HomeMy WebLinkAboutCOUNCIL MINUTES 1955-10-24 Page 2078
MINUTES OF THE ONE HUNDRED FIFTY—THIRD REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On October 24, 1955, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:11 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, John W. Whitehead, Nettie Carey
and Wilson W. Edgar. Absent-- None.
The City Clerk, Marie W. Clark,read the minutes of the 152nd regular
meeting.
By Councilman Kleinert, seconded by Councilman Jones and unanimously
adopted, it was
#543-55 RESOLVED that, the minutes of the 152nd regular meeting of the
City Council held October 10, 1955, are approved as read.
The City Clerk read the minutes of the 32nd Special Meeting.
By Councilman Whitehead, seconded by Councilman Kleinert and unanimously
adopted, it was
#544-55 RESOLVED that, the minutes of the 32nd Special Meeting of the
City Council held October 20, 1955, are approved as read.
By Councilman Kleinert, seconded by Councilman Jones, it was
#545-55 RESOLVED that
WHEREAS, pursuant to due and proper notice published and mailed
to all property owners in Special Assessment District No. 5, as required
by the provisions of the City Charter and Ordinance No. 31, as amended, of
the City of Livonia, the City Council has duly met and reviewed the Special
Assessments levied in the Special Assessment Roll prepared by the City
Assessor to cover the district in which street lighting is to be installed,
in said Special Assessment District No. 5;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
determine that the assessments set forth in said Special Assessment District
No. 5 Roll are fair and equitable and based upon benefits derived in said
district, in accordance with the plans of the City Engineer and resolution
of the City Council; said Special Assessment Roll No. 5 is hereby approved
and confirmed in all respects; pursuant to the provisions of Section 14 of
Ordinance No. 31, as amended, the City Clerk shall endorse the date of
Page 2079
confirmation on the Assessment Roll, and the said Assessment Roll shall
then be immediately transmitted to the City Treasurer, who shall take such
further action as set forth in Ordinance No. 31, as amended; and the City
Clerk is hereby authorized to transmit the proper street lighting order to
the Detroit Edison Company on forms provided by them for this purpose.
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 Jones as Chairman of the Building Committee, gave a brief oral
report on the organization meeting of the Committee.
The hour of 8:30 P. M., having arrived, the City Clerk opened and read the
following bids for a 1956 Ford Mainline Tudor for the Police Department.
1. Paul J. Wiedman, Inc. $1,797.32
1956 Mainline 6 cyl. Tudor Sedan
Trade In ___271,222
Total $1,222.32
2. Ralph Ellsworth, Inc. $1,528.61
1956 Mainline 6 cyl Tudor Sedan
Trade In 500.00
Total $1,028.61
3. Bill Brown Sales, Inc. 81,686.83
1956 Mainline 6 cyl Tudor Sedan
Trade In
Total $1,136.83
By Councilman Kleinert, seconded by Councilman Edgar, it was
#546-55 WHEREAS, the Department of Public Safety has not fairly shown
a need for a new police car,
BE IT HEREBY RESOLVED that all bids are rejected.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Whitehead, Edgar and Daugherty.
NAYS: Jones, Killam and Carey.
The President declared the resolution adopted.
By Councilman Whitehead, seconded by Councilman Carey, it was
#547-55 RESOLVED that
Page 2080
WHEREAS, Mayor Albert E. Cobo, Mayor of the City of Detroit,
has paid a high honor to the City of Livonia by appointing W. W. Edgar,
one of our Council members, to the important "Detroit-Tomorrow" Committee,
and
WHEREAS, this Committee has been assigned the task of planning
the face-lifting of the Downtown Detroit area, the River-front Civic Center,
and the general improvement for the entire metropolitan area, and
WHEREAS, the City of Livonia is the only suburban community so
honored and this, in itself, is a high tribute, and
WHEREAS, through this appointment Livonia 's plans for development
can better be fitted into the entire metropolitan program,
NOW, THEREFORE, BE IT RESOLVED that this Couhcil extend its
official thanks to Mayor Albert E. Cobo for the honor he bestowed upon the
City in general and Councilman Edgar in particular, and
BE IT FURTHER RESOLVED, that this resolution be spread upon the
official minutes of this meting and that a copy be forwarded to Mayor Cobo.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Killam, Kleinert, Whitehead, Carey and Daugherty.
NAYS: Jones.
Councilman Edgar abstained from voting due to the fact that the foregoing resolution
dealt with a personal honor bestowed upon himself.
The President declared the resolution adopted.
The City Clerk, Marie W. Clark, read a letter dated October 21, 1955 from
the City Attorney regarding the tax levy.
By Councilman Kleinert, seconded by Councilman Whitehead, it was
#548-55 RESOLVED that,pursuant to Section 5, Chapter VII and Section 1,
Chapter VIII of the Charter of the City of Livonia, the Council does hereby
set a tax levy of five (5) mills, i. e., five-tenths (5/10) of one per
centum of the State equalized assessed valuation of all real and personal
property subject to taxation in the City of Livonia for the next fiscal
year commencing December 1, 1955 and ending November 30, 1956; and the
City Clerk is hereby authorized to send a certified copy of this resolution
to the Wayne County Bureau of Taxation.
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 2081
By Councilman Kleinert, seconded by Councilman Carey, it was
#549-55 RESOLVED that, upon receipt of bids from International Business
Machines Corporation dated October 3, 1955, Underwood Corporation dated
October 13, 1955 and Mayer-Schairer Co., dated October 3, 1955, the Council
does hereby approve Voucher No. 9165 for the purchase of an Underwood Type-
writer for the Engineering Department; 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: Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: Jones and Killam.
The President declared the resolution adopted.
Statement by Councilman Jones: I will submit my written resignation as
Chai nn an of the Fin ince Committee for the City of Livonia and I wish this remark
to be incorporated in the minutes of this meting.
By Councilman Kleinert, seconded by Councilman Edgar, it was
#550-55 RESOLVED that, in accordance with requests from Walter J.
Seelinger, 9819 Mayfield and Harry S. Wolfe, 32398 Five Mile Road,
they be included as participating agents in the insurance program
of the City of Livonia, effective immediately.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Killam, Kleinert, Whit ehead, Carey, Edgar and Daugherty.
NAYS: Jones.
The President declared the resolution adopted.
Councilman Kleinert was excused at 9:06 P. M.
The City Clerk, Marie W. Clark, read a letter dated October 1, 1955 from
Cohen and Cohen, attorneys, regarding Circuit Court Case of Edward F. Steiner vs.
City of Livonia, which was received and placed on file.
Councilman Kleinert returned at 9:13 P. M.
The City Clerk read a petition from residents on Haller Street dated May
28, 1955 and letter dated October 21, 1955 from William Logie, 11888 Haller Street,
regarding Petition No. Z-122 for rezoning. Mr. Robert Childs, attorney, appeared
in behalf of the petitioners.
Page 2082
By Councilman Jones, seconded by Councilman Carey, it was
#551-55 RESOLVED that, the report and recommendation of the City Planning
Commission dated September 15, 1955 as to Petition No. Z-122 of Doris and
Henry Turczyn for change of zoning classification in the Southwest 1/4 of
Section 25 from C-2 to M-1 has been considered and such petition is hereby
denied.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Whitehead, Carey, Edgar and Daugherty.
NAYS: Kleinert.
The President declared the resolution adopted.
A recess was called at 9:39 P. M., after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting.
By Councilman Kleinert, seconded by Councilman Whitehead and unanimously
adopted, it was
#552-55 RESOLVED that, the Council recess at this time and reconvene
as a Committee of the Whole in order to hear persons pre sent regarding
the Sewer Ordinance.
The meeting resumed at 11:56 P. M., with all members present who were
named as present in the original roll call of this meeting.
By Councilman Whitehead, seconded by Councilman Carey, it was
RESOLVED that, on considering the communication dated October
24, 1955 from Rosedale Civic Association and Livonia Citizens Committee,
and it appearing that there is serious opposition to the sewer plan now
before the Council, and that such plan is not fully understood, the City
Attorney is ihstructed to forthwith prepare an ordinance repealing and
rescinding ordinances numbered 98, 100 and 102; and that the suggestions
contained in such communication be carefully studied by the Council for
at least two weeks.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Whitehead and Carey.
NAYS: Jones, Killam, Kleinert, Edgar and Daugherty.
LisThe President declared the resolution denied.
An Ordinance entitled "An Ordinance Combining All Sewage Disposal Facilities
Page 2083
of the City of Livonia into a Single Sewage Disposal System; Providing for the Main-
tenance and Operation of said System on a Public Utility Basis; Providing for the Fix-
ing and Collection of Rates and Charges to Users and Beneficiaries of said System and
Certain Storm Sewers Constructed; Providing for the Allocation and Use of the Revenues
Derived from the Collection of such Rates and Charges; Prohibiting Unauthorized Con-
nections, Providing Penalties for the Violation Thereof, and Repealing Certain Prior
Ordinances", introduced by Councilman Kleinert at the 32nd Special Meeting held October
20, 1955, was taken from the table and a roll call vote conducted thereon with the
following result:
AYES: Jones, Killam, Kleinert, and Daugherty.
NAYS: Whitehead, Carey and Edgar.
Councilman Edgar made the following Statement: I am not in accord with
anyone who would attempt to stop progress in Livonia, but on this sewer problem, I
have gone on record several months ago as opposed to the sewer agreement because it
contained a clause in which we pledge an ad valorem tax. Several weeks after that,
we discussed a supplemental sewer agreement and I voted no because of the ad valorem
tax. I would like to call attention to the fact that the tax limitation in the City
of Livonia, according to the Charter, is five (5) mills. We are at that limit now,
and I am not a person who would like to shove through an extra tax over and above what
the Charter calls for. Therefore, I have to be opposed to this Ordinance because it
contains this ad valorem tax. I am opposed to adding any tax over and above what
the Charter calls for. So long as our tax limit is five (5) mills, I cannot pledge
myself to vote for anything that adds to the tax without a vote of the people.
The President declared the foregoing Ordinance duly adopted and will become
effective on date of publication.
By Councilman Kleinert, seconded by Councilman Jones, it was
#553-55 RESOLVED that
Page 2084
WHEREAS, it is contended that with current and immediately pro-
posed sewerage disposal rate charges some groups of citizens are bearing
somewhat inequitable charges, and
WHEREAS, it may be possible that a more equitable rate charge
can be provided if a portion of the sewer construction costs are absorbed
by a general assessment over the City at large, ani
WHEREAS, the determination as to whether or not such a levy should
be made is prorerly a question for the electors of the City,
NOW, THEREFORE,, BE, IT RESOLVED that the City Attorney is directed
to orepare all resolutions and/or Criarter amendments and/or other documents
as may be required to authorize a levy of one (1) mill for this purpose
over and above present Charter limitations and that such material be pre-
sented for Council consideration in sufficient time so that it may be pro-
perly presented to the electors of the City at the earliest practical date.
A roll call vote was taken on the foregoing resolution with the following result:
AYLS: Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
A recess was called at 12:15 A.M., after which the meeting resumed with
all members pre sent who were named as pre sent in the orig inal roll call of this
meeting.
By Council man Kleinert, seconded by Councilman White he ad and unanimously
adopted, it was
#554-55 RESOLVED that, the Council does hereby approve the request of
Supervisor Richard Manning of Redford Township, to use the parking lot at
the General Motors Fisher Body Plant on Plymouth Road for a turn-around
for D.S.R. buses.
An Ordinance entitled "An Ordinance Amending Sections 15, 31, 32 and 34
of the Zoning Map of the City of Livonia, and Amending Article 3.00 of the Zoning
Ordinance, Ordinance No. 60, of the City of Livonia by Adding Thereto Sections 3.74,
3.75, 3.76 aryl 3.77", introduced by Councilman Kleinert October 10, 1955, was taken
from the table and a roll call vote conducted thereon with the following result:
AYES: Jones, Killam, Kleinert, 'Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
The President declared the ordinance duly adopted and will become effective
on date of publication, November 17, 1955.
Page 2085
The City Clerk, Marie W.Clark, read a petition dated September 14, 1955
from residents adjacent to the Farmington Riding Stables on Eight Mile Road.
By Councilman Jones, seconded by Councilman Carey and unanimously
adopted, it was
#555-55 RESOLVED that, the petition of Virginia Rector, et al, 20421
Osmus, Livonia, Michigan, dated September 14, 1955, regarding riding
stable on Eight Mile Road, be referred to the City Attorney and the Police
Department for prompt report and recommendation
By Councilman Carey, seconded by Councilman Whitehead, it was
#556-55 RESOLVED that, the report of the Finance Committee for the
month of August, 1955, is approved and a summary spread upon the minutes
as follows:
General, Administrative and Legislative:
Executive 72.75
Legislative 1,155.32
City Treasurer 307.36
City Clerk 560.32
Election Commission 32.00
Department of Law
Justice Court 127.59
Civil Service Commission 37.20
78.00
Civil Defense 60.94
Department of Assessment .90
City Bail 689.03
Court Building 41.78
City Planning Commission 259.03 $ 3,422.22
Departnent of Public Safety:
Police Department 1,749.83
Fire Department 2,339.24
Inspection Department 539.67 4,628.74
Department of Public Works:
Public Works Division 11,174.30
Engineering Division 432.96 11 607 26
, •
Departnent of Parks and Recreation:
Parks Division 844.50
Recreation Division 842.55
Forestry Division 880.09 2,567.14
Acquisition of Land 8,929.60
Insurance 3,852.85
Retirement Program
Middle Rouge Bond Interest and Fee 7,389.68
Wayne County Library 3,526.96
7,429.36
$ 53,353.81
Page 2086
General Ledger Accounts:
Inventory Accounts
1,173.70
Gas Tax Refund Receivable
480.00
Reserve for Encumbrances 49.20
Permit refund 5.00 1,707.90
Total $ 55,061.71
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.
By Councilman Edgar, seconded by Councilman Killam and unanimously
adopted, it was
#557-55 RESOLVED that, the petition of Parkview Acres Association
dated October 14, 1955 for vacating Harrison Avenue between Six Mile
and Seven Mile Roads be referred to the City Planning Commission for
action according to law and Ordinance No. 29, as amended.
On motion of Councilman Jones, seconded by Councilman Killam and unanimously
adopted, this 153rd regular meeting of the City Council was adjourned to Monday,
October 31, 1955 at 8:30 P. M., the time of this adjournment being 1:00 A. M., October
25, 1955.
-22
z>74s,
e W. lark, City Clerk
Attested:
Jo10-11. Daugherty, President of e Counc•
k• -j111"."14662P.4,_-c
Rudolf 4i. Kleinert, Vice President of the Council