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HomeMy WebLinkAboutCOUNCIL MINUTES 1982-06-02 19833 MINUTES OF THE NINE HUNDRED AND EIGHTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 2, 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 Feenstra 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; John Nagy, City Planner, G. E. Siemert, City Engineer; Michael Reiser, Emergency Preparedness Coordinator, and James M. Inglis, Director, Livonia Housing Commission. By Councilman Taylor, seconded by Councilman Ventura, and *unanimously adopted, it was #404-82 RESOLVED, that the minutes of the 982nd Regular Meeting of the Council of the City of Livonia, held May 19, 1982, are hereby approved. *Councilman Bennett and 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 Finance Director dated May 19, 1982, transmitting various financial statements of the City of Livonia for the month ending April 30, 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 Taylor: The communication from the Finance Director dated April 29, 1982, with respect to closing of City account by the City Treasurer, was received and placed on file for the information of the Council. 19884 #405-82 RESOLVED, that having considered the report and recommendati.ur c: the Superintendent of Public Service, dated May 4, 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 amend and revise Council Resolution 301-82 adopted on April 21, 1982 so as to delete therefrom the acceptance of the bid of Edward C. Levy Company with respect to 21AA Limestone at $4.65 per ton, inasmuch as the same is not in compliance with specifications for 21AA Limestone; FURTHER, the Council does hereby accept the unit price bid of Metro Transport, Inc., 30021 Wixom Road, Wixom, Michigan 48096, for supplying the Public Service Division (Road Maintenance Section) with 21AA Limestone for the price of $5.20 per ton through April 1, 1983, the same having been in fact the lowest bid received which meets specifications for this item. #406-82 RESOLVED, that having considered a communication from the Director of Community Resources, dated May 6, 1982, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept a cash donation in the amount of $300.00 from the Livonia Midday Kiwanis Club to be used for emergency purposes for Livonia residents who are in need of immediate financial assistance; FURTHER, the Council does hereby appropriate the sum of $300.00 from the Unexpended Fund Balance Account to be transferred to the Mayor's Emergency Fund Account No. 101-173-841.000.000; and the Council does hereby take this means to indicate its sincere appreciation and thanks to the Livonia Midday Kiwanis Club for this fine and generous gesture. #407-82 RESOLVED, that having considered a communication from the Mayor, dated May 13, 1982, with regard to the vandalized and abandoned building located at the Northeast corner of Eckles and Schoolcraft (39390 School- craft) which was formerly used as a car wash and the ownership of which recently enured to the City of Livonia, the Council does hereby request and authorize the Department of Public Works to demolish the said building and thereafter restore the subject land and/or to take competitive bids for submission to Council. #408-82 RESOLVED, that having considered a communication from the Mayor, dated May 13, 1982, wherein it is indicated that Mr. Peter A. Ventura, 16832 Surrey, Livonia, Michigan 48154, has been reappointed to the Board of Directors of the Economic Development Corporation of the City of Livonia for a six year term expiring May 23, 1988, the Council does hereby approve of and concur in the aforesaid action provided that the aforesaid person takes the Oath of Office as required in Section 3, Chapter X of the City Charter, to be administered by the Office of the City Clerk. #409-82 RESOLVED, that having considered a communication from the Mayor dated May 10, 1982, the Council does hereby approve of and concur in the reappointment of Mr. Joseph J. Falk, 16266 Fairway Drive, Livonia, Michi- gan 48154, to the City Planning Commission for a term which will expire on June 9, 1985, provided that Mr. Falk takes the Oath of Office as required in Section 3, Chapter X of the City Charter, to be administered by the City Clerk. 19885 #410-82 RESOLVED, that having considered a communication from the Mayor, dated May 10, 1982, the Council does hereby approve of and concur in the reappointment of Mr. Jerome William Zimmer, 9918 Cranston, Livonia, Michigan 48154, to the City Planning Commission for a term which will expire on June 9, 1985, provided that Mr. Zimmer takes the Oath of Office as required in Section 3, Chapter X of the City Charter to be administered by the City Clerk. #411-82 RESOLVED, that having considered a communication from the Mayor, dated May 10, 1982, the Council does hereby approve of and concur in the reappointment of Mrs. Donna Naidow, 29814 Richland, Livonia, Michigan 48154, to the City Planning Commission for a term which will expire on June 9, 1985, provided that Mrs. Naidow takes the Oath of Office as required in Section 3, Chapter X of the City Charter to be administered by the City Clerk. #412-82 RESOLVED, that having considered a communication from the Mayor, dated May 13, 1982, wherein it is indicated that Mr. Angelo A. Plakas, 36702 Whitcomb, Livonia, Michigan 48154, has been reappointed to the Board of Directors of the Economic Development Corporation of the City of Livonia for a five year term expiring June 7, 1987, the Council does hereby approve of and concur in the aforesaid action, provided that the aforesaid person takes the Oath of Office as required in Section 3, Chapter X of the City Charter, to be administered by the Office of the City Clerk. #413-82 RESOLVED, that having considered a communication from the Mayor, dated May 13, 1982, wherein it is indicated that Mr. Robert Jankowski, 15583 Hix Court, Livonia, Michigan 48154, has been reappointed to the Board of Directors of the Economic Development Corporation of the City of Livonia for a four year term expiring June 7, 1986, the Council does hereby approve of and concur in the aforesaid action, provided that the aforesaid person takes the Oath of Office as required in Section 3, Chapter X of the City Charter to be administered by the Office of the City Clerk. #414-82 RESOLVED, that having considered a petition submitted by certain residents of Flamingo Avenue, north of Seven Mile Road, received by the office of the City Clerk on May 5, 1982, requesting the improvement of Flamingo Avenue in this area, the Council does hereby refer this item to the City Engineer for his report and recommendation. #415-82 RESOLVED, that having considered the communication from the City Planning Commission, dated May 3, 1982, which transmits its resolution 4-77-82, adopted on April 27, 1982, with regard to Petition 81-8-2-20 submitted Fly. Smniaga Fonds. 1 hc., requesting approval of a sign plan submitted in connection with a condition of approval of Petition 81-8-2-20 relative to the location of a restaurant within an existing building located in the shopping center on the northeast corner of Plymouth and Middlebelt Roads in the Southwest 1/4 of Section 25, the Council does hereby concur in the recommendation made by the City Planning Commission and the said Sign Plan is hereby approved, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. 19886 #416-82 RESOLVED, that having considered a communication from the City Planning Commission, dated May 3, 1982, which transmits its resolution 4-72-82, adopted on April 27, 1982, with regard to Petition 81-12-2-27 submitted by Peter A. Basile, requesting waiver use approval to expand an existing cement contractor business located on the east side of Merriman Road between Plymouth Road and the C & 0 Railway in the Southwest 1/4 of Section 26, which property is zoned M-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 81-12-2-27 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. #417-82 RESOLVED, that having considered a communication from the City Planning Commission, dated May 3, 1982, which transmits its resolution 4-80-82, adopted on April 27, 1982, with regard to Petition 81-6-8-18 submitted by James L. Young, requesting an approval of a sign plan submitted in connection with Petition 81-6-8-18 for a proposal to construct a retail building on the southwest corner of Seven Mile and Irving in the Northeast 1/4 of Section 9, pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and the said Sign Plan 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. #418-82 RESOLVED, that having considered a communication from the Depart- ment of Law, dated May 14, 1982, approved by the Director of Finance and approved for submission by the Mayor, and which submits a proposed Agreement for summer tax collection between the City of Livonia and the Clarenceville Public School District of Oakland and Wayne Counties, the Council does hereby request and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said Agreement in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution. #419-82 RESOLVED, that having considered a letter, dated May 20, 1982, from Cheryl A. Zielonka, spokesperson for certain neighbors on Washington requesting permission to close Washington between Hubbard and Wyoming on June 27, 1982 from 2.00 P.M. t9 8:00 P.M. for the purpose of having a block party, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. #420-82 WHEREAS, pursuant to the direction of the City Council in its resolution No. 177-82, adopted on March 10, 1982, and in accordance with Section 2-514 (street lights) of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of May 13, 1982 an assessment roll dated May 7, 1982 for the improvement consisting of the installation of high pressure sodium street lighting with colonial post-top lighting fixtures with underground wiring in Hidden Pines Subdivision containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution No. 177-82. 19887 THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit- that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Monday, July 19, 1982 at 8:00 P.M. to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally and throughout the said City, at least ten (10) days prior to the aforesaid date of July 19, 1982, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. #421-82 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 5.293+, MCLA 125.58 .), 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 Monday, July 19, 1982 at 8.00 P.M. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 82-2-1-2, submitted by Farley Building Co., Inc. for a change of zoning of property located on the northeast corner of Middlebelt Road and Pickford Avenue in the Northwest 1/4 of Section 12, from RUF to P.S., the City Planning Commission in its resolution 5-88-82 having recommended to the City Council that Petition 82-2-1-2 be approved; (2) Petition 82-4-1-6, submitted by Keith E. Mino for a change of zoning of property located on the southwest corner of Farmington Road and Pickford in the Northeast 1/4 of Section 9, from R-3 to P.S., the City Planning Commission in its resolution 5-82-82 having recommended to the City Council that Petition 82-4-1-6 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/or) (b) location of the proposed changes of zoning as set forth above, 19888 first to be published in the official newspaper of the City of Livonia or a newspaper of general circulation in the City of Livonia as well as to, Ime not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or rail- road 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. #422-82 RESOLVED, that having considered a communication dated May 19, 1982 from Sutherland's Fish & Chips which in accordance with the provi- sions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on May 18, 1982 by the City Planning Commission in its resolution 5-93-82 with regard to Petition 82-4-8-10 submitted by James B. Sutherland requesting approval of all plans required by Section 18.47 submitted in connection with a propos- al to utilize property located on the north side of Seven Mile Road between Middlebelt Road and Parkville for parking purposes, the Council does hereby designate Monday, July 19, 1982, at 8:00 P.M. as the date and time for conducting a Public Hearing with regard to this matter, such Hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such Hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. lbw A roll call vote was taken on the foregoing resolutions with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: None. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 6 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 82-1-1-1 FOR CHANGE OF ZONING FROM M-1 TO C-2. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Feenstra, Bishop, Ventura, Taylor and McCann. NAYS: Gundersen and Bennett. ibmThe President declared the foregoing Ordinance duly adopted, and would become effective on publication. 19889 By Councilman Ventura, seconded by Councilman Bennett, and unanimously Ladopted, it was #423-82 RESOLVED, that the Council does hereby remove from the Committee of the Whole and place on the table for consideration the following items: a. Petition 81-3-2-3 which seeks waiver use approval for a SDD license (CR 604-81), and, b. Request for a new SDD license submitted by Marilyn Bennett (CR 43-82) . By Councilman Bennett, seconded by Councilwoman Gundersen, it was RESOLVED, that having considered a communication from the City Planning Commission, dated June 22, 1981, which transmits its resolution 6-101-81 adopted on June 9, 1981, with regard to Petition 81-3-2-3, submitted by Marilyn Bennett, requesting waiver use approval to utilize an SDD license in connection with an existing party store located on the east side of Middlebelt between Seven Mile Road and Dardanella in the Northwest 1/4 of Section 12, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 81-3-2-3 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: L AYES: Gundersen and Bennett. NAYS: Feenstra, Bishop, Ventura, Taylor and McCann. The President declared the resolution DENIED. By Councilman Feenstra, seconded by Councilman Taylor, it was #424-82 RESOLVED, that having considered a communication from the City Planning Commission, dated June 22, 1981, which transmits its resolution 6-101-81 adopted on June 9, 1981, with regard to Petition 81-3-2-3, submitted by Marilyn Bennett, requesting waiver use approval to utilize an SDD license in connection with an existing party store located on the east side of Middlebelt between Seven Mile Road and Dardanella in the Northwest 1/4 of Section 12, which property is zoned C-2, the Council does hereby reject the recommendation of the Planning Commission and Petition 81-3-2-3 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: L (1) The petitioner has failed to affirmatively show that the proposed use is in compliance with the general waiver use standards and requirements set forth in Section 19.06 of Zoning Ordinance #543. 19890 (2) The proposed use would be detrimental to and incompatible with the adjoining uses of the area. (3) The location and size of the proposed use, the nature and intensity of the principal use, the site layout and its relation to the street giving access to it will be such that traffic to and from the site will be hazardous to the neighborhood since it will unduly conflict with the normal traffic of the area. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Bishop, Ventura, Taylor and McCann. NAYS: Gundersen and Bennett. e President declared the resolution adopted. By Councilman Feenstra, seconded by Councilman Taylor, it was #425-82 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated April 19, 1982, with regard to an application for a new SDD license submitted by Marilyn Bennett to be held in conjunction with an existing 1981-82 SDM licensed business located at 19036 Middlebelt Road, Livonia, Michigan, the Council does hereby recommend that the Liquor Control Commission deny at this time the said request inasmuch as the application would be in violation of and in non-compliance with the requirements prescribed by the Livonia Zoning Ordinance No. 543, as amended; and the City Clerk is hereby requested to submit 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, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: Gundersen. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Bishop, it was #426-82 RESOLVED, that having considered a letter from the Mayor, dated April 26, 1982, to which is attached a letter from the Out-Wayne County Area Agency on Aging, dated April 15, 1982, wherein it is requested that the City contribute $3,144.00 as the City' s share in community match funding for this organization, the Council does hereby appropriate and authorize the expenditure of the sum of $3,144.00 from the Unexpended Fund Balance Account for this purpose. 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. 19891 By Councilman Ventura, seconded by Councilman Taylor, it was #427-82 RtOLVED, that having considered a communication from the City Clerk, dated-May 11, 1982, with regard to the Annual Livonia Heart Fund golf outing scheduled to be conducted on September 15, 1982 at the Whispering Willows Municipal Golf Course, the Council does hereby determine to authorize the closing of the said Golf Course on this date to the public for the purpose of conducting the said golf outing; FURTHER, the Council does hereby authorize the waiving of all greens fees for those participating in this event and requests that the golf pro and the Superintendent of Parks and Recreation do all things necessary or incidental to the full performance of this resolution. 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. Councilman Ventura offered the following resolution: RESOLVED, that having considered a communication from the City Assessor, dated May 12, 1982, with regard to the preparation of the 1932 Assessment Roll, the Council does hereby determine to table this matter. By Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #428-82 RESOLVED, that having considered a communication from the City Assessor, dated May 12, 1982, with regard to the preparation of the 1982 Assessment Roll, the Council does hereby refer this item to the Commituee of the Whole for further consideration; FURTHER, the Council does hereby request that the City Treasurer submit her report and recommendation with respect to this item. By Councilman Feenstra, seconded by Councilman Ventura, it was #429-82 RESOLVED, that having considered a communication from the Livonia Housing Commission, dated May 12, 1982, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the following budget transfers for the Silver Villa`e 1981-1982 budget: Revenue Account Amount Increased Amount Decreased 296-831-931-000-000 $2,000.00 - Building Maintenance 296-831-766-000-000 500.00 - Tools & Supplies 296-831-818-020-000 250.00 - Contractural Services 19892 I;evenue Account Amount Increased Amount Decreased. 296-831-702-000-000 - $1,400.00 Salaries & Wages 296-831-719-000-000 - $1,350.00 12edical Payments TOTAL $ 2,750.00 S 2,750.00 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 #430-82 RESOLVED, that having considered a communication from the City Planning Commission, dated April 6, 1982, which sets forth its resolution 3-56-82, adopted on March 30, 1982, with regard to a request to make certain changes in a previously approved site plan (Petition 77-3-8-7) by reducing the sidewalk in relation to the new commercial building from 14' in width to 10' and by eliminating the planter boxes and benches, such property being located on the south side of Eight Mile Road between Grand River and Angling in Section 1, and the Council having conducted a public hearing with regard to the matter on May 24, 1982, pursuant to Council Resolution 295-82, the Council does hereby refer this matter to the City Planning Department staff for the purpose of developing an alternative plan with the petitioner with respect to planter boxes, sidewalk widths and Landscaping for submission to Council. 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 Councilman Taylor gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 22 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 81-10-1-23 FOR CHANGE OF ZONING FROM C-1 TO C-2. 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. 19893 By Councilman Bishop, seconded by Councilman Feenstra, it was #431-82 RESOLVED, that having considered a communication from the City Planning Commission, dated March 30, 1982, which sets forth its resolution 3-40-82 with regard to Petition 82-3-6-1 submitted by the City Planning Commission to amend Section 11.03 of Zoning Ordinance No. 543 to include regulations relating to automotive transmission repair businesses as waiver uses in C-2 Districts, and the Council having conducted a public hearing with regard to this matter on May 10, 1982, pursuant to Council Resolution 272-82, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 82-3-6-1 (as revised) is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordar with this resolution. 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, it was #432-82 RESOLVED, that having considered a communication from the City Planning Commission, dated March 22, 1982, which sets forth its resoluJ n 3-35-82 adopted on March 16, 1982 with regard to Petition 82-2-1-3, submitted by James and Kathryn McQuade requesting to rezone property located on the east side of Farmington Road between Pickford and Curtis in the Northwest 1/4 of Section 10, from R-1 to P.S. , and the Council having conducted a public hearing with regard to this matter on May 10, 1982, pursuant to Council Resolution No. 237-82, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 82-2-1-3 is hereby denied for the same reasons as those set forth in the action taken by 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 Ventura, it was #433-82 RESOLVED, that having considered a communication from the City Planning Commission, dated April 5, 1982, which sets forth its resolution 3-48-82 adopted on March 30, 1982 with regard to Petition 82-2-1-4, submitted by Walter Pivetta for a change of zoning on property located west of Inkster Road, south of the I-96 Freeway in the Northeast 1/4 of Section 25, from M-1 to M-2, and the Council having conducted a public hearing with regard to this matter on May 24, 1982, pursuant to Council Resolution No. 296-82, the Council does hereby refer this item to the next Study Session to be conducted on June 7, 1982. A roll call vote was taken on the foregoing resolution with the following result: 19894 AYES: Gunderson, Bennett, Ventura, Taylor and McCann. NAYS: Feenstra and Bishop. ?'he President declared the resolution adopted. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 4 (WATER) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING PARAGRAPH (k) TO SECTION 5-413 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. 4 above Ordinance was placed on the table for consideration at the next regular —cc,';;n.; of the Council. Councilman Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 5-109, 5-110 AND 5-115 OF CHAPTER 1 (STREETS AND SIDEWALKS) OF TITLE 5 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. By Councilman Taylor, seconded by Councilman Feenstra, it was #434..82 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Hy-Form Products, Inc., dated January 12, 1982, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 9; and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i.e., the City of Livonia, and advised each of them that the said Application has been received; and WHEREAS, the City Council has afforded Hy Form, Inc., the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 8:00 p.m. , May 24, 1982 at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, 19895 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS: 1. That the City Council, on the basis of the information received from the applicant, Hy-Form, Inc. finds and determines: (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No. 198, P.A. 1974, as amended. 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Hy-Form, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No. 9, for eight (8) years. By Councilman Bennett, seconded by Councilman Bishop, it was RESOLVED, that the foregoing resolution be amended so as to provide for a six (6) year certificate. A roll call vote was taken on the foregoing amendment with the following result: AYES: Gundersen, Bishop and Bennett. NAYS: Feenstra, Ventura, Taylor and McCann. The President declared the amendment DENIED. A roll call vote was taken on the original resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: None. 19896 By Councilman Feenstra, seconded by Councilman Taylor, it was #435-82 RESOLVED, that having considered a communication from the Cit Engineer, dated May 21, 1982, approved by the Director of Public Works and approved for submission by the Mayor, concerning improvement of sidewalk and driveway approaches at the following locations: PARCEL NUMBER SIDEWALK - REMOVE AND REPLACE 01f419ala 25 Sq. Ft. O1d448 50 Sq. Ft. O1d448 75 Sq. Ft. Old397 75 Sq. Ft. 01e394b,2a 25 Sq. Ft. 01m247 50 Sq. Ft. 01m211.8 350 Sq. Ft. 01m3 50 Sq. Ft. 01M29 50 Sq. Ft. 01m35 25 Sq. Ft. 01m58 25 Sq. Ft. O1m64 50 Sq Ft. 01m66 50 Sq. Ft O1m94 50 Sq. Ft. O1m95 100 Sq. Ft. O1m243 125 Sq. Ft. 01j277 75 Sq. Ft. 01j278 125 Sq. Ft 01j195a 25 Sq. Ft. 01j197 25 Sq. Ft. 01j204 25 Sq. Ft. 01j212 50 Sq. Ft. 01j223 50 Sq. Ft. O1MM2 25 Sq. Ft. 1989( PARCEL NUMBER SIDEWALK - RE.vjOVE AAD REPLItL E O1j164 25 Sq. Ft. 01j171 25 Sq. Ft. 01j82 25 Sq. Ft. 01j86 50 Sq. Ft. 01j97 50 Sq. Ft. 01d295 50 Sq. Ft. O1d25 50 Sq. Ft. O1d13 50 Sq. Ft. 04431,432,433 50 Sq. Ft. 04 445,446,447 25 Sq. Ft. 01j510-511 25 Sq. Ft. 01j515,516 50 Sq. Ft. Ike01j521,522 50 Sq. Ft. 01j525 50 Sq. Ft. 01m21.6 50 Sq. Ft. 01j337 25 Sq. Ft. 04478,479 250 Sq. Ft. 01n262 150 Sq. Ft. 01n259 50 Sq. Ft. 01n257 50 Sq. Ft. 01n256 25 Sq. Ft. 01n255 50 Sq. Ft. 01n249 50 Sq. Ft. 01m52 25 Sq. Ft. 01m192a 25 Sq. Ft. 01m191 25 Sq. Ft. 01m54 50 Sq. Ft. 01m130 50 Sq. Ft. 19898 PARCEL NUMBER SIDEWALK - REMOVE AND REPLACE 01m173 01BB20a 50 Sq. Ft. 25 Sq. Ft. O1Z35a 25 Sq. Ft. 01Z38a 25 Sq. Ft. 01Z46a 25 Sq. Ft. 01Z48a 50 Sq. Ft. 01Z57a 25 Sq. Ft. 01Z74a 25 Sq. Ft. O1d489-490 100 Sq. Ft. old486 150 Sq. Ft. 01m0LB 72 Sq. Ft. 01m245 50 Sq. Ft. 01m63 50 Sq. Ft. 01j369 72 Sq. Ft. 01j375 50 Sq. Ft. 04375 50 Sq. Ft. 04408 50 Sq. Ft. 01j277 100 Sq. Ft. 01j278 150 Sq. Ft. 04195b,196 255 Sq. Ft. 01j212 755 Sq. Ft. 01j220 255 Sq. Ft. 01j83 50 Sq. Ft. 01j84 50 Sq. Ft. 01.j109 25 Sq. Ft. o1 j258 75 Sq. Ft. 0448 50 Sq. Ft. 01j46 50 Sq. Ft. -9899 PARCEL NUMBER SIDEWALK - REMOVE AND REPLACE 01m23125 Sq. Ft. 01m221 25 Sq. Ft. 01m218 50 Sq. Ft. 19n1+11 70 Sq. Ft. 19n1+12 60 Sq. Ft. 08j105 100 Sq. Ft. 31+p2069 330 Sq. Ft. 25b387 200 Sq. Ft. 25b386 150 Sq. Ft. 25b385 150 Sq. Ft. PARCEL NUMBER CONSTRUCT DRIVE APPROACH 36d73,72,71 203 Sq. Ft. 12b238 168 Sq. Ft. 08G1 2650 Sq. Ft. 0636a1b1a 210 Sq. Ft. 0636f2a 210 Sq. Ft. 06J37a1 1+20 Sq. Ft. 05C la,Clb2b2bal 630 Sq. Ft. 05Clb2bal 630 Sq. Ft. 05C1b2b2b2d1 711+ Sq. Ft. 06j1+3bla 585 Sq. Ft. 06j1+3a1 1+50 Sq. Ft. 06j42a1,1+1a1 540 Sq. Ft. 06j45b,46b 570 Sq. Ft. 19900 PARCEL NUMBER CONSTRUCT DRIVE APPROACH 29b27 450 Sq. Ft. 30b504a 510 Sq. Ft. 30b507a 450 Sq. Ft. 29b30a 525 Sq. Ft. 30c2 570 Sq. Ft. 29b25 480 Sq. Ft. 29b26 390 Sq. Ft. 31RR1a1 525 Sq. Ft. 24b67,68 156.75 Sq. Ft. 24b77,78 315.88 Sq. Ft. 24b70 106.88 Sq. Ft. Lir 24b88,89a 116.38 Sq. Ft. (Remove and Replace 50 Sq. Ft.-6" Walk) 24b160 118.75 Sq. Ft. (Remove and Replace 52.5 Sq. Ft.-6" Walk) 24b182 214.2 Sq. Ft. 24b71,72 130.63 Sq. Ft. (Remove and Replace 57.5 Sq. Ft.-6" Walk) 24b110 167.88 Sq. Ft. 31PP1 246.5 Sq. Ft. 31QQ1 595 Sq. Ft. 24b170b-171-172a 133.38 Sq. Ft. 24b297,298 126.58 Sq. Ft. 24b303,304 300 Sq. Ft. 24b286,287 219.3 Sq. Ft. 24b276,277 118.25 Sq. Ft. 24b299,3ooa 98 Sq. Ft. 24b231,232,233 206.55 Sq. Ft. 19901 PARCEL NUMBER CONSTRUCT DRIVE APPROACH 24b234,235a 262.5 Sq. Ft. 24b229,230 99.03 Sq. Ft. 24b222 189.03 Sq. Ft. 24b219-220 195.75 Sq. Ft. 24b252 116.38 Sq. Ft. 24b259,260 178 Sq. Ft. 24b261 144 Sq. Ft. 24b237b,238,239 124 Sq. Ft. 24b262 114.25 Sq. Ft. 24b164 153.45 Sq. Ft. 24b159b,160a 90.3 Sq. Ft. 24b160b,161,162a 176.1 Sq. Ft. (325 Sq. Ft. Sidewalk) 24b157b,158,159a 123.5 Sq. Ft. 24b156,157a 106.88 Sq. Ft. 24b235,236,237a 133 Sq. Ft. 24b168b,169,170a 112.7 Sq. Ft. 24b152,153 120.05 Sq. Ft. 24b162b,163a 99.75 Sq. Ft. 12b17 518 Sq. Ft. 12a3a3b1 170 Sq. Ft. 12a5b 166.75 Sq. Ft. 12a7b3,8a3b 140 Sq. Ft. 12a8a2 129 Sq. Ft. 12a8a1 246.5 Sq. Ft. 12a9a 166.75 Sq. Ft. 12a16a 280 Sq. Ft. 12a14a 210 Sq. Ft. 19902 PARCEL NUMBER CONSTRUCT DRIVE APPROACH lir 12a16b 196 Sq. Ft. 12b217 86.25 Sq. Ft. 12b219,220a 159.6 Sq. Ft. 12b221+ 158.63 Sq. Ft. 12b229 97.75 Sq. Ft. 12b230 168 Sq. Ft. 12b231+ 238 Sq. Ft. 12b241,21+2a 171.5 Sq. Ft. 12b214.5 322 Sq. Ft. 12b21+6 168 Sq. Ft. 12b242b,21+3 266 Sq. Ft. 12b252a 75 Sq. Ft. 12b260 76.88 Sq. Ft. 12b220b,221 165.38 Sq. Ft. 36d71b,72b,73b 188.5 Sq. Ft. 361182,183a 301+.5 Sq. Ft. 35a139 102 Sq. Ft. 02c1+93a2 108 Sq. Ft. 11a30 1+56.63 Sq. Ft. 11a211. 275.5 Sq. Ft. 11a38 238 Sq. Ft. llal+l 217.5 Sq. Ft. 01e355b3,c1 108 Sq. Ft. 33b25b 261 Sq. Ft. 33d13,11+a 275.5 Sq. Ft. O1e373a1 272 Sq. Ft. 19903 and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to above to const:-pct n, install sidewalks/drive approaches at such premises, and the City Cler, is hereby requested to do all things necessary to carry out the provi- sions of this resolution which is made pursuant to Section 5-134 of Title 5, Chapter 1 of the Livonia Code of Ordinances, as amended; FURTJER, said notice shall set forth that the respective owners of lots and promises herein referred to shall complete said sidewalks/driveway approac. es on cr before August 1, 1982 after which date the Engineering Division sr.all arrange for the construction of the said sidewalks/driveway approe.ohes. A roll call vote was taken on the foregoing resolution with the following result; AYES: Feenstra, Gundersen, Bishop, Bennett, Ventura, Taylor and McCaL- . NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #1+36-82 RESOLVED, that having considered a communication from the Department of Law, dated May 17, 1982, transmitting for Council acccpur ._ e a Warranty Deed dated May 11+, 1982, executed by Harold L. Thomas and Jean F. Thomas, his wife, conveying to the City certain property described follows: East 60 feet of South 5 acres of East 1/1+ of the Northeast 1/4 of the Northeast 1/1+ of Section 23, Town 1 South, Range 9 East, City of Livonia, except the North 12 feet thereof, al. the North 70 feet of the East 60 feet. (Middlebelt Road right-of-way) the Council does hereby determine for and on behalf of the City of Livonia, to accept the aforesaid Warranty Deed and the City Clerk is hereby requested to have the same recorded with the Wayne Counly Regis o2 of Deeds and to do all other things necessary or incidental to t_,e f' Li performance of this resolution; further, the City Assessor is hereby requested to have this property removed from the tax rolls and to r__ o r the same as City-owned and tax-exempt. A roll call vote was taken on the foregoing resolution with the following reault AYES: Gundersen, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: Feenstra. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilwoman Gundersen, and unanimously adopted, it was #1+37-82 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. 19904 *Councilman Feenstra was excused at 8:55 P. M. By Councilman Ventura, seconded by Councilman Bishop, it was #438-82 RESOLVED, that having considered a communication from the City Planning Commission, dated May 27, 1982, which transmits its resolution 5-95-82 adopted on May 25, 1982 with regard to Petition 82-5-2-11, submitted by GSL, Inc., requesting waiver use approval to locate mechanical amusement devices and kiddie rides within the Food Center located in the Wonderland Shopping Center on the south side of Plymouth Road, wes� of Middlebelt Road in the Northeast 1/4+ of Section 35, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 82-5-2-11 is hereby approved and ,;ratitcI, such approval to be based upon the same conditions as those set for+r it the afozesaid recomm,:nda,cion of the Planning Commission, as well as ti,e additional condition that the viewing room indicated on the Slte PlLn shall not constitute a theater and that no admission or other chaig shall be made in connection with the use of same, and that only regula, ly shown television shows and/or PG and G rated movies (v, a Betama :) s%ia u be shown therein. A -oil call vote was taken on the foregoing resolution with the following result AYES: Gundersen, Bishop, Bennett, Ventura, Taylor and McCann. NAYS: None. *Councilman Feenstra returned at 8.56 P. M. By Councilman Ventura, seconded by Councilman Bishop, it was #439-82 RESOLVED, that having considered a communication from the Dep,7-.-- ment of Law, dated June 1, 1982, approved by the Chief Building Inspector, the City Planner, and approved for submission by the Mayor, with regard to a proposed settlement in the matter of Binkley, et al v City of Livoni- , Wayne County Circuit Court Civil Action #77 730835 CZ, the Council dons hereby authorize the Department of Law to enter into a stipulation for consent judgment in the manner and form attached hereto, as well as to do all other things necessary or incidental to the full performance of this resolution. A _oil c.:.11 vote was taken on the foregoing resolution with the following resun AYES: Feenstra, Gundersen, Bishop, Bennett, Ventura., Taylor and Mck;anr . NAYS: None. By Councilman Feenstra, seconded by Councilman Taylor, and unanimously adojtc,d., this 983rd Regular Meeting of the Council of the City of Livonia was duly ad.o.ir;ied at 9:01 P. M., June 2, 1982. 241146 ROBERT F. NASH, CITY CLERK