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HomeMy WebLinkAboutCOUNCIL MINUTES 1954-10-25 Page 1643 MINUTES OF THE ONE HUNDRED TWENTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 25, 1954, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8.40 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, Nettie Carey and Wilson W. Edgar. Absent: None. By Councilman Killam, seconded by Councilman Carey and unanimously adopted, it was #1818 RESOLVED, that the Council suspend the regular order of business to open bid s for certain equipment 4nd to take up such other matters as appear on the agenda The City Clerk, Marie W Clark, thereupon opened and read the following bids• International Truck Model RM-122 1 Budd Motor Sales 13,032 71 2 International Harvester Company 3,122.37 Oliver Model 88 Industrial Wheel Tractor 3 Cyril J Burke, Inc. 10,145.00 Ka-Mo Earth Boring Equipment 4 Contractors Machinery Company 958.84 By Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, it was #1819 RESOLVED, that the foregoing bids for equipment for the Water Department be referred to the Board of Water Commissioners for report and re commendatio n By Councilman Whitehead, seconded by Councilman Jones and unanimously adopted, it was #1820 RESOLVED, that the minutes of the 128th regular meeting of the City Council held October 11, 1954, and the adjourned 128th regular meeting held October 18, 1954, are approved as submitted. Page 1644 By Councilman Jones, seconded by Councilman Kleinert and unanimously 111 adopted, it was #1821 RESOLVED, that the minutes of the 24th Special Meeting of the City Council held October 19, 1954, are approved as submitted The City Clerk read a letter from Joseph Richards dated October 20, 1954, and letter from the Michigan Liquor Control Commission dated October 6, 1954 By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #1822 RESOLVED, that the Council, having approved, under date of August 9, 1954, the request of Joseph Richards for transfer of exist- ing tavern license held by Arthur Collins, 33601 Plymouth Road, and did likewise approve the new location as set forth in such resolution, and it appearing that such location met with disfavor by the Michigan Liquor Control Commission, the Council does hereby approve the transfer of said license from 33601 Plymouth Road to a new location at 35085 Plymouth Road The City Clerk, Marie W. Clark, read a letter from the City Planning Commission dated October 7, 1954, letter from Mrs George Reynolds dated September 24, 1954 and Petition No. Z-62 of Mr. and Mrs Dwight Morris. Mr Nandino Perlongo, attorney, appeared before the Council as legal representative of the petitioner, Mr Dwight Morris Mr. William Robinson of the City Planning Commission and Dwight Morris also were asked for comments on such petition By Councilman Carey, seconded by Councilman Kleinert and unanimously adopted, it was #1823 RESOLVED, that the report and recommendation of the City Planning Commission dated October 7, 1954, on Petition No Z-62 of Mr and Mrs Dwight Morris for change of zoning classification in the Northeast 1/4 of Section 31 from RUFB to C-2 has been considered and such petition is hereby approved; and Mr. George Haller, Special Legal Advisor, is directed to prepare an amendment to the Zoning Ordinance No 60 in accordance with this resolution The City Clerk read a letter from the City Planning Commission dated October 21, 1954, on Petition No. Z-60 By Councilman Kilian, seconded by Councilman Kleinert and unanimously adopted, it was Page 1645 #1824 RESOLVED, that the report and recommendation of the City Planning Commission dated October 21, 1954, on Petition No Z-60 as submitted by Thomas F O'Connor for change of zoning in the Southeast 1/4 of Section 10 from RUFB to R-1-A is hereby approved; and Mr George Haller, Special Legal Advisor is directed to prepare an amendment to the Zoning Ordinance No. 60 in accordance with this resolutio n. The City Clerk read a letter dated October 11, 1954 from Smiley Ringwald, Inc. Mr Harry E Smiley was present. By Councilman Kleine rt, seconded by Councilman Jones and unani nu sly adopted, it was #1825 RESOLVED, that the City Council does hereby concur with the recommendation of the City Planning Commission dated February 23, 1954, and does give tentative approval to the Smiley Ringwald Subdivision, located on the Northwest corner of Henry Ruff and Joy Road in the Southwest 1/4 of Section 35, provided, however, that final approval will not be given until the proprietor of said Smiley Ringwald Sub- division has presented the necessary plans on all improvements. A recess was called at 10.35 P M , after which the meeting resumed with all members present who were named as present in the original roll call of this ism meeting The Ordinance entitled, "An Ordinance Amending Section 5.1 of the Traffic Ordinance, Ordinance No 21 of the City of Livonia", introduced by Councilman Kleinert at the adjourned 128th regular meeting held October 18, 1954, was taken from the table and a roll call vote was conducted thereon with the following result• AYES* Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty NAYS: Jone s The President declared the foregoing Ordinance was duly adopted and will become effective upon date of publication, November 11, 1954 Councilman Jones made the following statement : "The Traffic Ordinance as presented to the City Council of the City of Livonia is, in the opinion of this Councilman, a sneak attack upon the safety of the school children of this City. I, therefore, expressly wish to state my position so that every citizen of the City immw of Livonia can be fully aware of this fact. I further wish to state that if, in Page 1646 the course of the enforcement of this Ordinance, the lives of some of the school children of this City are lost, it is my opinion that the County authorities should `.. be sued and made to pay the full expense of such actions " Councilman Daughe rty replied: "I think th e entire Council has taken action on the above Ordinance after due consideration in compliance with County and State re qui rement s and laws." The City Clerk read a letter dated October 22, 1954, from the Department of Public Works regarding release of bond in Smokier-Rousseau Subdivision By Councilman Whitehead, seconded by Councilman Killam and unanimously adopted, it was #1826 RESOLVED that, having considered the report of the Department of Public Works dated October 22, 1954, such report having been approved by the Mayor under date of October 25, 1954, wherein the Department of Public Works recommends that all improvement s be accepted by the City of Livonia; and the City Clerk has on file the certificate of the land sur- veyor; the Council does hereby release the bond on Smokier-Rousseau Subdivision dated October 29, 1953, in the amount of $90,000 00; and that the New Amsterdam Casualty Company, a New York corporation, 660 Penobscot Building, Detroit, Michigan, be ratified of such release. __ The City Clerk read a letter from the Department of Public Works dated October 15, 1954, and letter from the Mayor dated October 20, 1954, regarding the release of bond in Heiman Park Subdivision By Councilman Carey, seconded by Councilman Whitehead and unanimously adopted, it was #1827 RESOLVED that, having considered the report and recommendation of the Department of Public Works under date of October 15, 1954, and the letter from the Mayor dated October 20, 1954, the Council does hereby request that a maintenance bond in the amount of $3,000 00, to be retained for one year, be filed with the City Clerk; and that when such bond has been filed, the City Clerk is hereby authorized to release the existing bond dated February 10, 1954, of United States Fidelity and Guaranty Company, as surety, in the amount of $25,000.00, such bond having been posted to guarantee installation of improvements in Heiman Park Subdivision, located in part of the Northeast 1/4 of Section 9 The City Clerk read a letter from the Department of Public Works dated October 8, 1954, and letter from the Mayor dated October 12, 1954, in regard to sidewalks in Thomas Elliott Subdivision. By Councilman Edgar, seconded by Councilman Whitehead and unanimously Page 1647 adopted, it was #1828 RESOLVED, that the matter of sidewalks in Thomas Elliott Subdivision be referred to the Department of Public Works for an estimate of the cost for such installation By Councilman Kleinert, seconded by Councilman Killam, it was #1829 RESOLVED, that the request of Evelyn Burt of the Justice Court for reimbursement of 150 miles at the rate of eight cents per mile for the use of her personal car for banking detail from September 13 to October 22, 1954, be granted; and that the sum of $12.00 to cover such reimbursement be taken from the Miscellaneous Account of the Justice Court. 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. The City Clerk, Marie W Clark, read a letter from Leo 0 Nye of the Justice Court dated October 15, 1954, requesting an appropriation. By Councilman Killam, seconded by Councilman Jones, it was #1830 RESOLVED, that in accordance with the request of Judge Leo 0. bow Nye, the sum of 51,231 65 is hereby appropriated from the Unallocated Fund for the Salary Account of the Justice Court, to be divided as follows: J-1 $916.65 J-2 315 00 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 The City Clerk read a letter from the Mayor dated October 20, 1954, and letter of the City Clerk to the Council dated October 21, 1954, regarding omission of certain resolution numbers, which were received and placed on file By Councilman Carey, seconded by Councilman Jones and unanimously adopted, it was #1831 RESOLVED, that the recommendations of the Board of Water Com- missioners for purchase of the following equipment- "... International Truck Model RM-122 from Budd Motor Sales $3,032.71 Page 1648 Oliver Model 88 Industrial Wheel Tractor from Cyril J Burke, Inc. $10,145.00 wpm Ka-Mo Earth Boring Eauipment from Contractors Machinery Company 958.84 are hereby approved The City Clerk, Marie W Clark, read a letter from the Mayor dated October 15, 1954, vetoing "Ordinance Amending Sections 25, 28 and 32 of the Zoning Map of the City of Livonia, and Amending Article 3 00 of the Zoning Ordinance, Ordinance No. 60, of the City of Livonia, by Adding Thereto Sections 3 35, 3 36 and 3 37" Councilman Edgar introduced the following Ordinance: NO AN ORDINANCE AMENDIN SECTIONS 25, 28 and 32, OF THE ZONING MAP OF THE CITY OF LIVONIA, AND AMENDINS ARTICLE 3 00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60, OF THE CITY OF LIVONIA, BY ADDING THERETO SECTIONS 3 35, 3 36 AND 3 37 THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendations of the City Planning Cammission dated March 19, 1954, May 3, 1954 and May 21, 1954, on Petitions numbered Z-36-A, Z-48 and Z-49, to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all 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 3.35. Petition No. Z-36-A of Harry Smith, et al, is hereby granted; the zoning classific ation of thepremises described in said petitio n is hereby changed from R-U-F-B to C-2, as reque sted in said petition; and the Southeast 1/4 of Section 28 of said Zoning Map is hereby amended to conform to the change made in this section Section 3 36 Petition No Z-48 of Charles G Brown is hereby granted; the Zoning Classific ation of the premises described in said petition is hereby changed from R-U-F-B to C-2 as requested in such petition; and the Northeast 1/4 of Section 32 of said Zoning Map is hereby amended to conform to the change made in this section Section 3.37. Petition No. Z-49 of Don and Ruby F. Waldock is hereby granted, the zoning classification of the premises described in said petition is hereby changed from R-1-B to P as requested in said petition; ft.. and the Southeast 1/4 of Section 25 of said Zoning Map is hereby amended to conform to the change made in this section. Page 1649 Section 3. The attached map designated "Amendment No. 8 of the Zoning Map of the City of Livonia" showing all of the amendments and changes made in the fore- going Section 2 of this ordinance, is hereby approved, established and made a part hum 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 tnlding shall not be construed as affecting the validity of any of the remaining portion of this ordinance The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council, November 8, 1954. The City Clerk read a veto message from the Mayor dated October 15, 1954, on resolution No 1802 By Councilman Kleinert, seconded by Councilman Carey, it was #1832 RESOLVED, that resolution No 1802 be reintroduced as follows: RESOLVE), that Mr George Haller be and hereby is instructed to act as itmo Special Legal Advisor to the Zoning Board of Appeals and that the time expended for such services be considered as a portion of time expended in the services of the Council 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. *Councilman Jones abstained from voting, which under Ordinance No 27, Section 19, is recorded as a Yes vote The President declared the foregoing resolution adopted. The City Clerk, Marie W. Clark, read a veto message from the Mayor dated October 15, 1954, on resolution No. 1804. By Councilman Whitehead, seconded by Councilman Carey, it was #1833 RESOLVED, that re solution No. 1804 be reintroduced as follows: RESOLVED, that the Council does hereby concur with the recommendation of the City Planning Commission dated February 26, 1954, and does hereby give tentative approval to the Phil Ritz Subdivision located approximately 500 feet East of Middlebelt Road in the Northwest 1/4 of Section 13, pro- vided, however, that final approval will not be given until the proprietor of said Phil Ritz Subdivision has presented the necessary plans on all improvements Page 1650 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 im` The President declared the resolution was lost for want of a 2/3 majority vote and the Mayor's veto is upheld By Councilman Kleinert, seconded by Councilman Whitehead, it was #1834 RESOLVED, that the question of reimbursement to Mr Russell Ashmore for expenses submitted, be tabled pending a decision in the Wayne County Court Case No. 52 -017, in Chancery. A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty NAYS: Jones. The President declared the f ore goi ng resolution adopted. By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #1835 RESOLVED, that Mr George Haller be and hereby is directed to prepare the necessary anerd.ment to the Zoning Ordinance No. 60, pursuant to resolutions No. 1811 and 1812, passed by the Council at the adjourned 128th regular meeting held October 18, 1954 By Councilman Whitehe ad, seconded by Councilmen Killan, it was Ir... #1836 RESOLVED that, a co ntract having been ente red into on July 3, 1953, by the City of Livonia as otine r, and Fattore Company as contractor, for the installation of storm and sanitary sewers to serve the General Motors Chevrolet Spring and Bumper Plant, and that estimates 1 through 4, having been previously paid, the Council does hereby approve payment of estimate #5 (final) in the amount of $14,168.86; and that such final pay- ment is predicated pursuant to the report o f the D epartnent of Public Works dated October 25, 1954; and that the City Clerk an the City Treasurer are hereby authorized to do all things necessary to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the f ollowing result. AYES. Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS• None Councilman Jones, chairman of the Finance Committee, read the report of the Finance Committee for September, 1954. By Councilman Edgar, seconded by Councilman Carey, it was #1837 RESOLVED, that, the report of the Finance Committee for the r... month of Sept ember , 1954, is hereby approved and a summary of such Page 1651 report is spread upon the minutes of this meeting as follows: General, Administrative & Legislative• lie Executive $ .50 Legislative 3,147.18 City Treasurer 41 97 City Clerk 402.69 Dept. of Law 34 50 Justice Court 308 56 Election Commission 242.59 Civil Service Commission 347 45 City Planning Commission 562 93 Court Building 329.59 City Hall 403.34 Civilian Defense 53 84 Board of Appeals 5.00 $ 5,880.14 Department of Public Safety: Police Department 3,782 36 Fire Department 6,018.02 Inspection Department 688.04 10,488.42 Department of Public Works 6,609.79 6,609.79 Department of Parks & Recreation 939.02 939.02 Ihm 23,917.37 Goner al Ledger Accounts: Insurance 2,761.88 Retirement 2,164 01 Acquisition of Land 7.42 Contracts Payable 2,586 43 Reserve for Encumbrances ?5 00 Inventory Accounts 1,471.40 Advances 22.77 9,088.91 $33,006.28 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 Jones, seconded by Councilman Killam and unanimously adopted, it was #1838 RESOLVED, that Mr. George Haller, Special Legal Advisor, be authorized to contact Edward Rose & Sons and prepare the necessary papers to complete the agreement for lots 45, 46 and 106 located in Edward Rose Chicago Heights Subdivi sion to be deeded to the City Page 1652 On motion of Councilman Whitehead, seconded by Councilman Carey and unanimously adopted, this 129th regular meeting of the Council of the City of Livonia was duly adjourned at 12:37 A.M., October 26, 1954 ie k2 Z(7 ( ;52 l<:::k, City Clerk Attested: Nob 1111116 Jo :ughe rty, President of the •• - it Rudolf R einert, Vice President of the Council