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HomeMy WebLinkAboutCOUNCIL MINUTES 1956-01-30 ADJOURNED Page 2189 MINUTES OF THE ADJOURNED ONE HUNDRED FIFTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 30, 1956, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:07 P. M., by the President of the Council, John T. Daugherty. Roll was called with the following result: Present-- John T. Daugherty, David L. Jones, Harry R. Killam, Rudolf R. Kleinert, John W. Whitehead, Nettie Carey and Wilson W.Edgar. Absent-- None. The President announced that the hour of 8:00 P. M., having arrived, a public hearing would be held to determine whether or not the City of Livonia shall officially incorporate the following streets into the public highway system of the City: Roycroft Street, for its entire length of 1/4 mile extending East from Middle Belt Road; Denne and Hubbell, between Plymouth Road and Delhay Street; Angling Road between Base Line or Eight Nile Road and Seven Mile Road; pursuant to a resolution adopted by the City Council at a meeting held January 9, 1956. Various residents on the above named streets asked questions and expressed opinions, which were considered by the Council. Councilman Whitehead was excused at 8:53 P. M. At 8:55 P.M., the President declared the public hearing closed. By Councilman Jones, seconded by Councilman Kleinert, it was #62-56 RESOLVED that WHEREAS, it appears that Denne and Hubbell are two parallel streets, starting on the South side of Plymouth Road, just East of Merriman Road, and running South about 1,325 feet to end at Delhay, in Section 35, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and WHEREAS, it az.pears that these streets were laid out by the sub- divider as streets in Knight-Menard Acres, but that said subdivision was never recorded with the Register of Deeds; and it further appears that said streets have been used by the public for the lengths described above as public roads to a width of sixty feet for upwards of ten years, and Page 2190 that the same have received some maintenance at public expense by the Township of Livonia and the City of Livonia, and WHEREAS, it is provided by M. S. A. 9.21 that "all roads that shall have been used as such for ten years or more, whether any record or other proof exists that they were ever established as highways or not . . . shall be deemed public highways" and it has been ruled by the Michigan Supreme Court that "a highway by user becomes such to the width and ex- tent used"; NOW, THEREFORE, BE IT RESOLVED, that Deane and Hubbell, between Plymouth Road and Delhay Street, are hereby officially incorporated into the public street system of the City of Livonia; and the Department of Public Works is authorized to report the same to the State Highway Depart- ment as City streets in the appropriate category and to perform the usual work with respect to care and maintenance; and the City Cleric is instructed to send copies of this resolution to the Wayne County Bureau of Taxation, the Wayne County Road Commission, the City Treasurer, and the State Highway Department, and to cause a copy of this resolution to be recorded with the Register of Deeds for Wayne County. A roll call vote was taken on the foregoing resolution with the following result : AYES : Jones, Killam, Kleinert, Carey, Edgar and Daugherty. NAYS: None. Councilman Whitehead returned at 8:58 P. M. By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #63-56 RESOLVED that WHEREAS, it appears Roycroft Street which extends East from Middle Belt Road about 1/4 mile in the Southwest quarter of Section 13, T. 1 S., R. 9 E., Livonia, Wayne County, Michigan, is mentioned in a number of deeds to adjacent lands as a private easement for travel purposes to a width of sixty feet, and it further appearing that said road has been used by the public for upwards of ten years, and that said road has received some maintenance at public expense by the Towhship of Livonia and the City of Livonia, and WHEREAS it is provided by M. S.A. 9.21 that "all roads that shall have been u$ed as such for ten years or more, whether any record or other proof exists that they were ever established as highways or not. . . shall be deemed public highways" and it has been ruled by the Michigan Supreme Court that "a highway by user becomes such to the width and ex- tent used"; NOW, THEREFORE, BE IT RESOLVED, that Roycroft Street, for its entire length of 1/4 mile extending East from Middle Belt Road, is hereby officially incorporated into the public street system of the City of Livonia; and the Department of Public Works is authorized to report the Page 2191 same to the State Highway Department as City streets in the appropriate category and to perform the usual work with respect to care and maintenance;, and the City Clerk is instructed to send copies of this resolution to the Wayne County Bureau of Taxation, the Wayne County Road Commission, the City Treasurer, and the State Highway Department, and to cause a copy of this resolution to be recorded with the Wayne County Register of Deeds. By Councilman Killam, seconded by Councilman 14hitehead and unanimously adopted, it was #64-56 RESOLVED that WHEREAS, it appears that Angling Road is a street starting on the South side of Base Line or Eight Mile Road, and running in an Easterly curve until it intersects with Deering Street, and continuing therefrom in a Southerly direction to Seven Mile Road, a distance of approximately 5,1445 feet, in Section 1, T. 1 S., R. 9 E., City of Livonia, Wayne County, NH.chigan, and WHEREAS it appears that the East side of said road, beginning at a point about 1450 feet South of Base Line or Eight Mile Road, and ex- tending South to Pembroke, has been dedicated to the public for highway purposes, in connection with the Argonne Subdivision, and another stretch of the East side from its intersection with Deering, on South to Seven Mile Road, has been dedicated in connection with the Botsford Park Sub-. division, but that the remaining sections of the East side, and the entire West side have not been dedicated; and WHEREAS, the road is indicated on the plat books as having a width of 66 feet, and it has been in open, notorious and hostile use by the public, as a public highway, for upwards of ten years, and it has been maintained at public expense, and WHEREAS, it is provided by M. S. A. 9.21 that hall roads that shall have been used as such for ten years or more, whether any record or other proof' exists that they were ever established as highways or not • • • shall be deemed public highways', and it has been ruled by the Michigan Supreme Court that "a highway by user becomes such to the width and extent usedu; NOW, THEREFOI , BE IT RESOLVED, that Angling Road between Base Line or ) ght Mile Road and Seven Mile Road, is officially incorporated into the public street system of the City of Livonia; and the Department of Public Works is authorized to report the same to the State Highway De- partment as City streets in the appropriate category and to perform the usual work with respect to care and maintenance; and the City Clerk is instructed to send copies of this resolution to the Wayne County Bureau of Taxation, the Wayne County Road Comriission, the City Treasurer, and the State Highway Department, and to cause a copy of this resolution to be recorded with the Register of Deeds for Warne County. The City Clerk, Marie W. Clark, read a letter dated January 20, 1956 from the City Attorney in regard to Shadyside Street. Page 2192 By Councilman Kleinert, seconded by Councilman Edgar and unanirnusly adopted, it was #65-56 RESOLVED that, the dedication of Shadyside Street, North of Five Mile Road, be referred to the City Engineer to prepare a proper description of the property to be dedicated, and the City Attorney to preparo a proper resolution. The City Clerk, Marie W. Clark, read a letter dated January 23, 1956 from Redford Township regarding Livonia sewers. By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #66-56 RESOLVED that, the request of Redford Township dated January 23, 1956 for use of Livonia sewers is hereby referred to the City Engineer for report and recommendation. The City Clerk, Marie W. Clark, read a letter dated January 23, 1956 from the Mayor and recommended ordinance regarding the use of fire hydrants, which ordinance was briefly discussed and held over for the meeting of February 13, 1956. The City Clerk read a letter dated January 30, 1956 from the Ma4Yor regard- ing a heating inspector for the Bureau of Inspection and letter dated January 30, 1)56 from the Director of Public Safety. By Councilman Jones, seconded by Councilman Carey, it was #67-56 RESOLVED that, on recommendation of the Mayor dated January 30, 1956, the request of the Bureau of Inspection for an additional heating inspector is hereby approved. A roll call vote was taken on the foregoing re eplution with the following result: AYES: Jones, Killam, Kleinert and Carey. NAYS: Whitehead, Edgar and Daugherty. The President dec]ared the resolution adopted. President Daugherty read a communication from Harper Hospital, dated January 25, 1956, which was received and placed on file. A recess was called at 9:56 P. M., after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. Page 2193 The City Clerk, Marie W. Clark, read a letter dated January 20, 1956 from W. R. NcCary, City 4algineer, containing amended report on the Five Mile Road Sidewalks. By Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, it was #68-56 RESOLVED that, the City Engineer is directed to prepare plans and specifications for the construction of sidewalks on Five Mile Road; and that the City Clerk is hereby authorized to advertise for bids, pursuant to the ordinances of the City of Livonia. The City Clerk read a letter dated January 30, 1956 from the City Engineer and Superintendent of Public Works regarding bond for improvements in Buckingham Village Subdivision. By Councilman Kleinert, seconded by Councilman Whitehead, it was #69-56 RESOLVED that, upon recommendation of the City Engineer and Superintendent of Public Works dated January 3D, 1956, and pursuant to a resolution adopted by the Council on 114y 23, 1955, the bond to the City of Livonia for improvements in Buckingham Village Subdivision dated May 31, 1955 in the amount of $271,500.00 between Rouge Building Company, as principal, and National Union Fire Insurance Company, as surety, is hereby released; provided, however, that said $271,500.00 bond is replaced by a new bond in the amount of $146,000.00, and that such bond is hereby established to insure completion of improvements, pursuant to the recommenda- tions in the aforementioned letter from the Department of Public Works. A roll call vote was taken an the foregoing resolution with the following result: AYES: Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: None. The City Clerk, Marie W. Clark, read a letter from the City Planning Com- mission regarding Petition No. Z-139. By Councilman Edgar, seconded by Councilman Carey and unanimously adopted, it was #70-56 RESOLVED that, the report and recommendation of the City Planning Commission dated January 12, 1956, as to Petition No. Z-139 of Arthur and Clara Monroe for change of zoning classification in the South 1/2 of Section 28 from R-1-B to C-1 is approved, and the City Attorney is directed to pre- pare an amendment to Zoning Ordinance No. 60 in accordance with this resolution. Page 219)4 The City Clerk, Marie W. Clark, read a letter from the City Planning Com- mission regarding Petition No. Z-1140. By Councilman Whitehead, seconded by Councilman Edgar, it was #71-56 RESOLVED that, the report and recommendation of the City Planning Commission dated January 19, 1956 as to Petition No. 2-1140 of Irving Levine, President, Concord Homes, Inc., for change of zoning classification in the Southeast 1/14 of Section 22 from RUFB to R-1-A is approved, and the City Attorney is directed to prepare an Rtmendment to Zoning Ordinance No. 60 in accordance with this resolution. Presi dent Daugherty relinquished the chair to Vice President Kleinert at 10:36 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Kilian, Whit ehead, Carey, Edgar and Kleinert. NAYS: Daugherty. The Vice President declared the resolution adopted. The President resumed the chair at 10:38 P.M. The City Clerk, Marie W. Clark, lead a letter from the Department of Public Works regarding snow and ice removal material. By Councilman Jones, seconded by Councilman Killam, it was #72-56 RESOLVED that, the request of the D epartznent of Public Works dated January 30, 1956 for additional material for snow and ice removal is approved and the sum of $1,500.00 is hereby appropriated from the Un- allocated Fund for this purpose. A roll call vote was taken on the foregoing issolution with the following result: AYES: Jones, Killam, Kleinert, Tn1hitehead, Carey, Edgar and Daugherty. NAYS: None. The City Clerk, Marie W. Clark, read a letter dated January 114, 1956 from the Livonia Fire Fighters Association listing their new officers for the year, 1956, which letter was received and placed on file. The City Cla^k read a letter dated January 16, 1956 from the Justice Court requesting additional equipment. Page 2195 By Councilman Whitehead, seconded by Councilman Carey, it was #73-56 RESOLVED that, the request of the Justice Court dated January 16, 1956, for additional equipment is approved and the sum of $300.00 is hereby appropriated from the Unallocated Fund for this purpose. A roll call vote was taken on the foregaing resolution with the following result: AYES: Jones, Killam, Kleinert, 4hitehead, Cargr,Edgar and Daugherty. NAYS: None. By Councilman Kleinert, seconded by Councilman Edgar, it was RESOLVED that, all resolutions or other actions of the Council previously enacted to establish or purporting to establish a rate of com» pensation for the office of City Attorney are hereby revoked and decla red without force effective on and after April 9, 1956; it being the intent of this resolution that any rate of compensation for the office of City Attorney on and after said date of April 9, 1956 shall then be established by the Council of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Whitehead, Edgar and Daugherty. NAYS: Jones, Killam aid Carey. The President declared the resolution denied because of lack of a 2/3 majority vote. By Councilman Kleinert, seconded by Councilman Killam, it was #74-56 RESOLVED that, all resolutions or other actions of the Council previously enacted to establish or purporting to establish a rate of cow pensation for the office of City Attorney are hereby rescinded and declared without force and effect after April 9, 1956; and that effective on April 10, 1956, the compensation for the office of City Attorney shall be at the rate of $8,000.00 per annum, payable monthly. A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: Jofles. The President declared the resolution adopted. Councilman Edgar read a letter dated January 16, 1956 from the Livonia Post of the Ground Observer Corps. By Councilman Edgar, seconded by Councilman whitehead, it was #75-56 RESOLVED that, the request of the Livonia Post of the Ground Page 2196 Observer Corps dated January 16, 1956 be granted, contingent upon the rules and regulations governing such request. A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: Jones. The President declared the resolution adopted. The President relinquished the chair to the Vice President at 11:15 P. M. By Councilman Daugherty, seconded by Councilman Edgar, it was RESOLVED that, 4 Charter amendment be submitted to be placed on the ballot for the election April 2, 1956, establishing the salary for members of the Council at $2,000.00 per year, effective in 1958. A roll call vote was taken on the foregoing resolution with the following result: AYES: Edgar and Daugherty. NAYS: Jones, Killam, Whitehead, Carey and Kleinert. The Vice President declared the resolution denied. By Councilman Carey, seconded by Councilman Jones, it was #76-56 RESOLVED that, a Charter amendment be submitted to be placed on the ballot for the election April 2, 1956, establishing the salary for mem- bers of the City Council at $1,200.00 per year, effective April Ili, 1958. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Whitehead, Cary, Edgar, Daugherty and Kleinert. NAYS: None. By Councilman Jones, seconded by Councilman Daugherty, it was #77-56 RESOLVED, that the City Council of the City of Livonia, by a three-fifths (3/5) vote of the members elect and pursuant to the pro- visions of Section 21 of Act 279 of the Public Acts of Michigan of 1909 as anended, does hereby propose that there be submitted to the electors of such City at the election to be held on April 2,1956, the following amendment to the City Charter: Proposed Charter Amendment No, 9 imm Chapter IV, Section 5. COMPENSATION. Each member of the Council elected or appointed to that office at any time prior to the April Page 2197 2, 1956 election shall receive an annual salary of Six Hundred Sixty Dollars ($660.00) for his services as Councilman. Each member of the Council elected to office at the April 2, 1956 election or elected or appointed to that office between April 10, 1956 and April 7, 1958 shall receive an annual salary of Six. Hundred Sixty Dollars ($660.00) for any period prior to and including April 14, 1958, and than an annual salary of Twelve Hundred Dollars ($1,200.00) commenc- ing on April 15, 1958 Each member of the Council elected to office on 'pril 7, 1958 or elected or appointed to that office at any date thereafter shall receive an annuli salary of Twelve Hundred Dollars ($1,200.00). Salaries as authorized herein shall be payable monthly. All Charter provisions, acts or parts of acts in conflict herewith are hereby repealed; that the existing Charter provision which would be altered or abrogated by the foregoing amendment is Chapter IV, Section 5; that Monday, April 2, 1956 is hereby designated as the date for the holding an election on said proposed amendment and question; that a certified copy of said pro- posed amendment and this resolution be forthwith transmitted by the City Clerk to the Governor of Michigan for his approval; that a certified copy of the Statement of Purpose shall be transmitted to the Attorney General for his approval, as required by Act #117, P.A. 1955; that the City Clerk shall promptly and fully comply with all the provisions of Section 21 of said Act 279, as amended, and shall do and perform all acts required by State Law and the Chanter of the City of Livonia relative to the calling and holding of such election, the giving notice thereof, the registration of electors and preparation of ballots therefor, and the making of all necessary arrangements for such election; that blank paper ballots for the use of electors at such election be printed in substantially the following form: BALLOT Instructions: A cross CO in the squarel before the word tryESn is in favor of the proposed amendment to the City Charter, and a cross (x) in the squarer-I before the word "NOH is against the proposed amendment. Before leaving the booth, fold the ballot so that the initials of the inspector may be seen on the outside. Amendment No. 9 An amendment changing the salaries of the members of the City Council. The purpose of this amendment is to change the salaries of the members of the City Council from $660.00 per annum to $1,200.00 per annum. Page 2198 Shall Section 5 of Chapter IV of the Charter of the City of Ldvonia be amended to change the salaries of mem- bers of the City Council to be $1,200.00 per annum? ji YES Li NO that said proposed Charter amendment shall be published in full with existing Charter provisions which would be altered or abrogated thereby; that said proposed amendment in full shall be posted in a conspicuous place in each polling place; and that the canvass and determination of the votes on said proposed amenctent shall be made in accordance with the laws of the State of Michigan PLEASE TA1 NOTICE THAT THE FOLLCWING IS THE EXISTING CHARTER PROVISION WHICH WILL BE ALTERED ORABROGATED BY THE FOREGOING PRMSED AMENDMENT: Chapter IV, Section 5. COMIENSATION. Each member of the Council shall receive an annual salary of Six Hundred Sixty Dollars ($660.00), pay- able monthly, for his services as Councilman. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Whiteheadl Carey, Edgar, Daugherty and KlaLnert. NAYS: None. By Councilman Killam, s- condad by Councilman Jonesi it was #78-56 RESOLVED that, the report of the Finance Committee for the month of Decembers 1955 is hereby approved and a summary spread upon the minutes as follows: General, Administrative & Legislative: Legislative $ 891.70 City Treasurer 165.77 City Clerk 633.46 Department of Law 63.82 Justice Court 637.46 Election Commission 34.50 Civil Defense 37.60 City Planning Commission 403.97 City Hall 664.41 Court Building 83.43 Civil Service Commission 1140,146 $ 3,756.58 Page 2199 Department of Public Safety: Fire Department $ 852.52 Inspection Department 44.08 Police Department 1,760.07 $ 2,656.67 Parks and Recreation Department: Parks Division 259.89 Recreation Division 228.40 Forestry Division 26.62 514.91 Department of Public Works: Public Worksavision 4,689.30 Engineering Division 77.94 4,767.24 11,695.40 Insurance 42634.06 16,329.46 General Ledger Accounts: Accounts Receivable 100.00 Advance to "Sidewalks on Five Palen 12.00 Advance to Spec. Assess. #5 5.50 Advance to S. D. S 1.89 Reserve for Encumbrances 9,036.83 D.P.W. Inventory Accounts 1,230.66 Gas Tax Refund - Receivable 480.00 10,866.88 $ 27,196.34 A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Whitehead, Carey, Edgar, Daugherty and Kleinert. NAYS: None. The City Clerk, Marie W. Clark, read a letter dated January 27, 1956 from the Mayor to Mr. Henry Baker, and appointment of Mr. Claude Snarey to the Parks and Recreation Commission, which was received and placed on file. By Councilman Jones, seconded by Councilman Corey, it was #79-56 RESOLVED that, this adjourned 159th regular meeting of the City Council adjourn. Page 2200 A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Whitehead, Carey and Kleinert. NAYS: Edgar and Daugherty. The Vice President declared the meeting lily adjourned at 11:23 P. M., January 30, 1956. Marie W. Clark, City Clerk Attested: Jo' P=• gherty, 'resident o the Counc Rudolf R.KleI-rt, Vice President of the Council.