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HomeMy WebLinkAboutCOUNCIL MINUTES 1954-02-08 Page 1363 MINUTES OF THE ONE HUNDRED TWELFTH REGULAR MEETING 110 OF THE COUNCIL OF THE CITY OF LIVONIA On February 8, 1954, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8.30 P M , by the President of the Council, Harry S Wolfe Roll was called with the following result: Present-- Harry S Wolfe, Wilson W Edgar, Raymond E Grimm, Nettie Carey and William J Taylor Absent-- Harold Bower and John W. Whitehead. Minutes of the 111th regular meeting held on January 25, 1954, were read and approved. By Councilman Edgar, seconded by Councilman Taylor and unanimously adopted, it was #844 RESOLVED that, pursuant to the recommendation of Fire Chief Roberts and Dallas Hay, Director of Civil Defense, the Council does hereby authorize them to make an investigation concerning the need and lir cost of an aerial ladder for the Livonia Fire Department, and the possibility of the Federal Government participating in the purchase of this equipment By Councilman Carey, seconded by Councilman Grimm and unanimously adopted, it was #885 RESOLVED, that the hour of 9 P M., having arrived, the City Clerk is directed to open and read all sealed bids received on the purchase of one Ford Panel Truck, one Ford Custom Delivery and one Ford Customline Tudor Sedan for the Livonia Fire Department The City Clerk thereupon opened and read the following sealed bids: Name of Bidder Ford Ford Ford Custom Tudor D-nel Truck Custom Delivery Bill Brown, Inc $ 1,583.00 $1,643.00 $ 1,721 46 Paul Wiedman, Inc 1,215.00 1,529 00 1,560.00 Floyd Rice 1,174 78 1,429 55 1,515.91 By Councilman Carey, seconded by Councilman Grimm and unanimously adopted, it was #886 RESOLVED, that the foregoing bids be referred to Fire Chief Roberts for his report and recommendations. Page 1364 By Councilman Grimm, seconded by Councilman Edgar, it was #887 RESOLVED that, pursuant to the request of the Civil Service Commission dated February 8, 1954, the sum of $24,083.65 is hereby appropriated from the Unallocated Fund, which amount the City Treasurer is directed to pay to the State Treasurer to cover cost of the Social Security program from January 1, 1951 through December 31, 1953 A roll call vote was taken on the foregoing resolution with the following result- AYES Edgar, Grimm, Carey, Taylor arri Wolfe NAYS• None By Councilman Grimm, seconded by Councilman Taylor and unanimously adopted, it was #888 RESOLVED that the recommendation and report of the City Planning Commission dated January 25, 1954 on Petition No. Z-41 of Ralph A. Westlake, et al, for change of zoning classification, is hereby approved and the City Attorney is requested to prepare an amendment to the Zoning Ordinance in accordance with this resolution. By Councilman Taylor, seconded by Councilman Carey, it was #889 RESOLVED, that the Council having given careful consideration to the claim of James Marsh, which was described in his letter to the City Attorney dated June 17, 1953, which is in the amount of $135 00 and which resulted from the performance of Sugden & Sivier, Inc , of its contract with the City of Livonia dated April 17, 1951, for the construction of sewers in Section 2, Sewage Disposal System No. 1; and the Council having found, on recommendation of the Department of Public Works, that said James Marsh has a valid claim in the amount of $135 00, and it appearing that the City of Livonia has withheld payment to said contractor of a balance of $2,000.00 pending adjustment of outstanding claims, the Council does hereby direct the City Treasurer to pay to said James Marsh the sum of $135 00 in full settlement of said claim, does hereby direct that said amount be applied against said $2,000.00 balance due the con- tractor and does further direct that a copy of this resolution be forwarded to the contractor with the advice that similar action may be taken as to the remainder of claims outstanding unless such claims are adjusted at once A roll call vote was taken on the foregoing resolution with the following result: AYES. Edgar, Grimm, Carey, Taylor and Wolfe NAYS• None Mr. Marvin Kemp and Mr John Lynch, President of the Ooventry Gardens Civic Association, appeared and discussed with the Council the drainage improve- ments installed by the City in the park area of Coventry Gardens. This subject Page 1365 was placed on the table for further consideration By Councilman Taylor, seconded by Councilman Grimm, it was #890 RESOLVED that, pursuant to the recommendation of the Department of Public Works dated July 22, 1953, the performance and work of Sinacola Contracting Co Inc., under its contract with the City of Livonia dated June 17, 1953, for inst--_..ati3n of a 36" drain inCoventry Gardens is hereby approved and accepted; that final payment on such contract is herebi, authorized in accordance with the estimate attached to such report, and that the sum of $2,135 50 is hereby appropriated from the Unallocated Fund to the Department of Public Works for the payment of the amounts due on such improvement A roll call vote was taken on the foregoing resolutionwwith the following result AYES Edgar, Grimm, Carey Taylor and Wolfe NAYS None By Councilman Edgar, seconded by Councilman Carey, it was #891 RESOLVED, that Henry S Alper and Abe Green having been authorized by resolution # 717, adopted by the Council on October 12, 1953, to install a water main on Deering Avenue, between West Chicago Road and Plymouth Road, 16 at their own expense, subject to reimbursement as provided in said resolu- tion # 717; and it appearing by a communication from the Department of Public Works, dated November 18, 1953, that such department has approved the installation and recommended acceptance thereof by the City; and it further appearing that the total cost of such installation is $18,776 98, and it further appearing that said Henry S Alper and Abe Green own all of the land abutting on the west side of Deering Avenue, between West Chicago and Plymouth Road, the Council does hereby approve and accept said water main, does hereby determine that the owners of land abutting on the east side of Deering, between West Chicago Road and Plymouth Road, shall, prior to connecting to such main and in addition to payment of the usual tapping fee and meeting the requirements of the City Ordinances and the Water Department regulations, pay a construction fee of $4 28 per front foot, all in accordance with the provisions of said resolution # 717, that all such connection fees so collected shall be paid to said Henry S. Alper and Abe Green, and shall be kept in a special fund pending payment; and that copies of this resolution be sent to the Department of Public Works, Bureau of Inspection and Water Department A roll call vote was taken on the foregoing resolution with the following result. AYES: Edgar, Grimm, Carey, Taylor and Wolfe. NAYS. None. By Councilman Taylor, seconded by Councilman Grimm, it was #892 RESOLVE, that reference is hereby made to resolution # 716 adopted by the City Council on October 12, 1953; that on recommendation Page 1366 of the Department of Public Works dated January 30, 1954, and pursuant to a letter from Henry S Alper dated January 22, 1954, the City of Livonia agrees to accept from said Henry S Alper, the cash sum of $5,250 00, which amount shall be applied on the cost of paving the East 1/2 of Deering Avenue between Plymouth Road and West Chicago Road in New Detroit Subdivision No 1, and which amount represents said Henry S Alper's proportionate share of the present cost of such paving, as the owner of the following described parcels of land abutting on the East Side of Deering Avenue. New Detroit Subdivision No. 1 South 40' of 959 South 8 ' of 985 North 45' of 960 All 40' of 986 North 17' of 987 South 25' of 964 North 40' of 965 South 23' of 987 All 40' of 988 South 5' of 965 North 2' of 989 A11 45' of 966 North 15' of 967 South 34 92' of 992 North 25 08' of 993 South 30' of 967 North 30' of 968 South 14 92' of 993 All 40' of 994 South 30' of 971 North 5 08' of 995 North 30' of 972 South 34.92' of 995 South 40' of 978 North 25 08' of 996 North 25' of 979 South 14.92' of 996 All 45 08' of 997 that said Henry S Alper shall agree to pay to the City of Livonia his proportionate share of the actual cost of such paving; that he will be given credit on the above obligation for said advancement of $5,250 00, as soon as the actual cost of such paving is ascertained, following which he will promptly reimburse the City of Livonia any difference between said advancement and his proportionate share of the said actual cost, or if his said share is less than said advancement, then the City of Livonia will reimburse him for the difference; that such paving shall be constructed in accordance with the ordinances of the City of Livonia and the regulations of the Department of Public Works; that such pavement shall be of concrete eight inches thick; that the date upon which the constructioh of such paving will be commenced, as well as the date upon which such paving will be completed, are as yet undetermined and may not be fixed for some time, it being clearly understood that no time has been fixed within which the City shall commence or complete such paving, although it is contemplated that such paving will eventually be constructed; that on the paying of said cash advancement to the City of Livonia accompanied by an agreement lim consistent with this resolution and approved by the City Attorney, the City Clerk is authorized to direct a letter to the Federal Housing Administration or any other person stating that the City of Livonia intends to eventually pave Deering Avenue between Plymouth Road and West Chicago Page 1367 Road to a width of 27 feet and that, when said street is paved, none of the above described parcels of land shall be assessed or charged for any part of the cost of such paving A roll call vote was taken on the foregoing resolution with the following result. AYES- Edgar, Grimm, Carey, Taylor and Wolfe. NAYS: None. By Councilman Carey, seconded by Councilman Grimm and unanimously adopted, it was #893 RESOLVED, that the report and recommendations of the City Planning Commission dated January 25, 1954 on Petition No. Z-40. of Mervin K Grosberg for change of zoning classification is hereby approved and the City Attorney is directed to prepare an amendment to the Zoning Ordinance in accordance with this resolution. By Councilman Carey, seconded by Councilman Taylor and unanimously adopted, it was #894 RESOLVED, that the communication from the Northeast Livonia Civic Association dated January 27, 1954 pertaining to public improve- ments be referred to the Mayor and the City Attorney for their in- vestigation and report By Councilman Taylor, seconded by Councilman Grimm, it was #895 RESOLVED, that Abe Green, Aubrey H. Ettenheimer, Maurice Cooper and Benjamin Greenspoon as proprietors, having requested the City Council to approve the proposed plat of the following subdivision. Ziegler Woods Subdivision, located in the South 1/2 of Section 35, and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of December 1, 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 date of February 3, 1954; the City Council does hereby approve said proposed plat on the following conditions. (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 44) of the City of Livonia and the rules and regulations of the 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 supervised and inspected by the Department of Public Works and such improve- ments shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate provided in Section 14 of said Ordinance No 44; Page 1368 (3) That the City Clerk is not authorized to affix her signature ILA 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 following amount: $185,000.00; 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, 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. Edgar, Grimm, Carey, Taylor and Wolfe NAYS: None. A letter from Rose Hill Builders concerning sewer connection charge was, with the consent of all members present, referred to the Committee of the Whole By Councilman Edgar, seconded by Councilman Taylor and unanimously ILOadopted, it was #896 RESOLVED that, the Council having considered the letter from Mayor Jesse Ziegler to the Federal Housing Administration dated January 21, 1954, and the letter from Abe Green to the Council dated February 4, 1954, both of which letters pertain to the construction of paving and curbs on West Chicago Road between Middlebelt and Henry Ruff Roads; and it appearing to the Council that Mr. Abe Green and Mr. Henry Alper, as proprietors of Belaire Gardens Subdivision and Cooperspoon Subdivision No 3, were ready and willing to install 27 foot paving on said portion of West Chicago Road, together with curbs, as provided by the Plat Ordinance, Ordinance No. 44 of the City of Livonia, but were prevented from doing so because of the Master Thoroughfare Plan of the City of Livonia and the planned width of West Chicago Road at 86 feet, with a 43 foot strip of paving together with curbs; and it further appearing that said proprietors were obligated to proceed with the installation of a 27 foot strip of paving without curbs and that subsequently they were unable to obtain the approval of the Federal Housing Administration for financing because of the absence of curbs, the City Council does hereby determine that curbs will be constructed by the City of Livonia either with or without additional paving and as a part of the program and plans of the Department of Public Works for the fiscal year com- mencing December 1, 1954; that when such curbs and paving are constructed there will be no charge or assessment made against the owners of the adjacent frontage; and that the City of Livonia will make eltery effort to cooperate with the Federal Housing Administration in satisfying its page 1369 reasonable requirements, provided, however, that said proprietors shall ILM agree to reimburse the City of Livonia to an amount equal to what it would have cost them to install curbs at the same time that they installed the 27 foot strip of paving; and, provided further, that this resolution shall not become effective until approved by said proprietors A ten minute recess was called, following which the meeting was resumed with all members of the Council present who were named as present in the original roll call of this meeting By Councilman Edgar, seconded by Councilman Carey, it was #897 RESOLVED, that on recommendation of Fire Chief Roberts, the following bids on motor vehicles for the Fire Department are hereby approved; ;. 1954 Ford Custom Delivery $1,515.91 2. 1954 Ford Custom Tudor 1,174.78 and the City Clerk is authorized to issue purchase orders in conformance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Edgar, Grimm, Carey, Taylor and Wolfe. NAYS None The City Clerk presented a letter from the Michigan Liquor Control Com- mission dated January 27, 1954, pertaining to the application of Donald J and Mary Roach for SDD license and, with the consent of all members present, this letter was placed on file. By Councilman Edgar, seconded by Councilman Carey, it was #898 RESOLVED that, pursuant to the recommendation of the Department of Public Works dated February 4, 1954, the performance of Don Wells, Inc , of its contract with the City of Livonia dated August 25, 1953 for con- struction of drainage system, curb and gutter, and asphalt concrete drive at the new City Hall, is hereby approved and accepted, subject to the conditions and qualifications set forth in such report and recommendation; that payment to said Don Wells, Inc , of the sum of $1,478.66 in full and complete settlement of all of his claims and rights against the City of Livonia, under such contract or otherwise, pursuant to the final estimate of the City Engineer dated February 4, 1954 is hereby authorized; and the sum of $300 00 is hereby appropriated from the Unallocated Fund to the Department of Public Works account for the purpose of paying the Page 1370 said balance to Don Wells, Inc , provided, however, that the item of lim $1,200.00 mentioned in said report and recommendations is hereby disallowed A roll call vote was taken on the foregoing resolution with the following result. AYES: Edgar, Grimm, Carey, Taylor and Wolfe. NAYS None By Councilman Taylor, seconded by Councilman Grimm and unanimously adopted, it was #899 RESOLVED, that the polling place for Precinct No 6 be changed from its present location to the Wilson School, 28800 West Chicago, corner Harrison, City of Livonia, Michigan. By Councilman Grimm, seconded by Councilman Carey and unanimously adopted, it was #900 RESOD/ED, that the communication from the Traffic Commission dated January 26, 1954 pertaining to the railroad crossing at Levan Road be referred to the City Attorney for his report and recommendation. The report of the Justice Court and Violations Bureau for the month of January, 1954, was received and placed on file By Councilman Grimm, seconded by Councilman Taylor, it was #901 RESOLVED that, pursuant to the report and recommendation of the Justice c{' the Peace dated January 11, 1954, the claim of Erwin Hobbins, 32540 Schoolcraft Road, for destruction of thirteen (13) bantam chickens is hereby allowed in the amount of $13.00; and the Justice is hereby allowed a fee of $2 00 in connection with this matter; and that payment of the above sums are hereby authorized A roll call vote was taken on the foregoing resolution with the following result. AYES: Edgar, Grimm, Carey, Taylor and Wolfe. NAYS. None By Councilman Edgar, seconded by Councilman Grimm, it was #902 RESOLVED, that the City Council of theCity of Livonia does hereby order an enumeration under the supervision of the Secretary of State as provided for in Section 6 of the Home Rule Cities Act, Act 279 lim of the Public Acts of Michigan of 1909, as amended; that such enumeration is ordered for the purpose of showing the population of the City of Livonia for the purposes of Section 27 of said Act 279 and in order that the City of Livonia may increase its representation on the Board of Page 1371 Supervisors of the County of Wayne as provided in said Section 27; that the County Clerk for the County of Wayne is requested to take all action required of him by the provisions of Section 6 of said Act 279; that the Secretary of State is hereby requested to appoint enumerators and to cause an enumeration of all bona fide inhabitants of the City of Livonia to be made as provided in Section 6; and that a certified copy of this resolution be transmitted by the City Clerk to the County Clerk of the County of Wayne and to the Secretary of State. A roll call vote was taken on the foregoing resolution with the following result: AYES: Edgar, Grimm, Carey, Taylor and Wolfe NAYS. None A communication from the City Planning Commission dated February 4, 1954, together with a certified copy of Part V of the Master Plan of the City of Livonia (Parks and School Sites) as adopted by the Commission on December 15, 1953 and amended January 19, 1954, was received and placed on file On motion of Councilman Taylor, seconded by Councilman Grimm and adopted by the unanimous affirmative vote of all members present, this 112th regular meeting of the Council was adjourned to Monday, February 15, 1954, at 8:30 P M , the time of this adjournment being approximately 11.06 P M , February 8, 1954 Mar W lark, City Clerk Attested: ///(1; Ha S. Wo e, President of %e Council.