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HomeMy WebLinkAboutCOUNCIL MINUTES 1957-02-13 ADJOURNED Page 2707 MINUTES OF THE ADJOURNED ONE HUNDRED NINETY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 13, 1957, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:20 P. M., by the President of the Council. Roll was called with the following result: Present -- Austin T. Grant, Frank O'Neill, Sydney B.Bagnall, Rudolf R. Kleinert, David L. Jones and Peter A. Ventura. Absent-- John T.Daugherty. The City Clerk, Marie d. Clark, read a letter from the Mayor regarding acquiring additional land for civic improvements. By Councilman Ventura, seconded by Councilman O'Neill and unanimously adopted, it was #108-57 RESOLVED that, the letter dated January 30, 1957, from Mayor William W. Brashear dealing with the possibility of acquiring additional land adjacent to the site upon which the City Hall is situated is hereby referred to the Civic Center Committee of the Council for its study and consideration. Marie W. Clark, City Clerk, read letter from the Michigan Liquor Control Commission and recommendation of Police Department regarding transfer of SDM license. By Councilman Bagnall,, seconded by Councilman Ventura and unanimously adopted, it was #109-57 RESOLVED that, pursuant to the communication from the Michigan Liquor Control Commission dated December 11, 1956, and a recommendation from the Livonia Police Department dated January 31, 1957, the Council does hereby approve the request from Carl I. Holz to transfer ownership of a 1956 SDM license from John and John F. Henderson, 29076 Plymouth Road, Livonia, Ni chi gan. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #110-57 RESOLVED that, the letter of the Mayor dated January 2t, 1957, dealing with the suggestions of the City Assessor in a letter dated January 18, 1957, is hereby referred to the Committee of the Whole in order to af- ford the City Assessor, Bert McKinney, an opportunity to discuss these suggestions with the Council, and provided further that Bert McKinney be invited to attend the study meeting of February 21, 1957. The City Clerk, Marie W. Clark, read a letter from Nativity Evangelical and Page 2708 and Reformed Church of Livonia. By Councilman 'Ventura, seconded by Councilman Kleinert and unanimously adopted, it was #111-57 RESOLVED that, the letter from the Nativity Evangelical and Re- formed Church of Livonia dated January 22, 1957, wherein certain information is requested regarding West Chicago Road between Henry Ruff and Sunset Avenue is hereby referred to the Streets and Roads Committee of the Council and the City Planning Commission. Marie W. Clark, City Clerk, read a letter from the City Attorney regarding the Court Case Bzovi vs. City of Livonia, et al. By Councilman Ventura, seconded by Councilman Kleinert, it was #112-57 RESOLVED that, pursuant to Council resolution #714-56 adopted October 22, 1956, wherein the City was authorized to share one-half of the cost of printing the record on appeal and the transcript in the matter of Daniel Bzovi vs. City of Livonia, et al, Wayne County Circuit Court #284-931, the Council does hereby transfer the sum of $274.27 from the Un- appropriated Surplus to the Department of Law Miscellaneous Account, said sum to be used for the purpose of paying the City's share of the cost of preparing the aforementioned case for hearing in the Michigan Supreme Court. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Kleinert, Bagnall, O'Neill and Grant. NAYS: Jones. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman O'Neill and unanimously adopted, it was #113-57 RESOLVED that, the Council of the City of Livonia hereby goes on record as favoring the proposed legislation introduced by Senator Patrick McNamara which would amend Section 203 (j) of the Federal Property and Administrative Services Act of 1949 to permit the distribution of sur- plus Federal property to municipal governments for municipal governmental purposes; and BE TT FURTHER RESOLVED that, the Council of the City of Livonia supports in principle any other legislation designed to aid and encourage municipalities in providing better government for their citizens; and BE TT FURTHER RESOLVED that, copies of this resolution be trans- mitted by the City Clerk to Senator Patrick McNamara and to the members of the Senate Committee on Government Operations. Page 2709 By Councilman Bagnall, seconced by Councilman Ventura and unanimously adopted, it was #114-57 RESOLVED that, since the sales tax revenues of the State are now being allocated to the various municipalities in accordance with population census counts taken a number of years ago, and some rapidly-growing communities are thereby discriminated against by reason of the fact that their shares do not reflect the actual populations of such areas, and such communities are facing a difficult, if not desperate, situation in trying to meet mounting demands for city services where general property tax revenues lag far behind the necessary immediate expenditures, the Council of the City of Livonia hereby goes on record as favoring in principle any legislation which will enable the more rapidly-growing communities of the State to obtain their just and proper share of the sales tax revenues, in accordance with their present actual population figures; BE IT FURTHER RESOLVED that, the Council of the City of Livonia endorses its support of plans for an interim special census count, and IT IS FURTHER RESOLVED that, the Council of the City of 1`ivonia endorses and supports in principle the report of the Sales Tax Distribution Study Commission wherein it is proposed that certain municipalities after obtaining a special census count will be entitled to additional funds on the basis of the present per capita amount of regular sales tax taking place under Article X, Section 23, of the State Constitution; and BE IT FURTHER RESOLVED that, copies of this resolution be trans- mitted by the City Clerk to the Governor, and to the Senate and House mem- bers from the districts of which Livonia is a part, and to the sponsor of the equalization bill. Marie W. Clark, City Clerk, read a letter from the Traffic Commission regard- ing proposed traffic signal light at Merriman and Plymouth Roads. By Councilman Ventura, seconded by Councilman Bagnall, it was #115-57 RESOLVED that, the City Council concurs with the r ecommendation of the Traffic Commission in the letter dated February 5, 1957, with refer- ence to the paving of Merriman Road 100 feet north and 100 feet south of Plymouth Road, and the City engineer is instructed to prepare plans and specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Jones, Bagnall, O'Neill and Grant. NAYS: Kleinert. The President declared the resolution adopted. Councilmen Jones and Kleinert introduced the following Ordinance: Page 2710 NO. AN ORDINANCE PROVIDING FOR ESTABLISHING, OPERATING AND MAINTAINING A MUNICIPAL LIBRARY SERVICE; CREATING A LIBRARY COMMISSION AND PRE- SCRIBING ITS POWERS AND DUTIES; PROVIDING FOR RECEIPT AND EXPENDI- TURE OF FUNDS AND FOR REPORTS CONCERNING ITS ACTIVITIES; AND PRO- VIDING FOR ACCEPTANCE AND HOLDING OF DONATIONS; AND FIXING PENALTIES FOR INJURIES TO PROPERTY BELONGING THERETO. THE CITY OF LIVONIA ORDAINS: Section 1. There is hereby created a Municipal Library Commission of the City of Livonia which snail consist of seven (7) members appointed by the Mayor, in accordance with the provisions of Section 2, Chapter V of the Charter of the City of Livonia. The members of the Commission shall be appointed for terms of three (3) years each; provided, however, that of the members first appointed, two shall be ap- pointed for terms of one year each, two for terms of two (2) years each, and three (3) for terms of three (3) years each. A term under this section shall be deemed to com- mence on May 1st of the year during which the appointment is made and shall be deemed expired on April 30th of the last year of such term. Section 2. The Commission members, shall, immediately after their appoint- ment, meet and organize by the election of one (1) of their number as president, and by the election of such other officers as they may deem necessary. The Commission shall meet not less than once each month for the transaction of business. The Com- mission shall make and adopt such by-laws, rules and regulations governing their pro- cedure, far their own guidance and for the government of the library and reading room, as may be expedient. The Commission shall have control over the expenditure of all monies appropriated or collected to the credit of the library fund, and of the con- struction of any library building, and of the supervision, care,and custody of the grounds, rooms or buildings erected, leased, or set apart for such purpose; provided, that all money received for such library shall be deposited in the treasury of the City to the credit of the library fund and that all money under the control of the Commission shall be kept separate and apart from other monies of the City, and drawn upon by the proper officers of the City, only upon properly authenticated vouchers approved by the Commission or its authorized representatives. Said Commission shall have the power to purchase or lease grounds, to occupy, to lease or erect an ap- propriate building or buildings for the use of said library; shall be the appointing authority for all library employees; and shall in general, carry out the spirit and intent of this ordinance in establishing and maintaining a public library and reading room. Section 3. The members of the Commission shall receive such compensation as may be allowed by resolution of the City Council. Section L . The Head Librarian and all other personnel employed in said library and reading room shall be subject to Civil Service and part of the Classified Service. Section 5. If any person or corporation shall make a donation of money, personal property or real estate for the benefit of said library, such donation shall vest in the Commission, to be held and controlled by said Commission, when accepted, according to the terms of the deed, gift, devise or bequest of such property; and as Page 2711 to such property, the said Commission shall be held and considered to be special trustee. Section 6. The Commission shall have an audit made, at the end of each and every fiscal year, of all accounts, funds, monies, and other property under the control of said Commission and shall submit a report thereof to the City Council, such report shall state the condition of their trust at the date of such report, the various sums of money received from the Library Fund and other sources, and how such monies have been expended and for what purposes; the number of books and periodicals on hand; the number added by gift, purcnase, and otherwise during the year; the number lost or missing; the number of visitors attending; the number of books loaned out, and the general character and kind of such books, with other statistics, information and sug- gestions as may be required by the City Council. All such portions of said report as related to the receipt and aTeaditure of money, as well as the number of books on hand, books lost or missing, and books purchased, shall be verified by affidavit. Section 7. Every library and reading room established under this ordinance shall be forever free to the use of the inhabitants of the City, subject to such reasonable rules and regulations as the Commission may adopt, and such Commission may exclude from the use of its facilities any and all persons who shall wilfully violate such rules. Section 8. Any person committing injury to or upon such library, or the grounds or property thereof, or who does wilful injury to any book, or fails to return he same, shall be guilty of a misdemeanor and subject to a fine of not more than five hundred dollars ( 500.00) or imprisonment of not more than ninety (90) days, or both, in the discretion of the court. Section 9. 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 10. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting 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 Council, February 25, 1957. By Councilman Jones, seconded by Councilman Bagnall and unanimously adopted, it was #116-57 RESOLVED that, the rule of the Council regarding items for the Council Agenda be suspended for this meeting only, so that additional items may be taken up. By Councilman Bagnall„ seconded by Councilman Ventura, it was #117-57 RESOLVED that, pursuant to the authority of Subsection (c) of Section 8 of Chapter V of the City Charter, the City Treasurer is hereby authorized to invest surplus funds of the General Fund in United States Government Bonds; that said funds shad not be invested in such manner Page 2712 as to cause a lack of funds available to meet the obligations of the City of Livonia when they become due. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Kleinert, Bagnall, O'Neill and Grant. NAYS: Jones. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #118-57 RESOLVED that, the City Council having heretofore engaged Mr. Edwin M. Orr, Consulting Engineer, to make a survey and submit his recommendations in connection with removal of storm waters from the sanitary sewer system in Coventry Gardens, and said engineer having submitted such report and recom- mendations to the Council, and the Council having determined that the best method of performing the necessary work would be to add this project to the contract with the Board of Wayne County Road Commissioners; the Department of Public Works is hereby authorized to submit the aforesaid engineering plans and specifications to the Board of Wayne County Road Commissioners and to obtain its approval as to considering the Coventry Gardens storm sewer project a part of the present sewer system, and to obtain its approval that the cost of such improvement may be financed and paid out of the anticipated surplus from the present bond issue pertaining to said sewer system; and further, that this resolution be considered as a formal request to the Board of Wayne County Road Commissi oners by the City of Livonia to add this project to the present sewer system, pursuant to the provisions herein con- tained. By Councilman Bagnall, seconded by Councilman Jones, it was #119-57 RESOLVED that, on recommendation of the Finance Committee, the bid of Marathon Linen Service, Inc., 31433 East Warren, Detroit 7, Michigan, dated February 8, 1957,in the amount of S1,338.014, for linen supply to the City of Livonia for a period March 1, 1957 through February 28, 1958, be and hereby is accepted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Jones, Kleinert, Ba pall, O'Neill and Grant. NAYS: None. On motion of Councilman Bagnall, seconded by Councilman Jones and unanimously adopted, this adjourned 197th regular meeting of the Council of the City of Livonia was duly adjourned at 9:27 P. M., February 13, 1957. : . ar , i y er