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HomeMy WebLinkAboutCOUNCIL MINUTES 1958-04-21 Page 3355 MINUTES OF THE TWO HUNDRED FORTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 21, 1958, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan,and was called to order at approximately 8:09 P. M., by the President of the Council. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Frank O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert, Robert Sasser, Jack Salvadore and James R. McCann. Absent-- None. By Councilman Bagnall, seconded by Councilman Sasser and unanimously adopted, it was #229-58 RESOLVED that, the minates of the 242nd regular meeting of the Council of the City of Livonia held April 14, 1958, are hereby approved. The letter dated April 16, 1958, from the Mayor in regard to Wayne County Department of Health services to the City of Livonia was received and placed on file. The letter dated April 16, 1958, from the Mayor in regard to the list of permanent tax exemptions taken from the 1958 assessment roll was received and placed on file. The letter dated April 16, 1958, from the Mayor regarding the results of the auxiliary police program was received and placed on file. By Councilman Sasser, seconded by Councilman McCann, it was #230-58 RESOLVED that, pursuant to the request of the Superintendent of Operations Division and Director of Public works dated March 26, 1958, and approved of by the Mayor and Budget Director, the Council does herein transfer from the Un ppropriated Surplus to the DPW budget account #1-0 (Overtime Account) the sum of $4,000.00 for the reasons stated in the above communication. A rail call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. Mayor William W. Brashear appeared before the Council to deliver a message which contained recommendations for a program of improvements in the City of Livonia, Page 3356 as follows: Garbage and Rubbish City Parks and Recreational Areas Storm Sewers and Drainage Libraries New Industry Civic Improvement Project. The President then requested that the Mayor's message be received and placed on file. By Councilman Kleinert, seconded by Councilman Salvadore, it was #231-58 RESOLVED that, pursuant to the report and recommendation of the Special Fire Apraratus Committee of the Council and having considered the report of the Budget Director dated April 17, 1958, as approved of by the Mayor on that date, the Council does herein accept the bid of the American LaFrance Corporation, 52 E. Woodruff Avenue, Hazel Park 3, Itchigen, for supplying the City with a 1,000 G. P. M. Pumping Engine and a 100 foot Aerial Ladder Apparatus at the submitted bid of $66,002.20, such bid being dated January 13, 1958, and that while such bid was not the lowest bid received, it is being accepted because the Council has determined that substantial benefits will accrue to the City from a standardization of equipment within the Fire Department; provided, however, that the purchase and financing of such apparatus shall be in accordance with the recommendation of the Budget Director referred to above; and the Mayor and City Clerk are herein authorized to do all things necessary to the full performance of this resolution; and further that, in accordance with the above recommendation of the Budget Director, there is hereby transferred from the Unappropriated Surplus to the Fire Department Budget Account #70D (Capital Outlay) the sum of $25,000.00 to be used toward the purchase of the above apparatus. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Sasser, it was #232-58 RESOLVED that, the report of the Finance Committee for the month of March, 1958, is hereby approved and a summary spread on the minutes as follows: General, Administrative and Legislative: $ 7,178.70 Department of Public Safety: 2,047.31 Department of Public works: 35,452.29 Department of Parks and Recreation 4,011.61 Insurance Acquisition ution of Land 7,833.03 831.00 56 523.94 General Ledger Accounts 17,901.75 TOTAL: $74,425.69 Page 3357 A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. By Councilman McCann, seconded by Councilman Salvadore and unanimously adopted, it was #233-58 RESOLVED that, the Department of Law is herein instructed to prepare an amendment to the Zoning Ordinance which will require in R-1 Districts a minimum frontage of seventy (70) feet and a minimum lot area of 8400 square feet as to all future residential construction in such district; and that said proposed amendment shall be prepared as soon as is reasonably possible and returned to the Council for its consideration prior to a public hearing being held on same by the Planning Commission. The hour of 8:30 P. M., having arrived, Marie W. Clark,City Clerk, opened and read the following bids: Councilmen Kleinert and Bagnall were excused at 8:32 P. M. ONE 1958 MODEL 841 FORD TRACTOR 1. Hugh Arms and Sons $4,350.00 Trade-In 1,250.00 2. Broquet Tractor & Equipment Co. 4,200.00 Trade-In 1,200.00 3. Canton Tractor Sales 3,678.00 Trade-In 850.00 4. Cyril J. Burke, Inc. 6,322.00 Trade-In 775.00 5. Bitten Bros. 4,468.30 Net Cash, 30 days 3,400.00 ONE 1958 MODEL 4 WHEEL DRIVE JEEP FORWARD CONTROL FC-150 TRUCK 1. Trailermen Sales and Service $3,486.88 ONE MODEL 1958 600 GALLON ASPEALT,TAR AND EMULSION DISTRIBUTOR 1. Cyril J. Burke, Inc. $3,110.00 ONE 1958 MODEL HYDRAULIC UNDERBODY SCRAPER 1. D. B. Shultz $2,025.00 2. R. G. Moeller Co. 2,294.50 Page 3358 FOUR TWO-WAY RADIO TRANSMITTER-RECEIVER UNITS 1. General Electric Co. $2,132.00 2. Motorola 2,372.88 GRADER AND MAINTAINER BLADES 1. Beach Mfg. Co. $1,826.75 2. D. B. Shults Grader Blades 1,149.00 Maintainer Blades 156.00 Councilman O'Neill was excused at 8:45 P. M. 3. F. Yeager Bridge & Culvert Co. 1,685.65 L1. Cyril J. Burke, Inc. 1,853.92 *ROAD MAINTENANCE AGGREGATE 1. Telischak Trucking Company 2. Edward C. Levy Company *Copies of the foregoing bids are on file in the office of the City Clerk. CONCRETE PIPE 1. Macomb-Oakland Supply Company $8,602.83 2. American Vitrified Products Co. 8,033.90 Councilmen Kleinert, Bagnall and O'Neill returned at 8:53 P. M. CORRUGATED METAL PIPE 1. Beach Mfg. Co. $20,600.91 2. Jensen Bridge & Supply Co. (partial bid) 9,501.80 3. Armco Drainage & Metal Products Co. $19,744.70 Alternate 19,755.70 By Councilman Sasser, seconded by Councilman McCann and unanimously adopted, it was #234-58 RESOLVED that, the foregoing bids are hereby referred to the Director of Public 4orks for report and recommendation. By Councilman Bagnall, seconded by Councilman O'Neill and unanimously adopted, it was Page 3359 #235-58 RESOLVED that, pursuant to the reports and recommendations of the Director of Public Works and Assistant City Engineer dated March 10th and April 17, 1958, in regard to a certain request from Nelson Homes, Inc., dated February 10, 1958, the Council does herein grant to Nelson Homes, Inc., permission to install certain street improvements on Flamingo, Milburn, Hillcrest, Sunset and Clarita Avenues in Beverly Gardens Subdivision in accordance with the plan prepared by the Engineering Division of the Depart- ment of Public Works dated March 10, 1958; and the Council does herein determine to accept the rignts-of-way and easements being tendered to the City of Livonia by the above proprietor for the installation of a certain sanitary sewer line; provided, however, that notwithstanding the permission granted herein the above proprietor shall, upon completion of his plans and specifications for the above improvements submit to the City of Livonia a surety bond in an amount recommended by the Division of Engineering and established by the Council covering the costs of such improvements and that the filing of such bond shall be a condition precedent to the installation of any of the above referred to improvements. The letter dated April 2, 1958, from the Department of Law in regard to a communication from Milton R. Holley in connection with the financing of libraries was received and placed on file. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #236-58 RESOLVED that WHEREAS, pursuant to the direction of the Council, the City Assessor of the City of Livonia has prepared and reported to the Council the proposed assessment roll dated March 27, 1958, covering and containing the special assessment proposed to be assessed and levied respectively in the proposed special assessment district for Antago Avenue between Grand River and Long Avenue, as heretofore established,for the construction of proposed paving improvements in said district as designated by resolutions heretofore adopted by the Council; THEREFOR:., BE IT RESOLVED that the said roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination and that the City Clerk be and hereby is authorized and requested to give notice pursuant to the provisions of Ordinance No. 31 of the City, as amended; that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City at 8:00 o'clock P. M., on Monday, May 19, 1958, to review the said special assessment roll, at which time and place opportunity will be given to all persons interested to be heard; and IT IS FJRTHER RESOLVED that the City Clerk give notice of said hearing by causing a copy of this resolution to be published once in a news- paper published and circulated in said City, at least ten (10) days prior to the date of May 19, 1958, and that the City Clerk also give notice of said hearing by sending written notice thereof to each property owner subject to special assessment by reason of said improvements, the addresses of said property owners to be taken from the last assessment roll in the City Assessor's office. Page 3360 By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #237-58 RESOLVED that WHEREAS, pursuant to the direction of the Council the City Assessor of the City of Livon.:.a has prepared and reported to the Council the proposed assessment roll dated March 27, 1958, covering and containing the special assessment proposed to be assessed and levied respectively in the proposed special assessment district for Mayfield Avenue from Six Mile Road to Curtis Avenue, as heretofore established, for the construction of proposed road drainage improvements in said district as designated by resolutions hereto- fore adopted by the Council; THEREFORE, BE IT RESOLVED that the said roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination and that the City Clerk be and hereby is authorized and requested to give notice pursuant to the provisions of Ordinance No. 31 of the City, as amended, that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City at 8:30 o'clock P. M., on Monday, May 19, 1958, to review the said special assessment roll, at which time and place opportunity will be given to all persons interested to be heard; and IT IS FURTHER RESOLVED that the City Clerk give notice of said hearing by causing a copy of this resolution to be published once in a newspaper published and circulated in said City, at least ten (10) days prior to the date of May 19, 1958, and that the City Clerk also give notice of said hearing by sending written notice thereof to each property owner subject to special assessment by reason of said improvements, the addresses of said property owners to be taken from the last assessment roll in the City Assessor's office. By Councilman Salvadore, seconded by Councilman Sasser and unanimously adopted, it was #238-58 RESOLVED that WHEREAS, pursuant to the direction of the Council, the City Assessor of the City of Livonia has prepared and reported to the Council the proposed assessment roll dated March 27, 1958, covering and containing the special assessment proposed to be assessed and levied respectively in the proposed special assessment district for Fairfield Avenue from Six Mile Road to Curtis Avenue, as heretofore established, for the construction of proposed road drainage improvements in said district as designated by resolutions hereto- fore adopted by the Council; THEREFORE, BE IT RESOLVED that the said roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination and that the City Clerk be and hereby is authorized and requested to give notice pursuant to the provisions of Ordinance No. 31 of the City, as amended, that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City Page 3361 of Livonia will meet in the City Hall in said City at 9:00 o'clock P. M., on Monday, May 19, 1958, to review the said special assessment roll, at which time and place opportunity will be given to all persons interested to be heard; and IT IS FURTHER RESOLVED that the City Clerk give notice of said hearing by causing a copy of this resolution to be published once in a newspaper published and circulated in said City at least ten (10) days prior to the date of May 19, 1958, and that the City Clerk also give notice of said hearing by sending written notice thereof to each property owner subject to special assessment by reason of said improvements, the addresses of said property owners to be taken from the last assessment roll in the City Assessor's office. The letter dated March 20, 1958, from Rodney C. Kropf, Secretary of the Mayor's Committee on Business and Industri,l Expansion was received and placed on file. By Councilman Sasser, seconded by Councilman Salvadore and unanimously adopted, it was #239-58 RESOLVED that, the letter from Mr. John McGinty, 18209 Foch, dated March 20, 1958, asking that a certain portion of Curtis Street be opened and improved for residential purposes, with attached petition dated February 3,1958, are hereby referred to the Streets,Roads and Plats Com- mittee of the Council for their written report and recommendation back to the Council in regard to such request. By Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, it was #240-58 RESOLVED that, the letter from Mr. Edward E. Wild, 9225 Merriman Roads dated April 1, 1958, requesting that the Council take action in regard to the paving of a portion of Merriman Road and the petition attached to such letter dated March 29, 1958, are hereby referred to the Streets, Roads and Plats Committee of the Council for their written report and recommenda- tion back to the Council in regard to such request. By Councilman Kleinert, seconded by Councilman Sasser, it was #2141-58 RESOLVED that, pursuant to the report and recommendation of the Assistant City Engineer and Director of Public Works dated March 28, 1958, and the communication from Edwin M. Orr,Consulting Engineer, dated March 26, 1958, the Council does hereby amend Item No. 3 of Council resolution #294-57 adopted on April 15, 1957, and does herein establish the bond for remaining improvements in Spring Valley Subdivision No. 2 in the amount of $237,000.00 A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. Page 3362 By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #21.42-58 RESOLVED that, raving considered the report and recommendation of the City Planning Commission dated March 114, 1958, as to Petition No. Z-21+6 of Paris Home Builders, Inc., 18315 W. McNichols, for change of zoning classification in the Southeast 1/.4 of Section 18 from AGB to R-1-A, the Council does herein concur with such recommendation and Petition No. Z-2146 is approved and granted; provided, however, that that portion of the above petition which originally requested a change of zoning from AGB to C-2 is expressly denied in accordance with the above recommendation of the Planning Commission; and the City Attorney is hereby instructed to prepare an ordinance amending Ordinance No. 60 In accordance with this resolution. By Councilman Salvadore, seconded by C ouncilman Bagnall, it was #2143-58 RESOLVE]) that, having considered the report and recommendation of the City Planning Commission dated April 3, 1958, as to Petition No. Z-266 of Mr. and Mrs. George u1. Mark, for change of zoning classification in the Northwest 1/14 of. Section 10 from RUF to R-1-A, the Council does herein concur with such recommendation and Petition No. Z-266 is approved and granted; and the City Attorney is hereby instructed to prepare an ordinance amending Ordinance No. 60 in accordance with thjs resolution. By Councilman McCann, seconded by Councilman Sasser, it was RESOLVED that, Petition No. Z-266 of Mr. and Mrs. George W. Mark for change of zoning classification in the Northwest 1/4 of Section 10 from RUF to R-1-A be tabled. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser and McCann. NAYS: O'Neill, Bagnall, Salvadore and Grant. The President declared the resolution denied. A roll call vote was taken on resolution #2143-58, with the following result: AYES: O'Neill, Ba:-nal1, Salvadore and Grant. NAYS: Kleinert, Sasser. and McCann. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman O'Neill and unanimously adopted, it was #21414-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated April 3, 1958, as to Petition No. Z-261+ of Mr. and Mrs. George C.Schott for change of zoning classification in the Northeast 1/14 of Section 111 from RUE to R-U, the Council does herein concur Page 3363 with. such recommendation and Petition No. Z-2614. is approved and granted; and the City Attorney is hereby Instructed to prepare an ordinance amending Or- dinance No. 60 in accordance with this resolution. President Grant relinquished the chair to Vice President McCann at 9:25 P. M. By Councilman Grant, seconded by Councilman Kleinert and unanimously adopted, it was #245-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated March 214, 1958, as to Petition No. Z-260 initiated by the City Planning Commission on its own motion to determine whether or not Article 9.50 should be added to Ordinance No. 60, which article would establish a Professional Service District and prescribe regulations governing uses in said district, the Council does herein concur with the recommendation of the City Planning Commission and Petition No. Z-260 is approved. Councilman Grant introduced the following Ordinance: NO. AN ORDINANCE AMENDING ORDINANCE NO. 60 OF THE CITY ENTITLED, "ZONING ORDINANCE OF THE CITY OF LIVONIA," BY ADDING THERETO ARTICLE 9.50. THE CITY OF LIVONIA ORDAINS: Section 1. Ordinance No. 60 of the City entitled, "Zoning Ordinance of the City of Livonia," is hereby amended by adding thereto Article 9.50 as follows: ARTICLE 9.50 PS DISTRICT REGULATIONS Section 9.51. Application of Article. The regulations set forth in this article shall apply in all PS Districts. Section 9.52. Uses Permitted. In all PS Districts no building or land, except as otherwise provided in this ordinonce shall be erected or used except for one or more of the following specified uses; (a) All uses permitted in R-1 Districts. (b) Buildings when devoted to any one or more of the follow- ing professional occupations: medical offices and/or clinics; convalescent homes; dental offices and/or clinics; optometry offices; chiropractic offices and/or clinics; attorneys offices; accounting offices; engineering and architectural offices; funeral homes; and any other professional, executive or administrative occupations; provided, however, that any occupation or use not specifically listed in this subsection; including hospitals, shall require the express approval of the City Planning Commission. The aoove uses and any other use apjroved of by the City Planning Commission Page 3361 shall be subject to all the limitations contained elsewhere in this article. Section 9.53. Uses Prohibited. In all PS Districts no building shall be erected or used, or land used, in whole or in part, for any one or more of the following uses: (a) All dwellings, buildings and uses of every kind, except such dwellings, buildings and uses that are expressly permitted in an R-1 District. (b) The outdoor display of any actual product for sale. (c) The outdoor storage of goods or materials irrespective of whether or not they are for sale. (d) Warehouses or the indoor storage of goods and materials beyond that normally incidental to the above permitted occupations.. Section 9.54. Building Height. No building hereafter erected or altered in PS Districts shall exceed thirty-five (35) feet in height or two (2) stories. Section 9.55. Percentage of Lot Coverage. There shall be no limitation as to maximum lot occupancy, except as such might be controlled by off-street parking requ rements as contained in Sections 4.37 to 4.401 inclusive, of this ordinance, and front, side and rear yardsrequirements set forth in th_s article. Section 9.56. Minimum Building Setback Requirements. (a) Hereafter no building in a PS District shall be constructed less than twenty-five (25) feet from the front line of the lot, or parcel on which such building is being constructed. (b) There shall be no minimum side yard requirements in PS Districts except in those cases where such district borders on a residential district, in which case there shall be a minimum side yard of not less than fifteen (15) feet. Section 9.57. Rear Yards. Each lot in a PS District shall have a rear yard of a depth of not less than fifteen (15) feet. Section 9.58. Off-Street Parking Facilities. Off-street parking facilities shall be provided as hereinbefore specified in Sections 1 .37 to 1 .40, inclusive, of this ordinance. Section 2. 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 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remain- ing portion of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Ccuncil. Page 3365 Tne PresAent resumed the chair at 9:30 P. M. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #246-58 RESOLVED that, Petition No. V-29 of Harry B. Wright asking for the vacating of a certain easement in Section 13 is hereby referred to the City Planning Commission for a public hearing pursuant to the provisions of Ordinance No. 29. A recess was called at 9:31 P. M., after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Salvadore, seconded by Councilman Sasser, it was #247-58 RESOLVED that, pursuant to the report and recommendation of the Department of Law dated April 3, 1958, and approved of by the Mayor and Budget Director, the Council does herein transfer the sum of $180.00 from the Unappropriated Surplus to Bureau of Inspection Account ID-60 (Contingency Misc.) for the purpose of paying a statement of William P. Lindhout, Architect, dated March 5, 1958, for professional services rendered in connection with preparing certain calculations, research and written reports for the Bureau of inspection. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall „ Kleinert, Sasser, Salvadore, McCann and Grant. NAYS: None. Councilman Kleinert introduced the following Ordinance: NO. AN OFDINANCE AMENDING SECTION 12 OF ORDINANCE NO. 193 OF THE CITY OF LIVONIA ENTITLED, "AN ORDINANCE TO LICENSE THE OPERATION OF DRIVE-IN THEATERS IN THE CITY OF LIVONIA; TO FSTABLISH REQUIREMENIS FOR TIEIR OPERATION; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE; TO PROVIDE A PENALTY FOR THE VIOLATION OF THE TERM THEREOF; AND TO PROVIDE FOR THE RE- PEAL OF PRIOR ORDINANCES AND PARTS OF ORDINANCES." THE CITY OF LIVONIA ORDAINS: Section 1. Section 12 of Ordinance No. 193 of the City of Livonia entitled, "An Ordinance to License the Operation of Drive-InTheaters in the City of Livonia, to Establish Requirements for their Operation; to Provide for the Administration and En- forcement of this Ordinance; to Provide a Penalty for the Violation of the Terms Thereof; and to Provide for the Repeal of Prior Ordinances and Parts of Ordinances," is hereby amended to read as follows: Page 3366 Section 12. Penalty. Any person, firm or corporation who shall violate or fail to comply with any of the provisions of this ordinance, or any of the regulations adopted in pursuance hereof, or who shall hamper, impede or interfer:i with the performance of the duties of any official or agent of the Bureau of Inspection or other officer under the provisions of this ordinance, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment not exceeeing ninety (90) days, or by both such fine and imprisonment in the discretion of the court. Each act of violation and every day upon which such violation shall occur shall constitute a separate offense. Section 2. 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 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remain- ing portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. The report of the Municipal Court for the month of March, 1958, was received and placed on file. By Councilman Bagnall, seconded by Councilman Sasser and unanimously adopted, it was #248-58 RESOLVED that, the regular meetings of the Council of the City of Livonia for the month of May, 1958, shall be held on the 5th, 12th and 26th days of that month. On motion of Councilman Bagnall, seconded by Councilman Sasser and unanimously adopted, this 243rd regular meeting of the Council of the City of Livonia was duly adjourned at 9:37 P. M., April 21, 1958. ! w. Clark, City Clerk