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HomeMy WebLinkAboutCOUNCIL MINUTES 1954-05-28 ADJOURNED Page 1490 MINUTES OF THE ADJOURNED ONE HUNDRED NINETEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 28, 1954, the above meeting was held at 33001 Five Mile Road, Livonia, Michig an, and was called to order at approximately 8:06 P M , by the President of the Council, John T. Daugherty. Councilman Kleinert offered the invocation. Roll was call ed with the following result: Present-- John T. Daugherty, David Jones, Harry Killam, Rudolf R Kleinert, John W. Whitehead and Nettie Carey Absent-- Wilson W Edgar The City Clerk, Marie W. Clark, read the Mayor's report and recommenda- tion on Harry Slatkin Country Hones Subdivision, dated May 28, 1954. After much discussion, the following resolution was offered. By Councilman Killam, seconded by Councilman Jones, it was RESOLVED, that the City Attorney be authorized to write to the Attorney General of the State of Mich igan asking for a legal opinion on paragraph d, Chapter IV, Section 29 of the Charter of the City of Livonia, referring to the adoption of ordinances on a referendum vote, inquiring as to whether or not it is legal to amend such ordinance prior to two years after such election and particularly in relation to the Zoning Ordinance No 60 A roll call vote was taken on the foregoing resolution with the following result: AYES. Jones, Killam and Daugherty NAYS• Kleinert, Whitehead and Carey The President declared that the resolution was lost. By Councilman Whitehead, seconded by Councilman Kleinert, it was #1498 RESOLVED, that the Mayor 's report and re commendation on Harry Slatkin Country Homes Subdivision dated May 28, 1954, be received and placed on file pending a report from the City Engineer A roll call vote was taken on the foregoing resolution with the following result: AYES. Killam, 1leins rt, Whitehead and Carey NAYS• Jones and Daughe rty, with the statement: because of the lack of interpretation of Charter provisions on amending ordinances The President declared the foregoing resolution was adopted. Page 1491 City Clerk, Marie W. Clark, read a letter from the Planning Commission dated May 2o, 1954, approving Chief Calvin Roberts' recommendation dated May 11, 1954, regarding width of streets in new subdivisions. By Councilman Jones, seconded by Councilman Whitehead and unanimously adopted, it was #1499 RESOLVED, that the letter from Fire Chief Calvin Roberts dated May 11, 1954, regarding width of streets in new subdivisions, be placed on file awaiting further communication from the Department of Public Works The City Clerk read letters from the Board of County Road Commissioners dated April 9, 1954, and May 18, 1954, regarding widening of Middlebelt Road By Councilman Killam, seconded by Councilman Jones and unanimously adopted, it was #1500 RESOLVED, that the request from Leroy Smith of the Wayne County Road Commission regarding widening of Middle belt Road be tabled pending further recommendation from the Mayor The City Clerk read a letter from the Civil Service Commission recomnend— ing salary increase for Building Inspectors By Councilman Kleinert, seconded by Councilman Carey, it was RESOLVED, that the req st of Civil Service Commission regarding salary increase for Building Inspectors be tabled pending study of the complete pay rating s A roll call vote was taken on the foregoing resolution with the following result: AYES• Kleinert and Carey NAYS: Jones, Killam, White head and Daugherty The President declared that the resolution was lost. Mr Edward Wild of the Civil Service Commission appeared before the Council to answer quest ion in thi s respect By Councilman Jones, seconded by Councilman Killam, it was RESOLVED, that the council concur with the recommendation of the Civil Service Commission and grant raise in pay to the Building Inspe ctor s. A roll call vote was taken on the foregoing resolution with the following result: Page 1492 AYES- Jones, Killam and Daugherty lig NAYS. Kleinert, Whitehead and Carey The President declared the resolution was lost A recess was called at 9.40 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. City Attorney Russell Ashmore read a letter dated May 28, 1954, from the Civil Service Commission regarding tie employment of temporary help By Councilman Kleinert, seconded by Councilman Killam and unanimously adopted, it was #1501 RESOLVED, that the matter of temporary and emergency help be referred back to the Civil Service Commission for clarification By Councilman Whitehead, seconded by Councilman Jones and unanimously adopted, it was #1502 RESOLVED, that the Council reconsider the previous motion regarding pay raise to Building Inspectors By Councilman Jones, seconded by Councilman Killam, it was #1503 RESOLVED, that the Council concur with the recommendation dated May 13, 1954 of the Civil Service Commission, and that the compensation schedule as adopted by the City Council on June 1, 1953 be amended to read as follows: Bi—Weekly Annual Rate Rate Building Inspector $240 00 $6,240.00 A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Killam, Jones and Whitehead NAYS: Kleinert and Carey. The President declared that the resolution was adopted The report of the Justice Court and Violation Bureau was read by the lam City Clerk and placed on file By Councilman Jones, seconded by Councilman Carey, it was Page 1493 #1504 RESOLVED, that the report of the Finance Committee for the month of April, 1954, is hereby approved and a summary of said report is spread upon the minutes of this meeting as follows: General, Administrative & Legislative: Executive 1,052.00 Legislative 740.54 City Treasurer 331 56 City Clerk 577.15 Travel & Education 328.50 Dept of Law 51 85 Justice Court 255.84 ElectiD n Commission 122.75 Civil Service Commission 153 48 City Hall 1,422.51 Court Building 154 78 Civil Defense 129.38 Board of Appeals 5.00 City Planning Commission 782.11 6,107 45 Department of Public Safety- Police Department 4,297 19 Fire Department 1,980 99 Inspection Department _ 2,563.17 8,841.35 Department of Public Works 6,919 16 6,919 16 Department of Parks & Recreation 338.38 General Ledger Accounts: Contracts Payable 5,210.39 Advances 62,670.06 Reserve for Encumbrances 2,372 50 Insurance 2,045.59 Inventories 1,063 05 Acquisition of Land 11 60 Retirement Plan 4,014.07 Refund on Oil permit 2 00 Return of Bbl's Credit (60.00) 77,329.26 $ 99,535.60 A roll call vote was taken on the foregoing resolution with the following result: AYES Jones, Killam, Kleinert,Whitehe ad, Carey and Daugherty NAYS: None. The City Clerk read a letter from Mayor Hartom dated May 20, 1954, requesting an appropriation to Account No E-60 By Councilman Whitehead, seconded by Councilman Carey, it was f, `- 0 /ri,(4)/-1 -ev.7'717 Page 1494 #1505 RESOLVED, that the Council concur with the request of Mayor Hartom dated May 21, 1954, and that an appropriation of $700.00 from the Unallocated Fund to Account No. E 60 be hereby approved A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Kleinert, Whitehead, Carey and Daugherty NAYS: None. Councilman Killam gave an oral report on the installation of a Public Address System City Clerk Marie W. Clark read the recommendation of the City Planning Commission dated April 22, 1954, and the recommendation of the Department of Public Works dated May 28, 1954, regarding Devonshire Park Subdivision After much discussion, the following resolution was introduced By Councilman Killam, seconded by Council man Jones and unanimously adopted, it was #1506 RESOLVED, that the matter of Devonshire park Subdivision be referred back to the Planning Commission for revision of Plat in regard to Sunset Avenue. The City Clerk read recommendation of Planning Commission regarding Petition No. V-4. By Councilman Jones, seconded by Councilman Carey, it was #1507 RESOLVED, that the report and recommend atio n of the City Planning Commission dated May 21, 1954, on Petition No. V-4 of Clarence R Charest, Rosedale Investment Company, be approved, and the City Attorney is requested to prepare an ordinance consistent with this re solutio n A roll call vote was taken on the foregoing resolution with the following result. AYES: Jones, Killam, Kleinert, Whitehead and Carey. NAYS• Daugherty By Councilman Kleinert, seconded by Councilman Whitehead and unanimously adopted, it was #1508 RESOLVED that the report and recommerxlati on of the City Planning Commission dated May 21, 1954, on Petition No. 2-46 of Joseph F. Rousseau, et al, be accepted and said petition be denied. Page 1495 By Councilman Kleinert, seconded by Councilman Carey, it was #1509 RESOLVED, that the report and recommendation of the City Planning Commission dated May 21, 1954, on Petition No. Z-48 of Charles G Brown for change of zoning classification is hereby approved and the City Attorney is directed to prepare an amendment to the Zoning Ordinance in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result- AYES. Killam, Kleinert, Carey and Whitehead. NAYS• Jones and Daugherty (with reservations) The President declared that the foregoing resolution was adopted City Clerk Marie W. Clark read a letter dated May 22, 1954, from the Department of Public Works regarding reduction of bonds on Cooperspoon Subdivision and Cooperspoon Subdivision No 2 By Councilman Whitehead, seconded by Councilman Killam, it was RESOLVED, that the Counci 1 concur with the report of the ILE Department of Public Works dated May 22, 1954, and approve reduction of bonds in Cooperspoon and Cooperspoon Subdivision No 2 to $10,000.00 each A roll call vote was taken on the foregoing resolution with the following result: AYES. Kleinert, Whitehead and Carey NAYS• Jones, Killam and Daugherty The President declared that the foregoing resolution was lost. By Councilman Carey, seconded by Councilman Whitehead, it was #1510 RESOLVED, that the request of the CityClerk dated May 28, 1954, for an appropriation from the Unallocated Fund of $2,152 10 for the City's contribution to the Employees' Retirenpent for the month of May, 1954, be approved A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Kleinert, Whitehead, Carey and Daugherty NAYS- None ILmo City Clerk, Marie W Clark, read the request of the Bureau of Inspection dated May 25, 1954, for an additional appropriation By Councilman Kleinert, seconded by Councilman Killam, it was Page 1496 #1511 RESOLVED, that the request of the Inspection Department for an appropriation of $9,037 75 from the Unallocated Fund as follows: F Ir.. Two building inspectors $6,240.00 One Sr Clerk typist 1,960 00 One Desk 177.50 One Chair 50.00 One Typewriter 182 50 One Filing Cabinet 227.75 Miscellaneous account 200.00 Total: $9,037 75 be approved A roll call vote was taken on the foregoing resolution with the following result. AYES. Jones, Killam, Kleinert, Whitehead, Carey and Daugherty. NAYS- None By Councilman Whitehead, seconded by Councilman Carey, it was #1512 RESOLVED, that an appropriation of $2,353.00 as requested in letter dated May 26, 1954, be made to the Department of Parks & Re- creation from the Unallocated Fund for final payment of the sprinkling system and additional fill dirt, fertilizer and seed for landscaping at the City Hall A roll call vote was taken on the foregoing resolution with the following result: AYES- Killam, Kleinert, Whitehead, Carey and Daugherty NAYS: Jones. The President declared the foregoing resolution was adopted The City Clerk, Marie W. Clark, read a letter from Gould and Mo ss, architects, dated May 24, 1954, regarding final approval of electrical work at Fire Station No 2 By Councilman Carey, seconded by Councilman Jones, it was #1513 RESOLVED that Certificate #1197-E-6 (final) of M E Bowers, 13200 Intervale Avenue, Detrcit , Michigan, as submitted by Nathaniel O Gould and Thomas W. Moss, Inc., architects for Fire Station No. 2, and that such final certificate pertains to the electrical contract on Fire Station No 2, be and hereby is accepted, pursuant to recommendation of the Department of Public Works, as approved by H M Hultquist, Superintendent, and that the Treasurer is hereby authorized to pay to said M E Bowers the sum of $397 50. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Kleinert, Whitehead, Carey and Daugherty. NAYS: None. Page 1497 City Clerk Marie W Clark read the Mayor's letter dated May 28, 1954, appointing Jack Salvadore of 28228 N Clements Circle, Livonia, Michigan, as a member of the Civil Service Commission to serve a term expiring on the third Monday of April, 1958, which letter was received and placed on file Councilman Whitehead introduced the following Ordinance No. 83 AN ORDINANCE REGULATING THE USE OF WA'T'ttt DURING THE PERIOD COMMENCING JUNE 10, 1954, AND ENDING SEPTEMBER 6, 1954; AND PROVIDING A PENALTY FOR VIOLAT DN HEREOF THE CITY OF LIVONIA ORDAINS. Section 1. The City Council, having given careful consideration to the quantity of water available for distribution and use within the City of Livonia and having considered the requirement of the Board of Wayne County Road Commissioners that sprinkling regulations be adopted by the City of Livonia at least equivalent to Lie those enforced in the City of Detroit, such requirement having been imposed by the City of Detroit on users of water supplied by its own system including those surround— ing municipalities which are supplied with water from such system by contract with the Board of Wayne County Road Commissioners, and it appearing that the City of Detroit has under construction certain facilities which when completed should avoid severe sprinkling regulations, but that such facilities will not be completed in time to alleviate the water shortage problem of the approaching summer season, does hereby determine that there now exists a condition of emergency within the City of Livonia because of the present inadequacy of water supply Section 2 During the period commencing June 10, 1954, and ending September 6, 1954, no person, firm or corporation shall use or consume water from the water supply of the City of Livonia for the purpose of sprinkling or watering lawns, gardens, flowers, shrubbery and trees within the City of Livonia, except on the following schedule. On even numbered days of the month, sprinkling and watering will be permitted on even numbered addresses; On odd numbered days of the month, sprinkling and watering will be permitted on odd numbered addresses. There will be no restriction on sprinkling and watering on Sundays Section 3. Every person convicted of a violation of this ordinance shall 116 be punished by a fine of not more than Five Hundred ($500.00) Dollars or by imprison— ment of not more than ninety (90) days or by both such fine and imprisonment in the discretion of the Court. Page 1498 Section 4 All ordinances or parts of ordinances ih conflict herewith are hereby repealed. i,.,. Section 5. This ordinance is hereby declared necessary for the protection of the public health, safety and welfare arra shall become effective immediately upon publication A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Jones, Killam, Kleinert, Whitehead, Carey and Daugherty. NAYS. None. President Daugherty stated that the foregoing Ordinance had been adopted and will take effect on the date of publication which will be June 17, 1954. By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #1514 RESOLVED, that the President appoint a committee to arrange for a Youth Government Day in Livonia Councilman Killam introduced the fo llowing Ordinance. NO AN ORDINANCE VACATING PORTIDN OF OAKDALE AVENUE. THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission dated December 8, 1953, on Petition V-1 of Dr. Gordon Eadie for vacating a portion of Oakdale Avenue 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 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," the south six (6) feet of Oakdale Avenue situated between the west boundary of Southampton Road and the east boundary of Ashurst Road, within Coventry Gardens, a subdivision of the S E quarter of Section 16, Town 1 South, Range 9 East, is hereby vacated; provided, however, and on the express condition that there be and hereby is reserved in the lands now occupied by the above described portions of alleys, 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 a of installing, maintaining or operating any of said public utilities. Page 1499 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 above Ordinance was placed on file for further consideration at the June 14th meeting of the Council On motion of Councilman Kleinert, seconded by Councilman Whitehead and unanimously adopted, this 119th adjourned regular meeting of the Council was duly adjourned, the time of this adjournment being approximately 12:15 A M., May 29, 1954 M- W. Clark, City Clerk Attested: • ohn Daugherty, President of the ouncil e, Rudolf . Kleinert, Vice President of the Council