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HomeMy WebLinkAboutCOUNCIL MINUTES 1957-08-19 ADJOURNED Page 3000 MINUTES OF TEE ADJOURNED Tido HUNDRED SIXTEENTH REGULAR METING OF THE COUNCIL OF THE CITY OF LIVONIA On August 19, 1957, the above meeting was held at 33001 Five Isle Road, Livonia, Michigan, and was called to order at approximately 8:25 P. M., by the President of the Council. Councilman Ventura delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Sydney B. Bagnall, Rudolf R, Kleinert, David L. Jones, Peter A. Ventura and John T. Daugherty. Absent-- Frank O'Neill. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #615-57 RESOLVED that, the Council suspend the regular order of business to receive pending reports. By Councilman Ventura, seconded by Councilman Kleinert, it was #616-57 RESOLVED that, on recommendation of the Insurance Committee, invoice of William Wood Agency dated July 7, 1957, which covers the Money and Securities Policy for one year in the amount of $117.50, and invoice dated August 6, 1957 in the amount of $121.00 for policy covering Fire, Extended Coverage Endorsement, Vandalism and Malicious Mischief in the amount of $70,000.00 for a three year period, on Fire Station #2 building situated at 10800 Farmington Road, are hereby approved for payment. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Ventura, Bagnall, Kleinert and Grant. NAYS: Daugherty. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Jones, it was #617-57 RESOLVED that, the suggested seal coat program for 1957 as shown on the map attached to a letter of July 25, 1957 from the Department of Public Works is hereby approved by the Council; provided, however, that this program shall not take precedence over completion of the program as proposed for 1956 in a report submitted by Mr. W. R. McCary, City Engineer, and accepted by the Council by resolution #117-56, at the regular meeting of February 27, 1956, unless the Department of Public Works shall by written report outline reasons for removal of some streets from the pro- posed 1956 program, and with such report being approved by the Council. By Councilman Daugherty, seconded by Councilman Ventura, it was Page 3001 RESOLVED that, the seal coat program be tabled until all members of the Council have sufficient information to vote with the full knowledge of what they are voting on. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty and Ventura. NAYS: Jones, Kleinert, Bagnall and Grant. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman Daugherty, it was RESOLVED that, the seal coat program be referred back to the Streets and Roads Committee so that the Council can get a report from the Department of Public Works for presentation at a regular meeting. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty and Grant. NAYS: Jones, Bagnall and Kleinert. The President declared the resolution denied. A roll call vote was taken on resolution #617-57, with the following result: AYES: Jones, Bagnall, Kleinert and Grant. NAYS: Ventura and Daugherty. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Kleinert, it was #618-57 RESOLVED that WHEREAS, the Dayton Building Company has agreed to pay the entire cost of extending the sanitary sewer in Section 31 to the new Washington School; and WHEREAS, the Livonia School Board has agreed to pay in advance a portion of the governmental sewer service rate established under Or- dinance No.115, as amended; and WHEREAS, the City will grant permission to the above school to connect into such sewer once it is completed; NOW, THEREFORE, BE IT RESOLVED that, the Council, in order to facilitate the opening of the above school, does herein agree in principle with the idea of a pay-back agreement and agrees to enter into such an agreement with the Dayton Building Company in the near future, the terms of such agreement to be worked out mutually between the parties involved. A roll call vote was taken on the foregoing resolution with the following result: Page 3002 AYES: Jones, Ventura, Daugherty, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Jones, seconded by Councilman Ventura, it was #619-57 RESOLVED that, the proposed lease by and between Carl J. Wagen- schutz and Hazel M. Wagenschutz, his wife, 35900 Five Mile Road, Livonia, Michigan, and the City of Livonia, a Michigan Municipal Corporation, wherein in consideration of the sum of One Dollar ($1.00), said sum to be the entire consideration that shall be paid to the Landlord by the tenant during the term of the lease, the Police Department of the City of Livonia shall be permitted to use for parking purposes certain premises described as: Lot No. 306 and adjacent vacated alley 20 feet wide, Grennada Park Subdivision No. 1 of part of the N. W. 1/4 of Section 22, T. 1 S., R. 9 E., (more commonly known as that lot adjoining the Police Station of the City of Livonia on the south), the Council does hereby approve said lease and the Mayor and the City Clerk are herein authorized to sign such lease in 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: Jones, Ventura, Daugherty, Bagnall, Kleinert and Grant. NAYS: None. Marie W.Clark, City Clerk, read a letter from the Department of Public Works regarding sanitary facilities for the Department of Public Works Service Garage. By Councilman Kleinert, seconded by Councilman Jones, it was #620-57 RESOLVED that, the request of the Director of Public works con- tained in his letter to the Mayor dated May 15, 1957, and approved by the Mayor on that date, in regard to additional sanitary locker and lunch facilities at the Department of Public Works garage, is hereby granted and the Department of Public Works is herein authorized to have the necessary plans and specifications prepared for such additional facilities and also to advertise for bids for the construction of same; and that upon receipt of such bids, the Council will make an appropriation sufficient to cover the cost of this project. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Ventura, Daugherty, *Bagnall, Kleinert and Grant. L NAYS: None. Councilman Bagnall abstained from voting which is recorded as a yes vote under the provisions of Ordinance No. 27, Section 19. Page 3003 The President declared the resolution adopted. By Councilman Jones, seconded by Councilman Kleinert, it was RESOLVED that, the Council, having given serious consideration to the request of the Chairman of the Water and Sewer Board for additional com- pensation, does herein determine that the compensation for such position should not be increased at this time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Daugherty and Kleinert. NAYS: Ventura, Bagnall and Grant. The President declared the resolution denied. By Councilman Bagnall, seconded by Councilman Kleinert, it was #621-57 RESOLVED that , additional compensation for the Chairman of the Water and Sewer Board be tabled. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Bagnall, Kleinert and Grant. NAYS: Jones and Ventura. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Ventura,it was #622-57 RESOLVED that, pursuant to the request of the Department of Law dated July 25, 1957, the sum of $22.32 is hereby transferred from the Un- appropriated Surplus to the General Land Acquisition Account for the purpose of paying the City's share of taxes due on property recently purchased on land contract from Meredith and Genevia Polston. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Ventura, Daugherty, Bagnall, Kleinert aid Grant. NAYS: None. Marie W. Clark, City Clerk, read a letter f rom the Department of Law re- garding the paving of Harrison Avenue. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was #623-57 RMOLVED that, the City Council having at its regular meeting of August 29, 1955, adopted resolution #157-55, establishing and setting the improvement bond on Livonia Estates Subdivisions No. 4 lad No. 5, Page 3004 located in Section 36; and that one of the conditions of said improvement bond, namely condition no. 5, provided that should the City acquire 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 313.96 feet, that the proprietor of such subdivisions, that is David Lewis, Durable Construction Company, 17311 Wyoming, Detroit, Michigan, would stand the full expense of paving that portion of Harrison Avenue if the City acquired such property within two (2) years from the date of the aforesaid resolution; and said proprietor having agreed to said con- dition in his letter of September 20, 1955, to the City Council and the City having heretofore purchased such property by a land contract dated July 17, 1957; the Council does herein request of the proprietor, that is Mr. David Lewis, to pave the above described property in accordance with the condition referred to above, and the City Clerk is hereby requested to immediately transmit to the above proprietor a certified copy of this resolution. At 9:30 o'clock P. M., a recess was called, 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 Daugherty, it was #24-57 RESOLVED that, pursuant to the request of the City Planning Com- mission dated July 26, 1957, and approved by the Mayor on July 31, 1957, the sum of $250.00 is hereby transferred from Planning Commission Account No. 19 (travel and education) to Planning Commission Account No. 8 (publish- ing). A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Ventura, Daugherty, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Ventura, it was #625-57 RESOLVED that, the sum of $1,000.00 is hereby transferred from the Unappropriated Surplus account to the Police Department Account No. 32 (prisoner meals) in order to cover the cost of prisoner meals for the balance of the fiscal year. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert and Grant. NAYS: Jones. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Ventura, it was #626-57 RESOLVED that, because the proprietor of Ann Arbor Trail Sub- division has now divided such proposed subdivision into two new and en- Page 3005 tirely separate subdivisions, and has requested this Council to establish separate bonds on each of same, the Council does herewith amend Section 3 of resolution #432-57 so as to require an improvement bond in the amount of $31.14,000.00 for the newly defined Ann Arbor Trail Subdivision. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Ventura, Daugherty, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Daugherty, it was 0627-57 RESOLVED that, Harry Sosnick Management Company, 11900 Wyoming, Detroit 38, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Ann Arbor Trail Sub- division No. 2, located in part of the South 1/2 of the Northwest i/4 of Section 31, City of Livonia, Michigan; and it appearing that tentative ap- proval of said proposed plat was given by the City Planning Commission under date of April 19, 1957; 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 August 12, 1957; the City Council does hereby approve said proposed plat on the follow- ing conditions: (1) All of such improvements shall be installed in co rf ormance with the Flat 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) That the installation of such improvements shall be super- vised and inspected by the Department of Public works and such improvements shall not be considered as having b een 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 b een 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: - - - Two Hundred Twelve Thousand Dollars - - - ($212,000.00) - - - 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 provisions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval; provided, however, that there is secured the approval by the Department of Law of an easement between Ann Arbor Trail and Lakeview Drive in the proposed Holly Subdivision. Page 3006 A roll call vote was taken an the foregoing resolution with the following result: AYES: Jones, Ventura, Daugherty, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was #628-57 RESOLVED that, having considered the report and recommendation of the Assistant City Engineer and Director of Public Works dated August 8, 1957, and the communication from Edwin M. Orr, consulting engineer, dated August 5, 1957, the Council does hereby amend Council resolution #667-56, Item #3, adopted October 15, 1956, and does hereby establish the bond for remaining improvements in the Algonquin Park Subdivision in the amount of $255,000.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Ventura, Daugherty, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Daugherty, it was #629-57 RESOLVED that, the Council having considered the petitions of the residents of Grove and Savoie Streets dated March 12, 1957, and that of the residents of Louise Avenue dated May 1, 1957, and having also con- sidered the letters from the Department of Law and Department of Public Works dated May 14, 1957, and August 2, 1957, does herein determine that the streets referred to in the above petitions will be accepted by the City only upon the following conditions: (1) That the owners of properties abutting such streets give to the City, by Quit Claim deed, sufficient property to provide for a road of standard residential width, that is 60 feet; (2) That the owners of properties abutting these streets agree to an assessment to bring these streets up to minimum standards; and further, that the City Clerk is herein authorized and requested to send a copy of this resolution and the City Engineer's report dated August 2, 1957, to the circulators of such petitions, that is Mrs. Vern Book, 29220 Grove, and Mrs. William Wright, 17391 Louise, Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Daugherty, Bagnall, Kleinert and Grant. NAYS: Ventura. The President declared the resolution adopted. The letter from the Mayor regarding preliminary studies, proposed $10,000,000.00 Bond Issue, was received and placed on file. Page 3007 Marie W. Clark, City Clerk, read a portion oft he report from the City Assessor regarding street lights in Sections 3L, 35 and 36, Special Assessment District #11. By Councilman Baaggna1 l, seconded by Councilman Ventura and unanimously adopted, it was #630-57 RESOLVED that WHEREAS, pursuant to the direction of the Council, the City Assessor of said City of Livonia, has prepared and reported to the Council the assessment roll covering and containing the special assessment assessed and levied, respectively, in proposed Special Assessment District No. 11, as heretofore established for the installation of proposed street lighting in said district as designated in resolution heretofore adopted by theCouncil; THEREFORE, BE IT RESOLVED that, the said roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination and that the City Clerk be and hereby is directed to give notice pursuant to the provisions of Ordinance No. 31 of the City, as amended, that the assessment roll has been made and filed in the office of the City Clerk for public examination tion, and that the City Council of the City of Livonia will meet in the City Hall, 33001 Five Mile Road, Livonia, Michigan at 7:30 o'clock P. M., on September 12, 1957, to review the said Special Assessment Roll, at which time and place opportunity will be given to all persons interested to be heard; IT 15 FURTHER RESOL4ED, that the City. Clerk give notice of said hearing, by causing a copy of this resolution to be published once in a newspaper published and circulated in said City, at least ten (10) days prior to the date of September 12, 1957, and that the City Clerk also give notice of said hearing by sending written notice thereof to each property owner subject to special assessment by reason of said improvements; the addresses of said property owners to be taken from the latest tax assess- ment roll in the City Assessor's office. The City Clerk, Marie W. Clark, read a letter from the Department of Public Works regarding emergency storm water relief measures, Southeast section of the City. By Councilman Ventura, seconded by C ouncilman Jones, it was #631-57 RESOLVED that, approval of the report of Hubbell, Roth and Clark dated August 2, 1957, be tabled to the next study meeting. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Bagna]1, Ventura and Daugherty. NAYS: Kleinert and Grant. The President declared the resolution adopted. Page 3008 By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #632-57 RESOLVED that, the firm of Hubbell, Roth and Clark, consulting engineers, be requested to submit supplemental information to their report dated August 2, 1957, relative to those specific areas defined on page 3 of the aforementioned report for the study meeting of the Council, August 22, 1957. By Councilman Daugherty, seconded by Councilman Jones and unanimously adopted, it was #633-57 RESOLVED that, the recommendation of the Building Code Board of Appeals dated July 22, 1957, in connection with a schedule for annual and biennial building inspections, is hereby referred to the Building Fees Committee of the Council for a report and recommendation. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #634-57 RESOLVED that, the proposed ordinance amending Section 18 of Ordinance No. 27, dated June 27, 1957, is hereby referred to the Legis- s lative Committee of the Council. By Councilman Jones, seconded by Councilman Ventura and unanimously adopted, it was #635-57 RESOLVED that, the complaint of Mrs. Donald L. Bachman, 18001 Lathers, in regard to surface drainage, is hereby referred to the next Committee of the Whole meeting for consideration. Marie W. Clark, City Clerk, read a letter from the Mayor regarding request of Consumers Power Company for sewer extension. By Councilman Daugherty, seconded by Councilman Jones and unanimously adopted, it was #636-57 RESOLVED that, the request of the Consumers Power Company dated July 29, 1957, for information concerning the possible extension of sanitary facilities to their proposed site on Farmington Road, is hereby referred to the Engineering Division of the Department of Public Works for a report and recommendation. By Councilman Ventura, seconded by Councilman Daugherty and unanimously adopted, it was #637-57 RESOLVED that, the Council has considered the letter of Mrs. William A. Kennie, Jr., of 29738 MacIntyre Avenue dated July 21, 1957, Page 3009 and conveys to Mrs. Kermit) its appreciation for her interest in a serious civic problem and does hereby refer such letter to the Engineering Division of the Department of Public Works for its information and consideration. Marie W.Clark, City Clerk, read a letter from residents for the paving of West Chicago Road to Newburgh Road. By Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, it was #638-57 RESOLVED that, the petition of certain residents received by the City Clerk on August 6, 1957, requesting that certain portions of West Chicago Road to Newburgh Road be paved, is hereby referred to the Streets and Roads Committee for a report andrecommendation. The report of the Municipal Court for the month of July, 1957, was received and placed on file. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was #639-57 RESOLVED that, in accordance with the request of the Michigan Municipal League dated August 7, 1957, the Council does hereby designate the Mayor as its official representative to cast the vote of the City of Livonia at the annual business meeting of the Michigan Municipal League; and that the City Clerk is herein authorized to transmit this information to the Michigan Municipal League; and that in the event an alternate repre- sentative is requested to act at said meeting for the City of Livonia, that those Livonia City officials present would designate such representa- tive at that time. Marie W. Clark, City Clerk, read the recommendation of the Department of Public Works regarding bids for Mobile Radio Transmitter Receivers. By Councilman Daugherty, seconded by Councilman Ventura, it was #640-57 RESOLVED that, the Council has considered the recommendation of the Superintendent of Public Works dated August 15, 1957, in connection with the bids received for mobile radio transmitter-receivers and cannot concur in such recommendation; and the Council instructs the Superintendent of Public Works to award the bid to the General Electric Company, said company having submitted the lowest bid. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Ventura, Daugherty, Bagnall and Grant. NAYS: Kleinert. The President declared the resolution adopted. Page 3010 On motion of Councilman Bagnall, seconded by Councilman Ventura and unanimously adopted, this adjourned 216th regular meeting of the Council of the City of Livonia was duly adjourned at 10:31 P. M., August 19, 1957. Marie W. Clark, City Clerk