HomeMy WebLinkAboutCOUNCIL MINUTES 1953-10-12 Page 1226
MINUTES OF THE ONE HUNDRED FOURTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
r..
On October 12, 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, Harold
Bower, John W. Whitehead, Nettie Carey and William Taylor Absent-- None.
Councilman Grimm gave the following invocation.
"Our Lord and Father, Thou hast made this world so
beautiful, and life at its fullest so fair a thing,
take pity, we pray Thee, and stay the madness of
men that talk and teach strife. Awaken the people
to a sense of their responsibility for the leader-
ship of ignorance, hatred, and greed that they too
often accept, give us men of good will, and enable
us to follow the right way to the end that Thy
Kingdom may come, and Thy will be done on earth,
We ask it for Jesus' sake."
The City Clerk commenced the reading of the minutes of the 103rd regular
meeting, but this reading was interrupted at 8:30 P. M., by the opening of bids.
On motion of Councilman Edgar, seconded by Councilman Taylor and
unanimously adopted, the regular order of business was suspended in order that
bids might be opened.
By Councilman Bower, seconded by Councilman Grimm and unanimously adopted
as follows, it was.
#710 RESOLVED, that, the hour of 8:30 P M , having arrived, that
the City Clerk open and read all sealed bids received on the paving of
Amrhein Road for a distance of approximately 2100 ft. running East
from Eckles Road, and all sealed bids received on the paving of Farmington
Road for a distance of approximately 850 ft running South of Plymouth
Road.
The City Clerk thereupon opened and read the following sealed bids on
the paving of Amrhein Road:
Page 1227
(1) Weir Contracting . . . $ 46,860 00
(2) Chris Nelsen & Son, Inc $ 26,390 00
(3) Rocco Ferrera & Company $ 45,005.00
�... (4) A. J. Smith Contracting Co. $ 48 752.00
(5) American Underground Corp $ 29,565 00
(6) United Contracting Co , Inc . . . . $ 48,438 00
(7) Waterway Construction Co. $ 53,915.00
(8) George A Odien, Inc $ 35,768 50
(9) Sugden & Sivier, Inc $ 34,046 50
(10) Fattore Company $ 39,005.00
(11) Thomas E Currie Co • $ 45,808 40
By Councilman Edgar, seconded by Councilman Whitehead and unanimously
adopted as follows, it was:
# 711 RESOLVED, that, the foregoing bids be referred to the Depart-
ment of Public Works for its report and recommendation
The City Clerk then opened and read the following sealed bids received
on the paving of Farmington Road from Plymouth Road South for a distance of
approximately 850 ft.:
(1) Don Wells Inc . . . . $ 12,705.00
(2) Cadillac Asphalt Paving Co $ 13,282 50
W... (3) A. & A. Asphalt Paving Co $ 10,329.50
By Councilman Whitehead, seconded by Councilman Taylor and unanimously
adopted as follows, it was.
# 712 RESOLVED, that, the foregoing bids be referred to the Depart-
ment of Public Works for its report and recommendation.
The City Clerk read the balance of the minutes of the 103rd regular
meeting of the Council held on September 28, 1953, and adjourned to and held on
October 5, 1953, and October 8, 1953, and said minutes were approved by the
Council
The City Attorney, William W Brashear, read a proposed Ice Box and
Refrigerator Ordinance which was then introduced by Councilman Grimm as follows-
Page 1228
NO. 75
AN ORDINANCE PROHIBITING ABANDONMENT
OF CERTAIN ICE BOXES AND REFRIGERATORS
ACCESSIBLE TO CHILDREN, AND PROVIDING
r... A PENALTY FOR VIOLATION HEREOF
THE CITY OF LIVONIA ORDAINS.
Section 1. It is hereby determined that, in other cities, the death of
children has resulted from their suffocation in abandoned, unattended or discarded
Ice Boxes, Refrigerators and similar food containers having airtight doors which
cannot be opened from the inside; and that such abandoned, unattended or discarded
Ice Boxes, Refrigerators and similar food containers are a constant menace to the
health, safety and welfare of children in the City of Livonia.
Section 2. It shall be unlawful in the City of Livonia for any person,
firm or corporation to leave or place any abandoned, unattended or discarded Ice
Box, Refrigerator or similar food container having airtight doors which cannot be
opened from the inside thereof, outside of any building, structure or dwelling or
in a place accessible to children, without first removing the snap-lock, or other
locking device from doors of said Ice Box, Refrigerator or container.
Section 3 Any person, firm or corporation violating any of the provisions
of this ordinance shall, upon conviction thereof, be subject to a fine not exceeding
$500.00, or to imprisonment for a period not exceeding 90 days, or to both such fine
and imprisonment in the discretion of the Court Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall be punishable
as such hereunder
Section 4. All ordinances or parts of ordinances in conflict herewith are
hereby repealed
Section 5. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of any of the
remaining portion of this ordinance
Section 6. This ordinance is hereby declared to be an emergency ordinance
necessary to the public health, safety and welfare and shall be given effect
immediately on publication.
A roll call vote was conducted on the foregoing ordinance with the following result.
AYES: Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe.
NAYS: None
President Wolfe declared the foregoing ordinance was duly adopted and
shall become effective on the date of publication, which will be October 30, 1953.
Page 1229
By Councilman Whitehead, seconded by Councilman Taylor and unanimously
adopted as follows, it was:
# 713 RESOLVED, that, the five proposed amendments to the
Charter of the City of Livonia, as proposed by the City Council
at its 103rd regular meeting, in the form of resolutions duly
adopted at the sessions of such meeting held on October 5, 1953
and October 8, 1953, be published in full in the Livonian, with
existing Charter provisions which would be altered or abrogated
thereby, on October 30, 1953, and November 27, 1953
Councilman Carey advised the Council that the Myron Beal Post of The
American Legion desire to present to the Council an American Flag
By Councilman Carey, seconded by Councilman Edgar and unanimously
adopted as follows, it was.
# 714 RESOLVED, that, Councilman Carey be designated to contact
the Myron Beal Post of The American Legion and arrange the date and
program for the presentation of an American Flag to the City Council
on November 9, 1953.
By Councilman Edgar, seconded by Councilman Taylor and adopted as follows,
it was:
# 715 RESOLVED, that, on recommendation of the Director of Public
Works, the bid of A & A Asphalt Paving Company in the amount of
$10,329 50 for the paving of Farmington Road for a distance of
approximately 850 ft. running South of Plymouth Road, such bid being
the lowest bid received, is hereby accepted; and the Mayor and City
Clerk are authorized to sign on behalf of the City of Livonia a
contract consistent with such bid; and that the sum of $10,329 50 be
appropriated from the Capital Improvement Fund to the Department of
Public Works (Road Building Budget Account) to pay the cost of such
paving.
A roll call vote was conducted on the foregoing resolution with the following
result:
AYES: Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe.
NAYS: None.
The Ordinance introduced by Councilman Bower at the 103rd regular meeting
of the Council, which Ordinance is entitled as follows.
Page 1230
NO. 74
`m. AN ORDINANCE AMENDING SECTIONS 2, 23 AND 28
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 22, 3 23, 3.24 AND
3 25
was taken from the table and a roll call vote was conducted thereon with the
following result:
AYES: Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe.
NAYS: None
President Wolfe declared the foregoing ordinance was duly adopted and
shall become effective on the date of publication which will be October 30, 1953
By Councilman Taylor, seconded by Councilman Whitehead and adopted as
follows, it was:
# 716 RESOLVED, that, Resolution #691 adopted by the City Council at
its 103rd regular meeting held on September 28, 1953, is hereby amended
to read as follows:
RESOLVED, that, consideration having been given to
a letter from Henry S Alper and Abe Green dated March 19,
1953 and to the recommendations of the Department of Public
Works and City Attorney, the City of Livonia will accept
from said Henry S Alper and Abe Green the cash sum of
$17,000.00 as a deposit to be used in and applying on the
cost of constructing the West half of the concrete paving
on Deering Avenue situated adjacent to and immediately
West of certain lots and parcels of land within Thomas
Riliot Subdivision, owned by said Henry S Alper and Abe
Green, which lots and parcels of land commence at the North
boundary of Lot 418 within said Subdivision and run con-
tinuously to the North boundary of West Chicago Road; that
said Henry S. Alper and Abe Green will agree to pay to the
City of Livonia one-half of such cost; that said Henry S
Alper and Abe Green will be given credit on the above
obligation, for the amount of such deposit, as soon as the
entire cost of such paving is ascertained, following which
they will agree to promptly reimburse the City of Livonia
Page 1231
for any difference between said deposit and one-half of such
cost, or if one-half of such cost is less than said deposit,
then the City of Livonia will reimburse said Henry S Alper
and Abe Green for the difference; that such paving shall be
constructed in accordance with the Ordinance of the City of
Livonia and the regulations of the Department of Public
Works; that such pavement shall be of concrete 8" thick and
shall have a total width of 27 ft.; that the date upon which
the construction of such paving will be commenced, as well
as the date upon which such paving will be completed, are as
yet undetermined and may not be fixed for some time, it being
clearly understood that no time has been fixed within which
the City shall commence or complete such paving, although it
is contemplated that such paving will be eventually con-
structed; that on the making of such cash deposit with the
City of Livonia accompanied by an agreement in such form as
may be consistent with this resolution and approved by the
City Attorney, the City Clerk is authorized to direct a
letter to the Federal Housing Administration or to whom so
ever may be concerned stating that the City of Livonia
intends to eventually pave Deering Avenue between Plymouth
Road and West Chicago Road to a width of 27 ft. and that,
when said street is paved, none of said lots or parcels of
land situated on the West side of such street and owned by
said Henry S Alper and Abe Green, as above stated, shall be
assessed or charged for any part of the cost of such paving;
that, in making such cash deposit, said Henry S Alper and
Abe Green, may use, and receive credit for the following sums:
(a) $1,000.00 cash bond heretofore deposited with the
City of Livonia to guarantee tbepaving of the
West half of Deering Avenue for a distance of 157
ft. running North from the North boundary of West
Chicago Road;
(b) The sum of $1 35 per front foot heretofore de-
posited by them under a previous bond to guarantee
the improving of Deering Avenue, on certification
of the total amount by the Department of Public
Works; and
(c) The City's proper portion of the cost of paving
that part of Harrison Avenue within Thomas Elliot
Subdivision which is adjacent to City owned
property, on certification by the Department of
Public Works that such paving has been properly
completed and of the amount due from the City
under Resolution #290 adopted on November 24, 1952;
#307 adopted on December 8, 1952; #330 adopted on
December 22, 1952; #392 adopted on February 27, 1953;
#396 adopted on February 27, 1953, and Resolution
#424 adopted on March 30, 1953
Page 1232
A roll call vote was conducted on the foregoing resolution with the following result:
AYES: Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe
NAYS: None
A ten 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 Whitehead, seconded by Councilman Carey and unanimously
adopted as follows, it was.
# 717 RESOLVED, that, pursuant to a letter from Henry S. Alper to
William W Brashear, City Attorney, dated October 8, 1953 said Henry
S. Alper and Abe Green are hereby authorized to install, at their own
cost and in accordance with plans and specifications to be approved
by the Department of Public Works a water main in Deering Avenue
between West Chicago Road and Plymouth Road, that no part of the cost
of constructing said water main shall be paid by the City of Livonia;
that said Henry S. Alper and Abe Green, and their assignees, as to all
property now owned by them on Deering Avenue, shall be entitled to
connect to and use said water main On complying with the ordinances
of the City of Livonia and the rules and regulations of the Water
Department; that no other person shall be permitted to connect to such
water main unless he shall pay to the City of Livonia his proportionate
share of the cost of installing such main, which share and cost shall
be certified by the Department of Public Works, and that the City of
Livonia shall pay to said Henry S Alper and Abe Green all moneys paid
to the City by persons required to pay their proportionate share of
such cost, providing, however, that no connections to said water main
shall be made except by permit duly issued by the Bureau of Inspection
and in accordance with the rules and regulations of such bureau
By Councilman Carey, seconded by Councilman Taylor and adopted as follows,
it was:
# 718 RESOLVED, that, Robert E Sharp having purchased property
at 29070 Bretton and Gerald D. Ball having purchased property at
29040 Bretton and being desirous of connecting up their respective
residences to a recently completed sewer line which is a part of the
project known as Sewer Project No. 4 of the City of Livonia; and it
appearing that said project will be financed through special assess-
ment procedure under Ordinance No 31 and that a regular assessment
on the premises owned by said Robert E Sharp and Gerald D Ball
cannot be completed for sometime, the Council does hereby authorize
an agreement between the City of Livonia and said Robert E. Sharp
and Gerald D. Ball wherein they will each advance to the City of
Page 1233
Livonia a cash deposit in the amount of $7.00 per front foot for their
respective parcels of land, wherein, on the receipt of such deposits,
the City of Livonia will permit them to connect up to such sewer and
will give them credit for the amount of such deposits against their
respective assessments or, in lieu thereof, will refund such deposits
on completion of special assessment proceedings and the affixing of
liens on said premises for the benefits resulting from such sewer, and
wherein said Robert E. Sharp and Gerald D. Ball shall each waive any
and all notice of all proceedings under said Ordinance No 31, and
shall consent to the making of the improvement and all assessments and
other actions taken in such proceedings; provided, however, that such
agreement shall be signed by the Mayor and City Clerk and shall be in
such form as may be approved by the City Attorney, and, provided
further, that any permit to make a tap to said sewer shall be procurred
from the Bureau of Inspection in the usual manner and upon payment of
the required fee
A roll call vote was conducted on the foregoing resolution with the following result:
AYES: Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe
NAYS: None.
By Councilman Grimm, seconded by Councilman Whitehead and adopted as
follows, it was:
# 719 RESOLVED, that, pursuant to a recommendation from the Fire
Chief dated October 8, 1953 the bid of American La-France Foamite
Corporation in the amount of $20,700 00 for the one 1,000 gallon
Motorized Fire Department Pumper is hereby accepted; that the issuance
of a purchase order in conformance with such bid and recommendation is
hereby authorized; and that the City Clerk send a copy of this
resolution to the office of Civilian Defense.
A roll call vote was conducted on the foregoing resolution with the following result:
AYES: Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe.
NAYS: None.
By Councilman Edgar, seconded by Councilman Grimm and unanimously adopted
as follows, it was:
# 720 RESOLVED, that, the petition of E F Chalfant, et al, for the
installation of curbs on Brookfield Avenue, which petition was filed on
October 7, 1953, is hereby tabled for further study
By Councilman Carey, seconded by Councilman Bower and unanimously adopted
as follows, it was:
Page 1234
# 721 RESOLVED, that, until such time as an adequate parking space
is provided for the public, the drive in front of the City Hall be used
as a one-way thoroughfare and that signs designating such use and
limiting parking to thirty minutes, between 8:00 A. M. and 6:00 P. M.,
be installed by the Department of Public Works, and that, on completion
of such parking lot, such drive be opened to two-way traffic and no
parking thereon be allowed.
By Councilman Bower, seconded by Councilman Grimm and unanimously adopted
as follows, it was:
# 722 RESOLVED, that, the application of Packers Super Market, Inc ,
for a new SDM liquor license at the Southeast corner of Farmington Road
and Plymouth Road, as stated in communication from the Liquor Control
Commission dated August 19, 1953, be placed on the table for further
consideration
The report of the Justice Court and Violation Bureau for the month of
September, 1953 was received and placed on file
By Councilman Grimm, seconded by Councilman Taylor and adopted as follows,
it was:
# 723 RESOLVED, that, the amount of $87,498 82 be advanced from the
Capital Improvement Fund to the Department of Public Works to meet the
cost of that portion of Sewer Project No. 4 previously authorized by
Resolutions #228, #359 and #454, that such sum shall be considered
strictly as an advancement and shall be repaid to the General Fund from
the proceeds of the sale of bonds to be sold in financing said Sewer
Project No. 4, it being contemplated that such Project will be
constructed under Special Assessment procedure
A roll call vote was conducted on the foregoing resolution with the following result:
AYES. Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe
NAYS: None.
Councilman Grimm was excused at 12 o'clock midnight and left the meeting.
By Councilman Bower, seconded by Councilman Taylor and adopted as follows,
it was:
# 724 RESOLVED, that, the United States Government having determined
to erect an Army Ordnance Warehouse on Amrhein Road as a national defense
measure and having requested the cooperation of the City of Livonia in
providing water and storm sewer service to such Warehouse; and the Council
Page 1235
having considered the letter of Herald Hamill, City Engineer, to the
Department of Public Works, dated October 10, 1953, wherein it appears
that a twelve inch (12") water line to such Warehouse can be con-
... structed at a total estimated cost of $13,515.08; the City Council does
hereby authorize the installation of such water line and storm sewer on
the following conditions:
1 The United States Government will construct a
thirty inch (30") storm sewer for drainage purposes in
Amrhein Road along the following course:
The centerline of said 30 inch sewer line,
being described as beginning at a point 15
feet North of the centerline of Amrhein
Road and 1330 50 feet West of the East line
of Sec. 30, T 1 S , R 9 E , Michigan
Meridian, City of Livonia, Wayne County,
Michigan, thence East along a line 15 feet
North of and parallel to the said centerline
of Amrhein Road to a point 265 feet East of
the centerline of Newburg Road, said point
being the point of ending;
according to such plans and specifications as may be
approved by the Department of Public Works, the cost
of which sewer shall be wholly paid by the United States
Government and which sewer shall be available for use by
�... the City of Livonia for drainage purposes and for making
connections thereto;
2. Said sum of $13,515 08 is hereby appropriated
from the Capital Improvement Fund to the Department of
Public Works as an advancement toward the total cost of
the extension of the Water System of the City of Livonia
now in progress, with the understanding that such amount
will be used at this time in the construction of said 12
inch water line to the said Warehouse and with the further
understanding that said sum of $13,515 08 will be repaid
to the General Fund from the proceeds of the sale of
Revenue Bonds or other bonds in the financing of the total
cost of such water system extension,
3 The City of Livonia will construct an open ditch
from the East end of said 30" storm sewer Easterly to the
Wayne County Public Drain;
4 The United States Government will agree to pay
to the City of Livonia such regular rates and charges as
may be fixed by ordinance for all users of said water
system, which rates and charges shall be reasonably
Page 1236
adequate to pay the cost of installation and maintenance
of the system and of all water and service furnished in
Lig
connection therewith,
that the Mayor is authorized to accept a bid and make a contract
under the Financial Ordinance of the City of Livonia, for the con-
struction of said 12" water line to said Warehouse, as an emergency
measure and pursuant to the terms of the Financial Ordinance; and
that the Mayor and City Clerk are authorized to sign such other
contracts as may be consistent with this resolution and in such
form as may be approved by the City Attorney.
A roll call vote was conducted on the foregoing resolution with the following
result:
AYES. Edgar, Bower, Whitehead, Carey, Taylor and Wolfe.
NAYS: None.
On motion of Councilman Whitehead, seconded by Councilman Taylor and
unanimously adopted, this meeting was duly adjourned. The time of adjournment
being 12:27 A. M., Tuesday, October 13, 1953.
lim
/' 2 -G,>�g /
e . Clark, City Clerk
7(
Attested:
11 / / / /
HaS. Wolf President /