HomeMy WebLinkAboutCOUNCIL MINUTES 1954-12-13 Page 1683
MINUTES OF TIS, ONE HUNDRED THIRTY—SECCND REGULAR MEETING
LF THE COUNCIL OF TI-f, CITY OF T,TVONIA
On December 13, 1954, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at a ) 'roximately 8:06 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 Kleinert, seconded by Councilman Jones and unanimously
adopted, it was
#1887 RE SOLV EED, that the minutes of the 131st regular meeting held
November 22, 1954, and the adjourned 131st regular n a Bing held November
29, 1954, are approved as read.
The hour of 8:30 P. M., having arrived, the City Clerk thereupon opened
and read the following bid for equipment for the Department of Public Works.
One Air Operated Truck Hoist
Wayne Motor Supply, Inc. $ 1,775.00
By Councilman Kleinert, seconded by Councilman Jones ani unanimously
adopted, it was
#1888 RESOLVEED, that the foregoing bid for equipment for the Depart—
ment of Public Works be referred to Mr. W. R. McCary, Superintendent,
for recommendation to the Council .
By Councilman Kleinert, seconded by Councilman Killam, it was
#1889 RESOLVED, that the letter from the Mayor dated December 3, 1954,
vetoing resolution No. 1877, be received and placed on file and that this
matter be tabled. rl
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 Pre sid ent declared the re solution adopted.
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By Councilman Kleinert, seconded by Councilman Edgar, it was
#1890 RESOLVED, that
WHEREAS, the Mayor 's letter of December 10, 1954, does veto the Council
action expressed in resolution No. 1860, and
WHEREAS, a decision of Judge George Edwards, rendered on December 10, 1954,
in Chancery Case No. 524,017, has not yet been fully clarified as to the
authority of the Council in the making of salary adjustments, and yet
WHEREAS, the Council must take immediate action on the veto as presented,
NOW THEREFORE, BE IT RESOLVED, that resolution No. 1860 be and hereby is
readopted in its entirety, the sane as if it were word for word repeated
herein, and
BE IT FURTHER RESOLVED, that if the decision of Judge Edwards is later
confirmed to deny authority for taking this action, this resolution shall
be of no effect and any monies withheld by reason of the resolution shall
immediately become due and payable.
By Co gcilman Edgar, seconded by Councilman Whltehe ad, it was
#1891 RESOLVED, that Mr. Chris M. Youngjohn be granted permission to
appear before the Council and explain the opinion handed down by Judge
Ime George Edwards in Wayne County Circuit Court Chancery Case No. 524,017.
A roll call vote was taken on the fore going resolution with the following result:
AYES: Killam, Kleinert, Whitehead, Edgar, Carey and Daugherty.
NAYS: Jones.
The President declared the resolution adopted.
After hearing certain remarks of Mr. Chris M. Youngjohn, attorney, the
President asked for a roll call vote on resolution No. 1890, with the following result:
AYES: Killam, Kleinert, Whitehead, Edgar, Carey and Daugherty.
NAYS: Jones.
The President declared the resolution adopted.
President Daugherty read the following let„er dated December 13, 1954,
addr ssed to Mayor E. M. Hartom:
"Last Friday, December 10, 1954, Judge George Edwards of the Wayne
County Circuit Court, announced his decision in the Chancery Case
involving City Attorney Russell Ashmore vs. five (5) members of the
Livonia City Council and the City Clerk. 4ccordingly, as President
of the City Council of Livonia, I wish to address you in my official
Page 16$5
capacity concerning this problem which has become a matter of
great public importance to the office of the Mayor as well as
the City Council.
"The Court has ruled that the removal of the City Attorney is
only within the power of the Mayor of Livonia.
"The Court also ruled that Mr. Ashmore has failed to prove any
conspiracy on the part of the defendants.
"The Court ruled that Mr. Ashmore failed to prove any legal malice
in actions taken in the resolutions regarding Mr. Ashmore.
"The Court ruled no documents had been withheld and that the City Clerk
had not tampered with U. S. mail addressed to Mr. Ashmore -- on this
point Judge Edwards stated that this charge unsupported, was an abuse
of the process of that Court.
"He ruled that the Council had ample grounds from their viewpoint,
for their dissatisfaction of the performance of Mr. Ashmore to pro-
vide a reasonable legislative basis for the passage of the resolu-
tions on this matter.
"The above rulings completely vindicate the defendants and even more
important, and morally justify the action of the Council in attempt-
ing to correct a serious problem, which the Mayor refused to recognize.
Low "This matter was repeatedly called to Mr. Ashmore and your attention
privately by myself, before it evar became a public issue.
"The Council and other departments and commissions of our City
Government had indicated their disapproval of Mr. Ashmore' s per-
formance. At least two City organizations oubli_cly stated their
disapproval of the City Attorney's actions. Yet you encouraged
Mr. Ashmore to remain. As a co nseole nce, there has resulted en-
couragement of the publishing of distorted charges against members
of this City Government, none of them ever substantiated, many of
the charges which you knew to be false.
"The Council has done everything possible to correct this situation.
Their actions now have been recognized as having been based on good
judgment and good faith, but _lacking only legal authority to carry
them out.
"Responsibility for all oast performance of City Attorney Ashmore now
rests completely on your shoulders.
"A record of wild charges, never proven -- veiled hints of bribery,
payoffs, etc., hooded witnesses -- interference with operations of
the Police Department, inadequate legal service to the City Council
and an expensive court suit based on charges of conspiracy against
members of a City Government.
"We have met our responsibility in attempting to correct a serious
Page 1686
problem. The immediate future will determine whether you are going
to continue to place notoriety and petty politics above the best
interests of the citizens of Livonia."
By Councilman Edgar, seconded by Councilman Jones and unanimously
adopted, it was
��
#1892 RESOLVED, that cj j
WHEREAS, on April ?�, 1954, the City Council, by virtue
of the power conferred upon it under Section 21, Chapter IV of the
City Charter, did autho rize the City Attorney to oonduct an investi-
gation into certain municipal affairs concerning which the City Attorney
had made certain charges and assertions of gross irregularities, and
WHEREAS, the resolution authorizing such investigation re-
quired the City Attorney to report the results of such investigation
to the City Council; and
WHEREAS, despite the elapse of many months, the City Attorney
has continuously failed and refused to report on such investigation to
the City Council, although he has been often requested by the Council
to do so; and
WHEREAS, although the City Council, on September 27, 1Q54,
terminated the City Attorney' s authority to conduct such investigation,
because of his refusal to report as aforesaid, he has, nevertheless,
conducted such investigation without authority, and
W1-IEREAS, despite the City Attorney's refusal to report on
such investigation to the City Council, he has continued to cause his
allegations of wrong doings and gross irregularities in City government
to be published in newspapers, with no apparent supporting proof; and,
WHEREAS, within the past fortniit , it has been disclosed that
the City Attorney has claimed that for some two years last passed he has
been making a private investigation into an alleged murder and illegal
burial within the City limits of the City of Livo nia, which he has but
lately reported to police officials of the City and State; and
WHEREAS, these charges and claims of the City Attorney, real
or fanciful have brought the entire City government, its departments,
officers and employees, under an unfavorable cloud of suspicion; and
WHEREAS, the City Council deems it necessary to clear the
atmosphere and to ve the o eop le of the City of Livonia the true
picture of their City government to which they are entitled,
NO!, £JIEREFC Rh, by virtue of the power cont ained in said
Section 21 of Chapter IV of the Charter, the City Council does hereby
order that a complete investigation be made as to municipal affairs
and into the conduct of the department of law and all other departments,
offices and officers of the City, that the Committee of the Whole be
and herebir iq autncrized to ecnduct such investigation, and for that
Page 1687
iim
purpose is further authorized to subpoena witnesses, administer oaths,
compel t:ae oroducti n of boobs, Japers and other evidences, and to do
all thins-7 necessary or incidental to such investigation, that such
Committee of the Innle is further authorized to employ such special
legal counsel and urofessionaal investi'rators as may be deemed necessary
for the conduct of such invc sti �ti_on, that the cost of such investiga-
tion be naid from the unallocated funds in the goneral account of the
City of Livonia; that no elected or appointed official be granted im-
munity, that all regular meetings of such Committee of the Whole be
open to the public; and that all officers and employees of the City
of Livoni.: fully cooperate in such investigation and comply with the
provisions of the Resolution and said Section 21 of Chapter IV of said
Charter.
A recess was called at 9:15 P. P�., 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 from the Civil Service
Commission dated December 10, 1954.
By Councilman Jones, seconded by Councilman Killam and unanimously
adopted, it was
#1893 RESOLVED that, on recommendation of 1ahe Civil Service Com-
mission, dated December 10, 1P54, the Council does hereby declare that
the City offices will be closed for official business on the following
days: Friday, December 24, 1954 and Friday, December 31, 1954.
By Councilman Kleinert, seconded by Councilman Carey and unanimously
adopted, it was
#1894 RESOLVED that, pursuant to a communication from the Liquor
Control Commission dated October 27, 1954, and a recommendation from
the Police Chief dated December 7, 1954, the City Council does hereby
approve the reouest from John Baltes, 29211 Fenkell, Livonia, Michigan,
for transfer of ownership of 1954 SDM license with Living Quarter Permit
from Melvin E. Druding.
The City Clerk read a report from the Fire Department dated December 10,
1954, renuesting Council approval of capital expenditures.
By Councilman 7,1hitehead, seconded by Councilman Jones, it was
Lim
#1895 RESOLVED that, requisition No. 2988 of the Fire Department
for 20 feet of four inch double jacket soft suction hose in the
Page 1688
amount of $87.60 be and hereby is approved.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Whitehead, Carey, Edgar and Daugherty.
NAYS: Kleine rt.
The President declared the foregoing resolution adopted.
By Councilman Whitehead, seconded by Councilman Jones and unanimously
adopted, it was
#1896 ROLVED, that reoulsitions numbered 2985, 2986 and 2987 for
certain equipment for the Fire Department be tabled for further report.
By Councilman Kleinert, seconded by Councilman Whitehead and unanimously
adopted, it was
#1897 RESOLVED, that the Council su spend the regular order of business
to take up certain items on the agenda lAherein interested persons were
waiting to be heard on those items.
By Councilman Whitehead, seconded by Councilman Carey and unanimously
adopted, it was
#1898 RESOLVED, that the Dog Ordinance, introiuced by Councilman
Killam at the 130th regular meeting of the Council, November 8, 1954,
be referred to City Attorney Russell Ashmore for redraft.
President Daugherty requested that it be included in the minutes that
City Attorney Russell Ashmore was not pre sent at this meeting in conformity with
Ordinance No. 27.
Councilman Whitehead was excused at 10:08 P. M., and returned at 10:09 P. M.
Pfesident DaugherLy relinouished the chair to Vice President Kleinert at
10:15 P. M.
By Councilman Jones, seconded by Councilman Daugnerty, it was
RESOLVED, that a roll call vote be conducted on the Town Hall
Ordinance int roduc ed by Councilmen Daugherty and Jones at the adjourned
131st regular meeting of the Council, November 29, 1954.
A roll call vote was taken on the foregoing resolution with the following result:
Page 1689
AYES: Jones, Kilian( and Daugherty.
NAYS: Wiri_tehead, Carey, Edgar and Kleinert.
Vice President Kleinert declared the resolution was lost.
Presid eft, Daugte i•Ly resumed the chair at 10:17 P. M.
By Councilman Kleinert, seconded by Councilman Carey and unanimously
adopt ed, it was
#18°9 RESOLVED, that the Tom Hall Ordinance as now 'proposed, be and
hereby is tabled for further study.
By Councilman Kleinert, seconded by Councilman Carey, it was
#1900 lirN)L TED that
WHEREAS, there has been no (Previous exile rience in the need for
nor in the procedure of a Tom Hall Leeting, and
WriEliz,AS any ordinance prepared at this time uld, without doubt,
reouir e correction by further amendatory ordinanc es after some experience
had been gained,
IT IS HEREBY RESOLVED, that on the 21st day of January, 1955, all
members of the Council assemble in the Council chambers of the Livonia City
Hall at 8:00 P. 14., for tte purpose of hearing complaints, criticism or
other come nts of any citizen or taxpayer of tFe City of Livonia, and that
each department head be and hereby is reoue sted to see that a representative
of his departrent is Present at su ch meeting, and
BE Ir FURTIER RESOLVED, that notice of such meting be offered to
local newspapers as an item of re ws, and
FirlirIER RESOLVED, that similar meetings be held on the third
Friday of each suc ceeding month until such time as discontinued by further
resolution of this Council , or until superseded by meeting procedure as may
later be established by adoption of a Town H11 Ordinance.
A roll call vote was taken on the foregoing resolutio n with the following result:
AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: Jones.
The President declared the resolution adopted.
By Councilman Edgar, seconded by Councilman Carey, it was
#1901 RESOLVED, that the recie st of Civil Service Commission for
approval of salary of a City engineer be tabled until the nexb study
meeting.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Whitehead, Carey and F,dg ar.
NAYS: Killam, Jones and Daugherty.
The President declared the resolution adopted.
By Councilman Jones, seconded by Councilman Edgar and unanimously
Page 1690
adopted, it was
#1902 RESOLVED, that the channeling of traffic on Plymouth and Ann
Arbor Roads be tabled.
The City Clerk read letters from the City Planning Commission dated Novem-
ber 26, 1954 on Petition No. Z-b5, and County Board of Road Commissioners dated
November 12, 1954.
By Councilman Edgar, seconded by Councilman Kleinert and unanimously
adopted, it was
#1903 RESOLVED that, the report and recommendation of the City Planning
Commission dated November 26, 1954, as to Petition No. Z-65 of V. R.
Breidenbach, Lytle Construction Company, for change of zoning in the
Northwest 1/4 of Section 31 from RUFB to R-1-B, are hereby approved and
the City Attorney is directed to prepare an amendment to Zoning Ordinance
No. 60 in accordance with this re solution.
By Councilman Carey, seconded by Councilman Kleinert and unanimously
adopted, it was
#1904 RESOLVED, that the report and recommendation of the City Planning
Commission dated November 26, 1954, as to Petition No. Z-66 of V. R.
Breidenbach, Lytle Construction Company, for change of zoning in the
Northwest 1/4 of Section 31 from RUFB to R-1-B, are hereby approved and
the City Attorney is directed to prepare an amendment to Zoning Ordinance
No. 60 in accordance with this resolution.
The City Clerk, Marie W. Clark, read the re commendation of the City Plan-
ning Commission dated November 11, 1954, on Petition No. Z-67. Mr. Goldman and
Mr. Levine appeared before the Council in this matter.
By Councilman Jones, seconded b Councilman Killam, it was
RESO VED, that Petition No. Z-u7 of Burt Homes, Inc., Irving
Levine, be denied.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daui ierty, Jones and Killam.
NAYS: Kleinert, White head, Carey and Edgar.
The President declared the resolution was lost.
By Councilman Kleinert, seconded by Councilman Carey, it was
#1905 RESOLVED, that the report and recommendation of the City Planning
Page 1691
Commission dated November 11, 1 )54 as to Petition No. Z-h7 of Irving
Levine, Burt iomes, Inc., for change of coning in the Southeast 1/4
of Section 22 from RUFB to R-1-B, has been considered, and such petition
is hereby approved, and the City Attorney is directed to prepare an amend-
ment to Soning Ordinance No. 60 in accordance with this resolution.
A roll call vote w-s taken on the foregoing resolution with the following result:
AYES. Kleinert, White he ad, Carey and Edgar.
NAYS: Jones, Killam and Daughe rty.
The President declared the resolution adopted.
A recess was called at 11:07 P. N. , after which the meeting resumed with
all members present who were named as present in the original roll ca11 of this
meeting.
The City Clerk read letters from the City Planning Commission dated
November 26, 1Q54, Warner. a Warner, dated November 18, 1954; Board of County Road
Commissioners dated November 18, 1Q54 , and County Road Commissioners, Parks and
Forestry D;vision dated qovanber 18, 1954. Mr. Warner and Mr. Fisher appeared
before the Council in thi s matter.
By Councilman Kleinert, seconded by Councilman Edgar and unanimously
adopted, it was
#1906 RESOLVED, that the report and recommendation of the City Planning
Commission dated November 2h, 1954, as to Petition No. Z-69 of D. A. Laven
for change of zoning in the Southeast 1/4 of Section 32 from RUFB to R-1,
are hereby a )proved and the City Attorney is directed to prepare an amend-
ment to Zoning Ordinance No. 60 in accordance with this resolution.
The City Clerk read letter from City Planning Commission dated November 26,
1954 as to Petition No. 2-71.
By Councilman Carey, seconded by Councilman Whitehe ad and unanimously
adopted, it was
#1907 RESOLVED, that the report and recommendation of the City Planning
Commission dated November 26, 1954, as to Petition No. Z-71 of Jesse M.
Cook, Cook Development Company, for change of zoning in the South 1/2 of
Section 33 and the Southwest 1/4 of Section 32 from RUFB to R-1, are hereby
approved and th e City Attorney is dire cted to prep are an amendment to
Zoning Ordinance No. 60 in accordance with this resolution.
Page 1692
The City Clerk, A arie W. Clark, read letters from the City Planning Com-
mission dated December 9, 1954 and the Police Department dated December 6, 1954,
on Petition No. Z-73.
By Councilman White he ad, seconded by Councilman Klei ne rt and udanimou sly
adopted, it was
#1908 RESOLVED, that the report and re comme rr_i at ion of the City Planning
Commission dated December 9, 1954, as to Petition No. Z-73 of Charles Hei-
man, Grandville Construction Company, for change of zoning in the Northeast
1/4 of Section 9 from AG-B to R-1-B, are hereby approved and the City
Attorney is directed to prepare an amendment to Zoning Ordinance No. 60
in accordance with this resolution.
The City Clerk read a letter from the City Planning Commission dated
December 9, 1954 on Petition No. Z-75.
By Councilman Edgar, seconied by Councilman Whitehead and unanimously
adopted, it was
#1909 RESOLVED, that the report and recommendation of the Citi Planning
Commission dated December 9, 1954, as to Petition No. Z-75 of Irvin
Hermanoff, Harry Slatkin Builders, Inc., for change of zoning in the East
1/2 of Section 32 and the West 1/2 of Section 33 from RUFB to R-1-A are
hereby approved and the City Attorney is directed to Prepare an amendment
to Zoning Ordinance No. 60 in accordance with this resolution.
The City Clerk read letter from the City Planning Commission dated December
9, 1954 on Petition No. Z-77. Mr. David Lewis appeared before the Council on this
matter.
By Councilman Kleinert, seconded by Councilman Edgar, it was
#1910 RESOLVE), that the report and recommendation of the City Planning
Commission dated December 9, 1954 as to Petition No. Z-77 of David Lewis
for change of zoning in the Southwest 1/4 of Section 36 from RUFB to R-1-A
are hereby approved and the City Attorney is directed to prepare an amend-
ment to Zoning Ordinance No. 60 in accordance with this resolution.
A roll call vote was t alcen on the foregoing resolution with the following result:
AYES: Kleinert, Whitehead, Carey and Edgar.
NAYS: Jones, Killam and Daughe rty.
The President declared the resolution adopted.
Page 1693
By Councilman Kleinert, seconded by Councilman Whitehead, it was
#1911 RESOLVED, that the report and recommendation of the City Plannin
Commission dated December 9, 1954 as to Petition No. 2-78 of David Lewis
for change of zoning in the Southwest 1/4 of Section 36 from RUFB to R-1-A
are hereby approved and the City Attorney is directed to prepare an amend-
ment to Zoning Ordinance No. 60 in accordance with this resolution.
A roll call vote w is t aken on the forego ng resoluti on with the following resuit:
AYES: Kleinert, White head, Carey and Edgar.
NAYS: Jones, Killarn and Daugherty.
The Presiders declared the resolution adopted.
Councilman Edgar was excused at 12:05 A. M., and returned at 12:08 A. M.
By Councilman Killam, seconded by Councilman Edgar and unanimously
adopted, it was
#1912 RESOLVED, that the Mavr and City Clerk be and hereby are
authorized to enter into a lease or agreement for use of property
Southeast of Seven Mile Road and Stamford as recommended by Herald
F. Hamill, City Engineer, in his letter dated Novemb or 29, 1954,
addressed to the 1 ayor.
On motion of Councilman Carey, seconded by Councilman Whitehead, and
unanimously adopted, this 13 2nd regular meeting was adjourned to Friday, December
17, 1954, at 7:30 P. M., the time of this adjournment being 12:17 A. M., December
14, 1954.
Mario, W. Clark, City Clerk
Attested:
John T. Daugherty, President of the Co •cil
. ;
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Rud.o f R. =ieinert, Vice President of the Council