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HomeMy WebLinkAboutCOUNCIL MINUTES 1958-05-05 Page 3379 MINUTES OF THE TWO HUNDRED FORTY—FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 5, 1958, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:31 F. M., by the President of the Council. Councilman Bagnall delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Sydney B. Bagnall, Robert Sasser, Jack Salvadore and James R. McCann. Absent-- Frank O'Neill and *Rudolf R. Kleinert. *Nr. Rudolf R. Kleinert was visiting South Rockwood, Michigan, acting in behalf of Mayor William W. Brashear on Mayor's Exchange Day. By Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, it was #266-58 RESOLVED that, the minutes of the 244th regular meeting of the Council of the City of Livonia held April 28, 1958, are hereby approved. Council President Grant welcomed Mr. Howard Malone, Village President of South Rockwood, Michigan, and Mrs. Malone; also Mr. Forest Kirkland, Village Clerk and Mrs. Kirkland, Deputy Clerk, who visited Livonia in connection with Mayor's Exchange Day, the beginning of Michigan Week. Mr. Malone thanked the City officials for the hospitality and warm reception accorded his party. The Council President presented a Scroll of Honor to Mr. Howard Malone in honor of Mayor's Exchange Day• The report dated April 22, 1958, from the Department of Law regaraing resolution #182-58, No "U" Turns on Plymouth Road, was received and placed on file. Marie W. Clark, City Clerk, read a letter from the Operations Division of the Department of Public Works regarding bids for corrugated metal pipe. By Councilman Sasser, seconded by Councilman McCann Fid unanimously adopted, it was #267-58 RESOLVED that, pursuant to the report and recommendation of the Superintendent of Operations Division and Director of Public Works dated April 30, 1958, the Council does herein accept the bids of Beach Manufacturing Page 3380 Company, Jensen Bridge Company, and Armco Drainage Company for supplying corrugated metal pipe at the submitted price for each respective item bid upon; provided, however, that the Department of Public Works is herein authorized to purchase any of the above respective items bid upon from the lowest bidder amongst the above three companies as to each particular itemr provided that the lowest bidder can supply the particular items within a 30 day period and in the event that such lowest bidder cannot furnish the particular item within that period, then the Department of Public Works is herein authorized to purchase the same from the next lowest bidder who can meet such time requirement. The City Clerk read a letter from the Operations Division of the Department of Public Works regarding bid for concrete pipe. By Councilman Salvadore, seconded by Councilman Bagnall and unanimously adopted, it was #268-58 RESOLVED that, pursuant to the report and recommendations of the Superintendent of Operations Division and the Director of Public Works dated April 30, 1958, in regard to bids received for concrete pipe, man- holes and catch basins, the Council does herein accept the bid of American Vitrified Products Company, 13020 Newburgh Road, Livonia, Michigan, for supplying concrete and vitrified pipe to the City of Livonia at the price submitted in their hid, such having been the lowest bid received; and further that pursuant to the above report and recommendation, the Council does herein accept the bid of the Macomb-Oakland Supply Company, 12300 Inkster Road, Detroit, for supplying manholes and catch basins to the City of Livonia, at the price submitted in their bid, such having been the lowest bid re- ceived for these items; and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. Marie W. Clark, City Clerk, read a letter from the Department of Public Works, Operations Division, regarding bids for road maintenance aggregate. By Councilman McCann, seconded by Councilman Salvadore, it was RESOLVED that, pursuant to the report and recommendations of the Superintendent of Operations Division and the Director of Public Works dated April 30, 1958, in regard to bids received for road maintenance aggregate, the Council does herein accept the bid of the Edward C. Levy Company, 8800 Dix Avenue, Detroit 9, for supplying slag to the City of Livonia at their submitted bid price of $5,085.00, such having been the lowest bid received, and further the Council does herein accept the bid of the Telischak Trucking Company, 12300 Farmington Road, Livonia, for supplying limestone to the City of Livonia at the submitted bid of $10,211.00, such having been the lowest bid received for this item; and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. By Councilman Bagnall, seconded by Councilman Salvadore and unanimously adopted, it was Page 3381 #269-58 RESOLVED that, bids for road maintenance aggregate be tabled for further study at the Committee of the Whole meeting and for action by the Council at a later date. The City Clerk, Marie W. Clark, read a letter from the Operations Division of the Department of Public works regarding Grader and Maintainer Blades. By Councilman Bagnall, seconded by Councilman Sasser and unanimously adopted, it was #270-58 RESOLVED that, pursuant to the report and recommendations of the Superintendent of Operations Division and the Director of Public Works dated April 30, 1958, in regard to bids received for grader and maintainer blades, the Council does herein accept the bid of F. Yeager Bridge and Culvert Company, 1701 Kerrney Street, Port Huron, Michigan, for supplying grader blades to the City of Livonia at their submitted bid price of $1,313.25, such having been the lowest bid received, and further the Council does herein accept the bid of Cyril J. Burke, Inc., 6 .51 E. McNichols Road, Detroit 12, for supplying maintainer blades to the City of Livonia at their submitted bid price of $337.72, such having been the lowest bid received; and the CityClerk is herein authorized to do all things necessary to the full per- formance of this resolution. Marie W. Clark, City Clerk, read a letter from the Department of Public works, Operations Division, regarding bids for two-way radios. By Councilman Sasser, seconded by Councilman Salvadore and unanimously adopted, it was #271-58 RESOLVED that, pursuant to the report and recommendations of the Superintendent of Operations Division and the Director of Public works dated April 30, 1958, in regard to bids received for two-way radios, the Council does herein accept the bid of the General Electric Company, 162147 Wyoming Avenue, Detroit 21, Michigan, for supplying and installing four two-way radio transmitter-receiver units at their submitted bid price of $2,132.00, such having been the lowest bid received; and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. The City Clerk read a letter from the Department of Public Works regarding bids for Hydraulic Underbody Scraper. By Councilman Salvadore, seconded by Councilman McCann and unanimously adopted, it was #272-58 RESOLVED that, pursuant to the report and recommendations of the Superintendent of Operations Division and the Director of Public Works dated April 30, 1958, in regard to bids received for a hydraulic underbody Page 3382 scraper, the Council does herein accept the bid of Shults Equipment Sales Company, Ithaca, Michigan, for supplying one (1) 1958 Root F44 hydraulic under-body scraper to the City of Livonia at their submitted bid price of $2,025.00, such having been the lowest bid received for this item; and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. Marie W.Clark, City Clerk, read a letter from the Operations Division of the Department of Public Works regarding bid for Asphalt, Tar and Emulsion Distributor. By Councilman McCann, seconded by Councilman Sasser and unanimously adopted, it was #273-58 RESOLVED that, pursuant to the report and recommendation of the Superintendent of Operations Division and the Director of Public Works dated April 30, 1958, the bids received by the City of Livonia for the supplying of an asphalt, tar and emulsion distributor are hereby rejected and the Department of Public Works is herein authorized to re-advertise to secure bids for the above item. The City Clerk read a letter from the Department of Public Works, Operations Division, as to bids for a Jeep. By Councilman Bagnall, seconded by Councilman Sasser and unanimously adopted, it was #274-58 RESOLVED that, pursuant to the report and recommendation of the Superintendent of Operations Division and the Director of Public Works dated April 30, 1958, in regard to bids received for a jeep, the Council does herein accept the bid of Trailermen, 7667 Si. Telegraph Road, Taylor Center, Michigan, for supplying one (1) 1958 Model, 4 wheel drive jeep forward control FC-150 truck with front-end power broom, to the City of Livonia at their submitted bid price of $3,376.00 with trade-in, such having been the lowest bid received for this item; and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. The City Clerk, Marie W. Clark, read a letter dated May 1, 1958 from Canton Tractor Sales, requesting permission to withdraw their bid for 1958 Model Ford Tractor. By Councilman Bagnall, seconded by Councilman Salvadore and unanimously adopted, it was #275-58 RESOLVED that, the matter of the recommendation on bids for Ford Tractor, received by the Council April 21, 1958, be tabled to the next regular meeting of the Council. Councilman Bagnall read a report dated May 5, 1958, from the Civic Center Committee, which was received and placed on file. Page 3383 By Councilman Bagnall, seconded by Councilman Salvadore, it was #276-58 RESOLVED that, the invoice of Yamasaki, Leinweber and Associates dated February 17, 1958, in the amount of $5,000.00 is hereby approved for payment. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Sasser, Salvadore, McCann and Grant. NIYS: None. A recess was called at 9:15 P. M., after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. Councilman Salvadore announced that no report was available from the Schools and Recreation Committee. Councilman Salvadore read a report dated MaY 5, 1958, regarding the status of the Livonia-Ashcroft Drain, which was received and placed on file. The Ordinance entitled, "An Ordinance Amending Ordinance No. 60 of the City Entitled, 'An Ordinance to Establish Districts in the City of Livonia; to Regulate the Use of Land and Structures Therein; to Regulate and Limit the Height, the Area, the Bulk and Location of Buildings; to Regulate and Restrict the Location of Trades and Industries and the Location of Buildings Designed for Specified Uses; to Regulate and Determine the Area of Yards, Courts and Other Open Spaces; to Regulate the Density of Population; to Provide for the Administration and Enforcement of this Ordinance; to Provide for a Board of Appeals, and its Powers and Duties; and to Provide a Penalty for the Violation of the Terms Thereof, ' by Adding Thereto Art;cle 5.50", introduced April 28, 1958, by Councilman Bagnall, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Bagnall, Sasser, Salvadore, McCann and Grant. NAYS: None. The President declared the Ordinance duly adopted and would become effective on date of publication. Page 3384 The Ordinance entitled, "An Ordinance Amending Article 7.50 of Ordinance No. 60, as Amended, Entitled 'Zoning Ordinance of the City of Livonia,' by Adding Thereto Section 7.61," introduced April 28, 1958 by Councilman Kleinert, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Bagnall, Sasser, Salvadore, McCann 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 Subsection (c) of Section 8.02 and Section 8.06 of Article 8.00 of Ordinance No. 60, as Amended, entitled ?Zoning Ordinance of the City of Livonia'," introduced by Councilman Kleinert on April 28, 1958, was taken from the table and a roll call vote conducted thereon with the following result: AIES: Bagnall, Sasser, Salvadore, McCann and Grant. NAYS: None. The President declared the Ordinance duly adopted and would become effective on date of publication. By Councilman Sasser, seconded by Councilman McCann and unanimously adopted, it was #277-58 RESOLVED that, action on the report and recommendation of the Assistant City Engineer and Director of Public Works dated April 30, 1958, in regard to establishing an improvement bond for Meri-Lynn Farms Subdivision No. 2, is hereby tabled until the regular meeting of May 12, 1958, in order to give the Council further time to consider particular improvements pro- posed to be installed in such subdivision. By Councilman Salvadore, seconded by Councilman Sasser and unanimously adopted, it was #278-58 RESOLVED that, pursuant to the report and recommendation of the City Planning Commission dated September 6, 1957, in regard to Petition No. Z-236, asking for a change of zoning in the Southwest 1/4 of Section 36 from RUFB to C-1, the Council does herein concur with the recommendation of the City Planning Commission and such petition is hereby denied. Page 3385 The letter dated April 22, 1958, from the Schoolcraft Manor Civic Association in regard to obtaining a park site adjoining the Roosevelt School was received and placed on file. The letter dated April 21, 1958, from the Schoolcraft Manor Association in regard to eliminating existing commercial zones on the North side of Schoolcraft Road was received and placed on file. By Councilman McCann, seconded by Councilman Sasser, it was #279-58 RESOLVED that, pursuant to the request of the City Clerk dated April 15, 1958, approved of by the Mayor and Budget Director on April 21, 1958, and having considered the letter from the City Clerk dated April 26, 1958, the Council does herein t ransfer from the Unappropriated Surplus to the Election Commission Budget Account No. 1-X (Clerical Salaries) the sum of $1,000.00 in order to provide for immediate clerical expenses in con- nection with the operation of the Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Sasser, Salvadore, McCann and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Sasser, it was #280-58 RESOLVED that, pursuant to the request of the City Treasurer dated April 24, 1958, and approved of by the Mayor arra Budget Director on April 25, 1958, the Council does hereby transfer from the Unappropriated Surplus to the City Treasurer's Budget Account No. F-51 (Preparation of Tax Rolls and Statements) the sum of $321.00 to be used for the stated purposes of the above budget account. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Sasser, Salvadore, McCann and Grant. NAYS: None. Councilman Sasser read the majority report dated April 21., 1958 from the Streets, Roads and Plats Committee, in regard to the proposed amendment to Ordinance No. 135; and Councilman Bagnall read his minority report dated April 214, 1958, re- commending the adoption of the proposed amendment. Councilman Bagnall introduced the following Ordinance: NO. Page 3386 AN ORDINANCE TO AMEND SECTION 13 OF ORDINANCE NO. 135 ENTITLED, "AN ORDINANCE REGULATING THE MAKING, FILING, APPROVING AND REJECTING OF PLATS; AND PRO- VIDING FOR MINIMUM IMPROVEMENTS, INSPECTION OF LAND AND IMPROVEMENTS, FILING OF BOND, INSPECTION, EN- GINEERING AND FILING FEES, HIRING OF ENGINEERING CONSULTANTS, ADMINISTRATION OF THIS ORDINANCE, ADOPTION OF REGULATIONS HEREUNDER AND PENALTIES FOR VIOLATION HEREOF." THE CITY OF LIVONIA ORDAINS: Section 1. Section 13 of Ordinance No. 135 of the City of Livonia entitled, "Flat Ordinance' is hereby amended to provide as follows: Se ction 13. Minimum Requirements as to Improvements. Minimum requirements as to improvements, as to kind, description, quality and quantity, in or on any lands within a proposed plat are hereby established as follows: (a) Roads Streets and Sidewalks. All roads, streets and side- walks sal be furnished and constructed in conformance with the Subdivision Regulations and the Master Plan of the City of Livonia, as heretofore or hereafter adopted by the Planning Commission: 1. Residential Streets. (a) Concrete paving with monolithic curb and gutter thirty-one (31) feet back to back of curbs 8-6-8 pavement design. (b) Alternate. Concrete curb and gutter, 18 inch apron 31 feet hack to back of curbs, 6 inches compacted slag, 2 inches compacted gravel, 2 inches hot mix asphalt surface. 2. Half Mile Roads. Concrete paving with monolithic curb and gutter 34 feet back to back of curbs 9-7-9 pavement design. 3. All manholes, watergates, hydrants and shut off boxes to be adjusted to proper grade in relation to curb and sidewalk. 4. All subdivision monuments to be checked after all improve- ments are installed and to be corrected or replaced as neces- sary and set to within 2 inches of finish grade. 5. Except as otherwise provided in this ordinance, sidewalks shall be constructed five (5) feet in width and shall be con- structed from curb to sidewalk at all street intersections and shall be, in all other respects, constructed in accordance with the plans and specifications for sidewalks prepared by the Department of Public Works. Page 3387 6. Street signs shall be furnished and installed in conform- !. ance with theSUbdivision Regulations. 7. That the Council may require roadway widths and designs in excess of the above specifications whenever deemed neces- sary for the safety and welfare of the people of Livonia. 8. Notwithstanding the requirements heretofore set forth in this section, when 80% or more of the total number of lots within a proposed plat or subdivision have an area of at least 9,600 square feet and front lot line dimensions of at least 80 feet in width, then as to such proposed plats and subdivisions, sidewalks shall be constructed four (4) feet in width and residential streets and roads within such proposed plats and subdivisions may be constructed with concrete paving and monolithic curb and gutter twenty-seven (27) feet back to back of curbs with 8-6-8 pavement design; provided, however, that where 80% or more of the total number of lots in such proposed plats or subdivisions have an area of at least 15,000 square feet, then sidewalks shall be optional, but if constructed shall be four (4) feet in width and streets and roads within such proposed plats or sub- divisions may be improved in the above manner and constructed twenty-five (25) feet in width, however, that half-mile roads shall in all cases be a minimum of thirty-one (31) feet in width, and shall be improved as above set forth; provided, further, that improvements of such design conform to or are in excess of improvements already constructed, or proposed for construction, in a majority of the immediately surround- ing subdivisions. (b) Trees. All trees shall be purchased and planted by the Department of Parks and Recreation; the proprietor of each proposed plat or subdivision shall deposit in a special fund, to be designated as a "Tree Fund," the sum of Twenty Dollars ($20.00) for each lot in said proposed plat or sub- division. Said sums so deposited shall be held in escrow in a special fund to be used only for the purchasing,planting and maintaining of trees throughout the recorded subdivisions. (c) Grade Level. The rear grade level of each lot shall be in conformity with the grade level as indicated in the plans and specifications submitted to the Department. (d) Other Improvements. All other improvements not specifically mentioned in this section shall be constructed and installed in conformance with the Subdivision Regulations, and the regulations of the Department. The establishment of the foregoing minimum requirements shall not in any way prevent the Council from imposing such additional re- quirements as may be authorized by law, including the Platting Act. Section 2. Ordinances No. 160,175 and 189 are hereby repealed as of the date that this ordinance takes effect. All other ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Page 3388 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. (8rdinance defeated May 12, 1958) Councilman Bagnall introduced the following Ordinance: NO. AN ORDINANCE AMENDING SECTIONS 2, 10, 11, 14 AND 18 OF THE ZONING MAP OF TP2 CITY OF LIVONIA, AND AMENDING AttTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING THEBLTO SECTIONS 3.147, 3.148, 3.149, 3.150 AND 3.151. THE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated March 114, 1958 on Petition No. Z-246, dated March 17, 1958 on Petition No. Z-251, dated March 18, 1958 on Petition No. Z-256 and dated April 3, 1958 on Petitions No. Z-264 and No. Z-266, having been considered by the Council, the Council hereby adopts said petitions to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings heretofore 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 3.147. Petition No. Z-246 of Paris Home Builders, Inc., 18315 W. McNichols, Detroit, Michigan, is hereby granted in part and the zoning classification of the premises described in said petition is hereby changed from AGB to R-1-A, as requested in said petition, provided, however, that the portion of the aoove petition which originally requested a change of zoning from AG-B to C-2 is expressly denied in accordance with the re- commendation of the City Planning Commission dated March 14, 1958, and the Southeast 1/4 of Section 18 of the Zoning Map is hereby amended to conform to the change rr:de in this section. Section 3.148. Petition No. Z-251 of Richard Bleznak is hereby granted and 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 11 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.149. Petition No. Z-256 of George Karabenick, Carey Homes, is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-U-F-B to R-1-B as re- quested in said petition and the Southeast 1/4 of Section 2 of the Zoning Map is hereby amended to conform to the change made in this section. Page 3389 Section 3.150. Petition No. Z-264 of Mr. and Mrs. George C. Schott is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-U-F to R-U as requested in said petition and the Northeast 1/4 of Section 14 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.151. Petition No. Z-266 of Mr. and Mrs. George W. Mark is hereby granted and the zoning classification of the premises described in said petition is hereby changed from R-U-F to R-1-A as requested ins aid petition and the Northwest 1/4 of Section 10 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attacned map designated "Amendment No. 39 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 thereof. 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. By Councilman Sasser, seconded by Councilman McCann and unanimously adopted, it was #281-58 RESOLVED that, before determining to install certain sidewalk improvements on Elmira and Orangelawn Avenues between Hubbard and Merriman Roads in Section 34, the cost of which is to be defrayed by special assess- ment, the City Engineer is hereby required to ascertain the assessed valua- tion of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant and to prepare or cause to be prepared plans and specifications therefor and an estimate of cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 6 of Ordinance No.31, as amended. By Councilman Bagnall, seconded by Councilman Sasser and unanimously adopted, it was #282-58 RESOLVED that, the Council suspend the rules of procedure to take up a matter not on the agenda. Page 3390 Councilman Salvadore read a letter dated April 30, 1958, from Rouge Building Company regarding Burton Hollow Estates Subdivision. By Councilman Salvadore, seconded by Councilman Sasser and unanimously adopted, it was #283-58 RESOLVED that, having considered the letter of the Rouge Building Company dated April 30, 1958, in which letter said company requests the City to enter into an agreement, under which agreement said company would ins tall a 12" twenty foot deep sanitary sewer line from the southerly boundary of Burton Hollow Estates Subdivision to Six Mile and Farmington Roads; and which said line is in excess of the size necessary to service said subdivision; and said line being sufficient in size to service the south 60 acres of the W. 1/2 of the S. W. 1/4 of Section 10, which are other lands belonging to said company which are for future development; and the proprietor being desirous of using said lines to develop the other said lands; the Council does hereby instruct the Department of Law to draft an agreement to such effect for the approval of the Council; provided, however, that such agreement shall not extend beyond a five (5) year term. On motion of Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, this 245th regular meeting of the Council of the City of Livonia was duly adjourned at 10:31 P. M., May 5, 1958. Marie . Clark, City Clerk.