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HomeMy WebLinkAboutCOUNCIL MINUTES 1955-10-10 Page 2055 MINUTES OF THE ONE HUNDRED FIFTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 10, 1955, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:03 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, **David L. Jones, Harry R. Killam, Rudolf R. Kleinert, Nettie Carey, John W. Whitehead and *Wilson W. Edgar. Absent-- None. The City Clerk, Marie W. Clark, read the minutes of the 151st regular meeting. By Councilman Killam, seconded by Councilman Jones and unanimously adopted, it was #523-55 RESOLVED that, the minutes of the 151st regular meeting of the City Council held September 26, 1955, are approved as read. The City Clerk read a letter dated October 10, 1955 from the Mayor re- garding lifting the ban on building permits in Livonia, which was received and placed on file. Councilman Edgar asked for a report from the Mayor on resolution #349-55, adopted July 11, 1955. By Councilman Edgar, seconded by Councilman Ihitehead and unanimously adopted, it was #524-55 RE,OLUD that, resolution #349-55 having been unanimously adopted July 11, 1955; it further appearing that numerous requests have been made of the Mayor to comply with the aforementioned resolution and that the Mayor has failed to present to the Council such affidavits and other papers as reouested in said resolution; the City Council does hereby determine that necessary steps shall be taken to subpoena any and all papers which are now or have neretofore been in the possession of the Mayor or the former City Attorney, Russell C. Ashmore, pursuant to resolution ? 1.018, which was adopted by the Council on April 14, 1954. By Councilman Kleinert, seconded by Councilman Edgar and unanimously adopted, it was Page 2056 #525-55 RLCCLJED that, the Council consider the vacancies on the Zoning Board of Appeals to fill the terms of Walter Abraham and Dexter VanWicklin, which have expired. The following nominations were made: By Councilman Kleinert Walter Abraham Supported by Councilman Edgar By Councilman Jones Dexter VanWicklin Supported by Councilman Killam By Councilman Edgar Donald Deremo Supported by Councilman Carey President Daugherty relinouished the chair to Vice President Kleinert at 8:27 P. M. By Councilman Daugherty John Liptak Supported by Councilman Jones By Councilman Whitehead, seconded by Councilman Jones and unanimously adopted, it was #526-55 RESOLVED that, nominations to fill the expired terms on the Zoning Board of Appeals be closed. President Daugherty resumed the chair at 8:30 P. M. The hour of 8:30 P. M., having arrived, the City Clerk opened and read the following bids for sewer rodding machine for the Departnent of Public Works. 1. Delta Tool and Supply Company Memphis, Tenn. $4,469.30 Terms net 30 days, delivery b to 8 weeks. 2. Trojan Tool Equipment Company Chicago, Ill. $4,269.30 Freight not to exceed 135.00 Delivery in Livonia, Mich igan Perms IJet 30 days Total $4,404.30 By Councilman Killam, seconded by Councilman Jones and unanimously adopted, it was #527-55 RESOLVED that, the foregoing bids fbr sewer rodding machine for the Department of Public Works be referred to the Superintendent of Public Works for report and recommend atio n. By Councilman Kleinert, seconded by Councilman Whitehead, it was #528-55 RESOLVED that, pursuant to Section 19.01 of Zoning Ordinance of the City of Livonia, Ordinance No. 60, and Section 6, Act 207, Public Acts of T"iichi gan, 1941, as amended, Walter Abraham, 28140 Terrence, is hereby reappointed as a member of the Zoning Board of Appeals for a term of three years, commencing July 10, 1955, with all of the authorities and duties set forth in said Zoning Ordinance and Act 207. Page 2057 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 Edgar, seconded by Councilman Carey, it was #529-55 RESOLVED that, pursuant to Section 19.01 of the Zoning Ordinance of the City of Livonia, Ordinance No. 60, and Section 6, Act 207, Public Acts of Michigan, 1941, as amended, Donald Deremo, 15137 Auburndale, is hereby appointed as a member of the Zoning Board of Appeals for a term of three years, commencing July 10, 1955, with all of the authorities and duties set forth in said Zoning Ordinance and Act 207. 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 City Engineer, W. R. McCary, gave an oral report as to the installation of sidewalks on Five Mile Road between Farmington and Merriman Roads. By Councilman Kleinert, seconded by Councilman Carey and unanimously adopted, it was #530-55 RESOLVED that, the matter of sidewalks on Five Mile Road be tabled until the complete report, as stipulated in resolution #508-55, adopted September 26, 1955, has been filed in the office of the City Clerk. The City Engineer gave an oral report on a new Police-Fire Building. President Daugherty appointed Councilman Jones as chairman of the Building Committee to consider these plans. Councilman Edgar was excused at 8:58 P. M., and returned at 9:14 P. M. By Councilman Killam, seconded by Councilman Kleinert and unanimously adopted, it was #531-55 RESOLVED that, having considered the recommtidation of George D. Haller, City Attorney, dated October 5, 1955, the Council does hereby determine that Section 16.5 of Ordinance No. 12 applies only to dances operated on a commercial basis as a business by the proprietor thereof. Page 2058 By Councilman Edgar, seconded by Councilman Whitehead, it was #532-55 RESOLVED that, upon recommendation of William Sharpe, Super- intendent of Public Works, the bid of Trojan Tool Equipment Company, Chicago, Illinois, in the amount of $4,404.30, for sewer rodding machine, which was the low bid, be and hereby is accepted. 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. 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 this meeting, except Councilman -gEdgar, who was excused because of illness. The City Clerk, Marie W. Clark, read a letter dated October 4, 1955 from Henry and Doris Turczyn, as to Petition No. L-122. Robert Childs, attorney, appeared in behalf of the petitioners. By Councilman Kleinert, seconded by Councilman Jones, it was RESOLVED that, Petition No. L-122 of Henry and Doris Turczyn for rezoning be approved. President Daugherty relinquished the chair to Vice President Kleinert at 10:00 P. N. By Councilman Daugherty, seconded by Councilman Jones, it was #533-55 RESOLVED that, Petition No. Z,-122 of Henry and Doris Turczyn be tabled to the meeting of October 24, 1955 and that the City Clerk is requested to advise the nearby residents on Haller Street of this matter. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Whitehead, Carey and Daugherty. NAYS: Kleinert. The Vice President declared the resolution adopted. President Daugherty resumed the chair at 10:05 P. M. The City Clerk, Marie W. Clark, read a letter dated October 6, 1955 from the Mayor and letter from Michigan State Highway Department dated September 19, 1955 relative to a traffic light at Plymouth and Levan Roads. By Councilman Kleinert, seconded by Councilman Killam, it was Page 2059 #534-55 RESOLVED that, the recommendation in a letter dated September 19, 1955, from the State Highway Department addressed to the Chief of Police of the City of Livonia, regarding signal light at Plymouth and Levan Road be accepted, and that the sum of $600.00 to pay the City's share of the cost of such sighal light 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, Killam, Kleinert, Whitehead, Carey and Daugherty. NAYS: None. By Councilman Whitehead, seconded by Councilman Jones and unanimously adopted, it was #535-55 RESOLVED that, the Council suspend the regular order of business to take care of certain items on the agenda wherein interested persons are waiting to be heard on those items. By Councilman Carey, seconded by Councilman Whitehead and unaninously adopted, it was #536-55 RESOLVED that, the recommendation of the City Planning Commission as to Parking Requirements for Bowling Alleys be tabled until the next regular meeting, October 24, 1955. The City Clerk, Marie W. Clark, read a letter dated September 29, 1955 from the Civil Service Commission. By Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, it was #537-55 RESOLVED that, the letter dated September 29, 1955 from the Civil Service Commission relative to salaried employees be tabled to a meeting with the Civil Service Commission. Councilman Kleinert was excused at 11:20 P.M., and returned at 11:28 P.M. By Councilman Carey, seconded by Councilman Jones, it was #538-55 RESOLVED that, WHEREAS, pursuant to notice from tie State Mediation Board, a committee of officials of the City of Livonia, including Mayor Elbert M. Hartom, Council President John T. Daugherty, City Attorney- George D. Haller, and the Chairman of the Civil Service Commission Edward E. Wild, was called into a mediation conference, as provided by state law, at the offices of the Board in the City of Detroit on July 7, 1955 with representatives from the Government and Civic Employees Organizing Com- mittee, Local 118, C. I. 0., for the purpose of exploring the possibility of promoting the relationships between the City and its employees; and Page 2060 WHEREAS, it was determined at such mediation conference, that under State Law the municipal employees are entitled to organize into unions, and to choose representatives to speak for them with the officials of the City, and to discuss matters relating to such employment; and WHEREAS, the Civil Service Commission and the employee repre- sentatives nave worked out an agreement upon matters relative to employ- ment, and the terms of said agreement have been incorporated into and set forth in a schedule of Rules and Regulations of the Civil Service Com- mission, IT IS HEREBY RESOLVED, that the Council of the City of Livonia, acting under and by virtue of the Charter,Chapter V, Section 16 (e), does hereby approve the actions of the Civil ,service Commission, so far as these are exemplified in the said Rules and Regulations with respect to the areas and matters as to which, by said Charter provision, the approval of the Council is required, provided, however, that the Council does not at this time accept Sections 1, 2, 3 and 4 of Rule 10, entitled Sick Leave . A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Kleinert, Whitehead, Carey and Daugherty. NAYS: None. The City Clerk, Marie W. Clark, read a letter dat ;d October 5, 1955 from the Mayor and letter dated September 19, 1955 from the State Highway Department re- garding channelization of Plymouth and Ann Arbor Roads (U. S. 12). By Councilman Kleinert, seconded by Councilman Carey, it was #539-55 RESOLVED that, the recommendation in a letter dated September 19, 1955, from the State Highway Department addressed to the Chief of Police of the City of Livonia, regarding the redesign of the intersection of U. S. 12 (Ann Arbor Road) at Plymouth Road, be accepted and the sum of $2,500.00 to cover the City's share of such improvements is hereby approved; and that said $2,500.00 is a part of the 1955-56 budget of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Kleinert, Whitehead, Carey and Daugherty. NAYS: None. By Councilman Carey, seconded by Councilman Kleinert and unanimously adopted, it was #540-55 RESOLVED that, the recommendation of the City Planning Commission as to the dedication of Thorpe Drive be tabled until the meeting of Page 2061 October 24, 1955, q.nd the City Clerk is hereby requested to notify interested persons of this meeting. * Councilman Jones was excused at 11:49 P. M., from the balance of the meeting. The City Clerk, Marie W. Clark, read a letter from American Standard Industries, Inc., regarding sewer assessment refunds. By Councilman Kleinert, seconded by Councilman Killam, it was #541-55 RESOLVED that, pursuant to Ordinance No. 100, the Council does hereby refund the following moneys to American Stam and Indust ries, Inc.: Address Receipt Date Amount 9931 Melrose 3536 May 5, 1955 $200.00 9327 11 tt tt It 9339 't It tt tt 9349 It II II It 9361 It It It It 9373 II It It It 9119 It It It It 9131 II It It It L 9143 II It tt It 9155 It n It It 9301 It It It It 31634 Delaware 3572 May 16, 1955 it 31622 It 1t It It 31610 tt II It It 31646 tt If It It 9381 Iowa It It ft Total $3,200.00 and the City Clerk and City Treasurer are hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result : AYES: Killam, Kleinert, Whitehead, Carey and Daugherty. NAYS: None. The City Clerk, Marie W. Clark, read a letter from Green Brothers, Builders, regarding improvements in Smiley-Ringwald Subdivision. By Councilman Kleinert, seconded by Councilman Whitehead and unanimously adopted, it was #542-55 RESOLVED that, the letter dated October 3, 1955 from Green Page 2062 Brothers, Builders, regarding the sharing of costs for improvements in Smiley-Ringwald Subdivision with adjoining builder be and is hereby referred to the City Attorney. The City Clerk, Marie W. Clark, read a letter from U-Haul Trailer Rental Company, which was received and placed on file. The City Clerk read the report of the Justice Court and Violations Bureau for the month of September, 1955, which was received and placed on file. Councilman Kleinert introduced the following Ordinance. NO. AN ORDINANCE AMENDING SECTIONS 15, 31, 32 AND 34 OF THE ZONING MAP OF THE CITY OF LIVONIA, AND LENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 0O, OF THE CITY OF LIVONIA,BY ADDING THERETO SECTIONS 3.74, 3.75, 3.76 AND 3.77. THE CITY OF LIVONIA ORDAINS: Section 1. The report and recomit:endations of the City Planning Commission dated September 15, 1955 on Petitions No. Z-113, No. Z-125, No. Z-127 and No. Z-126, having been considered by the Council, the Council hereby adopts said petitions to amend the Zoning Ordinance and the Zoning M..p of the City of Livonia and all pro- ceedings heretofore conducted on said petitions, are hereby approved. Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60 of the City of Livonia, is hereby amended by adding thereto the following sections: section 3.74. Petition No. Z-113 of Guy A. Spencer, President, The Bank of Livonia, is hereby granted; the zoning classification of the premises described in said petition is hereby changed from R-i-B to P-1 as requested in said petition; and the Southwest 1/4 of Section 15 of said Zonin Map is he reb,T amended to conform to the change made in this section. Section 3.75. Petition No. Z-125 of Jesse M. Cook, Cook Develop- ment Company, is hereby granted; the zoning classification of the premises described in said petition is hereby chanced from R-U-F-B to R-1-B as re- ouested in said petition, and the Southwest 1/4 of Section 32 of said Zon- ing I,Lap is hereby amended to conform to the change made in this section. Section 3.76. Petition No. Z-127 of Dr. Peter F. Coleman, is hereby granted, the zoning classification of the oremises described in said petition is hereby changed from R-1 to R-2 as requested in said petition; and the Southeast 1/4 of Section 34 of said Zoning Map is here- by amended to conform to the change made in this section. Section 3.77. Petition No. Z-126 of Casimir C. Gawron is hereby Page 2063 granted; the zoning classification of the premises described in said petition is hereby changed from R-1-B to C-1 as requested in said petition, and the Northeast 1/4 of Section 31 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Affendment No. 19 of the Zoning Map of the City of Livonia" showing all of the amendments and changes made in the f ore- going Section 2 of this Ordinance is hereby approved, established and made a part hereof. Section 4. 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 5. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. The foregoing ordinance was placed on the table for consideration at the next regular meeting of the Council, October 24, 1955. On motion of Councilman Kleinert, seconded by Councilman Whitehead and unanimously adopted, this 152nd regular meeting of the City Council was duly adjourned at 12:12 A. M., October 11, 1955. --- Y-ri- . Clark, City Clerk Attested: Jan T:\Daugherty, President of he Counci \ Ru olf R leinert, Vice President of the Council