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HomeMy WebLinkAboutCOUNCIL MINUTES 1955-04-11 Page 1821 MINUTES OF THE ONE HUNDRED FORTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 11, 1955, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:09 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, Harry R. Killam, Rudolf R. Kleinert, John W. Whitehead, Nettie Carey and Wilson W. Edgar. Absent-- David L. Jones. The City Clerk, Marie W. Clark, read the minutes of the 139th regular meeting held March 28, 1955. By Councilman Killam, seconded by Councilman Whitehead and unanimously adopted, it was #187-55 RESOLVED, that the minutes of the 139th regular meeting of the City Council held March 28, 1955, are approved as read. By Councilman Kleinert, seconded by Councilman Killam and unanimously adopted, it was #188-55 RESOLVED, that the City Attorney is hereby directed to pre- pare a resolution for presentation at the next regular meeting of the City Council regarding construction or alteration permits for public schools, as contained in the letter of recommendations from the Mayor dated April 6, 1955, as corrected. The City Clerk read a letter dated April 1, 1955 from the Mayor relative to recommendation of Wayne County Department of Health and letter from the Depart- ment of Health to the Wayne County Road Commission dated March 29, 1955 regarding sewage disposal. By Councilman Whitehead, seconded by Councilman Kleinert and unanimously adopted, it was #189-55 RESOLVED, that the letter from the Mayor dated April 1, 1955 ibm together with letter of the Michigan Department of Health dated March 29, 1955 be tabled, pending communications from other communities. The City Clerk read a letter from the Department of Public Works to the Page 1822 Mayor dated April 10, 1955 regarding lighting of the City Hall driveway. ian By Councilman Edgar, seconded by Councilman Carey, it was #190-55 RESOLVED, that the Council concur in the recommendation of the Department of Public Works dated April 10, 1955 for installation of lights for the City Hall driveway, and that the necessary funds in the amount of $49.00 for the balance of the year, be appropriated from the Unallocated Fund to the proper budget account for this purpose; and that the City Clerk is hereby authorized to send the proper application to the Detroit Edison Company for this installation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: None. The City Clerk read a proposed resolution for the paving of Grandon Avenue. Councilman Whitehead was excused at 8:47 P.M., and returned at 8:57 P.M. By Councilman Kleinert, seconded by Councilman Edgar and unanimously adopted, it was iis #191-55 RESOLVED that the City Engineer, having filed with the City Clerk a statement dated August 9, 1954 on all matters required by Section 6 of Ordinance No. 31, as amended, and a public hearing having been held thereon on September 20, 1954, after due notice as required by said Ordinance, and careful consideration having been given to all such matters, the Council does hereby 1. Accept and approve said statement in all respects; 2. Determine to make the improvement consisting of the resurfacing of Grandon, Sunset and Henry Ruff Roads as described in said state- ment as that portion of Grand on Avenue from Merriman Road to Henry Ruff Road, and of Sunset Avenue and Henry Ruff Road for a distance of 330 feet along each, and defray the cost of such improvement by special assessment upon the property especially benefited in pro- portion to the benefits received or to be derived; 3. Approve the plans and specifications of the improvement as set forth in said statement dated August 9, 1954; 4. Determine that the estimated cost of such improvement is $50,000.00; 5. Determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in ibm part by the City at large, in proportions hereinafter established; 6. That the proportion of the cost and expense of said improvement to be borne and paid by the City shall be fifty (50%) percent of the Page 1823 cost thereof; and that the balance of said cost and expense of said public improvement amounting to fifty (50%) percent shall be borne and paid by special assessment on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; 7. Determine that assessments made for such improvement may be paid in five (5) annual installments together with interest thereon in the amount of six (6) percent per annum on unpaid balance; 8. Designate the assessment district, describing the land and premises upon which special assessment shall be levied as follows: Beginning at a point on the East line of Merriman Road, distant South 980.80 feet and South 89 degrees 51 minutes 00 seconds East, 60.00 feet from the West 1/4 corner of Section 35, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, thence continuing South 89 degrees 51 minutes 00 seconds East, along the North line of Grandon Woods Subdivision 2598.18 feet to the East line of Henry Ruff Road; thence North 89 degrees 57 minutes 53 seconds East, along this South line of Ziegler Woods Subdivision 68.00 feet; thence South 0 degrees 15 minutes 10 seconds West, parallel to the East line of Henry Ruff Road, approximately 330 feet to the North line of E. G. Settle Realty Company's Bonaparte Gardens Subdivision; thence South 89 degrees 58 minutes 20 seconds West, along said North line 111.00 feet to the center line of Henry Ruff Road; thence North 89 degrees 51 minutes 00 seconds West, along the South line of Grandon Woods Subdivision 2553.72 feet to the East line of Merriman Road; thence North 330.00 feet along said East line to the Point of Beginning; 9. That the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land, such relative portions of the whole sum to be levied against all lands in the special assessment district as the benefits to such lot or parcel of land bears to the total benefits to all lands in such district, and also to enter upon such roll the amount which has been assessed to the City at large, all in accord- ance with the determination of the City Council; 10. And that upon the completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 11 of Ordinance No. 31, as amended by Ordinances No. 46, No. 65 and No. 73 of the City of Livonia, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council. The City Attorney read a letter addressed to the City Clerk dated April 11, 1955, regarding Petition V-4, which was received and placed on file. The Deputy City Clerk read a letter dated April 4, 1955 from Greenbrier Estates Improvements Association. By Councilman Kleinert, seconded by Councilman Killam and unanimously Page 1824 adopted, it was #192-55 RESOLVED, that the letter from Greenbrier Estates Improvements Association dated April 4, 1955 regarding lighted street signs be referred to the Department of Public Works for written report and recommendation. A recess was called at 9:14 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 Carey and unanimously adopted, it was #193-55 RESOLVED, that the Council suspend the regular order of business to take up certain items on the agenda wherein interested persons are waiting to be heard on those items. The City Clerk read a letter from the City Planning Commission dated April 4, 1955 relative to Petition No. Z-96. By Councilman Kleinert, seconded by Councilman Whitehead and unanimously adopted, it was #194-55 RESOLVED, that the report and recommendation from the City Planning Commission dated April 4, 1955 as to Petition No. Z-96 of Practical Home Builders, Inc., for change of zoning classification in the Northwest 1/4 of Section 1 from RUFB to R-1-B 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 read a letter from the City Planning Commission dated April 1, 1955, as to Petition No. Z-94. By Councilman Kleinert, seconded by Councilman Edgar and unanimously adopted, it was #195-55 RESOLVED, that the report and recommendation from the City Planning Commission dated April 1, 1955 as to Petition No. Z-94 of Betty Lou and William T. Bury and Loretta and Stanley Rudnicki for change of zoning classification in the Northwest 1/4 of Section 33 from RUFB to R-1-B is hereby approved; and the City Attorney is directed to prepare an amendment to Zoning Ordinance No. 60 in accordance with this resolution. iwwThe City Clerk read a letter from the Department of Public Works dated April 11, 1955 regarding reduction of bond in Devonshire Park Subdivision. Page 1825 By Councilman Kleinert, seconded by Councilman Whitehead and unanimously adopted, it was #196-55 RESOLVED that, upon recommendation of the Superintendent of Public Works dated April 11, 1955; and pursuant to resolution #171-55 adopted by the Council on March 28, 1955, the bond to the City of Livonia for improvements in Devonshire Park Subdivision dated August 30, 1954 in the amount of $220,000 between Abe Green and Henry S. Alper as principal, and National Union Fire Insurance Company, as surety, is hereby released; provided, however, that said $220,000 bond be replaced by a new bond in the amount of $43,725.00, and that such bond is hereby established to insure completion of improvements pursuant to the recommendations in the aforementioned letter from the Superintendent of Public Works. The City Clerk read a letter dated April 11, 195 5 from the Department of Public Works regarding reduction of bond in Rosedale Meadows Subdivision. By Councilman Edgar, seconded by Councilman Carey and unanimously adopted, it was #197-55 RESOLVED that, upon recommendation of the Superintendent of Public Works dated April 11, 1955, the bond to the City of Livonia for improvements in Rosedale Meadows Subdivision dated July 16, 1954 in the amount of $300,000.00, between Warren Corporation, as principal, and National Union Fire Insurance Company, as surety, is hereby released; provided, however, that said $300,000.00 bond be replaced by a new- bond in the amount of $161,200.00, and that such bond is established to insure completion of improvements, pursuant to the recommendations in the afore- mentioned letter from the Superintendent of Public Works. The City Clerk read a letter from the Department of Public Works dated April 11, 1955 regarding partial release of bond in River Bend Subdivision. By Councilman Whitehead, seconded by Councilman Kleinert and unanimously adopted, it was #198-55 RESOLVED that, upon recommendation of the Superintendent of Public Works dated April 11, 1955, a cash bond to the City of Livonia for improvements in River Bend Subdivision dated October 8, 1954 in the amount of $65,000.00, which sum was paid for deposit in the Special Trust Fund of the City of Livonia under date of October 8, 1954, is hereby re- duced to $39,053.00; and the City Clerk and City Treasurer are hereby authorized to pay to said Luvisch Building Corporation the amount of $25,947.00, and to do all other things reasonably necessary to the full performance of this resolution; and that the retained balance of said Imo cash bond in the amount of $39,053.00 will be held to guarantee improve- ments in said River Bend Subdivision, and will not be released until further action of this Council. Page 1826 The City Clerk read letters from Gustave Muth, Building Code Board of Appeals, dated March 26, 1955. By Councilman Whitehead, seconded by Councilman Kleinert and unanimously adopted, it was #199-55 RESOLVED, that the recommendation of the Bureau of Inspection regarding the adoption of a Plumbing Code for the City of Livonia be re- ferred to the City Attorney for preparation of the necessary ordinance. The City Clerk read a letter dated April 11, 1955 from Harry Slatkin Builders, Inc., requesting building permits. Mr. Irvin Hermanoff and Mr. Harry Slatkin appeared before the Council in this matter. President Daugherty relinquished the chair to Vice President Kleinert at 10:13 P. M., and was excused. Vice President Kleinert thereupon presided for the balance of the meeting. The City Clerk read a letter from Donald M. Pierce, Department of iwoEngineering, Michigan Department of Health, dated March 1, 1955. Councilman Whitehead was excused at 10:14 P.M., and returned at 10:21 P.M. Councilman Daugherty returned at 10:15 P. M. By Councilman Daugherty, seconded by Councilman Carey and unanimously adopted, it was #200-55 RESOLVED, that pursuant to a request from Harry Slatkin Builders, Inc., dated April 11, 1955 for issuance of forty (40) build- ing permits; and pursuant to a letter from the Michigan Department of Health dated April 1, 1955 on sewers for Country Homes Subdivisions No, 2 and No. 3, and the Council having taken note of item #3 of said letter; and permit #12802, issued by the Michigan Department of Health under date of March 31, 1955; the Michigan Department of Health is hereby informed that the Council of the City of Livonia is agreeable to issuing forty (40) building permits to Harry Slatkin Builders, Inc., for lots #231 through #270, inclusive, such lots being situated on the north and south sides of Parkdale Avenue in Country Homes Subdivision No. 2, and that such permits shall be issued upon compliance with the following conditions: 1. That the Michigan Department of Health approve the action of the City Council under this resolution; 2. That Harry Slatkin Builders, Inc., agree that they will not complete the final house to lateral sewer connections Page 1827 for these homes and/or any other stipulation that the Michigan Department of Health may set forth; 3. That the City Council does hereby require Harry Slatkin Builders, Inc., to post a $10,000.00 cash bond to assure compliance with Plat Ordinance No. 44, as amended, and in compliance with resolution No. 59-55, adopted February 7, 1955, pertaining to approval of Country Homes Subdivision No. 2; and that the City Clerk is hereby authorized to transmit a copy of this resolution to the Michigan State Department of Health. The City Clerk read a letter dated March 29, 1955 from the Traffic Com- mission, which was referred to the Streets and Roads Committee. By Councilman Carey, seconded by Councilman Whitehead, it was #201-55 RESOLVED, that the request of the City Clerk for purchase of a Thomas Collator is approved, and the sum of $475.00 is hereby ap- propriated from the Unallocated Fund for this purpose. A roll call vote was taken on the fore gal ng resolution with the following result: AYES: Killam, Whitehead, Carey, Edgar, Daugherty and Kleinert. low NAYS: None. By Councilman Edgar, seconded by Councilman Whitehead, it was #202-55 RESOLVED, that the request of the City Clerk for purchase of an electric stapling machine is approved and the sum of $115.00 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: Killam, Whit ehead, Carey, Edgar and Kleinert. NAYS: Daugherty. The Vice President declared the resolution adopted. The City Clerk read a letter from the Police Department dated March 28, 1955 regarding the purchase of a Drunkometer and letter from Judge Nye dated February 8, 1955. There being no action taken by the Council, such letter was received and placed on file. imuThe Deputy Clerk read a letter from the Police Department Dated April 6, 1955 regarding Class C liquor licenses. Page 1828 By Councilman Whitehead, seconded by Councilman Daugherty and unanimously adopted, it was #203-55 RESOLVED, that the recommendation of the Police Department dated April 6, 1955 having been considered; the Council does hereby request the Michigan Liquor Control Commission to drop all beer and wine carry-out sales from all Class C licenses now existing within the corporate limits of the City of Livonia; and that the City Clerk is authorized to transmit a copy of this resolution to the Michigan Ligaor Control Commission. The Deputy Clerk read a letter dated April 5, 1955 from the Police Depart- ment requesting capital expenditure approval. By Councilman Killam, seconded by Councilman Whitehead and unanimously adopted, it was #204-55 RESOLVED, that the request of the Police Department dated April 5, 1955 for capital expenditure as follows: Requisition No. 3190 $234.95 is hereby approved. The Deputy Clerk read a letter from the Police Department dated April Ism 7, 1955 requesting approval of capital expenditure. By Councilman Daugherty, seconded by Councilman Killam and unanimously adopted, it was #205-55 RESOLVED, that the reque st of the Police Department dated April 7, 1955 for capital expenditure in the following amount: Requisition No. 3191 $187.50 is hereby approved. The Deputy Clerk read a letter from the Police Department dated April 7, 1955 requesting capital expenditure approval. By Councilman Whitehead, seconded by Councilman Carey and unanimously adopted, it was #206-55 RESOLVED, that the request of the Police Department dated April 7, 1955 for capital expenditure as follows: ibm Requisition No. 3192 $81.00 is hereby approved. Page 1829 By Councilman Carey, seconded by Councilman Whitehead, it was #207-55 RESOLVED, that the audit of the City of Livonia for the fiscal year commencing December 1, 1953 and ending November 30, 1954, as prepared by Ferry and Lyle, Certified Public Accountants, be approved and a summary thereof be spread upon the minutes as follows: CITY OF LIVONIA, MICHIGAN GENERAL FUND STATEMENT OF UNAPPROPRIATED SURPLUS AS OF NOVEMBER 30, 1954 Total cash in checking account, November 30, 1954 $ 128,544.65 Less: Accounts payable 24,408.76 $ 104,135.89 Additions: Advances: Sewage Disposal System No. 1 $ 2.22 Sewage Disposal System No. 2 87.69 Sewage Disposal System No. 4 120,382.00 Sewer Special Assessment District No. 4 62,323.02 Special Assessment District No. 2 6,565.52 Coventry Gardens Special Assessment 6,939.48 Cardwell Avenue Paving 5,004.00 Roycroft Water Main 65.00 Water Department 70.53 Total Advances 201,439.46 Gasoline tax refund receivable 360.00 Taxes receivable 2,146.41 Inventories of gasoline, oil and anti-freeze 1,133.78 Deposits on oil drums, etc. 44.00 Guarantee deposit with State of Michigan, Employees' Retirement System 5,870.03 Total additions 210,993.68 Unappropriated Surplus, November 30, 1954 $ 315,129.57 CITY OF LIVONIA, MICHIGAN GENERAL FUND STATEMENT OF RECEIPTS AND DISBURSEMENTS December 1, 1953, to November 30. 1954 Balance Cash in Checking Accounts, November 30, 1954 $ 266,936.97 U. S. Certificates of Indebtedness redeemed 200,000.00 $ 466,936.97 Page 1830 Balance forward $ 466,936.97 Receipts: imm Tax collections $ 55,353.59 Revenue Collections 969,110.83 $1,024,464.42 Employees' deductions withheld 110,567.54 Amrhein Road Paving 79,418.24 Chevrolet Plant Sewer 27,018.47 Chevrolet Plant Water Main 485.77 Sewage Disposal System No. 1 25,807.24 Sewage Disposal System No. 4 7,672.00 Special Assessment District No. 2 2,316.84 Livonia Water Department 63,699.19 Livonia Public Schools 42.08 Nomination Filing Fees 1,700.00 Vaccination 2,121.00 Contracts Payable Credits 280.84 Cancellation of 1952-53 Encumbrance Reserve 3,562.43 $1,349,156.06 Total $1,816,093.03 Disbursements: Per budget summary $1,298,930.30 Employees' Income Tax forwarded 71,022.05 Employees' deductions forwarded 39,545.49 Sewage Disposal System No. 1 25,704.26 Sewage Disposal System No. 2 87.69 ibe Sewage Disposal System No. 4 26,220.41 Sewer Special Assessment District No. 4 40,394.66 Livonia Water Department 110.84 Amrhein Road Paving 77,694.29 Chevrolet Plant Sewer 26,240.21 Coventry Gardens Special Assessment District 2,413.48 New Water Main Extension 63,658.88 Livonia Public Schools 42.08 Gas and Oil Inventory 179.41 Gas tax refund receivable 360.00 Deposits - Drums (47.00) Nomination filing fees refunded 1,250.00 Nomination filing fees - transferred to revenue 450.00 Vaccination fees 2,121.00 Guarantee deposit - State Employee Retirement System 5,870.03 Contractor performance deposits - transferred to budget 5,300.00 Surplus adjustment .30 $1,6873548.38 Balance cash in checking accounts, November 30, 1954 $ 128.544.65 SCHEDULE OF REVENUE COLLECTIONS Permits IN Building $ 59,913.00 Septic Tank 819.70 Plumbing 33,440.60 Electrical 31,837.30 Refrigeration 862.00 Page 1831 Permits (continued) Lee Heating 14,832.60 D. P. W. 1,033.00 Sign 296.00 Moving 410.00 Zoning 6,762.00 Gas Tank burial 263.00 Licenses Trade 4,917.50 Kennel 285.00 Dog 5,150.00 Bicycle 756.00 Driver 3,372.50 Heating 460.00 Electrical 2.00 Fees Dog Board 233.35 Dog Releases 465.00 Birth-Death Certificates 355.50 Registrations 1,168.00 Dumping 2,818.85 Plat filing fee 440.00 Zoning appeals 280.00 Zoning Filing 85.00 Top Soil Removal 1,100.00 iew Heating contractor exams 75.00 Heating registrations 1,140.00 Petition filing 30.00 Court Violations 24,124.35 Fines 15,500.00 Civil Cases 333.00 State Cases 1,384.85 Sale of Publications Zoning Maps 14.25 Ordinances 297.15 Electrical Code Books 39.50 Plumbing Code Books 30.50 Building Code Books 194.05 Land Sales 65.46 Gas tax refund 2,613.07 Miscellaneous revenues 2,962.67 Discount earned 426.14 Cemetery 255.00 Interest - Delinquent Taxes 98.06 " - Certificates of Indebtedness 2,681.08 Liquor Control Commission 8,025.28 Sales tax diversion 125,368.10 Intangible property tax 26,125.66 Motor Vehicle Highway Fund 150,049.60 Race Track 434,926.30 Cash short (6.04) Tax collections 55,353.59 Total $ 1,02 ,464.42 Page 1832 A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Whitehead, Carey, Edgar, Daugherty and Kleinert. NAYS: None. By Councilman Carey, seconded by Councilman Killam and unanimcu sly adopted, it was #208-55 RESOLVED, that petition No. V-10 of Francis R. Clements and Gordon L. Wabake for vacating of a certain alley located in the North- west 1/4 of Section 11,City of Livonia, be referred to the City Plan- ning Commission for action according to law and Ordinance No. 29, as amended by Ordinance No. 50. On motion of Councilman Whitehead, seconded by Councilman Killam and unanimously adopted, this 140th regular meeting of the City Council was duly adjourned at 11:18 P. M. , April 11, 1955. . Clark, City Clerk Attested: .11111Lik N ty, President of 4:41/4Council - lf R. lei.nert, Vice President of the Council