HomeMy WebLinkAboutCOUNCIL MINUTES 1955-07-11 Page 1941
MINUTES OF THE ONE HUNDRED FORTY-SIXTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On July 11, 1955, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:05 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.
The City Clerk, Marie W. Clark, read the minutes of the 145th regular
meeting held June 27, 1955, the 29th and 30th Special Meetings held June 30 and
July 1, 1955.
By Councilman Carey, seconded by Councilman Kleinert and unanimously
adopted, it was
#346-55 RESOLVED, that the minutes of the 145th regular meeting of
the City Council held June 27, 1955, are approved as read.
By Councilman Killam, seconded by Councilman Whitehead and unanimously
adopted, it was
#347-55 RESOLVED, that the minutes of the 29th Special Meeting of
the City Council held June 30, 1955, are approved as read.
By Councilman Kleinert, seconded by Councilman Jones and unanimously
adopted, it was
#348-55 RESOLVED that the minutes of the 30th Special Meeting of
the City Council hold July 1, 1955, are approved as read.
The City Clerk read a letter dated July 7, 1955 from the Mayor vetoing
resolution #334-55, adopted by the Council Jun e 27, 1955. Action on the veto
was withheld until the adjourned session of this meeting, July 18, 1955.
The City Clerk read a letter dated June 23, 1955 from the Superintendent
of Public Schools to the City Plaming Commission relative to change of school site
in Section 31, which letter was received and placed on file.
Page 1942
President Daugherty read the following report to the Council and stated
that it shall become a matter of record in the minutes of this meeting:
"I am submitting a complete report concerning incidents leading
to the resignation of the former City Attorney, Mr. Russell Ashmore.
"Information was submitted early in June, 1955, to me regarding
an incident of intimidation of a City employee by Mr. Ashmore. The in-
formation seemed sufficiently authentic as to demand further investigation.
I then requested a written report from Commissioner Steiner of any official
reports relating to such activities by Mr. Ashmore. A seven page police
report was submitted to me by Commissioner Steiner dated June 27, 1955.
The report indicated that a copy had also been sent to Mayor Hartom.
"The report contained an official statement relating to inter-
ference by Mr. Ashmore in the prosecution of a morals case in the Justice
Court. It also contained a full report and statements to confirm existence
of intimidation by Mr. Ashmore. The basic content of the report is as
follows: Mr. Ashmore, during employees working hours, approached a City
employee. Using a pretense of an "official investigation," he ordered her
to meet him that evening regarding the investigation. The girl, a minor,
reported that Ashmore kept her in his car from approximately 10:00 P. M.,
until approximately 3:30 A. M., the following morning. The statement
charged Ashmore with asking obscene, lewd, personal questions of her,
Low threatening her with bodily violence and frightening her with threats
of a "frame-up".
"This report and statement by the employee was made in the presence
of Mayor Hartom and police authorities on May 11, 1955, exactly two (2)
months ago.
"I confronted Mayor Hartom with the report on Thursday, June 30,
1955. Up until that date there nad been no action by Mayor Harto0 concern-
ing Mr. Ashmore. I was convinced by the discussion that Mayor Hartom did
not intend to take any action, so I informed him that I intended to carry
the case as far as possible to prevent recurrence.
"I submitted the report to the Wayne County Prosecutor's office
as soon as possible, Tuesday, July 5, 1955. Mr. Ashmore's resignation was
announced the next day, July 6, 1955.
"A report from the Wayne County Prosecutor's office (attached)
was received by me on July 8, 1955. It contains the positive statement
that actions of the type reported would unquestionably form the basis for
removal from office. The report recommends that to protect further injury
to the City employee, the complainant not proceed with prosecution.
"I concur with the recommendation of the Prosecutor's office.
However, I feel that the failure of Mayor Hartom to take positive action
on this matter, until forced to, is even more serious than the actions
of Mr. Ashmore. Employees of our City are entitled to protection against
coercion by an irresponsible City official. For a Mayor to cover up and
protect such a City official is to completely disregard his responsibility.
Yet even since the date of this incident, the Mayor has defended Mr. Ash-
more, when justifiable criticism was leveled at him by Council members.
Page 1943
"Lack of service to the City Council, wild unproven charges
against City officials, the "Hooded Witness" notoriety, the "murdered
jockey" fantasy, violation of the City Charter and Ordinances -- these
were the reasons for Council criticism; the reasons for Council to take
action as they did. Then this last incident and still Mayor Hartom re-
tained Mr. Ashmore and insisted on paying him over $1,000.00 per month.
"It is ironic that Mayor Hartom fired William Remaley as Water
Commissioner for "lack of cooperation" and "poor judgment" and yet would
condone the sordid actions of Mr. Ashmore.
"The feeble excuse of "difficulty in finding a replacement" for
the City Attorney has been refuted by Mayor Hartom's own actions and
selection of a replacement. The sane lawyers were available in Livonia
last November. The Council had even hired Mr. Haller as their special
legal counsel, despite the Mayor's veto. At this time, I wish to state
emphatically that this is no criticism of Mr. Haller for the office of
City Attorney. I have had and still have the highest respect for him
and consider him well qualified for the office.
"This report will serve, I believe to point out the critical
need for changes in our City Charter to prevent a possible recurrence of
this same type of situation. It should clarify beyond a doubt, as to
Mayor Hartom's position, when choosing between "pride" or "responsibility".
It should clarify once and for all, the wisdom and justification of the
City Council in taking action to prevent this situation over a year ago,
despite the criticism and constant defense of Mr. Ashmore by a local paper.
"Mayor Hartom could have corrected the situation over a year ago,
but would not. Now he must accept full responsibility for every action of
the now gone, but not forgotten, Mr. Russell Ashmore.
"The report from the Prosecutor's office is attached, for in-
formation of the Council."
The City Clerk, Marie W. Clark, read a letter dated July 8, 1955 from the
Wayne County Prosecuting Attorney, addressed to John T. Daugherty, President of the
Council, relative to the subject matter in Mr. Daugherty's report; which letter was
received and placed on file.
By Councilman Edgar, seconded by Councilman Kleinert and unanimously
adopted, it was
#349-55 RESOLVED that
WHEREAS, it has been publicly announced that Russell C.
Ashmore no longer is employed as the City Attorney, and
WHEREAS, during his tenure of office he made and caused to
have published charges of gross irregularities in the previous ad-
ministration, and
Page 1944
WHEREAS, he specifically stated on April 14, 1954, that he had
in his possession four affidavits to support his charges and later stated
that he had evidence of gross irregularities in the monies paid for labor
and materials in the construction of the Livonia City Hall, and
WHEREAS, he repeatedly stated that he would furnish all the
evidence at "the proper time", and
WHEREAS, Mayor Hartom steadfastly supported and condoned the
actions of Mr. Ashmore,
NOW, THEREFORE, BE IT RESOLVED that Mayor Hartom be charged with
responsibility of producing the aforementioned affidavits and all other
papers and evidence of irregularities in the previous administration, and
BE IT FURTHER RESOLVED that Mayor Hartom also be instructed to
obtain all other papers and reports of investigations, purportedly being
conducted by Mr. Ashmore, and present them to the Council of the City of
Livonia, pursuant to Resolution No. 1018, Mich was adopted by the City
Council on April 14, 1954, authorizing such investigations.
The City Clerk read a letter dated June 30, 1955 from the Mayor relative
to his appointment to the Water Board. Councilman Kleinert moved that this appoint-
ment be approved, i hi ch motion was lost for lack of support.
imm
The City Clerk read a letter dated July 7, 1955 from the Mayor appoint-
ing Herbert Nelson to the Water Board.
By Councilman Jones, seconded by Councilman Kleinert, it was
RESOLVED, that the appointment of Herbert Nelson, 37654 Margareta
to the Board of Water Commissioners for a term of three years, expiring
July 6, 1P58, is hereby approved.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Kleinert and Daugherty.
NAYS: Killam, Whitehead, Carey and Edgar,
The President declared the resolution denied.
The City Clerk read a letter dated July 5, 1955 from the Mayor regarding
appointment of Fred Lotz to the City Planning Commission.
President Daugherty relinquished the chair to Vice President Kleinert at
8:54 P. M.
imm
By Councilman Jones, seconded by Councilman Daugherty and unanimously
Page 1945
adopted, it was
#350-55 RESOLVED, that the appointment of Fred Lotz, 18942 Irving Street,
to the City Planning Commission for a term of three years, expiring June 9,
1958, to replace Rufino Salinas, whose term expired June 9, 1955, is here-
by approved.
President Daugherty resumed the chair at 8:55 P. M.
The City Clerk read a letter dated July 6, 1955 from the Mayor appointing
Edwin Presnell to the City Planning Commission.
By Councilman Killam, seconded by Councilman Jones, it was
RESOLVED, that the appointment of Edwin Presnell, 20856 N. Clements
Circle, to the City Planning Commission for a term of three years expiring
June 9, 1958, to replace Peter A.Ventura, whose term expired June 9, 1955,
is hereby approved.
A roll call vote was taken on the foregoing resolution with the following result :
AYES: Jones, Killam and Daugherty.
NAYS: Kleinert, Whitehead, Carey and Edgar.
The President declared the resolution denied.
A communication dated July 5, 1955 from the Mayor regarding the appoint-
ment of George Haller as City Attorney was received and placed on file.
President Daugherty gave a brief oral report of his meeting with the State
Labor Mediation Service.
By Councilman Jones, seconded by Councilman Kleinert and unanimously
adopted, it was
#351-55 RESOLVED, that the request of A. Z. and Bertha Root for refund
on sewer connection charge be tabled until the next regular meeting of
the Council.
The City Clerk read a letter dated June 24, 1955 from the Police Depart-
ment regarding appointment of Irene Sabaugh as special admin stratix of the estate
of George Romanuk, which letter was received and placed on file.
The City Clerk read a letter dated June 13, 1955 containing Council reso-
lution and letter dated June 27, 1955 from W. R. McCary, relative to dedication of
43 feet for highway purposes in Section 34.
Page 1946
By Councilman Kleinert, seconded by Councilman Carey and unanimously
adopted, it was
#352-55 RESOLVED, that the City of Livonia does hereby accept a Quit
Claim Deed executed by W. Warren Shelden and W. W. Bleakley on behalf
of the Sielden Land Company, for the following described parcel of land:
Beginning at the S. 1/4 corner of Section 34, Town 1
South, Range 9 East, City of Livonia, Wayne County,
Michigan, thence N. 1 deg. 08 min. 54 sec. E., 1240.16
feet along the North and South 1/4 line of Section 34,
which is the West line of Rosedale Meadows Subdivision
No. 2, thence N. 88 deg. 51 min. 06 sec. W., 43.00 feet;
thence S. 1 deg. 08 min. 54 sec. W., 1239.95 feet; thence
S. 88 deg. 34 min. 24 sec. E., 43.00 feet along the South
section line of Section 34 to the Point of Beginning, con-
taining 1.224 acres; for Highway and Public Purposes;
it being further provided that the owners of said Rosedale Meadows Sub-
division No. 2 are to complete the paving of the above described land;
and that this resolution will not become effective until it has been
accepted by the qualified agent of said owners; and upon such acceptance,
the City Clerk is hereby authorized to have such Quit Claim Deed recorded
in the office of the Wayne County Register of Deeds.
iim A recess was called at 9:25 P. M., after which the meeting resumed with all
members present who were named as present in the original roll call of this meeting.
The City Clerk read a letter dated July 6, 1955 from the Mayor regarding
appointment of Robert L. Miller to the City Planning Commission.
By Councilman Kleinert, seconded by Councilman Killam and unanimously
adopted, it was
#353-55 RESOLVED, that the appointment of Robert L. Miller, 31231
Grandon, to the City Planning Commission for a term of three years,
expiring June 9, 1958, to replace Edwin J. Conway whose term expired
June 9, 1955, is hereby approved.
By Councilman Carey, seconded by Councilman Whitehead and unanimously
adopted, it was
#354-55 RESOLVED, that the Council suspend the regular order of
business to take care of certain items on the agenda wherein in-
terested persons are waiting to be heard on those items.
The City Clerk read a letter dated June 16, 1955 from the City Planning
Commission as to Petition No. V-11 of Albert Nacker and letter dated June 9, 1955
from W. R. McCary.
Page 1947
By Councilman Carey, seconded by Councilman Whitehead and unanimously
adopted, it was
# #355-55 RESOLVED, that the report and recommendation of the City
Planning Commission dated June 16, 1955, as to Petition No. V-11 of
Albert Nacker, 19604 Farmington Road, to vacate an easement in Sunning-
dale Park Subdivision, Section 12, City of Livonia, is hereby approved
and the City Attorney is directed to prepare an ordinance consistent
with this resolution.
*Petition No. V-il is included in an Ordinance to be introduced at the adjourned
session of this meeting.
The City Clerk read a letter dated June 1, 19 55 fromFriedman, Meyers and
Keys, attorneys for Harry Slatkin Builders, Inc., regarding improvements in Country
Homes Subdivision No. 2 School and Park Site land. Mr. Donald Barris, Mr. William
Munger arri Mr. Irvin Hermanoff appeared before the Council on this matter.
By Councilman Kleinert, seconded by Councilman Carey and unanimously
adopted, it was
#356-55 RESOLVED, that the letters from Friedman, Meyers and Keys and
Herald Hamill regarding improvements in Country Homes Subdivision No. 2,
School and Park Site land be referred to the City Engineer for report at
the next regular meeting of the Council, July 25, 1955.
The City Clerk read a petition received June 21, 1955 from Harry Slatkin
Builders, Inc., protesting $300 sewer connection charge.
By Councilman Kleinert, seconded by Councilman Killam and unanimously
adopted, it was
#357-55 RESOLVED, that the petition of Harry Slatkin Builders, Inc.,
protesting sewer connection charge be tabled to a meeting of the Com-
mittee of the Whole.
The City Clerk read a letter dated July 1, 1955 from W. R. McCary as to
Rosedale Gardens Subdivision No. 15, and letter dated June 10, 1955 from Shelden
Land Company. Mr. Friedman and Mr. Garber of the Trojan Building Company, appeared
ifto before the Council in regard to this matter.
By Councilman Kleinert, seconded by Councilman Whitehe ad and unanimously
adopted, it was
Page 1948
#358-55 RESOLVED, that the petition for the paving of Farmington Road
from the Fire Station to Joy Road is hereby referred to the City Engineer
for preparation of plans and specifications.
By Councilman Jones, seconded by Councilman Kleinert and unanimously
adopted, it was
#359-55 RESOLVED that, Trojan Building Company, 19985 Whitcomb, Detroit
35, Michigan, as proprietors, having requested the City Council to approve
the proposed plat of the following Subdivision: Rosedale Gardens No. 15,
located on the East side of Farmington Road between Orangelawn and West
Chicago Road, in the Northwest 1/4 of Section 34, City of Livo rii a, and it
appearing that tentative approval of said proposed plat was given by the
City Planning Commission under date of May 10, 1955; and it further appear-
ing that said proposed plat has been approved by the Department of Public
Works under date of July 11, 1955; the City Council does hereby approve
said proposed plat on the following conditions:
(1) All of such improvements shall be installed in conformance
with the Plat Ordinance (No. 44) as amended, of the City of
Livonia, and the rules and regulatio ns of the Department of
Public Works, within a period of two years from the date of
this resolution;
(2) That the installation of such improvements shall be super-
vised and indpected by the Department of Public Works and such
improvements shall not be considered as having been satis-
factorily installed until there is filed with the Council a
Certificate as provided in Section 14 of said Ordinance No. 44,
as amended;
(3) That the City Clerk is not authorized to affix her signature
to said Plat until either said improvements have been satis-
factorily installed or, in lieu thereof, there is filed with
her by said proprietors a bond to the City of Livonia, in such
form as may be approved by the City Attorney, and in the follow-
ing amount: - - - - $2,000.00 - - - -
for sidewalks, under standard City specifications, and
approved by the City Engineer;
and until all inspection fees and other charges due to the City
of Livonia have been fully paid; and
(4) On full compliance with the above three conditions and with
the provisions of said Plat Ordinance, as amended, the City Clerk
is hereby authorized to affix her signature to said Plat as
evidence of this approval.
On request of his attorney, the petition of Vartan E. Vartanian was
withdrawn.
The City Clerk read a letter dated Joy 8, 1955 from the Department of
Public Works regarding the request of Charles Brown to purchase an easement.
Page 1949
By Councilman Edgar, seconded by Councilman Kleinert and unanimously
ibisadopted, it was
#360-55 RESOLVED, that the Council concur in the recommendation of the
City Engineer dated July 8, 1955, and the request of Charles Brown dated
June 3, 1955, to purchase an easement is hereby denied.
The City Clerk read a letter dated May 24, 1955 from Builders Associa-
tion of Metropolitan Detroit and letter dated Juhe 10, 1955 from the City Clerk to
Irvin H. Yackness, Vice President and Counsel of the Builders Association.
By Councilman Kleinert, seconded by Councilman Carey and unanimously
adopted, it was
#361-55 RESOLVED, that the request dated May 24, 1955 of Irvin Yackness
of the Builders Association of Metropolitan Detroit , be referred to the
Inspection Department for report and recommendation.
The City Clerk read a letter dated June 30, 1955 from the City Planning
Commission as to Petition No. Z-105 of Gilbert Straub and letters as contained in
the above report from the City Planning Commission.
By Councilman Edgar, seconded by Councilman Jones and unanimously
adopted, it was
#362-55 RESOLVED, that the report and recommendation of the City
Planning Commission dated June 30, 1955 as to Petition No. Z-105 of
Gilbert J. and Laura E. Straub for change of zoning classification
in the Southeast 1/4 of Section 20 from AGB to RUFA is approved and
the City Attorney is directed to prepare an amendment to Zoning Or-
dinance No. 60 in accordance with this resolution.
The City Clerk read a letter dated June 23, 1955 from the City Planning
Commission as to Petition No. Z-103.
By Councilman Edgar, seconded by Councilman Carey and unanimously
adopted, it was
#363-55 RESOLVED, that the report and recommendation of the City
Planning Commission dated June 23, 1955 as to Petition No. Z-103
of Franklin B. and Bonnie L. Hall for change of zoning classifica-
tion in the South 1/2 of Section 28 from R-1-B to C-1 is approved
and the City Attorney is directed to prepare an amerdnent to Zoning
Ordinance No. 60 in accordance with this resolution.
Page 1950
The City Clerk read letters dated June 16 and June 17, 1955 from the
Bookkeeper of the Water Department.
By Councilman Kleinert, seconded by Councilman Killam and unanimously
adopted, it was
#364-55 RESOLVED, that the Water Department of the City of Livonia is
hereby authorized to continue the present method of billing the Ford
Parts Depot and General Motors Fisher Body Division for Sewage Disposal,
pursuant to their contract, until December 1, 1955.
By Councilman Kleinert, seconded by Councilman Whitehead and unanimously
adopted, it was
#365-55 RESOLVED, that the Water Departnent of the City of Livonia is
hereby authorized to continue the present method of billing the Chevrolet
Spring and Bumper Plant for Sewage Disposal, pending further instructions
from the Council.
An Ordinance entitled "An Ordinance Amending Section 4.3.8 of Ordinance
No. 60, of the City of Livonia, entitled 'Zoning Ordinance of the City of Livonia',"
imm introduced by Councilman Kleinert on June 28, 1955, was taken from the table and a
roll call vote was conducted thereon with the following result:
AYES: Jones, Killam, Kleinert, Whitehead, Carey and Daugherty.
NAYS: Edgar.
The President declared the foregoing Ordinance duly adopted and would become effective
on date of publication, July 28, 1955.
By Councilman Edgar, seconded by Councilman Whitehead and unanimously
adopted, it was
#366-55 RESOLVED, that the City Attorney prepare an amendment to
Section 4.38, item 14, of the foregoing ordinance to read as follows:
USE
Bowling Alleys
REQUIRED PARKING SPACE
Three (3) parking spaces for each alley.
The City Clerk read the report of W. R. McCary as approved by him on July
7, 1955 on the condition of the Michigan Bell Telephone Building on Merriman Road,
south of Plymouth Road.
Page 1951
By Councilman Kleinert, seconded by Councilman Carey, it was
#367-55 RESOLVED that, the report of W. R.McCary, City t''ngineer as to
condition of Michigan Bell Building on Merriman Road is hereby accepted;
the offer to purchase the South 40.0 feet of the North 415.0 feet of the
West 173.0 feet of the Northwest 1/4 of Section 35 and the building con-
tained thereon located at 11400 Merriman Road in the amount of $16,500.00
from the Michigan Bell Telephone Company is hereby approved; the sum of
$16,500.00 is hereby appropriated from the Unallocated Fund to the
Acquisition of Land Account; the Mayor and City Clerk are hereby authorized
to sign the acceptance of offer to purchase on behalf of the City of Livonia
and to do all things necessary to negotiate such purchase; the sum of $500.00
as a deposit, as set forth in the offer prepared by Charles W. Allen, is
hereby approved; and the City Clerk and City Treasurer are likewise au-
thorized to do all things necessary to the full performance of this
resolution.
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 resolution adopted.
On motion of Councilman Kleinert, seconded by Councilman Whitehead and
iis unanimously adopted, this 146th regular meeting of the City Council was duly ad-
journed to Monday, July 18, 1955 at 8:00 P. M., the time of adjournment being
11:52 P. M., July 11, 1955.
1 -rie W. Clark, City Clerk
Attested:
444146 1411ohn . Daugherty, Preside' ►�f the Co icil
Rudolf . Kleinert, Vice President of the Council