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HomeMy WebLinkAboutCOUNCIL MINUTES 1956-09-10 Page 2466 MINUTES OF THE ONE HUNDRED EIGHTY-SECOND REGULAR MEETING OF TUE COUNCIL OF THE CITY OF TTVONIA On September 10, 1956, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:17 P. M., by the President of the Council, Austin T. Grant. Councilman Kleinert delivered the invo- cation. Roll was called with the following result: Present-- Austin T. Grant, frank 0 Neill, Sydney B. Bagnall, Rudolf h. Kleinert, David L. Jones, Peter A. Ventura and John T. Daugherty. Absent-- None. By Councilman Daugherty, seconded by Councilman Ventura, it was #557-56 RESOLVED that, in accordance with the provisions of Section 21 of Ordinance No. 27, for this meeting only, the provisions of Section 5 of Ordinance No. 27, be and hereby are suspended only insofar as it pertains to the reading of the minutes of a previous meeting; and BE IT FURTI R RESOLVED that, the minutes of the 181st regular meeting of the Council of the City of Livonia held August 27, 1956, be and hereby are approved as submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES : O'Neill, Bagnall, Kleinert, Ventura, Daugherty and Grant. NAYS: Jones. The President declared the resolution adopted. The City Clerk, Marie W. Clark, read a letter dated September 6, 1956 from the Mayor regarding the tiling of the Blue and Bell Drain. By Councilman Bagnall, seconded by Councilman Daugherty and unanimously adopted, it was #558-56 RESOLVED that, the Council meet with Mr. John Nunneley for the purpose of discussing a contract re: the Blue and Bell Drain on Monday, September 17, 1956. The hour of 8:30 P. M., having arrived, the City Clerk, Marie W. Clark, opened and read the following bids: DOLOIIT'u LIMESTONE MIK - Dept. Public Works 1. Labadie Concrete Co. 0.65 per ton delivered 2. Halley Industries 0.20 per ton delivered Page 2467 By Councilman Ventura, seconded by Councilman Bagnall a nd unanimously adort ed, it was #559-56 RESOLVED that, the foregoing bids for Dolomite Limestone Mix be referred to the Department of Public 4iorks for report and r ecommendation. CONCRETE PAVING, Special Assessment District #7 Botsford Park Subdivision. 1. A and A Asphalt Paving Co. 02,360.00 2. Cadillac Asphalt Paving Co. 70,254.88 3. Detroit Concrete Products Corporation no bid. By Councilman Jones, seconded by Councilman Daugherty and unanimously adopted, it was #560-56 RESOLVED that, the foregoing bids for concrete paving, Special Assessment District #7, Botsford Park Subdivision, be referred to the Department of Public ,works for report and recommendation. STORM SEWERS - Special Assessment District #7. 1. A. J. Smith Cont. Co. 461,903.46 2. Peterson Bros. 11.9,930.14 3. D. Angelo & Policelli Const. Co. 78,4)x..00 4. RayD. Baker 63,601.70 5. United Contracting Co. 79,026.75 6. Base Line Const. Co. 55,666.25 7. George Tripp, Inc. 82311)18.40 8. Sugden and Si Tier, Inc. 64,930.85 9. John Longo & Co. 63,241.10 10. Waterway Const. Co. 50,753.55 11. City Excavating Co. 47,912.38 12. Carlesimo & LaNarra 56,548.49 13. Stocco Excavating Co. 63,262.64 14. Chris Nelson & Son 43,400.65 15. Sinacola Const. Co., Inc. 70,748.05 16. B. Weissman Excavating Co. Inc. 62,972.84 By Councilman Bagnall, seconded by Councilman O1Neill and unanimously adopted, it was ##561-56 RESOLVED that, the foregoing bids for construction of storm sewers in Special Assessment District #7 be referred to the Department of Public Works for careful consideration and recommendation. WEST CHICAGO PAVING 1. Monte Const. Co. $171912.00 2. A. J. smith Contracting Co. 15,624.75 3. Dick Songer Const. Co. 16,351.75 4. Wm. J. Kloote, Jr. 20,514.75 5. Kutchins Co. 19,475.00 Page 214.68 By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #562-56 RL,SOLVNED that, the foregoing bids for the paving and curbs on West Chicago be referred to the Department of Public Works for report and recommendation. By Councilman Ventura, seconded by Councilman Jones and unanimously adopted, it was #563-56 RESOLVED that, the officers of the Civic Associations in the area of the Blue and Bell Drain be notified when there are study meet- ings to be held on the subject of tiling the Blue and Bell Drain. By Councilman Jaugherty, seconded by Councilman Ventura and unanimously adopted, it was #561 -56 RESOLITED that, the Council suspend the regular order of business to take care of items on the agenda wherein interested persons are waiting to be heard on those items. The Ordinance entitled "An Ordinance Amer ding Ordinance No. 60 of the City of Livonia entitled 'An Ordinance to Establish Districts in the City of Livonia; to Regulate the Use of Land and Structures Therein; to itegulate and Limit the Height, the Area, the Bulk and Location of Buildings; to Regulate and Restrict the Location of Trades and Industries and the Lo cation of Buildings Designed for Specified Uses; to Regulate and Determine the Area of Yards, Courts and Other Open Spaces; to Regulate the Density of Population; to Provide for the Administration and Enforcement of this Ordinance; to Provide for a Board of Appeals, and its Powers and Duties; and to Provide a Penalty for the Violation of the Terms Thereof', by Adding Thereto Article 7.50,11 introduced by Councilman Daugherty August 27, 1956, was taken from the table and a roll call vote conducted thereon with the following result: AYES: O'Neill, Bagnall, Jones,Ventura, Daugherty and Grant. NAYS: Kleinert. The President declared the ordinance duly adopted and would become effective on date of publication, Septemuer 27, 1956. Page 24.69 Councilman Daugherty read and introduced the following emergency Ordinance: NO. AN ORDINANCE A.PE;NDING SECTIO SNS 8.02, 8.04, 9.02 AND 9.04 OF ORDINANCE NO. 60 OF THE CITY OF LIVONIA, ENTITLED "ZONINu ORDI NAACE OF TUE CITY OF LIV ONIA". TEE CITY OF LIVONIA ORDAINS: Section 1. Sections 8.02, 8.04, 9.02 and 9.04. of Ordinance No. 60, entitled "Zoning Ordinance of the City of Livonia" are hereby amended to read as follows: Section 8.02. In all R-U-F districts no building or land except as otherwise provided in this ordinance shall be erected or used except for one or more of the following specified uses: (a) All uses permitted in R-1 districts except, however, that single family dwellings shall comply with the minimum lot area as set forth hereinafter by Section 8.04 of this article. (b) Truck Gardens; Green Nurseries and Commercial Green- houses when approved by the City Planning Commission. (c) On one-half (1/2) acre or more, fowl and rabbits may be raised and kept for owner's consumption only; on one (1) acre or more, two (2) horses may be kept for owner's use only; and on two (2) acres or more, two (2) horses and one (1) cow or three (3) horses may be kept for owner's use only; dog kennels may be operated, and fowl and rabbits may be raised for sale; provided, however, that such animals and fowl are properly housed, maintained and fenced so as not to become a nuisance or detrimental to public health, safety or welfare. (d) One (1) non-illuminating sign not greater than nine (9) square feet in area pertaining to the sale or lease of the premises or advertising the sale of the produce, raised thereof, shall be per- mitted on a lot; not more than one (1) non-illuminating trespassing, safety or caution sign, not over two (2) square feet in area, on any one lot. (e) Accessory buildings or structures and uses customarily incidental to any of the above uses when located on the same property, but not more than one (1) temporary building for the sale of the pro- duce of any of the above uses, which shall be located not less than twenty-five (25) feet from the street or highway right-of way line and further that an open space for parking, twenty-five (25) feet off the street or highway right-of-way, be provided for patrons of the market. Section 8.04. Lot Area. Every lot in R-U-F districts shall have an area of not less than one-half(1/2) acre and shall have an average width of not less than one-fourth (1/4) the average depth, provided that a lot shall not be required to have a width greater than one hundred (100) feet. Page 2470 Section 9.02. Uses Permitted. In all AG districts no building or land except as otherwise provided in this ordinance shall be erected or used except for one or more of the following specified uses: (a) All uses permitted in R-1 and R-U-F districts except however that single dwellings comply with the minimum lot area set forth hereinafter by Section 9.04 of this article. (b) Farm buildings. (c) General farming, including horticulture, dairying, livestock and poultry raising, farm forestry and similar bona fide agricultural enterprises or uses of land and structures, except farms operated wholly or in part for the disposal of garbage, sew- age, rubbish, offal and waste from rendering plants. (d) Office of a veterinarian and animal clinics. (e) Public stables, riding stables and riding academies when located adjacent to existing bridle trails or when bridle trails are constructed and maintained on the same property with the stable or riding academy. (f) The raising of fur bearing animals on a farm of five (5) acres or more, where the pens or cages are located not less than one hundred (100) feet from any front, side or rear property line, on approval by the City Planning Commission. (g) Airports, landing fields and platforms, hangars, masts and other facilities for the operation of aircraft after public hear- ing and approval of the City Planning Commission, (h) Carnivals, outdoor circuses or migratory amusement enterprises on approval of the City Planning Commission. (i) Cemeteries when approved by the City Planning Com- mission. Section 9.04. Lot Area. Every lot in AG districts shall have an area of not less than three (3) acres and shall have an average wLdth of not less than one-fourth (1/4) the average depth of the lot; provided, however, that a lot shall not be required to have a width greater than three hundred (300) feet. If a parcel of land, prior to the date of the enactment of this ordinance, has less than three (3) acres, but at least one-half (1/2) acre, such parcel shall comply with all of the requirements of the R-U-F district. 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 the remain- ing portions of this ordinance. Pa-e 2471 Section 4. This ordinance is declared to be an emergency ordinance, necessary to the public welfare and shell take effect :imeediately upon publication. President Grant relinquished the Chair to Vice President O'Neill at 9:31 P.M. Councilman Kleinert was excused at 10:12 P.M., and returned at 10:1)4 P.M. A roll call vote was conducted on the foregoing ordinance with the following result: AYES: 3agnall, Kleinert, Jones, Ventura, Daugherty, Grant and O'Neill. NMS: None. Vice eresident O'Neill declared the ordinance duly adopted and would become effective on date of publication, September 27, 1956. A recess was called at 10:15 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 *Councilman Bagnall, who returned later; President Grant presiding. By Councilman Jone_11 seconded by Councilman O'Neill, it was #565-56 R.:SOLVED that, upon recommendation of the Department of Public Works, the bid of Nelley Industries for Dolomite Limestone Mix in the amount of 0.20 per ton delivered, is hereby approved. A roll call vote was taken on the foregoing resolution with the following result: AIS: O'Neill, Kleinert, Jones, Ventura, Daugherty and Grant. NAYS: None, By Councilman O'Neill, seconded by Councilman Daugherty, it was #566-56 R. BOLVED that, the Department of l'ublic Works make an inspection of all the schools with similar conditions of Grant School as to side walks and present a report to the Council. *Councilman Bagnall returned at 10:47 P. 11. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Kleinert, Ventura and Daugherty. NAYS: Bagnall, Jones and Grant. The President declared the resulution adopted. Mr. David Jeinzinger, Director of Puolic dorks, read a letter to the Council, dated September 10, 1956, regarding revision of sewer plans at the Snuthwest corner of Five Mile and Farmington Roads. By Councilman Ventura, seconded by Councilman O'Neill, it was #567-56 RESOLVED that, the Council concur with the recommendation of the Director of Public Works dated September 10, 1956 and that Mr. Kunze of the Wayne County Road Commission is hereby authorized to expend the additional sum of 43,500.00 from the Sewer Bond Fund for the completion of the revised sewer plan at the Southwest corner of Farmington and Five Mile Roads. Page 2472 A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Jones, Ventura, Daugherty and Grant. NAYS: None. The City Cleric, Marie W. Cl*rk, read the report of the Department of Engineer- ing and recommendation of the City Planning Commission as to approval of plat of Harrison Park .(-.0dbdivision. Mr. Nandino Perlongo appeared in behalf of the subdivider. Councilman Daugherty challenged the decision of President Grant as to the propriety of this matter appearing on the Council agenda, pursuant to Council resolution #337-56, adopted May 21, 1956. President Grant relinquished the chair to Vice President. O'Neill at 11:26 P. M. A roll call vote was taken on the challenge of the ruling of the Chair, with the follow- ing result: AYES: Bagnall, Eleinert, Ventura, Grant and O'Neill. NAYS: Jones and Daugherty. The Vice President declared the ruling of the Chair was sustained. President Grant resumed the Chair at 11:30 P. M. By Councilman Bagnaill seconded by Councilman O'Neill, it was #568-56 RESOLVED that, Harry Oranader, N. & R. Homes, Inc., 9601 Southfield Road, Detroit 2o, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Harrison Park Sub- division, located on the Southwest corner of Harrison and Terrence Avenues in the Southwest 1/4 of Section 13, and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of August 17, 1956; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Department of Public Works under date of September 5, 1956; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be supervised and inspected by the Department of Public oiorks and such improvements shall not be considered as having been satisfactorily installed until there is filed with the uouncil a Certificate as provided in Section 14 of said Ordinance No. 135; Page 2473 (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily instnlled, or, in lieu thereof, there is filed with her by said proprietors, a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: - - One Hundred Twenty-Nine Thousand Dollars - - ( 0.291000.00) - - and until all inspection fees and other charges due to the City of Livonia have been fully paid; and (LI) On full compliance with the above conditions and with the pro- visions of said Plat Ordinance, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert and Grant. NAYS: Jones, Ventura and Daugherty. The President declared the resolution adopted. Councilman Daugherty was excused at 11:41 P. M. Marie W. Clark, City Clerk, read a letter dated Septemer 5, 1956 from the Department of Engineering and recommendation of the City Planning Commission as to approval of plat of J. F. Ferry Subdivision #3. By Councilman Kleinert, seconded by Councilman Bagnall„ it was #569-56 RESC1XED that, Peter W. Decker, 520 .1. Fort Street, Detroit 26, Michigan, as proorietor„ having requested the City Council to approve the proposed plat of the following Subdivision: J. F. Ferry Subdivision #3, located on the North and South sides of West Chicago Road, East of Merriman Road, in the West 1/2 of Section 35; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of August 17, 1956; and it further appearing that said proposed plat, together with the plans and specifications for improvements thereinl have been approved by the Department of Public Works under date of September 5, 1956; theCity Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Uouncil a Certificate as provided in Section 14 of said Ordinance No. 135; Page 21471.. (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said proprietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: - - - Forty-Seven Thousand Dollars - - - (w47,000.00) - - - and until all inspection fees and other charges due to the City of Livonia have been fully paid; and (4) On full compliance with the above conditions and with the pro- visions of said Plat Ordinance, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. Councilman Daugherty returned at 11:43 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Jones, Ventura, Daugherty and Grant. NAYS: None. The City Clerk, Marie W. Clark, read a letter from the Department of Engineer- ing as to bond for improvements in Young and Yagoda Subdivision inSection 22. By Councilman Jones, seconded by Councilman Daugherty, it was R1 OLVED that, the Council table approval of Young and Yagoda Sub- division in Section 22 until the subdivider can work out an assessment agree- ment with the City to pay their proportionate share for the storm drain on Merriman Road. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones and Daugherty. NAYS: O'Neill, Bapna11 , Kleinert, Ventura and Grant. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman Kleinert, it was ± SOLVED that, Mr.Jack E. Young, Young and Yagoda Builders, 19i11)! Schaefer Road, Detroit 35, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Young and Yagoda Subdivision, located on the Southwest corner of Jamison and Berwick Avenues in the Northeast 1/4 of Section 22; and it appearing that tentative approval of said proposed plat was given by the City Planning Com- mission under date of June 8, 1956; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Department of Public Works under date of September 5, 1956; the City Council does hereby approve said proposed plat on the following condi tions: Page 2 .75 (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said pro- prietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: - - - Three Hundred Thirty-Eight Thousand Dollars - - - ($338,000.00) and until all inspection fees and other charges due to the City of Livonia have been fully paid; and (4) On full compliance with the above conditions and with the pro- visions of said Plat Ordinance, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. By Councilman Daugherty, seconded by Councilman Jones, it was RESOLVED that, approval of Young and Yagoda Subdivision be tabled to a joint meeting with all of the present residents who ate being charged X5.00 per front foot for the use of the Merriman Road. Storm Sewer to dis- cuss the problem of added tap-ins into the said storm sewer. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones and Daugherty. NAYS: O'Neill, Bagnall, Kleinert, Ventura and Grant. The President declared the resolution denied. By Councilman Bagnall, seconded by Councilman Kleinert, it was RESOLVED that, the foregoing resolution approving the plat of Young and Yagoda Subdivision be amended to add: Provided, however, that this resolution does not become effective until the City Council has received a report from the Department of Public works as to whether or not there shall be a charge for the use of the Merriman Road Storm Sewer as constructed under Ordinance #115, and that if such charge is recommended, that an agreement be entered into with the sub- divider to pay this charge. By Councilman Ventura, seconded by Councilman Jones, it was Page 21.76 #570-56 RESOLVED that, the plat of Young and Yagoda Subdivision be tabled until the matter of charges for use of the Merriman Road storm sewer is re- solved. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Jones, Ventura, Daugherty and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Jones and unanimously adopted, it was #571-56 RESOLVED that, the Sewer and Water Commissl on and the Department of Public Works be instructed to make a recommendation to the Council as to the proper charges, if any, for the use of the Merriman Road Storm Sewer by the Young and Yagoda Subdivision. By Councilman Kleinert, seconded by Councilman Jones, it was #572-56 RESOLVED that, this 182nd regular meeting of the Council of the City of Livonia be adjourned. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Ne;11 , Kleinert, Jones and Daugherty. NAYS: Bagnall, Ventura and Grant. The President declared the resolution adopted. The 182nd regular meeting of the Council of the City of Livonia was duly ad- journed at 12:47 A. H., September 11, 1956. zr ) r� �u Maple W. Clark, City Clerk. Page 2477 MINUTES OF THE THIRTY-FOURTH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF T,TVONIA On September 11, 1956, the above meeting was held at the Redford Township Hall, 15415 Beech Road, Detroit 39, Michigan, and was called to order at approximately 10:23 P. M., by the President of the Council, Austin T. Grant. Roll was called with the following result: Present-- Austin T.Grant, Frank O'Neill, Rudolf R. Kleinert, Sydney B. Bagnall, David L. Jones and John T. Daugherty. Absent-- Peter A. Ventura. This special meeting was called by Austin T. Grant, Mayor Pro Tem, on September 7, 1956, pursuant to section 8, Chapter IV of the Charter of the City of Livonia for the purpose of considering provision of transportation for the residents of Livonia. By Councilman Daugherty, seconded by Councilman Bagnall, it was #573-56 RESOLVED that WHEREAS, there exists a need for public transportation within and between the City of Livonia and the Township of Redford, and WHEREAS, the elected officials of the said communities have assumed a responsibility in attempting to resolve this problem by joint study meetings between the communities and a transportation company, and W-EI A, the Livonia-Redford Coach Company has submitted a proposed plan of transportation, rates and schedules at these meetings, NOW, ThEhEFORE, BE IT RESOLVED that, the City Council of Livonia record at this time their desire for such a plan, or similar plan, after necessary legalities are culminated between said municipalities and Transportation Company, and BE IT FURTHER RESOLVED that, all necessary steps be taken by all parties to expedite such details as rapidly as possible. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Kleinert, Bagnall, Jones, Daugherty and Grant. NAYS: None.. Page 2178 On motion of Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, this 314.th special meeting of the Council of the City of Livonia was duly ad- journed at 10:25 P. M., September 11, 1956. { /p •"-r 1 , ,�✓ ...1- // Marie G Clark, City Clerk