HomeMy WebLinkAboutCOUNCIL MINUTES 1957-05-06 rage co4i
MINUTES OF THE TATO HUNDRED SIXTH REGULAR MEETING OF THE
COUNCIL OF THE CITY OF LIVONIA
On May 6, 1557, the above meeting was held at 33001 Five Mile Road, Livonia,
Michigan, and was called to order at approximately 8:06 r.M., by the President of the
Council. Councilman Kleinert delivered the invocation. Roll was called with the
following result: Present-- Austin T. Grant, Frank O'Neill, Sydney B. Bagnall, Rudolf
R. nleinert, Peter A. Ventura and John T. Daugherty. Absent-- *David L. Jones.
*Councilman Jones arrived at b:12 P. M.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
#336-57 RESOLVED that, the minutes of the 205th regular meeting of the
Council of the City of Livonia held April d9, 1957, are hereby approved
as submitted.
A roll call vote was taken on the ioregoing resolution with the following result:
AYES: O'Neill, Daugherty, Ventura, Kleinert, Bagnall and Grant.
NAYS: Jones.
The President declared the resolution adopted.
The Ordinance entitled, "An Ordinance to Establish the Sessions for the
Municipal Judge; the Hours and Place of Holding Court; to Provide for the Regulation
of Hearing Dates; to Establish Jurisdiction of Civil Actions; and to Provide for the
Appointment and Compensation of a Substitute Municipal Judge", introduced by Councilman
Bagnall April 29, 1957, was taken from the table and a roll call vote conducted thereon
with the following result:
AYES: O'Neill, Daugherty, Ventura, Jones, Kleinert, Bagnall and Grant.
NAYS: None.
The President declared the Ordinance duly adopted and would become effective on date
of publication, May 23, 1957.
The Ordinance entitled, "An Ordinance Amending Sections 14, 27, 28 and 31
of the Zoning Map of the City of Livonia, and Amending Article 3.00 of the Zoning Or-
dinance, Ordinance No. 60 of the City of Livonia, by Adding Thereto Sections 3.121,
Page 2844
3,122, 3.123 and 3.124", introduced by Councilman Kleinert April 29, 1957, was taken
Lfrom the table and a roll ca31 vote conducted thereon with the following result:
AYES: O'Neill, Daugherty, Ventura, Jones, Kleinert, Bagnall and Grant.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become dfective
on date of publication, May 23, 1957.
Councilman Ventura read and introduced the following emergency Ordinance:
NO. 169
AN ORDINANCE AMENDING SECTION 9 OF THE ZONING MAP
OF THE CITY OF LIVONIA, AND AIENDING ARTICLE 3.00
OF THE ZONING ORDINAACE, ORDINANCE NO. 60 OF THE
CITY OF LIVONIA, BY ADDING THERETO SECTION 3.125.
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission
Ldated March 22, 1957, on Petition No. Z-208, having been considered by the Council, the
Council hereby adopts said petition to amend the Zoning Ordinance and the Zoning Map of
the City of Livonia; and all proceedings heretofore conducted on said petition are hereby
approved.
Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60 of the City
of Livonia, is hereby amended by adding thereto the following section:
Section 3.125. Petition No. Z-208 of Jesse M. and Florence Bonner
is hereby granted; the zoning classification of the premises described in
said petition is hereby changed from R-1-B to C-1 as requested in said petition;
and the Northeast 1/4 of Section 9 of the Zoning Map is hereby amended to
conform to the change made in this section.
Section . The attached map designated "Amendment No. 35 of the Zoning Map
of the City of vonia", showing all of the amendments and changes made in the foregoing
Section 2 of this ordinance is hereby approved, established and made a part thereof.
Section Li. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and effect.
Section 5. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of any of the
remaining portions of this ordinance.
LSection 6. This ordinance is hereby declared to be an emergency ordinance
necessary for the protection of the public health and w elfare, and shall take effect
immediately on publication.
Page 2845
A roll call vote was conducted on the foregoing Ordinance with the following result:
AYES: O'Neill, Daugherty, Ventura, Kleinert and Bagnall.
NAYS: Jones and Grant.
The President declared the Ordinance duly adopted and would become effective on date
of publication, Mawy 23, 1957.
Councilman Ventura was excused at 8:36 P. M.
By Councilman Bagnall, seconded by Councilman Daugherty, it was
#337-57 RESOLVED that, the resolution regarding Motor Vehicle Highway Fund
Bonds, submitted by Miller, Canfield, Paddock and Stone, bonding attorneys,
be tabled to the next regular meeting of the Council.
CouncilmanVentura returned at 8:40 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neil, Daugherty, Ventura, Jones, Bagnall and Grant.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman O'Neill and unanimously
adopted, it was
#338-57 RESOLVED that, the paving of Elmira and Deering Streets be tabled,
pending a complete report at the next study meeting.
By Councilman Ventura, seconded by Councilman O'Neill, it was
RESOLVED that, the roll call vote on the amendment to Ordinance
No. 115 be deferred.
A roll cal] vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Daugherty and Ventura.
NAYS: Jones, tlleinert, Bagnall. and Grant.
The President declared the res olution denied.
The Ordinance entitled, ',An Ordinance Amending Sections 5 and 13 of Ordinance
No. 115, Entitled 'An Ordinance Combining All Sewage Disposal Facilities of the City of
Livonia into a Single Sewage Disposal System; Providing for the Maintenance and Operation
of Said System on a Public Utility Basis; Providing for the Fixing and Collection of
Page 2846
Rates and Charges to Users and Beneficiaries of Said System and Certain Storm Sewers
Constructed; Providing for the Allocation and Use of the Revenues Derived from the
Collection of Such Rates and Charges; Prohibiting Unauthorized Connections, Providing
Penalties for the Violation Thereof, and Repealing Certain Prior Ordinances'," introduced
by Councilman Kleinert April 29, 1957, was taken from the table and a roll call vote
conducted thereon with the following result:
AYES: Kleinert.
NAYS: O'Neill, Daugherty, Ventura, Jones, Bagnall and Grant.
The President declared the Ordinance denied.
A recess was called at 9:18 P. M., after which the meeting resumed with all
members present who were named as present in the original roll call of this meeting,
including Councilman Jones.
Councilman Bagnall read the proposed agreement between the City of Livonia
and Lybrand, Ross Bros, and Montgomery, Auditors.
By Councilman Bagnall, seconded by Councilman Daugherty, it was
#339-57 RESOLVED that, the agreement or contract prepared pursuant to Council
resolution #190-57, by and between the City of Livonia and the firm of Lybrand,
Ross Bros. and Montgomery, Certified Public Accountants, Book Building, Detroit
26, Michigan, and approved as to form by the City Attorney on April 15, 1957,
wherein said firm agrees to perform certain auditing services for the fiscal
year ending November 30, 1957, for a mutually agreed upon canpensation, is
hereby approved; and the Mayor and City Clerk are herein authorized to sign
such agreement or contract on behalf of the City of Livonia and to do all
things necessary to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Daugherty, Ventura, Jones, Bagnall and Grant.
NAYS: Kleinert.
The President declared the resolution adopted.
Marie W. Clark, City Clerk, read a letter from the City Treasurer requesting
an increase in Budget Account No. F-61.
By Councilman Daugherty, seconded by Councilman Bagnall, it was
#340-57 RESOLVED that, having considered the request of the City Treasurer
Page 2847
dated May 1, 1957, there is hereby transferred from the Unappropriated Surplus
to the Treasurer's Budget Account No. F-61 (Preparation of Tax Rolls), the
sum of $719.00; said amount to be used to pay the balance of the cost over
budget allocation, to the WAyne County Bureau of Taxation for preparing assess-
ment rolls, tax rolls and statements of the City of Livonia for the fiscal year
ending November 30, 1957.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Daugherty, Ventura, Jones, Kleinert, Bagnall and Grant.
NAYS: None.
By Councilman Ventura, seconded by Councilman Daughertsy, it was
#341-57 RESOLVED that, pursuant to the request of the City Treasurer dated
May 1, 1957,, there is hereby transferred from the Unappropriated Surplus to
the Treasurer's Budget Account No. F-1-X (Clerical Salaries), the sum of
$1,450.00, to be used for the purpose of retaining an adequate number of
employees in said department.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Daugherty, Ventura, Jones, Kleinert, Bagnall and Grant.
NAYS: None.
Marie W. Clark, City Clerk, read a letter from Stewart Building Company re-
garding property in Section 2, presently designated City park.
By Councilman Bagnall, seconded by Councilman O'Neill and unanimously
adopted, it was
#342-57 RESOLVED that, the letter from G. F. Scheurman of Stewart Witt
Company dated April 23, 1957, wherein they suggest selling a certain parcel
of land described therein to the City of Livonia, is hereby referred to the
Parks and Recreation Commission and the Department of Public Works for their
st idy and report.
The City Clerk, Marie W.Clark, read a recommendation from the City Planning
Commission as to Petition No. Z-2U7.
By Councilman Bagnall, seconded by Councilman Ventura and unanimously
adopted, it was
#343-57 RESOLVED that, the report and recommendation of the City Planning
Commission dated April 5, 1957, as to Petition No. Z-207 has been considered;
said Petition No. Z-207, as amended, of Albert B. and Della S. Shulman, for
change of zoning classification in the Southeast 1/4 of Section 14 from RUFB
to C-1 is approved; and the City Attorney is instructed to prepare an or-
dinance amending Ordinance No. 60 in conformance with this resolution.
Page 2848
By Couhcilrnan Daugherty, seconded by Councilman Ventura and unanimously
adopted, it was
L
#3)1)1-57 RESOLVED that, Petition No. Z-213, an amendment to Ordinance No. 60,
Article 12.00, be tabled to a joint meeting of the Council and the City Plan-
ning Commission, such meeting to be arranged by the City Attorney.
Marie W. Clark, City Clerk, read a letter from the Department of Public Works
regarding the request of Paul R. Ryder for connection to sanitary sewer.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
#315-57 RESOLVED that, the report and recommendation of the City Ehgineer
dated April 25, 1957, in regard to the request of Paul R. Ryder, for the in-
stallation of a riser and lead across Schoolcraft Road to connect to the
sanitary sewer, is hereby referred to the Sewer Committee of the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill , Daugherty, Ventura, Kleinert, Bagnall and Grant.
NAYS: Jones.
LThe President declared the resolution adopted.
Councilman Bagnall read and introduced the following Ordinance:
Councilman Kleinert was excused at 10:30 P.M.; CouncilmanDaugherty was excused at 10:31.
NO.
AN ORDINANCE AMENDING SECTION 5.1 OF THE TRAFFIC
ORDINANCE, ORDINANCE NO. 21, AS AMENDED, OF THE
CITY OF LIVONIA.
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 5.1 of the Traffic Ordinance, Ordinance No. 21, as
amended, entitled "An Ordinance Regulating Traffic and the Use and Operation of Vehicles
Upon the Public Streets and Thoroughfares of the City of Livonia, Providing for the Dis-
posal of Abandoned Vehicles, Providing a Penalty for Violation of this Ordinance and
Repealing all Other Ordinances and Sections of Ordinances in Conflict Herewith", is
hereby amended as follows:
Section 5.1. Speed Regulations
(a) Each person driving a vehicle on a highway shall drive the
same at a careful, prudent speed not greater nor less than is reasonable and
L 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.
Page 2849
(b) Subject to the provisions 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 for a driver 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
residential 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 ap-
proval of the Council.
(c) It is hereby determined upoh the basis of an engineering and
traffic investigation that the speed permitted by State law outside of busi-
ness and residential 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 speed limit shall
be Twenty-five (25) or Thirty-Five (35) or Forty (40) or 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 ( 0) or Fifty (50) miles
per hour shall not be applicable to or effective in any business or residential
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 RoadL 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
Seven Nile 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
Five Mile Road from Inkster Road to
Ashurst Road Thirty-five (35) miles per hr.
Five Mile Road from Ashurst 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
Middle Belt Road Forty (40) miles per hour
The North one-half (1/2) of Joy road from
Inkster to Middle Belt Road Forty (40) Miles per hour
Page 2850
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 (1t0) miles per hour
The West one-half (1/2) of Inkster Road from
Five Mile Road to Eight Mile Road Thirty-five (35) miles per hour
Middle Belt 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 Road 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 hour
Gill Road from seven Mile Road to
Eight Mile Road Thirty-five (35) miles per hour
Levan Road from Plymouth Road 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 t toad
from Plymouth Road to Schoolcraft Road Forty (40) miles per hour
The East one-half (1/2) of Eckles Road
from Schoolcraft to Five Mile Road Thirty-five (35) miles per hour
(d) It is hereby determined upon the basis of an engineering and
traffic investigation that the speed permitted by State Law outside of busi-
ness and residential districts for trucks is greater than is reasonable or
safe under the conditions found to exist upon the streets of the City and it
is hereby declared that, notwithstanding other provisions of this ordinance,
the prima facie speed limit for trucks traveling on any highway or street in
the City of Livonia shall be Thirty-five (35) miles per hour when signs are
erected giving notice thereto; provided, however, that said prima facie speed
Page 2851
limit of Thirty-five (35) miles per hour shall not be applicable to or ef-
L fective in any business or residential district nor to any highway or street
posted for a lower speed by order of the Traffic Commission with the approval
of the Council. For the purposes of this section the word "truck" shall
mean every motor vehicle designed, used or maintained primarily for the trans-
portation of property.
(e) 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 amendment thereof, provided, however, that on any and all State and Federal
trunk line highways or parts thereof within the City on which no speed limita-
tions have been determined by said State Highway Commission or on which said
Commissioner's determinations may have been revoked or suspended, the ordinary
speed limits as set forth in the foregoing subdivisions of this section shall
apply.
(f) 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 of this ordinance or parts thereof are for any reason
Lheld to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance.
Councilmen Kleinert and Daugherty returned at 10:36 P. M.
The foregoing Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Bagnall was excused at 10:36 and returned at 10:40 P. M.
By Councilman Daugherty, seconded by Councilman Bagnall, it was
#346-57 RESOLVED that, the proposed amendment to Ordinance No. 60, Section
20.01, is hereby referred to the City Planning Commission for public hearing.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Daugherty, Ventura, Bagnall and Grant.
NAYS: Jones and Kleinert.
The President declared the resolution adopted.
LBy Councilman Daugherty, seconded by Councilman Ventura and unanimously
adopted, it was
#3J7-57 RESOLVED that, the proposed Ordinance Licensing Trucks is hereby
referred to the next study meeting of the Council.
Page 2852
By Councilman Bagnall, seconded by Councilman O'Neill, it was
#348-57 RESOLVED that, whereas the Water and Sewer Board has submitted to
the Council a stud and report of the cost of the sewage system now being in-
stalled by the Board of Wayne County Road Commissioners under a contract with
the City; and whereas such report contains a comprehensive and detailed summary
of the cost of such sewer installation; and whereas such report recommends
certain changes in the Water and Sewer Rates prescribed by Ordinance No. 115;
the Council therefore deems it advisable and necessary that a joint meeting be
called between the Council, the Water and Sewer Board and other interested
parties for the purpose of considering the aforementioned report and recorM
mendations and to determine whether or not the present schedule of sewer rates
and connection charges is equitable and reasonably related to the actual cost
of the aforementioned improvement; and that this joint meeting be held at
9:00 o'clock P. M., May 9, 1957, at the Livonia City Hall.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Daugherty, Ventura, Jones, Bagnall and Grant.
NAYS: Kleinert.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Bagnall, it was
#349-57 RESOLVED that, the Council meeting scheduled for May 13, 1957, in
resolution #335-57, adopted April 29, 1957, is hereby postponed to May 20,
1957.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Daugherty, Ventura, Jones, Bagnall and Grant.
NAYS: Kleinert.
The President declared the resolution adopted.
On motion of Councilman Ventura, seconded by Councilman O'Neill and unanimously
adopted, this 206th regular meeting of the Council of the City of Livonia was duly ad-
journed at 11:05 P. M., May 6, 1957.
e Clark, City Clerk