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HomeMy WebLinkAboutCOUNCIL MINUTES 1952-09-22 Page 864 MINUTES OF THE SEVENTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 22, 1952, above meeting was held at 33211 W. Seven Mile Road, Livonia, Michigan, and was called to order at approximately 8:04 P M by the President of the Council, Harry S dolfe Roll was called with the following result. Present-- Harry S. Wolfe, Wilson W. Edgar, Harold Bower, John Whitehead and William Taylor Absent-- Raymond E. Grimm and Nettie Carey. President Wolfe stated, with the consent of all members of the Council present, that the reading of the minutes would be delayed until after the public hearing on the new Zoning Ordinance The following persons made statements to the Council pertaining to the new proposed Zoning Ordinance and Map Elbert M. Hartom of 29104 St Martins Street David L Jones of 18335 Sunset Jack Spanich of 32610 Myrna L. S. French of 15186 Bainbridge S R Mills of 15580 Hidden Lane John Dougherty of 14336 Brookfield Arthur Clifford of 11925 Stark Road Helen Lord of 10010 Stark Road Florence Crawford of 30844 Schoolcraft William White of 31311 Schoolcraft Mr Defenderfer of 9911 Mayfield Robert Scott of 11018 Auburndale Leonard Hughes of 13741 Farmington Mr Lau of 30586 Schoolcraft Mr Hamill of 12913 Farmington Road Howard Middlewood of 19936 Farmington Road William Ponder of 32013 Plymouth Road Carson Johnston of 11032 Cranston Mrs Crawford of 13451 Levan Road Written objections were filed by Elbert M Hartom, David L Jones and William White L S. French submitted a petition of 41 property owners objecting to continuance of M-1 zoning on south side of Five Mile Road Page 865 By Councilman Bower, seconded by Councilman Whitehead and unanimously adopted as follows, it was. IL #204 RESOLVED, that the proposed new zoning ordinance and map be re-referred to the City Planning Commission for further study and report, with the recommendation of the Council that the commission consult civic groups and other citizens as to the provisions of such ordinance A ten minute recess was called at 10.29 P M following which the meeting was resumed with all members of the Council present who were named as present in the original roll call of the meeting. Minutes of the 78th regular meeting of the Council held on September 8, 1952, were read and approved The City Clerk read the following communication from Mayor Ziegler dated September 22, 1952: "I am herewith submitting for your approval the fol- lowing appointments to the City Planning Commission. IL (1) Michael Byrnes of 29901 Bretton Road, Farmington, Michigan, to fill the unexpired term of Harold Bower, who resigned recently, and (2) Edwin Conway for re-appointment to a term of three years " By Councilman Edgar, seconded by Councilman Bower and unanimously adopted as follows, it was. #205 RESOLVED, that the appointment by the Mayor of Michael J. Byrnes, Sr. to the City Planning Commission, to fill the unexpired term of Harold Bower be and hereby is approved By Councilman Whitehead, seconded by Councilman Bower and adopted as follows, it was. #206 RESOLVED, that the appointment by the Mayor of Edwin Conway to the City Planning Commission for a term of three tears commencing June 9, 1952, be and hereby is approved. A roll call vote was taken on the foregoing resolution with the following result: L AYES• Wolfe, Bower, Whitehead and Taylor. NAYS: Edgar Page 866 Councilman Edgar on behalf of the Insurance Standing Committee read a report on the proposed insurance budget for the fiscal year commencing December 1, 1952 By Councilman Edgar, seconded by Councilman Whitehead and adopted as follows, it was: #207 RESOLVED, that the report of the Insurance Standing Committee be approved and filed A roll call vote was taken on the foregoing resolution with the following result: AYES• Bower, Whitehead, Taylor, Edgar, and Wolfe NAYS: None Councilman Edgar, as chairman of a special committee, submitted a report on the proposed purchase of the Frank O'Neil property President Wolfe, with the consent of all present, referred this report to the committee of the whole Councilman Edgar, as chairman of the Clarenceville Sewer Committee, submitted a written report with recommendations By Councilman Taylor, seconded by Councilman Whitehead and unanimously adopted as follows, it was- #208 RESOLVED, that the report of the Clarenceville Sewer Committee is hereby approved and placed on file. By Councilman Edgar, seconded by Councilman Taylor and adopted as follows, it was: #209 RESOLVED, that pursuant to the report of the Clarenceville Sewer Committee dated September 22, 1952, and the provisions of Ordinance No. 31, the City Engineer is hereby directed to ascertain the assessed valuation of all property affected by the proposed construction of a trunk sewer serving the Clarenceville High School and a new school under construction within the Clarenceville School District and the City of Livonia, together with laterals serving the surrounding area, which project is tentatively estimated to cost *689,000 00, to ascertain the number of parcels which show tax delinquencies; to ascertain the number of parcels owned by public authorities and the number of parcels which are vacated, and to prepare, or cause to be prepared plans and specifications therefor and an estimate for the cost thereof and to file the same with the City Clerk, together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and to file his report and recommendations with the City Cleric, pursuant to Section 6 of said ordinance, within 30 days from the date hereof Page 867 A roll call vote was taken on the foregoing resolution with the following result- AYES Bower, Whitehead, Taylor, Edgar and Wolfe 111 NAYS: None. By Councilman Bower, seconded by Councilman Whitehead and adopted as follows, it was: #210 RESOLVED that, pursuant to the report of the Clarenceville Sewer Committee dated September 22, 1952, and the provisions of Ordinance No. 31, the City Engineer is hereby directed to ascertain the assessed valuation of all property affected by the proposed construction of a trunk line serving the Clarenceville High School and a new school under construction within the Clarenceville School District and the City of Livonia, which project is tentatively estimated to cost $200,000 00, to ascertain the number of parcels which show tax delinquencies; to ascertain the number of parcels owned by public authorities and the number of parcels which are vacated, and to prepare, or cause to be prepared plans and specifications therefor and an estimate for the cost thereof and to file the same with the City Clerk, together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of install- ments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and to file his report and recommendations with the City Clerk, pursuant to Section 6 of said ILMordinance, within 30 days from the date hereof. A roll call vote was taken on the foregoing resolution with the following result. AYES Bower, Whitehead, maylor, Edgar and Wolfe NAYS: None. By Councilman Taylor, seconded by Councilman Whitehead and unanimously adopted as follows, it was. #211 RESOLVED, that the Wayne County Health Department representatives be invited to meet with the Council to discuss the construction of sewers in the Clarenceville area. By Councilmar Edgar, seconded by Councilman Taylor and adopted as follows, it was. #212 RESOLVED that, pursuant to the provisions of Section 5, Chapter IX of the Charter, a temporary permit is hereby issued by the Council to Livonia-Redford Transportation Company consisting of Corwin L Moore and Marion E Petty, to operate a limousine or jitney service on Five Mile Road and a coach on Farmington Road and Plymouth Road in accordance ILO with the schedule attached to the application of said Livonia-Redford Transportation Company dated September 18, 1952; provided, however, that this permit is issued on the same uerms and conditions as the permit previously issued to the Livonia-Redford Transportation Company by resolution adopted by the City Council on March 12, 1951. A roll call vote was taken on the foregoing resolution with the following result. Page 868 AYES. Bower, Whitehead, Taylor, Edgar and Wolfe. NAYS Done Alfred Ball, David Fuhrman, Alton Matevia and Mike Costello appeared before the Council and requested that the Hunting Ordinance be amended to permit hunting on farms. Councilman Edgar introduced the following ordinance NO. 59 AN ORDINANCE AMENDING ORDINANCE NO. 18, AS AMENDED, OF THE CITY OF LIVONIA ENTITLED, " AN ORDINANCE PRO- HIBITING DISCHARGE OF FIREARMS EXCEPT IN CERTAIN AREAS, REGULATING THE USE THEREOF AND PROVIDING A PENALTY FOR VIOLATION THEREOF 't THE CITY OF LIVONIA ORDAINS- Section 1 Section One of Ordinance No. 18 of the City of Livonia entitled, "An Ordinance Prohibiting Discharge of Firearms Except in Certain Areas, Regulating the Use Thereof and Providing a Penalty for Violation Thereof", is hereby amended to read as follows. Section 1. The use or discharge of any and all firearms within the City of Livonia is hereby prohibited, except that - (a) Within those sections of the City of Livonia lying west of Farmington Road and north of Schoolcraft Road, consisting of Sections Four (4) to Nine (9), inclusive, and Sections Sixteen (16) to Twenty- One (21), inclusive, shotguns may be used or discharged at a distance of more than six hundred (600) feet from any building which is being used or occupied as a dwelling, residence or business; provided, however, that shotguns may be used or discharged, within the above described sections, by farms anywhere on their own land at least six hundred (600) feet from any building on adjoining land, provided further, that the use or discharge of shotguns on any parcel of land having an area of five (5) acres or more situated within any district zoned as agricultural under the zoning ordinance may be allowed by a special permit, which permit may be issued by the Chief of Police, on written application, to the owner of any such parcel and the members of his family residing thereon, which permit shall be for a period not to exceed thirty (30) days and under which permit no shotgun may be used or discharged within six hundred (600) feet of any building on adjoining land, and, provided further, that in no event shall any shotgun be used or discharged on Sunday, nor shall any shotgun be used or discharged on any property without the express consent of the owner thereof. (b) Nothing herein contained shall prevent the use or discharge of any firearms on any duly licensed shooting range, or by any person or perscns properly acting in self-defense, or by, or at the direction of any police, military or governmental authority duly established under the laws of the City of Livonia, State of Michigan or the United States. Page 869 Section 2 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 3 In the event any portions of this ordinance are held invalid for any reason, then the holding shall not affect the remaining portion of this ordinance Section 4 This ordinance is hereby declared to be an emergency ordinance necessary for the protection of the public health and welfare, and shall take effect immediately on publication A roll call vote was taken on the foregoing ordinance with the following result: AYES Bower, Whitehead, Taylor, Edgar and Wolfe NAYS• None. President Wolfe announced that the foregoing ordinance had been adopted as an emergency ordinance and would become effective on the date of publication, October 17, 1952 By Councilman Taylor, seconded by Councilman Whitehead and unanimously adopted as follows, it was. #213 RESOLVED, that the recommendations of Ralph R. Calder, architect, stated in his letter of September 8, 1952, pertaining to the new city hall be and hereby are approved and the plans and specifications are changed accordingly. By Councilman Edgar, seconded by Councilman Taylor and unanimously adopted as follows, it was. #214 RESOLVED, that a committee be appointed to meet with the architect, Ralph R Calder, during such times as the Council is not in session and to make decisions on behalf of the Council concerning any minor changes in the plans and specifications. President Wolfe thereupon appointed Councilmen Edgar, Taylor and dhitehead to the last mentioned committee. By Councilman Bower, seconded by Councilman Taylor and unanimously adopted as follows, it was. Page 870 #215 RESOLVED that, pursuant to the request of the Liquor Control Commission dated March 3, 1952, uhe request of Roderic? P and Esther C :icriay, 29421 W. Six Mile Road, Livonia, Michigan, P 0 Det-oit, Michigan, to add space on '51 SD1 license, is hereby approved By Councilman Whitehead, seconded by Councilman Edgar and adopted as follows, it was: #216 RESOLVED than, pursuant to request of Department of Parks and Recreatior dated July 29, 1952, the following transfer of funds withir the budget of said department is hereby approved: The sum of $500 00 from Account #42 to Account #70-A The sum of $600.00 from Account #42 to Account #70-B A roll call vote was taken on the foregoing resolution with the following result. AYES: Bower, Whitehead, Taylor, Edgar and Wolfe. NAYS• None. By Courcilman Bower, seconded by Courcilman Whitehead and unanimously adopted as follows, it was: #217 RESOLVED, that the report and recommendations from the City Planning Commission dated September 13, 1952, pertaining to the tentative plat of Livonia Estates Subdivision be placed on the table for further study By Councilman Whitehead, seconded by Councilman Taylor and adopted as follows, it was- #218 RESOLVED tha+, pursuart to the request of the Department of Public Works dated September 15, 1952, the following transfer of funds within the current budget of said department are hereby approved. $2664 00 Clerical Services from Road Maim,enance Labor Account to Clerical Account. $4600 00 Service Labor from Road Maintenance Labor Account to Service Labor Account, $ 600.00 Heat and Light from Building Maintenance Labor Account to Heat and Light Account, $ 50.00 Telephone from Building Maintenance Labor Account to Telephone Account, $ 600.00 Signs from Street Lighting Account to Capital Outlay Account for Signs, $1893 63 Capital Outlay Building from Miscellaneous Acount to Building Account; and that the sum of $11,000 00 be appropriated from the Capital Improvement Fund to the Department of Public Works to be expended as follows. $ 1,000.00 for Gas, Oil, Diesel 4)10,000 00 for Road Maintenance A roll call vote was taken on the foregoing resolution with the following result: AYES: Bower, Whitehead, Taylor, Edgar and Wolfe NAYS: None Page 871 By Councilman Edgar, seconded by Councilman Taylor and unanimously adopted as follows, it was: Ill #219 RESOLVED, that Petition #63 of Olive M. Schroeder, et al, to vacate alleys between Cavour and Paderewski in Five Elms Subdivision be referred to the City Planning Commission for holding of public hearing and making of recommendations, and for taking other action according to law By Councilman Bower, seconded by Councilman Taylor and adopted as follows, it was. #220 RESOLVED, that, pursuant to the determination of Leo 0. Nye, Justice of the Peace dated September 6, 1952, the claim of Andrew Welzer in the amount of $7 00 for chickens destroyed by dog is hereby allowed together with the fee of the justice in the amount of $2.00 and payment of these amounts by the City Treasurer are hereby authorized A roll call vote was taken or the foregoing resolution with the following result. AYES Bower, Whitehead, Taylor, Edgar and Wolfe NAYS: None. The City Clerk read the following requests from the Liquor Control Commission 1. Request dated July 30, 1952, from Fil-Mar Market, Inc., 27531 Grand R.ver Ave., Livonia, Michigan, for a new SDM license 2. Request dated September 5, 1952, from Dwight & Margaret Morris, 37921 Ann Arbor Rd , Livonia, Michigan, for a new SDM license. 3 Request Dated August 15, 1952, from Melvin Druding for a transfer ownership '52 SDM license from Walter & Margueritte Gehringer, 29211 Fenkell, Detroit, Michigan. 4 Request dated August 22, 1952, from LeRoy & Louis Lewis for a transfer ownership X52 SDM license from Salvatore Venturi, 27710 Plymouth Rd , Livonia, Michigan President Wolfe stated that with the consent of all members present the above requests will be placed on the table until a report is received from the Police Department By Councilman Taylor, seconded by Councilman Bower and adopted as follows, it was: Page 872 #221 RESOLVED that, pursuant to the recommendations of the Dog Pound Committee, the proposed agreement on American Institute of III Architects Form B-102, the same being The Standard Form of Agreement Between Owner and Architect, bearing date of September 18, 1952, between the City of Livonia as owner and Nathaniel 0. Gould and Thomas W. Moss, Inc. as architect for the preparation of plans and specifications for a dog pound and the supervision for the construction thereof be and hereby is approved, and the Mayor and City Clerk are authorized to affix their signaturesto such agreement on behalf of the City of Livonia A roll call vote was taken on the foregoing resolution with the following result. AYES• Bower, Whitehead, Taylor, Edgar and Wolfe NAYS: None By Councilman Bower, seconded by Councilman Edgar and adopted as follows, it was: #222 RESOLVED, that the report of the Finance Committee for the month of August, 1952, be approved; and a summary of such report is hereby spread on the minutes of this meeting as follows- General, Legislative & Administrative Executive $ 25.00 Legislative 338 76 III City Treasurer 100 90 City Clerk 276.21 Judicial 447 10 Election Commission 426 50 Civil Service 2.16 City Planning 883.58 City Hall 200 58 Court Building 357 74 Civilian Defense 31.29 3,085 50 Department of Public Safety: Police Dept ; 2,730 62 Fire Dept. 1,924.59 Inspection Dept 137 24 4,792.45 Department of Public Works $ 15,719 95 15,719 95 Department of Parks & Recreation $ 1,543.40 1,543 40 General Ledger Accounts. Inventory 124 73 Credit on BBls. 5.00 New City Hall 17,203 73 III Insurance 5,553 48 New Fire Hall Plans 62.24 Capital Improvements 6,60 75 29,589 93 Total $ 54,731.23 Page 873 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bower, Whitehead, Taylor, Edgar and Wolfe NAYS. None. Letter from Robert J Eoff dated September 18, 1952, pertaining to Assessors Livonia Plat No 15, with the corsent of all present, was received and filed Letter from Miller, Canfield, Paddock & Stone dated September 15, 1952, pertaining to Sewage Disposal Systems No. 3 and No 4 was read and placed on file. On motion of Councilman. Taylor, seconded by Councilman Whitehead and unanimously passed, the meeting was adjourned at 2:02 A M , September 23, 1952. , .oar: e W. lark, City Clerk Attested: Har S. Wolf President /