HomeMy WebLinkAboutCOUNCIL MINUTES 1958-03-31 Page 3325
MINUTES OF THE TWO HUNDRED FORTIETH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On March 31, 1958, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:17 P.M. by the
Vice-President of the Council. Councilman Kleinert delivered the invocation.
Roll was called with the following result: Present - Frank O'Neill, Sydney B.
Bagnall, Rudolf R. Kleinert, David L. Jones, Peter A. Ventura and John T.
Daugherty. Absent - Austin T. Grant.
By Councilman Bagnall, seconded by Councilman Kleinert, it was
#187-58 RESOLVED, that the minutes of the 239th regular meeting of
the Council of the City of Livonia held on March 17, 1958, are hereby
approved as submitted.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Ventura, Daugherty and O'Neill
NAYS: Jones
The Chairman declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman Jones, it was
#188-58 RESOLVED, that the Council, having been presented with a
compromise proposal on behalf of the plaintiff Donald Wilson in the
case of Donald Wilson vs. Elbert M. Harton, et al., Circuit Court
Case No. 276-978, and it appearing that there is a possibility that
the City of Livonia may not be liable for damages to the plaintiff in
any amount because of the vague status of the law which is involved in
this case, and the Council having considered the recommendation of the
Department of Law dated March 31, 1958, with respect to whether or not
the proposed compromise submitted by the plaintiff should be accepted,
the Council does hereby reject said compromise proposal and does hereby
further authorize the Department of Law to allow the entry of judgment
against the City of Livonia and the other defendants herein, in accord-
ance with the opinion of the Wayne County Circuit Court, and does
further authorize the Department of Law to appeal from said judgment to
the Supreme Court of Michigan on behalf of the defendant City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Jones, Daugherty and O'Neill
NAYS: Kleinert and Ventura
The Chairman declared the resolution adopted.
Page 3326
William N. Ponder, City Attorney, presented a report of the Department
of Public Works regarding foremen for welfare workers.
By Councilman Daugherty, seconded by Councilman Ventura, it was
#189-58 RESOLVED, that pursuant to the request of the Director of
Public Works dated March 31, 1958, there is hereby transferred from
the Unappropriated Surplus to Account No. DPW-1-SW of the Department
of Public Works Budget the sum of $3,120.00 for the purpose of hiring
and compensating two employees to supervise the work of laborers
assigned to the City of Livonia by the Wayne County Social Welfare
Department; such personnel to be employed three days a week for a six-
month period.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill
NAYS: None
A report from the Mayor dated March 27, 1958, regarding Rouge Valley
Flood Control was received by the Council and ordered filed.
The hour of 8:30 P.M. having arrived, the City Clerk, Marie W. Clark,
opened and read the following bids:
PLAY EQUIPMENT -- Department of Parks and Recreation
1. Playground Equipment Company, Troy, Michigan
2. American Playground Device Company, Anderson, Indiana
3. Game-Time, Inc., Litchfield, Michigan
4. The J. E. Burke Company, Fond du Lac, Wisconsin
5. Standard Playground Equipment Co., Inc., Anderson, Indiana
By Councilman Ventura, seconded by Councilman Kleinert and unanimously
adopted, it was
#190-58 RESOLVED, that the bids received on Play Equipment be referred
to the Parks and Recreation Commission and the Director of Public Works
for a report and recommendation.
Councilman Daugherty read a report of the Water and Sewer Committee dated
March 31, 1958, regarding the installation of sanitary sewers in Merriman Estates
Subdivision.
Page 3327
By Councilman Daugherty, seconded by Councilman Kleinert, it was
#191-58 RESOLVED, that the Council having determined that it is
necessary, in order to insure the public health, safety and welfare
of a certain portion of the City of Livonia, to install sanitary sewer
laterals in Merriman Estates Subdivision in the City of Livonia, more
specifically to install sanitary sewer laterals on those portions of
Puritan, Wentworth, Rayburn Avenues and Henry Ruff Road in the above
subdivision, the estimated cost of which will be $37,180.00 as outlined
in the report from Edwin M. Orr, Consulting Engineer, dated March 3, 1958,
and the Council having also determined that such extension should
properly have been included in the contract hereinafter referred to and
incorporated into the City of Livonia Sewage Disposal System originally,
does herein request that the Board of Wayne County Road Commissioners
(1) Approve of adding the above described project to the contract
dated March 21, 1955, and supplemented by a contract dated
August 24, 1955, by and between the said Board and the city
providing for the construction of additional major sewer
facilities;
(2) Approve the use of a sufficient amount of the surplus revenues
presently in the possession of the County from the issuance of
bonds in connection with the above contract to cover the cost
of such project;
(3) Approve of the making of progress payments from the above surplus
revenues directly to the City of Livonia upon presentation by
the City to the Board of duly certified vouchers;
and further that the City of Livonia hereby accepts responsibility for
the construction, inspection, supervision and final acceptance of the
above described sanitary sewer installation and will also secure all ease-
ments necessary for the construction of such sanitary sewer laterals;
provided, however, that it is understood by the City of Livonia that
this request is contingent upon the approval of the legal firm of Miller,
Canfield, Paddock and Stone that such project may be validly added to
said contract and may properly be financed by said surplus bond revenues.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Jones, Ventura, Daugherty and O'Neill
NAYS: Bagnall
Councilman Bagnall requested that the record show his reason for voting against the
above resolution is: "Because I am not in favor of this type of financing for
laterals."
The Chairman declared the resolution adopted.
Page 3328
By Councilman Bagnall, seconded by Councilman Jones, it was
#192-58 RESOLVED, that the report of the Finance Committee for the
month of October, 1957, is hereby approved and a summary spread on the
minutes as follows:
General, Administrative and Legislative $ 6,247.67
Department of Public Safety 6,484.24
Department of Public Works 4,748.84
Department of Parks and Recreation 1,007.74
Insurance $ 9,459.67
Retirement 30,499.33
Acquisition of Land 28,666.50
Grandon Avenue, Bonds and Interest 230.30
Paving Project, Deering Avenue 6,396.67 75,252.47
General Ledger Accounts:
Inventories $ 1,732.49
Advances 27,862.08
Deposit on Drums 36.50
Gas Tax Refund 480.00 30,111.07
TOTAL $123,852.03
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill
NAYS: None
By Councilman Ventura, seconded by Councilman Bagnall, it was
#193*58 RESOLVED, that pursuant to the report and recommendation of
the Water and Sewer Board dated March 25, 1958, as requested by Council
resolution #145-58 adopted on March 10, 1958, and the recommendation of
the Superintendent of the Operations Division and Director of Public
Works dated March 28, 1958, the Council does hereby accept the bid of
Harry Salter, 13310 Dartmouth Avenue, Oak Park 37, Michigan, for supply-
ing 20,000 feet 3/4" K type copper and 60 foot coils packaged, at the
submitted bid of $6,927.19, such having been the lowest bid received;
provided, however, that such bid is accepted expressly on the condition
that all copper supplied by the above firm be packaged as advertised.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill
NAYS: None
By Councilman Jones, seconded by Councilman Ventura, it was
#194-58 RESOLVED, that pursuant to the report and recommendation of
the Superintendent of the Operations Division and Director of Public
Works, the Council does herein accept the bid of the B. F. Goodrich
Company, 15150 Michigan Avenue, Dearborn, Michigan, for supplying tires
and tubes to the City of Livonia for the period commencing March 1, 1958
Page 3329
and extending through February 28, 1959, at the submitted bid of
$9,229.82, such having been the lowest bid received.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Jones, Ventura and O'Neill
NAYS: Daugherty
The Chairman declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Kleinert, it was
#195-58 RESOLVED, that pursuant to the report and recommendation of
the Superintendent of the Operations Division and Director of Public
Works dated March 20, 1958, the Council does herein accept the bid of
Midwest Linen Service, 18841 John R., Detroit 7, Michigan, for supply-
ing linen to the City of Livonia in the amount of $1,232.50, such
having been the lowest bid received.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill
NAYS: None
By Councilman Kleinert, seconded by Councilman Bagnall, it was
#196-58 RESOLVED, that pursuant to the report and recommendation of
the Parks and Recreation Commission dated March 19, 1958, the Council
does herein accept the bid of the C. E. Anderson Co., 1503 S. Main
Street, Royal Oak, Michigan, for one Model 100 T-E 1958 John Bean
Rotomist Sprayer, in the amount of $4,306.88, on the terms set forth
in their bid dated March 7, 1958, such having been the lowest bid
received.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill
NAYS: Nene
By Councilman Daugherty, seconded by Councilman Bagnall and unanimously
adopted, it was
#197-58 RESOLVED, that the Council having considered the Engineer's
report dated March 26, 1958, as well as the report dated November 21,
1957, in connection with the installation of proper drainage facilities
and the cost of a road surface to meet minimum city standards on
Roycroft Avenue, East of Middlebelt Road, does herein determine to
commence special assessment procedures for the purpose of installing
such improvements in accordance with the above reports of the Engineer-
ing Division; provided, however, that the Council believes the cost of
replacing culverts and driveway approaches is the direct responsibility
of Mancini Construction Co. et. al., 19200 W. 8 Mile Road, Detroit 19,
Michigan, it appearing that the operations of that contractor were
Page 3330
responsible and made necessary such portion of the improvement; and
further that unless the Council receives, on or before May 15, 1958,
written assurance from such company that they intend to replace such
culverts and driveway approaches, that the city will proceed to do
so and claim the amount of such from the bond presently on deposit
with the County in connection with the Livonia sewer project contract.
By Councilman Ventura, seconded by Councilman Jones and unanimously
adopted, it was
#198-58 RESOLVED, that before determining to install certain road
drainage improvements on Roycroft Avenue, East of Middlebelt Road
in Section 13, the cost of which is to be defrayed by special assess-
ment, the City Engineer is hereby instructed to ascertain the assessed
valuation of all property affected by the proposed improvement, the
number of parcels which show tax delinquencies, the number of parcels
owned by public authorities, the number of parcels which are now
vacant, and to prepare, or cause to be prepared, plans and specifica-
tions therefor and an estimate of the cost thereof, and to file the
same with the City Clerk, together with his recommendation as to what
proportion of the cost should be paid by special assessment and what
part, if any, should be a general obligation of the City, the number
of installments in which assessments may be paid and the lands which
should be included in the proposed special assessment district, pursuant
to the provisions of Section 6 of Ordinance No. 31, as amended.
By Councilman Bagnall, seconded by Councilman Daugherty and unanimously
adopted, it was
#199-58 RESOLVED, that the Engineering Division, in connection with
the proposed improvement of Roycroft Avenue, East of Middlebelt Road,
is herein instructed to make clear in its report what portion of the
total cost is related to the road surface improvement and also what
part is attributable to the replacement of culverts and driveway
approaches.
By Councilman Ventura, seconded by Councilman Bagnall and unanimously
adopted, it was
#200-58 RESOLVED, that having considered the letter frau the Wayne
County Drain Commissioner dated February 5, 1958, and the report of
the Assistant City Engineer and Director of Public Works dated March 19,
1958, in regard to the proposed improvement of the north branch of the
Bell Drain, the Council has concluded that the city has no objection
to the Drain Commissioner making such proposed improvement provided
that the improvement does not interfere or in any way obstruct the
drainage improvements proposed to be installed by the City of Livonia
in the future as outlined in the report from Hubbell, Roth & Clark,
Inc. dated February 11, 1958.
By Councilman Jones, seconded by Councilman Ventura and unanimously
adopted, it was
Page 3331
#201-58 RESOLVED, that after considering the request of Warner &
Warner, Civil Engineers and Surveyors, dated February 27, 1958,
wherein they request approval of a 50-foot right-of-way on Deering
Avenue between St. Martins and Angling Road, and pursuant to the
report and recommendation of the Assistant City Engineer and Director
of Public Works dated March 26, 1958, the Council does herein deny
such request as being inconsistent with the over-all City policy in
regard to right-of-way widths, and suggests to the writer of the above
letter that he secure the necessary footage to insure a 60-foot right-
of-way in his development.
By Councilman Daugherty, seconded by Councilman Jones, it was
#202-58 RESOLVED, that pursuant to the report and recommendation of
the Assistant City Engineer and Director of Public Works dated
February 18, 1958, the balance of $1,784.97 due Waterway Construction
Company on its contract with the City of Livonia dated April 17, 1957,
in connection with the construction of storm sewers in Coventry Gardens
Subdivision, is hereby released, such installation having been accepted
for maintenance by the City; provided, however, that this release is
conditioned on the above contractor filing with the City a maintenance
bond for a period of one (1) year frau the date of acceptance.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill
NAYS: None
By Councilman Daugherty, seconded by Councilman Jones, it was
#203-58 RESOLVED, that after considering the report and recommendation
of the Assistant City Engineer and Director of Public Works dated
March 6, 1958, as amended by the communication from the Consulting
Engineer dated March 12, 1958, and having also considered the communica-
tion from Robert Kraft, President of Buckingham Village Civic Association,
dated March 14, 1958, the Council does hereby deny approval of the plat
and the engineering plans contained therein in regard to the proposed
Patty Ann Subdivision for the following reasons:
(1) That the required clean-out of the Bell Drain No. 2 as
recommended by the Consulting Engineer has not been accomplished
as of this date;
(2) That to permit the construction of homes to be serviced by an
open drain would impose upon the City of Livonia a continuing
obligation, responsibility and expense in maintaining, clean-
ing out and reshaping such open drain;
(3) That the construction of any additional homes in the area of
this subdivision is likely to cause undue flooding of other
homes in the central portion of the City of Livonia;
(4) That the construction of homes adjacent to the open drain is
likely to endanger the lives of children and other persons
Page 3332
who would ultimately reside in the proposed subdivision; and,
(5) That having considered all of the facts including the above
considerations, the Council believes that the construction of
additional homes in this area in such close proximity to the
open Bell Drain No. 2 is likely to constitute and create a
menace to the public health, safety and welfare of this
community.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Ventura, Daugherty and O'Neill
NAYS: Bagnall and Kleinert
The Chairman declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Daugherty, it was
#204-58 RESOLVED, that pursuant to the report and recommendation of
the Assistant City Engineer and Director of Public Works dated March 20,
1958, the Council does hereby release to Practical Home Builders, Inc.,
13440 West Seven Mile Road, Detroit 35, Michigan, the subdivision
improvement bond established pursuant to Resolution #17-57 adopted by
the Council on January 7, 1957, in the amount of $34,700.00 to cover
sidewalk construction and clean-up items on paving in the Hearthstone
Subdivision; provided, however, on the condition that said bond be
replaced by a new bond in the amount of $24,300.00 to cover the balance
of sidewalk installation and paving clean-up; and the City Clerk is
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 following result:
AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill
NAYS: None
By Councilman Ventura, seconded by Councilman Jones, it was
#205-58 RESOLVED that, Practical Home Builders, Inc., 13440 West Seven
Mile Road, Detroit 35, Michigan, as proprietors, having requested the
City Council to approve the proposed plat of the following Subdivision:
Hearthstone Subdivision No. 2, located on the North and South sides of
Pembroke Avenue approximately 135 feet East of Brentwood Avenue in the
East 1/2 of Section 1, City of Livonia; and it appearing that tentative
approval of said proposed plat was given by the City Planning Commission
under date of October 15, 1957; and it further appearing that said
proposed plat, together with the plans and specifications for improve-
ments therein, have been approved by the Department of Public Works under
date of March 26, 1958; the City Council does hereby approve said proposed
plat on the following conditions:
(1) All of such improvements shall be installed in conformance with the
Plat Ordinance (No. 135), as amended, of the City of Livonia, and
the rules and regulations of the Department of Public Works, within
a period of two (2) years from the date of this resolution;
Page 3333
(2) That the installation of such improvements shall be supervised
and inspected by the Department of Public Works and such improve-
ments shall not be considered as having been satisfactorily
installed until there is filed with the Council a Certificate
as provided in Section 14 of said Ordinance No. 135, as amended;
(3) That the City Clerk is not authorized to affix her signature
to said Plat until either said improvements have been satis-
factorily installed or, in lieu thereof, there is filed with
her by said proprietors a bond to the City of Livonia, in such
form as may be approved by the City Attorney, and in the
following amount: $30,000.00, and until all inspection fees
and other charges due to the City of Livonia have been fully
paid;
(4) On full compliance with the above conditions and with the
provisions of said Plat Ordinance, the City Clerk is hereby
authorized to affix her signature to said Plat as evidence of
this approval; and,
(5) That as-built plans of all improvements installed in said
subdivision shall be submitted on cloth reproducible material
to the Engineering Division of the City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill
NAYS: None
At 9:35 P.M. a recess was called, after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting, with the exception of Councilman Bagnall.
By Councilman Jones, seconded by Councilman Daugherty, and unanimously
adopted, it was
#206-58 RESOLVED, that the order of the agenda is suspended in order
to take up a matter upon which persons are waiting to be heard.
Councilman Bagnall returned at 9:53 P.M.
By Councilman Jones, seconded by Councilman Ventura and unanimously
adopted, it was
#207-58 RESOLVED, that the letter frau Mrs. Donald L. Bachman dated
March 27, 1958, in regard to certain water debt rate charges which may
have been incorrectly levied against certain parcels of property, is
hereby referred to Carrol Lock, Budget Director and Accountant for the
Water and Sewer Division, and City Attorney William N. Ponder, for
immediate investigation, report, and recommendation to the Council in
regard to such matter.
Page 3334
By Councilman Daugherty, seconded by Councilman Ventura and unanimously
adopted, it was
#208-58 RESOLVED, that having considered the request of the Assistant
City Engineer and Director of Public Works dated March 14, 1958, request-
ing authority to sign sewer tap-in permits for the City of Livonia and
having heretofore adopted Resolution #687-57 approving of the Plat and
engineering plans for the Joy Ann Subdivision, which plans called for a
sewer tap-in to the Middle Rouge Parkway Interceptor, the Council does
herein grant to the Assistant City Engineer the authority to execute and
sign on behalf of the City of Livonia, but incurring no expense to the
City of Livonia for permitsetc., sewer tap-in permit No. A-13 granting
to the City of Livonia permission to tap into the Middle Rouge Parkway
Interceptor.
By Councilman Bagnall, seconded by Councilman Kleinert and unanimously
adopted, it was
#209-58 RESOLVED, that the Council does herein concur in the report
and recommendation of the City Planning Commission dated March 18, 1958,
as to Petition No. Z-248 of Andrew andLois E. LaPrese for change of
zoning in the Northwest 1/4 of Section 3 from RUFB to M-1, and such
petition is hereby denied.
By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
#210-58 RESOLVED, that pursuant to the letter dated March 27, 1958,
from Robert E. Childs, Attorney for Luther G. and Gladys L. Lentz, the
Council does herein return to the City Planning Commission Petition
No. Z-249 in order to allow the petitioner an opportunity to amend such
petition in accordance with the recommendations of the City Planning
Commission in its report to the Council. dated March 18, 1958.
By Councilman Ventura, seconded by Councilman Bagnall and unanimously
adopted, it was
#211-58 RESOLVED, that the Council does herein concur with the report
and recommendation of the City Planning Commission dated March 17, 1958,
as to Petition No. Z-251 of Richard Bleznak for a change of zoning in
the Southeast 1/4 of Section 11 from RUFB to R-1-A, and Petition No.
Z-251 is hereby granted and the City Attorney is instructed to prepare
an ordinance amending Ordinance No. 60 in accordance with this resolution.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#212-58 RESOLVED, that the Council does herein concur with the report
and recommendation of the City Planning Commission dated March 18, 1958,
as to Petition No. Z-256 of George Karabenick, Carey Homes, for a change
of zoning in the Southeast 1/4 of Section 2 from RUFB to R-1-B; and
Petition No. Z-256 is hereby granted and the City Attorney is instructed
to prepare an ordinance amending Ordinance No. 60 in accordance with
this resolution.
Page 3335
By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
#213-58 RESOLVED, that pursuant to the communication from the Michigan
Liquor Control Commission dated January 27, 1958, and the recommendation
from the Livonia Police Department dated March 11, 1958, the Council
does hereby approve the request from Joseph Baranoski to transfer owner-
ship of 1957 Class C License with Dance Permit from Elmer Smith,
28001 Seven Mile Road, Livonia, Michigan.
By Councilman Ventura, seconded by Councilman Daugherty, it was
#214-58 RESOLVED, that pursuant to the communication from the Michigan
Liquor Control Commission dated February 19, 1958, and the recommendation
from the Livonia Police Department dated March 11, 1958, the Council does
hereby approve the request of Sam Zehra, 33880 Plymouth Road, Livonia,
Michigan, for a new Dance-Entertainment Permit and Food Permit in
conjunction with 1957 Class C License.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Ventura, Daugherty and O'Neill
NAYS: Jones
The Chairman declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman Ventura and unanimously
adopted, it was
#215-58 RESOLVED, that Petition No. V-30 of Spalding, DeDecker &
Associates is hereby referred to the City Planning Commission for a
public hearing and recommendation to the Council pursuant to the provi-
sions of Ordnance No. 29.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
#216-58 RESOLVED, that having considered the letter from Mr. James D.
Hayden, 6011 Newburg Road, Wayne, Michigan, and pursuant to the provisions
of Ordinance No. 34, the Council does herein grant to the above named
party and applicant a license for the collection, removal and transporta-
tion of municipal waste for the twelve month period commencing April 1,
1958, and extending through March 31, 1959; provided that said applicant
and licensee shall conduct his business in accordance with the provisions
of all rules, regulations and ordinances of the City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Jones, Daugherty and O'Neill
NAYS; : Bagnall and Ventura
The Chairman declared the resolution adopted.
Page 3336
Councilman Daugherty introduced the following emergency Ordinance:
ORDINANCE No. 199
AN ORDINANCE AMENDING ORDINANCE NO. 183 OF THE CITY OF LIVONIA
ENTITLED, "AN ORDINANCE ESTABLISHING ELECTION PRECINCTS WITHIN
THE CITY OF LIVONIA, FIXING THE BOUNDARIES THEREOF, AND PROVIDING
FOR THE PUBLICATION AND POSTING OF NOTICE THEREOF", BY AMENDING
SECTIONS 10 AND 11 AND BY ADDING SECTIONS 25 AND 26 THERETO.
THE CITY OF LIVONIA ORDAINS:
Section 1. Sections 10 and 11 of Ordinance No. 183 of the
City of Livonia entitled, "An Ordinance Establishing Election Precincts
within the City of Livonia, Fixing the Boundaries Thereof, and Provid-
ing for the Publication and Posting of Notice Thereof," are hereby
amended to read as follows:
Section 10. That Election Precinct No. 10 shall consist
of that area of the City lying South of the center of School-
craft Road and North of the center of West Chicago Road
between the center of Henry Ruff Road and an imaginary line
extending Northerly to Schoolcraft Road on the West and the
center of Middlebelt Road on the East.
Section 11. That Election Precinct No. 11 shall consist of
that area of the City lying South of the center of Schoolcraft
Road and North of the center of West Chicago Road and an
imaginary line extending East to Henry Ruff Road and between
the center of Merriman Road on the West and the center of
Henry Ruff Road and an imaginary line extending northerly
to Schoolcraft Road on the East.
Section 2. Ordinance No. 183 of the City of Livonia is
hereby amended by adding thereto the following sections:
Section 25. That Election Precinct No. 25 shall consist of
all that area of the City lying South of the center of West
Chicago Road between the center line of Middlebelt Road on
the East and Henry Ruff Road on the West.
Section 26. That Election Precinct No. 26 shall consist of
all that area of the City lying South of the center of West
Chicago Road and an imaginary line extending East to Henry
Ruff Road and between the center line of Henry Ruff Road on
the East and the center line of Merriman Road on the West.
Section 3. That notice of the division of the City into the
additional election precincts described above shall be published for two
successive weeks in The Livonian, the first publication to be within
ten (10) days after the adoption of the ordinance and such notice shall
be posted in two or more public places in each of the said election
precincts, the boundaries of which are affected by this ordinance; and
a like notice shall be immediately transmitted by the City Clerk to the
County Clerk.
Page 3337
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 holding shall not be construed as affecting
the validity of any of the remaining portions of this ordinance.
A roll call vote was conducted on the foregoing ordinance with the following result:
AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill
NAYS: None
The Chairman declared the Ordinance duly adopted and will become effective on the
date of publication, after having been approved by the Mayor.
By Councilman Ventura, seconded by Councilman Daugherty, and unanimously
adopted, it was
#2l7-58 RESOLVED that,
WHEREAS the economic conditions not only in the City of
Livonia, but throughout the entire nation, is creating a tremendous
increase in unemployment, and
WHEREAS renowned economists have advised that an excellent
way of alleviating the current economic recession is to declare a
moratorium on the payment of Federal income taxes, thereby increasing
consumer purchasing power,
NOW THEREFORE, BE IT RESOLVED that the Council of the City
of Livonia hereby requests the Congress of the United States of America
to take immediate steps to give President Eisenhower the authority
necessary to declare a moratorium on the payment of Federal income taxes
for a period of ninety (90) days, and
BE IT FURTHER RESOLVED that the City Clerk be and she hereby
is directed to forward certified copies of this resolution to the
Honorable Martha W. Griffiths, Representative in the United States
Congress and to the Honorable Charles Potter and Patrick V. McNamara,
United States Senators, and
BE IT FINALLY RESOLVED that certified copies of this resolution
be sent to the various cities, villages and townships in the County of
Wayne, urging them to enact similar resolutions, and that they forward
copies of their resolutions to the Congressman of their district and to
the Honorable Charles Potter and Patrick V. McNamara, United States
Senators, Washington, D. C.
Page 3338
Councilman Ventura introduced the following Vacating Ordinance:
ORDINANCE NO.
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND.
THE CITY OF LIVONIA ORDAINS:
Section 1. The reports and recommendations of the City
Planning Commission dated December 16, 1957, on Petition No. V-24
and Petition No. V-25, dated January 10, 1958, on Petition No. V-26,
and dated February 20, 1958, on Petition No. V-28, for vacating
portions of certain streets, alleys and public ground, are hereby
accepted and adopted and the Council does hereby approve all proceed-
ings on said petitions, it appearing that public hearings thereon were
duly held on December 10, 1957, January 7, 1958, and February 18, 1958,
as provided by law and that the proper notices of such hearings were
given.
Section 2. Pursuant to Ordinance No. 29 of the City of
Livonia entitled, "An Ordinance Providing the Procedure for Vacating
of Streets, Alleys and Public Ground", as amended by Ordinance No. 50,
the following portions of certain streets, alleys and public ground
are hereby vacated:
(a) Those portions of alleys described in Petition No. V-24
being more particularly described as all of the north
and south alleys between Deering and Inkster and between
Plymouth and Grantland in the Southeast 1/4 of Section 25,
T. 1 S., R. 9 E., City of Livonia, Michigan; provided,
however, that there be and hereby is reserved an ease-
ment the full width of the present alleys for public
utilities and surface drainage.
(b) That certain alley described in Petition No. V-25 being
more particularly described as the north-south alley
extending from Joy Road to Dover Street between Fremont
and Hugh Streets in the Southeast 1/4 of Section 35,
T. 1 S., R. 9 E., City of Livonia, Michigan; provided,
however, that there be and is hereby reserved an ease-
ment the full width of the present alley for public
utilities and surface drainage.
(c) That certain alley described in Petition No. V-26 being
more properly described as the alley west of Fremont
between Dover and the alleys north of Joy Road in the
Southeast 1/4 of Section 35, T. 1 S., R. 9 E., City of
Livonia, Michigan; provided, however, that there be and
is hereby reserved an 18-foot easement for public utilities
and surface drainage.
(d) That certain portion of public right-of-way described in
Petition No. V-28 being more properly described as the
south 43 feet of West Chicago Road between Sunset Avenue
and Henry Ruff Road in the Southwest 1/4 of Section 35,
T. 1 S., R. 9 E., City of Livonia, Michigan.
Page 3339
Section 3. 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 4. Should any portion of this ordinance be held
invalid for any reason, such holding shall not be construed as affecting
the validity 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.
Councilman Kleinert introduced the following Ordinance:
ORDINANCE No.
AN ORDINANCE AMENDING SECTION 5.1 OF THE TRAFFIC ORDINANCE,
ORDINANCE NO. 21, AS AMENDED, OF THE CITY OF LIVONIA
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 5.1 of the Traffic Ordinance, Ordinance
No. 21, as amended, entitled "An Ordinance Regulating Traffic and the
Use and Operation of Vehicles Upon the Public Streets and Thorough-
fares of the City of Livonia, Providing for the Disposal of Abandoned
Vehicles, Providing a Penalty for Violation of this Ordinance and
Repealing all other Ordinances and Sections of Ordinances in Conflict
Herewith", is hereby amended as follows:
Section 5.1 Speed Regulations
(a) Each person driving a vehicle on a highway shall drive
the same at a careful prudent speed not greater nor less
than is reasonable and proper, having due regard to the
traffic, surface, and width of the highway and any other
conditions then existing and no person shall drive any
vehicle on any highway at a speed greater than will permit
him to bring it to a stop within the assured clear distance
ahead.
(b) Subject to the provisions of subsection (a) of this section,
and excepting in those instances where a lower speed is
specified in this Ordinance, it shall be prima facie lawful
for a driver to drive at a speed not exceeding the follow-
ing, but in any case when such speed would be unsafe it
shall not be lawful: Twenty-five (25) miles per hour on
all streets in a business district as defined herein;
twenty-five (25) miles per hour in a residential district
as defined herein, and in public parks, unless such parks
are posted for a lower speed by order of the Traffic
Commission with the approval of the Council.
(c) It is hereby determined upon the basis of an engineering
and traffic investigation that the speed permitted by
State law outside of business and residential districts
Page 3340
as applicable upon the following streets is greater than
is reasonable or safe under the conditions found to exist
upon such streets and it is hereby declared that the
prima facie speed limit shall be Twenty-five (25) or
Thirty-five (35) or Forty (40) or Fifty (50) miles per
hour as herein set forth on these streets or parts of
streets herein designated when signs are erected giving
notice thereof; provided, however, that said prima facie
speed limit of Thirty-five (35) or Forty (40) or Fifty (50)
miles per hour shall not be applicable to or effective in
any business or residential districts.
Name of Street and Parts Designated Prima Facie Speed Limit
The South one-half (1/2) of Eight Mile
Road from Inkster to Farmington Road Forty (40) miles per hour
The South one-half (1/2) of Eight Mile
Road from Farmington to Haggerty Road Fifty (50) miles per hour
Seven Mile Road from Inkster to
Farmington Road Forty (40) miles per hour
Seven Mile Road from Farmington to
Haggerty Road Fifty (50) miles per hour
Six Mile Road from Inkster Road to
Farmington Road Forty (40) miles per hour
Six Mile Road from Farmington Road to
Haggerty Road Fifty (50) miles per hour
Five Mile Road from Inkster Road to Fairlane Thirty-five (35) miles per hour
Five Mile Road from Fairlane to Eckles Road Fifty (50) miles per hour
Schoolcraft Road from Inkster Road to
Eckles Road Fifty (50) miles per hour
West Chicago Blvd. from Inkster Road to
Middlebelt Road Forty (40) miles per hour
The North one-half (1/2) of Joy Road from
Inkster Road to Middlebelt Road Forty (40) miles per hour
Ann Arbor Trail Thirty-five (35) miles per hour
The West one-half (1/2) of Inkster Road
from Five Mile Road to Joy Road Forty (40) miles per hour
The West one-half (1/2) of Inkster Road
from Five Mile Road to Eight Mile Road Thirty-five (35) miles per hour
Middlebelt Road from Eight Mile Road to
Joy Road Thirty-five (35) miles per hour
Page 3341
Name of Street and Parts Designated Prima Facie Speed Limit
Farmington Road from Eight Mile Road to
Joy Road Forty (40) miles per hour
Wayne Road from Plymouth Road to Joy Road Forty-five (45) miles per hour
Plymouth Road from Inkster Road to
Ann Arbor Road Forty (40) miles per hour
Plymouth Road from Ann Arbor Road to
Eckles Road Forty-five (45) miles per hour
Merriman Road from Joy Road to Seven
Mile Road Thirty-five (35) miles per hour
Hubbard Road from West Chicago Blvd to
Six Mile Road Twenty-five (25) miles per hour
Gill Road from Seven Mile Road to
Eight Mile Road Thirty-five (35) miles per hour
Levan Road from Plymouth Road to
Five Mile Road Thirty-five (35) miles per hour
Newburgh Road from Joy Road to Eight
Mile Road Thirty-five (35) miles per hour
Stark Road from Hathaway Avenue to
Lyndon Avenue Twenty-five (25) miles per hour
The East one-half (1/2) of Haggerty Road
from Five Mile Road to Eight Mile Road Forty (40) miles per hour
The East one-half (1/2) of Eckles Road
from Plymouth Road to Schoolcraft Road Forty (40) miles per hour
The East one-half (1/2) of Eckles Road
from Schoolcraft to Five Mile Road Thirty-five (35) miles per hour
(d) It is hereby determined upon the basis of an engineering
and traffic investigation that the speed permitted by
State law outside of business and residential districts
for trucks is greater than is reasonable or safe under
the conditions found to exist upon the streets of the
City and it is hereby declared that, notwithstanding
other provisions of this ordinance, the prima facie
speed limit for trucks traveling on any highway or
street in the City of Livonia shall be Thirty-five (35)
miles per hour when signs are erected giving notice
thereto, provided, however, that said prima facie speed
limit of Thirty-five (35) miles per hour shall not be
applicable to or effective in any business or residential
district nor to any highway or street posted for a lower
speed by order of the Traffic Commission with the approval
of the Council. For the purpose of this section the word
"truck" shall mean every motor vehicle designed, used or
Page 3342
maintained primarily for the transportation of property.
(e) On all State and Federal trunk line highways within the
City it shall be prima facie lawful for a driver of a
vehicle to drive at a speed not exceeding that which may
be determined from time to time by the Michigan State
Highway Commissioner under provisions of Act 119 of the
P.A. 1933, or any amendment thereof; provided, however,
that on any and all State and Federal trunk line highways
or parts thereof within the City on which no speed limi-
tations have been determined by said State Highway Commis-
sioner's determinations may have been revoked or suspended,
the ordinary speed limits as set forth in the foregoing
subsection of this section shall apply.
(f) It shall be prima facie unlawful for any person to exceed
any of the foregoing speed limitations.
Section 2. Ordinance Nos. 89, 170, and 191 are hereby
repealed as of the date that this ordinance takes effect. All other
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 3. 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 portions of this ordinance.
The foregoing ordinance was placed on the table for consideration at the
next regular meeting of the Council.
By Councilman Bagnall, seconded by Councilman Daugherty and unanimously
adopted, it was
#218-58 RESOLVED, that pursuant to the request of the Police Commis-
sioner dated March 24, 1958, and in view of the substantial savings
that might accrue to the City, the Council does herein authorize the
Police Department to have City-owned radio equipment maintained and
repaired on an "as required" basis for the months of April and May for
the purpose of determining whether or not this procedure is more
economical than the present method of contracting such services.
By Councilman Bagnall, seconded by Councilman Jones, it was
#219-58-ij RESOLVED, that the report of the Finance Committee for the
month of February, 1958, is hereby approved and a summary spread on
the minutes as follows:
Page 3343
General, Administrative and Legislative $ 5,215.69
Department of Public Safety 1,793.52
Department of Public Works 6,902.83
Department of Parks and Recreation 1,616.02
Middle Rouge Bonds, Interest and Fees $46,464.77
Insurance 2,852.69 49,317.46
General Ledger Accounts:
DPW Inventories $ 197.18
Gas Tax Refundable 1.44
Advances 81.50 280.12
TOTAL $65,125.64
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill
NAYS: None
By Councilman Bagnall, seconded by Councilman Ventura, it was
#219-58 RESOLVED, that the sum of $150.00 be transferred from the
Unallocated Fund to the Civic Center Program for the express purpose
of appraising the Civic Center Parcel described in the letter from
Daniel Horgan dated March 8, 1958, and the Commissioner of the
Department of Public Works is hereby directed to do all things
necessary to carry out this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill
NAYS: None
By Councilman Kleinert, seconded by Councilman Jones and unanimously
adopted, it was
#220-58 RESOLVED, that a regular meeting of the Council of the City
of Livonia is called for 8:00 P.M. on April 10, 1958, for the express
purpose of approving the minutes of the 240th regular meeting of the
Council held on March 31, 1958, and to take a roll call vote on the
ordinances introduced at said 240th regular meeting.
On motion by Councilman Ventura, seconded by Councilman Daugherty,
and unanimously adopted, this 240th regular meeting of the Council of the City
of Livonia was duly adjourned at 10:35 o'clock P.M., March 31, 1958.
-,2_, 2,,
Mare,W. Clark, City Clerk