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HomeMy WebLinkAboutCOUNCIL MINUTES 1954-09-13 Page 1592 MINUTES OF THE ONE HUNDRED TWENTY—SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 13, 1954, the 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 , John T Daugherty Councilman Kleinert gave 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. By Councilman Killam, seconded by Councilman Jones and unanimously adopted, it was #1720 RESOLVED, that the minutes of the 125th regular meeting held August 23, and the adjourned 125th regular meeting of the Council held August 30, 1954, be approved as submitted By Councilman Jones, seconded by Councilman Kleinert and unanimously r.am adopted, it was #1721 RESOLVED, that the minutes of the 21st special meeting of the Council of the City of Livonia held Sept ember 1, 1954, be approved as submitted By Councilman Kleinert, secorxied by Councilman Whitehead and unanimously adopted, it was #1722 RESOLVED, that the Council suspend the regular order of business to take up certain items on the agenda wherein interested persons were waiting to be heard on tho se items By Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, it was #1723 RESOLVED, that Mr George D Haller is hereby retained as a special legal advisor to the Council of the City of Livonia at a monthly fee of $300 00, which sum shall entitle the Council to thirty (30) hours of legal services, which services will be performed according to requests of the Council or any individual Councilman with the concurrence of the Council President, and that any further services will be compensated for on an hourly basis at the same rate upon submission of a proper voucher .... approved by the Council President or Vice—President, and be it further resolved that this arrangement will continue in effect until dissolved by farther action of the Council Page 1593 The hour of 8:30 P M. , having arrived, the City Clerk opened and read the following bids for a Ford Customline Country Sedan. 1. Paul J. Weidman, Inc $1,040 07 Add $45.75 for Nylon tires. 2. Clarence Bell 2,035.47 Alternate 1,781 50 3 Ralph Ellsworth $1,945.43 Trade In 1,150.00 Net 795 43 4 Floyd Rice $1,882.62 Trade In 1,142.62 Net 740 00 By Councilman Jones, seconded by Councilman Carey and unanimously adopted, it was #1724 RESOLVED, that the foregoing bids for Ford Custom Line Country Sedan for the Red Cross be referred to the Department of Public Safety for oonsixieration and recommendation. Councilman Killam announced the following bids onthe Public Address System for the City Hall: 1 H & M Electric Co. $ 750.00 2 Radio Specialties Co. 651.27 By Councilman Killam, seconded by Councilman Jones, it was #1725 RESOLVED, that on recommendation of the Electronics Committee, the bid of Radio Specialties Company in the amount of $651 27 be accepted and the City Clerk authorized to issue a purchase order in conformance with this resolution and that such sum 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• Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty NAYS: None, By Councilman Edgar, seconded by Councilman Carey, it was #1726 RESOLVED, that on recommerxiation of the Department of Public Safety, the bid of Floyd Rice in the amount of $740,00 for a Ford Custom Line Country Sedan for the Red Cross be accepted, that the amount of $741 00 is hereby appropriated from the Unallocated Fund for this purpose, and the City Clerk is authorized to issue a purchase order in conformance with this resolution r.. 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 1594 By Councilman Kleinert, seconded by Councilman Killam, it was #1727 RESOLVED, that in consideration of the correction of the �• objections, defects and irregularities pertaining to the operation of the Michigan Barn Dance, immediately upon withdrawal of bill of complaint in Wayne County Circuit Court Chancery Action #511-891 of Samuel I. Clark, plaintiff, the City Clerk be and hereby is directed to issue to said Samuel I Clark, a current year license to operate his dance hall business at 36728 Seven Mile Road, under the provisions of City of Livonia Ordinance No. 12, as amended by Ordinance No. 37, and be it further resolved, providing application is made on proper forms not later than September 30, 1954, the Bureau of Inspection be and hereby is directed to issue to Samuel I. Clark a certificate for a valid non-conforming use under the provisions of Ordinance No 60. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Kleinert and Daugherty. NAYS• Whitehead, Carey arra Edgar The President declared the resolution was adopted. The City Clerk, Marie W Clark, read letter to Mr Nandino Perlongo dated September 4, 1954, and Mr. Perlongo's answer dated September 13, 1954. By Councilman Kleinert, seconded by Councilman Carey, it was #1728 RESOLVED, that the sum of $2,500.00 is hereby appropriated from the Unallocated Fund to a special budget account to be designated as Special Counsel Fees for the Legislative Body, and that such appropriation be and hereby is approved A roll call vote was taken on the fore going re solution with the following result: AYES. Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty NAYS• None By Councilman Kleinert, seconded by Councilman Edgar, it was #1729 RESOLVED, that in accordance with a letter from Mr Nandino Perlongo dated September 13 , 1954, the Council does hereby authorize the payment of $1,000 from the Special Counsel Fees for the Legislative Body Account to th e said Mr Perlongo as a retainer fee to represent Chief of Police George Harmon in Wayne County Chancery Case #277,778 A roll call vote was taken on the foregoing resolution with the following result• AYES: Kleinert, Whitehead, Carey and Edgar. NAYS: Jones, Killam and Daugherty The President declared the resolution was adopted. Page 1595 The City Clerk read a letter from Police Chief George Harmon dated September 13, 1954, in regard to speed limits in school areas. By Councilman Jones, seconded by Councilman Edgar and unanimously adopted, it was #1730 RESOLVED, that the Police Department be instructed to enforce the speed limits in all school zones, as posted The City Clerk, Marie W Clark, read a letter from Larry Lee, 27814 Six Mile Road, dated August 19, 1954, regarding the purchase of certain property By Councilman Killam, seconded by Councilman Jones and unanimously adopted, it was #1731 RESOLVED, that the request of Mr Larry Lee to purchase certain property from the City of Livonia be referred to the Depart- ment of Public Works for report and recommendation and legal counsel to check the legal description of the property President Daugherty declared a recess at 9:26 P. M., after which the Council resumed with all members present who were named as present in the lib original roll call of this meeting The City Clerk read a letter dated September 1, 1954, from Dickinson, Wright, Davis, McKean & Cudlip, transmitting petition of National Bank of Detroit. Mr. Robinson of the National Bank of Detroit was present By Councilman Edgar, seconded by Councilman Carey and unanimously adopted, it was #1732 RESOLVED, that, having considered the petition of the National Bank of Detroit dated September 1, 1954, and the plan attached to original petition dated June 10, 1954, the Council does hereby authorize the re- location of the two (2) Detroit Edison poles, the pavement and installation of curbing on a portion of the alley running parallel to Plymouth Road be- tween Hubbard Road and Cranston Avenue, and installation of the green belt, all in accordance with the plan attached to the petition of the National Bank of Detroit; and that the fulfillment of all requests in said petition shall be performed at the expense of said petitioner Low The City Clerk read communication dated September 7, 1954, from Rose Hill Builders, regarding release of bond on Cooperspoon Subdivision Mr. Hamill, Page 1596 Mr Nicholas and Mr Aubrey Ettenheimer appeared before the Council in this matter r.. By Councilman Kleinert, seconded by Councilman Edgar and unanimously adopted, it was #1733 RESOLVED, that when the certification from the Department of Public Works has been received by the City Clerk stating that all corrections on improvements have been made as stated in the report of the Department of Public Works dated September 7, 1954; and there is filed with the City Clerk the surveyor's certificate stating that all monuments are in place, the Council does hereby authorize the release of the bond on Cooperspoon Subdivision in the amount of $80,000.00, and that the City Clerk do all things necessary to the full performance of this resolution The City Clerk read communication dated September 7, 1954, from Rose Hill Builders, regarding release of bond on Cooperspoon Subdivision No 2. By Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, it was #1734 RESOLVED, that when the certification from the Department of Public Works has been received by the City Clerk stating that all corrections on improvements have been made as stated in the report of the Department of Public Works dated September 7, 1954; and there is filed with the City Clerk the surveyor t s certificate stating that all monuments are in place; the Council does hereby authorize the release of the bond on Cooperspoon Subdivision No 2 in the amount of $80,000 00, and that the City Clerk do all things necessary to the full performance of this resolution. By Councilman Edgar, seconded by Councilman Jones and unanimously adopted, it was #1735 RESOLVED, that the request of Rose Hill Builders dated September 7, 1954, for release of Bond on Cooperspoon Subdivision No 3, be tabled, pending a report from the Departrent of Public Works. By Councilman Edgar, seconded by Councilman Whitehead and unanimously adopted, it was #1736 RESOLVED, that when the certification from the Department of Public Works has been received by the City Clerk stating that all corrections on improvements have been made as stated in the report ""' of the Department of Public Works dated September 2, 1954, and there Page 1597 is filed with the City Clerk the surveyor's certificate stating that all monuments are in place; the Council does hereby authorize the release of the bond on Greenette Subdivision in the amount of $60,000.00, and that the City Clerk do all things necessary to the full performance of this resolution By Councilman Carey, seconded by Councilman Jones and unanimously adopted, it was #1737 RESOLVED, that the request of Henry S.Alper dated September 9, 1954, for release of bond on Belaire Subdivision be tabled pending a report from the Department of Public Works. The City Clerk read a letter dated September 3, 1954, from the Belaire Woods Civic Association. Councilman Whitehead was excused at 10:40 P M , and returned at 10:45 P M By Councilman Edgar, seconded by Councilman Carey and unanimously adopted, it was #1738 RESOLVED, that the request of Belaire Woods Civic Association dated September 3, 1954, for paving of West Chicago Road, be tabled until submission of the budget for next year, wherein this item is to be included under capital improvements. The City Clerk, Marie W Clark, read letter dated July 22, 1954, from the City Planning Commission regarding Olde Indian Trail Subdivision. Mr. Warner appeared before the Council on this natter President Daugherty relinquished the chair to Vice President Kleinert and was excused at 11.03 P M He returned to the meeting at 11.10 P M , and resumed the chair at 11:15 P. M. By Councilman Edgar, seconded by Councilman Carey and unanimously adopted, it was #1739 RESOLVED, that Olde Indian Trail Subdivision be referred back to the City Planning Commission for consideration regarding lot widths, recreation areas, elimination of some cul de sacs and also consideration of surrounding plats. The City Clerk read a letter from the Traffic Commission dated August �..� 25, 1954, which was received and placed on file. Page 1598 By Councilman Kleinert, seconded by Councilman Killam and unanimously adopted, it was #1740 RESOLVED, that the Department of Parks and Recreation be and hereby is directed to enter into negotiations with the Shelden Lard Company for the acquisition of approximately twenty (20) additional feet of property immediately to the rear of Fire Station No 2 on Farm- ington Road, in order to make recreation space available for members of the Fire Department on duty there and in order that the space may be available for the possible future erection of a public comfort station for the convenience of the many citizens patronizing the shopping areas in the vicinity of Plymouth and Farmington Roads and in order to make possible the recreational use of vacant properties in that vicinity By Councilman Kleinert, seconded by Councilman Carey and unanimously adopted, it was #1741 RESOLVED, that WHEREAS, Mr and Mrs Robert G Everhart, parents of Diane Everhart, who was fatally injured by City of Livonia vehicle operated by City employee, have requested through their attorneys, that the City of Livonia make some offer of compensation over and above that which has been offered for insurance settlement, and OF WHEREAS, all factors pertaining to this question have been carefully considered, Imes BE IT NOW REGRETFULLY RESOLVED, that the City of Livonia, as represented by this Council, can make no such offer. The City Clerk read recommendation of the Mayor dated September 8, 1954, and letter from the Chief of the Fire Department dated September 7, 1954. By Councilman Jones, seconded by Councilman Carey, it was #1742 RESOLVED, that upon request of Fire Chief Roberts dated September 7, 1954, the sum of $1600.00 is hereby appropriated from the Unallocated Fund to be transferred to Fire Department Account No. 1-A. A roll call vote was taken on the foregoing resolution with the following result• AYES: Jones, Killam, Kleinert, Whit ehead, Carey, Edgar and Daugherty. NAYS. None By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #1743 RESOLVED, that the Council does hereby approve the request of the Livonia Police Officers Association dated September 3, 1954, for the installation of a cigarette vending machine, the proceeds Page 1599 from this machine to be placed in the treasury of the Livonia 111 Police Officers Association. The City Clerk read letter from John Stoughton, Chairman of the Zoning Board of Appeals, dated August 22, 1954 By Councilman Whitehead, seconded by Councilman Edgar and unanimously adopted, it was #1744 RESOLVED, that the Council of the City of Livonia does hereby express its high esteem and gratitude for Mr John L. Stoughton's splendid work, leadership and unselfish service, not only in the performance of his duties as Chairman of the Zoning Board of Appeals, but on all other service matters with- in our new City of Livonia, and that this resolution be trans- mitted to Mr Stoughton over the names of each member of the City Council. By Councilman Kleinert, seconded by Councilman Edgar and unanimously adopted, it was #1745 RESOLVED, that , pursuant to Section 19.01 of the Zoning Ordinance of the City of Livonia, Ordinance No. 60, and Section 5, Act 207, Public Acts of Michigan, 1941, as amended, Robert H Lorion, 9919 Hubbard, is hereby appointed as a member of the Zoning Board of Wom Appeals to fill the unexpired term of John Stoughton who resigned, which term expires on July 7, 1956, with all of the authorities arra duties set forth in said Zoning Ordinance and Act 207 The City Clerk read the report of the Justice Court and Violations Bureau for the month of August , 1954, which was received and placed on file Councilman Kleinert introduced an amendment to the Traffic Ordinance By Councilman Jones, seconded by Councilman Carey, it was #1746 RESOLVED, that the Ordinance amending Ordinance No 21 be tabled until it can be amended to include School zones. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Whitehead, Carey, Edgar and Daugherty NAYS: Kleinert By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #1747 RESOLVED, that Page 1600 WHEREAS, a lack of sanitation sewers in the central portion of Livonia is jeopardizing the health and welfare of our citizens, and progress of construction of necessary schools, and WHEREAS, the City Council of Livonia did act upon resolution No. 1465 May 10, 1954, and resolution No 1703 on August 30, 1954, so as to make possible the attainment of necessary and equitable financed sewers, and WHEREAS, litigation was instituted in Circuit Court by Chancery Action No 518,667, Raymond vs City of Livonia, because of this action by the City Council; this resulting in a restraining order upon the City of Livonia preventing the City of Livonia from putting said resolution into effect until said litigation is culminated, and WHEREAS, this honorable body is desirous of removing any and all barriers which could further obstruct attainment of an equitable program of sewer facilities, NOW THEREFORE BE 1T RESOLVED, that resolution No. 1465 and No 1703 are hereby rescinded and held for nought By Councilman Killam, seconded by Councilman Kleinert and unanimously adopted, it was #1748 RESOLVED, that WHEREAS, resolution #1018 unanimously adopted at the adjourned regular meeting of the Council of the City of Livonia on April 14, 1954, directed that the City Attorney make a general investigation of all con- ditions pertaining to and reasons for the original adoption of resolutions 956, 967, 977, 978, 985, 986, 987, 988, 989, 990, 992, 993, 994, 998, 1001, 1002, 1003, and 1004 and report the results thereof to this Council, and WHEREAS, only verbal incomplete reports pertaining to resolutions 956, 967, 977, 978, 989, 990, 993 and 994 have been received to date, and as no written reports, recommendations or opinions have been received on a majority of these items which led to the action of resolution #1018, and WHEREAS, such information is necessary in order that this Council may take action on the remaining items which were covered in Mayor Hartom's veto message of April 12, 1954, BE IT NOW RESOLVED, that the City Attorney is hereby directed to submit final or interim reports or recommendations on these matters to the Council not later than September 27, 1954, and BE IT FURTHER RESOLVED, that until such reports or recommendations are submitted and until further instructions to proceed are issued by this Council, that any investigatory powers given, intended or assumed under resolution #1018 are hereby suspended By Councilman Kleinert, seconded by Councilman Carey and unanimously adopted, it was #1749 RESOLVED, that upon deposit of a $10,000.00 cash bond by Shelden Land Company for balance of paving in Rosedale Gardens Sub- division No 14, the Bureau of Inspection is authorized to issue building permits in said subdivision Page 1601 By Councilman Killam, seconded by Councilman Jones and unanimously adopted, this 126th regular meeting of the Council of the City of Livonia was duly adjourned at 12:35 A M , September 14, 1954 rieW Clark, City Clerk Attested. 1%:5 Jo T. Daugherty, President of k .e Council fA&A Rudolf RjKleinert, Vice President of the Council