HomeMy WebLinkAboutCOUNCIL MINUTES 1956-04-16 Page 2276
MINUTE OF THE ONE HUNDRED SIXTY-SIXTH REGULAR FETING
OF THE COUNCIL OF THL CITY OF LIVONIA
On April 16, 1)56, the above meeting was held at 33001 Five mile Road,
Livonia, Michigan, and was called to order at approximately 8:10 P. M., by the
President of the Council, Austin T. Grant. Councilman Bagnall delivered the
invocation. Roll was called with the following result: Present-- Austin T. Grant,
Rudolf A. Kleinert, Sydney B. Bagnall, Frank O'Neill, David L. Jones, Peter A.
Ventura and John T. Daugherty. Absent-- None.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
#210-56 RESOLVED that, the minutes of the 165th regular meeting of the
City Council held April 9, 1956, are approved as submitted.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Bagnall, O'Neill, Ventura, Daugherty and Grant.
NAYS: Jones.
The President declared the resolution adopted.
Mayor William W.Brashear orally presented to the City Council recommendations
as to the policy of this administration.
The City Clerk, Marie W.Clark, read a letter dated April 9, 1956, from the
Mayor, appointing 4illiam N. Ponder as City Attorney, which letter was received and
placed on file.
The City Clerk read a letter dated April 12, 1956 from the City Assessor,
accompanied by a bill from the Wayne County Board of Auditors in the amount of
$2,948.00.
By Councilman Jones, seconded by Councilman O'Neill and unanimously
adopted, it was
#211-56 RESOLVED that, the request of the City Assessor dated April
12, 1956 is hereby referred to the Finance Committee for report and re-
commendation to the Council.
By Councilman Dagnall, seconded by Councilman Jones, it was
Page 2277
#212-56 RESOLVED that, pursuant to Section 1, Chapter II, Section 1
Chapter IV and Section 10 of Chapter V of the Charter of the City of
Livonia and on recommendation of the Mayor, the Council does hereby
create and establish the following offices:
(a) An office of Assistant Director of Public Safety who
shall also be known as Police Commissioner; and
(b) An office of Assistant Director of Public Safety who
shall be known as Fire Commissioner;
that the Police Department shall be under the management and control of
the Police Commissioner, subject to the supervision and direction of the
Director of Public Safety; that the Fire Department shall be under the
management and control of the Fire Commissioner subject to the super-
vision and direction of the Director of Public Safety; and that the
annual salary of each of said assistant directors shall be Twelve Hundred
(01200.00) Dollars, payable monthly.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Bagnall, O'Neill, Jones, Ventura, Daugherty and Grant.
NAYS: None.
Councilman Kleinert, seconded lo„- Councilman O'Neill and unanimously
adopted, i7-14s
#213-56 RESOLVED that, pursuant to Section 1, Chapter II, Section 11,
Chapter IV and Section 10 of Chapter V of the Charter of the City of
Livonia and on recommendation of the Mayor, the following functions of
the Department of Parks and Recreation: the maintenance and operation
of all of the equipment, machinery and tools of such department, together
with the supervision of all personnel of such department engaged in the
maintenance and operation of such equipment, machinery and tools, are
hereby transferred from the Department of Parks and Recreation to the
Department of Public Works; provided, however, that, except as herein
stated, the Department of Parks and Recreation shall continue to be
administered by the Parks and Recreation Commission in accordance with
the provisions set forth in the Charter.
By Councilman Jones, seconded by Councilman O'Neill, it was
#2111-56 RESOLVED that, the compensation of the Director of Public Works
is hereby fixed and established in the amount of $6,600.00 per annum,
payable monthly.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Bagnall, O'Neill, Jones, Ventura, Daugherty and Grant.
NAYS: None.
Page 2278
Councilman Daugherty introduced the following Ordinance:
NO.
AN ORDINANCE TO AMEND SECTION 1 AND 3 OF
ORDINANCE NO. 5 OF THE CITY OF LIVONIA,
ENTITLED 'IAN ORDINANCE CREATING A BUREAU
OF INSPECTION AND DEFINING ITS POWERS
AND DUTIES."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 1 and Section 3 of Ordinance No. 5 of the City of
Livonia, entitled "An Ordinance Creating a Bureau of Inspection and Defining Its
Powers and Duties" is hereby amended to read as follows:
Section 1. The Bureau of Inspection is hereby transferred
to and made a part of the Department of Public Works.
Section 3. The Bureau of Inspection shall be under the
management and control of a Chief Inspector who shall be appointed
by the Director of Public Works and who shall be the appointing
authority for such bureau. The Chief Inspector and all other per-
sonnel of such bureau shall be subject to Civil Service and part
of the Classified Service.
Section 2. 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 3. In the event any portions of this ordinance are held invalid
for any reason, then the holding shall not affect the remaining portion of this
ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council, April 23, 1956.
Councilman Daugherty was excused at 9:01 P. M.
The City Clerk, Marie W. Clark, read a letter dated April 16, 1956 from
the City Engineer regarding water line for Schulgren, Kirsh and Joy-Ann Subdivisions.
Councilman Daugherty returned at 9:06 P. M.
By Councilman O'Neill, seconded by Councilman Ventura and unanimously
adopted, it was
#215-56 RESOLVED that, the recommendation of the City Engineer dated
April 16, 1956 regarding a twelve inch water line on Joy Road from Wayne
Road West, is hereby tabled until the meeting of April 30, 1956.
Page 2279
Councilman Kleinert introduced the following Ordinance:
NO.
AN ORDINANCE VACATING PORTIONS OF
CERTAIN STREETS, ALLEY, AND PU3LIC
GROUND.
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Plannihg Commission
dated February 23, 1956 on Petitions numbered V-10 and V-12 for vacating portions
of certain street,alley and public ground, is hereby accepted and adopted; and the
Council does hereby approve all proceedings on said petition, it appearing that
public hearings were duly held on May 17, 1955, June 21, 1955 and February 21, 1956
as provided by law and that proper notices of such hearings were given.
Section 2. Pursuant to Ordinance No. 29 of the City of Livonia entitled,
"An Ordinance Providing the Procedure for Vacating of Streets, Alley and Public
Ground" as amended by Ordinance No. 50, the following portions of certain street,
alley and public ground are hereby vacated:
(a) That certain alley described in said Petitions No. V-10
and V-12, being more properly described as that portion of the 20 foot
public alley presently situated immediately South of Seven Mile Road
between Bainbridge and Hillcrest, in Beverly Gardens Subdivision in
the Northwest 1/4 of Section 11, except those portions extending West
from Hillcrest the length of Lot 344, and Jest from Sunset the length
of Lot 128; provided, however, that there be and hereby is reserved
an easement the full width of the present alley for public utilities.
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 affectirg the validity of the remain-
ing portion of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the L;ouncil, April 23, 1956.
Councilman Jones introduced the following Ordinance:
NO.
AN ORDINANCE ANEALING aECTIONS 17, 32 AND 35
OF THE ZONING MAt OF THE CITY OF LIVONIA, AND
MENDING ARTICLE 3.00 OF THE ZONING ORDINANCE,
ORDINANCE NO. 60, OF THE CITY OF LIVONIA, BY
ADDING THERETO SECTIONS 3.86, 3.87, 3.88, 3.89
AND 3.90
Page 2280
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission
dated March 8, 1956 on Petitions No. Z-134a, 138a as amended, and No. Z-149 as amended,
and March 23, 1956 on Petitions No. Z-150 and No. Z-154, having been considered lqy the
Council, the Council hereby adopts said Petitions to amend the Zoning Ordinance and the
Zoning Map of the City of Livonia; and P11 proceedings heretofore conducted on said
Petitions are hereby approved.
Section 2. Article 3.00 of the toning Ordinance, Ordinance No. 60 of the
City of Livonia, is hereby amended by add.ng thereto the following sections:
Section 3.86. Petition No. Z-134a of Ernest P. LaJoie, et al,
is hereby granted; the zoning classification of the premises described in
said Petition is hereby changed from R-U-F-B to C-2 and R-1-A as requested
in said Petition; and the Northeast 1/4 of Section 32 of said Zoning Map
is hereby amended to conform to the change made in this section.
Section 3.87. Petition No. Z-138a as amended, of Fred and Celia
Schmidt, et al, is hereby granted; the zoning classification of the pre-
mises described in said petition is hereby changed from R-U-F-B to C-2
and R-1-A as requested in said Petitions; and the Northeast 1/4 of Section
32 of said Zoning Map is hereby amended to conform to the change made in
this section.
Section 3.88. Petition No. Z-149, as amended, of Harry Slatkin
Builders, et al, is hereby granted; the zoning classification of the pre-
mises described in said Petition is hereby changed from R-U-F-B to C-2
and R-1-A asrequested in said Petition; and the Northeast 1/4 of Section
32 of said Zoning Map is hereby amended to conform to the change made in
this section.
Section 3.89. Petition No. Z-150, as amended, of Harry M.
Kirsh, President, K & M Land Company, is hereby granted; the zoning
classification of the premises described in said Petition is hereby
changed from AG-B to C-2 and R-1-A as requested in said Petition; and
the South 1/2 of Se ction 17 of said Zoning Map is hereby amended to
conform to the change made in this section.
Section 3.90. Petition No. L-154, as ammded„ of Marjorie
Ferry and Margaret S. and Peter W. Decker, is hereby granted; the zon..
ing classification of the premises described in said Petition is hereby
changed from R-TJ-F-B to R-1-A as requested in said Petition; and the
West 1/4 of Section 35 of said Zoning Map is hereby amended to conform
to the change made in this section.
Section 3. The attached map designated "Amendment No. 23 of the Zoning
Map of the City of Livonia" showing all of the amendments and changes made in the
foregoing Section 2 of this ordinance, is hereby approved, established and made a
part hereof.
Section 4. All ordinances or parts of ordinances in conflict herewith
are hereby repealed only to the extent necessary to ,,;ive this ordinance full force
and effect.
Page 2281
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 portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council, April 23, 1956.
The City Clerk, Marie W. Clark, read a letter dated April 9, 1956, from
the City Engineer regarding request of H. W. Curtner to place a sewer on Hubbell Avenue.
By Councilman Daugherty, seconded by Councilman Bagnall and unanimously
adopted, it was
#216-56 RESOLVED that, the request of H. W. Curtner, 30905 Plymouth Road,
to place a sewer on Hubbell Avenue from Plymouth Road 1300 feet South, be
tabled pending a further report from the City Engineer as to the position
of the Wayne County Road Commission on this petition.
A recess was called at 9:32 P. M., after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting.
By Councilman Kleinert, seconded by bouncilman Daugherty, it was
#217-56 RE JOLVED that
WHEREAS, it appears that Mr. George Gannage was eliminated in
the Primary election by reason of an unqualified candidate having filed,
NCI!, THEREFORE, BE IT RESOLVED that the amount of $50.00, which
is equivalent to the filing fee paid by Nr. George Gannage, be refunded to
him; and the City Clerk and City Treasurer are hereby authorized 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: Kleinert, Bagnall, O1Neill, Daugherty and Grant.
NAYS : Jones and Ventura.
The President declared the resolution adopted.
By Councilman O'Neill, seconded by Councilman Kleinert, it was
#218-56 RESOLVED that, pursuant to Section 6 of Chapter VII of the City
Charter, there is hereby transferred from the Salary Account of the Supers
intendent of Parks and Recreation to the Salary Account of the Director of
Public Works the sum of $5,173.60; that there is hereby transferred from
the Unallocated Fund of the City budget the sum of $1,060.00 to the Depart-
Page 2282
ment of Public Safety, with the sum of 4750.00 to be allocated to the
Salary Account of the Fire Commissioner and with the sum of 4310.00 to
be allocated to the Salary Account of the Police Commissioner.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Bagnall, O'Neill, Jones, Ventura, Daugherty and Grant.
NAYS: None.
Marie W. Clark, City Clerk, read a letter dated April 12, 1956 from the
City Engineer recommending a bond for improvements in Rosedale Gardens Subdivision
#16 in the amount of : 225$000.00.
By Councilman Kleinert, seconded by Councilman Bagnall, it was
#219-56 RESOLVED that, Shel den Land Company, 32121 iaymouth Road,
Livonia, Michigan, as proprietors, having requested the City Council
to approve the proposed plat of the following Subdivision: Rosedale
Gardens Subdivision #16, located on the Southeast corner of Vermont and
I,Toodring Avenues, East of Farmington ia)ad in the southwest 1/4 of Section
34; and it apiearing that tentative approval of said proposed plat was
given by the City Planning Conr„ission under date of March 20, 1956; and
it further appearing that said proposed plat, together with the plans and
specifications for Improvements therein, have been approved by the Depart-
ment of Public Works under date of April 12, 1;66; the City Coundil does
hereby approve said proposed plat on the following conditions:
(1) All of such improvements shall be installed in conformance
with the Plat °rdinance (No. 44) as amended, of the City of
Livonia, and the 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
improvements shall not be considered as having been satisfactorily
installed until there is filed with the Council a Certificate as
provided in Section 14 of said Ordinance No. )44 as anended;
(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:
Two Hundred Twenty-Five Thousand Dollars - - (4225,000.00) - -
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
Page 2203
the provisions of said Plat Ordinance, as amended, the City
Clerk is herek authorized to affix her signature to said Plat
as evidence of this approval.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Bagnall, O'Neill„*Jones, Ventura, Daugherty and Grant.
NAYS: None.
*Councilman Jones abstained from voting which, under Ordinance No. 27, Section 19,
is recorded as a yes vote.
The President declared the resolution adopted.
By Councilman O'Neill, seconded oy Councilman Daugherty and unanimously
adopted, it was
#220-56 REJOLVED that, consideration of approval of bond for improvements
on Kirsh and Schulgren Subdivisions be tabled to the meeting of April 30,
1956.
The City Clerk, Marie W. Clark, read a letter from Mrs. Opal Nutt, Coventry
Gardens School Committee, and recommendation of the City Engineer dated April 6, 1956.
By Councilman Ventura, seconded by Councilman Kleinert and unanimously
adopted, it was
#221-56 RESOLVED that, the reLtuest of Coventry Gardens School Committee
dated February 11, 1956, for the opening of liayburn Avenue between South-
ampton and Ashurst for a new school outlet is hereby referred to the City
Planning Commission for report and recommendation.
By Councilman Jones, seconded by Councilman O'Neill, it was
#222-56 RESOLVED that, requisitions #4369 and #4370 from the Police De-
partment are hereby referred to the Finance Committee for report and re-
commendabion, pursuant to resolution #599-55, adopted by the Council
November 28, 1955.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Bagnall, O'Neill, Jones, Ventura, Daugherty and Grant.
NAYS: None.
The City Clerk read letters dated April 11, 1956 from the Department of
Public Korks to the Mayor regarding maintenance costs of certain equipment.
Page 2284
By Councilman Kleinert, seconded by Councilman Daugherty, it was
#223-56 RESOLVED that, the requests of the Superintendent of 1-"Ublic Works
for repair oi Galion road Grader and Austin Western Model 88 Grader are
approved, and the amount of $3,711.18 is hereby transferred from the Un-
allocated Fund to the proper maintenance account for the payment of these
invoices; and the City Clerk and City Treasurer are authorized to do all
things necessary to the fall performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Bagnall„ O'Neill, Jones, Ventura, Daugherty and Grant.
NAYS: None.
The City Clerk Marie W. Clark, read a letter dated April 10, 1956 from
the Clarenceville Public Schools requesting street lighting.
By Councilman Ventura, seconded by Councilman Jones and unanimously
adopted, it was
#224-56 RESOLVED that, the request of Clarenceville Public Schools dated
April 10, 1956 for a survey for street lighting be granted and that this
matter is hereby referred to the Detroit Edison Company and the Director
of Public \liorks for investigation and report.
The City Laerk read a letter from Clarenceville Public Schools requesting
sidewalks.
By Councilman Daugherty, seconded by Councilman Ventura and unanimously
adopted, it was
#225-56 RESOLVED that, the request of Clarenceville Public Schools dated
April 10, 1956, is hereby referred to the City Engineer for recommendation
on approximate cost of construction of sidewalks so that the Council may
establish a hearing on the necessity.
The City Clerk read the request of Clarenceville Public Schools for refund
of sewer service rates.
By Councilman Kleinert, seconded by C ouncilman jagnall, it was
#226-56 RESOLVED that, the request of Clarenceville Public Schools
dated April 12,, 1956 regarding refund of sewer service rates is hereby
referred to the Water Department for study and corrected figures.
By Councilman Daugherty, seconded by Councilman O'Neill, it was
#226-56a RESOLVED that, the foregoing resolution be amended to inquest
the Mayor to submit a recommendation on the petition of Clarenceville
Public Schools for refund of sewer service rates.
Page 2285
A roll call vote was taken on the amendment to resolution #226-56, with the follow-
ing result:
AYES: Bagnall, O'Neill, Jones, Ventura, Daugherty and Grant.
NAYS: Kleinert,.
The President declared the amendnent adopted.
A roll call vote was taken on resolution #226-56, as amaaded:
#226-56 RESOLVED that, the request of Clarenceville Public Schools
dated April 12, 1956 regardin7refund of sewer service rates is hereby
referred to the Water Department for study and corrected figures; and
the Mayor is requested to submit a recommendation on the petition of
Clarenceville Public Schouls for refund of sewer service rates.
with the following result:
AYES: Kleinert, Bagnall, O'Neill, Jones, Ventura, Daugherty and Grant.
NAYS: None.
The President declared the resolution, as mnended„ adopted.
By Councilman Daugherty, seconded by Councilman laeinert„ it was
#227-56 RESOLVED that, the sum of B50.59 is hereby appropriated from the
Unallocated Fund to Election Commission Account for payment of legal ser-
vices of Miller, Canfield, Paddock and Stone in connection with purchase
of voting machines; and the City Clerk and City Treasurer are authorized
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: Kleinert, Bagnall, O'Neill, Jones, Ventura, Daugherty and Grant.
NAYS: None.
The City Clerk, Marie 04'. Clark, read a letter from the Rosedale Gardens
Civic Association regarding condition of streets.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#228-56 RESOLVED that, the City Engineer is hereby instructed to make
a survey of the street situation in Rosedale Gardens Subdivision and
furnish a recommendation to the Council within the next two weeks.
The City Clerk read the report of the Justice Court and Violations Bureau
Page 2286
for the month of March, 1956, which was received and placed on file.
By Councilman Bagnall, seconded by Councilman Jones and unanimously
adopted, it was
#229-56 Rt„JOLV,D that, the following items remaining on the agenda
be tabled to the next regular meeting April 23, 1956:
Recommendation of the City ilanning Commission re: Proposed Additional
Fire Station Sites;
Recommendation of the City Planning Commission re: Yard Requirements
for C-2 uses in N-i districts; and
Report of the City Planning Commission re: Proposed RU zoning districts;
and that this meeting is hereby adjourned.
The President declared the 166th regular meeting of the City Council duly
adjourned at 11:21 P.M., April lb, 1956.
•Mage W. Clark, City Clerk