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HomeMy WebLinkAboutCOUNCIL MINUTES 1961-11-20 Page 5059 MINUTE L OF `Plc, THREE 11111-1).RED FORTY-1'INTh lisCTULARI,TEETING OF THE Cr'CACTI, OF CITY OF LIVOI‘IIA On November 20, 1961, the above meetina; was hold at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at ap- proximately 8:35 P. M. Councilman urant delivered he invocati ri. Roll was called with the follow ing result: Present-- aydney B. Baynall„ John T. Daugherty, Rudolf R. Kleinert, William N. Ponder,Austin T.Grant and Jack Salvadore. Absent-- James R. McCann. This being student Government Day, the President of the Council welcomed the students who had taken part in the program and they were presented with certificates by Councilman Rudolf R. Lleine.rt„ Chairman of Student Government Day, By Councilman salvadore, seconded by Councilman Daugherty and unanimously adopted, it was #808-61 1OLV2,D that, the minutes of the 3/Ibth mgular meeting of the Council of the City of Liv o cila, held November 13, 1961, are her eby approved. By Councilman Daugherty , seconded by Councilman Salvadore and unanimously adopted, it was #609-61 liz;SOI,V1:12 that, pursuant to the provisi ons of sectd.nn 5, Chapter VIII of the Charter of the City of Livonia and upon recommenda-Linn of the Mayor, dated November 3, 1,-)51, the Council does hereby confirm the ap- pointment of Mrs. Phyllis N. Robinson, 120,)0 Stark Road, Livonia,Michigan„ to the Board of review of the City of livonia, to fill the unexpired term of Mr. Robert if. Zumstein, which term shall expire February 11, 163. The following resolution was unanimously oflered, supported and adopted by the Council: #610-al igaislisAS, Dave Aeinzinger has recently left hasposition as Director of Public corks aitel faithfully servin.L, the City of Livonia in that capacity for the past five yerus; and 41-CERLA' durini: his tenure as Director of Public 4vorks„ each member of the City Council came to know Day, i-ieinzim.,er and to respect him for his sound working i-noT,41ed, e of public ,,orks and his unselfish desire to work for the best interests of trim s connunity; NOW, THISILFORL, be IT lib or Vsl) that, loving earned the respect and esteem ni all His acquaintances, the Cit,/ Council believes it fitting Page 5o6o and proper to record at this time its appreciation to "Dave" for his wise counseling in public works matters, infalling courtesy, his continued willinc_);neJs to be of help and for a job qell done, and the Council further hopes to enjoy Dave 's fellowship in the future and extends to Dave its best wishes for success in all of his future endeavors. By Councilman ,)alvadore, seconded by Councilman Grant and unanimously adopted, it was #811-61 RESOLVED that, the letter dated November 9, 1961, from state Senator Raymond D. Dzendzel„ together with the letter dated November 3, 1961 from the Michigan Municipal League, relating to possible legislation requiring land developers to set aside and provide sufficient property for school and park sites, is hereby referred to the Legislative Committee of the Council with the E.;uggestion that the committee arrange a meeting between Senator Dzendzel and the Council to be held. some time between now and January, 1962. By Councilman ,aeinert, seconded by Councilman Daugherty and unanimously adopted, it was #812-61 RILOLVED that, having considered the report and recommendation dated Jepte.rabor 29, l;-61, from the Chi of City -ngineer (pursuant to resolution #271-61), approved by the 1'1ayor and Director of Puolic dorks, with respect to a certain drainae problem on Greenland Avenue, and be- cause of the nature of such problem and the estimated cost of correction, the Council does hereby determine not to take any further action regarding this matter unless the property owners indicate a willingness to assume a substantial amount of such cost; and the City Clerk is hereby requested to forward a only of this resolution together with a copy of the afore- mentioned engineer 's report to Mr. Earl R. Milburn, 2150/4 Oxford, Farming- ton, Michigan. Councilman Ponder introduced the following Ordinance by title only: AN ORDINANCE AMENDING EC TICPI`,1) 2)4.0, 27.0, 30.0 AND 31.0 OF ORDINANCE NO. 12, As A.,11,11,1f.a.J, OF THE Ca'iY OF LIVOT.]:J1, EiITITTjD "AN ORDINANCE REG DATING AND LICENSING CERTAIN BUdIHEEd IN THE CI TY OF Livn,:IA PROVIDING FENALTIED FOR VIOLATION THEREOF." THE CITY OF LIVONIA ORDAINS: Section 1. Section 214.0 of Ordinance No. 12, as a_raendeu, of the City of Livonia entitled, "An Ordinance it,gulatint, and Licensing Certain Businesses in the City of Livonia and Providing Penalties for Violation Thereof," is hereby amended as follows: Section 214.0. Junk healers; Junk Collectors and Scavengers. 24.1. No person shall engage in the business of dealer in scrap iron, scrap metal, scrap wood, used auto parts or any form of goods commonly Pae 5061 considered as junk, nor assemble same at one location for the purpose of sale without first obtaining -1 license therefor. 24.2 No such license shall be granted: (a) Except upon certification of the Police Chief, the Fire Chief and the health Officer; (b) unless the applicant therefor files with his al,plication the written consent of seventy per cent of the owners of exclusively residential property within a radius of 1000 feet of the property where such business is to be conducted; or (c) for conducting such busineas on a vacant lot or in a partially en- closed structure unless such property is enclosed with a properly maintained, tight, board or other -type fence at least seven (7) feet above the street grade or if the fence line grade is higher than that of the street, at least seven (7) feet above the fence line grade, and erected in such manner as to conceal the premises from public view. 2)4.3 Each such license granted shall designate the particular place where said business is to he conducted and nn licensee shall engage in said business at any place other than that so designated. 24.4 No licensee shall purchase or receive any article: (a) between the hours of' 7:00 P. M. and 7: A. M.; (b) or any sunday; (c) from any person andel the age of 17 ears, without written consent of' parent or guardian; and (d) from a person known or suspected to be a thief or a receiver of stolen property. 24..5 No person shall engage in the business of a scavenger or travel upon, or use the roads, streets or alleys of the City of Livonia for the purpose of picking up, trading, and/or buying scrap metal, scrap wood„ scrap iron, auto parts, papers, magazines or any similar material, whether it se used or new, which is co, monly considered as scrap or junk, escept as established charitable organization, church or school group, without firs t obtaining a license therefor. 24.6 No such scavenger's license shall be granted by the City Clerk unless and until the particular applicant is apiroved of by the Police De- partment as to either general business or personal reputation. 24.7 No person or individual licenses of scavengers shall operate on the highways, streets or alleys of the City of Livonia between the hours of 5:00 P. N. and 6:00 A. M., nor on any Sunday. Section 2, Section 27.0 of Ordinance No. 12, as amended, of the City of Livonia is hereby amended to read as follows: Section 27 .0 Transient Merchants, solicitors, Canvassers or Peddlers. 27.1 The term "transient merchant" as used in this ordinance shall mean any person, firm or corporation engaged temporarily in a retail sale of goods, wares or me-rchandise, in any F lace in this City and who, for the purpose of conducting such business, occupies or uses any lot, building, room, structure of any And or any venic le. Such terms shall include: Page 5062 (a) ni Linerant merc(ants"; (b) "itinerant vendors"; (c) persons, firms or corporations who snail be engaged in selling goods, wares or merchandise at retail in this City and who are not on the tax ro us of this City; and (d) any person, firm or corporaLion who commences a business of selling goods, wares and merchandise at retail within this City after the first day in January in any year and who is not assessed on the tax roll for such year. The term "transient merchant" shall not include any1-aroduce merchants to whom a Class A, 13 and C License shall have been issued under Section 114.0 of this ordinance. 27.2 It shall be unlawful for any person, firm or corporation, either as principal or agent, to engage in business as a peddler or transient merchant in the City of L.Lvnnia without having first obtained a license in the mai ner herein provided. 27.3 No license shall be granted except upon certification of the Chief of Police and health Officer. 27./4 Before any license, as provided by this ordinance, shall be issued for engaging in the business of a peddler or a transient merchant, the ap- plicant, shall file with the City Clerk the following instruments: L (a) A cash or surety company b ond running to the City of 'Avon La in the sum of One Thousand Dollars (4,1,000.00), conditioned on full compliance by applicant with all the provisions of the ordinances of the City of Livonia and the statutes of the state of Michigan, regulat- ing and concerning the sale of goods, wares and merchandise, and further conditioned on prompt payment by applicant of all judgments rendered against applicant for any violation of said ordinances or statutes, or any of them, together with all judgments and costs that may be recovered against such applicant by any person or persons for damage growing out of any misrepreeentations of ap licant or of applicant's agents or servants, eithe r at the time of sale or through any advertisement of any c haracter whatsoever. (b ) An instrument api_ointing the City Clerk as the true and lawful agent of applicant with fuLlpower and authority to accept service or process for and on behalf of applicant in respect to any matters con- nected with or arising out of the business transacted under said license and the bond required by this orcanance„ or for the performance or breach of any of the provisions thereof, with the result that service on said agent shall be as valid as if personally served on the applicant. Said instruments shall be in such form as may be approved by the City Attorney. Action on said bond may be brought in the name of the City for the use of the aggrieved persons. On receipt of any process, the City Clerk shall promptly send a copy to applicant, by registered mail directed to the address stated in the ap, licantion for such license. 27.5 No license to engage in business as a peddler or transient mercnant shall be granted to any person unless a complete set of fingerprints of such person and of any person assisting him are on file in the noncriminal Page 5063 identification file of the Police Department. 27.6 No licensee shall be entitled to mora than one helper on foot for each vehicle used in said business. 27.7 No person shall se ,.1 or paddle fresh meat upon any street, alley or public place. 27.8 No peddler including street vendors shall create any disturbance by any instrument, horn, bell or device in connection with his operations. No peddler, including street vendors shall sto or remain in any one place upon any street, alley or public place longer than necessary to make a sale for a customer wishing to buy, and in no event shall any such peddler or street vendor stop for a period longer than twenty (20) aunutes at any time; provided further, that no licensed peddler or street vendor shall stop for the purpose of selling or offering to _,ell any food products within a distance of five hundred (500) feet from any public, private or parochial school building or the lands on which such school buildings are located in the city on any days during which such school is in session or on any days during which the building is being used for educational or recreational purposes. No licensee operating as a peddler or street vendor shall unreasonably inter- fere with traffic or cause or permit large numbers of persons, particularly children, to congregate upon the l ub lic streets of tris city. 27.9 It shall be unlawful for any person to use the public streets or public places for the purpose of engaging in the business, occupation or p-stime of solicitor, canvasser, or peddler as hereinafter defined without first having registered with the City Clerk and having obtained a license to do so as hereinafter provided. 27.10 Whenever the tem "solicitor," "canvasser," or "peddler" is used in this ordinance it shall be construed to mean any person whether principal or agent w to shall go in and upon the public streets, alleys, ways, parks and places of the City of Livonia, traveling from place to place or from door to door of homes, apartments or any dwellings, offices, stores, hotels, motels, restaurants or other places of business, engated in selling at retail, or offering or taking orders to sell, barter, canvass or peddle to members of the public or to regular customers any article of goods or merchandise or services. 27.11 Any person who shall fall within the definition of "solicitor," "canvasser" or "peddler" shall be re euired to register with the City Clerk's office and furnish the following information: name, residence address, age address of principal or organi nation with which affiliated, type of vehicular equipment, kind and description of articles to be s old or offered for sale and method of operation. 27.12 All persons soliciting or canvassing for a commercial purpose as defined supra, shall be re quirea to furnish an instrument appointing the City Clerk as true and lawful agent, according to the provisiors of this ordinance. All solicitors and canvassers shall, upon approval of their ap- plication and fulfillment of all necessary prerequisites, be issued an identification card,in a form to be prescribed by the City Clerk, in con- junction with Chief of Police. This card shall be carried on the person at all times while soliciting or canvassing and shall be produced immediately Page 5064 at the request of any person who is visited or confronted in the course of the solicitation or canvassing as herein above defined. section 3. Section 30.0 of Ordinance No. 12, as amended, of the City of Livonia is hereby emended to read as follows: Section 30.0 Fees and Bonds Required. 30..1 The fee required to be paid and the amount of any bond required to be posted to obtain any license to engage in the nperati nn, conduct or carrying on of any business for which a license is required by the provisions of this ordinance shall be based upon the type of orders taken, number of facilities or employees, ponds or merchandise sold, or inspection or regula- tion required and upon the length of time for which such license is issued, and no license shall be issued to any applicant unless he first pays to the proper authority the fee and posts a bond in the amount required for the type of license desired, as indicated in the following schedule: LICENSE, FEE AND BONDS Bowling Alley: First Alley, $5.00 per year; Each additional, „1.00 per year. Boxing and drestlin hibition, $10.00 per day. Coal and Coke: Each truck, $2.00 per year. Dance Hall, $15.00 per year. Dance School, $5.00 per year. Dry Cleaning, Pressing, Dyeing or I.a,undry: For each local plant or place of business, $3.00 per year. For each delivery v.nicle, where plant is not operated within the City of Livonia, $10.00 per year. i"}nployment: Agency, $15.00 per year. Gasoline aervice Station: First pump, $5.00 per year; Eadh additional pump, 41.00 per year. Junk Yards and Dealers, $100.00 per year. Junk Collectors and Scavengers, $100.00 per year. Mechanical Amusement Device, $5.00 per year. Mechanical Music Device, $2.50 per year. Mechanical Vending Device: The first ;achine at any single location or building, $3.50 per year; The next 2 to 5 machines at a single location or building, $1.25 per machine, per year; The next 6 to 10 machines at the singly location or building $1.00 per machine per year; The next 11 to 25 machines at the single location or building, per machine per year; ,The next 26 to 50 machines at the single location or building, $.50 per machine, per year; Over 50 machines at the single location or building 43.35 per machine, per year. A single location shall be defined as a single building and/or contiguous area owned, leaded and/or under the supervision or control of one pro- prietor. A group of buildings shall be consider d as one location only Page 50611. wnen there exists an enclosed passageway linid..ng the group of buildings and they are owned, leased and/or under the supervision or control of one proprietor. Outbuildings such as stables, barns or service and storage buildings shall be deemed part of a single location when the operations conducted therein are completely dependent upon and related to the operations of the primary loc•I ion. A vendor, for the purpose of these provisions, shall be the owner and/or installer of the vending machines, and shall be deemed the pro- prietor of the business or location at which the machine is placed only when such proprietor, in fact, ofans the vending machine and does not share the proceeds with another vendor. The vendor shall be primarily responsible for the payment of the fee. It shall, however, be unlawful for the proprietor of the business or location at which a vending machine is located to permit or allow a vending machine whiQh is not properly licensed or for which proper fees have not been paid to be used or remain upon his premises. The proprietor shall be secondarily responsible for the payment of fees and may be required to do so if the party primarily responsible fails to promptly pay the required fee. Peddlers, Canvassers and Solicitors - $5.00 per day; 4 25.00 )er month; $1.00.00 per year. Bond - $1,000. Pool and Billiard Rooms: First toble, $5.00 per year; Lach additional, 4'1,1.00 per year. Produce 'ierchants: Class A - $2.00 per year. Class B - 610.00 per year. Class C - yp35.0O per year. Secondha}d Merchant: $25.00 per year. Skating Rink, $15.00 per year. Theatre (per seat), $.03 per year. Trapsient Merchant, $10.30 per day, ` 35.00 per month; $150.00 per year. Bond - '411000.00 30.2 hacn peddler licensed under this ordinance shall be entitled to not more than one helper or assistant who shall pay a license fee equal to one-half of the fee paid by such peddler. 30.3 A separate license and fee shall be required for each place of business, locatioh or vehicle used by any transient merchant. Section 4.. Section 31.0 of Ordinance No. 22, as amended, of the City of Livonia is hereby amended to read as follows: section 31.0 Delivery of Merchandise. 31.1 This ordinance shall not in any way affect or regulate trucks or motor vehicles operated within the Cityf or the following purposes: (a) for the wholesale distribution and delivery of goods, wares and merchandise; and (b) for the delivery to residences of milk, cream, eggs, dairy products and baked goods. 31.2 This ordinance shall not affect nr regulate the sale or distribu- tion of newspapers. Page 5065 Section 5. Ordinances No. 209 and No. 2L1 are hereby repealed as of the date this ordinance becomes effective and 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. bhnuld 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 remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Ordinance not adopted November 27, 1961. ** By Councilman Kleinert, seconded by Councilman Grant and unanimously adopted, it was #813-61 RESOLVED that, the letter dated November 8, 1961, from Robert L. Svoboda Associates, 13829 ,lest Eight Nile Road, Detroit 35, Michigan, regarding sewer facilities to service new buildings to b e constructed by Madonna College at the northwest corner of Schoolcraft and Levan Road, is hereby referred to the Chief City Engineer for his report and recommenda- tion, which report is to indicate (1) the estimated cost of providing sewers to service such new buildings, and (2) the location of the nearest existing or proposed sanitary sewer installations, and (3) any further informatior which might assist the Council in arriving at a determination of this matter. By Councilman Daugherty, seconded by Councilman Grant, it was #81)1-61 REOOLVED that, the Council does hereby reject all bids received by the bid committee on October 10, 1961, for Guard Rails, and the Depart- ment of Public dorks is instructed to readvertise for bids on Guard Rail as referred to in the letter. of October 16, 1961 from the Superintendent of Operations Division, and that the request for bids be sent to those companies included in the letter dated November 17, 1961 from the Budget Director. A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, Salvador:, Daugherty, Ponder and Bagnall. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Grant, seconded by Counci lman Kleinert, it was RESOLVED that,having considered the report and recommendation of the Superintendent of Operations Division, dated Oc toue r 16, 1961, ap- proved by the Mayor and Director of Public Works, the Council does hereby accept the bid of DeKeyser Plumbing Supply Co., 12121 Mack Avenue, Detroit 35, Michigan, for supplying the City with Lu and 61' transite pipe at the Page 5066 respective unit prices or 3i4i and 53¢; and the Council also accepts tee bid of Johns-Manville, 132. Fisher :dld.;., Detroit 2, Michigan, for supply- ing the City with the balance of the transite pipe items for which oids were secured, such having been the lowest bids received for such item. A roll call vote was taken on the fore oin,, resolution with the following result: .AY 2,o; Grant and Kleinert. NAYc; .)alvadore, Daugherty, Ponder and Bagnall. The President declared the resolution denied. By Councilman Daugherty, seconded by Councilman oa.lvadore, it was #615-61 I IJOLV :D that, the Council doe hereby reject all bids received by the bid committee on Octoaer 10, 1961, for transite pipe and the De- partment of Public 6Iorks shall readvertisa for bids for Transite Pipe and that the requests for bids be sent to biose companies included in the letter dated November 17, 1961, from the Budget Director, addressed to the Council; and that an invitation to bid be sent to the DeKeyser Company. A roll call vote wa' taken on v :i e ,T ?-1-tL L AYES: Jalvadnn-, DaL5' '.,y, Kleinert, Ponder and Bagnall. NAYS: Grant. tiro The President declared the resolution adopted. By Councilman aalvadore, seconded by Councilman Kleinert and unanimously adopt ed, it was 016-61 RSOLVED that, the letter dated October 17, 1961, from Paris Home Builders, Inc., regarding certain property designated as a prof.used fire station site on the Master Fire utation Plan, is hereby referred to the Director of Public .safety for rds report and recommendation and in this connection the Council sug gists that the Director consult with the City Planner and the Chief City inadineer in the course of making such report. By Councilman Ponder, seconded b1, Councilman salvauore, it w s #817-61 RESOLia) that, the City Harming commission 'raving denied on October 17, 1961, the request contained in Petition M-231 filed by Rev. ii. Speer to use certain property situated in section 13 for church purposes, and the said Rev. ri, ,,peer having timely filed his appeal from such decision lith the City Council in accordance with the provisions of section 17.02 of the Boning Ordinance of the City of Livonia, and the Council eavinfg reviewed all attendant facts and circumstances and having considered the comments of' the petitioner and also those residents present objecting to such petition, the Council does hereby determine to and does reverse the decision of the City 1 lanning Corrtmis s] on and the said Petition M-231 is hereby granted. A roll call vote was taken on the foregoing resolution with the following result: Pa, e 5067 AYEO: ealvadore, Daugherty, 'Kleinert, Ponder and Jag-nall . NAY : Jrant. The President declared the resolution adopted. At 9:25 P. M., a recess wns cal ed, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting, except Councilman Ponder who returned at a later time. The letter dated , epteraber 2E, 1,61, from the Lamplighter Lions Club of Livonia regarding exemption fromVending Lachine Tm2 , was removed from the agenda to the next regular meeting of the Council. By Councilman Kleinert, seconded by Councilman Grant, it was #818-61 fie,':DOL1.L1] that, having considered the offer dated November 2, 1901, from Benjamin D. Burdick, regardin,!, the possiole sale of the exist- ing Police Department building, the Council does nereby take this means to advise the writer that it is not the Council's present intention to dispose of such property, and to further advise the writer that in the event the Council does decide to dispose of it at a later date, he will. be notified. Councilman Ponder returned at 9:)1/1 1 . M. A roll call vote was taken on the foregoing resolution with the following result: A 'Ee; Grant, ealvadore, Daugnerty, Kleinert, Ponder and Bagnall. NAYe; None. By Councilman Daugherty, seconded by Councilman ealvadore and unanimously adopted, it was 019-61 OLVidJ that, having considered tne offer dated October 25, 1961 from Arthur C. bchott to sell certain property to the City of Livonia for use as possible headquarters for a Livonia Civil Defense Department, the Council does her by take this neans to advise the writer that the Council has no intention of acquiring any property for such purpose at the present time. By Councilman fonder, seconded by Councilman Daug he rty, it was #820-61 lUdOLVLD that, taving considered the request dated November 2, 1961, from the local Director of Civil Defense regarding the installation of a public warneng system for the City of Livonia, the Council does hereby determine to take no further action regarding this matter at this time. A roll call vote was taken on the foregoing resolution with the following result: Page 5068 AYES: balvadore, Daugherty, Kleinert, Ponder and Bagnall. NAYS: Grant. The President declared the rusolutic n adopted. By Councilman balvadore, seconded by Councilman Daugherty, it was #821-61 RbeOLVEJ that, laving considered the report and recommendation dated November 3, 1961 from the Chief City Engineer, approved by the Mayor and Director of Public 'Works, the Council does herein authorize and re- quest the City Clerk to make application to the Detroit Edison Company, on forms provided by such company, for the installation of ornamental street lights with underground wiring to be installed on the service roads and parking lots for the Police Headquarters and dater Board Buildings, now under construction on the Civic Center bite, in accordance with and as shown on the Detroit Edison drawing No. S-315u3, dated Jeptember 6,1961, it being the determination of the Council that such location and area requires lighting for the convenience and safety of residents of this community; and the Council will in the future provide for sufficient appropriation of funds to cover the cost of such installation. A roll call vote was taken on the fore Ding resolution with the following result: AYES: Grant, Salvadore, Daugherty, Kleinert, Ponder and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman Ponder and unanimously adopted, it was #822-61 RESOLVED that, having considered the recommendation from the Chief City langineer, dat::d November 3, 1961, approved by the Mayor and Director of Public works, regarding the construction of a portion of the contemplated boulevard within the Civic Center area, the Council does hereby refer the same back to the Engineering Li-vision for further con- sideration and report indicating the possibility of obtaining federal funds to finance, in whole or in part. By Councilman Ponder, seconded by Councilman Salvadore and unanimously adopted, it was #823-61 RbSOLViI) that, having considered the communication dated October 31, 1961 from the Chairman of the Traffic Commission regarding the ac- quisition of land for the establishment of an alley to run parallel to Grand River, the Council does hereby determine, after due deliberation, to take no further action nn such recommendation. By Counci Irian Jalvadore, seconded by Councilman Kleinert and unanimously adopted, it was Page 5069 ##821.-61 RESOLVED that, having considered the cor unication dated October 30, 1961, from the Chairman of the Traffic Commission regarding the installa- tion of a sidewalk on the north side of fest Chicago, east from Middlebelt to Emerson Junior High School, the Council does hereby request the City Clerk to transmit a cot y of Council resolution #202-61 to the Chairman of the Traffic Commission, which resolution indicates the Council's established policy and decision regarding such an installation. Councilman Kleinert introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 8 OF ORDINANCE NO. 1)48 OF THE CITY OF LIVOIaA, K HOAIN A D CITED AS THE "dEED O-,.DINANCE." THE CITY OF LIVON'A ORDAINS: Section 1. Section 8 of Ordinance No.148 of the City of Livonia, known and cited as the "Weed Ordinance," is hereby amended to read as follows: Section 8. Right of City to Reimbursement. Whenever the Department of Public corks shall spray, cut or by any other method remove or destroy weeds pursuant to the provisions of this ordinance, the Director is hereby authorized and directed to issue a certificate determining and c ertifying the reasonable cost involved in the removal and destruction of such weeds. The Director is also authorized to add to such cost a twent, -five per cent (25%) administration charge to cover the expense of a dministering the re- moval and destruction of such weeds. q statement of such costs shall then be sent to the owrer, occupant and/or agent of the owner made payable to the Treasurer. If not paid to the Treasurer within sixty (60) days from the date said statement was forwarded to the party, then such statement shall be filed with the City Assessor and the amount certified by the Director as being the reasonable cost for removing and/or destroying such weeds, together with incidental costs, shall be assessed against the land in question or become a lien nn such property in accordance with the pro- visions of Chapter VIII, Section 15 of the City of Livonia Charter. The amount so charged against the delinquent property owner may be discharged at any -time by the payment of the amount specified in the statement charge- able to such delinquent property owner together with interest at the r ate of six per cent (6%) per annum compiled from the time of filing said certificate with the City Assessor. 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. should any portion of this ordinance be held invalid for any reason, such holding jha11 not be construed as affecting- the validity of any of the remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Page 5070 Councilman Daugherty introduced the following Ordinance by title only: AN ORDINANCE AMENDING SECT'IoN 5.33 OF CHAPTER 5.0 OF ORDINANCE NO. 21 OF THE CITY OF LIVONIA KiNJO',IN AND CITED AS THE "TRAFFIC f4DINANCE." THE CITY OF LIVONIA ORDAINS: Secti mn 1. section 5.33 of Chapter 5.0 of Ordinance No. 21, the "Traffic Ordinance" is hereby amended to read as follows: Section 5.33 `'ize, Weight and Load Restrictions. (a) Definition. For the purpose of this section, passed pursuant to erection 726 of Act 300 of the Public Acts of 14.9, as amended, the following terms and phrases shall be defined as hereinafter specified: 1. "Class A' Road. The following streets, roads, highways and thoroughfares within the City of Livonia are herewith designated "Class A" roads: Eckles Road from Plymouth to Schoolcraft Fanaington Road from Joy to Eight Mile Road Five Mile Road from Eckles to Inkster Road Inkster Road from Schoolcraft to Joy Road Joy Road from Farmington to Inkster Road Middle Belt Road from Joy to Eight Mile Road Newburgh Road from Joy to Ann Arbor Road Plymouth Road from Eckles to Levan Road Schoolcraft Road from Eckles to Inkster Road even Mile Road from Hag ;erty to Inkster Road Six Mile Road from Ha„ erty to Inkster Road Jayne Road from Joy to Plymouth Road West Chicago from diddle Belt to Inkster Road 2. "Class B" N.o^d. A "Class B" road shall be any streep, road, highway or thoroughfare within the City of Ldvonia which is not specifically classified as a "Class A" or an-Lass C" road and which is not designated as a state trunk line. 3. "Class C" Road. The following streets, roads, highways and thoroughfares within the City of Livonia are herewith designated "Class C" roads: Angling Road from seven Mile jtioad to.Bight Mile Road Bell Creek Lane from Farmington to six Mile Road Berwick from Jamison to Five Mile Road Bloomfield from Farrington to Bell Creek Lane Blue skies from Margareta to seven Mile Road Boston Post from Beacon to Stark Road Brennan Court from off Lyndon Brentwood from Seven Mile Road to Pembroke Cardwell from Joy rcoad to vest Chicago Clarita from Farmington to Loveland Page 5071 Coventry Drive from Ashurst to Five Mile Road ima Curtis from Loveland to Mayfield Dardenella from Nnla to Blue skies Elmira from Hubbard to Merriman Fairfield from Mayfield to Six Mile Road Fargo from Angling to Inkster Flamingo from Lyndon to Any Flamingo from Seven Mile Road to Bretton Garden from Jamison to Five Mile road Grantland from Newburgh Road to the vdest 2060 feet .aml shire from Southampton to Stamford Harrison i rom Jamison to Five Mile Road Hartel from Joy load to Brandon Hathaway from Stark to Farmington Road Henry Ruff from Five Mile Road to Hoy Hillcrest from Schonicraft Road to Lyndon Horton from Ann Arbor Trail to Ann Arbor Road Hoy from Flamingo to henry Ruff Hubbard from Jamison to Five Mile Road Hubbard from Five Mile Road to six Mile Road Hubbard from Norfolk to Eight Mile Road Jamison from Garden to Harrison Lathers from Seven Mile Road to the north 1320 feet N. Livonia Crescent from off dil.lcrest s. Livonia Crescent from off Hillcrest Louise from Joy itioad to Grandon Loveland from Curtis to seven Mile Road Margareta from A:i_.. Road t n `3lue skies Mason Court from off hillcrest Morlock from Middle Belt to Maplewood Morlock from Melvin to Middle Belt Nola from ilargareta to Dardenella Norfolk from Farmington to Hubbard Norwich from Oakdale to Rayburn w1. Nye Court from off Flamingo Olson from 0 bow to Aartel OranLelawn from Hub and to Merriman Oran,elawn from stark to F.Irmi.ngton 0—bow from J ny Road to Brandon Pickford from Myron to Farming ton Pri:3ci1la Lane frnm Plymouth to Bostoh Post 'Puritan from henry Ruff to Middle Belt 1 uritan from Merriman to the East 2000 feet Rayburn from southampton to Farmington Rayburn from Farmington to Hubbard Rensellor from s, ven Mile Road to Cambridue Richland from stark to Farmiriuton Rnugeway from six Mile Road to Inkster Roy crof t from Ashurst to Farmington siiad{side from Pickford to s::ven Mile Road Southampton from LaMoyne to Oakdale Stamford from Five Mile Road to Oakdale stanmoor from Harrison to six Mile Road stark from Schoolcraft to the C; & 0 R. R. .Mark from Plymouth Road to Hines Drive Susanna from 14nrfgareta to Dardenella Page 5072 Terrence from Middle Belt to Foch dadsworth from Deering to Inkster darner Court from off L)choolcraft Westmore from Curtis to eev.n Mile Road Weyher from . even Nile Aoad to Bretton Whitby from Dnrais to ilarnpshire dhitcomb from Harrison to etanmoor. 4. A single axle is any axle on a vehicle which is situated or mounted nine feet or more from any other axle on the same vehicle. 5. A vehicle is any motor vehicle, and a tractor with one or more trailers shall be considered as one (1) vehicle. 6. A tandem axle is an axle on a vehicle which is situated or mounted more than three and one-half feet (3-1/21 ) from another axle but less than nine (9) feet from any other axle on the same vehicle. An axle situated in this manner may not be considered a single axle for any purpose under the terms of this ordinance. 7. Gross axle load shall be the load, in terms of pounds, supported by a single or tandem axle. An axle which is situated or mounted less than three and one-half feet (3-1/2' ) from another axle on the same vehicle shall not be deemed to be a single or tandem axle for the pur- poses of these limitations; and two or more axles situated or mounted less than three and one-nalf feet (3-1/2 ' ) from each other shall be considered as one (1) axle, and the combined weight thereon shal] not exceed allowable loading for a single axle. 8, Rigia pavement is pavement which eas a concrete base. 9. Flexible pavement is paw ment which has a base other than concrete. 10. Thaw conditions shall be deemed to exist during the months of March, April and May. 11. Normal conditfons shall exist at all times other than the above months when thaw conditions are deemed to exist. (b) Limits; ,ormal Conditions. It shall be unlawful for any person, firm or corporation to nuelate or allow the operation of any vehicle during normal conditions upon any street, road or highwa:y within the City of Livonia if the gross axle load shall exceed the maximum allowable limits hereinafter specified: 1. The maximum allowable limit for each single axle upon "Class A" roads shall be 16,000 1. ounds; the maximum allowable limit for each tandem axle shall be 160000 pounds. 2. The maximum allowable limit for each single axle upon "Class B" roads shall be 16,000 pounds; the maximum allowable limit for each tandem axle shall be 13,0:0 pounds. Page 5073 3. The maximum allowable limit for each single axle upon "Class C" roads shall be 12,000 pounds. A gross axle load is not assignable to tandem axles, as hereinabove defined, upon "Class C" roads, and the total gross weight allo,fable for any vehicle shall be computed only with re- ference to the single axle. (c) Limits; Thaw Conditions. It shall be unlawful for any person, firm or corporation to operate or allow tne operation of any vehicle upon any street, road or highway within the City nf Livonia during thaw conditions if the gross axle load shall exceed the maximum allowable limits hereinafter specified: 1. The maximum limit for each single axle upon "Class A" roads shall be 13,500 pounds; the maximum allowable limit for each tandem axle shall be 10,500 pounds. 2. The maximum allowable limit for each single axle upon "Class B" roads of a flexible type construction shall be 11,700 pounds; the maximum allowable limit for each tandem axle upon flexible "Class B" pavements shall be 8,450 pounds. 3. The maximum allowable limit for each single axle upon "Class B" roads of a rigid pavement -type construction shall be 13,500 pounds; the maximum allowable limit for tandem axle upon "Class B" roads of a rigid pavement t„ pe construction shall be 9,750 pounds. 4. The limitations api :ii cable to single axle and tandem axle vehicles on rigid pavement t pe "Class B" roads shall apply to unsurfaced "Class B" roads. 5. The maximum allowable limit for single axle vehicles operating upon "Class C" roads shall be 9,000 pounds. A gross axle load is not assignaole to tandem axles as nereinabove defined upon "Class C" roads, and the total gross weight allowable for any vJnicle shall be comi.uted only with reference to the single axles. (d) special Permit. The Director of 1-ublic aorks or his authorized representative, with respect to highways and streets under the jurisdiction of the City of Livonia, may in his discretion, upon application in writing and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or remove a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this ordinance or otherwise not in conformity with the provisions of this ordinance; provided, however, that such permit shall be issued subject to the provisions of this ordinance and the ap, licable statutes of the state of Michigan. (e) Transportation. If t,he, load carried by any truck or motor vehicle over the puolic streets of the city is of such nature that it is li icely to fall from said truck during its operati ons over the streets in the city, then in that event all trucks and rotor vehicles carrying said loads shall be covered with a substantial canvass or other suitable covering securely fastened over said load so as to prevent its falling from the vehicle. Pae 5074 (f) Tires. The tires of all motor trucks, tractors, trailers, or semi- trailers shall rye considered defective, and the use thereof shall not be permitted, if the rubber or other material has been reduced by wear, to a thickness of less than one (1) inch, or if such tires have been so worn or otherwise damaged as to cause metal contact or pounding upon the pavement. No person shall operate or drive any motor truck, tractor, trailer, or semi-trailer on the streets of the City of Livonia, the tires of which are equipped with metal that comes in contact or partial contact with the pave- ment, except wher chains or other proper non-skidding devices are used. (g) Administration. Any member of the Police Department of the City r)f Livonia is hereby authorized to stop any venicle on the streets or alleys of the City of Livonia for the purpose of determining whether such vehicle is loaded in excess of the schedule and provisions contained in this section, and, if it snail be found that such vehicle is loaded in violation of the schedule and regulations herein provided for, the person stopping such vehicle shall have the right and duty, at that time and place, to order the excess load to be removed from such vehicle; provided, however, that nothing herein contained shall be construed to bar a complaint for any violation of this section. (h) Prohibitive Parkinb; Flares. No person shall leave any machinery or other heavy load on the s treat at night except in the case of an emergency, in which case tnere shall be a sufficient number of colored lights or flares thereon during the period from one-half hour after sunset and until one-half hour before sunrise end visible for a distance of 2 )0 feet along the street. (i) Jvheels. No person shall move any machinery or other heavy or bulky load into, along or across any streL t or alley, unless the wheels under such load are so equipped as to prevent such wheels from cutting, breaking or injuring the road surface. 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. 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 remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Kleinert, seconded by Councilman Daugherty, it was i-A225-61 RE,DOLVED that, having considered the communication from the Michigan Municipal reague,dated November 2, 1961, with respect to mem- , bershie in the Michigan Good Roads Federation, the Council of the City of Liven a does hereby take this means to inform the Michigan Municipal League of the Council's decision riot to become a member of such Federation. A roll call vote was taxen n the fore ;Ding resolution with the following result: Page 5075 AYES: Grant, Daugherty, Kleinert, Ponder and Bagnall. NAYS: Salvadore. The President declared the resolution adopted. By Councilman Grant, seconded by Councilman Salvadore, it was #826-61 RESOLVED that, having considered the request dated hovember 3, 1961, from the Parks and Recreation Commission, approved by the Mayor and Budget Director, regarding funds to continue adult programs, the Council does hereby transfer from the Working Capital Budget Account of the Capital Improvement Program to the Adult Activities Budget Account of the Recreation Department the sum of 2,300.00 for this purpose. A roll call vote w.ls taken on the foregoing resolution with the following result: AYES: Grant, Salvadore, Daugherty, Kleinert, Ponder and Bagnall. NAYS: None. The letter dated November 9, 19b1, from the International Salt Company regarding its proposal to furnish salt to the City, was received and placed on file. to. On motion of Councilman Grants seconded by Councilman Kleinert and unanimously adopted, this 3149th regular meeting of the Council of the City of Livonia was duly adjourned at 10:00 o 'clock P.M., November 20, 1961. W. Clark, City Clerk * * iEE PAGE 5075 OF MINUTES.