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HomeMy WebLinkAboutCOUNCIL MINTUES 1982-10-06 20031 MINUTES OF THE NINE HUNDRED AND NINETY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 6, 1982, 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 8:03 P. M. . Councilman Bennett delivered the invocation. Roll was called with the following result: Present: Robert E. McCann, Gerald Taylor, Fernon P. Feenstra, Alice Gundersen, Robert R. Bishop, Robert D. Bennett and Peter A. Ventura. Absent: None. Elected and appointed officials present: Robert F. Nash, City Clerk; Patricia L. Miencier, Deputy City Clerk; Harry C. Tatigian, City Attorney; Edward H. McNamara, Mayor; G. E. Siewert, City Engineer; Dan Gilmartin, Industrial Coordinator; John Nagy, City Planner; Robert Turner; Police Chief; Michael Reiser, urgency Preparedness Coordinator; Tommy Mitchell, Traffic Commission; Thaddeus J. Opalinski, Traffic Commission and William LaPine, Zoning Board of Appeals. By Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #687-82 RESOLVED, that the minutes of the 990th Regular Meeting of the Council of the City of Livonia, held September 22, 1982, are hereby approved.. The communication from the Finance Director dated September 21, 1982, transmitting various financial statements of the City of Livonia for the month ending August 31, 1982, was received and placed on file for the information of the Council. The following resolutions were offered by Councilman Feenstra and seconded by Councilman Bishop: #688-82 RESOLVED, THAT having considered a communication from the Director of Finance, dated August 26, 1982, approved for submission by the Mayor, submitted pursuant to Council Resolution 519-82, to which is attached the following reports with respect to cars owned or leased by the City of Livonia: 20032 (1) Vehicles operated under the management of the Department of Public Service; (2) Police and Fire vehicles; and (3) Leased vehicles the Council does hereby refer this item to the Committee of the Whole for further consideration. #689-82 RESOLVED, that having considered a communication from the City Engineer, dated September 15, 1982, 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, with regard to the installation of a traffic control signal device to be located at the intersection of Wayne Road and W. Chicago, the Council does hereby agree to and approve of the City of Livonia participating in the actual cost of installation and in the future maintenance (including electrical energy charges) of the aforesaid traffic signal control device to the extent of 50%, the total estimated cost of such installation being in the amount of $15,800, and the City's estimated cost of participation being in the amount of $7,900; and, further, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $7,900 from the 7.9 Million Dollar Street and Road General Obligation Bond Issue for this purpose and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the proposed cost agreement submitted in this regard; and the City Clerk is hereby requested to forward two certified copies of this resolution, together with the signed cost agreement, to the Wayne County Road Commiss- ion. The communication from the Division of Engineering dated September 3, 1982, with respect to final cost information for the Traffic Signal at Newburgh and Churchill High School Drive, was received and placed on file for the information of the Council. #690-82 RESOLVED, that having considered a communication from the Department of Law, dated September 7, 1982, approved for submission by the Mayor, with respect to the proposed lease of the west 34' of City-owned property on Seven Mile Road at Shadyside, the Council does hereby rescind and repeal Council Resolution 377-82 adopted on May 19, 1982, the action herein being taken for the reasons indicated in the aforesaid communication. The communication from the Department of Law dated September 9, 1982, Opinion No. 82-4, with respect to Purchase of Tax Bills and Tax Envelopes, was received and placed on file for the information of the Council. Imo #691-82 RESOLVED, that having considered the report and recommendation of the City Engineer dated September 3, 1982, 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 Allen Fence Company, 11.927 W. Warren Avenue, Dearborn, Michigan 20033 48126 for installing 150 l.f. of fencing including all posts and concrete bases adjoining a portion of Lot 99 of Smokier-Rousseau Subdivision #3, for the price of $552, the same having been in fact the lowest bid received and meets all specifications. #692-82 RESOLVED, that having considered a communication from the Depart- ment of Law, dated September 9, 1982, approved by the Director of Finance and approved for submission by the Mayor, to which is attached a letter dated September 7, 1982, from Robert German, Building Contractor, 31660 Bobrich, Livonia, Michigan 1+8152, with regard to certain City-owned property located on the southwest corner of Seven Mile Road and Shadyside, being Lots 283 through 289, Garden Grove Subdivision, wherein an offer to purchase in the amount of 530,000.00 is submitted by Robert German, the Council does hereby authorize the Department of Law to employ the services of an expert real estate appraiser in order to prepare an appraisal setting forth the fair cash market value of the subject property and for this purpose does hereby appropriate and authorize the expenditure of $300.00 from the Unexpended Fund Balance Account. #693-82 RESOLVED, that having considered a communication from the City Clerk dated September 21, 1982, to which is attached a petition signed by certain residents in the Buckingham Village Subdivision with respect to certain alleged unsightly conditions in the Buckingham Village Shopping Center, the Council does hereby refer this item to the Bureau of Inspection, Engineering Division, Police Division and Fire Division with the request that they review this petition and take whatever action may be required to assure ordinance compliance, and thereafter submit their respective reports and recommendations. #691+-82 RESOLVED, that having considered a communication from William N. Ponder, Attorney at Law, dated September 8, 1982, with respect to the claim of his clients Laurence G. Prieur and Beverly Prieur of 19261 Newburgh Road, Livonia, Michigan 1+8152, concerning certain drainage problems which resulted in basement flooding, the Council does hereby request that the Finance Director submit a report with respect to the status of this claim. The communication from the Division of Engineering dated September 3, 1982, with respect to final cost information for the 1981 ivLiscellaneous Paving Program, was received and placed on file for the information of the Council. #695-82 RESOLVED, that having considered a communication from the Livonia Jaycees, dated September 21+, 1982, wherein they have requested permission to conduct their Annual Haunted House at the Wilson Barn, and to operate a concession wagon in connection therewith, for the period of October 12, 1982 to November 2, 1982 during the hours of Sunday through Thursday from 7:00 p.m. to 10:00 p.m. , and Friday and Saturday from 7:00 p.m. to 11:00 p:m., the Council does hereby grant the permission herein requested including a waiver of all permits and license fees in connection therewith, the action herein being made subject to the Livonia Jaycees providing sufficient liability insurance. 2003+ #696-82 RESOLVED, that the Council having considered a communication from the City Engineer dated September 7, 1982, approved by the Director of Public Works and approved for submission by the Mayor and submitted pursu- ant to Council Resolution No. 602-82, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of ornamental street lighting with underground wiring in the Tanglewood Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for 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, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of September 15, 1982, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, November 10, 1982 at 7:00 P.M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilman Bishop, it was #697-82 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 20, 1982 and submitted pursuant to Council Resolution 619-82 in connection with a commiuv cation from the Superintendent of Public Service, dated July 13, 1982, approved by the Director of Finance and the Director of Public Works, and approved for submission by the Mayor with regard to an evaluation of roofs on City buildings and certain recommendations submitted in connection therewith, the Council does hereby determine to approve in concept the use of Municipal Building Authority Construction Funds and/or Municipal Building Authority Bonding as a source of funding for the re-roofing, in priority listing of the Police Headquarters Building, Senior Citizen Building and Fire Station #4; further, the Council does hereby request that the administration make an application for a Federal Public Works Grant to cover the cost of the required repairs to the roofs of the various City buildings. 20035 A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilman Taylor, it was #698-82 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated September 20, 1982 and submitted pursuant to Council Resolution 464-82 in connection with a communication from William N. Ponder, dated November 16, 1976, wherein certain sugges- tions were submitted in connection with certain facilities in honor of past city residents and their contributions to the City, the Council does hereby request and authorize the Department of Public Service to prepare and install a sign on Lots 324+ and 325 of Livonia Gardens Subdivision, in the N.E. 1/4 of Section 22, with the words "Harry S. Wolfe Playground", the property having been designated the same in Section 5-901 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #699-82 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 23, 1982 and submitted pursuant to Council Resolution 377-80 in connection with a communication from the Planning Director, dated March 19, 1980, approved for submission by the Mayor and submitted pursuant to Council Resolution 604-79, wherein certain amendments to the Livonia Zoning Ordinance are recommended for adoption, in accordance with provisions set forth in 1978 P.A. 628, the City's Zoning Enabling Act, the Council does hereby determine as follows: (1) To request that the City Planning Commission conduct a Public Hearing and thereafter submit a report and recommendation with respect to the proposed amendment to Section 19.06 which would add new sub-sections (i) and (j) thereto; and (2) To take no further action with respect to the proposed revision of Section 23.07 inasmuch as this proposed change has already been made by prior ordinance amendment. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Feenstra, it was 20036 #700...82 RESOLVED, that having considered the report and, recommendation of the Legislative Committee, dated September 23, 1982 and submitted pursuant to Council Resolution 378-80 in connection with a communication from the Planning Director, dated March 19, 1980, approved for submission by the Mayor and submitted pursuant to Council Resolution 1260-79 adopted on December 19, 1979, wherein it is recommended that certain amendments be adopted to the Livonia Code of Ordinances (Licensing) and the Zoning Ordinance with regard to food service establishments and, restaurants, the Council does hereby refer this item back to the Planning Department for further refinement and clarification with respect to the proposed classifications and definitions of food service establishments (restaurants). A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Feenstra, it was #701-82 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 23, 1982 and submitted pursuant to Council Resolution 379-80 in connection with a proposed amendment to the Zoning Ordinance, submitted by the Department of Law in a letter dated January It, 1980, submitted by the Planning Commission pursuant to Council Resolution 251-78 with respect to Petition No. 76-8-6-7 to Provide Standards for Determining the Use of Bakeries, etc. as Waiver Uses in C-1 Zoning Districts, and having been given its second reading by Councilman Bishop on January 30, 1980, the Council does hereby determine to take no further action at this time in view of the overall ordinance review for food service establishments in general. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 2 (MISDEMEANORS) OF TITTP. 8, OF TUE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 8-263 THERETO. 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. 20037 By Councilman Bennett, seconded by Councilman Feenstra, it was #702-82 RESOLVED, that haying considered the report and recommendation of the Committee of the Whole, dated September 16, 1982 and submitted pursu- ant to the following resolutions. CR 413-75, CR 569-78, CR 393-81, CR 945-74, CR 962-73, CR 845-75, CR 756-77, CR 680-79, CR 821-77, CR 568-78, CR 396-72, CR 1139-71, CR 698-72, CR 431-75, CR 295-79, CR 254-73, CR 97-77, CR 971-77, CR 714-75, CR 1030-76, CR 175-76, CR 230-67, CR 477-66, CR 1334-68, Ref. Year 1961, CR 1074-66, CR 1139-71, CR 501-77, CR 681-79 and CR 311-82, with regard to applications submitted for new full year Class "C" Licenses, the Council does hereby determine to take this means to advise the Michigan Liquor Control Commission that the City Council denies the following requests and would not recommend that these applications be approved by the Michigan Liquor Control Commission: (1) Andrew Ansara, LCC letter dated February 28, 1973; (2) Joseph J. Bargagna & Donald J. Showerman, LCC letter dated June 4, 1978; (3) Hassan Berro, LCC letter dated April 8, 1981; (4) Continental Restaurant Systems, Inc., ICC letter dated December 2, 1974, (5) Quincy Y. & Henry Y. Dong, LCC letter dated October 24, 1973; (6) Virginia M. Fann & Christine E. Schifko, LCC letter dated September 18, 1975; (7) Robert Gagliardi, LCC letter dated June 21, 1977, (8) Jeanette Gomboa, LCC letter dated June 26, 1979; (9) Jerome C. Gould, LCC letter dated August 17, 1977; (10) Hope's Fish & Chips, Inc., ICC letter dated June 4, 1978; (11) Harold Kelso, LCC letter dated April 14, 1972; (12) Rose Lendrum & Yukiko Wilkerson, LCC letter dated November 29, 1971; (13) Little Caesar Enterprises, Inc., LCC letter dated July 10, 1972; (14) Patrick J. McPharlin, LCC letter dated May 6, 1975; (15) Hugh Patrick O'Neill, LCC letter dated March 14, 1979; (16) Papageorgiou Bros. Enterprises, Inc., LCC letter dated March 14, 1973; (17) William N. Ponder, LCC letter dated January 7, 1977; (18) Racquetime of Livonia, Inc., ICC letter dated October 7, 1977; (19) Jack D Schmitz & Richard E. Yorch, LCC letter dated July 31, 1975, (20) Donald E. Vargo, LCC letter dated November 2, 1976; (21) Woi Choi, Inc., LCC letter dated January 30, 1976; (22) Angelo DiPonio, LCC letter dated February 8, 1967; (23) Edmund E. Filipek, ICC letter dated April 27, 1966; (24) Samuel M. Panzica, LCC letter dated October 7, 1968; (25) Anthony J. Reo, letter dated June 7, 1961; (26) Sebastian James Tringali, LCC letter dated October 5, 1966; (27) Joseph H. Jenkin, LCC letter dated July 13, 1971; (28) Maya Enterprises, Inc , LCC letter dated May 10, 1977; (29) Carlos Raoul Franco, LCC letter dated June 29, 1979; and (30) K-Mart Corporation, LCC letter dated April 19, 1982; 20038 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: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Feenstra, it was #703-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 16, 1982 and submitted pursuant to Council Resolution 603-81, with regard to Petition 80-6-6-8 wherein it was proposed to amend Section 11.03 of the Zoning Ordinance, so as to require waiver use approval for SDM license establishments in C-2 zoned districts, the Council does hereby request that in accordance with Section 23.01 (a) that the City Planning Commission conduct a Public Hearing and thereafter submit a report and recommendation on the question of whether or not to amend Section 11.03 and Section 10.03 so as to require waiver use approval of SDM licensed establishments in C-1 and C-2 zoning districts. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #704-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 16, 1982 and submitted pursuant to Council Resolution 902-79 in connection with a communication from the Mayor dated August 31, 1979 wherein it was requested that a Special Meeting of the Livonia City Council be held on 1• ednesday, September 5, 1979, at 7:00 P.M. for the purpose of considering the financing and acquisition of the Lincoln Elementary School, the Council does hereby determine to take no further action. By Councilman Taylor, seconded by Councilman Feenstra, it was #705-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 16, 1982 and submitted pursuant to Council Resolution 325-80 in connection with a communication from the Chief Librarian, dated March 3, 1980, approved for submission by the Mayor, and which transmits resolution 2-80, adopted by the Library Commission on February 18, 1980, wherein it is requested that the Council consider the placing of a proposal on the November, 1980 ballot to raise 1/2 mill for the operation of a proposed new library, the Council does hereby determine to take no further action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. 20039 By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #706-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 16, 1982 and submitted pursuant to Council Resolution 800-80 in connection with the entire question of funding of the Community Commission on Drug Abuse for year 1980-81, the Council does hereby determine to take no further action. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #707-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 16, 1982 and submitted pursuant to Council Resolution 1078-80 in connection with the proposed resolution submitted by the Mayor under date of December 9, 1980, requesting the Legislative body of the City of Livonia to support the one year freeze of the State Equalization Factor for 1981 which is now being debated in the Michigan State Legislature, the Council does hereby determine to take no further action. By Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, it was #708-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 16, 1982 and submitted pursuant to Council Resolution 482-81 in connection with a communication from the Department of Law, dated May 8, 1981, approved for submission by the Mayor, to which is attached a copy of an Offer to Purchase Real Estate dated April 9, 1981 from Lidia D. Veri, 35762 Veri, Lt fia, Michigan, with regard to certain City-owned property located on the north side of Seven Mile Road, west of Farmington Road, the Council does hereby determine to take no further action. By Councilman Feenstra, seconded by Councilman Taylor, it was #709-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 16, 1982 and submitted pursuant to Council Resolution 917-81 in connection with a communication from the City Planning Commission, dated August 11, 1981 which sets forth its resolution 8-139-81 adopted on August 4, 1981, with regard to Petition 81-5-2-9 submitted by Roaring 20's requesting waiver use approval to construct and operate a family restaurant on the north side of Schoolcraft Service Drive between Inkster and Middlebelt Roads in the Southeast 1/4 of Section 21., which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on September 28, 1981, pursuant to Council Resolution 727-81, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 81-5-2-9 is hereby denied for the same reasons as those set forth in the aforesaid action of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. 200+0 By Councilman Taylor, seconded by Councilman Feenstra, it was L #710-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 16, 1982 and submitted pursuant to Council Resolution 323-82 in connection with a letter from Mr. Stanton L. Walker of the law firm Greenberg, Walker & Watt, dated April 13, 1982, with regard to the action taken by the Council in resolution 271-82 wherein the Council did deny approval for a new full year Class "C" license to be located at 28121 Plymouth Road, Livonia, Michigan 48150 and having also considered a communication from the Depart- ment of Law dated April 22, 1982 with regard to an existing Class "C" liquor license located at 28121 Plymouth Road, the Council does hereby determine to take no further action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 5-510 OF L TITLE 5, CHAPTER 5, (SEWERS) OF THF, LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 12 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 81-9-1-20 FOR CHANGE OF ZONING FROM RUF TO C-1 A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: Bennett. 2001.1 The President declared the foregoing Ordinance duly adopted, and would become Leffective on publication. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 12 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 82-2-1-2 FOR CHANGE OF ZONING FROM RUF TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. 1?AYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 19 OF THE ZONING MAP OF THE CITY OF LIVONIA AND L 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 82-4-1-8 FOR CHANGE OF ZONING FROM C-4 TO M-1 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. By Councilman Feenstra, seconded by Councilman Taylor, it was #711-82 RESOLVED, that having considered a communication from the City Planning Commission, dated July 30, 1982 which sets forth its resolution #7-120-82 adopted on July 27, 1982, with regard to Petition 82-6-6-2 submitted by the City Planning Commission on its own motion to amend Section 2.10 of Zoning Ordinance No. 543, so as to amend the definition of mechanical amusement device to coincide with the definition set forth in the Livonia Code of Ordinances, and the Council having conducted a public hearing with regard to this matter on September 20, 1982, pursuant to Council Resolution 579-82, the Council does hereby concur in the recommenda- L tion of the Planning Commission and the said Petition 82-6-6-2 is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. 20042 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bennett, it was #712-82 RESOLVED, that having considered a communication from the City Planning Commission, dated July 30, 1982 which sets forth its resolution #7-121-82 adopted on July 27, 1982 with regard to Petition 82-6-6-3 submitted by the City Planning Commission on its own motion to amend Section 18.59 of Zoning Ordinance No. 51+3, Mechanical Amusement Devices, to amend the regulations pertaining to video games as accessory uses, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 82-6-6-3 is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 51.3, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 7.303(1) AND SECTION 7.3011. BY AMENDING SUB-PARAGRAPH (2) THEREOF AND ADDING SUB-PARAGRAPH (12) THERETO. 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. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 7-107, OF TITLE 7, CHAPTER 1 (BUILDING CODES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 7-107(15) THERETO. The foregoing Ordnance, when adopted, is filed in the Journal of Ordinances in the Loffice 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. 200+2 A ibrCouncilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 7-107 OF TITLE 7, CHAPTER 1 (BUILDING CODES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY REPEALING SECT'JON 7-107 (6) AND SECTION 7-107 (11) THEREOF. 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. 2001+3 By Councilman Ventura, seconded by Councilman Taylor, it was RESOLVED, that having considered a communication from the City Planning Commission, dated September 2, 1982, which transmits its resolu- tion #8-150-82 adopted on August 31, 1982 with regard to Petition 82-8-2-22, submitted by John J. Kosinski, requesting waiver use approval to construct and operate a Taco Bell Restaurant on property located on the west side of Farmington Road, south of Seven Mile Road in the Northeast 1/4 of Section 9, which property is zoned C-2, the Council does hereby table this matter for further consideration at the next Study Session to be conducted on October 11, 1982. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor and McCann. NAYS: Bennett, Feenstra, Gundersen and Bishop. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Taylor, it was RESOLVED, that having considered a communication from the City Planning Commission, dated September 2, 1982, which transmits its resolu- tion #8-150-82 adopted on August 31, 1982 with regard to Petition 82-8-2-22, submitted by John J. Kosinski, requesting waiver use approval to construct and operate a Taco Bell Restaurant on property located on the west side of Farmington Road, south of Seven vlile Road in the Northeast 1/4 of Section 9, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 82-8-2-22 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor and McCann. NAYS: Bennett, Feenstra, Gundersen and Bishop. The President declared the resolution DENIED. By Councilman Bennett, seconded by Councilman Bishop, it was #713-82 RESOLVED, that having considered a communication from the City Planning Commission, dated September 2, 1982, which transmits its resolu- tion #8-150-82 adopted on August 31, 1982 with regard to Petition 82-8-2-22, submitted by Jhn J. Kosinski, requesting waiver use approval to construct and operate a Taco Bell Restaurant on property zoned C-2, located on the west side of Farmington Road south of Seven Mile Road in the Northeast 1/1+ of Section 9, the Council does hereby reject the recommenda- tion of the Planning Commission and Petition 82-8-2-22 is hereby denied, the Council having determined as a matter of fact that the petitioner has failed to affirmatively demonstrate that the proposed waiver use complies with the general standards and requirements set forth in Section 19.06 of the Zoning Ordinance, and for the following additional reasons: 200114 (1) The proposed use is not in harmony with or appropriate to the surrounding development of the area. (2) The proposed use would be hazardous to the area from a traffic standpoint. Traffic to and from the site will cause undue conflict with the traffic in the area as the proximity of this proposed use to the intersection of 7 Mile and Farmington is too close to provide for safe and proper turning movements to and from the site. (3) This site does not have full capacity to support the intended use, as proposed development must rely on the off- street parking area to the north to meet its full off-street parking requirements in accordance with the zoning ordinance requirements. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Feenstra, Gundersen and Bishop. NAYS: Ventura, Taylor and McCann. The President declared the resolution ADOPTED. By Councilman Taylor, seconded by Councilman Ventura, it was #711+-82 RESOLVED, that having considered a communication from the City Planning Commission, dated August 19, 1982, which transmits its resolution #8-135-82 adopted on August 17, 1982 with regard to Petition 82-7-2-19, submitted by James A. Moody, requesting waiver use approval to operate a restaurant within an existing building located on the southwest corner of Eight Mile Road and Grand River in the Northeast 1/4 of Section 1 which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 82-7-2-19 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen and McCann. NAYS: Bishop. The President declared the resolution ADOPTED. By Councilman Ventura, seconded by Councilman Feenstra, it was #715-82 RESOLVED, that having considered a communication from the Planning Director dated September 7, 1982, approved for submission by the Mayor wherein it is recommended that certain revisions be made to the Property Rehabilitation Manual which will be used in connection with the City's proposed Housing Rehabilitation Program using Housing and Community Development Block Grant funds, the Council does hereby concur and approve said revisions. 200+5 A roll call vote was taken on the foregoing resolution with the following result: ifto AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Taylor, it was #716-82 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August Ii, 1982 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on September 20, 1982, after due notice as required by Section 2-607 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 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 on Flamingo Avenue from Seven Mile to Pembroke, in the Southwest 1/4+ of Section 2, 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 improve- ment as set forth in said statement dated August 4, 1982; (4) determine that the estimated cost of such improvement is $56,296.47; (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 15% ($7,8+4.47) plus roadway preparation and ditching ($4,000) and that the balance of said cost and expense of said public improvement amounting to $44,452 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; 2001.6 (8) designate the assessment district, describing the ims land and premises upon which special assessments shall be levied as follows: A special assessment district in the S.W. 1/1+ of Section 2, T. 1 S., R. 9 E , City of Livonia, Wayne County, Michigan, described as containing the following property: Bureau of Taxation Parcels 02p15b; 02p1+1+; 02p145; 02p1+6;; 02p1+7a; 02p1+7b; 02p1+8; 02p1.9, 02P50; 02P51, 02P52a; 02p52b,53; 02P51+a; 02p54b,55a1; 02p55a2,55b1; 02p55b2; 02p56; 02p57; 02P58al,bla2c; 02p58a2; 02P58blala; 02p59; 02p60,61a; 02p61b; 02p62; 02p63; 02p61+; 02p65; 02p66; 02p67; 02p68; 02p69, 02p70; and 02p71. (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 ims 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 2-510 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 2-511 of the said Code. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: Ventura. The President declared the resolution ADOPTED. By Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #717-82 RESOLVED, that the Council does hereby request that the Traffic Commission consider the installation of a Four-Way Stop Sign at the intersection of Osmus and Norfolk and thereafter submit its report and recommendation in this regard. 20047 By Councilman Taylor, seconded by Councilman Ventura, it was #718-82 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 5, 1982 pursuant to Council Resolution 372-82 adopted on May 19, 1982 and in accordance with the provisions of Section 2-506 of Title 2, Chapter 5, of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed street improvement of Osmus Avenue from Eight Mile to Pembroke, City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on September 20, 1982 pursuant to Council Resolution 589-82, after due notice as required by Title 2, Chapter 5 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the Special Assessment proceeding heretofore commenced for the proposed improvement. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Ventura, Taylor, Gundersen and McCann. NAYS: Feenstra and Bishop. The President declared the resolution ADOPTED. By Councilman Bennett, seconded by Councilman Ventura, it was #719-82 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 10, 1982 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on September 20, 1982, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of either a 31' wide concrete pavement with integral curbs (Alternate I), a 31' wide full-depth asphalt pavement with concrete curbs and gutters (Alternate II), or 27' wide frill-depth asphalt pavement with valley wales (Alternate III) on Brentwood Avenue south of Seven mile Road in the Northwest 1/4 of Section 12, 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 August 10, 1982; (4) determine that the estimated cost of such improvement is $L07,064.00 for either the Alternate I or Alternate II improvement and $359,573.00 for the Alternate III improve- ment; 20048 (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 either, $61,059.60 for the Alternate I or Alternate II improvement and $53,935.98 for the Alternate III improve- ment based upon the City assuming 15% of the total paving and drainage costs (Method A) or $164,860.92 for the Alternate I or Alternate II improvement and $157,737.30 for the Alternate III improvement based upon the City assuming 15% of the paving cost and 100% of the drainage cost (Method B) and that the balance of said cost and expense of said public improvement amounting to $346,004.40 for the Alternate I or Alternate II improvement and $305,637.22 for the Alternate III improvement based upon 85% of the total paving and drainage costs (Method A) being specially assessed, or $242,203.08 for the Alternate I or Alternate II improvement and $201,835.90 for the Alternate III improve- ment based upon 85% of the paving cost only (Method B) being specially assessed 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: A special assessment district in the N. W. 1/4 of Section 12, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan described as containing the following property: Lots 1 through 6, both inclusive, of Brentwood Gardens Subdivision, as recorded in Liber 83, Page 29 of Wayne County Records; Lots 16 through 53, both inclusive of Thomas F. O'Connor's Subdivision as recorded in Liber 68, Page 96 of Wayne County Records and Parcels 12B19, 12B20a, 12B20b,321,B22a1, 12R22a2a, 12B22a2b, 12B22a2c, 121122b1, 12B22b2, 12B23a, 12B25ala, 12B25alb, 12b25a2, 12B25b, 12B26ala, 12b26a1b, 12B26a2a, 12B26a2b, 12B51b2,B53, 12B52, 12B54a, 12B54bla, 12B54b2, 12B55a, 12C12a1, 12C12a2,12b1, 12C12b2, 12C12c, 12C13a, 12C13b1, 12C13b2, 12C13c, 12C14a, 12C15a, 12C15b1, 12C16a, 12C16b and 12C17al. (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 20049 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 2-510 of the Livonia Code of Or- dinances, 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 2-511 of the said Code. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Feenstra, it was #720-82 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated August 26, 1982 which bears the signature of the Director of Finance and is approved for submission 'by the Mayor, the Council does hereby accept the bid of Motorola Communications & Electronics, Inc., 20300 Civic Center Drive, Suite 310, Southfield, Michigan 48076 to supply the Police Division with a Test Equipment - Communications Monitor, Motorola R-2001B for a net price of $13,665 ($14,365 less trade-in of $700), 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 an additional sum of $187 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen and McCann. NAYS: Bishop. The President declared the resolution ADOPTED. By Councilman Bennett, seconded by Councilman Ventura, it was #721-82 RESOLVED, that having considered a communication from the City Clerk dated September 17, 1982, to which is attached a communication from Plante & Moran, Certified Public Accountants, 26211 Central Park Boulevard, P.O. Box 307, Southfield, Michigan 48037, dated September 14, 1982, the Council does hereby determine to retain the firm of Plante & Moran, Certified Public Accountants, for performing the annual independent audit of the accounts of the City of Livonia for the year ending November 30, 1982, as required by the City Charter and in accordance with the guidelines set forth in the State Uniform Accounting Act, 1978, P.A. 2, for a total fee not to exceed $33,700, the allocation of which shall be as follows: 20050 General Fund $ 20,000 Municipal Refuse Disposal Fund 2,200 Special Assessment Fund 3,500 Water and Sewer Fund 8,000 S 33,700 and further, the City Clerk, as internal auditor of the City of Livonia, is hereby authorized to enter into a formal agreement with said firm, subject to approval as to form by the City Attorney, and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #722-82 RESOLVED, that having considered the report and recommendation of the City Treasurer, dated September 14, 1982, the Council does hereby authorize the purchase of tax bills from Frank McMullin Business Forms, P.O. Box 130, Farmington, Michigan 48024, said purchase not to exceed a total sum in the amount of $2,000; FURTHER, the Council does hereby determine to authorize the said purchase 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)(4) and (5) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Feenstra, it was #723-82 RESOLVED, that having considered a communication from the City Planning Commission dated August 25, 1982 which sets forth its resolution 8-136-82, adopted on August 24, 1982 with regard to Petition 82-7-1-9 submitted by Laurence S. Balauch for a change of zoning on property located on the south side of Schoolcraft Service Drive between Merriman Road and Hubbard in the Northeast 1/I+ of Section 27, from M-2 to C-3, and the Council having conducted a public hearing on September 27, 1982 pursuant to Council Resolution 629-82, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 82-7-1-9 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 54+3, as amended, in accordance with this resolution. The following substitute resolution was offered by Councilman Taylor and seconded by Councilman McCann: 20051 RESOLVED, that having considered a communication from the City L Planning Commission dated August 25, 1982 which sets forth its resolution 8-136-82, adopted on August 24, 1982 with regard to Petition 82-7-1-9 submitted by Laurence S. Balauch for a change of zoning on property located on the south side of Schoolcraft Service Drive between Merriman Road and Hubbard in the Northeast 1/4 of Section 27, from M-2 to C-3, and the Council having conducted a public hearing on September 27, 1982 pursuant to Council Resolution 629-82, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 82-7-1-9 is hereby approved as modified so as to grant a zoning change from M-2 to C-2, and deny the request to rezone this property from M-2 to C-3, and the City Planner is hereby instructed to cause the necessary map for publica- tion to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Taylor and McCann. NAYS: Bennett, Ventura, Feenstra, Gundersen and Bishop. The President declared the substitute resolution DENIED. LA roll call vote was taken on the original resolution with the following result: AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen and Bishop. NAYS: McCann. The President declared the resolution ADOPTED. By Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #721+-82 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 Councilman Taylor, seconded by Councilman Bishop, it was #725-82 RESOLVED, that the Council does hereby amend and revise Council Resolution 678-82 so that the proposed classifications and rates of pay be effective only for the period October 1, 1982 through September 30, 1983 (and not November 10, 1983) , and the balance of Council Resolution 678-82 shall remain in full force and effect. A roll call vote was taken on the foregoing resolution with the following result. LAYES: Bennett, Ventura, Taylor, Gundersen, Bishop and McCann. NAYS: Feenstra. The President declared the resolution ADOPTED. 20052 By Councilwoman Gundersen, seconded by Councilman Taylor, and unanimously adopted, it was #726-82 RESOLVED, that having considered a communication from the Coventry Gardens Improvement Association dated October 5, 1982, the Council does hereby grant permission to close the following street locations on Sunday October 31, 1982 from 7:30 P.M. to 10:00 P.M. for the purpose of conducting an annual Halloween Block Party at Coventry Park: Rayburn at Farmington Myrna at Farmington Rayburn at Stamford Edington at Rayburn the action herein being made subject to the approval of the Police Department. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, this 991st Regular Meeting of the Council of the City of Livonia was duly adjourned at 8:50 P. M., October 6, 1982. R RT F. NASH, CITY CLERK