HomeMy WebLinkAboutCOUNCIL MINUTES 1957-11-11 Page 3118
MINUTES OF THE TWO HUNDRED TWENTY-FIF1E REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On November 11, 1957, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:11 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 Kleinert, it was
#8Th-57 RESOLVED that, the minutes of the 2214th regular meeting of the
Council of the City of Livonia held October 28, 1957, and the 41st special
meeting held November 4, 1957, are hereby approved as submitted.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Ventura, Daugherty, O'Neill, Bagnall and Grant.
NAYS: Jones.
The President declared the resolution adopted.
By Councilman Jones, seconded by Councilman Ventura and unanimously
adopted, it was
#875-57 RESOLVED that, the annual budget of the City of Livonia for
the fiscal year commencing December 1, 1957, as submitted to the Mayor
and filed by him with the Council, be set for public hearing on Novem-
ber 21, 1957, at 8:00 o'clock P. M., at the City Hall, 33001 Five Mile
Road, and that notice of such hearing be published in The Livonian on
November 1L, 1957, pursuant to the provisions of the City Charter.
By Councilman Ventura, seconded by Councilman O'Neill, it was
#876-57 RESOLVED that, pursuant to the recommendation of the Char
of the Election Commission dated October 30, 1957, as approved by the
Mayor and Budget Director on November 4, 1957, the following sums are
hereby transferred to the Unappropriated Surplus Account from the Election
Commission Budget Accounts listed below:
10 Heat $33.30
12 Telephone 280.00
22 Repair and Maintenance 100.00
30 Tools and Supplies 5.00
60 Miscellaneous 75.00
and also that the following sums are hereby transferred from the Unap-
Page 3119
propriated Surplus Account to the Election Commission Budget Accounts
listed below:
1-A Inspectors Salaries $828.00
1-C Custodian Salaries 365.60
1-X Clerical Wages 300.00
7 Postage 353.00
9 Printing 100.00
11 Electricity 33.30
70M Capital Outlay-Equipment 75.00
70B Capital Outlay-Record Books 335.00
A roll call vote was taken on the foregoing resolution with the following results
AYES: Kleinert, Jones, Ventura, Daugherty, O'Neill, Bagnall and Grant.
NAYS: None.
The City Clerk, Marie W. Clark, read a letter dated November 7, 1957,
from the Police Commissioner requesting transfer of funds.
By Councilman Ventura, seconded by Councilman Kleinert, it was
#877-57 RESOLVED that, pursuant to the request of the Police Commissioner
dated Novembe1 7, 1957, which request is verified by the Budget Director and
approved by the Mayors the following sums are hereby transferred within the
Police Department Budget Accounts:
$200.00 from PD-39 to PD-22;
$300.00 from PD-b7 to PD-22;
$250.00 from PD-23 to PD-22;
$250.00 from PD-28-A to PD-22.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Jones, Ventura, Daugherty, O'Neill, Bagnall and Grant.
NAYS: None.
Councilman Ventura gave a brief oral report regarding the contract of
Sinacola Company for sewer work on Hillcrest Avenue.
By Councilman Ventura, seconded by Councilman Bagnall and unanimously
adopted, it was
#878-57 RESOLVED that, the opening of the bids for the DPW Building
Addition be delayed until approximately 9:15 P. M., so as to give the
City Attorney opportunity to check the law as to whether or not the
Council may accept a personal check, not certified.
By Councilman Daugherty, seconded by Councilman Bagnall and unanimously
adopted, it was
Page 3120
#879-57 RESOLVED that, pursuant to the recommendation of the Department
of Law dated November 6, 1957, the Council does herein authorize the City
Attorney to amend the description contained in a lease between the City
and Jonas Investment Company dated August 5, 1957, so as to delete there-
from Lot No. 74 of Brightmoor Home Acres Subdivision; such lease having
been heretofore authorized by Council resolution #536-57.
By Councilman Ventura, seconded by Councilman Jones, it was
#880-57 RESOLVED that, the agreement or contract prepared pursuant to
Council resolution #557-57 by and between the City of Livonia and the
firm of Lybrand, Ross Bros. & Montgomery, Certified Public Accountants,
Book Building, Detroit 26, Michiganand approved as to form by the City
Attorney on November 8, 1957, wherein said firm agrees to examine and
audit the financial reports of the Water and Sewer Department of the City
for the fiscal year ending November 30, 1958, for the sum of $3,800.00,
is hereby approved; and the Mayor and City Clerk are herein authorized to
sign such agreement or contract on behalf of the City of Livonia and 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: Jones, Ventura, Daugherty, O'Neill, Bagnall and Grant.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman Daugherty, it was
#881-57 RESOLVED that, having considered the report of the Department
of Law dated October 17, 1957, the Council does hereby release to Coulter
Bros. Inc., Roseville, Michigan, the remaining balance of $2,604.70 due
the above company on a contract dated April 17, 1951, for the construction
of sewers in Section 4 of Sewage Disposal System No. 1.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Jones, Ventura, Daugherty, O'Neill, Bagnall and Grant.
NAYS: None.
By Councilman Ventura, seconded by Councilman Daugherty and unanimously
adopted, it was
#882-57 RESOLVED that, consideration of the report from the Director
of Public Works regarding Extensions to the Water System, be held until
later, on the agenda.
By Councilman Bagnall, seconded by Councilman Jones and unanimously
adopted, it was
Page 3121
#883-57 RESOLVED that, the letter dated October 23, 1957, from Lybrand-
Ross Bros. & Montgomery, City Auditors, in conne ction with the Municipal
Court cash records, is hereby referred to the Municipal Judge for his
study and a report, such report to be submitted to this Council, if possible,
by November �5, 1957.
By Councilman Bagnall, seconded by Councilman Ventura and unanimously
adopted, it was
#881.-57 RESOLVED that, pursuant to the report of the Finance C omnittee
dated November 11, 1957, the letter dated August 26, 1957, from Lybrand,
Ross Bros. & Montgomery, City Auditors, in conn c tion with paid vouchers,
is hereby referred to the City Treasurer for his study, report and re-
consnendation, with the request that this report be submitted by November
25, 1957.
By Councilmen Bagnall, seconded by Councilman Jones and unanimously
adopted, it was
#885-57 RESOLVE ) that, the following communications from Lybrand, Rosa
Bros. & Montgomery, City Auditors, hereinafter described, are hereby re-
ferred to the City Clerk for her report, such report to be submitted by
November 25, 1957; those letters referred to are specifically as follows:
Letter to City Council dated August 26, 1957; re: General
Fixed Asset Records;
Letter to City Council dated August 26, 1957, re: Bond
Records;
Letter to City Council dated August 26, 1957, res Advances
to Special Assessment Sewer District No. 4 and Deposits
for sewer connections;
Letter to City Council dated October 23, 1957, re: Special.
Assessments for Street Lighting in Districts Nos. 3 and 5;
and
Letter to City Clerk dated July 16, 1957.
The communications from the Wayne County Drain Commissioner regarding
the Ashcroft-Sherwood and Livonia Drains and the Ryder Drain, were received and
placed on file.
The Ordinance entitled, "An Ordinance Amending Sections 3.2, 3.10, 14.6,
5.1 and 7.5 of the Taxicab Ordinance, Ordinance No. 166, of the City of Livonia",
introduced by Councilman Bagnall October 28, 1957, was taken from the table and
a roll call vote conducted thereon with the following result:
AYES: Kleinert, Jones, Ventura, Daugherty, (Mein, Bagnall and Grant.
NAYS: None.
Page 3122
The President declared the ordinance duly adopted and would become effective on
date of publication.
Marie W. Clark, City Clerk, read a letter dated October 21i, 1957, from
the Department of Public Works regarding the feasibility of paving Cardwell and
Cavell.tbetween Plymouth and Grantland, pursuant to resolution #607-57, which letter
was received and placed on file.
The City Clerk, Marie W. Clark, read a letter dated November 11, 1957, from
the Director of Public Works regarding Rosedale Gardens Paving Program, which was re-
ceived and placed on file.
By Councilman Ventura, seconded by Councilman Bagnall and unanimously
adopted, it was
0886-57 RESOLVED that, the Council having adopted resolution #776-57 at
its regular meeting held on October 7, 1957, requiring the City Engineer
to ascertain the assessed valuation of all property affected by the follow-
ing proposed improvement: Road drainage improvements on Mayfield Avenue
from Six Mile Road to Curtis Avenue in the City of Livonia; the number of
parcels which show tax delinquencies, the number of parcels owned by pub-
lic authorities, the number of parcels which are vacant, and to prepare or
cause to be prepared plans and specifications therefor and an estimate ibr
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 anyshould be a general obligation
of the City, the number of installments in which assessments may be paid
and the land which should be included in the proposed special assessment
district; and it appearing to the Council that all of such information,
estimate, plans and specifications and recommendations have been properly
filed by the City Engineer with the City Clerk under date of November 1,
1957, and that there has been a full compliance with all of the provisions
of Section 6 of Ordinance #31, as amended, entitled, "An Ordinance to Pro-
vide for the Making of Public Improvements, Defraying the Expense Thereof
by Special Assessment and a Special Assessment Procedure", the Council does
hereby set December 5, 1957, at 7:30 P. M., as the date and time for a
public hearing on such proposed improvement, which public hearing shall be
held before the Council in the City Hall, 33001 Five Mile Road, Livonia,
Michigan, pursuant to Sections 8 and 9 of said Ordinance #31, as amended*
and the City Clerk is hereby authorized to give notice and publication of
such hearing as is required by Section 7 of said Ordinance.
By Councilman Bagnall, seconded by Councilman Jones and unanimously
adopted, it was
Councilman Ventura was excused at 9:00 P. H., and returned at 9:02 P. M.
Page 3123
#887-57 RESOLVED that, the Council having adopted resolution #776-57 at
its regular meeting held on October 7, 1957, requiring the City Engineer
to ascertain the assessed valuation of all property affected by the follow-
ing proposed improvement: Road drainage improvements on Fairfield Avenue
from Six Mile Road to Curtis Avenue in the City of Livonia; 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 specifications therefor and an estimate for
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 land which should be included in the proposed special assessment
district; and it appearing to the Council that all of such information,
estimate, plans and specifications and recommendations have been properly
filed by the City Engineer with the City Clerk under date of November 1,
1957, and that there bas been a full compliance with all of the provisions
of Section 6 of Ordinance #31, as amended, entitled, "An Ordinance to Pro-
vide for the Malting of Public Improvements, Defraying the Expenses Thereof
by Special Assessment and a Special Assessment Procedure«, the Council
does hereby set December 5, 1957, at 7:45 P. M., as the date and time for
a public hearing on such proposed improvement, which public hearing shall
be held before the Council in the City Hall, 33001 Five Mile Road, Livonia,
Michigan, pursuant to Sections 8 and 9 of said Ordinance #31, as amended,
and the City Clerk is hereby authorized to give notice and publication of
such hearing as is required by Section 7 of said Ordinance.
By Councilman Daugherty, seconded by Councilman Bagnall and unanimously
adopted, it was
#888-57 RESOLVED that, the Council, having considered the petition of
residents of Pine Tree Avenue between Stark Road and Wayne Road request-
ing that the City accept a dedication of such street, does herein determine
that the portion of street referred to in the above petition will be
accepted by the City on the following conditions:
(1) That the owners of property abutting such streets
agree to give to the City by Quit Claim deed sufficient
property to provide for a right-of-way of standard
residential width; that is 60 feet;
(2) That the owners of property abutting these streets
agree to an assessment to bring these streets up to
minimum City-County standards;
and further, that the City Clerk is herein authorized and requested to
send a copy of this resolution to the circulator of such petition; that
is Mr. Virgle Whitteaker, 34745 Pine Tree Avenue, Livonia.
By Councilman Bagnall, seconded by Councilman Jones, it was
RESOLVED that, the request of the Helman Park Civic Association
dated October 30, 1957, be referred to the Department of Law for prepara-
tion of an ordinance banning hunting in the City of Livonia.
Page 3121
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Bagnall and Grant.
NAYS: Kleinert, Ventura, Daugherty and O'Neill.
The President declared the resolution denied.
By Councilman Kleinert, seconded by Councilman Ventura, it was
#889-57 RESOLVED that, the question of hunting within the City limits
of Livonia as raised in the letter from the Holman Park Civic Association
dated October 30, 1957, be referred to the Legislative Committee of the
Council for report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Ventura, Daugherty, O'Neill, Bagnall and Grant.
NAYS: Jones.
The President declared the resolution adopted.
The hour of 9:15 P. M., having arrived, the City Attorney gave a. brief
oral report as to bids for the Department of Public Works Building Addition.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#890-57 RESOLVED that, the immediate requirements for the filing of a
certified check or bid bond in connection with bids for the Department of
Public Works Building Addition be waived; provided, however, that where
a personal check has been substituted that it shall be replaced by a
certified check or bid bond prior to the awarding of a contract to the
successful bidder.
The City Clerk, Marie W. Clark, thereupon opened and read the following
bids:
DPW BUILDING ADDITION
1. Westside Construction Company $18,400.00
(accompanied by bid bond)
2. Contractors General Company $18,780.00
(accompanied by bid bond)
3. Smith and Young Company, Inc. $18,289.00
(accompanied by bid bond)
4. Leo R. Burton Plumbing Co. - Plumbing only $ 6,800.00
(accompanied by personal check)
By Councilman Ventura, seconded by Councilman Jones and unanimously
adopted, it was
Page 3125
#891-57 RESOLVED that, the foregoing bids for the Department of Public
Works Building Addition be referred to the Department of Public Works for
report and recommendation.
At 9:23 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.
By Councilman Ventura, seconded by Councilman Daugherty, it was
RESOLVED that, the Council suspend the regular order of business
to take care of certain items on the agenda wherein people are waiting to
be heard on those matters.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Daugherty and O'Neill.
NAYS: Kleinert, Jones, Bagnall and Grant.
The President declared the resolution denied.
By Councilman Kleinert, seconded by Councilman Jones, it was
RESOLVED that, the matter of granting a Class C license for
the dispensing of liquors under the statutes of the State of Michigan
be and hereby is tabled until such time as all current applicants for
such license have been granted the opportunity to inform this Council
as to their available or planned facilities where such license will be
used.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Jones and Grant.
NAYS: Ventura, Daugherty, O'Neill and Bagnall.
The President declared the resolution denied.
By Councilman Ventura, seconded by Councilman Bagnall, it was
#892-57 RESOLVED that, pursuant to requests received from the Michigan
Liqu or Control Commission and upon consideration of the applications sub-
mitted to the Commission andC ouncil to dates the City Council does hereby
approve the application of San Zehra, 33900 Plymouth Road, Livonia, for a
Class C liquor license above all other such applications heretofore filed
with the Commission and Council, and in approving same recommends the
issuance of an additional Class C liquor license to s aid Sam Zehra; and
the City Clerk is herein requested to transmit duplicate certified copies
of this resolution with the date of this meeting indicated thereon to
the Michigan Liquor Control Commission.
President Grant relinquished the chair to Vice President O'Neill at 9:45 P. M.
Page 3126
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Daugherty, Bagnall and O'Neill.
NAYS: Kleinert, Jones and Grant.
The Vice President declared the resolution adopted.
The President resumed the chair at 9:57 P. M.
The Clerk read a letter dated November 7, 1957, from the Council of Civic
Associations, Section 35, and petition signed by approximately 2,000 residents.
Councilman Kleinert was excused at 10:48 P.M., and returned at 10:50 P. M.
By Councilman Bagnall, seconded by Councilman Ventura and unanimously
adopted, it mut
# 893-57 RESOLVED that, the petition of residents in Section 35 dated
November 7, 1957, in regard to the $14.00 annual Sewage Disposal charge
presently established by Ordinance No. 115, the Council does herein direct
the Department of Public Warks to submit the report of the Water and Sewer
Board dated May 9, 1957, in connection with the above subject to competent
engineering and accounting firms for their study and opinion as to whether
or not the conclusions arrived at in the said Mary 9th report are based on
reasonably correct premises and data; and further, that the Council will
appropriate the sums necessary to engage such technical services, such
report to be submitted to the Council by January 15, 1958.
The Clerk read a petition from residents in Section 35 regarding stopping
residential and commercial building until such time as the residents can be assured
of adequate sewers.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#894-57 RESOLVED that, issuance of building permits be and hereby is
prohibited within that area of the City described as bounded by Inkster
Road, Joy Road, Stark Road and Schoolcraft Road, until such time as
proper storm water drainage facilities are made available.
By Councilman Kleinert, seconded by Councilman Daugherty and nnunimoualy
adopted, it was
#895-57 RESOLVED that, the letter from the Department of Law dated
October 23, 1957 in regard to the possible acquisition of property ad-
jacent to the City Hall is hereby referred to the Civic Center Committee
of the Council for an immediate report thereon.
rage 3128
President Grant thereupon appointed Councilman Peter A. Ventura Chairman
of the Student Government Day Committee and the entire Council as members of such
Committee.
The report of the Municipal Court for the month of October, 1957, was
received and placed on file.
By Councilman Jones,, seconded by Councilman Kleinert and unanimously
adopted, it was
#900-57 RESOLVED that, the proposed ordinance amending the Zoning Or-
dinance by adding thereto Section 4.44 Major Street Setback, is hereby
referred to the Building Code Board of Appeals and City Planning Commission
for study and consideration, such report to be presented to the Council
within a period of thirty days from the effective date of this resolution.
Councilman Bagnall returned at 11:16 P. M.
By Councilman Bagnall, seconded by Councilman Daugherty, it was
#901-57 RESOLVED that, the proposed ordinance for water extensions be
tabled until the next regular meeting of the Council.
A roll call vote was taken on the lbregoing resolution with the fallowing result:
AYES: Jones, Daugherty, O'Neill, Bagnall and Grant.
NAYS: Kleinert and Ventura.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman O'Neill, it was
#902-57 RESOLVED that, this 225th regular meeting of the Council of the
City of Livonia be and hereby is adjourned.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Ventura, Daugherty, O'Neill, Bagnall and Grant.
NAYS: Kleinert.
The President declared this 225th regular meeting of the Council of the
City of Livonia duly adjourned at 11:19 P. M., November 11, 1957.
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Marie*. Clark, City Clerk
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