Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1957-06-24 Page 2923 MINUTES OF THE TWO HUNDRED TWELFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 2L., 1957, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:22 P. M., by the President of the Council. Councilman Bagnall delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Frank O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert, David L. Jones, Peter A. Ventura and John T. Daugherty. Absent-- None. By Councilman Bagnall, seconded by Councilman Kleinert, it was #b64-S7 RESOLVED that, the minutes of the 211th regular meeting of the Council of the City of Livonia held June 17, 1957, are hereby approved as submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Kleinert, Bagnall, O'Neill, Daugherty and Grant. NAYS: Jones, The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Ventura, it was #165-57 RESOLVED that, having considered the request of the Director of Public orks dated June 20, 1957, and approved by the Mayor, and in order to provide better and faster service to the public, theCouncil does herein authorize the Director of Public Works to contact the Michigan Bell Tele- phone Company and arrange for the installation of a centralized telephone system with appropriate listings which would reroute all calls to the several divisions of the Department of Public 'works through the existing City Ha11 switchboard; such complete centralized telephone system to be under the jurisdiction of the Mayor's office; and there is hereby trans- ferred from the Unappropriated Surplus to the City's Telephone Account of the Mayor's Budget, the sum of $150.00 to cover the cost of installation and the additional cost of operation. A roll call vote was taken on the foregoing resolution with the following result : AYES: Ventura, Jones, Kleinert, i3agnall, O'Neill, Daugherty and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Ventura and unanint usly adopted, it was Page 292 . ##466-57 RESOLVED that, the legal description contained in Council resolution #446-57, adopted at the regular meeting of June 17, 1957, is hereby amended by adding thereto the following: "also, except the South 300.0 feet thereof and consisting of 0.61 acres, the sane being Item No. D2g2a on the Livonia City tax records." The hour of 8:30 P. M., having arrived, Marie W. Clark,City Clerk, opened and read the following bids for newspaper publishing: *The Livonia News, 11547 Cardwell, Livonia, Michigan *The Livonian, 33050 Five Mile Road, Livonia, Michigan *Copies of the foregoing bids are on file in the office of the City Clerk. By Councilman O'Neill, seconded by Councilman Kleinert, it was RESOLVED that, bids for newspaper publishing be laid on the table for one week. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill and Kleinert. NAYS: Jones, Dagnall, Daugherty, Ventura and Grant. The President declared the resolution denied. By Councilman Daugherty, seconded by Councilman Ventura, it was #467-57 RESOLVED that, the bids for newspaper publishing be referred to the Committee of the Whole for study and consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Kleinert, Bagnall, O'Neill and Daugherty. NAYS: Jones and Grant. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was ##468-57 RESOLVED that, having considered the request of Walter Sobon, 9092 Hartel Avenue, dated June 17, 1957, for permission to extend a certain sewer in the City of Livonia, and pursuant to the recommendation of the Nater and Sewer Board and the dater and Sewer Committee of the Council, the Council does hereby grant to the said Mr. dalter Sobon permission to extend the present City sewer line north from Olson Street along Hartel Avenue, a Page 2925 distance of approximately 100 feet for the purpose of s ervicing the residence at the above address; provided, however, that this permission is subject to the following conditions: 1. That the entire cost of this project will be borne by Mr.Walter Sob on; 2. That all plans for extension of said sewer line must be installed and completed in conformance with the requirements of the City Engineer; and provided further, that this permission is conditioned on the understanding between Mr. J'J4ter Sobon and the City that said extension and lateral sewer, when installe , will become part of the sewer system of the City of Livonia; and that the sewage disposal and connection charges, as legally established, shall be applicable thereto. The Ordinance entitled "An Ordinance to Amend Section 13 of Ordinance No. 135, entitled 'An Ordinance Regulating the Making, Filing, Approving and Rejecting of Plats; and Providing for Minimum Improvements, Inspection of Land and Improvements, Filing of Bond, Inspection, Engineering and Filing Fees, Hiring of Engineering Con- sultants, Administration of this Ordinance, Adoption of Regulations Hereunder and Penalties for Violation Hereof'," introduced by Councilman Bagnall June 17, 1957, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Ventura, Jones, Kleinert, Bagnall, O'Neill, Daugherty and Grant. NAYS: None. The President declared the Ordinance duly adopted and will become effective on date of publication, July 4, 1957. By Councilman Jones, seconded by Councilman Ventura, it was #t69-57 HESOLVED that, a copy of the City Attorney's opinion under date of June 17, 1957, be forwarded to the City Assessor, and the City Assessor be directed to prepare the assessment roll in Special Assessment District No. 10, deleting those parcels of property the City Attorney determined not to be assessed by the City, and that such be respread over the assessment district. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Jones, Kleinert, Bagnall, O'Neill, Daugherty and Grant. NAYS: None. By Councilman Ventura, seconded by Councilman Jones, it was Page 2926 #) 70-57 RESOLVED that, WHEREAS, pursuant to the direction of the Council, the City Assessor of said City of Livonia, has prepared and reported to the Council the assess- ment roll covering and containing the Special Assessment assessed and levied, respectively, in proposed Special Assessment District No. 9, as heretofore established for the construction of proposed paving in said district as designated in resolution heretofore 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 ex- amination and that the City Clerk be and hereby is directed 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 Municipal Building in said City at 7:30 o'clock P.M., on Thursday, July 18, 1957, to review the said Special Assessment Roll, at which time and place opportunity will be given to all persons interested to be heard; IT IS FURTHER RESOLVED thaw, 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 July 18, 1957, 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 latest tax assessment roll in the City Assessor's office. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Jones, Bagnall, O'Neill, Daugherty and Grant. HAYS: Kleinert. The President declared the resolution adopted. A recess was called at 9:17 P. M., after which the meeting resumed with all members present who were named as present in the original roll call of this meeting, except Councilmen *Bagnall and *—Daugherty. By Councilman O'Neill, seconded by Councilman Jones, it was #171-57 RESOLVED that, approval of Joy Ann Subdivision be tabled until the next regular meeting of the Council. A roll call vote was taken on the foregoing resolution with the following result: AYE'S: Ventura, Jones, O'Neill and Grant. NAYS: Kleinert. The President declared the resolution adopted. Page 2927 :Councilman Bagnall returned at 9:35 P. M. By Councilman Jones, seconded by Councilman Bagnall, it was **Councilman Dau;herty returned at 9:36 P. M. #472-57 RESOLVED that, the report and recommendation of the City Planning Commission dated May 24, 1957, as to Petition No. Z-215, submitted by William R. and Marilyn Kolak for change of zoning classification in the Northeast 1/4 of Section 20 from AG-B to C-1 has been considered; Petition No. Z-215 is hereby approved and the City Attorney is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Jones, B*gnall, O'Neill, Daugherty and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Jones, it was #473-57 RESOLVED that, the report and recommendation of the City Planning Commission dated Nay 24, 1957, as to Petition No. Z-222 of Elwood C. Manns for change of zoning classification in the Northwest 1/4 of Section 13 from RUFB to C-2 has been considered;; Petition No. Z-222 is hereby approved and the City Attorney is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution; provided, however, that the intro- duction of such ordinance is conditioned on the petitioner submitting to the Council sufficient evidence that a funeral home use restriction has been re- corded on the deed to the parcel described in said petition. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Jones, Bagnall, O'Neill, Daugherty and Grant. NAYS: t einert. The President declared the resolution adopted. By Councilman Jones, seconded by Councilman Ventura, it was #Lt74-57 RESOLVED that, the report and recommendation of the City Planning Commission dated May 24, 1957, as to Petition No. Z-223 of Gilbert and Dorothy I. Rohde and Marvin Premier, for change of zoning classification in the Northeast 1/L4. of Section 20 from AG-B to C-1 has been considered; Petition No. Z-223 is hereby approved and the City Attorney is instructed to prepare an Ordinance amending Ordinance No. 60 in accordance with this resolution; pro- vided, however, that the introduction of this ordinance is conditioned on the receipt of a letter from petitioner stating that the parcel described in said Petition No. Z-223 will be used only for professional clinic and office purposes. A roll call vote was taken on the foregoing resolution with the following result: Page 2928 AYES: Ventura, Jones, Bagnall, O'Neill, Daugherty and Grant. NAYS: Kleinert. The President declared the resolution adapted. By Councilman Ventura, seconded by Councilman O'Neill, it was RESOLVED that, Petition No. Z-211 be tabled for further study at the next Committee of the Whole meeting. 5A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Kleinert and O'Neill. NAYS: Jonas, Bagnall, Daugherty and Grant. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman O'Neill, it was #1475-57 RESOLVED that, the amendment to Ordinance No. 60, Used Car Lots, Petition No. Z-211, be referred to the Committee of the Whole for further study. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura , Kleinert, O'Neill and Grant. NAYS: Jones, Bagnall and Daugherty. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #476-57 RESOLVED that, the recommendation of the City Engineer re: expansion of Sanitary Sewer on North side of Five Mlle Road between Middle Belt and Oporto be tabled until the next study meeting of the Council. By Councilman Bagnall, seconded by Councilman O'Neill, it was #477-57 RESOLVED that, Mr. Harry E. .Jolfe, President, Harry E. Wolfe, Inc., 33235 Seven Mile Road, Livonia, Michigan, as proprietor, having requested the City Council to approve the proposed plat of the following Subdivision: Livonia Hills Estates Subdivision, located on the South side of Eight Mile Road approximately 1,225 feet East of Haggerty Road in the Northwest 1/4 of Section 6, City of Livonia; and it appearing that tentative approval of said proposed plat was tt_iven by the City Planning Commission under date of April 2, 1957; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have b een approved by the Department of Public Works under date of June 20, 1957; the City Council does hereby approve said proposed plat on the following conditions: Page 2929 (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 Uorks, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improve- ments shall not be considered as having been satisfactorily in- stalled until there is filed with the Council a Certificate as pro- vided in Section 1)4 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 ors in lieu thereof, there is filed with her by said pro- prietors a bond to the City of Livonia, in such form as may be ap- proved by the City Attorney, and in the following amount: S53,000.00 - Fifty-Three Thousand Dollars and until all inspection fees and other charges due to the City of Tlvonia have been fully paid; (4) On full compliance with the above conditions and with the pro- visions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix hei signature to said Plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Jones, Ideinert, Bagnall, O'Neill, Daugherty and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Jones, it was #478-57 RESOLVED that, the Council does herein concur with the recommenda- tion of the City Engineer and Director of Public Works dated June 18, 1957, and the request for the release of the remaining bond on Rosedale Meadows Subdivision No. 2, is hereby denied until such time as the City Engineer re- ports that the presently existing drainage condition in said subdivision has been corrected. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Bagnall, O'Neill and Daugherty. NAYS: Ventura, Kleinert and Grant. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Daugherty, it was #479-57 RESOLVED that, the Council reconsider the matter of release of funds in Rosedale Meadows Subdivision No. 2. Page 2930 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Kleinert, Bagnall, Daugherty and Grant. NAYS: Jones and O'Neill. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #480-57 RESOLVED that, having considered the request of the proprietor of Rosedale Meadows Subdivision No. 2, and having considered the report of the Department cf Public Works dated June 18, 1957, the matter of the bond release for Rosedale Meadows Subdivision No. 2, be referred back to the Department of Public 'Works for its further report and recommendation. The report of the Municipal Court for the month of May, 1957,, was received and placed on file. Councilman Daugherty introduced the following emergency Ordinance: Councilman Bagnall was excused at 10:15 P. . NO. 176 AN ORDINANCE TO PROVIDE FOR THE CANE OF FIRE HYDRANTS AND WATER PIPES; TO FORBID USE OF HYDRANTS OR WITHDNA'WAL CFWATER WITHOUT PROPER AUTHORIZATION; TO HLGULtkTE THE 1ERMTSSIVE USE OF HYDRANTS AND WITHDRAWAL OF WATER THEREFROM, INCLJDING THE ISSUANCE OF PER- MITS, FILING OF RATES, AND INSPECTION FCR DAMAGF; AND TO PROVIDE PENALTIES FOR VIOLATION HEREOF. THE CITY OF LIVONIA ORDAINS: Section 1. No person shall , save for the purpose of extinguishing fires, open any fire hydrant or street reservoir or city cistern or use any water from the same without first having procured the express permission in writing of the Water and Sewer Division of the Department of Public Works of the City of Livonia. Section 2. The dater and Sewer Division is hereby authorized to allow, by written permit, the withdrawal of water from fire hydrants by sulidividers, builders or other persons upon written applications therefor by such user accompanied by a cash deposit of Fifty Dollars ($50.00) which is to be a security against damages to the hydrant. Upon receipt of application and deposit the Department may issue a written permit with a definite time limit, which permit shall be non-transferable, and shall apply only to a specified location. Before releasing said deposit to the permit holder the Water and Sewer Division shall inspect the hydrant for damage. If any damage has occurred the cost thereof shall be deducted from the deposit. If the damage should exceed the amount of the deposit the excess shall be billed to the user. Withdrawal of water for the , urpose of flooding skating rinks in winter under the supervision of the Parks and Recreation Department shall be exempt from the cashdeposit and fee provisions of this ordinance. Page 2931 Section 3. Before any permit shall be issued under the terms of this or- dinance the app�icant shall pay to the dater and Sewer Division a permit fee at the rate of Three Dollars (. 3.00) per hydrant for each twenty-four (24) hour period for which the permit is to be issued. This fee shall cover the cost of issuing the permit,. the cost of water used and other incidental items. At the option of the applicant, charges for use of wauer may be determined by installation of a water meter under the provisions of Ordinance No. 43, as amended. Section 4. It shall be the duty of every person who, while excavating in any public street or alley or elsewhere, may discover a leak or defect in any of the public water pipes of the City or in any service pipe connected therewith to give notice forthwith to the person in chaiTge of such excavating whose duty it shall be forthwith to give notice to the dater and Sewer Division. No person shall fill up such excavation or suffer or cause the same to be filled up until such pipe is re- paired and such leak stopped. Section 5. No person shall open or remove any part of a fire hydrant with- out proper authorization or tamper with, damage or destroy any part thereof. Section 6. Application for a permit and acceptance thereof shall constitute an agreement by the holder of such permit that, he will comply with all ordinances, rules and regulations of the City, and any violation thereof shall be deemed a breach of said agreement and shall constitute sufficient cause for the dater and Sewer Division to revoke such permit. Section 7. Penalty. Every person convicted of a violation of this ordinance shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by im- prisonment of not pure than ninety (90) days or by both such fine and imprisonment in the discretion of the court. Section 8. Repeal. All ordinances or parts of ordinances in conflict here- with are hereby repealed only to the extent necessary to dive this ordinance Bill force and effect. Section 9. Severability. Should any portion of this ordinance be held in- valid for any reason such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. Section 10. This Ordinance is hereby declared to be an energency ordinance necessary for the protection of the public health and welfare, and shall take effect immediately on publication. A roll call vote was conducted on the foregoing Ordinance with the following result: AYES: Ventura, Jones, Kleinert, O'Neill, Daugherty and Grant. NAYS: None. The President declared the Ordinance duly adopted and will become effective on date of publication, July 4, 1957. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was Page 2932 #481-57 RESOLVED that, Petition No. V-22, submitted by residents in Section 24, City of Livonia, for vacating certain described alleys, be referred to the City Planning Commission for action according to law and Ordinance No. 29, By Councilman Ventura, seconded by Councilman Kleinert, it was #482-57 REjOLVED that, having considered the report and recommendation of the City Engineer and Director of Public Works dated June 19, 1957, there is hereby released for payment to Verville-Rabaut, Inc., General Contractors, 32L96 Plymouth Road, Livonia, Mjchigan, the balance of $500.00 on the contract dated November 8, 1956, between the aforementioned Verviile-Rabaut, Inc., and the City af Livonia, for the construction work on the Engineering Building, 13325 Farmington Road, all work having been performed satisfactorily; and the City Clerk and City Treasurer are hereby authorized to do all things necessary to the full performance of thjs resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Jones, Kleinert, O'Neill, Daugherty and Grant. NAYS: None, Councilman Bagnall returned at 10:29 P. M. Councilman Ventura introduced the following Ordinance: NO. AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO.130 OF THE CITY OF LIVONIA ENTITLED "AN ORDINANCE CREATING A 1,1AJER AND SEVER DIVISION OF THE D-L]PARTHENT OF PUBLIC ,iDRE16.1 ESTABLISHING THE OFFICE OF ASSISTANT DIRECTOR AND CONnISSIONER; CREATING A WATER AND SITTER BOARD; DETERMINING THE MARS AND DUTIES OF SUCH DIVISION, ASSISTANT DIRECTOR, COMIISSIONE'R AND BOARD; PROVIDING FOR THE OP"IRA2ION OF SUCH DIVISION; PROVIDING FOR THE MAKING OF RULES AND HIJGCLATIONS; AND i-ROVIDING FOR THE REPEAL OF PRIOR ORDINANCES." ' THE CITY OF LIVONIA ORDAINS: Section 1. Section 3 of the ,jater and Sewer Division Ordinance, Ordinance No. 130 of the City of Livonia, is hereby amended to read as follows: Section 3. Creation of dater and Sewer Division, pursuant to Section 1 of Chapter II, and Section 11 of Chapter IV and Sections 10 and 12 of Chapter V, of the Charter of the City of Livonia, the Council does hereby create a Water and Sewer Division of the Department of Public Works, which division is created and shall be operated in conformance with law and without any impairment or detriment to any and all obligations and liabilities of the Township of Livonia, the Water Department of said town- ship, and the City of Livonia and its Water Department, either under exist- ing revenue bonds or otherwise. The functions of such division shall include the planning, construction, repair and maintenance of all water and sewer Page 2933 mains, lines, extensions, additions and facilities; the billing, collecting, depositing, safes-uarding, distribution and disbursement of all funds, monies, accounts receivable, rates and charges required to be collected, handled and disbursed under all ordinances of the City of Livonia pe rtaininF to Water and Sewer Systens, particularly Ordinances numbered 26, 142, )43, 80, 98, 100 and 115, and also all ordinances and amendments hereinafter enacted in relation to such subjects; the keeping of complete and accurate books and records in any way pertaining to the functions of such divisi on, in the manner required by law; provided however, that the constriction, repair and maintenance of all storm and sanitary sewers and drains and all water mains, lines, meters, hydrants, machinery, vehicles and equipment shall be performed or effectuated by the Operations Division of the Department of Public Works under the con- trol of the Superintendent of Public Works. 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 any of the remaining portion of this ordinance. The foregoing Ordinance was placed on tip table for consideration at the next regular meeting of the Council. By C ouncilman Daugherty, seconded by Councilman Ventura and unanimo®.sly adopted, it was #)-1.83-57 RESOLVED that, the matter of the enforcement of Ordinance No. 314., relative to the colle ction of municipal waste be referred to the Mayor for report and rocommnendationto the Council as soon as possible. By Councilman Bagnall, seconded by Councilman Daugherty and unanimously adopted, it was #1.814-57 RMOLVED that, regular meetings of the Council of the City of Livonia for the month of July, 1957, be held on the first, third and fifth Mondays, such dates being July 1st, 15th and 29th. On motion of Councilman Bap-nail, seconded by Councilman Ventura and unanimously adopted, this 212th re alar meeting of the Council of the City of Livonia was duly ad- journed at 10:1.8 P. M., June 214, 1957. Marie W. Clark, City Clerk