Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1956-01-23 Page 2178 MINUTES OF THE ONE HUNDRED FIFTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 23, 1956, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:06 P. M., by the Vice President of the Council, Rudolf R. Kleinert. Roll was called with the follow- ing result: Present-- Rudolf R. Kleinert, David L. Jones, John W.Whitehead, Nettie Carey and Wilson W. Edgar. Absent-- *John T. Daugherty and *Harry R. Kiliani. The City Clerk, Marie W. Clark, read the minutes of the 158th regular and adjourned meetings. *John T. Daugherty arrived at 8:20 P. M., and took the Chair. By Councilman Jones, seconded by Councilman Whitehead and unanimously adopted, it was #45-56 RESOLVED that, the minutes of the 158th regular meeting of the City Council held January 9, 1956, and the adjourned 158th regular meet- ing held January 16, 1956, are approved as read. The hour of 8:30 P.M., having arrived, the City Clerk opened and read the following bids: THREE MOBILE RADIO UNITS - Police Department. 1. General Electric Co. $1,271.25 Net 30 days, FOB Utica, N. Y. 2. Motorola, Inc. $1,113.18 Net 20 days, 5% discount By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #L6-56 RESOLVED that, the foregoing bids for Three Mobile Radio Units for the Police Department be referred to the Director of Public Safety for report and recommendation. LIQUID CALCIUM CHOLJRIDE - Department of Public Works 1. International Salt Co. No bid 2. dyandotte Chemicals Corporation No bid 3. A. F. Posnick & Co. $ 9.L2 per ton b. Producers Transport, Inc. $10.05 per ton 5. Michigan Chemical Corporation St. Louis, Mich. $ 8.59 per ton Page 2179 By Councilman Edgar, seconded by Councilman Carey and unanimously adopted, it was #47-56 RESOLVED that, the foregoing bids for Liquid Calcium Chloride be referred to the Superintendent of Public Works for report and re- commendation. By Councilman Kleinert, seconded by Councilman Whitehead and unanimously adopted, it was #48-56 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. The City Clerk, Marie W. Clark, read letter dated January 19, 1956 from the City Planning Commission as to Petition No. Z-136 of Samuel I. Clark and re- lating correspondence. Mr. William D. Gilbride, representing Samuel I. Clark, and Mr. Leonard Garbow, representing residents, appeared before the Council. *Councilman Harry R. Killam arrived at 8:58 P. M. By Councilman Edgar, seconded by Councilman Kleinert and unanimously adopted, it was #49-56 RESOLVED that, the report and recommendation of the City Planning Commission dated January 19, 1956 as to Petition No. Z-136 of Samuel I. Clark for change of zoning classification in the Southwest 1/4 of Section 5 from AG-B to C-2 is approved and such petition is hereby denied. A recess was called at 9:16 P. M., after which the meeting resumed with all members present who were named as present in the original roll call of this meeting, including Councilmen Daugherty and Killam. The City Clerk, Marie W. Clark, read a letter dated September 15, 1955 from the City Planning Commission as to Petition No. Z-120 and letter dated January 4, 1956 from Unity Construction Company, together with other correspondence pertain- ing to this petition. Representatives of the petitioner and various civic associations were heard by the Council on this matter. By Councilman Kleinert, seconded by Councilman Edgar, it was RESOLVED that, in view of the fact that an agreement has been reached with the School Board and provided that the petition is amended Page 2180 to request R-1-A classification, the Council does concur with the recommendation of the City Planning Commission and Petition No. Z-120 is hereby approved. President Daugherty relinquished the chair to Vice President Kleinert at 10:08 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Edgar and Kleinert. NAYS: Jones, Killam, Whitehead, Carey and Daugherty. The Vice President declared the resolution denied. By Councilman Jones, seconded by Councilman Whitehead, it was #50-56 RESOLVED that, the report and recommendation of the City Planning Commission dated September 15, 1955 as to Petition No. Z-120 of Jack Cole- man, Unity Construction Company, for change of zoning classification in the Northeast 1/4 of Section 23 from RUFB to R-1-B has been considered, and such petition is hereby denied. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Whitehead, Carey, Edgar and Daugherty. NAYS: Kleinert. The Vice President declared the resolution adopted. President Daugherty resumed the chair at 10:11 P. M. By Councilman Edgar, seconded by Councilman Killam and unanimously adopted, it was #51-56 RESOLVED that, the City Planning Commission is hereby requested to make its recommendation on the proposed RU zoning to the Council at the earliest possible date. The City Clerk, Marie W. Clark, read a letter dated January 12, 1956 from the City Planning L'ommission as to Petition No. Z-1L12 and other correspondence relating to this matter. The President relinquished the chair to the Vice President at 10:31 P. M. By Councilman Jones, seconded by Councilman Daugherty, it was RESOLVED that, Petition No. Z-1142 of Mr. Henry Koloff, Koloff Builders, Inc., for change of zoning classification in the Northwest 1/4 Page 2181 of Section 21 from AG-B to R-1-A is hereby denied. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty and Jones. NAYS: Killam, Whitehead, Carey, Edgar and Kleinert. The Vice President declared the resolution denied. By Councilman Edgar, seconded by Councilman Carey, it was #52-56 RESOLVED that, the report and recommendation of the City Planning Commission dated January 12, 1956 as to Petition No. Z-112 as amended, of Henry Koloff and Harold H. and Irene V. Long, for change of zoning classifi- cation in the Northwest 1/4 of Section 21 from AG-B to R-1-A is approved, and the City Attorney is directed to prepare an amendment to Zoning Ordinance No. 60 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Whitehead, Carey, Edgar and Kleinert. NAYS: Daugherty and Jones. The Vice President declared the resolution adopted. The President resumed the chair at 10:33 P. M. The City Clerk, Marie W. Clark, read a letter dated January 19, 1956 from the City Planning Commission as to Petition No. V-13 and relating correspondence. Mr. Donald Bachman represented the petitioners. By Councilman Kleinert, seconded by Councilman Carey, it was #53-56 RESOLVED that, the report and recommendation of the City Planning Commission dated January 19, 1956 as to Petition No. V-13 as aubmitted by Carl Olson, President, Parkview Acres Association, for vacating of Harrison Avenue from Six Mile to Seven Mile Roads in Section 12 is approved and such petition is hereby denied. 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. The City Clerk, Marie W. Clark, read a letter dated January 23, 1956 from Consumers Power Company requesting adopti on of a franchise ordinance. Page 2182 Councilman Kleinert introduced the following Ordinance. NO. AN ORDINANCE, GRANTING TO CONSUMERS POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, POWER AND AUTHORITY TO LAY, MAINTAIN AND OPERATE GAS MAINS, PIPES AND SERVICES ON, ALONG, ACROSS AND UNDER THE HIGHWAYS, STREETS, ALLEYS, BRIDGES AND OTHER PUB- LIC PLACES, AND TO DO A LOCAL GAS BUSINESS IN THE CITY OF LIVONIA, WAYNE COUNTY, MICHIGAN, FOR A PERIOD OF THIRTY YEARS. THE CITY OF LIVONIA ORDAINS: Section 1. That wherever the word "Grantee" appears in this ordinance, it is hereby intended to designate, and shall be held to refer to the Consumers Power Company, a corporation duly authorized to do business in the State of Michigan, its successors and assigns. Section 2. The right, power and authority is hereby granted and vested in said Grantee to lay, maintain and operate gas mains, pipes and services on, along, across and under the highways, streets, alleys, bridges and other public places, and to do a local gas business in the City of Livonia, Wayne County, Michigan, for a period of thirty years. Section 3. In consideration of the rights, power and authority hereby granted, all of which shall vest in the Grantee for a period of thirty (30) years as aforesaid, said Grantee shall faithfully perform all things required by the terms hereof. Section Li. No highway, street, alley, bridge, or other public place used by said Grantee shall be obstructed longer than necessary during the work of con- struction or repair, and shall be restored to the same good order and condition as when such work was commenced. No part of the highways, streets, alleys, bridges or other public places of said City shall be permitted to remain in a dangerous or un- safe condition by reason of anything done or omitted to be done by the Grantee, and it shall be liable for such damage as may be suffered by any person or corporation by reason of its negligence in the use of such highways, streets, alleys, bridges, or other public places, and shall save harmless said City from all damage and liability on account thereof. Section 5. The Grantee shall be entitled to charge the inhabitants of said City for gas, the rates as shown by the schedule now on file in the office of the City Clerk, unless and until the Michigan Public Service Commission or its successorsto which Commission the authority and jurisdiction to fix and alter gas rates in said City is hereby granted and conferred for the term of this franchise, shall fix and establish different rates, in which case the rates so fixed and established, if just and reasonable, shall prevail. Such rates shall be subject to review and change at any time during the term of this franchise, upon petition therefor being made by either the City of Livonia, acting by its City Council, or by said Grantee. All bills for gas furnished by the Grantee shall be payable monthly. The Page 2183 Grantee may collect the minimum charges as specified in said schedule. The Grantee shall also furnish and maintain commercially accurate meters to measure the gas so furnished, and it shall, by its representatives, have at all reasonable times, access to the premises of its customers for the purpose of reading, inspecting, removing and replacing such meters. Section 6. Said Grantee shall construct aid extend its gas distribution system within said City, and shall furnish gas to applicants residing therein when- ever the amount of gas to be furnished thereby shall provide an adequate and reason- able return upon the cost of making such extensions and providing such service. Section 7. The rights and authority herein granted are not exclusive. Either manufactured or natural gas may be furnished hereunder. Section 8. Said Grantee shall, as to all other conditions and elements of service not herein fixed, be and remain subject to the reasonable rules and regula- tions of the Michigan Public Service Commission or its successors, applicable to gas service in said City. Section 9. This franchise may- be leased, assigned or otherwise alienated by said Grantee with the consent of the Michigan Public Service Commission or its successors, and in the manner subject to such conditions as said Public Service Com- mission or its successors may impose. Section 10. The violation of any of the terms of this ordinance by the Grantee shall subject the Grantee to the payment of a fine of not to exceed twenty- five dollars ($25.00). Section 11. The franchise granted by this ordinance is not subject to re- vocgtion, and shall be and become valid and binding only upon its approval of the City voting thereon at a regular or special municipal election to be held in the manner provided by law. Such franchise shall not be submitted to the electors unless the Grantee shall , within thirty days after the adoption of this ordinance, file with the City Clerk its written acceptance thereof, subject only to such approval; and such franchise, when accepted by the Grantee and approved by the electors as herein provided, shall constitute a contract between the City and the Grantee, and shall be in force and effect for the term of thirty years from and after the date of ap- proval by said electors. By Councilman Whitehead, seconded by Councilman Jones and unanimously adopted, it was #54-56 RESOLVED that, said Ordinance as introduced, remain on the table for at least thirty days, and that a copy thereof be kept on file with the City Cleric for public inspection for said period of thirty days before its final adoption, and that a full public hearing be held with respect to the adoption of said Ordinance, said hearing to be held in the council Chambers on the 27th day of February, 1956, at 8:00 o'clock P.M., and that at such hearing the inhabitants of the City of Livonia be given an opportunity to meet and discuss the proposed franchise ordinance, and that the City Clerk give notice of said public hearing by publishing within a reasonable time from the date of this meeting, a notice setting forth the purpose and time Page 21814 and place of said meeting, in The Livonian, the official newspaper of the City of Livonia. By Councilman Kla nert, seconded by Councilman Carey and unanimously adopted, it was #55-56 RESOLED that the proceedings of this meeting be published within a reasonable time fro* the date of this meeting in the above newspaper. President Daugherty read the following report dated January 2 3, 1956: "Last Monday night, January 16, 1956, our City Council passed a resolution authorizing the expenditure of City funds to cover replacement of personnel in the Police Department, due to four men being off work either from illness or injury. "The action taken by the Council was based upon the recommendation of the Mayor and Commissioner of Public Safety Steiner. The report from Commissioner Steiner included a break-down of the sick and injured employees and the reasons for their absence. One of the employees was Detective Carl Patterson, who, accord- ing to the report, was convalescing from broncheo-pneumonia and would be off three to four weeks, that Patterson should go to a warmer climate to avoid possibility of incurring a second attack which would then, in all probability, lead to tuber culosis. The information on this case allegedly came from Harper Hospital to Police Chief George Harmon. "Action by the Council was unanimous and I, as Council President, re- commended approval of the recommendations to the Council by the Mayor. "Wednesday, January 18, 1956, at approximately 12:10 P. M., I stopped at a gas station at Five Mile Road and Farmington for gasoline. To my amazement and indignation, I saw Detective Patterson working on a car. I questioned him as to his rapid recovery. The following is a digest of information from the conversation. "Harmon called Patterson Sunday night, January 15th, at which time Patterson stated he could return to work by Wednesday, January 18th. Harmon said Patterson would have to have a physical or X-rays before his return to work. On Tuesday, January 17th, Patterson called his immediate superior, Detective Sergeant Turner to report that he had a letter from his Doctor approving his return to work on Wednesday, January 18th. Turner called Patterson back the same day stating that Harmon and he would require Patterson to report to Civil Service before his return to wnrkfor whatever action the Commission deemed necessary. "I called Commissioner Steiner Wednesday, January 18th, to inquire about the situation. He stated he would investigate. Harmon called me the same night but refused to divulge from whom or what source at Harper Hospital he had obtained his medical information on Patterson's case. "I called Mr. Sejnost, Associate Director of Harper Hospital Friday, January 20th, to inquire from whom the information had been obtained. Mr.Sejnost has given me permission to quote him to the effect that no authorized report was given to Chief Harmon and that the picture of Patterson's condition was not an accurate one. Rather, the chart of Patterson's case indicated treatment for acute bronchitis, certainly not pneumonia. He stated he will send me a confirming letter on the dt uati on. Page 2185 "Our Council must rely on the authenticity of reports by department heads in order to pass legislation and the expenditure of City funds. Therefore, a falsi- fication of a report such as exists in this case certainly justifies serious con- sideration by the Council and Mayor as to charges against the officials making such false reports. "I am specifically recommending that the Council rescind the action taken January 16th, at least the portion dealing with replacement for Patterson, and that a joint meeting of Civil Service, Council, the Mayor and Commissioner of Public Safety Steiner, and Chief Harmon be held to clarify this situation." By Councilman Whitehead, seconded by Councilman Edgar, it was RESOLVED that, the Council rescind its previous resolution to appropriate funds to the Police Department and comply with the recommenda- tion contained in letter of John Daugherty, dated January 23, 1956, as presented at this meeting. By Councilman Kleinert, seconded by Councilman Killam, it was RESOLVED that, the report of John T. Daugherty, dated January 23, 1956 be received and that such report be tabled pending action at a later time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Kleinert and Carey. NAYS: Jones, Whitehead, Edgar and Daugherty. The President declared the resolution denied. By Councilman Jones, seconded by Councilman Killam, it was RESOLVED that, the foregoing resolution be amended to cover only the case of Detective Patterson. A roll call vote was taken on the amen.dment with the following result: AYES: Jones, ni 1l am and Carey. HAYS: Kleinert, Whitehead, Edgar and Daugherty. The President declared the amendment denied. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Carey and Daugherty. NAYS: Kleinert, Whitehead and Edgar. Imo The President declaredthe resolution was denied because of lack of a 2/3 majority. By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was Page 2186 #56-56 RESOLVED that, the report dated January 23, 1956 from John T. Daugherty be received arra the Council President authorized to call a meet- ing of the Council, the Director of Public Safety, the Civil Service Com- mission and the Mayor for the purpose of investigating this matter. By Councilman Kleinert, seconded by Councilman Carey, it was #57-56 RESOLVED that, on recommendation of the Director of Public Safety, the bid of Motorola, Inc. , for three mobile radios for the Police Department, in the amount of $1,1113.18 is hereby accepted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Kleinert, Whit ehead, Carey and Edgar. NAYS: Daugherty. The President declared the r esoluti on adopted. By Councilman Edgar, seconded by Councilman Whitehead, it was #58-56 RESOLVED that, on recommendation of the Superintendent of Public Works, the bid of Michigan Chemical Corporation for Liquid Calcium Chloride for the Department of Public Works in the amount of $8.59 per ton is hereby accepted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NMES: None. A discussion was held on changing the salaries of the members of the City Council, pursuant to a prep osed Charter amendment on this subject, which matter was held over until the adjourned session of this meeting, January 30, 1956. An Ordinance entitled "An Ordinance Amending Sections 12 and 33 of the Zoning Map of the City of Livonia, and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, of the City of Livonia, by Adding Thereto Sections 3.78 and 3.79", introduced by Councilman Kleinert January 16, 1956, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: None. The President declared the ordinance duly adopted and would become effective on date of publi cation, February 16, 1956. Page 2187 By Councilman Jones, seconded by Councilman Killam, it was #59-56 RESOLVED that WHEREAS, the Board of County Road Commissioners of Wayne County, pursuant to the provisions of a contract between it and the City of Livonia, dated as of March 21, 1955, and supplemental contract between the sane parties dated as of August 24, 1955, did advertise for proposals for the construction of sanitary and storm sewers in the City of Livonia, Michigan, to be opened at its offices in the City County Building, Detroit, VIchigan, at 10:00 A. M., December 27, 1955; and WHEREAS; at the time and place appointed, the bids were publicly opened and read, and the firm of S. Weissman Excavating Company, Inc., 15496 Telegraph Road, Detroit, was the low bidder on 'Section 3 of said project, in the amount of $570,182.85, which bid was accompanied by a bid bond with said bidder as principal, and Michigan Surety Company of Lansing, Michigan, as surety, dated December 27, 1955, in the penal sum of five (5%) per cent of the amount of the bid conditioned that the bidder should enter into a contract within ten days after date of award; and WHEREAS, under date of January 5, 1956, the aforesaid Board did award the contract on Section 3 to said low bidder; and WHEREAS, the said ten day period has elapsed, and the bidder has informed the Board that it is unable to procure a satisfactory performance and lien bond as required by the proposal, the specifications of the Board and the laws of the State of Michigan ; and WHEREAS, the Board has heretofore on January 19, 1956 declared the bid bond of said bidder and surety forfeited, and notified them thereof; and WHEREAS, the Board has resolved, as of January 19, 1956, that new proposals be advertised and bids taken for the construction of Section 3 of the storm and sanitary sewer project in the City of Livonia, fixing the date of January 31, 1956 for receiving such bids; NOW, THEREFORE, BE IT RESOLVED, that the action of the Board of County Road Commissioners of the County of Wayne, relative to the for- feiture of the bid bond of S. Weissnan Excavating Company, Inc., and the advertising of new proposals and taking of new bids, as hereinbefore described, be and the sane hereby is ratified, adopted arra confirmed. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Kiliam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: None. By Councilman Kleinert, seconded by Councilman Killam and unanimously Ladopted, it was #60-56 RESOLVED that, the report and recommendation of the City Planning Page 2188 Commission dated January 19, 1956, as to Petition No. Z-133 of Simon S. Kaplan and Irving H.Steinberg„ Eskay Homes, Inc., for change of zoning classification in the Southwest l/1 of Section 35 from RUFB to R-1-A is approved and such petition is hereby denied. By Councilman Kleinert, seconded by Councilman Carey and unanimously adopted, it was #61-56 RESOLVED that, the final plats of Hearthstone Subdivision, located on the South side of Eight Mile Road approximately 300 feet East of Parkviile Avenue in the West 1/2 of Section 1 are hereby ap- proved. On motion of Councilman Killam, seconded by Councilman Jones and unanimously adopted, this 159th regular meting of the City Council was adjourned to Monday, January 30, 1956, at 8:00 o'clock P. M., the time of this adjournment being 12:24 A. M., January 2L, 1956. Marie W. Clark, City Clerk Attested: llb o ;71%cer y, ` eside off' he' ounc Rudolf .•I e i , Vice President of the Council