HomeMy WebLinkAboutCOUNCIL MINUTES 1983-09-28 20531
MINUTES OF THE ONE THOUSAND AND FIFTEENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 28, 1983, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of
the Council at approximately 8:05 p.m. Councilman Ventura delivered the invocation.
Roll was called with the following result: Present: Robert E. McCann, Peter A.
Ventura, Gerald Taylor, Fernon P. Feenstra, Robert R. Bishop, and Robert D. Bennett.
Absent: Alice Gundersen.*
*Councilwoman Gundersen was representing the City at the Michigan Municipal League
Annual Meeting in Grand Rapids.
Elected and appointed officials present: Robert F. Nash, City Clerk;
Harry C. Tatigian, City Attorney; John J. Nagy, Planning Director; Daniel J. Gil-
martin, Industrial Coordinator; Robert Osborn, Director of Public Works; Sue Wisler,
Program Supervisor; Russ Gronevelt, Supt. of Public Service; G. E. Siemert, Chief
Engineer; and William LaPine, Zoning Board of Appeals.
By Councilman Ventura, seconded by Councilman Bennett, and unanimously
adopted, it was
#730-83 RESOLVED, that the minutes of the 1,014th Regular Meeting
of the Council of the City of Livonia, held September 19, 1983, are
hereby approved.
The following resolutions were offered by Councilman Feenstra and seconded
by Councilman Taylor:
#731-83 RESOLVED, that having considered a communication from the Acting
Chief of Police, dated September 14, 1983 which is approved for submission
by the Finance Director and the Mayor, wherein certain recommendations are
submitted with respect to the disposition of vehicles which were seized in
drug related cases pursuant to 1982 PA 251, the Council does hereby deter-
mine as follows:
(1) That a 1979 Cadillac Sedan de Ville with de Elegance Interior,
VIN 6069599227 be sold to Mr. Richard V. O'Meara, 35765 Vargo,
Livonia, Michigan 48152, for the sum of $7,025, and that the
receipt therefrom be placed in Account #702-000-285-200-000,
inasmuch as the bid of Mr. O'Meara was the highest bid received
with respect to this item; and
20532
imo (2) That a 1971 Buick Electra Limited, 1+-dr., VIN 1481+301
H06721 be signed over to the Livonia Auto Pound, 12955
Levan, Livonia, Michigan, in return for the waiver of a
$760 impoundment bill.
#732-83 RESOLVED, that having considered a communication from the Livonia
Historical Commission, dated August 22, 1983, approved for submission by
the Mayor and Finance Director, with regard to the renewal of the contract
between the City of Livonia and Suzanne Daniel, a member of the Livonia
Historical Commission, as designated by the Commission, authorizing the
purchase by this member of artifacts and furnishings, the Council does
hereby authorize the said extension in the manner and form herein recom-
mended for a one year period, the said one year extension to be based upon
the same terms and conditions as those which are set forth in a contract
dated November 2, 1981, which contract was previously authorized in
Council Resolution 661-81 adopted on July 22, 1981; and the Mayor and City
Clerk are hereby authorized for and on behalf of the City of Livonia to
affix their signatures to the said Contract Extension, which Contract shall
be prepared by the Department of Law in accordance with the action taken
herein.
#733-83 RESOLVED, that having considered a communication from the Director
of Finance dated August 29, 1983, approved for submission by the Mayor,
to which is attached a billing from the law firm of Kitch, Suhrheinrich,
Smith, Saurbier Drutchas, P.C., in the amount of $3,817.37 for services
rendered and out of pocket expenses incurred in the case of Anspach vs
McCann, et al., the Council does hereby authorize the payment of same ani
for this purpose appropriates and authorizes the expenditure of the sum
of $3,817.37 from Account #101-925-918.
#734-83 RESOLVED, that having considered a communication from the
Department of Law, dated September 7, 1983, transmitting for Council
acceptance a warranty deed dated September 3, 1983, executed by Rouie L.
Vincent, conveying to the City certain property described as follows:
The East 30 feet of the South 80 feet of the North 120.0 feet
of the South 1,282.0 feet of the West 220.0 feet of the East 1/2
of the Southwest 1/1+ of Section 25, City of Livonia, Wayne County,
Michigan. (Camden Avenue right-of-way - Part of Bureau of Taxation
Parcel 2507,48)
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 County Register of Deeds
and to do all other things necessary or incidental to the full performance
of this resolution; further, the City Assessor is hereby requested to have
this property removed from the tax rolls and to show the same as City-
owned and tax exempt.
#735-83 RESOLVED, that having considered a communication from Dale and
Colleen Read, dated September 1, 1983, and a communication from the De-
partment of Law, dated September 2, 1983, approved by the City Engineer
and the Director of Finance and approved for submission by the Mayor, the
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Council does hereby authorize the appropriation of an additional sum of
L $75 from Community Development Block Grant Program Funds for the acquisi-
tion of the Cnraden Avenue right-of-way owned by Dale L. Read Jr. and
Colleen M. Read, his wife, as described in Council Resolution 044-83,
for the reasons set forth in the above referenced communications, and
further, that this additional $75 be added to the purchase price, resulting
in a total purchase price of $775 for said right-of-way land; and the
Department of Law and the City Clerk are hereby requested to do all things
necessary or incidental to the full performance of this resolution.
#736-83 RESOLVED, that having considered a communication from the Finance
Director dated September 1, 1983, approved for submission by the Mayor, to
which are attached proposed agreements for the 12 month extension ending
June 30, 1984 of the subsidized transportation program for the handicapped
and senior citizens, which agreements are as follows:
Agreement between the City of Livonia and Northwest Transport Co. ; and
Agreement between the City of Livonia and Southeastern Michigan
Transportation Authority;
the Council does hereby authorize the Mayor and City Clerk for and on
behalf of the City of Livonia to affix their signatures to the aforesaid
agreements, in the manner and form herein submitted, subject to approval
as to form by the Law Department, and to do all other things necessary or
incidental to the full performance of this resolution.
The Communication from the Planning Director, dated September 6, 1983, re:
Community Development Block Grant (C.D.B.G.) 1983-84 Supplemental Job's Bill Grant
1983-84 - reprogramming of funds, was received and filed for the information of the
Council.
#737-83 RESOLVED, that having considered a communication from Florence D.
Liddle, 12000 Haller Avenue, Livonia, Michigan, dated September 8, 1983,
wherein she has questioned the imposition of a special assessment on her
property and requested a re-assessment which would deduct the sum of
$275.80, the Council does hereby refer this item, together with a similar
parcel (situated across the street) to the Engineering Division for its
report and recommendation.
#738-83 RESOLVED, that having considered a communication from the City
Attorney dated September 1, 1983, approved for submission by the Mayor,
with regard to the filing of an amicus brief in the case of All American
Cab Co. v The Metropolitan Knoxville Airport Authority, which case is
presently pending on appeal before the Sixth Circuit Court of Appeals, the
Council does hereby authorize the Department of Law to expend $100 from its
litigation account as the City's contribution in participating as an amicus
party in the aforesaid litigation.
20531+
#739-83 RESOLVED, that in accordance •-ith 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 5.2931+; MCLA 125.581+), as well as Article XXIII
of Ordinance No. 51+3, 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,
October 31, 1983 at 8:00 p.m. at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items:
(1) Petition 83-7-1-16, submitted by the City Planning Commission
for a change of zoning of property located on the southeast
corner of Seven Mile and Haggerty Roads in the Northwest 1/1E
of Section 7, from C-2 to POII, the City Planning Commission
in its resolution 8-167-83 having recommended to the City
Council that Petition 83-7-1-16 be approved;
(2) Petition 83-8-6-1E, submitted by the City Planning Commission on
its own motion to amend Section 18.1+2 of Zoning Ordinance #5143,
relating to the location and height of radio towers and
antennas, the City Planning Commission in its resolution 8-172-83
having recommended to the City Council that Petition 83-8.6-1+
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 amendment to the Zoning Ordinance, and
(b) location of the proposed change of zoning as set forth above,
first to be published in the official newspaper of the City or a newspaper
of general circulation in the City of Livonia as well as to, not less than
fifteen (15) days prior to said public hearing, cause to have notice to be
given by registered mail to each public utility company and to each rail-
road company owning or operating any public utility or railroad within the
districts or zones affected; and further, the City Clerk is requested to
do all other things necessary or incidental to the full performance of
this resolution.
#71+0-83 RESOLVED, that having considered a communication dated September
21, 1983 from William L. Roskelly, President, Basney & Smith, Inc. which
in accordance with the provisions of Section 19.08 of Ordinance No. 51+3,
as amended, the Zoning Ordinance, takes an appeal from a determination
made on September 20, 1983 by the City Planning Commission in its resolu-
tion 9-185-83 with regard to Petition 83-8-2-33 submitted by Basney &
Smith Inc. requesting waiver use approval to construct and operate a
Burger King Restaurant on the south side of Plymouth Road, east of Wayne
Road in the Northwest 114 of Section 33, the Council does hereby designate
20535
Monday, October 31, 1983 at 8:00 p.m. as the date and time for conducting
a public hearing with regard to this matter, such hearing to be held at
the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City
Clerk is hereby requested to do all things necessary in order to give
proper notice in writing, as well as by the publication of a notice in
the City's official newspaper of such hearing and the date and place
thereof, in compliance with the requirements set forth in Ordinance No.
543, as amended, the Zoning Ordinance of Ithe City of Livonia.
A roll call vote was taken on the foregoing resolutions with the following result
AYES: Ventura, Taylor, Feenstra, Bishop, Bennett, McCann
NAYS: None
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALTRI
AND PUBLIC GROUND. (Re: Petition 83-6-3-3)
A roll call vote was taken on the foregoing Ordinance with the following result
AYES. Ventura, Taylor, Feenstra, Bishop, Bennett, McCann
NAYS• None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO. 51.3, AS AMENDED, KNOWN AND CITED AS
THE "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. THERETO. (Re: Petition 83-4-1-11,
rezoning from RUF to P.S.)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES: Ventura, Taylor, Feenstra, Bishop, Bennett, McCann
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
On a motion by Councilman Feenstra, seconded by Councilman Bishop, it vas
20536
#741-83 RESOLVED, that having considered a report and recommendation
from the Livonia Historical Commission dated September 3, 1983, which
bears the signatures of the Mayor, Finance Director and Director of
Community Resources, the Council does hereby accept the bid of Gibbons
Mechanical Contracting, 18435 James Couzens, Detroit, MI 48235, for
replacing the Hill House steam boiler and hot water heater for the price
of $6,125, the same having been in fact the lowest and only bid received;
and the Council does hereby appropriate and authorize the expenditure of
the sum of $6,125 from Community Development Block Grant funds in Account
#223-857-987-081-000 for this purpose.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Ventura, Taylor, Feenstra, Bishop, Bennett, McCann
NAYS: None
On a motion by Councilman Bennett, seconded by Councilman Ventura, it was
#742-83 RESOLVED, that having considered the report and recommendation
of the Director of Public Works dated September 1, 1983, approved by the
Director of Finance, and approved for submission by the Mayor, the
Council does hereby accept the bid of Robert E. Green Building Co.,
14920 Middlebelt Road, Livonia, Michigan 48154, for constructing a garage
at Bicentennial Park for a total price of $3,795, the same having been
in fact the lowest bid received and meets specifications; further, the
Council does hereby authorize the transfer of the sum of $3,795 from the
Park Maintenance supplies account #101-704-776.000.000 to the Parks
Capital Outlay Account #1101-704-974.000.000 for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Ventura, Taylor, Feenstra, Bishop, Bennett, McCann
NAYS: None
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#743-83 RESOLVED, that having considered a communication from the Chief
Probation Officer of the 16th District Court, dated September 7, 1983,
which bears the signatures of the Judges of the 16th District Court, the
Council does hereby authorize and grant permission to the probation de-
partment to renovate the violations department of the court for the
installation of computer and power outlet boxes in the ceiling and 24
surface floor monuments in the manner described in the aforesaid communi-
cation, with attachments.
20537
On a motion by Councilman Bishop, seconded by Councilman Taylor, it was
#74+-83 RESOLVED, that having considered a communication from the
Director of Community Resources dated September 13, 1983, approved by
the Director of Finance and approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept the follow-
ing grants awarded to the City of Livonia, Department of Community Resour-
ces, in the following service categories, amounts and funding sources:
Senior Center Staffing $ 5,000 (State)
Minor Home Repair 5+,000 (Title III-Fed.)
Chore 10,762 (Title III-Fed.)
Personal Care/Homemaker 1,370 (Title III-Fed.)
27,410 (State)
$98,5+2
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Taylor, Feenstra, Bishop, Bennett, McCann
NAYS: None
On a motion by Councilman Bishop, seconded by Councilman Taylor, it was
#745-83 RESOLVED, that having considered a communication from the
Personnel Director dated September 9, 1983, which bears the signature of
the Finance Director and is approved by the Mayor, and which transmits a
resolution adopted on September 8, 1983, wherein it is recommended that
the following grant classifications and pay rates be established for the
Community Resources Department:
Position Hourly Rate of Pay
Step 1* Step II**
Grant Manager $7.50 $7.75
Assistant Grant Manager 6.50 6.75
Project Supervisor 6.00 6.25
Home Service Worker 5.55 5.80
Project Leader 5.05 5.30
Bus Driver 4.50 4.75
Worker II 4.15 4.1+0
Worker I 3.50 3.75
* Step I Entry level into that grant classification.
** Step II One or more years of experience in a grant
classification at the same rate of pay for
2,080 hours or equivalent experience.
and that the rate for bus driver commences on and after December 1, 1983,
the Council does hereby concur in and approve of the aforesaid action,
including the job descriptions as set forth in the aforesaid communication.
20538
A roll call vote was taken on the foregoing resolution with the following result:
AYES. Veuiura, Taylor, Feenstra, Bishop, Bennett, McCann
NAYS: None
On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was
/716-83 RESOLVED, that having considered a communication from the Plan-
ning Director, Director of Public Works and the Finance Director dated
August 29, 1983, approved for submission by the Mayor, the Council does
hereby authorize the transfer of the sum of *500 from the Sanitation
Postage Account /1205-525-730.000.000 to the Capital Outlay Account 1/205-
525-987.000.000 for the purpose of purchasing the following equipment
required in the operation of the sanitation/ordinance enforcement
division:
(2) Polaroid cameras, Model 660 with film packs $200
(1) Nikon Al (f2.8, 28mm) Lens for use with
existing 35mm Nikon Camera 180
(1) Refrigerator, 1.5 to 3.0 cu. ft. 120
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Taylor, Feenstra, Bishop, Bennett, McCann
NAYS: None
On a motion by Councilman Ventura, seconded by Councilman Bennett, and
unanimously adopted, it was
171f7-83 RESOLVED, that having considered a communication from Mr. Hugh
Leavell, 32625 Seven Mile, Livonia, Michigan, dated August 31, 1983,
requesting relief from the additional condition of approval set forth in
Council Resolution 611-81, adopted on July 8, 1981, wherein the Council
required that the south driveway of the south parking lot be closed and
landscaped and that the earth berm be extended to include this area in
connection with the revised site plan submitted with Petition 80-1-2-1,
the Council does hereby request that the Engineering/Building Inspection
Division, the Planning Department, the Fire Marshall and the Zoning Board
of Appeals submit their respective reports and recommendations.
On a motion by Councilman Taylor, seconded by Councilman Bennett, it was
#748-83 RESOLVED, that having considered a communication from the City
Planning Commission dated July 26, 1983, which transmits its resolution
7-139-83 adopted on July 19, 1983, with regard to Petition 83-6-2-26
submitted by William P. Lindhout Associates requesting waiver use approval
20539
to construct a one-story veterinary clinic on the south side of Five Mile
Road between Bainbridge and Merriman Road in the Northwest 1/4+ of Section
23, which property is zoned C-2, the Council does hereby concur in the
recommendation made by the Planning Commission and Petition 83-6-2-26 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, Bishop, Bennett, McCann
NAYS: Feenstra
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman Bennett, it was
#749-83 RESOLVED, that having considered a letter from the Michigan
Liquor Control Commission dated June 15, 1983, and the report and recom-
mendation of the Chief of Police dated September 20, 1983 in connection
therewith, the Council does hereby approve the request from Sorisho Pizza,
Inc. for transfer of ownership of 1983-84 SDD-SDM licensed business from
Jacob J. Velfling located at 19191 Merriman Road, Livonia, Michigan; 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: Ventura, Taylor, Feenstra, Bishop, Bennett, McCann
NAYS* None
On a motion by Councilman Bishop, seconded by Councilman Ventura, and
unanimously adopted, it was
#750-83 RESOLVED, that having considered a communication from the City
Engineer, dated September 21, 1983, which is approved by the City Attorney
and the Director of Public Works and is approved for submission by the
Mayor, submitted pursuant to Council Resolution No. 642-83, adopted on
August 22, 1983, to which is attached an agreement between the City of
Livonia and Orchard, Hiltz & McCliment, Inc., 3+935 Schoolcraft, Livonia,
Michigan 48150, consulting engineers, to provide professional engineering
services relative to the Seven Mile Road Sanitary Sewer Extension Project,
the Council does hereby approve and authorize the Mayor and City Clerk to
execute said agreement on behalf of the City.
20540
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#751-83 RESOLVED, that having considered a communication from the City
Engineer, dated September 21, 1983, which bears the signature of the City
Attorney, is approved by the Director of Public Works, and is approved for
submission by the Mayor, submitted pursuant to Council Resolution No.
651-83, adopted on August 22, 1983, to which is attached an agreement
between the City of Livonia and Orchard, Hiltz & McCliment, Inc., 34935
Schoolcraft, Livonia, Michigan 48150, consulting engineers, to provide
professional engineering services relative to constructing storm sewers
in the east one-half of Section 31 of the City so as to eliminate storm
drainage problems that presently exist in the northerly portion of the
Golden Ridge Subdivision, the Council does hereby approve and authorize
the Mayor and City Clerk to execute said agreement on behalf of the City.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was
#752-83 RESOLVED, that having considered the report and recommendation of
the City Engineer dated SLptember 21, 1983 which bears the signature of
the Finance Director, is approved by the Planning Director and the Director
of Public Works and is approved for submission by the Mayor, the Council
does hereby accept the unit price bid of Mattioli Cement Co., 6179 McGuire,
Fenton, MI 48430 for construction of sidewalks on Camden Road and Haller
and Hartel Avenues (Target Area No. 3), for the estimated total cost of
$43,48o based upon the Engineering Division's estimate of units involved,
and subject to a final payment based upon the actual units completed in
accordance with the unit prices accepted herein, said estimated costs and
unit prices having been in fact the lowest bid received for this item;
further, the Council does hereby appropriate and authorize the expenditure
of a sum not to exceed $43,480 from funds provided in the "Federal Jobs
Bill" Grant for this purpose; and the Director of Public Works is hereby
authorized to approve minor adjustments in the work as required; and the
Mayor and City Clerk are hereby authorized to execute a contract for and
on behalf of the City of Livonia with the aforesaid bidder and to do all
other things necessary or incidental to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Ventura, Taylor, Feenstra, Bishop, Bennett, McCann
NAYS: None
On a motion by Councilman Ventura, seconded by Councilman Bishop, and
unanimously adopted, it was
4753-83 RESOLVED, that the Council does hereby suspend their rules for
procedure as outlined in Council Resolution 4574-82 so as to permit
consideration of several items that do not appear on the agenda.
20541
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#754-83 RESOLVED, that having considered a communication from the
Michigan Liquor Control Commission dated September 22, 1983, with regard
to a request from Omira Party Stores, Inc. to transfer ownership of
1983-84 SDM licensed business from Michigan Dino's Pizza, Inc. and trans-
fer location from 33603-33607 Seven Mile Road, Livonia, Michigan to 36393
Plymouth Road, Livonia, Michigan, Wayne County, the Council does hereby
recommend to the Michigan Liquor Control Commission that this request be
denied inasmuch as the same would not be in compliance with the Livonia
Zoning Ordinance 543, as amended; and the City Clerk is hereby requested
to forward a certified copy of this resolution to the Michigan Liquor
Control Commission.
By Councilman Ventura, seconded by Councilman Taylor, and unanimously
adopted, this 1015th Regular Meeting of the Council of the City of Livonia was duly
adjourned at 8:25 p.m. , September 28, 1983.
RO ERT F. NASH, +CITY CLERK