HomeMy WebLinkAboutCOUNCIL MINUTES 1955-12-19 Page 2143
MINUTES OF THE ONE HUNDRED FIFTY-SEVENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On December 19, 1955, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:08 P. M., by the
President of the Council, John T. Daugherty. Councilman Kleinert delivered the
invocation. Roll was called with the following result: Present-- John T. Daugherty,
David L. Jones, Harry R. Killam, Rudolf R. Kleinert, John W. Whitehead, Nettie Carey
and Wilson W. Edgar. Absent-- None.
By Councilman Whitehead, seconded by Councilman Carey and unanimously
adopted, it was
#635-55 RESOLVED that, the Council suspend the regular order of business
to take care of certain items on the agenda wherein interested persons are
waiting to be heard on those items.
Mr. William Marvin of the State Highway Department appeared before the
Council relative to the installation of Traffic Signal at Stark and Plymouth Roads.
Councilman Kleinert was excused at 9:03 P.M., and returned at 9:08 P.M.
Councilman Killam was excused at 9:10 P.M., and returned at 9:15 P.M.
Councilman Whitehead was excused at 9:14 P. M., and returned at 9:17 P. M.
By Councilman Jones, seconded by Councilman Carey and unanimously
adopted, it was
#636-55 RESOLVED that, the Council approve the plans of the City
Engineer for the installation of guard rails at the corner of Stark
and Plymouth Roads, that such plans be submitted to the State Highway
Department, and that the Council request the State Highway Department
to make a gap survey of said intersection; that the State Highway De-
partment be notified that the City Council is of the opinion that the
Stark and Plymouth Road crossing should be designated as a school crossing.
Mr. James Mies, attorney, appeared in behalf of John M. Stewart and his
wife, owners of Lot 8, Schoolcraft Manor Subdivision.
By Councilman Kleinert, seconded by Councilman Edgar and unanimously
adopted, it was
#637-55 RESOLVED that, the petition of John M.Stewart and Marilyn
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Stewart, his wife, for relocation of easement on Lot No. 8, B. E. Taylor's
Schoolcraft Manor Subdivision, be referred to the City Engineer for re-
commendation and the City Attorney for preparation of necessary legal
papers.
A recess was called at 10:02 P. M., after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting.
The City Clerk, Marie W. Clark, read a letter dated December 6, 1955 from
the Department of Engineering regarding reduction of bond in Hearthstone Subdivision.
By Councilman Killam, seconded by Councilman Jones, it was
RESOLVED that, the Council concur in the recommendation of the City
Engineer and establish bonds for Hearthstone Subdivision in the amount
of $51,250.00 for sidewalks and $189,000.00 for street paving.
A roll call vote was taken on the foregoing resolution with the following result :
AYES: Jones, Killam and Daugherty.
NAYS: Kleinert, Whitehead, Carey and Edgar.
The President declared the resolution denied.
By Councilman Kleinert, seconded by Councilman Whitehead, it was
#638-55 RESOLVED that, having considered the recommendation of the City
Engineer dated December 16, 1955 that certain improvements have been in-
stalled in Hearthstone Subdivision, the Council does hereby amend item #3
of resolution #169-55, adopted March 28, 1955, and does establish the bond
for the balance of the improvements in Hearthstone Subdivision in the amount
of $21.0,250.00; and that all other stipulations as set forth in resolution
#169-55 remain in full force and effect.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
The City Clerk, Marie W.Clark, read a letter dated December 19, 1955 as to
reduction of bond in Helman Park Subdivision #2 and letter dated December 12, 1955
from Charles Heiman, also letter from Department of Public Works dated December 6, 1955.
By Councilman Kleinert, seconded by Councilman Carey, it was
RESOLVED that, having considered the report from the Department of
Page 2145
Public Works accepting the pavement in Helman Park Subdivision #2, the
Council does hereby release the bond in said Subdivision, provided,
however, that a cash bond in the amount of $600.00 is deposited to
provide for installation of cross walks.
Councilmen Kleinert and Jones called for a vote on the question and
President Daugherty asked for a roll call vote to close debate, with the follow-
ing result:
AYES: Jones, Killam, Kleinert, Whitehead and Carey.
NAYS: Edgar and Daugherty.
The President declared that debate would be closed.
A roll call vote was conducted on the foregoing resolution with the following result:
AYES: Jones, Kleinert and Carey
NAYS: Killam, Whitehead, Edgar and Daugherty.
The President declared the resolution denied.
By Councilman Jones, seconded by Councilman Killam, it was
#639-55 RESOLVED that, having considered the request of Charles Heiman,
Grandville Construction Company, dated December 12, 1955, and the report
of W. R. McCary, City Engineer, dated December 19, 1955, the Council does
hereby reduce the bond dated March 31, 1955 on Helmer Park Subdivision #2
from $28,500.00 previously established by the Council on March 28, 1955,
to the amount of $2,850.00, which amount represents ten (10%) percent of
the bond as originally established.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Einem, Whitehead, Carey, Edgar and Daugherty.
NAYS: Kleinert.
The President declared the resolution adopted.
The City Clerk, Marie W. Clark, read a letter dated December 15, 1955 from
the City Planning Commission as to Petition No. Z-134, letter dated December 8, 1955
from the Fire Department and petitions protesting the change of zoning.
By Councilman Jones, seconded by Councilman Carey, it was
im. #640-55 RESOLVED that, the report and recommendation of the City Planning
Commission dated December 15, 1955 as to Petition No. Z-134, as amended,
of Ernest P. LaJoie, et al, for change of zoning classification in the
Northeast l/1 of Section 32 from RUFB to C-2 and P-1 is approved and such
petition is hereby denied.
Page 2146
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Carey and Edgar.
NAYS:Kleinert, Whitehead and Daugherty.
The President declared the resolution adopted.
Petition No. Z-135 for change of zoning classification was withdrawn
until January 9, 1956.
The City Clerk, Marie W. Clark, read a letter dated December 15, 1955 from
the City Planning Commission as to Petition No, Z-138.
By Councilman Carey, seconded by Councilman Jones, it was
#641-55 RESOLVED that, the report and recommendation of the City Planning
Commission dated December 15, 1955 as to Petition No. Z-138 of Fred and
Celia Schmidt and Local 182, UAW-CIO Building Corporation for change of
zoning classification in the Northwest 1/4 of Section 32 from RUFB to C-2
is approved, and such petition is hereby denied.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Carey, Edgar and *Daugherty.
NAYS: Kleinert and Whitehead.
*Councilman Daugherty abstained from voting which, under Ordinance No. 27, Section 19,
is recorded as a yes vote.
The President declared the resolution adopted.
Consideration of Contract #2 of George Tripp for 1954 Water Main construction
was withdrawn.
The City Clerk, Marie W. Clark, read a letter from Edward Steiner, Director
of Public Safety, dated DecemaBr 8, 1955, as to leasing of Police cars.
By Councilman Kleinert, seconded by Councilman Carey, amended by Councilman
Edgar and seconded by Councilman Carey, it was
#642-55 RESOLVED that, the Director of Public Safety be authorized to
prepare specifications for the purchase of four (4) new cars for the
Police Department under the amount established in the current budget.
The President relinquished the chair to the Vice President at 11:50 P.M.
A roll call vote was taken on the foregoing resolution with the following result:
Page 2147
AYES: Jones, Killam,Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Edgar and unanimously
adopted, it was
#643-55 RESOLVED that, the Director of Public Safety prepare specifica-
tions for bids on the leasing of patrol cars and other vehicles in connection
with the recommendations of the Department of Public Works on the same
subject, and that bids be taken for lease on alternate methods of mileage
and monthly basis for City vehicles.
President Daugherty resumed the chair at 12:06 A. M.
The City Clerk, Marie W. Clark, read a letter dated December 5, 1955 from
the Department of Public Works as to final payment of George Tripp, Contract No. 1
for Water Main extension.
By Councilman Whitehead, seconded by Councilman Carey, it was
#61a4-55 RESOLVED that, having considered the recommendation of W. G.
Sharpe, Superintendent of Public Works dated December 5, 1955 on Contract
No. 1 of George Tripp, Inc., for installation of Water Main Extension,
the Council does hereby approve for release on Contract No. 1, final
estimate in the sum of $8,611.38 and final payment to Herald Hamill,
Engineer, in the amount of $172.33, 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: Jones, Kill am, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
The City Clerk, Marie W. Clark, read petition of residents on Jarvis Avenue
for installation of a street light.
By Councilman Jones, seconded by Councilman Kleinert, it was
#645-55 RESOLVED that, the Council does hereby auth)rize the City
Clerk to make application to the Detroit Edison Company on forms pro-
vided by them for the installation of a 10,000 lumen lamp to be in-
stalled at the intersection of Jarvis Street and Plymouth Road, located
in Section 30, City of Livonia, Michigan.
Imo A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Ki lam, Whitehead, Carey and Daugherty.
NAYS: Kleinert and Edgar.
The President declared the resolution adopted.
Page 2148
The City Clerk, Marie W. Clark, read a letter dated November 30, 1955 from
Gustave Muth, regarding Ordinance No. 112, which was received and placed on file.
Councilman Whitehead introduced the following Ordinance:
NO.
AN ORDINANCE TO REGULATE BUILDINGS WITHIN THE
FUTURE OUTSIDE LINES OF STREETS, WAYS, PLACES,
PARKS,PLAYGROUNDS, AND OTHER PUBLIC GROUNDS, AS
SHOWN BY ANY PRECISED PLAT PREPARED BY THE
PLANNING COMKISSION, AND CERTIFIED TO THE COUN-
CIL, AND ADOPTED BY THE COUNCIL; AND TO PROVIDE
FOR THE ZONING BOARD OF APPEALS TO HAVE CERTAIN
POWERS ON APPEAL WITH EEGARD TO AUTHORIZE PER-
MITS IN CERTAIN CASES; AND TO PROVIDE PENALTIES
FOR VIOLATION HEREOF.
THE CITY OF LIVONIA ORDAINS:
Section 1. The City Council, having been requested by the Planning Com-
mission to exercise certain powers granted to the Council by Act #222 P. A. 1943,
(M.S.A. 5.3007), and being satisfied that there is a need to implement the work of
the Planning Commission in accomplishing a co-ordinated, adjusted and harmonious
development of the municipality, finds it expedient to enact controls over the erection
of buildings within the proposedfuture outside lines of areas hereinafter described.
Section 2. No permits shall be issued for, and no building or structure or
part thereof shall be erected on any land located within the proposed future outside
lines of any new, extended or widened street, avenue, place or other public way, or of
any park, playground or other public grounds or extension thereof shown on any certi-
fied and adopted plat, made in accordance with the provisions of Act #222, of the
Public Acts of 1943.
Section 3. The zoning Board of Appeals shall have the power on appeal filed
with it by the owner of such land to authorize the granting of a permit for and the
erection of a building, or structure, or part thereof, within the lines of any such
mapped street, park, playground or other public ground, in any case in which such board
finds, upon the evidence and arguments presented to it on such appeal, (a) that the
entire property of appellant located in whole or in part, within the lines of such
mapped street, park, ply ground, or other public ground cannot yield a reasonable
return to the owner unless such permit be granted, and (b) that, balancing the interest
of the municipality in preserving the integrity of the adopted map, and the interest of
the owner in the use and benefits of his property, the granting of such permit is re-
quired by considerations of justice and equity.
Section 4. Before taking any such action the Zoning Board of Appeals shall
hold a public hearing thereon, at least ten (10) days notice of the time and place of
which shall be given to the appellant by mall at the address specified by the ap-
lbw pellant in his appeal petition. In the event the Board of Appeals decides to authorize
a building permit and erection, it shall have the power to specify the exact location,
ground area, height, and other details of construction and size, character and con-
struction, and also the duration of the building, structure, or part thereof to be
permitted.
Page 2149
Section 5. Any person, firm or corporation violating any of the provisions
of this ordinance, shall, upon conviction thereof, be subject to a fine not exceed-
ing Five Hundred Dollars ($500.00) or to imprisonment for a period not exceeding
ninety (90) days, or to both such fine and imprisonment in the discretion of the
Court. Each day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
Section 6. 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 7. 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 meeting of the Council, January 9, 1956.
The City Clerk, Marie W. Clark, presented a bill from Schrader Funeral
Home dated December 6, 1955 for ambulance calls.
By Councilman Whitehead, seconded by Councilman Carey, it was
#646-55 RESOLVED that, the statement dated December 6, 1955 from Schrader
Funeral Home, Plymouth, Michigan, in the amount of $30.00 for ambulance
calls is approved and that such sum is hereby appropriated from the Un-
allocated Fund for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
BAYS: None.
By Councilman Edgar, seconded by Councilman Carey, it was
#647-55 RESOLVED that, the Council does hereby amend resolution #631,
adopted August 10, 1953 to read that the Brooks Ambulance Service be
retained for twenty (20) calls a month at $300.00 and any additional
calls in excess of twenty (20) would be payable at the rate of $15.00
per call.
A roll call vote was taken on the foregoing resolution with the following result:.
AYES: Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: Jones and Killam
The President declared the resolution adopted.
The City Clerk, Marie W. Clark, read the report of the Justice Court and
Page 2150
Violations Bureau for the month of November, 1955, which w as received and placed on
file.
The City Clerk, Marie W. Clark, read a letter dated December 15, 1955 from
the City Attorney regarding a Charter amendment initiated by petition of the electors.
By Councilman Jones, seconded by Councilman Killam, it was
RESOLVED that the Charter amendment as submitted by the City Attorney
be placed on the ballot.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones and Killam.
NAYS: Whitehead, Carey,Edgar, Kleinert and Daugherty.
The President declared the resolution denied.
By Councilman Whitehead, seconded by Councilman Killam, it was resolved
that
#618-55 WHEREAS, an initiatory petition has been addressed to and filed
with the City Clerk of the City of Livonia, and the City Clerk has checked
the signatures thereon, and has certified that the petitioners are duly
registered electors of said municipality, and that the number of registered
electors signing such petition equals or exceedsfive (5%) per centum of the
registered voters of the municipality, and that the petition in all other
respects conforms to the provisions of M.S.A. 5.2101 and has reported the
facts to the Council and the Council by resolution hereby authorizes the
submission; now by force of Section 25 of Act 297 of the Public Acts of
1909, and pursuant thereto there is submitted to the electors of such City
at the primary election on February 20, 1956, the following amendment to the
City Charter.
Proposed Charter
Amendment No. 6
Chapter X, Section 20
Disqualification for Conviction of Felony. Any person who
shall at any time have been convicted of a felony shall be
ineligible to hold any office, elective or appointive, in
the City of Livonia; nor shall said person be employed by
the City of Livonia, or by any department or agency thereof,
in any capacity whatsoever.
All Charter provisions, acts or parts of acts in conflict
herewith are hereby repealed.
that it is further directed that l`onday, February 20, 1956 is hereby designate(
as the date for the holding an election on said proposed amendment and questio_
Page 2151
that a certified copy of said proposed amendment and of the Council resolution
authorizing its submission be forthwith transmitted by the City Clerk to the
Governor of Michigan for his approval; and that a certified copy of the State-
ment of Purpose be f orthwith t ransmitted by the City Clerk to the Attorney
General for his approval; as directed by Act #117 of Public Acts of 1955;
that the City Clerk shall promptly and fully comply with all the provisions
of Section 21 of said Act 279, as amended, and shall do and perform all acts
required by State Law and the Charter of the City of Livonia relative to the
calling and holding of such election, the giving of notice thereof, the
registration of electors and preparation of ballots therefor, and the mak-
ing of all necessary arrangements for such election; that blank paper ballots
for the use of such electors at such election be printed in substantially the
following form:
BALLOT
Instructions: A cross (x) in the square f-! before the word
"YES" is in favor of the proposed amendment to the City Charter,
and a cross (x) in the square F-1 before the word "NO" is against
the p roposed amendment.
Before leaving the booth, fold the ballot so that the
initials of the inspector may be seen on the outside.
Amendment No. 6
An amendment adding a section to the Charter fixing a
disqual-i fication by reason of' conviction of felony for the
holding of office, elective o r appointive, in the City of
Livonia, and for employment by the City of Livonia.
The purpose of this amendment is to provide that any
person who shall at any time have been convicted of a felony,
shall be ineligible to hold any office, elective or appointive,
in the City of Livonia; and that such person shall likewise be
ineligible to be employed by the City of Livonia, or by any de-
partment or agency thereof, in any capacity whatsoever.
Shall the Charter of the City of Livonia be
amended to add a Section 20 to Chapter X to
provide that "any person who shall at any
time have been convicted of a felony shall
be ineligible to hold any office, elective
or appointive, in the City of Livonia; nor
shall such person be employed by the City of
Livonia, or by any department or agency
thereof, in any capacity whatsoever."
Iii YES
i ) NO
that said proposed Charter amendment shall be published in full; that said
proposed amendment in full shall be posted in a conspicuous place in each
polling place; and that the canvass and determination of the votes on said
proposed amendment shall be made in accordance with the laws of the State
of Michigan.
Page 2152
A roll call vote was taken on the foregoing resolution with the following result:
AYES. Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
The City Clerk, Marie W. Clark, read a letter from the City Engineer dated
December 19, 1955 as to assessment for paving on Farmington Road of Trojan Building
Company.
By Councilman Whitehead, seconded by Councilman Kleinert, it was
#619-55 RESOLVED that, having considered thexecommendation of the City
Engineer dated December 19, 1955 for prepaid paving assessment on Lot
No. 2098 of Rosedale Gardens Subdivision #15, the Council does hereby
approve such recommendation and does establish the sum of $769.50 as the
amount necessary to assure payment of the future possible special assess-
ment against said lot; and that the Trojan Building Company, or its agent,
deposit with the City of Livonia the aforementioned sum and that the City
Treasurer place such deposit in the Special Trust Fund heretofore established
for such purposes.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
The City Clerk read a letter from the City Engineer dated December 19, 1955,
recommending payment of estimate #2 for repaving of Grandon Avenue.
By Councilman Kleinert, seconded by Councilman Whitehead, it was
#650-55 RESOLVED that, having considered the recommendation of the
City Engineer, W. R. McCary, dated December 19, 1955, the Council does
hereby approve payment of Estimate #2, contract of Weir Contracting
Company, dated September 20, 1955 for the repaving of Grandon Avenue,
as set forth in Special Assessment District #4, in the amount of
$17,032.23, and the City Clerk and City Treasurer are authorized to
do all things necessary to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
The City Clerk, Marie W. Clark, read letters froii residents on Clements
iw. Circle regarding refund of debt service rates, and letter dated December 9, 1955
from the Water Department.
Page 2153
By Councilman Kleinert, seconded by Councilman Carey and unanimously
adopted, it was
#651-55 RESOLVED that, the requests of David Lee and David Thomas for
sewer debt service refund be tabled until such time as Sewage Disposal
System No. 1 is legally dissolved.
By Councilman Carey, seconded by Councilman Whitehead, it was
#652-55 RESOLVED that
WHEREAS, the Council of the City of Livonia has considered the
request of St. Michael's Parish School to be relieved of paying for a
building permit for a proposed school addition, application for which is
now on file with the Inspection Department, and has in mind that upon
similar applications by the Livonia and Clarenceville School Districts,
the relief sought was granted,
NOW THEREFORE, BE IT RESOLVED that, all buildings, plumbing, electrical,
refrigeration and heating permits shall be issued without charge when work
is to be performed under direction of an architect and the Michigan Depart-
ment of Public Instruction, where such buildings are to be used in a cur-
riculum of education approved and under the direction of the State Department
of Public Education;
Services of employees of the Inspection Department shall be furnished
when requested in writing by the architect at an hourly charge of four
dollars ($)4.00) per hour, with time being charged from the time the em-
ployee leaves the office or other place of duty until the inspection is
completed;
Inspection fees for the sewer installation between the main line and
building, and water distribution system, when not performed under the
direction of the architect, shall be at the rate shown in the Supplementary
Schedule of Fees for Plumbing permits and Inspections adopted by the Council
on March 2/41 1952;
Service connections for water, storm sewers, and sanitary sewers shall
be at the rates established in applicable ordinances;
The City shall continue to make annual inspections and charge for
them at the rate established on March 24, 1952, or as amended;
The City shall continue to collect for any licenses required by the
ordinances of the City of Livonia;
On any alterations or additions to existing buildings or service in-
stallations, when the work is not to be performed under the direction of
an architect and the Michigan Department of Public Instruction, the schedule
of fees established by the City on March 2)4, 1952, as amended, shall apply.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam,Whitehead, Edgar, Carey and Daugherty.
NAYS: None.
rage el>4
Councilman Kleinert requested that he be excused from voting because of a personal
interest in this matter.
The President declared the resolution adopted.
By Councilman Edgar, seconded by Councilman Killam, it was
#653-55 RESOLVED that, the minutes of the 156th regular meeting of
the City Council held December 12, 1955 are approved as submitted.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Killam, Kleinert, Whitehead, Carey,Edgar and Daugherty.
NAYS: Jones.
The President declared the resolution adopted.
On motion of Councilman oihitehead, seconded by Councilman Carey and
unanimously adopted, this 157th regular meeting of the City Council was duly ad-
journed at 1:25 A. PC, December 20, 1955.
Ilariet, W. Clark, City Clerk
Attested:
Jo , laugher y, 'resident o th Council
4111.°9:'
Rudolf R. einert, Vice President of the Council