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HomeMy WebLinkAboutCOUNCIL MINUTES 1958-01-06 Page 3211 MINUTES OF THE T,i) HUNDRED THIRTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITx OF LIVONIA On January 6, 1958, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:15 P. M., by the Vice President of the Council. Councilman Bagnall delivered the invocation. Roll was called with the following result: Present-- Frank O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert and David L. Jones. Absent-- *Austin T. Grant, *Peter A. Ventura and *John T. Daugherty. By Councilman Kleinert, seconded by Councilman Bagnall, it was #1-58 RESOLVED that, the minutes of the 230th regular meeting of the Council of the City of Livonia held December 16, 1957, are hereby approved as submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert and O'Neill. NAYS: Jones. The Vice President declared the resolution adopted. The Clerk read a letter dated January 6, 1958 from the Mayor regarding "Suggested Land Subdivision Regulations", which was received and placed on file. The Department of Law submitted a report in regard to improper grading in Rouge Trail View Subdivision, pursuant to resolution #992-57, which was received and placed on file. By Councilman Bagnall, seconded by Councilman Kleinert and »nanimously adopted, it was #2-58 RESOLVED that, the Annual Report from the Mayor be received and placed on file and a distribution be considered at the next study meeting. By Councilman Bagnall, seconded by Councilman Kleinert, it was #3-58 RESOLVED that, the report of the Finance Committee for the month of November, 1957, is hereby approved and a summary spread on the minutes as follows: General, Administrative and Legislative: 8,33 .69 Department of Public Safety: 5,558.01 Page 3212 Department of Public Works: $22,162.97 Department of Parks and Recreation: 2,833.24 $38,888.91 Retirement $9,426.98 Insurance 5,801.43 Paving Program 11,246.62 Acquisition of Land 29.55 26,504.58 General Ledger Accounts: Dept. of Public Works Inventories 2,323.26 Surplus 13.60 Gas Tax Refund 960.78 Contract 1,238.70 Advances 503.63 5,039.97 TOTAL $70,433.46 A roll call vote was taken on the foregoixg resolution with the following result: AYES: Bagnall, Kleinert, Jones and O'Neill. NAYS: None. *Councilmen John T. Daugherty and Peter A. Ventura arrived at 8:29 P. M. By Councilman Bagnall, seconded by Councilman Kleinert, it was #4-58 RESOLVED that, in accordance with provisions of the Financial Ordinance, Ordinance No. 35, as amended, it shall be mandatory and the Council shall, when approving any contract, purchase of property, work or any other matter that will necessarily involve an expenditure of additional funds not already provided for within existing departmental budget accounts, provide in the same resolution for an appropriation sufficient to satisfy the City's financial obligation in regard to the particular matter receiv- ing approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Jones, Ventura, Daugherty, Bagnall and O'Neill. NAYS: None. By Councilman Kleinert, seconded by Councilman Daugherty, it was #5-58 RESOLVED that, in view of the general increase in taxes this year due to the use of State Equalizing Valuation, the period within which taxes due December 1, 1957, may be paid without penalty is hereby extended until 5:00 o'clock P. M., Friday, February 28, 1958. A roll call vote was taken an the foregoing resolution with the following result: AYES: Kleinert, Jones, Ventura, Daugherty, Bagnall and O'Neill. NAYS: None. Page 3213 The hour of 8:30 P. M., having arrived, the Clerk opened and read the following bids: ROAD MAINTENANCE MATERIAL 1. American Aggregates Corporation 2. Hayes Washed Sand and Gravel 3. Telischak Trucking Company Copies of the foregoing bids are on file in the office of the City Clerk. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #6-58 RESOLVED that, the foregoing bids for Road Maintenance Material are hereby referred to the Department of Public Works for report and. re- commendation. FUEL OIL 1. National Coal and Oil Company 2. Gulf Oil Corporation 3. Standard Oil Company 4. Plymouth Oil Company 5. V. R. King Co., Dearborn Copies of the foregoing bids are on file in the office of the City Clerk. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #7-58 RESOLVED that, the foregoing bids for Fuel Oil are hereby re- ferred to the Department of Public Works for report and recommendation. Councilman Bagnall was excused at 8:42 P. M. JOY ROAD SEWAGE PUMPING STATION GRAVITY OUTLET SEWER 1. S. Weissman Excavating Co. Inc. $138,810.00 2. Chris Nelsen & Son, Inc. 99,528.00 3. Leo Cappelo Construction Co.; Pacitto & Forest Const Co., Hazel Park 101,613.50 4. Northwest Contractors, Inc. 136,232.00 5. John Monte Co., Oak Park 103,306.00 6. Carlesimo & LaMarra 120,609.65 Page 3214 7. E. V. Ponti, Contractor, Allen Park $112,227.25 8. Holloway Const. Co. 98.548.50 9. United Construction Co. Inc. 103,710.70 10. Baseline Const. Co., Ypsilanti 113,056.00 11. Rocco Ferrera & Co. 103,511.10 12. Greenfield Const. Co. 109,929.80 13. Waterway Const. Co. 92,499.15 14. George Tripp, Inc., Pontiac 124,218.30 15. George A. Odien, Inc. 109,489.00 16. Mole Const. Co., River Rouge 118,111.00 17. Ray D. Baker, Inc. 122,219.00 18. Central Excavating Co., Dearborn 157,862.05 19. D'Angela & Policelli Const. Co., Warren 121,795.00 *Councilman Bagnall returned at 8:55 P. M. By Councilman Ventura, seconded by Councilman Daugherty and unanimously adopted, it was #8-58 RESOLVED that, the foregoing bids for the cors truction of the Joy Road Relief Line be referred to the Sewer Committee of the Council and the Department of Public Works for report and recommendation. By Councilman Bagnall, seconded by Councilman Kleinert and unalimously adopted, it was #9-58 RESOLVED that, the Council suspend the regular order of business to take care of the last item on the agenda under new business. Austin T. Grant arrived at 9:12 P. M., and thereupon presided over the balance of the meeting. By Councilman Ventura, seconded by Councilman Daugherty, it was resolved that #10-58 W}EREAS, it is necessary to locate, establish and construct a County Drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: Page 3215 An outlet extending southerly from Joy Road to Ann Arbor Trail located in a right-of-way approximately 200 feet west of Deering Avenue, thence 130 feet easterly in Ann Arbor Trail, thence southerly within the Middle Rouge Parkway to the Rouge River, together with a drain in Joy Road from approximately 200 feet east of Deering Avenue to approximately 100 feet west of Hartel Avenue, thence northwesterly along the existing Wilson open drain to Middlebelt Road approximately 1250 feet North of Joy Road, thence Northerly in Middlebelt Road to the Shaw Drain ap- proximately 200 feet south of the Chesapeake & Ohio Rail- road and together with a drain in Joy Road from approximately 200 feet east of Deering Avenue to Deering Avenue, thence north in Deering Avenue and Deering Avenue extended to West Chicago Road, thence east in West Chicago Road to Cardwell Avenue, thence north in Cardwell Avenue to Wads- worth Avenue, thence west to Deering .Avenue and a connection to the Livonia Drain and together with a drain in Plymouth Road extending from Cardwell Avenue to Hertel Avenue and from Hiddlebelt Road to Hubbard Avenue, and together with a drain in West Chicago Road from Middlebelt Road to Hubbard Avenue, and together with a drain in Middlebelt Road from approximately 1250 feet north of Joy Road, thence southerly to Dover Avenue thence west to Oporto Avenue, thence south to Joy Road, thence west to Perrin Avenue, and together with a drqin in Merriman Road from Plymouth Road north 11100 feet to the Shaw Drain, said drains to b e connected to the Ashcroft Drain at Orangelawn and. Deering, at the westerly line of the Chicago Heights Subdivision and at Milburn and Elmira, and saia drains to be connected to existing drains at po�ntU ci crossing or close i rcximity end where relief is required. AND WHEREAS, in the opinion of the City Council, the location, establishing and co.nstructioh of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for public health, the State of Michi- gan for drainage of State highways, and the County of Wayne for the drain- age of County highways; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 1186 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case Page 3216 any petition required to be filed hereunder shall be sufficient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on b ehalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, Act 140, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the preamble hereof, and does hereby consent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establish- ing and c ons tructirg of the drain set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Clnmissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Jones, Ventura, Daugherty, O'Neill and Grant. NAYS: Bagnall. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #11-58 RESOLVED that, since the City Council of Livonia has taken sub- sequent action to accomplish the same effect, under facilities of the County Drain Commission, resolution ##966-57, adopted by the Council at its regular meeting of December 9, 1957, is hereby rescinded in its entirety; and the City Clerk is hereby authorized and directed to notify the Sewer and Water Committee of the Wayne County Board of Supervisors of such action. A roll call vote was taken on the f oregoing resolution with the following result: AYES: Kleinert, Jones, Ventura, Daugherty, O'Neill and Grant. NAYS: Bagnall. The President declared the resolution adopted. At 9:55 P. M., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting, including Councilman Grant, and excepting C ouncilmen Bagnall, Ventura and Daugherty, who returned at a later time. Page 3217 By Councilman Kleinert, seconded by C ouncilman Jones, it was #12-58 RESOLVED that, Mr. Marvin L. Kaye, 18400 Fairfield, Detroit 21, Michigan, as proprietor, having requested the City Council to approve the proposed plat of the following Subdivision: Curtis Acres Subdivision, located on the North and South sides of Curtis Avenue West of Loveland in the West 1/2 of Section 10, City of Livonia, Wayne County, Michigan, and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under dates of March 23, 1956 and July 18, 1957; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Department of Public Works under date of January 2, 1958; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be super- vised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said proprietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: - - - - Twenty-Five Thousand Dollars - - - ($25,000.00 - - - - and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) On full compliance with the above conditions and with the provisions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Jones, O'Neill and Grant. NAYS: None. Councilmen Ventura and Daugherty returned at 10:14 P. M. By Councilman Ventura, seconded byCbuncilman O'Neill, it was iim #1,3-58 RESOLVED that, all bids heretofore received for the purchase of 2 1/2 and 1 1/2 inch fire hose are rejected and the Fire Commissioner is herein authorized to re-advertise for such items; and further that the Commissioner is directed to include in such advertisement the additional Page 3218 requirement that the lowest bidder, within ten days from acceptance, shall submit directly a fifty foot salple of the hose to b e purchased to a qualified testing laboratory and secure from such source a report or certification that such hose meets all stated specifications of the City of Livonia; and further that the cost of the above test and report shall be borne by the bidder in the event that such report or certification in- dicates a non-compliance with any of the aforementioned specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Ventura, Daugherty, O'Neill and Grant. NAYS: Kleinert. The President declared the resolution adopted. The letter from St. Paul's Ev. Lutheran Church, pursuant to resolution #265-57, was received and placed on file. By Councilman Ventura, seconded by Councilman Daugherty, it was #14-58 RESOLVED that, pursuant to authority contained in M. S. A. Section 5.3376 (1) and in accordance with a resolution adopted by the Council on March 26, 1956, the Council does hereby transfer from the Unallocated Fund to the Special Judgment Account of the Budget the sum of $500.00 to pay the judgment rendered against police officers Michael J. Vorgitch and Jerry Warner in Circuit Court Case No. 285-145. Councilman Bagnall r eturned at 10:43 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Daugherty, O'Neill, Bagnall and Grant. NAYS: Jones. The President declared the resolution adopted. City Attorney William Ponder gave a brief oral report as to the Circuit Court case of Donald Wilson vs City of Livonia, et al. By Councilman Kleinert, seconded by Councilman Bagnall, it was #15-58 RESOLVED that, having considered the request from Practical Home Builders, Inc., dated Novenber 7, 1957, the extension of Bretton Avenue i* Hearthstone Subdivision is indefinitely tabled. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Jones, Daugherty, O'Neill, Bagnall and Grant. NAYS: Ventura. The President declared the resolution adopted. Page 3219 By Councilman Bagnall, seconded by Councilman Daugherty, it was #16-58 RESOLVED that, the Civil Service Commission having submitted its recommendations as to the Council Secretary and the Committee of the Council having made its recommendation to the Council; that Mrs. Madeline Donaldson, 35859 W. Chicago, is hereby employed as Secretary to the Council and that the Civil Service Commission be instructed to so notify her. A roll call vote was taken on the foregoing resolution with the following results AYES: Ventura, Daugherty, O'Neill, Bagnall and Grant. NAYS: Kleinert and Jones. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Kleinert, it was #17-58 RESOLVED that, the following invoices from the William Wood Agency, Inc., are hereby approved for payment: 9-1-57 Building, Parks & Recreation, 3rd year installment $ 65.60 10-29-57 Dwellings, 2812$ W. Chicago and 11.277 Farmington 62.80 10-15-57 Contents, 33211 W. Seven Mile Road 10.11 11-13-57 Property Floater, DPW Equipment 133.99 11-25-57 Comprehensive Liability for the period 10-1-56 to 10-1-57, final audit 2,1138.29 6-15-57 Contents, 33211 W. Seven Mile Road 9.80 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Jones, Ventura, Daugherty, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Ventura, seconded by Councilman Bagnall, it was #18-58 RESOLVED that, pursuant to the report and recommendation of the Assistant City Engineer and Director of Public Works dated Decenber 26 1957, the Council does herein amend Item No. 3 of Council resolution #439-56 adopted at a meeting held Ju],y 2, 1956, so as to establish a bond for im- provements in Neri-Lynn Farms Subdivision in the amount of $15,000.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Jones, Ventura, Daugherty, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman O'Neill, it was #19-58 RESOLVED that, pursuant to the report and recommendation of the Assistant City Engineer and Director of Public Works dated Decenbet 26, 1957, Emo the Council does herein amend Item No. 3 of Council resolution #627-57, adopted at a meeting held Au.ust 19, 19S7, so as to establish a bond for improvements in Ann Arbor Trail Subdivision No. 2 in the amount of $124,000.00. Page 3220 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Jones, Ventura, Daugherty, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Ventura, seconded by Councilman Daugherty, it was #20-58 RESOLVED that, pursuant to the report and recommendation of the Assistant City Engineer and Director of Public Works dated December 30, 1957, the Council does herein amend Item No. 3 of Council resolution #216-57 adopted at a meeting held March 18, 1957, so as to establish a bond for improvements in Rosedale Gardens Subdivision No. 17 in the amount of $10,000. A roll call vote was taken on the foregoing resolution with the following results AYES: Kleinert, Ventura, Daugherty, O'Neill, Bagnall and Grant. NAYS: None. Councilman Jones was excused from voting because of a financial interest. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Jones, it was #21-58 RESOLVED that, Mr. Sam Lederman, Mid West Builders, 15767 Wyoming, Detroit 38, Michigan, as proprietor, having requested the City Council to approve the proposed plat of the following Subdivision: Joy Ann Subdivision No. 2, located between Ann Arbor Trail and Joy Road, approximately 1550 feet West of Wayne Road in the Southwest 1/li. of Section 32, City of Livonia, Wayne County, Michigan; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under dates of February 5 and June 20, 1957; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Department of Public Works under date of December 20, 1957; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works,within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be super- vised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said proprietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: Page 3221 - - - Forty-five Thousand Dollars - - - ($45,000.00) - - - and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) On full compliance with the above conditions and with the provisions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Jones, Ventura, Daugherty, O'Neill, Bagnall and Grant. NIS: None. By Councilman Ventura, seconded by Councilman Bagnall, it was #22-58 RESOLVED that, the reduction of bond for Livonia Gardens Sub- division No. 2 be tabled. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura,Daugherty, O'Neill, Bagnall and Grant. NAYS: Jones. The President declared the resolution adopted. By Councilman Ventura, seconded by C ouncilman Bagnall , it was #23-58 RESOLVED that, pursuant to the request of the Assistant City Engineer and Director of Public Works dated December 31, 1957, the sum of $4,160.00 is hereby transferredfrom Engineering Account 1-D (Salaries- Draftsman) to Engineering Account 1-L (Salaries-Labor) in order to provide for the employment of a permanent laborer for use on the survey crew. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Jones, Ventura, Daugherty, O'Neill, Bagnall and Grant. NAYS: None, By Councilman Ventura, seconded by(buncilman Kleinert and unanimously adopted, it was #24-58 RESOLVED that, the report and recommendatioh of the City Planning Commission dated December 16, 1957, as to Petition No. V-214 of the Elm Civic Association for vacating all of the north and south alleys between Deering and Inkster and between Plymouth and Grantland in the Southeast 1/4 of Section 25, is hereby approved and such petition is granted, subject to an easement for the full width of said alleys for public utilities aid surface drainage; and the City Attorney is instructed to prepare a vacating ordinance in conformity with this resolution. Page 3222 By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #25-58 RESOLVED that, the report and r ecom endation of the City Planning Commission dated December 16, 1957, as to Petition No. V-25 of Milton F. Goldman, et al, for the vacating of the North-South alley extending f rom: Joy Road to Dover Street and between Freemont aai Hugh Streets in the South- east 1/4 of Section 35, is hereby approved and such petition is granted, subject to an easement for t he full width of said alley for public utilities and surface drainage; and the City Attorney is instructed to prepare a vacating ordinance in conformity with this resolution. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #26-58 RESOLVED that, the report and recommendation of the CityPlanning Commission dated December 16, 1957, as to Petition No. Z-243 of Arthur B. and Eva Esper for change of zoning classification in the North 1/2 of Section 24 from RUFB to P, is hereby approved and such petition is granted; and the City Attorney is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Bagnall, seconded by Councilman Daugherty and unanimously adopted, it was #27-58 RESOLVED that, the report and recommendation of the City Planning Commission dated December 16, 1957, as to Petition No. Z-2)4 of Samuel A. Miller for change of zoning classification in the Northwest 1/4 of Section 32 from RUFB to C-2, is hereby approved and such petition is granted; and the City Attorney is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Daugherty, seconded by Councilman O'Neill and unanimously adopted, it was #28-58 RESOLVED that, the report and/ecommendation of the City Planning Commission dated December 16, 1957, as to Petition No. Z-245 of David Lewis for change of zoning classification in the Southwest 1/4 of Section 36 from RUFB to R-2, is hereby approved and such petition is granted; and the City Attorney is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #29-58 RESOLVED that, the letter of recommendation from thus Civil Service Commission dated December 16, 1957, in regard to the status of the Assistant �.. City Attorneys, is hereby referred to the Mayor for his approval or other recommendation. Page 3223 By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #30-58 RESOLVED that, the letter from the Civil Service Commission dated December 16, 1957, in regard to establishing a new classification of Detective Lieutenant, together with the letter from Civil Service Commission dated August 27, 1957, in regard to classifications within the Firelepartment, are hereby referred to the Mayor for his approval or other recommendation. By Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, it was #31-58 RESOLVED that, Petition No. V-28 submitted by Nativity Evangelical and Reformed Church to vacate a certain dedicated right-of--way, is hereby referred to the City Planning Commission for action according to law and Ordinance No. 29. The letter from the Michigan Municipal League regarding Annual Regional Meeting was received and placed on file. By Councilman Bagnall, seconded by Councilman Daugherty, it was RESOLVED that, pursuant to Section 10, Chapter IV and Sub-section (1) Section 7, Chapter V of the City Charter, the City Clerk shall henceforth include amongst her other duties the preparation of a summary of the Council proceedings at each regular and special meeting, such summary to be presented to the Council in the same manner and at the same time as the minutes of each regular and special meeting are presently submitted for approval, and upon approval of such summary, the City Clerk shall proceed to have this summary published in the official newspaper in accordance with the Charter authority cited above. The Deputy City Clerk read a letter dated January 6, 1958 from Marie W. Clark, City Clerk, regarding summary of minutes. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, O'Neill and Bagnall. NAYS: Kleinert, Jones, Ventura and Grant. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #32-58 RESOLVED that, the State Highway Commission, County Road Com- mission and kchigan State Police are herein requested to determine that Plymouth Road (M-1J4) in the City of Livonia to be within a business district and further the above bodies are herein requested to make an engineering and Page 3224 traffic investigation of the speed of vehicular traffic on Plymouth Road (1114) in the City of Livonia and, if on the basis of such survey they determine that such speed is greater than is reasonable or safe under the conditions found to exist at any intersection or place or upon any part of such highway, such officials are herein requested to determine and declare a more reasonable and safe speed limit which shall be effective at all times or at such times as may be determined necessary and to place appropriate signs giving notice thereof. By Councilman Bagnall, seconded by Councilman O'Neill and unanimously adopted, it was #33-58 RESOLVED that, the Traffic Comnission is herein requested to study and prepare a report and survey of the parking situation on Plymouth Road, between Inkster and Levan Roads, such report to include comments as to present parking difficulties, necessities and Traffic Commission re- commendations for correcting the hazardous parking condition presently existing on such road. Councilman Ventura introduced the following emergency Ordinance: NO. 193 AN ORDINANCE TO LICENSE THE OPERATION OF DRIVE-IN TBEATERS IN THE CITY OF LIVONIA; TO ESTABLISH REQUIREMENTS FOR THEIR OPERA- TION; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE; TO PROVIDE A iENALTY FOR THE VIOLATION OF THE TERNS THEREOF; AND TO PROVI1l1 FOR THE REPEAL OF PRIOR ORDINANCES AND PARTS OF ORDINANCES. THE CITY (F LIVONIA ORDAINS: Section 1. Title. The short title of the ordinance herein referred to shall be the "Drive-In Theater Licensing Ordinance." Section 2. License. It shall be unlawful for any person, firm or corpora- tion to operate a drive-in theater in the City of Livoria without first having obtained a license therefor. Section 3. Definitions. The terms hereinafter referred to in this ordinance shall have the following meaning: (a) The phrase "Drive-In Theater" shall mean an open air theater operated in an established location with or without cover or roof, displaying or showing moving pictures or giving theatrical performances for the general public who view the screen or stage while seated in automobiles or other vehicles. It shall not mean a moving picture theater established in an en- closed building where seats are provided for the patrons thereof. (b) The word "City" shall mean the City of Livonia. (c) The word "Clerk" shall mean the City Clerk of. the City of Livonia. Page 3225 Section 4. Application. Application for license shall be made to the Clerk and shall be made in the name or names of the person or persons owning or having a part interest in the drive-in theater to be licensed. It shall also show the residence addresses of all such owners. If the applicant is a corporation, the application shall state the names and residence addresses of the officers and resident agent of the corporation. Each application shall set forth the location where the applicant proposes to operate a drive-in theater or where such theater is being operated. It shall also state the name and residence address of the manager or person in charge of such theater and shall give the number of cars which said proposed theater is designed to accommodate. Section 5. Approvals Required. The application for such license to operate a drive-in theater shall be referred to the City Planning Commission, Police Department, Fire Department and Department of Health of the City for an investigation and report. (a) City Planning Commission. Notwithstanding any other provision of this ordinance, no Drive-In Theater shall be erected, or used as such unless the City Planning Commission, after holding a public hearing, certifies such proposed use as being not injurious to the surrounding neighborhood and not contrary to the spirit and purpose of the Zoning Ordinance, and provided further, that any action of the City Planning Commission shall be subject to the approval or disapproval of the City Council. (b) Police Department. The Police Department shall investigate the reputation of the applicant and its officers, especially with reference to their record of possible law and ordinance violation. (c) Department of Health. The Department of Health shall investigate as to the sanitary facilities and health conditions at the location of the proposed or existing theater and shall enforce all lawa and ordinances applicable to such business which it is authorized to enforce. (d) Fire Department. The Fire Department shall investigate the need for safety and fire prevention equipment and the existence of any possible fire hazards, and shall enforce all laws and ordinances applicable to such business which it is authorized to enforce. The various departments shall make their reports resulting from such in- vestigations, together with their recommendations and file the same with the Clerk and the City Planning Commission. No department of the City shall recommend the issuing of a license if any law or ordinance of the City is being violated by the applicant or if the applicant is permitting a nuisance to exist on the premises or any conditions to exist which endanger or are detrimental to the public health, safety, morals or welfare. The Clerk shall then submit the application with the recommendations of the various departments to the City Council at its next regular meeting for the purpose of approving or disapproving the issuance of said license. If the Council approves the issuance of said license, the Clerk shall issue a license. The Council shall consider the several recommendations of the various departments and shall have the power to approve the issuance of a license contrary to the recommendation of any department. As a condition precedent to the annual recommending of a license by the Police Department, the apjlicant, if an individual, or if a co-partnership, all of the co-partners, or if a corporation, all of the officers and the resident agent Page 3226 thereof, shall file their respective fingerprints with the Police Department of the City. Section 6. Fees, Upon the filing of the application for a license whether for the original license or a renewal, the applicant shall pay to the City Treasurer an annual fee in the amount of $500.00 for drive-in theaters up to 500 vehicles plus $100.00 for each additional 100 vehicles capacity. Section 7. Expiration of License. All licenses granted under the pro- visions of this ordinance shall expire at midnight of March 31 of each year. All such licenses shall be displayed in a conspicuous place at or near the entrance to the drive-in theater for which they are issued. Each license shall cover but one drive-in theater and shall not be transferable. Section 8. Requirements for Operation. No drive-in theater shall be main- tained or operated in violation of the following requirements and it shall be un- lawful 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 exists 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 does not accurately describe the theatrical performance or moving picture entertainment being advertised or which misleads or mis-in- forms the public as to the nature of the picture or entertainment to b e exhibited; (d) No drive-in theater licensee shall permit any show, exhibition or entertainment to remain open to the public between the hours of 3:30 o'clock a. m.and 12:00 o'clock noon daily; (e) Any children under the age of 14 years admitted to any d rive-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 similar nature or engage in any similar device or plan in connection with t he operation of any drive-in theater; (g) Adequate provision shall be made for sanitary needs of patrons as determined by the Department of Public Works and the Department of Health and all pertinent laws and ordinances; (h) The parking and driving areas shall be so treated to minimize the creation of dust either by cnemical treatment or hard surfacing; (i) The operator, owner or manager of a drive-in theater shall furnish the necessary employees for adequate policing of the drive-in theater Page 3227 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 con- trol the policing of the cars leaving and entering the drive-in theater off the public streets and the drive-in theater shall r eimburse the City of Livonia for necessary police action; (j) There shall be exists available to public streets or other public ways from at least two points at all times; provided, however, that the entrance may be regarded as one of the available exists if one lane of the entrance is kept clear of parked vehicles at all times. Means of access shall be made available at all times for fire apparatus, ambulances, or other emergency vehicles. Drives shall be channelized arra limited to not more than four lanes; (k) Exists and aisles and passageways leading to them shall be kept adequately lighted at all times when open to the public. Artificial lights shall be provided 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 De- partment and applicable regulations, ordinances and laws; (n) The electrical system 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 t heIire Department. Cables in the ground traversed by the public shall be placed in trenches or conduits or protected by approved covers. All electric installations shall conform to the requirements of the National Electric C ode 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 sub- stantial construction made of wood, metal or masonry and erected solely upon property used for the drive-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 bf 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 1001 from the public right-of-way and be located so as to be hidden from the view of residents and as much traffic as possible; Page 3226 (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 it the sales were conducted elsewhere; (s) No drive-in theater licensed under the provisions of this ordinance shall operate between December 1 and April 1 of any license year; (t) 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 9. Sus•=nsion and Revocation Invest':ation• 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 several departments of the City above designated who are authorized to enforce the provisions of this ordinance or to approve the issuance of a license, specifying with reasonable detail any :facts hereinafter referred to, which facts are hereby declared to be grounds for suspending any license issued under the within ordinance, to wit; facts showing that the ap- plicant for a license made one or more fraudulent statements or misrepresentations or concealed material information in the application for license; facts showing 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 en any unlawful or illegal act or acts on or in connection therewith. Upon the filing of such charges, the person making such charges shall forthwith suspend the license involved and shall give to such licensee a notice of such suspension 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 a date and place therein specified, which date shall not occur more than three days from the day of such suspension 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 Council has determined whether such license should be revoked as herein provided. The Council 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 cause, or has not shown sufficient cause why his license should not be revoked, or if theCbuncil finds Page 3229 that such suspension was for a violation of any of the provisions or requirements of this ordinance or that any facts have been shown which constitute grounds for sus- pending a license under this ordinance, the Council may order such license permanently revoked or revoked for such period of time as the C ouncil 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 ineligible to receive any license under this ordinance for a period of two years thereafter. 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. The Clerk shall act as Clerk to the Council in connection with any proceed- ings instituted in connection with the suspension or revocation of any license. Section 10. Validity. Should any section, clause or provision df 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 in- valid section, clause or provision had never been inserted in this ordinance. Section 11. 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. Section 12. Penalty. Any person, firm or corporation who shall violate any provision of this ordinance shall be subject, upon conviction thereof, to a fine of not more than Five Hundred Dollars 4500.00) for every offense or to im- prisonment not exceeding ninety (90) days for every offense, or both such fine and imprisonment in the discretion of the court. Section 13. Repeal. Any ordinance or any portion of any ordinance which conflicts with the provisions hereof is hereby repealed. Section 14. Effective Date. This ordinance is hereby declared to be an emergency ordinance necessary to the protection of the public health, safety and welfare, and shall become effective immediately on publication. A roll call vote was conducted on the foregoing ordinance with the following result: AYES: Kleinert, Ventura, Daugherty, O'Neill, Bagnall and Grant. NAYS: Jones. The President declared the foregoing ordinance duly adopted and will become effective on date of publication, after having been approved by the Mayor. Councilman Ventura introduced the following emergency Ordinance: NO. 194 Page 3230 AN ORDINANCE Ai"ENDING SECTIONS 11.02, 14.02 AND 15.02 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING ORDINANCE OF TIE CITY OF LIVONIA." THE CITY OF LIVONIA ORDAINS: Section 1. Sections 11.02, 14.02 and 15,02 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia", are hereby amended to read as follows: Section 11.02. Uses Permitted. In all C-2 Districts no buildings or land, except as otherwise provided in this ordinance, shall be erected or used except for one or more of the following specified uses: (a) All uses permitted in R-3 and C-1 Districts. (b) Stores and shops for the conducting of a service or a retail business, except that the storage of lumber and other building supplies or similar materials for retail sale shall be housed within a building having four (4) side walls and roof, open storage of this or similar material shall not be permitted. (c) Office and showroom of a plumber, electrician, decorator or similar trade. (d) Personal service shops,such as barber shops, beauty parlors, shoe repair shops, tire repair shops, laundry pickup shops, dry cleaning pickup shops, messenger or telegraph ser- vice stations and any similar service or use. (e) Banks, theaters, hotels, assembly buildings, catering establishments, conservatories, sales and showrooms, research and testing laboratories, studios, undertaking establishments, dance halls, recreation halls, parking lots and public owned buildings. (f) Public utility buildings. (g) Establishments within buildings or structures for the repair, alteration, finishing, assembling, fabrication, or storage of goods primarily for the residents of the locality or for sale at retail on the premises, provided there is not in connection therewith the operation of any activity or the storage or display of goods in such manner as to be obnoxious or offensive by reason of the emission of odors, fumes, dust, smoke, waste, lightglare, noise or vibration, and further pro- vided that no commercial enterprise shall employ more than five (5) mechanics or workers per each two thousand (2000) square feet of floor area, on the repair, conversion, alteration, finishing or fabrication of goods. (h) Advertising signs only when pertaining to the sale* rental or use of the premises on which it is located or to Page 3231 goods sold or activities conducted thereon, or when serving primarily as a directional sign or legal notice. Only one (1) such sign is permitted on a lot, when such lot is four thousand (4000) square feet or less in area, and such sign shall not ex- ceed thirty-five (35) square feet in area of display surface and shall not exceed seven (7) feet in length. Signs larger in area than authorized in this section shall not be permitted except upon the approval of the City Planning Commission. (i) Carnivals, outdoor circuses or migratory amusement enter- prises. (j) Dry cleaning plants, garages and auto wash establishments, on approval of the City Planning C ommissinn; provided, however, that such approval shall not be given until, in addition to other requirements and considerations, there is filed with such commission the written consent of the owners of frontage of property immediately abutting the premises involved and the written consent of the owners of seventy (70) per cent of the frontage of all property within three hundred (300) feet of such premises and not separated therefrom by more than one street or alley. (k) Motels or motor courts upon approval of the City Planning Commission. The commission may permit motels and motor courts in C-2 Districts, provided that a public hearing is held and it is established that sixty (60) per cent of the property owners do not object within five hundred (500) feet distance from any part of the lot area involved, and provided that a lot area equal to that required for a residence shall be provided for management, provided that each unit provides a lot area of one thousand (1000) squaw feet for the first room of eighty (80) or more square feet and an additional area equal to twice the room area for each additional room of eighty (80) square feet or more and provided that each unit or group of units shall have two (2) side yards of not less than ten (10) feet each for interior lot side yards; however, when side yards abut a side street then such street side yard shall be not less than twenty-five (25) feet, a front yard of not less than twenty- five (25) feet, a rear yard of not less than ten (10) feet and separate buildings shall be not less than ten (10) feet apart; and further, provided, that each unit shall have one (1) room with not less than onehundred and fifty (150) square feet of floor area, a bathroom of not less than twenty-five (25) square feet of floor area, and not less than fifty (50) square feet of floor area for a kitchenette, if provided; and further, pro- vided, that building height of motel shall not exceed one (1) story or fifteen (15) feet; and further, provided, that no guest shall occupy such accommodations of any motel or motor court for a period of more than one (1) month within any calendar year. (1) Any other use similar in character to the above uses when it is not obnoxious or offensive to the locality by reason of the emission of odor, fumes, dust, smoke, waste, lightglare, vibration or noise. Page 3232 (m) Office of a veterinarian, including animal clinics and animal hospitals without outside kennels, for the care and treat- ment of small pets, such as dogs, cats and similar small animals, with the approval of the City Planning Commission. (n) Drive-in theaters, after approval of the City Planning Commission where such use is located at least one thousand (1000) feet from any district zoned as residential. Section 14.02. Uses Permitted. In all M-1 Districts no building or land shall be erected or used except for one or more of the following uses: (a) Any use of land or building which is permitted in an AG or C-2 District, except all types of dwellings. (b) Light industrial plants; machine shops; manufacturing of furniture, hardware, jewelry, tools, dies, gauges, instruments, patterns, tobacco products, leather goods, paint, varnish, plastic articles, boxes, paper articles, wearing apparel, shoes, pharmaceutical articles and similar items; and small shops for fabricating, assembling and developing activities and processes. (c) Any wholesale or jobbers business. (d) Storage buildings, warehouses and yards for wholesalers, distributors and jobbers, and for lumber, building materials and supplies, coal, coke, fuel and similar items. (e) Laundry and dry cleaning establishments, cold storage plants, bakeries, dairies and creameries, soft drink and bottling plants, artisan and craftsman shops, printing and engraving shops, radio stations, millwork and lumber planing mills, tinsmith and s heetmetal shops, and paint shops. (f) Gasoline and oil service stations, garages, repair shops and similar highway services. (g) Terminal facilities and freight houses for railroads, truck lines and motor transport. (h) Uses similar to the above specified uses. (i) Uses accessory or incidental to the above permitted uses. (j) Drive-in theaters, after approval of the City Planning Cojmission, where such use is located at least one thousand (1000) feet from any district zoned as residential. Provided, however, that no use above specified shall be allowed where such use is contrary to any of the provisions or conditions contained in this article. Section 15.02. Uses Permitted. In all 1-2 Districts no build- ing shall be erected or used, or land used, in whole or in part, except for one or more of the following uses: Page 3233 (a) Any use of land or buildings which is permitted in an M-1 District. (b) Any lawful use of land or buildings not herein expressly provided for or prohibited. (c) Heavy manufacturing and general industrial plants. (d) Uses accessory to any of the above permitted uses. (e) Drive-in theaters, after approval by the City Planning Commission, where such use is located at least one thousand (1300) feet from any district zoned as residential. Provided, however, that no use above specified shall be allowed where such use is contrary to any of the provisions of conditions contained in this article. Section 2. All ordinances or parts of ordinances in conflict herewith, particularly Section 4.09 of Ordinance No. 60, are hereby r epealed only to the extent necessary to give this ordinance full force and effect. Section . If any part or parts of this ordinance are for any reason held to be invia] 'd, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance is hereby declared to be an emergency ordinance necessary to the protection of the public health, safety and welfare, and shall become effective immediately on publication. A roll call vote was conducted on the foregoing ordinance with the following result: AYES: Kleinert, Jones, Ventura, Daugherty, O'Neill, Bagnall and Grant. NAYS: None. The President declared the ordinance duly adopted and will become effective on date of publication, after having been approved by the Mayor. On motion of Councilman Bagnall, seconded by Councilman Ventura and unanimously adopted, this 231st regular meeting of the Council of the City of Livonia was duly adjourned at 11:30 P. M., January 6, 1958. 7 / / n_ice / Mr ' . Clark, City Clerk 1