HomeMy WebLinkAboutCOUNCIL MINUTES 1952-12-08 Page 961
MINUTES OF THE EIGHTY-FOURTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
im
On December 8, 1952, above meeting was held at 33211 W. Seven Mile Road,
Livonia, Michigan, and was called to order at approximately 8:03 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, Harold Bower, Nettie
Carey, William Taylor and John Whitehead. Absent-- None.
The minutes of the 83rd regular meeting of the Council held on November 24,
1952, were read and approved
Mayor Ziegler submitted to the Council a tabulation dated December 6,
1952, from the City Engineer on bids for the culvert at the Rouge Creek crossing
and Angling Road By Councilman Edgar, seconded by Councilman Whitehead and adopted
as follows, it was•
IL #306 RESOLVED that, pursuant to the recommendation of the City
Engineer, the bid of George A. Odien, Inc. in the amount of $15,682.00
on the construction of a culvert at Rouge Creek Crossing and Angling
Road is hereby accepted and the Mayor and City Clerk are authorized to
affix their signatures to the contract consistent to the terms of such
bid and in such form as may be approved by the City Attorney
A roll call vote was taken on the foregoing resolution with the following result•
AYES. Grimm, Carey, Bower, Edgar, Whitehead,
Taylor and Wolfe.
NAYS: None
By Councilman Taylor, seconded by Councilman Carey and unanimously adopted
as follows, it was:
#307 RESOLVED, that the communication from Hubbell, Roth & Clark,
Inc. dated December 5, 1952, addressed to the City of Livonia and pertaining
to the paving and improving of Harrison is hereby referred to the
Department of Public Works for its report and recommendation, this general
subject having previously been referred to such department
lim By Councilman Whitehead, seconded by Councilman Carey and unanimously
adopted as follows, it was:
Page 962
#308 RESOLVED, that the hour of 8.30 P. M. having arrived, the
City Clerk is directed to open and read all sealed bids received on
the construction of a dog pound
The City Clerk thereupon opened and read all bids received as follows•
General Contractor Base Bid
R. D. Boschma Co. $18,900 00
Wolfe Construction Co $16,050.00
Orr Brothers $16,570 00
Architectural
Trades Wolfe Construction Co $13,475.00
Killfoile Wendeln $15,400 00
Mechanical
Trades John M. Campbell $ 1,565 00
Electrical Merrion Electric $ 810.00
Hubbs & Gilles $ 892 70
By Councilman Edgar, seconded by Councilman Taylor and unanimously
adopted as follows, it was:
#309 RESOLVED, that the foregoing bids be referred to the
architects, Gould & Moss and to the Department of Public Works for
their recommendations and report
Councilman Grimm thereupon gave an oral report on the Municipal Waste
Committee.
The City Clerk read to the Council a communication from Gould & Moss,
Architects, dated November 26, 1952, pertaining to the proposed agreement between
said architects and the City of Livonia. By Councilman Taylor, seconded by
Councilman Grimm and adopted as follows, it was:
#310 RESOLVED, that the City of Livonia enter into a contract
with Nathaniel 0. Gould and Thomas W. Moss, architects, bearing date
of November 25, 1952, on the standard form of agreement between owner
and architect, as prepared by the American Institute of Architects,
wherein said architects, for a fee of eight percent, agree to prepare
the plans and specifications and supervise the construction of an addition
to the Police Department building; and that the Mayor and City Clerk are
hereby authorized to affix their signatures to said agreement on behalf of
the City of Livonia
Page 963
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe
NAYS. None
Ordinance No. 62 entitled, "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 Sub-
division" was taken from the table and a roll call vote was conducted thereon with
the following result:
AYES• Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe
NAYS: None
President Wolfe declared the foregoing ordinance adopted and the same will become
effective on the date of publication, December 26, 1952
By Councilman Edgar, seconded by Councilman Whitehead and unanimously
adopted as follows, it was.
ILE #311 RESOLVED, that the communication from the Livonia Township
School District dated November 26, 1952, pertaining to the construction
of sewers in Section 24 is hereby referred to the Committee of the Whole
The City Clerk read a communication dated December 3, 1952, from the Chief
Inspector concerning the establishment of a mileage rate for the plumbing and
electrical inspectors
By Councilman Carey, seconded by Councilman Taylor and unanimously adopted
as follows, it was:
#312 RESOLVED, that the City Clerk request the Bureau of
Inspection to keep an accurate record of all actual mileage of
inspectors for the next 60 day period and to report the results
of such record to the Council for its further consideration.
The report of the Justice Court and the Violations Bureau for the month
of November, 1952, was read and placed on file
By Councilman Grimm, seconded by Councilman Taylor and unanimously adopted
7 as follows, it was.
page 964
#313 RESOLVED, that Petition No 2 of James Thom, et al,
be referred to the City Planning Commission for the holding of
a public hearing thereon and the making of its report and
recommendations according to law
Br Councilman Taylor, seconded by Councilman Grimm and adopted as follows,
it was
#314 RESOLVED that, pursuant to the recommendations of the
City Engineer dated December 3, 1952, his Estimate No 5 on the
contract with the Boam Company (Contract No. 4), for water main,
construction is hereby approved, that payment of the balance due
on such estimate in the amount of $20,909 73 is hereby authorized
and that a reserve of $2,000.00 be retained by the City pending
proper restoration of streets and the satisfaction of all claims.
A roll call vote was taken on the foregoing resolution with the following result:
AYES. Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe.
NAYS. None
The City Attorney, William Brashear, made a report concerning Light Weight
Aggregate Corporation and the petition heretofore filed to stop the noise being
Ile caused by such company. Mr. Brashear stated that the Police Department had contacted
many of the signers of said petition and had been unable to find anyone who would
sign a complaint under oath that they heard the noise subsequent to November 14, 1952,
the day the Zoning Ordinance became effective. He stated that further investigation
revealed that because of the new Zoning Ordinance and the penalties contained therein,
the Light Weight Aggregate Corporation had discontinued operations and that he had
received from the attorneys for the Light Weight Aggregate Corporation a letter dated
December 3, 1952, and reading as follows-
"Our attention has been called to an article appearing in the Livonian,
issue of November 28 pertaining to the operation of the above plant.
For your information, the plant is presently closed down and the
following improvements are being made to reduce all objections to a
minimum•
1 The sintering is being lengthened 22 feet
2 3 Apron Conveyors are being eliminated
3. Dust control system is being installed.
4 The Burning Fan is being silenced in accordance with
the recommendation of Dr Gordon C Harrold of the
Industrial Health, Hygeine and Safety Service Company
of 6432 Cass Avenue, Detroit.
Page 965
"We are advised that the foregoing improvements will practically
eliminate all objectional noise and dust. The plant will be closed
down until March or April
"Will you kindly furnish the writer, as scon as they are available,
forms for application to continue the operations of the plant under
the non-conforming use portion of the Zoning Ordinance "
The City Attorney next reported to the Council concerning the Kaszeta &
Sons contract and the chancery suit brought against the City of Livonia by Kaszeta &
Sons and Michigan Surety Company Mr Brashear read to the Council a letter from
Ballard, Jennings, Bishop & Fraser, attorneys for Michigan Surety Company, dated
December 3, 1952, pertaining to a proposed settlement of all matters involved in
the Kaszeta contract. He also read a proposed resolution covering a settlement of
the Kaszeta contract, which resolution was approved by the City Engineer.
By Councilman Grimm, seconded by Councilman Taylor and adopted as follows,
it was:
#315 RESOLVED, that in consideration of the promises of Michigan
Surety Company as contained in its letter of December 3, 1952, addressed
to the City Attorney, and on the conditions hereinafter stated, the
resolution adopted by the City Council at its regular meeting held on
November 24, 1952, declaring that the contract between the City of Livonia
and the contractors, Kaszeta and Sons, dated February 12, 1952, had been
breached and directing the Department of Public Works to take over and
complete such contract, is hereby rescinded, that Estimate No 8 of the
City Engineer, certifying for payment on such contract the sum of $20,000 00,
is hereby approved and such payment is hereby authorized in the manner
hereinafter stated; provided, however, that this resolution shall not be
effective except on the following conditions.
(1) Said sum of $20,000 00 together with the sum of $8,000 00
of the amount previously certified under Estimate No 7, shall
be paid in the following manner• the amount presently owing
Lytell and Colegrove Company for pipe and materials furnished
on said contract shall be paid in full from said sums and the
balance remaining of said sums shall be paid to Michigan Surety
Company;
(2) The balance due on Estimate No 7 and all other sums due
or to become due on said contract shall remain subject to all
valid and existing liens, levies, garnishment proceedings, claims
and rights, to the full extent authorized by law;
(3) Michigan Surety Company shall indemnify and save harmless
the City of Livonia from any and all damages, loss or injury
resulting from this resolution or any action authorized herein;
and
Page 966
(4) Said contractor and said Michigan Surety Company shall
approve this resolution and shall cause the suit heretofore
commenced by them against the City of Livonia, in the Circuit
Court for the County of Wayne, Chancery No 497-261, to be
forthwith dismissed.
A roll call vote was taken on the foregoing resolution with the following result:
AYES. Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe
NAYS. None
The City Attorney next read to the Council a letter from Miller, Canfield,
Paddock & Stone dated December 3, 1952, pertaining to the request of Ford Motor
Company for a revision of sewage disposal rates under Ordinance No. 26; and this
letter was referred to the Committee of the Whole with the consent of all members
present
On request of Councilman Grimm, there was removed from the table communication
from Liquor Control Commission dated May 27, 1952, pertaining to the possible up-
grading of two wine and beer licenses By Councilman Taylor, seconded by Councilman
110 Whitehead and unanimously adopted as follows, it was
#316 RESOLVED, that the City Council does hereby approve the
transfer of the following tavern licenses:
Arthur Collins, 33601 Plymouth Road, Livonia, Michigan
(mailing address: Plymouth)
Carl Haray, 34115 Plymouth Road, Livonia, Michigan
(mailing address: Plymouth)
to Class C licenses; that said transfers are recommended over all other
transfers, and that the City Clerk forward a certified copy of this
resolution to the Liquor Control Commission.
By Councilman Taylor, seconded by Councilman Grimm and adopted as follows,
it was:
#317 RESOLVED, that commencing December 1, 1952, and until the
further action of the Council the compensation of the City Clerk is
hereby fixed in the amount of $5200 00 a year
A roll call vote was taken on the foregoing resolution with the following result:
AYES• Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe.
NAYS. None
Page 967
By Councilman Edgar, seconded by Councilman Carey and adopted as follows,
it was.
IL #318 RESOLVED, that commencing December 1, 1952, and until the further
action of the Council, the compensation of the Chairman of the Election
Commission is hereby fixed in the amount of $1,000 00 a year, and the
compensation for the remaining members of such commission is hereby fixed
at $100.00 each per year
A roll call vote was taken on the foregoing resolution with the following result.
AYES• Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe
NAYS. None.
By Councilman Grimm, seconded by Councilman Carey and adopted as follows,
it was.
#319 RESOLVED that, pursuant to the recommendation of the architects,
Gould & Moss, and the Department of Public Works, the following bids for
the construction of a new dog pound are hereby accepted.
Wolfe Construction Company, architectural trades, $13,475 00
John M Campbell, Inc , mechanical trades, $ 1,565.00
Merrion Electric Company, electrical trades, $ 810.00
1L0and that the Mayor and City Clerk are hereby authorized to affix their
signatures on contracts on behalf of the City of Livonia, pursuant to the
foregoing bids.
A roll call vote was taken on the foregoing resolution with the following result.
AYES. Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe
NAYS. None.
By Councilman Edgar, seconded by Councilman Taylor and adopted as follows,
it was:
#320 RESOLVED, that the amount of $850.00 is hereby appropriated
from the Capital Improvement Fund to the Police Department for use in
the construction of the dog pound.
A roll call vote was taken on the foregoing resolution with the following result
AYES. Grimm, Carey, Bower, Edgar, Whitehead, Taylor and Wolfe
NAYS. None.
Page 968
On motion of Councilman Taylor, seconded by Councilman Grimm and
unanimously passed, the meeting was adjourned at 10:15 p m , December 8, 1952
1111
i-
'.... / /
/ ,
Mar'e W. lark, City Clerk
Attested.
I 4 itt„
Har— . Wolf-( President