HomeMy WebLinkAboutCOUNCIL MINUTES 1955-03-28 Page 1806
MINUTES OF Tf-ih UNE HUNDRED i1HIRT C-NLuT i REGULAR kbETING
OF THE COUNCIL OF `PHI!, CITY OF LIVONIA
On March 28, 1955, the above meeting was neld at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at a broximately 8:08 P. M. , by the
Vice President of the Council, Rudolf R. Kleinert. Mr. Kleinert delivered the
invocation. Roll was call ed with the following result: Present-- Rudolf R.
Kleinert, Harry R. Killam, John W. Whitehead, Nettie Carey and Wilson W. Edgar.
Absent-- John T. Daughe rty and *David L. Jones.
The City Clerk, Marie W. Clark, re ,d the minutes of the 138th regular
meeting held March 14, 1955.
*Councilman Jones arrived at 8:11 P. M.
The City Clerk read the minutes of the adjourned 138th regular meeting
held March 21, 1955.
By Councilman Carey, seconded by Councilman Whitehead and unanimously
adopted, it was
A
#158-55 RES«LVED, that the minutes of the 138th regular meeting of the
City Council held March 14, 1951) and t he adjourned 138th regular meeting
held March <1, 1055 are approved as read.
The City Clerk read a veto message from the Mayor dated March a, 1955,
on resolution #133-55.
By Councilman Wh;to he ad, seconded by Councilman Carey, it was
#159-55 RESOLVED, that resolution #133-55 passed by the Council at the
138th regular meeting held March 14, 1955, be readopted in its entirety
just as if it were word for word repeated herein.
A roll call vote was taken on the foregoing resolution with the following result:
AWES;
Killam, Whitehead, Carey, Edgar and Kleinert.
NAYS: Jones.
The Vice President declared the resolution adopted.
The City Clerk read a letter from the Mayor dated March 28, 1955 and
report of Herald Hamill dated March 9, 1955 regarding contracts No. 1 and No. 2
Page 1807
of George Trip., Inc.
By Councilman whitehead, seconded by Councilman Jones, it was
#160-55 RESOLVED that, having considered the report of Herald Hamill,
City Engineer, dated March 9, 1955 and the recommendation of the Mayor
dated March 28, 1955 on the release of retained funds, Water Contracts
No. 1 and No. 2 of George Tripp, Inc. , contractor, the Council does
hereby approve for release Estimate #7, Contract No. 1 in the sum of
$15,000, Estimate #5, Contract No. 2 in the sum of $15,000, and the City
Clerk and City Treasurer are hereby authorized to do all things reasonably
necessary to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Whitehead, Carey, Edgar and Kleinert.
NAYS: None.
By Councilman Killam, seconded by Councilman Jones, it was
#161-55 RESOLVED, that the sum of $1,041.67 be appropriated from the
Unallocated Fund to the Department of Law Payroll Account.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Nhitehe ad, Carey, Edgar and Klei nert.
NAYS: None.
The City Cle rk re ad a letter from t he Detroit Edi son Company addre ssed to
the City Engineer dated March 10, 1955 regarding an easement in Coventry Gardens
covered in Ordinance pertaining to Petition No. V-4.
By Counc ilman Whitehead, seconded by Councilman Carey and unanimously
adopted, it was
#162-55 RESOLVED, that the easement r eferred to in the letter from the
Detroit rrlison Company dated March 10, 1955 pertaining to Petition No.
V-4, be referred to the City Attorney for preparation of an amending
Ordinance.
By Councilman Jones, seconded by Councilman Killam and unanimously
adopted, it was
#163-55 RESOLVED, that the wording of Ordinance No. 95 be corrected
to read "East" instead of "West", in accordance withthe letter from
the City Attorney dated March 28, 1955.
Councilman Ki i lam read the report of the Finance Committee for the month
of February, 1955.
Page 1808
By Councilman Jones, seconded by Councilman Whztehead, it was
#164-55 R.L1SOLD, that the report of the Finance Committee for the
month of FJbruary, 1955, is hereby approved and a summary of such report
is spread upon the minutes of this meting as follows:
General, Administrative 6.. Legislative:
Executive gl3 .50
Legislative 6,252.20
City Treasurer 367.85
City Clerk 507.80
Department of Law 25.00
Justice Court 60.41
Election Commission 221.40
Civil Service Commission 57.21
City Hall 833.30
Court Building 111.83
Civil Defense 164.94
City Planni ng Commission 759.67 $ 9,362.11
Departffent of Public Safety:
Police Department 1,811.79
Fire Department 1,962.52
Inspection Denartment 461.86 4,236.17
LDepartment of Public Works 3,297.84
Deoartnent of Parks & Recreation: 216.14
TOTAL: $ 17,112.26
General Ledger Accounts:
Insurance 3,839.24
Inventory 1,143.86
Reserve for Encumbrances 14,849.36
Acouisition of Land 519.62
Sewage Disposal System No. 1 1,250.00
Sewage Disposal System No. 2 500.00
Middlebelt Project 50,000.00
Retirement System 8,807.50
General Obligation Bonds 50,779.26
Motor Fuel Tax 3b0.00 132,048.84
GRAND TOTAL: $ 149,161.10
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Whitehead, Carey, Edgar and Kleinert.
Iftw NAYS: None.
The City Clerk read the report from the Mayor dated March 25, 1955 re-
garding the Silkworth Oil Company, pursuant to the request of the Council in
Page 1809
resolution #152-55 adopted March 21, 1955.
By Councilman Killam, seconded by Councilman Jones and unanimously
adopted, it was
#165-55 RESOLVED that, pursuant to the recommendation of the Mayor
dated March ,'5, 1955, the reouest of the Silkworth Oil Company for use
of sewer and water facilities at the corner of Joy Road and Merriman
Road, Nankin Township, is approved.
An Ordinance entitled "An Ordinance Amending Sections 13, 24 and 35 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
3.54, 3.55 and 3.56" introduced by Councilman Whitehead at the 138th regular
meeting, March 14, 1955, was taken from the table and a roll call vote eorducted
thereon with the following result:
AYES: Jones, Killam, Whitehead, Carey, Edgar and Kleinert.
NAYS: None.
The Vice President declared the Ordinance duly adopted and would become
effective on date of publication, April 14, 1955.
At the reaue st of the Grandon Woods Civic Association, Mr. John O'Bey
appeared before the Council in regard to the paving of Grandon Avenue.
The Deputy Clerk read a letter from the Coventry Gardens improvement
Associa tion dated Ma -ch 15, 1955, regarding sidewalks. Mrs. Opal Nutt was spoke s-
man for the Association.
Councilman Whitehead was excused at 9:13 P. M.
By Councilman Edgar, seconded by Councilman Jones and unanimously
adopt ed, it was
#166-55 RESOLVED, that a committee be appointed to look into the needs
of the entire school district regarding sidewalks and report at the
next regular meeting of the Council
Councilman Whitehead returned at 9:19 P. M.
The City Clerk read a letter dated March 18, 1955 from the Fidler Body
Livonia Plant. Mr. HcCur y appeared before the Council in behalf of Fisher Body.
Page 1810
By Councilman Edgar, seconded by Councilman Carey and unanimously
adopted, it was
#167-55 Rj 5ULVED, that the reaues,, of Fisher Body, Livonia Plant, for
use of se-er facilities he approved, subject to the approval of the
Wayne County Road Commission.
By Councilman Edgar, seconded by Councilman Whitehead and unanimously
adopted, it was
#168-55 RASOLVHD, that the letters from the Rosedale Gardens Civic
Association dated March 21+, 1955, be referred to the proper committees
for report and recommendation.
The City Clerk, Marie W. Clark, read letters from the Mayor dated March
28, 1955, the City Planning Commission dated March 17, 1955 and Herald Hamill dated
March 23, 1955 regarding Hearthstone Subdivision.
By Councilman Edgar, seconded by Councilman Carey, it was
#169-55 RESOLVED, that, Practical Home Builders, Inc., 13440 West Seven
Mile Road, Detroit 35, Michigan, as proprietors, having reque sted the City
Council to approve the proposed plat of the following Subdivision:
Hearthstone Subdivision, located in the Northwest 1/4 of Section 1, City
of Livonia, Michigan; and it appe ari ng that tentative appr oval of said
proposed plat was given by the Cit Plannin;* Commission under date of
March 15, 1955; and it further appearing that said proposed plat, to-
gether with the plans and specifications for improvements therein, have
been Tproved by the Department of Public Works under date of March 25,
1955; the City Council does hereby approve said proposed plat on the follow-
ing conditions:
(1) All of such improvements shall be installed in conformance
with the Plat Ordinance (No. 44) as amended, of the City of
Livonia, and the rules and regulations of t he Department of
Public Works, within a period of two years from the date of
this resolution;
(2) That the installation of such improvements shall be super-
vised and inspected by the Department of Public Works and such
improvements shall not be considered as having been satisfactorily
installed until there is filed with the Council a Certificate as
provided in Section 14 of said Ordinance No. 44, as amended;
(3) That the City Clerk is not authorized to affix her signature
to said Plat until either said improvements have been satis-
factorily installed or, in lieu thereof, there is filed with
her by said proprietors a bond to the City of Livonia, in such
form as may be approved by the City Attorney, and in the follow-
ing amount: $ 427,000.00
Page 1811
Estimated Cost: Water Mains $53,510.
Sanitary Sewers 59,700.
Storm Sewers 72,425.
Sidewalks &
Paving 240,250.
and until all inspection fees and other charges due to the City
of Livonia have been fully paid, and
(4) On full compliance with the above three conditions and with
the provisions of said Plat Ordinance, as amended, the City
Clerk is hereby authorized to affix her signature to said Plat
as evidence of this approval.
A roll call vote was taken on the foregoing resolution with the following result :
AYES: Killam, Whitehead, Carey, Edgar and Kleinert.
NAYS: Jones.
The Vice President declared the resolution adopted.
A recess was called at 9:45 P. M., after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting, including Councilman Johes.
The City Cleri: read a letter from the Superintendent of Public Works
dated March 24, 1955 regarding Ziegler Woods Subdivi: on No. 2. Mr. Leonard Farber
appeared before the Council on this matter.
By Councilman Edgar, seconded by Councilman Whitehead, it was
#170-55 RESOLVED that, upon verbal recomrrendation of the Superintendent
of Public Work s, the bond to the City of Livonia for improvements in
Ziegler Woods Subdivision No. 2, dated August 16, 1954, in the amylnt
of $145,000.00, between Aubrey Ettenheimer, et al, as principal and Fire-
mants Fund. Indemnity Company, as surety, is hereby released, provided,
however, that said $145,000 bond be replaced by a new bond in the amount
of $15,000; and that W. R. kcCary, Superintendent of Public Works is
hereby directed to file in writing with the City Clerk hi s re come nda-
tions on the release of the aforementioned bond.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Whitehead, Carty, Edgar and Kleinert
NAYS: None.
The City Clerk read a letter from the Department of Public -works dated
March 28, 1955 regarding Devonsnire Park Subdivision.
Page 1812
By Councilman Whitehead, seconded by Councilman Carey, it was
#171-55 ItS,SOLVED that, upon v rbal re;comriendation of the superintendent
of Public *Works, the bond to the City of Livonia for improvements in
Devonshir: Park Subdivision dated August 30, 1954, in the amount of 4+,220,000.
betw en Abe Green and tenry S. Alper as principal, and National Union Fire
Insurance Company, as surety, is nereoy r,leased; provided, however, that
said $220,000 bond be replaced by a new bond in the amount of $120,000;
and, that W. R. 1, cCary, Superint enuent of Public ,Jorks is hereby directed
to file in writing with the City Clerk his recommendations on the release
of the aforementioned bond.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Kilian., Whitehead, Carey, isdgar and Kleinert
NAYS; None.
The City Clerk read a letter from the Mayor dat d March 28, 1955 and
letter from Herald Hamill dated March 2b, 1 )55, regarding Heiman Park Subdivision
No. 2. Mr. Heiman appeared before the Council in this matter.
By Councilman Kilian, seconded by Council man Jones and unanimously
adopted, it was
#172-55 R1;SOLVISD, that, Grandville Construction Company, 21216 West Seven
Mile Road, Detroit 19, Michigan, as proprietors, having reauested the City
Council to approve the proposed plat of the following Subdivision:
Heiman Park -'ubdivision No. 2, located in the Northeast 1/4 of Section 9,
City of Livonia, Michigan, and it appearing that tentative approval of said
proposed pl t was given by the City Planning Commission under date of July
21, 1953; and it further appearing that said proposed plat, together with
the plans and specifications for improvements therein, have been approved
by the Department of Public Works under aate of March 28, 1955; the City
Council does hereby approve said proposed plat on the following conditions:
(I) All of such improvements shall be installed in conformance
with the Plat Ordinance (No. 44) as amended, of the City of
Livonia, and the rules and regulations of the Departnent of
Public Works, within a period of two years from the date of
this resolution,
(2) That the installation of such improvements shall be super-
vised and inspected by the Department of Public Works arid such
improvements shall not be considered as having been satisfactorily
installed until there is filed with the Council a certificate as
provided in Section 14 of said Ordinance No. 44 as amended;
(3) That the City Clerk is not authorized to affix her signature
to said Plat until either said improvements have been satis-
factorily installed or, in lieu thereof, there is filed with
Page 1813
her by said proprietors a bond to the City of Livonia, in such
form as may be approved by the City Attorney, and in the follow-
ing amount: '11)28,500.00
Estimated Cost: Storm sewer and water S 2,500.
Paving 25,400.
and until all inspection fees and other charges due to the City
of Livonia have been fully paid; and
(4) On full compliance with the above three conditions and with
the provisions of said Plat Ordinance, as amended, the City Clerk
is hereby authorized to aifix her signature to said Plat as
evidence of this approval.
The City Clerk read a letter dated March 24, 1955 from the Superintendent of
Public Works regarding Merri-Joy Subdivision, which was received and placed on file.
The City Clerk read a letter from the City Planning Commission dated March
17, 1955 regarding Petitions No. Z-91 and Z-92. Mr. Maurice Cooper and Mr. Leonard
Farber were present.
By Councilman Carey, seconded by Councilman Edgar, it was
#173-55 RESOLVED, that the report and recommend atio n from the City
Planning Commission dated March 17, J955 as to Petitions No. Z-91 and
Z-92 of Maurice Cooper for change of zoning classification in the South-
east 1/4 of Section 35 from RUFB to R-2-B is hereby 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: Whitehead, Carey,Edgar and Kleinert.
NAYS: Jones and Kilian-4
The Vice President declared the resolution adopted.
The City Clerk read a letter from Carl J. Thrun, attorney, dated March 14,
1955, regarding building permits for public schools. The City Attorney read a letter
addressed to the MayD r dated March 21, 1955.
By Councilman Jones, seconded by Councilman Killam and unanimously
adopted, it was
#174-55 RESOLVED, that the matter of building Pe rmit fees for Livonia
Public Schools as referred to in the letter of Carl J. Thrun dated
March 14, 1955, be referred to the i'ayor for report and recommendation
at the next regular meeting of the Council.
Page 1814
By Councilman Killam, seconded by Councilman Carey and unanimously
Limadopted, it was
#175-55 RESOLVED, that building permits for Livonia Public Schools
presently before the Building Department, or arriving in the near future,
be issued without charge, pending a decision on policy by the Council.
The City Clerk read a letter from the Board of Wayne County Road Com-
missioners dated March 14, 1955 regarding jurisdiction of Newburgh Road and reso-
lution prepared by the ~Wayne County Road Commission.
By Councilman Jones, seconded by Councilman Killam and unanimously
adopted, it was
#176-55 RESOLVED, by the City Council of the City of Livonia, Michigan,
that consent be and it hereby is granted to the Board of County Road
Commissioners of the Co inty of Wayne, Michigan, to assume jurisdiction
over the following section of Newburgh Road:
All of Newburgh Road between Joy Road and Ann Arbor
Road (U. S.-12) in Sections 31 and 32, Town 1 South,
Range P i,ast, City of L:ivc nia, Wayne County, Michigan,
con^tituting a total of 0.78 miles of road,
Bre IT FURTHER RESOLVLD, that the City Clerk be and she hereby
is authorized and directed to forward a certified cony of this resolution
to said Board of County Road Commissioners.
The City Clerk read a letter dated March 1.1, 1C'S5 from the Mayor 's Exchange
Committee regarding 1'-'55 Michigan 'Week.
Councilman adgar was excused at 11:11 P. M., and returned at 11 :13 P. M.
By Councilman Whitehead, seconded by Councilman Carey and unaninously
adopted, it was
#177-55 RESOLVED, that the Council concur with the recommendation of
the Mayor regarding Michigan Week, 1955, wherein the Mayor has named
Edward Steiner to act as Chairman of the Reception Committee.
The City Clerk read a letter from the Wayne County Board of Supervisors
dated March 14, 1 ;55 regarding centralizing the Board of Assessors.
By Councilman Edgar, seconded by Councilman Carey, it was resolved that
#178-55 WHEREAS, this Council has carefully considered the remarks
in the letter from the Wayne County Board of Supervisors dated March
14, 1955, and
11 fl}i AS, it is felt that aooroval of such a proposal would
remove some local controlling authority which rightfully belongs to
a home rule city,
Page 1815
BE IT HEREBY RESOLVED, that this Council does not approve of
the suggested change to a County Assessor and County Board of Review, and
BE IT FURTHER RESOLVED, that the City Clerk is instructed to
forward copies of this resolution to the Board of Supervisors.
A roll call vote was taken on the foregoing resolution with the following result :
AYES: Killam, Hhltehead, Carey, Edgar and Kleinert.
NAYS: Jones.
The Vice President declared the resolution adopted.
The City Clerk read a resolution prepared by the Mayor regarding the Wayne
County Capit al Improvement s Program.
By Councilman Carey, seconded by Councilman Edgar, it was resolved that
#179-55 WHEREAS, a water shortage problem in Detroit 's heavily in-
dustrialized and populous metropolitan area is becoming progressively
more serious, and
WHEItEAS, water experts predict that unless prompt action is
taken the lid will be clamped on residential and industrial development
in most sections of the Detroit Metropolitan area by 1900, and
WHEREAS, continuous new residential and industrial developments
in Wayne County are necessary to furnish the tax base required for ex-
pansion of Wayne County services, and
VIIER.EAS, the Wayne County Board of Supervisors have determined
the necessity for a Capital Improvements Program to be financed parti al l y
by a bond issue and partially on a "Pay As You Go" basis, and
WHEREAS, the Wayne County Board of Supervisors have caused
Proposal No. 1, Proposal No. 2 and Proposal No. 3 to be placed on the
ballot for the spring election on April 4, 1955, to effectuate the Capital
Improvement s Program,
NOW, IHEHEFORE, BE IT RESOLVED, that the Council of the City of
Livonia does whole-neartedly endorse the Wayne County Capital Improvements
Program which is to be voted upon on April 4, 1) 55, the 65 million dollar
capital improvements program includes a 10 million dollar 500-bed general
hospital at Wayne County General hospital, 50 million dollars for new
water facilities, a ¢3,200,000 juvenile detention home and a two million
dollar county jail annex.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Whitehead, Carey, Edgar and Kleinert.
NAYS• Jones and Killam.
The Vice President declared the resolution adopted.
Vice President Kleinert relinquished the chair to Councilman Edgar at
11:31 P. M.
Page 1816
By Councilman Kleinert, seconded by Councilman Alhitehead, it was
resolved that
#180-55 WHEREAS, careful consideration has been given to all information
available on Senate Bill #1272, and
WHEREAS, enactment of this bill appears to give no material
benefit to any State agency or municipality,
BE IT HEREBY RESOLVED, that the Council of the City of Livonia
does hereby go on record as being opposed to the passage of Senate
Bill No. 1272 in its present form, and
BE IT FURTHER RESOLVED, that copies of this resolution be
forwarded to our State Senator John Swainson and our State Representative
Leonard Wood for their information and appropriate action.
A roll call vote was taken on the foregoing resolution with the following result :
AYES: Killam, Whitehead, Carey, Kleinert and Edgar.
NAYS: Jones.
Chairman Edgar declared the resolution adopted.
Vice President Kleinert resumed the chair at 11:34 P. M.
The City Clerk read a letter from the City Planning Commission dated
March 10, 1955 regarding amending Ordinance No. b0, Section 4.38.
By Councilman Edgar, seconded by Councilman Car y and unanimously
adopted, it was
#181-55 RESOLVED that, pursuant to the letter from the City Planning
Commission dated March 10, 1955 and recommendai,ions from the Traffic
Commission and Police Department , the City Attorney is instructed to
prepare an amendment to Section 4.38, Ordinance No. 60, to require
2.0 parking space per dwelling containing two (2) units or nore.
The City Clerk read a letter from the City Assessor dated March 25, 1955,
regarding transfer of funds.
By Councilman Carey, seconded by Councilman Wh-a t ehe ad and unani mou sly
ado -ted, it was
##182-55 RESOLVED, that pursuant to a request from the City Assessor
dated Larch 25, 1955, the sum of ,;p500.00 is hereby transferred from the
account of the City Assessor, DA-2, to the City Treasurer's Budget Account
FA-2.
By Councilman Edgar, seconded by Councilman Killam and unan imou sly
adopted, it was
Page 1817
#183-55 1-L iOL+Tr.D :,hat the recuest of the City As essor for capital
ifts expenditure as follows:
Recui.sition No. 2564 : 110.07
is hereb approved.
By Councilman whitehead, seconded by Councilman Carey and unanimously
adopted, it was
#184-55 iL,50LVisD, that the reouest of the Department of Public Works
for capital expenditure as follows:
Recuisition No. 3319 40164.54
is hereby approved.
On motion of Councilman Carey, seconded by Councilman Whitehead and
unanimously adopted, this 139th regular rie et i ng of the City Council was duly
adjourned at 11:50 P. M., March 28, 1955.
p . i._ /��0111.11P L/
Ctark, City Clerk
Attested: / )
e(fee ' . /L.,„ (--
Rudolf Kleinert, Vice President of the Council