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Home My WebLink AboutCOUNCIL MINUTES 1957-06-03 Page 2893 MINUTES OF THE TWO HUNDRED NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 3, 1957, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at 8:30 p.m., by the President of the Council. Councilman Kleinert delivered the invocation. Roll was called with the following re- sult: Present -- Austin T. Grant, Frank O'Neill, Sydney B. Bagnall, Rudolf R.Kleinert, Peter A. Ventura and John T. Daugherty. Absent -- David L. Jones. By Councilman Kleinert, seconded by Councilman Bagnall, it was: #405-57 RESOLVED that, the minutes of the 208 regular meeting of the Council of the City of Livonia held May 27, 1957, are hereby approved as submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Bagnall, O'Neill and Grant NAYS: Daugherty and Ventura. The President declared the resolution adopted. The City Attorney, Mr. William N. Ponder, discussed with the Council the pro- posed Taxicab Ordinance Amendment. The Chair was assumed at 8:42 p.m., by Vice Presi- dent of the Council, Mr. Frank O'Neill, in order to allad Councilman Grant to speak on this subject. Councilman Ventura read and introduced the following Emergency Ordinance: NO. 172 AN ORDINANCE AMENDING CHAPTER III OF ORDINANCE NO. 166 ENTITLED "AN ORDINANCE TO LICENSE AND REGULATE THE TAXICAB AND MOTOR VEHICT,E FOR HIRE BUSINESS; TO FIX FEES AND RATES; TO PROVIDE FOR LIABILITY IN- SURANCE; TO LICENSE DRIVERS; TO PROVIDE FOR TAXI FYTER INSPECTIONS, CONDUCT OF DRIVERS, DISPOSAL OF LOST PROPERTY, ADVERTISING AND RE- LATED MATTERS; AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THE TEM HEREOF." THE CITY OF LIVONIA ORDAINS: Section 1. Chapter III of Ordinance No. 166 of the City of Livonia entitled "An Or- dinance to License and Regulate the Taxicab and Motor Vehicle For Hire Business; to fix Fees and Rates; to Provide for Liability Insurance; to License Drivers; to Pro- vide for Taxi Meter Inspections, Conduct of Drivers, Disposal of Lost Property, Ad- vertising and Related Matters; and to Provide a Penalty for the Violation of the Terms Hereof, " is hereby amended by adding thereto Section 3.12 which reads as follows: Section 3.12 - Exemptions From License Requirement . Notwithstand- ing any of the preceding provisions of this ordinance, no taxicab shall be required to have a license or permit where (a) such taxi- cab has a license issued by another city or village, and (b) such taxicab enters the City of Livonia for the sole purpose of deliver- ing passengers who became such outside the City of Livonia, and Page 2894 (c) such taxicab, while on private property within the City of Livonia, takes on new passengers for delivery outside the City of Livonia. L• Section 2. All ordinances or parts of ordinances in conflict herewith are hereby re- pealed only to the extent necessary to give this ordinance full force and effect. Section 3. 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 portions of this ordinance. Section 4. This ordinance is hereby declared to be an emergency ordinance necessary to the protection of the public health, safety and welfare, and shall take effect im- mediately on publication. Councilman Ventura proceeded with a second reading of the above ordinance by title only. A roll call vote was taken thereon with the following result: AYES: Kleinert, Bagnall, Grant, Daugherty, Ventura and O'Neill. NAYS: None i Vice-President ONeill declared the Ordinance duly adopted and it will become effec- tive on date of publication, June 13, 1957. L President Grant reassumed the Chair. President Grant presented a letter prepared by the Legal Department at the re- quest of the Council regarding Carnival License Fee refund. Councilman Ventura pro- posed that the letter be signed by all members of the Council, instead of the President only. President Grant stated that it would be so carried out . Councilman Kleinert de- clined to have his signature on this letter. The Council was in agreement on the above settlement of this question. At the request of Councilman Ventura, the Clerk read by title, the following ordinance, which ordinance was introduced by Councilman Ventura on May 27, 1957. NO. 173 AN ORDINANCE TO PROVIDE FOR THE REMOVAL, STORAGE AND DISPOSITION OF ABANDONED AND UNCLAIMED AUTOMOBILES, BICYCT.FS OR OTHER PERSONAL PRO- PERTY AND PROVIDING ALSO FOR THE CONFISCATION AND DISPOSITION OF INHERENTLY DANGEROUS ARTICLES. A roll call vote was taken thereon, with the following result: AYES: Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant NAYS: None The President declared the ordinance adopted, and it will become effective on date of imii publication, June 13, 1957. City Clerk, Marie W. Clark read a letter dated May 29, 1957, to the City Council from Mr. W. R. McCary, City Engineer and Mr. Dave Meinzinger, Director of Page 2895 Public Works regarding Livonia Sewer Project - Zone 3. By Councilman Daugherty, seconded by Councilman Ventura, it was: #406-57 RESOLVED that, the acceptance of the Livonia Sewer Project - Zone #3 be tabled until such tine as the contractor had made satis- factory clean-up in accordance with the contractual provisions and satisfactory to the Livonia Department of Public Works. A roll call vote was taken with the following result : AYES: Bagnall , O'Neill, Daugherty, Ventura and Grant NAYS: Kleinert The President declared the resolution adopted. Marie W. Clark, City Clerk read a letter dated May 27, 1957, to the City Coun- cil from Mr. W. R. McCary, City Engineer and Dave Meinzinger, Director of Public Works, regarding Livonia Sewer Project - Zone 5, Sanitary sewers in the areas, Brentwood N. of 7 Mile Rd., Bretton West of Parkville, St. Martins W. of Parkville and in the ease- ment N. of 7 Mile running W. from Weyher and then N. on Parkville. By Councilman Ventura, seconded by Ccuncilman Daugherty and unanimously adopted: RESOLVED that, the acceptance of the Livonia Sewer Project - Zone 5 be tabled until such tine as the contractor had made satisfactory clean-up in accordance with the contractual provisions and satis- factory to the Livonia Department of Public Works . A roll call vote was taken with the following result : AYES: Daugherty and Ventura NAYS: Kleinert, Bagnall, O'Neill and Grant The President declared the resolution defeated. By Councilman Bagnall, seconded by Councilman O'Neill, it was #407-57 RESOLVED that, the matter of the Livonia Sewer Project - Zone No. 5, be referred to sone later tine this evening until the infor- mation as requested from the Legal Department be submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, O'Neill, Daugherty and Ventura NAYS: Kleinert and Grant The President declared the resolution adopted. City Clerk, Marie W. Clark, read a letter dated May 29, 1957, to the Council from Mr. W. R. McCary, City Ilngineer and Mr. Dave Meinzinger, Director of Public Works, regarding Sanitary Sewers in Kirsh Subdivision. Councilman Ventura, seconded byCouncilman Daughertyand unanimously adopted, By it was: #408-57 RESOLVED that, after having considered the recommendation of Mr. W. R. McCary, City Engineer and Mr. Dave Meinzinger, Director of Public Works, in their letter of May 29, 1957, we accept the sanitary sewers in Kirsch Subdivision. Page 2896 A recess was called at 9:23 p.m., after which the meeting resumed at 9:35 p.m. with all members present who were named as present in the original roll call of this meeting, with the exception of Councilmen Daugherty and Bagnall. The Clerk read a letter dated May 23, 1957, to the Council from Dr. Oscar P. Rosbolt, Chairman of the Civil Service Commission, regarding establishment of classi- fication of Police Captain - $6,900.00 per annum. By Councilman Ventura, seconded by Councilman O'Neill and unanimously adopted, it was #409-57 RESOLVED that, the Council concur with the Civil Service Com- mission's recommendation, as presented in their letter of May 23, 1957. Councilman Bagnall arrived at 9:43 p.m. The City Clerk, Marie W. Clark, read a letter dated April 24, 1957, to the Council from Mr. Charles Pinto, Assistant City Attorney, regarding the proposed Ordin- ance Licensing Trucks. By Councilman Ventura, seconded by Councilman O'Neill and unanimously adopted, it was #410-57 RESOLVED that the matter of introducing the ordinance licen- sing trucks be referred to the next Committee of the Whole Meeting of the Council. Councilman Bagnall read and introduced the following Ordinance: AN ORDINANCE TO PROVIDE FOR THE APPOINTMENT AND DIRECTION OF SPECIAL PATROLMEN TO BE KNOWN AS "AUXILIARY POLICE" OFFICERS FOR EMERGENCY DUTY AND PROVIDING A PENALTY FOR THE VIOLATION OF ANY OF THE TERMS THEREOF. THE CITY OF LIVONIA ORDAINS: Section 1. The Director of Civil Defense is hereby authorized and directed to appoint patrolmen to be known as "Auxiliary Police" officers, in such numbers as he may deem necessary to perform police duties in time of disaster or extraordinary emergency un- der the direction of and in compliance with the orders of the Director of Civil Defense. Section 2. Such "Auxiliary Police" officers shall wear such badges, dress and in- signia as the Director of Civil Defense shall direct and shall be equipped in the man- ner which the Director deems necessary for the proper discharge of their duties. Section 3. The Director of Civil Defense shall promulgate rules relating to the pow- ers, duties, qualifications, appointment or removal of such "Auxiliary Police" offi- cers and said rules shall be applicable and controlling in all disputes arising here- under. Section 4. The Director of Civil Defense is hereby authorized to appoint instructors, supervisors and commanding officers to train, direct and supervise such "Auxiliary Police" officers. Section 5. "Auxiliary Police" officers shall be entitled to all rights and benefits provided under the provisions of Act 10 of the Public Acts of the First Extra Session Page 2897 of 1912 and the amendments thereto; provided, however, that said "Auxiliary Police" officers, in order to be entitled to the benefits of the Workman's Compensation Act of Michigan shall have been injured or killed while on duty and acting within the scope of their employment as "Auxiliary Police" officers. Section 6. The Director of Civil Defense shall, from time to time, request funds from the Council of the City of Livonia, if necessary, in his discretion, for the proper direction and operation of the "Auxiliary Police" officer program. Section 7. It shall be unlawful for any "Auxiliary Police" officer to exercise his authority as a patrolman or to wear the uniform or insignia or to display his badge in an attempt to exercise his authority, except during the performance of actual authorized auxiliary police duty as directed by the Director of Civil Defense. Section 8. It shall be unlawful for any "Auxiliary Police" officer to knowingly and willfully neglect or refuse to respond for assignment ar duty when called by the Dir- ector of Civil Defense. Section 9. Any violation of Section 7 and/or Section 8 of this ordinance by any "Auxiliary Police" officer shall be just cause for his suspension and discharge by the Director of Civil Defense, Section 10. It shall be unlawful for any person not duly appointed and sworn in as an "Auxiliary Police" officer to impersonate such officer or to wear, carry or dis- play the badge, designated dress, or insignia of such "Auxiliary Police" officer, and any violation of this section by any person or persons shall, upon conviction, sub- ject said person or persons to a fine of not to exceed Five Hundred Dollars ($500.00) and/or imprisonment for a period not to exceed ninety (90) days. Section 11. Repeal Ordinance No. 22 is hereby repealed as of the date that this or- dinance takes effect. All other ordinances or parts of ordinances in conflict here- with are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 12. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remain- ing portions of this ordinance. Marie W. Clark, City Clerk, read a letter dated May 6, 1957, to the Council from William R. Robinson, Chairman of the City Planning Commission, regarding Mobile Home Parks, By Councilman Bagnall, seconded by Councilman Daugherty, and unanimously adopted, it was: #01-57 RESOLVED that, the proposed ordinance regarding Mobile Home Parks be tabled until the next Committee of the Whole meet- ing of this Council. Councilman Daugherty was excused temporarily at 9:52 p.m. The City Clerk, Marie W. Clark presented Petition #V-20 and #V-21 to the Council for referral. Page 2898 By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #412,-57 RESOLVED that Petitions #V-20 and #V-21 be referred to the Planning Commission for recommendation and that they be directed to submit same to the Council. Mr. Daugherty returned at 9:58 p.m. Marie W. Clark read a letter dated May 27, 1957, to the Council from John E. Breen, Attorney, Board of Wayne County Road Commissioners, regarding the west 330 of the east 990 feet of the south 660 feet of the N.W. 1/4 of Sec. 36, T.1S., R. 9 E., City of Livonia, Wayne County, Michigan, excepting the south 43 feet thereof; Bureau of Taxation, Parcel 36, Clc. By Councilman Bagnall, seconded by Councilman O'Neill and unanimously adopted, it was #413-57 RESOLVED that the matter contained in the letter from the Board of Wayne County Road Commissioners, dated hay 27, 1957, re- lative to a piece of property in Section 36 be referred to the Department of Law for recommendation and report. Returning to Resolution #407-57, the matter of the Livonia Sewer Project - Zone 5: By Councilman Bagnall, seconded by Councilman Kleinert, it was #414-57 RESOLVED that, in view of the information presented by the Legal Department, the Livonia Sewer Project - Zone 5, Sanitary Sewers in the areas, Brentwood N. of 7 Mile Rd., Bretton West of Parkville, ut. Martins W. of Parkville and in the easement N. of 7 Mile running W. from Weyher and N. on Parkville, be accepted by the City in accordance with the recommendation made by the City Engineer and the Director of Public Works, dated May 27, 1957. A roll call vote was taken with the following result: AYES: Kleinert, Bagnall, O'Neill and Grant NAYS: Daugherty and Ventura The President declared the resolution adopted. Mr. Ventura requested that it be stated as a matter of record that his "no" vote was cast because he felt that the people who are serviced by the sewers in Zone 5 are entitled to the same consideration as the people in the area which is ser- viced by the sewers in Zone 3. Considerable discussion took place regarding the party at the Race Course on June 13, 1957, to be sponsored by the City of Livonia for the purpose of entertaining the Wayne County Board of Supervisors. By Councilman Kleinert, seconded by Councilman O'Neill, it was #415-57 RESOLVED that, the President of the Council be authorized to appoint a committee to make final arrangements for the reception Page 2899 of guests at the annual dinner to be held at the Wolverine Harness Raceway on June 13, 1957, sponsored by the City of Livonia for the purpose of entertaining the Wayne County Board of Supervisors. A roll call vote was taken with the following result: AYES: Kleinert, Bagnall, O'Neill and Grant NAYS: Daugherty and Ventura The President declared the resolution adopted. Council President Grant then appointed the following committee in accordance with the above resolution: Councilman Ventura, as Chairman, Councilmen Kleinert and Daugherty. Councilman Ventura declined the appointment. During the discussion, Mr. Bagnall stated he could not accept an appointment. President Grant than appoint- ed Councilman Ventura as Chairman of the Host Committee, and stated that, he, as President, would remain chairman of the Party Committee. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was: #416-57 RESOLVED that, the final arrangements for this affair of June 13, 1957 be discussed at the next Committee of the Whole Meeting to be held on Thursday, June 6, 1957. On motion of Councilman Bagnall, seconded by Councilman O'Neill and unanimously adopted, this 209th regular meeting of the Council of the City of Livonia was duly adjourned at 10:27 p.m., June 3, 1957. Mar' - . Clark, City Clerk