HomeMy WebLinkAboutPUBLIC HEARING 1958-05-19 SAD FAIRFIELD Page 3406
MINUTES OF PUBLIC HEARING ON ASSESSMENT ROLL
FOR ROAD DRAINAGE IMPROVEMENTS ON FAIRFIELD AVENUE
FROM SIX MILE ROAD TO CURTIS AVENUE
On May 19, 1958, the above hearing was held at the City Hall, 33001 Five
Mile Road, Livonia, Michigan, and was called to order by the President of the Council
at approximately 9:00 P. M. Present-- Austin T. Grant, Frank O'Neill, Rudolf R.
Kleinert, Robert Sasser, Jack Salvadore and James R. McCann. Absent-- Sydney B.
Bagnall.
The President stated that, pursuant to the provisions of Ordinance No. 31
of the City of Livonia, as amended, and likewise pursuant to a Notice of Public
Hearing duly published and sent to property owners in accordance with Section 12 of
said Ordinance No. 31, as amended, the City Council was opening a Public Hearing
for the purpose of reviewing the special assessment roll for road improvements in
Fairfield Avenue from Six Mile Road to Curtis Avenue.
The President of the Council read communications from the following:
Mr. Daniel Sawka, 17251 Fairfield Avenue
Mr. and Mrs. Frank J. Ross, 17511 Fairfield Avenue
Mr. Harold Compton, 17230 Fairfield Avenue
Mr. L. E. Devers, 17310 Fairfield Avenue
Mr. and Mrs. Harold Wilson, 17210 Fairfield Avenue
Mr. George H. Platt, 17231 Fairfield Avenue;
which were received and placed on file.
Questions and comments made by residents were given due consideration by
the Council, which questions and comments appear in a transcript of this meeting on
file in the office of the City Clerk.
There being no further discussion, on motion duly made aaad adopted, the
Public Hearing for the purpose of considering the assessment roll for road drainage
improvements on Fairfield Avenue was declared closed by the President at approximately
10:20 P. M., May 19, 1958.
MARIE W. CLARK, City Cler
By 1,0, -e
Juanita Hillas,/Deputy CityClerk
Page 3407
MINUTES OF THE TWO HUNDRED FORTY-SEVENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On May 26, 1958, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:16 P. M., by the
President of the Council. Councilman Kle inert delivered the invocation. Roll
was called with the following result: Present-- Austin T. Grant, Frank O'Neill,
Sydney B. Bagnall, Rudolf R. Kleinert, Robert Sasser, Jack Salvadore and James R.
McCann. Absent-- None.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#304-58 RESOLVED that, the minutes of the 246th regular meeting of the
Council of the City of Livonia held May 12, 1958, are hereby approved.
By Councilman Salvadore, seconded by Councilman Sasser, it was
#305-58 RESOLVED that, having considered the report from the Department
of Law dated May 21, 1958, in regard to Circuit Court Case No. 287-073
entitled Edward F. Steiner v. City of Livonia, and having also considered
the offer of the plaintiff in said case to compromise and settle said liti-
gation, the Council does herein agree to pay to Edward F. Steiner $2,092.50
in accordance with the above offer of compromise and settlement; provided,
however, that the compromise-settlement agreed to herein shall not be con-
strued nor does it admit any of the claims, liabilities or charges asserted
by the plaintiff against the defendant City in said litigation; and provided
further, that as a condition precedent to the payment of the above sum, the
said Edward F. Steiner shall discontinue the above referred to litigation;
and that such payment shall be accepted as full and complete satisfaction
of all claims, liabilities or charges asserted by the plaintiff in the
above referred to litigation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, O'Neill and Grant.
NAYS: McCann, Bagnall and Kleinert.
The President declared the resoluti on adopted.
By Councilman Kleinert, seconded by CouncilmanSalvadore, it was
#306-58 RESOLVED that, pursuant to the report and recommendation of the
Superintendent of Operations Division and Director of Public Works dated
April 30, 1958, the Council does herein accept the bid of the Edward C.
Levy Company, 8800 Dix Avenue, Detroit 9, Michigan, for supplying slag
Page 31108
to the City of Livonia at the submitted bid price of $5,085.00, such
having been the lowest bid received for this item; and further that
pursuant to the above report and recommendation, the Council does herein
accept the bid of Telischak Trucking Company, 12300 Farmington Road, Livonia,
Michigan, for supplying limestone to the City at the submitted bid price
of $10,211.00, such having been the lowest bid received for this item;
and the City Clerk and City Treasurer are herein authorized to do all
things necessary to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Sasser, it was
#307-58 RESOLVED that, the report of the Finance Committee for the month
of April, 1958, is hereby approved and a summary spread on the minutes as
follows:
General, Administrative and Legislative: $11,477.87
Department of Public Safety: 2,617.0
Department of Public works: 10,649.83
Department of Parks and Recreation: 5171.82 $29,916.95
Insurance 9,813.58
Retirement 20,165.11
F. I. C.A. 16,816.68
Rydrant Rental 3,410.00
Acquisition of Land 4.25
Retirement Trustees 4..00
Civic Center 35.00
Grandon Avenue Bond, Interest & Agent Fees 5,235.29 55,483.91
TOTAL $85,Loo.86
General Ledger Accounts:
Contracts Payable 1,784.97
Advances 291.08
Gas Tax Refundable 486.45
D. P. W. Inventories 1,386.48 3,948.98
GRAND TOTAL $89,349.84
A roll call vote was taken on the foregoing resolution with t he following result:
IL. AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert sad Grant.
N AYS: None.
Page 3409
By Councilman Bagnall, seconded by Councilman Salvadore and unanimously
adopted, it was
#308..58 RESOLVED that, the Finance Committee of the Council is herein
authorized to contact the owners of certain parcels of land located ap•
proximately 550 feet south of Five Mile Road and located between Farmington
and Hubbard Roads in the .L orthwest 1/4 of Section 22, and enter into prelim-
inary negotiations with certain owners for the purchase of such property;
and that the Finance Committee shall, upon the conclusion of such preliminary
negotiations, report and recommend to the entire Council the terms and con-
ditions of purchase which, in their opinion, is most practical and beneficial
to the City of Livonia.
Councilman Kleinert read a report dated May 20, 1958, from the Legislative
Committee, which was received and placed on file.
By Councilman McCann, seconded by Councilman Kleinert and unanimously
adopted, it was
#309-58 RESOLVED that, the proposed ordinance amending Section 4.05 of
the Zoning Ordinance is hereby referred to the City Planning Commission
for public hearings thereon, aid for a recommendation back to the Council.
The hour of 8:30 P. M., having arrived, the Deputy City Clerk, Juanita
Hillas, opened and read the following bids:
DUTCH ELM SPRAY - Parks & Recreation
1. Michlin Chemical Corporation $1,038 per gallon
1%, 20 days
By CouncilmanSasser, seconded by Councilman O'Neill and unanimously
adopted, it was
#310-58 RESOLVED that, the foregoing bid for Dutch Elm Spray is hereby
referred to the Parks and Recreation Commission for report and recommenda-
tion.
#WATER SERVICE PARTS - Water & Sewer Division
1. Norwest Plumbing and Heating Supply Co., Detroit
2. Michigan Hydrant Valve & Mfg. Co., Dearborn
3. State Plumbing & Heating Supplies, Inc., Detroit
4. Kenneth Anderson Co., Detroit
5. W. T. Andrew Co., Detroit
6. A. Y. McDonald Mfg. Co., Dubuque, Iowa
7. East Jordan Iron Works, Inc., East Jordan, Michigan
8. Ellis & Ford Mfg. Co., Ferndale
9. Advance Plumbing & Heating Supply Co., Detroit
10. Nelson Company, Detroit
11. Murray W. Sales & Co., Detroit
Page 3110
*Copies of the foregoing bids are on file in the office of the City Clerk.
By Councilman Bagnall, seconded by Councilman Salvadore and unanimously
adopted, it was
#311-58 RESOLVED that, the bids for Water Service Parts are hereby re-
ferred to the Water and Sewer Division of the Department of Public Works
for report and recommendation to the Council, together with a summary of
all bids.
Councilman Salvadore read a letter dated April 21, 1958 from the Mayor
with regard to compensationfor the Chairman of the Parks and Recreation Commission.
By Councilman Salvadore, seconded by Councilman Bagnall, it was
#312-58 RESOLVED that, pursuant to the recommendation of the Mayor dated
April 21, 1958, the Council does herein establish the compensation for the
position of Chairman of the Parks and Recreation Commission at $50.00 per
month, such rate to be effective as of May 1, 1958.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman Sasser and unanimously
adopted, it was
#313-58 RESOLVED that, the complete plans for the Civic Center, as
referred to in the report of the Civic Center Committee, be referred
to the City Planning Commission fot report and recommendation.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#314-58 RESOLVED that, pursuant to the request of Irving Levine, President
of Burt Homes, Inc., dated May 16, 1958, and having reconsidered the recom-
mendation of the Planning Commission in connection with Petition No. Z-253,
the Council does herewith rescind Council resolution #301-58 adopted at the
regular meeting held May 12, 1958, and further having reconsidered the report
and recommendation of the City Planning Commission dated May 5, 1958, and
having; considered their subsequent communication dated May 19, 1958, as to
Petition No. Z-253 of Burt Homes, Inc., as amended by a letter from said
company dated February 25, 1958, the Council does herein grant the requested
change of zoning classification in the Southeast 1/4 of Section 22 from
RUF to C-i, R-1-A to P and RUF to P; and the City Attorney is hereby
instructed to prepare an ordinance amending Ordinance No. 60 in accordance
with this resolution.
Page 3411
By Councilman Sasser, s econded by Councilman Salvadore, it was
#315-58 RESOLVED that, pursuant to the report and recommendation of the
Superintendent of Operations Division and Director of Public Works dated
May 14, 1958, the Council does herein accept the bid of the Broquet Tractor
and Equipment Company for supplying to the City of Livonia one 1958 Ford
Tractor complete with front-end loader, at their submitted bid of $3,000.00,
such having been in fact the lowest bid received; and the City Clerk and City
Treasurer are herein authorized to do all things necessary to the full
performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following resulti
AYES: Sasser, Salvadore, McDann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
The letter dated April 30, 1958, from the Wayne County Drain Commissioner
concerning appointment of Board of Determination for the Livonia-Ashcroft, Sherwood
Drain District w=as received and placed on file.
By Councilman Sasser, Seconded by Councilman McCann and unanimously
adopted, it was
#316-58 RESOLVED that, the communication from the Mater and Sewer Board
dated May 9, 1958, in regard to the establishment of the neva classification
of Water Operations Foreman, is hereby referred to the dater Supply, Drainage,
Sewage and Waste Disposal Committee of the Council for report and recommenda-
tion.
By Councilman Salvadore, seconded by CouncilmanSasser, it was
#317-58 RESOLVED that, having considered the request of the Detroit
Concrete Products Corporation dated May 1, 1958, and having also con-
sidered the recommendation of the Assistant City Engineer and Director
of Public Works dated May 21, 1958, the Council does herein release to
the Detroit Concrete Products Corporation the balance of $4,1413.58 due
on a contract by and between the City of Livonia and the Detroit Concrete
Products Corporation dated November 20, 1956, in connection with certain
paving improvements in Botsford Park Subdivision; and the City Clerk sad
City Treasurer are herein authorized to do all things necessary to the
full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Salvadore and unanimously
adopted, it was
Page 3412
#318-58 RESOLVED that, the matter of a certain request from Mr. Sam
Lederman, Mid- Vest Builders, for revision of a pay-back formula previously
agreed to by the City of Livonia be tabled pending further consultation
with Mr. Lederman.
By Councilman Bagnall, seconded by Councilman McCann and unanimously
adopted, it was
#319-58 RESOLVED that, having considered the request of the Pine Lumber
and Supply Company, 12234 Inkster Road, Detroit 39, Michigan, dated January
9, 1958, and having also considered the communications from the Department
of Public Works dated May 5, 1958 and from the Department of Law dated
May 21, 1958, the Council does herein grant to the above company permission
to tap into the Livonia sanitary sewer system; provided, however, that such
permission is granted on the following express conditions:
1. That such company pay all atplicable fees and tap-in charges
that are or may be reouired by ordinances and resolutions of the
City of Livonia;
2. That .such company does not permit any other individual, firm
or corporation to connect to the lateral serving their place of
business;
and provided further, that this permission is ,ranted with the express
reservation that the City shall have the right at any time, for just and
reasonable cause, to disconnect the premises of such company from the
Livonia sanitary sewer system; and that the City reserves the right to
inspect the petitioner's premises and sewer connection.
By Councilman McCann, seconded by Councilman Bagnall, it was
#320-58 RESOLVED that, pursuant to the request of the Superintendent of
Operations Division and Director of Public Works dated May 13, 1958, there
is hereby transferred from the Unappropriated Surplus to the DPW Budget
Account No. 25 (Road Maintenance Account) the sum of $1,089.45 to reimburse
such department for driveway culverts sold to private individuals during
the period of December 1, 1957 through April 30, 1958.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman O'Neill and unanimously
adopted, it was
#321-58 RESOLVED that, having considered the letter from the Wayne County
Drain Commissioner dated April 23, 1,58, asking for an expression of City
policy with regard to the establishment of special assessment districts for
drainage improvement purposes, the CouncU does herein request that the
Page 3413
Wayne County Drain Commissioner refrain as much as the law will permit
from acting on any indisidual petition which would require him to establish
within the boundaries of the City of Livonia a special assessment district
for drainage improvement purposes, since it is the intention of the City
to construct and finance such improvements on a general obligation basis,
which policy this Council believes to be most just and equitable for all
citizens of this community; and that the(buncil does herein rescind Council
resolution #200-58 adopted at the regular meeting held on March 31, 1958;
and further, theCbuncil wishes to express its appreciation by means of this
resolution for the interest shown by the Drain Commissioner's office in
the affairs of this community and appreciates also the cooperation extended
to this community by his office.
By Councilman Sasser, seconded by Councilman O'Neill and unanimously
adopted, it was
#322-58 RESOLVED that, pursuant to the request and recommendation of the
Chief Inspector and Director of Public Works dated May 9, 1958, the Council
does herein approve of and authorize the establishment of the following
rule and regulation: All interior or exterior studding shall be sixteen
(16) inches on center in the construction of one and two family dwellings
in the City of Livonia; and that this rule is adopted and authorized pur-
suant to Sections 109.0 and 109.1 of the Building Official§ Conference of
America Code, latest edition.
By Councilman Bagnall, seconded by Councilman McCann, it was
#323-58 RESOLVED that, pursuant to the request of the City Treasurer
dated May 8, 1958, there is hereby transferred from the Unappropriated
Surplus to Budget Account No. F-9 (Printing) of the Treasurer's budget
the sum of $520.00 to purchase voucher checks and payroll checks.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Kleinert and unanimously
adopted, it was
#324-58 RESOLVED that, having considered the request of Mr. Harry Zerbo
16661 Hubbard, Livonia, for permission to extend a certain sanitary sewer
in the City of Livonia, and pursuant to the recommendation of the Assista nt
City Engineer and Director of Public works dated May 20, 1958, the Council
does hereby grant to the said Mr. Harry Zerbo permission to extend the
present sanitary sewer line in Stark hoad approximately 210 feet east in
the 20 foot public alley immediately north of and adjacent to PlymouthRoad
for the purpose of servicing certain properties and establishments of the
above named Mr. Zerbo; provided, however, that this permission is subject
to the following conditions:
Page 3414
1. That the entire cost of this project will be borne by Mr.
Harry Zerbo;
2. That all plans for extension of said sewer line must be in-
stalled and completed in conformance with the requirements of the
City Engineer;
3. That, Mr. Harry Zerbo deposit with the City of Livonia a
surety bond in the amount of $11500.001 guaranteeing that the
installation of such sanitary sewer line will be in complete
accordance with the above said plans and specifications, and
installed in accordance with the rules, regulations and or-
dinances of the City of Livonia;
4, That Mr. Harry Zerbo deposit with the City of Livonia 1/2 of
1% of the estimated cost of construction to cover the cost of re-
viewing the plans and specifications for such improvement;
and provided further, that this permis ;ion is conditioned on the under-
standing between Mr. Harry Zerbo and the City that said extension lateral
sewer when installed shall become part of the sewer system of the City of
Livonia and that sewage disposal connection charges and all other rates
legally established shall be applicable thereto.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#325-58 RESOLVED that, Mr. Henry Koloff, President, Koloff Builddrul Inc.
19470 Grand River, Detroit 23, Michigan, as proprietor, having requested the
City Council to approve the proposed plat of the following Subdivision:
Greenbrier Meadows Subdivision, located approximately 1,300 feet West of
Ashurst Road in the Northwest 1/4 of Section 21, City of Livonia; and it
appearing that tentative approval of said proposed plat was given by the
City Planning Commission under date of February 28, 1958; and it further
appearing that said proposed plat, together with the plans and specifica-
tions for improvements therein, have been approved by the Department of
Public works under date of May 21, 198; 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 Plat Ordinance (No. 135) as amended, of the City of
Livonia, and the rules and regulations of the Department of Public
Works, within a period of tgo (2 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
improvements shall not be considered as having been satisfactorily
installed until there is filed with the Council a Certificate as
provided in Section lb of said Ordinance No. 135, as amended;
(3) That the City Clerk is not authorized to affix her signature
to said Plat until either said improvements have been satisfactorily
Page 3415
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:
- - - Seventy-Five Thousand Dollars - - - ($75,000.00) - -
and until all inspection fees and other charges due to the City
of Livonia have been fully paid;
(1i) On full compliance with the above conditions and with the
provisions of said Plat Ordinance, as amended, the City Clerk is
hereby authorized to affix her signature to said Plat as evidence
of this approval;
(5) Provided, however, that the proprietor construct a chain
link fence adjacent to the Patter Drain where that drain extends
through this subdivision; and provided further that it is an
express condition of this approval that the proprietor install
concrete pavement of the design and width established in the above
referred to Plat Ordinance, as amended;
(6) That the proprietor deposit with the City of Livonia's
Engineering Division 9as-builtu plans of all improvements in-
stalled in the subdivision, such plans to be submitted on cloth
reproducible material.
By Councilman Bagnall, seconded by Councilman McCann and unanimously
adopted, it was
#326-58 RESOLVED that, Mr. Henry Koloff, President, Koloff Builders, Inc.,
19470 Grand River, Detroit 23, Michigan, as proprietors, having requested
the City Council to approve the proposed plat of the following Subdivision:
Greenbrier Meadows Subdivision No. 2, located approximately 1,300 feet West
of Ashurst Road in the Northwest 1/4 of Section 21, City of Livonia; and it
appearing that tentative approval of said proposed plat was given by the
City Planning CoXmission under date of February 28, 1958; 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 May 21, 1958; the City Council does hereby approve said pro-
posed plat on the following conditions:
(1) All of such improvements shall be installed in conformance
with the Plat Ordinance (No. 135) as amended, of the City of Livonia,
and the rules and regulations of the Department of PUblicgorks,
within a period of two (2) 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 im-
provements shall not be considered as having been satisfactorily
installed until there is filed with the Council a Certificate as
provided in Section ]i of said Ordinance No. 135, as amended;
(3) That the City Clerk is not authorized to affix her signature
to said Plat until either said improvements have been satisfactorily
Page 3416
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 anount:
- - One Hundred Nine Thousand Dollars - - - ($109,000.00) - -
and until all in.-pection fees and other charges due to the City of
Livonia have been fully paid;
(Lt) On full compliance with the above conditions and with the
provisions of said Plat Ordinance, as amended, the City Clerk is
hereby authorized to affix her signature to said Plat as evidence
of this approval;
(5) Provided, however, that the proprietor construct a chain
link fence adjacent to the Patter Drain where that drain extends
through this subdivision; and provided further that it is an ex-
press condition of this approval that the proprietor install concrete
pavement of the design and width established in the above referred
to Plat Ordinance, as amended;
(6) That the proprietor deposit with the City of Livonia's En-
gineering Division "as-built" plans of all improvements installed
in the subdivision, such plans to be submitted on cloth reproducible
material.
By Councilman Sasser, seconded by Councilman Salvadore aid unanimously
adopted, it was
#327-58 RESOLVED that, Mr. Henry Koloff, President, Koloff Builders, Inc.,
191170 Grand Kiver, Detroit 23, Michigan, as proprietors, having requested
the City Council to approve the proposed plat of the following Subdivision:
Greenbrier Meadows Subdivision No. 3, located approximately 1,300 feet West
of Ashurst Road in the Northwest 1/4 of Section 21, City of Livonia; and it
appea ring that tentative approval of said proposed plat was given by the
City Planning Commission under date of February 28, 1958; aid 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 May 21, 1958; the City Council does hereby approve said pro-
posed plat on the following conditions:
(1) All of such improvements shall be installed in conformance
with the Plat Ordinance (No. 135) as amended, of the City of
Livonia, and the rules and regulations of the Department of Public
Works, within a period of two (2) years from the date of this
resolution;
(2) That the installation of such improvements shall be super-
vised aid inspected by the Department of Public works and such
improvements shall not be considered as having been satisfactorily
installed until there is filed with the Council a Certificate as
provided in Section 14 of said Plat Ordinance No. 135, as amended;
Page 3417
(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:
- - - Eighty-Eight Thousand Dollars - - ($88,000.00) - - -
and until all inspection fees and other charges due to the City
of Livonia have been fully paid;
(4) On full compliance with the above conditions and with the
provisions of said Plat Ordinance, as amended, the City Clerk is
hereby authorized to affix her signature to said Plat as evidence
of this approval;
(5) Provided, however, that the proprietor construct a chain
link fence adjacent to the Patter Drain where that drain extends
through this subdivision; and provided further that it is an
express condition of this approval that the proprietor install
concrete pavement of the design and width established in the
above referred to Plat Ordinances as amended;
(6) That the proprietor deposit with the City of Livonia's En-
gineering Division "as-built" plans of all improvements installed
in the subdivision, such plans to be submitted on cloth reproducible
material.
At 9:18 P. M., a recess was called, after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting.
By Councilman Kleinert, seconded by Councilman Salvadore and unanimously
adopted, it was
#328-58 RESOLVED that, the Council having considered the recommendation
of the City Planning Commission dated May 5, 1958, as to Petition No. Z-270
does herein concur in such recommendation.
Councilman Kleinert introduced the following Ordinance:
NO.
AN ORDINANCE AMENDING SECTIONS 11.02 AND 11.14
OF ARTICTE 11.00 OF ORDINANCE NO. 60, AS AMENDED,
ENTITTRD "ZONING ORDINANCE OF THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 11.02 and 11.14 of Article 11.00 of Ordinance No. 60,
as amended, entitled "Zoning Ordinance of the City of Livonia," are hereby amended to
read as follows:
Page 3418
Section 11.02. Uses Permitted. In all C-2 Districts no buildings
or land, except as otherwise provided in this ordinance, shall be erected or
used except for one or more of the following specified uses:
(a) All uses permitted in C-1 Districts, except dwellings.
(b) Stores and shops for the conducting of a service or a retail
business, except that the storage of lumber and other building
supplies or similar materials for retail sale shall be housed within
a building having four (4) side walls and roof, open storage of this
or similar material shall not be permitted.
(c) Office and showroom of a plumber, electrician, decorator or
similar trade.
(d) Personal service shors, such as barber shops, beauty parlors,
shoe repair shops, tire repair shops, laundry pickup shops, dry
cleaning pickup shops, messenger or telegraph service stations and
any similar service or use.
(e) Banks, theaters, hotels, assembly buildings, catering establish-
ments, conservatories, sales and showrooms, research and testing
laboratories, studios, undertaking establishments, dance halls,
recreation halls, parking lots and public owned buildings.
(f) Public Utility buildings.
(g) Establishments within buildings or structures for the repairs
alteration, finishing, assembling, fabrication or storage of goods,
primarily for the residents of the locality or for sale at retail
on the premises, provided there is not in connection therewith the
operation of any activity or the storage or display of goods in
such manner as to be obnoxious or offensive by reason of the
emission of odors, fumes, dust, smoke, waste, lightglare, noise
or vibration, and further provided that no commercial enterpriee
shall employ more than five (5) mechanics or workers per each two
thousand (2000) square feet of floor area, on the repair, conversion,
alteration, finishing or fabrication of goods.
(h) Advertising signs only when pertaining to the sale, rental or
use of the premises on which it is locatcd or to goods sold or
activities conducted thereon, or when serving primarily as a
directional sign or legal notice. Only one (1) such sign is per-
mitted on a lot, when such lot is four thousand (4000) square feet
or less in area, and such sign shall not exceed thirty-five (35)
square feet in area of display surface and shall not exceed seven
(7) feet in length. Signs larger in area than authorized in this
section shall not be permitted except upon the approval of the City
Planning Commission.
(i) Carnivals, outdoor circuses or migratory amusement enterpriaes.
(j) Dry cleaning plants, garages and auto wash establishments,
on aiproval of the City Planning Conmission; provided, however, that
such approval shall not be given until, in addition to other require-
Page 3419
ments and considerations, there is filed with such commission the
written consent of the owners of frontage of property immediately
abutting the premises involved and the written consent of the owners
of seventy (70) percent of the frontage of all property within three
hundred (300) feet of such premises and not separated therefrom by
more than one street or alley.
(k) Motels or motor courts upon approval of the City Planning
Commission. The commission may permit motels and motor courts in
C-2 Districts, provided that a public hearing is held and it is
established that sixty (60) percent of the property owners within
five hundred (500) feet distance from any part of the lot area
involved do not object, and provided that a lot area equal to that
required for a residence shall be provided for management, pro-
vided that each unit provides a lot area of one thousand (1000)
square feet for the first room of eighty (80) or more square feet
and an additional area equal to twice the room area for each ad-
ditional room of eighty (80) square feet or more and provided that
each unit or group of units shall have two (2) side yards of m t
less than ten (10) feet each for interior lot side yards; however,
when side yards abut a side street then such street side yard shall
be not less than twenty-five (25) feet, a front yard of not less
than twenty-five (25) feet, a rear yard of not less than ten (10)
feet and separate buildings shall be not less than ten (10) feet
apart; and further provided, that each unit shall have one (1)
room with not less than one hundred and fifty (150) square feet of
floor area, a bathroom of not less than twenty-five (25) square
feet of floor area, and not less than fifty (50) square feet of
floor area for a kitchenette, if provided; and further provided,
that building height of motels shall not exceed one (1) story or
fifteen (15) feet, and further provided, that no guest shall
occupy such accommodations of any motel or motor court for a
period of more than one (1) month within any calendar year.
(1) Argy other use similar in character to the above uses when
it is not obnoxious or offensive to the locality by reason of
the emission of odor, fumes, dust, smoke, waste, lightglare,
vibration or noise.
(m) Office of a veterinarian, including animal clinics and
animal hospitals without outside kennels, for the care and treat-
ment of small pets, such as dogs, cats and similar small animals,
with the approval of the City Planning Commission.
(n) Drive-in theaters, after approval of the City Planning Com-
mission where such use is located at least one thousand (1000)
feet from any district zoned as residential.
Section 11.14. Uses Prohibited. In all C-2 Districts no building
shall hereafter be erected or used or land used, in whole or in part, for
any one or more of the following uses:
(a) All dwellings of every kind; provided,however, that nothing
contained in this section shall affect or interfere with dwellings
Page 3420
now existing in any C-2 District or with any buildings accessory
to such dwellings, or in any way prevent the owners thereof from
making any additions, alterations or repairs to such dwellings or
erecting any buildings accessory thereto; provided further, that
all such dwellings and buildings accessory thereto shall conform to
the same requirements as are provided in this ordinance for the
nearest district in which dwellings may hereafter be lawfully
erected.
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. If any part or parts of this ordinance are for any reason held
to be invalid, such holding shall not affect the validity 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 Bagnall, seconded by Councilman Sasser and unanimously
adopted, it was
#329-58 RESOLVED that, Petition No. V-32 submitted by Jean Lobdel, 9001
Hugh Street, for vacating alley between Beatrice and Hugh Streets, is hereby
referred to the City Planning Commission for public hearing in accordance
with the provisions of Ordinance No. 29.
By Councilman Kleinert, seconded by Councilman Sasser and unanimously
adopted, it was
#330-58 RESOLVED that
WHEREAS, the square dance is as native to America as the Plymouth
Rock and the Pilgrims; and
WHEREAS, this country dance banished the loneliness of the frontier
for our forefathers and their children; and
WHEREAS, the square dance taught the pioneers etiquette, gave them
poise and bearing and encouraged the feeling of unity that became the
foundation of our great country; aid
WHEREAS, square dancing having faded away for a period of time
has revived. in popularity once more; and
WHEREAS, the rela::ation, the jollity, the friendliness of the
square dance is something that America especially needs at this time;
NOW, THEREFORE, BE IT RESOLVED that the period commencing June 13th
and extending through the 21st, 1958, be known as LIVONIA SQUARE, DANCE WEEK
in order to assist the Mic]igan Barn Dance in the celebration of its
Page 3421
Twentieth Anniversay and urge all families to rediscover the robust,
colorful and truly American square dance.
Councilman Bagnall introduced the following Ordinance:
NO.
AN ORDINANCE AMENDING SECTION 27,0 OF ORDINANCE
NO. 12, AS AMENDED, OF THE CITY OF LIVONIA, EN-
TITLED "AN ORDINANCE REGULATING AND LICENSING
CERTAIN BUSINESSES IN THE CITY OF LIVONIA AND
PROVIDING PENALTIES FOR VIOLATION THEREOF."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 27.0 of Ordinance No. 12 of the City of Livonia is
hereby amended to read as follows:
Section 27.0. Peddlers and Transient Merchants,
27.1 The term "peddler" as used in this ordinance shall
mean any person who goes about from place to place, selling or
offering for sale, goods, wares, merchandise, and all kinds of
property, traveling on foot or in vehicles, and selling from
house to house or by crying his wares from the street. Such
terms shall include "hawkers" and "hucksters."
L. 27.2 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 merchandise, in any place in this
City and who, for the purpose of conducting such business, occupies
or uses any lot, building, room, structure of any kind or any
vehicle. Such term shall include:
(a) "itinerant merchants";
(b) "itinerant vendors";
(c) persons, firms or corporations who shall be engaged
in selling goods, wares or merchandise at retail in this
City and who are not on the tax rolls of this City; and
(d) Any person, firm or corporation 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 any produce
merchants to whom a Class A, B, and C License shall have been
issued under Section 14.0 of this ordinance.
27.3 It shall be unlawful for any person, firm or corpora-
tion, either as principal or agent, to engage in business as a
peddler or transient merchant in the City of Livonia without
having first obtained a license in the manner herein provided.
27.4 No license shall be granted except upon certification
of the Chief of Police and Health Officer.
Page 3422
27.5 Before any license, as provided by this ordinance, shall
be issued for engaging in the business of a peddler or a transient
merchant, the applicant shall file with the City Clerk the follow-
ing instruments:
(a) A cash or surety company bond running to the City of
Livonia in the sum of One Thousand Dollars ($1,000.00), con-
ditioned on full compliance by applicant with all the pro-
visions of the ordinances of the City of Livonia and the
statutes of the State of Michigan, regulating and concerning
the sale of goods, wares and merchandise, and further con-
ditioned on prompt payment by applicant of all judgments
rendered against applicant for any violation of said ordinances
or statutes, or any of the*, together with all judgments and
costs that may be recovered against such applicant by any
person or persons for damage growing out of any misrepresenta-
tions of applicant or of applicant's agents or servants, either
at the time of sale or through any advertisement of any
character whatsoever.
(b) An instrument appointing the City Clerk as the true and
lawful agent of applicant with full power and authority to
accept service of process for and on behalf of applicant in
respect to any matters connected with or arising out of the
business transacted under said license and the bond required
by this ordinance, 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 application
for such license.
27.6 No license to engate in business as a peddler or transient
merchant 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 non-criminaliidentification file of the Police Dept.
27.7 No licensee shall be entitled to more than one helper
on foot for each vehicle used in said business.
27.8 No person shall sell or peddle fresh meat upon any
street, alley or public place.
27.9 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
stop 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, aid in no event shall any such peddler or street vendor
Page 3423
stop for a period longer than twenty (20) minutes at any time;
provided further,that no licensed peddler or street vendor shall
stop for the purpose of selling or offering to sell any food
products within a distance of five hundred (SOD) 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 unreason-
ably interfere with traffic or cause or permit large numbers of
persons, particularly children, to congregate upon the public streets
of this City.
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 the remain-
ing portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
Councilman Kleinert introduced the following Ordinance:
NO.
AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS
GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EX-
PLOSION, AND THE ESTABLISHING A BUREAU OF FIRE PREV .NTlON AND PROVID-
ING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES.
TEE CITY OF LIVONIA ORDAINS:
Section 1. Adoption of Fire Prevention Code. There is hereby adopted by the
City of Livonia for the purpose of prescribing regulations governing conditions hazard-
ous to life and property from fire or explosion, that certain code published and
established as the Fire Prevention Code recommended by the National Board of Fire
Underwriters, being particularly the latest edition thereof, as amended, and the whole
thereof, save and except such portions as are hereinafter deleted, modified or amended,
of which code not less than fifty (50) copies have been and now are filed in the office
of the City Clerk, and the same are hereby adopted and incorporated as fully as if set
out at length herein, and from the date on which this ordinance shall take effect the
provisions thereof shall be controlling wi_thin the limits of the City of Livonia.
Section 2. Establishment and Duties of Bureau of Fire Prevention.
(a) The Fire Prevention Code shall be enforced by a Bureau of Fire Pre-
vention which is hereby established within the Fire Department of the City of Livonia
and which shall be operated under the supervision of the Chief of the Fire Department.
Page 3424
(b) Tne Fire Department offict,r appointed _Ln charge of the Bureau of Fire
Prevention shall be designated the Fire Marshall of the City of Livonia.
(c) The Chief of the Fire Department may detail to the Bureau of Fire Pre-
vention such members of the Fire Department as shall from time to time be necessary for
the purpose of inspecting premises and otherwise aiding in the enforcement of this or-
dinance.
Section 3. Definitions. The following terms when used in this ordinance and
in the Fire Prevention Code shall have the respective meanings as set forth in the
definitions given below:
(a) "Municipality" shall mean the City of Livonia;
(b) "Chief of the Bureau of Fire Prevention" shall mean the Fire Marshall
of the City of Livonia;
(c) "Director of Public Safety" shall mean the Director of Public Safety
of the City of Livonia;
(d) "Fire Commissioner" shall mean the Fire Comni.ssioner of the City of
Livonia;
(e) "City Clerk" shall mean the City Clerk of the City of Livonia;
(f) "Fire Department" shall mean the Fire Department of the City of
Livonia.
Section 4. Establishment of Limits of Districts in Which Storage of Flammable
Liquids in Outside Aboveground Tanks is to be Prohibited.
(a) The lints referred to in Section 15.201 of the Fire Prevention Code
in which storage of flammable liquids in outside aboveground tanks is prohibited, are
hereby established as follows:
Bulk tanks for the storage of flammable liquids are prohibited in all
districts and sections of the municipality except those sections and
districts designated as having an AG zoning classification or by the
existing Zoning Ordinance, as amended, and the Zoning Map of the City of
Livonia.
(b) The limits referred to in Section 15.401 of the Fire Prevention Code,
in which new bulk plants for flammable liquids are prohibited, are hereby established
as follows:
Bulk plants for the storage of flammable liquids are prohibited in
all districts and sections of the municipality except those sections
and districts designated as having an M-2 zoning classification by the
existing Zoning Ordinance, as amended, and the Zoning Map of the City
of Livonia.
Section 5. Establishment of Limits in Which Bulk Storage of Liquefied
Petroleum Gases is to be Restricted. The limits referred to in Section 19.06 a of the
Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted,
are hereby established as follows:
The bulk storage of liquefied petroleum gas is hereby restricted in
those sections and districts of the municipality designated as having
a zoning classification of R-1, RUE', C-1 or C-2 by the existing Zoning
Ordinance, as amended, and the Zoning Map of the City of Livonia.
Page 3425
Section 6. Additions, Insertions, Deletions and Changes Made in the Fire
Prevention Code. The Fire Prevention Code is amended and changed in the following
respects:
(a) Article 1, General Provisions, shall have Section 1.15 added thereto
as follows:
Sect1.on 1.15. Relief from Personal Responsibility.
The Fire Chief, the Chief of the Bureau of Fire Prevention or em-
ployees charged with the enforcement of the National Fire Prevention Code,
while acting for the municipality, shallnnt thereby render himself liable
personally, and he is hereby relieved from all personal liability for any
damage that may occur to persons or property as a result of any act required
or permitted in the discharge of his official duties. Any suit instituted
against any officer or employee because of an act performed by him in the
lawful discharge of his duties and under the provisions of the National Fire
PreventionCode shall be defended by the legal representative of the Muni-
cipality until the final termination of the proceedings. In no case shall
the Fire Chief, Chief of the Bureau of Fire Prevention or any of their sub-
ordinates be liable for costs in any action, suit or proceeding that may be
instituted in pursuance of the provision of the National Fire Prevention
Code; and any officer of the Fire Department or Bureau of Fire Prevention,
acting in good faith and without malice, shall be free from liability for
acts performed under any of its provisions or by reason of any act or omission
in performance of their official duties in connection thBrewith.
(b) Article 13, Fire Protection Equipment, Section 13.06 shall be amended
to reas as follows:
Section 13.06. Sprinkler and Alarm Systems Required.
(a) Except as provided in paragraph (b) below, buildings which
are occupied above the heights permitted by the following table shall be
equipped with approved automatic sprinkler systems.
Occupancy Classification Height in Stories
Ordinary Wood Frame
Construction Construction
Institutional B : idings 3 2
(Note: Except,however, those buildings housing occupants
bedridden or involuntarily detained, including hospitals and
convalescent homes, shall be equipp3d with approved automatic
sprinkler systems regardless of building height.)
Residence Buildings, other than
multi-family houses and dwellings 4 3
(b) Buildings may be occupied one story higher than specified in
(a) above without sprinklers if equipped with an approved automatic fire
alarm system.
(c) Article 14, Flammable Finished, Application of, Section 14.05, shall
be anended to read as follows:
Page 3426
Section 14.05. Electric Wiring and Equipment.
Electrical wiring and equipment shall conform to the provisions of
this article and shall otherwise be installed in accordance with nationally
recognized safe practice. Compliance with the applicable provisions of the
Standards of the National Board of Fire Underwriters known as the "National
Electrical Code" and/or the National Electrical Code as adopted by the
American Standards Association, including the Uniform Electrical Rules
supplementary to said Code, shall be deemed prima facie evidence of com-
pliance with nationally recognized safe practice.
(d) Article 19, Liquefied Petroleum Gases, Section 19.06, Subsections a
and b, shall be amended to read as follows:
Section 19.06. Location of Containers.
(a) Within the limits established by law restricting the bulk
storage of liquefied petroleum gas for the protection of heavily populated
or congested commercial areas, the aggregate capacity of any one installa-
tion shall not exceed one thousand (1,000) gallons water capacity, except
that in particular installations this capacity limit may be altered at the
discretion of the Chief of the Bureau of Fire Prevention after consideration
of special features such as topographical conditions, nature of occupancy
and proximity to buildings, capacity of proposed tanks, degree of private
fire protection to be provided, and facilities of the local fire department.
Said installations provided for in this section shall in no event be
located less than three (3) feet from one another, and in no case shall
an installation for the bulk storage of liquefied petroleum gas be main-
tained underground.
(b) Multiple container installations with a total storage water
capacity of more than 180,00n gallons (150,000 gallons OPGas capacity)
shall be subdivided into groups containing nor more than 180,000 gallons
in each group. Such groups shall be separated by a distance of not less
than fifty (50) feet, unless the tanks are: (1) protected with approved
insulation on such areas that may be subject to impingement of ignited gas
from pipelines or other leakage, or (2) protected by fire walls of approved
construction, or (3) protected by an approved system for application of
water, or (4) protected by other approved means. Where one of these forms
of protection is provided, the separation shall not be less than twenty-five
(25) feet between such container groups. In no case shall an installation
for the bulk storage of liquefied petroleum gas be maintained underground.
(e) Article 23. Oil Burning Equipment, Section 23.07, shall be amended
to read as follows:
Section 23.07. Design, Construction and Installation of Fuel Oil
Tanks.
Paragraph C: An unenclosed inside fuel oil supply tank shall have
a capacity of not more than 275 gallons. Not more than two (2) such tanks
shall be connected to one (1) oil burning ap liance and the aggregate
capacity of such tanks installed in the lowest story, cellar or basement
of a building shall not exceed five hundred and fifty (550) gallons unless
separation is provided for each aggregate capacity. Such separation shall
consist of an unpierced masonry wall or partition extending from the lowest
floor to the ceiling above the tanks and having a fire resistance rating of
not less than two (2) hours.
Page 31i.27
Section 7, Modifications, The Building Code Board of Appeals shall have
the power to modify any of the provisions of the Fire Prevention Code upon application
in writing by the owner or lessee or his duly authorized agent when there are practical
difficulties in the way of carrying out the strict letter of the code; provided, that
the spirit of the code shall be observed, public safety secured and substantial justice
done. The particulars of such modification, when granted or allowed, and the decision
thereon, shall be entered upon the records of the Fire Department and a signed copy
shall be furnished to the applicant.
Section 8. Appeals. Whenever the Chief of the Fire Department shall dis-
approve an application or refuse to grant a license or permit applied for, or when it
is claimed that the provisions of the code do not apply or that the true intent and
meaning of the code have been misconstrued, or wrongly interpreted, the applicant may
appeal from the decision of the Chief of the Fire Department to the Building Code
Board of Appeals within fifteen (15) days from the date of such decision.
Section 9, New Materials., Processes or Occupancies Which M. Re.uire Permits.
The Fire Commissioner, the Chief of the Fire Department, the Chief of the Bureau of
Fire Prevention, and the Chief Inspector of the Bureau of Inspection shall act as a
committee to determine and specify, after giving affected persons an opportunity to
be heard, any new materials, processes or occupancies, which shall require permits,
in addition to those now enumerated in said code. The Chief of the Bureau of Fire
Prevention shall post such list in a conspicuous place in his office, and distribute
copies thereof to interested persons.
Section 10. Penalties.
a. Any person who shall violate any of the provisions of the code hereby
adopted or fails to comply therewith, or who shall violate or fails to comply with
any order made thereunder, or who shall build in violation of any detailed statement
of specifications or plans submitted and approved thereunder, or qny certificate or
permit issued thereunder, and from which no appeal has been taken, or who shall fail
to comply with such an order as affirmed or modified by the Building Code Board of
Appeals or by a court of competent jurisdiction, within the time fixed herein shall
severally for each and every such violation and noncompliance respectively be guilty
of a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00)
or by imprisonment for not more than ninety (90) days, or by both such fine and im-
prisonment. The imposition of one penalty for any violation shall not excuse the
violation or permit it to continue; and all such persons shall be required to correct
or remedy such violations or defects within a reasonable time; and when not otherwise
specified, each day that prohibited conditions are maintained shall constitute a
separate offense.
b. The application of the above penalty shall not be held to prevent the
enforced removal of prohibited conditions.
Section 11. Repeal. All ordinances or parts of ordinances in conflict here-
with or inconsistent with the provisions of this ordinance or of the code hereby
adopted are hereby repealed only to the extent necessary to 7ive this ordinance full
force and effect.
Section 12. Severability. 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.
Page 3128
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
By Councilman Sasser, seconded by Councilman Kleinert and unanimously
adopted, it was
#331-58 RESOLVED that, having considered the letter from the Department of
Law dated May 1)4, 1958, the proposed ordinance amending Article 4.00 of
Ordinance No. 60, establishing certain requirements for designated parking
facilities in commercial areas, is hereby referred to the City Planning
Commission for a puolic hearing.
Councilman Kleinert introduced the following Ordinance:
NO.
AN ORDINANCE TO CREATE A LIVONIA HISTORICAL COMMISSION; TO PROVIDE
FOR THE APPOINTMENT OF THE MEMBERS OF SUCH COMMISSION; TO FIX THEIR
TERMS OF 0i,FICE; TO PRESCRIBE THEIR POWERS AND DUTIES; TO PROVIDE
FOR THE RECEIPT AND EXPENDITURE OF FUNDS AND FCR REPORTS CONCERN-
ING ITS ACTIVITIES; PROVIDING FOR ACCEPTANCE AND HOLDING OF DONATIONS
AND FIXING PENALTIES FOR INJURIES TO PROPERTY BELONGING THERETO.
THE CITY OF LIVONIA ORDAINS:
Section 1. Historical Commission; Members, Appointment, Terms of Office.
A Historical Commission of the City of Livonia is hereby created which shall consist
of seven (7) members appointed by the Mayor in accordance with the provisions of
Section 2, Chapter V of the Charter of the City of Livonia. The members of the com-
mission shall be appointed for terns of three years each; provided, however, that of
the members first appointed, two shall be appointed for a term of one (1) year each,
two for a term of two (2) years each, and three for a term of three (3) years each.
A term under this section shall be deemed to commence on July 1st of the year during
which the appointment is made and shall be deemed expired on June 30th of the last
year of such term.
Se ction 2. Organization; Meetings; Acceptance of Donations and Property;
Operating Expenses. The commission members shall, immediately after their appointment
meet and organize by the election of one of their number as president and one as secre-
tary, and by the election of such other officers as they may deem necessary. The com-
mission shell meet not less than once each month for the transaction of business. The
commission shall make and adopt such by-laws, rules and regulations governing their
procedure and for their own guidance as may be expedient. The commission shall have
control over the expenditure of all monies appropriated or collected to the credit
of the Historical Fund and of the construction of any historical museum building
erected and used for the purposes of the commission and of the supervision, care and
custody of the grounds, rooms or buildings erected, leased or set apart for such
purposes; provided that all contributions and donations to the commission shall be
deposited in the Treasury of the City to the credit of the Historical Fund and that
the use of all such monies shall be under the control of the commission and shall be
kept separate and apart from other monies of the City, and drawn upon by the proper
officers of the City only upon properly authenticated vouchers approved by the
Page 3429
commission or its authorized representatives. The Council of the City of Livonia may
provide in the City budget for the administration and operating expenses of the said
commission.
Section 3. Authority to Purchase; Lease Premises. The commission shall have
the power to purchase or lease grounds and to occupy, lease or erect an appropriate
building or buildings to be used to foster the historical interests of the City. The
commission shall in general carry out the spirit and intent of this ordinance in foster-
ing and preserving the historical lore of the City of Livonia.
Section 4. Compensation. The members of the commission shall receive such
compensation as may be allowed by resolution of the City Council.
Section 5. Contribution; Trustee. If any person or corporation shall make
a donation of money, personal property or real estate to the commission for historical
purposes, such donation shall vest in the commission, to be held and controlled by
said commission when accepted according to the deed, gift, devise or bequest of such
property, and as to such property, the same commission shall be held and considered to
be special trustee.
Section 6. Annual Audit; Annual Report.
(a) The Commission shall have an audit made by the City Auditor at the
end of each and every fiscal year of the City of Livonia of all accounts, funds, monies
and other property under the control of said commission and shall submit a report thereof
to the City Council, such report shall state the condition of heir trust at he date of
such report, the various sums of money received from contributions and donations to the
commission's Historical Fund and other resources, and how such monies have been expended
and for what purposes; the numoer and nature of historical materials on hand; the
number added by gift, purchase and otherwise during the year and other statistical in-
formation and suggestions as may be required by the City Council. All such portions of
said audit and repbrt as are related to the receipt and expenditure of money, as well
as the number of historical items on 'hand, shall be verified by affidavit. Said audit
and report shall be submitted to the Council not later than February 15th of the next
succeeding fiscal year.
(b) The commission shall also make an annual report on the first day of May
of each year to the Mayor and Council of the City of Livonia setting forth the character
and extent of the workings done under its supervision during the preceding calendar
year and the amounts of money expended by it for the various purposes authorized by
this ordinance.
Section 7. Duties. It shall be the duty of said commission to collect,
arrange and preserve historical material, including books, pamphlets, maps, charts,
manuscripts, papers,copies of domestic and foreign records and archives, paintings,
statuary and other objects and material illustrative of and relating to the history
of the Northwest Territory, the City of Livonia and the Township of Livonia; to procure
and preserve narratives of the early settlers of such area, their exploits, perils,
privations and achievement; to collect material of every description relative to the
history, language, literature, progress or decay of ourIndian tribes; to collect,
prepare and display in the museum objects indicative of tie life, customs, dress and
resources of the early settlers of the Northwest Territory, the City and the Township
of Livonia and to publish from time to time source materials and historical studies
relative to and illustrative of the history of the City and Township, including such
Page 3430
historical materials and studies as may be furnished for that purpose by educational
institutions and the Michigan pioneer and historical society. The commission shall
cooperate with and assist the Michigan pioneer and Historical Society and other local
historical societies in the state.
Section 8. Historical Records and Papers; Collection, and Preservation.
The said commission shall have power, and it is hereby made the duty of all public
officials to assist in the performance of this power, to collect from the public
offices in the City of Livonia copies of such records, files, documents, books and
papers as are not in current use and are of value in the opinion of the commission,
and it is hereby made the legal custodian of the copies of such records, files,
documents, books and papers when collected and transferred to its possession. The
commission shall provide for their classification, arranging and indexing, so that
they may be made available for the use of the public, provided, however, that until
such time as a historical museum is erected, any municipal public building, if fire-
proof, and having suitable arrangements for carefully keeping such publications,
records, files, documents, etc., so that in the opinion of said commission they can
be safely stored, the same or any part thereof may be stored in such municipal public
building. A list thereof shall be furnished the commission and shall be kept on record
in its office. A copy of the findings of the commission that such depository is a
safe and proper one shall be made a part of the official redords of said commission.
Section 9. Custodian of Publications of Historical Commission, Museum;
Distribution,Exchange and/or Sale of Publication. The secretary of the commission
shall be the custodian of the phblications of the commission and of the museum, and
shall distribute and/or exchange such phblications with other municipalities, govern-
ments and institut_ons under such rules and regulations as shall be established by
the commission. Copies of any of the above items or other materials of the commission
may be sold by said secretary at prices to be fixed by the commission to the public
at large. The money arising f room such sales and from certified copies of documents
shall be placed in the General Fund (or istorical Fund.)
Section 10. Commission Secretary; Employees. The secretary of the
Historical Commission shall act under the direction of said commission. The com-
mission may delegate to the secretary such authority as may be necessary to carry
out the provisions of this ordinance. The curator and all other personnel employed
by the Historical Commission shall be subject to CivilService and part of the Classified
Civil Service. The President of the commission shall be the appointing authority for
all historical commission employees, such authority to be concurred inby the majority
of the commission.
Section 11. Rules and Raguiations. The commission shall make rules and
regulations necessary to carry out the provisions of this ordinance.
Section 12. Penalty. Pny person committing injury to or upon such museum,
or the grounds or property thereof, or who does willful injury to any of the materials
listed above, or fails to return the same, shall be guilty of a misdemeanor and
subject to a fine of not more than five hundred dollars ($500.00) or imprisonment of
not more than ninety (90) days, or both, in the discretion of the court.
Section 13. Repeal. 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 14. 5everability. Should any portion of this ordinance be held
Page 3431
invalid for any reason, such holding -hall not be construed as affecting the validity
of the remaining portion of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
By Councilman Kleine/t, seconded oy Councilman Bagnall and unanimously
adopted, it was
#332.58 RESOLVED that, the propo,,ed ordinance as prepared by the Depart-
ment of Law which would require green belts and protective walls on com
mercial properties abutting residential properties is hereby referred to
the City Planning Commission for public IDaring and recommendation to the
Council pursuant to the provisions of law, and further that the Department
of Law is requested to incorporate the following changes in said proposed
ordinance:
(a) That the protective wall be constructed on the rear
easement lines rather than on the rear lot lines;
(b) That green belts be approved by the City Planning
Commission prior to authorization of permits; and
(c) That, the wording of the proposed ordinance he revised
so as not to require the protective wall where commercial
properties exist adjacent to undeveloped residential properties.
Councilman Sasser introduced the following Ordinance:
NO.
AN ORDINANCE TO LICENSE THE OPERATION OF MOTOR VE acms AND
PERSONS DOING HATLING AND DELIVERING ON THE STREETS OF THE
CITY OF LIVONIA; TO ESTABLISH REGULATIONS GOVERNING THE SAME
AND TO PROVIDE A PENALTY FOR THE VIOLATION THEREOF.
THE CITY OF LIVONIA ORDAINS:
Section 1. License Regyired.
(a) Henceforth it shall be unlawful for any person to operate, use or cause
to be driven or used in and upon the streets, alleys, parks or parkways of the City,
any wagon, truck or vehicle for the purpose of hauling, transporting or delivering
earth, dirt, sand, gravel, soil, clay, sod, manure, slag, stone or fill material with-
out having first obtained a license to do so as herein specified; provided, however,
that such license shall not be required of persons who have heretofore operated, or
may hereafter be licensed for the operation of a mercantile establishment for the sale
of building products or nursery products and who in connection with said business
engage in the delivery of such products to their customers; and provided further that
nothing set forth herein shall prevent a person from hauling such material along the
streets for his own personal use to his own premises for the purpose of improving,
Page 3432
filling or enriching same if the material being hauled is confined to the vehicle
and not permitted to blow or scatter or become scattered along the streets.
(b) Persons engaged in the construction business or excavation business, or
operating a gravel pit, quarry, stockpile, cinder storage, topsoil pile, or similar
business, who hauls, carts, transports or delivers such materials for use by other
persons, for hire or upon order of purchase by the latter, shall be subject to the
provisions of this ordinance.
(c) For the purposes of this ordinance, the word "person" shall mean and
include every natural person, firm, corporation, association or co-partnership.
Section 2. "Tplications for Licenses. Applications for a license shall
be made in writing and filed with the City Clerk. It shall give all such information
as may be deemed necessary for the proper enforcement of the terms of this ordinance
includihg:
(a) The name and address of the applicant.
(b) The number of vehicles to be licensed.
(c) The name and address of the owner of the vehicle or vehicles to be
licensed.
(d) The factory and engine number and the capacity of the vehicle or
vehicles to be licensed.
Section 3. License Fee. At the time such application is made, the applicant
shall pay to the Treasurer as a license fee the sum of Ten Dollars ($10.00) for each
vehicle to be licensed.
Section 14. Insurance Requirement. No license shall be issued until and un-
less the applicant deposits with the City Clerk a prepaid policy or certificate of
liability insurance for each vehicle for which a license is sought. Such policy or
certificate shall indemnify the applicant in the sum of Five Thousand Dollars (S5,000.00)
for injury to one person and Ten Thousand Dollars ($10,000.00) property damage in any
one accident resulting from the operation of said vehicle. Policies or certificates
of insurance so deposited shall contain a clause obligating the company issuing the
same to give ten (10) days written notice to the City Clerk before said policy may be
canceled. In the event said policy is canceled and the ten (10) day period above
provided has elapsed, the licensee shall cease to operate or permit to be operated
in the City of Livonia such vehicle and the license issued therefor shall be auto-
matically revoked.
Section 5. Issuance of License. Upon filing of such application with the
City Clerk the Clerk shall issue a license covering one or more vehicles to be licensed,
provided, however, that no license shall be issued until the prescribed license fee
has been paid and policy or certificate of insurance deposited with the City Clerk.
The Clerk shall give to the licensee a metal plate which shall be attached in a con-
spicuous location on the rear of each licensed vehicle which plate shall have inscribed
thereon "Livonia Licensed hauler" showing a serial number and "Expires December 31,
19 ."
Section 6. License Not Transferable; Expiration. Every license issued under
the provisions of this ordinance shall cover the wagons, trucks, vehicles or means of
conveyance of but one person, and a new license shall be obtained by the purchaser,
transferee or assignee of such equipment each time a licensed wagon, vehicle or means
of conveyance is sold, transferred or assigned and is again used in any manner regulated
Page 3433
by this ordinance. Every license issued under the provisions of this ordinance shall
expire at midnight following the 31st day of December of each year unless terminated
prior to such date by operation of law.
Section 7. Equipment. Every wagons truck, vehicle or means of conveyance
for which a license is required under the terms of this ordinance, shall be equipped
with all of the devices, equipments and other requirements set forth in the Motor
Vehicle Act of the State of Michigan as being necessary on vehicles referred to in this
ordinance. Any violation thereof shall be deemed a violation of this ordinance and
punishable as hereinafter provided.
Section 8. Manner of Operation; Loads. Every wagons trucks vehicle or means
of conveyance for which a license is required under the terms of this ordinance shall be
constructed in such a manner as to prevent the scattering or dropping of the contents
thereof on the streets, alleys or other public places. The box of any such vehicle shall
not be loaded above the side or end board thereof. The transportation of materials
shall be conducted in such manner as to create the least possible nuisance and the
contents shall not be allowed to spill upon the public streets or alleys. Furthermore,
it shall be the duty of any person, firm or corporation transporting any of the materials
listed in Section 1 of this ordinance, to clean and remove any such soil or other
material dropped, sifted, leaked or otherwise escaped from vehicles used in transporting
the same and upon failure so to do within 24 hours after such occurs or notification
thereofs the Department of Public Works may have the street or highway in q,tstion cleaned
and the soil or other material removed therefrom and shall charge the cost thereof
against the person,firm or corporation from whose vehicle such leakage, spilling or
escaping occurred.
Section 9. Operating Condition of Equipment. It shall be unlawful to operate
any vehicle or means of conveyance licensed under tte provisions of this ordinance when
the same shall have become unsafe for operation. ine determination that a vehicle is
safe or unsafe shall be made in writing by any person designated by the Police Depart-
ment to make such inspection. It shall be the duty of the City Clerk on receiving
written notice of an unsafe vehicle to suspend said license until further notified that
such vehicle has been made safe for operation.
Section 10. Penalty. Any violation of this ordinance shall constitute a
misdemeanor and upon conviction thereof shall be punishable by a fine of not more than
Five Hundred Dollars ($500.00) or by imprisonment for not more than ninety (90) days
or by both such fine and imprisonment in the discretion of the court.
Section 11. Severability. 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.
Section 12. Repeal. 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.
The foregoing Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Page 3434
Councilman Bagnall introduced the following Ordinance:
NO.
AN ORDINANCE TO LISENCE DEALERS IN SECOND HAND MOTOR VEHICLES, USED
CARS AND USED MOTOR VEdICLE EQUIPMENT IN THE CITY OF LIVONIA; TO
REGULATE SUCH BUSINESSES AND TO PRESCRIBE PENALTIES FOR TIE VIOLATION
HERTOF,
THE CITY OF LIVONIA 011DAINS:
Section 1. No person, partnership, firm or corporation shall engage in the
business of operating and/or maintaining a second-hand motor vehacle or used car store,
place or lot within the City of Livonia for buying or selling second-hand motor vehicles
or used cars or accessories without having first obtained a license from the City of
Livonia as herein provided. The word "vehicle" in this ordinance is defined to mean
every device in, upon, or by which any person or property is, or may be transported or
drawn upon a highway, excepting devices moved by human power or used exclusively upon
stationary rails or tracks.
Section 2. Application for a license to engage in the business of operating
and/or maintaining a second-hand motor vehjcle or used car stores place or lot for
the buying or taking in exchange or selling of second-hand motor vehicles or used cars
shall be made by the owner or his authorized agent upon blanks to be furnished by the
City Clerk and shall contain:
(a) The full names age, and residence of the owner.
(b) The site upon which such business is to be conducted.
(c) The length of time continuously in business as a used automobile
seller, buyer or dealer prior to the apnlication.
(d) The date and number of the license from the Secretary of State of
the State of Michigan authorizing the conduct of a business in used
automobiles.
(e) Any other information deemed necessary for the proper enforcement
of this ordinance.
Section 3. The City "lerk is hereby authorized and shall grant a license
to any person of good character to enga7e in the business of operating and/or main-
taining a second-hand motor vehicle or used car store, place or lot for the buying
or taking in exchange or selling of second-hand motor vehicles or used cars, upon
the payment into the City Treasury of the sum of L;eventy-Five Dollars ($75.00) and
executing a surety bond to the City of Livonia in the penal sum of One Thousand Dollars
($1,000.00), said bond to be approved as to form by the City Attorney. Provided,
however, that no license shall be issued unless the application is accompanied by
certificates issued by the Police Department and the Firellepartment recommending the
issuance of such license and in addition thereto a certificate from the Bureau of
Inspection stating that the location and operation of the business will not violate
any of the terms of the Zoning Ordinance of the City of Livonia, as amended.
Section 4. No person, partnership, firm or corporation licensed under this
ordinance shall by virtue of one (1) license keep within said City more than one (1)
store, shop, house, place or lot for the buying, receiving, and taking in exchange or
selling of second-hand motor vehicles or used cars and parts and accessories therefor
of any description.
Page 3435
Section 5. Every dealer 1 censed under the provisions of this ordinance shall
keep in his place of business named in such license so issied to him, a record of the
purchase and sale of all automobiles and accessories therefor and all other records as
are required by the Secretary of State of the State of Michigan. Such records shall be
kept up to date and legibly written in the English language, and all such records and
stock in trade shall be open to the inspection of the Police Department of the City of
Livonia or any member thereof without the formality of legal process.
Section 6. All places of businesses and sites upon which businesses have
been licensed to operate under the provisions of this ordinance shall be kept neat and
orderly at all times, and in cases of open or uncovered sales lots, automobiles and
vehicles shall not be parked closer than four (II) feet from the lot line.
Section 7. Each second-hand motor vehicle or used car dealer licensed under
the terms of this ordinance shall have in his possession prior to January 1st of each
year the proper type and number of Michigan State Dealers License Plates and shall
fasten same upon all used automobiles and vehicles not registered in the name of said
dealer or licensee when being used or driven upon the streets or alleys of the City of
Livonia.
Section 8. Each second-hand motor vehicle or used car dealer shall carry
public liability and property damage insurance in an amount of at least Twenty Thousand
Dollars ($20$000.00) public liability and Ten Thousand Dollars ($10,000.00) property
damage insurance upon each automobile operated by him upon the streets and alleys of
the City of Livonia.
impSection 9. All used automobile dealersofinance companies or any other person,
firm, partnership or corporation who shall seize or repossess any automobile for any
reason whatsoever, with or without legal process, unless the automobile is voluntarily
delivered by the possessor to the repossessor, shall immediately make a report of such
action to the Police Department of tne City of Livonia.
Section 10. Every person, firm, partnership or corporation licensed under
the provisions of this ordinance shall post in a conspicuous location in his place of
business a copy of this ordinance, such copies to be furnished by the City Clerk.
Section 11. A license for dealing in second-hand motor vehicles and used cars
shall include the right to deal in used trailers, tractors, car parts and accessories,
but shall not permit the operation of a separate storage yard where used trailers,
automobile accessories, automobile parts and other similar items are stored.
Section 12. In the interpretation of this ordinance a single platted lot or
any group of contiguous lots having one (1) or more common entrances or exists shall be
construed as one (1) ased automobile lot or place of business.
Section 13. In case any licensee under this ordinance shall be found guilty
of violating any of the provisions of this ordinance or shall conduct his business in
such manner as to create a nuisance his license may be revoked by the Mayor. Said
licensee shall have the right to file an appeal with the City Council within ten (10)
days of such revocation. The City Council shall thereafter conduct a hearing on such
appeal and finally determine the matter by affirming, modifying or withdrawing such
revocation.
Section 14. Any person, firm, partnership or corporation violating any of
— — — — — — — — —
Page 3436
the provisions of this ord- nance shall, upon conviction thereof before a court of
competent jurisdiction, be pun_Lshed by a fine of not more than Five Hundred Dollars
($500.00) or by imprisonment for not more than ninety (90) days or both such fine and
imprisonment in the discretion of the court. Each act of violation and every day upon
which any such dolation shall occur shall constitute a separate offense.
Section 15. Any and all ordinances or parts of ordinances in conflict or
inconsistent herewith are hereby repealed.
Section 16. In the event any portion of this ordinance is held invalid for
any reason then such holding shall not affect the remaining portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
On motion of Councilman Hama11, seconded by Councilman McCann and
unanimously adopted, this 2117th regular meeting of the Council of the City of
Livonia was duly adjourned at 10:00 P. M., May 26, 1958.
MARIE W. CLARK, City Clerk
By : -64.14
'Juanita Hil as, Depu y City Clerk.