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HomeMy WebLinkAboutCOUNCIL MINUTES 1955-08-22 Page 1993 MINUTES OF THE ONE HUNDRED FORTY-NIH fH REGULAR MEETING OF THE COUNCIL OF THE CITY OF T.TVONIA On August 22, 1955, 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. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present-- John T. Daugherty, Davin. L. Jones, Harry R. Killam, Rudolf R. Kleinert, John W. Whitehead, Nettie Carey, and Wilson W. Edgar. Absent-- None. The City Clerk, Marie W. Clark, read the minutes of the 148th regular meeting. By Councilman Kleinert, seconded by Councilman Whitehead, it was #419-55 RESOLVED that, the minutes of the 148th regular meting of the City Council held August 8, 1955 are approved as read. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Whitehead, Carey, Edgar arra Daugherty. NAYS: Jones and Killam. The President declared the resolution adopted. The City Clerk read the minutes of the 31st special meeting held August 15, 1955. By Councilman Killam, seconded by Councilman Jones and unanimously adopted, it was #420-55 RESOLVED that, the minutes of the 31st special meeting of the City Council held August 15, 1955 are approved as read. The City Clerk, Marie W. Clark, read a letter dated August 19, 1955 from the Mayor, vetoing resolution #401-55 By Councilman Carey, seconded by Councilman Whitehead, it was RESOLVED that, resolution #401-55, adopted by the City Council August 8, 1955, be readopted in its entirety just as if it were word for word repeated herein. Page 1994 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Whitehead, Carey and Edgar. NALS: Jones, Killam and Daugherty. The President declared the resolution denied because of lack of a 2/3 majority. Councilman Edgar again requested a report from the Mayor on resolution #349-55, and the Mayor said he had no comment and no report. Councilman Edgar stated: "The Council has taken enough time and we should know whether you have the affidavits or whether you don't and I think you should be man enough to say whether you did get them or didn't." Councilman Edgar reque sted that the pre vious remarks appear in the record of minutes. By Councilman Jones, seconded by Councilman Killam and unanimously adop ted, it was #421-55 RESOLVED that, the Police Department be instructed to conduct an investigation as to the Paddock Drive-In on Middlebelt Road and that a proper report be submitted to the Council at the next regular meeting, with full details as to the conditions prevalent at the Drive-In and to take such action as is within the power of the Police Department to curtail further objections. The City Clerk, Marie W. Clark, read a letter dated August 18, 1955 from William 0. Remaley, former Water Commissioner, addressed to John T. Daugherty, re- garding shut-off valves and water pressure, which letter was received and placed on file. By Councilman Kleinert, seconded by Councilman Edgar and unanimously adopted, it was #422-55 RESOLVED that, the office no urs pre viou sly establi shed during the summer months at the City Hall and Department of Public Works be and hereby are made a permanent regulation and that the above depart- ments shall adhere to the following schedule: Monday, the offices shall be open from 8:30 A. M. until 8:30 P. M., holidays excluded, Tuesday, Wednesday, Thursday aryl. Friday, said hours shall be from 8:30 A. M. until 5:00 P. M. ; r. Saturday, the offices shall oe closed. Page 1995 By Councilman Lleinert, seconded by Councilman Jones, it was RESOLVED that, the City Clerk, Marie W.Clark, be authorized to advertise for bids for 16 voting machines with extended time payment plan. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam and Kleinert. NAYS: Whitehead, Carey, Edgar and Daugherty. The President declared the resolution d enied. By Councilman Kleinert, seconded by Councilman Carey, it was #423-55 RESOLVED that, the City Clerk, Marie W. Clark, be authorized to order 16 voting machines in accordance with the letter from the Shoup Voting Machine Company. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Whitehead, Carey and Edgar. NAYS: Jones, Killam and Daugherty. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #424-55 RESOLVED that, the previous resolution #423-55 be reconsidered. By Councilman Jones, seconded by Councilman Killam and unanimously adopted, it was #425-55 RESOLVED that, the City Clerk, Marie W. Clark, be authorized to advertise for bids for voting machines, as provided in Ordinance No. 35. By Councilman Killam, seconded by Councilman Jones and unanimously adopted, it was #426-55 RESOLVED that, the Election Commission be instructed to furnish a report to this Council as to the number of voting machines required, no later than the next meeting. By Councilman Jones, seconded by Councilman Killam, it was #427-55 RESOLVED that , the report of the Finance Committee for the month of July, 1955, is approved and a summary spread upon the minutes as follows: Page 1996 General, Administrative and Legislative: Executive 10.00 Legislative 906.89 City Treasurer 1,947.24 City Clerk 106.62 Justice Court 572.69 Department of Law 25.00 Election Commission 25.00 Civil Service Commission 16.00 City Planning Commission 515.54 Civil Defense 56.29 City Hall 1,058.32 Court Building 95.32 5,334.91 Department of Public Safety: Police Department 1,256.97 Fire Department 1,413.28 Inspection Department 552.33 3,222.58 Department of Public Works: Public Works Division 7,996.23 Engineering Division 819.72 8,815.95 Department of Parks and Recreation Parks Division 459.29 Recreation Division 1,135.03 Forestry Division 70.00 1,664.32 Retirement Program 16,566.53 Acquisition of Land 3.00 Insurance 95.00 TOTAL: $ 35,702.29 General Ledger Accounts: Advance-Grandon Avenue Paving 52.55 Advance-Sewage Disposal System 489.50 Advance-Sewage Disposal S, stem #1 3.74 Inventory Accounts 1,225.32 Gas Tax for Refund 480.00 Reserve for Encumbrances ( .02) 2,251.09 TOTAL: S 37,953.38 A roll call vote was taken on the foregoing resolution with the following result : AYES: cones, Kill am, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: None. A recess was called at 9:19 P. M., after which the meeting resumed with all members present who were named as present in the original roll call of t his meeting. Page 1997 By Councilman Whitehead, seconded by Councilman Jones and unanimously adopted, it was #428-55 RESOLVED that, the Council suspend the regular order of business to take care of certain items on the agenda wherein in- terested persons are waiting to be heard on those items. The City Clerk, Marie W. Clark, read a letter dated August 18, 1955, from the City Attorney and portions of the amendment to Ordinance No. 51. Councilman Jones introduced the following Ordinance: NO. AN ORDINANCE AMENDING ORDINANCE NO. 51, OF THE CITY OF DCVO NIA, KNO JN AND CITED AS THE "BUILDING CODE OF THE CITY OF LI D NIA," BY AMENDING SECTION 4.02, BY ADDING A NEW SUBSECTION TO SECTION 104.14, AND BY ADDING SECTION 104.16. THE CITY OF LIVONIA ORDAINS: Section 1. Ordinance No. 51 of the City of Livonia, known and cited as the "Building Code of the City of Livonia" is hereby amended as follows: Section 4.02. Amendments to Abridged Building Code and Wayne County Building Code. Section 3 of the Wa-me County Building Code and Section 100.0, 100.1, 104.0, 104.13, 104.14, 104.15, 104.16, 107.0, 107.1, 132.0, 132.1 and 132.16 of the Abridged Building Code are hereby amended and changed as follows: Section 100.1 Scope The provisions of this ordinance shall govern the design, construction, alteration, demolition, and moving of all buildings and structures specified in Section 100.2 and their service equipment. They shall apply to existing and proposed buildings in the City of Livonia as herein provided except as much matters may be otherwise prescribed in the Statutes of the State of Michigan or in the Charter and ordinances of the City of Livonia. 100.1. Title This ordinance shall be known and cited as the "Build- ing Code Ordinance of the City of Livonia", and shall be construed to secure its expressed intent and to insure public safety, health and welfare,insofar as they are dependent on building construction. Section 104.1 Administration and Enforcement 104.13. Building Code Board of Appeals. A building Code Board of Appeals shall be created consisting of five members appointed by the Mayor, one member to be appointed for five years, one for four years, one for three Page 199$ years, one for two years, and one to serve one year; and thereafter each new member to serve for five years or until his successor has been appointed. One member of the board shall be a registered professional engineer,another a registered professional architect, another a builder or superintendent of building construction of at least ten years experience, another a licensed electrical contractor who shall have had at least ten years experience, and another a master plumber who shall have had at least ten years experience. During absence of members for reasons of disability or disqualification, the Mayor shall designate a qualified substitute. The board shall select one of its members to serve as chairman for a period of one year or until his suc- cessor has been appointed. The building official shall designate a clerk to serve as secretary of the board, who shall keep a detailed record of all proceedings on file in the office of the Inspection Bureau. No member of the board shall pass on any question in which he is engaged as contractor or Material dealer, or in the preparation of plans or specifications, or in which he has any official interest. The members of the board shall receive such compensation as may be allowed by resolution of the City Council . 104.14. Powers and D_tties of Board of Appeals. The Building Code Board of Appeals shall hear, review, decide and determine the following matters: (a) All appeals from any order, action, decision or determina- tion made by the building official or any administrative official under the provisions of this ordinance; (b) All appeals from any order, action, decision or determina- tion made by the building official or any administrative official under the provisions of any technical code; (c) All appeals from any decision or action of the building of- ficial under any ordinance of the City of Livonia, including rules and regulations made pursuant thereto; (d) All other matters referred to the board or upon which it is required to pass under this ordinance or any other ordinance or or- dinances of the City of Livonia; and (e) Where there are practical difficulties or unnecessary hard- ships in the way of carrying out the strict letter of this ordinance, such board shall have power in passing upon appeals to vary or modify any of the rules, regulations or provisions of this ordinance, so long as in so doing, it shall observe the spirit of this ordinance, secure the public safety, and do substantial justice. 104.15. Proceedings Before Board of Appeals. Any person aggrieved may take an appeal to the Building Code Board of Appeals from any decision or action of the building official. An appeal must be filed within 30 days from the date of the decisionappealed from, by filing with the building official and the Board of Appeals a notice of appeal, specifying the ground thereof, except that in the case of a building or structure which, in the opinion of the building official is unsafe or dangerous, the building of- ficial may in his order limit t he time for such appeal to a shorter period. The building official shall forthwith transmit to the board all papers upon Page 1999 which the action appealed from was taken. The board shall meet upon notice of the chairman within ten days of the filing of an appeal or at stated periodical meetings as warranted by the volume of work. All hearings shall be public, and the appellant, his representative, the officer of the muni- cipality and any other person whose interests may be affected by the matter on appeal, shall be given an opportunity to be heard. The board shall ex- amine, affirm, reverse or modify the decision of the building official or other administrative official by a concurring vote of three members. Every action of the board shall be by resolution and certified copies shall be furnished to the appellant and to the building official. Failure to secure three concurring votes shall be deemed a confirmation of the decision of the building official or other official. The building official shall take immediate action in accordance with the decision of the board. The board shall have full authority to adopt rules and regulations not inconsistent with the provisions of this ordinance. 104.16. In the case of an affirmative decision on the appeal based on sub-section (e) of Section 104.14 of this ordinance, such decision shall not be operative unless and until it receives the approval of the City Council. Section 107.0 Fire Districts 107.1. Fire Districts Subdivision. To control types of construction based on the inherent fire hazard of use groups of buildings, the munici- pality shall establish fire district limits to include all areas in which congested business, commercial and public assembly uses are housed. Such areas shall be designated as "within the fire limits." (See Section 301, Basic Building Code.) Section 132.0 Fences 132.1. Materials to be Used. All fences constructed or reconstructed set in the soil at least three feet and a height above the average grade of the two adjoining lots of not less than three feet nor more than six feet; provided, however, that the minimum height of all partition fences for a distance of thirty feet, measured from the front lot line back toward the rear lot line, shall be two feet, and, provided further, that the maximum height of fences in or around industrial or manufacturing areas shall be eight feet; and, provided further, where the owne rs of adjoining parcels of lard cannot agree as to the height of a partition fence between their respective parcels of land and the materials to be used therein, the build- ing official shall have the authority to determine such height and kind of materials. 132.16. No person, firm or corporation, or their lessee or agent, shall construct or maintain a barbed wire fence, partially or wholly around any area in any street, avenue, alley, lane or public highway, or in or along any street or in front of any public space or place, or nail or cause same to be nailed or fastened in any form, shape or manner upon partition fences; provided, however, that nothing contained herein shall prevent the use of barbed wire fences in any agricultural (AG) districts as defined in the Zoning Ordinance (Ordinance No. 7) of the City of Livonia, as heretofore or hereafter amended, or in any new zoning ordinance hereafter adopted by the City of Livonia; provided further, that barbed wire fences may be permitted around manufacturing plants and industrial establishments Page 2000 according to such rules and regulations as may be made by the building of- ficial. Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 3. In the event any portion of this ordinance is held invalid for any reason, then such holding shall not affect the remaining portion of this ordinance. Section 4. It nas appeared to the City Council that a number of applica- tions were made to the Inspection Department for building permits, and that these were not processed in the ordinary time due to the death of a department employee, and as a consequence these applications were caught in a "freeze" resulting from operation of certain provisions of Ordinance No. 51. It also appears that there is some question as to the existence of "an ample supply of potable water" in Livonia, the lack of which supply would bring into operation the "freeze" provisions of the ordinance, and thus would prevent issuance of building permits to other applicants. Inasmuch as the various factors entering into the water situation, and the con- sequences resulting therefrom, have, in the opinion of the Council, created undue hardship and injustice, this present ordinance is deemed necessary for the pro- tection of the public health, safety and welfare, and shall be construed with that purpose in mind. Section 5. This ordinance is hereby declared to be immediately necessary for the preservation of public safety and welfare, and shall become effective on August 22, 1955, being the date of the meeting of the City Council where it was introduced and adopted. President Daugherty relinquished the Chair to Vice President Kleinert at 10:16 P. M., and resumed the chair at 10:26 P. M. A roll call vote was taken on the foregoing ordinance with the following result: AYES: Jones, Whitehead, Edgar, Carey and Daugherty. NAYS: Killam and Kleinert. The President declared the Ordinance duly adopted and effective immediately. The City Clerk, Marie W. Clark, presented to the Council a number of letters of application for building permits. By Councilman Edgar, seconded by Councilman Killam and unanimously adopted, it was #429-55 RESOLVED that, the request of Albert R. Korby, D. D. S., re- ceived August 18, 1955 for water permit at 28677 Plymouth Road, be and hereby is granted. Page 2001 By Councilman Killam, seconded by Councilman Carey and unanimously adopted, it was #430-55 RESOLVED that, the request of Sperber Manufacturing Company dated August 18, 1955, for a building permit to construct a furniture store at Plymouth Road and Garden Avenue be and hereby is granted. By Councilman Edgar, seconded by Councilman Carey, it was #431-55 RESOLVED that, the requests of Wil. iam L. Warren dated August 18, 1955, Boris Daneff, dated August 17, 19 55 and Norman A Mahrley dated August 22, 1955, for building permits to construct private residences be and hereby are granted. I roll call vote was taken on the foregoing resolution with the following result : AYES: Jones, Killam, *Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS : None. *Councilman Kleinert abstained from voting which, under Ordinance No. 27, Section 19, is recorded as a yes vote. By Councilman Jones, seconded by Councilman Whitehead, it was #432-55 RESOLVED that, the requests for building permits of the Galilean Baptist Church received August 19, 1955 for permission to build a church, and the F. M. Sibley Lumber Company dated August 19, 1955, for permission to construct a lumber yard, be and hereby are approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, *Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: None. *Councilman Kleinert abstained from voting which, under Ordinance No. 27, Sectinn 19, is recorded as a yes vote. Councilman Whitehead was excused at 11:00 P. M. By Councilman Carey, seconded by Councilman Edgar, it was #433-55 RESOLVED that, the requests from Wayne Construction Corporation by N. L. bmokler its president, dated August 19, 1955 in which application was made to secure building permits for lots 95 through 111, both in- clusive of Smokier Rousseau Subdivision #3; and Burt Homes, Inc., by Its president Irving Levine, dated August 17, 1955, for the issuance of 10 building permits in Cherokee Trail Subdivision, be and hereby are granted. Page 2002 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 Kleinert abstained from voting which, under Ordinance No. 27,Section 19, is recorded as a yes vote. Councilman Whitehead returned at 11:05 P. M. By Councilman Edgar, seconded by Councilman Whitehe ad, it was #434-55 RESOLVED that, careful consideration having been given to the requests of Harry Slatkin Builders, Inc., dated August 11, 1 )55 for 60 building pe rmits in Country Homes Subdivision No. 2, and Seyburn Build- ing Company dated August 19, 1955, for 26 building permits in Rosedale Meadows Subdivision, consisting of lots 287-299, both inclusive, and lots 302-314, both inclusive, be and hereby are granted; provided, how- ever, that said applicants for the a cove stated building permits shall comply with the following regulations: 1. That the request for water taps shall not be made until such time as the present water situation has been resolved; 2. That they shall not pass title to the homes being built under these permits until the current water problem is resolved. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, `Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: Killam. *Councilman Kleinert abstained from voting which, under Ordinance No. 27, Section 19, is recorded as a yes vote. The President declared the resolution adopted. By Councilman Whitehead, seconded by Councilman Jones, it was #435-55 RESOLVED that, the request of Harold R. Gunderson dated August 10, 1955 for permission to build a home on lots #99 and #100 of O'Connor-Parkview Acres Subdivision be and hereby is granted. A roll call vote was taken on the foregoing resolution with the following result AYES: Jones, Killam, *Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: None. Page 2003 *Councilman Kleinert abstained from voting which, under Ordinance No. 27, Section 19, is recorded as a yes vote. The City Clerk, Marie W. Clark, read a letter from the City Planning Com- mission as to Petition No. Z-116. By Councilman Edgar, seconded by Councilman Carey and unanimously adopted, it was #436-55 RESOLVED that, the report and recommendation of the City Plan- ning Commission dated August 18, 1)55 as to Petition No. Z-116 of W. L. Whitfield, District Manager, The Consumer Power "'ompany, for change of zoning classification in the Southeast 1/4 of Section 28 from RUFB to C-2 is hereby approved and the City Attorney is directed to prepare an amendment to Zoning Ordinance No. 60 in accordance with this resolution. The City Clerk r ,ad a letter from the City Planning Commission dated July 29, 19 55 as to Petition No. Z-102. Mr. Nandino Perlongo appeared in behalf of the petitioner. By Councilman Edgar, seconded by Councilman Kleinert, it was #437-55 RESOLVED that, the report arra recommendation of the City Plan- ning Commission dated July 29, 1955 as to Petitions No. 2-102 and No. Z-109 for change of zoning classification are approved and such petitions are hereby denied. A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Kleinert, Whitehead, Carey and Edgar. NAYS: Jones and Daugherty. The Presid ent declared the resolution adopted. The City Clerk read a letter dat:d August 17, 195 5 from the Department of 'ngineering as to the request of Mr. Virgil v1hitteaker to construct sewer. By Councilman Killam, seconded by Councilman Jones and unanimously adopted, it was #438-55 R-SOLVED that, having considered the recommendation of the City Engineer dated August 17, 1955, the Council does hereby grant permission to Virgil Whitteaker, 34715 Pine Tree, Livonia, Michigan, to construct a sewer according to the plan approved by W. R. McCary. Page 2004 Councilman Kleinert was excused at 11:47 P.M., and returned at 11:50 P.M. The City Clerk, Marie W. Clark, read letters from the City Attorney dated August 10, 1955, from the City engineer dated August 17, 1955, regarding construction of part of the contract sewer on Inkster Road in Buckingham Village Subdivision. President Daugherty relinquished the chair to Vice President Kleinert at 11:51 P. M., and was excused. He returned at 11:53 P. M. , and resurrect the chair. The City Clerk read proposed agreement contract, for the construction of a sewer by the Rouge Building Company, By Councilman Killam, seconded by Councilman Jones and unanimously adopted, it was #439-55 RESOLVED that, the proposed agreement for the construction of a sanitary sewer by the Rouge Building Company be referred to John Nunneley of Miller, Canfield, Paddock and Stone, for a report and re- commendations as to a form of agreement, and any other necessary action to be entered into between the Rouge Building Company and the City of Livonia. Councilman Edgar was excused at 12:47 P.M., and returned at 12:51 P.M. Councilman Whitehead was excused at 12:51 P.M., and returned at 12:53 P.M. On request of the Ford Motor Company, their letter was withdrawn until the meeting of Septenter 12, 19 55. The City Clerk, Marie W. Clark, read a report from the City Engineer dated August 22, 1955, regarding the division of cost of improvements in Country Homes Subdivisions 1, 2 and 3. By Councilman Kleinert, seconded by Councilman Carey, it was RESOLVED that, upon recommendation of the City Engineer, the Council does hereby approve the division of cost of inprovement s in Country Homes Subdivision in the amount of ',$25,478.50. A roll call vote was taken on the foregoing resolution with the following result: AYES: Whitehead, Carey and Kleinert. NAYS: Jones, Killam, Edgar and Daugherty. The President declared the resolution denied. Page 2005 By Councilman Edgar, seconded by Councilman Carey, it was #440-55 RESOLVED that, having considered the first recommendation of W. R. McCary, City Engineer, dated August 22, 1955, and proposal of Harry Slatkin Builders, Inc., offering a reduction of $1,000.00 in the aforementioned proposal, the Council does hereby approve arrangement (b), based on the area of all of the Country Homes Subdivisions as it pertains to improvements for the parksite only, and that such amount be and hereby is determined to be $23,400.00 as the City's share of such improvements; and that the Ma3or and City Clerk are hereby directed to enter into a contract on behalf of the City of Livonia; provided, how- ever, that such contract shall first be approved by the City Attorney as to form and legality. A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, *Kleinert, Whitehead, Carey and Edgar. NAYS: Jones and Daugherty. *Councilman Kleinert abstained from voting which, under Ordinance No. 27, Section 19, is recorded as a yes vote. The President declared the resolution adopted. The City Clerk, Marie W. Clark, read a letter dated August 18, 1955 from the City Engineer regarding reduction of bond in River Bend Subdivision. By Councilman Jones, seconded by Councilman Whit ehe ad, it was #441-55 RESOLVED that, upon recommendation of the Superintendent of Public Works dated April 11, 19 55, a cash bond to the City of Livonia for improvements s in River Bend Subdivision dated October 8, 1954 in the amount of 4365,000.00, which sum was paid for deposit in the Special Trust Fund of theCity of Livonia under date of October 8, 1954, the amount of $25,947.00 having been previously released pursuant to Council resolution dated April 11, 1955, the City Council does hereby release the further sum of $28,053.00, pursuant to the report and recommendation of the City Engineer dated August 18, 1955, the anount after release will represent the sum of $11,000.00 as the amount to be retained by the City of Livonia until all improvements have been completed and certified by the Department of En- gineering; and the City Clerk and City Treasurer are hereby instructed 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, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: None. On motion of Councilman Killam, seconded by Councilman Jones, and Page 2006 unanimously adopted, this 149th regular meeting of the City Council was adjourned to Monday, August 29 , 19 55 at 8:00 P. M. , the time of this adjournment being 1:25 A. M. , August 23, 1955. `"--e)'),7 M- ie J. Clark, City Clerk Att_sted: o ' . Daugherty, President o e Council Rudolf . Kleinert, Vice President of the Council