HomeMy WebLinkAboutCOUNCIL MINUTES 1963-02-27 Page 5888
MINUTES OF THE THREE HUNDRED NINETY-EIGHTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On February 27, 1963, the above meeting 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 8:22 P. M. Councilman Kleinert delivered the invocation.
Roll was called with the following result: Present-- Sydney B. Bagnall, William E.
Parks, Rudolf R. Kleinert, John F. Dooley, Edward H. McNamara and James R. McCann.
Absent-- John T. Daugherty.
Elected and appointed City officials also present: Juanita Hillas, Deputy
City Clerk; the Director of Public Works; the Director of Public Safety; the Budget
Director; the Chief Accountant; the City Planner, the first Assistant City Attorney;
the City Attorney; and the Chief City Engineer.
By Councilman Parks, seconded by Councilman McCann and unanimously
adopted, it was
#118-63 RESOLVED that, the minutes of the 397th regular meeting of the
Council of the City of Livonia held on February 20, 1963, and the 76th
special meeting held on February 25, 1963, are hereby approved.
The Deputy City Clerk informed the Council of a veto message dated Febru-
ary 27,1963, from the Mayor, on Ordinance No. 1119.
Councilman McNamara reintroduced Ordinance No. 1119, entitled "An Ordinance
Amending Section 14 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 3.341," for readoption.
A roll call vote was conducted on the readoption of Ordinance No. 419, with the
following result:
AYES: Parks, Kleinert, Dooley, McNamara, McCann and Bagnall.
NAYS: None.
The President declared the Ordinance readopted and the Mayor 's veto over-ruled.
Page 5889
The report dated February 27, 1963, from the Mayor, regarding resolution
#106-63, adopted February 20, 1963, on the purchase of a parksite in Schanhite's
Marquette Manor Subdivision in Section 25, was received and placed on file.
By Councilman Dooley, seconded by Councilman McNamara and unanimously
adopted, it was
#119-63 RESOLVED that, the City Attorney be and is hereby instructed
to negotiate with the owners of lots )4j7, 448 and 453 of Schanhite's
Marquette Manor Subdivision for the purchase of these lots to be used
in conjunction with the lots referred to in resolution #106-63, as p.rk-
site land in the City of Livonia, and further, that the City Attorney
report to the Council at the earliest possible date on the results of
his negotiations for the acquisition of these three lots.
The following preamble and resolution were offered by Councilman Kleinert
and supported by Councilman McCann:
#120-63 WHEREAS, February 27, 1963, at 7:30 o'clock p. m., Eastern
Standard Time, has been set as the date and time for opening bids for
the purchase of $57,000.00 - 1962 Street Improvement Special Assessment
Bonds (Districts Nos. 13, 14 and 15) of the City of Livonia, County of
Wayne, Michigan;
AND WHEREAS, said bids have been publicly opened and read;
AND WHEREAS, the following bids have been received:
Bidder Maturity Interest Rate Premium
Braun, Bosworth & Co. 1972 2.9591 % 53.90
Stranahan, Harris & Co. 1972 3.0931 % 1.00
Goodbody & Co. 1972 3.12454 % .39
AND WHEREAS, the bid of Braun,Bosworth & Co., rias been determined
to produce the lowest interest cost to the City;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The bid of Braun, Bosworth & Co., as above stated, be
and the same is hereby accepted.
2. Checks of the unsuccessful bidders be returned to
each bidder's representative or by registered mail.
3. All resolutions and parts of resolutions insofar as
they conflict with the provisions of this resolution be And the same
hereby are rescinded.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara, McCann and Bagnall.
NAYS: None.
Page 5890
The following preamble and resolution were offered by Councilman Dooley
and supported by Councilman McCann:
#121-63 WHEREAS, February 27, 1963, at 7:30 o'clock p. m., Eastern
Standard Time, has been set as the date and time for opening bids for
the purchase of $555,000.00 - 1963 Motor Vehicle Highway Fund Bonds of
the City of Livonia, County of Wayne, Michigan;
AND WHEREAS, said bids have been publicly opened and read;
AND `'SAS, the following bids have been received:
Bidder Maturity Interest Rate Premium
Merrill Lynch, Pierce, Fenner
and Smith 1977 2.891041 % none
Braun, Bosworth & Co. 1977 2.97602 % 33.30
Blyth & Co. 1977 3.0534 % 8.88
Goodbody & Co. 1977 3.09191 % 15.21
Stranahan, Harris & Co. 1977 3.11597 5; 455.10
AND WHEREAS, the bid of Merrill Lynch, Pierce, Fenner and Smith
has been determined to produce the lowest interest cost to the City;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The bid of Merrill Lynch, Pierce, Fenner and Smith as
above stated, be and the same is hereby accepted.
2. Checks of the unsuccessful bidders be returned to
each bidder's representative or by registered mail.
3. All resolutibns and parts of resolutions insofar as
they conflict with the provisions of this resolution be and the same
hereby are rescinded.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara, McCann and Bagnall.
NAYS: None.
Councilman McNamara was excused at 8:36 P. M.
By Councilman Kleinert, seconded by Councilman Dooley, it was
RESOLVED that, having considered the communication dated Febru-
ary 20, 1963, from the Mayor, the Council does hereby approve of and
authorize the filing of the complaint on behalf of the City of Livonia with
the Michigan Public Service Commission; such complaint to be in the form
attached to the aforesaid letter from the Mayor, and the Mayor is hereby
authorized to affix his signature to such Complaint for and on behalf of
the City of Livonia and to do all other things necessary and incidental to
the full performance of this resolution.
Page 5891
The President relinquished the Chair to Councilman McCann at 8:39 P. M., to speak
on the motion.
By Councilman Bagnall, seconded by Councilman Parks and unanimously
adopted, it was
#122-63 RESOLVED that, consideration of the letter dated February 20, 1963,
from the Mayor, regarding telephone service complaints, be tabled to the
next regular meeting of the Council.
The President resumed the chair at 8:42 P. M.
The report dated January 30, 1963, from the City Planner regarding Urban
Renewal Activities, was removed from the agenda to the next regular meeting of the
Council.
Councilman McNamara returned at 8:44 P. M.
By Councilman McNamara, seconded by Councilman Kleinert, it was
#123-63 RESOLVED that, having considered the recommendation dated
January 4, 1963, from the Superintendent of Operations Division, approved
by the Director of Public Works, the Council does hereby transfer the sum
of $1,500.00 from the Unallocated Surplus Account to the DPW Garage Account
(#360-1) for the purpose of covering those improvements to the existing
DPW Service Garage, listed in the aforesaid letter.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara, McCann and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Parks and unanimously
adopted, it was
#124-63 RESOLVED that,having considered the report dated February 13,1963,
from the Director of Civil Defense, submitted pursuant to resolution
#929-62, the Council does hereby request that the City Clerk forward a
copy of such report to Mrs. William K. Fitzpatrick, 32519 Washington,
Livonia, Michigan; such report having been prepared in response to her
inquiry as to the adequacy of present Civil Defense Warning facilities.
By Councilman Dooley, seconded by Councilman Parks and unanimously
adopted, it was
#125-63 RESOLVED that
WHEREAS, pursuant to the direction of the City Council in its
resolution #49-63, adopted on January 23, 1963, and in accordance with
Page 5892
Section 3.06 of Ordinance No. )101, as amended, the City Assessor of the
City of Livonia has prepared, reported and certified to the Council, under
date of February 11, 1963, an assessment roll covering the construction of
concrete pavement, curbs and gutter on Cavell Avenue from Plymouth Road to
West Chicago Road in the N. E. quarter of Section 36, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan, the special assessments which
would be assessed and levied respectively in the proposed special assess-
ment district heretofore established for the construction of the proposed
improvement in said district as designated in the said resolution #49-63;
THEREFORE, BE IT RESOLVED that, the said roll is hereby accepted
by the City Council; that it is hereby ordered to be filed in the office
of the City Clerk for public examination; that the City Clerk be and hereby
is directed to give the notice required by the provisions of Section 3.08
of Ordinance No. 401 of the City, as amended, to wit: 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 8:30 p. m., on
Monday, March 18, 1963, 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 be and hereby is
directed to publish a notice of said public hearing at least once in the
Livonian Observer, the official newspaper of the City of Livonia, which is
published and circulated generally in and throughout the said City at
least ten (10) days prior to the aforesaid date of March 18, 1963; the
City Clerk is also directed to give notice of said hearing by sending
written notice thereof by first class mail to each and every property
owner in the proposed assessment district as their respective names and
addresses appear on the most current assessment roll in the City Assessor's
office, and in all other respects in accordance with the provisions of said
Section 3.08.
An Ordinance Amending Section 11 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 3.342, introduced on February 20,
1963, by Councilman Kleinert, was taken from the table and a roll call vote con-
ducted thereon with the following result:
AYES: 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 28 of the Zonin g Map of the City of Livonia,
and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of
Page 5893
the City of Livonia, by Adding Thereto Section 3.313, introduced on February 20,
1963, by Councilman Kleinert, was taken from the table and a roll call vote con-
ducted thereon with the following result:
AYES: 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 7 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 3.44 4, introduced on February 20,
1963, by Councilman Kleinert, was taken from the table and a roll call vote con-
ducted thereon with the following result:
AYES: Parks, Kleinert, Dooley, McNamara and Bagnall.
NAYS: McCann.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
By Councilman McCann, seconded by Councilman McNamara, it was
#126-63 RESOLVED that, the roll call vote on the Drive-In Theater
Licensing Ordinance, introduced on February 20, 1963, be tabled to the
next regular meeting of the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Dooley, McNamara, McCann and Bagnall.
NAYS: Kleinert.
The President declared the resolution adopted.
Councilman Kleinert introduced the following Ordinance:
AN ORDINANCE TO REQUIRE A LICENSE FOR THE OPERATION OF DRIVE-IN
THEATERS IN TIE CITY OF LIVONIA.; TO ESTABLISH STANDARDS TO GOVERN
THE ISSUANCE OF SUCH LICENSES; TO ESTABLISH THE MINIMUM REQUIRE-
MENTS GOVERNING THEIR OPERATION; TO PROVIDE FOR THE ADMINISTRATION
AND ENFORCEMENT OF THIS ORDINANCE; TO PROVIDE A PENALTY FOR THE
VIOLATION OF THE TERMS HEREOF; AND TO PROVIDE FOR THE REPEAL OF
PRIOR ORDINANCES AND WETS OF ORDINANCES.
Page 589!4
THE CITY OF LIVONIA ORDAINS:
Section 1. Title. This ordinance may be known and cited at the "Drive,‘In
Theater Licensing Ordinance."
section 2. Purpose. The City Council does hereby determine that the nature
of a drive-in theater is such (a) that traffic hazards and health hazards are likely to
result from the great number of motor vehicles that are attracted to, discharged from
and operated on and in the vicinity of such a business and its premises particularly
so since such a business operates only during the after-dark hours; (b) that such a
business attracts unusually large numbers of unchaperoned young people during the
late evening hours; (c) that, therefore, a drive-in theater is one of those businesses,
although legitimate, which by careless planning, design, or operation can more rapidly
degenerate into a public nuisance and hazard to the health, safety, morals, general
welfare and best interests of the City. Having so determined that the problems
inherent in the operation of a drive-in theater are sufficiently different from
those of commercial establishments generally to admit of special standards and a
licensing requirement, it is therefore the stated purpose of this ordinance to
establish such standards to govern both the issuance of drive-in theater licenses
and thereafter the operation of such businesses.
Section 3. Definitions. The terms hereinafter referred to in this ordinance
shall, respectively, have the following meanings:
(a) "Drive-In Theater" - shall mean an open-air theater constructed
and operated in an established location, without cover or roof, dis-
playing and showing moving pictures for the general public Who view
the screen or stage while seated in automobiles or other vehicles.
The term as used in this ordinance shall mean and include the entire
premises upon which such theater is constructed including parking
areas and all other facilities accessory to such business but excluding
driveways and marquees. The term shall not mean nor include a moving
picture theater established in an enclosed building where seats are
provided for the patrons thereof.
(b) "City" - shall mean the City of Livonia.
(c) "clerk" - shall mean the City Clerk of the City of Livonia.
Section Lt. License Required. It shall be unlawful for any person, firm,
corporation, partnership or association to operate a drive-in theater in the City
without first having obtained a license therefor in accordance with the provisions
of this ordinance.
Section 5. License Application. Application for a license shall be mads
to the City Clerk, on forms provided for that purpose. Such application shall be
made in the name or names of the person, firm, corporation, partnership or association
proposing to operate the drive-in theater to be licensed. It shall also show the
name, residence and business address of each owner or part owner of the drive-in
theater sought to be licensed, including the name, address and legal signature of
the owners of the property on which the drive-in theater is sought to be located
and operated. If either t he applicant or property owner is a corporation, firm or
partnership, the a77 ocation shall also state the names and addresses of all share-
holders, officers, partners, directors and resident agent, together with the
Page 5895
respective occupation of each. The application shall also either contain or be ac-
companied by the following information, plans and documents:
(a) A legal and common description of the property to be used for
drive-in theater purposes.
(b) The name and residence address of the manager or person in charge
of such theater.
(c) The number of acres to be included within the site of the theater
and the number of cars which the theater is designed to accommodate.
(d) The existing zoning classification of the premises.
(e) A fully dimensioned area plan showing the zoning classification,
and use of all property and buildings within an area of one-half
mile of the property on which the theater is to be located as
measured from the property lines, and showing also all streets
and highways within such distance.
(f) A site plan showing the proposed layout, design and dimensions
of the proposed theater, includin , driveways, exits , box offices,
signs, protective fencing, screen location, concession stands,
children's play areas, other fencing, protective planting, the
location, size and adequacy of sewer and water facilities, etc.
(g) A written statement from either the Mayor, Supervisor or Police Chief
in at least one other community, if any, where the applicant has
operated a drive-in theater, attesting to the manner of its opera-
tion and listing problems, if any, resulting therefrom.
(h) Evidence of compliance with all of the standards and requirements
provided herein for the operation of drive-in theaters in the City.
Section 6, Reports Required. The application for such a license shall be
forwarded, respectively, by the City Clerk to the Police Department, Fire Department,
Health Department, Bureau of Inspection and City Planning Commission.
(a) The Police Department. The Police Department shall investigate the
reputation of the applicant and all disclosed owners, shareholders,
partners, agents and managers, especially with reference to their
record of possible law and ordinance violation and convinction
records. This investigation shall include at least a fingerprint
check with the Detroit Police Department, Michigan State Police aid
Federal Bureau of Investigation. The traffic division of the depart-
ment
epart-
ment shall also inspect, investigate aid study the proposed site and
the proposed design of the theater and prepare its report indicating
all places and points where traffic congestion or traffic hazards
appear likely to result from the proposed operation. If there appear
to be none - that fact should be reported. The report shall include
a recent traffic count taken during peak hours at all points of in-
gress and egress to the theater. The report shall be filed with the
City Clerk immediately upon approval and certification by the Police
Chief.
Page 5896
(b) The Fire Department. The Fire Department shall review the submitted
site plan, inspect the site and report any proposals that appear
susceptible of resulting in fire safety hazards including inadequate
ingress or egress for fire fighting equipment or an inadequate water
supply system. The report shall be filed with the City Clerk immediately
upon approval and certification by the Fire Chief.
(c) Health Department. The Health Department shall investigate the pro-
posed site and file a written report thereon. The report shall be
filed with the City Clerk upon approval and certification by the
health officer of the City.
(d) Bureau of Inspection. The Bureau of Inspection shall study the area
plan, and site plan and determine whether or not the same are in
compliance with all applicable ordinances of the City of Livonia
pertaining thereto. Its report shall be filed with the City Clerk
after approval and certification by the Chief Inspector.
(e) City Planning Commission. The City Planning Commission shall, after
holding a public hearing, determine whether or n of such use is con-
trary to the spirit and purpose of the zoning Ordinance considering
those standards set out in Section 17.05 of the Zoning Ordinance No.60,
as amended, and included within the statement of purpose contained in
Section 1.02 of the Zoning Ordinance. This recommendation shall be
in addition to any other action required to be taken by the Commission
under the terms of the Zoning Ordinance, and shall be filed with the
City Clerk after approval and certification by the Chairman of the
Commission.
Section 7. Forwarding to City Council. When all the departments have each
filed their respective reports with the City Clerk, he shall forward the same, to-
gether with the application and all other accompanying materials in support thereof,
to the City Council. No license to operate a drive-in theater shall be issued unless
first approved and authorized by the City Council.
Section 8. Standards for Licensing. No drive-in theater license shall be
issued nor approved by the City Co ulcil unless the applicant sufficiently establishes
that the proposed use can and will comply with the following standards:
(a) That the parcel upon which the drive-in theater and accessory
facilities are to be located shall be at least twenty (20) acres
in size with separate access from at least two (2) public streets;
(b) That there shall be at least one exit and entrance on each of at
least two (2) public streets;
(c) That driveways shall be channelized, separated for ingress and
egress purposes, by a median strip at least twenty (20) feet in
width, and limited to not less than four (4) lanes each, each lane
to be at least ten (10) feet in width;
(d) That driveways designed for ingress and egress to the drive-in
theater shall each be at least forty (40) feet in width and
five hundred (500) feet in length;
Page 5897
(e) That the screen for such drive-in theater shall not be placed closer
than five hundred (500) feet from any public street right-of-way,
shall be so constructed that the picture will not face any public
street within five hundred (500) feet, and shall be so located as
to be hidden from the view of residents and traffic as much as is
possible;
(f) That there are no residential uses or residential zoning within a
One thousand (1000) foot radius of the drive-in theater and its
premises in which case the City Council shall not approve nor shall
the City Clerk issue a license for the operation of such drive-in
theater except that such prohibition may be waived by the written
consent or waiver of seventy-five (75) per cent of the residential
property owners within such area. For such purpcses the waivers or
consents shall (1) be obtained and certified as to sufficiency by
the applicar#; (2) contain a clear legal description of the properties
and the name and signature of the legal or equitable owners thereof
from which the waiver or recommendation has been obtained; (3) be
addressed to the City Council; and (L ) be made a part of the ap-
plication before the same is forwarded to the City Council for action.
The aforesaid prohibition and provision for waiver and other standards
shall apply equally to a?plications for renewal licenses in those
cases where the proposed drive-in theater has not been constructed
or is not under construction on the date when the original license
or the last renewal thereof has expired.
Section 9. Action by City Council. The City Council shall, upon receipt
of the application and material in support thereof and the reports from the depart-
ments, meet and determine to either tentatively approve or to disapprove of the
issuance of the license. In so determining, the Council shall consider and be
guided by the following:
(a) The sufficiency of the application and material in support thereof;
(b) The reports of the departments;
(c) The zoning classification of the property;
(d) Compliance with the terms, conditions, standards and provisions of
this ordinance;
(e) Compliance with the provisions and requirements of all other
ordinances of the City pertaining thereto; and
(f) Whether or not the proposed use, considering its overall design,
location and size in relation to pedestrian and vehicular traffic
and the assembly of persons and motor vehicles in connection with
it, will be hazardous to the neighborhood, incongruous therewith,
or conflict with normal traffic of the neighborhood, to the extent
that it appears likely that a situation inimical to the public health,
safety, morals or general welfare will exist if the license is issued.
In the event that the Council approves of such application, such approval shall be
only a tentative approval subject to the applicant submitting respectively to the
Bureau of Inspection, Fire Department, and Health Department plans showing in detail
Page 5898
the building plans and specifications for the drive-in theater, plans and specifica-
L tions for the proposed electrical system, sanitary sewer and water supply systems.
The aforesaid departments shall review such plans for compliance of all ordinances
of the City and shall thereafter submit their respective reports and recommendations
to the City Council. If such reports indicate that the aforesaid plans are in com-
pliance with the rules, regulations, and ordinances of the City, then and in such
event only, the Council shall approve of the license application.
Section 10. Approval to be Deemed Conditional Pending Construction.
When the drive-in theater proposed to be licensed is not constructed, or is
not in operation at the time of Council action, an approval of such a license shall in
each case be deemed to be and shall be conditioned upon the final construction of the
theater and development of the premises in compliance with the requirements of this
ordinance and the condition, if any, which may be annexed to the Council's approval
of the said license.
Section 11. Issuance of License. Upon approval, ccnditional or otherwise,
of a license, the City Clerk shall issue the same to and in the name of the applicant
but only if requested within thirty (30) days after the effective date of the Council's
approval. If not so requested in writing, the approval of the Council shall be deemed
and shall be of no further effect whatsoever. The failure to so request a license
within the said thirty (30) day period shall constitute an abandonment and notice thereof
to the City of the proposed business by the applicant.
Section 72. Expiration of License. All licenses granted under the terms
of this ordinance shall expire at midnight of April 31 of each year regardless of the
date of issuance. All such licenses shall be displayed in a conspicuous place at or
near the entrance to the drive-in theater for which it has been issued. Each license
shall cover but one (1) drive-in theater and shall not be assignable or transferable
to either another person or another location.
Section 13. Renewal of License; Annual. Except as hereinbefore otherwise
provided a license issued hereunder shall be renewed annually. Application for renewal
shall be submitted at least thirty (30) days prior to expiration of existing license to
the City Clerk. The Clerk shall obtain a report from the Police Department as to com-
pliance with the ordinances of the City of Livonia and shall thereafter forward the
same to the City Council. The Council shall thereafter approve the license for renewal
unless it appears that there are violations of law or that the business, as operated,
has degenerated into a public nuisance and is inimical to the public health, safety
and general welfare of the community.
Section 14. Requirements for Operation. No Drive-In Theater shall be main-
tained or operated in violation of the following requirements and it shall be unlawful
for the owner, operator or manager of any drive-in theater or its agents, servants or
employees to violate or permit violation of any of such requirements:
(a) Loitering shall not be permitted in or about the entrance to or
exits from any drive-in theater;
(b) Quiet and good order shall be maintained upon the premises where
any drive-in theater is operated;
(c) No obscene or immorally suggestive advertising, pictures, or
writings shall be permitted on the premises of any drive-in theater,
and no picture or other form of advertising shall be permitted which
Page 5899
does not accurately describe the theatrical performance or moving picture
entertainment being advertised or which misleads or misinforms the public
as to the nature of the picture or entertainment to be exhibited;
(d) No drive-in theater licensee shall permit any show, exhibition or
entertainment to remain open to the public between the hours of 2:30 o' clock
a. m., and 6:00 o'clock a. m.;
(e) Any children under the age of fourteen (1)4) years admitted to any
drive-in theater shall be accompanied by and in direct personal charge
of his or her parent, or other responsible person;
(f) No owner, operator or employee of any drive-in theater shall maintain,
operate or carry on any lottery, game of chance, game of skill, bank night,
screeno, luck-o-grams, or any other games of stmiliar nature or engage in
any similar device or plan in connection with the operatioh of any drive-in
theater;
(g) Adequate provision shall be made for sanitary needs cf patrons consistent
with the plans filed with the license application and the laws of the State
of Michigan;
(h) The parking and driving area shall be so treaty.d to minimize the
creation of dust either by chemical treatment or hard surfacing;
(1) The operator, owner or manager of a drive-in theater shall furnish
the necessary employees for adequate policing of the drive-in theater so as
to maintain order within the theater and avoid confusion in the movement
of cars in and out thereof. The City of Livonia shall control the policing
of the cars leaving and entering the drive-in theater off the public streets
and the drive-in theater shall reimburse the City of Livonia for necessary
police action;
(j) Means of access shall be made available at all times for fire appartus,
ambulances, or other emergency vehicles. Drives shall be channelized and
limited to not less than four (Li) lanes;
(k) Exits and aisles and passageways leading to them shall be kept adequately
lighted at all times when open to the public. Artificial lights shall be
provide d whenever natural light is inadequate;
(1) Space must be provided for patrons waiting to enter drive-in theaters
so that no traffic menace is created;
(m) Fire extinguishing equipment shall be furnished in such kinds and
amounts and in such locations as may be directed by the City Fire Department
and applicable regula tions, ordinances and laws;
(n) The electrical system shall be provided consistent with the plans
filed with the license apj lication and equipment shall be isolated from
the public by proper elevation or concealed under the ground surface, and
all electrical fuses, contact points, outlets and switches shall be enclosed
and safeguarded by devices and equipment approved by the Bureau of Inspection
and the Fire Department. Cables in the ground traversed by the public shall
Page 5900
be placed in trenches or conduits or protected by approved covers. All
electric installations shall conform to the requirements of the National
Electric Code and the ordinances of the City;
(o) The operator of any drive-in theater shall provide a wall or fence of
adequate height to separate the patrons and cars in attendance in said
theater from surrounding property. The fence shall be of substantial con-
struction made of wood, metal or masonry and erected solely upon property
used for the give-in theater purposes in accordance with the requirements
specified by the City Engineer and the Bureau of Inspection but it shall not
be treated as a partition or line fence. The outside of said fence shall be
landscaped with suitable plants and shrubbery, approved of by the Parks and
Recreation Department, in order to preserve harmony with the appearance of
the surrounding property;
(p) individual loud speakers for each car shall be provided. No central
loud speaker or public address system shall be permitted to be used between
the hours of 8:00 o'clock p. m., and 9:00 o' clock a. m., except for emergency
announcements of impending danger such as fire, storm or similar dangers;
(q) That the screen for such drive-in theater be placed a minimum of five
hundred (500) feet from the ublic right-of-way and be located ao as to be
hidden from the view of residents and as much traffic as possible;
(r) Any sale of soft drinks, confections or other articles of merchandise
shall be governed by the laws and ordinance pertaining to the sale of such
merchandise and shall require the same license or licenses as if the sales
were conducted elsewhere;
(s) It shall be unlawful for any patron of such drive-in theater or for
any licensee hereunder to permit or allow any such patron to have in his
possession, or drink any alcoholic beverage or beverages on the licensed
premises.
Section 15. Suspension and Revocation, investigation; When Unlawful to
Conduct Business. No license shall be revoked except for cause upon sworn proof of
charges filed with the Clerk by any person in the sevetal departments of the City
above designated who are authorized to enforce the provisions of this ordinance or
to report in connection with the issuance of a license, specifying with reasonable
detail any facts hereinafter referred to. The following reasons or facts are hereby
declared to be sufficient grounds for suspending any license issued under the within
ordinance, to wit: facts showing that the applicant for a license made one or more
fraudulent statements or misrepresentations or concealed material information in the
application for license; facts that such licensee has violated or permitted a
violation of this ordinance which injuriously affects the public health, the public
safety, public morals, or the public welfare, or that this ordinance has been violated
in connection with operations for which the licensee was responsible and of which the
licensee was aware, or in the exercise of reasonable diligence should have been aware
that such violation had occurred, or that licensee has been convicted of any crime
which was perpetrated on or in connection with the licensed premises, or that licensee
has carried on or permitted to be carried on any unlawful or illegal act or acts on
or in connection therewith.
Upon the filing of such charges, the City Clerk shall forthwith suspend
the license involved and shall give to suchlicensee a notice of such suspension
Page 5901
together with a copy of the charges specifying the facts on which the suspension was
made. At the same time such copy of the charges is given to the licensee or his agent
in charge of the premises, an order shall be served upon such agent, signed by the
Director of the department making the charges, directing such licensee to appear before
the City Council at its next regular meeting to show cause why the license suspended
should not be permanently revoked. Upon the filing of such charges with the Clerk, the
person making such charges is hereby authorized and empowered in connection with the
suspension of a license to remove and take into his possession the license or certificate
or certificates of such licensee given to the licensee at the time the license was
issued, and to hold them until the Councilhas determined whether such license should
be revoked as herein provided.
The Council 1 is hereby empowered and authorized to investigate the charges
set forth in the notice of suspension, subpoena, swear, and examine witnesses and
receive other competent evidence in connection therewith, offered either by the person
making the charges or by the licensee, or the Council on its own motion may make such
investigation of the facts as it deems necessary. The licensee shall be entitled to
be represented by counsel. The decision of the Council shall be .final and binding as
to all questions of fact. If the Council shall find as the result of such investigation
that the licensee failed or refused to show causes or has not shown sufficient cause
why his license should not be revoked, or if the Council finds that such suspension was
for a violation of any of the provisions of requirements of this ordinance or that any
facts have been shown which constitute grounds for suspending a license under this
ordinance, the Council may order such license permanently revoked or revoked for such
period of time as the Council deems necessary, but if the Council shall find the charges
on Which the license was suspended are not sustained by the proofs, the license shall
be reinstated by the Council,
In the event of any permanent revocation, the former licensee shall be in-
eligible to receive any license under this ordinance for a period of two (2) years
thereafter.
The Clerk shall act as Clerk to the Council in connection with any proceedings
instituted in connection with the suspension or revocation of any license.
Section 16. Rules and Regulations. The Council is hereby authorized to make
such rules and regulations to carry out the powers and duties imposed upon it by the
within ordinance as it may deem necessary.
Section 17. Applications Pending. The provisions of this ordinance shall
apply to all applications previously filed under the provisions of the ordinances herein
repealed regardless of the disposition or present status of such applications and such
applicants shall be required to either file new applications pursuant to and in com-
pliance with the 1,rovisions of this ordinance or to amend such previously filed ap-
plications in conformity with the requirements of this ordinance and in either case
to comply with all provisions of this ordinance.
Section 18. Validity. Should any section, clause or provision of this
ordinance be held unconstitutional or invalid by any court, all other sections, clauses
and provisions shall be deemed effective, just as though such unconstitutional or
invalid section, clause or provision had never been inserted in this ordinance.
Section 19. Violations. The violation of any provision of this ordinance
shall be and constitute a separate offense under this ordinance for each and every day
such violation shall continue.
Page 5902
Section 20. Penalty. Any person, firm, or corporation who shall violate or
fail to comply with any of the provisions of this ordinance, or any of the regulations
adopted in pursuance hereof, or who shall hamper, impede or interfere with the perform-
ance of the duties of any official or agent of the Bureau of Inspection or other officer
under the provisions of this ordinance, shall be guilty of a misdemeanor and upon con-
viction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00)
or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment
in the discretion of the Court. Each act of violation and every daffy upon which such
violatitn shall occur shall constitute a separate offense.
Section 21. Repeal. Ordinances No. 193 and No. 203 are hereby repealed as
of the date that this ordinance takes effect and all other ordinances or parts of or-
dinances in conflict herewith are hereby repealed only to the extent necessary to give
this ordinance full force and effect. The adoption of this ordinance shall not be
deemed to nor shall it waive any right of the City of Livonia under any section or
provision of the ordinances herein repealed existing on the effective date of this
ordinance nor any right of the City under any determination or action by the City
Council or City Planning Commission made pursuant to any section or provision of the
ordinances herein repealed.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
By Councilman McNamara, seconded by Councilman Kleinert, it was
#127-63 RESOLVED that, having considered the report and recommendation
dated February 6, 1963, from the Chief City Engineer, approved by the
Director of Public Works, and it appearing, except as hereafter noted,
that all work has been completed satisfactorily and that the contractor
has deposited with the City all the necessary affidavits, waivers of lien
and guarantees, the Council does hereby approve and authorize final payment
of $4,019.87 to the Thomas E. Currie Company, 27711 Groesbeck Highway,
Roseville, Michigan, which sum represents the full and complete balance
due and owing on a contract between that company and the City of Livonia,
dated August 24, 1962, for the construction of paving on a portion of West
Chicago Road; provided, however, that such final payment shall not be made
unless and until the said contractor has first deposited with the City the
sum of 000.00 in cash to be held by the City in escrow to insure the com-
pletion of certain clean-up items by the contractor -,Then the weather permits,
the amount so deposited in escrow to be immediately returned to the con-
tractor upon a certification by the City Engineer that such items have been
satisfactorily completed; and the City Clerk and City Treasurer are
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: Parks, Kleinert, Dooley, McNamara, McCain and Bagnall.
NAYS: None.
Page 5903
The letter dated February 20, 1963, from the Wayne County Drain Commissioner
regarding Livonia Drain No. 18, and the r:;commendation of the consulting engineer
with respect to materials to be used in the construction thereof, was received and
placed on file for the information of the Council.
By Councilman Kleinert, seconded by Councilman McNamara, it was
#128-63 RESOLVED that, having considered the reports and recommendations
dated February 19, 1963, from the Superintendent of Operations Division,
approved by the Director of Public Wbrks, the Council does hereby accept
the bid of the Reading Brass Company, 37 West Carlton Road, Hillsdale,
Michigan, for supplying Type "K" Copper Tubing to the City of Livonia at
the following prices:
3/4" @ .3218 per foot
1-1/2" ® .7095 per foot
such having been, in fact, the lowest bid received for this material.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara, McCann and Bagnall.
NAYS: None.
By Councilman McNamara, seconded by Councilman Kleinert, it was
#129-63 RESOLVED that, having considered the reports and recommendations
dated February 19, 1963, from the Superintendent of Operations Division,
approved by the Director of Public Works, the Council does hereby accept
the bid of the Seco Safety Products Company, 4461W. Jefferson Avenue,
Detroit 26, Michigan, for supplying the City of Livonia the required Fire
Extinguishers for the total sum of $1,089.20, such having been, in fact,
the lowest total bid received for such items.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara, McCann and Bagnall.
NAYS: None.
By Councilman Dooley, seconded by Councilman McNamara, it was
#130-63 RESOLVED that, having considered the reports and recommendations
dated February 19, 1963, from the Superintendent of Operations Division,
approved by the Director of Public Works, the Council does hereby accept
the bid of Ellis & Ford Manufacturing Company, 2423 Goodrich Avenue, Ferndale,
20,Michigan, for supplying the City of Livonia with water service parts and
fittings required, for the total sum of $4,495.05, such having been in fact,
the lowest total bid received for such items.
Page 5904
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Parks, Kleinert, Dooley, McNamara, McCann and Bagnall.
NAYS: None.
The following preamble and resolution were offered by Councilman McNamara,
supported by Councilman McCann, and unanimously adopted:
#131-63 WHEREAS, House Bill No. 57 would permit municipalities to refund
outstanding revenue bonds and pledge as additional security the full faith
and credit of the municipality; and
WHEREAS, such a bill would therefore permit municipalities to re-
finance outstanding revenue bond obligations at substantially lower interest
rates and at a time when the previ ling bond market is most advantageous to
municipalities; and
WHEREAS, such a bill would therefore permit municipalities an
added degree of flexibility in financing extensions and additions to sewer
and water supply systems, at lower interest rates and in such a manner that
cash reserves could be used for further improvements to such systems with-
out any loss of security to the bond buyers;
NOW, THEREFORE, BE IT RESOLVED that, for the reasons stated above,
the City Council of the City of Livonia does hereby urge the final adoption
of House Bill No. 57; and the City Clerk is hereby requested to forward
copies of this resolution to the Governor, State Senator Raymond Dzendzel,
State Representative Paul Chandler, the Michigan MuniciFal League and to
the members of the Housing Committee on City Corporations.
The following preamble and resolution were offered by Councilman Dooley,
supported by Councilman McNamara and unanimously adopted:
#132-63 WHEREAS, the citizens of our community welcomed the decision of
the United States Olympic Committee which honored the bid of the City of
Detroit to represent the United States of America before the International
Olympic Committee to invite the XIX Olympiad to that City; and
WHEREAS, our citizens, in both their occupational and private
lives, endorse the selection of Detroit as America's representative, and
are desirous of demonstrating the interest, support and hospitality which
is buoyant in their spirits toward the participants and the spectators who
will be attracted to this area by this international competition; and
WHEREAS, our citizens join with the citizens of other south-
eastern Michigan communities in expressing their belief in the capabilities
and the attractiveness of this area which as.aure the successful accommoda-
tion of participants and guests, and specially express their belief in the
competence of Detroit and Michigan to provide adequate facilities for the
XIX Olympiad, once the honor of selection is granted Detroit; and
Page 5905
WHEREAS, the Detroit Olympic Committee does in fact represent
the citizens of all the Metropolitan Detroit Area;
NOW, THEREFORE, BE IT RESOLVED that, the City of Livonia and
its administrative officials and other appropriate officials are hereby
authorized to express our support of the efforts of the Detroit Olympic
Committee in presenting all assets of this area to the United States
Olympic Committee, that they may favorably act to designate the City of
Detroit as the American representative before the International Olympic
Committee; and
BE TT FURTHER RESOLVED that, the tangible expression of the
sentiments stated herein be communicated to the Detroit Olympic Committee
by means of a copy of this resolution, which that committee is urged to
use as a demonstration of the interest of this community in the selection
of Detroit as the site for the 1968 Olympic Games.
The letter dated February 15, 1963, addressed to the City Clerk, from the
United States Conference of Mayors, regarding the annual conference, was received
and placed on file.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#133-63 RESOLVED that, the communication dated February 18, 1963,from
Mrs. Geneva Lester, 30672 Elmira, Livonia, Michigan, regarding control of
cats is hereby referred to the Legislative Committee for study, report
and recommendation.
The letter and resolution dated February 6, 1963, from the City of Plymouth
regarding the abolishment of the Office of County Drain Commissioner, was received
and placed on file.
By Councilman Kleinert, seconded by Councilman Parks and unanimously
adopted, it was
#131 -63 RESOLVED that, the Department of Law is hereby requested to
compile the provisions of Retirement Ordinance No. 77, as amended, and
to thereafter submit the same to the Budget Director, who is hereby
requested to get bids for the printing of such Ordinance in pamphlet
or booklet form in sufficient numbers so that the same may be distributed
to meabers of the Retirement System.
By Councilman McCann, seconded by Councilman Dooley and unanimously
adopted, it was
Page 5906
#135-63 RESOLVED that, the Legislative Committee is hereby requested
to undertake consideration of the possibility of requiring all utilities
in new subdivisions to be installed with underground wiring; to meet, if
possible, with representatives of the utility companies in connection
with such a proposition and to thereafter submit its final report and
recommendation to the Council.
On motion of Councilman Dooley, seconded by Councilman McNamara and
unanimously adopted, this 398th regular meeting of the Council of the City of
Livonia was duly adjourned at 9:22 P. M., February 27, 1963.
�J y"
Max W. Clark, City Clerk