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HomeMy WebLinkAboutCOUNCIL MINUTES 1951-09-10 Page 496 MINUTES OF THE FORTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA III On September 10, 1951, above meeting was held at 33110 Five Mile Road, Livonia, Michigan, and was ca_led to order at approximately 8.03 P.M. by the President of the Council, Harry S Wolfe Roll was called with the following result: Present-- Harry S Wolfe, Raymond E Grimm, Wilson iti Edgar, Nettie Carey, William Taylor and John Whitehead Absent-- Harvey Jahn. Minutes of the Forty-Seventh Regular Meeting of the Council held on August 27, 1951, were read and approved Councilman Grimm as Chairman of a special committee consisting of himself, Councilman Whitehead and Councilman Edgar submitted a report on the matter of establishing a local chapter of the Loyal Order of Moose By Councilman Carey, seconded by Councilman Taylor and unanimously adopted as IIIfollows, it was. /9--&3 ? RESOLVED, that the report of the committee on a local chapter of the Loyal Order of idoose be accepted and filed With the consent of all present, President Wolfe suspended the order of business to consider bids on paving of Deering and declared the period for submitting bids expired The City Clerk opened and read bids on the construction of paving on Deering Avenue from Plymouth toad to Wadsworth as follows . (1) Bid received from Don Wells, Inc. On advertised specifications as prepared by City Engineer $15,308.00 On alternate specifications suggested by bidder . $13,713.00 By Councilman Carey, seconded by Councilman Taylor and unanimously IIIadopted as follows, it was . Page 497 /9- °1-4 RESOLVED, that the bids on the paving of Deering be referred to the City Engineer for his study and recommendations and that he be requested to discuss this matter with Argonaut Realty Division of General Motors Corporation With the consent of all present, the Council returned to its regular order of business By Councilman Taylor, seconded by Councilman Whitehead and unanimously adopted as follows, it was . 1 ( // RESOLVED, that the terms and conditions governing the construction of an extension to Sewage Disposal System No 1, as set forth in letter dated August 31, 1951, addressed to Louis Savage and signed by Harry S Wolfe as acting i+payor and letter of August 31, 1951, addressed to Hubbell, Roth & Clark, Inc., likewise signed by Harry S Wolfe as acting Mayor, be and hereby are approved, and construction of the extension is hereby authorized by the City of Livonia on acceptance of such terms and conditions By Councilman Grimm, seconded by Councilman Taylor and unanimously adopted as follows, it was- 149-4 as" RESOLVED that, it appearing that the Council has previously approved the final plat of Rosedale Gardens No. 9 Subdivision, subject to the making of improvements or furnishing a bond in lieu thereof; and it further appearing that, by letter dated September 10, 1951, signed by Harold Hamill, City Engineer, and addressed to Lester .French, Director of Public Works, all of the required improvements have been installed and approval of the plat recommended, the Council does hereby approve such plat and authorize the City Clerk to affix her signature to the plat as evidence of such approval By Councilman Grimm, seconded by Councilman Carey and unanimously adopted as follows, it was : 69-5 RESOLVED, that on recommendation of the Police Chief dated August 31, 1951, petition of Melvin A and Reino B Keranen for wholesale beer and wine license, which petition is dated August 9, 1951, is hereby denied By Councilman Taylor, seconded by Councilman Carey and unanimously adopted as follows, it was } Page 498 / 64/4/ RESOLVED, that the request of L. J. Hamill dated September 5, 1951, for permission to have the Wayne County Drain Commissioner perform certain work on property lying West of Farmington Road between Schoolcraft and Chesapeake & Ohio Railroad was referred to the City Engineer for a report at the next Council meeting By Councilman Taylor, seconded by Councilman Edgar and unanimously adopted as follows, it was . /4 6i(5-RESOLVED, that on application of Dallas Hay, Director of Civilian Defense, the sum of $770 00 is hereby appropriated to the Office of Civilian Defense from the Contingency Fund as an additional allowance fcr the purchase of strategic materials The result of the roll call vote on the foregoing resolution was as follows . AYES. Grimm, Edgar, Taylor, Carey, Whitehead & Wolfe NAYS• None. A ten minute recess was taken at 9:30 p.m., following which the meeting was continued with all members present who were named as present in the roll call of this meeting. With the consent of all present, the rules were suspended in order to hear from James L. Hagen, Director of Public Safety By Councilman Edgar, seconded by Councilman Carey and unanimously adopted as follows, it was ; 'ZESOLVED, that the sum pf $1100.00 is hereby appropriated from the Contingency Rind to the Police Department to be used f r equipment and air maps The result of the roll call vote on the foregoing resolution was as follows : AYES: Grimm, Edgar, Taylor, Carey, Whitehead & Wolfe. NAYS. None With the consent of all present, the Council returned to its regular order of business Petition No. 33 to vacate an alley was tabled until the next regular meeting Page 199 By Councilman Edgar, seconded by Councilman Carey and unanimously adopted as follows, it was : f9 6, 4,/ RESOLVED, that on petition of Coventry Corporation, No 34, and other petitions, and on its own motion, the Council does hereby deem it advisable to vacate all of Fordson Highway within the City of Livonia, said highway being situated in the Southeast 1/4 of Section 16 and the North 1/2 of Section 22, Town 1 South, Range 9 East; and this matter is referred to the City Planning Commission for hearing thereon and recommendation pursuant to Ordinance No 29 By Councilman Whitehead, seconded by Councilman Taylor and unanimously adopted as follows, it was: I lvyg RESOLVED, that petition of Margaret Rye, No 23a, for re-hearing on application for change of zoning classification is hereby referred to the City Planning Commission for its report and recommendations By Councilman Grimm, seconded by Councilman Edgar, and unanimously adopted as follows, it was . !o `I 9 RESOLVED, that the City of Livonia open a special account with First National Bank of Plymouth, Livonia Branch, under the entitlement of Justice Court of the City of Livonia; that all moneys and funds received by the Justice Court, not including funds received by the Violation Bureau, be deposited in such account; and that all disbursements from such account be made in accordance ,rith the City Charter and on checks to be signed by either Leo 0 Nye, Justice of the Peace or Carl J Wagenschutz, City Treasurer. The result of the roll call vote on the foregoing resolution was as follows AYE.S• Grimm, Edgar, Taylor, Carey, Whitehead & Wolfe NAYS: None By Councilman Whitehead, seconded by Councilman Taylor and unanimously adopted as follows, it was /9- 454° RESOLVED, that all accounts of the City of Livonia, now maintained with first National wank of Plymouth at Plymouth, 'ichigan, be transferred to the branch of said bank located at Livonia, '_'ichigan, and that the City Treasurer do all things necessary to effect such transfer Ill The result of the roll call vote on the foregoing resolution was as follows AYES. Grimm, Edgar, Taylor, Carey, Whitehead & Wolfe NAYS: None Page 500 By Councilman Taylor, seconded by Councilman Grimm and unanimously Iliadopted as follows, it was . /9- L95/ RESOLVED, that the City of Livonia does hereby accept the proposal of the Board of County Road Commissioners for the County of Wayne, as contained in a letter dated August 28, 1951, written by said board to the Cit'; of Livonia and pertaining to installation of traffic light at Eight Mile and Middlebelt Roads, that the sum of $290.00 is hereby appropriated from the Contingency Fund to be used as the City's share of the cost of such installation; and that said amount be considered as an additional allowance to the Department of Public Works The result of the roll call vote on the foregoing resolution was as follows . AYES. Grimm, Edgar, Taylor, Carey, Whitehead & Wolfe NAYS. None The City Clerk presented to the Council a bill fromIT y Gale, Inc , Electrical Contractors, for installing five flood lights By Councilman Carey, seconded by Councilman Whitehead and unanimously adopted III ._., as follows, it was . q ('5� RESOLVED, that a committee of two be appointed to work with the Director of Public Safety in contacting the Michigan Racing Association on cost of flood lights The P'•esident then appointed to the last mentioned committee, Councilmen Taylor and Edgar By Councilman Grimm, seconded by Councilman Edgar and unanimously adopted as follows, it was : /9"-k-1.5 RESOLVED, that the application of Michigan Bell Telephone Company received September 6, 1951, and identified as job order No. K-6-1862 be approved and the City Clerk is hereby authorized to issue a permit in accordance therewith Mr Vincent Veltman and his attorney, Mr Markle, appeared before the Council and discussed location of newlace of business under existing g Class C license By Councilman Taylor, seconded by Councilman Carey and ILunanimously adopted as follows, it was A- (5y RESOLVED, that Mr Jeltman's request be tabled until the next meeting of the Council Page 501 Letter from Lirs Robert F Parrish,expressingg appreciation of the City of Livonia's Recreational Program, was received and placed on file and the City Clerk was directed to acknowledge the same. lith the consent of all present, the clerk was also instructed to write to the Director of Public Safety requesting that he cause the existing Hunting Ordinance to be strictly enforced and that he work with the City Attorney to prepare no hunting signs and proper notices in the newspaper By Councilman Edgar, seconded by Councilman Carey and unanimously adopted as follows, it was : q 6&--5- RESOLVED, that no person be permitted to excavate or perform any work in any public street, alley or thoroughfare without written permission from the Department of Public ,orks, such permission may be granted on filing such cash deposit and furnishing such insurance as may be required by said department; and that the City Attorney is instructed to prepare an ordinance on this subject Report of the Justice Court for August, 1951, was received and placed on file Councilman Taylor introduced the following ordinance: NO. AN ORDINANCE TO AI:1ND SECTIONS 11 .0, 21 0, 27 0, 28 0, 29 0, 30 0, 31 0, 34 0, and 35 0 OF ORDINANCE NO 12 OF THE CITY OF LIVONIA, ENTITLED "AIS ORDINANCE REGULATING AND LICENSING CERTAIN BUSINESSES IN THE CITY OF LIVONIA AND PROVIDING PENALTIES FOR VIOLATION T.HREOF" THE CITY OF LIVONIA ORDAINS. Section 1 Sections 14 0, 21 0, 27 0, 28.0, 29 0, 30 0, 31.0, 34.0 and 35.0 of Ordinance No 12 of the City of Livonia, entitled An Ordinance Regulating and Licensing Certain Businesses in the City of Livonia and Providing Penalties for Violation Thereof", are hereby amended to respectfully read as follows. Page 502 Section 14 0 Produce ierchants 14 1 The term "produce merchants" s>all include any person or persons selling vegetables, eggs, fruits and farm products of all lands 14 2 It shall be unlawful for any person, firm or corporation, either as principal or agent, to engage in the business of a produce merchant in the City of Livonia without first having obtained a license it the manner herein provided 14 3 No license shall be granted to engage in the business of a produce merchant until there has been full compliance with all of the ordinances, rules and regulations of the City of Livonia and until there has been a proper certification by the Chief of Police and health officer 14 4 The following classes of licenses shall be issued to produce merchants . Class A. Any person who resides on land within the City of Livonia, which is either owned by him or which is leased for a period of at least one (1) year, and who sells only what he grows or produces on such land, shall receive a Class A license. Class B. Any person who resides on land within the City of Livonia, which is either owned by him or which is leased for a period of at least one (1) year, ard who sells on such land products of which at least 50% have been raised or produced on such land, shall receive a Class B license Class C. Any person who resides on land within the City of Livonia, which is either owned by him or which is leased for a period of at least one (1) year, and who sells products of which less than 50 have been raised ar produced by him on land awned or leased by such person within the City of Livonia, shall receive a Class C license. The percentage as above referred to shall be computed on the retail prices of such products. 14 5 Eo person shall be entitled to a license under this section unless he keeps and maintains satisfactory records upon which there may be a determination made as to whether such person is entitled to a license under this section and as to what classification of license shall be issued Section 21 0 Dry Cleaning, Pressing, Dyeing or Operating a Laundry 21 1 No person shall violate any law of the State of Yiichigan nor any rule or regulation adopted by any duly authorized agency of the State of :IL chigan pertaining to dry cleaning, pressing, dyeing or operating a laundry Page 503 21 2 No person shall carry on any business of dry cleaning, pressing, dyeing or o.,erating a laundry, or picking up or delivering any articles to be dry cleaned, pressed, dyed or laundered, without first obtaining a license therefor in the manner provided for in Section 30.0 of this ordinance 21 3 No such license shall be granted except upon certifi— cation by the Fire Chief and the Police Chief that the premises and delivery equipment comply writh the requirements of the state and of the city pertaining thereto Section 27 0 Pedders and Transient 'Merchants 27 1 The term "peddler" as used in this ordinance shall mean any person who goes about from place to place, selling or offering for sale, goods, wares, merchandise, and all kinds of property, traveling on foot or in vehicles, and selling from house to house or by crying his wares from the street Such term shall include "hawkers" and "hucksters." 27 2 The term "transient merchant" as used in this ordinarc e shall mean any person, firm or corporation engaged temporarily in a retail sale of goods, bares or merchandise, in any place in this City and who, for the purpose of conducting such business, occupies or uses any lot, building, room, structure of any kind or any vehicle Such term shall include: (a) "itinerant merchants"; (b) "Itinerant vendors", (c) persons, firms or corporations who shall be engaged in selling goods, wares or merchandise at retail in this City and who are not on the tax rolls of this City; and (d.) any person, firm or corporation who commences a business of selling goods, wares and merchandise at retail within this City after the first day in January in any year and who is not assessed on the tax roll for such year The term "transient merchant" shall not include any produce merchants to whom a Class Al B and C license shall have been issued under Section 114.0 of this ordinance 27.3 It shall be unlawful for any person, firm or corporation, either as principal or agent, to engage in business as a pedcU r or transient merchant in the City of Livonia without having first obtained a license in the manner herein provided 27 14 No license shall be granted except upon certification of the Chief of Police and Health Officer 27 5 Before any license, as provided by this ordinance, shall oe issued for engaging in the business of a peddler or a transient merchant, the applicant shall file with the City Clerk the following instruments: Page 50 .5. 1.1 (a) A Cash or surety company bond running to the City f_ of Livonia in the sum of One Thousand Dollars ($1,000.00), conditioned on full compliance by applicant with all the fr IL provisions of the ordinances of the City of Livonia and ; the statutes of the State of Liici-rigan, regulating and concerning the sale of goods, wares and merchandise, and further conditioned on prompt payment by applicant of all judgments rendered against applicant for any violation of said ordinances or statutes, or any of them, together with - all judgments and costs that ma;, be recovered against such applicant by any person or persons for damage growing out of any misrepresentations of applicant or of applicant's agents or servants, ether at the time of sale or through any advertisement of any character whatsoever i= (b) An instrument appointing the City Clerk as the true t: and lawful agent of applicant with full power and authority to accept service of process for and on behalf of applicant in respect to any matters con.:ected with or arising out of ,' the business transacted under said license and the bond , required by this ordinance, or for the performance or breach of any of the provisions thereof, with the result that service on said agent shall be a valid as if personally I. served on the applicant Said instruments shall be in such form as may be approved by Pe' the City Attorney Action on said bond may be brought in the name 111 of the City for the use of the aggrieved persons. On receipt of any process, the City Clerk shall promptly send a copy to applicant, by registered main directed to the address stated in the application for such license 27.6 No license to engage in business as a peddler ar transient merchant shall be granted to any person unless a complete set of fingerprints of such person and of any person assisting him are on file in the non-criminal identification file of the Police Department 27 7 No licensee shall be entitled to more than one helper on foot for each vehicle used in said business 27 8 No person shall sell or peddle fresh meat upon any street, alley or public place 27 9 No peddler shall stop or remain in any one place upon any street, alley or public place longer than necessary to make a sale 'or a customer wishing to buy Section 28 0 Second-Hand Merchants 28.1 No person shall engage in the business or occupation of 111 dealing in second-hand or used personal property, not including second-Mand or used automobiles, without first obtaining a license therefor. No such license shall be granted except upon certification of the Police Chief and Tire Chief Page 505 28 2 No licensee shall purchase or receive any article, (a) from any person under the age of 17 years, without 111 the written consent of parent or guardian, or (b) from a person known or suspected to be a thief or a receiver of stolen property 28 3 No licensee shall fail to keep a daily record of all persons with whom he does business and of all property caning into his possession together with a record of the disposition of e ach article, nor shall any licensee fail to report same weekly to the Police Chief on forms prescribed by the State or by the Police Chief The Police Chief shall at all times have access to such daily record Section 29.0 Gasoline Service Stations 29.1 No person shall violate any law of the State of Michigan nor any rule or regulation adopted by any duly authorized agency of the State of Michigan pertaining to gasoline service stations 29 2 The term "gasoline service station" shall mean any premises, including all buildings and structures thereon, devoted to selling or dispensing at retail or wholesale gasoline or volatile liquids as fuel for any motor propelled vehicle, watercraft or air- craft 29 3 No person shall conduct, operate or manage a gasoline service station without first obtaining a license therefor in the manner provided for in Section 30 0 of this ordinance 29 !t No license required by this ordinance shall be granted except upon certification by the Fire Chief and Police Chief. 29 5 No gasoline service station, doing business at retail or wholesale, shall hereafter be constructed or opened for business within a radius of 100 feet of any school building, public park or playground, church, theatre, or any other public place where the public frequently gathers in large number; provided, that this sub-section shall not extend to any gasoline station operating or in the process of being constructed at the time of the adoption of this ordinance. 29 6 No fuel tank shall be filled at a retail gasoline service station except through a hose connected to a pump of a type approved by the Underwriters Laboratories, Incorporated 29 7 No gasoline or inflammable liquid shall be kept or conveyed in open receptacles or in glass bottles or other breakable containers on the premises of a gasoline service station, except in glass bottles of not more than eight ounces capacity used for sample purposes, and shall not be used for cleaning purposes on such premises No glass container gasoline pump shall be installed in any building Page 506 29 8 All combustible waste and rubbish, including crankcase drainings shall be kept in metal receptacles fitted with a tight cover until removed from the premises. 29 9 No gasoline, oil, grease or inflammable liquid shall be allowed to flow into or be placed in the drainage system Oil and grease shall not be allowed to accumulate on the floor. Sawdust shall not be kept in any gasoline service station or place of storage, and sawdust or other combustible material shall not be used to absorb oil, grease or gasoline. 29 10 All gasoline service station proprietors and attendants upon being notified by the Fire Chief of the presence of gasoline or volatile liquids in sewers shall cooperate in ascertaining the reason therefor. Any expense to the City in tracing gasoline leaks shall be paid by the owner of the station or the equipment to which such gasoline leak is traceable. 29 11 There shall be constantly maintained at each gasoline service station, in good working order and fully charged, at least two portable fire extinguishers of such standard type as may be recommended by Underwriters Laboratories and reasonably approved by the Fire Chief 29 12 When a gasoline service station is discontinued or dis— mantled, the owner thereof shall forthwith remove all underground tanks that were used in connection therewith Section 30 0 Fees and Bonds Required. 30.1 The fee required to be paid and the amount of any bond required to be posted to obtain any license to engage in the operation, conduct or carrying on of any business for which a license is required by the provisions of this ordinance shall be based upon the type of orders taken, number of facilities or employees, goods or merchandise sold, or inspection or regulation required and upon the length of time for which such license is issued, and no license shall be issued to any applicant unless he first pays to the proper authority the fee and posts a bond in the amount required for the type of license desired, as indicated in the followings chedule LICENSE, FEE AND BONDS Bowling Alley: First alley, $5.00 per year. Each additional, $1 00 per year. Boxing and Jrestling Exhibition, $10.00 per day. Coal and Coke Each truck, $2.00 per year Dance Hall, $15.00 per year Dance School, $5.00 per year 111 Dry Cleaning, Pressing, Dyeing or Laundry: Fpr each local plant or place of business, $3 00 per year For each delivery vehicle, where plant is not operated within the City of Livonia, $10 00 per year Page 507 Employment Agency, $15 -00 per year Gasoline Service Station First pump, $5 00 per year Each additional pump, $1 00 per year Junk Yard, $100 00 per year Mechanical Amusement Device, $10 00 per year _Mechanical Music Device, $5 00 per year Mechanical lending Device . Machines taking pennies and hackles, $2 50 per year Machines taking pennies, nickles and dimes, $5 00 per year. i:iachines taking coins in excess of dimes, $10.00 per year Peddlers - e,5 00 per day; $25 00 per month; $100 00 per year Bond - $1,000.00 Pool and Billiard Rooms . �Arst table, $5 00 per year. Each additional, $1 00 per year Produce Merchants Class A, $2 00 per year Class B, $10 00 per year. Class C $35.00 per year Second-Hand Iderchants, $25 00 per year Skating Rink, $15 00 per year Theatre (per seat), $ 03 per year Transient Merchant, $10 00 per day, 535 00 per month; $150.00 per year Bond - $1,000 00 30 2 Each peddler licensed under this ordinance shall be entitled to not more than one helper or assistant who shall pay a license fee equal to one-half of the fee paid by such peddler. 30 3 A separate license and fee shall be required for each place of business, location or vehicle used by any transient merchant. Section 31 0 Delivery of Merchandise. 31 1 This ordinance shall not in any way affect or regulate trucks or motor vehicles operated within the City for the following purposes. (a) for the wholesale distribution and delivery of goods, wares and merchandise, and (b) for the delivery to residences of milk, cream, dairy products and baked goods 31 2 This ordinance shall not affect or regulate the sale or distribution of newspapers Section 34 0 Certification. 3L 1 "Certification!' by an officer of the City, as such terms are used in this ordinance, shall mean, in addition to the requirements specifically set forth in this ordinance, that the particular officer involved has examined the application; has caused an investigation to be made in connection with both Page 50$ the applicant and the application; and has found that, in so far as his own department or office, and the powers and functions thereof, are concerned or affected, the granting of the license requested in such application would not conflict with the ordinances, rules and regulations pertaining to such department or office and would not be injurious to the public health, moral, safety and welfare 34 2 The "certification" of an officer, as required by any of the provisions of this ordinance, shall be construed to include the following procedure: (a) Such certification may be made by any of the officers named or by any of their authorized assistants, (b) Prior to certification, each officer of whom such certification is required, or his authorized assistant, shall :cake the investigation and determination required by this section; (c) Certification shall be indicated by writing on the application the word "approved" followed by the name of the certified officer through himself or an authorized assistant and the date of such approval Section 35 0 Penalty 35.1 Every person convicted of a violation of this ordinance shall be punished by a fine of not more than Five Hundred Dollars ($500 00) or by imprisonment for not more than ninety days or both such fine and imprisonment Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense Section 2 Any and all ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed. Section 3. In the event any portions of this ordinance are held invalid for any reason, then such holding shall not affect the remaining portion of this ordinance The foregoing Ordinance was placed on the taole for consideration at the next regular meeting of the Council. Communication from Government and Civic Employee's Organizing Committee dated August 27, 1951, was read and placed on the table Communication from Carson W Johnson dated September 10, 1951, was read and referred to the Department of Public Safety. By Councilman Taylor, seconded by Councilman Grimm and unanimously adopted as follows, it was : Page 509 /9- " (o RESOLVED, that on recommendat. on of the City Engineer, the Council aoes hereby formally accept the work of Thomas Sinacola in installing watei main on Surrey Avenue on Schoolcraft to Department of Public iiorkt s building; does hereby release Mr Sinacola on his bond, refer the matter of payment of the balance of 91051.75 due on such work to the Finance Committee; and does further authorize the City Clerk to do such further things as may be necessary to the complete performance of this resolution The result of the roll call vote on the fore .oing resolution was as follows : AYES• Grimm, Edgar, Taylor, Carey, Whitehead L Wolfe. NAYS. None By Councilman Carey, seconded by Councilman Whitehead and unanimously adopted as follows, it was 4- em-57 RESOLVED, that a letter be written on behalf of the Council to the Detroit YMCA , Metropolitan Office, stating the need far YMCA services in the new City of Livonia and requesting the establishment of a Y M CA in Livonia at the earliest possible date On motion of Councilman Grimm, seconded by Gouncilman Taylor and unanimously passed, the meeting was adjourned 1.15 A L , September 11, 1951 ,�-J / - __ZvtL .:- ' - i Car , City C er de Attested: 1 / Al i Harry .olfe, Pr-'.ident