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HomeMy WebLinkAboutCOUNCIL MINUTES 1954-10-18 ADJOURNED Page 1634 MINUTES OF THE ADJOURNED ONE HUNDRED TWENTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 18, 1954, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8.06 P M., by the President of the Council , John T Daugherty Councilman Kleinert delivered the invocation Roll was called with the following result• Pres ent-- John T Daugherty, David L Jones , Harry R Killam, Rudolf R Kleinert, John W. Whitehead, Nettie Carey and Wilson W Edgar Absent-- None An ordinance entitled "An Ordinance Amending Section 11 02 of the Zoning Ordinance, Ordinance No 60, of the City of Livonia", introduced by Councilman Whitehead at the 127th regular meetirg held September 27, 1954, was taken from the table and a roll call vote was conducted thereon with the following result• AYES. Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty �g NAYS None The President declared the foregoing ordinance was adopted and would be- come effective on date of publication, October 28, 1954. Councilman Edgar was excused at 8 11 P M , and returned at 8.13 P M By Councilman Kleinert, seconded by Councilman Whitehead and unaninausly adopted, it was #1806 RESOLVED, th at the Ordinan ce amending Ordinanc e No 77 be tabled, pending a conference with the Civil Service Commission, to be held later during this evening The City Clerk read letters from the Wayne County Road Commission dated October 7, 1954 and October 15, 1954 Mr Hayes, chairman of the Traffic Commission was present Councilman Kleinert introduced the following Ordinance• NO AN ORDINANCE AMEND IN SECTION 5 1 OF 'HE TRAFFIC ORDINANCE, ORDINANCE NO. 21 OF THE CITY OF LI W NIA Page 1635 THE CITY OF LIVONIA ORDAINS• Section 1 Section 5 I of the Traffic Ordinance, Ordinance No. 21 of the City of Livonia, adopted December 11, 1950, and as amended by Ordinance No 71, adopted October 5, 1953, is hereby amended to read as follows Section 5.1 Sneed Regulations (a) Each person driving a vehi cle on a highway shall drive the same at a careful prudent speed not greater mr less than is reasonable and proper, having due regard to the traffic, surface, and width of the highway and any other conditions then existing and no person shall drive any vehicle on any highway at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead (b) Subject to the provisio ns of subdivision (a) of this section, and excepting in those instances where a lower speed is specified in this ordinance, it shall be prima facie lawful fo r a driv er to drive at a speed not exceeding the following, but in any case when such speed would be unsafe it shall not be lawful Twenty-five (25) miles per hour on all streets in a business district as defined herein; Twenty-five (25) miles per hour in a residence district as defined herein and in public parks, unless such parks are posted for a lower speed by order of the Traffic Commission with the approval of the Council (c) It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by State Law outside of business and residence districts as applicable upon the following streets is greater than is reasonable or safe under the conditions found to exist upon such streets and it is hereby declared that the prima facie spe ed limit shall be Twenty-five (25) or Thirty-five (35) or Forty (40) of Fifty (50) miles per hour as herein set forth on these streets or parts of streets herein designated when signs are erected giving notice thereof; provided, however, that said prima facie speed limit of thirty-five (35) or forty (40) or fifty (50) miles per hour shall not be ap- plicable to or effective in any business or residence districts Name of Street and Parts Designated Prima Facie Speed Limit The South one-half (1/2) of Eight Mile Road from Inkster to Farmington Road Forty (40) miles per hour The South one-half (1/2) of Eight Mile Road from Farmington to Haggerty Road Fifty (50) miles per hour Seven Mile Road from Inkster to Farmington Road Forty (40) miles per hour Sever Mile Road. from Farmington to Haggerty Road Fifty (50) miles per hour Six Mile Road from Inkster Road to Farmington Road Forty (40) miles per hour Six Mile Road from Farmington Road to Haggerty Road Fifty (50) miles per hour Page 1636 Name of Street and Parts Designated Prima Facie Speed Limit Five Mile Road from Inkster Road to Ashurst Road Thirty-five (35) miles per hour Five Mile Road from Ashurst Road to Eckles Road Fifty (50) miles per hour Schoolcraft Road from Inkster Road to Eckles Road Fifty (50) miles per hour West Chicago Blvd , from Inkster Road to Middlebelt Road Forty (40) miles per hour The North one-hi f (1/2) of Joy Road from Inkster to Middlebelt Road Forty (40) miles per hour Ann Arbor Trail Thirty-five (35) miles per hour The West one-half (1/2) of Inkster Road from Five Mile Road to Joy Road Forty (40) miles per hour Middlebelt Road from Eight Mile Road to Joy Road Thirty-five (35) miles per hour Farmington Road from Eight Mile Road to Joy Road Forty (40) miles per hour Wayne Road from Plymouth Road to Joy Road Forty-five (45) miles per hour Plymouth Road from Inkster to Eckles Road Forty-five (45) miles per hour Merriman Road from Joy Road to Seven Mile Road Thirty-five (35) miles per hour Hubbard Road from West Chicago Blvd , to Six Mile Road Twenty-five (25) miles per Your Gill Road from Seven Mile Road to Eight Mile Road Thirty-five (35) miles per hour Levan Road from Plymouth to Five Mile Road Thirty-five (35) miles per hour Newburgh Road from Joy Road to Eight Mile Road Thirty-five (35) miles per hour Stark Road from Hathaway Avenue to Lyndon Avenue Twenty-five (25) miles per hour The East one-half (1/2) of Haggerty Road from Five Mile to Eight Mile Road Forty-(40) miles per hour The East one-half (1/2) of Eckles Road from Plymouth to Schoolcraft Road Forty (40) miles per hour The East one-half (1/2) of Eckles Road from Schoolc raft to Five Mile Road Thirty-five (35) miles per hour Page 1637 (d) On all State and Federal trunk line highways within the City it shall be prima facie lawful for a driver of a vehicle to drive at a speed not exceeding that which may be determined from time to time by the Michigan State Highway Commissioner under provisions of Act 119 of the P A 1933, or any anendment thereof, provided, however, that on any and all State and Federal trunk line highways or parts thereof within the City on which no speed limitations have been determined by said State Highway Commission or on which said Com- missioner's determinations may have been revoked or suspended, the ordinary speed limits as set forth in the foregoing subdivisions of this section shall apply (e) It shall be prima facie unlawful for any person to exceed any of the foregoing speed limitations. Section 2. All ordinances or parts of ordinances in conflict or inconsistent with the provisions of this ordinance are hereby repealed Section 3. If any part or parts of this ordinance are for any reason held to be invalid, such decision shall mt affect the validity of the remaining portions of this ordinance. Section 4 This entire ordinance shall be construed as an exercise of the police power of the City of Livonia This ordinance is hereby declared to be immediately necessary for the preservation of the public pe ace, health and safety, and shall become effective immediately on publication. The foregoing ordinance was placed on the table fcr consideration at the next regular meeting of the Council , October 25, 1954 The City Clerk, Marie W Clark, read a report from the Department of Public Works dated September 30, 1954, and resolution adopted by the Council on September 13, 1954 Mr. Larry Lee appeared before the Council in this matter By Councilman Kleinert, se coed ed by Councilman Whitehead and unanimously adopted, it was #1807 RESOLVED, that the Council accept the recommendation of the Depart- ment of Public Works dated September 30, 1954, in regard to the property located on Lot 147 of Thomas F. O'Connor's Parkview Acres, and the request of Mr Larry Lee to purchase sane is denied The City Clerk read a letter from Gerald T Harris dated September 30, 1954, regarding special parking privileges for the handicapped By Councilman Carey, seconded by Councilman Jones and unanimously adopted, it was Page 1638 #1808 RESOLVED, that the letter from Gerald T Harris dated September 30, 1954, be referred to the Traffic Commission for study and consideration and that Mr Harris be present at the meeting of the Traffic Commission A recess was called at 9:14 P M , after which the meeting resumed with all members present who were named as cre sent in the original roll call of this meeting By Councilman Jones, seconded by Councilman Carey and unanimously adopted, it was #1809 RESOLVED, that WHEREAS, the Traffic Commission of the City of Livonia has formulated a draft of a proposed amendment to the Traffic Ordinance, after receiving the view of the State and County authorities, and WHEREAS, it appears to the members of the Council of the City of Livonia that the proposed amendment fixes speeds for certain portions of State highways and County roads upon which there are located various schools,which speeds are, in the opinion of the Council, so high as to create traffic hazards to school children, and WHEREAS, the City of Livonia had pr eviously established 25 miles per hour speed limits in such school zones, as a means of controlling a dangerous traffic situation, BE IT RESOLVED, th at the representatives of the State Highway Department and the Wayne County Road Commission are urged to arrange a conference with the Livonia City Council , for the purpose of permitting the Council to pre sent to them its view of the local situation, and its reasons for striving to keep lower speed limits in school zones, most of which are located upon State highways or County roads, to the end that adequate provision may be made in the Livonia Ordinance for the safety of the school children The City Clerk read a letter from the City Planning Commission dated September 23, 1''54 By Councilman Jones, seconded by Councilman Killam, it was #1810 RESOLVED, that the recommendation of the City Planning Com— mission dated September 23, 1954, as to Petition No Z-59 of Edward P Frohlich for rezoning has been considered and such petition is hereby denied A roll call vote was taken on the fore going resolution with t he f ollowing result: AYES. Jones, Killam, Kleinert and Daugherty. NAYS• Whitehe ad, Carey and Edgar The President declared the re solution adopt ed Page 1639 By Councilman Kleinert, seconded by Council man Carey, it was #1811 RESOLVED, that the report an d recommendation of the City Planning Commission dated October 7, 1954, on Petition No Z-61 of Henry S. Alper for change of zoning classification in the Northwest 1/4 of Section 35 from M-1 to R-1-B is hereby approved, and the City Attorney is directed to prepare an amendment to Zoning Ordinance No 60 in accordance with this resolution A roll call vote was taken on the fore going resolution with the following result• AYES: Killam, Kleinert, Whit ehead, Carey, Edgar and Daugherty. NAYS Jones The President declared the resolution adopted By Councilman Whitehead, seconded by Councilman Edgar and unanimously adopted, it was #1812 RESOLVED, that the report and recommendation of the City Planning Commission dated October 7, 1954, on Petition No Z-63 of Joseph and Metha Buckhave for change of zoning ci assific ation in the Northwest 1/4 of Section 12 from RUFB to C-2 is hereby approved, and the City Attorney is directed to prepare an amendment to the Zoning Ordinance No 60 in accordance with this resolution The City Clerk read a letter dated October 7, 1954, from the City Planning Commission regarding a new Legal Advisor By Councilman Kleinert, seconded by Councilman Jones, it was #1813 RESOLVED, that WHEREAS, the City Planning Commission is appointed by the Mayor and is directly responsible to him, BE IT RESOLVED, th at the City Planni ng Commission direct their complaint s regarding legal advice to th e Mayo T. A roll call vote was taken on the foregoing resolution with the following result• AYES: Jones, Killam, Kleinert, Carey, Edgar and Daugherty. NAYS. Whitehead The President declar d the resolution adopted Members of the Civil Service Commission appeared before the Council to discuss the anendment to the Retirement Plat Ordinance An Ordinance, entitled "An Ordinance Amending Section 6.03 and 7.02 of the Retirement Plan Ordinal ce, Ordinance No 77 of the City of Livonia", introduced by Page 1640 Councilman Kleinert at the 127th regular meeting held September 27, 1954, was taken ._ from the table and a roll call vote was conducted thereon with the following result. AYES• Jones, Killam and Daugherty NAYS: Kleinert, Whitehead, Carey and Edgar. The President declared that the foregoing Ordinance was not adopted The City Clerk read a letter from the Police Departnent dated October 7, 1954 By Councilman Whitehead, seconded by Councilman Edgar, it was ##1814 RESOLVED, that the sum of $2500.00 be transferred from the Inspection Department Payroll Account to the following Police Depart- ment Accounts PD-21 $1,500.00 PD-22 1,000 00 A roll call vote was tarn on the foregoing resolution with the following result: AYES. Jones, Killam, Whitehead, Carey, Edgar and Daugherty NAYS Kleinert 111 The President declared the resolution adopted By Councilman Edgar, seconded by Councilman Carey and unanimously adopted, it was #1815 RESOLVED, that the Mayor be instructed to arrange with the Director of Public Safety to furnish the Council with a monthly report on expenditures in the Police Department The City Clerk read the report of the Justice Court and Violations Bureau for the month of September, 1954, which was received and placed on file By Councilman Edgar, seconded by Councilman Carey and unanimously adopted, it was I #1816 RESOLVED, that the letter from the Mayor dated September 28, 1954, together with the proposed budget for the Water Department be tabled until the Council has completed the general budget Councilmen Edgar and Kleinert gave a brief report of their meeting, on October 18, 1954, with Judge Lila Neuenfelt on the Westfield Top Soil case. They further stated that Judge Neuenfelt set the bond for the Westfield Top Soil Company in the amount of $7,500.00 Page 1641 On motion of Councilman Kleinert, seconded by Councilman Whitehead and i 1 unanimously adopted, this adjourned 128th regular meeting of the City Council was duly adjourned at 11:20 P M., October 18, 1954 Y. ie W Clark, City Cler Attested: J. Daugherty, President of "!council • dolf R Kleinert, Vice President of the Council 1