authorize and request the City Clerk to make ap-
plication to the Detroit Edison Company, on forms provided by such company,
for the installation of street lamps of suitable lumen strength to be in-
stalled Qt the intersections of Merriman and Six Mile Road and Merriman
and Seven Mile Road, it being the determination of the Council that such
intersections require lighting in order to protect the public safety of
the residents of this community.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Kleinert, Sasser and Grant.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Sasser and unanimously
adopted, it was
#95-59 RESOLVED that, the letter from Donald C. Deremo dated January
22,1959, antehalf of Merucci Bros. Excavating and Sewer Contractors, re-
questing permission to make a water connection to the Livonia Water System
to service certain property located in Farmington Township, is hereby re-
ferred to the Water and Sewer Board for its consideration and recommendation.
By Councilman Sasser, seconded by Councilman Salvadore„ it was
#96-59 RESOLVED that, pursuant to the report and recommendation of the
Chief City Engineer dated January 29, 1959, the Council does hereby amend
Item No. 3 of Council resolution #21-58 adopted on January 6, 1958, so
as to require a bond in the amount of $33,000.00 to insure improvements
in the Joy Ann Subdivision No. 2.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore„ McCann, Kleinert, Sasser and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Sasser, it was
#97-59 RESOLVED that, having considered the report and recomrendatioh
from the Chief City Engineer dated January 29, 1959, the Council does hereby
grant to the Terra Construction Company, Inc., an extension of time, until
May 6, 1959, within which period to construct the additions to the water
system in Section L of that projects and further, the Chief City Engineer
is herein authorized to approve the EXTENSION OF THE TO COMPLETE CONTRACT
form dated January 20, 1959, aubmitted to the City by the above contractor.
A roll call, vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Kleinert, Sasser and Grant.
NAYS: None.
Page 3793
By Councilman Salvadore, seconded by Councilman Sasser, it was
#98-59 RESOLVED that, having considered the request of Mrs. A. J.
Gannon, 18867 Milburn, Mrs. Joseph Holman, 18725 Sunset and Mr. Victor
Grusendorf, 18975 Milburn, residents of Beverly Gardens Subdivision, and
having also considered the recommendation of the Water and Sewer Board
dated January 30, 1959, the Council does herein approve such request,
and pursuant to authority granted to the Council in Section 6.2 of Article
VI of Ordinance No. 221 , does herein determine that such petitioners shall
pay the sewer connection fee that would have been applicable to their
respective properties prior to December 1, 1958.
A roll call vote was taken on the foregoing resolution with the following result :
AYES: Salvadore, McCann, Kleinert, Sasser and Grant.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Kleinert, it was
#99-59 RESOLVED that, having considered the report and recommendation
of the Water and Sewer Board dated January 20, 1959, and the Council
recognizing that the County of Wayne has increased its sewage disposal
rates and has requested an additional charge for connection to sewers,
the Council does herein authorize the Water and Sewer Division to add
to the water bills andapplications for sewer connections the appropriate
charges which have been levied, and which rates are contained in a
letter dated December 22, 1958, received from the Board of County Road
Commissioners.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Salvadore, McCann, Kleinert, Sasser and Grant.
NAYS: None.
By CouncilmanSasser, seconded by Councilman Salvadore, it was
#100-59 RESOLVED that, Mr. Joseph L. Rasak, Rasak Building Company,
31611 Plymouth Road, Livonia, Fachigan, as proprietors, having requested
the City Council to approve the proposed plat of the following Subdivision:
Rasak Subdivision No. 2, located in the Northeast 1/L of Section 9, City
of Livonia; and it appearing that tentative approval of said proposed plat
was given by the City Planning Commission under date of May 20, 1958; and
it further appearing that said proposed plat, together with the plans and
specifications for improvements therein, have been approved by the D apart-
ment of Public Works under date of January 15, 1959, 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. 135) as amended, of the City of
Livonia, aid the rules and regulations of the Department of
Public Works, within a period of two 2) years from the date
of this resolution;
Page 3794
(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 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 been satisfactorily
installed or, in lieu thereof, there is filed with her by said
proprietors a bond to the City of Livonia, insuch form as may
be approved by the City Attorney, and in the following amounts
- - - - Twenty-five Thousand Dollars - - - ($25,000.00) - - - -
and until all inspection fees and other charges due to the City
of Livonia have been fully paid;
(4) That the proprietor submit to the City Engineer as-built
plans of all improvements installed in the subdivision, on cloth
reproducible material;
(5) That the proprietor install septic tanks of not less than
1,000 gallon tank capacity, and in connection therewith, install
a minimum of 350 feet of tile, and that the proprietor comply
with all other requirements as have been or may be imposed by
the City or the Wayne County Health Department;
(6) 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.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, Kleinert aid Sasser.
NAYS: Grant.
The President declared the resolution adopted.
By Councilman Salvadore, seconded by Councilman Sasser and unanimously
adopted, it was
#101-59 RESOLVED that, the report of the Engineering Division dated
February 2, 1959, regarding the Sanitary Sewer System in Coventry Gardens
Subdivision, is hereby referred to the Sewer and Water Board for report
and recommendation to the Council within thirty (30) days.
By Couhcilman McCann, seconded by Councilman Sasser, it was
#102-59 RESOLVED that, having considered the letter from the Mayor
dated January 26, 1959, recommending a salary increase for the Director
of Public Safety, the Council does hereby establish the annual compensa-
tion for such position at $3,600.00 per annum, payable monthly, and ap-
Page 3795
proves the sum of 450.00 per month as travel expense for such position,
this compensation and travel expense to become effective February 1, 1959.
A roil call vote was taken on the foregoing resolution with the following result :
AYES: Salvadore, McCann, Kleinert, Sasser and Grant.
NAYS: None.
Councilman Kleinert introduced the following Ordinance:
NO.
AN ORDINANCE AMENDING SECTIONS 11, 20 AND 22 OF THE ZONING MAP
OF THE CITY OF LIVONIA, AND AMENDING ARTICLE 3.00 OF THE ZONING
ORDINANCE, OkDINANCE Nu. 60, AS AMENDED, OF THE CIZY OF LIVCNIA
BY ADDING THERETO SECTIONS 3.190, 3.191 AND 3.192.
THE CITY OF LIVONIA ORDAINS:
Section 1. The reports and recommendations of the City Planning Commission
dated November 25, 1958 on Petitions No. Z-315 as amended, and Petition No. Z-326 as
amended, and dated December 11, 1958 on Petition No. Z-327, as amended, having been
considered by the Council, the Council hereby adopts said petitions to amend the Zon-
is ing Ordinance and the Zoning Map of the City of Livonia, and all proceedings hereto-
fore conducted on said petitions are hereby approved.
Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as
amended, of the City of Livonia, is hereby amended by adding thereto the following
sections:
Section 3.190. Petition No. Z-315, as amended, of Nelson Homes,
Inc., is hereby granted and the zoning classification of the premises
described in said amended petition is hereby changed from RUFB to R-1-A
as requested in said aRended petition, and the Northwest 1/4 of Section 11
of the Zoning Map is hereby amended to conform to the change made in
this section.
Section 3.191. Petition No. Z-326, as amended, of G. H. Pastor
Development Company is hereby granted and the Zoning classification of the
premises described in said amended petition is hereby changed from RUFB to
R-1-A as requested in said petition, and the Northwest and Southwest 1/4
of Section 22 of the Zoning Map is hereby amended to conform to the change
made in this section.
Section 3.192. Petition No. Z-327, as amended, of John F. Uznis
is hereby granted and the zoning classification of the premises described
in said amended petition is hereby changed from AGB to R-1-A as requested
in said amended petition and the Northeast 1/4 of Section 20 of the Zoning
Map is hereby amended to conform to the change made in this section.
Section 3. The attached map designated "Amendment No. 45 of the toning Map
of the City of livonia," showing all of the amendments and changes made in the fore-
going Section 2 of this ordinance, is hereby approved, established and made a part
thereof.
Page 3796
Section 14.. 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.
By Councilman Sasser, seconded by Councilman Salvadore and unanimously
adopted, it was
#103-59 RESOLVED that, Council resolution #709-58 adopted by the Council
on November 10, 1958, is hereby amended so that Item 6 reads as follows:
"That the proprietor submit to the City, a letter agreeing
to record, immediately after the recording of this plat,
all of the requirements contained in condition No. 2 above,
such requirements to be recorded as private deed (use)
restrictions applicable to those lots to be affected
thereby."
On motion of Councilman Kleinert, seconded by Councilman McCann and
unanimously adopted, this 270th regular meeting of the Council of the City of
Livonia was duly adjourned at 9:38 P. M., February 9, 1959.
". Clark, City Clerk