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HomeMy WebLinkAboutCOUNCIL MINUTES 1950-12-18 Page 251 MINUTES OF THE TWENTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA DEQ 18, 1950 The twenty-sixth regular meeting of the Council of the City of Livonia was held on December 18, 1950, at 33110 Five Mile Road, Livonia, Michigan The meeting was called to order at approximately 8.03 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 twenty-fifth regular meeting held on December 11, 1950, were read and on motion of Councilman Raymond E Grimm, seconded by Councilman John Whitehead and unanimously carried by the affirmative vote of all of the Councilmen named as present in the roll call of this meeting, it was• ILN /9 .293 RESOLVED, that the minutes of the twenty-fifth regular meeting of the Council held December 11, 1950, be and hereby are approved as read. Mr Edison of the Electrical Contractors Association, Mr. Corell of the Detroit Edison Company and Millard Babcock, Electrical Inspector, appeared before the Council and made a statement as to the operation of Ordinance #16, including recommendations for amendments. Herbert Ferry, City Auditor, explained the reasons for making an audit of the Justice Court for the six months period expiring November 30, 1950 Councilman Harvey Jahn made a motion that the following resolution be adopted: ' '9 >' RESOLVED, that a special appropriation of $175 00 be and hereby is made to pay the cost of an audit of the Justice Court for the six months period expiring November 30, 1950; and that said appropriation be charged against the contingency fund. The foregoing motion was seconded by Councilman William Taylor and a roll call ILO vote was taken with the following result: YEAS. Raymond E Grimm, Harvey Jahn, Wilson W. Edgar, Nettie Carey, John Whitehead, Harry S Wolfe and William Taylor. PaFe 252 NAYS. None The President declared the foregoing resolution passed. "'. Councilman Nettie Carey made a motion that the following resolution be adopted. t9 -2`f6- RESOLVED, that a special appropriation in the amount of $300 00 be and hereby is made to pay the cost of an audit of the Justice Court for the fiscal year conencing December 1, 1950; and that said sum be charged against the contingency fund. The foregoing motion was seconded by Councilman John Whitehead and a roll call vote was taken with the following result : YEAS: Raymond E. Grimm, Harvey Jahn, Wilson al Edgar, Nettie Carey, John Whitehead, Harry S Wolfe and William Taylor. NAYS: None. The President declared the foregoing resolution passed. Carl J. Wagonschutz, City Treasurer, advised the Council of his appointment of three deputy treasurers, one of whom will be permanent to handle all incoming funds including license and permit fees and traffic fines assessed bow by the Violations Bureau, and the other two to be temporary for the purpose of collecting taxes Mr Yagonschutz stated that these three deputies have already been employed by him as clerks in accordance with the Civil Servic procedure and that their names are as follows : Blanche H Martin, senior clerk, deputy treasurer and head of Traffic Violations Bureau. David Mossman, junior clerk and deputy treasurer Marjorie Kidder, junior clerk and deputy treasurer. Councilman William Taylor made a motion that the following resolution be adopted: /7 „2Y6 RESOLVED, that the appointment by the City Treasurer of the deputies• Blanche H Martin, as a permanent deputy treasurer, David Mossman and Marjorie Kidder, for a term expiring at the will of the City Treasurer and not later then March 1, 1951, be and hereby is confirmed by the Council pursuant to Section 9, r.. Chapter V of the Charter; that a bond be required of each deputy in the sum of not less than $5000 CO in such form as may be approved by the City Attorney; and that the bonds be procured under a blanket arrangement in such a manner as will result in the lowest possible Pac-e 253 premium rates and that such permiums be paid by the City of Livonia. The foregoing motion was seconded by Councilman John Whitehead and a roll call vote was taken with the following result: YEAS: Raymond E Grimm, Harvey Jahn, Wilson W. Edgar, Nettie Carey, John Whitehead, Harry S Wolfe and William Taylor. NAYS: None. The President declared the foregoing resolution passed. Mayor Jesse Ziegler and City Treasurer Wagonschutz recommended that the period for paying taxes without penalty be extended Councilman Harvey Jahn made a motion that the following resolution be adopted- /7 -297 RESOLVED, that in view of the fact that the City of Livonia has recently been incorporated and all of the people have not had an opportunity to become familiar with the date upon which a tax penalty can be charged, and in view of other pertinent circumstances considered by the Council, the period of time in which taxes may be paid without penalty be and hereby is extended until the expiration of the month of February, 1951 The foregoing motion was seconded by Councilman Nettie Carey and a roll call vote was taken with the following result- YEAS. esult•YEAS. Raymond E Grimm, Harvey Jahn, Wilson W. Edgar, Nettie Carey, John Whitehead, Harry S Wolfe and William Taylor. NAYS• None The President declared the foregoing resolution passed A ten minute recess was taken following which the Council reconvened with all of its members present. Mayor Jesse Ziegler then made a recommendation as to compensation for janitors who have voluntarily performed extra services in the Bentley High School on behalf of the Civilian Defense Program and the Civil Service Commission Councilman Harvey Jahn made a motion that the following resolution be adopted: /9--- 7,i2 RESOLVED, that as compensation for services performed for the Civilian Defense Program and for the Civil Service Commission, the sum of $25.00 be paid to George Young and a like amount to Leo Fisher and that said amounts be charged against the contingency fund. The foregoing motion was seconded by Councilman William Taylor and a roll call vote was taken with the following result: Page 254 YEAS: Raymond E Grimm, Harvey Jahn, Wilson W. Edgar, Nettie Carey, John Whitehead, Harry S. Wolfe and William Taylor. NAYS: None. The President declared the foregoing resolution passed. The City Clerk read a communication from the City Planning Commission dated December 15, 1950, recommending that Petition #13 be granted with one exception and that all of the land described in said petition be reclassified as C-1 with the exception of the property awned by Hall and the fifty feet immediately East of Halls property, the owners of said fifty feet, Arthur and Clara Monroe, having consented to the exclusion of the same as a buffer strip Councilman William Taylor thereupon introduced the following ordinance. NO. ,2_3 AN ORDINANCE TO AND A PORTION OF SECTION 28 OF THE ZONING MAP OF THE CITY OF LIVONIA OF ORDINANCE NO 7 ENTITLED. "AN ORDINANCE TO ESTABLTSH 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 irms 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 LIIFORMIENT 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, ALTNDMENTS THERETO AND ZONING MAP", AND SECTION 3(A) OF SAID 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 !TO. 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 tYe 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", as amended. Pare 255 (b) The term Zoning Mian, as used in this ordinance, is here- by 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 toamend 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 Coimuission on Petition No. 13 to amend said Zoning Ordinance is hereby accepted and adopted. Section 3 A portion of Section 28 of the Zoning 'Lap of the City of Livonia of said-Zoning Ordinance, as amended, and Section 3(A) of said Zoning Ordinance, are hereby amended as follows : (a) Said petition No. 13 is hereby granted only as to the following described premises : Lots 2, 3, 4, 5, 6, 7, 8 and the easterly 50 feet of lot 9, Alden Village Subdivision, being a subaivision of part of the South 1/2 of Section 28, T. 1 S., R 9 E , City of Livonia, Wayne County, Michigan, and the zoning classification of said premises is hereby changed from R-1 to C-1 (b) The classification and district change made by granting said petition No 13, to the extent above indicated, is hereby included in Section 3(A) of said Zoning Ordinance as amended (c) That portion of Section 28 of said Zoning lap, which includes the premises described in said petition No. 13, is hereby amended to conform to the changes made in the foregoing paragraphs (a) and (b) of this Section; and the attached amended Zoning Map No 3, showing such changes and amendments, is hereby approved and made a part hereof. Section 4 All proceedings on said petition No. 13 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 repe 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 reason, such holding shall not be construed as affecting the validity of any of the remaining portion of this ordinance. The foregoing ordinance was read and placed on the table for vote at the next regular meeting of the Council Mayor Jesse Ziegler and City Engineer Hamill made a statement to the Council as to the recommended use of unexpended funds for extension of water mains. Councilman Harvey Jahn made a motion that the following resolution be adopted: Page 256 /9-.. 9 WHEREAS, there is an unexpended balance in the Construction Fund created for the extension of water mains under Ordinances No. 14 and 15, adopted by The Township of Livonia, December 19, 1949, in tom the amount of $29,477.43. RESOLVED, that the City Clerk be instructed to make appli- cation to the Micnigan Municipal Finance Commission for permission to add the following streets to those listed in Ordinance No. 15 for construction of water mains; such extensions and improvements to be located as follows : Oporto From Five Mile To Puritan Bainbridge From Five Mile south to existing main Lathers From existing main North of Curtis south to Lot 30 of Parkview Acres Subdivision RESOLVED FURTHER, that the estimated cost of the above mains in the amount of $26,791 57, prepared by Herald F. Hamill, Engineer, be approved. The foregoing motion was seconded by Councilman John Whitehead and a roll call vote was taken with the following result: YEAS. Raymond E Grimm, Harvey Jahn, Wilson :T Edgar, Nettie �.. Carey, John Whitehead, Harry S. Wolfe and William Taylor. NAYS: None The President declared the foregoing resolution passed Letter from Tomorrow's Homes Inc., dated December 15, 1950, was read and placed on file Expense account of George N. Bentley was considered and Councilman John Whitehead made a motion that the following resolution be adopted: ,9-3o0 RESOLVED, that the expenses incurred by George N. Bentley in the amount of $5.15 for attending a meeting of planning authorities, be and hereby is approved and payment by the City Treasurer to be directed The foregoing motion was seconded by Councilman Wilson i . Edgar and a roll call vote was taken with the following result: YEAS: Raymond E Grimm, Harvey Jahn, Wilson W. Edgar, Nettie Carey, John Whitehead, Harry S Wolfe and William Taylor. NAYS• None. The President declared the foregoing resolution passed ape 257 Councilman Raymond E. Grimm made a motion that the following resolution be adapted: A-30/ RESOLVED, that the following bills be and hereby are approved and payment thereof by the City Treasurer ordered; Chesapeake & Ohio Railway Co — $ 20.00 Capital Printing 10.00 Fire Department bills 159.60 Police department bills 9 CO and that said bills be identified by the signatures of the City Clerk and Council President. The foregoing motion was seconded by Councilman Harvey Jahn and a roll call vote was taken with the following result. YEAS: Raymond E. Grimm, Harvey Jahn, Wilson W. Edgar, Nettie Carey, John Whitehead, Harry S Wolfe, and William Taylor NAYS- None. The President declared the foregoing resolution passed. The city clerk requested instructions as to the number of copies as to the Traffic Ordinance to be printed. Councilman John Whitehead made a motion that the following resolution be adapted: //30z RESOLVED, that the City Clerk cause 1000 copies of the Traffic Ordinance, Ordinance #21 of the City of Livonia, to be printed and that said copies be sold at 25¢ each, except that copies may be furnished gratis to law enforcement agencies, civic associations, clubs and organizations The foregoing motion was seconded by Councilman William Taylor and a roll call vote was taken with the following result. YEAS: Raymond E. Grimm, Harvey Jahn, Wilson W Edgar, Nettie Carey, John Whitehead, Harry S. Wolfe and William Taylor. NAYS: None. The President declared the foregoing resolution passed Letter from City Engineer Hamill dated December 16, 1950, advising of completion of roads in Bell Creek Farms Subdivision #1 was read and filed. Councilman Wilson W. Edgar made a motion that the following resolution be adopted: ,---7.103 RESOLVED, that the plat of Bell Creek Farms Subdivision #1, part of the W 1/2 of the NW 1/4 of Sec 15 T 1 S , R 9 E , City of Livonia, be and hereby is approved and the city clerk hereby authorized to affix her signature to said plat as evidence of approval. Page 258 The foregoing motion was seconded by Councilman Nettie Carey and a roll call vote was taken with the following result: �•• YEAS: Raymond E. Grimm, Harvey Jahn, Wilson W. Edgar, Nettie Carey, John Whitehead, Harry S Wolfe and William Taylor NAYS: None The President declared the foregoing resolution passed. Petition #2L (a & b) for vacating of alley was read and on motion made by Councilman Raymond E. Grimm, seconded by Councilman Harvey Jahn and unanimously carried by the affirmative vote of all of the Councilmen named as present in the roll call of this meeting, it was : RESOLVED, that Petition #24 (a & b) to vacate the alley in Golden Ridge Subdivision #1 be and hereby is referred to the City Engineer, the City Planning Commission and the City Attorney for recommendations and report. City Attorney, William Brashear, made a report as to the bill submitted by Hubbell, Roth and Clark Councilman William Taylor made a motion that the r.. following resolution be adopted: /4/,:-?° - RESOLVED, that the bill submitted by Hubbell, Roth and Clark under date of December 6, 1950, in the amount of el0,000.00 on account of the preparation of plan for the sewer project in Sections 25, 26, 35, and 36, be and hereby is approved; that payment thereof be made by the City Treasurer from the contingency fund; and that such payment be considered as an advance or loan to the bond funds to be repaid as soon as the bond issue has been approved and the proceeds thereof collected. The foregoing motion was seconded by Councilman Harvey Jahn and a roll call vote was taken with the following result: YEAS: Raymond E Grimm, Harvey Jahn, Wilson W Edgar, Nettie Carey, John Whitehead, Harry S Wolfe and William Taylor. NAYS: None. The President declared the foregoing resolution passed Councilman Raymond E Grim made a motion that the following resolution be adopted: r/-306 RESOLVED, that all city employees be required to take the Loyalty Oath and be identified by fingerprints. ave 759 The foregoing motion was seconded by Councilman Wilson W Edgar and a roll call vote was taken with the following result: YEAS: Raymond E. Grimm, Harvey Jahn, Wilson W Edgar, Nettie Imo Carey, John Whitehead, Harry S Wolfe and William Taylor. NAYS: None. The President declared the foregoing resolution passed. The Director of Public Works, Lester French, presents bills for permanent Christmas decorations on the City Hall Councilman William Taylor made a motion that the following resolution be adopted: 307 RESOLVED, that the bills for permanent Christmas decorations on the City Hall in the amount of $168.72 be and hereby are approved and payment thereof by the City Treasurer be and hereby is directed. The foregoing motion was seconded by Councilman Raymond E. Grimm and a roll call vote was taken with the following result: YEAS: Raymond E. Grimm, Harvey Jahn, Wilson W Edgar, Nettie Carey, John Whitehead, Harry S Wolfe and William Taylor. NAYS: None. The President declared the foregoing resolution passed. The following ordinance was introduced by Councilman Raymond E Grimm: NO AN ORDINANCE TO PROVIDE FOR THE APPOINTMENT AND DIRECTION OF SPECIAL PATROTLfl N TO BE hTIGTN AS "ELEERGENCY POLICE RESERVE" OFFICERS FCR FVERGENCY DUTY AND PROVIDING A PENALTY FOR THE VIOLATION OF ANY OF THE TERMS THEREOF THE CITY OF LIVONIA ORDAINS : Section 1. The Director of Public Safety is hereby authorized and directed to ap—po nt special patrolmen, to be known as "Emergency Police Reserve" officers, in such numbers as he may deem necessary to perform police duties in time of extraordinary emergency under the direction of and in compliance with such rules and regulations as the Director of Public Safety shall promulgate. .r. Pare 260 Section 2. Such "Emergency Police Reserve" officers shall wear such badges, dress and insignia as the Director of Public Safety shall direct and shall be equipped in the manner which he deems necessary for the proper discharge of their duties. Section 3. The Director of Public Safety shall promulgate rules relating to the qualifications, appointment and removal of such "Emergency Police Reserve" officers Such officers shall serve without compensation Section L. The Director of Public Safety is hereby authorized to appoint instructors, supervisors and commanding officers to train, direct and supervise such "Emergency Police Reserve " officers Section 5. "Emergency Police Reserve" officers shall be entitled to all rights and benefits provided under the provisions of Act 10 of the Public Acts of the First Extra Session of 1912 and the amendments thereto; the same being known as the Workmen's Compensation Law of Michigan. Section 6 It shall be unlawful for any "Emergency Police Reserve" officer to exercise his authority as a patrolman or to wear the uniform or insignia or to display his badge, in an attempt to exercise his authority, except during the per- formance of actual authorized police duty Section 7. It shall be unlawful for any "Emergency Police Reserve" officer to knowingly and wilfully neglect or refuse to respond for assignment or duty when called under such rules and regulations as promulgated by the Director of Public Safety. Section 8 It shall be unlawful for any person not duly appointed and sworn in as an "Emergency Police Reserve" officer to impersonate such officer or to wear, carry or display the badge, designated dress, or insignia of such "Emergency Police Reserve" officer Section 9. Any person or persons, violating any of the provisions of this ordinance Will, upon conviction, be subject to a fine of not to exceed Five Hundred ($500.00) Dollars or imprisonment for a period of not to exceed ninety (90) days, or both such fine and imprisonment in the discretion of the Court Section 10 This ordinance is hereby declared necessary for the preservation of the peace, health and safety of the people of the City of Livonia and hereby given immediate effect The foregoing ordinance was read and a roll call vote was taken with the following result. YEAS: Raymond E. Grimm, Harvey Jahn, Wilson I Edgar, Nettie Carey, John Whitehead, Harry S Wolfe and William Taylor. NAYS: N one. The President announced the foregoing ordinance was duly adopted and shall become effective on the date of publication on January 12, 1951. Page 261 On motion of Councilman Harvey Jahn, seconded by Councilman William Taylor and unanimously carried, the meeting was adjourned at 11:26 P. M., December 18, 1950 W C ark, City C er Attes -d: arry S. '`. e, President