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