Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1983-02-09 20199 MINUTES OF THE NINE HUNDRED AND NINETY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 9, 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 8:05 P. M.. Councilman Feenstra delivered the invocation. Roll was called with the following result: Present: Robert E. McCann, Gerald Taylor, Fernon P. Feenstra, Robert R. Bishop, Robert D. Bennett and Peter A. Ventura. Absent: *Alice Gundersen. Elected and appointed officials present: Edward H. McNamara, Mayor; Harry C. Tatigian, City Attorney; Patricia L. Miencier, Deputy City Clerk; G. E. Siewert, City Engineer; John Nagy, City Planner; Russell Gronevelt, Superintendent of Public Service; Michael Reiser, Emergency Preparedness Coordinator; Robert E. LOsborn, Director of Public Works; Richard 0. Jones, Public Utilities Manager; Jack Dodge, Finance Director; Rudolf R. Kleinert, Public Safety Director - Fire; Ronald Mardiros, City Assessor; William E. Crayk, Police Department and Sue Daniel, Historical Commission. By Councilman Taylor, seconded by Councilman Bennett, and *unanimously adopted, it was #75-83 RESOLVED, that the minutes of the 998th Regular Meeting of the Council of the City of Livonia, held January 26, 1983, are hereby approved. *Councilman Ventura abstained from voting, which is recorded as a "yes" vote under the provisions of Section 2-119 of the Livonia Code of Ordinances. The communication from the City Engineer dated January 18, 1983, with respect to an alleged violation of a City ordinance, was received and placed on file for the information of the Council. (CR-867-82) LThe communication from the Director of Finance dated January 27, 1983 transmitting various unaudited financial statements of the City of Livonia for the twelve months ending November 30, 1982, was received and placed on file for the information of the Council. 20200 The following resolutions were offered by Councilman Feenstra and seconded by Councilman Taylor: #76-83 RESOLVED, that having considered a communication from the Chief of Police dated January 7, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby amend and revise Council Resolution 793-82 to the extent necessary to provide that the Lease Agreement approved therein shall be for the period through February 4, 1984; and the balance of Council Resolution 793-82 shall remain in full force and effect. X77-83 RESOLVED, that having considered the report and recommendation of the City Engineer dated January 3, 1983, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Item #8 of Council Resolution 1049-78 adopted on November 29, 1978 and subsequently amended by Council Resolutions 865-79, 381-80 and 462-82 so as to reduce the financial assurances now on deposit with the City for sidewalk improvements in the Wellington Woods Subdivision located in the N.E. 1/4 of Section 33 to $4,500, of which $1,500 shall be in cash to cover the cost of these improvements, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, the Council does hereby authorize the release to Curtis Building Company, 25950 Five Mile Road, Detroit, Michigan 48239, the proprietor of the Wellington Woods Subdivision, of the financial assurances previously deposited with respect to the General Improvement Bond in the amount of $39,000, and the development of greenbelt easement and entrance markers in the amount of $15,000, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been installed in accordance with the rules and regula- tions and ordinances of the City of Livonia; and all other financial assurances now on deposit with the City, if any, with respect to remaining improvements in said subdivision shall remain the same and unchanged. #78-83 WHEREAS, Act 223, P.A. 1909, as last amended by Act 196, P.A. 1970 provides 'Por the conveyance of State-owned tax-reverted lands to municipal units for public purposes, and WHEREAS, such lands are under the Jurisdiction of the State of Michigan, Department of Natural Resources and are available for acquisition under the provisions of the above mentioned act; Lots 211, 212 and 213 of Sunset Hills Subdivision in the N. E. 1/4 of Section 11 and WHEREAS, the City of Livonia desires to acquire said lands for purposes of urban renewal, NOW, THEREFORE BE IT RESOLVED, that the City of Livonia is authorized to make application to the State of Michigan, Department of Natural Resources, Lands Division for conveyance of said land to the City of Livonia for a nominal fee of $1.00, plus the State's maintenance costs, if any, and 20201 FURTHER BE IT RESOLVED that the City of Livonia shall set up necessary procedures and controls to provide for the proper distribution of funds arising from the subsequent sale of the acquired property in conformity with the above mentioned acts. #79-83 RESOLVED, that having considered a communication from the Traffic Commission dated December 30, 1982, approved for submission by the Mayor and which transmits its resolution #58-82 with regard to a request for the establishment of "No Parking" signs on the west side of Norman between Allen, Lyndon, Donald and Ross Streets, the Council does hereby refer this item back to the Traffic Commission for consideration of such restrictions on a temporary trial period basis as well as for affording Mrs. Joanne Aloe, 39115 Lyndon, Livonia, Michigan and other interested citizens the opportunity of being heard with respect to this item; and thereafter the Traffic Commission is requested to submit its report and recommendation. #80-83 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service dated January 24, 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, the Council does hereby accept the bid of Stark Hickey West, 24760 West Seven Mile Road, Detroit, Michigan 48219 for supplying the Public Service Division (Equipment Maintenance Section) with one (1) 4-5 Yard Dump Truck for a net price of $14,517 based on a total price of $15,217 less trade-ins of $700, the same having been in fact the lowest bid received and meets all specifications. #81-83 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service dated January 24, 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, the Council does hereby accept the bid of N.B.C. Truck Equipment, Inc., 22415 Groesbeck Hwy. , Warren, Michigan 48089 for supplying the Public Service Division (Equipment Maintenance and Water Maintenance Sections) with two (2) 10-12 Yard Dump Bodies and Hoists (for new trucks) and two (2) 10-12 Yard Dump Bodies (only) (replacements)for the total price of $17,516, including installation, the same having been in fact the lowest bid received and meets all specifications. #82-83 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service dated January 25, 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 bid of Stark Hickey West, 24760 West Seven Mile Road, Detroit, Michigan 48219 for supplying the Public Service Division (Equipment Maintenance Section) with one (1) Cab and Chassis - Tandem Axle for a net price of $29,329.27, based on a total price of $32,329.27 less trade-in of $3,000, the same having been in fact the lowest bid received which meets specifications. #83-83 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service dated January 24, 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, the Council does hereby accept the bid of Garwood-Detroit Truck Equipment, Inc. , 21083 20202 Mound Road, Warren, Michigan 48091, for supplying the Public Service Division (Equipment Maintenance Section) with one (1) Truck Hydraulic System, one (1) Front Snowplow Hitch, one (1) Underbody Snow Blade and one (1) Salt Spreader for a total price of S9,138.69, including installa- tion, the same having been in fact the lowest bid received and meets all specifications. #84-83 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service dated January 24, 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, the Council does hereby accept the bid of Torre & Bruglio Landscape Contractors, Inc , 20401 Hall Road, Mt. Clemens, Michigan 48044, for completing all work required in connection with the City's 1983 Street Tree Planting Program for the price of $10,451, the same having been in fact the lowest bid received for this item and meets all specifications; and the Director of Public Works is hereby authorized to approve all 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 do all other things necessary for the full perform- ance of this resolution. #85-83 RESOLVED, that having considered the report and recommendation of the Assistant Superintendent and the Superintendent of Public Service dated January 24, 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, the Council does hereby accept the bid of Delta Temp Inc., 500 Ajax Drive, Madison Heights, Michigan 48071 for replacement of a condenser at the Devonaire Ice Rink for the price of $6,930, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $6,930 from the Unexpended Fund Balance Account for this purpose, with the stipulation that any funds recovered from the City's insurance carrier with respect to this item be returned to the Unexpended Fund. #86-83 RESOLVED, that having considered a communication from the Water and Sewer Board dated January 20, 1983 which bears the signature of the Finance Director, is approved by the Mayor and which transmits its resolu- tion #WS 2558 1/83, the Council does hereby accept the bid of Garwood Detroit Truck Equipment, 21083 Mound Road, Warren, Michigan 48091 for supplying the Water Department with one (1) Truck Hydraulic System and one (1) Front Snowplow Hitch for the price of $3,600, the same having been in fact the lowest bid received and meets all specifications. #87-83 RESOLVED, that having considered a communication from the Water and Sewer Board dated January 20, 1983 which bears the signature of the Finance Director, is approved by the Mayor and which transmits its resolu- tion #WS 2556 1/83, the Council does hereby accept the bid of GMC Truck & Coach, 5701 Wyoming, Dearborn, Michigan 48116 for supplying the Water Department with a Cab and Chassis - Tandem Axle for the net price of $34,883 based upon the unit price of $35,383 less trade-in of $500, the same having been in fact the lowest bid received which meets all specifica- tions. 20204 accordance with the provisions set forth in Section 2-213(d)(5) of the Livonia Code of Ordinances, as amended. #93-83 RESOLVED, that having considered the report and recommendation of the Director of Finance dated January 21, 1983, approved for submission by the Mayor and to which is attached final budget adjustments in various revenue and expenditure accounts due to a net reduction of revenues of $148,400, the Council does hereby approve and authorize the said final budget adjustments in the manner and form submitted in the attachments. #94-83 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor dated January 20, 1983, the Council does hereby consent to and confirm the reappointment of Nancy Wilson, 29485 Bobrich, Apt. 33, Livonia, Michigan 48152 to the Board of Review for a term of three years expiring February 16, 1986, provided she takes the Oath of Office as required in Section 2, Chapter X of the City Charter to be administered by the City Clerk. #95-83 RESOLVED, that having considered a communication from the Director of Community Resources dated January 12, 1983 which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase of 13,000 seedlings from the Oakland County Soil and Water Conservation District for a net price of $1,286.40, the same to thereafter be sold on a first-come first-served basis to the general public on Saturday, April 16, 1983 for the price of $.20 a piece with the exception of Black Walnuts which will be priced at $.50 a piece; FURTHER, the Council does hereby authorize the advance sum of $1,286.40 from the Public Service Forestry Account (101-781-785.000.000) for this purpose, said account to be reimbursed after said sale with the balance of any profits made therefrom to be used in connection with the 1983 Community Gardens Program. #96-83 RESOLVED, that having considered a communication from the Honorable James R. McCann, District Judge of the 16th Judicial District dated January 24, 1983, with regard to Joyce Anspach v City of Livonia, et al, Wayne County Circuit Court No. 82-244772 CZ, the Council does hereby authorize the employment of counsel by Jidge McCann at a compensation rate not to exceed $60 per hour for the purpose of providing legal representation in the manner and form herein requested. #97-83 RESOLVED, that having considered a communication from the City Treasurer dated January 19, 1983, the Council does hereby determine that the final date for payment of current taxes is hereby extended from February 15, 1983, up to and until 5:00 P.M., Monday, February 28, 1983. #98-83 RESOLVED, that having considered a communication from the City Clerk dated January 17, 1983 to which is attached a letter from the Sumpter Township Clerk dated January 5, 1983 indicating interest in the purchase of certain voting machines of the City of Livonia, the Council does hereby authorize the City Clerk to enter into negotiations for the sale of same and thereafter submit his report and recommendation. 20205 Ims #99-83 RESOLVED, that having considered a petition from certain residents of Flamingo Street dated January 14, 1983, and before determining to improve Flamingo Street, north of Lyndon to north of Nye, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delin- quencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended. #100-83 RESOLVED, that having considered a communication from the Chairman of the Livonia Jaycee Carnival 1983 dated January 18, 1983 wherein it is requested that all fees required in connection with a waiver use petition to allow the Livonia Jaycees to continue their Annual Spring Carnival at the Wonderland Center be waived, the Council does hereby approve and grant this request in the manner and form herein submitted. #101-83 RESOLVED, that having considered a communication from the City Assessor, dated January 11, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6 of the Charter of the City of Livonia, the Council does hereby determine to approve the following dates for the Board of Review to conduct Public Hearings in 1983: FIRST SESSION Tuesday March 8, 1983 9:00 a.m. - 12:30 p.m. 1 30 p.m. - 4:30 p.m. Wednesday March 9, 1983 9:30 a.m. - 12:30 p.m. 1:30 a.m. - 4:30 p.m. Friday March 11, 1983 9:30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. SECOND SESSION Monday March 14, 1983 2:00 p.m. - 8:00 p.m. Tuesday March 15, 1983 9:30 a.m. - 12:30 p.m. 1.30 p.m. - 4:30 p.m Wednesday March 16, 1983 9:30 a m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Friday March 18, 1983 9:30 a.m. - 12:30 p.m 1:30 p.m. - 4:30 p.m. Saturday March 19, 1983 9:30 a.m. - 2:00 p.m. Monday March 21, 1983 2:00 p.m. - 8:00 p.m. Tuesday March 22, 1983 9:30 a.m. - 12:30 p.m. 1.30 p.m. - 4:30 p.m. 20206 SECOND SESSION (continued) Wednesday March 23, 1983 9:30 a.m. - 12.30 p.m. 1:30 p.m. - 4:30 p.m. Friday March 25, 1983 9.30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Saturday March 26, 1983 9:30 a.m. - 2:00 p.m. Monday March 28, 1983 2.00 p.m. - 8:00 p.m. Tuesday March 29, 1983 9:30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Wednesday March 30, 1983 9:30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Thursday March 31, 1983 9:30 a.m. - 12:30 p.m. Saturday April 2, 1983 9:30 a.m. - 2:00 p.m. Monday April 4, 1983 9:30 a.m. - 12:30 p.m. in the Board of Review Conference Room of the Assessor's Office in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and such addi- tional meetings as may be necessary for the purpose of reviewing the assessment roll for the year 1983 and hearing any taxpayers deeming themselves aggrieved by the said assessments. FURTHER, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be in the amount of $95.00 for the Chairperson and $80.00 for other members. Pursuant to Public Act No. 165, Public Acts of 1971, we hereby give notice that the following tentative ratios and multipliers supplied by Wayne County will be used to determine the State Equalized Value (S.E.V.) for the year 1983: CLASS RATIO S.E.V. FACTOR (MULTIPLIER) Residential 50.00 1.0000 Agricultural 50.00 1.0000 Commercial 50.00 1.0000 Industrial 50.00 1.0000 Personal 50.00 1.0000 The communication from the Director of Finance dated January 26, 1983 transmitting status report of grants received by the City, was received and placed on file for the information of the Council. #102-83 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, 20207 March 16, 1983 at 8:00 P.M. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 82-11-1-17, submitted by Christopher B. Ziomek for a change of zoning of property located on the northwest corner of Wayne and. Joy Roads in the Southwest 1/4 of Section 33, from RUF to P.S., the City Planner Commission in its resolution 1-1-83 having recommended to the City Council that Petition 82-11-1-17 be approved; (2) Petition 82-12-1-19, submitted by Bokos, Jones & Plakas for Bruce C. & Toni Mette for a change of zoning of property located, on the east side of Arcola, north of Plymouth Road in the Southeast 1/4 of Section 25, from R-1 to P, the City Planning Commission in its resolution 1-2-83 having recommended to the City Council that Petition 82-12-1-19 be approved; and (3) Petition 82-11-6-7, submitted by the City Planning Commis- sion to amend Section 18.42 of Zoning Ordinance No. 543 to incorporate regulations pertaining to the location and height of television and radio towers, satellite discs, etc. , within the City, the City Planning Commission in its resolu- tion 1-9-83 having recommended to the City Council that Petition 82-11-6-7 be approved; 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 changes 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 rail- road 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. #103-83 RESOLVED, that having considered a communication dated January 24, 1983 from Ralph R. Safford, from the law firm of Meyer and Kirk, attorneys for the Southland Corporation which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on January 18, 1983 by the City Planning Commission in its resolution #1-4-83 with regard to Petition 82-11-2-40 submitted by the Southland Corporation requesting waiver use approval to utilize an SDD License in connection with an existing business located on the northeast corner of Middlebelt Road and Roycroft in the Southwest 1/4 of Section 13, the Council does hereby designate Wednesday, March 16, 1983 at 8:00 P.M. as the date and time for 20208 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. #104-83 RESOLVED, that having considered a communication dated January 24+, 1983 from Ralph R. Safford, from the law firm of Meyer and Kirk, attorneys for the Southland Corporation which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on January 18, 1983 by the City Planning Commission in its resolution #1-5-83 with regard to Petition 82-11-2-41 submitted by the Southland Corporation requesting waiver use approval to utilize an SDD License in connection with an existing business located on the west side of Wayne Road, south of Ann Arbor Trail in the Southwest 1/4 of Section 33, the Council does hereby designate Wednesday, March 16, 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. 54+3, as amended, the Zoning Ordinance of the City of Livonia. #105-83 RESOLVED, that having considered a communication dated January 24+, 1983 from Ralph R. Safford, from the law firm of Meyer and Kirk, attorneys for the Southland Corporation which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on January 18, 1983 by the City Planning Commission in its resolution /1-6-83 with regard to Petition 82-11-2-42 submitted by the Southland Corporation requesting waiver use approval to utilize an SDD License in connection with an existing business located on the east side of Middlebelt Road between Joy Road and Grandon in the Southwest 1/4 of Section 36, the Council does hereby designate Wednesday, March 16, 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. 54+3, as amended, the Zoning Ordinance of the City of Livonia. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Feenstra, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilman Bennett, it was 20209 #106-83 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated January 17, 1983 and submitted pursuant to Council Resolution 625-82 in connection with the communication from the Planning Commission dated June 30, 1982, which sets forth its resolution 6-108-82, adopted on June 22, 1982 with regard to Petition 82-5-2-14 submitted by Bottles & Stuff, Ltd. , II, requesting waiver use approval to utilize an SDD License in connection with an existing party store located on the northwest corner of Newburgh and Five Mile Roads in the Southeast 1/4+ of Section 18, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on August 18, 1982 pursuant to Council Resolution 538-82, the Council does hereby reject the recommendation of the City Planning Commission and Petition 82-5-2-14 is hereby approved and granted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: None. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 9-105 OF TITLE 9, CHAPTER 1 (SUBDIVISION CONTROL) 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. *Councilwoman Gundersen arrived at 8.10 P. M. Councilman Bishop gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTIONS 18.50, 18.50A, 18.50B, 18.50E and 18.50F OF ARTICLE XVIII OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE". (PET. 80-9-6-10) 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. 20210 By Councilman Feenstra, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from the City Planning Commission dated January 25, 1983 which sets forth its resolution 1-10-83, adopted on January 8, 1983, and submitted pursuant to Council Resolution 846-82 in connection with a request that Tandem Computers, Inc. be authorized to locate a satellite antenna and screening at 32480 Schoolcraft in accordance with the rendering attached to the aforesaid communication, the Council does hereby refer this item to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result. AYES: Feenstra, Bishop and Bennett. NAYS: Gundersen, Ventura, Taylor and McCann. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Taylor, it was #107-83 RESOLVED, that having considered a communication from the City Planning Commission dated January 25, 1983 which sets forth its resolution 1-10-83, adopted on January 8, 1983, and submitted pursuant to Council Resolution 846-82 in connection with a request that Tandem Computers, Inc. be authorized to locate a satellite antenna and screening at 32480 Schoolcraft in accordance with the rendering attached to the aforesaid communication, the Council does hereby approve the same, subject to approval by the Zoning Board of Appeals of the location of the structure in the front yard area and subject to the same conditions as those set forth in the aforesaid action of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, Ventura, Taylor and McCann. NAYS: Feenstra and Bennett. The President declared the resolution ADOPTED. By Councilman Bishop, seconded by Councilman Taylor, it was #108-83 RESOLVED, that having considered communications from the Mayor dated January 14, 1983 and February 8, 1983, the Council does hereby approve and establish an annual salary for the position of Director of Public Safety at $46,500 with the same benefits as those afforded to general Civil Service personnel; and all prior resolutions are hereby amended and revised to the extent necessary to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result AYES: Feenstra, Gundersen, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: None. 20211 By Councilman Bishop, seconded by Councilman Bennett, it was #109-83 RESOLVED, that having considered a communication from the Mayor dated January 17, 1983 with regard to the proposed installation of under- ground electrical wiring to service the caretaker's house on the Wilson Barn property, the Council does hereby appropriate and authorize the expenditure of $3,000 from the Unexpended Fund Balance Account to be expended for the purpose of covering the hook-up costs for electrical service to the caretaker's house in the manner and form submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Taylor, it was #110-83 RESOLVED, that having considered a communication from the City Clerk dated January 25, 1983 to which is attached a letter from the Director of Advertising & Promotion of the Observer & Eccentric Newspaper dated January 24, 1983, the Council does hereby determine to designate the Observer & Eccentric Newspaper, Division of Suburban Communications Corporation, 36251 Schoolcraft Road, Livonia, Michigan 48150, as the official newspaper of the City of Livonia for the period of March 1, 1983 through February 28, 1984, FURTHER, the Council does hereby approve and authorize a revised rate for published legal notices of $3.14 per column inch effective March 1, 1983 (5% discount for the first nine full months through November 30, 1983), in the manner and form indicated in the attachment to the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Feenstra, it was #111-83 RESOLVED, that having considered the report and recommendation of the Director of Finance dated January 14, 1983, approved for submission by the Mayor with respect to four (4) claims and/or lawsuits, wherein the City of Livonia has incurred liability in connection with its police professional insurance coverage, which claims and/or lawsuits have now been settled as follows: Claimant Settlement Award Expenses City Cost John Phillip Atkins $ 3,500.00 $ 239.98 $ 2,500.00 Charles Barry, Ronald Duty Ronald Preston 10,025.00 5,113 91 7,500.00* International Brotherhood of Teamsters -0- 1,951.47 1,951.47 Herbert McIntyre 950.00 2,952.29 2,500.00 $14,451.47 20212 *($2,500 for each claim) the Council does hereby authorize the payment of the foregoing claims in the total amount of $14,451.47 from the Insurance Account #101-925-918, in the manner and form submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: None. By Councilman Taylor seconded by Councilman Bishop, it was #112-83 RESOLVED, that having considered the report and recommendation of the Livonia Historical Commission dated January 24, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the employment of Sam Cox, 3109 Landsdown, Drayton Plains, Michigan 48020, in order to wet wall plaster the Newburgh Church interior and the second floor of the Parsonage in the Historical Village for the price of $3,9401 the same to be appropriated and, expended from 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 communication, and such action is taken in accordance with the provisions set forth in Section 2-213(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: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: *Ventura. The President declared the resolution ADOPTED. *Councilman Ventura made the following statement: My 'no' vote is cast because I feel they should get competitive bids, every time come in for something want to waive the Financial Ordinance. By Councilwoman Gundersen, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the City Assessor dated January 28, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein it is recommended that the City's present contract with Computers Diversified Inc. 3031 Airpark Drive North, Flint, Michigan 48507, be terminated and a pilot program with Cado Systems of Southeast Michigan, 31039 Schoolcraft, Livonia, Michigan 48150, be authorized for two-way communications with Wayne County and storage of all assessment data of approximately 40,000 items and conversion of the computer printer to word processing, the same to be for a six (6) month lease period at a price of $600 per month plus maintenance and installation costs, the Council does hereby refer this item to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result: 20213 AYES: *Gundersen and Ventura. NAYS: Feenstra, Bishop, Bennett, Taylor and McCann. The President declared the resolution DENIED. *Councilwoman Gundersen made the following statement: This is an additional cost to the City we should not incur at this time. By CouncilmA n Feenstra, seconded by Councilman Bishop, it was #113-83 RESOLVED, that having considered a communication from the City Assessor dated January 28, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein it is recommended that the City's present contract with Computers Diversified Inc. , 3031 Airpark Drive North, Flint, Michigan 18507, be terminated and a pilot program with Cado Systems of Southeast Michigan, 31039 Schoolcraft, Livonia, Michigan 1+8150, be authorized for two-way communications with Wayne County and storage of all assessment data of approximately 1+0,000 items and conversion of the computer printer to word processing, the same to be for a six (6) month lease period at a price of $600 per month plus maintenance and installation costs, the Council does hereby approve and authorize the foregoing action in the manner and form herein submitted; FURTHER, the Council does hereby determine to authorize the said lease without competitive bidding for the reasons indicated in the aforesaid communica- tion, and such action is taken in accordance with the provisions set forth in Section 2-213(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: Feenstra, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: Gundersen. The President declared the resolution ADOPTED. By Councilman Taylor, seconded by Councilman Ventura, it was #111+-83 RESOLVED, that having considered a communication from the Wayne County Intermediate School District dated January 27, 1983, which transmits its resolution adopted by the Board of Education of the Wayne County Intermediate School District on January 26, 1983, with respect to the district's request for a summer property tax levy commencing in 1983; and having also considered a communication from Schoolcraft College dated January 27, 1983, which transmits a resolution adopted by the Board of Trustees of Schoolcraft Community College District on January 26, 1983, 'with respect to the district's request relative to a summer tax collection commencing in 1983; having also considered a resolution adopted by the Board of Education of Clarenceville School District adopted on January 27, 1, 1983 with respect to the district's request relative to a summer tax collection commencing in 1983; and having also considered a communication from the Oakland Schools dated January 25, 1983 with respect to the district's request for a summer tax collection commencing in 1983, the Council does hereby refer this matter to the Committee of the Whole meeting to be conducted February 28, 1983 at 7:00 P. M. for further consideration. 20214 A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was #115-83 RESOLVED, that having considered a communication from the Mayor dated January 7, 1983 with regard to the termination of the Jackson School Lease Agreement, the Council does hereby table this matter to the next Regular Meeting to be conducted on February 23, 1983. By Councilman Feenstra, seconded by Councilman Taylor, it was #116-83 RESOLVED, that having considered a communication from the City Planning Commission, dated October ll., 1982 which transmits the resolution #10-177-82 adopted on October 12, 1982, with regard to Petition 82-8-2-20 submitted by Village Greengrocer requesting waiver use approval to operate an open-air retail sales business on property located on the South side of Eight Mile Road, east of Farmington Road in Section 3, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 82-8-2-20 is hereby approved and INN granted; such approval to be based upon the same conditions as those set forth in the recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Feenstra, it was #117-83 RESOLVED, that having considered a communication from the City Planning Commission dated December 1, 1982, which transmits its resolution 11-206-82 adopted on November 16, 1982 with regard to Petition 82-9-2-29 submitted by Sears Roebuck and Company requesting waiver use approval to operate a video game room within an existing building located within the Livonia Mall Shopping Center on the northwest corner of Seven Mile and Middlebelt Roads in the Southeast 1/4+ of Section 2, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on January 31, 1983 pursuant to Council Resolution 870-82, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 82-9-2-29 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission. L A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: None. 20215 By Councilman Ventura, seconded by Councilman Bishop, it was #118-83 RESOLVED, that having considered a communication from the City Planning Commission dated December 2, 1982 which sets forth its resolution 11-203-82 adopted on November 16, 1982 with regard to Petition 82-10-2-34 submitted by Livonia Mall requesting waiver use approval to operate a mechanical amusement area within an existing building located within the Livonia Mall Shopping Center on the northwest corner of Seven Mile Road and Middlebelt Roads in the Southeast 1/4 of Section 2, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on January 31, 1983, pursuant to Council Resolution 850-82, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 82-10-2-34 is hereby approved, the approval herein being made subject to compliance with the following conditions. (1) That the rear doors be used for emergency purposes only; (2) That Floor Plan prepared by J. Wolf Associates, Architects, Plan No. 3182, revised 11/12/82, which is made part of this petition, is hereby approved and shall be adhered to. (3) That this approval is conditioned upon the Livonia Mall security offices and general administration offices remaining in their present locations as shown on the approved floor plan. Li (4) That the game room shall be improved to the extent as shown on the rendering of the proposed game room as prepared by J. Wolf. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Feenstra, it was #119-83 RESOLVED, that having considered a communication from the City Planning Commission dated January 25, 1983 which transmits its resolution 1-3-83, adopted on January 18, 1983 with regard to Petition 82-11-2-39, submitted by Robert German requesting waiver use approval to erect a building for general office use on the west side of Farmington Road between Seven Mile Road and Clarita in the Northeast 1/4 of Section 9, which property is zoned P.S., the Council does hereby concur in the recommenda- tion made by the City Planning Commission and Petition 82-11-2-39 is hemeby approved and granted, such approval to be based on such conditions as those set forth in the aforesaid recommendations of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Feenstra, Gundersen, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: None. 20216 By Councilman Ventura, seconded by Councilman Feenstra, it was #120-83 RESOLVED, that having considered a communication from the City Planning Commission dated January 25, 1983, which transmits its resolution 1-8-83 adopted on January 8, 1983 with regard to Petition 82-12-2-44 submitted by Richard Schuster requesting waiver use approval for storage of contractors equipment on property located on the south side of Eight Mile Road between Merriman and Osmus in the Northeast 1/4 of Section 3, which property is zoned Ml, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 82-12-2-44 is hereby approved and granted, subject to the action of the Zoning Board of Appeals regarding the waiving of the protective wall as requested by the landlord, as well as being based on the same conditions as those set forth in the aforesaid recommendations of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Feenstra, it was #121-83 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated January 27, 1983 with respect to a request from Jalal H. Nannoshiand Waad N. Nannoshi for a new SDD License to be located at 27455 W. Six Mile Road, Livonia, Michigan, to be held in conjunction with an existing SDM licensed business, the Council does hereby recommend that the Michigan Liquor Control Commission deny the said request inasmuch as this application would be in violation of and in noncompliance with the requirements prescribed by the Livonia Zoning Ordinance 543, as amended; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #122-83 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. By Councilwoman Gundersen, seconded by Councilman Taylor, it was #123-83 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated February 7, 1983 in connection with a report from the Superintendent of Public Service dated January 18, 1983, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the award of a contract to 20217 Boston Tile and Terrazzo Co. , 23740 Grand River, Detroit, Michigan 48219, for the removal and repair of the tile floor in the City Hall lobby in accordance with their proposal dated January 5, 1983, wherein said Boston Tile & Terrazzo Co. would provide all necessary labor and materials as specified in their proposal, including a full 5 year guarantee covering all work performed and materials furnished for a net total cost of $25,955, which amount is hereby appropriated and authorized to be expended from the Unexpended Fund Balance Account for this purpose; FURTHER, the Council does hereby authorize this item without competitive bidding for the reasons indicated in the aforesaid communication and in accordance with the provisions set forth in Section 2-213(d)(5) of the Livonia Code of Ordinances, as amended; and the Mayor and City Clerk are hereby requested to execute a contract for and on behalf of the City of Livonia with the aforesaid company and do all other things necessary and incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: Feenstra and Ventura. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, this 999th Regular Meeting of the Council of the City of Livonia was duly adjourned at 8:55 P. M., February 9, 1983. ROB RT F. NASH, CITY CLERK