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HomeMy WebLinkAboutCOUNCIL MINUTES 1955-03-14 Page 1791 MINUTES OF THE ONE HUNDRED THIRTY-EIGHTH REGULAR MEETING IwoOF THE COUNCIL OF THE CITY OF LIVONIA On March 14, 1955, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:12 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 and Wilson W. Edgar. Absent-- Nettie Carey. The Deputy City Clerk read the minutes of the 137th regular meeting held February 28, 1955. The hour of 8:30 P. M., having arrived, the Deputy City Clerk opened and read the following bids for salvage rights for the City Dump. 1. A. C. Rubbish Disposal Company, Detroit, Michigan Spring, Summer and Fall months@ X40.00 per month Winter months @ 28.00 per month oom Six months contract, with option for renewal. 2. Joseph Szalay, Melvindale, Michigan Rental of dump 08.50 per month Annual contract By Councilman Whitehead, seconded by Councilman Jones and unanimously adopted, it was #129-55 RESOLVED, that the foregoing bids for salvage rights for the City Dump be referred to the Department of Public Works for report and recommendation. The Deputy City Clerk continued the reading of the minutes of the adjourned 137th regular meeting held March 7, 1955. By Councilman Wh tehead, seconded by Councilman Kleinert and unanim usly adopted, it was #130-55 RESOLVED, that the minutes of the 137th regular meeting of the imo City Council held February 28, 1955 and the adjourned 137th regular meet- ing held March 7, 1955 are approved as read. The City Clerk, Marie W. Clark, gave a report, pursuant to resolution Page 1792 No. 127-55 of March 7, 1955, regarding purchase of property on Stark Road, and read letter addressed to Mr. Roy Seim, dated March 11, 1955. By Councilman Kleinert, seconded by Councilman Jones, it was #131-55 RESOLVED that, having oc nsidered the action of the Mayor and the City Clerk in their letter of March 11, 1955, the Council does hereby approve the purchase of the following described parcel of land: Lot No. 12, except the Southerly 20 feet thereof of Newman Schoolcraft Farms Subdivision of a part of the Northeast 1/4 of Section 28, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, according to the plat thereof as recorded in Liber 69, Page 90 of Plats, Wayne County Records; and that the amount of 3,015.69 which includes taxes, be and hereby is transferred from the Unallocated Fund to the Acquisition of Land Account, and that the City Clerk and the City Treasurer are hereby authorized and directed to do all things necessary to the full per- formance of this resolution; provided, however, that said purchase will not be consummated until all legal documents necessary thereto have been approved by the City Attorney. A roll call vote was taken on the foregoing resolution with the following result : AYES: Jones, Killam, Kleinert, Whitehead, Edgar and Daugherty. NAYS: None. The City Clerk read a letter from the Michigan Liquor Control Commission dated March 11, 19 55re transfer of license of Joseph Richards. By Councilman Kleinert, seconded by Councilman Whitehead and unanimously adopted, it was #132-55 RESOLVED, that Councilman Wilson W. Edgar is hereby authorized to confer with the Liquor Control Commission in order to review the entire file of Joseph Richards as referred to in the letter of March 11, 1955 from the Michigan Liquor Control Commission. The City Clerk read a letter dated March 12, 1955 from W. R. McCary regarding the Blue Drain, which was received and placed on file. President Daugherty relinquished the chair to Vice President Kleinert at 9:00 P. M. Councilman Daugherty gave a report of the Committee appointed to s elect an attorney to represent the Council. Page 1793 The City Clerk read a letter dated March 14, 1955 from Cohen and lim Cohen, Attorneys. By Councilman Daugherty, seconded by Councilman Edgar, it was #133-55 RESOLVED, that William Cohen, attorney at law, is hereby authorized to represent the City of Livonia in Circuit Court cases No. 280-342 and No. 529-708, entitled Edward Steiner vs. the City of Livonia, et al. A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Kleinert, Whitehead, Edgar and Daugherty. NAYS: Jones. The Vice President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Whitehead, it was #134-55 RESOLVED, that the City Clerk issue a voucher for $1,000.00 from the Special Legal Budget Account for payment of retainer fee to Mr. William Cohen to represent the City of Livonia in Circuit Court cases No. 280-342 and No. 529-708. iimA roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Kleinert, Whitehead, Edgar and Daugherty. NAYS: Jones. The Vice President declared the resolution adopted. Councilman Edgar gave a verbal report on the drain condition in Livonia Gardens Subdivision. By Councilman Edgar, seconded by Councilman Daugherty and unanimously adopted, it was #135-55 RESOLVED that WHEREAS, this Council has declared that the health and sanitary condition in Livonia Gardens be considered an emergency, and WHEREAS, immediate relief is necessary to avoid what could be a serious health problem that would heap all sorts of unfavorable publicity on the City, and WHEREAS, it has been deemed impractical to deepen the ditches running south to the Blue Drain or north to the Bell Creek Drain, and WHEREAS, it has been suggested by both authoritative engineers and the Mayne County Department of Health that pumping the ditches in order to lower the water table in Livonia Gardens would provide a solution, and WHEREAS, the Department of Civil Defense has four pumps Page 1794 suitable for this purpose and that additional pumps could be rented, if necessary, at the nominal cost of approximately $6.00 per day, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the Super- intendent of Public Works be instructed to proceed with this emergency work immediately in order that the best interests of the health and welfare of the City will be served. The City Attorney read a letter to the Council dated March 14, 1955, regarding Brookdale Cemetery, as requested in Council resolution No. 93-55, which was received and placed on file. A recess was called at 9:20 P. M., after which the meeting resumed with all members present who were named as present in the original roll call of this meeting, with Vice President Kleinert presiding. By Councilman Daugherty, seconded by Councilman Whitehead and unanimously adopted, it was #136-55 RESOLVED, that the Council suspend the regular order of business to take up certain items on the agenda wherein interested persons are lim waiting to be heard on those items. The City Clerk read a letter from the City Planning Commission dated February 28, 1955 regarding Petition No. Z-86 (Z-15-B) of Lawrence Morrison. By Councilman Edgar, seconded by Councilman Daugherty, it was #137-55 RESOLVED, that the report and recommendation of the City Planning Commission dated February 28, 1955 as to Petition No. Z-86 (Z-15-B) of Lawrence Morrison for change of zoning classification is approved and such petition is hereby denied. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Whitehead, Edgar and Daugherty. NAYS: Kleinert. The Vice President declared the resolution adopted. The City Clerk read petition of A. E. Majewski, et al, 9614 Roseland, regarding bus traffic on Roseland. By Councilman Daugherty, seconded by Councilman Killam and unanimously adopted, it was Page 1795 #138-55 RESOLVED, that the petition of A. E. Majewski, et al, be referred to the Transportation Committee. The City Clerk read a letter dated March 10, 1955 from Michael Lyons for the Livonia Gardens Civic Association, which was received and placed on file. The City Clerk read a letter dated February 25, 1955 from the City Planning Commission regarding Petition No. Z-83. By Councilman Daugherty, seconded by Councilman Jones, it was #139-55 RESOLVED, that the report and recommendation from the City Planning Commission dated March 10, 1955, as to Petition No. Z-83 of Marion Lauderback for change of zoning classification in the Southwest 1/4 of Section 1 from RUFB to C-1 has been considered; such petition is hereby approved and the City Attorney is directed to prepare an amend- ment to Zoning Ordinance No. 60 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Whitehead and Daugherty. NAYS: Edgar and Kleinert. The Vice President declared the resolution adopted. The Superintendent of Public Works read a letter to the Council dated March 10, 1955, regarding Greenette Subdivision. Mr. Leonard Farber appeared in behalf of the builders. The following members of the Council were excused during the period of 10:17 P. M., to 10:25 P.M. : Councilmen Daugherty, Whitehead and Jones; but a full Quorum was present at 10:25 P. M. By Councilman Daugherty, seconded by Councilman Whitehead and unaninously adopted, it was #140-55 RESOLVED, that the release oi bond for improvements in Greenette Subdivision in the amount of $60,000.00, be tabled pending a final report from the Department of Public Works relating to the level of the manholes. Councilman Killam was excused at 10:40 P.M., and returned at 10:43 P.M. imm2he Superintendent of Public Works read a letter dated March 14, 1955, regarding Bel-Aire Subdivision. Councilman DaugherLy resumed the chair at 11:09 P.M. Page 1796 By Councilman Kleinert, seconded by Councilman Edgar, it was RbSOLVED, that the bond in the amount of $39,000 on Bel-Aire Subdivision be released. President Daugherty relinquished the chair to Councilman Jones at 11:11 P. M. Councilman Daugherty offered an amendment to the foregoing resolution, seconded by Councilman Whitehead, to read as follows: #141-55 RESOLVED, that the bond for Bel-Aire Subdivision in the amount of $39,000.00 be released pending completion of those items as described in the letter from W. R. McCary dated March 14, 1955 relating to curbs and paving and such cleaning of manholes as has not been previously done as listed in the letter of September, 1954. A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Whitehead, Daugherty and Jones. NAYS: Kleinert and Edgar. The Chairman declared the resolution adopted. President Daugherty resumed the chair at 11:17 P. M. The Superintendent of Public Works read letter dated March 10, 1955 re- garding Cooperspoon Subdivision No. 3. By Councilman Edgar, seconded by Councilman Kleinert and unanimously adopted, it was #142-55 RESOLVED that, having received a verbal recommendation from W. R. McCary, Superint endent of Public 4Vorks, accepting the paving in Cooperspoon Subdivision No. 3, the Council does hereby authorize the release of bond dated September 17, 1953, in the amount of $22,000.00, such bond having been filed to guarantee paving in Cooperspoon Subdivision No. 3, pursuant to a resolution adopted by the Council September 14, 1953, and the City Clerk is hereby authorized to do all things reasonably nec- essary to the full performance of this resolution; and that W. R. McCary, Superintendent of Public Works is hereby directed to file in writing with the City Clerk his acceptance of such improvements. The Superintendent of Public Works read letter dated March 14, 1955 regarding Smiley-Ringwald Subdivision. Bas ywCouncilman Kleinert, seconded by Councilman Whitehead and unanimouslyadopted, adopt ed, it Page 1797 imm #143-55 RESOLVED that, having received an oral report from W. R. McCary, Superintendent of Public Works, that the sewer and water have been in- stalled, the Council does hereby amend resolution No. 1941, item # 3, adopted December 27, 1954, and does establish the bond for improvements in Smiley-Ringwald Subdivision in the amount of 0,000.00. The City Clerk read a letter dated March 5, 1955 from Thomas Elliot Civic Association, signed by George Dygert, and accompanying petition. Councilman Kleinert was excused at 11:55 P. M. , and returned at 11:58 P. M. By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #144-55 RESOLVED, that the petition of George Dygert, et al, be referred to the Committee of the Whole. Councilman Whitehead introduced the following Ordinance: NO. AN ORDINANCE AMENDING SNCTICNS 13, 24 AND 35, OF THE ZONING MAP OF TIS CITY OF LIVONIA, AND AMENDING ARTICLE 3.00 OF 1HE ZONING ORDINANCE, ORDINANCE NO. bO, OF 1'HL CITY OF LIVONIA, BY ADDING TIILE.ETU SECTIUND 3.54, 3.55 AND 3.5b. TI-E CITY OF LIVONIA ORDAINS: Section 1. The report and recommendations of the City Planning Commission dated February 17, 1955, February 24, 1955 and February 25, 1955, on Petitions No. Z-80, Z-84 and Z-87, to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and nil proceedings heretofore conducted on such 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 3.54. Petition No. Z-80 of Thomas E. Boone, et al, is hereby 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 Southeast 1/4 of Section 13 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3.55. Petition No. Z-84 of David Lewis is hereby granted; the zon_n; classification of the premises described in said petition is ims hereby changed from R-U-F-B to R-1-A as requested in said petition; and the Southeast 1/4 of Section 36 of said Zoning Map is hereby amended to conform to the change made in this section. Page 1798 Section 3.56. Petition No. Z-87 of Joseph 31avik, et al, is hereby granted; the zoning classifications of the premises described in said petition includi ng the amendment thereto, are hereby changed as variously described therein from C-2, R-3-B and R-U-F-B to 13/-1-A and from R-3-B to C-2 as requested in said petition including the anendment, and the Southeast 1/4 of Section 24 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 13 of the Zoning Map of the City of Livonia" stowing all of the amendments and changes made in the foregoing 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 tte validity of any of the remaining portions of this ordinance. The foregoing ordinance was placed on the table for consideration at the next regular fleeting of the Council , March 28, 1955. By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #145-55 RESOLVED, that the Council concur with the recommendation of the Mar in letter dated March 8, 1955, regarding the appointment of Michael Costello to tte Board of Review, such appointment to take effect after March 2,2, 1955. By Councilman Kleinert, seconded by Councilman Killam, it was #146-55 RESOLVED, that the Council concur with the request of the Bureau of Inspection for temporary plumbing inspector and that the sum of $2,250.00 be and hereby is transferred from the Unallocated Fund to the proper payroll account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Kleinert, Whitehead, Edgar and Daugherty. NAYS: None. On motion of Councilman Killam, seconded by Councilman Kleinert and Page 1799 unanimously adopted, this 138th regular meeting of the City Council was duly adjourned to Monday, March 21, 155 at 8:00 P. M., the time of adjournment being 12:31 A. M., March 15, 1955. Marie W. Clark, City Clerk Attested: Jb4n' `.. Daugherty, President of -the Rudolf Kleinert, Vice President of the Council