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HomeMy WebLinkAboutCOUNCIL MINUTES 1959-11-23 Page 4182 MINUTES OF THE TWO HUNDRED NINETY-THIRD REGULAR MEETING OF TIE COUNCIL OF THE CITY OF LIVONIA On November 23, 1959, the above meeting was held at 33001 Five ICA Road, Livonia, Michigan, and was called to order by the President at approximately 8:3l. P.M. Councilman Salvadore delivered the invocation. Roll. was called with the following results Present— Austin T. Grant, Frank O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert and Jack Salvadore. Absent-- Robert Sasser and James R. McCann. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #755.59 RESOLVED that, the minutes of the 292nd regular meeting of the Council of the City of Livonia, held on November 16, 1959, are hereby approved. Marie W. Clark, City Clerk, presented to the Council Mayor Brashear's veto message dated November 23, 1959, on resolution #740-59, adopted by the Council on November 16, 1959. No action was taken by the Council, therefore the veto of resolution #7110-59 stands. By Councilman Bagnall, seconded by Councilman Kleinert, it was #756-59 RESOLVED that, having considered the report and recommendation of the Budget Director dated November 23, 1959, recommending that the Public Employees Faithful. Performance Blanket Position Bond be awarded to the Advance Agency, Inc., for a term of three years commencing November 20, 1959; and it appearing to the Council that said agency in fact sub- ndtted the low bid for said Bond, that said agency is hereby awarded said contract according to terms and specifications of the bid therefor. A roll call vote was taken on the foregoing resolution with the following results AXES: Kleinert, Salvadore, O'Neill, Bagnall. and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Salvadore, it was #757-59 RESOLVED that, Klein & Shenkman, Inc., 13809 Puritan Avenue, Detroit 27, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivisions Westpointe Subdivision, located in part of the Southeast 1/4 of Section 2, City of Livonia; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of June 2, 1959; and it further appearing that said proposed plat, together with the plans Page 483 and specifications for improvements therein, have been approved by the Department of Public Works under date of November 6, 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, at' 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 resoluta on; (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 i mprovemants have been s atis f actorily installed or, in lieu thereof, there is filed with her by said proprietors a bond to the City of Livonia, in such f oral as may be approved by the City Attorney, and in the following amounts Surety: $243,000.00 Cash: $ 27,000.00 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 subdivisi on, on cloth reproducible material; (5) 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; provided, however (a) That no Certificate of Occupancy shall be issued by the City prior to the completion of improvements presently proposed to the Livonia Water Supply System, which improve- ments are calculated to be completed on or about July lr 1960. A roll call -tote was taken on the foregoing resolution with the following results AYES: Kleinert, Salvadore, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Salvadore, it was #758-59 RESOLVED that, after due consideration of the report and recom- mendation of the Superintendent-Operations Division, dated September iii, 1959, approved by the Director of Public Works, the Council does hereby reject all bids received for the interior painting of the City Hail, the Council having determined that it is not necessary for such building to be painted at the present time. Page 4184 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Salvadore, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman O'Neill and uraaimously adopted, it was #759-59 RESOLVED that, consideration of the Ordinance Amending Section 10.02 of Article 10.00 of Ordinance No. 60, the Zoning Ordinance, be tabled to the next regular meeting of the Council. By Councilman Salvadore, seconded by Councilman Bagnall, it was #760.59 RESOLVED that, pursuant to the report and recommendation of the City Planning Commission dated November 11, 1959, in regard to Petition No. Z-1403 as amended, submitted by John B. and Glenna F. Hulett for change of zoning in the Northeast 1/4 of Section 22 from R-1-B to PS, the Council does hereby approve of and grant the said Petition No. Z-403; and the Depart.. ment of Law is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution; provided, however, that the Bureau of Inspection is hereby notified that the use of this property for PS purposes is to be consistent with the plot diagram attached to the said petition and that the same shall be considered prior to the issuance of any permit or certificate requested to be issued in connection with the use of these premises; and provided further that the petitioneras a condition of this approval, shall file a copy of such plot diagram with the Bureau of Inspection prior to December 5, 1959. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, O'Neill, Bagnall and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #761-59 RESOLVED that, pursuant to the report and recommendation of the City Planning Commission dated November 11, 1959, in regard to Petition No. Z-405 initiated by the Planning Commission on its own motion, the Council does hereby deny such petition for the reasons contained in the aforementioned report of the Planning Commission. By Councilman Kleinert, seconded by Councilman Salvadore and unanimously adopted, it was #762-59 RESOLVED that, pursuant to the report and recommendation of the City Planning Commission dated November 11, 1959, in regard to Petition Page 4185 No. Z-411 submitted by Clarence Charest for and on behalf of Susan E. Tice and Madoline Bazo for change of zoning in the Southeast 1/4 of Section 33 from RUFB to PS the Council does hereby approve of and grant the said Petition No. Z- ; and the Department of Law is 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 #763.59 RESOLVED that, consideration of Petition No. 2-415 submitted by Max Baskin, et al, for change of zoning in the Northeast 1/4 of Section 31 from R-3 to C-2 be tabled to the next regular meeting of the Council. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #764-59 RESOLVED that, pursuant to the report and recommendation of the City Planning Commission dated Novenber 11, 1959, in regard to Petition No. Z-417 submitted by E. C. Schubiner of Elmdale, Inc., for change of zoning in the Southwest 1/4 of Section 14 from RUFB to R-1-A, the Council does hereby approve of and grant the said Petition No. Z-417; and the Department of Law is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Salvadore, seconded by Councilman Bagnall and unanimously adopted, it was #765-59 RESOLVED that, having considered the communication from the Livonia Gardens Civic Association dated November 14, 1959, the Council does hereby request that the City Planning Commission consider designating for future park purposes, and in that connection designating on the Master School and Park Plan, that parcel of property approximately ten acres in area situated west of Jackson School in Section 22 of the City of Livonia. By Councilman Bagnall, seconded by Councilman Kleinert, it was #766-59 RESOLVED that, pursuant to the reports and recommendations of the Chief City Engineer dated Novenber 13, 1959, and approved by the Director of Public Works, the Council does hereby amend Item No. 3 of resolution #213-59 adopted on April 13, 1959, so as to reduce the bond far remaining improvements in the Meadowview Subdivision to $15,000.00; in Meadowview Subdivision No. 2 to $6,000.00; and in Meadowview Subdivision No• 3 to $8,000.00; and the City Clerk is hereby authorized to do all things necessary cr incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following results AYES: Kleinert, Salvadore, 0'Neill, Bagnall and Grant. NAYS: None. Page !4186 By Councilman Kleinert, seconded by Councilman Bagnall, it was #767-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated November 13, 1959, and approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolu- tion #326-58 adopted on May 26, 1958, so as to reduce the bond for remaining improvements in Koloff's Greenbrier Meadows Subdivision No. 2 to the amount of $4,000.00; and the City Clerk is hereby authorized to do all things nec- essary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Bagnall, Salvadore, O'Neill and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Salvadore, it was #768-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated November 13, 1959, and approved by the Director of Public Works, the Council does hereby amend Item No. 3 of Council resolu- tion #327-58 adopted on May 26, 1958, so as to reduce the bond for remaining improvements in Koloff's Greenbrier Meadows Subdivision No. 3 to the amount of $9,000.00; and the City Clerk is hereby authorized to do all things neces- sary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Salvadore, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Kleinert, it was #769-59 RESOLVED that, pursuant to the report and recommendation of the Superintendent-Operations Division dated November 17, 1959, and approved by the Director of Public works, the Council does hereby accept the byld of the Plymouth Oil Company, 13777 Plymouth Road, Detroit 27, Michigan, for supplying gasoline to the City of Livonia at their submitted bid price of $.1195 per gallon with 1% discount, the same having been in fact the lowest bid received for such item. A roll call vote was taken on the foregoing resolution with the following results AYES: Kleinert, Salvadore, O'Neill, Bagnall and Grant. NAYS: None. By Councilmen Kleinert, seconded by Councilman Bagnall, it was #770-59 RESOLVED that, pursuant to the report and recommendation of the Superintendent-Operations Division dated November 17, 1959, and approved by the Director of Public Works, the Council does hereby accept the bid of the Michigan Chemical Company of St. Louis, Michigan, for supplying the Page 1187 City with liquid calcium chloride at their submitted bid price of 26% Delivered 38% Delivered 38% Shead .029 .0513 $ .0625 such having been in fact the lowest bid received for such item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Salvadore, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Salvadore, seconded by Councilman O'Neill, it was #771-59 RESOLVED that, pursuant to the report and recommendation of the Superintendent-Operations Divi sL on dated November 17, 1959, and approved by the Director of Public Works, the Council does hereby accept the bid of the International Salt Company for supplying rock salt to the City of Livonia at their submitted bid price of $10.40 per ton, such having been in fact the lowest bid received for such item and for the further reason that this City has, during the last six years with this company, been more than satisfied. A roll call vote was taken on the foregoing resolution with the following results AYES: Kleinert, Salvadore, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Salvadore and unanimously adopted, it was #772.59 RESOLVED that, having considered the request of Bernard L. Moshel dated November 10, 1959, and in accordance with the provisions of Act 73 of the Public Acts of 1959, the Council does hereby approve of dividing Lot 18a of Kristensen Estate Subdivision, a part of the Southwest 1/1i of Section 15, T. 1 5., R. 9 E., into two separate parcels, one of which shall comprise the East 1/2 of existing Lot 18a and the other comprising the West 1/2 of exist- ing Lot 18a of the aforementioned Kristensen Estates Subdivision. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #773-59 RESOLVED that, having considered the petition of Shel-Win Builders, Inc., dated November 12, 1959, and in accordance with the provisions of Act 73 of the Public Acts of 1959, the Council does hereby approve of dividing the following lots: the north 150 feet of Lots 28, 29 and 30 of Golf View Woods Subdivision situated in the City of Livonia, into separate parcels in the following manner: (1) The south 187 feet of Lot 28; (2) The South 187 feet of Lot 29; Page 4188 (3) The South 187 feet of Lot 30; (4) The North 75 feet of Lots 28, 29 and 30; and (5) The South 75 feet of the North 150 feet of Lots 28, 29 and 30; all of said parcels being in the aforementioned Golf View Woods Subdivision, situated in Section 14, in the City of Livonia; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds. Councilman Kleinert introduced the following Ordinance: NO. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission dated August 19, 1959 on Petition No. V-46 for vacating portions of a certain street is hereby accepted and adopted, and the Council does hereby approve all proceedings on said petition, it appearing that a public hearing thereon was duly held on July 21, 1959 as provided by law, and that the proper notices of such hearing were given. Section 2. Pursuant to Ordinance No. 29 of the City of Livonia, entitled "An Ordinance Providing the Procedure for Vacating of Streets, Alleys and Public Ground," as amended by Ordinance No. 50, the following portion of a certain street is hereby vacated: (a) That certain street described in said Petition No. V-46, being more properly described as land in the City of Livonia, Wayne County, Michigan, being that part of Hees Avenue in New-Joy Subdivision (L. 83, P. 45 and 46) which lies west of the W. line of Crown Avenue, said land being more particularly described as follows, to wits All that part of the S. E. 1/14 of Section 32, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, which is described as follows: Commencing at the S. E. corner of Section 32, and proceeding thence along the S. line of said Section 32 (which is also the S. line of said New-Joy Subdivision) N. 87° 48' 23" W., 2348.36' to a point thence continuing along the boundary of New-Joy Subdivision N. 2° 08' 27" E., 338.75', and N. 87° 48' 23" W., 232.00', and N. 2° 08' 27" E., 420.74' to the point of beginning of the land herein described; thence along the said boundary of New-Joy Subdivision N. 2° 08' 27" E., 60.01; thence along the N. line of Hees Avenue on a curve concave to the S., radius 1041.50', central angle 6° 36' 00" (the chord of said curve bears S. 84° 33' 33" E., 119.95'), a distance of 120.01' to the W. line of Crown Avenue; thence along said line S. 2° 16' 28" E., 60.41'; thence along the S. line of Hees Avenue on a curve concave to the S., radius 981.90', central angle 6° 59' 49" (the chord of said curve bears N. 84° 21' 38.5" W., 119.83'), a distance of 119.91' to the point of beginning; provided, however, t hat there be and hereby is reserved an 18-foot easement for public utilities and surface drainage. Page 1:189 Section 3. 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 1 . Should any part of this ordinance be held invalid for any reason such holding shall not be construed as affecting the validity or 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 Councilmai Bagnall, seconded by Councilman O'Neill, it was #774-59 RESOLVED that, having considered the request of the Civil Service Commission dated November 13, 1959, the Council does hereby transfer the sum of $50.00 f rom the Unappropriated Surplus to Civil Service Budget Account No. 1-C (Examiner's Fee). Councilman Bagnall requested permission to withdraw his motion on the foregoing resolution, but Councilman O'Neill declined to withdraw his support. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, O'Neill and Grant. NAYS: Balvadore and Bagnall. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Kleinert, it was #775-59 RESOLVED that, having considered the report and recommendation of the Chief City Engineer dated November 11, 1959, approved by the Director of Public Works, the Council does hereby authorize payment of the sum of *170.00 from the Construction Fund of the 1958 Water Revenue Bond Issue to Mr. and Mrs. Ed Mining in accordance with the provisions of a certain Grant of Easement by and between those parties and the City of Livonia dated August 15, 1958; provided, however, that the said Mr. and Mrs. Ed Mai ni g execute to the City a general release relieving the City of Livonia of any and all liability assumed under the provisions of the aforementioned Grant of Easement. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Salvadore, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman O'Neill and unanimously adopted, it was Page 4190 #776-59 RESOLVED that, the request from Samuel S. Simmer, Attorney for Carey Homes, Inc., dated November 11, 1959, that a portion of a certain easement be vacated, is hereby referred to the City Planning Commission for action according to law and Ordinance No. 29. By Councilman Bagnall, seconded by Councilman Salvadore and unanimously adopted, it was #777.59 RESOLVED that, the Council does herein request that the City Assessor prepare and submit a report to the Council indicating the present status of the re-assessment evaluation program undertaken some time ago, jointly by the City of Livonia and the Wayne County Bureau of Taxation. On motion of Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, this 293rd regular meeting of the Council of the City of Livonia was duly adjourned at 9: O P. M., November 23, 1959. 1( / `- '7;4 Z7L. - W. Clark, City Clerk