HomeMy WebLinkAboutCOUNCIL MINUTES 1952-11-24 Page 949
MINUTES OF THE EIGHTY-THIRD REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
rft: On November 24, 1952, above meeting was held at 33211 W. Seven Mile Road,
Livonia, Michigan, and was called to order at approximately 8:05 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, Harold Bower and William Taylor. Absent--
Raymond E Grimm, Nettie Carey and John Whitehead
The minutes of the 82nd regular meeting of the Council held on November 10,
1952, were read and approved.
On motion of Councilman Edgar, supported by Councilman Taylor and unanimously
passed, the regular order of business was suspended in order to consider and take
action on a communication from Justice of the Peace, Leo 0. Nye.
By Councilman Bower, seconded by Councilman Taylor and adopted as follows,
it was:
#280 RESOLVED that, pursuant to communication from Civil Service
Commission dated November 8, 1952, and pursuant to the recommendation
of Justice of the Peace Nye, the compensation of Evelyn Burt as Clerk
of the Justice Court, Manager of the Violations Bureau and Deputy
Treasurer is hereby fixed at $132.00 bi-weekly.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bower, Edgar, Taylor and Wolfe
NAYS: None
By Councilman Bower, seconded by Councilman Taylor and adopted as follows,
it was-
#281 RESOLVED, that all bids received on November 10, 1952, for
construction of an addition to the Police Department Building are hereby
rejected and the City Clerk is instructed to return the deposits to the
respective bidders.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bower, Edgar, Taylor and Wolfe.
NAYS: None.
Page 950
By Councilman Edgar, seconded by Councilman Taylor and unanimously adopted
as follows, it was.
#282 RESOLVED, that the hour of 8:30 P. M having arrived, all sealed
bids received on construction of culvert at Rouge Creek crossing of Angling
Road be opened and read.
The City Clerk then opened and read the following bids.
1 George Z Odien, Inc $15,682.00
2. P. Reid Hawk, Inc. 27,805 00
3 R H. McManus & Co 25,290 00
4. Boam Co . . . . 25,720.00
5. United Contracting Co , Inc 26,000.00
6 Sinacola Contracting Co., Inc. . 19,500 00
By Councilman Edgar, seconded by Councilman Taylor and unanimously adopted
as follows, it was:
#283 RESOLVED, that the foregoing bids be referred to the Department
of Public Works and the City Engineer for their recommendations and report
to the Council.
By Councilman Taylor, seconded by Councilman Edgar and unanimously adopted
ilob as follows, it was-
#284 RESOLVED, that all sealed bids received for the construction of
an addition to the Police Department Building be opened and read by the
City Clerk.
The City Clerk opened all bids received and read the same as follows:
Contractor Base Bid
General Wolfe Construction Co $8,833 00
Architectural Wolfe Construction Co $5,460.00
Trades Orr Brothers $5,825 00
Killfoile Wendeln $7,930.00
Mechanical John M. Campbell $2,851 00
Trades Orr Brothers $3,370.00
Electrical Merrion Electric $ 482 00
By Councilman Taylor, seconded by Councilman Edgar and unanimously adopted
as follows, it was:
#285 RESOLVED, that the foregoing bids be referred to the architect,
the Department of Public Safety and the Department of Public Works for
their report and recommendations.
Page 951
On motion of Councilman Taylor, supported by Councilman Bower and unanimously
passed, the regular order of business was suspended in order to hear report of Planning
Commission on vacating of alleys. The City Attorney read the report of the Planning
Commission dated November 21, 1952, pertaining to the vacating of certain alleys
Councilman Edgar introduced the following ordinance-
NO 62
AN ORDINANCE VACATING PORTIONS OF CERTAIN ALLEYS IN
E G. SETTLE REALTY CO.'S BONAPARTE GARDENS SUBDIVISION,
SEVEN MILE SUPER HIGHWAY SUBDIVISION, FIVE ELM PARK
SUBDIVISION AND B E TAYLOR'S COMO LAKE SUBDIVISION.
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendations of the City Planning Commission,
dated November 21, 1952, on Petitions #60, #61, #63, #64 and #65, for vacating of
certain alleys, are hereby accepted and adopted, and the Council does hereby approve
all proceedings on said petitions, it appearing that a public hearing thereon was
duly held on November 13, 1952, as provided by law and that proper notice of such
hearing was given
Section 2 Pursuant to Ordinance No 29 of the City of Livonia entitled,
r.. "An Ordinance Providing the Procedure for Vacating of Streets, Alleys and Public
Ground", the following portions of alleys within the City of Livonia, County of Wayne
and State of Michigan, are hereby vacated:
(a) That portion of the 18 foot public alley presently situated
at the rear of Lots 400 to 414, inclusive, and Lots 350 to 364, inclusive,
of E. G. Settle Realty Co.'s Bonaparte Gardens Subdivision of the Southeast
1/4 of Section 35, Town 1 South, Range 9 East, City and Township of Livonia,
Wayne County, Michigan;
(b) That portion of the 20 foot public alley presently situated
at the rear of Lots 52 to 84, inclusive, and Lots 203 to 216, inclusive,
of Seven Mile Super Highway Subdivision of the East 1/2 of the Northeast 1/4
of Section 9, Town 1 South, Range 9 East, City and Township of Livonia,
Wayne County, Michigan;
(c) That portion of the 18 foot public alley presently situated
at the rear of Lots 94 to 122, inclusive, and Lots 136 to 164, inclusive,
of Five Elm Park Subdivision of the Northwest 1/4 of Section 24, Town 1
South, Range 9 cast, City and Township of Livonia, Wayne County, Michigan;
(d) That portion of the 20 foot public alley presently situated
at the rear of Lots 1 to 30, inclusive, and Lots 77 to 93, inclusive,
of Five Elm Park Subdivision of the Northwest 1/4 of Section 24, Town 1
South, Range 9 East, City and Township of Livonia, Wayne County, Michigan;
Page 952
(e) That portion of the 20 foot public alley presently situated
at the rear of Lots 103 to 115, inclusive, and Lots 173 to 205, inclusive,
of B E Taylorfs Como Lake Subdivision of the Northeast 1/4 of Section 24,
opm Town 1 South, Range 9 East, City and Township of Livonia, Wayne County,
Michigan;
provided, however, and on express condition that there be and hereby is reserved in
the lands now occupied by the above described portions of alleys, an easement for
the installation and maintenance of sewers, water, gas, electric, telephone and all
other public utilities for the use and benefit of the public and, provided further,
that all persons, firm ar corporations owning or operating said public utilities shall
have the right to enter upon said easement for the purpose of installing, maintaining
or operating any of said public utilities
Section 3. 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 4. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of the remaining
portion of this ordinance.
The foregoing ordinance was placed on the table for action at the next
regular meeting of the Council
By Councilman Taylor, seconded by Councilman Bower and unanimously adopted
as follows, it was:
#286 RESOLVED, that all sealed bids on 1953 Ford Coupe for Department
of Public Works be opened and read.
The City Clerk thereupon opened and read all bids received as follows:
1 Ralph Ellsworth $1,469 11
2 Paul J. Wiedman, Inc. . . . . . 1,317 03
3. Cy Owens 1,497.35
4 Clarence Bell, Inc 1,333 40
By Councilman Edgar, seconded by Councilman Taylor and unanimously adopted
as follows, it was:
#287 RESOLVED, that the foregoing bids be referred to the Superintendent
of Public Works for his recommendation and report
The City Clerk read a communication from the City Planning Commission dated
November 21, 1952, wherein it was stated that on November 13, 1952, the commission amended
.�. Subdivision (f) of Section 4 02 of the Subdivision Regulations to read as follows:
Page 953
(f) Dedication of Half-Streets. The dedication of half-
streets will be permitted where a subdivision adjoins undeveloped
property, where such dedication will not cause serious detriment to
the surrounding neighborhood and the city, and where either such half-
streets has been constructed and improved as required by the provisions
of the Plat Ordinance, Ordinance #44 of the City of Livonia, or a cash
deposit has been given to the City in an amount sufficient to pay the
cost of such construction and improvement as determined by the Department
of Public Works Wherever there already exists a dedicated and recorded
half-street or alley on an adjoining plat, the other half must be
dedicated on the proposed plat to make the street or alley complete.
By Councilman Edgar, seconded by Councilman Bower and unanimously adopted
as follows, it was:
#288 RESOLVED, that the foregoing amendment of Subdivision (f) of
Section 4 02 of the Subdivision Regulations is hereby approved
By Councilman Taylor, seconded by Councilman Edgar and adopted as follows,
it was:
#289 RESOLVED that, the City Planning Commission on October 16, 1952,
having tentatively approved the proposed plat of Greenette Subdivision
of part of the Northwest 1/4 of Section 36, Town 1 South, Range 9 East,
the Council does likewise tentatively approve said proposed plat on the
following conditions:
(1) That final approval shall not be given until all of the
streets and improvements shown in said plat have been installed
and constructed in full compliance with the Subdivision Rules and
Regulations, the Plat Ordinance, No 44, and the requirements of
the Department of Public Works or, in lieu thereof, a sufficient
cash or surety bond be furnished to the City of Livonia in such
amount as may be determined by the Council and in such form as
may be approved by the City Attorney
(2) The Department of Public Works shall have certified to the
Council its approval of the construction and installation of such
streets and improvements; and
(3) The plans and specifications of such paving and improvements
shall be approved by the Department of Public Works.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bower, Edgar, Taylor and Wolfe
NAYS. None.
The Council next considered letters from Rose-Hill Homes, Inc dated
November 13, 1952, May 6, 1952, November 11, 1952 and letter from the City Attorney
dated November 17, 1952, pertaining to dedication of those portions of Harrison Avenue
Page 954
which are in Section 36 presently owned by the City of Livonia and the Livonia
Township School District. Mr. Abe Green and Mr Aubrey Ettenheimer of Rose-Hill
Builders and Mr Clyde Rickert of the Livonia Township School Board and Mr. Harry 0.
Johnson, Superintendent of Schools also participated in the discussion. ales agreed
that the following procedure should be adopted:
(1) Preparation of plans and specifications of the paving and
improving of the portions of Harrison now owned by the City
and the School District and the approval of such plans and
specifications by the Department of Public Works and City
Council.
(2) Approval by the City Council and the School Board of an estimate
of costs of such improving and paving
(3) A determination by the School Board and the Council as to what
share of the School District's portion of Harrison should be paid
by the school district and what portion should be paid out of
the General Fund of the City
(4) Delivery by the School Board of a quit claim deed to the City of
Livonia describing the portion of Harrison owned by the School
District.
Mr. Green and Mr. Ettenheimer agreed as to the above procedure, but inquired as to
whether they could not at o nce obtain from the Council some expression of their
intent as to the portion of Harrison now owned by the City of Livonia They stated
that if such an expression could be given, they would follow the above procedure,
would install and construct the improvements and paving and would allow the city one
year within which to repay them for the city's share of the cost of such paving and
improving.
By Councilman Edgar, seconded by Councilman Taylor andadopted as follows,
it was.
#290 RESOLVED, that the following portion of land now owned by
the City of Livonia and situated on the West side of Harrison Avenue,
which portion is described as follows:
The East 43 feet of the East 660 feet of the South 1/2
of the Northwest 1/4 of Section 36, Town 1 South, Range 9
East, City of Livonia, Wayne County, Michigan, excepting
;,,,` the south 660 feet thereof;
Page 955
be set aside and used for highway purposes as part of Harrison Avenue,
on condition that Rose-Hill Homes, Inc. shall improve and pave said
portion in such manner as may be required by the Department of Public
Works and on condition that the cost of such improving and paving be
approved by the City Council, provided, however, that the City of Livonia
shall pay its proportionate share of such approved cost within a period
of one year following acceptance and approval by the Department of Public
Works of such paving and improvements
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bower, Edgar, Taylor and Wolfe.
NAYS. None.
By Councilman Bower, seconded by Councilman Taylor and adopted as follows,
it was:
#291 RESOLVED that, the City Planning Commission on October 30, 1952,
having tentatively approved the proposed plat of Cooper-Spoon Subdivision
of part of the Southwest 1/4 of Section 35, Town 1 South, Range 9 East,
the Council does likewise tentatively approve said proposed plat on the
following conditions:
(1) That final approval shall not be given until all of the
streets and improvements shown in said plat have been installed
and constructed in full compliance with the Subdivision Rules and
Regulations, the Plat Ordinance, No 44, and the requirements of
the Department of Public Works or, in lieu thereof, a sufficient
cash or surety bond be furnished to the City of Livonia in such
amount as may be determined by the Council and in such form as
may be approved by the City Attorney;
(2) The Department of Public Works shall have certified to the
Council its approval of the construction and installation of such
streets and improvements; and
(3) The plans and specifications of such paving and improvements
shall be approved by the Department of Public Works.
A roll call vote was taken on the foregoing resolution with the following result:
AYES• Bower, Edgar, Taylor and Wolfe.
NAYS: None.
A ten minute recess was called at 10.30 P.M., following which the meeting
was resumed with all members present who were named as present in the original roll
call of this meeting
James Hagen, Director of Public Safety, appeared before the Council with
his recommendations as to the bids for the construction of an addition to the Police
Department Building.
Page 956
By Councilman Edgar, seconded by Councilman Taylor and adopted as follows,
it was:
#292 RESOLVED, that pursuant to the recommendation of the Director
of Public Safety the following bids for construction of an addition to the
Police Department Building are hereby accepted:
Wolfe Construction Co. (architectural trades) $5,460.00
John M Campbell, Inc. (mechanical trades - plumbing
and heating) $2,851 00
Merrion Electric Co. (electrical) . . $ 482.00;
that the Mayor and City Clerk are hereby authorized to sign contracts on
behalf of the City pursuant to such bids; and that the sum of $3,243 00 is
hereby appropriated to the Police Department from the Capital Improvement
Fund to be used in the payment of the cost of such construction
A roll call vote was taken on the foregoing resolution with the following result:
AYES• Bower, Edgar, Taylor and Wolfe
NAYS: None
Superintendent Hultquist submitted his report on bids on 1953 Ford Coupe
for the Department of Public Works.
By Councilman Taylor, seconded by Councilman Bower and adopted as follows,
it was:
#293 RESOLVED, that the bid of Paul J. Wiedman, Inc for 1953 Ford
Coupe including oil filter and oil bath air cleaner, in the amount of
$1,334.05 be accepted and that a purchase order be issued in accordance
with such bid.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bower, Edgar, Taylor and Wolfe.
NAYS: None.
By Councilman Bower, seconded by Councilman Taylor and unanimously adopted
as follows, it was:
#294 RESOLVED that, pursuant to the recommendation of the City Planning
Commission dated November 21, 1952, the final plat of Bell Creek Farms
Subdivision No 1 of part of the West 1/2 of the Northwest 1/4 of Section 15,
Town 1 South, Range 9 East, is hereby approved and the City Clerk is authorized
to affix her signature to such final plat as evidence of this approval
The City Clerk read petition of Edward Steiner, et al, (125 in number) for
action under the new Zoning Ordinance to stop objectionable noise now being caused
by the Light Weight Aggregate Corporation.
Page 957
By Councilman Taylor, seconded by Councilman Bower and unanimously adopted
as follows, it was-
#295 RESOLVED, that the Council having given careful consideration
to the petition of Edward Steiner, et al, in relation to noise being
caused by the Light Weight Aggregate Corporation, the Police Department,
Bureau of Inspection and City Attorney are hereby requested to take such
action under the new Zoning Ordinance, No 60, as may give relief to the
petitioners and as may be necessary to enforce the provisions of such
ordinance.
By Councilman Taylor, seconded by Councilman Bower and adopted as follows,
it was:
#296 RESOLVED that, pursuant to the recommendation of the City Engineer
dated November 18, 1952, his estimate No 5 for payment to George Tripp,
Contractor, under Contract No. 1 for water mains constructed pursuant to
the provisions of Ordinance No. 43, is hereby approved and payment of the
balance due of $33,384 19 is hereby authorized, provided, however, that such
amount be paid as follows- the sum of $26,115.31 to James B. Clow & Sons
and George Tripp, and the sum of $7,268.88 to George Tripp alone; and,
provided further, that the City retain the sum of $2,500 00 until all the
streets have been properly reconditioned and all claims in relation thereto
have been satisfied
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bower, Edgar, Taylor and Wolfe
r..
NAYS: None
By Councilman Edgar, seconded by Councilman Taylor and unanimously adopted as
follows, it was:
#297 RESOLVED, that the Council having given careful consideration to
communication from Coulter Bros Inc dated November 12, 1952, and it
appearing on information submitted that no bonafide or sincere attempts are
being made to settle or adjust the various claims set forth in such
communication or to negotiate with the claimants, further payment of any
amount to Coulter Bros. Inc. is not authorized and the City Attorney is
requested to send a copy of this resolution to the contractor with a statement
of the city's position
A letter from the City Attorney dated November 17, 1952, pertaining to the
purchase of property adjacent to the present premises of the Department of Public Works
was read and considered
By Councilman Edgar, seconded by Councilman Bower and adopted as follows,
am.
it was:
Page 958
#298 RESOLVED, that the City of Livonia purchase from Leo
Jeziorski and Bertha Jeziorski, his wife, a parcel of land situated
in the City of Livonia and described as follows:
Lot numbered Sixteen (16), Newman Schoolcraft Farms
Subdivision, of a part of the Northeast 1/4 of Section 28,
T. 1 S., R. 9 E., Livonia Township, Wayne County, Michigan,
as recorded in Liber 69, Page 90, Plats, Wayne County
Records;
and that the City, in return for a proper warranty deed to the above
premises, pay to said Leo Jeziorski and Bertha Jeziorski, his wife,
the sum of $1600.00, which amount is hereby appropriated from the
Capital Improvement Fund
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bower, Edgar, Taylor and Wolfe
NAYS. None
By Councilman Bower, seconded by Councilman Taylor and adopted as follows,
it was:
#299 RESOLVED, that pursuant to determination of Justice of the
Peace Nye dated November 19, 1952, the claim of Florence Eves for
destruction of turkeys by dogs is allowed in the amount of $48.00,
the Justice's fee in the amount of $2.00 is likewise allowed and payment
of such amounts is hereby authorized
A roll call vote was taken on the foregoing resolution with the following result:
AYES- Bower, Edgar, Taylor and Wolfe.
NAYS: None.
By Councilman Edgar, seconded by Councilman Bower and adopted as follows,
it was:
#300 RESOLVED, that the report of the Finance Committee for the
month of October, 1952, is hereby approved and filed and a summary of
such report is hereby spread upon the minutes of this meeting as follows:
General, Legislative and Administrative:
Legislative $ 175 00
City Treasurer 1,085 08
City Clerk 212.50
Civil Service Commission 425.00
Election Commission 12,587 98
Justice Court 31 62
City Planning Commission 21.50
Court Building 186.34
City Hall 220 45
Civilian Defense 15.26
$ 14,960 73
Page 959
Department of Public Safety:
Police Department $ 1,233.36
Fire Department 795.75
Inspection Department 54.44
$ 2,083.55
Department of Public Works $ 7,276 11 $ 7,276.11
Department of Parks and Recreation $ 389.26 $ 389.26
General Ledger Accounts:
New City Hall $ 36,873.32
Capital Improvements 4,218 30
Insurance 1,561.36
Inventory 200.11
Ac. of Land Costs 1 25
Deposit on barrel 6.00
$ 42,860.34
Total $ 67,569 99
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bower, Edgar, Taylor and Wolfe
NAYS: None
The report of the Justice Court and Violations Bureau dated November 1, 1952
was received and placed on file.
By Councilman Taylor, seconded by Councilman Bower and unanimously adopted
as follows, it was:
#301 RESOLVED, that Petition No 1 of Norma M Decker, et al, for
change of zoning classification is hereby referred to the City Planning
Commission for holding a public hearing thereon and making its report
and recommendations according to law
Letter from the City Attorney dated November 24, 1952, pertaining to
amendment to Section 44 of the General Tax Law was read and considered
By Councilman Edgar, seconded by Councilman Taylor and adopted as follows,
it was.
#302 RESOLVED, that City taxes due and payable on the 1st
day of December of any year may be paid on or before the 19th day
of January next following said 1st day of December, without penalty
or additional charge; but all of such taxes collected on and after
the 20th day of January next following said 1st day of December
shall be subject to all the collection fees, penalties and other
additional charges provided in the Charter.
Page 960
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bower, Edgar, Taylor and Wolfe
NAYS: None
By Councilman Edgar, seconded by Councilman Taylor and adopted as follows,
it was-
#303 RESOLVED that, pursuant to the recommendation of the City
Treasurer dated November 19, 1952, the rollover of Certificate of
Indebtedness #95411 in the amount of $100,000 for a period of nine
months is hereby authorized
A roll call vote was taken on the foregoing resolution with the following result-
AYES- Bower, Edgar, Taylor and Wolfe
NAYS: None
By Councilman Edgar, seconded by Councilman Taylor and unanimously adopted
as follows, it was:
#304 RESOLVED, that the City Auditor be requested to prepare and
submit quarterly reports on all receipts and disbursements of Motor
Vehicle Highway Fund monies under Act #51
By Councilman Taylor, seconded by Councilman Bower and adopted as follows,
it was:
#305 RESOLVED, that John Kaszeta, Ben Kaszeta and Cass Kaszeta, a/k/a
Kaszeta & Sons, having failed to perform their contract dated February 12,
1952, with the City of Livonia and numerous defaults having occurred in the
performance of such contract, including the contractors failure to complete
the same within the period of time specified in such contract, including
the defaults set forth in correspondence by the City Engineer, the City
Attorney and the contractor, and including other defaults, the City of
Livonia does hereby declare such contract to be breached, does hereby
direct the City Engineer to stop all further work by the contractor and
does hereby direct the Department of Public Works to cause all necessary
work under such contract to be satisfactorily completed.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bower, Edgar, Taylor and Wolfe.
NAYS: None.
On motion of Councilman Taylor, seconded by Councilman Bower and unanimously
passed, the meeting was adjourned at 12.05 A. M., November 25, 1952.
Mar - Clark, City Clerk
Attested: /
jHa ry S Wol , President