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HomeMy WebLinkAboutCOUNCIL MINUTES 1983-11-21 20603 MINUTES OF THE ONE THOUSAND AND NINETEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 21 , 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 06 p.m. Councilman Bishop delivered the invocation. Roll was called with the following result Robert E. McCann, Robert R. Bishop, Robert D. Bennett, Peter A. Ventura, Gerald Taylor, Fernon P. Feenstra, and Alice Gundersen. Absent None. Elected and appointed officials present Edward H. McNamara, Mayor, Robert F. Nash, City Clerk, Harry C. Tatigian, City Attorney, Patricia Miencier, Deputy City Clerk, John J. Nagy, Planning Director, G.E. Siemert, Chief Engineer, Jack Dodge, Finance Director, Michael Reiser, Office of Emergency Preparedness, Russell Gronevelt, Superintendent of Public Service, Ronald Reinke, Superintendent of Parks and Recreation, and Barney Knorp, Fire Chief. By Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #853-83 RESOLVED, that the minutes of the 1 ,018th Regular Meeting of the Council of the City of Livonia, held November 2, 1983, are hereby ap- proved The Quarterly Reports received from the CETA Program Administrator for the month ending September 30, 1983, were received and placed on file for the information of the Council . The Financial Statements for the month ending September 30, 1983, submitted by the Director of Finance, were received and placed on file for the information of the Council . The following resolutions were offered by Councilman Feenstra and seconded by Councilman Bishop 20604 #854-83 RESOLVED, that having considered the report and recom- mendation of the Fire Chief, dated October 18, 1983, which bears L the si Dature of the DirgctOr Of Findnce and is approVed fOr submission by the Mayor, the Council does hereby accept the bid of Rite Carpet Company, 28188 Schoolcraft, Livonia, Michigan 48154 for installing carpeting at Fire Division Headquarters for the price of $1 ,250, the same having been in fact the lowest bid received and meets specifications, further, the Council does hereby appropriate and authorize the expenditure of the sum of $1 ,250 from the general obligation bond issue for this purpose #855-83 RESOLVED, that having considered the report and recom- mendation of the Chief of police, dated November 1 , 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Mr. Jack Yates of Yates Chevrolet Cadillac, 1303 Manistee Highway, Manistee, Michigan 49680, in the amount of $5,125 for the purchase from the City of Livonia of a 1979 Cadillac Sedan Deville, VIN 60695900305564, a confiscated vehicle, the same having been in fact the highest bid received for this item, further, the Council does hereby authorize the transfer of the sum of $5,125 from the general fund, upon deposit of these moneys in same, to account #702-000-286-210-000, and the Council does hereby authorize the pay-off of lien on the said automobile of $1 ,212'70 to the Bank of the Commonwealth and the payment of $193 to the Livonia Auto Pound for towing and storage fees, the aforesaid funds to be expended from Account #702-000-285-210-000. #856-83 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated November 1 , 1983, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the renovation of Fire Station No 6 for the estimated cost of $1 ,935 by Bongero Construction, Inc. , 19414 Hillcrest, Livonia, Michigan 48152, in the manner and form detailed in the aforesaid report and attachment thereto, and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $1 ,935 from Account #101-336-934,000,000 for this purpose. #867-83 RESOLVED, that having considered the report and recommendation from the Chief of Police, dated October 12, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to forfeited drug mo- nies, the Council does hereby authorize the transfer of the sum Of $3,216 from Account #702-000-285-210-000 to Account #101-329- 756-000-000 #858-83 RESOLVED, that having considered the report and recom- mendation of the Livonia Housing Commission, dated October 26, 1083, 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 Silver Village 20605 Revenue Account Amount Amount 296-831-931-000-000 Increased Building Maintenance $1 ,000.00 Decreased 296-831-933-000-000 Equipment Maintenance 200.00 296-831-904-000-000 Printing 475 00 296-831-938-000-000 Ground Maintenance $1 ,675.00 $1 ,675.00 $1 ,675.00 #859-83 RESOLVED, that having considered a communication from the Per- sonnel Director, dated October 18, 1983, which is approved by the Fi- nance Director and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on Octo- ber 11 , 1983, the Council does hereby authorize the transfer of the sum of $800 from Account #101 -236-905 000.000, Publishing, to Account #101-236-828 000 000, Medical Services #860-83 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated November 9, 1983, which bears the signa- ture of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the following transfer of funds From Account No Amount To Account No 310-709-000-000 Comm 0 T $ 100 304-885-000-000 Admin. Pub Relations 310-709-000-000 Comm 0 T. 1 ,000 307-709-000-000 D.B. Overtime 310-709-000-000 Comm 0 T. 6,000 325-709-000-000 Patrol Overtime 310-709-000-000 Comm. O.T 4,300 329-709-000-000 Intelligence Overtime 310-709-000-000 Comm 0 T. 1 ,100 332-709-000-000 C S 0. Overtime 310-702-000-000 Comm. Sal 4,000 332-702-000-000 C S.O. Salary Total Transfers $16,500 #861 -83 RESOLVED, that having considered the report and recommendation of the City Assessor, dated November 10, 1983, which bears the signa- ture of the Finance Director and is approved for submission by the Mayor, in connection with services rendered by the Wayne County Board of Auditors for the preparation of assessment rolls, tax rolls and tax bills for the fiscal year ending November 30, 1983, the Council does hereby authorize the transfer of the sum of $10,911 .46 from Account #101 -247-702-000-000 to Account #101 -252-833-000-000 20606 #862-83 RESOLVED, that having considered the report and recommendation of the Planning Director, Director of Public Works and the Finance Director, dated October 17 , 1983, approved for submission by the Mayor, with regard to a final bill received from Vancleve' s Weed Cutting Service for the 1983 Weed Cutting Program, the Council does hereby authorize the transfer of the sum of $511 .02 from Weed Revenue Account #205-525-641 .000.000 to the Weed Cutting Account #205-525-818.015 000 in order to make final payment on this item. #863-83 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated October 26, 1983, approved for submission by the Mayor, to which is attached a billing from Continental Insurance Companies, 26899 Northwestern Highway, Southfield, Michigan 48034, dated October 5, 1983, representing the eleventh and final retrospective adjustment on the City's Workers ' Compensation Policy for the period 12/1/69 - 12/1/72, the Council does hereby authorize payment of the sum of $9,266 from Workers ' Compensation Account #101-950-917 , in the manner and form detailed in the aforesaid communication #864-83 RESOLVED, that having considered a communication from the Director of Community Resources, dated October 17 , 1983, approved by the Mayor and the Director of Finance, the Council does hereby accept the following cash donations from the following sources 1 ) Thursday Square Dancers 21984 Wildwood $145 2) "Square Eights" Square Dancers 12124 Boston Post Road 40 50 82 TOTAL $317 Further, the Council does hereby authorize an increase in Account #101-174-931 010 000 in the amount of $317 to reflect the donations herein accepted #865-83 RESOLVED, that having considered a communication from the Director of Community Resources, dated October 26, 1983, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept a cash donation in the amount of $846 from the Livonia Jaycees for the Youth Assistance Program, and the Council does hereby authorize an increase in Account #223-160-689 001 .000 in order to reflect the donation herein accepted #866-83 RESOLVED, that having considered a communication from Councilman Robert D. Bennett, dated October 31 , 1983, to which is attached a proposed resolution submitted by Mr. George Kettunen regarding the construction of certain gateways which constitute a hazard to automotive vehicle occupants if not properly constructed, the Council does hereby refer this item to the Engineering/Bureau of Inspection Division for its report and recommendation 20607 #867-83 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated October 14° 1983, approved for submis- sion by the Mayor, with regard to two court claims filed against the. L City of Livonia Police Professional Liability �o[lCy, the claimants bein Hubert Moss & Samuel Bradley and Thomas Tokar, the Council does hereby authorize the payment of the sum of $5,000 to be charged to the Insurance Account #101-925-918 for this purpose. #868-83 RESOLVED, that having considered a communication from the City Assessor, dated November 9, 1983, and approved for submission by the Mayor, with regard to a request from Mr. Tom Celani , 35901 Veronica, Livonia, Michigan, 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby find that the proposed division of Tax Item No 46 076 99 001 001 (19N1A1 to N3A1 N4A1 - N4B2B2A) would not be contrary to the spirit and purpose of the aforesaid Ordinance and does accordingly approve of dividing the same into four (4) parcels, the legal descriptions of which shall read as follows PARCEL "A" Part of the S.E. 1 /4 of Section 19, Livonia Twp. (now City of Li- vonia) , Beginning at a point S. 89 degrees 31 ' lO" E. 132,91 ft, thence N 00 degrees 08' 32" W. 431 ,30 ft. and S 89 degrees 30' 57" E. 653.06 ft. from the S. 1/4 corner of Sec. 19 to the point of beginning Thence S. 89 degrees 30' 57" E. 51 00 ft. , thence S. 00 degrees 06' 45" E 219 30 ft . , thence N. 67 degrees 39' 23" W. 80,00 � ft. , thence N. 06 degrees 47' 50" E 190 66 ft. , to the point of beginning. Containing 12,937.99 S.F or 0 297 Acres. PARCEL "B" Part of the S.E. 1/4 of Section 19, Livonia Twp. (now City of Li- vonia) , Beginning at a point S 89 degrees 31 ' l0" E. 132,91 ft thence N. 00 degrees 08` 32" N. 431 .30 ft. and S 89 degrees 30' 57" E. 582.63 ft, from the S 1/4 corner of Sec. 19 to the point of beginning Thence S. 89 degrees 30' 57" E. 70.43 ft. , thence S. 06 degrees 47' 50" W 190.66 ft , thence N. 67 degrees 39' 23" W. 72 66 ft. , thence N 06 degrees 47'50" E 163.44 ft to the point of beginning Containing 12,394,74 S.F. or 0.284 Acres. PARCEL "C" Part of the S.E. 1/4 of Section 19, Livonia Twp. (now City of Li- vonia) , Beginning at a point S 89 degrees 31 ' 18" E 132.91 ft , thence N. 00 degrees 08' 32" W. 431 30 ft and S. 89 degrees 30' 57" E. 512.20 ft from the S 1/4 corner of Sec. 19 to the point of beginning Thence S. 89 degrees 30' 57" E. 70 43 ft. , thence S 06 degrees 47' 50" W. 163,44 ft , thence N 67 degrees 39'23" W. 72.66 ft. , thence N. 06 degrees 47'50" E. 136.22 ft, to the point of beginning Containing 10,489 26 S.F. or 0.240 Acres 20608 PARCEL "D" Part of the S E. 1/4 of Section 19, Livonia Twp. (now City of Livonia) , Beginning at a point S. 89 degrees 31 ' lO" E. 132.91 ft. , thence N. 00 degrees 08/ 32" W 431 .30 ft. to the point of beginning Thence S. 89 degrees 30' 57" E. 512.20 ft. , thence S. 06 degrees 47' 50" W. 136 22 ft. , thence N 67 degrees 39'23" W. 166.15 ft. , thence N. 71 degrees 32' 45" W. 154.80 ft. , thence M. 82 degrees 21 '40" W 197 82 ft. to the point of beginning. Containing 26,955.4 S.F. or 0,618 Acres. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. #869-83 RESOLVED, that having considered a communication from the Superintendent of Public Service, dated October 27, 1983, approved for submission by the Mayor and which transmits Plante & Moran' s final report and recommendation regarding the City's computer system require- ments, dated October, 1983, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. #870-83 RESOLVED, that having considered a communication from the Judges of the 16th District Court, dated November 9, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein recommendations are submitted with regard to the creation of a new computer system to be established at the Court, the & Council does hereby refer this item to the Committee of the Whole for its report and recommendation #871-83 RESOLVED, that having considered a communication from the Director of Finance, dated October 27, 1983, approved for submission by the Mayor with regard to the action taken in Council Resolution 35-83, adopted on January 12, 1983, wherein certain sums were advanced from the unexpended fund balance account of the Sewer Fund, in connection with the reroofing of the Police Headquarters, Senior Citizens Center and Fire Station #4, the Council does hereby determine to reimburse the Sewer Fund in the amount of $149,700 by appropriating this amount from the General Fund Account 101-447-976-000-000, and that the following revenue accounts be increased to balance the general fund budget Account # Description Amount Increased 101-471 Contractor's General License $ 1 ,000 101-476 Electrical Contractor' s License 1 ,000 101-478 Heating Contractor's License 1 ,000 101-494 Trade Licenses 3,000 101-503 Air Conditioning Permits 1 ,000 101-504 Building Permits 80,000 101-505 Electrical Permits 15,000 101-506 Heating Permits 10,000 N� 101-507 Plumbing Permits 30,000 �- 101-519 Zoning Permits 7,700 $149,700 20609 The Communication from the City Clerk dated November 1 , 1983, re- garding the Three Year CETA Audited Financial Report for the period October 1 , 1979 to September 30, 1982, was received and placed on file for the infor- mation of the Council . The Communication from the Division of Engineering dated October 18, 1983, regarding the final cost information for the Newburgh Road/C & 0 Railroad Grade Separation was received and placed on file for the informa- tion of the Council . #872-83 RESOLVED, that having considered a communication dated October 21 , 1983, from the Department of Law transmitting for Coun- cil acceptance Warranty Deed more particularly described as Warranty Deed, dated October 14, 1983, executed by Ronald A. Schwartz and Jacob Kellman, partners on behalf of Vonn Investment Company, a Michigan Co-Partnership, conveying That part of the N E. 1/4 of Section 31 , T. 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, being more particularly described as beginning at the intersection of the North line of "Horton' s Subdivision" (Liber 32, Page 24, Wayne County Records) with the East line of Section 31 , T 1 S. , R 9 E , said point being due North a measured distance of 1 ,265 73 feet along the East line of said Section 31 (said line also being the centerline of Newburgh Road, 66 feet wide) from the East 1/4 corner of said Section 31 , proceeding thence from said point of beginning, S. 89 degrees 42'30" W along the North line of said "Horton' s Subdivision," 60 0 feet, thence due North, 178 07 feet to the South line of Ann Arbor Road, thence N 89 degrees 46' 17" E along said south line, 60.0 feet to the East line of said Section 31 , thence due South along said East line (also being centerline of Newburgh Road), 178 0 feet to the point of beginning (part of Bureau of Taxation Parcel 31B) Also, the East 27 feet of Lots No 1 and No 2 of "Horton' s Subdivision," as recorded in Liber 32, Page 24, Wayne County Records, said subdivision being part of the N E. 1/4 of Section 31 , Livonia Township (now City of Livonia) , Wayne County, Michigan. (Newburgh Road right-of-way) . the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Warranty Deed and the City Clerk is hereby 111 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 20610 #873-83 RESOLVED, that having considered a communication dated October 27, 1983, from the Department of Law transmitting for Council acceptance two Grants of Easement more particularly de- L scribed as 1 . Grant of Easement, dated October 3, 1983, executed by John George Friess, General Partner, 1-96 Officenter, A Michigan Part- nership, conveying to the City of Livonia An easement for construction and maintenance of a sani- tary sewer on, over, and across part of Lots 12 and 13 of Schoolcraft Acres Subdivision of part of the N W 1/4 of Section 27, T 1 S , R. 9 E. , Livonia Twp. (Now City of Livonia) Wayne County, Michigan as recor- ded in Liber 68, plats, page 44, Wayne County Records, Said easement being 12.00' in width and being 6 00' On each side of the following described centerline Commencing at a point on the South line of Lot 12 of said Schoolcraft Acres Subdivision, distant due West 15.60' from the S.E. corner of said lot, thence N. 0 degrees 04' OU" W 240 00 to the point of begin- ning of the centerline of the easement herein des- cribed, thence continuing N 0 degrees 04' 00" E. , 225.62' , thence N. 50 degrees 48' 23" E. , 139.54' to the point of ending on the Southerly line of l- 96 Service Drive (Schoolcraft Road) . � 2. Grant of Easement, dated August 19, 1983, executed by George Friess and Edward Piotrowski , General Partners, 1-96 Officenter, A Michigan Partnership, conveying to the City of Livonia. An easement for water mains on, over and across part of Lots 10 through 15 of Schoolcraft Acres Subdivision of part of N.W 1 /4 of Section 27, T. 1 S. , R. 9 E. , Livonia Twp (now City of Livonia) Wayne County, Michi- gan, recorded in Liber 68, Plats, Page 44, Wayne County Records, said easement being 12.00' in width and being 6.00' on each side of the following described center- line Beginning at a point on the East line of West 80' of Lot 15 of said Schoolcraft Acres Subdivision dis- tant N. 0 degrees 04'O0" W. , 40 00' from the South line of said Lot 15, thence N. 70 degrees 21 ' 50" W. 77.37' , thence Due West, 497.00' , thence N. 0 degrees 04'00" W. , 246 00' to a point at which the easement splits into two legs, one leg of which bears N. 89 degrees 56' 00" E , 27 00 to its point of end- ing, the other leg of which bears N. 0 degrees 04'O0" W. , 235.00' to its point of ending on the S. line of the I-96 Service Drive (Schoolcraft Road) . 20611 the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easement 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 inci- dental to fulfill the purpose of this resolution #874-83 RESOLVED, that having considered a communication dated October 31 , 1983, from the Department of Law transmitting for Council acceptance a Grant of Easement more particularly described as Grant of Easement, dated October 5, 1983, executed by Patricia Westergaard, conveying an easement for installing and maintaining a storm sewer, described as follows The North 8 feet of the East 160 feet of the following parcel of land The East 315 feet of the West 645 feet of the South 66 feet of the North 391 .02 feet of the N W. 1/4 of section 23, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement 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 inci- dental to fulfill the purpose of this resolution. #875-83 RESOLVED, that having considered a communication from the City Engineer, dated October 17, 1983, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution 206-83, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of paving alleys located west of Middlebelt, south of Dover, north of Joy between Middlebelt and Fremont with full depth asphalt to the width of the existing gravel roadways (approximately 20 feet) in the Southeast 1/4 of Section 35, and such report having indicated the number of parcels which show tax delinquencies, the numberof parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendat- ions have been properly filed by the City Engineer with the City Imo Clerk under date of October 17, 1983, and that there has been a full compliance with all of the provisions of Section 3.08.060 20612 of the Livonia Code of Ordinances, as amended,the Council does hereby set Monday, January 9, 1984 at 8 00 p.m as the date and time for a public hearing on the necessity for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3.08.070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.08 070 of said Code #876-83 RESOLVED, that having considered a communication from the City Engineer, dated October 14, 1983, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution 548-83, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement in Coventry Gardens and Coventry Woods Subdivision in the East 1/2 of Section 16, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimates, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of October 14, 1983, and that there has been a full compliance with all of the provisions of Section 3.08.060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, January 9, 1984 at 8 00 p m as the date and time for a public hearing on the necessity for such proposed improvement which public hearing shall be held before the Council in the City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3.08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.08 070 of said Code. #877-83 RESOLVED, that having considered a communication dated November 4, 1983 from Charles G. Tangora, attorney for John D. Dinan and Raymond Nagle, 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 November 9, 1983, by the City Planning Commission in its resolution 11- 209-83 with regard to Petition 83-9-2-34 submitted by John Dinan requesting waiver use approval to construct general office build- ings on the east side of Farmington Road between Lyndon and Five iwo Mile Road in the Northwest 1/4 of Section 22, the Council does hereby designate Monday, January 9, 1984, 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 Cen- 20613 ter Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper iiii 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 Bishop, Bennett, Ventura, Taylor, Feenstra, Gundersen, McCann NAYS None Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 010 OF TITLE 10, CHAPTER 03 (GENERAL PROVISIONS) 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 . Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 210 OF TITLE 10, CHAPTER 06 (DEFINITIONS) 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 . Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, ihs KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE", BY ADDING SECTION 3 THERETO. (Pet. 5-1-15) 20614 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated �~- herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council . Councilman Ventura took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 83-8-3-6) A roll call vote was taken on the foregoing Ordinance with the following result. AYES Bishop, Bennett, Ventura, Taylor, Feenstra, Gundersen, McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Councilman Bennett, seconded by Councilman Ventura, it was #878-83 RESOLVED, that having considered the report and recom- mendation of the Fire Chief, dated October 26, 1983, approved for submission by the Mayor, the Council does hereby approve and authorize the taking of competitive bids for the proposed sale of a 1970 Sutphen Tower, a 1963 and a 1952 American LaFrance Pumper, in the manner and form detailed in the aforesaid communication and in accordance with provisions of law and City Charter. A roll call vote was taken on the foregoing resolution with the following result. AYES Bishop, Bennett, Ventura, McCann NAYS Taylor, Feenstra, Gundersen The President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilman Taylor, it was 20615 #879-83 RESOLVED, that having considered a communication from the Personnel Director, dated October 28, 1983, approved by the Director of Finance and approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on October 27, 1983, wherein the Commission did recom- mend increasing rates of pay for various sports officials, effec- tive December 1 , 1983, in the following manner Proposed Rate "E" Major $14 00/game "F" Major 13.00/game Bronco Softball 10 00/game "D" Basketball 10 00/game Rainouts 3.00 The Council does hereby concur in and approve of the aforesaid action A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Bennett, Ventura, Taylor, Gundersen, McCann NAYS Feenstra The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Bishop, it was #880-83 RESOLVED, that having considered a communication from the Personnel Director, dated October 28, 1983, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission adopted on October 27, 1983, wherein the Commission did recommend an increase in figure skating instructor wages so as to provide a proposed rate of $12 00/hr for Figure Skating Supervisor and $10/hr for Senior Figure Skating Instructor to be effective December 1 , 1983, the Council does hereby concur in and approve of the aforesaid action A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Bennett, Ventura, Taylor, Feenstra, Gundersen, McCann NAYS None On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, it was 20616 #881-83 RESOLVED, that having considered a communication from the Superintendent of Parks & Recreation, dated October 24, 1983, ims approved by the Finance Director and approved for submission by the Mayor and which transmits a resolution adopted by the Parks & Recreation Commission on October 3, 1983, wherein the Commission did recommend increases in various entry fees, effective December 1 , 1983, which are as follows Type Proposed Fee Women's Fastpitch $ 210 Youth Softball 75 Connie Mack Baseball 175 Class "E" Major Baseball 150 Youth Basketball 75 The Council does hereby concur in and approve of such action, except that with respect to Youth Basketball the fee shall be established and continued at the rate of $40 A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Bennett, Ventura, Taylor, Gundersen, McCann NAYS Feenstra LThe President declared the resolution adopted. On a motion by Councilman Bennett, seconded by Councilman Ven- tura, and unanimously adopted, it was #882-83 RESOLVED, that having considered a communication from the City Treasurer, dated November 4, 1983, wherein she recom- mends that Comerica of Livonia be designated as the depository bank for water collection (in lieu of the current depository, National Bank of Detroit), the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation. On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, it was #883-83 RESOLVED, that having considered the report and recom- mendation from the Superintendent of Parks & Recreation, dated October 20, 1983, approved by the Finance Director and approved for submission by the Mayor and submitted pursuant to Council Resolution 811-82, with regard to bids received for fencing a Imo portion of the eastern boundary of Rotary Park, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation. 20617 A roll call vote was taken on the foregoing resolution with the following result AYES Bennett, Ventura, Taylor, Gundersen, McCann NAYS Bishop, Feenstra The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was RESOLVED, that having considered the report and recommenda- tion of the Planning Director and the City Engineer, dated October 20, 1983, and submitted pursuant to Council Resolution 747-83 in connection with 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 Peti- tion 80-1-2-1 , the Council does hereby determine to deny and reject this request On a motion by Councilman Bennett, seconded by Councilwoman Gunder- sen, it was #884-83 RESOLVED, that having considered the report and recommenda- tion of the Planning Director and the City Engineer, dated October 20, 1983, and submitted pursuant to Council Resolution 747-83 in connection with 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 Peti- tion 80-1-2-1 , the Council does hereby refer this item to the Street, Roads, and Plats Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Bennett, Ventura, Gundersen, McCann NAYS Taylor, Feenstra The President declared the resolution adopted 20618 On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #885-83 RESOLVED, that having considered a communication from the City Planning Commission, dated November 9, 1983, which transmits its resolution 11-211-83, adopted on November 1 , 1983, with regard to Sign Permit Application #569, submitted by Huron Advertising requesting erection of a wall sign on property located on the southeast corner of Seven Mile Road and Stamford in Section 9, the Council does hereby concur in the recommenda- tion of the Planning Commission and approve Sign Permit Application #569, subject to compliance with the same conditions set forth in the aforesaid action of the Planning Commission. On a motion by Councilman Bishop, seconded by Councilman Feen- stra, it was #886-83 RESOLVED, that having considered a communication from the City Planning Commission, dated November 9, 1983, which transmits its resolution 11-212-83, adopted on November 1 , 1983, with regard to Sign Permit Application #577, submitted by the Sign Place requesting erection of a sign on property located on the south side of Seven Mile Road, east of Myron in Section 9, the Council does hereby refer this item to the Study Session of the Council to be conducted on December 5, 1983, for further consideration. L A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Bennett, Ventura, Feenstra, Gundersen, McCann NAYS Taylor The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Feen- stra, and unanimously adopted, it was #887-83 WHEREAS, there exists in the City of Livonia (the "City") the need for certain programs to alleviate and prevent conditions of unemployment and to revitalize the City's economy, and to assist industrial and commercial enterprises, and to encourage the location, expansion or retention of industrial and commercial enterprises to provide needed services and facilities to the City and its residents, and WHEREAS, a program to alleviate the aforesaid conditions has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation") , and 20619 WHEREAS, the Corporation in conformity with Act No. 338, Public Acts of Michigan, 1974, as amended ("Act No. 338") has prepared and submitted a project plan (the "Project Plan"), providing all information and requirements necessary for a com- mercial project involving the acquisition, construction and equipping of a 18,500 square foot office facility to be owned by and operated by Newburgh Associates for the benefit of Newburgh Associates and located at 16824 through 16846 Newburgh Road (the "Project") , and WHEREAS, on November 10, 1983, the Corporation adopted a resolution amending the Project Plan to revise Exhibit C of the Project Plan to provide for the issuance of bonds in a single series of $1 ,000,000 rather than in two series of $800,000 and $200,000, and WHEREAS, the Corporation has requested this City Council to consider the Project Plan as amended (the "Amended Project PL an") , and WHEREAS, in conformity with Act No. 338 and the Internal Revenue Code of 1954, as amended (the "Code"), this legislative body has conducted a public hearing on the Project, the Project Plan, and the bonds in the maximum aggregate principal amount of not to exceed $1 ,000,000 proposed therein to be issued by the Corporation to finance all or part of the costs of the Project (the "Bonds"), NOW, THEREFORE, BE IT RESOLVED 1 The Amended Project Plan, as submitted and approved by the Corporation meets the requirements set forth in Section 8 of Act 338, and is hereby approved. 2. The persons who will be active in the management of the Project for not less than one year after approval of the Amended Project Plan have sufficient ability and experience to manage the plan properly. 3. The proposed methods of financing the Project as outlined in the Amended Project Plan are feasible and this Cor- poration has the ability to arrange, or cause to be arranged, the financing. 4 The Project as submitted is reasonable and necessary to carry out the purposes of Act No 338, and is hereby approved. 5 Issuance by the Corporation of the Bonds in an amount not to exceed $1 ,000,000, in accordance with the terms set forth in the Amended Project Plan, to finance all or part of the costs of the Project described herein and in the Amended Project Plan, is hereby approved. 20620 6. Based upon the information submitted and obtained, the Amended Project Plan as submitted and the Project to which it relates serves to alleviate and prevent conditions of unem- ployment and strengthen and revitalize the City's economy and, therefore, constitutes a vital and necessary public purpose. 7. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. Pursuant to the request of the City Engineer, Agenda Item #38, regarding the demolition of a building at 32101 , 32103 and 32105 Plymouth Road, was removed from the agenda at the direction of the Chair. On a motion by Councilman Taylor, seconded by Councilman Feen- stra, it was #888-83 RESOLVED, that having considered a communication from the City Planning Commission, dated September 29, 1983, which sets forth its resolution 9-194-83 adopted on September 20, 1983 with regard to Petition 83-4-1-12, submitted by the City Planning Commission for a change of zoning on property located on the west side of Middlebelt Road between Greenland and Puritan Avenues in Section 14, from RUF to P.S , and the Council having conducted a public hearing with regard to this matter on November 14, 1983, pursuant to Council Resolution 777-83, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 83-4-1-12 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Ventura, Taylor, Feenstra, Gundersen, McCann NAYS Bennett The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Tay- lor, it was 20621 #889-83 RESOLVED, that having considered a communication from the City Planning Commission, dated September 9, 1983, which sets forth its resolution 8-167-83 adopted on August 30, 1983, with regard to Petition 83-7-1-16 submitted by the City Planning Commission for a change of zoning on property located on the southeast corner of Seven Mile and Haggerty Roads in the North- west 1/4 of Section 7, from C-2 to P.0.-II , and the Council having conducted a public hearing with regard to this matter on October 31 , 1983, pursuant to Council Resolution 739-83, the Council does hereby concur in the recommendation of the Planning Commission as modified, so as to approve and grant the said Petition 83-7-1-16 only to the extent of approving rezoning from C-2 to P.O -I , and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES Bishop, Bennett, Ventura, Taylor, Feenstra, Gundersen, McCann NAYS None On a motion by Councilman Taylor, seconded by Councilman Feen- stra, and unanimously adopted, it was #890-83 RESOLVED, that having considered a communication from the City Planning Commission, dated September 23, 1983, which sets forth its resolution 9-185-83 adopted on September 20, 1983, with regard to Petition 83-8-2-33 submitted by William L. Roskelly of 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 inthe Northwest 1/4 of Section 33, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on October 31 , 1983, pursuant to Council Resolution 739-83, the Council does hereby reject the recommendation of the City Planning Commission and said Petition No 83-8-2-33 is hereby approved and granted subject to compliance with the following conditions. That the front yard setback shall be increased by a minimum distance of ten (10) feet, this additional yard area to be achieved, in part, by eliminating the separation between the restaurant structure and the dumpster enclosure and by relocating the proposed structures further south to the easement line. The additional front yard area shall be fully landscaped by extending the earth berm the full width between the driveways and an additional earth berm shall be placed south of the cross-over driveway 20622 On a motion by Councilman Feenstra, seconded by Councilman Bi- shop, and unanimously adopted, it was #891-83 RESOLVED, that having considered a communication from the City Planning Commission, dated November 7, 1983, which transmits its resolution 11 -207-83 adopted on November 1 , 1983, with regard to Petition 83-9-2-35, submitted by Seymour H. Man- dell requesting waiver use approval for outdoor sales in conjunc- tion with the use of an existing building located on the south side of Plymouth Road between Wayne Road and Laurel in the North- west 1/4 of Section 33, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 83-9-2-35 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the afore- said recommendation of the Planning Commission, as well as the following additional condition That the front yard and the rear yard shall be for controlled display only, such as live material , cut flowers and grave blankets, and the storage of peat moss, firewood, fertilizer, etc , shall not be permitted. On a motion by Councilman Feenstra, seconded by Councilman Bi- shop, it was #892-83 RESOLVED, that having considered a communication from the City Planning Commission, dated September 12, 1883, which sets forth its resolution 8-172-83 adopted on August 30, 1983 �mm with regard to Petition 83-8-6-4 submitted by the City Planning Commission to amend Section 18.42 of Zoning Ordinance #543 rela- ting to the location and height of radio towers and antennas in the City of Livonia, and the Council having conducted a public hearing with regard to this matter on October 31 , 1983, pursuant to Council Resolution 739-83, the Council does hereby refer this item to the Legislative Committee for its report and recom- mendation. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Bennett, Ventura, Taylor, Feenstra, Gundersen, McCann NAYS None On a motion by Councilman Feenstra, seconded by Councilwoman Gundersen, and unanimously adopted, it was 20623 #893-83 RESOLVED, that having considered a communication from the Department of Law, dated November 2, 1983, submitted pursuant to Council Resolution 542-83, transmitting for Council acceptance a warranty deed dated November 2, 1983, executed by Joseph Sergi , a single man, conveying to the City certain property described as fol - lows East 30 feet of the North 40.0 feet of the South 682.0 feet of the West 220.0 feet of the East 1/2 of the Southwest 1/4 of Section 25, City of Livonia, Wayne County, Michigan. (Camden Avenue right-of-way - Part of Bureau of Taxation Parcel 25Q41 ) 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. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #894-83 RESOLVED, that having considered a communication from the Department of Law, dated November 16, 1983, submitted pursuant to Council Resolution 545-83 transmitting for Council acceptance a war- ranty deed dated November 9, 1983. executed by Agnes A. Gagnon, Donna M. Carrico, John M. Whalen and Kathleen C. Whaleb, his wife, convey to the City certain property described as follows East 30 feet of the North 80.0 feet of the South 842.0 feet of the West 220.0 feet of the East 1/2 of the Southwest 1/4 of Section 25, City of Livonia, Wayne County, Michigan. (Camden Avenue right-of-way - Part of Bureau of Taxation Parcel 25Q43) 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. By Councilwoman Gundersen, seconded by Councilman Ventura, and unani - mously adopted, this 1019th Regular Meeting of the Council of the City of Li- vonia was duly adjourned at 8 45 p.m , November 21 , 1983. -114L74-1"24eAke ROBERT F. NASH, CITY CLERK