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HomeMy WebLinkAboutCOUNCIL MINUTES 1954-11-08 Page 1658 MINUTES OF THE ONE HUNDRED-THIRTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 8, 1954, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8.05 P M , by the Hresirient of the Council, John T. Daughe rty Councilman Kleinert delivered the invocation Roll was called with the following re suit: Present-- John T Daugherty, David L. Jones, Harry R. Killam, Rudolf R. Kleinert, John W. Whitehead, Nettie Carey and Wilson W Edgar Absent. None By Councilman Kleinert, seconded by Councilman Whitehead and unanimously adopt ed, it was #1841 RESOLVED, that the minutes of the 129th regular meeting of the City Council held October 25, 1954, are approved as submitted. By Councilman Edgar, seconded by Councilman Kleinert and unanimously adopted, it was #1842 RESOLVED, that the minutes of the Public Hearing on the Budget for 1954-55 and the 25th Special Meeting of the City Council held November 1, 1954, are approved as submitted Mr W R McCary, Superintendent of the Department of Public Works, read a report from his department on installing sidewalks in Thomas Elliott Subdivision. By Councilman Edgar, seconded by Councilman Carey and unanimously adopted, it was #1843 RESOLVED, that the matter of sidewalks in Thomas Elliott Subdivision on Plymouth Road between Deering and Harrison Avenue be referred back to the Department of Public Works to ascertain from the prep erty ovners their willingness to participate in the in- stallation of these sidewalks. Councilman Edgar introduced the following Ordinance NO AN ORDINANCE AMENDING SECTIONS 10,12, 31 AND 35 OF THE ZONING MAP OF THE CITY OF LIVONIA, AND AMENDING ARTICLE 3 00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60 OF THE CITY OF LIVONIA,BY ADDING THERETO SECTIONS 338, 339, 340 AND 341 Page 1659 THE CITY OF LIVONIA ORDAINS Section 1 The reports and recommendations of the City Planning Commission dated October 21, 1954 on Petition No Z-60, and October 7, 1954 on Petition No. Z-61 and Z-63, to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings heretofore conducted on such petitions, are hereby approved. The recommendation of the City Planning Commission on the report dated October 7, 1954, on Petition No Z-62, is hereby rejected, but the report and all other proceedings here- tofore 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 sections. Section 3.38. Petition No. Z-60 as submitted by Thomas F O'Connor, is hereby granted; the zoning classification of the premises described in said petition is hereby changed from R-U-F-B to R-1-A as requested in said petition; and the Southeast 1/4. of Section 10 of said Zoning Map is hereby amended to conform to the change made in this section Section 3 39 Petition No Z-63 as sutinitted by Joseph and Metha Buckhave is hereby granted, the zoning classification of the premises de- scribed in said petition is hereby changed from R-U-F-B to C-2 as requested in said petition; and the Northwest 1/4 of Section 12 of said Zoning Map is hereby amended to conform to the change made in this section Section 3.40 Petition No Z-62 as submitted by Dwight and L Margaret Morris, is hereby granted, the zoning classification of the premises described in said petition is hereby changed from R-U-F-B to C-2 as requested in said petition; and the Northeast 1/4 cff Section 31 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3 41 Petition No Z-61 as submitted by Henry S Alper, is hereby granted, the zoning classification of the premises described in said petition is hereby changed from M-1 to R-1-B as requested in said petition; and the Northwest 1/4 of Section 35 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3 The attached map designated "Amendment No. 9 of the Zoning Map of the City of Livonia" shows ng all of the amendments and changes made in the foregoing Section 2 of this ordinance, is hereby approved, established and made a part hereof Section it. 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 mt be construed as affecting the validity of any of the remaining portions of this ordinance LThe foregoing ordinance was placed on the table for consideration at the next regular meeting of the Council , November 22, 1954. Page 1660 President Daugherty asked that the following item, which appeared in the Detroit Times November 8, 1954, become a matter of record. "Livonia Leading" "Livonia appears to be leading Detroit suburbs in residential construction "Permits for 290 houses valued at a total of $3,838,080 were issued in September Runner-up among the suburbs was Royal Oak, with 99 houses valued at $1,241,400 "Some $13,809,699 worth of construction of all types is indicated in the September permits sought in the metropolitan communities out sad a Detroit "Detroit 's October permits for new construction of all types totaled $11,824,244, including residential units for 448 families " By Councilman Kleinert, seconded by Councilman Edgar, it was #1844 RESOLVED, that the Finance Committee be and hereby is authorized to approve the voucher for payment of $1,000.00 to Mr William McBrearty, attorney for the City in the Canteen Case, No 522-950, in Circuit Court A roll call vote was taken on the foregoing resolution with the following result: AYES: Edgar, Carey, Whitehead, Kleinert, Killam and Daugherty. NAYS: Jones. The President declared the resolution adopted The Ordinance entitled, "An Ordinance Amending Sections 25, 28 and 32 of the Zoning Map of the City of Livonia, and Amending Article 3 00 of the Zoning Ordinance, Ordinance No 60 of the City of Livonia, by Adding Thereto Sections 3.35, 3.36 and 3.37", introduced by Councilman Edgar at the 129th regular meeting held October 25, 1954, was taken from the table and a roll call vote was conducted thereon with the following result: AYES- Edgar, Carey, Whitehead, Kleinert, Killam, Jones and Daugherty. NAYS: None. The President declared the foregoing Ordinance was duly adopted and will become effective upon date of publication, November 25, 1954. The City Clerk read the amendment to the Dog Ordinance submitted by Mr. George Haller. Page 1661 Councilman Killam introduced the following Ordinance. NO AN ORDINANCE AMENDING ARTICLE 2 00, ARTICLE 4 00, AND SECTION 8 02 OF ARTICLE 8.00 OF THE DOG ORDINANCE, ORDINANCE NO 76, ENTITLED, "AN ORDINANCE REGULATING THE KEEPING OF DOGS, PROVIDING FOR THE ISSUANCE OF DOG AND KENNEL LICENSES, PROVIDING R)R A DOG POUND AND DOG WARDEN, PROVIDING FOR THE DETERMINATION AND PAYMENT OF CLAIMS AND PROVIDING A PENALTY ROR VIOLATION HEREOF" THE CITY OF LIVONIA ORDAINS Section 1 That Article 2.00, Article 4.00 and Section 8 02 of Article 8.00 of the Dog Ordinance, Ordinance No 76, entitled, "An Ordinance Regulating the Keeping of Dogs, Providing for the Issuance of Dog and Kennel Licenses, Providing for a Dog Pound and Dog Warden, Providing for the Determination and Payment of Claims and Providing a Penalty for Violation Hereof", are hereby amended to read as follows. ARTICLE 2.00 - DEFINITIONS lia Section 2.01 Meaning of Words and Phrases The words and phrases defined in this article when used in this ordinance shall, for the purpose of this ordinance, have the meanings respectively ascribed to them, except in tho se cases where the con- text clearly indicates a different meaning Section 2.02 Kennel A kennel is an establishment wherein or whereon three or more dogs are confined and kept for sale , boarding, breeding or training purposes, far remuneration Section 2.03 City. The word "city" as used herein shall mean the City of Livonia. Section 2.04 Court. The word "court" shall include the existing Justice Court of the City of Livonia and any Municipal Court or other court which may hereafter be created in accordance with the statutes of Michigan and the charter of the City of Livo ni a Section 2.05 Department The word "department" as used herein shall include the Police Department, the Chief of Police, and his duly authorized representatives. Section 2.06 General Words used in the singular number include the plural number Words used in the plural number include the singular number Section 2.07 Individual Dog License The term "individual dog license" means the licenses of one or several dogs as required by this ordinance, but does not Ims include the licensing of dogs under a kennel license as provided in this ordinance Section 2.08 Owner. When applied to the proprietorship of a dog, the words "owner" and "owning" shall include and pertain to every person having a right of Page 1662 property in such dog, and every person who keeps or harbors such dog or has it in his care, and every person who permits such dog to remain on or about any premises occupied by him imm Section 2 09 Person. The term "person" shall include every natural person, firm, corporation, association or co-partnership Section 2.10 Police Officer. The term "police officer" shall mean any person employed or elected by the State of Michigan, the City of Livonia or the County of Wayne, hose duty it is to preserve peace or to make arrests or to enforce the law, and shall include a Dog Warden of the City. Section 2.11 Reasonable Control A dog shall be deemed to be under "reasonable control" when said dog is with the owner or some member of the owner's family, or some other person with pe rmission of the owner A dog shall be deemed not to be under "reasonable control" when it commits damage to the person or property of anyone other than the owner, except in the defense of the owner, his family, or his property; or, in the case of a female dog while in heat, off the premises of the owner, unless confined in the process of being transported to or from such premises. Section 2.12 Running at Large The words "running at large" shall constitute the status of any dog off the premises of the owner thereof; provided however, that a dog under reasonable control shall not be considered to be running at large ARTICLE 4.00 - KENNEL LICENSES Section 4.01 Licenses Required No person shall maintain or operate a kennel without first obtaining a license in the manner hereinafter provided imp Section 4.02 Applications All applications for kennel licenses shall be filed with the Department on a form prepared and supplied by the State Commissioner of Agriculture. The application for a kennel license shall be made on or before June 1st of each year. The Department shall not issue a kennel license unless the applicant therefor shall furnish an inspection certificate signed by the State Commissioner of Agriculture, or his authorized representative, stating that the kennel to be covered by the license complies with the reasonable sanitary requirements of the Commissioner of Agriculture, and that the dogs therein are properly fed and protected from exposure commensurate with the breed of the dog Such inspection shall be made not rare than thirty (30) days before filing the application for the license. The application shall also give permission for any duly authorized officer or representative of the City or County to inspect said premises, in accordance with such rules and regulations as may be promulgated by the Commissioner of Agriculture All kennel licenses hereafter issued shall expire on the 31st day of May in the year following their issuance. Section 4.03 Fees Fees for kennel licenses shall be as follows: (a) Seven dollars and fifty cents ($7 50) for ten (10) dogs or less. (b) Fifteen dollars ($15.00) for more than ten (10) dogs. (c) Late applications When an application is made for a kennel license after June 1st, or in the case of a kennel established after May `,.,, 31st, more than thirty (30) days after such kennel has been established, an additional fee of Five dollars ($5 00) shall be charged for each kennel license applied for. Page 1663 All license fees shall be paid to the City Treasurer; provided, however, that the City ILs Treasurer may designate and authorize certain officers or employees of the Department, including the Dog Warden, to accept such fees in the name of the City Treasurer and to issue proper receipts therefor Section 4 04 Issuance of Licenses Kennel licenses shall be issued by the Department on filing and approval of proper applications, on payment of the required fees, and on full compliance with the provisions of this ordinance, provided, however, that the City Clerk may designate and authorize certain officers or employees of the Department to issue and sign such licenses, which such agent shall be an authorized representative of the Commissioner of Agriculture Section 4.05 Zoning Ordinance No kennel license shall be issued or trans- ferred until the Bureau of Inspection of the City has certified that the maintenance and operation of such kennel is in full compliance with the provisions of the Zoning Ordinance, also known as Ordinance No 60 of the City The words "accessory uses", as used in said Zoning Ordinance, shall include kennels, together with all shelters, build- ings, yards, pens and runways incidental thereto, all of which shall be subject to the same provisions of said Zoning Ordinance as are applicable to accessory uses in districts in which kennels are permitted Provided, however, that this section shall not be deemed to prevent the licensing of a kennel which was in existence prior to the enactment of the Zoning Ordinance, even though it now constitutes a non-conforming use, where the owner of such kennel complies, or has complied with other applicable provisions of the Zoning Ordinance, in particular Sections 4.17 and 4.18 thereof. Section 4.06 License Not Transferable. Kennel licenses shall not be trans- itferable. Any kennel license shall automatically expire upon the sale, transfer or other disposition by the owner of the kennel for which such license was issued Pro- vided, however, that any person who becomes the owner of an existing kennel, shall not be denied a license of his own, upon proper application be made, and performance of requirements fixed by this ordinance Section 4.07 Posti , of License Each kennel license shall be posted in a conspicuous place on the premises where the kennel is maintained. ARTICLE 8.00 - GENERAL PROVISIONS Section 8.02 Operation of Kennels All dogs in a kennel shall be provided with sufficient housing to protect them from the elements, commensurate with the breed of dog. No dog shall be so penned, caged, boxed, housed or kept that reasonable, ade- quate outside runs, pen or yards are not individually available to such dog for his exercise, health and well-being, commensurate with the breed of dog. There shall be a dwelling situated on the premises on which any kennel is located, in which dwelling there shall reside such person or persons as is or are responsible for the care, up- keep and control of dogs co nt wined in such kennel Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent to give this ordinance full force and effect. Section 3 Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remain- ing portion of this ordinance. Page 1664 The foregoing ordinance was placed on the table for consideration at the next regular meeting of the Council By Councilman Kleinert, seconded by Councilman Whitehead and unanimously adopted, it was #1845 RESOLVED, that , pursuant to Act No. 172, P. A., 1953, Section 10, and Ordinance No 76, as amended, the City Clerk is hereby authorized to prepare refund vouchers, payable to all persons who have made application for a kennel license under Ordinance No 76 of the City of Livonia. The City Clerk, Marie W. Clark, read a letter from Gustave A Raupp, et al, dated October 22, 1954, together with report of Department of Public Works dated November 3, 1954. By Councilman Carey, seconded by Councilman Whitehead and unanimously adopted, it was #1846 RESOLVED, that the petition of Gustave A Raupp, et al, be referred back to the Department of Public Works for a complete report at the next regular meeting of the Council, November 22, 1954. A recess was called at 9:33 P M , after which the meeting resumed with all members present who were named as present in the original roll call of this meeting By Councilman Carey, seconded by Councilman Jones and unanimously adopted, it was #1847 RESOLVED, that Petition No. V-7 of Marjorie Ferry and Peter W. Decker and wife, to vacate Sunset Avenue north of Robert Avenue in J F Ferry Subdivision, be referred to the City Planning Commission for action according to law and Ordinance No. 29. The City Clerk read a letter dated October 22, 1954 from the Northeast Livonia Civic Association, which was received and placed on file The City Clerk presented a letter from the Mayor dated November 1, 1954, and Councilman Kleinert made a statement in answer to same By Councilman Jones, seconded by Councilman Killam and unanimously adopted, it was #1848 RESOLVED, that the letter from the Mayor dated November 1, 1954, be referred to the Committee of the Whole for farther study Page 1665 The City Clerk, Marie W Clark, read a letter dated November 4, 1954, Ihm pertaining to control of solicitors in Livonia By Councilman Edgar, seconded by Councilman Whitehead and unanimously adopted, it was #1849 RESOLVED, that the City Clerk's letter dated November 4, 1954, regarding the need for an ordinance to regulate solicitors in Livonia is hereby referred to the Committee of the Whole. The City Clerk read a letter dated November 6, 1954 from the Melody Manor Residents' Association, DeLoris E Moore, Secretary. By Councilman Kleinert, seconded by Councilman Carey and unanimously adopted, it was #1850 RESOLVED, that the City Clerk and Mr. George Haller be directed to acknowledge receipt of the letter from the Melody Manor Residents' Association and advise them that the Council 's action was in accordance with the recommendation of the Wayne County Road Commission and the Michigan State Highway Department. The City Clerk read a letter from the Michigan Liquor Control Commission dated October 8, 1954. By Councilman Edgar, seconded by Councilman Killam and unanimously adopted, it was #1851 RESOLVED that, pursuant to a oo mmunic ation from the Liquor Control Commission dated October 8, 1954, the City Council does hereby approve the request from Joseph J. Bargagna for dropping William H Brown from partnership on 1954 SDD and SDM licenses at 28287 Plymouth Road, Livonia, Michigan The City Clerk read a letter dated November 4, 1954 from G. W. Sanders, regarding the services of a traffic engineer By Councilman Carey, seconded by Councilman Whitehead and unanimously adopted, it was #1852 RESOLVED, that the letter from G W Sanders, 33160 Rayburn Avenue, Livonia, Michigan, be referred to the Mayor Imr By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was Page 1666 #1853 RESOLVED, that the Parks and Recreation Department is hereby authorized to negotiate for "options to buy" for park sites adjacent to actual or proposed school sites in Sections 3, 13, 16, 22, 24, 32 and 35, and to submit these options together with their recommendations to the Council for approval. By Councilman Kleinert, seconded by Councilman Killam, it was #1854 RESOLVED, that WHEREAS, the budget for the coming fiscal year, 1954-55, having been approved and adopted with certain sums being listed for capital ex- penditures in anticipation of various revenue receipts, and WHEREAS, all funds immediately available are required for usual operating expenses, BE IT HEREBY RESOLVED, that all departments be and hereby are directed to make m requisitions against such capital expenditure budget accounts without approval of the Council or until such time as this resolution is rescinded A roll call vote was taIn on th e foregoing resolution with the following result: AYES: Edgar, Carey, Whit ehead, Kleiner t, Killam, Jones and Daugherty. NAYS. None Councilman Jones made the following statement . "I wish to state at this time that I have attempted to place before this Honorable Body a letter to be spread upon the minutes from DeLores E Moore, secretary of the Melody Manor Residents' Association, and having failed to receive support that such letter be spread upon the minutes, I wish to make this statement so that all residents of the City of Livonia can be fully aware that this letter correctly affects better traffic conditions and the safety of the children of the City of Livonia." President Daugherty replied: "Speaking for the entire Council, I will say that the letter from the Melody Manor Residents' Association is to be answered by the City Clerk and the legal advisor for the Council , in conformance with the unanimous vote of the City Council " On motion of Councilman Carey, seconded by Councilman Whitehead and unanimcu sly adopted, this 130th re gular meeting of the City Council was duly Page 1667 adjourned, the time of this adjournment being 10:50 P M , November g, 1954. Imi Marie W. Clark, City Clerk Attested. • J• ' Daugherty, President oft ouncil 111111, a111 . 41 g au.A 4C".....'"...... Rudolf Kleinert, Vice President of the Council.