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HomeMy WebLinkAboutCOUNCIL MINUTES 1953-12-17 Page 131$ MINUTES OF THE ONE HUNDRED EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 17, 1953, above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:06 P. M., by the President of the Council, Harry S Wolfe. Roll was called with the following result: Present, Harry S Wolfe, Wilson W Edgar, Raymond E. Grimm, John W. Whitehead, Nettie Carey and William J Taylor Absent, Harold Bower Councilman Grimm gave the following invocation: " Once more, Dear Father, we are approaching the close of another year. For all the blessings we have received, we thank Thee May it be the desire of people everywhere to promote the good things of the past into the future. May there be peace and contentment in our homes and throughout the world this day The contentment that comes from serenity of mind and the spiritial well-being of those who believe in the inherent goodness of man and who have faith in the wisdom and mercy of Divine Providence " Minutes of the 107th regular meeting held November 23, 1953 and adjourned to November 30, 1953 and December 3, 1953, were read and approved. By Councilman Edgar, seconded by Councilman Grimm and unanimously adopted, it was #799 RESOLVED that, the hour of 8:30 P M , having arrived the City Clerk open and read all sealed bids received on a heavy duty trailer for the Department of Public Works. The City Clerk thereupon opened and read the following sealed bids 1 Cyril J Burke, Inc $3,110.00 2. Marens Equipment Co. 2,950.00 3 R G Moeller Co. 3,294 00 4 W H Anderson Co 3,110.00 By Councilman Edgar, seconded by Councilman Whitehead and unanimously adopted, it was #800 RESOLVED, that the foregoing bids be referred to the Department of Public Works for its report and recommendation ... The City Clerk read a communication from the Planning Commission dated November 20, 1953 pertaining to Petition # Z 6 A of Anne B Slapinskas, the Page 1319 petitioner, represented by Harry Pratt, attorney. Ben Knoppow appeared as attorney for Dewey A Moore, et al, objectors, on whose behalf he filed written r.. objections and made oral argument. By Councilman Edgar, seconded by Councilman Grimm and unanimously adopted, it was #801 RESOLVED that, the report and recommendation of the City Planning Commission on Petition # Z 6 A of Anne B Slapinskas for change of zoning classification are hereby rejected, and said petition is hereby denied. At approximately 9:40 P M , a fifteen minute recess was called, following which the meeting was resumed with all members of the Council present who were named as present in the original roll call of this meeting By Councilman Grimm, seconded by Councilman Taylor and unanimously adopted, it was #802 RESOLVED that, the report and recommendation of the City Planning Commission dated November 20, 1953 on Petition # 228 of Newman Farms for change of zoning classification are hereby approved; and the City Attorney is directed to prepare an amendment to the Zoning Ordinance in accordance with this resolution. By Councilman Carey, seconded by Councilman Whitehead, and unanimously adopted, it was #803 RESOLVED that, the report and recommendation of the City Planning Commission dated November 20, 1953 on Petition # Z30 of Ralph I Seely, et al, for change of zoning classification are hereby approved; and the City Attorney is directed to prepare an amendment to the Zoning Ordinance in accordance with this resolutioh By Councilman Grimm, seconded by Councilman Whitehead and unahimously adopted, it was #804 RESOLVED that, the report and recommendation of the City Planning Commission dated November 20, 1953 on Petition # Z31 of Wm and Myrtle Eplett for change of zoning classification are hereb; approved, and said petition is hereby denied. By Councilman Whitehead, seconded by Councilman Taylor and unanimously adopted, it was Page 1320 #805 RESOLVED that, the report and recommendation of the City Planning Commission dated November 20, 1953 on Petition # Z32 of Deo V. Duryee, for change of zoning classification are hereby approved; and the City Attorney is directed to prepare an amendment to the Zoning Ordinance in accordance with this resolution. By Councilman Taylor, seconded by Councilman Grimm and unanimously adopted, it was #806 RESOLVED that, the report and recommendation of the City Planning Commission dated November 20, 1953 on Petition # Z33 of Clifford A. Greene, for change of zoning classification are hereby approved; and the City Attorney is directed to prepare an amendment to the Zoning Ordinance in accordance with this resolution. A discussion took place on Petition # Z34, which was tabled temporarily. By Councilman Carey, seconded by Councilman Grimm and unanimously adopted, it was #807 RESOLVED that, the report and recommendation of the City Planning Commission dated November 20, 1953 on Petition # Z35 of Lawrence G and Viola R Sellake, for change of zoning classification are hereby approved, and said petition is hereby denied. By Councilman Taylor, seconded by Councilman Grimm and unanimously sm. adopted,it was #808 RESOLVED that, the report and recommendation of the City Planning Commission dated November 20, 1953 on Petition # Z36 of Harry Smith, et al, for change of zoning classification are hereby approved, and said petition is hereby denied. By Councilman Whitehead, seconded by Councilman Carey and unanimously adopted, it was #809 RESOLVED, that, the report and recommendation of the City Planning Commission dated November 20, 1953 on Petition # Z37 of Consumers Power Company, for change of zoning classification are hereby approved; and the City Attorney is directed to prepare an amendment to the Zoning Ordinance in accordance with this resolution By Councilman Carey, seconded by Councilman Taylor and unanimously adopted, it was #810 RESOLVED that, the report and recommendation of the City Planning Commission dated December 8, 1953 on Petition V-1 of Dr r... Gordon Eadie, for vacating of a portion of Oakdale Avenue is hereby approved; and the City Attorney directed to prepare an Ordinance consistent with this resolution Page 1321 By Councilman Whitehead, seconded by Councilman Grimm, it was #811 RESOLVED that, pursuant to the recommendation of the Depart- um. ment of Public Works dated December 17, 1953, the installation of water mains and fire hydrants in Belaire Gardens Subdivision, on the following streets- Along From To Henry Ruff West Chicago Orangelawn Doris Orangelawn Louise Fremont Louise Orangelawn Oporto Orangelawn Middlebelt Richland Henry Ruff Oporto (eastern intersection W Chicago Henry Ruff Middlebelt Middlebelt West Chicago Oporto are hereby accepted and approved; provided, however, that this resolution shall not become effective until payment is made of the Wayne County inspection fee in the amount of 3 1/2 cents per foot A roll call vote was taken on the foregoing resolution with the following result: AYES. Edgar, Grimm, Carey, Whitehead, Taylor and Wolfe NAYS- None hu` By Councilman Grimm, seconded by Councilmah Carey, it was #812 RESOLVED that, pursuant to recommendation of the Department of Public Works dated December 17, 1953, the installation of storm and sanitary sewers within Belaire Gardens Subdivision, the location of which sewers is set forth in such recommendation, is hereby accepted and approved, provided, however, that this resolution shall not be effective until there :las been paid to the City of Livonia all inspection fees and other charges due in connection with said sewers A roll call vote was taken on the foregoing resolution with the following result: AYES: Edgar, Grimm, Carey, Whitehead, Taylor and Wolfe NAYS. None The City Clerk next read to the Council a letter from the Police and Fire Associations of the City of Livonia requesting a hearing on the proposed Retirement Plan Ordinance. Harry Burton, Secretary of the Civil Service Com- mission, likewise appeared before the Council and submitted a report prepared by the Commission under date of December 17, 1953 Members of the Police and Fire Departments were also present and took part in a discussion with the Page 1322 Council on both the merits of the Social Security Plan as well as the proposed Retirement Plan Ordinance. Councilman Taylor made a motion that the following resolution be adopted: Resolved that, the resolution adopted by the City Council on December 3, 1953, agreeing with the State of Michigan and the Federal Security Administrator, that the benefits of the Social Security Act be extended to all persons included within the Civil Service of the City of Livonia, be rescinded. The above motion received no support and President Wolfe declared that it was lost for want of a second. With the consent of all members present, the proposed ordinance entitled "An Ordinance Establishing a Retirement Plan, Creating a Board of Trustees and Providing for the Administration of Such Plan" which was introduced by Councilman Grimm at the adjourned 107th regular meeting of the Council held on December 3, 1953, was taken from the table and a roll call vote was conducted thereon with the following result: AYES: Edgar, Grimm, Whitehead, Carey and Wolfe. NAYS: Taylor President Wolfe declared that the foregoing Ordinance was duly adopted and will become effective on the date of publication which will be December 31, 1953 Petition # Z34 was taken from the table for further consideration. By Councilman Grimm, seconded by Councilman Edgar and unanimously adopted, it was #813 RESOLVED that, the report and recommendation of the City Planning Commission dated November 20, 1953 on Petition Z34 of Fred S Kingon, et al, for change of zoning classification are hereby approved; and the City Attorney is directed to prepare an amendment to the Zoning Ordinance in accordance with this resolution. By Councilman Edgar, seconded by Councilman Carey and unanimously r.. adopted, it was Page 1323 #814 RESOLVED that, pursuant to the recommendation of the Department of Public Works dated October 15, 1953, it appearing that the proposed Plat of Livonia Estates Subdivision, a part of the West 1/4 of the South East 1/4 of Section 36, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, has hereto- for been approved by the City Planning Commission and that all of the improvements in said Subdivision have been installed in accordance with the provisions of the Plat Ordinance, said Plat is hereby approved and the City Clerk is authorized to affix her signature thereto on behalf of the City of Livonia as evidence of such approval. By Councilman Carey, seconded by Councilman Grimm, it wqs #815 RESOLVED that, pursuant to a recommendation from the Depart- ment of Public Works dated December 10, 1953, the concrete paving on the streets in Greenette Subdivision, which streets are described in such recommendation, is hereby accepted and approved; provided, however, that this resolution shall not be effective until all inspection fees and other charges due to the City of Livonia have been fully paid A roll call vote was taken on the foregoing resolution with the following result: AYES: Edgar, Grimm, Whitehead, Carey, Taylor and Wolfe. NAYS Nohe By Councilman Grimm, seconded by Councilman Carey, it was #816 RESOLVED, that the J F Ferry Merriman Subdivision, part of the northwest quarter of Section 35, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, having been tentatively approved by the City Planning Commission on November 17, 1953; and there having been filed a report from the Department of Public Works dated December 16, 1953, recommending that said J F Ferry Merriman Subdivision be approved and that a bond in certain amounts be furnished to the City of Livonia; the City Council does hereby approve the proposed plat of said J F Ferry Merriman Subdivision; provided, however, that such approval is made on the following conditions: (1) That a copy of plans and specifications of all subdivision improvements as required under Plat Ordinance No 44 shall be filed in the office of the City Clerk and with the Department of Public Works after such plans have been approved by the respective agencies whose approval is required according to law; (2) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 44) of the City of Livonia and the rules and regulations of the Department of Public Works, within a period of two years from the date of this resolution; (3) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improve- ments shall not be considered as having been satisfactorily in- stalled until there is filed with the Council a Certificate as provided in Sectionl4 of said Ordinance No. 44; Page 1324 (4) And the City Clerk shall affix her signature on said Plat as evidence of this approval only on satisfactory installation of said improvements or, in lieu of, upon filing with her by the room proprietors of such Subdivision, a bond to the City of Livonia either in the cash amount of $185,000 00, or signed by an approved Surety Company in the amount of $185,000.00, which bond shall be in such form as may be approved by the City Attorney. A roll call vote was taken on the foregoing resolution with the following result. AYES: Edgar, Grimm, Whitehead, Carey, Taylor and Wolfe NAYS: None. By Councilman Grimm, seconded by Councilman Carey, it was #817 RESOLVED, that, the Council having considered the request dated December 14, 1953 of Warner and Warner Engineers, acting for Grandville Construction Company, for approval of Heiman Park Subdivision part of the West 1/2 of the North East Quarter of Section 9, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, and the Council likewise having considered the plans for the improvements in said Helman Park Subdivision, as prepared by Warner and Warner and as approved by the Department of Public Works under date of December 16, 1953; and the Council having further considered a communication from the Director of Public Works dated December 16, 1953, recommending that said Heiman Park Subdivision be approved and that bonds in certain r.� amounts be furnished to the City of Livonia, and it further appearing that tentative approval of said Subdivision was given by the City Planning L'ommission dated July 21, 1953; the City Council does hereby approve the proposed Plat of said Helman Park Subdivision; provided, however, that such approval is made on the following conditions. (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No 44) of the City of Livonia and the rules and regulations of the Department of Public Works, within a period of two years from the date of this resolution; (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improve- ments shall not be considered as having been satisfactorily in- stalled until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 44; (3) And the City Clerk shall affix her signature on said Plat as evidence of this approval only on satisfactory installation of said improvements or, in lieu of, upon filing with her by the proprietors of such Subdivision, a bond to the City of Livonia either in the cash amount of $116,000.00, or signed by an approved Surety Company in the amount of $116,000 00, which bond shall be in such form as may be approved by the City Attorney. '�- A roll call vote was taken on the foregoing resolution with the following result: AYES: Edgar, Grimm, Whitehead, Carey, Taylor and Wolfe NAYS: None. Page 1325 By Councilman Edgar, seconded by Councilman Carey and unanimously adopted, it was #818 RESOLVED that, the communication from James Marsh dated November 30, 1953 be referred to the City Attorney who is authorized to take such legal action as may be necessary against the contractor Sugden and Sivier to satisfy the claim of said James Marsh, and all other outstanding claims against said contractor. By Councilman Carey, seconded by Councilman Grimm, it was #819 RESOLVED that, the law firm of Miller,Canfield, Paddock and Stone is hereby retained, pursuant to Section 14, Chapter V of the Charter, as special legal counsel for the City of Livonia in the chancery proceedings in the Wayne Circuit Court entitled John T. Daugherty vs City of Livonia, No. 512,981, with full authority to represent the City in such proceeding, to file therein all necessary pleadings and to take such action as may be necessary to obtain a favorable decision in such proceeding and fully protect the interests of the City of Livonia, that said law firm is further authorized to take such appeals and such other steps as may be necessary in obtaining a final determination of said proceeding in said court and in the Michigan Supreme Court; and that this retention is made in accordance with a letter from Miller,Canfield, Paddock and Stone to the City Attorney dated December 17, 1953, the terms and conditions of which are hereby approved. A roll call vote was taken on the foregoing resolution with the following results AYES: Edgar, Grimm, Whitehead, Carey, Taylor and Wolfe. NAYS. None By Councilman Grimm, seconded by Councilman Carey and unanimously adopted, it was #820 RESOLVED that, the letter from Brown and Raisch Company dated November 16, 1953 is hereby placed on the table for further consideration. By Councilman Whitehead, seconded by Councilman Grimm and unanimously adopted, it was #821 RESOLVED that, the City Attorney is hereby authorized and directed to take an appeal to the Michigan Supreme Court in the case of Jacoby vs the City of Livonia. On motion of Councilman Whitehead, seconded by Councilman Taylor, and unanimously adopted, the 108th regular meeting of the Council was duly Page 1326 adjourned at 12.45 A M , on December 18, 1953. Mar - 4N\Clark, City Clerk Attested: i / / Harry S, •lfe, Presid: t