Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1952-12-08 Page 961 MINUTES OF THE EIGHTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA im On December 8, 1952, above meeting was held at 33211 W. Seven Mile Road, Livonia, Michigan, and was called to order at approximately 8:03 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, Harold Bower, Nettie Carey, William Taylor and John Whitehead. Absent-- None. The minutes of the 83rd regular meeting of the Council held on November 24, 1952, were read and approved Mayor Ziegler submitted to the Council a tabulation dated December 6, 1952, from the City Engineer on bids for the culvert at the Rouge Creek crossing and Angling Road By Councilman Edgar, seconded by Councilman Whitehead and adopted as follows, it was• IL #306 RESOLVED that, pursuant to the recommendation of the City Engineer, the bid of George A. Odien, Inc. in the amount of $15,682.00 on the construction of a culvert at Rouge Creek Crossing and Angling Road is hereby accepted and the Mayor and City Clerk are authorized to affix their signatures to the contract consistent to the terms of such bid and 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. Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe. NAYS: None By Councilman Taylor, seconded by Councilman Carey and unanimously adopted as follows, it was: #307 RESOLVED, that the communication from Hubbell, Roth & Clark, Inc. dated December 5, 1952, addressed to the City of Livonia and pertaining to the paving and improving of Harrison is hereby referred to the Department of Public Works for its report and recommendation, this general subject having previously been referred to such department lim By Councilman Whitehead, seconded by Councilman Carey and unanimously adopted as follows, it was: Page 962 #308 RESOLVED, that the hour of 8.30 P. M. having arrived, the City Clerk is directed to open and read all sealed bids received on the construction of a dog pound The City Clerk thereupon opened and read all bids received as follows• General Contractor Base Bid R. D. Boschma Co. $18,900 00 Wolfe Construction Co $16,050.00 Orr Brothers $16,570 00 Architectural Trades Wolfe Construction Co $13,475.00 Killfoile Wendeln $15,400 00 Mechanical Trades John M. Campbell $ 1,565 00 Electrical Merrion Electric $ 810.00 Hubbs & Gilles $ 892 70 By Councilman Edgar, seconded by Councilman Taylor and unanimously adopted as follows, it was: #309 RESOLVED, that the foregoing bids be referred to the architects, Gould & Moss and to the Department of Public Works for their recommendations and report Councilman Grimm thereupon gave an oral report on the Municipal Waste Committee. The City Clerk read to the Council a communication from Gould & Moss, Architects, dated November 26, 1952, pertaining to the proposed agreement between said architects and the City of Livonia. By Councilman Taylor, seconded by Councilman Grimm and adopted as follows, it was: #310 RESOLVED, that the City of Livonia enter into a contract with Nathaniel 0. Gould and Thomas W. Moss, architects, bearing date of November 25, 1952, on the standard form of agreement between owner and architect, as prepared by the American Institute of Architects, wherein said architects, for a fee of eight percent, agree to prepare the plans and specifications and supervise the construction of an addition to the Police Department building; and that the Mayor and City Clerk are hereby authorized to affix their signatures to said agreement on behalf of the City of Livonia Page 963 A roll call vote was taken on the foregoing resolution with the following result: AYES: Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe NAYS. None Ordinance No. 62 entitled, "An Ordinance Vacating Portions of Certain Alleys in E G Settle Realty Co 's Bonaparte Gardens Subdivision, Seven Mile Super Highway Subdivision, Five Elm Park Subdivision and B. E. Taylor's Como Lake Sub- division" was taken from the table and a roll call vote was conducted thereon with the following result: AYES• Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe NAYS: None President Wolfe declared the foregoing ordinance adopted and the same will become effective on the date of publication, December 26, 1952 By Councilman Edgar, seconded by Councilman Whitehead and unanimously adopted as follows, it was. ILE #311 RESOLVED, that the communication from the Livonia Township School District dated November 26, 1952, pertaining to the construction of sewers in Section 24 is hereby referred to the Committee of the Whole The City Clerk read a communication dated December 3, 1952, from the Chief Inspector concerning the establishment of a mileage rate for the plumbing and electrical inspectors By Councilman Carey, seconded by Councilman Taylor and unanimously adopted as follows, it was: #312 RESOLVED, that the City Clerk request the Bureau of Inspection to keep an accurate record of all actual mileage of inspectors for the next 60 day period and to report the results of such record to the Council for its further consideration. The report of the Justice Court and the Violations Bureau for the month of November, 1952, was read and placed on file By Councilman Grimm, seconded by Councilman Taylor and unanimously adopted 7 as follows, it was. page 964 #313 RESOLVED, that Petition No 2 of James Thom, et al, be referred to the City Planning Commission for the holding of a public hearing thereon and the making of its report and recommendations according to law Br Councilman Taylor, seconded by Councilman Grimm and adopted as follows, it was #314 RESOLVED that, pursuant to the recommendations of the City Engineer dated December 3, 1952, his Estimate No 5 on the contract with the Boam Company (Contract No. 4), for water main, construction is hereby approved, that payment of the balance due on such estimate in the amount of $20,909 73 is hereby authorized and that a reserve of $2,000.00 be retained by the City pending proper restoration of streets and the satisfaction of all claims. A roll call vote was taken on the foregoing resolution with the following result: AYES. Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe. NAYS. None The City Attorney, William Brashear, made a report concerning Light Weight Aggregate Corporation and the petition heretofore filed to stop the noise being Ile caused by such company. Mr. Brashear stated that the Police Department had contacted many of the signers of said petition and had been unable to find anyone who would sign a complaint under oath that they heard the noise subsequent to November 14, 1952, the day the Zoning Ordinance became effective. He stated that further investigation revealed that because of the new Zoning Ordinance and the penalties contained therein, the Light Weight Aggregate Corporation had discontinued operations and that he had received from the attorneys for the Light Weight Aggregate Corporation a letter dated December 3, 1952, and reading as follows- "Our attention has been called to an article appearing in the Livonian, issue of November 28 pertaining to the operation of the above plant. For your information, the plant is presently closed down and the following improvements are being made to reduce all objections to a minimum• 1 The sintering is being lengthened 22 feet 2 3 Apron Conveyors are being eliminated 3. Dust control system is being installed. 4 The Burning Fan is being silenced in accordance with the recommendation of Dr Gordon C Harrold of the Industrial Health, Hygeine and Safety Service Company of 6432 Cass Avenue, Detroit. Page 965 "We are advised that the foregoing improvements will practically eliminate all objectional noise and dust. The plant will be closed down until March or April "Will you kindly furnish the writer, as scon as they are available, forms for application to continue the operations of the plant under the non-conforming use portion of the Zoning Ordinance " The City Attorney next reported to the Council concerning the Kaszeta & Sons contract and the chancery suit brought against the City of Livonia by Kaszeta & Sons and Michigan Surety Company Mr Brashear read to the Council a letter from Ballard, Jennings, Bishop & Fraser, attorneys for Michigan Surety Company, dated December 3, 1952, pertaining to a proposed settlement of all matters involved in the Kaszeta contract. He also read a proposed resolution covering a settlement of the Kaszeta contract, which resolution was approved by the City Engineer. By Councilman Grimm, seconded by Councilman Taylor and adopted as follows, it was: #315 RESOLVED, that in consideration of the promises of Michigan Surety Company as contained in its letter of December 3, 1952, addressed to the City Attorney, and on the conditions hereinafter stated, the resolution adopted by the City Council at its regular meeting held on November 24, 1952, declaring that the contract between the City of Livonia and the contractors, Kaszeta and Sons, dated February 12, 1952, had been breached and directing the Department of Public Works to take over and complete such contract, is hereby rescinded, that Estimate No 8 of the City Engineer, certifying for payment on such contract the sum of $20,000 00, is hereby approved and such payment is hereby authorized in the manner hereinafter stated; provided, however, that this resolution shall not be effective except on the following conditions. (1) Said sum of $20,000 00 together with the sum of $8,000 00 of the amount previously certified under Estimate No 7, shall be paid in the following manner• the amount presently owing Lytell and Colegrove Company for pipe and materials furnished on said contract shall be paid in full from said sums and the balance remaining of said sums shall be paid to Michigan Surety Company; (2) The balance due on Estimate No 7 and all other sums due or to become due on said contract shall remain subject to all valid and existing liens, levies, garnishment proceedings, claims and rights, to the full extent authorized by law; (3) Michigan Surety Company shall indemnify and save harmless the City of Livonia from any and all damages, loss or injury resulting from this resolution or any action authorized herein; and Page 966 (4) Said contractor and said Michigan Surety Company shall approve this resolution and shall cause the suit heretofore commenced by them against the City of Livonia, in the Circuit Court for the County of Wayne, Chancery No 497-261, to be forthwith dismissed. A roll call vote was taken on the foregoing resolution with the following result: AYES. Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe NAYS. None The City Attorney next read to the Council a letter from Miller, Canfield, Paddock & Stone dated December 3, 1952, pertaining to the request of Ford Motor Company for a revision of sewage disposal rates under Ordinance No. 26; and this letter was referred to the Committee of the Whole with the consent of all members present On request of Councilman Grimm, there was removed from the table communication from Liquor Control Commission dated May 27, 1952, pertaining to the possible up- grading of two wine and beer licenses By Councilman Taylor, seconded by Councilman 110 Whitehead and unanimously adopted as follows, it was #316 RESOLVED, that the City Council does hereby approve the transfer of the following tavern licenses: Arthur Collins, 33601 Plymouth Road, Livonia, Michigan (mailing address: Plymouth) Carl Haray, 34115 Plymouth Road, Livonia, Michigan (mailing address: Plymouth) to Class C licenses; that said transfers are recommended over all other transfers, and that the City Clerk forward a certified copy of this resolution to the Liquor Control Commission. By Councilman Taylor, seconded by Councilman Grimm and adopted as follows, it was: #317 RESOLVED, that commencing December 1, 1952, and until the further action of the Council the compensation of the City Clerk is hereby fixed in the amount of $5200 00 a year A roll call vote was taken on the foregoing resolution with the following result: AYES• Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe. NAYS. None Page 967 By Councilman Edgar, seconded by Councilman Carey and adopted as follows, it was. IL #318 RESOLVED, that commencing December 1, 1952, and until the further action of the Council, the compensation of the Chairman of the Election Commission is hereby fixed in the amount of $1,000 00 a year, and the compensation for the remaining members of such commission is hereby fixed at $100.00 each per year A roll call vote was taken on the foregoing resolution with the following result. AYES• Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe NAYS. None. By Councilman Grimm, seconded by Councilman Carey and adopted as follows, it was. #319 RESOLVED that, pursuant to the recommendation of the architects, Gould & Moss, and the Department of Public Works, the following bids for the construction of a new dog pound are hereby accepted. Wolfe Construction Company, architectural trades, $13,475 00 John M Campbell, Inc , mechanical trades, $ 1,565.00 Merrion Electric Company, electrical trades, $ 810.00 1L0and that the Mayor and City Clerk are hereby authorized to affix their signatures on contracts on behalf of the City of Livonia, pursuant to the foregoing bids. A roll call vote was taken on the foregoing resolution with the following result. AYES. Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe NAYS. None. By Councilman Edgar, seconded by Councilman Taylor and adopted as follows, it was: #320 RESOLVED, that the amount of $850.00 is hereby appropriated from the Capital Improvement Fund to the Police Department for use in the construction of the dog pound. A roll call vote was taken on the foregoing resolution with the following result AYES. Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe NAYS. None. Page 968 On motion of Councilman Taylor, seconded by Councilman Grimm and unanimously passed, the meeting was adjourned at 10:15 p m , December 8, 1952 1111 i- '.... / / / , Mar'e W. lark, City Clerk Attested. I 4 itt„ Har— . Wolf-( President