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HomeMy WebLinkAboutCOUNCIL MINUTES 1952-01-10 ADJOURNED Page 599 MINUTES OF THE ADJOURNED THIRTEENTH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 10, 1952, above meeting was held at 33110 Five Mile Road, Livonia, Michigan, and was called to order at approximately 7.17 P. M. by the Vice-President of the Council, Wilson W Edgar Roll was called with the following result: Present-- Wilson W Edgar, Raymond E Grimm, Nettie Carey, Harvey Jahn and John Whitehead Absent-- Harry S Wolfe and William Taylor. By Councilman Grimm, seconded by Councilman Jahn and unanimously adopted as follows, it was . fb 9 RESOLVED, that the City Council does hereby accept the recommendation of the Committee of the Whole on the plans for the new City Hall, that the floor plans and space requirements as prepared by Ralph R Calder, Architect, and identified by the signature of the City Clerk and the date of such recommendation, be and hereby are approved; provided, however, that only the front section of the building be built at the present time and such architect is hereby directed to complete the plans and specifications for such floor section; and, provided further, that the remainder of the building be built at some future time, subject to such revisions as may be made. Mr John Nunnelley, special bond attorney, appeared before the Council and made a full explanation as to the extensions of the water system and Sewage Disposal System No. 2 Mr. K. K. Martin discussed with the Council his recommendations as to the sale of bonds on Sewage Disposal System No 2 Mr Harry S Wolfe appeared at 8.45 P M and thereafter participated in the meeting. The proposed ordinance covering Sewage Disposal System No 2 was read The proposed ordinance covering the extension to the water system was read. On motion of Councilman Grimm, seconded by Councilman Jahn and unanimously carried, the meeting was adjourned at 9.140 P M , January 10, 1952. Attested• M9zit Clark, City Clerk Wilson W. Edgar, Vice-President Page 600 MINUTES OF THE FIFTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 14, 1952, above meeting was held at 33110 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8 .15 P M by the President of the Council, Harry S Wolfe Roll was called with the following result• Present-- Harry S Wolfe, Wilson W Edgar, Raymond E Grimm, Harvey Jahn, Nettie Carey, John Whitehead and William Taylor Absent-- None The minutes of the 57th regular meeting of the Council held December 17, 1951, were read by the City Clerk A mention was made of the omission of Hubbard Road in Paragraph (c) in the resolution appearing on Page 586 of the minute book pertaining to the vacating of streets and alleys in Grennada Park Subdivision No 1 and, with the consent of all present, a correction was accordingly made By Councilman Whitehead, seconded by Councilman Jahn and unanimously adopted as follows, it was . 14-PO RESOLVED, that the minutes of the 57th regular meeting of the Council, as corrected, be and hereby are approved By Councilman Grimm, seconded by Councilman Whitehead and unanimously adopted as follows, it was : /9-SP RESOLVED, that the hour of 8.30 P M having arrived, the time for receiving bids on the fire truck and express pick-up be declared terminated; and that the City Clerk read all bids received By Councilman Edgar, seconded by Councilman Jahn and unanimously adopted as follows, it was : f?-'/-1" RESOLVED that, prior to reading the bids, the President appoint a committee of three to meet with the Fire Chief and make recommendations as to the purchase of the fire truck The President then appointed to the foregoing committee, Councilmen Grimm, Taylor and Jahn The following bids on the fire truck were then opened and read: Page 601 (1) The General Fire Truck Company $15,755.05 2nd proposal $17,700 43 3rd proposal $18,963 89 (2) American—LaFrance Foamite Corp $19,810 00 (3) Mack Motor Truck Corp . . . . . $19,846 39 (4) Peter Pirsch & Sons Co $18,850 00 By Councilman Edgar, seconded by Councilman Whitehead and unanimously adopted as follows, it was . 8i3 RESOLVED, that the foregoing bids be referred to the Fire Chief and the special committee for their recommendations and report. The bids on the F3 Express Truck were then opened and read as follows : (1) Ellsworth Ford Sales $1,513 12 (This was the only bid received) By Councilman Jahn, seconded by Councilman Taylor and unanimously adopted as follows, it was . e 8/J1 RESOLVED, that the foregoing bid be referred to Clarence Hoffman, Director of Parks and Recreation, for his recommendation With the consent of all present the rules were suspended in order to hear from Mr. Russell C Ashmore, Attorney, on the proposed establishing of a Transit Mix Cement business in the City of Livonia By Councilman Jahn, seconded by Councilman Taylor and unanimously adopted as follows, it was . J3 I& RESOLVED, that the City Clerk send a letter to the Reconstruction Finance Corporation stating the great need within the City of Livonia for transit mix cement, which need could best be satisfied by the establishment of a transit mix cement business in the City of Livonia, in order that the considerable amount of construction in Livonia, both residential and industrial, may be performed without minimum delay and expense, and also in order to aid the defense program, provided, however, that nothing contained herein shall interfere with the proper location of business and industry within the City of Livonia under the Zoning Ordinance The Council then returned to the regular order of business. Councilman Edgar made a report on behalf of the Insurance Committee, which report was accepted Page 6(2 The Council then examined the plans for the new City Hall By Councilman Jahn, seconded by Councilman Carey and unanimously adopted as follows, it was: P- 3/19 RESOLVED, that the attached plan of the new City Hall, as identified by the signatures of the members of the Council, be and hereby is approved subject to an amendment designated Exhibit "A" likewise identified by the signatures of the members of the Council, which Exhibit "A" is tentatively approved subject to such revisions as may be hereafter made; that the architect Ralph R Calder proceed at once with preparation of the detailed plan and specifications as to all of said City Hall except the portion identified as Exhibit "A". 1 The result of the roll call vote on the foregoing resolution was as follows: AYES: Grimm, Carey, Edgar, Jahn, Taylor, Whitehead & Wolfe. NAYS. None By Councilman Grimm, seconded by Councilman Taylor and unanimously adopted as follows, it was: A g/ 7 RESOLVED, that the bid for the F3 8 ft Express Ford, 6 cyclinder 95 H.P , painted green, in the amount of $1,513 12, plus any factory increase in price for 1952, which bid was submitted by Ralph Ellsworth, Inc , and is dated January 14, 1952, be and hereby is accepted; and the Department of Parks and Recreation is hereby authorized to purchase said Ford in accordance with this resolution The result of the roll call vote on the foregoing resolution was as follows • AYES • Grimm, Carey, Edgar, Jahn, Taylor, Whitehead & Wolfe NAYS: None The ordinance introduced by Councilman Edgar at the 57th regular meeting of the Council, entitled "An Ordinance Regulating Construction, Improvements, Alterations, Repairs, Cperations, Excavations and Work in Public Streets, Alleys and Thoroughfares; Providing for the Issuance of Permits and the Adoption of Regulations; and Providing a Penalty for the Violation Thereof", was removed from the table and a roll call vote was taken thereon as follows : AYES: Grimm, Carey, Edgar, Jahn, Taylor, Whitehead & Wolfe. NAYS- None. 111 The President declared the foregoing ordinance adopted and effective as of the date of publication, January 25, 1952. Page 603 The Ordinance introduced by Councilman Whitehead at the 57th regular meeting cf the Council, entitled "An Ordinance Regulating the Planting, Growing, Maintenance, Care, Removal, Destruction, Sale and Transportation of Trees, Shrubs and Plants in or on the Public Places of the City of Livonia; Controlling `des and Shrubs on Private Property in order to Prevent Traffic Hazards or Menace to Public Safety: Providing for the Issuance of Permits and Licenses, and the adoption of Regulations; and Providing a Penalty for the Violation Thereof'', was removed from the table and a roll call vote was conducted thereon with the following result AYES• Grimm, Carey, Edgar, Jahn, Taylor, Whitehead & Wolfe. NAYS: None. The President declared the foregoing Ordinance adopted and effective as of the date of publication, January 25, 1952 1 By Councilman Whitehead, seconded by Councilman Grimm and unanimously adopted as follows, it was • pi RESOLVED, that the report and recommendations of the City Planning Commission dated January 12, 1952, be and hereby are approved; and that the City Engineer prepare a plan for the extension of Shadyside as recommended in said report, with a width of 60 feet and showing the location of such extension By Councilman Jahn, seconded by Councilman Carey and unanimously adopted as follows, it was : f/9' RESOLVED, that the report and recommendations of the City Planning Commission dated January 12, 1952, as to the proposed plat of Holly Subdivision be and hereby is approved, and such proposed plat is rejected for the reasons stated in such report; and that the City Clerk advise the proprietor of such plat of this rejection and the reasons therefor { By Councilman Carey, seconded by Councilman Jahn and unanimously adopted `{ as follows, it was • gC) RESOLVED, that the letter from Levin, Levin, Garvett and Dill, dated January 9, 1952, be made a part of Petition No 45 for change of zoning classification and that such petition and letter be referred to f'i the City Planning Commission for holding a hearing thereon and making its recommendations according to lam. h'. Page 6d4 By Councilman Jahn, seconded by Councilman Taylor and unanimously adopted as follows, it was . fl F-2/ RESOLVED, that the proposed ''orm of lease for station wagon to the Livonia Unit of the American Red Cross, as prepared by the City Attorney and with the corrections made by the Council, be and hereby is approved; and that prior to taking final action on the purchase of said station wagon, said lease be submitted to the Livonia Unit as to its approval of form By Councilman Carey, seconded by Councilman Edgar and unanimously adopted as follows, it was . Baa RESOLVED, that the City Clerk ask for bids on a station wagon, with an all steel body, either Plymouth, Chevrolet, Ford or Nash By Councilman Whitehead, seconded by Councilman Taylor and unanimously adopted as follows, it was . 0-d93 RESOLVED that, it appearing to the Council that the City Engineer has filed in the office of the City Clerk his report dated December 14, 1951, on proposed Special Assessment District No !a, covering the installation of a street lighting system in Melody Manor Subdivision, all pursuant to Section 6 of Ordinance No 31, the Council does hereby set February 11, 1952, at 8 .30 P M as the date of the public hearing and does hereby direct that notice of such hearing be given as provided in Section 7 of said Ordinance it Letter from Detroit Y M C A dated December 18, 1951, was received and 1 placed on file By Councilman Jahn, seconded by Councilman Carey and unanimously adopted as follows, it was • f,2'/ RESOLVED, that on February 4, 1952, at 8.30 P M a public hearing be held on Petition of Frischkorn Bros , No. 39, for only Livonia residents, and that the City Planning Commission be invited to `.I attend such hearing in order that the same be considered as a joint {. session By Councilman Whitehead, seconded by Councilman Grimm and unanimously adopted as follows, it was : 'S 2ESOLVED that, pursuant to letter dated January 7, 1952, addressed to the City of Livonia from the Board of Road Commissioners for the County }' of Wayne, a letter addressed to the Director of Public Works from Herald Hamill, City Engineer, dated January 10, 1952, the performance of A. Arcari of his contract for construction of Ford Tank plant Storm Sewer be and E; hereby is accepted, subject to the right of the City to hold existing bonds `r.!1 and sureties thereon for one year from this date; that Estimate No. 4 in the amount of $14,017 44 is hereby approved for payment; and that such contractor '1 Page 605 is hereby allowed an extension of time from September 15, 1951, to January 14, 1952, for the performance of said contract The result of the roll call vote on the foregoing resolution was as follows • AYES Grimm, Carey, Edgar, Jahn, Taylor, Whitehead & Wolfe NAYS. None. By Councilman Grimm, seconded by Councilman Whitehead and unanimously adopted as follows, it was : A- Fa* RESOLVED that, after careful consideration of resolution of the Livonia Township Board of Education dated December 10, 1951, the City Council does find that the use by Civil Defense and other municipal agencies of the high school building is shortly about to terminate because of availability of city premises on Seven Mile Road; that the Council and Mayor have formulated a paving program which tentatively includes Hubbard Road from Five Mile Road south to Jamison and which will be of great benefit to the high school and to the large number of people using the same, that the anticipated considerable cost of constructing such paving of Hubbard will be partially financed by special assessment procedure under which the City will contribute from its General Funds according to the use that the public at large will make of the above portion of Hubbard, that, in determining the city's contribution, as well as a possible contribution from the School District lit and other property owners, further consideration will be given to said resolution of the Board of Education; but that the Council doesnot otherwise feel that any further action can be taken at this time. By Councilman Taylor, seconded by Councilman Jahn and unanimously adopted as follows, it was . I Pal RESOLVED, that petition of Edward J Lawrukovich for installation of public lighting on Merriman Road between West Chicago and Plymouth be and hereby is referred to the City Engineer who is hereby required to ascertain and report to the Council all of the facts and information pro- vided in Section 6 of Ordinance No 31 By Councilman Taylor, seconded by Councilman Whitehead and unanimously adapted as follows, it was : 1 RESOLVED, that the petty cash fund of the Department of Public Works is hereby increased to $50 00 The result of the roll call vote on the foregoing resolution was as follows. AYES: Grimm, Carey, Edgar, Jahn, Taylor, Whitehead & Wolfe. NAYS. None. Page 606 The report of the Justice Court for the month of December, 1951, was received and placed on file By Councilman Carey, seconded by Councilman Whitehead and unanimously adopted as follows, it was . ,1) °, RESOLVED that, pursuant to Section 8, Chapter X of the Charter, the Livonian is hereby designated as the official newspaper of the City for the year commencing December 1, 1951, on the condition that the Livonian agrees in writing (1) to publish all minutes, ordinances, public notices and other items submitted to it by the city or any city department or agency, promptly and in accordance with the ordinances of the city and the resolutions of the Council; (2) that all items published in such newspaper pursuant to this resolution be printed accurately, and that the same be carefully and promptly proof—read by such newspaper; (3) that the Livonian shall print and deliver to the City Clerk all ordinances within 10 days following publication, and () ) that the rates of such newspaper be submitted by it in writing to the Council for its approval The result of the roll call vote on the foregoing resolution was as follows: AYES: Grimm, Carey, Edgar, Jahn, Taylor, Whitehead & Wolfe. NAYS. None By Councilman Edgar, seconded by Councilman Jahn and unanimously adopted as follows, it was • /9- S934 RESOLVED, that the road program be submitted to the Livonian as a news story and the City Engineer is requested to furnish the necessary information. By Councilman Edgar, seconded by Councilman Taylor and unanimously adopted as follows, it was . 9- 131 RESOLVED, that the sum of $5,000 00 be transferred from the unallocated fund of the City to Sewage Disposal System No 1, pursuant to the provisions of Ordinance No 26 as amended The result of the roll call vote on the foregoing resolution was as follows- AYES. Grimm, Carey, Edgar, Jahn, Taylor, Whitehead & Wolfe NAYS: None 1 F Page 607 By Councilman Whitehead, seconded by Councilman Taylor and unanimously adapted as follows, it was : 13'2 RESOLVED, that Louis Schimmel be employed to prepare bond prospectus on Sewage Disposal System No 2 and that his compensation be fixed in the amount of $350.00 The result of the roll call vote on the foregoing resolution was as follows: AYES: Grimm, Carey, Edgar, Jahn, Taylor, Whitehead & Wolfe NAYS: None. Letter frau William Brashear, City Attorney, dated January 2, 1952, pertaining to Platting Ordinance and Subdivision Rules and Regulations was read and placed on file 1 Councilman Edgar introduced the following ordinance : NO �t�c AN ORDINANCE REGULATING THE MAKING, FILING, APPROVING AND REJECTING OF PLATS; AND PROVIDING .j FOR MINIMUM IMPROVEMENTS, INSPECTION OF LAND AND IMPROVEMENTS, FILING OF BOND, INSPECTION AND FILING FEES, ADMINISTRATION OF THIS ORDINANCE, ADOPTION OF REGULATIONS HEREUNDER AND PENALTIES FOR VIOLATION HEREOF THE CITY OF LIVONIA ORDAINS Section 1. Title This ordinance shall be known and may be cited as the "Plat Ordinance." Section 2. Purpose The purpose of this ordinance is to promote and protect the public health, safety and welfare. Section 3. Construction This ordinance shall be construed liberally in such manner as o best effectuate its purpose. Section 4. Definitions. Unless otherwise indicated, the following words and phrases, when used in this ordinance, shall have the following respective meanings : "Platting Act" - Act 172, Michigan Public Acts of 1929, as amended. "Planning Commission Act" - Act 285, Michigan Public Acts of 1931, as amended. "Council" - The Council of the City of Livonia, including the term "governing body" as used in the Platting Act Page 608 "Planning Commission" - The City Planning Commission of the City of Livonia, created pursuant to Section 20, Chapter IV, of the Charter, Ordinance No 3 of the City of Livonia and the Planning Commission Act. "Department" - The Department of Public Works of the City of Livonia, including the City Engineer All other words and phrases used in this ordinance shall have the same meanings as defined in the platting act Section 5. Enabling Authority This ordinance is adopted pursuant to the provisions of the Platting Act, which are made a part hereof by this reference, and Section 1 of Chapter II and Secion 11 of Chapter IV, of the Charter of the City of Livonia Section 6 Making of Plats All plats shall be made and prepared in conformance with the Platting Act, Subdivision Regulations and this ordinance. Section 7 Delivery of Plats to City Clerk. The proprietor of any lands within the city of Livonia, desiring to have a plat of such lands approved and recorded, shall deliver to the City Clerk four (14) true plats conforming with all the requirements of the Platting Act, and deposit with the City Clerk the sum of Forty Dollars ($40 00) to provide for the expense of inspection of lands, meeting of the Council and the fees required by such act The City Clerk shall pay from the deposit the fees required by such act and shall deposit the balance of the deposit in the general fund of the City Before receiving any plat and deposit, the City Clerk shall advise the proprietor thereof of the requirement that such plat be approved by the Planning Commission, and that the certificate of the County Treasurer be endorsed thereon together with the certificate of the Board of County • Road Commissioners, if required Section 8 Presentment of Plats to Council The City Clerk shall present any plat received by him to the Council pursuant to the provisions of the Platting Act, and the Council shall approve or reject a plat within thirty (30) days after it is filed with the City Clerk Section 9. Powers of Council In addition to the powers given to it by the Charter and the Michigan Statutes in general, the Council shall have all the powers and rights given to a governing body under the provisions of the Platting Act Section 10. Reference and Inspection All plats received by the City Clerk shall be referred to the Department for examination thereof, inspection of lands contained therein, estimation of cost of installing and constructing improve- ments and such other action as may be required by this ordinance or the Council, and the Department shall make and submit to the Council, within ten (10) days following such reference, a written report and recommendations Section 11 Subdivision Regulations. The Planning Commission shall adopt subdivision regulations governing the platting and subdividing of land within the City of Livonia, and the malting and approval of plats Section 12. Regulations and Specifications as to Improvements. The Department shall make regu ations and specifications governing the nature, extent, installation and construction of all improvements in or on lands within any proposed plat Such regulations and specifications shall not become effective until approved by resolution of the Council Copies of such regulations and specifications shall be made by the Department for distribution to all interested persons Page 609 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: IL (a) Roads and Streets. All roads and streets 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 Commission All roads and streets shall be graded to their full width, shall be surfaced to a width of at least 27 feet with a pavement of Macadam Penetration, or better, and shall be constructed and installed in accordance with the regulations and specifications of the Department. (b) Trees All trees shall be furnished and planted in conformance with the regulations of the Department of Parks and Recreation, as adopted pursuant to Ordinance No. 41 of the City of Livonia, also known as the Tree and Shrubbery Ordinance (c) Street Signs. Street signs shall be furnished and installed in conformance with the Subdivision tegulations. (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 and specifications of the Department. The establishment of the foregoing minimum requirements shall not in any way prevent the Council from imposing such additional requirements as may be authorized by law, IL including the Platting Act. Section 14. Construction of Improvements All improvements, except trees, shall be installed-in accordance with the regulations and specifications of the Department; and all plans and specifications of such improvements shall be submitted to and approved by the Department All trees shall be planted in accordance with the regulations of the Department of Parks and Recreation Evidence of satisfactory construction or installation of improvements shall consist of the written certificate of the department having jurisdiction thereof. Section 15 Bonds and Agreements The Council may require bonds and agreements, as provided in the Platting Act, insuring the proper installation and construction of improvements Section 16 Approval of Plats The Council shall approve, by resolution, a proposed plat whenever it shall appear that there has been a full compliance with (a) the Statutes of the State of Michigan, including the Platting Act, (b) the ordinances of the City of Livonia, including this ordinance, (c) the Subdivision Regulations, ' IL (d) the regulations and specifications of the Department, and (e) such other requirements as the Council may lawfully impose; I Page 610 and whenever it shall further appear that the minimum requirements as to improvements, as set forth in Section 13 of this ordinance, have been fully satisfied and that such improvements have been properly constructed and installed, or in lieu thereof a li; sufficient bond and agreement have been furnished as provided in Section 15 of this ordinance Evidence of compliance with the Subdivision Regulations shall consist of final approval of such plat by the Planning Commission. Section 17 Rejection of Plats The Council shall reject, by resolution, a plat if it does not conform to the provisions of the Platting Act and this ordinance Such resolution shall contain the reason or reasons for rejection, and a copy of such resolution shall be given to the proprietor within five (5) days following adoption of same Section 18. Subsequent Proceedings If the Council shall approve a plat, the City Clerk shall transcribe upon the plat a certificate of such approval and shall deliver the approved plat, together with a fee of Four Dollars ($4 00), to the Clerk of the County Plat Board for the County of Wayne Further proceedings shall be taken as provided in the Platting Act and the City Clerk shall have such powers and duties as are set forth in such act Section 19 Compliance All proprietors, subdividers and persons platting or subdividing any land within the City of Livonia shall fully comply with this ordinance and the Subdivision Regulations Section 20 Penalty Any person who shall violate or fail to comply with any of the provisions of this ordinance, or any of the regulations adopted in pursuance hereof, shall be guilty of a misdemeanor and upon conviction thereof III shall be punished by a fine not exceeding Five Hundred Dollars ($500 00), or by imprisonment not exceeding 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 21 Repeal 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 22 Severability If any part or parts of this ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance The foregoing ordinance was placed on the table for consideration at the next regular meeting By Councilman Jahn, seconded by Councilman Taylor and unanimously adopted as follows, it was . /9 833 RESOLVED, that on recommendation of the Superintendent of Public ILO Works dated January 14, 1952, an appropriation of $1,500.00 is hereby made from the unallocated fund to the Capital Outlay Building Account in order to be used in completing the municipal garage building The result of the roll call vote on the foregoing resolution was as follows . Page 611 AYES: Grimm, Carey, Edgar, Jahn, Taylor, Whitehead & Wolfe NAYS. None By Councilman Jahn, seconded by Councilman Carey and unanimously adopted as follows, it was : a e73d/ RESOLVED, that the final plat of Bell Creek Farms Subdivision No 1, as amended, be and hereby is approved and the City Clerk is authorized to affix her signature to such plat By Councilman Jahn, seconded by Councilman Taylor and unanimously adopted as follows, it was: ii- J23-5 RESOLVED, that Part II of the Master Plan of the City of Livonia also known as Civic and Central Business Center Plan as adopted by the City Planning Commission on December 13, 1951, and transmitted in its letter of January 12, 1952, be and hereby is accepted and approved, and additional copies of such plan are requested for members of the Council, and city officials On motion of Councilman Grimm, seconded by Councilman Jahn and unanimously passed, the meeting was adjourned at 12.10 A. M., January 15, 1952. 111 Clark, City Clerk Attested. � � / $ S Wolf President /