HomeMy WebLinkAboutCOUNCIL MINUTES 1954-09-13 Page 1592
MINUTES OF THE ONE HUNDRED TWENTY—SIXTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 13, 1954, 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 President of the Council , John T Daugherty Councilman Kleinert gave 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,
Nettie Carey and Wilson W Edgar. Absent-- None.
By Councilman Killam, seconded by Councilman Jones and unanimously
adopted, it was
#1720 RESOLVED, that the minutes of the 125th regular meeting held
August 23, and the adjourned 125th regular meeting of the Council held
August 30, 1954, be approved as submitted
By Councilman Jones, seconded by Councilman Kleinert and unanimously
r.am adopted, it was
#1721 RESOLVED, that the minutes of the 21st special meeting of
the Council of the City of Livonia held Sept ember 1, 1954, be approved
as submitted
By Councilman Kleinert, secorxied by Councilman Whitehead and unanimously
adopted, it was
#1722 RESOLVED, that the Council suspend the regular order of
business to take up certain items on the agenda wherein interested
persons were waiting to be heard on tho se items
By Councilman Jones, seconded by Councilman Kleinert and unanimously
adopted, it was
#1723 RESOLVED, that Mr George D Haller is hereby retained as a
special legal advisor to the Council of the City of Livonia at a monthly
fee of $300 00, which sum shall entitle the Council to thirty (30) hours
of legal services, which services will be performed according to requests
of the Council or any individual Councilman with the concurrence of the
Council President, and that any further services will be compensated for
on an hourly basis at the same rate upon submission of a proper voucher
.... approved by the Council President or Vice—President, and be it further
resolved that this arrangement will continue in effect until dissolved
by farther action of the Council
Page 1593
The hour of 8:30 P M. , having arrived, the City Clerk opened and read
the following bids for a Ford Customline Country Sedan.
1. Paul J. Weidman, Inc $1,040 07
Add $45.75 for Nylon tires.
2. Clarence Bell 2,035.47
Alternate 1,781 50
3 Ralph Ellsworth $1,945.43
Trade In 1,150.00
Net 795 43
4 Floyd Rice $1,882.62
Trade In 1,142.62
Net 740 00
By Councilman Jones, seconded by Councilman Carey and unanimously
adopted, it was
#1724 RESOLVED, that the foregoing bids for Ford Custom Line
Country Sedan for the Red Cross be referred to the Department of
Public Safety for oonsixieration and recommendation.
Councilman Killam announced the following bids onthe Public Address
System for the City Hall:
1 H & M Electric Co. $ 750.00
2 Radio Specialties Co. 651.27
By Councilman Killam, seconded by Councilman Jones, it was
#1725 RESOLVED, that on recommendation of the Electronics Committee,
the bid of Radio Specialties Company in the amount of $651 27 be accepted
and the City Clerk authorized to issue a purchase order in conformance
with this resolution and that such sum is hereby appropriated from the
Unallocated Fund for this purpose
A roll call vote was taken on the foregoing resolution with the following result:
AYES• Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty
NAYS: None,
By Councilman Edgar, seconded by Councilman Carey, it was
#1726 RESOLVED, that on recommerxiation of the Department of Public
Safety, the bid of Floyd Rice in the amount of $740,00 for a Ford
Custom Line Country Sedan for the Red Cross be accepted, that the
amount of $741 00 is hereby appropriated from the Unallocated Fund
for this purpose, and the City Clerk is authorized to issue a purchase
order in conformance with this resolution
r..
A roll call vote was taken on the foregoing resolution with the following result.
AYES. Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: none.
Page 1594
By Councilman Kleinert, seconded by Councilman Killam, it was
#1727 RESOLVED, that in consideration of the correction of the
�• objections, defects and irregularities pertaining to the operation
of the Michigan Barn Dance, immediately upon withdrawal of bill of
complaint in Wayne County Circuit Court Chancery Action #511-891 of
Samuel I. Clark, plaintiff, the City Clerk be and hereby is directed
to issue to said Samuel I Clark, a current year license to operate his
dance hall business at 36728 Seven Mile Road, under the provisions of
City of Livonia Ordinance No. 12, as amended by Ordinance No. 37, and
be it further resolved, providing application is made on proper forms
not later than September 30, 1954, the Bureau of Inspection be and
hereby is directed to issue to Samuel I. Clark a certificate for a
valid non-conforming use under the provisions of Ordinance No 60.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Kleinert and Daugherty.
NAYS• Whitehead, Carey arra Edgar
The President declared the resolution was adopted.
The City Clerk, Marie W Clark, read letter to Mr Nandino Perlongo
dated September 4, 1954, and Mr. Perlongo's answer dated September 13, 1954.
By Councilman Kleinert, seconded by Councilman Carey, it was
#1728 RESOLVED, that the sum of $2,500.00 is hereby appropriated
from the Unallocated Fund to a special budget account to be designated
as Special Counsel Fees for the Legislative Body, and that such
appropriation be and hereby is approved
A roll call vote was taken on the fore going re solution with the following result:
AYES. Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty
NAYS• None
By Councilman Kleinert, seconded by Councilman Edgar, it was
#1729 RESOLVED, that in accordance with a letter from Mr Nandino
Perlongo dated September 13 , 1954, the Council does hereby authorize
the payment of $1,000 from the Special Counsel Fees for the Legislative
Body Account to th e said Mr Perlongo as a retainer fee to represent
Chief of Police George Harmon in Wayne County Chancery Case #277,778
A roll call vote was taken on the foregoing resolution with the following result•
AYES: Kleinert, Whitehead, Carey and Edgar.
NAYS: Jones, Killam and Daugherty
The President declared the resolution was adopted.
Page 1595
The City Clerk read a letter from Police Chief George Harmon dated
September 13, 1954, in regard to speed limits in school areas.
By Councilman Jones, seconded by Councilman Edgar and unanimously
adopted, it was
#1730 RESOLVED, that the Police Department be instructed to
enforce the speed limits in all school zones, as posted
The City Clerk, Marie W Clark, read a letter from Larry Lee, 27814
Six Mile Road, dated August 19, 1954, regarding the purchase of certain property
By Councilman Killam, seconded by Councilman Jones and unanimously
adopted, it was
#1731 RESOLVED, that the request of Mr Larry Lee to purchase
certain property from the City of Livonia be referred to the Depart-
ment of Public Works for report and recommendation and legal counsel
to check the legal description of the property
President Daugherty declared a recess at 9:26 P. M., after which the
Council resumed with all members present who were named as present in the
lib original roll call of this meeting
The City Clerk read a letter dated September 1, 1954, from Dickinson,
Wright, Davis, McKean & Cudlip, transmitting petition of National Bank of Detroit.
Mr. Robinson of the National Bank of Detroit was present
By Councilman Edgar, seconded by Councilman Carey and unanimously
adopted, it was
#1732 RESOLVED, that, having considered the petition of the National
Bank of Detroit dated September 1, 1954, and the plan attached to original
petition dated June 10, 1954, the Council does hereby authorize the re-
location of the two (2) Detroit Edison poles, the pavement and installation
of curbing on a portion of the alley running parallel to Plymouth Road be-
tween Hubbard Road and Cranston Avenue, and installation of the green belt,
all in accordance with the plan attached to the petition of the National
Bank of Detroit; and that the fulfillment of all requests in said petition
shall be performed at the expense of said petitioner
Low The City Clerk read communication dated September 7, 1954, from Rose
Hill Builders, regarding release of bond on Cooperspoon Subdivision Mr. Hamill,
Page 1596
Mr Nicholas and Mr Aubrey Ettenheimer appeared before the Council in this
matter
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By Councilman Kleinert, seconded by Councilman Edgar and unanimously
adopted, it was
#1733 RESOLVED, that when the certification from the Department
of Public Works has been received by the City Clerk stating that all
corrections on improvements have been made as stated in the report
of the Department of Public Works dated September 7, 1954; and there
is filed with the City Clerk the surveyor's certificate stating that
all monuments are in place, the Council does hereby authorize the
release of the bond on Cooperspoon Subdivision in the amount of
$80,000.00, and that the City Clerk do all things necessary to the
full performance of this resolution
The City Clerk read communication dated September 7, 1954, from Rose
Hill Builders, regarding release of bond on Cooperspoon Subdivision No 2.
By Councilman Jones, seconded by Councilman Kleinert and unanimously
adopted, it was
#1734 RESOLVED, that when the certification from the Department
of Public Works has been received by the City Clerk stating that all
corrections on improvements have been made as stated in the report
of the Department of Public Works dated September 7, 1954; and there
is filed with the City Clerk the surveyor t s certificate stating that
all monuments are in place; the Council does hereby authorize the
release of the bond on Cooperspoon Subdivision No 2 in the amount
of $80,000 00, and that the City Clerk do all things necessary to the
full performance of this resolution.
By Councilman Edgar, seconded by Councilman Jones and unanimously
adopted, it was
#1735 RESOLVED, that the request of Rose Hill Builders dated
September 7, 1954, for release of Bond on Cooperspoon Subdivision
No 3, be tabled, pending a report from the Departrent of Public
Works.
By Councilman Edgar, seconded by Councilman Whitehead and unanimously
adopted, it was
#1736 RESOLVED, that when the certification from the Department
of Public Works has been received by the City Clerk stating that all
corrections on improvements have been made as stated in the report
""' of the Department of Public Works dated September 2, 1954, and there
Page 1597
is filed with the City Clerk the surveyor's certificate stating that
all monuments are in place; the Council does hereby authorize the
release of the bond on Greenette Subdivision in the amount of
$60,000.00, and that the City Clerk do all things necessary to the
full performance of this resolution
By Councilman Carey, seconded by Councilman Jones and unanimously
adopted, it was
#1737 RESOLVED, that the request of Henry S.Alper dated September
9, 1954, for release of bond on Belaire Subdivision be tabled pending
a report from the Department of Public Works.
The City Clerk read a letter dated September 3, 1954, from the Belaire
Woods Civic Association.
Councilman Whitehead was excused at 10:40 P M , and returned at 10:45 P M
By Councilman Edgar, seconded by Councilman Carey and unanimously
adopted, it was
#1738 RESOLVED, that the request of Belaire Woods Civic Association
dated September 3, 1954, for paving of West Chicago Road, be tabled
until submission of the budget for next year, wherein this item is
to be included under capital improvements.
The City Clerk, Marie W Clark, read letter dated July 22, 1954, from
the City Planning Commission regarding Olde Indian Trail Subdivision. Mr. Warner
appeared before the Council on this natter
President Daugherty relinquished the chair to Vice President Kleinert
and was excused at 11.03 P M He returned to the meeting at 11.10 P M , and
resumed the chair at 11:15 P. M.
By Councilman Edgar, seconded by Councilman Carey and unanimously
adopted, it was
#1739 RESOLVED, that Olde Indian Trail Subdivision be referred
back to the City Planning Commission for consideration regarding
lot widths, recreation areas, elimination of some cul de sacs and
also consideration of surrounding plats.
The City Clerk read a letter from the Traffic Commission dated August
�..� 25, 1954, which was received and placed on file.
Page 1598
By Councilman Kleinert, seconded by Councilman Killam and unanimously
adopted, it was
#1740 RESOLVED, that the Department of Parks and Recreation be
and hereby is directed to enter into negotiations with the Shelden
Lard Company for the acquisition of approximately twenty (20) additional
feet of property immediately to the rear of Fire Station No 2 on Farm-
ington Road, in order to make recreation space available for members of
the Fire Department on duty there and in order that the space may be
available for the possible future erection of a public comfort station
for the convenience of the many citizens patronizing the shopping areas
in the vicinity of Plymouth and Farmington Roads and in order to make
possible the recreational use of vacant properties in that vicinity
By Councilman Kleinert, seconded by Councilman Carey and unanimously
adopted, it was
#1741 RESOLVED, that
WHEREAS, Mr and Mrs Robert G Everhart, parents of Diane
Everhart, who was fatally injured by City of Livonia vehicle operated
by City employee, have requested through their attorneys, that the City
of Livonia make some offer of compensation over and above that which
has been offered for insurance settlement, and
OF WHEREAS, all factors pertaining to this question have been
carefully considered,
Imes BE IT NOW REGRETFULLY RESOLVED, that the City of Livonia, as
represented by this Council, can make no such offer.
The City Clerk read recommendation of the Mayor dated September 8, 1954,
and letter from the Chief of the Fire Department dated September 7, 1954.
By Councilman Jones, seconded by Councilman Carey, it was
#1742 RESOLVED, that upon request of Fire Chief Roberts dated
September 7, 1954, the sum of $1600.00 is hereby appropriated from
the Unallocated Fund to be transferred to Fire Department Account
No. 1-A.
A roll call vote was taken on the foregoing resolution with the following result•
AYES: Jones, Killam, Kleinert, Whit ehead, Carey, Edgar and Daugherty.
NAYS. None
By Councilman Kleinert, seconded by Councilman Jones and unanimously
adopted, it was
#1743 RESOLVED, that the Council does hereby approve the request
of the Livonia Police Officers Association dated September 3, 1954,
for the installation of a cigarette vending machine, the proceeds
Page 1599
from this machine to be placed in the treasury of the Livonia
111 Police Officers Association.
The City Clerk read letter from John Stoughton, Chairman of the Zoning
Board of Appeals, dated August 22, 1954
By Councilman Whitehead, seconded by Councilman Edgar and unanimously
adopted, it was
#1744 RESOLVED, that the Council of the City of Livonia does
hereby express its high esteem and gratitude for Mr John L.
Stoughton's splendid work, leadership and unselfish service,
not only in the performance of his duties as Chairman of the
Zoning Board of Appeals, but on all other service matters with-
in our new City of Livonia, and that this resolution be trans-
mitted to Mr Stoughton over the names of each member of the
City Council.
By Councilman Kleinert, seconded by Councilman Edgar and unanimously
adopted, it was
#1745 RESOLVED, that , pursuant to Section 19.01 of the Zoning
Ordinance of the City of Livonia, Ordinance No. 60, and Section 5,
Act 207, Public Acts of Michigan, 1941, as amended, Robert H Lorion,
9919 Hubbard, is hereby appointed as a member of the Zoning Board of
Wom
Appeals to fill the unexpired term of John Stoughton who resigned,
which term expires on July 7, 1956, with all of the authorities arra
duties set forth in said Zoning Ordinance and Act 207
The City Clerk read the report of the Justice Court and Violations
Bureau for the month of August , 1954, which was received and placed on file
Councilman Kleinert introduced an amendment to the Traffic Ordinance
By Councilman Jones, seconded by Councilman Carey, it was
#1746 RESOLVED, that the Ordinance amending Ordinance No 21
be tabled until it can be amended to include School zones.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Whitehead, Carey, Edgar and Daugherty
NAYS: Kleinert
By Councilman Kleinert, seconded by Councilman Jones and unanimously
adopted, it was
#1747 RESOLVED, that
Page 1600
WHEREAS, a lack of sanitation sewers in the central portion of
Livonia is jeopardizing the health and welfare of our citizens, and
progress of construction of necessary schools, and
WHEREAS, the City Council of Livonia did act upon resolution
No. 1465 May 10, 1954, and resolution No 1703 on August 30, 1954, so
as to make possible the attainment of necessary and equitable financed
sewers, and
WHEREAS, litigation was instituted in Circuit Court by Chancery
Action No 518,667, Raymond vs City of Livonia, because of this action
by the City Council; this resulting in a restraining order upon the City
of Livonia preventing the City of Livonia from putting said resolution
into effect until said litigation is culminated, and
WHEREAS, this honorable body is desirous of removing any and all
barriers which could further obstruct attainment of an equitable program
of sewer facilities,
NOW THEREFORE BE 1T RESOLVED, that resolution No. 1465 and
No 1703 are hereby rescinded and held for nought
By Councilman Killam, seconded by Councilman Kleinert and unanimously
adopted, it was
#1748 RESOLVED, that
WHEREAS, resolution #1018 unanimously adopted at the adjourned
regular meeting of the Council of the City of Livonia on April 14, 1954,
directed that the City Attorney make a general investigation of all con-
ditions pertaining to and reasons for the original adoption of resolutions
956, 967, 977, 978, 985, 986, 987, 988, 989, 990, 992, 993, 994, 998, 1001,
1002, 1003, and 1004 and report the results thereof to this Council, and
WHEREAS, only verbal incomplete reports pertaining to resolutions
956, 967, 977, 978, 989, 990, 993 and 994 have been received to date, and
as no written reports, recommendations or opinions have been received on
a majority of these items which led to the action of resolution #1018, and
WHEREAS, such information is necessary in order that this Council
may take action on the remaining items which were covered in Mayor Hartom's
veto message of April 12, 1954,
BE IT NOW RESOLVED, that the City Attorney is hereby directed to
submit final or interim reports or recommendations on these matters to
the Council not later than September 27, 1954, and
BE IT FURTHER RESOLVED, that until such reports or recommendations
are submitted and until further instructions to proceed are issued by this
Council, that any investigatory powers given, intended or assumed under
resolution #1018 are hereby suspended
By Councilman Kleinert, seconded by Councilman Carey and unanimously
adopted, it was
#1749 RESOLVED, that upon deposit of a $10,000.00 cash bond by
Shelden Land Company for balance of paving in Rosedale Gardens Sub-
division No 14, the Bureau of Inspection is authorized to issue
building permits in said subdivision
Page 1601
By Councilman Killam, seconded by Councilman Jones and unanimously
adopted, this 126th regular meeting of the Council of the City of Livonia was
duly adjourned at 12:35 A M , September 14, 1954
rieW Clark, City Clerk
Attested.
1%:5
Jo T. Daugherty, President of k .e Council
fA&A
Rudolf RjKleinert, Vice President of the Council