HomeMy WebLinkAboutCOUNCIL MINUTES 1983-09-19 20521
MINUTES OF THE ONE THOUSAND AND FOURTEENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 19, 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 8:00 p.m. Councilman Bennett delivered the invocation.
Roll was called with the following result: Present: Robert E. McCann, Robert D.
Bennett, Peter A. Ventura, Gerald Taylor, Fernon P. Feenstra, Alice Gundersen, and
Robert R. Bishop. Absent: None.
Elected and appointed officials present: Patricia Miencier, Deputy City
Clerk; Harry C. Tatigian, City Attorney; G. E. Siemert, Chief Engineer; and John J.
Nagy, Planning Director.
By Councilman Feenstra, seconded by Councilman Bennett, and unanimously
adopted, it was
#704.83 RESOLVED, that the minutes of the 1013th Regular Meeting of
the Council of the City of Livonia, held August 31, 1983, are hereby
approved.
The Financial Statements for the month ending July 31, 1983, submitted by
the Finance Director, were received and filed for the information of the Council.
On a motion by Councilman Bishop, seconded by Councilman Feenstra, and
unanimously adopted, it was
ih05-83 RESOLVED, that having considered the communication from the City
Planning Director dated September 7, 1983, which transmits the Capital
Improvement Program - 198+-1989, the Council does hereby refer this item
to the Capital Improvement Committee for its report and recommendation.
The following resolutions were offered by Councilman Taylor and seconded
by Councilman Feenstra:
#706-83 RESOLVED, that having considered the report and recommendation of
the Director of Public Works dated August 10, 1983, approved by the Director
of Finance and approved for submission by the Mayor, the Council does hereby
accept the bid of Morton Salt Division, 110 North Wacker Drive, Chicago,
Illinois 60606, for supplying the Public Service Division (Road Maintenance
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Imo Section) with rock salt at the unit price of $15.03 per ton for the period
September 1, 1983 through September 1, 1984, the same having been in fact
the lowest bid received and meets specifications; further, in the event the
aforesaid low bidder is unable to furnish the material, Council does hereby
accept the second low bid, which also meets specifications, of Domtar
Industries, Inc., 4825 N. Scott Street, Schiller Park, Illinois 60176, as
an alternate to supply the Public Service Division (Road Maintenance
Section) with rock salt at the unit price of $16.03 per ton for the period
September 1, 1983 through September 1, 1984.
#707-83 RESOLVED, that having considered a letter from the Craft Show
Chairman of the St. Collette Church, 17600 Newburgh, Livonia, Michigan
1+8152, received by the Office of the City Clerk on August 25, 1983 wherein
a request is submitted for the waiver of license fees for craft and hobby
dealers in connection with the Fifth Annual Arts and Craft Show to be
conducted at St. Collette's Parish on Saturday, October 15, 1983, the
Council does hereby concur in and approve of the requested action; and the
City Clerk is hereby requested to do all things necessary or incidental to
the full performance of this resolution.
#708-83 RESOLVED, that having considered a letter from St. Mary's Antio-
chian Orthodox Church, 18100 Merriman, Livonia, Michigan 11.8152, dated
August 29, 1983, wherein a request is submitted to erect 3' x 3' signs for
the purpose of publicizing the church "Fun Fair" to be conducted on
Imo September 23 - 25, 1983 at the following locations in the public right-of-
way:
(1) Northwest corner of Five Mile and Middlebelt.
(2) Southwest corner of Five Mile and Farmington.
(3) Northeast corner of Seven Mile and Farmington.
(4) Northeast corner of Seven Mile and Merriman.
The Council does hereby approve and grant the permission herein requested,
subject to the removal of the aforesaid signs no later than September 27,
1983.
#709-83 RESOLVED, that having considered the report and recommendation of
the Fire Chief dated August 18,1983, which bears the signature of the
Finance Director and is approved for submission by the Mayor, the Council
does hereby authorize the repair of a high pressure air compressor by
Ingersoll-Rand Air Compressors, P. 0. Box 209, Southfield, Michigan 48037
for the sum of S2,O3O.95, the same to be expended from Fire Department
Budget Account #f101-338-778.000.000 (Equipment Maintenance), the same
having been in fact the lowest bid received; further, the Council does
hereby authorize the said item as an emergency authorization by the Mayor
for the reasons indicated in the aforesaid communication, and such action.
is taken in accordance with the provisions as set forth in Section 3.01+.140
D, 1 of the Livonia Code of Ordinances, as amended.
#710-83 RESOLVED, that having considered a communication from the Director
of Community Resources dated August 23, 1983, approved by the Finance
Director and approved for submission by the Mayor, the Council does hereby
accept a cash donation of $50 from the Optimist Club of Livonia for the
Youth Assistance Program and the Youth Assistance Account #223-160-689.001.
000 is hereby increased by a like amount of $50.
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#711-83 RESOLVED, that having considered a communication from the Director
of Community Resources dated August 22, 1983, approved by the Finance
Director and which bears the signature of the Mayor, the Council does
hereby accept the donation for the Senior Citizens' chore program of two
Snapper Commercial Lawnmowers which have an estimated total value of
$859.90.
#712-83 RESOLVED, that having considered a communication from the Director
of Finance dated August 23, 1983, approved for submission by the Mayor, to
which is attached a letter from Charles N. Youngblood, Wayne County Drain
Commissioner dated August 17, 1983, which details credits to be applied
toward the City of Livonia 198+ drain installments as follows:
Credits
Drain Applied
Livonia #1 $ 35,000.00
Livonia #1 Extensions & Branches 32,500.00
Livonia #2 70,000.00
Livonia #2 Branches 28,250.00
Livonia #11 39,652.20
Livonia #11 Extensions 40,000.00
Livonia #12 14,823.90
Livonia #13 14,368.73
lig Livonia #16
40,000.00
Livonia #16 Extensions & Branches 25,000.00
Livonia #17 33,872.x+8
Livonia #19 74,038.06
Livonia #19 Extensions 10,000.00
Livonia #22 35,000.00
Livonia #22 Branches 6,028.75
Livonia #22 Extensions & Branches 28,250.00
Livonia #26 55,831.50
Livonia #27 & Branches 41,821.00
Livonia #38 90,938.00
Blue Drain Extension & Branches 81,453.47
Farmington Road Storm Relief 100,000.00
Total $896,828.09
the Council does hereby concur in and approve of the aforesaid action.
The communication from Mayor McNamara, dated August 25, 1983, re:
Neighborhood Watch Signs, was received and filed for the information of the Council.
#713-83 RESOLVED, that having considered a communication from the Mayor,
dated August 26, 1983, submitted pursuant to Section 2.48.020 of the
Livonia Code of Ordinances, as amended, with regard to the appointment of
Mr. William Wiley, 18799 Yorkshire, Livonia, Michigan 11.8152, as a member of
the Local Officers Compensation Commission for a term which shall expire
on April 2, 1985, the Council does hereby determine to confirm the appoint-
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Imp ment of Mr. Wiley, and it is hereby further provided that he shall take
the oath of office as prescribed by Chapter X, Section 3 of the City
Charter.
##714-83 RESOLVED, that having considered a communication from the Mayor,
dated August 26, 1983, submitted pursuant to Section 2.48.020 of the
Livonia Code of Ordinances, as amended, with regard to the appointment of
Mr. Robert Lambert, 11241 Karen, Livonia, Michigan 48150, as a member of
the Local Officers Compensation Commission for a term which shall expire
on April 2, 1988, the Council does hereby determine to confirm the appoint-
ment of Mr. Lambert; and it is hereby further provided that he shall take
the oath of office as prescribed by Chapter X, Section 3 of the City
Charter.
0715-83 RESOLVED, that having considered a communication from the
Director of Finance dated August 24, 1983, approved for submission by the
Mayor and to which is attached a revised membership agreement between the
City of Livonia and the Michigan Municipal League wherein the City becomes
a member of the Michigan Municipal Unemployment Compensation Group Account
the Council does hereby approve the said revised agreement and does
further authorize the Mayor and City Clerk to execute the same for and on
behalf of the City of Livonia.
0716-83 RESOLVED, that having considered a communication dated August 26,
1983, from the Department of Law transmitting for Council acceptance three
grants of easement more particularly described as:
1. Grant of Easement, dated March 4, 1983, executed by James Baggot, a
single man for:
The east 7 feet of the following described parcel:
Lot 43 of Thomas F. O'Connor's i4iddlebelt Subdivision,
a part of the N.W. 1/4 of Section 12, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan as recorded in
Liber 68, Page 96 of Wayne County Records.
2. Grant of Easement, dated February 28, 1983, executed by Murray K.
Chalmers and Deborah Diane Chalmers, his wife, for:
The South 12 feet of the West 12 feet of the East 219 feet of
the following described property:
The South 1/2 of the South 1/2 of the S.W. 1/4 of the N.E.
1/4 of the S.E. 1/4 of the N.W. 1/4 of Section 12, T. 1 S.,
R. 9 E., City of Livonia, Wayne County, Michigan except the
E. 30.0 feet thereof. (Bureau of Taxation Parcel 12C16a).
3. Grant of Easement, dated December 6, 1982, executed by Walter
Efimetz and Gloria Efimetz, his wife, for:
The East 12 feet of Lot 24 of Thomas F. O'Connor's
Middlebelt Subdivision, T. 1 S., R. 9 E., City of
Livonia, Wayne County, Michigan.
20525
IODthe Council does hereby for and in behalf of the City of Livonia accept
the aforesaid Grants of Easements, and the City Clerk is hereby requested
to have the same recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the purpose of this
resolution.
#717-83 RESOLVED, that having considered a letter from Livonia Restaur-
ants, Inc. (by George V. Cartsos), dated August 12, 1983, wherein a
request is submitted for certain amendments and revisions in the current
lease agreement between the City of Livonia and Livonia Restaurants, Inc.,
with respect to the Idyl Wyld Club House, the Council does hereby request
a report and recommendation from the property manager on the status of the
aforesaid agreement with respect to rental payments, ownership and such
other pertinent information as may be available.
#718-83 RESOLVED, that having considered a communication from the
Director of Finance, dated August 24, 1983, approved for submission by the
Mayor, with regard to an escrow agreement previously authorized between
the City, MetroVision and Manufacturers Bank of Livonia, the Council does
hereby rescind and repeal Council Resolution #527-83 which previously
authorized the said agreement, the action herein being taken for the
reasons indicated in the aforesaid communication.
#719-83 RESOLVED, that having considered the report and recommendation of
the City Engineer dated August 12, 1983, which bears the signature of the
Finance Director, is approved as to form by the City Attorney, is approved
by the Director of Public Works and is approved for submission by the
Mayor and which submits a proposed revised agreement between the City of
Livonia and the Michigan Department of Transportation for the construction
and turn-back to the City of the I-96 Service Roads when constructed to
applicable standards by the Michigan State Highway Commission, the Council
does hereby approve the said agreement and does authorize the Mayor and
City Clerk to execute the same for and on behalf of the City of Livonia
in the manner and form submitted; further, the Council does hereby
appropriate a sum not to exceed $4,281.25 from the City's Motor Vehicle
Highway Fund Receipts (Major Roads) for this purpose.
The Communication from the Chief of Police, Fire Chief and Emergency
Preparedness Coordinator, dated July 19, 1983, re: Toxic Chemical Spills or
similar disasters, was received and filed for the information of the Council.
#720-83 RESOLVED, that having considered a communication from the
Director of Finance, dated September 8, 1983, and approved for submission
by the Mayor, with regard to conducting a public hearing in connection
with general revenue sharing funds, the Council does hereby determine that
a public hearing shall be conducted on Monday, October 10, 1983 at 8:00
p.m., at the City Hall, 33000 Civic Center Drive, Livonia, Michigan 1+8151+,
with respect to the proposed use report and budget presented to the City
Council by the Mayor for the fiscal year December 1, 1983 to November 30,
1984, so that citizens may have the opportunity to provide written and
20526
oral comments on the possible uses of such funds at that time; and the
City Clerk shall give adequate public notice of the said public hearing
in accordance with provisions of law.
#721-83 RESOLVED, that having considered a communication from the
Director of Finance, dated September 8, 1983, and approved for submission
by the Mayor, the Council does hereby determine to conduct a public
hearing on Monday, October 17, 1983 at 7:00 p.m. at the City Hall, 33000
Civic Center Drive, Livonia, Michigan 48154 with respect to the following
items:
1. The proposed Annual Budget for the City of Livonia for the
Fiscal Year commencing December 1, 1983;
2. The second public hearing required in connection with general
revenue sharing funds; and
3. The truth and taxation public hearing;
and the City Clerk shall give adequate public notice of said public
hearing in accordance with provisions of law and City Charter.
#722-83 RESOLVED, that having considered a communication dated September
7, 1983 from John R. Carney, attorney for Arbor Drugs, Inc., which in
accordance with the provisions of Section 19.08 of Ordinance No. 543, as
amended, the Zoning Ordinance, takes an appeal from a determination made
on August 30, 1983 by the City Planning Commission in its resolution
8-169-83 with regard to Petition 83-7-2-30 submitted by Arbor Drugs, Inc.
requesting waiver use approval to utilize an SDD license in connection
with a drug store proposed to be located in the Livonia Mall Shopping
Center on the Northwest corner of Seven Mile and Middlebelt in the S.E.
1/4 of Section 2, which property is zoned C-2, the Council does hereby
designate Monday, October 10, 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 48154;
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.
#723-83 RESOLVED, that having considered a communication dated September
8, 1983 from John R. Carney, attorney for Arbor Drugs, Inc., which in
accordance with the provisions of Section 19.08 of Ordinance No. 543, as
amended, the Zoning Ordinance, takes an appeal from a determination made
on August 30, 1983 by the City Planning Commission in its resolution
8-170-83 with regard to Petition 83-7-2-31 submitted by Arbor Drugs, Inc.,
requesting waiver use approval to utilize an SDM license in connection
with a drug store proposed to be located in the Livonia Mall Shopping
Center on the northwest corner of Seven Mile and Middlebelt in the S.E.
100 1/4 of Section 2, which property is zoned C-2, the Council does hereby
designate Monday, October 10, 1983 at 8:00 p.m. as the date and time for
20527
conducting a public hearing with regard to this matter, such hearing to
be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan
48154; 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.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop, McCann
NAYS: None
Councilman Taylor gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND. (Petition 83-6-3-3)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein. The
above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilwoman Gundersen gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 33 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 83-4-1-11
REZONING FROM RUF to PS t)
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.
At the direction of the Chair, Agenda Item 19 from the Historical Comm. .RE:
bid for the Hill House furnace, will be placed on the next regular meeting of the
LCouncil.
20528
On a motion by Councilman Taylor, seconded by Councilman Bishop, it was
#724-83 RESOLVED, that having considered the report and recommendation of
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 Dun-Rite Roofing Co.,
Inc., 20819 Whitlock, Farmington Hills, Michigan 48024+, for repairing the
Hill House roof for the price of $2,380, the same having been in fact the
lowest bid received; and the Council does hereby appropriate and authorize
the expenditure of the sum of $2,380 from the Community Development Block
Grant funds in Account 11223-857-987-081-000 for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop, McCann
NAYS: None
On a motion by Councilman Bennett, seconded by Councilman Bishop, and
unanimously adopted, it was
#725-83 RESOLVED, that having considered a communication from the Livonia
Jaycees, dated September 7, 1983, requesting use of the Wilson Barn proper-
ty as a location for the Livonia Jaycees' Haunted House trailer for the
period October 14, 1983 through October 30, 1983, Monday - Thursday,
6:30 pm to 11:00 pm; Friday, Saturday and Sunday, 6:30 pm to 12:00 mid-
night, the Council does hereby grant and approve this request subject to
insurance coverage being provided to the City to be approved by the City
Clerk and City Attorney, and further, subject to approval by the Livonia
Public School Board of the use of the parking lot at Emerson School for
this purpose.
On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, it
was
#726-83 RESOLVED, that having considered a communication from the Livonia
Historical Commission dated August 21, 1983, approved by the Director of
Community Resources and approved for submission by the Mayor and the
Director of Finance, the Council does hereby authorize the transfer of the
sum of $253 to Account 1/101-737-904 from the following accounts in the
following amounts:
$60 from Account # 101-737-864
$50 from Account # 101-737-128
$143 from Account # 101-737-939
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop, McCann
NAYS: None
20529
On a motion by Councilman Feenstra, seconded by Councilwoman Gundersen,
and unanimously adopted, it was
#727-83 RESOLVED, that having considered a letter from the Michigan
Liquor Control Commission dated May 19, 1983, and the report and recom-
mendation of the Chief of Police dated September 1, 1983, in connection
therewith, the Council does hereby approve of the request from Gerald C.
May and John E. B oussakis for transfer of ownership of a 1983 Class C
licensed business located at 35085 Plymouth Road, Livonia, Michigan 48150,
from Andrea Curcuriu, aka Andrew Curcuru; further, the Council does hereby
request that the Michigan Liquor Control Commission deny the request from
the aforesaid parties for a new SDM license, inasmuch as this 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 forward a certified copy of this resolution to the Michigan
Liquor Control Commission.
On a motion by Councilman Bennett, seconded by Councilman Bishop, it was
RESOLVED, that having considered a communication from the Depart-
ment of Law dated August 29, 1983, approved for submission by the Mayor,
to which is attached a copy of an offer to purchase real estate dated
August 23, 1983, from Giuliano Soave, 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, the Council does
hereby authorize the sale of such property to Giuliano Soave for the
price of $45,600.00 on the basis of a two year land contract and at an
interest rate of 11%, and without the City being required to pay Alvaro &
Associates a commission in the amount of 1•". and subject to the purchaser
providing his own title insurance policy and with the deletion of the 120
day requirement set forth in the aforesaid offer; and for this purpose
authorizes the Mayor and City Clerk to execute for and on behalf of the
City of Livonia an appropriate deed and such other documents as may be
necessary to fulfill the purpose of this resolution; and the Department of
Law is hereby requested to prepare and place in proper form such legal
documents as may be necessary to consummate this transaction.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Taylor, Bishop
NAYS: Ventura, Feenstra, Gundersen, McCann
The President declared the resolution denied.
On a motion by Councilman Feenstra, seconded by Councilwoman Gundersen,
it was
#728-83 RESOLVED, that having considered a communication from the Depart-
ment of Law dated August 29, 1983, approved for submission by the Mayor,
to which is attached a copy of an offer to purchase real estate dated
August 23, 1983, from Giuliano Soave, with regard to certain city-owned
20530
property located on the Southwest corner of Seven Mile Road and Shadyside
being lots 283 through 289, Garden Grove Subdivision, the Council does
hereby authorize the sale of such property to Giuliano Soave for the price
of $43,000.00 on the basis of a two year land contract and at an interest
rate of 11%, and without the City being required to pay Alvaro & Associates
a commission in the amount of 10% and subject to the purchaser providing
his own title insurance policy and with the deletion of the 120 day re-
quirement set forth in the aforesaid offer; and for this purpose authorizes
the Mayor and City Clerk to execute for and on behalf of the City of
Livonia an appropriate deed and such other documents as may be necessary
to fulfill the purpose of this resolution; and the Department of Law is
hereby requested to prepare and place in proper form such legal documents
as may be necessary to consummate this transaction.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Feenstra, Gundersen, Bishop, McCann
NAYS: Ventura, Taylor
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#729-83 RESOLVED, that having considered a communication from the City
Planning Commission, dated August 10, 1983, which transmits its resolution
8-165-83 adopted on August 2, 1983 with regard to Petition 83-7-8-21
submitted by J. D. Dinan requesting site plan approval in connection with
a proposal to construct a building for general office purposes on the
south side of Professional Center Drive between Laurel Park Drive and
Newburgh Road in Section 18, 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 Petition
83-7-8-21 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.
The Communication from the Mayor, transmitting the Preliminary Budget and
Supplement for the Fiscal Year ending November 30, 1984 was received and filed for
the information of the Council.
By Councilman Ventura, seconded by Councilwoman Gundersen, and nnAnimously
adopted, this 1014th Regular Meeting of the Council of the City of Livonia was duly
adjourned at 8:20 p.m., September 19, 1983.
)/-414%
ROBERT F. NASH, CITY CLERK