HomeMy WebLinkAboutCOUNCIL MINUTES 1956-10-22 Page 2552
MINUTES OF THE ONE HUNDRED EIGHTY-SIXTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On October 22, 1956, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:18 P. M., by the
President of the Council, Austin T. Grant. Councilman Ventura delivered the invocation.
Roll was called wii,h the following result: Present-- Austin T. Grant, Frank O'Neill,
Sydney B. Bagnall, Rudolf R. Kleinert, David L, Jones and Peter A.Ventura. Absent--
John T. Daugherty.
By Councilman Kleinert, seconded by Councilman Bagnall, it was
#692-56 RaJOEVED that, the minutes of the Public Hearing for the Paving
of Stark Road and the 185th regular meeting of the Council of the City of
Livonia held October 15, 1956, are hereby approved as corrected.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Bagnall, O'Neill, Ventura and Grant.
lim NAYS: Jones,
The President declared the resolution adopted.
Curtis Merrill and Gene Pulice, students from Riley Junior High School were
interested spectators at the meeting and were welcomed by Austin T. Grant, President
of the Council.
The City CLerk, Marie W. Clark, read a letter dated October 22, 1956 from the
City Attorney as to appeal case of Bzovi vs. City of Livonia.
By Councilman Bagnall, seconded by Councilman Jones, it was
#693-56 RESuLVED that, the request of the City Attorney dated October 22,
1956 as to the appeal case of Bzovi vs. City of Livonia be tabled to the
next study meeting for report at the next regular meeting of the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dagnall, O'Neill, Jones and Grant.
NAYS: Ventura.
The President declared the resolution adopted.
Page 2553
By Councii an Ventura, seconded by Councilman Bagnil and unanimously
adopted, it was
#694-56 RESOLVED that, resolution #546-56 adopted by the City Council on
August 27, 1956, be and hereby is rescinded.
By Councilman Ventura, seconded by Councilman O'Neill and unanimously
adopted, it was
#694-56 Ri OLVED that, the question of whether or not there should be an
amendment to the Zoning Ordinance of the City of Livonia, wherein the S. E.
1/4 of Section 10, the S. W. 1/). of Section 11, the N. W. 1/4. of Section 14,
and the N. E. 1/I, of Section 15 would be changed from a C-1 zoning classifi-
cation to an RUFB zoning classification, is hereby referred to the City Plan-
ning Commission for a public hearing thereon and also for the Planning Com-
mission's report and recommendations thereon pursuant to Section 20.01 (a) of
Ordinance No. 60 of the City of Livonia.
Councilman Bagnall gave a brief oral report from the Civic Center CommLttee.
By Councilman Ba-na11, seconded by Councilman Jones, it was
#696-56 RESOLVED that, the report of the ioinance Committee for the month
of August, 1956, is hereby approved and a summary spread upon the minutes
of this meeting as follows:
General, Administrative and Legislative:
Executive 46.87
Legislative 618.86
City Treasurer 65.25
City Clerk 1,1119.11
Department of Law 108.93
Municipal Court 290.99
Election Commission 116.25
Civil Service Commission 158.17
City Hall 907.41
Court Building 63.67
City Planning Commission 563.07
Civil Defense 33.113
Traffic Court 23.60 $ 1: 180.91
tepartment of Public Safety:
Fire Commissioner 25.00
Fire Department 4,122.33
Police Department 2,616.82 6,75 ..15
Department of Public `corks:
Director of Public v4orks 25.00
Public -forks Division 114,583.85
Engineering Division 233.64
rrr., Inspection iiivis i on 944.68 15,787.17
Page 2551
Department of Parks and Recreation:
Parks Division $ 793.98
Recr,ation Division 800.85 1,5911.83
Retirement 12,108.50
Insurance 5,880.84
Middle Rouge G. 0. Bond Interest 6,907.22
52,213.62
General Ledger Accounts:
Inventory Accounts 952.61
Advances:
Fater Department 78.00
Proposed Assesornent-Rosedale Resurfacing 16.00
Wayne County Itoad Commission 291.36
Special Assessment District #7 48.00
Gas Ta« Refund 3211.00
Income c/o 2.75 1,712.72
TOTAL 511,926.3!1
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Kleinert, Bagnall, O'Neil", Ventura and Grant.
NAYS: None.
The City Clerk, Marie W. Clark, read a letter from the Department of Law as
to the accident involving the American Red Cross Station 'fagon and letter dated October
22, 1956 from the American Red Cross.
By Councilman Kleinert, seconded by Councilman Bagnall, it was
#697-56 1 :,SOLVED that, pursuant to the request of Mr. Pearson, represent-
ing the Red Cross, the title to a certain vehicle, namely a station wagon,
heretofore provided by the City of Livonia to the American Red Cross for
their use, is hereby transferred to the American Red Cross for the consider-
ation of One Dollar (41.00), and the City Clerk is 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: Jones, Facinert, Bagnall, ; 'Neill, Ventura and Grant.
NAYS: None.
Marie W. Clark, City Clerk read a letter dated October 22, 1956 from the
Department of Public .Works as to bond for improvements in Country Homes Subdivision #4.
By Councilman Kleinert, seconded by Councilman Jones, it was
Page 2555
#698-56 RESOLVED that, Harry Slatkin Builders, Inc., 1153 . Dexter Blvd.,
Lit Detroit 6, T R.ichigan, as proprietors, having requested the City Council to
approve the proposed plat of the following Subdivision: Country Homes Sub-
division #4, located on the Southeast corner of Plymouth Road and Arthur
Avenues in. the Northeast 1/4 of Section 32, City of Livonia, and it appearing
that tentative approval of said proposed plat was given by the City Planning
Commission under date of June 22, 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
July 26, 1956 and October 22, 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 ilorks, 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 irr rovements have been satisfactorily in-
stalled 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 ap-
proved by the City Attorney, and in the f ollowibg amount: :a31000.00
Seventy-Three Thousand Dollars
and until all inspection fees and other charges due to the City of
Livonia have been fully paid;
(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;
provided, however, that the above approval is subject to Harxy Slatkin
Builders, Inc., and the City of Livonia, entering into a satisfactory
agreement concerning creation of an easement across Lots 64.5 and 665
for roadway purposes.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Kleinert, Bagnall, O'Neill, Ventura and Grant.
NAYS: None.
By Councilman O'Neill, seconded by Councilman Ventura and unanimously
adopted, it was
#699-56 RESOLVED that, the matter of adjustment of building permit and
inspection fees be tabled to the next study meeting, with a report to be
presented at the ne;,'t regular meeting of the Council.
Page 2556
The Ordinance entitled "An Ordinance to Regulate Conduct Constituting a
Misdemeanor by Persons in the City; Preventing Vice and Immorality: Promoting Public
Peace, Safety and Health; Protecting Pub ic and Private Property; Protecting Public
Morals; Prohibiting Offense Involving Children; Prescribing Penalties for Violation of
its Provisions; Providing for the Disposition of Fees and Penalties Collected by the
Court, and Establishing the Jurisdiction of the Municipal Court of the City of Livonia",
introduced October 15, 1956 by Councilman Kleinert, was taken from the table and a roll
call vote conducted thereon with the following result:
AYES: Jones, Kleinert, Bagnall, O'Neill, Ventura and Grant.
NAYS: None.
The President declared the Ordinance duly adopted and would become effective on date
of publication, November 1, 195b.
The Ordinance entitled, "An Ordinance Vacating Portions of Street, Alley and
Public Ground", in.,i.oduteJd October 15, 195b oy Councilman Jones, was taken from the
table and a roll call vote conducted thereon with the following result:
AYES: Jones, Bagnall, O'Neill, Ventura and Grant.
Nays: Kleinert.
The President declared the ordinance duly adopted and would become effective on date
of publication, November 1, J.956.
A recess was called at 8:50 P. M., after which the meeting resumed with all
members present who were named as present in the original roll call of this meeting.
By Councilman Bagnall, seconded by Councilman O'Neill, it was
#700-56 RESOLVED that, the sum of $400.00 be appropriated from the Unallocated
Fund to the Zoning Board of 'i-peals Clerical Account; that the sum of 2,000.00
be appropriated from the Unallocated Fund to Budget Account EC 1X; the sum of
200.00 be appropriated from the Unallocated Fund to Budget Account EC #3; and
that the sum of 200.00 is transferred from _Tinting Account EC #9 to Publish-
ing Account EC #8.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Kleinert, Bagnall, O'Neill, Ventura and Grant.
NMS: None.
Page 2557
By Councilman Jones, seconded by Councilman Ventura, it was
#701-56 RESOLVED that, on recommendation of the Department of Public Works
dated October 22, 1956, the bid of ilichigan Chem_cal Company dated October 8,
1956, for Liquid Calcium Chloride at , 30.00 per 1,000 gallons, be and hereby
is approved.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Kleinert, Bagnall, O'Neill, Ventura and Grant.
NAYS: None,
The City Clerk, Jarie W. Clark, read a letter from Green Bros. Builders, dated
October 12, _1956, for release of bond for Schulgn:n Subdivision and letter from the City
Attorney dated October lt);, 1)56.
By Councilman Ventura, seconded by Councilman O'Neill, it was
#702-56 RESOLVED that, pursuant to the request of Green Brothers, Builders,
by Mr. Alex Roth, dated October 12, 1956, the Council does hereby release the
improvement bond in the amount of Two Hundred Thirty-Seven Thousand Dollars
( 237,000.00) for Schulgren Subdivision #1, which was deposited to guarantee
improvements in Schulgren Subdivision #1, on the condition that the proprietors
return to the City Clerk all copies of the approved plat for Schulgren Sub-
division #1 and submit in writing thal, said plat has not been recorded; and
the City Clerk is hereby authorized to do all things reasonably necessary to
the full performance of this resolution.
A roll call vote was ta.:en on the foregoing resolution with the following result :
AYES: Jones, Kleinert, Ba7nall„ O'Neill, Ventura and Grant.
NAYS: None.
Marie W. Clark, City Clerk,read a letter dated October 15, 1956 from the
Livonia Board of Education as to sewer to elementar school in Section 31, and relating
correspondence.
By Councilman Bagnall, seconded by Councilman Kleinert, it was
#703-56 RESOLVED that, the request of the Livonia Board of Education that the
cons ruction of the sewer main from Newburgh Road to the corner of Nix and
Ann Arbor Roads be added to the Livonia sewer nroject and be constructed by
March11957, is hereby referred to the Aenartment of Public Works for their
study and recommendation and an estimate of cost for report at the first
regular meeting in November.
A roll call vote was tal:en pn the foregoing resolution with the following result:
AYES: Jones, Kleinert, Bagnall, O'Neill, Ventura and Grant.
NAYS: None.
Page 2557
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#704-56 RESOLVED that the proposed ordinance entitled "An Ordinance Amend-
ing Sections 11.02, 14.02 and 15.02 of Ordinance No. 60, as amended by Or-
dinance No. 83, of the City of Livonia, entitled 'Zoning Ordinance of the City
of Livonday be referred to the City Planning Commission for public hearing
thereon and report and recommendation to the Council.
Councilman Ventura introduced the following Ordinance:
NO.
AN ORDINANCE AMENDING SECTION 14 OF T} ZONING MAP
OF BIE CITY OF LIVONIA, AND /LENDING A=CLE 3.00
OF THE ZONING ORDINAiXE, ORDYNANCE NO. 60, OF THE
CITY OF LIVONIA BY ADDING THERETO SECTION 3.109.
THE CITY OF LIVONIA ORDAJNS:
Section 1. The report and recomuendation of the City Planning Commission
dated September 1956, on Petition No. Z-1841 having been considered by the Council,
the Council hereby adopts said petition to amend the Zoning Ordnance and the Zoning Map
of the City of Livonia in part and insofar as it relates to the change in zoning from
R-U-F-B to C-2; and all proceedings heretofore conducted on said petition are hereby
approved.
Section 2, Article 3.0J of the Zoning Ordinance, Ordinance No. 60 of the
City of Livonia, is hereby amended by adding thereto the following section:
Section 3.109. Petition No. Z-184 of Donna Development Company
is hereby granted in part; the zoning classification of the premises described
in said petition as follows:
The 'lest 1045 feet of the South 56u feet of the South 1/2
of the Southwest 1/4 of Section 1)1„ T. 1 S., H. 9 E., City
of Livonia, Wayne County, Michigan;
is hereby changed from R-U-F-B to C-2 as requested in said petition; and the
Southwest 1/4 of Section 14 is hereto: amended, in part, to conform to the
change made in this section.
eection 3. The attached map designated "Amendment No. 29 of the ' oning Map
of the City of Livonia" showLng all of the amendments and changes made in the foregoing
Section 2 of this Ordinance, is hereby approved, estaulished and made a part hereof.
Section t . All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent nedessary to hive this ordinance full force and
effect.
L. 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
ranaining portions of this ordinance.
Page 2558
The foregoing U'rdinance was placed on the table for consideration at the
next regular meeting of the Council, October 29, 1956.
Councilman aeinert introduced the following Ordnance:
NO.
AN ORDINANCE FOR THE PURPOSE OF CONTROLLING OR
ERADICATING POISONOUS, INJURIOUS AND OT IE R WEEDS
ON CERTAIN LANDWITHIN THE CITY O LIVONIA; PRO-
VIDING FOR THE ADIZCNISTR.A_ION AND ENFORCEMENT
TWER: OF AND ESTABLISHING THE RIGHT OF THE CITY
OF LIVONIA TO REIIIBURSE:IENT.
THE CITY OF LIVONIA RDAINS:
Section 1. SHORT TITLE. This ordinance shall be known and cited as the
Tdeed Ordinance".
Sect _on 2. DEFINITIONS. -whenever the following words are used in this or-
dinance, they shall have the meaning as hereinafter set forth, unless the context clearly
indicates otherwise.
ASSES„OR. - shall mean the assessing officer of the City.
CITY - shall mean the City of Livonia.
DELINQUENT OWNER - shall :Wean the party who owns a lot or parcel
of land either as a deed holder or contract purchaser and who refuses or
neglects to remove or destroy or have removed and destroyed weeds on his
property in accordanCe with the provisions of this Ordinance.
DEPARTH.NT OF HEALTH - shall mean the Department of Health of the
City of Livonia as established by Ordinance No. 8 of the City of Livonia.
DEPARTMENT OF PUBLIC WORKS - shall mean the Department of Public
Works of the City of Livonia.
DIRECTOR - shall ;ean the Director of the Department at. Public
Works .n the City of Livonia.
T.REASURER - shall mean tie Treasurer of the City of Livonia.
WEEDS., POISONOUS AND INJURIOUS - for t he purpose of this ordinance
"poisonous andor injurious weeds" shall include those species and varieties
designated as noxious by the state Noxi. ,us 'Aced Act, Act 359 of the Public
Acts of 1941 of the State of Michigan as amended by Act 114 of said Public
Acts of 1917; and any other varieties or species designated by the Department
of Health as poisonous or injurious.
Section 3. PROHIBITED WEEDS. It shall be unlawful for any owner, occupant,
agent, person, firms or corpora_ion, having control or management of land in any recorded
•
Page 2559
plat, either public or private, either occupied or vacant, within the City, to allow the
L presence thereon, or on any portion thereof, of poisonous or injurious weeds, nor to
allow or maintain on such land or any portion thereof, weeds of any species or variety
exceed one (1) foot in height; provided, however, that this section shall only apply to
recorded plats where buildings have been erected an sixty (60) per cent of the lots in-
cluded in the recorded plat.
Section 1 . DeTEILaNATIli 131 DEPARTENT OF =TR. The Department of Health
of the City is hereby empowered to designate and declare certain varieties and species
of plants as injurious on the basis that such species or varieties are actually or
potentially injurious to the public health and n11 such are hereby declared to be a
common nuisance.
section 5. REQUIREMENT OF kOTICE, ABATF/iENT. Whe_e it has been established
that poisonous or injurious weeds, or weeds exceeding one (1) foot in height are present
on any lot or parcel of land as hereinbefore described, the Department of Health shall
notify the owner, occupant, and/or agent of the owner in writing to destroy such weeds
within fifteen (15) days. If none of these parties can be found, the notice may be
posted upon the said premises on a card not smaller than eight (8) by ten (10) inches.
Upon the failure, neglect or refusal of any such owner, sccupant and/or agent of u he
owner, to abate the si,ated violation within the stated time, the Department of Health
shall request the Department of Public Works to assign employees to enter upon such
land and to destroy such weeds by spraying, cutting and/or other methods acceptable
to the Department of Health.
Section 6. RIGHT OF ENTRY FOR INNESTIGAi'ION. The Department of Health and
L the Department of Public 'iorks and their authorized representatives, shall be granted
free access to and from any land for the purpose of investigation whether violation here-
of exists and for the work necessary to accomplish the abatement of any violation hereof
found to exist. No person shall obstruct or prevent such work. Such authorized represen-
tatives after performing thee duties in a prudent manner shall not be liable for suit in
any action of trepass therefor, and shall be defended in any action arising therefrom by
the City Attorney of the City of Livonia until the final disposition of the proceedings.
Section 7. LILBILITY OF CITY. In the event of destruction or damage to vege-
tation of a species not herein declared injurious, during the course of normal operations,
directed at the destruction of poisonous or injurious weeds or weeds more than one (1)
foot in height, growing on the same lot or parcel of land, the City reserves the right
to reject any and all claims resulting from such damage.
Section 8. RIGHT OF CITY TO REIMBURSEMENT. Jnenever the Department of Public
Works shall spray, cut, or by any other method remove or destroy weeds pursuant to the
provisions of this ordinance, the Director is hereby authorized and directed to issue a
certificate determining and certifying the reasonable cost involved in the removal and
destruction of such weeds, as well as any other charges autcorized by this ordinance. A
statement of such costs shall then be sent to the owner, occupant and/or agent of the
owner made payable to the Treasurer. If not paid to the treasurer within sixty (60)
days from the date said statement was forwarded to the party, then such statement shall
be filed with the City AssesJor and the amount certified by the Director as being the
reasonable cost for removing and/or destroying such weeds, together with incidental costs,
L shall be assessed against the land in question or become a lien on such property in
,
accordance with the provisions of Chapter VIII,Section 15 of the Charter of the City of
Livonia. The amount so charged against the delinquent property owner may be discharged
at any time by the payment of the amount specified in the statement chargeable to such
Page 2560
delinquent property owner together with interest at the rate of six (6%) per cent per
annum, compiled from the time of filing said certificate with the :City Assessor.
Section 9. REPEAL. All ordinances or parts of ordinances in conflict herewith
are hereby repealed only to the extent necessary to give this ordinance full fce and
effect.
Section 10. SEVERABTI,TTY. 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 portion of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council, October 29, 1956.
On motion of Councilman Bagnall, seconded by Councilman Jines and unanimously
adopted, this 186th regular meting of the Council of the City of Livonia was duly ad-
journed at 9442 P. M., October 22, 1956.
Ma• Clark, City Clerk
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