HomeMy WebLinkAboutCOUNCIL MINUTES 1956-06-11 Page 236
MINUTES OF TEE ONE HUNDRED SEVENTY-FOURTH REGJLAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On June 11, 1956, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:11 P. N., by the
President of the Council, Austin Grant. Councilman Bagnall delivered the invocation.
Roll was called with the following result: Present-- Austin Grant, Frank O'Neill,
Sydney B. Bagnall, Rudolf R. Kleinert, David L. Jones and John T. Daugherty. Absent--
*Peter A. Ventura.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
#384-56 RESOLVED that, in accordance with the provisions of Section 21
of Ordinance No. 27, for this meeting only, the provisions of Section 5
of Ordinance No. 27, be and hereby are suspended only insofar as it per-
tains to the reading of the minutes of a previous meeting; and
BE IT FURTHER RESOLVED that, the minutes of the 173rd regular
meeting of the Council of the City of Livonia held June 4, 1956, be and
hereby are approved as submitted.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Daugherty and Grant.
NAYS: Jones.
The President declared the resolution adopted.
U. R. NcCary, City Engineer, presented a report on resurfacing of the
streets in Rosedale Gardens.
By Councilman Daugherty, seconded by Councilman O'Neill and unanimously
adopted, it was
#385-56 RLSOLVED that, the report from the City Engineer dated June 11,
1956 as to resurfacing of streets in Rosedale Gardens is hereby referred
to the next meeting of the Committee of the Whole and a Committee from
the Rosedale Gardens Civic Association.
The Ordinance entitled "An Ordinance Amending Sections 1 and 31 of the
Zoning Map of the City of Livonia, and Amending Article 3.00 of the Zoning Ordinance,
Ordinance No. 60, of the City of Livonia, by Adding Thereto Sections 3.91, 3.92 and
Page 2365
3.93", introduced by Councilman Kleinert June 4, 1956, was taken from the table and
a roll call vote conducted thereon with the following result:
AYES: O'Neill, Bagnall, Kleinert, Jones, Daugherty and Grant.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become cefective
on date of publication, June 21, 1956.
The hour of 8:30 P. M., having arrived, the City Clerk, Marie W. Clark,
opened and read the following bids:
810 LINEAL AET OF PLATE GUARD RAIL - IMPROVED TYPE
1. Allen Fence Company 62,383.00
15 day delivery; completion 15 days thereafter.
2. Wayne Fence & Supply Company 62,575.80
Time of completion: 60 days next following date of contract.
3. Barnes Wire Fence Company 63,029.40
Time of completion: 60 days after signing of contract.
By Councilman Daugherty, seconded by Councilman Bagnall and unanimously
adopted, it was
#386-56 REJOL iIED that, the foregoing bids for plate guard ra11 be
referred to the Director of Public Works and the City Engineer for
report and recommendation.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
#387-56 R2SOLVED that,the Agreement between the City of Livonia and
Shirley Cleaners, et al, as prepared by the City Attorney is hereby
approved as follows:
MUTUAL AGREEMENT FOR EXCHANGE OF LAND
This agreement, made this day of by and be-
tween the City of Livonia, a Municipal Corporation, hereinafter designated as party
of the first part and MORTON KATZ and I2INNIE KATZ, his wife, and ALBERT H. BARNES
and SHIRLEY B. BARNES, his wife, co-partners, d/b/a as SHIRLEY'S CLEANERS, herein-
after designated as party of the second part,
WITNESSETH:
WHEREAS, the party of the first part is now the owner of property in the
City of Livonia, Wayne County, Michigan, described as:
Page 2366
"The East 228.0 feet of the West 690.0 feet of the South 165.0 feet
of the Southwest 1/4 of Section 15, Totem 1 South, Range 9 East, City
of Livonia, Wayne County, Michigan, excepting therefrom the easterly
60 feet thereof to be used for road purposes."
N1 REAS: the party of the second part is the owner of property described
as:
"Lots numbered 309 to 313 inclusive, and the North 1/2 of adjacent
alley, of Grenada Park Subdivision No. 1, of part of the Northwest
1/4 of Section 22, Tom 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan."
WHEREAS, the parties hereto desire to exchange properties described above,
with certain conditions on the part of each to be performed by the other party, and
WHEREAS, it is necessary that the party of the second part, prior to ex-
changing said prol5erties must obtain permission from the Livonia City Planning Com-
missi on to move their business on the premises hereinbefore described and owned by
the party of the first part;
NOW, THEREFORE, in consideration of the mutual covenants and exchange of
said properties, the parties hereto agree that the properties in question will be
exchanged on the following terms and conditions, provided that permission is obtained
from the Livonia City Planning Commission to move their business as hereinbefore set
forth.
1. That the parties of the second part will promptly file a
petition with the Livonia City rlanning Commission, requesting pe r fission to move
their business from its present location to the property owned by the party of the
first part, hereinbefore described.
2. That the party of the first part shall, at its own expense
demolish and remove the building now upon the premises, and will remove the founda-
tion of said Building for the use of the said property by party of the second part,
which said Building shall be removed on or before July 1, 1958.
3. That the party of the second part will vacate the premises now
occupied by SHIRLEY'S CLEANERS within six (6) months from the date that the premises
owned by the City are delivered to the party of the second part, in the manner here-
inbefore set forth in paragraph numbered "2" of this Agreement.
1.. SHIRLEY'S CLEANERS shall have the right to commence building on
the new location East of the Fire Hall, but the City shall have the right to use the
existing fire station now on the premises until July 1, 1958, and at no time shall
anything be done to interfere with ingress and egress of the City fire fighting
equipment to the station.
5. Each of the parties hereto when conveying shall convey by
warranty deed and furnish an abstract or policy of title insurance, certified to
approximately the date of conveyance, showing marketable title to the premises
being conveyed.
6. In the event that permission cannot be obtained to move the said
Page 2367
business to its new loca(don as hereinbefore mentioned, this agreement shall be null
and void and of no effect.
7. The covenants and conditions herein shall be binding on the heirs,
executors, administrators, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals on the day and gear first above written.
THE CITY OF LIVONIA, a Municipal Corporation
By
And
SHINLEY';, CL'.SANE:PS, a Michigan Co-Partnership
By
Morton Katz, Partner
Minnie Katz, Partner
Albert H. Barnes, Partner
Shirley B. Barnes, Partner
and the Mayor and City Clerk are hereby authorized to affix their signatures
to such Agreement on behalf of the City of Livonia and to do all other things
necessary to the full performance of this resolution.
A roll call vote was taken on the foregoLng resolution with the following result :
AYES: O'Neill, Bagnall, Reinert, Jones, Daugherty and Grant.
NAYS: None.
By Councilman Jones, seconded by Councilman Bagnall, it was
#388-56 RESOLVED that, on recommendation of the Director of Public Works
and the City Engineer, the bid of Allen Fence Company in the amount of
x2383.00 for plate guard rail is hereby approved; and the City Clerk is
authorized to return the certified checks to the unsuccessful bidders,
which checks accompanied each bid.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Reinert, Jones, Daugherty and Grant.
NAYS: None.
Councilman Daugherty was excused at 8:59
By Councilman Bagnall, seconded by Councilman Jones, it was
Page 2368
#389-56 RESOLVED that
WHEREAS the Fire Commissioner for the City has requested that
Fire Station #1 of the City, located at 33110 Five Nile Road, be remodeled
in certain respects to provide for better sanitation facilities for the
employees of said station; and
WHEREAS, the cost of the remodeling as submitted by the Fire
Commissioner of said station is in the amount of 41,650.00; and
WHE1-AS, the Council believes it to be in the best interest of
the City and said department to remodel said station as aforesaid;
NOW, THEREFORE, BE IT RESOLVED that, there is hereby transferred
from the Unallocated Fund of the Budget to the Fire Department Budget the
sum of ;44,650.00 to remodel the Fire Department Station #1.
A roll call vote was ta±.en on the foregoing resolution with the following result:
AYES: OtNeill, Bagnall, Kleinert, Jones and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Kleinert, it was
#390-56 RESOLVED that, the Water Department of the City, as created and
established by Ordinance No. 6, and the amending ordinances thereto, shall
pay as rental to the City the sum of 4500.00 per month, commencing July 1,
1956, and continuing monthly thereafter, as rental for the use and oc-
cupancy of that part of the City Hall it now occupies; that said rental
shall be paid into the General Fund of the City.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall , Kleinert, Jones and Grant.
NALS: None.
By Councilman Bagnall, seconded by Councilman O'Neill, it was
#391-56 RESOLVED that, the Water Department of the City, as created and
established by Ordinance No. 6, and amending ordinances thereto, shall pay
to the City the sum of 42,590.10, as rental for its past use, and occupancy
of the City premises Down as 33110 Five Mile Road, Livonia, Michigan; and
that said rental shall be paid into the General Fund of the City.
Councilman Daugherty returned at 9:03 F. N.
A roll call vote was taken on the foregoing, resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Jones, Daugherty and Grant.
NAYS: None.
Page 2369
By Councilman Bagnall, seconded by Councilman Jones, it was
#392-56 RESOLVED that
WHEREAS, the Department of Police, because of the nature of
its operation and function is often confronted with emergency situations
in its work, such as serious personal injuries resulting from automobile
accidents, deaths or injuries through acts of violence, attempted suicides,
and other acts of a like nature; and
WHEEAS it is felt that in such situations, because of the many
legal complexitid involved and in order to better protect the Police De-
partment and the City against any legal claims arising therefrom, that the
Police Department should have the assistance of a physician or doctor when
involved in such a situation as hereinbefore described, and upon the re-
commendation of the Police Commissioner,
NOW, THEREFORE, BE IT RESOLVED that, there is hereby appropriated
from the Unallocated Fund of the Budget to the Department of Police Budget
the sum of $500.00 to be designated as a "Police Physicians Account"; that
all expenditures from this account shall be confined to those situations
where the Police Department requires the assistance of a physician to carry
out the full scope of police enforcement for the City of Livonia; that any
physician rendering services to the Police Department, pursuant to this
resolution, shall submit monthly statements for such services; and that
Kr, prior resolutions in conflict herewith or contrary hereto are hereby
repealed; and
BE IT FURTHER RESOLVED that, a written report from the Police
Departmaat shall accompany each doctor's statement detailing the circum-
stances of the situation requiring the doctor's assistance.
A roll call vote was taken on the foregoing resolution with the following result :
AYES: O'Neill, Bagnall , Kleinert, Jones, Daugherty and Grant.
NAYS: None.
The President declared a recess at 9:10 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 a letter dated June II, 1956 from the
City Attorney.
By Councilnan Bagnall„ seconded by Councilman Daugherty, it was
#393-56 RESOLVED that, the sum of 038.50 is hereby appropriated from
the Unallocated Fund to the Budget Account of the Department of Law for
the purchase of furniture for the use of the Assistant City Attorney
Page 2370
A roll call vote was taken on the foregoing resolution tirith the followi.rg result:
AYES: O'Neill, Bagnall , tleinert, Jones, Daugherty and Grant.
NAYS: None.
*Councilman Ventura arrived at 9:25 P. M.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
RESOLVED that, the purchase of six chairs at $72.15 each; 1 chair
at :,12!4.00 and table at 070.85 for a total of $627.75, from Marsh Office
Supply Company in accordance with the proposal of May 28, 1956, is approved,
and that this sum is hereby transferred from the Unallocated Fund to the
Legislative Account for this purpose.
A roll call vote w ,s taken on the foregoing resolution with the following result:
AYES: O'Neill, Kleinert and Grant.
NAYS: Bagnall., Jones, Ventura and Daugherty.
The President declared the rex lution deni ed.
By Councilman Daugherty, seconded by C ouncilman Bagnall, it was
#39)4-56 RESOLVED that, the purchase of Model # T2559, Jasper Table,
Walnut with Textolite Top, in the amount of 470.85 from Marsh Office
Supply Company is hereby approved; and the City Clerk is requested to
issue a purchase order in conformance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill , Bagnall, l .eine rt, Jones,Ventura, Daugherty and Grant.
NAYS: None.
By Councilman Daugherty, seconded by Councilman O 'Neill, it was
#395-56 RESOLVED that the request of the Council for a Clerk-Typist
is hereby tabled for further study.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Balmall, Kleinert, Daughe l'ty and Grant.
NAYS: Jones and Ventura.
The resident declared the resolution adopted.
The City Clerk, Marie N. Clark, read a letter dated June 11, 1956 from
the Mayer, containing appointments to the City Planning CommisL on.
Page 2371
By Councilman taleinert, seconded by Councilman Daugherty, it was
lip #396-56 RESOLVED that, the appointment of Charles W. Walker, 1290
Stark Road, Livonia, to the City Planning Commission for a term of two
years, expiring June 9, 1958, is hereby approved.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill , Ba.mall, Kleinert, Ventura, Daugherty and Grant.
NAYS: Jones.
The President declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman 0 Neill and unanimously
adopted, it was
#397-56 RESOLVED that, the appointment of Leona rd K. Kane, 30410 Puritan
Livonia, to the City Planning Commission for a term of three years, expiring
June 9, 1959, is hereby approved.
By Councilman Ventura, seconded by Councilman Kleinert and unanimously
adopted, it was
#398-56 RESOLVED that, the appointment of Robert L. Greene, 18150 Fair-
field, Livonia, to the City Planning Commission for a term of tree years,
expiring June 9, 1959, is hereby approved.
By CouncilmanVentura, seconded by Councilman Jones and unanimously
adopted, it was
#399-56 RESOLVED that, the appointment of H. Paul Harsha, 11317 Arden,
Livonia, to the City Planning Commission for a term of three years, ex-
piring June 9, 1959, is hereby approved.
Councilman Daugherty nominated Mr. Robert Lorion as a member of the Zoning
Board of Appeals, seconded by Councilman Kleinert. PLr. Harold Hoppe was nominated
by Councilman Bagnall, seconded by Councilman Ventura.
By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
#1.00-56 RESOLVED that, nominations to the Zoning Board of Appeals be
closed.
By Councilman Daugherty, seconded by Councilman O'Neill and unanimously
adopted, it was
Page 2372
##401-56 RESOLVED that, pursuant to Section 19.01 of the Zoning Ordinance
of the City of Livonia, Ordinance No. 60, and Section 6, Act 207, Public
Acts of Michigan, 1941, as amended, Robert Lorion, 9919 Hubbard, Livonia,
is hereby appointed as a member of the Zoning Board of Appeals for a term
of three years commencing July 7, 1956, with all of the authorities and
duties set forth in said Zoning Ordinance and Act 207.
By Councilman Sagnail, seconded by Councilman Ventura, it was
##1.02-56 RESOLVED that, pursuant to Section 19.01 of the Zoning Ordinance
of the City of Livonia, Ordinance No. 60, and Section 6, Act 207, Public
Acts of Michigan, 1911, as amended, Harold Hoppe, 20409 N. Inkster Road,
Livonia, is hereby appointed as a member of the Zoning Board of Appeals for
a term of three years commencing July 7, 1956: with all of the authorities
and duties set forth in said Zoning Ordinance and Act 207.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: 0'Nel l 1 , Bagnal 1 , Kleinert, Ventura, Daugherty and Grant.
NAYS: Jones.
The President declared the resolution adopted.
The City Clerk, Marie W. Clark, read the report of the Justice Court and
Violations Bureau for the month of May, 1956, which was received and placed on file.
By Councilman Bagnall , seconded by Councilman Daugherty, it was
##103-56 RESOLVED that this 174th regular meeting of the City Counci3.
be adjourned.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: 0/Neill, Bagnall, h7.einert,Jones, Daugherty and Grant.
NAYS: Ventura.
The President declared the 174th regular meeting of the Council of the City
of Livonia duly adjourned at 9:53 P. M., June 11, 1956.
Marie W. dark, City Clerk