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HomeMy WebLinkAboutCOUNCIL MINUTES 1954-06-28 Page 1515 MINUTES OF THE ONE HUNDRED TWENTY-FIRST REGULAR MEETING L OF THE COUNCIL OF THE CITY OF LIVONIA On June 28, 1954, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8.02 P M , by the President of the Council, John T Daugherty The invocation was given by Councilman Kleinert Roll was called with the following result: Present-- John T. Daugherty, David L. Jones, Harry R Killam, Rudolf R. Kleinert, John W Whitehead, and Nettie Carey Absent-- Wilson W Edgar Councilman Edgar's absence is explained in the following letter: "This is to inform you that I will be out of the city on a business trip and will not return until about July 12, 1954 "Because of this I will not be in attendance at any regular meetings of the City Council and this letter also will waive my right to special notices for special meetings. "Will you please record this in the records of the City IL Council?" By Councilman Whitehead, seconded by Councilman Killam and unanimously adopted, it was #1553 RESOLVED, that the minutes of the 120th regular meeting held June 14, 1954, and the adjourned 120th regular meeting held June 17, 1954, be approved as read By Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, it was #1554 RESOLVED, that the hour of 8:30 P M., having arrived, the Council suspend the regular order of business in order to open bids on a truck for the Department of Public Works and Fire Hose for the Fire Department. The City Clerk, Marie W Clark, thereupon opened the following bids on one new Ford C-600 Cab and Chassis. 1. Paul J Weidman, Inc , Plymouth $2,0Q9 69 Ihr 2. Marr Taylor Ford Sales, Northville 2,390.63 3. Floyd Rice, Detroit 2,153.30 4. Clarence Bell, Inc , Wayne 2,307 32 5. G4C Truck & Coach Division, Detroit 2,203 88 Page 1516 By Councilman Jones, seconded by Councilman Carey and unanimously adopted, it was #1555 RESOLVED, that the bids for one new 1954 Ford C-600 Cab and Chassis be referred to the Department of Public Works for consideration and recommendation The City Clerk, Marie W. Clark, then opened the following bids on Fire Hose: 1 Bi-Lateral Fire Hose Company, Chicago, Ill. 1500 feet 2k" Duro (dacron) @ $1 75 400 feet 1." Duro (dacron) @ $1 25 2 Eureka Fire Hose, New York 1500 feet 22" 2 ply Multiple Woven © $1 90 " " " E Z Fold Double Jacket © $1 66 400 feet 12" 2 ply Multiple Woven @ $1.31 " " " E Z Fold Double Jacket @ $1 16 3 Fabric Fire Hose Company, Sandy Hook, Conn 1500 feet 2A" Double Jacket "Keystone" @ $1 88 400 feet lz" " " " @ $1.40 By Councilman 'Whitehead, seconded by Councilman Jones and unanimously adopted, it was #1556 RESOLVED, that the foregoing bids for Fire Hose be referred to the Chief of the Fire Department for consideration and recommendation. By Councilman Whitehead, seconded by Councilman Jones and unanimously adopted, it was #1557 RESOLVED, that the Council return to the regular order of business By Councilman Jones, seconded by Councilman Kle inert and unanimously adopted, it was #1558 RESOLVED, that the Council concur with the Mayor's recommenda- tion and authorize him to hire George Jerome Company, engineers, to make a survey of the extension of the Farmington Road sewer. The City Clerk read the Finance Committee's Report for the month of May, 1954 By Councilman Whitehead, seconded by Councilman Jones, it was Page 1517 #1559 RESOLVED, that the report of the Finance Committee for the Iii month of May. 1954, is hereby approved and a summary of such report is spread upon the minutes of this meeting as follows: General, Administrative and Legislative- Executive 40.97 Legislative 670.26 City Treasurer 201 76 City Clerk 546.43 Department of Law 99 46 Justice Court 422.22 Election Commission 25.00 Civil Service Commission 85 40 City Hall 932 57 City Hall-Landscaping 5,325.20 Court Building 48 28 Civil Defense 16.04 City Planning Commission 423.41 $ 8,837.00 Department of Public Safety- Police Department 2,601.07 Fire Department 1,530.99 Inspection Department 583.52 4,715 58 Department of Public Works 15,024.31 15,024.31 L Department of Parks and Recreation 1,503 90 1,503.90 TOTAL. 1,503 General Ledger Accounts Insurance 4,120 16 Advances 43,274 46 Retirement Program 5,173.07 Reserve for Encumbrances 26 20 Inventory Accounts 115.02 52,708.91 TOTAL: $ 82,789 70 A roll call vote was taken on the foregoing resolution with the following result AYES. Jones, Killam, Kleinert, Whitehead, Carey and Daugherty. NAYS• None Mr. Clarence Reid appeared before the Council regarding the Nona Schaffer case By Councilman Kleinert, seconded by Councilman Jones and unanimously Ili adopted, it was Page 1518 #1560 RESOLVED, that the offer of Mr Clarence Reid, attorney for Nona Schaffer, regarding restitution be rejected and that every effort be made to secure a cash settlement. A ten minute recess was called at 9:22 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 #1561 RESOLVED, that the Council suspend the regular order of business in order to take up requests for fireworks permits. The City Clerk thereupon read letters of request for permits to conduct fireworks display on July 5, 1954 By Councilman Whitehead, seconded by Councilman Jones and unanimously adopted, it was #1562 RESOLVED, that the following reque sts Parks and Recreation Commission for celebration to be held at Burton Field, Six Mile and Farmington Roads; Robert F Melvin, 20301 Parker and William Melvin, 26721 W Seven Mile Road, for celebration to be held at the rear of 20301 Parker Avenue, Rosedale Gardens Civic Association, 9611 Hubbard Avenue, Livonia, Michigan; and Coventry Gardens Association, Shoreham Park, Livonia, Michigan, for permit to discharge fireworks on July 5, 1954, is hereby granted and the Director of Public Safety is directed to issue such permit on being satisfied that proper safety measures are taken,, and subject to the regulations of the Fire Department and the Police Department By Councilman Kleinert, seconded by Councilman Whitehead and unanimously adopted, it was #1563 RESOLVED, that the Council return to the regular order of business By Councilman Jones, seconded by Councilman Carey, it was #1564 RESOLVED, that upon recommendation of the Department of Public Works, the bid of Paul J Weidman in the amount of $2,099.69 for one 1954 Ford truck be accepted; and the issuance of a purchase order in conformance with such bid is hereby authorized A roll call vote was taken on the foregoing resolution with the following result. AYES: Jones, Killam, Kleinert, Whitehead, Carey and Daugherty. NAYS• None. Rage 1519 The Mayor requested the Council to establish a policy about private builders extending sewers at their own expense to take care of specific areas By Councilman Jones, it was resolved that this matter of sewers be placed on the table for further consideration at the next regular meeting The motion was lost for lack of support By Councilman Kleinert, it was resolved that the Council establish a policy of permitting individuals to construct sewers provided they meet with the requirements established by our Department of Public Works and City Engineer, with each individual plan being submitted to this Council for final approval President Daugherty ruled that the motion was out of order, because it was contradictory By Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, it was #1565 RESOLVED, that the Mayor 's recommendations regarding individual subdividers and builders constructing sewers be tabled. The City Clerk, Marie W Clark, read a letter from the Board of Water Commissioners addressed to Mayor Hartom dated June 26, 1954. Water Commissioner Edwin J Best appeared before the Council to express his opinion regarding pay authorization for the Board of Water Commissioners The City Clerk read Section 1 and Section 4 of Chapter V of the Charter of the City of Livonia to the Council President Daugherty relinquished the chair to Vice President Kleinert at 10:25 P. M., and was excused at 10.35 P M The City Attorney read the amendment to Ordinance No. 44. Councilman Daugherty returned at 10:38 P M. Councilman Killam introduced the following Ordinance- Page 1520 i NO AN ORDINANCE AMENDING SECTION 13 OF ORDINANCE NO 44 OF THE CITY OF LIVONIA ENTITLED, "AN ORDINANCE REGULATING THE MAKING, FILING, APPROVING AND REJECTING OF PLATS, AND PROVIDING FOR MINIMUM IMPROVEMENTS, INSPECTION OF LAND AND IMPROVEMENTS, FILING OF BOND, INSPECTION AND FILING FEES, ADMINISTRATION OF THIS ORDINANCE, ADOPTION OF REGULATIONS HEREUNDER AND PENALTIES FOR VIOLATION HEREOF THE CITY OF LIVONIA ORDAINS Section 1. Section 13 of Ordinance No 44 of the City of Livonia entitled, "An Ordinance Regulating the Making, Filing, Approving and Rejecting of Plats; and Providing for Minimum Improvements, Inspection of Land and Improvements, Filing of Bond, Inspection and Filing Fees, Administration of this Ordinance, Adoption of Regulations Hereunder and Penalties for Violation Hereof", is hereby amended to read as follows. Section 13. Minimum Requirements as to Improvements Minimum requirements as to improvements, as to kind, description, quality and quantity, in or on any lands within a proposed plat are hereby established as follows. (a) Roads, Streets and Sidewalks All roads, streets and sidewalks shall be furnished and constructed in conformance with the Subdivision Regulations and the Master Plan of the City of Livonia, as heretofore or hereafter adopted by the Planning Commission: 1. Residential Streets (a) Concrete paving with monolithic curb and gutter 31 feet back to back of curbs 8 - 6 - 8 pavement design Alternate (b) Concrete curb and gutter, 18 inch apron 31 feet back to back of curbs 6 inches compacted slag 2 inches compacted gravel 2 inches hot mix asphalt surface 2 Half Mile Roads Concrete paving with monolithic curb and gutter 34 feet back to back of curbs 9 - 7 - 9 pavement design 3. All manholes, water gates, hydrants and shutoff boxes to be adjusted to proper grade in relation to curb and sidewalk Page 152.1 4 All subdivision monuments to be checked after all improvements are installed and to be corrected or replaced as necessary and set to within 2 inches of finish grade. 5 All sidewalks shall be constructed from curb to sidewalk at all street intersections. 6 That the Department of Public Works may require roadway widths and designs in excess of the above specifications rkienever deemed necessary for the safety and welfare of the pe cele of Livonia (b) Trees All t rees shall be furnished and planted in con- formance with tke regulations of the Department of Parks and Recreation, as adopted pursuant to Ordinance No 41 of the City of Livon4_a, also known as the Tree and Shrubbery Ordinance (c) Street Signs Street signs shall be furnished and installed in conformance with the Subdivision Regulations (d) Other Improvements All other improvements not specifically mentioned in this section shall be constructed and installed in conformance with the Subdivision Regulations, and the regulations and specifications of the Department The establishment of the foregoing minimum requirements shall not in any way prevent the Council from imposing such additional requirements as may be authorized by law, including the Platting Act. Section 2. Any person who shall vio late or fail to comply with any of the provisions of this ordinance, or any of the regulations adopted in pursuance hereof, shall be guilty of a misdemeanor and upon conviction the reof shall be punished by a fire not exceeding Five Hundred Dollars ($500.00), or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment in the discretion of the Court Each act of violation and every day upon which such violation shall occur shall constitute a separate offense Section 3, All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the necessary to give this ordinance full force and effect Section 4.. If any part of parts of this ordinance are for any reason held to be invalid, such decision shall not affect the validity of t he remaining portions of this ordinance The above Ordinance was placed on the table for further consideration at the next regular meeting of the Council, July 12, 1954. The President resumed the chair at 10.45 P M Page 1522 Councilman Jones asked the Mayor for a report of the fire at the Race Track The City Clerk read a letter addressed to the Michigan Racing Association dated June 18, 1954, from Arnold C Renner, Chief Fire Marshall, as follows. "Representatives of this department and officials of the Livonia Fire Depart- ment recently made an inspection of the above captioned race track From the report submitted to this office and by the authority given under Act 207 of the Public Acts of 1941, as amended, we request that you comply with the following orders within the next 30 days; "1 Each barn that is constructed of combustible material, containing more than 24 stalls, shall be subdivided by standard fire walls These walls to be constructed of masonry material at least 8 inches thick and located so that there will be no more than 20 stalls in any section These walls are to be built from below floor level directly to the roof and are to be airtight and to extend out to the outer edge of the eaves in the walking area. Any opening through this wall, such as is needed in the walking area, shall be protected by a standard automatic closing fire curtain These walls need mt be parapeted through the roof provided that an approved fire retardent paint be applied on the ceiling at least five feet from each side of the wall "2. No vehicles shall be allowed to park in the stable area, except in approved and designated parking spaces "3. There shall be no heating appliances of any type allowed in the stalls or tackrooms. This is to include electric heaters, and hot plates, calrod water heaters, kerosene, gasoline or gas heater, or any stove that burns coal, wood or fuel oil This order does mt apply to tackrooms constructed of fire resistant material, but in all cases, the chief of the local fire department shall approve of the heating element "4 Discontinue the use of over-fused branch lighting circuits as it was found that all circuits using plug type fuses were over fused, and it is recommended that all fuse boxes be kept locked and that the track electrician be called to replace all fuses, who shall be the only person to carry keys to these boxes. This is also to apply to circuit breaker boxes "5 There shall be an adequate fire alarm system to call the local fire department, either by direct telephone line to the fire department or by alarm boxes tied into the local alarm system The number and location of such alarm stations to be determined by the local fire chief. "6 There shall be adequate alarm sounding devices, such as sirens for alarming track personnel, with coded signals if desired by the local fire chief, the number and location of such devices to be decided by the local fire chief "7. The water supply shall be such in the barn area that hydrants are located and spaced so that a line will not have to be stretched more than 300 feet from any given barn. Page 1523 L "8 All new stables and tackrooms constructed in the future shall be constructed of non-combustible material, such as masonry "9 Allow no smoking in the stalls or under the canopy in front of the stalls "I trust we may have your cooperation in compliance of the above orders." By Councilman Kleinert, seconded by Councilman Killam and unanimously adopted, it was #1566 RESOLVED, that the Group Life Insurance For the City of Livonia with the Great West Life Assurance Company be renewed on July 1, 1954 for one year with the increased benefits as proposed in letter of Edward Blankenhagen, agent, dated June 23, 1954. By Councilman Kleinert, seconded by Councilman Whitehead and unanimously adopted, it was #1567 RESOLVED, that the street names as originally shown on the proposed plat of Rosedale Gardens Subdivision No 14, such plat having been approved by the Council on June 14, 1951, are hereby accepted. The City Clerk read the report on J Ziegler Woods Subdivision No. 2 from the Planning Commission, Fire Department and Waring and Johnson and submitted the plat for the Council to study Mr Leonard Farber representing Rose-Hill Builders and Mr. J. Ziegler of Bonaparte Subdivision appeared before the Council By Councilman Kleinert, seconded by Councilman Carey and unanimously adopted, it was #1568 RESOLVED, that the proposed J. Ziegler Woods Subdivision No 2 located north of Dover Avenue between Middlebelt and Henry Ruff Roads in the southeast quarter of Section 35 as approved by the City Planning Commission at a public hearing held on June 15, 1954 in which the Planning Commission has given J Ziegler Woods Subdivision No 2 plat tentative approval subject to a six foot easement being provided by Rose-Hill Builders along the south side of the Subdivision; the Council does hereby approve said Subdivision with the provision that the easement be cleared of trees by the Subdivider, and that said Subdivision will not be finally approved until the plans for improvements shall have been approved by the Department of Public Works and a bond set in accordance with the provisions of Ordinance No 44 of theCity of Livonia. A recess was called at 11.25 P M , after which the meeting resumed with all members present who were named as present in the original roll call of this meeting 1 1 Page 1524 i The City Clerk, Marie W Clark, read reports on Devonshire Park Subdivision IL , from the City Planning Commission, Waring and Johnson, and presented copy of the Plat Mr Henry Alper was present By Councilman Kleinert, seconded by Councilman Carey, it was RESOLVED, that the plat of Devonshire Park Subdivision, as corrected, be tentatively approved A roll call vote was taken on the foregoing resolution with the following result AYES: Kleinert, Whitehead and Carey. NAYS, Kidlam, Jones and Daugherty, with the statement. pending a ruling from the Attorney General as to the legality of amending the Zoning Ordinance. The President declared the foregoing resolutioh was lost By Councilman Carey, seconded by Councilman Whitehead, and unanimously adopt eat, it was #1569 RESOLVED, that the petition of Michael A Vasail, et al, be tabled until the meeting of the Council July 12, 1954 at 9.00 P M By Councilman Whitehead, seconded by Councilman Carey and unanimously adopted, it was #1570 RESOLVED, that the Council suspend the order of business in order to take care of people who are waiting to be heard The City Clerk read petition of E. F. Chalfant, et al, for curbs on Brookfield from Orargelawn to West Chicago Mr Chalfant and Mr. W W Bleakley of Shelden Land Company were present By Councilman Jones, seconded by Councilman Whitehead and unanimously adopted, it was #1571 RESOLVED, that the petition of E F Chalfant, et al, be tabled pending information from the Shelden Land Company The City Clerk read letters from Shelden Land Company, the Department of IL Parks and Recreation, Livonia Public Schools, City Planning Commission, Waring and Johnson, Wayne County Road Commission and Hubbell, Roth and Clark regarding Rose— dale Meadows Subdivision 1 i Page 1525 By Councilman Killam, seconded by Councilman Carey and unanimously adopted, it was #1572 RESOLVED, that the recommendations of the City Planning Commission dated June 21, 1954 be accepted and Rosedale Meadows Subdivision be approved with the provision that the turning radius on certain streets be 50 feet, and the paving on the other streets be 31 feet, back to back The City Clerk read resolution of April 7, 1954 setting bond at $230,000 00 for Pearl Wilson Subdivision, the engineer's report dated May 5, 1954, breaking the Subdivision in sections and setting separate bonds, also letter from the City Attorney, dated May 12, 1954, approving the first section By Councilman Jones, seconded by Councilman Whitehead, it was #1573 RESOLVED, that the approval of t he plat and bond of Pearl Wilson Subdivision in the amount of $230,000 00 on April 7, 1954, be rescinded and that the new plat, divided into four parts, be approved and that the part knovai as Pearl Wilson be approved and that the bond in the amount of $80,000 00 be approved LA roll call vote was taken on the foregoing resolution with the following result: r ' AYES: Jones, Killam, Kleine rt, Whitehe ad, Carey and Daugherty NAYS. None The President declared the foregoing resolution wad adopted. The City Clerk read a letter from the Civil Service Commission dated June 17, 1954, requesting appropriation to Employees' Retirement Fund. By Councilman Jones, seconded by Councilman Killam, it was #1574 RESOLVED, that the reaue st of the Civil Service Commission for $3,038 17 for Employees' Retirement Fund be approved and that this amount be 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, Whi tehe ad, Carey and Daughe rty NAYS: None The President declared the foregoing resolution was adopted 3 The City Clerk, Marie W Clark, read Petition No Z-51 of Walter P Penczak for rezoning, also Planning Commission's recommendation. Page 1526 By Councilman Whitehead, seconded by Councilman Killam and unanimously adopted, it was #1575 RESOLVED, that the report of the City Planning Commission dated June 18, 1954, on Petition No Z-51 of Walter P Penczak for rezoning be approved and said petition is hereby denied. Councilman Kleinert brought up a discus sion regarding the Department of Law, but due to the late hour, it was decided that no formal action should be taken on the matter at this time By Councilman Kleinert, seconded by Councilman Jones, it was #1576 RESOLVED, that the City of Livonia shall enter into a contract with the Wayne County Road Commission as necessary for the purpose of having such Commission widen the paving of t he two miles of Middlebelt Road between Five Mile Road and Plymouth Road, that this widening shall be from the present two traffic lanes to four traffic lane construction according to specifications to be prepared by the Wayne County Road Commission• that , in view of the total costs estimated and presented to this Council and of the re spe ctive obligations of the County of Wayne and the City of Livonia, such contract shall specify that the City of Livonia will assume a tot al cost not to exceed $100,000.00, that payment of this sum shall be made in two parts, $50,000 00 at the start of con- struction and the balance on or before February 28, 1955, and that the initial amount of $50,000.00 is hereby appropriated from the Unallocated Fund to the Special Trust Fund to be used for this purpose, and that such transfer is not to be made until August 1, 1954, and that the Mayor is hereby authorized to establish the balance of $50,000.00 in the budget for the fiscal year beginning December 1, 1954 and ending November 30, 1955; and that this re solution will not become effective until a contract has been entered into between the Wayne County Road Commissioners and the City of Livonia, that, should such contract fail to be consummated by November 30, 1954, then this resolution becomes null and void; that the Mayor and the City Clerk are authorized to affix their signatures to such contract on behalf of the City of Livonia and to do such other things as may be reasonably necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES. Jones, Killam, Kleine rt, Whit ehead and Carey NAYS• Daugherty. The President declared that the foregoing resolutionw as adopted By Councilman Carey, seconded by Councilman Whit ehead and unanimously adopted, it was Page 1527 #1577 RESOLVED, that the following items: Request of John Polinsky, 8997 Deering, to tap sewer north of Joy Road, Proposed resolution from Councilman Kleinert Re Dept of Law, Reouest of Justice Court for Air Conditioning; Resolution from Councilman Kleinert re method of selection of Class C applicants, arxi Resolution from Councilman Kleinert re subdivision requirements; be tabled until the next regular meeting of the Council, July 12, 1954. By Councilman Jones, seconded by Councilman Killam and unanimously adopted, it was resolved that this regular meeting of the Council of the City of Livonia be adjourned, the time of this adjournment being 1 46 A M , June 29, 1954 -ri W Clark, City Clerk Attested: 111 Jo T Daughe rty, Pre sid ant of gCounci ' dolf ' Kleinert, Vice President of the Council