HomeMy WebLinkAboutCOUNCIL MINUTES 1952-04-21 Page 761
MINUTES OF THE SIXTY-EIGHTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On April 21, 1952, above meeting was held at 33211 W Seven Mile Road,
Livonia, Michigan, and was called to order at approximately 8.02 P M by the
President of the Council, Harry S Wolfe Roll was called with the following
result: Present-- Harry S. Wolfe, Wilson W. Edgar, Raymond E Grimm, Harvey
Jahn, John Whitehead, Nettie Carey and William Taylor Absent-- None
Minutes of the 67th regular meeting of the Council held April 14, 1952,
were read and approved
City Attorney William Brashear read a proposed ordinance on hotels,
rooming houses and motels, which was prepared at the request of the Council
This proposed ordinance was corrected in several respects
Councilman Jahn introduced the following ordinance-
"! NO 54
AN ORDINANCE LICENSING AND REGULATING
HOTELS, LODGING AND ROOMING HOUSES, AND
MOTOR COURTS WITHIN THE CITY OF LIVONIA,
AND PROVIDING A PENALTY FOR VIOLATION
HEREOF.
THE CITY OF LIVONIA ORDAINS.
Section 1. Definitions. The following words and phrases when used
in this Ordinance for the purpose of this Ordinance, have the meanings respectively
ascribed to them in this section as follows.
"Hotel" - A building or part thereof occupied as the more or less
temporary abiding place of individuals in which the rooms are rented or
leased singly for hire, and in which rooms no provision for cooking is
made, and in which building there is a general kitchen and dining room
for the accommodation of the occupants.
{ "Lodging Hots eft - A building or part thereof other than a hotel,
where lodgings are provided for hire more or less transiently without
provisions for meals
Page 762
"Rooming House" - Any building occupied as a home or family unit
where a certain room or rooms, in excess of those used by members of the
immediate family are leased or rented to one or more persons and occupied
by four or more persons not members of the family The term "rooming
E house" shall also include Tourist Homes and tourist accommodations other
than Motor Courts.
"Motor Court" - Any establishment in which individual cabins,
courts, or similar structures or units, are let or rented to transients
for periods of less than one month. The term "motor court" shall include
Tourist Cabins and Motels.
"Family" - The term family as used in this Ordinance shall mean one
family unit, members of which are related by consanguinity or by marriage.
"Person" - The word person as used in this Ordinance shall be construed
to mean natural persons, firms, co-partnerships, corporations and all
associations of natural persons, corporated or unincorporated, whether acting
by themselves or by a servant, agent or employee
Section 2 License Requirement No person shall use, operate or occupy,
or cause to be used, operated or occupied, any building, structure or premises within
the City of Livonia as a hotel, lodging house, rooming house or motor court, or any
combination thereof, unless there is in his possession and posted on such building,
structure or premises, in a conspicuous place, an unrevoked license of current issue
lij as provided in this Ordinance.
Section 3 Application for License Application for such license shall be
made in writing to the City Clerk, upon a form provided for that purpose, and shall
be filed with said clerk. Such application shall include the applicant's name and
address, his interests in the building and the location thereof- the name and address
of the owner of record of said building and premises, if applicant is a partnership,
the names and addresses of the partners, if applicant is a corporation, the names
and addresses of the officers thereof, a list of the rooms, suites or beds therein
indicating the size of such rooms, number of beds in each room, sanitary facilities
and the maximum number of persons to whom it is desired to rent said premises when
rented at full occupancy, the names, ages and relationship of all persons occupying
said building as members of the family and description of the accommodations
available for such family occupancy, and such other information as may be required
by the regulations authorized in Section 16 of this Ordinance.
Section 4 Fees for Licenses. Each application for license shall be
accompaniedby the fee specified by this section The following license fees are
hereby fixed-
Hotels . . . • $100 00
Lodging Houses 75 00
Rooming Houses (per room) . . . . 3 00
Motor Courts (per cabin or unit) 15 00
Such fees shall be paid to the City Treasurer and shall become a part of the General
Fund of the City
page 763
Section 5. Dui^ation of Licenses All licenses issued under this Ordinance
shall expire one year from the date of issuance, unless sooner revoked or suspended.
Section 6 Investigation Upon receipt of an application in proper form,
the City Clerk shall refer the same to the Health Department, the Bureau of Inspection,
the Fire Department and the Police Department, each of whom shall make an inspection
and investigation, together with a written report and recommendation The object of
such investigation and inspection is to determine whether or not the building and
premises are properly located, constructed and equipped for the purpose for which
it is desired to license the same, whether or not the applicant is a person of good
moral character and any other facts and circumstances which may be required under the
provisions of this Ordinance and the regulations authorized herein
Section 7 Issuance of License Upon the filing with the City Clerk of a
proper application together with the required fee, and upon the filing with said
clerk of written reports from the Health Department, the Bureau of Inspection, the
Fire Department and the Police Department recommending the issuance of such license,
the City Clerk is hereby authorized to issue to the applicant in the name of the
City a license subject to the provisions of this Ordinance and „he regulations
authorized herein
Section 8 Refusal to Issue Licenses and Revocation. Any license requested
under this Ordinance may be refused by the City Clerk, and any license issued under
the provisions of this Ordinance may be revoked or suspended by the Mayor or City Clerk
at any time, for any of the following causes:
(a) Fraud or misrepresentation in the application for license;
(b) Fraud or misrepresentation in the operation of the licensee's
business;
(c) Any violation of this Ordinance or of the regulations
authorized herein,
(d) Any violation of any of the ordinances of the City of Livonia;
(e) Any violation of any of the laws of the United States and the
State of Michigan;
(f) Conducting a business in an unlawful manner or in such manner
as to constitute a breach of the peace or a menace to the health, morals,
safety or welfare of the public, or
(g) Any failure or inability on the part of the applicant to
meet and satisfy the requirements and provisions of this Ordinance and
the regulations authorized herein
Written notice of refusal, revocation or suspension, stating the cause or causes
therefor, shall be delivered to the applicant or licensee personally, or mailed to
his address stated in his application
lection 9 Appeal Any person whose license is revoked or suspended
or any person whose request for a license is refused shall have a right to a hearing
before the Council, provided a written request therefor is filed with the City Clerk
within ten days following the delivery or mailing of notice of revocation or
suspension, or within ten days following such refusal The Council shall have the
right to affirm and sustain any refusal to issue a license, or any revocation or
suspension of a license, and the Council may grant or reinstate any license.
Page 764
Section 10 Form of License Each license shall contain the name and
address of the licensee, and a brief description of the premises for which the
license was issued including the type of accommodation, maximum number of rooms
or units which may be rented, maximum number of persons permitted to occupy such
premises at any one time and such other information as may be required by the
regulations authorized herein
Section 11 Location of License Each license shall be posted in a
conspicuous place on the premises for which issued, in accordance with the
regulations of the Police Department
Section 12 Transfer of License No license issued under this Ordinance
shall be transferred or assigned
Section 13 Health Requirements Said licensed premises shall at all
times be occupied, kept and maintained in accordance with the applicable provisions
of the building and housing ordinances and regulations of the City of Livonia, and
the housing law of the State of Michigan. Where under the terms of any rental
ag-eement it is the duty of any licensee to furnish linens, such licensee shall provide
all beds with regulation sheets and pillow cases, the same to be laundered at least
once each week, provided that each new guest or patron shall be furnished with clean
sheets and pillow cases. Where towels are provided the same shall be individual
towels furnished clean to each guest or patron and laundered at least once a week, and
no common towels shall be permitted Any licensee, having notice or knowledge that
the licensed premises contain any vermin, shall within 48 hours, report the same to
the Board of Health, and shall cause the same to be exterminated by such means as shall
be approved by said Board of Health within five days from the date upon which licensee
first had notice or knowledge of the existence of the same. Where food is served to
guests in any premises, said licensee shall be subject to, and shall fully comply with
all provisions of Ordinance No 9 of the City of Livonia
Section 14 Registration. Every licensee shall provide and maintain a
bound book in which shall be entered in ink the name and home address of any person
other than members of the family as listed in the application for such license,
occupying said premises or any part thereof Said register shall also show the make
and license number of any motor vehicle owned or used by each registrant Said register
shall be maintained in said premises in plain view, and in a convenient place, near
the main entrance, and shall be submitted upon demand to any official or police
officer of the City of Livonia or to any police officer of the State of Michigan
The same shall constitute a pth lic record Where two persons of the opposite sex
occupy the same room said register shall specify the relationship of said persons.
It shall be a violation of this Ordinance for any such person to inscribe in such
register or to give for the purpose of being inscribed in such register, any false
information Knowing or having reasonable cause to believe such information to be
false, licensee or his employee shall notify Police Department of such fact, and
failure to do so shall be grounds for revocation of his license.
Section 15 Rental Restrictions No room or unit of premises licensed
under the provisions of this Ordinance shall be rented or let for a period of less
than 24 hours, nor shall any such room or unit be rented or let to more than one
tenant for each 24 hour period The right to occupy any such room or unit shall not
be assigned, transferred or sub-let No licensee shall approve, suffer or permit
Page 765
the assignment, transfer or sub-letting of any such room or unit No such room or
unit shall be used for gambing, immoral purposes or any other unlawful act No
person shall occupy or use as a guest or a tenan" or be permitted to occupy or use
as a guest or tenant, any motel or the accommodations for a period of more than
one month in any calendar year
Section 16 Regulations. The Department of Health, Bureau of Inspection,
Fire Department and Police Department are hereby authorized to make such rules and
regulations as may be necessary to carry out the provisions of this Ordinance, copies
of which shall be available for distribution to all interested persons
Section 17 Payment of Rent, Damages Occupants of said premises shall
not do or perform any act therein which will in any way damage said premises, nor
shall they permit the occupancy of any room or portion of said premises let to them,
by persons other than those registered with the licensee, without the express knowledge
and consent of said licensee No person shall vacate any room or any premises or
part thereof without having fully paid all items of rental due for his or her
occupancy thereof
Section 18 Penalty. Any person who shall violate or fail to comply with
any of the provisions of this Ordinance, or any of the regulations made pursuant
hereto, shall be guilty of a misdemeanor and, on conviction, shall be punished by
a fine not to exceed 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. Each act of violation and every day upon which such violation occurs shall
constitute a separate offense
Section 19 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 20 Severability If any part or parts of this ordinance are
for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this Ordinance
Section 21 Effective Date. This Ordinance is hereby declared to be an
emergency Ordinance necessary to the protection of the public welfare and shall take
effect immediately on publication
A roll call vote was taken on the foregoing ordinance with the following result•
AYES: Grimm, Edgar, Whitehead, Carey, Jahn, Taylor
and Wolfe
NAYS. None.
President Wolfe declared that the foregoing ordinance was adopted as an emergency
ordinance and will become effective on the date of publication, May 2, 1952
Page 766
By Councilman Carey, seconded by Councilman Jahn and unanimously adopted
as follows, it was:
#18 RESOLVED, that the hour of 8:30 P M having arrived, the
time for receiving bids on a 20,000 gallon storage tank for the
Department of Public Works and a tilt top trailer for the Department
of Parks and Recreation, be declared expired; and that the City Clerk
open and read all bids received
City Clerk, Marie W. Clark, thereupon opened and read the following
bids on storage tank-
1 Miller Equipment Company of Detroit . . . . $1875.00
2. Detroit Tank & Welding Co 1621 00
3 McDaniel Tank Manufacturing Company 1595 00
4 Steel Plate Co . . . . 1750.00
5 American Structural Steel & Tank Co 2682 00
By Councilman Jahn, seconded by Councilman Carey and unanimously adopted
as follows, it was
#19 RESOLVED, that the foregoing bids be referred to the Director
of Public Works for his recommendation and report
The City Clerk then opened and read the following bids on tilt top
trailer.
1 Paul J. Weideman, Inc $920.25
2 Mastick Implement Co 794 78
By Councilman Edgar, seconded by Councilman Grimm and unanimously adopted
as follows, it was.
#20 RESOLVED that, pursuant to Section 9 of Ordinance No 35, the
foregoing bids be referred to the Director of the Department of Parks
and Recreation
By Councilman Jahn, seconded by Councilman Carey and unanimously adopted
as follows, it was.
#21 RESOLVED that, pursuant to recommendation of Herald Hamill,
City Engineer, dated April 21, 1952, the plans for street drainage,
paving and water mains, as submitted by Clairmount Building Company
and prepared by Hubbell, Roth & Clark, Inc , and as identified by the
signature of the City Clerk, on the following streets in Thomas Elliot
Subdivision
Page 767
Clements Circle from Harrison to Harrison
Elmira from Harrison to Clements Circle
Seltzer from Clements Circle to Elmira
Garvett from Clements Circle to Elmira
Harrison from North Clements Circle to Elmira
be and hereby are approved
By Councilman Edgar, seconded by Councilman Taylor and unanimously adopted
as follows, it was
#22 RESOLVED that, on recommendation of Hubbell, Roth & Clark, Inc ,
dated April 18, 1952, and of the Superintendent of Public Works dated
April 21, 1952, the following lines of Sectior 4 of Sewage Disposal System
No 1:
1. Haller, north of Plymouth Road
2. Camden, north or Plymouth Road
3. Hartel, north of Plymouth Road
4. Alley sewer between Deering and Cardwell, from
Plymouth Road to Race Track Property
5 Alley sewer on Plymouth Road from Inkster to Deering
be and hereby are acceptedfbr the purpose of issuing of permits for
connections, but not for any other purpose; provided, however, that
this resolution shall in no way constitute an acceptance of performance
of any contracts or a release of any contractors of bonds furnished
by them
By Councilman Jahn, seconded by Councilman Grimm and unanimously adopted
as follows, it was:
#23 RESOLVED, that :ir Roth of Hubbell, Roth & Clark, Inc., be
invited to meet with the Council as soon as possible
The report of the engineer on proposed Jarvis Avenue storm sewer (Special
Assessment District No 4) was discussed
By Councilman Edgar, seconded by Councilman Whitehead and unanimously
adopted as follows, it was-
#24 RESOLVED, that in all future consideration of proceedings under
Ordinance No 31, it shall be the policy of the Council that where funds
of the city are used in paying the cost of construction and such cost
is not paid from the proceeds of the sale of bonds, or where the cost
of construction in any event is less than $10,000 00, such cost with
interest shall be repaid to the City within a four year period in four
annual installments of not less than 255 each plus interest; and that this
policy be made known to all persons hereafter interested in the making
of improvements under said ordinance
Page 768
A roll call vote was taken on the foregoing resolution with the following result.
AYES Grimm, Edgar, Whitehead, Carey, Jahn, Taylor
and Wolfe
NAYS None.
Mr John M Campbell made a statement to the Council on the work that
is being done by the Heating Council in preparing a new Heating Code, which he
believes will be ready for adoption by various cities within a period of six weeks;
and he recommended that the Council postpone adoption of Heating Code for such
period
A ten minute recess was called at this time, following which the meeting
was reconvened with all members of the Council present.
Letter from Ralph R Calder, architect, dated April 18, 1952, pertaining
to new city hall was received and placed on file
Mr Askew, an associate of Ralph R Calder, architect, appeared before
the Council and a full discussion was had on the proposed plans and specifications
on the new city hall.
Ey Councilman Jahn, seconded by Councilman Carey and unanimously adopted
as follows, it was.
#25 RESOLVED, that the plans and specifications, together with
the form of advertisement for bids, as prepared by Ralph R. Calder,
architect, and this day presented to the Council, as identified by the
signature of the City Clerk and date, and amending the making of
provisions for two additional toilet rooms, one in the mimeograph and
storage room 36 and the other in plan file room 28, be and hereby are
approved, that said plans and specifications as amended and approved be
placed on file in the office of the City Clerk not later than April 28,
1952, that said advertisement be placed in the Livonian on April 25, 1952,
and in the Michigan Contractors and Builders on April 26, 1952; and that
all bids be received not later than 8 30 P M. on May 19, 1952, and that
the same be opened and considered by the Council at the last mentioned
date and time in the Court Building at 33211 W Seven Mile Road
A roll call vote was taken on the foregoing resolution with the following result:
AYES. Grimm, Edgar, Whitehead, Carey, Jahn, Taylor
and Wolfe
NAYS• None
Page 769
By Councilman Taylor, seconded by Councilman Jahn and unanimously adopted
as follows, it was:
#26 RESOLVED, that, pursuant to Section 204(j)(3) of
the Housing and Rent Act of 1947, as amended, the City Council
hereby fixes Monday, May 12, 1952, at 8.30 P M , as the date and
time for a public hearing on the question whether or not the Council
should adopt a resolution that there no longer exists such a shortage
in rental housing accommodations within the City of Livonia as to
require rent control in such city; that such public hearing be held
at the Court Building at 33211 W Seven Mile Road in the City of
Livonia, that, at such hearing, all citizens, property owners,
landlords and tenants be given an opportunity to be heard; that
such further proceedings be taken under said Section 204(j)(3) and
the applicable local law as the Council may determine on the basis of
facts presented at such public hearing; and that the City Clerk give
public notice of such hearing at least ten (10) days prior to the hearing
date by publishing this resolution in the Livonian on April 25, 1952
A roll call vote was taken on the foregoing resolution with the following result:
AYES Grimm, Edgar, Whitehead, Carey, Jahn, Taylor
and Wolfe
lij NAYS• None
Petition of Richard P Davis, et al, for installation of sewers in
Livonia Gardens Subdivision, appropriate answer thereto having been made by the
city clerk under date of March 27, 1952, was received and placed on file
Py Councilman Grimm, seconded by Councilman Carey and unanimously adopted
as follows, it was.
#27 RESOLVED, that the petition of Stuart B. Reed, et al, for
road improvements in Coventry Gardens Subdivision, be referred to the
Department of Public Works for its recommendations and report and khat
this report be considered by the Committee of the Whole
By Councilman Whiuehead, seconded by Councilman Jahn and unanimously
adopted as follows, it was:
#28 RESOLVED, that the application of Tony Saylor dated April 21,
1952, for taxi cab license, be referred to the Co=ituee of the Whole.
By Councilman Jahn, seconded by Councilman Whitehead and unanimously
adopted as follows, i. was-
Page 770
#29 RESOLVED that, pursuant to request of Liquor Control
Commission dated April 2, 1952, the request of Doniel T Patterson
to drop deceased partner from l952._ Class C 8 month license with a
dance permit, located at 35780 Five Mile Road, Plymouth, from
John H Patterson, Estate, Doniel T Patterson, Special Administrator
and Partner, is hereby approved.
By Councilman Jahn, seconded by Councilman Whitehead and unanimously
adopted as follows, it was:
#30 RESOLVED, that Petition No. 53 of Armanell Rosevear, et al,
for change of zoning classification be referred to the City Planning
Commission for hold ng of public hearing thereon and the making of
its report and recommendations as provided by law
By Councilman Jahn, seconded by Councilman Carey and unanimously adopted
as follows, it was-
#31 RESOLVED, that an appropriation be made in the amount of
$254 00 from the unallocated fund to the Department of Public Safety
to cover the balance due on 1952 Ford Country Sedan to be used by
the American Red Cross, local unit, under agreement
A roll call vote was taken on the foregoing resolution with the following result.
lij
AYES: Grimm, Edgar, Whitehead, Carey, Jahn, Taylor
and Wolfe
NAYS. None
By Councilman Grimm, seconded by Councilman Whitehead and unanimously
adopted as follows, it was.
#32 RESOLVED that, pursuant to recommendation of Carl J Wagenschutz,
City Treasurer, dated April 2, 1952, and pursuant to Section 14 and 25 of
Ordinance No. 31, the City Assessor is hereby directed to make a new roll
for Special Assessment District No. 2, that such new roll be filed with the
City Clerk and that further proceedings be taken as required by the provisions
of Ordinance No. 31
By Councilman Edgar, seconded by Councilman Taylor and unanimously adopted
as follows, it was:
#33 RESOLVED, that copy of letter from Michigan State Highway
Department dated March 27, 1952, addressed to the County Clerk and pertaining
to a parking control order for U.S.-12, be received and placed on file;
and that a copy thereof be referred to the Police Department
The report of the Finance Committee for the month of March, 1952, as follows
Page 771
General, Administrative and Legislative
Executive 65 10
111
Legislative 985.42
City Clerk 736 10
Treasurer 11 53
Department of Law 2 50
Justice Court 72 41
Election Commission 402 80
Civil Service 29 71
City Planning Commission 498 03
Court Building 1,361.72
City Hall 248.02
Department of Assessors 14 50
Civilian Defense 194 71
Board of Appeals 93.60 $ 4,716.15
Department of Public Safety:
Police Department 3,974 07
Fire Department 4,753 71
Inspection Department 83 21 8,810 99
Department of Public Works 13,610.99 13,610.99
Department of Parks and Recreation 2,058 19 2,058 19
General Ledger Accounts.
Advance to Water Supply System 229 63
Advance to Sewer Disp. #2 102.00
Income Refunds 126 17
Health & Welfare 35 00
Insurance 917 32
Inventory 1,087 54
Deposit on Drum 6 00 2,503 66
TOTAL $ 31,699 98
was received and placed on file
By Councilman Edgar, seconded by Councilman Grimm and unanimously adopted
as follows, it was.
#34 RESOLVED that, pursuant to letter from Livonia Township School
District dated April 15, 1952, the members of the school board be invited
to meet informally with the members of the City Council during the evening
of April 28, 1952
By Councilman Grimm, seconded by Councilman Edgar and unanimously adopted
as follows, it was.
Page 772
#35 RESOLVED, that the application of the Livonia Rotary Club
to conduct a parade on the streets of the City of Livonia on May 4, 1952, and
to hold a carnival on the grounds of the Michigan Racing Association on
III3 May 9th, 10th and 11th, 1952, be and hereby is approved
The Council directed that insurance be required in relation to the foregoing permit
Report of Police Chief Harmon dated April 21, 1952, pertaining to dog
pound and disposition of dogs, was received and placed on file
By Councilman Jahn, seconded by Councilman Whitehead and unanimously adopted
as follows, it was.
#36 RESOLVED, that commencing May 1, 1952, and thereafter until the
further resolution of this Council, the regular meetings of the City Council
of the City of Livonia be held on the second and fourth :Mondays of each
month at 8 P H at the Court Building, 33211 W Seven Mile Road, and that
all previous resolutions inconsistent with this resolution be hereby
rescinded.
By Councilman Edgar, seconded by Councilman Grimm and unanimously adopted
as follows, it was.
#37 RESOLVED, that on recommendation of the Department of Public
Works, the bid of Steel Plate Company for 20,000 vertical storage tank
in the amount of $1,750 00 be accepted and said department is hereby
authorized to complete the purchase of said tank in conformance with
said bid.
A roll call vote was taken on the foregoing resolution with the following result.
AYES Grimm, Edgar, Whitehead, Carey, Jahn, Taylor
and Wolfe
NAYS• None
Request of Police Chief George Harmon dated April 28, 1952, for additional
appropriation in the amount of $700.00 was referred back to him for approval of
department head and mayor
On motion of Councilman Whitehead, seconded by Councilman Taylor and unanimously
passed, the meeting was adjourned at 12.10 A M , April 22, 1952.
IliAtteste — `.rie W Clark, City Clerk
KarS Wolfe, President /