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HomeMy WebLinkAboutCOUNCIL MINUTES 1954-05-03 ADJOURNED Page 1466 MINUTES OF THE ADJOURNED ONE HUNDRED SEVENTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 3, 1954, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan and was called to order at approximately 8:04 P. M., by the President of the Council, John T, Daugherty Roll was called with the follow- ing result. Present -- John T Daugherty, David Jones, Harry Killam, Rudolf R Kleinert, John W. Whitehead, Nettie Carey and Wilson W. Edgar. Absent -- None. Councilman Kleinert offered the invocation The President stated that, since copies of the minutes of the 116th Regular Meeting of the Council held on April 12, 1954, the Adjourned 116th Regular Meeting of the Council held on April 14, 1954, and the 19th Special Meeting of the Council held on April 23, 1954, had been delivered to each member of the Council, the reading of the minutes by the City Clerk could be waived By Councilman Kleinert, seconded by Councilman Killam and unanimously adopted, it was #1446 RESOLVED, that the minutes of the 116th Regular Meeting held on April 12, 1954 and the Adjourned 116th Regular Meeting held on April 14, 1954 are hereby approved By Councilman Killam, seconded by Councilman Kleinert and unanimously adopted, it was #1447 RESOLVED, that the minutes of the 19th Special Meeting held on April 23, 1954 are hereby approved City Clerk, Marie W Clark, read a report from Mayor Hartom dated April 27, 1954 in which he recommended that consideration be given to a request received from the Department of Public Works for an appropriation in the amount of $14,835.00 for additional personnel for the various services rendered by the Department Superintendent Hultquist was called to explain and clarify the request Page 1467 By Councilman Whitehead, seconded by Councilman Carey and unanimously adopted, it was #1448 RESOLVED, that the amount of $14,835 00 be appropriated from the Unallocated Fund and deposited in the following accounts. DPW-1B Building Maintenance D 150 00 DPW-1M Street Repair & Maintenance 3,100 00 DPW-1S Service - Mechanics 1,400.00 DPW-2 Clerical 425 00 DPW-1M 5 additional laborers 9,500.00 Increase 2 laborers to light equipment operators 260.00 $ 14,835 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 A letter was read by the President of the Council from Louis Schmidt, Superintendent of Clarenceville Public Schools, regarding building permit fees Mayor Hartom was asked to present his recommendation to the Council By Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, it was #1449 RESOLVED that the letter from Harry C. Pratt, Attorney, dated April 30, 1954 and addressed to Mayor Elbert M Hartom, relative to the dismissal of Donald Wilson as Chief Inspector of the Inspection Bureau of the City of Livonia be received and placed on file pending further action of the Executive Department The City Clerk, Marie W. Clark, read a letter dated April 15, 1954 addressed to the Mayor and City Council from Mr J L. Wehmeyer, Engineer of Safety and Traffic, of the Board of Wayne County Road Commissioners, regarding completion of negotiations on speed limits, parking, etc.. By Councilman Edgar, seconded by Councilman Whitehead and unanimously adopted, it was #1450 RESOLVED, that this body concur with the thinking of the Mayor and meet jointly with the Livonia Traffic Commission, the Michigan State Highway Commission, and the Wayne County Road Commission to discuss problems concerning speed limits, parking, etc; it being understood that a complete survey of conditions would be presented at that time by the State Highway and Wayne County Road Commissions; and further, that the Mayor be requested to arrange such a meeting Page 1468 Mr. Gilbert J. Gilbert, representing the K L A Laboratories, 7422 Woodward Avenue, Detroit, appeared before the Council and presented that company's recommendations for installation of a loud speaker system for use in the Council Chambers and in the public space in the City Hall By Councilman Edgar, seconded by Councilman Jones, and unanimously adopted, it was #1451 RESOLVED, that the President of the Council appoint a committee to draw up specifications for a loud speaker system for use in the City Hall public space and Council chambers for study by the council members at a future meeting President Daugherty appointed Councilman Killam, chairman, and Council- man Whitehead, co-chairman, to serve in said committee. The President declared a ten minute recess at 9 35 P M , after which the meeting was resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Edgar, seconded by Councilman Carey and unanimously adopted, it was #1452 RESOLVED, that the request made by the Rev John E Contway, pastor of St Michael's Church, in a letter dated April 19, 1954 for installation of sidewalks along the south side of Plymouth Road between Fairfield and Hubbard Roads be referred to the Department of Public Works for a report and recommendation The City Clerk read a letter from Miller, Canfield, Paddock & Stone, of Detroit, Michigan, dated April 29, 1954 By Councilman Kleinert, seconded by Councilman Killam and unanimously adopted, it was #1453 RESOLVED, that the letter dated April 29, 1954 from Mr John H. Nunneley, of Miller, Canfield, Paddock & Stone, be tabled until the next regular meeting of the Council to be held on May 10, 1954; and that I•r Nunneley be invited to appear at said meeting at 9:00 P. M.. By Councilman Edgar, seconded by Councilman Jones and unanimously adopted, it was Page 1469 #1454 RESOLVED, that the letter dated April 29, 1954 from the Michigan Liquor Control Commission, by E. F. Maloney, Director of the License Division, together with the list of applicants attached thereto, be received and tabled for future study by the Committee of the Whole. By Councilman Edgar, seconded by Councilman Whitehead and unanimously adopted, it was #1455 RESOLVED, that the recommendations of the City Planning Commission dated May 3, 1954 are hereby approved, and that a permit is hereby granted to the Livonia Rotary Club to conduct a carnival and exposition on May 5th through ;lay 9, 1954 on the premises of the i•:iehigan Racing Association at iddlebelt and Schoolcraft Roads. City Clerk Marie W Clark read a letter from David F FitzGerald, attorney, dated April 27, 1954 regarding the suit of Jacoby vs City of Livonia Mr Fitzgerald appeared before the Council, and a lengthy discussion ensued. Councilman Edgar asked to read a letter written by William W. Brashear and addressed to Mr Edgar, and that such become a part of the minutes of this meeting. Such request was granted by the President of the Council, and is as follows: "While I fully realize that I am no longer able to speak as a public official, I would like to state to you my views as a private citizen on the pending case of Jacoby vs the City of Livonia, in the hope that these views may be transmitted to the other members of the Council to aid them in deter- mining whether or not the pending appeal to the Michigan Supreme Court should be carried to a conclusion "The cave men were our first rugged individualists. They took possession of and held their property by conquest and force And they used their property as they saw fit for their own purposes and without recognition of any rights in their neighbors "Organized society today, while generally sanctioning and protecting an individual's right to use his own property without restraint - as guaranteed by our own Constitution, nevertheless recognizes an exception handed down to us from Roman law, and translated thus, "So use your own as not to injure others" Our Supreme Court has accordingly held that an individual's right to use and enjoy his own property must always be subject to a reasonable exercise of the police power to protect the public health, safety and welfare "The power of a city to zone its territory into residential, commercial and industrial zones is clearly within the sphere of police power Clements ILO v McCabe, 210 Mich 207 The enabling authority giving a city the right to adopt and enforce a zoning ordinance is to be found in Act 207, Public Acts of Michigan of 1921, as amended, in which it is provided, "The legislative body of cities and villages may regulate and restrict the location of trades Page 1470 and industries and the location of buildings designed for specified uses and 110 for such purposes divide any city or village into districts of such number shape and area as may be deemed best suited to carry out the provisions of this section." "Por about 12 years the area now known as the City of Livonia, and formerly known as Livonia Township has been divided into zones or districts pursuant to existing zoning regulations During all of such time, a general plan was followed under which the area situated on both sides of the C & 0 Railway and between Sch oolcraft and Plymouth Roads was recognized as an industrial district "However, complications arose in Livonia as well as in other cities resulting from the building of homes within districts designated and estab- lished as industrial areas. All zoning ordinances prohibited factories from coming into residential districts, but very few ordinances prohibited residences from being erected in industrial districts. This problem was emphasized several years ago when an owner owning a home in an industrial area brought suit in the Wayne Circuit Court to restrain the issuance of a builder's permit to a factory across the street from his home The Court held that such a permit must be issued, regardless of the fact that the home owner had purchased his property without checking the zoning restrictions This problem was being considered by many authorities at the time Livonia's new zoning ordinance was being pre- pared In order to prevent such a situation from arising in the future, and on recognition of many zoning authorities, the City of Livonia in its present ordinance expressly prohibits the erection of a home within a manufacturing ILI district "The Jacobys own what is known as a "pencil" strip of land approximately 100 feet wide by 1300 feet deep, running east from Merriman Road between the C & 0 Railway and Plymouth Road. The first 300 feet of this "pencil" strip is zoned for residential use consistent with an established row of houses along the east side of Merriman Road. These existing homes are from 100 to 150 feet back from the road, and the 300 foot strip was created on the zoning map to protect the homes already situated on this street However, the Jacobys insisted on building their home, not within 300 feet of Merriman as was the case of other homes already built, but approximately 1000 feet east of Merriman Road, with the result that their home would be eventually surrounded by industry When the city refused to issue the permit, the Jacobys commenced their suit in the Wayne Circuit Court which resulted in that Court entering a decree that the permit must be issued Judge Weideman said that as long as the owners them- selves were satisfied, he mould not believe that the city should insist on protecting them against factories "The city took the position that it's not concerned so much with Mr and Mrs Jacoby alone as it is with the hundreds of Jacobys or other property owners similarly situated who hereafter may insist on building homes in in- dustrial areas and who may rely upon the precedent established by Judge Weideman's decision that the city ordinance was inconsistent with a previous decision of the township zoning board which gave them a right to raise and sell nursery products This contention is unsound because, while the township ordinance would require the consent of the zoning board, the right to raise and sell nursery products is expressly permitted by the provisions of the existing City Zoning Ordinance Page 1471 "Briefly, the city's position has been that: 110 1 Zoning regulations are necessary in order to protect public health, safety and welfare 2 The area along the railway track has been reasonably zoned as industrial 3 It is injurious to public health and welfare to mix factories and residences together 4. There is no real difference between allowing factories to be built in residential areas then it is to allow homes to be built in industrial districts, for the end result is a condition which is injurious to public health and welfare 5. The Jacobys can build their home within 300 feet of Merriman with- out any unjust or reasonable disadvantage, and it is reasonable for the city to prohibit them from building a home 1000 feet back from Merriman within an established industrial area. "The case that clearly covers this question is that of Pere Marquette Railway co. vs. Township Board, 298 Mich. 31, in which the Supreme Court held that, in an industrial district adjacent to a railway, the property was "extremely undesirable for single residence purposes" and "not suited for individual homes where children could enjoy good air and immunity from street and railroad hazards " The court further said "The parcel itself would be well adapted for residential use, being high, dry, level and sandy, with almost every modern convenience already established, were it not for its location In the last analysis we must consider whether the zoning of this particular triangle advances the public health, safety and general welfare of the people. That is the general purpose of a zoning law and uniformity for this purpose is encouraged " "My only purpose in writing this letter is to be sure that the Council clearly understands the reason why the city of Livonia has taken an appeal in the Jacoby case to the Michigan Supreme Court The reason for this appeal is to avoid the hazards and danger of "Spot Zoning" and to protect our entire city from a condition which would be injurious to public health and welfare. Our policy has been consistent with the principle that "the future belongs to those who plan for it"." By Councilman Jones, seconded by Councilman Kleinert, it was #1456 RESOLVED, that the City Attorney be instructed to discontinue the appeal of the case of Jacoby vs City of Livonia to the Michigan Supreme Court, and that the building permit sought by Mr. and Mrs. Jacoby be issued by the Inspection Bureau in accordance with the decree of Judge Carl I., Weideman, Circuit Court During the discussion which followed, President Daugherty relinquished the chair to Councilman Kleinert in order to speak on this matter By Councilman Edgar, seconded by Councilman Carey, it was #1457 RESOLVED, that the previous motion be tabled until a legal opinion is rendered by the City Attorney Page 1472 A roll call vote was taken on the foregoing resolution with the following result. AYES• Whitehead, Carey, and Edgar NAYS: Jones, Killam, Daugherty and Kleinert. A roll call vote was taken on Resolution No 1456 with the following result. AYES• Jones, Killam, Daugherty and Kleinert. NAYS: Whitehead, Carey and Edgar The President of the Council declared that the foregoing resolution was adopted. President Daugherty resumed the chair at 11 10 P M By Councilman Jones, seconded by Councilman Carey and unanimously adopted, it was #1458 RESOLVED, that, pursuant to a communication from the Liquor Control Commission dated January 21, 1954 and a recommendation from the Police Chief dated April 30, 1954, the City Council does hereby approve the request from John F Gohl for a transfer of ownership of the 1953 SDM license from George Godette, 29623 West Eight Mile Road, Livonia, Michigan By Councilman Edgar, seconded by Councilman Jones and unanimously adopted, it was #1459 RESOLVED, David Goldman, as proprietor, having requested the City Council to approve the proposed plat of the following Subdivision. Meri-Joy Subdivision, of part of the Southwest 1/4 of Section 35, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of November 17, 1953, and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Department of Public Works under date of April 24, 1954, 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 Flat Ordinance (No 44) of the City of Livonia and the IL0 rules and regulations 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 inspected by the Department of Public Works and such Page 1473 improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as i provided in Section 14, of said Ordinance No 44, (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily 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 following amount. One Hundred Thousand and no/100 (3100,000 00) Dollars 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, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval At 11 19 P M President Daugherty relinquished the chair to Councilman Kleinert and left the room By Councilman Carey, seconded by Councilman Jones, it was lio #1460 RESOLVED, that an appropriation be made from the Unallocated Fund to the Retirement Fund for the month of April, 1954, in the amount of $3,020 97 A roll call vote was taken on the foregoing resolution with the following result. AYES. Jones, Killam, Kleinert, Whitehead, Carey and Edgar NAYS None The City Clerk read the First Annual Valuation Report of the City of Livonia Employees Retirement System for the year ending November 30, 1953 The report was received and placed on file City Clerk Marie W. Clark read a letter from Mayor Elbert M Hartom recommending that a library committee be established in the Council to study present library services and make recommendations for the reduction, continuation or expansion of library service President Daugherty returned to the room at 11.23 P. M. 116 By Councilman Edgar, supported by Councilman Killam and unanimously adopted, it was ✓ VI ///-) Page 1474 #1461 RESOLVED, that the President of the Council be empowered to appoint a committee to meet with the Wayne County Library Group and to call on the School Advisory Committee as needed, to make a study j. and report to the Council on present library services and possibilities of expansion of a Library Program Councilman Daugherty resumed the chair. President Daugherty appointed Councilman Carey, chairman, and Councilmen Jones and Kleinert to serve on the Library Committee By Councilman Edgar, seconded by Councilman Carey and unanimously adopted, it was #1462 RESOLVED, that the City Clerk be authorized to advertise for bids for the trade-in of the 1952 Red Cross Station Wagon on a new station wagon for use of the Red Cross Motor Corps, Livonia Branch, in accordance with specifications to be furnished by the Corps By Councilman Jones, seconded by Councilman Killam and unanimously adopted, it was #1463 RESOLVED, that the report and recommendation of the City Planning Commission dated May 3, 1954 on Petition No V-3 of Rev John Davies, St Paul's Presbyterian Church, be approved, and that Resolution No 1044, adopted at the regular meeting of the Council on April 26, 1954, be amended in accordance with such recommendation, and the City Attorney is requested to pre- pare an Ordinance consistent with this amended resolution Councilman Kleinert, seconded by Councilman Carey, offered a resolution regarding a change in method of signing all and any checks for the City of Livonia By Councilman Edgar, seconded by Councilman Jones and unanimously adopted, it was #1464 RESOLVED, that the resolution introduced by Councilman Kleinert be tabled for consideration at the regular meeting of the Council to be held May 10, 1954 By Councilman Jones, seconded by Councilman Killam and unanimously adopted, this 117th Adjourned Regular Meeting of the Council was duly adjourned, the time of adjournment being approximately 11:45 P. M , May 3, 1954. Attested: /� /_! 1P110Ma5e W lark, City Clerk Mittofr Daughe , P sid:t of the 4.uncil k ✓ ( Rudolf Rleinert, Vice-Pres. of the Council