HomeMy WebLinkAboutCOUNCIL MINUTES 1952-02-25 Page 681
MINUTES OF THE SIXTY-THIRD REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
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On February 25, 1952, above meeting was held at 33211 W. Seven Mile Road,
Livonia, Michigan, and was called to order at approximately 8:01 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, Nettie Carey,
Harvey Jahn, William Taylor and John Whitehead Absent-- None.
The minutes of the Sixty-Second Regular Meeting of the Council held
February 18, 1952, were read and approved.
The following committee reports were given:
By Councilman Edgar on behalf of the Insurance Committee.
By Councilman Jahn on behalf of the Taxi Cab Committee
By Councilman Carey on behalf of the Dog Pond Committee.
Allen V. Hooper appeared before the Council and requested information
as to commencing a taxi cab business in Livonia. By Councilman Edgar, seconded by
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Councilman Whitehead and unanimously adopted as follows, it was:
q f9 7 RESOLVED, that the request of Allen V. Hooper be referred
to the Taxi Cab Committee
Mr. Edward Cunningham appeared before the Council with a request for
permission to collect rubbish With the consent of all present, this matter
was referred to the Committee on Municipal Waste
By Councilman Jahn, seconded by Councilman Taylor and unanimously adopted
as follows, it was:
f71 RESOLVED that, pursuant to the request of Justice of the
Peace dated February 15, 1952, the sum of $500.00 is appropriated from
the unallocated fund to the Justice Court for Capital Outlay.
The result of the roll call vote on the foregoing resolution was as follows:
AYES: Grimm, Edgar, Whitehead, Carey, Jahn, Taylor & Wolfe.
NAYS: None
Page 682
By Councilman Edgar, seconded by Councilman Whitehead and unanimously
adopted as follows, it was•
i 9 9 RESOLVED that, on request of Dallas Hay, Director of Civilian
Defense, dated February 16, 1952, the sum of $500 00 is appropriated
from the unallocated fund to the Office of Civilian Defense for Capital
Outlay.
The result of the roll call vote on the foregoing resolution was as follows•
AYES. Grimm, Edgar, Whitehead, Carey, Jahn, Taylor & Wolfe.
NAYS: None.
Robert L Greene and certain other residents of Greenbrier Estates
appeared before the Council and discussed the drainage problems in their neighbor-
hood By Councilman Taylor, seconded by Councilman Jahn and unanimously adopted
as follows, it was:
A 901° RESOLVED, that the President appoint a committee to consider
the drainage conditions in Greenbrier Estates.
President Wolfe thereupon appointed to the last mentioned committee,
Councilmen Taylor, Grimm and Edgar.
A recess was called at 9:28 P. M. and the meeting resumed approximately
15 minutes thereafter with all members of the Council present.
Robert Richart appeared before the Council and discussed the possible
expansion of his Livonia-Redford Transportation business With the consent of
all present, he was requested by President Wolfe to return on March 10, 1952.
Mr Harold Hoppe discussed with the Council the Smith Drain With the
consent of all present, Mr Hoppe was asked to return on March 10, 1952, and the
City Clerk was asked to invite the Drain Commissioner to be present at such time
at the hour of 8:00 P. M.
By Councilman Taylor, seconded by Councilman Jahn and unanimously adopted
as follows, it was:
9a/ RESOLVED, that the sum of $352.20 be appropriated from the
unallocated fund for the payment of 1951 taxes due on property owned by
the City of Livonia in Grennada Park Subdivision No 1, otherwise known
as the Civic Center property
Page 683
The result of the roll call vote on the foregoing resolution was as follows:
AYES• Grimm, Edgar, Whitehead, Carey, Jahn, Taylor & Wolfe
NAYS: None
By Councilman Jahn, seconded by Councilman Grimm and unanimously adopted
as follows, it was.
902- RESOLVED, that all matters pertaining to Ordinance No. 43,
including sale of bonds and the payment of a 3% fee for standby bids,
be placed on the table until March 3, 1952.
By Councilman Jahn, seconded by Councilman Carey and unanimously adopted
as follows, it was:
,q 945 RESOLVED, that the City of Livonia enter into a contract
to place a Coca-Cola machine in the Court Building at 33211 W. Seven
Mile Road at a monthly rental of $2 00 and a charge per bottle of 6¢,
on the conditon that such machine is self sustaining and will not
result in any expense to the City.
The result of the roll call vote on the foregoing resolution was as follows.
AYES: Grimm, Edgar, Whitehead, Carey, Jahn, Taylor & Wolfe.
NAYS: None
The following report of the Finance Committee covering vouchers approved
for payment for the month of January 1952, was received and placed on file:
General, Administrative and Legislative
Legislative 397 35
City Clerk 169.72
Treasurer 59.90
Executive
Department of Law
Justice 561.60
Election Commission 9,893 77
Civil Service
City Planning 237.35
City Hall Expense 1,552 51
Department of Assessment
6ivil Defense 176.52 $ 13,048.72
Department of Public Safety
Police 1,989.05
lbw Fire 1,234.63
Inspection 1,056 78 $ 4,280.46
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Department of Public Works $ 17,986.17
Department of Parks and Recreation $ 389 24
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Total: $ 35,704.59
General Ledger Accounts
Sewage Disposal #2 34.69
Withholding tax 1,820 30
Inventory Accounts 871.28
Sewer District No. 2 116.00
Water Service Bond 116,10
Insurance 210 52 $ 3,168 89
TOTAL $ 38,873 48
By Councilman Whitehead, seconded by Councilman Carey and unanimously
adopted as follows, it was:
I?-94 RESOLVED, that the public hearing on proposed Special
Assessment District No 4 ( Melody Manor Street Lighting Project)
be adjourned to March 24, 1952.
By Councilman Taylor, seconded by Councilman Carey and unanimously adopted
as follows, it was.
9dS RESOLVED, that consideration and action on letter dated
February 25, 1952, from City Engineer containing Abstract of Bids on
Contract No. 1 of the Water Supply System of the City of Livonia,
together with his recommendation thereon, be placed on the table until
March 3, 1952.
By Councilman Jahn, seconded by Councilman Taylor and unanimously adopted
as follows, it was:
- 90' RESOLVED, that the sum of $4,600.00 be and hereby is appropriated
from the unallocated fund to the Department of Public Works for improve-
ments and payment of contracts for plumbing and heating installed in the
Court Building at 33211 W. Seven Mile Road.
The result of the roll call vote taken on the foregoing resolution was as follows:
AYES: Grimm, Edgar, Whitehead, Carey, Jahn, Taylor & Wolfe.
NAYS: None
By Councilman Grimm, seconded by Councilman Jahn and unanimously adopted
as follows, it was-
Page 685
947 RESOLVED that, notice having been received from Citizens'
Mutual Automobile Insurance Company under date of February 20, 1952,
advising of cancellation of insurance on the taxi cabs of Elmer E.
Austin d/b/a Austin Taxi Service, for non-payment of premium, the
Council does hereby cancel the taxi cab permit of said Elmer E Austin
By Councilman Jahn, seconded by Councilman Carey and unanimously adopted
as follows, it was.
A Ira RESOLVED, that the City Attorney write a letter to the Livonia
Business and Professional Men's Association pertaining to Heating Code
Ordinance.
Councilman Carey introduced the following Ordinance:
NO
AN ORDINANCE VACATING A CERTAIN
PORTION OF CATHEDRAL STREET
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendations of the City Planning Commission,
dated February 16, 1952, on Petition No. 26a, for vacating of a certain portion of
Cathedral Street, are hereby accepted and adopted; and the Council does hereby approve
all proceedings on said petition, it appearing that a public hearing thereon was duly
held on February 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,
"An Ordinance Providing the Procedure for Vacating of Streets, Alleys and Public
Ground", that portion of Cathedral Street commencing at the West boundary of
Middlebelt Road and continuing West to the East boundary of Henry Ruff Road is hereby
vacated; provided, however, and on the express condition that there be and hereby is
reserved in the Northerly six (6) feet of the lands now occupied by the above described
portion of Cathedral Street 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, firms or 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.
Title to the vacated portion of Cathedral Street, subject to the said easement, is
hereby vested in the owners of the parcels of land situated immediately South and
adjacent to such vacated portion of Cathedral Street.
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.
Page 686
The foregoing ordinance was placed on the table for consideration at the
16 next regular meeting of the Council.
Councilman Jahn introduced the following ordinance.
NO !S,F
AN ORDINANCE VACATING CERTAIN STREETS AND ALLEYS
WITHIN GRENNADA PARK SUBDIVISION NO. 1.
THE CITY OF LIVONIA ORDAINS.
Section 1. The report and recommendations of the City Plarriing Commission,
dated February 16, 1952, on Petition No 49 for vacating certain streets and alleys
within Grennada Park Subdivision No. 1, are hereby accepted and adopted; and the
Council does hereby approve all proceedings on said petition, it appearing that a
public hearing thereon was duly held on February 13, 1952, as provided by law and
that proper notice of such hearing was given.
Section 2. Pursuant to Ordinance No 29 entitled, "An Ordinance Providing
the Procedure for Vacating of Streets, Alleys and Public Ground", all of the streets
and alleys situated within Grennada Park Subdivision No. 1, being a subdivision of
part of the Northwest 1/4 of Section 22, Town 1 South, Range 9 East, Township and
City of Livonia, Wayne County, Michigan, except
(a) Five Mile Road;
(b) Farmington Road,
(c) that portion of Shadyside commencing at the South boundary of
Five Mile Road and running South for a distance of 385.78 feet;
(d) that portion of Westmore commencing at the South boundary of
Five Mile Road and running South for a distance of 300 feet;
(e) Brookfield Avenue; and
(f) Hubbard Road,
are hereby vacated.
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 consideration at the
next regular meeting of the Council.
Councilman Taylor introduced the following ordinance:
was
Page 687
NO `f Q
AN ORDINANCE TO AMEND A PORTION OF SECTION 12 OF THE
ZONING MAP OF THE CITY OF LIVONIA OF ORDINANCE NO. 7
ENTITLED, "AN ORDINANCE TO ESTABLISH DISTRICTS IN THE
CITY OF LIVONIA; TO REGULATE THE USE OF LAND AND
STRUCTURES THEREIN; TO REGULATE AND LIMIT THE HEIGHT,
THE AREA, THE BULK AND LOCATION OF BUILDINGS; TO REGULATE
AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND
THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES;
TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS AND
OTHER OPEN SPACES; TO REGULATE THE DENSITY OF POPULATION;
TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS
ORDINANCE; TO PROVIDE FOR A BOARD OF APPEALS, AND ITS
POWERS AND DUTIES; TO PROVIDE A PENALTY FOR THE VIOLATION
OF THE TERMS THEREOF; AND TO ADOPT THE ZONING ORDINANCE OF
THE TOWNSHIP OF LIVONIA, AMENDMENTS THERETO AND ZONING
MAP", AND SECTION 3(A), OF SAID ZONING ORDINANCE NO 7
THE CITY OF LIVONIA ORDAINS:
Section 1. The following definitions are hereby adopted:
(a) Zoning Ordinance, as hereinafter used in this ordinance is
defined as Ordinance No. 7 of the City of Livonia entitled, "An Ordinance
to Establish Districts in the City of Livonia; to Regulate the Use of
Land and Structures Therein, to Regulate and Limit the Height, the Area,
the Bulk and Location of Buildings; to Regulate and Restrict the Location
of Trades and Industries and the Location of Buildings Designed for Specific
Uses; to Regulate and Determine the Area of Yards, Courts and Other Open
Spaces; to Regulate the Density of Population; to Provide for the Admin-
istration and Enforcement of this Ordinance; to Provide for a Board of
Appeals, and its Powers and Duties, to Provide a Penalty for the Violation
of the Terms Thereof; and to Adopt the Zoning Ordinance of the Township of
Livonia, Amendments Thereto and Zoning Map", as amended.
(b) The term Zoning Map, as used in this ordinance, is hereby defined
to mean the Zoning Map adopted in Section 3 of said Zoning Ordinance.
(c) The term Petition or Petitions, as used in this ordinance, is defined
to mean petitions to amend said Zoning Ordinance filed with the Council and
referred to the City Planning Commission for report and recommendations
Section 2 The report and recommendations of the City Planning Commission,
dated February 16, 1952, on Petition No. 47 to amend said Zoning Ordinance are hereby
accepted and adopted
Section 3. A portion of Section 12 of the Zoning Map of the City of Livonia,
of said Zoning Ordinance, amended, and Section 3(A) of said Zoning Ordinance, are
hereby amended as follows:
(a) Petition No. 47 is granted and the zoning classification of
the premises described therein are hereby changed to C-2, on the
s... condition that the owners of said premises shall observe and comply
with the building line setback and road right-of-way as provided in
Page 688
the Master Thoroughfare Plan (Part I of the Master Plan) of the City
of Livonia, that utility easements within such right-of-way shall be
granted by the owners when needed or requested by the L'ity or
utility companies and that the owners shall establish and maintain,
in a healthy, growing condition according to regulations of the
Department of Parks and Recreation, a green belt of not less than
r"" eight (8) feet in width along and immediately within such boundaries
of the above described premises as may be adjacent to residential
property.
(b) The classification and district changes made by granting Petition
No. 47, to the extent above indicated, are hereby included in Section
3(A) of said Zoning Ordinance, as amended.
(c) That portion of Section 12 of said Zoning Map, which includes
premises described in said Petition No. 47, is hereby amended to
conform to the change made in the foregoing paragraph (a) of this
Section; and the attached amended Zoning Map No. 6 showing such
change and amendment is hereby approved and made a part hereof.
Section 4. All proceedings on said Petition No. 47 are hereby approved, a
public hearing thereon having been duly held as provided by law and proper notice of
such hearing, including full description of the premises described in said petition,
having been duly published
Section 5 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 6 Should any portion of this ordinance be held invalid for any
'arm reason, such holding shall not be construed as affecting the validity of any of the
remaining portion of this ordinance.
The foregoing ordinance was placed on the table for consideration at the
next regular meeting of the Council.
Councilman Whitehead introduced the following ordinance:
NO -S`eo
AN ORDINANCE AMENDING SECTIONS 27 AND 29 OF
ORDINANCE NO 31, ENTITLED "AN ORDINANCE TO
PROVIDE FOR THE MAKING OF PUBLIC IMPROVEMENTS,
DEFRAYING THE EXPENSE THEREOF BY SPECIAL
ASSESSMENT AND A SPECIAL ASSESSMENT PROCEDURE",
TOGETHER WITH ALL SPECIAL ASSESSMENT DISTRICTS
CREATED OR BEING CREATED PURSUANT TO THE PRO-
VISIONS OF SAID ORDINANCE NO. 31, INCLUDING ALL
PROCEEDINGS PERTAINING TO SUCH DISTRICTS.
THE CITY OF LIVONIA ORDAINS:
Page 689
Section 1. The provisions of Ordinance No. 31, entitled "An Ordinance
to Provide for the Making of Public Improvements, Defraying the Expense Thereof by
Special Assessment and a Special Assessment Procedure", hereafter referred to in
this ordinance as Ordinance No 31, have been found unworkable as to certain kinds
of improvements including street lighting. The purpose of this ordinance is to so
um. amend such provisions of Ordinance No 31 as to facilitate the establishment of
special assessment districts for street lighting and similar serviced. "'This ordinance
shall be liberally construed in such manner as to best effectuate its purpose
Section 2. Section 27 and 29 of Ordinance No. 31 are hereby amended to
read as follows:
Section 27 No special assessment district shall be created by the
Council for any one public improvement which includes property having an
area in excess of twenty-five percent (25%) of the total area of the City
No public improvement project shall be divided geographically for the
purpose of circumventing this provision No public improvement to be
financed in whole or in part by special assessment shall be made before the
confirmation of the special assessment roll for such improvement.
Section 29. All improvements consisting of the construction,
installation, maintenance and operation of systems, facilities and equip-
ment for street lighting or other similar services, shall be accomplished
pursuant to the provisions of this ordinance, except and provided, however,
that, where such construction or installation is performed by the Detroit
Edison Company or some other public utility company and the cost thereof is
not charged to the City or the users of the service, then, in such case -
(a) the report and recommendations of the City `ngineer, which
ilo" may be required under Section 6 of this ordinance, shall omit all
information as to cost of construction and shall include all other
information required by said Section 6 together with such schedules
of existing rates and service charges as may be submitted to the City
by the Detroit Edison Company or other public utility; and the Council,
in acting on such report pursuant to Section 9 of this ordinance shall
consider only such matters as are required by this sub-section (a),
(b) neither the whole or any part of such cost of construction
shall be assessed against any property within the proposed special
assessment district;
(c) the regular, approved rates for such service, as charged to
the City, less the amount thereof constituting a general obligation
of the City, shall be annually assessed upon the property especially
benefitted, as provided in Sections 9, 10 and 14 of this ordinance;
(d) prior to maturity, no interest shall be charged on assessments
made pursuant to sub-paragraph (b) of this section, but thereafter
interest and collection fees shall be charged as provided in Sections
9 and 20 of this ordinance;
(e) the provisions of Section 16 of this ordinance limiting
annual installments to 15, and the provisions of Section 18 and all
"". other sections of this ordinance which are inconsistent with or
contrary to the intent of this section, are hereby made and declared
to be inapplicable to all assessments made under this section; and
Page 690
(f) the Department of Public Works is hereby authorized to adopt
reasonable rules and regulations governing the administration of this
section
Section 3 All special assessment districts created, or in process of being
ILs created, pursuant to the provisions of Ordinance No. 31, as of the effective date of
this ordinance, are hereby amended to conform with the provisions of this ordinance
The City Clerk shall, within 20 days following such date, mail a printed copy of this
ordinance to each property owner within said districts, in the manner provided in
Section 7 of Ordinance No. 31.
Section 4. 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 5. 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
remaining portion of this ordinance
Section 6 This ordinance is hereby declared to be an emergency ordinance
necessary to the public health and welfare and shall be given effect immediately on
publication
The foregoing ordinance was placed on the table for future consideration
ILE By Councilman Taylor, seconded by Councilman Grimm and unanimously adopted
as follows, it was:
RESOLVED, that this 63rd regular meeting of the Council
be adjourned to Monday, March 3, 1952, at 8:30 P.M.
Pursuant to the foregoing resolution, the meeting was adjourned at
11:50 P.M , February 25, 1952
Mfi W Clark, City Clerk
Attested
HarryS Wolfe resident