HomeMy WebLinkAboutCOUNCIL MINUTES 1957-01-14 Page 2667
MINUTES OF THE ONE HUNDRED NINETY-FIFTH REGULAR METING
OF THE COuNCIL OF THE CITY OF LIVONIA
On January 14, 1957, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:14 P. M., by the
President of the Council. Councilman Ventura delivered the invocation. Roll was
called with the following result: Present-- Austin T. Grant, Frank O'Neill, Sydney B.
Bagnall, Rudolf R. Kleinert, David L. Jones, Peter A.Ventura and John T. Daugherty.
Absent-- None.
By Councilman Ventura, seconded by Councilman Bagnall and unanimously
adopted, it was
#e7-57 RESOLVED that, the minutes of the 194th regular meeting of the
Council of the City of Livonia held January 7, 1957, are hereby approved
as submitted.
The City Clerk, Marie W. Clark, read a letter dated January 14, 1957, re-
garding bid for maintenance gravel.
By Councilman Jones, seconded by Councilman Bagnall, it was
#28-57 RESOLVED that, on recommendation of the Director of Public Works
dated January 14, 1957, the bid of Hayes Washed Sand and Gravel for road
maintenance gravel in the amount of $1.15 per ton delivered, is hereby
approved.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, O'Neill, Daugherty, Ventura, Jones, Kleinert and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Jones, it was
#29-57 RESOLVED that, the report of the Director of Public Works regard-
ing the bid of Edward C. Levy for purchase of Road Maintenance Slag, Stock
Pile Requirements of 1,000 tons 1 1/2" Down Open Hearth Slag at $2.00 per
ton for delivery before March 1, 1957, is approved; and the remaining portion
of the bid is hereby rejected.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Daugherty, Ventura, Jones, Kleinert, Bagnall, sad Grant.
NAYS: None.
The City Clerk, Marie W. Clark, read a letter from the City Engineer regard-
Page 2668
ing sanitary sewer in Van Court and Parkdale Avenue.
By Councilman Daugherty, seconded by Councilman Bagnall and unanimously
adopted, it was
#30-57 RESOLVED that, the letter dated January 10, 1957 from the City
Engineer regarding sanitary sewer in Van Court and Parkdale Avenue is
hereby referred to the Sewer Committee of the Council and the Sewer and
Water Commission for report and recommendation to the Council at the next
regular meeting.
The City Clerk, Marie W. Clark, read a letter from the City Engineer re-
garding a drainage meeting in Redford.
By Councilman Daugherty, seconded by Councilman Ventura and unanimously
adopted, it was
#31-57 RESOLVED that, the report of the City Engineer dated January 4,
1957, regarding drainage meeting in Redford be and hereby is referred to
the next study meeting of the Council for further information.
The hour of 8:30 P. M., having arrived, the City Clerk, Marie W. Clark,
opened and read the f ollawing bids:
FUEL OIL
1. Anre Fuel Oil Service Co.
�
Oil Ll .1 038 per gallon
o n
2. Gulf Oil Co.
#1 Oil .172 per gallon
#2 Oil .162 n II
3. Consumers Petroleum
#1 Oil. .162,less discount, 10 per gal.
#2 Oil .152,1ess discount, 1¢ per gal.
1%, 10 days; net 30 days
4. Standard Oil
#1 Oil, Fire Station, Five Mile
near Farmington .172 per gallon
#2 Oil, Fire Station, Seven Mile
and Middle Belt .162 per gallon
#1Oil, Pumping &dation, Joy
Road near Floral .172 per gallon
#1 Oil, Storage Bgilding
Merriman & Plymouth .172 per gallon
#2 Oil, DPW Yard, 12973 Farmington
Road .162 per gallon
Page 2669
5. Koenig Coal & Supply Co.
#1 Oil .162 per gallon
#2 Oil, #3 Fire Station .152 per gallon
DFII Yard .15 per gallon
By Councilman Bagnall, seconded by Councilman Ventura, it was
#32-57 RESOLVED that, the bid of Anre Oil Company as follows:
#1 Oil .16038 per gallon
#2 Oil .15018 per gallon
be accepted and that all other bids for fuel oil be and hereby are
rejected.
A roll call vote was taken on the foregoing redolution with the following result:
AYES: Bagnall, Daugherty, Ventura, Jones and Grant.
NAYS: O'Neill and Kleinert.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#33-57 RESOLVED that, pursuant to Section 6 of Chapter VIII of the
Charter of the City of Livonia, the Board of Review (Tax Assessments)
shall convene for its first session on Tuesday, March 5, 1957, and Wed-
nesday, March 6, 1957; and that such Board shall convene for its second
session on Monday, March 18, 1957, and Tuesday, March 19, 1957; that said
sessions shall be held at the City Hall, 33001 Five Mile Road, Livonia,
Michigan, during the hours of 9:00 A. M., to 1&:30 P. M., on each of said
dates, except that on March 18, 1957, and March 19, 1957, the sessions
shall also be held between the hours of 7:00 P. M., and 9:00 P. M.
By Councilman Kleinert, seconded by Councilman Bagnall, it was
RESOLVED that, pursuant to Chapter X, Section 8 of the Charter
of the City of Livonia, The Livonian, a newspaper of general circulation
within the City of Livonia, doing business at 33050 Five Mile Road in the
City of Livonia, is hereby designated as the Official Newspaper of the
City of Livonia for the purpose of publishing notices and proceedings re-
quiring publication; and that this designation shall be for a period of
one year from the effective date of this resolution.
By Councilman O'Neill, seconded by Councilman Jones, it was
#34-57 RESOLVED that, the question of the official newspaper for the
City of Livonia be tabled for further study by the Committee.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Daugherty, Ventura and Jones.
Page 2670
NAYS: Kleinert, Bagnall and Grant.
LThe President declared the resolution adopted.
Councilman Daugherty, as Chairman of the Sewer Committee, read a report
regarding the Coventry Gardens Sewer.
By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
#35-57 RESOLVED that, the Council, having considered the report of
Edwin M. Orr dated November 19, 1956, submitted pursuant to resolution
#611-56, with respect to the storm sewer situation in Coventry Gardens
Subdivision, and pursuant to the recommendatign of the Sewer Committee,
does hereby approve the plan contained in said report and designated as
Klan #3, and authorizes the said Mr. Edwin M. Orr to complete the necessary
engineering plans and prepare an estimate of the cost in order that the
Council may properly advertise for bids; the expense of such improvement
to be paid out of the anticipated surplus from the present sewer bond is sue.
The City Clerk, Marie W. Clark, read a letter addressed to the Mayor from
the Wayne County Road Comrxi.s si on regarding sewers in Section 2.
Connrilman Daugherty was excused at 8:58 P. M.
By Councilman Jones, seconded by Councilman Ventura, it was
#36-57 RESOLVED that, pursu$nt to a letter from the Board of Wayne
County Road Commissioners dated January 9, 1957, addressed to Mayor
William W. Brashear, the City of Livonia does hereby accept those sewers
in Section 2 of the Livonia Sewer Project, except those in the area north
of Five Mile Road and west of Hubbard Road; provided, however, that final
approval of such sewer installations is hereby reserved until the area has
been cleaned up in accordance with the provisions contained in the plans
and specifications; and provided further that such acceptance is only for
the purpose of placing such sewers in operation, making connections there-
to and carrying out the provisions of all ordinances pertaining thereto
but without waiver of any rights or claims as to defects, damages or per-
formance of contract.
A roll call vote was taken on the foregoing resolution with the following results
AYES: O'Neill, Ventura, Jones, Kleinert, Bagnall and Grant.
NAYS: None.
Marie W. Clark, City Clerk, read a letter from the Department of Public
Works regarding preliminary plans for extension of Five Mile Sewer.
By CouncilmanVentura, seconded by Councilman Kleinert, it was
Page 2671
#37-57 RESOLVED that, having heretofore given permission, pursuant to
resolution #623-56, to the Department of Public Works to engage the en-
gineering firm of Hubbell, Roth and Clark to prepare preliminary plans
for the extension of the Five Nile Sanitary Trunk from Ashurst Avenue
west to Newburgh Road, and the extension of the Schoolcraft Sanitary
Trunk, and having further considered the letter of the Department of
Public Works dated January 114, 1957, requesting the Council to accept
the preliminary plan as submitted by the aforesaid engineering fins, the
Council does hereby accept the preliminary plan for the extension of the
aforesaid sanitary trunks as submitted by the engineering firm of Hubbell,
Roth and Clark and the Department of Public Works.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Ventura, Jones, Kleinert, Bagnall and Grant.
NAYS: None.
Councilman Ventura, as Chairman of the Insurance Committee, gave a report
regarding invoices from William Wood Agency.
Councilman Daugherty returned at 9:05 P. N.
By Councilman Jones, seconded by Councilman Bagnall, it was
#38-57 RESOLVED that, on recommendation of Councilman Ventura, Chairman
of the Insurance Committee, the i'ollowing invoices from the Wood Agency:
Dated November 20, 1956 in the amount of $208.90, earned premium on
Federal bond which was cancelled November 20, 1956, and
Dated December 15, 1956 in the amount of $40.00, to cover tax collectors
bonds
are hereby approved for payment.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Daugherty, Ventura, Jones, Kleinert, Bagnall and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
#39-57 RESOLVED that
WHEREAS, mailing of current City tax bills was considerably
delayed due to late receipt of same from Wayne County offices,
NOW, THEREFORE, BE IT RESOLVED that, the date of collection
of the usual four (14%) per cent penalty fee be extended to March 1, 1957.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Daugherty, Ventura, Kleinert and Grant.
NAYS: Jones and Bagnall.
Page 2672
The President declared the resolution adopted.
Councilman Ventura was excused at 9:14 P. M., and returned at 9:16 P. M.
By Councilman Kleinert, seconded by Councilman Ventura and unanimously
adopted, it was
# 0-57 RESOLVED that
WHEREAS, the City Council has heretofore and does hereby determine
that it is necessary to install a public improvenen ,within a certain here-
inafter defined area, for the use and benefit of the public, said improve-
ment to consist of the installation of sidewalks within the City as set
forth and described in Special Assessment District #6 of the City of Livonia,
and
WHEREAS, the aforesaid sidewalks to be constructed are along
Five Mile Road, between Farmington Road on the west and Hubbard Road on
the east on the north side of Five Mile Road; and between Farmington Road
on the west and Berwick Avenue on the east along the south side of Five
Mile Road; and
WHEREAS, it is necessary, in order to install and complete said
improvements, to take and condemn certain private property lying within
the boundary of the aforesaid improvement district in order to complete
and improve the same for the benefit and use of the public;
NOW, THEREFORE, BE IT RESOLVED that, the City Council hereby de-
clares that it is necessary to install sidewalks along Five Mile Road at
the above described location; that such sidewalks are a public improvement
necessary in the City of Livonia; that the Council does hereby declare that
it is necessary to take private property for such improvement, which said
property to be taken for said public improvement is legally described as
follows:
Land situated in the City of Livonia, Wayne County,
Michigan, described as the South 27 feet of the
North 60 feet of the North 528.0 feet of the West 1/2
of the East 20 acres of the Northeast i/4 of the
Northwest 1/i. of Section 22, T. 1 S., R. 9 E., said
parcel being listed as Item#22G on the City Tax Roll
and title thereto being in one Mrs. Charles F. Smith
as shown by said Tax Roll;
and which said property lies within the boundary of the improvement district
designated as follows: the installation of sidewalks along Five Mile Road,
between Farmington Road on the west and Rubbard Road on the east along the
north side of Five Mile Road; and between Farmington Road on the west and
Berwick Avenue on the east along the south side of Five Mile Road; all ac-
cording to the plans and specifications of the City Engineer as contained
in his plans and specifications pertaining to Special Assessment District
#6, which is the special assessment district of the aforesaid improvement;
and that said improvement is for the use and benefit of the public; and
that it is necessary to take and condemn the above described private property
to complete said improvement;
Page 2673
NOW, THEREFORE, BE IT FURTHER RESOLVED that, the City Attorney
institute the necessary proceedings on behalf of the City of Livonia in
the Wayne County Circuit Court to carry out the object and purpose of the
aforesaid resolution in regard to the taking of the private property as
described therein for the City of Livonia; aid that the City Attorney com-
mence and complete all necessary legal procedures and action to take the
aforesaid private property for the City of Livonia.
By Councilman Daugherty, seconded by Councilman Jones and unanimously
adopted, it was
j1-57 RESOLVED that
WHEREAS, the City Council has heretofore and does hereby determine
that it is necessary to install a public improvement, within a certain here-
inafter defined area, for the use and benefit of the public, said improve-
ment to consist of the installation of sidewalks within the City as set
forth and described in Special Assessment District #6 of the City of Livonia,
and
WHEREAS, the aforesaid sidewalks to be constructed are Long Five
Mile Road, between Farmington Road on the west and Hubbard Road on the east
on the north sib of Five Mile Road; and between Farmington Road on the west
and Berwick Avenue on the east along the s oath side of Five Mile Road, and
WHEREAS, it is necessary, in order to install and complete said
improvements, to take and condemn certain private property lying within
the boundary of the aforesaid improvement district in order to complete
and improve the same for the benefit arra use of the public;
NOW, THEREFORE, BE IT RESOLVED that, the City Council hereby de-
clares that it is necessary to install sidewalks along Five Mile Road at the
above described location; that such sidewalks are a public improvement neces-
sary in the City of Livonia; that the Council does hereby declare that it is
necessary to take private property for such improvement, which said property
to be taken for said public improvement is legally d escribed as follows:
Land situated in the City of Livonia, Wayne County,
Michigan, described as the North 7 feet of Lots #51
and #52 of Livonia Park Subdivision of the Northwest
1/14 of the Northeast 1/4 of Section 22, T. 1 S., R. 9
E., said parcels being listed as Items #22B51 and
#22B52 on the City Tax Roll and title thereto being
in one Mr. Leo Taylor as shown by said Tax Roll;
and which said property lies within the boundary of the improvement district
designated as follows: the installation of sidewalks along Five Mile Road,
between Farmington Road on the west and Hubbard Road on the east along the
north side of Five Mils Road; gnd between Farmington Road on the west and
Berwick Avenue on the east along the south side of Five Mile Road; all ac-
cording to the plans and specifications of the City Engineer as contained
in his plans and specifications pertaining to Special Assessment District
#6, which is the special assessment district of the aforesaid improvement;
and that said improvement is for the use and benefit of the public; and that
it is necessary to take and condemn the above described private property to
complete said improvement;
Page 26714
Nag, THEREFORE, BE IT FURTHER RESOLVED that, the City Attorney
institute the necessary proceedings on behalf of the City of Livonia in the
Wayne County Circuit Court to carry out the object and purpose of the afore-
said resolution in regard to the taking of the private property as described
therein for the City of Livonia; and that the City Attorney commence and com-
plete all necessary legal procedures and action to take the aforesaid private
property for the City of Livonia.
The Ordinance entitled "An Ordinance Amending Sections 2, 4, 11, 23 and 28
of the Zoning Map of the City of Livonia, and Amending Article 3.00 of the Zoning Or-
dinance, Ordinance No.. 60, as Amended, of the City of Livonia, by Adding Thereto
Sections 3.115, 3.116, 3.117, 3.118 and 3.119", introduced by Councilman Jones January
7, 1957, was taken from the table and a roll call vote conducted thereon with the
following result:
AM: O'Neill, Daugherty, Ventura, Jones, Kleinert, Bagnall and Grant.
NAYS: None.
The President declared the ordinance duly adopted and would become effective on date
of publication, January 31, 1957.
The Ordinance entitled "An Ordinance Amending Section 13 of the Zoning Map
of the City of Livonia, and Amending Article 3.00 of the Zoning Ordinance, Ordinance
No. 60, As Amended, of the City of Livonia, by Adding Thereto Section 3420", introduced
by Councilman Kleinert January 7, 1957, was taken from the table and a roll call vote
conducted thereon with the following result:
AYES: Bagnall, O'Neill, Kleinert and Grant.
NAYS: Daugherty, Ventura and Jones.
The President declared the ordinance duly adopted aid would become effective on date
of publication, January 31, 1957.
The Ordinance entitled "An Ordinance Amending Section 4.014 of Oreimm„re
No. 60, As Amended, of the City of Livonia, entitled 'Zoning Ordinance of the City of
Livonia," introduced by Councilman Kleinert January 7, 1957, was taken from the
table and a roll call vote conducted thereon with the following result:.
Page 2675
AYES: O'Neill, Daugherty, Ventura, Jones, Kleinert, Bagnall and Grant.
NAYS: None.
The President declared the ordinance duly adopted and would become effective on date
of publication, January 31,1957.
A recess was cried at 9:25 P. M., after which the meeting resumed with all
members present who were named as present in the original roll call of this meeting.
The City Clerk, Marie W. Clark, read the recommendation of the City Planning
Commission as to retition No. Z-203.
By Councilman Ventura, seconded by Councilman O'Neill, it was
#42-57 RESOLVED that, Petition No. Z-203 be tabled until such time as
the Department of Law submits a report as to ownership of the property
and whether or not the persona who signed the petition are actually the
owners.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Daugherty, Ventura, Jones, Bagnall and Grant.
NAYS: Kleinert.
The President declared the resolution adopted.
Marie W. Clark, City Clerk, read a letter from the City Attorney regarding
the court case of Marie W. Clark, vs. City of Livonia, et al.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
#43-57 RESOLVED that, resolution #318-52, establishing the salary of
the Chairman of the Election Commission is hereby rescinded, effective as
of April 14, 1958„ said date being the expiration of the present term of
office of the Chairman of the Election Commission; provided, however, that
this action shall not in any way affect the compensation of such office
for the balance of the present term.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Daugherty, Ventura, Kleinert, Bagnall and Grant.
NAYS: Jones.
The rresident declared the resolution adopted.
By Councilman Boers'', sa conded by Councilman Daugherty, it was
#lth-57 RESOLvED that, there is hereby transferred from the General Fund
Page 2676
to the Election Commission Account #EC-1, the sum of Twelve Hundred Dollars
($1200), to be used as compensation for the Chairman of the Election Com-
mission, pursuant to the opinion rendered in Circuit Court Case #535-988,
Marie W. Clark vs. City of Livonia, et al; such sum to represent the com-
pensation of such office during the past fiscal year and to the end of
the present fiscal year.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Daugherty, Ventura, Kleinert, Bagnall and Grant.
NAYS: Jones.
The President declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman Ventura and unanimously
adopted, it was
#45-57 RESOLVED that, consideration of the contract for paving in
Botsford Park Subdivision be tabled to the meeting of January 28, 1957.
The City Clerk, Marie W. Clark, read a letter dated January 4, 1957, from
David Lewis as to approval of plats in Blue-Bell Drain area.
By Councilman Daugherty, seconded by Councilman Bagnall and unanimously
adopted, it was
#46-57 RESOLVED that, resolution #817-56, adopted by the Council at
the regular meeting of December 10, 1956, is hereby amended to delete
from such resolution any reference to the City Planning Commission.
Marie W. Clark, City Clerk, read a letter from the Livonia Public Schools
regarding sewer problems.
By Councilman Ventura, seconded by Councilman Daugherty and unanimously
adopted, it was
#47-57 RESOLVED that, the letter of January 4, 1957, from Benton Yates,
Superintendent, Livonia Public Schools, concerning the necessity for
sewers to service certain schools which will be located in Sectio s 14
and 31, is hereby referred to the Department of Public Works for such in-
formation as may be necessary for the Sewer Committee to submit its re-
commendation on how to proceed in this matter.
The City Clerk read a letter from the Department of Engineering regarding
Merriman Road between Seven and Eight Mile Roads.
Page 2677
By Councilman Kleinert, seconded by Councilman Ventura, it was
RESOLVED that, the Council of the City of Livonia, deeming it
necessary to the public safety and welfare that Merriman Road be extended
from Seven Mile Road to Eight Mile Road in the City of Livonia, does here-
by respectfully request the Wayne County Road Commission to take those
steps necessary to effectuate such an extension of Merriman Road and to
take jurisdiction of Merriman Road between Seven Mile and Eight Mile Roads.
By Councilman Daugherty, seconded by Councilman Jones, it was
#1i8-57 RESOLVED that, the extension of Merriman Road between Seven and
Eight Mile Roads be and hereby is tabled pending receipt of a recommenda-
tion from the City Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Daugherty, Jones, Bagnall and Grant.
NAYS: Ventura and Kleinert.
The President declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman Jones and unanimously
adopted, it was
#!49-57 RESOLVED that, the matter of extension of Merriman Road between
Seven and Eight Mile Roads be referred to the City Planning Commission for
report and recommendation to the Council.
The City Clerk, Marie W. Clark, read the report from the Municipal Court
for the month of December, 1956, witch was received and placed on file.
By Councilman Kleinert, seconded by Councilman O'Neill and unanimously
adopted, it was
#50-57 RESOLVED that, Petition No. V-18 of Harry W. Curtner, et al,
for vacating certain property in Section 35 of the City of Livonia, is
hereby referred to the City Planning Commission for action according
to law and Ordinance No. 29, as amended.
By Councilman Ventura, seconded by Councilman O'Neill, it was
#51-57 RESOLVED that, this 195th regular meeting of the Council of
the City of Livonia be adjourned.
L A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Daugherty, Ventura, Jones, Kleinert and Grant.
NAYS: Bagnall.
Page 2678
The President declared the 195th regular meeting of the Council of the
City of Livonia duly adjourned at 10:30 r. M., January 14,, 1957.
/fari4 Clark, City Clerk.