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HomeMy WebLinkAboutCOUNCIL MINUTES 1957-10-21 ADJOURNED Page 3095 MINUTES OF THE ADJOURNED TWO HUNDRED TWENTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY CF LIVONIA On October 21, 1957, the above meeting was held at 33001 Five Nile Road, Livonia, Michigan, and was called to order at approximately 8:30 P. M., by the President of the Council. Roll was called with the following result: Present-- Austin T. Grant, Frank O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert and Peter A. Ventura. Absent-- 'favid L.Jones and John T. Daugherty. By Councilman Ventura, seconded by Councilman Kleinert, it was #833-57 RESOLVED that WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 9, as required by provisions of the City Charter and Ordinance No. 31, as amended, of the City of Livonia, the City Council has duly met and reviewed the special assess- ments levied on the special assessment roll prepared by the City Assessor to cover the district portion d' the cost of street improvements to be con- structed in Special Assessment District No. 9; AND WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council does hereby determine that the assessments set forth in said Special Assessment Roll No. 9, in the amount of $55,867.65, are fair and equitable and based upon benefits derived to the respective parcels by the construction of the improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council. 2. Said Special Assessment Roll No. 9 is hereby approved and con- firmed in all respects. 3. The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of six per cent (6%) per annum on the unpaid balance of the assessment from the date of confirmation. In such cases where the installments would be less than ten ($10.00) dollars, the number of installments shall be reduced so that each installment shall be above and as near $10.00 as possible. The first installment shall be due and payable December 1, ;958, and subsequent installments on December 1st of succeeding years. la.. Pursuant to the provisions of Sections 14 and 17 of Ordinance No. 31, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is re- quired by said Section 17, and mail assessment statements to the respective Page 3096 property owners assessed in manner and substance as provided by said Section 17. Any property owner assessed, may within sixty (60) days from the date of confirmation of the roll, pay the whole or any part of the assessment without interest or penalty. 5. The first installment shall be spread upon the 1958 City tax roll in manner required by Section 19 of Ordinance No. 31, as mended, to- gether with interest upon all unpaid installments from the date of confirmation of the roll to December 1, 1958, and thereafter one installment shall be spread upon each annual tax roll, together with one year's interest upon all unpaid installments; Provided, however, that when arty annual installment shall have been prepaid in manner provided by said Ordinance No. 31, either within the sixty-day period as provided by Section 18; or after the expiration of the sixty-day period as provided by Section 21, then there shall be spread upon the tax roll for such year only the interest upon all unpaid installments. 6. That the Council having determined to pay the entire cost of the intersections in said district and also a certain portion of Elmira Street in said district, the sum of $6,396.67 is hereby transferred from the Unappro- priated Surplus Fund of the budget to the Special Assessment District No. 9 Account to pay for same; and further that the Council having determined to advance the remaining cost of said improvement, above the $22,250.00 placed in escrow by certain proprietors, rather than the issuance of revenue bonds therefor, there is hereby transferred from the Unappropriated Surplus Fund of the budget to the Special Assessment District No. 9 Account, the sum of $27,220.98 to pay for such improvement and that from assessments collected hereunder said sum shall be returned to the General Fund of the budget. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Ventura and Grant. NAYS: None. NOTE: Ordinance No. 31, Section 114 reads in Dart as follows: "The Council may correct said roll as to any assessment or description of any lot or parcel of land, or other errors appearing therein. Any change made in such roll shall be noted in the Council's minutes." The following changes have been made in the roll for this district: 1. The total of such roll has been increased to ,i,55,867.65. The following being added to the roll originally submitted: (a) Engineering fee - 1/2% of cors truction Cost $ 257.83 (b) Inspection fee - 3% " U " 1,539.72 (c) Contingency Fund - 5% '► n it 2,566.20 2. The cost of intersections shall be borne by the City and the City's share of the entire improvement shall be in the amount of $6,396.67. 3. The amount remaining to be spread in the roll shall be $149,1470.97. )4. That the metriod of assessing certain lots has been altered and the Page 3097 respective assessments of such lots have been increased and decreased accordingly. Those lots affected are as follows: Parcels 36A-1, 36A-2 and Lot 9249 of the New Detroit Subdivision No. 1 shall be assessed for the entire sideage on Deering Avenue. Lot 998, New Detroit Subdivision No; 1, and Lots 208, 209, 1428, 1429 and 159 of the Thomas Elliot Subdivision are to be assessed at one-'za1f of their sideage. 'Councilman Jones arrived at 8:I0 P. M. By Councilman Ventura, seconded by Councilman Bagnall, it was #8314-57 RESOLVED that, pursuant to the report and recommendation of the Department of Public Works dated October 15, 1957, the Council does hereby accept the bid of Thomas B. Currie Company dated October 14, 1957, in the amount of $51,323.90,, such having been the lowest bid received, to install concrete paving 27 feet wide on Deering Avenue from Plymouth to West Chicago and on Elmira from Deering to Clements Circle in Section 36, including necessary storm sewer and other related improvements in accordance with plans and specifications prepared by the City of Livonia; and the Mayor and City Clerk are herein authorized to affix their signatures to a con- tract with the Thomas E. Currie Company for said improvement and the City Clerk is also authorized to return bid bonds received from the unsuccessful bidders. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Jones, Vel tura and Grant. NAYS: None. Marie W. Clark, City Clerk, read a letter from the Department of Public Works regarding sidewalks in Burton Hollow Estates Subdivision, and letter from Slavik Builders, Inc. By Councilman Ventura, seconded by Councilman Kleinert and unanimously adopted, it was #835-57 RESOLVED that, the Department of Law be instructed to prepare an amendment to the Plat Ordinance specifying the width of sidewalks to be installed in R-1 Districts at five feet. By Councilman Kleinert, seconded by Councilman Bagnall, it was resolved that #836-57 WHEREAS, the Slavik Builders, Inc., developers of Burton Hollow Estates Subdivision nave requested approval to install sidewalks to the width of four feet in that particular subdivision, AND WHEREAS, at present there is no City ordinance or other regulations specifying the width of sidewalks as required in such developments, Page 309b NOW, THERM'ORE, BE IT R.SOLVED that, the installation of four foot sidewalk as requested is agreeable to this Council provided that an improvement bond recommended by the Department of Public Works and approved by the Council, equal to the estimated cost of installation of such side- walks in this subdivision be filed with the City Clerk. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Ventura and Grant. NAYS: Jones. The President declared the resolution adopted. Councilman O'Neill w as excused at 9:06 P.M., and returned at 9:08 P. M. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #837-57 RESOLVED that„ the Police Department, with the aid of the Depart- ment of Public Works, be and ishereby instructed to erect barricades which will prevent ingress or egress to the area being developed as the Wonderland Shopping Center and barricades are to close the following roads: Henry Ruff, Doris, Oporto, Louise and Fremont, in Section 35, and further that Camden Avenue in Section 36 be barricaded in the same manner so as to prevent in- gress and egress to the site on which the Junior High School is being built. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #838-57 RESOLVED that, the Council hereby requests the Department of Public Works to furnish a report on the adequacy of the storm drainage in connection with the new shopping center to be erected in the Northeast corner of Section 35, and whether storm drainage from this shopping center will cause any adverse flooding conditions on any abutting and surrounding subdlvisions. Marie W. Clark, City Clerk, read a letter to the Mayor regarding transfer of funds for the City Clerk's office. By Councilman O'Neill, seconded by Councilman Jones, it was #839-57 RLSOLVM that, having considered the request of the City Clerk dated October 114, 1957, and approved by the Mayor, the Council does hereby approve the transfer of $3,743.hi1 from Budget Account #CC L-P to Account #CC l-X. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Jones, Ventura and Grant. NAYS: None. Page 3099 Councilman Ventura was excused at 9:22 P. M. The City Clerk, Marie W.Clark, read a letter from the City Attorney regard- ing proposed acquisition of park property in Section 11. By Councilman Jones, seconded by Councilman Bagnall and unanimously adopted, it was #840-57 RESOLVED that, the proposed acquisition of park property in Section 11 be referred to the next Committee of the Whole meeting, October 24, 1957, and that Mr. James K.Wilkinson be notified to be present. Councilman Bagnall introduced the following Ordinance: NO. AN ORDINANCE AMENDING SECT IONS 2, 3, 17, 20, 21, 24 and 27 OF THE ZONING MAP OF THE CITY OF LIVONIA, AND A MENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60 OF THE CITY OF LIVONIA, BY ADDING THERETO SECTIONS 3.131, 3.132, 3.133, 3.134, 3.135, 3.136 and 3.187. THE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated September 6, 1957, on Petition No. Z-107a, dated June 20, 1957, on Petition No. Z-217, dated July 18, 1957, on Petition No. Z-229, and dated September 6, 1957, on Petitions No. Z-230, No. Z-231, No, Z-235 and No. Z-238, having been considered by the Council, the Council hereby adopt said petitions to amend the Zoning Ordinance and the Zoning Map of the City of Livonia; and all proceedings heretofore conducted on said petitions are hereby approved. Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60 of the City of Livonia is hereby amended by adding thereto the following sections: Section 3.131. Petition No. Z-107a, of J. R. Cunningham, is hereby granted; the zoning classification of the premises described in said petition is hereby changed from RUFB to C-1 as requested in said petition, and the Northeast 1/4 of Section 2 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.132. Petition No. Z-217, of the City Planning Com- mission, is hereby granted; the zoning classification of the premises described in said petition is hereby changed from RUFB and C-2 to M-1, as requested in said petition, and the Southwest 1/4 of Section 27 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.133. Petition No. Z-229 of The Felician Sisters, 0. S. F., is hereby granted;tke zoning classification of the premises Page 3100 described in said petition is hereby changed from R-2 and AG-B to R-2 as requested in said petition, and the Northwest 1/4 of Section 20 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.134. Petition No. Z-230, of John and Palma Smaniotto, is hereby granted; the zoning classification of the premises described in said petition is hereby changed from AG-B to R-3 as requested in said petition,, and the Northwest 1/4 of Section 21 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.135. Petition No. Z-231 of Clifford A. Green, is hereby granted; the zoning classification of the premises described in said petition is hereby changed from R-1-B to C-1 as requested in said petition, and the Southeast 1/4 of Section 3 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.136. Petition No. Z-235 of Forest L. Lawrence, is hereby granted; the zoning classification of the premises described in said petition is hereby changed from RUFB to C-1 as requested in said petition, and the Northwest 1/4 of Section 24 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.137. Petition No. Z-238 of Harry Slatkin Builders, Inc., is hereby granted; the zoning classification of the premises described in said petition is hereby changed from AG-B to R-1-A as requested in said petition, and the Southwest i/4 of Section 17 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 36 of the Zoning Map of the City of Livonia," showing all of the amendments and changes made in the fore- going Section 2 of this ordinance, is hereby approved, established and made a part hereof. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 5. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. The foregoing ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura returned at 9:26 P. M. By Councilman Jones, seconded by Councilman O'Neill, it was #841-57 RESOLVED that, the proposed amendment to the Taxicab Ordinance be referred to the next Committee of the Whole meeting, October 24, 1957. A roll call vote was taken on the foregoing resolution with the following result: Page 3101 AYES: O'Neill, Kleinert, Jones, Ventura and Grant. NAYS: Bagnall. The President declared the resolution adopted. Marie W. Clark, City Clerk, read a letter from the Mayor and Budget Director, pursuant to resolution #796-57, regarding Accounting Machines. By Councilman Bagnal l, seconded by Councilman Jones, it was #842-57 k ESOLVED that, having considered the recommendations from the Chief Accountant dated October 15, 1957 and the Mayor and Budget Director dated October 21, 1957,the Council does hereby appropriate the sum of $7,3113.50 from the Unappropriated Surplus to Budget Account #CC-70 for the purchase of one Burroughs Typewriter Sensimatic Accounting Machine, Style F-1501, and the City Clerk is hereby 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: O'Neill, Bagnall, Jones, Ventura and Grant. NAYS: None. Councilman Kleinert abstained from voting under the provisions of Chapter IV, Section 9 of the City Charter. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman O'Neill, it was RESOLVED that, pursuant to the request of the Department of Law, the Council does herein authorize Carson Johnston, Chairman of the Water and Sewer Board, to negotiate and secure for the City of Livonia those easements in Nankin Township required in order that the Joy Road Pump House Relief Line extending South from Joy Road can be constructed. By Councilman Ventura, seconded by Councilman Bagnall, it was #813-57 RESOLVED that, the request of the Department of Law regarding easements for Joy Road Pump House relief line be tabled to the next study meeting, October 21i., 1957, and that the City Attorney be instructed to furnish the Council with complete information as to the acquisition of rights of way for this project. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Jones, Ventura and Grant. NAYS: O'Neill and Kleinert. Page 3102 The President declared the resolution adopted. On motion of Councilman Jones, seconded by Councilman Bagnall and unanimously adopted, this adjourned 223rd regular meeting of the Council of the City of Livonia was duly adjourned at 9:50 P. M., October 21, 1957. M Clark, City Clerk. Cf,,