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Home My WebLink AboutCOUNCIL MINUTES 1955-01-17 ADJOURNED Page 1720 MINUTES OF THE ADJOURNED ONE HUNDRED THIRTY-FOURTH REGULAR PEEPING OF THE COUNCIL OF THE CITY OF TTVONIA On January 17, 1x55, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:06 P. M., by the Vice President of the Council, Rudolf R. Kleinert. Roll was called with the follow= ing result: Present-- Rudolf R. Kleinert, David L. Jones, Harry R. Killam, John W. Whitehead, Nettie Carey and Wilson W. Edgar. Absent: *John T. Daugherty. The City Clerk, Marie W. Clark, read a letter from the City Planning Commission dated January 3, 1955, regarding Petition No. Z-74. By Councilman Edgar, seconded by Councilman Jones and unanimously adopted, it was #18-55 RESOLVED, that the report and recommendation of the City Planning Commission dated January 3, 1955, as to Petition No. Z-74 of John W. Gunn, for change of zoning in the Northwest 1/4 of Section 29 from RUFB to C-1, are hereby approved and the City Attorney is directed to prepare an amend- ment to Zoning Ordinance No. 60 in accordance with this resolution. The City Clerk read a letter dated January 10, 1955, from the City Attorney with a report on the easement in Bell Creek Subdivision, and the City Clerk was re- quested to transmit a copy of the letter to the original petitioner, Robert Eoff, et al, through his attorney, Dyer C. Baird. The City Clerk read a letter from the City Planning Commission dated January 3, 1955, with reference to Petition No. V-7 of Peter W. Decker; letter dated December 3, 1954 from Herald Hamill; also letters dated December 2, December 13 and December 20, 1954, from W. R. McCary, Superintendent of Public Works. By Councilman Edgar, seconded by Councilman Jones and unanimously adopted, it was #19-55 RESOLVED, that the report and recommendation of the City Planning Commission dated January 3, 1955, as to Petition No. V-7, submitted by Peter W. Decker, et al, for vacating of half street Sunset Avenue, is hereby approved and the City Attorney is directed to prepare an ordinance consistent with this resolution. *Councilman Daugherty arrived at 8:25 P. M., and thereafter participated in the balance of the meeting. Page 1721 The City Clerk read a letter from Hubbell, Roth and Clark on site improve- ibm ments in Devonshire Park and Ziegler Woods Subdivision No. 2, dated December 27, 1954, and letter from W. R. McCary dated January 12, 1955. By Councilman Jones, seconded by Councilman Killam and unanimously adopted, it was #20-55 RESOLVED, that these Subdivisions be tabled pending a report and recommendation clarifying the policy requested by the builders in this matter from W. R. McCary, Superintendent of the Department of Public Works. By Council man Daugherty, seconded by Councilman Carey and unanimously adopted, it was #21-55 RESOLVED, that the request of the City Treasurer dated January 6, 1955, for capital outlay expenditure in the amount of $249.95, be and hereby is approved. The City Clerk, Marie W. Clark, read the report of the Justice Court and Violations Bureau for December, 1954, which was received and placed on file. The City Clerk read a letter from the Mayor dated January 5, 1955, regard- the Budget for the Water Department. By Councilman Killam, seconded by Councilman Jones and unanimously adopted, it was #22-55 RESOLVED, that consideration of the Budget for the Water Depart- ment be tabled until the next regular meeting of the Council , January 24, 1955. The City Clerk read a letter from the Mayor dated January 3, 1955, re- garding a Purchasing Ordinance. By Councilman Edgar, seconded by Councilman Daugherty, it was #23-55 RESOLVED, that the ordinances submitted by the Mayor with his letter of January 3 , 1955, be tabled for further study. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Whitehead, Carey, Edgar and Kleinert. NAYS: Jones and Killam. The Vice President declared the resolution adopted. Page 1722 The City Clerk read the recommendation of W. R. McCary, Superintendent of Public Works dated January 15, 1955, regarding the paving in Rosedale Gardens Sub- division No. 14, and letter dated January 17, 1955, from the Mayor. By Councilman Edgar, seconded by Councilman Killam, it was #24-55 RESOLVED that, pursuant to the recomnendation of W. R. McCary, Superintendent of Public Works, dated January 15, 1955, the cash bond of $10,000, which bond was deposited to guarantee the balance of the paving in Rosedale Gardens Subdivision No. 14, be and hereby is reduced to $5,000, for a period of one year from this date; and that the balance of $5,000 of said cash bond shall be released to Shelden Land Company; and the City Clerk and City Treasurer are hereby authorized to do all things reasonably nesessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Daugherty, Whitehead, Carey, Edgar and Kleinert. NAYS: None. Councilman Jones stated that he did not desire to have his vote recorded, in view of the fact that he works for a company that does construction for the Shelden Land Company. By Councilman Daugherty, seconded by Councilman Killam and unanimously adopted, it was #25-55 RESOLVED, that Mr. W. R. McCary, Superintendent of Public Works submit his recommendation for retention of bonds to insure condition of construction of subdivision improvements for a period of one year after acceptance of improvement. The City Clerk read a letter from the employees of the Water Department, dated January 11, 1955. By Councilman Jones, seconded by Councilman Daugherty and unanimously adopted, it was #26-55 RESOLVED, that the letter from the employees of the Water Depart- ment, dated January 11, 1955, be referred to the Mayor and Board of Water Commissioners for a report at the next regular meeting of the Council. The City Clerk, Marie W.Clark, read letters from Moll, Desenberg, Purdy and Glover, attorneys for Edward F.Steiner, dated January 14, 1955, copy of letter dated January 5, 1955 to Carl J. Wagenschutz, and letter from Mr. Wagenschutz to attorneys, dated January 12, 1955. Page 1723 Vice President Kleinert relinquished the chair to President Daugherty is. at 10:00 By Councilman Kleinert, seconded by Councilman Whitehead, it was #27-55 RESOLVED, that the Council having carefully considered the letter of Moll, Desenberg, Purdy and Glover, attorneys for Edward F. Steiner, dated January 14, 1955, addressed to the Council; another letter from said attorneys dated January 14, 1955, addressed to the City Clerk, and a letter dated January 5, 1955, to the City Treasurer from the same attorneys; and the Council having been advised and having determined that the questions presented by said letters have not been decided by a Court of last resort in such manner as to invalidate resolution No. 1860 adopted November 22, 1954; and it further appearing that Judge Edward's decision involved different parties and different facts than those in the present controversy; and it further appearing even in Judge Edward's decision, the right of the Council to fix or change salaries was recognized and sustained; and it further appearing that an aDpeal has been taken from Judge Edward's decision to the Michigan Supreme Court; the Council does hereby deny the request of said Edward F. Steiner and his said attorneys at this time, mad does hereby direct the City Clerk to fully comply with said resolution No. 1860, and to send a copy of the present resolution to said attorneys. A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: Jones. The President declared the resolution adopted. Vice President Kleinert resumed the chair at 10:08 P. M. The City Clerk read a letter from the Mayor dated January 17, 1955, and a letter from Herald Hamill dated January 17, 1955, regarding the new pumping station. By Councilman Carey, seconded by Councilman Daugherty and unanimously adopted, it was #28-55 RESOLVED, that the matter of location of the new pumping station be referred to the City Engineer for further recommendation at the next regular meting of the Council, January 24, 1955. By Councilman Whitehead, seconded by Councilman Carey and unanimously adopted, it was #29-55 RESOLVED, that the recommendation of the Parks and Recreation Page 1724 Commission for the purchase of four snow tires from the Plymouth Oil Company in the amount of $137.68 be and hereby is approved. On motion of Councilman Jones, seconded by Councilman Whitehead and unanimously adopted, this adjourned 134th regular meeting of the City Council was duly adjourned at 10:41 P. M., November 17, 1955. Marie W. Clark, City Clerk Attested: ts4,- 17!1%ibe , "40 Jo ' . Daugherty, Pre s id ent ��he Coun.'1 _Qoe1 Rudolf c4 Kleinert, Vice President of the Council