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HomeMy WebLinkAboutCOUNCIL MINUTES 1962-06-20 Page 5197 MINUTES OF THE THREE HUNDRED SIXTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 20, 1962, the above meeting was held at 33)01 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:15 P.M. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty, William E. Parks, Rudolf R.Kleinert, John F. Dooley, Edward H. McNamara and James R. McCann. Absent-- None. Elected and appointed City officials also present: Marie W. Clark, City Clerk; Mayor Harvey Moelke; Alan Walt, City Attorney; Carrol Lock, Budget Director; Robert Shaw, Director of Public Works; Charles J. Pinto, Assistant City Attorney; and William J. Strasser, Chief City Engineer. By Councilman Kleinert, seconded by Councilman McNamara and unanimously adopted, it was #165-62 RESOLVED that, the minutes of the 367th regular meeting of the Council of the City of Livonia held on June 13, 1962, are hereby approved. By Councilman Dooley, seconded by Councilman Parks, it was RESOLVED that, Petition No. Z-560 be referred to the Streets, Roads and Plats Committee for report and recommendation by July 11, 1962. By Councilman McNamara, seconded by Councilman Daugherty and unanimously adopted, it was #166-62 RESOLVED that, Petition No. 1-560 be tabled to the next study meeting of the Council. An Ordinance Amending Sections 1 and 31 of the Zoning Map of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, by Adding Thereto Sections 3.323 and 3.321, introduced on June 13, 1962, by Councilman Kleinert, was taken from the table and a roll call vote conducted thereon with the following result : AYES: Daugherty, Parks, Kleinert, Dooley, McNamara, McCann and Bagnall. NAYS: None. Page 5498 The President declared the foregoing Ordinance duly ado ted and would become effective on publication. An Ordinance Amending Section 33 of the Zoning Map of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, by Adding Thereto Section 3.325, introduced on June 13, 1962, by Councilman Kleinert, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Daugherty, Parks, Kleinert, Dooley, McNamara, McCann and Bagnall. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 35 of the Zoning Map of the City of Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, by Adding Thereto Section 3.326, introduced on June 13, 1962, by Councilman Dooley, was taken from the table and a roll call vote conducted thereon with the following result: AYES.: Parks, Kleinert, Dooley, McNamara, McCann and Bagnall. NAYS: Daugherty. The President declared the foregoing Ordinance duly adopted and would become effective on publication. The letter dated June 11, 1962, from the Mayor, submitted pursuant to resolution #363-62, regarding deposits from subdividers for traffic control signs, was received and placed on file for the information of the Council. By Councilman Dooley, seconded by Councilman McCann, it was #467-62 RESOLVED that, the Mayor of the City of Livonia be requested to report to the Council on the matter of the petition of Mr. Robert L. Allison regarding plaques on the new Civic Center Buildings, which has heretofore been referred to the Mayor in resolution #429-62, and that this resolution constitutes the second request on the part of this Council for such report. Page 5499 A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Parks, Dooley, McNamara, McCann and Bagnall. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was resolved that #468-62 WHERkS, pursuant to the direction of the City Council, the City Assessor of the City of Livonia has prepared and reported to the Council under date of June 14, 1962, an assessment roll dated June 14, 1962, cover- ing construction of paving on West Chicago between Merriman and Hubbard Roads in Section 3L of the City of Livonia, containing the special assess- ment assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction of the proposed im- provements in said district and as designated in resolution #420-62 here- tofore adopted by the Council; THEREFORE, BE IT RESOLVED that, the said roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination and that the City Clerk be and hereby is directed to give notice pursuant to the provisions of Ordinance No. 31 of the City, as amended, that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road, at 8:00 p. m., on Monday, July 16, 1962, to review the said special assessment roll, at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED that, the City Clerk give notice of said hearing to be published once in the official newspaper of the City of Livonia, which is published and circulated in said City, at least ten (10) days prior to the date of July 16, 1962, ard that the City Clerk also give notice of said hearing by sending written notice thereof to each property owner subject to special assessment by reason of said improvement; the addresses of said property owners to be taken from the last assessment roll in the City Assessor's office. By Councilman Daugherty, seconded by Councilman Kleinert, it was #469-62 RESOLVED that, having considered the report and recommendation dated June 8, 1962, from the Superintendent of Operations Division, ap- proved by the Mayor and Director of Public Works, the Council does hereby accept the bid of Bill's Road Oiling Service, 18220 Cherrylawn, Detroit 21, Michigan, for spreading oil on City streets, at 8 cents per gallon, such having been the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Parks, Kleinert, Dooley, McNamara, McCann and Bagnall. NAYS: None. Page 5500 By Councilman Parks, seconded by Councilman McNamara, it w as #470-62 RESOLVED that, pursuant to the report and recommendation dated June 6, 1962, from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby amend Item No. 3 of its resolution #16-62, adopted on January 8, 1962, so as to reduce the bond for remaining improvements in Bretton Gardens Subdivision No.2 to $6,500.00 of which at least $2,000.00 shall be in cash, to cover the cost of remaining improvements in said subdivision; and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Parks, Kleinert, Dooley, McNamara, McCann and Bagnall. NAYS: None. Councilman Kleinert introduced the following Ordinance: AN ORDINANCE PROVIDINJ FOR THE REGULATION AND LICENSING OF AMBULANCES OPERATING WITHIN THE CITY OF LIVONIA. THE CITY OF LIVONIA OH)AINS: Section 1. Title. This ordinance shall be known and cited as the "Ambulance Service Licensing Ordinance." Section 2. Definitions. The following terms shall be defined to mean: (a) "Ambulance" shall mean any vehicle designed or used for the emergency transportation of injured or sick persons. (b) "City" shall mean the City of Livonia. (c) "Operate" shall mean the driving of an ambulance over or upon any of the streets of the City of Livonia for the purpose of taking on any injured or sick persons from within the said city. It shall not include (1) the driving of an ambulance upon city streets for the sole purpose of discharging an injured or sick person within the City taken on outside the City; (2) nor the driving of an ambulance upon city streets for the sole purpose of transporting only an inured or sick person through the City; and (3) nor the driving of an ambulance upon city streets for the sole purpose of returning from letting off an injured or sick person taken on outside the city. Section 3. License Required. It shall be unlawful for any person to operate or cause to be operated any ambulance upon the streets of the City of Livonia until a license has been obtained from and a fee therefor paid to the City of Livonia in the manner hereinafter provided. Page 5501 Section 4. Application for License. Applications for ambulance service licenses shall be filed with the City Clerk upon forms provided for that purpose and shall state, under oath, such facts as may be required and are applicable to the grant- ing of such license, including the following: (a) the full names, business addresses and residence addresses of all owners, proprietors, office managers and local employees of the applicant's ambulance service business; (b) the place or places, either within or without the City of Livonia, from where it is proposed that the applicant will carry on his business; (c) a detailed description of each ambulance with information concern- ing all special equipment; (d) the location of the ambulance vehicle or vehicles pending emergency duty; (e) the names and addresses and special qualifications, including first aid training and education, of ambulance drivers and other personnel associated with the operation of the ambulance service; (f) the name of the insurance company and the insurance coverage; and (g) information regarding operations including type of telephone or radio equipment, and service and inspection procedures. Section 5. Investigation of Applicant. The City Clerk shall forward such application =Director of Public Safety for his review and approval or disapproval. The Director of Public Safety, or his authorized representative, shall be required to review and investigate every application and applicant for an ambulance service license to determine whether or not there has been full compliance with the ordinances of the City of Livonia including this ordinance and the rules and regulations hereinafter authorized to be adopted by the Director of Public Safety. Upon completion of such review, the Director of Public Safety shall either approve or disapprove of the application and shall, in writing, recommend whether or not such a license shall be issued. In the event of disapproval, the Director of Public Safety shall state his reasons for not recommending the issuance of a license. Section 6. License - Issuance and Renewal. The City Clerk shall issue an ambulance service license upon payment of a fee of $10.00 per ambulance, and upon receipt of an approval and affirmative recommendation from the Director of Public Safety as hereinbefore provided. The ambulance service license shall expire one (i) year fromthe date of issuance. Upon request for renewal of an ambulance service license, the Director of Public Safety shall review such request for renewal to the sane extent that the original application was reviewed, and shall thereupon either approve or disapprove of the application for renewal and shall, in writing, recommend whether or not suchlicense should be renewed. Section 7. Rules and Regulations. The Director of Public Safety is hereby authorized to adopt rules and regulations establishing the minimum standards which must be satisfied by applicants for ambulance service licenses. The rules and regulations shall become effective on approval of same by resolution of the City Council and shall establish minimum standards for the operation of ambulances in the following respects: Page 5502 (a) condition of ambulances and equipment; (b) training and qualifications of personnel; and (c) inspection procedures. Section 8. Insurance Requirements. The applicant shall not be issued an ambulance service license until he submits satisfactory evidence that he has obtained the following insurance requirements: (a) Workmen's Compensation Insurance to the limits required by law. (b) Comprehensive General Liability Policy providing public liability coverage in an amount of not less than $100,000.00 for injury or death to any one party and $300,000.00 for any one accident or event, and Property Damage Insurance in an amount of not less than $25,000.00. The Comprehensive General Liability Policy shall be endorsed to provide Contractual Liability Coverage and Professional Malpractice Coverage, and both the policy and the endorsement shall name the City of Livonia as an additional insured. (c) Motor Vehicle Liability Bodily Injury and Property Damage Insurance in an amount of not lass than $100,000 per injury including accidental death to each person, and in an amount of not less than $300,000 for each accident or event, and Motor Vehicle Property Damage Insurance in an amount of not less than $25,000 for each accident, naming the City of Livonia as an additional insured, and endorsed to provide coverage for hired and non-owned motor vehicles. Satisfactory evidence, as provided, shall consist of duplicate certified copies of the policies listed above; such policies shall provide that a 20-day notice shall be given to the applicant and to the City of Livonia prior to any cancellation or change in such insurance, and all such insurance shall be written by and issued by the same company. Section 9. Revocation of License. The Director of Public Safety shall have the right to suspend any license and recommend the revocation of any license to the City Council for good and sufficient cause including: (a) the individual misrepresentation of any fact required by either the Director of Public Safety or the City Clerk; or (b) the withholding of any pertinent information required or requested by the Director of Public Safety; or (c) the failure to comply with any of the ordinances of the City of Livonia or the rules and regulations of the Director of Public Safety. Upon recommendation of the Director of Public Safety, the Council shall have the authority to revoke any ambulance service license after providing the licensee with a fair opportunity to be heard in his defense. Page 5503 Section 10. Penalty. Any person or persons violating any of the provisions of this ordinance shall, upon conviction, be subject to a fine not to exceed Five Hundred Dollars ($500.00) and/or imprisonment for a period of not to exceed ninety (90) days or both such fine and imprisonment in the discretion of the Court. Section 11. Repeal. Ordinance No. 322 is hereby repealed as of the date this ordinance becomes effective, and all ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 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. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. The report of the Municipal Court for the month of May, 1962, was received and placed on file. By Councilman Daugherty, seconded by Councilman Parks and unanimously adopted, it was #171-62 RESOLVED that, having considered the letter from the Michigan Liquor Control Commission, dated April 5, 1962, and the report and recom- mendation of the Director of Public Safety, dated June 8, 1962, in con- nection therewith, the Council does hereby approve of the request from James T. Gabriel and George Richmond for transfer of ownership of 1961 Class C License located at 28121 Plymouth Road, Livonia, Michigan, from John E. and Vincent S. Veltman; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission as soon as possible. By CouncilmanMc Namara, seconded by Councilman Kleinert and unanimously adopted, it was #172-62 RESOLVED that, the Council does hereby acknowledge receipt of (1) City Planning Commission resolution #5-93-62, amending the Master Thoroughfare Plan so as to reduce the proposed width of a portion of Myrna Avenue in Section 15, and designating a new south line of the 60 foot re- located right-of-way for Myrna Avenue; (2) City Planning Commission resolu- tion #4-61.E-62, amending the Master Fire Station Plan so as to delete a certain fire station site and designating another certain parcel for future public purposes; and (3) City Planning Commission resolution #5-92-62, amending the Master School and Park Plan so as to delete therefrom the property designated as a 40-acre park site in the West 1/2 of Section 15. Councilman McNamara introduced the following Ordinance: Page 5504 AN ORDINANCE AMENDING SECTION 12 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE,ORDINANCE NO. 60,AS AMENDED,OF THE CITY OF LIVONIA,BY ADDING THERETO SECTION 3.327. THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission dated April 25, 1962, on Petition No. Z-544 having been considered by the Council, the Council hereby adopts said petition to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings heretofore conducted on said petition are hereby approved. Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia is hereby amended by adding thereto the following section: Section 3.327. Petition No. Z-544 initiated by the City Planning Commission, pursuant to Council resolution #64-62, is hereby granted and the zoning classification of the premises hereinafter described is hereby changed from RUFB to C-2 as requested in said petition: The north 150 feet of the following described land: The Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 12, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the south 30 feet thereof; and the Northwest 1/4 of Section 12 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 87 of the Zoning Map of the City of Livonia," showing all of the amendments and changes made in the fore- going Section 2 of this ordinance is hereby approved, established and made a part hereof. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 5. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman McCann introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO.60, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING THERETO SECTION 3.328. Page 5505 THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission dated April 2L , 1962, on Petition No. Z-5L9, having been considered by the Council, the Council hereby adopts said petition to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings heretofore conducted on said petition are hereby approved. Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 600 as amended, of the City of Livonia is hereby amended by adding thereto the following section: Section 3.328. Petition No. Z-519 submitted by Donald C. Deremo for Otonas Vaitas, M.D., is hereby granted and the zoning classification of the premises hereinafter des cribed is hereby changed from RUFB to PS as requested in said petition: The Easterly 313.5 feet of Lots 132, 133 and 13!. of Supervisor's Livonia Plat No. 2, part of the South 5/8 of the Northeast 1/4 and the East 1/2 of the North 3/8 of the Northeast 1/4 of Section 33, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; and the Northeast 1/4. of Section 33 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 88 of the Zoning Map of the City of Livonia," showing all of the amendments and changes made in the fore- going Section 2 of this ordinance is hereby approved, established and made a part hereof. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary togive this ordinance full force and effect. Section 5. Should any portion of this ordinance be held invalid for any reason, such holding shall not be cons trued as affecting the validity of any of the remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Daugherty intro duce d the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission dated Mardi-777T, on Petition No. V-6L., for vacating a portion of a certain alley, is hereby accepted and adopted, and the Council does hereby approve all proceedings on said petition, it appearing that a public hearing thereon was duly held on Febru- ary 20, 1962, as provided by law and that the proper notices of such hearing were given. Page 5506 Section 2. Pursuant to Ordinance No. 29 of the City of Livonia entitled, "An Ordinance Providing the Procedure for Vacating of Streets, Alleys and Public Ground," as amended by Ordinance No. 50, the following portion of a certain alley is hereby vacated: The alley described in Petition No. V-61L and being more particularly described as that portion of the alley twenty (20) feet in width running between Inkster Road and Rensellor Avenue and located at the rear of Lots 31 to 143, inclusive, Assessor's Plat, Argonne State Subdivision, a subdivision of part of the Northeast 1/4 of Section 1, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, recorded in Liber 64, Page 40 of Plats, Wayne County Records; provided, however, that there be and hereby is reserved an easement for public utilities across the southerly twelve (12) feet of the alley herein vacated. Section 3. 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 4. Should any portion of this ordinance be held invalid for any reasons such holding shall not be construed as affecting the validity of the re- maining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman McNamara introduced the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND : LBLIC GROUND THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission, dated March 2, 1962, on Petition No. V-65, for vacating a portion of a certain ease- ment and a certain street, is hereby accepted and adopted, and the Council does hereby approve all proceedings on said petition, it appearing that a public hearing thereon was duly held on February 20, 1962, as provided by law and that the proper notices of such hearing were given. Section 2. Pursuant to Ordinance No. 29 of the City of Livonia entitled, "An Ordinance Providing the Procedure for Vacating of Streets, Alleys and Public Ground," as amended by Ordinance No. 50, the following portion of an easement and the following street are hereby vacated: The easement and street described in Petition No. V-65 and being more particularly described as that portion of the north-south easement ten (10) feet in width located at the rear of Lots 93 to 102, inclusive, of Argonne Annex Subdivision, Page 55 07 and the 30 foot wide stre.:t known as Hamlin Court running east-west between Deering Avenue and St. Francis Avenue and adjacent to Lots 97 and 98 of said Argonne Annex Subdivision, being a subdivision of a part of the Northeast 1/4 of Section 1, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan. Section 3. 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 4. Should any portion of this ordinance be held invalid for any reasoh, such holding shall not be construed as affecting the validity of the re- maining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman McCann, seconded by Councilman Kleinert, it was #473-62 RESOLVED that, pursuant to the report and recommendation dated Jun ]4, 1962, from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby amend Item No. 3 of resolution #791-61, adopted on November 13, 1961, so as to reduce the bond for remaining improvements in Madonna Estates Subdivision to $173,000.00, of which at least $10,000.00 shall be in cash, to cover the cost of re- maining improvements in said subdivision; and the financial assurances on deposit with the City, if any, shall be reduced accordingly; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Parks, Kleinert, Dooley, McNamara, McCann and Bagnall. NAYS: None. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #47L-62 RESOLVED that, regular meetings of the Council of the City of Livonia, for the month of July, be held on July 11, 18 and 25, 1962, at 8:00 o'clock p. m. On motion of Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, this 368th regular meeting of the Council of the City of Livonia was duly adjourned at 9:05 P. M., June 20, 1962. . 7, Mar* - W. Clark, City Clerk