HomeMy WebLinkAboutCOUNCIL MINUTES 1956-03-26 Page 2255
MINUTES OF THE ONE HUNDRED SIXTY-THIRD REGULAR MEETING OF
THE COUNCIL OF THE CITY OF LIVONIA
On March 26, 1956, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:10 P. M., by the
President of the Council, John T.Daugherty. Councilman Kleinert delivered the
invocation. Roll was called with the following result: Present-- John T. Daugherty,
Harry R. Killam, Rudolf R. Kleinert, John W. Whitehead, Nettie Carey and Wilson W.
Edgar. Absent-- David L. Jones.
The City Clack, Marie W. Clark, read a letter dated March 26, 1956, ad-
dressed to John T. Daugherty, from Councilman David L, Jones, which letter was re-
ceived arra placed on file.
By Councilman Killam, seconded by Councilman Wh t ehead and unanimaisly
adopted, it was
#178-56 RESOLVED that, the Council suspend the regular order of business
to take care of certain items on the agenda wherein interested persons are
waiting to be heard on those items.
The City Clerk, Marie W. Clark, read a letter dated March 23, 1956 from
Michael Vorgitch and Jerry Warner of the Livonia Police Department.
By Councilman Killam, seconded by Councilman Edgar, it was
#179-56 RESOLVED that, the City Attorney is hereby instructed to take
whatever action necessary in the defense of Michael Vorgitch and Jerry
Warner who, acting as agents of the City, have been charged with f als e
arrest.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Killam, Whitehead, Edgar and Daugherty.
NAYS: Kleinert and Carey.
The President declared the resolution adopted.
The hour of 8:30 P. M., having arrived, the City Clerk opened and read
the following bids:
Page 2256
STREET SWEEPER - Department of Public Works
1. Miller Equipment Co., Livonia, Michigan $8,000.00
2. R. G. Moeller Co., Detroit 27, Michigan 9,097.00
3. Bell Il0quipment Co., Berkley, Michigan 10)500.00
4. Cyril J. Burke, Inc., Detroit 12, Michigan 10,099.00
5. Telford Equipment Co., Detroit 27, Michigan 9,6000.00
By Councilman Killen, seconded by Councilman Kleinert and unanimously
adcpted„ it was
#180-56 RESOLVED that, the foregoing bids for Street Sweeper for the
Department of Public Works be referred to the Superintendent of Public
Works for report and recommendation.
1956 Ford Mainline Tudor - Engineering Department
1. Gerling McHugh, Inc., Farmington, Michigan $1,477.47
2. Bill BrownSales„ Inc.) Plymouth Road, Livonia 1,590.70
3. Floyd Rice, Detroit 38, Michigan 1,499o81
4. Bill Browa , Inc., Detroit 23, Michigan 1,594.70
5. Ralph Ellsworth, Inc., Garden City, Michigan 1,455.29
By Councilman Whitehead, seconded by Councilman Carey and unanimously
adopted, it was
#181-56 RESOLVED that, the foregoing bids for one 1956 Ford Mainline
Tudor for the Engineering Department be referred to the City Engineer
for report and recommendation.
The City Clerk, Marie W. Clark, read a letter from the City Planning Com-
mission regarding Petition No. Z-145, and relating correspondence.
By Councilman Whiteheadl seconded by Councilmaa Kleinert and unanimously
adopted, it was
#182-56 RESOLVED that, Petition No. Z-145 of Iilfred Okerstroml et al
for change of zoning classification in the Northwest 1/4 of Section 26
from RUFB to is hereby tabled.
Marie W. Clark, City Clerk, read a letter from the City Planning Commission
regarding Petition No. z-154.
By Councilman Kleinert, seconded by Councilman Carey and unanimously
isradopted, it was
#183-56 RESOLVED that, the report and recommendation of the City Planning
Page 2257
Commission dated March 23, 1956 as to Petition No. Z-1514, as amended, and
submitted by Marjorie Ferry and Margaret S. and Peter W. Decker for change
of zoning classification in the West 1/2 cf Section 35 from RUFB to R-1-A
is approved, and the City Attorney is directed to prepare an anerriment to
Zoning Ordinance No. 60 in accordance with this resolution.
By Councilman Kleinert, seconded by Councilman Edgar and unanimously
adopted, it was
#184-56 RESOLVED that, W. R. McCary, City Engineer, is hereby directed
to further confer with John Time), 9550 Merriman Road, Livonia, Michigan.,
for acquisition of 143 feet for extension of Chicago Road between Merriman
and Sunset; and provided Mr. Peter W.Decker will confirm in writing the
offer to install the necessary paving and sidewalks adjacent to the above
mentioned property, that there will be no assessment against this property
for the improvements.
A recess was called at 9:I5 P.M., after which the meeting resumed with all
members present who were named as present in the original roll call of this meeting.
By Councilman Killam, seconded by Councilman Whitehead, it was
#165-56 RESOLVED that, on recommendation of the City Engineers the bid
of Ralph Ellsworth, Inc., for 1956 Ford Mainline Tudor in the a mount of
$1,455.29, is hereby accepted.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Killam, it was
#186-56 RESOLVED that, on recommendation of William G. Sharpe, Super-
intendent cf Works, the bid of Tel ford Equipment Company for one
Wayne Model #1-450 Street Sweeper in the base amount of $9,600.00, plus
alternate #3 as submitted in such bid in the amount of $760.06 interest,
is hereby accepted; and that a down payment of $2,000 shall be stated on
the purchase order, with the balance to be paid in three equal annual
payments.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Killam, Kleinert, Edgar and Daugherty.
NAYS: Whitehead and Carey.
The President declared the resolution adopted.
By Councilman Whitehead, seconded by Councilman Carey, it was
rage 44,U
RESOLVED that, the foregoing resolution be rescinded.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Whitehead and Caretiy.
NAYS: Killam, Kleinert, Edgar and Daugherty.
The President declared the resolution denied.
By Councilman Kleinert, seconded by Councilman Edgar and unanimously
adopted, it was
#187-56 RESOLVED that, the minutes of the 162nd regular and adjourned
meetings held March 12, 1956 and March 19, 1956, are hereby approved as
submitted.
The City Clerk, Marie W. Clark, read a letter from the Mayor relative to
appointments to the Building Code Board of Appeals of Michael Phillips, 29175 W.Six
Mile Road for a term expiring March 20, 1957, replacing Chester Tuck, deceased; and
Ove Hansen, 165214. Middle Belt Road, for a term of five years, expiring March 20, 1960,
which letter was received and placed on file.
By Councilman Edgar, seconded by Councilman Kleinert, it was
#188-56 RESOLVED that, the additional amount of $50.00 is hereby ap-
propriated from the Unall ocated Fund to DPW Acct. #13, for payment of
rental of the Curtis Avenue Rubbish Dump for the period April 1, 1956
to March 31, 1957.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Killa¢n, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
Marie W. Clark, City Clerk, recommended to the City Council that the
Tax Anticipation Notes of the City of Livonia be paid.
By Councilman Kleinert, seconded by Councilman Edgar, it was
#189-56 RESOLVED that, Tax Anticipation Notes dated June 1, 1955 in the
amount of $1 .9,150.92, plus interest for prepayment of Notes on April 1,
1956 for a period of ten months in the amount of $1,8614.39, a total of
4451,015.31, be paid to the National Bank of Detroit, Plymouth Branch;
that the City Clerk ani City Treasurer do all things necessary to the
full performance of this resolution; and that such principal has been
set up in general accounts as current obligation and the interest payment
has been provided for in the 1955-56 budget.
Page 2259
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
The City Clerk, Marie W. Clark, read a letter dated March 26, 1956, from
Jahn's Livonia Hardware Company, regarding the placing of the sewer.
By Councilman Edgar, seconded by Councilman Kleinert and unanimously
adopted, it was
#190-56 RESOLVED that, the request of Jahn's Livonia Hardware, dated
March 26, 1956, regarding placing of sewer be granted, contingent upon
the granting of an easement; and that the added cost be assumed by the
petitioner.
An Ordinance entitled "An Ordinance Amending Sections 9, 12 and 24 of the
Zoning Map of the City of Livonia, and Amending Article 3.00 of the honing ordinance,
Ordinance No. 60, of the City of Livonia, by Adding Thereto Sections 3.83, 3.84 and
3.85", introduced by Councilman Kleinert March 12, 1956, was taken from the table
and a roll call vote conducted thereon with the following result:
AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would be-
coarse effective on date of publication, April 12, 1956.
An Ordinance entitled "An Ordinance Establishing Sessions for the Justice
of the Peace, Hours of Holding Court, x'lace of Holding Court, and Providing for
Regulation of Hearing Dates", introduced by Councilman Kleinert March 12, 1956, was
taken from the table and a roll call vote conducted thereon with the following result:
AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would be-
come effective on date of publication, April 12, 1956.
The City Clerk, Marie W. Clark, read the amended report of W. R.McCary,
Page 2260
City Engineer, regarding the installation of sidewalks on Five Mile Road.
By Councilmai Kleinert, seconded by Councilman Carey, it was
#191-56 RESOLVED that, the City Engineer, having filed with the City
Clerk a statement dated March 16, 1956 on all matters required by S ection
6 of Ordinance No. 31, as amended, and a public hearing having been held
thereon on December 12,1955, after due notice, as required by said Or-
dinance, and careful consideration havirg been given to all such matters,
the Council does hereby
1. Accept and approve said statement in all respects;
2. Determine to make improvement consisting of paving public side-
walks on the North side of Five Mile Road between Farmington and
Hubbard Roads and puolic sidewalks on the South side of Five Mile
Road between Farmington Road and Berwick Avenue, and. defray the cost
of such improvement by special assessment upon the property especially
benefited in proportion to the benefits received or to be derived;
3. Approve the plans anid specifications of the improvement as set
forth in said statement dated March 16, 1956;
4. Determine that the estimated cost of such improvement is $10,422.52;
5. Determine that the cost of said improvement shall be paid for in
part by special assessment on the property benefited thereby and in
part by the City at large, in proportions hereinafter established;
6. That the proportion of the cost and expense of said improvement
to be borne and paid by the City shall be $987.90; and that the balance
of said cost and expense of said public improvement amounting to
$9,434.63 shall be borne and paid by special assessment on All lands
and premises in the special assessment district as herein established
in proportion to the benefits to be derived therefrom;
7, Determine that assessments made for such improvement may be paid
in four ()4) annual installments together with interest thereon in the
amount of six (6%) per cent per annum on unpaid balance;
8. Designate the assessment district, describing the land and premises
upon which special assessment shall be levied as follows:
That part of the S 1/2 of Section 15 and the North 1/2 of Section 22
described as follows:
Beginning at the S. W. corner of Section 15, Township 1 South; Range 9 East
Thence North on the centerline of Farmington Road 165 feet
" East parallel within the c enterline of Five Mile Road a distance of
699.75 ft.
I. South 165 feet to the centerline of Five Mile Road
if East 30 feet along the centerline of Five Mile Road
11 North 165 feet
Page 2261
Thence East parallel with the centerline of Five Mile Road 119.75 feet
n South 165 feet to the centerline of Five Mile Road
n East on the centerline of Five Mile Road 115.50 feet to the West
line of Woodring Avenue
" North along the West line of Woodring Avenue 165 feet
tt East parallel with the centerline of Five Mile Road a distance of
1671.84 feet to the centerline of Hubbard Road
" South along the centerline of Hubbard Road 165 feet to the center-
line of Five Mile Road
" East along the centerline of Five Mile Road 1340.52 feet
" South parallel to the centerline of Berwick Avenue 60 feet
" West 24 feet to the centerline of Berwick
" South along the centerline of Berwick Avenue a distance of 1262.08 ft.
It West parallel with the centerline of Five MileRoad a distance of
1319.43 feet to the centerline of Hubbard Road
" North along the centerline of Hubbard Road a distance of 953.01 feet
" West parallel with the centerline of Five Mile Road a distance of
300 feet
" South parallel with the centerline of Hubbard Road a distance of
164 feet
" West parallel with the centerline of Five Mile Road a distance of
30 feet
tt South parallel with the centerline of Hubbard Road a distance of
4 feet
" West parallel with the centerline of Five Mile Road a distance of
330 feet
" North parallel with the centerline of Hubbard Road a distance of
368 feet
" West parallel with the centerline of Five Mile Road a distance of
807.14 feet
" North parallel with the centerline of Hubbard Road a distance of
160 feet to the centerline of Five Mile Road
" West along the centerline of Five Mile Road a distance of 540 feet
to the West line of' Shacrside Street (vacated)
" South on the West line of Shadyside St. 405.78 feet to the North
line of Lot 324 Granada Park Sub. #1.
" West on the North line of said Lot #324, a distance of 126 feet to
the East line of vacated alley
" North along the East line of said vacated alley 245.78 feet
" West 204 feet to the West line of Westmore St. (vacated)
" South on the West line of Westmore St. 95.75 feet
" West parallel with the centerline of Five Mile Road 300 feet to
the centerline of Farmington Road
" North on the centerline of Farmington Road 255.75 feet to the point
of beginning.
9. That the City Assessor is hereby directed to prepare a special
assessment roll including all lotsand parcels of land within the
above district designated by the Council and to assess toeach such
lot or parcel of land, such relative portions of the whole sum to
be levied against all lands in the special assessment district as to
the benefits to such lot cr parcel of land bears to the total benefits
to all lands in such district, and also to enter upon such roll the
Page 2262
amount which has been assessed to the City at large, all in accordance
with the determination of the City Council;
10. And that upon the completion of said roll, the City Assessor shall
attach thereto the certificate required by the provisions of Section 11
of Ordinance No. 31, as amended by Ordinances No. 116, No.. 65 and No. 73,
of the City of Livonia, aid file the same with the City Clerk, who
thereupon is directed to present the same to the City Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Killam, Kleine it, Whit ehe ad, Carey, Edgar and Daugherty.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Carey and unanimously
acbpted, it was
#192-56 RESOLVED that, during the month of April, there be scheduled
regular Council meetings on April 5th, 9th and 23rd, at 8:00 o'clock P.M.,
with the agenda of the April 5th meeting being restricted to minutes of
this or any adjourned meeting and for consideration of any veto message.
By Councilman Edgar, seconded by Councilman Whitehead, it was
#193-56 RESOLVED that, the sum of $300.00 is hereby appropriated from
the Unallocated Fund to the Election Commission Postage Account.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
The City Clerk, Marie W. Clark, read a letter from the City Planning Com-
mission regarding Petition No. Z-150.
By Councilman Kleinert, seconded by Councilmen Edgar, it was
#19)4-56 RESOLVED that, the report and recommendation of the City Planning
Commission dated March 23, 1956 as to Petition No. Z-150, as amended, and
submitted by Harry M.Kirsh, President, K & M Land Company, for change of
zoning classification in the South 1/2 of Section 17 from AG-B to C-2 and
R-1-A is approved and the City Attorney is directed to prepare an amendment
to Zoning Ordinance No. 60 in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Killam, Kleinert, Whitehead, Carey and Edgar.
NAYS: Daugherty.
The President declared the resolution adopted.
Page 2263
By Councilman Kleinert, seconded by Councilman Carey and unanimously
adopted, it was
#195-56 RESOLVED that, the request of Walter Sobon, 9092 Hartel,
Livonia, dated March 20, 1956, for extension of sewer and water
facilities is hereby referred to the City Engineer and Water Depart-
ment for report and reconmendation.
By Councilman Kleinert, seconded by councilman Whitehead and unanimously
adopted, it was
#196-56 RESOLVED that, the request of E. E. Willoughby, dated March 22,
1956, for extension of Inkster Road Sewer is hereby referred to the City
Engineer for report and recommendation.
The City Clerk, Marie W. Clark, read a letter from the City Engineer,
dated March 22, 1956, regarding the opening of Munger. Avenue.
By Councilman Kleinert, seconded by Councilman Carey and unanimously
adopted, it was
#197-56 RESOLVED that, the requests of residents for the opening of
Munger Avenue are hereby referred to the City Planning Commission for
a recommendation as to street layout.
Marie W. Clark, City Clerk, read a letter from the Michigan Liquor Con-
trol Commission regarding an amendment to Public Act No. 126, which was received and
placed on file.
The City Clerk, Marie W. Clark, read letters from Donald T. Miesel, 29772
Robert Drive, dated March 6, 1956, and Wm. G.Sharpe, Superintendent of Public Works
dated March 23, 1956, which were received and placed on file.
The City Clerk read a letter from the Civil Service Commission dated
March 13, 1956, and relating correspondence.
By Councilman Kleinert, seconded by Councilman Carey, it was
#198-56 RESOLVED that, having c onsi dered the r ecommendations of the
Civil Service Commission dated March 13, 1956 for certain excluded
classifications for overtime pay, such reco$nendations be and hereby
are denied.
A roll call vote was taken on the f aregaing resolution with the following result:
Page 22641
AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Edgar arra unanimously
adopted, it was
#199-56 RESOLVED that, all items remaining on this agenda be referred
to the regular meeting of the City Council to be held April 9,1956, or
thereafter, and that this meeting is hereby adjourned.
The President declared the 163rd regular meeting of the City Council
duly adjourned at 12:06 A. M., March 27, 1956.
Me T+it Clark, City Clerk
Attested:
Jo laug erty, 'resident of ouncil
Rudolf Kleinert, Vice President of the Council