HomeMy WebLinkAboutCOUNCIL MINUTES 1954-10-25 Page 1643
MINUTES OF THE ONE HUNDRED TWENTY-NINTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On October 25, 1954, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8.40 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, Nettie
Carey and Wilson W. Edgar. Absent: None.
By Councilman Killam, seconded by Councilman Carey and unanimously
adopted, it was
#1818 RESOLVED, that the Council suspend the regular order of
business to open bid s for certain equipment 4nd to take up such
other matters as appear on the agenda
The City Clerk, Marie W Clark, thereupon opened and read the following
bids•
International Truck Model RM-122
1 Budd Motor Sales 13,032 71
2 International Harvester Company 3,122.37
Oliver Model 88 Industrial Wheel Tractor
3 Cyril J Burke, Inc. 10,145.00
Ka-Mo Earth Boring Equipment
4 Contractors Machinery Company 958.84
By Councilman Jones, seconded by Councilman Kleinert and unanimously
adopted, it was
#1819 RESOLVED, that the foregoing bids for equipment for the Water
Department be referred to the Board of Water Commissioners for report
and re commendatio n
By Councilman Whitehead, seconded by Councilman Jones and unanimously
adopted, it was
#1820 RESOLVED, that the minutes of the 128th regular meeting of the
City Council held October 11, 1954, and the adjourned 128th regular
meeting held October 18, 1954, are approved as submitted.
Page 1644
By Councilman Jones, seconded by Councilman Kleinert and unanimously
111 adopted, it was
#1821 RESOLVED, that the minutes of the 24th Special Meeting of the
City Council held October 19, 1954, are approved as submitted
The City Clerk read a letter from Joseph Richards dated October 20, 1954,
and letter from the Michigan Liquor Control Commission dated October 6, 1954
By Councilman Kleinert, seconded by Councilman Jones and unanimously
adopted, it was
#1822 RESOLVED, that the Council, having approved, under date of
August 9, 1954, the request of Joseph Richards for transfer of exist-
ing tavern license held by Arthur Collins, 33601 Plymouth Road, and
did likewise approve the new location as set forth in such resolution,
and it appearing that such location met with disfavor by the Michigan
Liquor Control Commission, the Council does hereby approve the transfer
of said license from 33601 Plymouth Road to a new location at 35085
Plymouth Road
The City Clerk, Marie W. Clark, read a letter from the City Planning
Commission dated October 7, 1954, letter from Mrs George Reynolds dated September
24, 1954 and Petition No. Z-62 of Mr. and Mrs Dwight Morris. Mr Nandino Perlongo,
attorney, appeared before the Council as legal representative of the petitioner,
Mr Dwight Morris Mr. William Robinson of the City Planning Commission and Dwight
Morris also were asked for comments on such petition
By Councilman Carey, seconded by Councilman Kleinert and unanimously
adopted, it was
#1823 RESOLVED, that the report and recommendation of the City
Planning Commission dated October 7, 1954, on Petition No Z-62 of
Mr and Mrs Dwight Morris for change of zoning classification in
the Northeast 1/4 of Section 31 from RUFB to C-2 has been considered
and such petition is hereby approved; and Mr. George Haller, Special
Legal Advisor, is directed to prepare an amendment to the Zoning
Ordinance No 60 in accordance with this resolution
The City Clerk read a letter from the City Planning Commission dated
October 21, 1954, on Petition No. Z-60
By Councilman Kilian, seconded by Councilman Kleinert and unanimously
adopted, it was
Page 1645
#1824 RESOLVED, that the report and recommendation of the City
Planning Commission dated October 21, 1954, on Petition No Z-60
as submitted by Thomas F O'Connor for change of zoning in the
Southeast 1/4 of Section 10 from RUFB to R-1-A is hereby approved;
and Mr George Haller, Special Legal Advisor is directed to prepare
an amendment to the Zoning Ordinance No. 60 in accordance with this
resolutio n.
The City Clerk read a letter dated October 11, 1954 from Smiley Ringwald,
Inc. Mr Harry E Smiley was present.
By Councilman Kleine rt, seconded by Councilman Jones and unani nu sly
adopted, it was
#1825 RESOLVED, that the City Council does hereby concur with the
recommendation of the City Planning Commission dated February 23, 1954,
and does give tentative approval to the Smiley Ringwald Subdivision,
located on the Northwest corner of Henry Ruff and Joy Road in the
Southwest 1/4 of Section 35, provided, however, that final approval
will not be given until the proprietor of said Smiley Ringwald Sub-
division has presented the necessary plans on all improvements.
A recess was called at 10.35 P M , after which the meeting resumed with
all members present who were named as present in the original roll call of this
ism meeting
The Ordinance entitled, "An Ordinance Amending Section 5.1 of the Traffic
Ordinance, Ordinance No 21 of the City of Livonia", introduced by Councilman
Kleinert at the adjourned 128th regular meeting held October 18, 1954, was taken
from the table and a roll call vote was conducted thereon with the following result•
AYES* Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty
NAYS: Jone s
The President declared the foregoing Ordinance was duly adopted and will
become effective upon date of publication, November 11, 1954
Councilman Jones made the following statement : "The Traffic Ordinance as
presented to the City Council of the City of Livonia is, in the opinion of this
Councilman, a sneak attack upon the safety of the school children of this City.
I, therefore, expressly wish to state my position so that every citizen of the City
immw
of Livonia can be fully aware of this fact. I further wish to state that if, in
Page 1646
the course of the enforcement of this Ordinance, the lives of some of the school
children of this City are lost, it is my opinion that the County authorities should
`.. be sued and made to pay the full expense of such actions "
Councilman Daughe rty replied: "I think th e entire Council has taken action
on the above Ordinance after due consideration in compliance with County and State
re qui rement s and laws."
The City Clerk read a letter dated October 22, 1954, from the Department
of Public Works regarding release of bond in Smokier-Rousseau Subdivision
By Councilman Whitehead, seconded by Councilman Killam and unanimously
adopted, it was
#1826 RESOLVED that, having considered the report of the Department
of Public Works dated October 22, 1954, such report having been approved
by the Mayor under date of October 25, 1954, wherein the Department of
Public Works recommends that all improvement s be accepted by the City of
Livonia; and the City Clerk has on file the certificate of the land sur-
veyor; the Council does hereby release the bond on Smokier-Rousseau
Subdivision dated October 29, 1953, in the amount of $90,000 00; and
that the New Amsterdam Casualty Company, a New York corporation, 660
Penobscot Building, Detroit, Michigan, be ratified of such release.
__ The City Clerk read a letter from the Department of Public Works dated
October 15, 1954, and letter from the Mayor dated October 20, 1954, regarding the
release of bond in Heiman Park Subdivision
By Councilman Carey, seconded by Councilman Whitehead and unanimously
adopted, it was
#1827 RESOLVED that, having considered the report and recommendation
of the Department of Public Works under date of October 15, 1954, and the
letter from the Mayor dated October 20, 1954, the Council does hereby
request that a maintenance bond in the amount of $3,000 00, to be retained
for one year, be filed with the City Clerk; and that when such bond has
been filed, the City Clerk is hereby authorized to release the existing
bond dated February 10, 1954, of United States Fidelity and Guaranty Company,
as surety, in the amount of $25,000.00, such bond having been posted to
guarantee installation of improvements in Heiman Park Subdivision, located
in part of the Northeast 1/4 of Section 9
The City Clerk read a letter from the Department of Public Works dated
October 8, 1954, and letter from the Mayor dated October 12, 1954, in regard to
sidewalks in Thomas Elliott Subdivision.
By Councilman Edgar, seconded by Councilman Whitehead and unanimously
Page 1647
adopted, it was
#1828 RESOLVED, that the matter of sidewalks in Thomas Elliott
Subdivision be referred to the Department of Public Works for an
estimate of the cost for such installation
By Councilman Kleinert, seconded by Councilman Killam, it was
#1829 RESOLVED, that the request of Evelyn Burt of the Justice Court
for reimbursement of 150 miles at the rate of eight cents per mile for
the use of her personal car for banking detail from September 13 to
October 22, 1954, be granted; and that the sum of $12.00 to cover such
reimbursement be taken from the Miscellaneous Account of the Justice
Court.
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.
The City Clerk, Marie W Clark, read a letter from Leo 0 Nye of the
Justice Court dated October 15, 1954, requesting an appropriation.
By Councilman Killam, seconded by Councilman Jones, it was
#1830 RESOLVED, that in accordance with the request of Judge Leo 0.
bow Nye, the sum of 51,231 65 is hereby appropriated from the Unallocated
Fund for the Salary Account of the Justice Court, to be divided as
follows:
J-1 $916.65
J-2 315 00
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
The City Clerk read a letter from the Mayor dated October 20, 1954, and
letter of the City Clerk to the Council dated October 21, 1954, regarding omission
of certain resolution numbers, which were received and placed on file
By Councilman Carey, seconded by Councilman Jones and unanimously
adopted, it was
#1831 RESOLVED, that the recommendations of the Board of Water Com-
missioners for purchase of the following equipment-
"... International Truck Model RM-122 from
Budd Motor Sales $3,032.71
Page 1648
Oliver Model 88 Industrial Wheel
Tractor from Cyril J Burke, Inc. $10,145.00
wpm Ka-Mo Earth Boring Eauipment from
Contractors Machinery Company 958.84
are hereby approved
The City Clerk, Marie W Clark, read a letter from the Mayor dated October
15, 1954, vetoing "Ordinance Amending Sections 25, 28 and 32 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 35, 3 36 and 3 37"
Councilman Edgar introduced the following Ordinance:
NO
AN ORDINANCE AMENDIN SECTIONS 25, 28 and 32,
OF THE ZONING MAP OF THE CITY OF LIVONIA, AND
AMENDINS ARTICLE 3 00 OF THE ZONING ORDINANCE,
ORDINANCE NO. 60, OF THE CITY OF LIVONIA, BY
ADDING THERETO SECTIONS 3 35, 3 36 AND 3 37
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendations of the City Planning Cammission
dated March 19, 1954, May 3, 1954 and May 21, 1954, on Petitions numbered Z-36-A,
Z-48 and Z-49, to amend the Zoning Ordinance and the Zoning Map of the City of Livonia,
and all 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 3.35. Petition No. Z-36-A of Harry Smith, et al, is hereby
granted; the zoning classific ation of thepremises described in said petitio n
is hereby changed from R-U-F-B to C-2, as reque sted in said petition; and
the Southeast 1/4 of Section 28 of said Zoning Map is hereby amended to
conform to the change made in this section
Section 3 36 Petition No Z-48 of Charles G Brown is hereby
granted; the Zoning Classific ation of the premises described in said petition
is hereby changed from R-U-F-B to C-2 as requested in such petition; and
the Northeast 1/4 of Section 32 of said Zoning Map is hereby amended to
conform to the change made in this section
Section 3.37. Petition No. Z-49 of Don and Ruby F. Waldock is
hereby granted, the zoning classification of the premises described in said
petition is hereby changed from R-1-B to P as requested in said petition;
ft.. and the Southeast 1/4 of Section 25 of said Zoning Map is hereby amended to
conform to the change made in this section.
Page 1649
Section 3. The attached map designated "Amendment No. 8 of the Zoning Map
of the City of Livonia" showing all of the amendments and changes made in the fore-
going Section 2 of this ordinance, is hereby approved, established and made a part
hum 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 tnlding shall not be construed as affecting the validity of any of the
remaining portion of this ordinance
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council, November 8, 1954.
The City Clerk read a veto message from the Mayor dated October 15, 1954,
on resolution No 1802
By Councilman Kleinert, seconded by Councilman Carey, it was
#1832 RESOLVED, that resolution No 1802 be reintroduced as follows:
RESOLVE), that Mr George Haller be and hereby is instructed to act as
itmo
Special Legal Advisor to the Zoning Board of Appeals and that the time
expended for such services be considered as a portion of time expended
in the services of the Council
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.
*Councilman Jones abstained from voting, which under Ordinance No 27, Section 19,
is recorded as a Yes vote
The President declared the foregoing resolution adopted.
The City Clerk, Marie W. Clark, read a veto message from the Mayor dated
October 15, 1954, on resolution No. 1804.
By Councilman Whitehead, seconded by Councilman Carey, it was
#1833 RESOLVED, that re solution No. 1804 be reintroduced as follows:
RESOLVED, that the Council does hereby concur with the recommendation of
the City Planning Commission dated February 26, 1954, and does hereby
give tentative approval to the Phil Ritz Subdivision located approximately
500 feet East of Middlebelt Road in the Northwest 1/4 of Section 13, pro-
vided, however, that final approval will not be given until the proprietor
of said Phil Ritz Subdivision has presented the necessary plans on all
improvements
Page 1650
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
im` The President declared the resolution was lost for want of a 2/3 majority vote and
the Mayor's veto is upheld
By Councilman Kleinert, seconded by Councilman Whitehead, it was
#1834 RESOLVED, that the question of reimbursement to Mr Russell
Ashmore for expenses submitted, be tabled pending a decision in the
Wayne County Court Case No. 52 -017, in Chancery.
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 f ore goi ng resolution adopted.
By Councilman Kleinert, seconded by Councilman Jones and unanimously
adopted, it was
#1835 RESOLVED, that Mr George Haller be and hereby is directed to
prepare the necessary anerd.ment to the Zoning Ordinance No. 60, pursuant
to resolutions No. 1811 and 1812, passed by the Council at the adjourned
128th regular meeting held October 18, 1954
By Councilman Whitehe ad, seconded by Councilmen Killan, it was
Ir...
#1836 RESOLVED that, a co ntract having been ente red into on July 3,
1953, by the City of Livonia as otine r, and Fattore Company as contractor,
for the installation of storm and sanitary sewers to serve the General
Motors Chevrolet Spring and Bumper Plant, and that estimates 1 through 4,
having been previously paid, the Council does hereby approve payment of
estimate #5 (final) in the amount of $14,168.86; and that such final pay-
ment is predicated pursuant to the report o f the D epartnent of Public Works
dated October 25, 1954; and that the City Clerk an the City Treasurer are
hereby authorized to do all things necessary to the full performance of
this resolution
A roll call vote was taken on the foregoing resolution with the f ollowing result.
AYES. Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS• None
Councilman Jones, chairman of the Finance Committee, read the report of
the Finance Committee for September, 1954.
By Councilman Edgar, seconded by Councilman Carey, it was
#1837 RESOLVED, that, the report of the Finance Committee for the
r... month of Sept ember , 1954, is hereby approved and a summary of such
Page 1651
report is spread upon the minutes of this meeting as follows:
General, Administrative & Legislative•
lie Executive $ .50
Legislative 3,147.18
City Treasurer 41 97
City Clerk 402.69
Dept. of Law 34 50
Justice Court 308 56
Election Commission 242.59
Civil Service Commission 347 45
City Planning Commission 562 93
Court Building 329.59
City Hall 403.34
Civilian Defense 53 84
Board of Appeals 5.00 $ 5,880.14
Department of Public Safety:
Police Department 3,782 36
Fire Department 6,018.02
Inspection Department 688.04 10,488.42
Department of Public Works 6,609.79 6,609.79
Department of Parks & Recreation 939.02 939.02
Ihm
23,917.37
Goner al Ledger Accounts:
Insurance 2,761.88
Retirement 2,164 01
Acquisition of Land 7.42
Contracts Payable 2,586 43
Reserve for Encumbrances ?5 00
Inventory Accounts 1,471.40
Advances 22.77 9,088.91
$33,006.28
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 Jones, seconded by Councilman Killam and unanimously
adopted, it was
#1838 RESOLVED, that Mr. George Haller, Special Legal Advisor, be
authorized to contact Edward Rose & Sons and prepare the necessary
papers to complete the agreement for lots 45, 46 and 106 located in
Edward Rose Chicago Heights Subdivi sion to be deeded to the City
Page 1652
On motion of Councilman Whitehead, seconded by Councilman Carey and
unanimously adopted, this 129th regular meeting of the Council of the City of
Livonia was duly adjourned at 12:37 A.M., October 26, 1954
ie k2 Z(7 ( ;52
l<:::k, City Clerk
Attested:
Nob
1111116
Jo :ughe rty, President of the •• - it
Rudolf R einert, Vice President of the Council