HomeMy WebLinkAboutCOUNCIL MINUTES 1954-05-03 ADJOURNED Page 1466
MINUTES OF THE ADJOURNED ONE HUNDRED SEVENTEENTH REGULAR
MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On May 3, 1954, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan and was called to order at approximately 8:04 P. M., by the
President of the Council, John T, Daugherty Roll was called with the follow-
ing result. Present -- John T Daugherty, David Jones, Harry Killam, Rudolf R
Kleinert, John W. Whitehead, Nettie Carey and Wilson W. Edgar. Absent -- None.
Councilman Kleinert offered the invocation
The President stated that, since copies of the minutes of the 116th
Regular Meeting of the Council held on April 12, 1954, the Adjourned 116th
Regular Meeting of the Council held on April 14, 1954, and the 19th Special
Meeting of the Council held on April 23, 1954, had been delivered to each
member of the Council, the reading of the minutes by the City Clerk could be
waived
By Councilman Kleinert, seconded by Councilman Killam and unanimously
adopted, it was
#1446 RESOLVED, that the minutes of the 116th Regular Meeting held on
April 12, 1954 and the Adjourned 116th Regular Meeting held on April 14,
1954 are hereby approved
By Councilman Killam, seconded by Councilman Kleinert and unanimously
adopted, it was
#1447 RESOLVED, that the minutes of the 19th Special Meeting held on
April 23, 1954 are hereby approved
City Clerk, Marie W Clark, read a report from Mayor Hartom dated
April 27, 1954 in which he recommended that consideration be given to a request
received from the Department of Public Works for an appropriation in the amount
of $14,835.00 for additional personnel for the various services rendered by the
Department Superintendent Hultquist was called to explain and clarify the
request
Page 1467
By Councilman Whitehead, seconded by Councilman Carey and unanimously
adopted, it was
#1448 RESOLVED, that the amount of $14,835 00 be appropriated from the
Unallocated Fund and deposited in the following accounts.
DPW-1B Building Maintenance D 150 00
DPW-1M Street Repair & Maintenance 3,100 00
DPW-1S Service - Mechanics 1,400.00
DPW-2 Clerical 425 00
DPW-1M 5 additional laborers 9,500.00
Increase 2 laborers to light
equipment operators 260.00
$ 14,835 00
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 letter was read by the President of the Council from Louis Schmidt,
Superintendent of Clarenceville Public Schools, regarding building permit fees
Mayor Hartom was asked to present his recommendation to the Council
By Councilman Jones, seconded by Councilman Kleinert and unanimously
adopted, it was
#1449 RESOLVED that the letter from Harry C. Pratt, Attorney, dated
April 30, 1954 and addressed to Mayor Elbert M Hartom, relative to
the dismissal of Donald Wilson as Chief Inspector of the Inspection
Bureau of the City of Livonia be received and placed on file pending
further action of the Executive Department
The City Clerk, Marie W. Clark, read a letter dated April 15, 1954
addressed to the Mayor and City Council from Mr J L. Wehmeyer, Engineer of
Safety and Traffic, of the Board of Wayne County Road Commissioners, regarding
completion of negotiations on speed limits, parking, etc..
By Councilman Edgar, seconded by Councilman Whitehead and unanimously
adopted, it was
#1450 RESOLVED, that this body concur with the thinking of the Mayor
and meet jointly with the Livonia Traffic Commission, the Michigan
State Highway Commission, and the Wayne County Road Commission to discuss
problems concerning speed limits, parking, etc; it being understood that a
complete survey of conditions would be presented at that time by the State
Highway and Wayne County Road Commissions; and further, that the Mayor be
requested to arrange such a meeting
Page 1468
Mr. Gilbert J. Gilbert, representing the K L A Laboratories, 7422
Woodward Avenue, Detroit, appeared before the Council and presented that company's
recommendations for installation of a loud speaker system for use in the Council
Chambers and in the public space in the City Hall
By Councilman Edgar, seconded by Councilman Jones, and unanimously
adopted, it was
#1451 RESOLVED, that the President of the Council appoint a committee
to draw up specifications for a loud speaker system for use in the City
Hall public space and Council chambers for study by the council members
at a future meeting
President Daugherty appointed Councilman Killam, chairman, and Council-
man Whitehead, co-chairman, to serve in said committee.
The President declared a ten minute recess at 9 35 P M , after which the
meeting was resumed with all members present who were named as present in the
original roll call of this meeting.
By Councilman Edgar, seconded by Councilman Carey and unanimously adopted,
it was
#1452 RESOLVED, that the request made by the Rev John E Contway, pastor
of St Michael's Church, in a letter dated April 19, 1954 for installation
of sidewalks along the south side of Plymouth Road between Fairfield and
Hubbard Roads be referred to the Department of Public Works for a report
and recommendation
The City Clerk read a letter from Miller, Canfield, Paddock & Stone, of
Detroit, Michigan, dated April 29, 1954
By Councilman Kleinert, seconded by Councilman Killam and unanimously
adopted, it was
#1453 RESOLVED, that the letter dated April 29, 1954 from Mr John H.
Nunneley, of Miller, Canfield, Paddock & Stone, be tabled until the
next regular meeting of the Council to be held on May 10, 1954; and
that I•r Nunneley be invited to appear at said meeting at 9:00 P. M..
By Councilman Edgar, seconded by Councilman Jones and unanimously
adopted, it was
Page 1469
#1454 RESOLVED, that the letter dated April 29, 1954 from the Michigan
Liquor Control Commission, by E. F. Maloney, Director of the License
Division, together with the list of applicants attached thereto, be
received and tabled for future study by the Committee of the Whole.
By Councilman Edgar, seconded by Councilman Whitehead and unanimously
adopted, it was
#1455 RESOLVED, that the recommendations of the City Planning Commission
dated May 3, 1954 are hereby approved, and that a permit is hereby granted
to the Livonia Rotary Club to conduct a carnival and exposition on May 5th
through ;lay 9, 1954 on the premises of the i•:iehigan Racing Association at
iddlebelt and Schoolcraft Roads.
City Clerk Marie W Clark read a letter from David F FitzGerald, attorney,
dated April 27, 1954 regarding the suit of Jacoby vs City of Livonia Mr Fitzgerald
appeared before the Council, and a lengthy discussion ensued.
Councilman Edgar asked to read a letter written by William W. Brashear
and addressed to Mr Edgar, and that such become a part of the minutes of this
meeting. Such request was granted by the President of the Council, and is as
follows:
"While I fully realize that I am no longer able to speak as a public
official, I would like to state to you my views as a private citizen on the
pending case of Jacoby vs the City of Livonia, in the hope that these views
may be transmitted to the other members of the Council to aid them in deter-
mining whether or not the pending appeal to the Michigan Supreme Court should
be carried to a conclusion
"The cave men were our first rugged individualists. They took possession
of and held their property by conquest and force And they used their property
as they saw fit for their own purposes and without recognition of any rights in
their neighbors
"Organized society today, while generally sanctioning and protecting an
individual's right to use his own property without restraint - as guaranteed
by our own Constitution, nevertheless recognizes an exception handed down to
us from Roman law, and translated thus, "So use your own as not to injure
others" Our Supreme Court has accordingly held that an individual's right
to use and enjoy his own property must always be subject to a reasonable
exercise of the police power to protect the public health, safety and welfare
"The power of a city to zone its territory into residential, commercial
and industrial zones is clearly within the sphere of police power Clements
ILO v McCabe, 210 Mich 207 The enabling authority giving a city the right to
adopt and enforce a zoning ordinance is to be found in Act 207, Public Acts
of Michigan of 1921, as amended, in which it is provided, "The legislative
body of cities and villages may regulate and restrict the location of trades
Page 1470
and industries and the location of buildings designed for specified uses and
110 for such purposes divide any city or village into districts of such number
shape and area as may be deemed best suited to carry out the provisions of
this section."
"Por about 12 years the area now known as the City of Livonia, and
formerly known as Livonia Township has been divided into zones or districts
pursuant to existing zoning regulations During all of such time, a general
plan was followed under which the area situated on both sides of the C & 0
Railway and between Sch oolcraft and Plymouth Roads was recognized as an
industrial district
"However, complications arose in Livonia as well as in other cities
resulting from the building of homes within districts designated and estab-
lished as industrial areas. All zoning ordinances prohibited factories from
coming into residential districts, but very few ordinances prohibited residences
from being erected in industrial districts. This problem was emphasized several
years ago when an owner owning a home in an industrial area brought suit in the
Wayne Circuit Court to restrain the issuance of a builder's permit to a factory
across the street from his home The Court held that such a permit must be
issued, regardless of the fact that the home owner had purchased his property
without checking the zoning restrictions This problem was being considered
by many authorities at the time Livonia's new zoning ordinance was being pre-
pared In order to prevent such a situation from arising in the future, and
on recognition of many zoning authorities, the City of Livonia in its present
ordinance expressly prohibits the erection of a home within a manufacturing
ILI district
"The Jacobys own what is known as a "pencil" strip of land approximately
100 feet wide by 1300 feet deep, running east from Merriman Road between the
C & 0 Railway and Plymouth Road. The first 300 feet of this "pencil" strip is
zoned for residential use consistent with an established row of houses along the
east side of Merriman Road. These existing homes are from 100 to 150 feet back
from the road, and the 300 foot strip was created on the zoning map to protect
the homes already situated on this street However, the Jacobys insisted on
building their home, not within 300 feet of Merriman as was the case of other
homes already built, but approximately 1000 feet east of Merriman Road, with
the result that their home would be eventually surrounded by industry When
the city refused to issue the permit, the Jacobys commenced their suit in the
Wayne Circuit Court which resulted in that Court entering a decree that the
permit must be issued Judge Weideman said that as long as the owners them-
selves were satisfied, he mould not believe that the city should insist on
protecting them against factories
"The city took the position that it's not concerned so much with Mr
and Mrs Jacoby alone as it is with the hundreds of Jacobys or other property
owners similarly situated who hereafter may insist on building homes in in-
dustrial areas and who may rely upon the precedent established by Judge
Weideman's decision that the city ordinance was inconsistent with a previous
decision of the township zoning board which gave them a right to raise and sell
nursery products This contention is unsound because, while the township
ordinance would require the consent of the zoning board, the right to raise
and sell nursery products is expressly permitted by the provisions of the
existing City Zoning Ordinance
Page 1471
"Briefly, the city's position has been that:
110 1 Zoning regulations are necessary in order to protect public health,
safety and welfare
2 The area along the railway track has been reasonably zoned as
industrial
3 It is injurious to public health and welfare to mix factories and
residences together
4. There is no real difference between allowing factories to be built
in residential areas then it is to allow homes to be built in industrial
districts, for the end result is a condition which is injurious to public
health and welfare
5. The Jacobys can build their home within 300 feet of Merriman with-
out any unjust or reasonable disadvantage, and it is reasonable for the city
to prohibit them from building a home 1000 feet back from Merriman within an
established industrial area.
"The case that clearly covers this question is that of Pere Marquette
Railway co. vs. Township Board, 298 Mich. 31, in which the Supreme Court
held that, in an industrial district adjacent to a railway, the property
was "extremely undesirable for single residence purposes" and "not suited
for individual homes where children could enjoy good air and immunity from
street and railroad hazards " The court further said "The parcel itself
would be well adapted for residential use, being high, dry, level and sandy,
with almost every modern convenience already established, were it not for
its location In the last analysis we must consider whether the zoning of
this particular triangle advances the public health, safety and general welfare
of the people. That is the general purpose of a zoning law and uniformity for
this purpose is encouraged "
"My only purpose in writing this letter is to be sure that the Council
clearly understands the reason why the city of Livonia has taken an appeal
in the Jacoby case to the Michigan Supreme Court The reason for this appeal
is to avoid the hazards and danger of "Spot Zoning" and to protect our entire
city from a condition which would be injurious to public health and welfare.
Our policy has been consistent with the principle that "the future belongs to
those who plan for it"."
By Councilman Jones, seconded by Councilman Kleinert, it was
#1456 RESOLVED, that the City Attorney be instructed to discontinue
the appeal of the case of Jacoby vs City of Livonia to the Michigan
Supreme Court, and that the building permit sought by Mr. and Mrs.
Jacoby be issued by the Inspection Bureau in accordance with the
decree of Judge Carl I., Weideman, Circuit Court
During the discussion which followed, President Daugherty relinquished
the chair to Councilman Kleinert in order to speak on this matter
By Councilman Edgar, seconded by Councilman Carey, it was
#1457 RESOLVED, that the previous motion be tabled until a legal
opinion is rendered by the City Attorney
Page 1472
A roll call vote was taken on the foregoing resolution with the following result.
AYES• Whitehead, Carey, and Edgar
NAYS: Jones, Killam, Daugherty and Kleinert.
A roll call vote was taken on Resolution No 1456 with the following result.
AYES• Jones, Killam, Daugherty and Kleinert.
NAYS: Whitehead, Carey and Edgar
The President of the Council declared that the foregoing resolution
was adopted.
President Daugherty resumed the chair at 11 10 P M
By Councilman Jones, seconded by Councilman Carey and unanimously
adopted, it was
#1458 RESOLVED, that, pursuant to a communication from the Liquor
Control Commission dated January 21, 1954 and a recommendation from
the Police Chief dated April 30, 1954, the City Council does hereby
approve the request from John F Gohl for a transfer of ownership of
the 1953 SDM license from George Godette, 29623 West Eight Mile Road,
Livonia, Michigan
By Councilman Edgar, seconded by Councilman Jones and unanimously
adopted, it was
#1459 RESOLVED, David Goldman, as proprietor, having requested the
City Council to approve the proposed plat of the following Subdivision.
Meri-Joy Subdivision, of part of the Southwest 1/4 of
Section 35, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan
and it appearing that tentative approval of said proposed plat was
given by the City Planning Commission under date of November 17,
1953, and it further appearing that said proposed plat, together
with the plans and specifications for improvements therein, have
been approved by the Department of Public Works under date of April 24,
1954, the City Council does hereby approve said proposed plat on the
following conditions
(1) All of such improvements shall be installed in conformance
with the Flat Ordinance (No 44) of the City of Livonia and the
IL0
rules and regulations of the Department of Public Works, within
a period of two years from the date of this resolution;
(2) That the installation of such improvements shall be super-
vised and inspected by the Department of Public Works and such
Page 1473
improvements shall not be considered as having been satisfactorily
installed until there is filed with the Council a Certificate as
i provided in Section 14, of said Ordinance No 44,
(3) That the City Clerk is not authorized to affix her signature to
said Plat until either said improvements have been satisfactorily
installed or, in lieu thereof, there is filed with her by said
proprietors a bond to the City of Livonia, in such form as may be
approved by the City Attorney, and in the following amount.
One Hundred Thousand and no/100 (3100,000 00) Dollars
and until all inspection fees and other charges due to the City of
Livonia have been fully paid, and
(4) On full compliance with the above three conditions and with
the provisions of said Plat Ordinance, the City Clerk is hereby
authorized to affix her signature to said Plat as evidence of this
approval
At 11 19 P M President Daugherty relinquished the chair to Councilman
Kleinert and left the room
By Councilman Carey, seconded by Councilman Jones, it was
lio #1460 RESOLVED, that an appropriation be made from the Unallocated
Fund to the Retirement Fund for the month of April, 1954, in the
amount of $3,020 97
A roll call vote was taken on the foregoing resolution with the following result.
AYES. Jones, Killam, Kleinert, Whitehead, Carey and Edgar
NAYS None
The City Clerk read the First Annual Valuation Report of the City of
Livonia Employees Retirement System for the year ending November 30, 1953
The report was received and placed on file
City Clerk Marie W. Clark read a letter from Mayor Elbert M Hartom
recommending that a library committee be established in the Council to study
present library services and make recommendations for the reduction, continuation
or expansion of library service
President Daugherty returned to the room at 11.23 P. M.
116 By Councilman Edgar, supported by Councilman Killam and unanimously
adopted, it was
✓ VI ///-) Page 1474
#1461 RESOLVED, that the President of the Council be empowered to
appoint a committee to meet with the Wayne County Library Group and
to call on the School Advisory Committee as needed, to make a study
j. and report to the Council on present library services and possibilities
of expansion of a Library Program
Councilman Daugherty resumed the chair.
President Daugherty appointed Councilman Carey, chairman, and Councilmen
Jones and Kleinert to serve on the Library Committee
By Councilman Edgar, seconded by Councilman Carey and unanimously
adopted, it was
#1462 RESOLVED, that the City Clerk be authorized to advertise for
bids for the trade-in of the 1952 Red Cross Station Wagon on a new
station wagon for use of the Red Cross Motor Corps, Livonia Branch,
in accordance with specifications to be furnished by the Corps
By Councilman Jones, seconded by Councilman Killam and unanimously
adopted, it was
#1463 RESOLVED, that the report and recommendation of the City
Planning Commission dated May 3, 1954 on Petition No V-3 of
Rev John Davies, St Paul's Presbyterian Church, be approved,
and that Resolution No 1044, adopted at the regular meeting of
the Council on April 26, 1954, be amended in accordance with
such recommendation, and the City Attorney is requested to pre-
pare an Ordinance consistent with this amended resolution
Councilman Kleinert, seconded by Councilman Carey, offered a resolution
regarding a change in method of signing all and any checks for the City of Livonia
By Councilman Edgar, seconded by Councilman Jones and unanimously
adopted, it was
#1464 RESOLVED, that the resolution introduced by Councilman Kleinert
be tabled for consideration at the regular meeting of the Council to
be held May 10, 1954
By Councilman Jones, seconded by Councilman Killam and unanimously adopted,
this 117th Adjourned Regular Meeting of the Council was duly adjourned, the time of
adjournment being approximately 11:45 P. M , May 3, 1954.
Attested: /� /_!
1P110Ma5e W lark, City Clerk
Mittofr Daughe , P sid:t of the 4.uncil
k ✓ (
Rudolf Rleinert, Vice-Pres. of the Council