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HomeMy WebLinkAboutCOUNCIL MINUTES 1957-06-10 Page 2900 MINUTES OF THE TWO HUNDRED TENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 10, 1957, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 7:35 p.m., by Vice President O'Neill, acting Chairman 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. The City Clerk, Marie W. Clark, introduced the new chief Accountant, Victor C. Phillips to the Council. The ChairIcan announced the reading of bids for the sale of $90,000.00 Street Improvement Bonds. Marie W. Clark, the City Clerk, opened and read the bids from the following companies, which complete break-down appears in later Resolution #418-57: First of Michigan Corporation, accompanied by certified check in the amount of $1,800.00 and providing for an average interest rate of 4.09274%. McDonald-Moore and Company, accompanied by certified check in the amount of 51,800.00 and providing for an average interest rate of 4.1051:•:. Braun, Bosworth and Company, accompanied by certified check in the amount of $1,800.00 and providing for an average interest rate of 4.1528% By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was: #417-57 RESOLVED that, the bids for the $90,000.00 Street Improve- ment Bonds be referred to the Legal Department and the Chief Account- ant for report and recommendation. Chairman O'Neill declared a recess for fifteen minutes while this action was taking place. ime The meeting reconvened at 8:08 p.m. The City Clerk, Marie W. Clark read the recommendation from the Department of Law and the Chief Accountant. Page 2901 By Councilman Ventura, seconded by Councilman Daugherty, it was resolved that: #418-57 WHEREAS, June 10, 1957, at 7:30 O'clock p.m. is the time fixed for the opening of sealed bids for the purchase of 1957 Street Im- provement Bonds of the par value of $90,000.00 of the City of Livonia, to be dated May 1, 1957; AND WHEREAS, said bids have been publicly opened and read by the City Clerk; AND WHEREAS, said bids are as follows: Name of Bidder Maturity Interest Rate Premium Discount 1. First of Michigan 1958 - 1966 4 1/4 % $104.19 Corporation 1967 - 1971 4 Average Int. 4.09274 % Interest Cost $27,544.02 2. McDonald-Moore 1958 - 1966 4 1/4 % 20.43 and Company 1967 - 1971 4 ;b Average Int. 4.10518 % Interest Cost $27,627.90 3. Braun, Bosworth 1958 - 1968 4 1/4 % 9.90 and Company1969 - 1971 4 Average Int. 4.1528 % Interest Cost $27,948.31 AND WHEREAS, the bid of First of Michigan Corporation has been determined to produce the lowest interest cost to the City; NOW THEREFORE BE IT RESOLVED that said 1957 Street Improvement Bonds of the par value of $90,000.00 of the City of Livonia, to be dated May 1, 1957, be awarded to said First of Michigan Corporation. RESOLVED FURTHER that the City Clerk shall return the good faith checks of unsuccessful bidders to each bidder's representative pre- sent upon proper receipt or by registered mail. A roll call vote was taken upon the above resolution, with the following result: AYES: Bagnall, Daugherty, Ventura, Jones, Kleinert, O'Neill NAYS: None The Chairman declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Kleinert, it was: #419-57 RESOLVED that the minutes of the 209th Regular Meeting of Eftthe Council of the City of Livonia, held June 3, 1957, are hereby approved as submitted. AYES: Bagnall, Daugherty, Ventura, Kleinert and O'Neill NAYS: Jones The Chairman declared the resolution adopted. Page 2902 The City Attorney, William N. Ponder, made a report to the Council in regard to a law suit action entitled "Livonia Federation of Civic Associations vs the City of Livonia and Other Defendants." The action filed was denied in Circuit Court by Judge McCrea. The City Clerk, Marie W. Clark, referred to the report of Mayor Brashear to the Council, dated May 29, 1957, in regard to sewage disposal charges against the Chevrolet Spring and Bumper Plant under Ordinances #98 and #115. By Councilman Bagnall, seconded by Councilman Jones and unanimously adopted, it was: #420-57 RESOLVED that, the letter from the Mayor dated May 29, 1957, in regard to the billing of Chevrolet Spring and Bumper Plant for sew- age disposal charges under Ordinances No. 98 and No. 115 and the at- tached opinion dated May 28, 1957, from Miller, Canfield, Paddock and Stone, regarding the same matter, are hereby referred to a special committee of the Council for its report and recommendation. Councilman Bagnall reported for the Finance Committee. By Councilman Bagnall, seconded by Councilman Ventura and unanimously adopted, it was: #421-57 RESOLVED that, pursuant to the request of the Civil Service Commission dated May 15th and approved by the Mayor on May 16, 1957, there is hereby transferred from the Unappropriated Surplus to the Civil Service Commission Budget Account No. 8 (Publishing), the sum of $600.00. A roll call vote was taken on the aforementioned resolution with the following result : AYES: Bagnall, Daugherty, Ventura, Jones, Kleinert and O'Neill. NAYS: None The Chairman declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Ventura, it was: #422-57 RESOLVED that, pursuant to the request of the City Engineer and Director of Public Works, dated June 3, 1957, there is hereby transferred from the Unappropriated Surplus to the Department of Public Works Engineering Account No. 11 (Electricity), the sum of $500.00, to cover the cost of lighting the Engineering Building and LWater Service Department for the balance of the fiscal year. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Daugherty, Ventura, Jones, Kleinert and O'Neill. NAYS: None The Chairman declared the resolution adopted. Page 2903 By Councilman Bagnall, seconded by Councilman Daugherty, it was: #423-57 RESOLVED that, the sum of 6999.47 be transferred from Unappro- L priated surplus to the Department of Works, Road Maintenance Account DPW 25, to reimburse the department for driveway tile sold to home- owners during the first five months af the 1957 fiscal year. A roll call vote was taken on the foregoing resolution, with the following result: AYES: Bagnall, Daugherty, Ventura, Jones, Kleinert and O'Neill. NAYS: None The Chairman declared the resolution adopted. Councilman Kleinert reported for the Streets and Road Committee. By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was: #424-57 RESOLVED that, the Council having considered the report of the Streets and Roads Committee does herein authorize and instruct the Department of Public Works to immediately proceed with the im- provement of that portion of Ashurst Road which crosses the Gates Drain in Coventry Gardens Subdivision; and that this improvement shall consist of lengthening the existing tile, adding sufficient road material to provide for two lane traffic and walk area and the installation of a guard rail. The City Clerk, Marie I. Clark, read by title the following ordinance, which ordinance was introduced by Councilman Bagnall on June 3, 1957. NO. 174 AN ORDINANCE TO PROVIDE FOR THE APPOINTMENT AAD DIRECTION OF SPECIAL PATROLMEN TO BE KNOWN AS "AUXILIARY POLICE" OFFICERS FOR EMERGENCY DUTY AND PROVIDING A PENALTY FOR THE VIOLATION OF ANY OF THE TERMS THEREOF. A roll call vote was taken thereon, with the following result: AYES: Bagnall, Daugherty, Ventura, Jones and O'Neill. NAYS: Kleinert The Chairman declared the ordinance adopted, and it will become effective on date of Publication, June 20, 1957. Councilman Ventura explained that Council President Grant had appointed a spe- cial committee, to be known as the Legislative Committee, consisting of Councilmen Ventura, Daugherty and O'Neill. Page 2904 By Councilman Ventura, seconded by Councilman Daugherty and unanimously adopted, it was: #425-57 RESOLVED that, the proposed ordinance to license the operation of trucks doing hauling and delivering for hire in the City of Livonia is hereby referred to the Legislative Committee of the Council for its report and recommendation. The City Clerk, Marie W. Clark read a letter dated June 5, 1957, to the Council from W. R. McCary, City Engineer, and Dave Meinzinger, Director of Public Works, dated June 5, 1957, regarding appraisal of 28425 W. Chicago for the construction of the West half of Harrison Avenue. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was: #426-57 RESOLVED that, there is hereby transferred from the Unappro- priated Surplus to the Acquisition of Land Account of the budget, the sum of $70.00 to be used for the purpose of paying Mr. Daniel J. Horgan, 18280 Asbury Park, Detroit 35, Michigan, for his services in apprais- ing property located at 28425 W. Chicago; and the City Clerk and City Treasurer are authorized to do all things necessary to the full per- L formance of this resolution. A roll call vote was taken on the foregoing resolution, with the following result: AYES: Bagnall, Daugherty, Ventura, Jones, Kleinert and O'Neill. NAYS: None Mr. Meredith Polston, owner of the property at 28425 W. Chicago Avenue, was present at the meeting and upon his questioning, was informed that the City Attorney, Mr. William N. Ponder and the Director of Public Works, Mr. Dave Meinzinger, would arrange a meeting with him during the present week to discuss this matter further. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was: #427-57 RESOLVED that, the opinion of the City Attorney, dated June 4, 1957, rendered in connection with the Appeal of Michael J. Caffery from a decision of the City Planning Commission (the precise question being, whether or not the Zoning Board of Appeals, or the City Council has jurisdiction to act as an appeal body from a decision of the City Plan- ning Commission) be received and placed on file. Marie W. Clark, City Clerk, referred to a letter dated May 29, 1957, received from Dennis Boyle, Attorney for Western Golf and Country Club. Page 2905 By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was: #428-57 RESOLVED that, the letters dated April 3, 1957 and May 29, 1957, from Mr. Dennis Boyle, attorney, in regard to the Blue and Bell Drain, as it affects the Western Golf and Country Club in Redford Township, are hereby referred to the Department of Law for investigation and reply to the writer of the above letters. The Clerk read a letter dated May 22, 1957, to the Council from the City At- torney, William N. Ponder, regarding proposed pay-back agreement, regarding Ordinance #115. By Councilman Daugherty, seconded by Councilman Kleinert, it was: #429-57 RESOLVED, that the proposed pay-back agreement prepared and submitted to the Council by the Department of Law which, in substance, provides that where a proprietor has installed a trunk sewer at his own expense, the City will reimburse a certain cost thereof when other beneficiaries tap into the trunk, is hereby referred to the Legisla- tive Committee of the Council for its report and recommendation. A roll call vote was taken on the foregoing resolution, with the following result: AYES: Bagnall, Daugherty, Ventura, Kleinert and O'Neill. NAYS: Jones The Chairman declared the resolution adopted. The City Clerk, Marie W. Clark, referred the Council to a letter from the Devonshire Park Civic Association and Bel-Aire Civic Association, regarding Henry Ruff Road - curbs and gutters, dated May 10, 1957, and a letter from the President of De- vonshire Park Civic Association, dated May 10, 1957 and, also, the report of the City Engineer dated March 28, 1957. Councilman Ventura offered the following resolution, seconded by Councilman Bagnall: RESOLVED that, the Council having considered a petition from the resi- dents of Henry Ruff Road dated July 26, 1956 , requesting the City to in- stall curbs and gutters on said road, and having also considered the re- port of the City 1±ngineer dated Mardh 28, 1957, as to the estimated cost of such project, the Council does herein determine that the curbs and gutters shall be installed on Henry Ruff Road between Orangelawn and Grandon; and the City Engineer is herein authorized to advertise and receive bids for such project in accordance with the aforementioned re- port of the City lIngineer. By Councilman Bagnall, seconded by Councilman Jones and unanimously adopted, it was: Page 2906 #430-57 RESOLVED that, the foregoing resolution be amended as follows: that the sum of money which it will cost for the aforementioned improvement be submitted to the subdividers involved and that they be requested to make payment. The Chairman asked for a roll call vote on the resolution offered by Council- man Ventura and seconded by Councilman Bagnall, as amended: #431-57 RESOLVED that, the Council having considered a petition from the residents of Henry Ruff Road dated July 26, 19560 requesting the City to install curbs and gutters on said road, and having also considered the re- port of tile City Engin,Jer dated March 28, 1957, as to the estimated cost of such project, the Council does herein determine that the curbs and gutters shall be installed on Henry Ruff Road between Orangelawn and Crandon; and the City Engineer is herein authorized to advertise and receive bids for such project in accordance with the aforementioned report of the CityEngineer; and that the sum of money which it will cost for the aforementioned improve- ment be submitted to the subdividers involved and that they be requested to make pavment. AYES: Bagnal 1, Daugherty, Ventura, Jones and O'Neill. NAYS: Kleinert, The Chairman declared the resolution adopted. A recess was called at 9:12 P. M., after which the meeting resumed at 9:30 P.M., with all members present who were named as present in the original roll call of this meeting. The City. Clerk, Marie W. Clark, read a letter dated June 10, 1957, to the Council from W. R. McCarv, City Engineer and Dave Meinzinger, Director of Public Works also dated June 10, 1957, subject: Costs of Off-Site Sanitary sewer, Ann Arbor Trail Subdivision. By Councilman Bagnall, seconded by Councilman Jones, it was #432-57 RESOLVED that, Harry Sosnick Management Co., 14900 Wyoming, Detroit, ichigan, as proprietors, having requested the City Council to approve the pro- posed plat of the following Subdivision: Ann Arbor Trail Subdivision, located in part of the South 1/2 of the Northwest quarter of Section 31; and it appear- ing that tentative approval of said prqposed plat was given by the City Planning Commission under date of April 19, 1957; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Department of Public 4c)rks under date of June 6, 1957; 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, Page 2907 and the rules and regulations of the Department of Public "orks, within a period of tw (2) years from the date of this resolution; (2) That the installation of such improvements than be supervised and inspected by the Department of Public v4orks and si ch improvements 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 satisfactorily in- stalled or, in lieu thereof, there is filed with her by said proprie- tors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: - $426,000.00 - - - - - - - Four Hundred Ninety-six Thousand Dollars 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 pro- visions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval; (5) Provided, however, that the proprietor shall install and complete said green belt as the same is shown on said plat, in accordance with plans and specifications as determined by the Department of Parks and Recreation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Daugherty, Ventura, Jones, Kleinert and O'Neill. NAYS: None, The City Clerk, Marie W. Clark, read a letter dated May 31, 1957, to the Council from Harry E. Wolfe regarding improvements in Livonia Hills Subdivision. By Councilman Bagnall, seconded by Councilman Daugherty and unanimously adopted, it was #433-57 RESOLVED that, the matter of the request of Harry E. Wolfe in his letter dated May 31, 1957, be tabled until the next regular meeting of this Council and referred to the Department of Law for preparation and presentation. The Clerk presented an application for taxicab license, submitted by Vernon Foster and John Harrison. By Councilron Ventura, seconded by Councilman Bagnall and unanimously adopted, it was h434-57 RESOLVED that, the letter and requests of Mr. John F. Harrison and Mr. Vernon E. Foster dated ila,y 22, 1957, is hereby referred to the transportation Committee of theCouncil for its report and recommendation. The Clerk read a letter dated May 15, 1957 to the Council from the Como Lake Subdivision Property Owners Association regarding extension of contract sewer. Page 2908 By Councilman Bagnall, seconded by Councilman. Ventura and unanimously adopted, it was #435-57 RESOLVED that, the letter and request of the Como Lake Sub- division Property Owners Association dated May 15, 1957, is hereby re- ferred to the Water and Sewer Board for its report and recommendation. The Clerk presented a request from Mr. Clarence Charest, represented by Mr. David E. Cole at this meeting, that consideration of Petitions No. Z-215 and Z-223 be delayed for one or two weeks. By Councilman Jones, seconded by Councilman Bagnall and unanimously adopted, it was #436-57 RESOLVED that, Petitions No. Z-215 and Z-223 be tabled until the next regular meeting of the Council, June 17th. The Clerk read a letter dated May24, 1957, to the Council from the City Planning Commission regarding Petition No. Z-218. By Councilman Kleinert, seconded by Councilman Bagnal1 and unanimously adopted, it was #436-57 - A RESOLVED that, the report and recommendation of the City Planning Commission dated May 24, 1957, as to Petition No. Z-218 of Gertrude Patton for a change of zoning classification in the Southeaat 1/4 of Section 30 from RUFB to R-2,, has been considered and such petition is hereby denied. The Clerk read a letter dated May 24, 1957, to the Council from the City Planning Commission, regarding Petition No. Z-219. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was #436-57 - B RESOLVED that, the report and recommendation of the City Planning Commission dated May 24, 1957, as to Petition No. Z-219 of C. Russell Bull, Redford Cement Floor Company for a change of zoning classifi- cation in the Southwest 1/4 of Section 13 from RUFB to C-1, has been con- sidered and such petition is hereby denied. The Clerk read a letter dated Pay 21 1957, to the Council from the City Planning Commission, regarding Petition No. Z-220. By Councilman Ventura, seconded by C ouncilmen Daugherty and unanimously adopted, it was Page 2909 #1.36-57 - C RESOLVED that, the report and recommendation of the City Planning Commission dated May 24, 1957, as to Petition No. Z-220 of Maria Gargaro for a change of zoning classification in the Southwest 1/4 of Section 13 from C-1 to C-2, has been considered and such petition is hereby denied. Councilman Bagnall left the meeting room at 10:17 P. M., just before the roll call on the above resolution, therefore, the vote was: Ayes - 5, Nays - 0. The Clerk read a letter dated May 214, 1957, to the Council from the Planning Commission , regarding Petition No. Z-221. By Councilman Ventura, seconded by Councilman. Daugherty and unanimously adopted, it was #137-57 RE:,CLVED that, the report and recommendation of the City Planning Commission dated May 24, 1957, as to Petition No. Z-221, submitted by Livonia Hills, Inc., and Harry E. Wolfe, Inc., for a change of zoning classification in the Northwest 1/4 of Section 6 from AG-B to RU is approved; #nd said Petition No. Z-221 is granted, and the City Attorney is instructed to pre- pare an ordinance amending Ordinance No. 60 in accordance with this resolution. The Clerk read a letter dated May 24, 1957, to the Council from the Planning Commission, regarding Petition No. Z-221 . By Councilman Ventura, seconded by Councilman Kleinert and unanimously adopted, it was #137-57 - A RESOLVED that, the report and recommendation of the City Plan- ning Commission dated May 24, 1957, as to Petition No. Z-221 of John Carle- simo for a change of toning classification in the Northwest 1/4 of Section 3 from RUFB to C-2, has been considered and such petition is hereby denied. The Clerk read a letter dated May 29, 1957, to the Council from the City Planning Commission regarding Petition No. Z-225. By Councilman Daugherty, seconded by Councilman Ventura, it was #438-57 RESOLVED that, the Council having received Petition No. Z-225, wherein the Planning Commission, pursuant to a public hearing held on Tuesday, May 21, 1957, resolved to amend the Master Thoroughfare Plan of the City of Livonia so as to delete the extension of Wiest Chicago Road between Henry Ruff Road and Sunset Avenue in Section 35, does hereby approve of such action and acknowledge receipt of same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daaigherty, Ventura, Jones and O'Neill. NAYS: Kleinert. Page 2910 The Chairman declared the resolution adopted. The Clerk read a letter dated May 24, 1957, to the Council from R. W. Tent, President of Parkview Acres Association,regarding Parkview Acres Subdivision Drainage Petition. By Councilman Jones, seconded by Councilman Ventura and unanimously adopted, it was: #439-57 RESOLVED that, the letter dated May 24, 1957, from R. W. Tent, President, Parkview Acres Association, wherein they request a complete survey of the drainage problems in their subdivision is hereby referred to the Department of Public Works for a report and recommendation. The Clerk read a letter dated May 2$, 1957, from Robert L. Page, Vice President, Rosedale Gardens Civic Association, to the Council. By Councilman Ventura, seconded by Councilman Jones and unanimously adopted, it was: #440-57 RESOLVED that, the Rosedale Gardens Civic Association is here- with granted permission to transport and fire aerial fireworks on or about July 4, 1957, on the park grounds south of West Chicago in Sec- tion 34; provided, however, that this display is to be under the super- vision of the Livonia Fire Department and further that the City of Liv onia will not be responsible for any injury or damage caused by the fireworks or by persons using them. The Clerk read a letter to the Council dated June 4, 1957, from the Trojan Building Company regarding Trojan Subdivision. By Councilman Kleinert, seconded by Councilman Jones, it was: #441-57 RESOLVED that, pursuant to the request of Joseph H. Friedman, Trojan Building Company, dated June 4, 1957, the Council does herein reaffirm that approval given for the proposed frojan Subdivision by Council Resolution No. 133-57, subject to all the terms and provisions of such resolution. A roll call vote was taken on the above resolution with the following result: AYES: Jones, Kleinert, Ventura and O'Neill. NAYS: Daugherty. Mr. Bagnall arrived at 10:30 p.m., and abstained from voting on the above resolution, iie due to the fact that he had not been present at the proposal of same. The Chairman declared the resolution adopted. Page 2911 The Clerk read a letter from Country Homes Association to the Council, dated June 1, 1957, stating position regarding Ordinance No. 115. By Councilman Daugherty, seconded by Councilman Jones and unanimously adopted, it was: #442-57 RESOLVED that, the letter dated June 1, 1957, from Frank E. Gokay, President, Country Honies Association, and the letter dated June 6, 1957, from the Council of Civic Associations, Section 35, in regard to deliberation toward amending Ordinance No. 115, be referred to the Sewer Committee of the Council for its report and recommendation. Chairman O'Neill announced that the next Council Study Session would be held on Wednesday, June 12, 1957. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was: #443-57 RESOLVED that the Council suspend the rules in order to take care of the appropriation for the Library Commission. By Councilman Kleinert, seconded by Councilman Ventura, it was: #444-57 RESOLVED that, there be and hereby is transferred from the Unallocated Funds the amount of $100.00 to a Miscellaneous Account, to be established for the Library Commission. A roll call vote was taken on the foregoing resolution, with the following result: AYES: Bagnall, Daugherty, Ventura, Jones, Kleinert and O'Neill. NAYS: none On motion of Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, this 210th regular meeting of the Council of the City of Livonia was duly ad- journed at 10:39 p.m., June 10,1957. ' —7) Ma W. Clark, City Clerk