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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.