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HomeMy WebLinkAboutCOUNCIL MINUTES 1983-07-13 20+32 L MINUTES OF THE ONE THOUSAND AND TENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 13, 1983, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:07 p.m. Councilman Taylor delivered the invocation. Roll was called with the following result: Present: Robert E. McCann, Gerald Taylor, Fernon P. Feenstra, Alice Gundersen, Robert D. Bennett, Peter A. Ventura; absent: Robert R. Bishop. Elected and appointed officials present: Edward H. McNamara, Mayor; Robert F. Nash, City Clerk; Patricia Miencier, Deputy City Clerk; Harry C. Tatigian, City Attorney; John J. Nagy, Planning Director; G. E. Siewert, Chief Engineer; Robert Osborn, Director of Public Works; Capt. William Crayk, Police Department; Ted Krauss, Civil Service; Jerome Zimmer, Planning Commission; Sue Daniels, Histori- L cal Commission; Russ Gronevelt, Supt. of Public Service; Jack Dodge, Finance Director; Michael Reiser, Emergency Preparedness Coordinator; and Mildred Wieland, Aging Commission. By Councilman Bennett, seconded by Councilwoman Gundersen, and unanimously adopted, it was #535-83 RESOLVED, that the minutes of the 1009th Regular Meeting of the Council of the City of Livonia, held June 29, are hereby approved. The communication from the Director of Finance dated June 22, 1983, transmitting various financial statements for the month ending May 31, 1983, was received and placed on file for the information of the Council. The following resolutions were offered by Councilman Feenstra and seconded by Councilman Taylor: 20433 #535-83 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated June 22, 1983, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Motorola C. & E. , Inc. , 20300 Civic Center Drive, Southfield, Michigan 48076 for supplying the Public Service Division (Administrative Section) with one UHF Base Station Repeater for a total price of $4,800, the same having been in fact the lowest bid received and meets specifications. #537-83 RESOLVED, that having considered the report and recommendation of the City Engineer dated June 14, 1983 which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, and the attached final construction estimate dated June 14, 1983, the Council does hereby authorize final payment in the amount of $231.24 to P.K. Contracting, Box 324, Mt. Pleasant, Michigan 48858, which sum includes the full and complete balance due on a contract in the amount of $6,322.36, the actual contract amount completed to date being $6,533.60 in connection with the 1983 Lane Line Marking Program, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor's affi- davit, maintenance and guarantee bond have been filed; and for this purpose the Council does hereby transfer the sum of $231.24 from the Public Service Division's Road Maintenance Supplies Account (#202-479-782) to Contractual Service - Striping Roads Account (#202-463-818-110). The Communication from the Kroger Food Stores, dated June 27, 1983, re: installation of sidewalks on Middlebelt Road between Plymouth Road and I-96 Freeway (CR 362-83) was received and placed on file for the information of the Council. #538-83 RESOlVED, that having considered a communication from the Department of Law, dated June 23, 1983, submitted pursuant to Council Resolution 145-83, transmitting for Council acceptance a warranty deed dated June 23, 1983, executed by Haresh M. Amin and Hema H. Amin, his wife, conveying to the City certain property described as follows: The East 26 feet of: That part of the Northeast 1/4 of Section 8, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point on the East line of said Section distant South 0 degrees 16 minutes 30 seconds East 912.0 feet from the Northeast corner of Section 8 and proceeding thence South 0 degrees 16 minutes 30 seconds East along said East line 130.0 feet; thence South 89 degrees 44 minutes 10 seconds West 330 00 feet; thence North 0 degrees 16 minutes 30 seconds West 130.0 feet; thence North 89 degrees 44 minutes 10 seconds East 330.00 feet to the point of beginning. Wayne County Bureau of Taxation Parcel 08A3a2. (Wayne Road right-of-way) the Council does hereby determine, for and on behalf of the City of Livonia to accept the aforesaid warranty deed and the City Clerk is hereby request- ed to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; further, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City- owned and tax exempt. 20434 #539-83 RESOLVED, that having considered a communication from the Depart- ment of Law, dated June 21, 1983, approved by the City Engineer and the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Camden Avenue right-of-way located in Section 25, owned by John McLeod and Janet McLeod, his wife, which land is more particularly described as follows: East 30 feet of the North 60.0 feet of the South 502.0 feet of the West 220.0 feet of the East 1/2 of the Southwest 1/4 of Section 25, City of Livonia, Wayne County, Michigan. (Camden Avenue right-of-way - Part of Bureau of Taxation Parcel 25Q39a) subject to the following conditions: (1) that the purchase price shall be in the sum of $850.00; (2) that the purchaser shall pay for the cost of title work in the sum of $100.00; (3) that the City's portion of the prorated City, County, County Drain, School and Community College Tax shall be in a sum not to exceed 523.36; BE IT FURTHER RESOLVED, that a sum not to exceed $973.36 is hereby appro- L priated and authorized to be expended from Community Development Block Grant Program Funds for the acquisition of said right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #540-83 RESOLVED, that having considered a communication from the Depart- ment of Law, dated June 21, 1983, approved by the City Engineer and the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Camden Avenue right-of-way located in Section 25, owned by Stella Cartwright, which land is more particularly described as follows: The East 30 feet of the North 120 feet of the South 1,042 feet of the West 220 feet of the East 1/2 of the Southwest 1/4 of Section 25, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan. (Camden Avenue right-of-way - Part of Bureau of Taxation Parcel 25 05a45b) subject to the following conditions: (1) that the purchase price shall be in the sum of $1500.00; (2) that the purchaser shall pay for the cost of title work in the sum of $100.00; (3) that the City's portion of the prorated City, County, County Drain, School and Community College Tax shall be in a sum not to exceed $41.24; 20435 BE IT FURTHER RESOLVED, that a sum not to exceed 51641.24 is hereby ap- propriated and authorized to be expended from Community Development Block Grant Program Funds for the acquisition of said right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #541-83 RESOLVED, that having considered a communication from the Depart- ment of Law, dated June 21, 1983, approved by the City Engineer and the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Camden Avenue right-of-way located in Section 25, owned by Ronald Henry Lee and Chris- tine Hayward Lee, his wife, which land is more particularly described as follows: The East 30 feet of the North 40.0 feet of the South 1,082.0 feet of the West 220.0 feet of the East 1/2 of the Southwest 1/4 of Section 25, City of Livonia, Wayne County, Michigan. (Camden Avenue right-of-way - Part of Bureau of Taxation Parcel 25Q45c). subject to the following conditions: (1) that the purchase price shall be in the sum of $500.00; (2) that the purchaser shall pay for the cost of title work in the sum of $100.00; (3) that the City' s portion of the prorated City, County, County Drain, School and Community College Tax shall be in a sum not to exceed $15.85; BE IT FURTHER RESOLVED, that a sum not to exceed $615.85 is hereby appro- priated and authorized to be expended from Community Development Block Grant Program Funds for the acquisition of said right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #542-83 RESOLVED, that having considered a communication from the Depart- ment of Law, dated June 21, 1983, approved by the City Engineer and the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Camden Avenue right-of-way located in Section 25, owned by Joseph Sergi, which land is more particularly described as follows: East 30 feet of the North 40.0 feet of the South 682.0 feet of the West 220.0 feet of the East 1/2 of the Southwest 1/4 of Section 25, City of Livonia, Wayne County Michigan. (Camden Avenue right-of-way - Part of Bureau of Taxation Parcel 25841) subject to the following conditions: 20436 (1) that the purchase price shall be in the sum of $500.00; (2) that the purchaser shall pay for the cost of title work in the sum of $100.00; (3) that the City's portion of the prorated City, County, County Drain, School and Community College Tax shall be in a sum not to exceed $15.85; BE IT FURTHER RESOLVED, that a sum not to exceed $615.85 is hereby appro- priated and authorized to be expended from Community Development Block Grant Program Funds for the acquisition of said right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #543-83 RESOLVED, that having considered a communication from the Depart- ment of Law, dated June 21, 1983, approved by the City Engineer and the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Camden Avenue right-of-way located in Section 25, owned by Rouie L. Vincent, which land is more particularly described as follows: East 30 feet of the South 80 feet of the North 120.0 feet of the South 1,282.0 feet of the West 220.0 feet of the East 1/2 imw of the Southwest 1/4 of Section 25, City of Livonia, Wayne County, Michigan. (Camden Avenue right-of-way - Part of Bureau of Taxation Parcel 25Q47,48) subject to the following conditions: (1) that the purchase price shall be in the sum of $900.00; (2) that the purchaser shall pay for the cost of title work in the sum of $100.00; (3) that the City's portion of the prorated City, County, County Drain, School and Community College Tax shall be in a sum not to exceed $32.43; BE IT FURTHER RESOLVED, that a sum not to exceed $1032.43 is hereby appro- priated and authorized to be expended from Community Development Block Grant Program Funds for the acquisition of said right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #544-83 RESOLVED, that having considered a communication from the Depart- ment of Law, dated June 21, 1983, approved by the City Engineer and the Director of Finance and approved for submission by the Mayor, the Council Iwo does hereby authorize the Department of Law to acquire Camden Avenue right-of-way located in Section 25, owned by Dale L. Read, Jr. and Colleen M. Read, his wife, which land is more particularly described as follows: 20437 The East 30 feet of the North 60.0 feet of the South 562.0 feet of the West 220.0 feet of the East 1/2 of the Southwest 1/4 of Section 25, City of Livonia, Wayne County, Michigan. (Camden Avenue right-of-way - Part of Bureau of Taxation Parcel 25039b)• subject to the following conditions: (1) that the purchase price shall be in the sum of $700.00; (2) that the purchaser shall pay for the cost of title work in the sum of $100.00; (3) that the City's portion of the prorated City, County, County Drain, School and Community College Tax shall be in a sum not to exceed $23.36; BE IT FURTHER RESOLVED, that a sum not to exceed $823.36 is hereby appropriated and authorized to be expended from Community Development Block Grant Program Funds for the acquisition of said right-of-way; and the City Clerk is hereby requested to do all things necessary or inci- dental to the full performance of this resolution. #545-83 RESOLVED, that having considered a communication from the Depart- ment of Law, dated June 23, 1983, approved by the City Engineer and the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Camden Avenue right-of-way located in Section 25 from Agnes A. Gagnon, Donna M. Carrico, John M. Whalen and Kathleen C. Whalen, his wife, which land is more particularly described as follows: The East 30 feet of the North 80.0 feet of the South 842.0 feet of the West 220.0 feet of the East 1/2 of the S.W. 1/4 of Section 25, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan (Camden Avenue right-of-way - Part of Bureau of Taxation Parcel 25Q43) subject to the following terms and conditions (1) that the purchase price shall be in the sum of $900.00; (2) that the purchaser shall pay for the cost of title work in the sum of $100.00; (3) that the City's portion of the prorated City, County, County Drain, School and Community College Tax shall be in a sum not to exceed $31.69; BE IT FURTHER RESOLVED, that a sum not to exceed $1031.69 is hereby appro- priated and authorized to be expended from Community Development Block Grant Program Funds for the acquisition of said right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. 20438 #546-83 RESOLVED, that having considered a communication dated June 28, 1983 from the Department of Law, transmitting for Council acceptance a Quit Claim Deed, dated May 16, 1983, executed by Joseph Smaha, Senior Vice President of Chi-Chi's, Inc., a Minnesota Corp. , for: Part of the S.W. 1/4 of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as follows: Beginning at a point on the North line of I-96 Service Drive (Schoolcraft Road) distant N. 02°21'17" W. 117.00 feet along the west line of Section 24 and N. 88°08'02" E. , 331.04 feet from the S.W. corner of said Section 24; thence S. 01°51'58" E., 15.0 feet; thence N. 86°33'16" E. , 60.0 feet; thence N. 79°19'15" W., 61.44 feet to the Point of Beginning (Schoolcraft Road right-of-way); the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deed and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. #547-83 RESOLVED, that having considered a communication from the President of the Nottingham Woods Civic Association dated June 15, 1983, requesting permission to close Canterbury Drive at Six Mile Road and Can- terbury Drive at Balmoral and Cambridge Drives on Saturday, August 6, 1983 between the hours of 4:00 p.m. and 10:00 p.m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to approval of the Police Department. #548-83 RESOLVED, that having considered a letter from the Coventry Gardens Improvement Association dated June 21, 1983, wherein a request is submitted for the initiation of a street improvement program for the Coventry Gardens and Coventry Woods subdivisions, the Council does hereby refer this item to the Engineering Division for its report and recom- mendation. #549-83 RESOLVED, that having considered a communication from the officers and directors of the Livonia Heart Fund, dated June 17, 1983, with regard to the Annual Livonia Heart Fund golf outing scheduled to be conducted on September 14, 1983 at the Whispering Willows Municipal Golf Course, the Council does hereby determine to authorize the closing of the said golf course on this date to the public for the purpose of conducting the said golf outing; further, the Council does hereby authorize the waiving of all greens fees for those participating in this event and requests that the golf pro and the Superintendent of Parks and Recreation do all things necessary or incidental to the full performance of this resolution. 20439 #550-83 RESOLVED, that the City Council of the City of Livonia does hereby approve of the closing of Hines Drive to all motor traffic within the corporate limits of the City of Livonia on Saturday, September 10, 1983 from 8:00 a.m. to 4:00 p.m. and in this regard requests that the Wayne County Road Commission take such action as may be required to implement this action; and the City takes this means to indicate that it will assume liability for any damage claims which may arise as a result of the said road closure, and Mayor Edward H. McNamara is hereby designated and authorized to sign the permit documents for and on behalf of the City of Livonia. #551-83 RESOLVED, that the Council does hereby request that the Department of Law prepare an amendment to Sec. 12.16.010.42 of the Livonia Code of Ordinances, as amended, for submission to Council, so as to rename and redesignate the "Christopher Columbus Park" in Section 4 to the "Ben Celani Recreation Area." #552-83 RESOLVED, that the Council does hereby request that the Depart- ment of Law prepare an amendment to Sec. 12.16.010.18 of the Livonia Code of Ordinances, as amended, for submission to Council, so as to rename and redesignate the "Veterans' Memorial Park" in Section 21 to the "John Stymelski Veterans' Park." #553-83 RESOLVED, that the City Council takes this means to indicate that it will contact the regional office of HUD in order to ascertain under what current conditions the City of Livonia may be authorized to sell, swap or trade land acquired as a park-site as part of a federal program, such information to be utilized particularly with respect to the proposed sale, swap or trade of a City park-site in conjunction with the proposal of the Livonia Apostolic Church to build an unsubsidized senior citizens' housing project. #554-83 RESOLVED, that having considered a communication dated June 29, 1983 from John Carney, Attorney at Law, submitted in behalf of his client, Mohamed Sayed, with regard to Petition 83-6-2-22 requesting permission to utilize an SDD License within a party store as a waiver use on property zoned C-1 to be located on the west side of Middlebelt between Schoolcraft and Bentley in Section 23, the Council does hereby designate Wednesday, August 17, 1983 at 8:00 p.m. as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. #555-83 RESOLVED, that having considered a communication dated June 29, 1983 from John Carney, Attorney at Law, submitted in behalf of his client, Mohamed Sayed, with regard to Petition 83-6-2-23 requesting permission to utilize an SDM License within a party store as a waiver use on property zoned C-1 to be located on the west side of Middlebelt between Schoolcraft and Bentley in Section 23, the Council does hereby designate Wednesday, 20440 August 17, 1983 at 8:00 p.m. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. #556-83 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934; MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Wednesday, August 17, 1983 at 8:00 p.m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 83-5-6-3 submitted by the City Planning Commission on its own motion to amend Section 11.03(q) of Zoning Ordinance 543, so as to revise the regulations concerning enclosed theaters in C-2 Zoning Districts, the City Planning Commission in its resolution 6-127-83 having recommended to the City Council that Petition 83-5-6-3 be approved; (2) Petition 83-5-1-14 submitted by Giuliano Soave for a change of zoning of property located on the west side of Gill Road, North of Seven Mile Road in the Southwest 1/4 of Section 4, from RUFB to P.S. and R-3 to R-6, the City Planning Commission in its resolution 6-119-83 having recommended to the City Council that Petition 83-5-1-14 be denied; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. Iwy A roll call vote was taken on the foregoing resolutions with the following result: AYES: Taylor, Feenstra, Gundersen, Bennett, Ventura, McCann NAYS: None 20441 On a motion by Councilwoman Gundersen, seconded by Councilman Bennett, and unanimously adopted, it was #557-83 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated June 10, 1983, approved by the Director of Finance and approved for submission by the Mayor and the attached final authorization for payment estimate dated June 10, 1983, wherein it is recommended that final payment be made to Boston Tile and Terrazzo Company, 2371+0 Grand River Avenue, Detroit, Michigan 48219, for the removal and replacement of tile flooring in the City Hall Lobby, the Council does hereby refer this item back to the Director of Public Works for an additional report and recommendation on the matter of cleaning and maintaining the said tile floor; particularly, with respect to expansion joints. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 83-3-1-7 FOR CHANGE OF ZONING FROM C-1 TO C-2. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Feenstra, Gundersen, Bennett, Ventura, McCann NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was #558-83 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 9, 1983, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Core Concrete Construction, 31553 Gable, Livonia, Michigan 48152, for the 1983 Miscellaneous Sidewalk and Curb Drop Program (Contract No. 83-I) for the estimated total cost of $48,983 based upon the Engineering Division's estimate of units involved and subject to a final payment based upon the actual units completed in accordance with the unit 100 prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby authorize an increase in the aforesaid contract amount of up to an additional $33,000 for the purpose of completing the work authorized in 20442 Council Resolution 362-83; and the Council does hereby authorize an ad- vance of a sum not to exceed $81,983 ($48,983 plus $33,000) from the $7.9 million general obligation road improvement bond issue with the provision that this bond issue be reimbursed at such time as, and to the extent that, funds are received from the payment of and collection of single lot assessments; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental for the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bennett, Ventura, McCann NAYS: None On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, it was #559-83 RESOLVED, that having considered the report and recommendation of the City Engineer dated June 8, 1983, approved by the Director of Public Works and approved for submission by the Mayor, with regard to an Irrevocable Commercial Letter of Credit drawn on the National Bank of Detroit in the total amount of $14,700 placed on file with the City Clerk by the proprietor of the Woodcreek Farms Subdivision No. 3 located in the Southeast 1/4 of Section 15, and the request of the aforesaid proprietor that the said Letter of Credit be accepted in order to cover the improve- ment bond requirements established in Council Resolution 1054-81, adopted on December 7, 1981, in the total amount of $14,700 and that cash bonds totaling $4,600 now on file with the City be returned to United Homes, 24801 Five Mile Road, Detroit, Michigan 48239, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following results: AYES: Taylor, Feenstra, Gundersen, Bennett, McCann NAYS: Ventura The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #560-83 RESOLVED, that having considered a communication from the Livonia Historical Commission dated June 22, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize John Sawulski, 22975 Gill Road, Farmington Hills, MI 48024, to install heating for the Quaker Meeting House in the Historical Village for the price of $2,725, the same to be appropriated and expended from Historical Commission Account #101 737 976 120 000; further, the Council does hereby authorize the said item without competi- tive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Sec- tion 3.04.140 D 4 and 5 of the Livonia Code of Ordinances, as amended. 204+3 A roll call vote was taken on the foregoing resolution with the following results: AYES: Taylor, Feenstra, Gundersen, Bennett, Ventura, McCann NAYS: None Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 090 OF TITLE 2, CHAPTER 96 (RETIREMENT PLAN) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. On a motion by Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #561-83 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Services and the Director of Public Works dated June 20, 1983, approved for submission by the Mayor, with regard to a proposal to construct a garage type building at Bicentennial Park at the location shown in the attached diagram, and at an estimated cost in the amount of $4,000, the Council does hereby concur in and approve of the location proposed for this building (at a distance of not more than 100 feet from the East property line) and does further authorize the Public Service Division to prepare the necessary specifications and thereafter advertise and take competitive bids for the construction of this building in accordance with provisions of law and city ordinance. On a motion by Councilman Taylor, seconded by Councilman Bennett, it was #562-83 RESOLVED, that having considered a communication from the City Planning Commission dated June 3, 1983, which transmits its resolution 5-100-83 adopted on May 17, 1983, with regard to Petition 83-5-8-13 submitted by Bi-Con Construction requesting site plan approval in con- nection with a proposal to construct an addition to an existing auto wash located on the North side of Seven Mile Road between Middlebelt and Park- ville in Section 1, pursuant to the provisions set forth in Section 18.47 of Ordinance #543, as amended, the Council does hereby reject the recom- mendation of the Planning Commission and Petition 83-5-8-13 is hereby denied inasmuch as the Council has determined as a matter of fact that the petitioner has failed to affirmatively demonstrate that the proposed site plan complies with the general standards and requirements set forth in Section 19.06 of the Zoning Ordinance, as well as for the additional reason that the proposed site plan does not comply with the standards of the Zoning Ordinance as set forth in Section 2.10(18) and Section 19.06. 20444 A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bennett, Ventura, McCann NAYS: None On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #563-83 RESOLVED, that having considered a communication from the City Planning Commission dated June 14, 1983, which transmits its resolution 6-114-83 adopted on June 7, 1983, with regard to Petition 83-5-8-15 sub- mitted by Rose Grisa requesting approval of a sign plan as required by Section 18.47 of Ordinance #543, as amended, in connection with a proposal to erect a sign on an existing building located on the west side of Farmington Road between Five Mile Road and Lyndon in Section 21, the Council does hereby concur in the recommendation of the Planning Commission and Petition 83-5-8-15 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. On a motion by Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was #564-83 RESOLVED, that having considered a communication from the City Treasurer dated June 24, 1983, to which is attached a letter from Mr. Walter Efimetz, 18272 Brentwood, Livonia, Michigan 48152, wherein a request is submitted for special consideration due to the grant of an easement to the City in connection with the paving of Brentwood Avenue, the Council does hereby refer this item to the Engineering Division for its report and recommendation. On a motion by Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #565-83 RESOLVED, that having considered a communication from the Mayor dated June 23, 1983, to which are attached petitions submitted to the City by the Quaker Town Civic Association which object to the quality of homes currently under construction by the Republic Development Corporation and request that the City adopt an appropriate ordinance amendment so as to require residential developers to construct homes of comparable square footage and architectural amenities to that of existing homes and/or origi- nal models in such subdivisions, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #566-83 RESOLVED, that having considered a communication from the Mayor dated June 23, 1983, to which are attached petitions submitted to the City by the Quaker Town Civic Association which object to the quality of homes 20445 currently under construction by the Republic Development Corporation and request that the City adopt an appropriate ordinance amendment so as to require residential developers to construct homes of comparable square footage and architectural amenities to that of existing homes and/or original models in such subdivisions, the Council does hereby request that the Planning Department and the Engineering/Building Inspection Division submit their respective reports and recommendations regarding the draft of a proposed ordinance amendment as requested herein. At this time, Councilman Ventura left the podium. On a motion by Councilman Taylor, seconded by Councilman Bennett, it was #567-83 RESOLVED, that having considered a communication from the Mayor dated June 23, 1983, to which are attached petitions submitted to the City by the Quaker Town Civic Association which object to the quality of homes currently under construction by the Republic Development Corporation and request that the City adopt an appropriate ordinance amendment so as to require residential developers to construct homes of comparable square footage and architectural amenities to that of existing homes and/or original models in such subdivisions, the Council does hereby request that the City Planning Commission, pursuant to Section 23.01(a) of Zoning Ordinance #543, conduct a public hearing and thereafter submit its report and recommendation to Council on the question of whether or not certain property located on the south side of Six Mile Road East of Haggerty Road and immediately adjacent to the Quaker Town Subdivision should be rezoned from R-7 to R-2. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bennett, McCann NAYS: Feenstra The President declared the resolution adopted. Councilmnn Ventura returned to the podium. On a motion by Councilman Taylor, seconded by Councilman Bennett, it was #568-83 RESOLVED, that having considered a communication from the His- torical Commission dated June 22, 1983 which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the Bollin Electric Company, 31340 Puritan, Livonia, Michigan 48154, to install electrical service to the Quaker Meeting House in the Historical Village at Greenmead, for the price of $2,219, the same to be appropriated and expended from the Historical Commission Account #101 737 976 120 000; further, the Council does hereby authorize the said item without competitive bidding for the reasons indicated in the aforesaid ihr communication and such action is taken in accordance with the provisions set forth in Section 3.04.140 D 4 and 5 of the Livonia Code of Ordinances, as amended. 20446 A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bennett, Ventura, McCann NAYS: None On a motion by Councilman Ventura, seconded by Councilman Feenstra, it was #569-83 RESOLVED, that having considered the report and recommendation of the Chief of Police dated June 22, 1983 which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the Microfilm Systems Company of Detroit, 28395 God- dard Road, Romulus, Michigan 48174, to microfilm 1977 to 1979 incident/ offense reports and supplements and destroy the hard copies for the Police Department for the price of $7,500, and the said amount is hereby transferred from Account #101-325-702-000-000 (Patrol Bureau Salaries) to Account #101- +-504-000-000 (Administrative Printing) for this purpose, further, the Council does hereby authorize the purchase of an acoustical cover, forms tractor and a dual tray cut sheet feeder for a letter-quality printer in the secretary-to-the chief's office from Digital Equipment Corporation, 24333 Haggerty Road, Novi, Michigan 48050, for the price of ,900 and for this purpose the Council does hereby trasfer the sum of $2,900 from Account #101-310-702-000-000 (Communication Salaries) to Ac- count #101-310-723-000-000 (Computer Supplies), further, the Council does hereby authorize the foregoing without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3.04.140 D 5 of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bennett, Ventura, McCann NAYS: None On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #570-83 RESOLVED, that having considered the report and recommendation of the Director of Finance and the City Clerk dated June 30, 1983, approved by the Mayor Pro Tem, the Council does hereby authorize the execution of an agreement by the Mayor and City Clerk with the Xerox Company on the basis of the Five Year Xerox Equipment Equity Plan for the six copy machines detailed in the aforementioned communication at a total package cost per month of $2,073 26; further, the Council does hereby authorize the said item without competitive bidding for the reasons indicated in the aforementioned communication and such action is taken in accordance with the provisions set forth in Section 3.01.140 D 5 of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bennett, Ventura, McCann NAYS: None 20447 On a motion by Councilman Ventura, seconded by Councilman Bennett, it was #571-83 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 29, 1983 on all matters required by Section 3.08.060 and 3.08.140 of the Livonia Code of Ordinances, as amended, and all owners of record of property subject to the proposed special assess- ment district having submitted in writing a "waiver of notice and proceed- ings" in accordance with Section 3.08.310 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08.080 of said Code: (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of placing approximately 4" of asphalt on the existing roadway, approximately 20'-22' wide (Alternate IV) on Flamingo from Nye to Hoy and on Hoy for a distance of approximately 115' east of Flamingo, T. 1 S., R., 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement dated June 29, 1983; (4) determine that the estimated cost of such improvement is $19,449.85; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $3,772.48 and that the balance of said cost and expense of said public improvement amounting to $15,677.37 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as Imre follows: N. W. 1/4 of Section 23, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan described as containing the following described property: 20448 Lots la and lb,2 of Bonnydale Subdivision liralso Lot 36 Lyndon Manor Subdivision also Lots 19; 20; 21,3b; and lots 22 through 31, both inclusive, and lot 32a, 32b1 and lot 32b2 of B. E. Taylor's Green Acres Subdivision. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08.100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same to the City Council prior to the holding of the second public hearing thereon required by Section 3.08.110 of the said Code. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bennett, Ventura, McCann NAYS: Feenstra The President declared the resolution adopted. On a motion by Councilman Bennett, seconded by Councilman Taylor, it was 4572-83 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 30, 1983 on all matters required by Section 3.08.060 and 3.08.140 of the Livonia Code of Ordinances, as amended, and all owners of record of property subject to the proposed special assessment district having submitted in writing a "waiver of notice and proceedings" in accord- ance with Section 3.08.310 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08.080 of said Code: (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of a 27'wide full-depth asphalt pavement with valley wales (Alternate III) iir on Hoy from Henry Ruff to approximately 150 feet east of Flamingo, T. 1 S., R. , 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; 20449 Lar (3) approve the plans and specifications for said improvement as set forth in said statement dated June 30, 1983; (4) determine that the estimated cost of such improvement is $42,003.20; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $8,922.90 and that the balance of said cost and expense of said public improve- ment amounting to $33,080.30 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: Lots 13 through 19, both inclusive, and lots 33 through 39, both inclusive of B. E. Taylor's Green Acres Subdivision in the N.W. 1/4 of Section 23; (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08.100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 3.08.110 of the said Code. A roll call vote was taken on the foregoing resolution with the following result: lbwAYES: Taylor, Gundersen, Bennett, Ventura, McCann NAYS: Feenstra The President declared the resolution adopted. 20450 On a motion by Councilman Ventura, seconded by Councilman Taylor, it was #573-83 RESOLVED, that having considered a communication from the City Planning Commission dated June 28, 1983, which transmits its resolution 6-128-83 with regard to Petition 83-4-2-17 submitted by Robert D. Prater requesting waiver use approval to operate a fast oil change and lube center on the southeast corner of Six Mile and Middlebelt Roads in the Northwest 1/4 of Section 13, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 83-4-2-17 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recom- mendation of the Planning Commission A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bennett, Ventura, McCann NAYS: None On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #574-83 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #574-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, it was #575-83 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated July 11, 1983 and submitted pursuant to Council Resolution 448-83, in connection with a communication from the City Planning Commission dated May 6, 1983 which transmits its resolution 4-79-83, adopted on May 3, 1983 with regard to Petition 82-8-2-24 sub- mitted by Midas International Corporation requesting waiver use approval to construct a muffler shop on property located on the east side of Middlebelt Road between Bretton and St. Martins in the Southwest 1/4 of Section 1, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 82-8-2-24 is hereby approved and granted, the action herein being made subject to compliance with the conditions which are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bennett, Ventura, McCann NAYS: Taylor, Feenstra The President declared the resolution adopted. 20451 On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, it was #576-83 RESOLVED, that having considered the report and recommendation of the City Assessor dated July 12, 1983, which bears the signature of the Finance Director and is approved by the Mayor, the Council does hereby approve and authorize Don Carter, Inc., 15970 Deering, Livonia, Michigan 48154, to construct approximately 18'6" of vinyl covered wall partition with two out swinging bronze metal doors for the price of $2,290, in the manner set forth in a proposal dated July 8, 1983, and for this purpose, the Council does hereby appropriate and authorize the expenditure of the sum of $2,290 from Account #101-202-702-000-000; further, the Council does hereby authorize the said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3.04.140 D 4 & 5 of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bennett, Ventura, McCann NAYS: Feenstra The President declared the resolution adopted. The Communication from the Civil Service Commission dated July 13, 1983, with the attached copy of the award in the Act 312 Arbitration with the Police Officers Association was received and filed for the information of the Council. Alice Gundersen made the statement that she objects to X items of a significant nature being added to the agenda at the last minute, wherein the Council is not provided with sufficient time to study the items before voting. By Councilwoman Gundersen, seconded by Councilman Feenstra, and unanimous- ly adopted, this 1010th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:07 p.m. , July 13, 1983. ROBERT F. NASH, CITY CLERK