HomeMy WebLinkAboutCOUNCIL MINUTES 1956-03-12 Page 2238
MINUTES OF THE ONE HUNDRED SIXTY-SECOND REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On March 12, 1956, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:05 P. 114, by the
President of the Council, John T.Daughe:Ay. Councilman Kleinert delivered the
invocation. Roll was called with the following result: Present-- John T.Daugherty,
David L. Jones, Harry R. Kiliam, Rudolf R. Kleinert, John W. Whitehead, Nettie Carey
and Wilson W. Edgar. Absent-- None.
The Deputy City Clerk read the minutes of the 161st regular and adjourned
meetings.
By Councilman Kleinert, seconded by Councilman Whitehead and unanimously
adopted, it was
#1149-56 RESOLVED that, the minutes of the 161.st regular and adjourned
meetings of the City Council held February 27, 1956 and March 5, 1956,
are approved as read.
President Daugherty extended official greetings to Girl Scout Troop
No. 1083 from Harrison School.
The hour of 8:30 P. P4, having arrived,the City Clerk,Marie W. Clark,
opened and read the following bids for paving of sidewalks on Five Mile Road.
1. Verville-Rabaut, Inc., 16660 Merriman, Livonia $10,539.00
2. DeMaestri Cement Co., 34940 W. Six Mile, Livonia 9,953.50
3. Viau-Engler Bldg. Co., 18630 Floral, Livonia 9,5114.37
Dibasio & Turchetti„ 2574 Gray, Detroit 15 10,2146.25
5. Fort Wayne Coal & Construction Co., 6100 Vancouver,
Detroit 14 11,417.25
6. Suburban Cement Co. 21047 Dean, VanDyke, Michigan 10,539.00
By Councilman Whitehead, seconded by Councilman Kleinert and unanimously
adopted, it was
Page 2239
#150-56 RESOLVED that, the foregoing bids for paving of sidewalks on
Five Mile Road be referred to the City Engineer for report and recommenda-
tion.
By Councilman Jones, seconded by Councilman Whitehead, it was
#151-56 RESOLVED that, the Mayor and City Clerk are hereby authorized
to execute the signing of the easement requested by the Wayne County Road
Commission for property through the North 12 feet of City-owned property
in the Southwest 1/!; of Section 15, City of Livonia, Michigan.
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, reported that, with respect to the
ordinance introduced at the Council meeting held on the 23rd day of January, 1956,
by the terms of which it was proposed to grant a gas franchise to Consumers Power
Company, said ordinance has remained on the table for a period of thirty days, during
which period a copy thereof was on file in the office of the City Clerk for public
inspection; that on the 27th day of February, 1956, a full public hearing with
respect to the adoption of such f ranchise ordinance was held in the Council Chambers
of said City, at 8:00 o'clock P. M.; and that said franchise ordinance has been
approved as to legality and correctness of form by the City Attorney.
By Councilman Edgar, seconded by Councilman Carey, it was
#152-56 RESOLVED that, the ordinance which was introduced at the
Council meeting held on January 23, 1956, entitled as follows:
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 i.a the
CITY OF LIVONIA, WAYNE COUNTY, MICHIGAN, for a
period of thirty years.
be adopted.
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.
Page 22 .0
The President declared the ordinance duly adopted.
The acceptance of said franchise ordinance, duly executed by the Consumers
Power Company, was filed with the City Clerk.
By Councilman Whitehead, seconded by Councilman Kleinert, it was
#153-56 RESOLVED that, the acceptance be received and ordered recorded
in the minutes of this meeting.
ACCEPTANCE
The Consumers Power Company does hereby accept the terms of the
ordinance adopted on the 12th day of March, 1956, by the City Council of
the City of Livonia, Wayne County,Michigan, subject to the approval thereof
by at least three-fifths of the electors voting thereon at a regular or
special municipal election to be held in said City, which said ordinance
is entitled as follows:
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.
IN WITNESS WHEREOF, said Consumers Power Company has caused
this acceptance to be executed by its duly authorized officer, this
12 TH day of MARCH , 1956.
CONSUMERS POWER COMPANY
By H. S. Richmond, Vice President
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.
By Councilman Kleinert, seconded by Councilman Carey, it was
##151 -56 RESOLVED that
WHEREAS, the City Council of the City of Livonia has this day
adopted an ordinance entitled:
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.
Page 22!!1
the same being a public utility franchise; and,
WHEREAS, said Consumers Power Company has heretofore filed with
the City Clerk its written acceptance as provided in said ordinance; and,
WHEREAS, it is the desire of the City Council and of said Con-
sumers Power Company that the enactment of said franchise ordinance be
submitted to the vote of the electors of said City at a special election
to be held therein on Wednesday, the 16th day of May, 1956, and said
Grantee has indicated its willingness to pay in advance the expense of
holding such special election, as determined by the City Council;
NOW, THEREFORE, BE IT RESOLVED, that the sum of $3,500.00, be,
and the same is hereby determined as the expense of holding such special
election, which amount has been paid in advance by said Consumers Power
Company to the City Treasurer.
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.
By Councilman Jones, seconded by Councilman Killam, it was
#155-.56 RESOLVED, that a special City election be ordered to be held in
the City of Livonia, Wayne County, Michigan, on Wednesday, the 16th day
of May, 1956, for the purpose of submitting to the vote of the electors
of said City voting at such election, the question of approving the franchise
ordinance adopted by the City Council of said City at its meeting held on
the 12th day of March, 1956, which said ordinance is entitled as follows:
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.
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.
By Councilman Kleinert, seconded by Councilman Jones, it was
#156-56 RESOLVED, that the City Clerk be directed to give notice of the
submission of said question to the electors at said election in the manner
required by law and the City Charter; and that on the 30th day, as determined
by statute, prior to such election the Clerk shall review the registration
and shall register any qualified electors who are not registered and who
Page 2242
shall appear and apply therefor, notice of such registration to be given
in the manner required by law;
RESOLVED, FURTHER, that the Election Commission, consisting of
the City Clerk, as Chairman, the Mayor, and the City Attorney, are hereby
directed to prepare and supply necessary ballots for submitting such question,
which said ballots shall be substantially in the following form, to-wit:
OFFICIAL BALLOT
Shall the ordinance duly adopted by the
City Council of the City of Livonia, upon the 12th
day of March, 1956, entitled as follows:
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 cb a local gas business in the
City of Livonia, Wayne County, Michigan, for a
period of thirty years.
be ratified and approved?
YES
NO
INSTRUCTIONS
If you wish to vote in the affirmative, place
a cross in the square after the word "yes".
If you wish to vote in the negative, place a
cross in the square after the word "non.
Any other mark renders this ballot void.
FRANCHISE PROPOSITION
Do you favor ratifying and approving the
grant of the franchise ordinance to Consumers Power
Company for authority to lay, maintain and operate
gas mains, pipes and services, and to do a local
gas business in the City of Livonia, Wayne County,
Michigan, which ordinance was adopted by the City
Council on March 12, 1956?
YES
NO
RESOLVED, FURTH.ha„ that the inspectors of said election, im-
mediately after the closing of the polls, and without adjournment, shall
rage 223
publicly canvass the vote cast upon said proposition, and declare the result,
and upon the same day or the next day shall make a statement in writing,
setting forth in words at full length, the whole number of votes given
upon said proposition, and the number of votes for and against said proposi-
tion, which statement shall be certified under the hands of the inspectors
to be correct, and they shall deposit such statement, together with the
poll list and registry of electors, and the box or boxes containing the
ballots, in the office of the City Clerk;
RESOLVED, FURTHER, that the City Council shall convene upon the
first Thursday after such election at its usual meeting place in said
City, at 8:00 o'clock P. M., and shall thereupon publicly canvass the
returns and determine the result of the election upon said proposition
voted upon, and the City Clerk shall thereupon make duplicate certificates
of such determination, showing the result of such election upon the said
proposition, one of which certificates he shall file in the office of the
County Clerk of the County of Wayne, and the other shall be filed in the
office of said City Clerk;
RESOLVED, FURTHER, that within ten days after the date of the
next regular meeting of the City Council, the City Clerk shall cause to
be published in The Livonian, the official newspaper of the City of Livonia,
a copy of the proceedings of this meeting and a copy of said franchise
ordinance, and that he shall also, immediately after such publishing, enter
the said ordinance and the dates of introduction and enactment and the vote
of the Council thereon in The Record of Ordinances of said City, and shall
certify thereto under his hand, stating the manner and dates of such
publishing.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Kleinert, tihitehead, Carey, Edgar and Daugherty.
NAYS: None.
By Councilman Edgar, seconded by Councilman Jones and unanimously
adopted, it was
#157-56 RESOLVED that
WHEREAS, 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 whereas 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 whereas 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;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of
Livonia hereby goes on record as favoring in principle 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;
Page 22)01
AND BE IT FURTHER RESOLVED, that the Council again affirms its
support of plans for interim census counts, as expressed in previous
resolutions of this body;
AND BE Tr FURTHER RESOLVED, that the Council supports in principle
the penciling bill to create a "sales tax equalization fund" to be disbursed
to municipalities which have obtained a special census count, and any other
legislation designed to remedy the inequities of the present situation;
AND BE IT FURTHER RESOLVED, that copies of this resolution be
transmitted by the City Clerk to the Governor, and to the Senate and House
members for the districts of which Livonia is a part, and to the sponsor
of the equalization bill.
Certain residents appeared before the Council with questions and comments
regarding vacating of an alley as covered by Petitions No. V-10 and V-12.
By Councilman Jones, seconded by Councilman Killam and unanimously
adopted, it was
#I58-56 RESOLVED that, the recommendation of the City Planning Commission
dated February 23, 1956, as to Petitions No. V-10 and V-12 for vacating a
portion of the alley in the Northwest 1/4 of Section 11 is approved, and
the City Attorney is directed to prepare an ordinance consistent with
this resolution.
By Councilman Jones, seconded by Councilman Whitehead, it was
#159-56 RESOLVED that, upon recommendation of the City .Angineer, the
bid of Viau Engler Building Corporation, for the paving of sidewalks on
Five Mile Road, be accepted and that the deposits of the other bidders
be refunded.
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.
A recess was cniled at 9:41 P. N., after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting.
By Councilman Whitehead, seconded by Councilman Jones and unanimously
adopted, it was
#160-56 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.
Page 22 .5
The Clerk read a letter dated March 8, 1956, from Chief Calvin Roberts
of the Fire Department, requesting an appropriation.
The President relinquished the chair to the Vice President at 10:]J4 P. M.
By Councilman Daugherty, seconded by Councilman Jones, it was
#161-56 RESOLVED that, the sum of $16,140.00 is hereby appropriated from
the Unallocated Fund to the Salary Account of the Fire Department, and that
the 63 hour work week be established effective April 1, 1956, instead of
June 1, 1956, as previously established under resolution #132-56, or at
such later date as the Civil Service Commission can furnish eligible per-
sonnel in conformity with the recommendation of the Fire Chief dated
March 8, 1956.
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 President resumed the chair at 10:21 P.M.
The Clerk read a letter dated March 9, 1956 from the Northeast Livonia
Civic Association. Members of the Civic Association appeared before the Council.
By Councilman Kleinert, seconded by Councilman Jones and unanimously
adopted, it was
#162-56 RESOLVED that, the letter dated March 9, 1956, from the North-
east Livonia Civic Association is hereby referred to the Department of
Public Works and City Engineer for report and recommendation.
The Clerk read a letter from the City Planning Commission regarding
Petition No. Z-13La.
By Councilman Kleinert, seconded by Councilman Carey and unanimously
adopted, it was
#163-56 RESOLVED that, the report and recommendation of the City Planning
Commission dated March 8, 1956, as to Petition No. Z-134a as submitted by
Ernest P. LaJoie, et al, for change of zoning classification in the North-
east 144 of Section 32 from RUFB to C-2 and R-1-A is approved, and the City
Attorney is directed to prepare an amendnent to Ordinance No. 60 in accordance
with this resolution.
The Clerk r ead a letter from the City Planning Commission regarding
Petition No. Z-138a.
Page 2246
By Councilman Edgar, seconded by Councilman Kleinert and unanimously
adopted, it was
#164-56 RESOLVED that, the report and recommendation of the City Planning
Commission dated March 8, 1956, as to Petition No. Z-138a, as an ended, as
submitted by Fred and Celia Schmidt and Local 182, UAW-CIO Building Corpora-
tion for change of zoning classification in the Northeast 1/4 of Section 32
from RUFB to C-2 and 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.
The Clerk read a letter from the City Planning Commission regarding Petition
No. Z-149 and letters from Sgt. Robert Campbell and Sgt.Robert Baumgartner of the
Livonia Police Department. Councilman Edgar stated that the letters from the Police
Department, in his opinion, were out of order.
By Councilman Whitehead, seconded by Councilman Kleinert, it was
#165-56 RESOLVED that, the report and recommendation of the City Planning
Commission dated March 8, 1956, as to Petition No. Z-149, as amended, and
submitted by Harry Slatkin Builders, Inc., and Fred and Pauline R. Eberhardt
for change of zoning classification in the Northeast 1/4 of Section 32 from
RUFB to C-2 and 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: *Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
*Councilman Jones abstained from voting because of conflict of interest, which under
Ordinance No. 27, Section 19, is recorded as a yes vote.
The Clerk read a letter from the City Planning Commission in regard to
acquiring property to extend Arthur and Yale Avenues North to Plymouth Road.
By Councilman Kleinert, seconded by Councilman Edgar and unanimously
adopted, it was
#166-56 RESOLVED that, having considered the recommendation of the City
Panning Commission dated February 23, 1956, as to extension of Arthur and
Yale Avenues North to Plymouth Road, the mWtter is hereby referred to the
City Engineer for proper description of the property and the City Attorney
for preparation of proper legal steps to acquire the necessary property.
Page 2247
The Clerk read a letter dated February 29, 1956 from the Bel Aire Woods
Civic Association as to completion of paving of West Chicago Road, accompanied by
signatures of residents.
Councilman Whitehead was excused at 11:52 P.M., and returned at 11:55 P.M.
By Councilman Edgar, seconded by Councilmen Carey, it was
#167-56 RESOLVED that, the paving of West Chicago Road and the recommenda-
tion of the City Planning Commission dated March 2, 1956, as to Half Mile
Streets is hereby tabled until such time as the Council receives a further
report from the City Planning Commission.
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 President declared the resolution adopted.
The Clerk read a letter dated March 7, 1956, from the City Attorney regard-
ing the contract of Albe Munson, Planning Consultant.
By Councilman Jones, seconded by Councilman Killam and unanimously
adopted, it was
#168-56 RESOLVED that, the 1-resident appoint a committee of two members
of the Council to meet with two members of the City Planning Commission,
the City Attorney and Albe Munson, Planning Consultant, to consider the
proposed contract of Mr. Munson, and report to the Council their recommenda-
tions.
John T.Daugherty and Rudolf R.Kleinert were appointed to serve on this
committee.
By Councilman Kleinert, seconded by Councilman Jones and unanimously
adopted, it was
#169-56 RESOLVED that, the Drive-In Theatre Ordinance as written be
considered next Monday night, March 19, 1956, at 8:00 o'clock P. M.,
and that the various Civic Organizations be so advised and that all
Council candidates in the coming election be furnished a copy of this
ordinance and be invited to listen in on the discussion.
Councilman Killam,was excused at 12:31 A.M., and returned at 12:33 A. M.
Page 2248
Councilman Kleinert introduced the following Ordinance:
NO.
AN ORDINANCE AMENDING SECTIONS 9, 12 and 24
OF THE ZONING MAP OF THE CITY OF LIVONIA,
AND AWNDING ARTICLE 3.00 OF THE ZONING OR-
DINANCE, ORDINANCE NO. 60, OF THE CITY OF
LIVONIA, BY ADDING THERETO SECTIONS 3.83,
3.84 AND 3.85
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendations of the City Planning Commission
dated February 9, 956, on Petitions No. Z-146,132a and Z-1114, and the report and re-
commendations of the City Planning Commission dated February 21, 1956 on Petition No.
Z-151 having been considered by the Council, the Council hereby adopts said petitions
to amend the Zoning Ordinance and the Zoning Map of the City of Livonia; and all pro-
ceedings heretofore conducted on said petitions are hereby approved.
Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60 of the
City of Livonia, is hereby amended by adding thereto the following sections:
Section 3.83. Petition No. Z-146, 132a of Alma E. Wolfram and
Gordon-Begin Investment Company, is hereby granted; the zoning classification
of the premises described in said petition is hereby changed from R-U-F-B to
R-1-A as requested in said petition; and the West 1/2 of Section 24 of said
Zoning Map is hereby amended to conform to the change made in this section.
Section 3.84. Petition No. Z-1)1h of Mark T. Jacobson, Edward Rose
& Sons, Inc., is hereby granted; the zoning classification of the premises
described in said petition is hereby changed from R-1-B and C-1 to C-2 as
requested in said petition; and the Southeast 1/11 of Section 12 of said
Zoning Map is hereby amended to conform to the change made in this section.
Section 3.85. Petition No. Z-151 of Orr Brothers, James Orr, is
hereby granted; the zoning classification of the premises described in said
petition is hereby changed from R-1 to C-2 as requested in said petition;
anti the Northeast 1/11 of Section 9 of said Zoning Map is hereby amended to
conform to the change made in this Section.
Section 3. The attached map designated "Amendment No. 22 of the Zoning Map
of the City of Livonia" showing all of the amencknents and changes made in the fore-
going Section 2 of this ordinance, is hereby approved, established and made a part
hereof.
Section 4. 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 5. 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
Page 22!49
remaining portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council, March 26, 1956.
Councilman Kleinert introduced the following Ordinance:
NO.
AN ORDINANCE ESTABLISHING SESSIONS FOR
THE JUSTICE OF THE PEACE, HOURS OF HOLD-
ING COURT, PLACE OF HOLDING COURT, AND
PROVIDING FOR REGULATION OF HEARING DATES.
THE CITY OF LIVONIA ORDAINS:
Section 1. The Justice of the Peace of the City of Livonia shall hold
regular sessions of court each week day, except Saturdays and public holidays,
throughout the year. The court hours shall be from 9:30 A. M., to 12:00 noon,
except that if the business of the court for any day cannot be concluded by noon,
the Justice may, in his discretion, continue to sit through the afternoon.
Section 2. The Justice may hold court on such other days, and during
such other hours, in addition to the sessions fixed in Section 1, as may in his
discretion, be expedient to serve the needs of Justice.
Section 3. All sessions of court shall be held in the Court House at
33211 Seven Mile Road, provided,however, that in case of emergency, or other special
circumstances of a substantial character, the sessions may be held at some other
suitable and appropriate place.
Section 4. The Justice shall establish certain days for the hearing of
traffic cases and other violations of City ordinances, in a sufficient number to
promptly and properly expedite the handling of such matters; and certain other days
for the hearing of offenses against State laws; and reasonable periods for the trans-
action of such civil litigation as may be brought in his court.
Section 5. All ordinances or parts thereof in conflict herewith are
hereby repealed.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council, March 26, 1956.
The report of the Justice Court and Violations Bureau for the month of
Page 220
February, 1956, was received and placed on file.
On motion of Councilman Kleinert, seconded by Councilman Jones and
unanimously adopted, this 162nd regular meeting of the City Council was adjourned
to Monday, March 19, 1956, at 8:00 o'clock P. M., the time of this adjournment
being 12:52 A. M., March 13, 1956.
Marie`W. Clark, City Clerk
Attested: /
Jo. erty, • eside of the 6.unci
Rudolf R. `'leinert, Vice President of the Council