HomeMy WebLinkAboutCOUNCIL MINUTES 1955-05-09 Page 1859
MINUTES OF THE ONE HUNDRED FORTY-SECOND REGULAR
MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On May 9, 1955, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:08 P. M., by the
President of the Council, John T.Daugherty. Councilman Kleinert delivered the
invocation. Roll was called with the following result: Present-- John T. Daugherty,
David L. Jones, Harry R. Killam, Rudolf R. Kleinert, John W. Whitehead, Nettie Carey
and Wilson W. Edgar. Absent-- None.
Upon revue st of Dallas Hay, Director of Civil Defense, the Council re-
cessed for the purpose of entering in a brief ceremony regarding identification
tags prepared by Civil Defense. The meeting resumed at 8:16 P. M.
The City Clerk, Marie W. Clark, read the minutes of the 141st regular
meeting held. April 25, 1955.
By Councilman Whitehead, seconded by Councilman Kleinert and unanimously
adopted, it was
#236-55 RESOLVED, that the minutes of the 141st regular meeting
of the City Council held April 25, 1955 are approved as read.
The City Clerk read letters from the Ground Observer Corps dated May 5,
1955 and the Mendota Building Company dated May 5, 1955, which letters were
received and placed on file.
Councilman Edgar, as Chairman of the Transportation Committee, read the
following letter from Leo J. Nowicki, General Manager of the Departnnnt of Street
Railways, Detroit, dated April 27, 1955.
"My dear Mr. Edgar:
Reference is made to your letter dated April 20, 1955 in
which you raise the question about transit service to the City of
Livo nia.
Quite some time ago I arranged a meeting with the Mayor of
Livonia in the Livonia City Mall, at which time the possibility of
Page 1$60
providing transit service to the City of Livonia was quite fully ex-
plored. A tentative decision was reached at that time to extend the
Plymouth line into the City of Livonia as far as Shelden Center. Future
extensions of service were to depend on the support given the operation
along Plymouth Road.
When the press carried this story, the Plymouth Coach Line
now operating over Plymouth Road, immediately requested a hearing before
the Board of Street Railway Commissioners. I made every effort to reach
the Mayor of Livonia so that he might be present at this hearing, however,
I wasn't successful. When the City of Livonia was not represented at the
hearing, the Board of Street Railway Commissioners concluded that there
wasn't sufficient interest in having transit service extended into the
City of Livonia.
The DSR is not only anxious, but ready and willing to provide
transit service to any community where there is a need for such service.
The Charter of the City of Detroit requires, however, that the DSR be
entirely self-supporting, so that any service that the DSR provides must
provide sufficient revenue to pay all operating costs. Whether the pro-
posed extension of service along Plymouth Road would provide sufficient
revenues or not, remains to be seen. The DSR is willing to try out such
an operation if it meets with the approval of the city authorities of
the City of Livonia.
Very truly yours,
is, Leo J. Nowicki, General Manager"
By Councilman Edgar, seconded by Councilman Kleinert and unanimously
adopted, it was resolved that
#237-55 WHEREAS, the Detroit Street Railway officials have shown a
keen willingness and a desire to extend the DSR service into the City
of Livonia, and
WHEREAS, they have expressed a willingness to run buses west
on Plymouth Road to Farmington Road and west on Schoolcraft to Middle
Belt as a start toward more extended service,and
WHEREAS, this extra service would be of great benefit both
to our residents and the various places of business along the afore-
mentioned routes,
NOW, THEREFORE', BE IT RESOLVED, that the DSR be extended an
official invitation from this Council to augment its service to include
the proposed routes in the City of Livonia, and
BE IT FURTHER RESOLVED, that no mileage charge be made to
the DSR for this extended service.
The City Clerk read a letter dated May 7, 1955 from Milton R. Holley,
1421 Farmington Road, addressed to the Council President, regarding additional
fire hydrants for Farmington Road. The letter was received and placed on file.
Page 1561
An Ordinance entitled, "An Ordinance Amending Sections 1, 9, 33 and 35,
of the Zoning Map of the City of Livohia, andAmending Article 3.00 of the Zoning
Ordinance, Ordinance No. 60 of the City of Livonia, by Adding Thereto Sections
3.57, 3.55, 3.59, 3.60, 3.61 and 3.62", introduced by Councilman Kleinert at the
141st regular meeting held April 25, 1955, was taken from the table and a roll call
vote conducted thereon with the following result:
AYES: Jones, Kiliani, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: None.
The President declared the foregoing ordinance was duly adopted and would
become effective on date of publication, May 26, 1955.
Councilman Whitehead introduced the following Ordinance:
NO.
AN ORDINANCE AMENDING SECTIONS 2.04 AND
4.03 OF ORDINANCE NO. 51 OF THE CITY OF
LIVONIA ENTITLED, "AN ORDINANCE REGULAT-
ING THE ERECTION, CONSTRUCTION, ENLARGE-
MENT, ALTERATION, REPAIR, NDVING DEMO-
LITION, CONVERSION, OCCUPANCY, EQUIPMENT,
HEIGHT, AREA, LOCATION AND MAINTENANCE OF
ALL BUILDINGS AND STRUCTURES IN THE CITY
OF LIVONIA; AND PROVIDING FOR ISSUANCE OF
PERMITS,COT,T.F.CTION OF, FEES, MAKING OF RULES
AND ESTABLISHMENT OF FIRE LIMITS; PROVIDING
FOR THE REPEAL OF PRIOR ORDINANCES; AND PRO-
VIDING PENALTIES FOR VIOLATION HEREDF."
THE CITY OF LIVONIA ORDAINS:
Section 1. Sections 2.04 and 4.03 of the Building Code Ordinance,
Ordinance No. 51 of the City of Livonia, adopted March 17, 1952, are hereby
amended to read as follows:
Section 2.04. "Detroit Plumbing Code" means Ordinance No. 849-E
entitled, "Official Plumbing Code of the City of Detroit," adopted March
2, 1954, as amended.
Section 4.03. Amendments to Detroit Plumbing Code. The follow-
ing sections of the Detroit Plumbing Code are hereby amended as follows:
Section 602.6. Cast iron P traps and Drum traps
are acceptable in addition to those listed in Section 602.6.
Page 1862
Section 814.1. Cement laundry trays for normal
and regular installation are acceptable in addition to those
listed in Section 814.1.
Section 1001.1.1. Section 1001.1.1 is omitted to
prohibit the acceptance of asbestos for vent piping (Refer
to State Code Section 70, Page 27).
Section 1001.1.2.1. Buildings, Maximum Four Stories.
If buildings do not exceed four stories or forty feet in height,
not lighter than service weight pipe may be used throughout the
structure except that underground and special wastes, unusual
traffic, bearing loads will demand cast-iron of the grade known
as extra heavy.
Section 1001.6. Roof Extensions. All roof extensions
of soil and waste stacks shall be run at least twelve (12)
inches above the roof, and, then the roof is used for other
purposes than weather protection, usual extensions shall be
not less than five (5) feet above the roof.
Section 1001.7. Roof Increases. Each waste or vent
stack shall be increased to at least three (3) inch size at
its roof terminal. All soil stacks or any waste stacks used
in lieu of a fresh air vent, shall be the same size as the vent
stack except no roof extension shall be less than three (3)
inch size at roof terminal.
Section 2001.4. Registration of State Licenses.
For the registration of licenses a fee of not to exceed one
($1.00)dollar for Master and fifty (.50) cents for Journeyman
shall be charged for annual registration of each licence.
(Refer to State Code page 64, Act #266.)
Section 2101.3.1 and Section 2101.3.1.1 are hereby
omitted from the Detroit Plumbing Code and, in lieu thereof,
a schedule of fees is hereinafter set forth in Section 5.04
of this ordinance. All fees not expressly fixed pursuant to
the provisions of Section 5.04 of this ordinance shall be de-
termined by Article XXI of the Detroit Plumbing Code.
Section 2201.4. This code, the State Plumbing Code,
the laws of the State of Michigan and the ordinances of the
City of Livonia shall be enforced.
Section 2202.7. Special Re-Inspection Fee. No
normal violation due to imperfect or defective materials
shall demand this special re-inspection fee. Improper in-
stallation shall demand re-inspection fee.
Section 2202.10. After all fixtures, appliances and
appurtenances in connection with the plumbing and drainage
system are installed and the premises are ready for occupancy,
a final inspection shall be made prior to occupancy in all
new buildings.
Page 1863
Section 2204.1.1. New construction. All mil, waste,
vent and water distributions pipe in the plumbing and drain-
age system shall be subjected to a water test or air test
when deemed necessary and requested by the Plumbing Department.
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 portion of this ordinance.
The foregoing ordinance was placed on the table for consideration at the
next regular meeting of the Council, May 23, 1955.
The City Clerk, Marie W. Clark, read a letter from James M. Cleveland,
UAW-CIO, dated May 4, 1955.
By Councilman Kleinert, seconded by Councilman Edgar and unanimously
adopted, it was
#23$-55 RESOLVED that the request of James M. Cleveland, Local #262,
UAW CIO, to place a tent or voting 000th on the easement of Amrhein Road
for the purpose of conducting an election on May 25, 1955 from 6:00 A. M.
to 6:00 P. M., is hereby approved, provided that the Union will assume any
and all liabilities incurred.
By Councilman Killam, seconded by Councilman Kleinert and unanimously
adopted, it was
#239-55 RESOLVED, that the Council suspend the regular order of
business to take up certain items on the agenda wherein interested
persons are waiting to be heard on those items.
The City Clerk read a letter dated May 3, 1955 from Donald E. Barris,
attorney for Harry Slatkin Builders, Inc., and letter from the Mayor dated May 9,
1955, addressed to Council President John Daugherty.
By Councilman Kleinert, seconded by Councilman Edgar, it was
#240-55 RESOLVED, that Harry Slatkin Builders, Inc., having filed a
bond in the amount of $200,000.00 dated April 19, 1955; and that said
bond was approved by the City Attorney on April 20, 1955; and it further
appearing that Harry Slatkin Builders, Inc., have complied with the
Page 1864
terms of such bond; the Bureau of Inspection is hereby authorized and
directed to issue building permits in Country Homes Subdivision No. 2;
and that any restrictions heretofore established in resolution #200-55
adopted by the Council on April 11, 1955, be and hereby are rescinded
in their entirety.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: Jones.
The President declared the resolution adopted.
A recess was called at 9:45 P. M., after which the meeting resumed at
10:18 P. M., with all members present who were named as present in the original
roll call of this meeting.
By Councilman Kleinert, seconded by Councilman Edgar and unanimously
adopted, it was
#241-55 RESOLVED, that in accordance with the verbal request of Mrs.
Violet Woodson, representing Local #174, UAW-CIO, that organization is
hereby authorized to use public property at the corner of Deering and
Plymouth Roads for the purpose of holding an election on May 17, 1955
and June 7, 1955 from 6:00 A. M. to 6:00 P. M., providing that the
Union will assgme any and all liabilities incurred.
The City Clerk read a letter from Wayne Construction Corporation dated
April 19, 1955, and letter from the Department of Public Works dated April 29, 1955.
By Councilman 1leinert, seconded by Councilman Whitehead and unanimously
adopted, it was
#242-55 RESCLVED that, having considered the recommendation of W. R.
McCary, Superintendent of Public Works, dated April 29, 1955, the Council
does hereby amend resolution #787, item #3, adopted November 30, 1953,
and does establish the bond for improvements in Smokier Rousseau Sub-
division No. 3 in the amount of $19,000.00.
By Councilman Edgar, seconded by Councilman Carey, it was
#243-55 RESOLVED that, pursuant to a resolution passed by the Council
of the City of Livonia on October 26, 1953, wherein provisions were made
for certain property owners to connect on the sanitary sewer installed
in Section 1 of the City; and it appearing that certain property owners
have heretofore paid for such connection, pursuant to the rates established
in said resolution; and it further appearing that upon the adoption of
Ordinance No. 98 on April 18, 1955, wherein said connection charge to
Page 1865
the sanitary sewer was established at $300 per connection; and that the
City of Livonia has previously entered into contracts with certain property
owners, pursuant to said resolution; the Council does hereby authorize the
City Clerk and the City Treasurer to refund to the following property owners,
the amount paid in excess of $300.00:
Alexander Swan and Bethel Swan, his wife $218.00
Robert E. Sharp and Christine Sharp, husband
and wife $218.00
Albert Simcheck and Emma Simcheck, his wife $470.00
TOTAL: $906.00
President Daugherty relinquished the chair to Vice President Kleinert at
10:31 P. M., and was excused. He returned at 10:32 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Whitehead, Carey, Edgar, Daugherty and Kleinert.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Carey and unanimously
adopted, it was
#244-55 RESOLVED, that the letter from the Zoning Board of Appeals
regarding Barnes Cleaners be tabled until the meeting of May 23, 1955,
and the President is authorized to appoint a committee of three to
gather additional information on this subject.
The President thereupon appointed the following members to serve on such a com-
mittee: Councilmen Edgar, Killam and Carey.
The City Clerk read a letter from the City Attorney dated May 5, 1955
re: statement of John T. Lynch in the amount of 5422.35.
By Councilman Daugherty, seconded by Councilman Edgar, it was
#245-55 RESOLVED, that the statement of John Lynch in the amount of
$422.35 be tabled pending receipt of an opinion from the City Attorney
at the next regular meeting, May 23, 1955, as to the legality of his
actions in incurring this debt.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Killam, Whitehead, Carey, Edgar, Daugherty and Kleinert.
NAYS: Jones.
The Vice President declared the resolution adopted.
Page 1866
Councilman Whitehead was excused at 11:04 P. M., and returned at 11:07 P. M.
President Daugherty resumed the chair at 11:14 P. M.
By Councilman Kleinert, seconded by Councilman Jones, it was resolved
that
#246-55 WHEREAS, there exists in the Livonia Estates and Pearl Wilson
Subdivisions an open drain that is a source of danger to small children,
and
WHEREAS, the present depth and size of this drain does not
permit the adequate drainage of storm waters from streets in these
subdivisions, and
WHEREAS, the developer has submitted plans, approved by the
City of Livonia, to the Michigan Department of Health for a permit for
construction of sewers to correct the above conditions, and
WHEREAS, the Michigan Department of Health has issued Permit
No. 12882, subject to certain agreed terms and conditions, and
WHEREAS, Permit No. 12882 will not become effective until the
terms and conditions of the above permit are accepted and approved by
the legislative body of the City of Livonia,
NOW, THEREFORE, E IT RESOLVED, that the Council of the City
of Livonia hereby accepts the terms and conditions made a part of said
Permit No. 12882; instructs the City Clerk to furnish a certified copy
of this resolution to the State Dermrtment of Health, and authorizes
the Mayor and City Clerk to affix their signatures to the certificate
that is a part of said Permit No. 12882.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Killam, Whitehead, Carey, Edgar and Kleinert.
NAYS: Daugherty.
The President declared the resolution adopted.
The City Clerk read a letter received May 5, 1955 from the Livonia Rotary
Youth Foundation, which was received and placed on file.
By Councilman Edgar, seconded by Councilman Carey and unanimously
adopted, it was
#247-55 RESOLVED, that the proposed lease between the City of Livonia
and Wayne County Road Commission pertaining to a park site in Section 21,
be tabled until a joint meeting can be established with the Park s and
Recreation Commission.
Page 1867
By Councilman Kleinert, seconded by Councilman Whitehead and unanimously
adopted, it was
#248-55 RESOLVED, that Petition No. V-11 of Albert A.Hacker, 19604
Farmington Road, for vacating of easement in Sunningdale Park Subdivision,
Section 12, City of Livonia, be referred to the City Planning Commission
for action according to law and Ordinance No. 29, as amended by Ordinance
No. 50.
The City Clerk read a letter from Green Bros., dated May 9, 1955, relative
to final approval of Smiley-Ringwald Subdivision.
By Councilman Kleinert, seconded by Councilman Carey and unanimously
adopted, it was
#249-55 RESOLVED that, having given final approval to Smiley-Ringwald
Subdivision on December 27, 1954; and it further appearing that due to
a recent dedication of certain property within said subdivision, the
Council does hereby reaffirm its action of December 27, 1954 in all
respects, pursuant to such resolution.
The City Clerk read a letter dated May 9, 1955 from the Archdiocese of
Detroit, requesting permission to tap into the sewer on Joy Road.
By Councilman Edgar, seconded by Councilman Whitehead and unanimously
adopted, it was
#250-55 RE, OLVED, that the request of the Rt. Rev. Msgr. Bernard Kearns,
Vice-Chancellor of the Archdiocese of Detroit, dated May 9, 1955, for
permission to tap into the sewer facilities in Joy Road, is hereby ap-
proved, and that such tap shall b': in conformance with the rules and
regulations as established in Ordinance No. 98.
By Councilman Whitehead, seconded by Councilman Kleinert and unanimously
adopted, it was
#251-55 RESOLVED, that the Petition of Gerald Harris, et al, be re-
ferred to the City Attorney for a written opinion as to its legality.
By Councilman Edgar, seconded by Councilman Whitehead, it was
#252-55 RESOLVED, that the President of the Council appoint a committee
of three members to be known as a Legislative Committee, to keep the
Count informed on all legislative matters.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Whitehead, Carey, Edgar and Daugherty.
NAYS: Jones and Killam.
The President declared the resolution adopted.
Page 1868
On motion of Councilman Kleinert, seconded by Councilman Jones and
unanimously adopted, this 142nd regular meeting of the City Council was adjourned
to Thursday, May 12, 1955, at 9:00 P. M., the time of this adjournment being
11:42 P. M., May 9, 1955.
74.00,
M. - Clark, City Clerk
Attested:
11116
'ohn Daugherty, President the Counc
Rudolfe
inert, Vice President of the Council