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HomeMy WebLinkAboutCOUNCIL MINUTES 1955-09-19 ADJOURNED Page 2031 MINUTES OF THE ADJOURNED ONE HUNDRED FIFTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 19, 1955, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:05 P. M., by the President of the Council, John T. Daugherty. Councilman Kleinert delivered the invocation. Roll was call ed with the following result: Present-- John T. Daugherty, David L. Jones, Rudolf R. Kleinert, *John W. Whitehead, Nettie Carey and Wilson W. Edgar. Absent-- Harry R. Killam. By Councilman Jones, seconded by Councilman Kleinert, it was #484-55 RESOLVED that, WHEREAS, September 19, 1955 at 8:00 o'clock P. M., is the time fixed for the opening of sealed bids for the purchase of $25,000.00 Special Assessment Street Improvement Bonds and $25,000.00 General Obli- gation Street Improvement Bonds (City Portion) of the City of Livonia, to be dated October 1, 1955, and WHEREAS, said bids have been publicly opened and read by the City Clerk; and WHEREAS, said bids are as follows: Average Name of Bidder Interest Rate Int. Rate Premium 1. Siler & Company 3-1/4% - 1956-59 inc. 2.965% $29.16 Penobscot Building 2-1/2% - 1960 Detroit 26, Michigan 2. McDonald-Moore & Co. 3-1/2% - 5-1-56 thru 3.3209% $30.70 Penobscot Building 5-1-58 Detroit 26, 1`''ichig an 3-1/4% - 5-1-59 tt}ru 5-1-60 3. Braun, Bosworth & Co, 3% 1956 to 1960 inc. 2.931% $90.50 Penobscot Building Detroit 26, Michigan AND W-IEREAS, the bid of Braun, Bosworth and Company has been determined to produce the lowest int ere st cost to the City; NOW, THEREFORE, ±E IT RESOLVED that , said Special Assessment Street Improvement Bonds and said General Obligation Improvement Bonds (City Portion) of the City of Livonia, of the par value of $50,000.00, to be dated October 1, 1955, be awarded to the Braun, Bosworth and Company; RESOLVED FURTHER, that the City Clerk shall return the good Page 2032 faith checks of unsuccessful bidders to each bidder's representative present upon proper receipt, or by registered mail. A roll call vote was taken on the foregoing resolution urith the following result: AYES: Jones, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: None. By Councilman Jones, seconded by Councilman Carey, it was #485-55 RESOLVED that, the Mayor's veto dated September 1, 1955 on Ordinance No. 112, amending Ordinance No. 51, having been considered, the Council does hereby take a roll call vote to over-ride said veto. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Whitehead, Carey, Edgar and Daugherty. NAYS: Kleinert. The President declared the resolution adopted. The City Clerk, Marie W. Clark, read a letter dated September 14, 1955 from the Election Commission, as requested in re solution #463-55,adopted September 12, 1955. By Councilman Kleinert, seconded by Councilman Whitehead, it was #486-55 RESOLVED that, the bid from the Shoup Voting Machine Corporation for the furnishing of sixteen (16) electrically operated voting machines be and is hereby accepted, and the Mayor and the City Clerk are authorized and directed to enter into a contract, in such form as may be approved by the City Attorney, for the purchase of said machines in accordance with the terms of said bid, and BE IT FURTHER RESOLVED that, the sum of $1,768.00 is hereby appropriated from the Unallocated Fund to Budget Account EC 70 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Whitehead, Carey and Edgar. NAYS: Jones and Daugherty. Councilman Jones requested that the following statement be recorded in the minutes: In view of the fact that I feel this is the high bid, it is necessary for me to ,.,. vote no. The President declared the resolution adopted. Page 2033 Councilman Edgar asked if the Mayor had anything to report on resolution #349-55, adopted by the Council on July 11, 1955; and the Mayor said he had nothing to report. *Councilman Whitehead was excused from the balance of the meeting at 9:15 P. M., because of illness. By Councilman Kleinert, seconded by Councilman Carey, it was #487-55 RESOLVED that, pursuant to the recommendation of the City Engineer dated September 12, 1955, on Water Main Construction Contract No. 3 with the Boam Company dated April 8, 1954, the Council does here- by approve such recommendations and does further authorize an extension of such contract in the amount of $24,760.21; provided, however, that the sum of $800.00 for chlorination of water lines to be installed under said contract be deleted from such contract, pursuant to the consent of the Boam Company, given at this meeting, and upon recommendation of W.R. McCary, City Engineer, the City of Livonia will assume the chlorinating of said water line. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Carey, Edgar and Daugherty. NAYS: Jones. The President declared the resolution adopted. A recess was called at 9:23 P. M., after which the meeting resumed with all members present Who were named as present in the original roll call of this meeting, except Councilman Whitehead. The City Clerk, Marie W. Clark, read a letter dated May 17, 1955 from the Livonia Library Study Committee. By Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, it was #488-55 RESOLVED that, the report of the Livonia Library Study Committee dated May 17, 1955, be referred to the Committee of the Whole. The City Clerk, Marie W.Clark, read a letter dated August 15, 1955 from the Mayor, letter from the City Attorney dated August 12, 1955, and proposed agree- ment between Wayne County Road Commission and the City of Livonia for improvement of certain roads in the City. Page 2034 By Councilman Edgar, seconded by Councilman Kleinert and unanimously adopted, it was #489-55 RESOLVED that, the proposed agreement between Wayne County Road Commission and the City of Livonia for improvement of certain roads in the City be referred to the City Engineer and the Streets and Roads Com- mittee for report and recommendation, and that the Council of the City of Livonia approve in principle the contents of said contract. The City Clerk read a letter dated Sept ember 1, 19 55 from the Mayor; letter dated July 28, 19 55 from the Department of Public Works and copy of letter dated May 24, 1955 from the Police Department relative to the Dog Pound. By Councilman Edgar, seconded by Councilman Jones, it was #490-55 RESOLVED that, having considered the recomnendation of the Superintendent of Public Works dated July 28, 1955, for an addition to the Dog Pound, the Council does hereby appropriate the sum of $725.00 from the Unallocated Fund for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Kleinert, Carey, Edgar and Daugherty. NAYS: None. The City Clerk, Marie W. Clark, read a letter dated September 7, 1955 from the Department of Parks and Recreation relative to trap shooting. By Councilman Edgar, seconded by Councilman Jones and unanimously adopted, it was #491-55 RESOLVED that, the reque st of the Department of Parks and Recreation for trap-shooting license be tabled to September 26, 1955 and that Clarence Hoffman, Superintendent, appear before the Council at that time on this matter. The City Clerk, Marie W.Clark, read a letter dated September 19, 1955 from the Mayor relative to the paving of Levan Road. By Councilman Carey, seconded by Councilman Jones and unanimously adopted, it was #492-55 RESOLVED that, the Council of the City of Livonia anticipates L the paving of a portion of Levan Road, north of Plymouth Road, as part of the 1956 paving program; and that the State "ighway Department is hereby requested to install a traffic light at the intersection of Plymouth arra Levan Roads as soon as possible. Page 2035 By Councilman Edgar, seconded by Councilman Jones, it was #493-55 RESOLVED that, building permits be issued for the following applicants: Mr. and Mra. Edward Kaupas, 26408 Oakland, Inkster Mr. and Mrs. George Tabaku, 5653 Tarnow, Detroit 10 Mr. and Mrs. E. Schmidt, 20235 Forcer, Detroit 35 Arthur A. Swanson, 15963 Doris, Livonia Earl C. Thomas, 17710 Floral, Livonia Mr. and Mrs. Russell Leskel, 15979 Garfield, Detroit 39 Albert Urwitz, 19325 Robson, Detroit Arthur W. Goodchild, 19501 Angling, Livonia Romano Zoratti, 12758 Purdue, Detroit Kenneth Sheldon, 9611 Wood ring, Livonia Paul May, 19905 Milburn, Livonia; and the Inspection Department is directed 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, Carey, Edgar and Daugherty. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Edgar, seconded by Councilmen Jones, it was #494-55 RESOLVED that, careful consideration having been given to the requests of Orr Brothers, 18940 Westmore Avenue, Livonia, for building permits for Lots No. W. 1/2 Lot 78, East 1/2 Lot 77 and West 1/4 of Lot 77, Liverance Estates Subdivision; Nathan Rubin, 9586 Appoline, Detroit 27, Michigan, for Lots 525 to 529, both inclusive, Bonaparte Gardens Sub- division; and Rose Hill Builders for Lots 378 and 379, Lots 376 and 408, Lots 523, 524, 525 and 526, Lot 373 and Lot 376, Rosedale Meadows Subdivision #2, such requests be and hereby are granted; provided, however, that the said applicants for the above 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 the owners 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 wLth the following result: AYES: Jones, Carey, Edgar and Daugherty. NAYS: Kleinert The President declared the resolution adopted. Page 2036 By Councilman Jones, seconded by Councilman Edgar and unanimously adopted, it was #495-55 RESOLVED that, the proposed misdemeanor ordinance submitted by the City Attorney, be referred to the Committee of the Whole. Councilman Kleinert introduced the following Ordinance. NO. AN ORDINANCE AMENDING ARTICLE 2.00, ARTICLE 4.00,SECTIONS 5.05 AND 5.06 OF ARTICLE 5.00, SECTION 8.02 OF ARTICLE 8.00, OF THE DOG OR- DINANCE, ORDINANCE NO. 76, ENTITLED, "AN OR- DINANCE REGULATING THE KEEPING OF DOGS, PlO- VIDING FOR THE ISSUANCE OF DOG AND KENNEL LICENSES, PROVIDING FOR A DOG POUND AND DOG WARDEN, PROVIDING FOR THE DETERMINATION AND PAYMENT OF CLAIMS AND PROVIDING A PENALTY FOR VIOLATION HEREOF". THE CITY OF LIVONIA ORDAINS: Section 1. That Article 2.00, Article 4.00, Sections 5.05 and 5.06 of Article 5.00, Section 8.02 of Article 8.00, of the Dog Ordinance, Ordinance No. 76, entitled, "An Ordinance Regulating the Keeping of Dogs, Providing for the Issuance of Dog and Kennel Licenses, Providing for Dog Pound and Dog Warden, Providing for the Determination and Payment of Claims and Providing a Penalty for Violatioh Hereof", are hereby amended to read as follows: ARTICLE 2.00 - DEFINITIONS Section 2.01 Meaning of Words and Phrases. The words and phrases defined in this article when used in this ordinance shall, for the purpose of this ordinance, have the meanings respectively ascribed to them, except in those cases where the context clearly indicates a different meaning. Section 2.02 Kennel. A kennel is an establishment wherein or whereon three or more dogs are confined and kept for sale, boarding, breed- ing or training purposes, for remuneration. Section 2.03 City. The word "city" as used herein shall mean the City of Livonia. Section 2.04 Court. The word "court" shall include the existing Justice Court of the City of Livonia and any Municipal Court or other court which may hereafter be created in accordance with the statutes of Michigan and the charter of the City of Livonia. Section 2.05 Department. The word "department" as used herein shall include the Police Department, the Chief of Police, and his duly authorized representatives. Page 2037 Section 2.06 General. Words used in the singular number in- elude the plural number. Words used in the plural number include the singular number. Section 2.07 Individual Dog License . The term "individual dog license" means the licenses of one or several dogs as required by this ordinance, but does not include the licensing of dogs under a kennel license as provided in this ordinance. Section 2.08 Owner. When applied to the proprietorship of a dog, the words "owner" and "owning" shall include and pertain to every person having a right of property in such dog, and every person who keeps or harbors such dog or has it in his care, and every person who permits such dog to remain on or about any premises occupied by him. Section 2.09 Person. The term "person" shall include every natural person, firm, corporation, association or co-parthership. Section 2.10 Police Officer. The term "police officer" shall mean any person employed or elected by the State of Michigan, the City of Livonia or the County of Wayne, whose duty it is to preserve peace or to make arrests or to enforce the law, and shall include a Dog Warden of the City. Section 2.11 Reasonable Control. A dog shall be deemed to be under "reasonable control" then said dog is with the owner or some mem- ber of the owner's family, or some other person with permission of the owner. A dog shall be deemed not to be under "reasonable control" when it commits damage to the person or property of anyone other than the owner, except in the defense of the owner, his family, or his property; or, in the case of a female dog while in heat, off the premises of the owner, unless confined in the process of being transported to or from such premises. Section 2.12 Running at Large. The wards "running at large" shall constitute the status of any dog off the premises of the owner thereof; provided however, that a dog under reasonable control shall not be considered to be running at large. ARTICLE 4.00 - KENNEL LICENSES Section 4.01 Licenses Required. No person shall maintain or operate a kennel without first obtaining a license in the manner pre- scribed by state law, particularly Act 339, P. A. of 1919, as amended. Section 4.02 Zoning Ordinance. No person shall maintain or operate a kennel in violation of any applicable provisions of the Zoning Ordinance, also known as Ordinance No. 60, of the City. The words "accessory uses", as used in said Zoning Ordinance, shall include kennels, together with all shelters, buildings, yards, pens and runways incidental thereto, all of which shall be subject to the same provisions of said Zoning Ordinance as are applicable to accessory uses in districts in which kennels are permitted. Provided, however, that this section shall not be deemed to prevent the continuation of a kennel which was in existence prior to the enactment of the Zoning Ordinance even though Page 2038 it now constitutes a non-conforming use, where the owner of such kennel com- plies, or has complied with the other applicable provisions of the Zoning Ordinance, in particular Sections 4.17 and 4.18 thereof. Section 4.03 Posting of License. Each kennel license shall be posted in a conspicuous place on the premises where the kennel is maintained. ARTICLE 5.00 - TAGS Section 5.05 is hereby rescinded. Section 5.06 is hereby rescinded. ARTICLE 8.00 - GENERAL PROVISIONS Section 8.02 Operation of Kennels. All cogs in a kennel shall be provided with sufficient housing to protect them from the elements, commensuratz with the breed of dog. No dog shall be so penned, caged, boxed, housed or kept that reasonable, adequate outside runs, pen or yards are not individually available to such cog for his exercise, health and well-being, commensurate with the breed of dog. There shall be a dwelling situated on the premises on which any kennel is located, in which dwelling there shall reside such person or persons as is or are responsible for the care, upkeep and control of dogs contained in such kennel. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3, Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remain- ing portion of this ordinance. The foregoing ordinance was placed on the t able for consideration at the next regular MB eting of the Council, Sept emb er 26, 1955. The City Clerk, Marie W. Clark, read a letter dated September 7, 1955 from Judge Leo 0. Nye and letter dated September 2, 1955 from W. R. McCary, City 'ngineer, relative to remodeling of Justice Court. By Councilman Carey, seconded by Councilman Kleinert, it was #496-55 RESOLVED that, pursuant to the reque st dated September 7, 1955 of Leo 0. Nye, Justice of the Peace, and the recommendation of W. R. McCary, City Engineer, dated September 2, 1955, the Council does hereby appropriate the sum of $565.00 from the Unallocated Fund to the Budget Account Court 24, to cover the cost of remodeling in said Justice Court Building. Page 2039 A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Kleinert, Carey, Edgar and Daugherty. NAYS: None. The City Clerk, Marie W. Clark, read a letter dated August 26, 1955 from City of Hope Cancer Fighters Association. By Councilman Jones, seconded by Councilman Carey and unanimously adopted, it was #497-55 RESOLVED that, the request from the City of Hope Cancer Fighters Association be tabled for further information. The City Clerk read a letter dated September 1, 19 55 from the Mayor relative to the Bicentennial Celebration of the birth of John Marshall. By Councilman Edgar, seconded by Councilman Carey and unanimously adopted, it was #498-55 RESOLVED that, City Attorney Haller be appointed chairman of a committee to plan observance of the birthday of John Marshall; and the Council pledges its support to make this an outstanding success. The City Clerk, Marie W. Clark, read the report of the Justice Court and Violations Bureau for the month of August, 1955, ii ch was received and placed on file. The City Clerk read a letter dated September 13, 1955 from the City Plan- ning Commission recite sting appropriation. By Councilman Edgar, seconded by Councilman Kleinert, it was #499-55 RESOLVED that, the request of the City Planning Commission for the following funds: Postage $155.00 Office Supplies 235.00 Publishing 220.00 is approved, and the sum of $610.00 is hereby appropriated from the Unallocated Fund for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Kleinert, Carey, Edgar and Daugherty. NAYS: None. Page 2040 The City Clerk, Marie W. Clark, read a copy of a letter dated September 15, 1955 from the Inspection Department to the Mayor, requesting additional funds. By Councilman Edgar, seconded by Councilman Jones, it was #500-55 RESOLVED that, the request of the Inspection Department dated September 15, 1955, for additional funds for Inspectors' Car Allowances and Refrigeration Inspection Fees is approved, and the sum of $1400.00 is hereby appropriated from the Unallocated Fund for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Kleinert, Carey, Edgar and Daugherty. NAYS: None. The City Clerk read a letter dated September 15, 1955 from the Mayor as to the Court Case of Gustave Zobel vs. City of Livonia. By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #501-55 RESOLVED that, the City Attorney is hereby instructed to file an answer in the Court case of Gustave Zobel vs. City of Livonia, as recommended in the letter from the Mayor dated September 15, 1955. The City Clerk, Marie W. Clark, read a latter dated September 14, 1955 from the Mayor relative to the Light Weight Aggregate Company. It appearing that the members of the Council present did not wish to take any action on this matter, the President ruled that the letter be received and placed on file. On motion of Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, this adjourned 150th regular meeting of the City Council was duly adjourned at 11:55 P. M., September 19, 1955. - Attested: -rie ' J Clark, City Clerk � ` . -- - _ Daugherty, President • the Cou ' 1 Ru••lf Kleinert, Vice President of the Council