HomeMy WebLinkAboutCOUNCIL MINUTES 1955-03-14 Page 1791
MINUTES OF THE ONE HUNDRED THIRTY-EIGHTH REGULAR MEETING
IwoOF THE COUNCIL OF THE CITY OF LIVONIA
On March 14, 1955, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:12 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,
David L. Jones, Harry R. Killam, Rudolf R. Kleinert, John W. Whitehead and Wilson
W. Edgar. Absent-- Nettie Carey.
The Deputy City Clerk read the minutes of the 137th regular meeting
held February 28, 1955.
The hour of 8:30 P. M., having arrived, the Deputy City Clerk opened
and read the following bids for salvage rights for the City Dump.
1. A. C. Rubbish Disposal Company, Detroit, Michigan
Spring, Summer and Fall months@ X40.00 per month
Winter months @ 28.00 per month oom
Six months contract, with option for renewal.
2. Joseph Szalay, Melvindale, Michigan
Rental of dump 08.50 per month
Annual contract
By Councilman Whitehead, seconded by Councilman Jones and unanimously
adopted, it was
#129-55 RESOLVED, that the foregoing bids for salvage rights for the
City Dump be referred to the Department of Public Works for report
and recommendation.
The Deputy City Clerk continued the reading of the minutes of the
adjourned 137th regular meeting held March 7, 1955.
By Councilman Wh tehead, seconded by Councilman Kleinert and unanim usly
adopted, it was
#130-55 RESOLVED, that the minutes of the 137th regular meeting of the
imo
City Council held February 28, 1955 and the adjourned 137th regular meet-
ing held March 7, 1955 are approved as read.
The City Clerk, Marie W. Clark, gave a report, pursuant to resolution
Page 1792
No. 127-55 of March 7, 1955, regarding purchase of property on Stark Road, and
read letter addressed to Mr. Roy Seim, dated March 11, 1955.
By Councilman Kleinert, seconded by Councilman Jones, it was
#131-55 RESOLVED that, having oc nsidered the action of the Mayor and
the City Clerk in their letter of March 11, 1955, the Council does
hereby approve the purchase of the following described parcel of land:
Lot No. 12, except the Southerly 20 feet thereof
of Newman Schoolcraft Farms Subdivision of a part
of the Northeast 1/4 of Section 28, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan,
according to the plat thereof as recorded in Liber 69,
Page 90 of Plats, Wayne County Records;
and that the amount of 3,015.69 which includes taxes, be and hereby
is transferred from the Unallocated Fund to the Acquisition of Land
Account, and that the City Clerk and the City Treasurer are hereby
authorized and directed to do all things necessary to the full per-
formance of this resolution; provided, however, that said purchase
will not be consummated until all legal documents necessary thereto
have been approved by the City Attorney.
A roll call vote was taken on the foregoing resolution with the following result :
AYES: Jones, Killam, Kleinert, Whitehead, Edgar and Daugherty.
NAYS: None.
The City Clerk read a letter from the Michigan Liquor Control Commission
dated March 11, 19 55re transfer of license of Joseph Richards.
By Councilman Kleinert, seconded by Councilman Whitehead and unanimously
adopted, it was
#132-55 RESOLVED, that Councilman Wilson W. Edgar is hereby authorized
to confer with the Liquor Control Commission in order to review the
entire file of Joseph Richards as referred to in the letter of March
11, 1955 from the Michigan Liquor Control Commission.
The City Clerk read a letter dated March 12, 1955 from W. R. McCary
regarding the Blue Drain, which was received and placed on file.
President Daugherty relinquished the chair to Vice President Kleinert
at 9:00 P. M.
Councilman Daugherty gave a report of the Committee appointed to s elect
an attorney to represent the Council.
Page 1793
The City Clerk read a letter dated March 14, 1955 from Cohen and
lim Cohen, Attorneys.
By Councilman Daugherty, seconded by Councilman Edgar, it was
#133-55 RESOLVED, that William Cohen, attorney at law, is hereby
authorized to represent the City of Livonia in Circuit Court cases
No. 280-342 and No. 529-708, entitled Edward Steiner vs. the City
of Livonia, et al.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Killam, Kleinert, Whitehead, Edgar and Daugherty.
NAYS: Jones.
The Vice President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman Whitehead, it was
#134-55 RESOLVED, that the City Clerk issue a voucher for $1,000.00
from the Special Legal Budget Account for payment of retainer fee to
Mr. William Cohen to represent the City of Livonia in Circuit Court
cases No. 280-342 and No. 529-708.
iimA roll call vote was taken on the foregoing resolution with the following result:
AYES: Killam, Kleinert, Whitehead, Edgar and Daugherty.
NAYS: Jones.
The Vice President declared the resolution adopted.
Councilman Edgar gave a verbal report on the drain condition in
Livonia Gardens Subdivision.
By Councilman Edgar, seconded by Councilman Daugherty and unanimously
adopted, it was
#135-55 RESOLVED that
WHEREAS, this Council has declared that the health and sanitary
condition in Livonia Gardens be considered an emergency, and
WHEREAS, immediate relief is necessary to avoid what could be a
serious health problem that would heap all sorts of unfavorable publicity
on the City, and
WHEREAS, it has been deemed impractical to deepen the ditches
running south to the Blue Drain or north to the Bell Creek Drain, and
WHEREAS, it has been suggested by both authoritative engineers
and the Mayne County Department of Health that pumping the ditches in
order to lower the water table in Livonia Gardens would provide a
solution, and
WHEREAS, the Department of Civil Defense has four pumps
Page 1794
suitable for this purpose and that additional pumps could be rented,
if necessary, at the nominal cost of approximately $6.00 per day,
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the Super-
intendent of Public Works be instructed to proceed with this emergency
work immediately in order that the best interests of the health and
welfare of the City will be served.
The City Attorney read a letter to the Council dated March 14, 1955,
regarding Brookdale Cemetery, as requested in Council resolution No. 93-55, which
was received and placed on file.
A recess was called at 9:20 P. M., after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting, with Vice President Kleinert presiding.
By Councilman Daugherty, seconded by Councilman Whitehead and unanimously
adopted, it was
#136-55 RESOLVED, that the Council suspend the regular order of business
to take up certain items on the agenda wherein interested persons are
lim waiting to be heard on those items.
The City Clerk read a letter from the City Planning Commission dated
February 28, 1955 regarding Petition No. Z-86 (Z-15-B) of Lawrence Morrison.
By Councilman Edgar, seconded by Councilman Daugherty, it was
#137-55 RESOLVED, that the report and recommendation of the City Planning
Commission dated February 28, 1955 as to Petition No. Z-86 (Z-15-B) of
Lawrence Morrison for change of zoning classification is approved and
such petition is hereby denied.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Whitehead, Edgar and Daugherty.
NAYS: Kleinert.
The Vice President declared the resolution adopted.
The City Clerk read petition of A. E. Majewski, et al, 9614 Roseland,
regarding bus traffic on Roseland.
By Councilman Daugherty, seconded by Councilman Killam and unanimously
adopted, it was
Page 1795
#138-55 RESOLVED, that the petition of A. E. Majewski, et al, be
referred to the Transportation Committee.
The City Clerk read a letter dated March 10, 1955 from Michael Lyons
for the Livonia Gardens Civic Association, which was received and placed on file.
The City Clerk read a letter dated February 25, 1955 from the City
Planning Commission regarding Petition No. Z-83.
By Councilman Daugherty, seconded by Councilman Jones, it was
#139-55 RESOLVED, that the report and recommendation from the City
Planning Commission dated March 10, 1955, as to Petition No. Z-83 of
Marion Lauderback for change of zoning classification in the Southwest
1/4 of Section 1 from RUFB to C-1 has been considered; such petition is
hereby approved and the City Attorney is directed to prepare an amend-
ment 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: Jones, Killam, Whitehead and Daugherty.
NAYS: Edgar and Kleinert.
The Vice President declared the resolution adopted.
The Superintendent of Public Works read a letter to the Council dated
March 10, 1955, regarding Greenette Subdivision. Mr. Leonard Farber appeared in
behalf of the builders.
The following members of the Council were excused during the period
of 10:17 P. M., to 10:25 P.M. : Councilmen Daugherty, Whitehead and Jones; but
a full Quorum was present at 10:25 P. M.
By Councilman Daugherty, seconded by Councilman Whitehead and unaninously
adopted, it was
#140-55 RESOLVED, that the release oi bond for improvements in Greenette
Subdivision in the amount of $60,000.00, be tabled pending a final report
from the Department of Public Works relating to the level of the manholes.
Councilman Killam was excused at 10:40 P.M., and returned at 10:43 P.M.
imm2he Superintendent of Public Works read a letter dated March 14, 1955,
regarding Bel-Aire Subdivision.
Councilman DaugherLy resumed the chair at 11:09 P.M.
Page 1796
By Councilman Kleinert, seconded by Councilman Edgar, it was
RbSOLVED, that the bond in the amount of $39,000 on Bel-Aire
Subdivision be released.
President Daugherty relinquished the chair to Councilman Jones at 11:11 P. M.
Councilman Daugherty offered an amendment to the foregoing resolution,
seconded by Councilman Whitehead, to read as follows:
#141-55 RESOLVED, that the bond for Bel-Aire Subdivision in the amount of
$39,000.00 be released pending completion of those items as described in
the letter from W. R. McCary dated March 14, 1955 relating to curbs and
paving and such cleaning of manholes as has not been previously done as
listed in the letter of September, 1954.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Killam, Whitehead, Daugherty and Jones.
NAYS: Kleinert and Edgar.
The Chairman declared the resolution adopted.
President Daugherty resumed the chair at 11:17 P. M.
The Superintendent of Public Works read letter dated March 10, 1955 re-
garding Cooperspoon Subdivision No. 3.
By Councilman Edgar, seconded by Councilman Kleinert and unanimously
adopted, it was
#142-55 RESOLVED that, having received a verbal recommendation from
W. R. McCary, Superint endent of Public 4Vorks, accepting the paving in
Cooperspoon Subdivision No. 3, the Council does hereby authorize the
release of bond dated September 17, 1953, in the amount of $22,000.00,
such bond having been filed to guarantee paving in Cooperspoon Subdivision
No. 3, pursuant to a resolution adopted by the Council September 14, 1953,
and the City Clerk is hereby authorized to do all things reasonably nec-
essary to the full performance of this resolution; and that W. R. McCary,
Superintendent of Public Works is hereby directed to file in writing with
the City Clerk his acceptance of such improvements.
The Superintendent of Public Works read letter dated March 14, 1955
regarding Smiley-Ringwald Subdivision.
Bas
ywCouncilman Kleinert, seconded by Councilman Whitehead and unanimouslyadopted,
adopt ed, it
Page 1797
imm #143-55 RESOLVED that, having received an oral report from W. R. McCary,
Superintendent of Public Works, that the sewer and water have been in-
stalled, the Council does hereby amend resolution No. 1941, item # 3,
adopted December 27, 1954, and does establish the bond for improvements
in Smiley-Ringwald Subdivision in the amount of 0,000.00.
The City Clerk read a letter dated March 5, 1955 from Thomas Elliot Civic
Association, signed by George Dygert, and accompanying petition.
Councilman Kleinert was excused at 11:55 P. M. , and returned at 11:58 P. M.
By Councilman Kleinert, seconded by Councilman Jones and unanimously
adopted, it was
#144-55 RESOLVED, that the petition of George Dygert, et al, be referred
to the Committee of the Whole.
Councilman Whitehead introduced the following Ordinance:
NO.
AN ORDINANCE AMENDING SNCTICNS 13, 24 AND 35,
OF THE ZONING MAP OF TIS CITY OF LIVONIA, AND
AMENDING ARTICLE 3.00 OF 1HE ZONING ORDINANCE,
ORDINANCE NO. bO, OF 1'HL CITY OF LIVONIA, BY
ADDING TIILE.ETU SECTIUND 3.54, 3.55 AND 3.5b.
TI-E CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendations of the City Planning Commission
dated February 17, 1955, February 24, 1955 and February 25, 1955, on Petitions No.
Z-80, Z-84 and Z-87, to amend the Zoning Ordinance and the Zoning Map of the City of
Livonia, and nil proceedings heretofore conducted on such petitions, are hereby
approved.
Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60 of the
City of Livonia, is hereby amended by adding thereto the following sections:
Section 3.54. Petition No. Z-80 of Thomas E. Boone, et al, is
hereby granted; the zoning classification of the premises described in
said petition is hereby changed from R-1-B to C-1 as requested in said
petition, and the Southeast 1/4 of Section 13 of said Zoning Map is
hereby amended to conform to the change made in this section.
Section 3.55. Petition No. Z-84 of David Lewis is hereby granted;
the zon_n; classification of the premises described in said petition is
ims hereby changed from R-U-F-B to R-1-A as requested in said petition; and
the Southeast 1/4 of Section 36 of said Zoning Map is hereby amended to
conform to the change made in this section.
Page 1798
Section 3.56. Petition No. Z-87 of Joseph 31avik, et al, is
hereby granted; the zoning classifications of the premises described in
said petition includi ng the amendment thereto, are hereby changed as
variously described therein from C-2, R-3-B and R-U-F-B to 13/-1-A and
from R-3-B to C-2 as requested in said petition including the anendment,
and the Southeast 1/4 of Section 24 of said Zoning Map is hereby amended
to conform to the change made in this section.
Section 3. The attached map designated "Amendment No. 13 of the Zoning
Map of the City of Livonia" stowing all of the amendments and changes made in the
foregoing Section 2 of this Ordinance, is hereby approved, established and made a
part hereof.
Section 4. All ordinances or parts of ordinances in conflict herewith
are hereby repealed only to the extent necessary to give this ordinance full force
and effect.
Section 5. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting tte validity of any of the
remaining portions of this ordinance.
The foregoing ordinance was placed on the table for consideration at the
next regular fleeting of the Council , March 28, 1955.
By Councilman Kleinert, seconded by Councilman Jones and unanimously
adopted, it was
#145-55 RESOLVED, that the Council concur with the recommendation of
the Mar in letter dated March 8, 1955, regarding the appointment of
Michael Costello to tte Board of Review, such appointment to take effect
after March 2,2, 1955.
By Councilman Kleinert, seconded by Councilman Killam, it was
#146-55 RESOLVED, that the Council concur with the request of the
Bureau of Inspection for temporary plumbing inspector and that the
sum of $2,250.00 be and hereby is transferred from the Unallocated
Fund to the proper payroll account for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Kleinert, Whitehead, Edgar and Daugherty.
NAYS: None.
On motion of Councilman Killam, seconded by Councilman Kleinert and
Page 1799
unanimously adopted, this 138th regular meeting of the City Council was duly
adjourned to Monday, March 21, 155 at 8:00 P. M., the time of adjournment being
12:31 A. M., March 15, 1955.
Marie W. Clark, City Clerk
Attested:
Jb4n' `.. Daugherty, President of -the
Rudolf Kleinert, Vice President of the Council