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HomeMy WebLinkAboutCOUNCIL MINUTES 1957-04-15 Page 2809 MINUTES OF THE TWO HUNDRED FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 15, 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, Peter A. Ventura and John T. Daugherty. Absent -- David L. Jones. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #275-57 RESOLVED that, the minutes of the 203rd regular meeting of the Council of the City of Livonia held April 8, 1957, are hereby approved as submitted. Marie W. Clark, City Clerk, read a letter dated April 9, 1957, from the Mayor regarding budget adjustments. By Councilman Bagnall, seconded by Councilman O'Neill, it was #276-57 RESOLVED that, pursuant to the recommendation of the Mayor, dated April 9, 1957, the account presently designated as Salary Account for the Director of Public Safety be changed to Salary Account for Police Commissioner; that there is hereby created in the budget an account entitled Salary Account for Fire Commissioner; that there is hereby transferred the sum of $1,200.00 from the formerly designated Salary Account for the Director of Public Safety to the Salary Account for Fire Commissioner, and that the sum of $300.00 be transferred from the Unappropriated Surplus to the Police Commissioner Car Allowance Account ff5, and that the sum of $300.00 be transferred to the Fire Commissioner Car Allaaance Account #5. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Daugherty, it was #277-57 RESOLVED that, pursuant to a letter from William N. Ponder, City Attorney, dated March 25, 1957, the sum of $68.75 is hereby transferred from the Unappropriated Surplus to the budget of the Department of Law. A roll call vote was taken on the foregoing resolution with the following result: Page 2810 AYES: Kleinert, Bagnall , O'Neill, Daugherty, Ventura and Grant. NAYS: None. The hour of 8:30 P. M., having arrived, the City Clerk, Marie W. Clark, opened and read the following bids: REGULAR GRADE GASOLINE 1. Sinclair Refining Co. 114.05¢ per gallon terms, 1% 30 days. 2. Standard Oil Co. 114.05¢ per gallon terms, 1% 30 days. 3. Gulf Refining Co. 114.05¢ per gallon terms, 1% 30 days. By Councilman Ventura, seconded by Councilman Daugherty, it was #278-57 RESOLVED that, all bids for gasoline be rejected and the Depart. ment of Public Works is hereby authorized to continue purchase from the present suppliers. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: None. ROAD SURFACING AGGREGATE 1. American Aggregates Corporation $1.70 per ton 5% discount on material only. 1.00 per ton delivery 2. Edward C. Levy $3.52 per ton delivered net 30 days. 3. Telischak Trucking Co. $1.22 per ton delivered By Councilman Ventura, seconded by Councilman O'Neill and unanimously adopted, it was #279-57 RESOLVED that, the foregoing bids for Road Surfacing Aggregate are hereby referred to the Department of Public Works for report and re- commendation. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was ##280-S7 RESOLVED that, the report of the Fire Commissioner dated April 11, 1957 regarding property of Mr. Hagop Kazarian on Newburgh and Seven Mile Road is received and the Fire Commissioner is requested to contact the City Planning Commission for change of designation at this fire station site. Page 2811 At the request of Councilman O'Neill, Uhairman, the Newspaper Committee was dissolved by the President of the Council. Marie W. Clark, City Clerk, read a letter from the Department of Public Works regarding the Coventry Gardens Storm Sewer. By Councilman Daugherty, seconded by Councilman Ventura, it was #281-57 RESOLVED that, having considered the report and recommendation of the Department of Public Works dated April 15, 1957; and having considered the letter of Miller, Canfield, Paddock and Stone dated April 8, 1957, ap- proving the financing; and having obtained the approval of the Board of Wayne County Road Commissioners by letter from A. T. Kunze, dated April 12, 1957, approving the adding of the Coventry Gardens storm drainage project as an addition to the Contract dated August 1, 1955; and the Department of Public Works having taken sealed bids, and odaterway Construction Company having been the lowest bidder on said project; the Council hereby accepts the bid of the Waterway Construction Company in the amount of $17,889.271 for the installation of the storm drainage project in Coventry Gardens according to the plans and specifications of the Department of Public oiorks as approved by the Board of Wayne County Road Commissioners; that the Mayor and City Clerk are hereby authorized to enter into a contract with the aforesaid firm for the installation of improvements in Coventry Gardens as aforesaid, after the same has been ap- L proved by the City Attorney as to form; and that there is hereby appropriated from the Unappropriated Surplus of the budget the sum of $17,889.27 to pay for said contract, and the sum of $4,000.00 for other incidental expenses; with the City to be reimbursed by the Board of 'wayne County Road Commissioners, pursuant to the contract with the Board in connection with the general sewer project. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: None. By Councilman Ventura, seconded by Councilman Bagnall, it was #282-57 RESOLVED that, the Council having received and considered from the Civil Service Commission the annual proposed changes in rates and classifi- cations dated February 20, 1957, for the classified division of the Civil Service, does hereby approve of and accept such rate schedule; provided, however, that the positions of Deputy City Clerk and Deputy City Treasurer be stricken from this rate schedule, and that the aforesaid rate schedule shall be retroactive to December 1, 1956. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnal 1, O'Neill , Ventura, Daugherty aid Grant. NAYS: Kleinert. The President declared the resolution adopted. Page 2812 A recess was called at 9:35 P. M., after which the meeting resumed with all Lmembers present who were named as present in the original roll call of this meeting. By Councilman Bagnall, seconded by Councilman Daugherty, it was #283-57 RESOLVED that, the following sums be transferred from the accounts as noted to the Unappropriated Surplus: $3,000 from PD #22 2,991 from PD #1 1120 from PD #70 300 from PD #12 1150 from Fire Department Budget; a total of $7,161.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman O'Neill, it was #2811-57 RESOLVED that, resolution #c.78-57, rejecting all bids for gasoline, be and hereby is rescinded. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Jagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman O'Neill and unanimously adopted, it was #285-57 RESOLVED that, the bids for gasoline be referred to the Department of Public Works for report and recommez dation. By Councilman Kleinert, seconded by Councilman Daugherty, it was #286-57 RESOLVED that, a public hearing having been held on the necessity of installing a street lighting system in portions of Sections 3I, 35 and 36, and the City Engineer having heretofore submitted a report dated January 14, 1957, showing the cost of such system based on the installation of wooden poles, the Council before determining such necessity does herein direct the City Engineer to submit a report containing the estimated annual cost of such improvement and the cost per front foot of such improvement based on the in- stallation of metal poles. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, O'Neill, Daugherty, Ventura and Grant. NAYS: None. Page 2813 Councilman Bagnall was excused from voting under the provisions of Chapter IV, Section 9, Lof the Charter. The President declared the resolution adopted. At 10:24 P. M., the President relinquished the Chair to the Vice President.. The Ordinance entitled "An Ordinance Vacating Portions of Street, Alley and Public Ground", (Petition No. V-16), introduced by Councilman Kleinert April 8, 1957, whys taken from the table and a roll call vote conducted thereon with the folluwIn result: AYES: Kleinert, Bagnall, Grant, Ventura, Daugherty and O'Neill. NAYS: None. The Vice President declared the ordinance duly adopted and would become effective on date of publication, May 2, 1957. The Ordinance entitled "An Ordinance Vacating Portions of Street, Alley and LPublic Ground", (Petition No. V-17), introduced by Councilman Daugherty April 8, 1957, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, Bagnall, Grant, Daugherty, Ventura and O'Neill. NAYS: None. The Vice President declared the ordinance duly adopted and would become effective on date of publication, May 2,1957. The Ordinance entitled "An Ordinance Vacating Portions of Street, Alley and Public Ground", (Petition No. V-18), introduced by Councilman Ventura April 8, 1957, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Kleinert, Bagnall, Grant, Daugherty, Ventura and O'Neill. NAYS: None. The Vice President declared the ordinance duly adopted and would become effective on Lodate of publication, May 2, 1957. The Ordinance entitled "An Ordinance to License and Regulate the Taxicab and Page 2814 Motor Vehicle for Hire Business; to Fix Fees and Rates; to Provide for Liability In- surance; to License Drivers; to Provide for Taxi Meter Inspections, Conduct of Drivers, Disposal of Lost Property, Advertising and Related Matters; and to Provide a Penalty for the Violation of the Terms Hereof," introduced by Councilman Grant April 8, 1957, was taken from the table, read by title, and a roll call, vote conducted thereon with the following result: AYES: Kleinert, Bagnall„ Grant, Daugherty, Ventura and O'Neill. NAYS: None, The Vice President declared the ordinance duly adopted and would become effective on date of publication, Nay 22 1957. The President resumed the Chair at 10:27 P. M. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #287-57 RESOLVED thgt, pursuant to the report and recommendation of the Building Code Board of Appeals dated March 25, 1957, the request of Mr. Arthur Stringari, Executive Secretary, Air Conditioning Institute, dated December 19, 1956, for a revision of our Building Code so as to eliminate the requiring of fire extinguishers with the installation of oil burning equipment is denied. By Councilman Kleinert, seconded by Councilman Bagnall, it was #288-57 RESOLVED that, having considered the request of Mr. Louis Roth, 27334 Plymouth Road, Detroit 39, Michigan, dated March 13, 1957, for the refund of a certain license fee, and in accofd with the opinion of the City Attorney dated April 3, 1957, the Council does herein grant such request and authorizes a license refund in the amount of $150.00 to the aforesaid Mr. Roth on License No. 1779, and the City Clerk and City Treasurer are 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: Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was #289-57 RESOLVED that, having considered the request of Mr. Harry W. Ruby, 27025 Plymouth Road, Detroit 39, Michigan, dated March 7, 1957, for the re- fund of a certain application fee, and having considered also the opinion of the City Attorney, dated April 3, 157, and whereas, a license was never Page 2815 issued, the Council does herein grant such r equest and authorizes a complete refund of the application fee referred to in the above correspondence, and the City Clerk and City Treasurer are hereby authorized to do all things neces- sary to the full performance of this resolution. A roll cA11 vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Bagnall, O'Neill, Ventura and Grant. NAYS: Daugherty. The President declared the resolution adopted. Marie W. Clark, City Clerk, read a recommendation from the Department of Engineering regarding Sinacola Subdivision. By Councilman Ventura, seconded by Councilman Bagnall, it was #290-57 RESOLVED that, the matter of Sinacola Subdivision be tabled until certain questions regarding the open drain which abuts on the easterly boundary of this subdivision can be solved. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, O'Neill, Ventura and Daugherty. NAYS: Kleinert and Grant. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Kleinert and unanimously adopted, it was #291-57 RESOLVED that, having considered the letter of Mr. Meredith Polstan, 28425 West Chicago, dated April 1, 1957, the Council does her.:in authorize and request the Director of Public vJorks to engage the services of an appraiser to estimate the value of the West 43 feet of that portion of Harrison Avenue starting on the North line of Livonia Estates Subdivision No. 4, and extending northerly to West Chicago Avenue, a distance of approximately 313.96 feet, and also to estimate the value of this entire parcel of property; and that the Director of Public Works is herein authorized to enter into preliminary negotia- tions with the above writer toward the purchasing of the above described part or parcel of land. By Councilman Bagnall, seconded by Councilman O'Neill, it was RESOLVED that, having considered the request of William P. Lindhout, 37655 Margareta Drive, Livonia, Michigan, dated Aril 3, 1957, wherein he re- quests a refund and waiver of a certain building permit fee, and the Council appreciating the sentiment which prompted such a request has determined that reasons of policy in law compel the Council to deny such request. A roll call vote was taken on the foregoing resolution with the following result: Page 2816 AYES: Kleinert, O'Neill and Bagnall. NAYS: Daugherty, Ventura and Grant. The President declared the resolution denied. By Councilman Daugherty, seconded by Councilman Ventura, it was RESOLVED that, having considered the request of William P. Lindhout, 37655 Margareta Drive, Livonia, Michigan, dated April 3, 1957, wherein he re- quests a refund and waiver of a certain building permit fee, and the Council appreciating the sentiment which prompted such a request, hereby concurs with the request and authorizes the City Clerk and City Treasurer 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: Daugherty, Ventura and Grant. NAYS: Kleinert, Bagnall and O'Neill. The President declared the resolution denied. By Councilman Daugherty, seconded by Councilman O'Neill, it was RESOLVED that, the request of William P. Lindhout regarding waiving of building permit fee he tabled to the next regular meeting of the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, O'Neill and Grant. NAYS: Kleinert, Bagnall and Ventura. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman O'Neill and unanimously adopted, it was #292-57 RESOLVED that, the letter from Michael J.Caffery is hereby tabled pending an opinion from the City Attorney as to whether the Council or the Zoning Board of Appeals has jurisdiction. By Councilman Ventura, seconded by Councilman Bagnall, it was #293-57 RESOLVED that, James L. Johnson, 25020 Andover, Dearborn, Michigan, a s proprietor, having requested the City Council to approve the proposed plat of the following oubdivision: Spring Valley Subdivision, located on the North side of Seven Mile Road, between Merriman and Hubbard Roads, in the East 1/2 of Section 3, City of Livonia; and it appearing that tentative approvgl of said proposed plat was given by the City Planning Commission under date of January 15, 1957; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, Page 2817 have been approved by the Department of Public Works under date of April 10, 1957; the City Council does hereby approve said proposed plat on the follow- ing conditions: (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 Works, within a period of two (2) years from the date of this resolution; (2) Th*t 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 installed until there is filed with the Council a Certificate as provided in Section 14 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 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 Attornw„ and in the following amount: - - Five Hundred Sixty-Seven Thousand Dollars - - ($567,000.00) - - 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, as amended, the City Clerk is here- by authorized to affix her signature to said plat as evidence of this approval; (5) Provided, however, that the sums required of the proprietor for the planting and purchasing of trees under the terms of the Plat Ordinance No. 135, as amended, shall be deposited with and paid to the City Treasurer by the proprietor on or before the date of final approval of plat and prior to any construction. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Bagnall„ O'Neill, Daugherty, Ventura and Grant. NAYS& None. By Councilman Kleinert, seconded by Councilman O'Neill, it was #294-57 RESOLVED that, James L. Johnson, 25020 Andover, Dearborn, Michigan, as proprietor, having requested the City Council to approve the proposed plat of the following Subdivision: Spring Valley Subdivision #2, located on the North side of Seven Mile Road between Merriman and Hubbard Roads in the East 1/2 of Section 3, City of Livonia; and it appearing that tentative approval of said proposed pla t was given by the City Planning Commission under date of January 15, 1957; and it further appearing that said proposed plat, to- gether with the plans and specifications for improvements therein, have been approved by the Department of Public Works under date of April 10, 1957; the City Council does hereby approve said proposed plat on the following conditions: Page alb (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 4orks, 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 111. 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 insta lied 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: - - Four Hundred Fifty-Three Thousand Dollars - - ($4532000.00 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, as amended, the City Clerk is here- by authorized to affix her signature to said plat as evidence of this approval; (5) Provided, however, uhat the sums required of the proprietor for the planting and purchasing of trees under the terms of the Plat Ordinance No. 1.1)2 as amended, shall be deposited with and paid to the City Treasurer by the proprietor on or before the date of final approval of plat and prior to any construction. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Bagnall„ O'Neill, Ventura, Daugherty and Grant. NAYS: None. Marie W. Clark, City Clerk, read a letter from the City Planning Commission as to Petition No, Z-211. By Councilman Bagnall, seconded by Councilman Ventura and unanimously adopted, it was #295-57 RE3OLVED that, having considered the recommendation of the City Planning Commission as to Petition No. Z-211, initiated on its own motion, the Council before approving same, requests the City Planning Commissicn to study further the language contained therein and to consider striking the provision that used car lots shall not be located within 100 feet of any residential district. Page 2819 The letter from Donald M. Pierce, Michigan Department of Health, dated March 28, 1957, was received and placed on file. By Councilman Ventura, seconded by Councilman Bagnall, it was #296-57 REVOLVED that, the recommendation of the Department of Law dated April 5, 1957, as to bill of cost for court case of Donna Development Co., vs City of Livonia, is hereby denied. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall and O'Neill. NAYS: Kleinert and Grant, The President declared the resolution adopted. Marie W. Clark, City Clerk, read the report of the Municipal Court for the month of March, 1957, which was received and placed on file. By Councilman Kleinert, seconded by Councilman Ventura, it was #297-57 RESOLVED that, the proposed agreement by and between the Board of Wayne County Road Commissioners and the City of Livonia, wherein the Board, in consideration of the City paying 50 per cent of the total actual cost of such work, agrees to improve the following roads: Middle Belt Road, between Plymouth and Joy Road; Joy Road, between Middle Belt Road and Edward N. Hines Drive; Farmington Road, between Joy Road and Plymouth Road; and Merriman Road for a distance of 100 feet north and south of Plymouth Road; and, having considered that such proposed agreement states further the total estimated cost of such improvement to be in the amount of $606,000.00; and, having examined the method of payment provided for in such proposed agreement; and provided the aforementioned agreement and this resolution meet with the approval of Miller, Canfield, Paddock and Stone; the Council does herein determine that such proposed agreement is satisfactory in all its terms and provisions, and is hereby approved, and the Mayor and City Clerk are herein authorized to sign such contract on behalf of the City of Livonia and 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: Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: None. By Councilman Ventura, seconded by Councilman Bagnall, it was #298-57 RESOLVED that, the proposed lease by and between Mrs. Mae P. Nye, Page 2820 17110 Farmington Road, Livonia, Michigan, and the City of Livonia, wherein in consideration of $100.00 per month, the City of Livonia is permitted to use as a City Dump certain premises described as: The West 1/2 of the Southeast 1/4 of Section 9, except the South 60 feet thereof, is hereby approved; and the Mayor and City Clerk are herein authorized to sign such lease in behalf of the City of Livonia and to do all things neces- sary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant. NAYS: None. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #299-57 RESOLVED that, the proposed Municipal Court Ordinance be tabled to the next regular meeting of the Council. On motion of Councilman Bagnall, seconded by Councilman Ventura and unanimously adopted, this 204th regluar meeting of the Council of the City of Livonia was duly ad- journed at 11:37 P. M., April 15, 1957. 'Ma - . Clark:City Clerk.