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HomeMy WebLinkAboutCOUNCIL MINUTES 1957-06-17 Page 2912 MINUTES OF THE TWO HUNDRED ELEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 17, 1957, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:29 P. M., by the President of the Council. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Rudolf R. Kleinert, David L. Jones, Peter A. Ventura and John T.Daugherty. Absent-- Frank OMNeill and *Sydney B. Bagnall. By Councilman Kleinert, seconded by Councilman. Daugherty, it was #IiJ45-57 RESOLVED that, the minutes of the 210th regular meeting of the Council of the City of Livonia held June 10, 1957, are hereby approved as corrected. * Councilman Bagnall arrived at 8:33 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Kleinert, Bagnall and Grant. NAYS: Jones. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Ileinert, it was #16-57 RESOLVED that, having considered the report of the Director of Public Works submitted pursuant to Council resolution #291-57, the Mayor and City Clerk are herein authorized to affix their signatures to the pre- liminary sales agreement prepared by the Department of Law dated June 11, 1957, wherein Meredith Polston and Genevia Polston, his wife, agree to sell to the City on land contract for the sum of $16,000.00, the following described premises: A parcel of land in the northeast quarter of the southwest quarter of section 36, town 1 south, range 9 east, described as follows: Beginning at the center post of said section 36, thence proceeding due south 657.50 feet along the north and south quarter line of a point; thence south 89 degrees 59 minutes 20 seconds west 85.0 feet to a point; thence due north 657.53 feet to a point on the east and west quarter line of said section 36; thence along the east and west quarter line south 89 degrees 59 minutes 20 seconds east 85.0 feet to the point of beginning, containing 1.283 acres more or less, excepting therefrom the northerly 43 feet to be used for road purposes, and excepting any part of the above described land taken, used or deeded for street, road Page 2913 Lor highway purposes# such agreement also specifically setting forth the terms and conditions of such sale; and that there is hereby transferred from the Unappropriated Surplus to the Acquisition of Land Account of the budget, the sum of $8,000.00„ to be paid to the above named sellers upon the execution of a land contract; and the City Clerk and City Treasurer are herein 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: Daugherty, Ventura, Jones, Kleinert, Bagnall and Grant. NAYS: None. Marie W. Clark, City Clerk, read a report from the City Engineer regarding street lighting in Sections 34, 35 and 36. By Councilman Kleinert, seconded by Councilman Daugherty, it was #447-57 RESOLVED that, the City Engineer having filed with the City Clerk statements dated January 14, 1957 and June 10, 1957, on all matters required by Section 6 of Ordinance No. 31, as amended, and a public hearing having been held thereon on February 28, 1957, after due notice as required by said Ordinance, and careful consideration having been given to all such matters, the Council does hereby 1. Accept and approve said statements in all respects; 2. Determine to make the improvement consisting of the installation and maintenance of a street lighting system in portions of the South 1/2 and the Northeast 1/4 of Section 35, the Southwest 1/4 and the Northwest 1/4 of Section 36, and in the Southeast 1/4 of Section 34, City of Livonia, Wayne County, Michigan, as described in said statements, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits received or to be derived; 3. Approve the plans and specifications for the improvements as set forth in said statements dated January 14, 1957 and June 10, 1957; 4. Determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; 5. Determine that the assessments made for such improvements shall be paid in annual installments, according to said statements; 6. Designate the assessment district, describing the land and premises upon which special assessments shall be levied, as follows: Beginning at a point on the East property line of Middle Belt 115 feet; North of the North property line of West Chicago; thence East 167 feet; thence South 1186 feet; thence West 202.50 feet to the centerline of Middle Belt; Page 2914 thence North along said centerline 41.34 feet; thence West 5436.20 feet; thence North 670 feet; thence jest 79.79 feet; thence North 173.5 feet; thence East 2618.48 feet; thence North 299.55 feet; thence East 2731.65 feet to the point of beginning; 7. Direct the City Assessor to prepare special assessment rolls in accord- ance with the Councll Is determination on both statements as prepared by the City Engineer, dated January 14, 1957 and June 10, 1957, respectively; 8. Designate this proceeding and matter as Special Assessment District law009 9. And that upon the completion of said rolls, the City Assessor shall atk ch thereto the certificate required by the provisions of Section 11 of Ordinance No. 31, as amended, of the City of Livonia, and file the same with the City Cleric, who thereupon is directed to present the same to the City Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Kleinert, Bagnall and Grant. NAYS: Jones. The President declared the resolution adopted. Councilman Bagnall introduced the folleAng Ordinance: NO. AN ORDINANCE TO AMEND SECTION 13 OF ORDINANCE NO. 135, ENTITLED "AN ORDINANCE REGULATING TBE MAKING, FILING,APPROVING AND REJECT- ING OF PLATS; AND PROVIDING FOR MINIMUM INFROVI:MENTS, INSPECTION OF LAND AND IMPROVEMENTS, FILING OF BOND, INSPECTION, ENGINEERING AND FILING FEES, HIRING OF ENGINEERING ODNSULTANTS, 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, "Plat Ordinance" is hereby amended to provide as follows: Section 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 sidewalks shall '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 Com- mission: 1. Residential Streets. Page 2915 (a) Concrete paving with monolithic curb and rutter 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 back 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, water gates, hydrants and shut off boxes to be adjusted to proper grade in relation to curb and sidewalk. L . All subdivision monuments to be checked after all improve- ments are installed and to be corrected or replaced as necessary and set to within 2 inches of finish grade. 5. All sidewalks shall be constructed from curb to sidewalk at all street intersections. 6. Street signs shall be furnished and installed in conformance with the Subdivision Regulations. 7. That the Council may require roadway widths and designs in excess of the above specifications whenever deemed necessary 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 10,000 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 optional and residential streets and roads within such proposed plats and subdivisions may be constructed thirty-one (31) feet wide of 6 inch compacted slag, 2 inch compacted gravel and 2 inch hot mix asphalt surface, without curb and gutters; 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 streets and roads within such proposed plats or subdivisions 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 im- provements already constructed, or proposed for construction, in a majority of the immediately surrounding 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 utree Fund,u the sum of Twenty Dollars ($20.00) for each lot in said proposed plat Page 2916 or subdivision. 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 specifica- tions 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 anyway prevent the Council from imposing such additional requirements as may be authorized by law, including the Platting Act. Section 2, Ordinance No. 160 is hereby repealed as of the date that this ordinance takes effect. AA. other ordinances or parts of ordinances in conflict here- with 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 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 Bagnall, seconded by Councilman Ventura and unanimously adopted, it was #/48-57 RESOLVED that, the recommendations of the City Planning Commission dated April 30, 1957 and May 6, 1957, in regard to proposed suggested or- dinances regulating and locating mobile home parks, be referred to the De- partment of Law for its study and report. By Councilman Jones, seconded by Councilman Bagnall, it was #449-57 RESOLVED that, the matter of extension of Coventry Gardens Storm Sewer project be referred to the Sewer and Water Committee of the Council and the Sewer and Water Commission for a report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Jones, Kleinert and Bagnall . NAYS: Grant. The President declared the resolution adopted. By Councilman Jones, seconded by Councilman Daugherty, it was Page 2917 #450-57 RESOLVED that, pursuant to the report and recommendation of the City Engineer and Director of Public Islorks dated June 5, 1957, the Council does herein release to Mr. Leo Burton, Flumbin6 Contractor, 27716 W. Seven ;Ele Head, Livonia, the $100.00 bid bond deposited with the City in con- nection with plumbing installations by said contractor in the Engineering Building. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Jones, Kleinert, Bagnall and Grant. NAYS: None. A recess was called at 9:34 P. M., after which the meeting resumed with all members present who were named as present in the original roll call of this meeting, including Councilman Bagnall. Marie W. Clark, City Clerk, read a le ter from Clifford Harker regarding purchase of property for park purposes. By Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, it was #451-57 RESOLVED that, the letter from Clifford and Lillian Harker114277 Farmington Road, Livonia, Michigan, dated June 5, 1957, is hereby referred to the Parks and Recrea tion Commission for their consideration; and that if said Commission is of the opinion that such property should be acquired at this time by the City of Livonia for park purposes, then the Commission is herein authorized to engage the services of an a praiser to value the property located at the above address and to submit a report to the Council in regard thereto. By Councilman Kleinert, seconded by Councilman Jones, it was #452-57 RESOLVED that, Mr. Casimir C. Gawron, Cass Construction Company, 7000 Manor, Dearborn, Michigan, as proprietor, having requested the City Council to approve the proposed plat of the following Subdivision: Gawron Subdivision, located in the Northeast 1/4 of Section 31, City of Livonia, Wayne Count;,Michigan;: and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of July 19, 1955 and August 14, 1956; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Department of Public dorks under date of May 27, 1957; 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, and the rules and regulations of the Department of Public works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be supervised P,ge 2918 and inspected by the Department of Public dorks and such improve- ments shall not be considered as having been satisfactorily in- stalled 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, in such form as may be approved by the City Attorney, and in the following amount: - - - $104,000.00 - - - One Hundred Four Thousand Dollars - - - and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) On full compliance with the above conditions and with the pro- visions of said Plat Oriinance„ as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval; (5) Provided, however, that the proprietor shall install and com- plete a green bolt on lots 37 through 47 in accordance with plans and specifications as determined by the Department of Parks and Recreation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Jones, Kleinert, Bagnall and Grant. NAYS: None. Marie W. Clark, City Clerk, read a letter from Gordon Begin Investment Co., requesting amendment to certain Council resolutions. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #453-57 MSOLVED that, the letter from Harold H. Gordon of Gordon-Begin Investment Company dated June 6, 1957, wherein he requests that Council resolutions #466-56 and #773-56 be amended, is hereby tabled in order to afford the Council sufficient time within which to consider such request. The City Clerk, Marie W. Clark, read a letter from the Police Commissioner regarding purchase of an additional motorcycle. By Councilman Jones, seconded by Councilman Ventura, it was #454-57 RESOLVED that, pursuant to the request of the Police Commissioner dated May 24.1 1957, and approved by the Mayor on that date, there is hereby transferred from the Unappropriated Surplus to the Police Department Account Page 2919 No. 70-111 the sum of $2,000.00, to be used for the purchase of a motorcycle for the Livonia Police Department. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Jones, Bagnall and Grant. NAYS: Daugherty and Kleinert. The President declared the resolution adopted. Councilman Iaeinert was excused at 10:29 and returned at 10:30 P. M. Because of the resignation of Donald C. Deremo, a vacancy has occurred on the Zoning Board of Appeals. The following were nominated to fill such vacancy: By Councilmen Ventura, Daugherty and OtNeill: Ronald Mardiros, 10055 Camden; By Councilman Jones: William P. Lindhout, 37655' Margareta Drive; By Councilman laeinert: Michael Lyons, 15026 Berwick Avenue. A recess was called at 10:36 P. M., after which the meeting resumed with all members present who were named as present in the original roll call of this meeting, inciiiding Councilman Bagnall. By Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, it was #455-57 RESOLVFT) that, pursuant to Section 19.01 of the Zoning Ordinance of the City of Livonia, Ordinance No. 60, and Section 6, Act 207, Public Acts of Michigan, 19141, as amended, William P. Lindhout, 37655 Margareta Drive, Livonia, Michigan, is hereby appointed as a member of the Zoning Board of Appeals to complete the unexpired term of Donald Co Deremo, such term having been for three years commencing July 10, 1955, with all of the authorities and duties set forth in said Zoning Ordinance and Act 207. Councilman KleLnert was excused at 10:145 P. Ms By Councilman Bagnall, seconded by Councilman Jones, it was #456-57 IESOLVED that, the letter of Mrs. Lydia B. Heise, 20715 Heise Street, Farmington, Michigan, dated May 20, 1957, in regard to her request that certain parcels of property located on Eight Mile Road be allowed to tap into the sewer in that area without paying the tap-in fee, is hereby referred to the City Engineer for his investigation, report and recomnEnda- L tion. A roll call vote was taken on the foregoing resolution with the following result: Page 2920 AYES: Daugherty, Ventura, Jones, Bagnall and Grant. NAYS: None, By Councilman Ventura, seconded by Councilman Bagnall, it was #457-57 RESOLVED that, the Water and Sewer Committee of the Council, in the near future, make its report and recommendation as to the request of Mr. Sam Altschul, proprietor of the Rouge Traa Subdivision, for refunds on certain water permits; said request having been heretofore referred to said committee by Council resolution #683-56. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Jones, Bagnall and Grant, NMS: Daugherty. The President declared the resolution adopted. Councilman Kl.einert returned at 10:47 P. M. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #458-57 RESOLVED that, t he letter from the Steel Tex Manufacturing Corporation of Farmington, Michigan, dated June 7, 1957, wherein a request is made by that corporation for permission to tap into our water and sewer line, is hereby referred to the Engineering Division of the Department of Public Works for a report aid recommendation in regard thereto, and also for a report as to what the effect would be if theCouncil adopted, as a general policy, the granting of all requests similar to that contained in the above letter. By Councilman Daugherty, seconded by Councilman Jones and unanimously adopted, it was #459-57 RESOLVED that, the letter from Mr. and Mrs. M. Watchko, et al, 11981 Newburgh Road, Livonia, dated June 11, 1957, wherein they request that the sanitary sewer in Section 31 be extended to service a proposed nursing home to be built on Hix Road, is hereby referred to the Water and Sewer Board for a report and recommendation in regard to a method of financ- ing such a project. By Coung:ilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #460-57 RESOLVED that, the proposed motel regulations submitted to the Council on June 7, 1957, by the City Planning Commission, are hereby re- ferred to the Department of Law for t heir consideration and recommendation. Page 2921 By Councilman Ventura, seconded by Councilman Kleinert and unanimously IL. adopted, it was #461-57 RESOLVED that, the Council, deeming it necessary for the public safety and welfare, does herein request of the Kroger Company that there be installed adjacent to the Kroger Distribution Center, presently under construction, a separate traffic lane on the west side of Middle Belt, in such location and of such dimensions as may be required by the Wayne County Road Commission in order that it might adequately accommodate the additional flow of traffic that will be entering the Distribution Center; and RESOLVED further, that the Wayne County Board of Road Commissioners is herein requested to install a traffic control signal light on Middle Belt Road at the entrance to the Kroger Distribution Center, presently under con- struction; such device being essential if a traffic hazard is to be avoided at this location. By Councilman Bagnall„ seconded by Councilman Kleinert and unanimously adopted, it was #462-57 RESOLVED that, resolution #423-57, adopted by the Council at the meeting held June 10, 1957, be and hereby is rescinded. By Councilman Sagnall, seconded by Councilman Daugherty, it was #463-57 RESOLVED that, the Council does hereby approve the action of the Civil Service Commission in establishing the position of administrative assistant to the Mayor, to be known as Budget Director and to have the same Civil Service classification, qualifications and compensation as the Chief Accountant in the City Clerk's office; that such Budget Director be assigned by the Mayor for work in the Water and Sewer Division and all other depart- ments, divisions and agencies of the City under the control of the Mayor; that the duties of such Budget Director include those set forth in the letter to the Council by Lybrand, Ross Brothers and Montgomery of May 24, 1957; that the Council does further concur with the Civil Service Commission in fixing the yearly compensation of such Budget Director in the amount of $6.512.00 (first 6 months), $6,986.00 (7 thru 12 months), $7,460.00 (after 12 months); that one half of such compensation shall be charged to the Water and Sewer Division and the balance to the Mayor's office; that an ap- propriation in the amount of S1,628.01 is hereby made to the Water and Sewer Division and an appropriation to the Mayor's office in the amount of 511628.01 is hereby made from the Unappropriated Surplus for the purpose of paying such compensation for the balance of the current fiscal year. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Bagnall and Grant. NAYS: Jones and Kleinert. The President declared the resolution adopted. Page 2922 On motion of Councilman Daugherty, seconded by Councilman Jones and unanimously adopted, this 211th regular meeting of the Council of the City of Livonia was duly adjourned at 11:09 P. M., June 17, 1957. Pr' • W. C ark, City Clerk