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HomeMy WebLinkAboutCOUNCIL MINUTES 1984-01-25 20693 MINUTES OF THE ONE THOUSAND AND TWENTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 25, 1984, 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 02 p m Councilman Feenstra delivered the invocation Roll was called with the following result Present Robert R Bishop, Fernon P Feenstra , Alice Gundersen , Gerald Taylor, Robert D Bennett, Peter A Ventura , and Robert E McCann 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 NL Engineer, Jack Dodge, Finance Director, Russell Gronevelt, Director of Public Works, Robert Beckley, Superintendent of Public Service, Chief William Crayk, Police Department, Michael Reiser, Director of the Office of Emergency Preparedness , Lowell Peterson , Cable TV Commission, and James Carli , Livonia Public Schools, Assistant Superintendent of Operations By Councilman Ventura , seconded by Councilman Taylor, and unanimously adopted, it was 128-84 RESOLVED, that the minutes of the 1 ,022nd Regular Meeting of the Council of the City of Livonia , held January 11 , 1984, are hereby approved The Communication received from the Department of Engineering, dated January 6, 1984, re The Final Cost Information for the Traffic Signal at Intersection of Wayne and West Chicago, was received and placed on file for the information of the Council The following resolutions were offered by Councilman Taylor and seconded by Councilwoman Gundersen 20694 #29-84 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service tit dated December 16, 1983, which bears the signature of the Executive Assistant to the Mayor, is approved by the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Golf Course and Park Sections) with the fertilizer materials specified at the unit prices bid COMPANY NAME & ADDRESS MATERIAL TO BE FUPNISHED UNIT PPICES BID (1 ) Benham Chemicals 20-0-15 Golf course fertilizer $393 20 per ton 3190 Martin Road 20-5-10 Golf course fertilizer 306 00 per ton Walled Lake, MI 48088 16-4-8 Golf course fertilizer 270 00 per ton 28-3-8 Parks fert /herbicide 465 60 per ton (2) Turf Chemicals, Inc 13-0-44 Golf course fertilizer $383 00 per ton 2301 W Dewey, Box 451 Owosso, MI 48867 (3) Lakeshore Equip & Supply 36-0-0 Golf course fertilizer $568 00 per ton Co 20005 Lake Road P 0 Box 16915 Rocky River, Ohio 44116 (4) Lawn Equip Corporation 22-0-22 Parks fertilizer $383 46 per ton 46845 W Twelve Mile Novi , Michigan 48050 #30-84 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated December 15, 1983, approved by the Director of Finance and the Executive Assistant to the Mayor and approved for submission by the Mayor, the Council does hereby accept the bid of Golf Car Distributors, 1980 W Wide Track Drive, Pontiac, Michigan 48058, for supplying the Public Service Division (Parks and Golf Course Sections) with two (2) 3-wheel Turf Vehicles for a total price of $10,950, the same having been in fact the lowest bid received and meets all specifications #31-84 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated December 14, 1983, approved by the Director of Finance and the Executive Assistant to the Mayor and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Wallich Lumber Company, 10701 Lyndon, Detroit, Michigan 48238, for supplying the Public Service Division (Park Maintenance Section) with lumber for park picnic tables for the total estimated price of $5,740, the same having been in fact the lowest bid received and meets all specifications 20695 #32-84 RESOLVED, that having considered the report and recommendation of the Executive Assistant to the Mayor, dated December 21 , 1983, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Evergreen Tree Expert of Michigan , 4943 Horger, Dearborn, Michigan 48126, for completing all work required in connection with the City' s 1984 tree and stump removal program for the estimated total cost of $6,325, based upon the Public Service Division ' s estimate of units involved and subject to a final payment based upon 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 the sum of $6,325 from the Municipal Refuse Fund for this purpose, 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 things necessary or incidental for the full performance of this resolution. #33-84 RESOLVED, that having considered the report and recommendation of the Executive Assistant to the Mayor, dated December 21 , 1983, approved by the Director of Finance and approved for submission by the Mayor and the attached final estimate, dated June 10, 1983, the Council does hereby authorize final payment in the amount of $500 to Boston Tile & Terrazzo Co , 23740 Grand River Avenue, Detroit, Michigan 48219, which sum includes the full and complete balance due on a contract dated February 2, 1983, in the amount of $25,955, the actual contract amount completed to date being $25,955 in connection with the removal and replacement of Tile Flooring in the City Hall Lobby, it appearing in the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications and that the necessary contractor's guarantee has been filed #34-84 RESOLVED, that having considered the report and recommendation of the Director of Public Works , dated January 3, 1984, which bears the signature of the Director of Finance and is approved for submission by the Mayor and the attached final invoices, dated December 21 , 1983 and July 8, 1983, the Council does hereby authorize the following final payments. a Final payment in the amount of $3,750 to Construction Consultants, Inc , 900 Pallister, Detroit, Michigan 48202 for the preparation of specifications for the reroofing of the Police Headquarters building, senior citizens building and Fire Station #4, and to oversee the construction phase of the aforesaid work, and 20696 b Final payment in the amount of t14,247 80 � to Schreiber Corporation, 2239 Fenkell , Detroit, Michigan 48238, for completing all work required in regard to reroofing and sheet metal work on the Police Headquarters building, senior citizens building and Fire Station #4, the total work completed by this contractor being $135,908, further, that all work under the said contract has been completed in accordance with City standards and specifications, and that the appropriate waivers and warranties have been provided by the aforesaid contractors #35-84 RESOLVED, that having considered a communication from the City Clerk, dated January 11 , 1984, which transmits a petition from certain residents requesting the paving Of Fitzgerald Street, north of Seven Mile Road in the Fitzgerald Gardens Subdivision , the Council does hereby refer this item to the Engineering Division for its report and recommendation #36-84 RESOLVED, that having considered a letter from • Lawrence Swan , 19135 Weyher, Livonia , Michigan , dated January 3, 1984, to which is attached a petition signed by certain residents requesting the improvement of Weyher Street, north of Seven Mile Road, the Council does hereby refer this item to the Engineering Division for its report and recommendation #37-84 RESOLVED, that having considered a communication from the Director of Community Resources, dated January 6, 1984, which bears the signature of the Finance Director and is approved for submission by the Mayor and to which is set forth a proposed Youth Assistance Program budget for the period March 1 , 1984 through November 30, 1984, the Council does hereby approve the proposed Livonia Youth Assistance Program Budget in the manner and form set forth in the aforesaid attachment and for this purpose does hereby appropriate the amount of $56,732 to be transferred from Account #101-925-918 ( Insurance) to the accounts as reflected in the aforesaid attachment. #30-84 RESOLVED, that having considered a communication from the Director of Community Resources dated January 4, 1984, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and On behalf of the City of Livonia, accept a cash donation in the amount of $100 from Mrs Eleanor Pritchard, in order � to assist needy families in Livonia , and for this purpose, the Council does hereby determine that the aforesaid sum be deposited in Account #101-173-841-000-000, the Mayor's emergency fund 20697 139-84 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 10, 1984, approved by the Director of Finance and approved for submission by the Mayor, with regard to the employment of outside contractors to assist road maintenance personnel in a City-wide effort to plow snow on December 22, 28 and 29, 1983, the Council does hereby determine as follows A To authorize payment in the amount of $15,174 40 to B & V Construction , Inc , 25301 Novi Road, Novi , Michigan 48050, and B To authorize payment in the amount of $3,384 75 to Albert A Dettore & Associates , Inc , 12550 Farmington Road, Livonia, Michigan 48150, further, the Council does hereby authorize the foregoing without competitive bidding for the reasons indicated in the aforesaid communication and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 1 , of the Livonia Code of Ordinances , as amended 140-84 RESOLVED, that having considered a communication from the City Treasurer, dated January 6, 1984, the Council does hereby determine that the final date for payment of current taxes is hereby extended from February 15, 1984, up to and until , 5 00 p m February 29, 1984, without penalty #41-84 RESOLVED, that having considered the report and recommendation of the City Engineer dated January 6, 1984, approved for submission by the Mayor, with regard to the conveyance of certain right-of-way on Seven Mile Road at Wayne Road, the same to be conveyed by the City of Livonia to the Wayne County Road Commission, and the legal description of which is as follows That part of the N E 1/4 of Section 8, T 1S , R 9E , City of Livonia , Wayne County, Michigan, described as Beginning at the N E corner of said section and proceeding thence S 0°16' 30" E , 60 00 feet along the east section line, thence S 89°44' 10" W , 102 5 feet, thence N 0°16' 30"W , 60 00 feet, thence along the north section line N 89°44'10" E , 102 5 feet to the point of beginning the Council does hereby authorize the conveyance of the aforesaid right-of-way in the manner indicated, and for this purpose, authorizes the Mayor and City Clerk to execute a deed conveying the aforesaid right-of-way, as well as to do all other things necessary or incidental to the full performance of this resolution 20698 142-84 WHEREAS, legislation (HB 4994) which would update and expand Michigan ' s antitrust laws , extending coverage to include service businesses, has passed the House overwhelmingly, and WHEREAS, the House-passed bill expressly exempts governmental units from antitrust suits brought by an individual or a business for any act or conduct "when the unit of government is acting in the subject matter area in which it is authorized by law to act ," and WHEREAS, a local governmental exemption in state antitrust law would be highly persuasive in seeking congressional action exempting local units from federal antitrust law, and WHEREAS, the bill also authorizes local units of government threatened with injury or injured by a violation of the state antitrust law to seek injunctive and other equitable relief or damages for antitrust violations, and WHEREAS, municipalities as purchasers of goods and services are beneficiaries of state public policy to preserve a competitive state economy, NOW, THEREFORE, BE IT RESOLVED, by the Livonia City Council that the Michigan Senate be urged to approve HB 4994 and thereby to expand and update the state antitrust law and to provide an explicit exemption for units of local government from state antitrust law, and the City Clerk is hereby requested to forward a copy of this resolution to Senator Robert R Geake 143-84 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan 1921 , as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584) , as well as Article XXIII of Ordinance No 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, March 14, 1984 at 8 00 p m at the City Hall , 33000 Civic Center Drive , Livonia , Michigan , with respect to the following item Petition 83-10-6-5, submitted by the City Planning Commission, on its own motion, to amend Section 11 03(c) of Ordinance No 543, to incorporate regulations pertaining to the location of drive-in window facilities on restaurants within C-2 zoning districts, the City Planning Commission in its resolution 12-224-83 having recommended to the City Council that Petition 83-10-6-5 be approved, 20699 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/or (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 railroad 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 A roll call vote was taken on the foregoing resolutions with the following result AYES Feenstra, Gundersen , Taylor, Bennett, Ventura, McCann, Bishop NAYS None On a motion by Councilman Ventura , seconded by Councilman Feenstra , it was #44-84 RESOLVED, that having considered a communication from the City Clerk dated January 4, 1984, to which is attached a letter from the Director of Advertising & Promotion of the Observer & Eccentric Newspaper, dated December 1 , 1983, wherein a proposal is submitted for designation as the official newspaper of the City of Livonia for the period March 1 , 1984, through February 28, 1985, the City does hereby table this item pending receipt of competitive bids and/or proposals A roll call vote was taken on the foregoing motion with the following result AYES Feenstra, Gundersen, Taylor, Ventura, McCann NAYS Bennett , Bishop The President declared the resolution adopted On a motion by Councilman Ventura , seconded by Councilman Feenstra, � and unanimously adopted, it was 20700 #45-84 RESOLVED, that having considered a communication from the City Clerk dated January 4, 1984, to which is attached a letter from the Director of Advertising & Promotion of the Observer & Eccentric Newspaper, dated December 1 , 1983, the Council does hereby request that the Finance Director obtain competitive bids and/or proposals for printing of official notices in a newspaper of general circulation to be submitted to Council for its consideration Councilwoman Gundersen took from the table , for second reading and adoption , the following Ordinance AN ORDINANCE AMENDING SECTION 11 03 OF ARTICLE XI OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE " A roll call vote was taken on the foregoing Ordinance with the following result. AYES Feenstra , Gundersen, Taylor, Bennett, Ventura , McCann, Bishop 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 VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 83-6-3-4) A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra , Gundersen , Taylor, Bennett, Ventura , McCann , Bishop 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 Feenstra , it was #46-84 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 14, 1983, approved by the City Planner, the Superintendent 20701 of Public Service and the Director of Public Works and LIF approved for submission by the Mayor, the Council does hereby determine as follows (1 ) To accept, on behalf of the City, a cash payment from the Republic Development Company in the amount of $31 ,833 for the purpose of completing (a) remaining landscaping requirements along the 1-96/275 Freeway, along Haggerty Road, and within seven (7 ) remaining cul-de-sac island areas in accordance with the Planning Department ' s landscaping plans previously approved by the Planning Commission (estimated cost of $23,150) ` (b) certain water taps and hose outlets for the remaining cul-de-sac island areas (estimated cost of $5,983) , and (c) sodding, including 3-inches of topsoil for the seven (7) remaining cul-de-sac island areas (estimated cost of $2,500) , (2) To authorize the City' s Public Service Division to complete the above landscaping requirements in conjunction with a future tree planting contract, (3) To authorize the Water and Sewer Division � to complete the water taps and hose outlet installations within the remaining cul-de-sac areas at such time as home building activities have been completed adjacent thereto, (4) To authorize the Engineering/Inspection Division to arrange for sodding the remaining cul-de-sac island areas at such time as home building activities have been completed adjacent thereto, (5) To release to the Republic Development Company, 31275 Northwestern Highway, Suite 100, Farmington Hills, Michigan 48018-5574, proprietor of the subject subdivisions, (1 ) the General Improvement Bond ($3,300) , and the Greenbelt Development Bond ($11 ,000 for Quakertown Subdivision No 1 , and (2) the General Improvement Bond ($7 ,000) , the Greenbelt Development Bond /t73,5001 , and the Grading and Soil Erosion Bond ($13,500) for Quakertown Subdivision No. 2, and (6) To reduce the bond requirement for remaining sidewalks within Quakertown Subdivision No 0�~ 1 to $33,000 of which $5,000 is to be in cash, all other bond requirements relative to remaining improvements in Quakertown Subdivision Nos 1 and 2 remain unchanged 20702 A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, Gundersen , Taylor, Bennett, Ventura, McCann NAYS Bishop The President declared the resolution adopted On a motion by Councilman Ventura , seconded by Councilman McCann, it was #47-84 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated January 10, 1984, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract with Engineered Comfort Systems, 610 E Cambourne, Ferndale, Michigan 48220, in the amount of $36,586 for the purpose of designing and installing an air conditioning system at the Senior Citizens Center in the manner and form described in the aforesaid communication, and the Director of Public Works is hereby authorized to approve any minor changes in work as may become necessary, further, the Council does hereby authorize the said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action Lis taken in accordance with the provisions set forth in Section 3 04 140 D 2 and 5 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS None On a motion by Councilman McCann, seconded by Councilman Feenstra, it was #48-84 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 10, 1984, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract with Engineered Comfort Systems, 610 E Cambourne, Ferndale, Michigan 48220, in the amount of $128,000 for the purpose of designing and installing air conditioning and refrigeration system improvements at the Eddie Edgar Arena in the manner and form described in the aforesaid communication, and the Council does hereby authorize the Director of Public Works to approve any minor changes in work as may be necessary, further, the Council does hereby authorize the said item without competitive bidding for the reasons indicated in 20703 the aforesaid communication , and such action is taken in accordance with the provisions set forth in Section 3 04,140 D 2 and 5 of the Livonia Code of Ordinances , as amended A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra , Gundersen, Taylor, Bennett, Ventura , McCann , Bishop NAYS None On a motion by Councilwoman Gundersen, seconded by Councilman Bennett, and unanimously adopted, it was #49-84 RESOLVED, that the Council does hereby determine that in the event any unused funds become available upon the completion of the installation of air conditioning and new evaporative condensers at the Eddie Edgar Arena from funds previously appropriated for this purpose in Council Resolution 654-83, adopted on August 22, 1983, that the same shall thereafter be left to future allocation and appropriation by the City Council On a motion by Councilman Feenstra , seconded by Councilman Taylor, it was #50-84 RESOLVED, that having considered the report and @ recommendation of the Director of Public Works dated January 4, 1984, approved by the Director of Finance and approved for submission by the Mayor, with regard to a proposal to install high pressure sodium lighting in the Eddie Edgar Arena , the Council does hereby authorize the Public Service Division to purchase the required bulbs and ballasts described in the aforesaid communication from Splane Electric Supply Co , 439 East Columbia Street, Detroit, Michigan 48201 , at a total cost of $12,801 and to authorize the Saltz Electric, Inc , 34480 Commons Road, Farmington Hills, Michigan 48018, to remove existing mercury vapor fixtures, clean holophane glass reflectors and install new high pressure sodium fixtures and lamps for the price of $1 ,375, and the Council does hereby appropriate and authorize the expenditure of the sum of $14,176 from the unexpended fund balance account for this purpose, further, the Council does hereby authorize the said items without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 5 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra , Gundersen , Taylor, Bennett, Ventura , McCann, Bishop NAYS None 20704 On a motion by Councilman Taylor, seconded by Councilman Ventura, low it was 151-84 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated January 4, 1984, which bears the signatures of the Finance Director and the Director of Public Safety and is approved for submis- sion by the Mayor, the Council does hereby determine as follows (1 ) To authorize the purchase of two vehicles from Blain Buick from Account #101-307- 985-000-000 for $8,711 36 $17 ,422 72 Plus a 2% surcharge to State of Michigan 348 45 $17 ,771 17 And sell cars 78-42 and 78-48 with a minimum bid of $700 each (1 ,400 00) TOTAL $16,371 17 (2) To authorize the purchase of two vehicles from Blain Buick from Account #101-304-985- 000-000 and Account #101-323-985-000-000 for $8,259 40 $16,518 80 Plus a 2% surcharge to State of Michigan 330 38 $16,849 18 And sell cars #78-44 and #78-47 with a minimum bid of $700 each (1 ,400 00) TOTAL $15,449 18 further, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan prices, as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 5 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann , Bishop NAYS None On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, it was 20705 #52-84 RESOLVED,that having considered the report and recommendation of the Chief of Police dated December 28, 1983, which bears the signatures of the Finance Director and the Director of Public Safety and is approved for submission by the Mayor, the Council does hereby determine as follows (1 ) To authorize a three year lease/buy arrangement with Motorola to take delivery on eight (8) KDTs and associated mobile units for the three annual payments of $14,170 73 for a total of $42,512 19, and (2) To authorize the transfer of the sum of $9,530 from Account #702-000-285-210-000 to Account #101-329-987-000-000 ( Intelligence Bureau - Capital Outlay) for the outright purchase of two KDTs at $4,765 each from Motorola, further the Council does hereby authorize the said items without competitive bidding for the reasons indicated in the aforesaid communication , and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 5 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, Gundersen , Taylor, Bennett, VEntura , McCann, Bishop NAYS None On a motion by Councilman Bennett, seconded by Councilman Feenstra , it was RESOLVED, that having considered a communication from the Mayor dated January 9, 1984, wherein adjustments are recommended for certain appointed positions , the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, Gundersen , Bennett NAYS Taylor, Ventura , McCann , Bishop The President declared the resolution denied 20706 On a motion by Councilman Ventura , seconded by Councilman McCann, Lit was RESOLVED, that having considered a communication from the Mayor dated January 9, 1984" wherein adjustments are recommended for certain appointed positions, the Council does hereby determine that the salaries for the following positions be established, retroactive to, and commencing from, December 1 , 1983, as follows RECOMMENDED POSITION ANNUAL SALARY Finance Director $49,519 81 Director of Community Resources 37,210 66 Director of Livonia Housing Commission 33,300 00 further, with regard to the Director of the Livonia Housing Commission, the Council does hereby determine to extend the same City benefits (I E longevity, vacation credit, sick leave, etc ) as other appointed City Positions, and the Council does hereby authorize and approve such action for the period December 1 , 1978 through November 30, 1982, be it fUrther resOlved that 2ffeCtive DeCemb8r l , 1983, Land these benefits will be restored to the same level as afforded other appointed positions On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was RESOLVED, that the foregoing resolution be amended so as to delete therefrom the position of Director of Livonia Housing Commission On a motion by Councilman Bennett, seconded by Councilwoman Gundersen, it was RESOLVED, that the foregoing resolution and the proposed amendment thereof be referred to the Committee Of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra , Gundersen , Bennett NAYS Taylor, Ventura, McCann, Bishop ww� The President declared the resolution denied 20707 Councilman Bennett offered the following resolution 1100 RESOLVED, that the foregoing amendment be amended by deleting the position of the Finance Director The motion died for lack of support On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #53-84 RESOLVED, that the foregoing resolution be amended so as to delete therefrom the position of Director of Livonia Housing Commission A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, Gundersen, Taylor, McCann NAYS Bennett, Ventura, Bishop The President declared the resolution adopted On a motion by Councilman Ventura , seconded by Councilman McCann, L it was #54-84 RESOLVED, that having considered a communication from the Mayor dated January 9, 1984, wherein adjustments are recommended for certain appointed positions, the Council does hereby determine that the salaries for the following positions be established, retroactive to, and commencing from, December 1 , 1983, as follows RECOMMENDED POSITION ANNUAL SALARY Finance Director $49,519 81 Director of Community Resources 37,210 66 A roll call vote was taken on the foregoing resolution with the following results AYES Feenstra, Gundersen, Taylor, Ventura, McCann NAYS Bennett, Bishop The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was 20708 #55-84 RESOLVED, that having considered a communication from the Mayor dated January 9, 1984, wherein adjustments are recommended for certain appointed positions, the Council does hereby refer the subject of the proposed salary increase for the position of Director of the Livonia Housing Commission to the Committee of the Whole for its report and recommendation On a motion by Councilman Ventura, seconded by Councilman Bennett, it was #56-84 RESOLVED, that having considered a communication from the Livonia Cable Television Commission dated January 10, 1984, approved for submission by the Mayor, to which is attached a letter dated December 29, 1983 from the President of MetroVision, Inc , wherein it is indicated that a rate increase from $7 75 to $8 25 for basic service has been necessitated by increases incurred from suppliers, and which will be implemented in accordance with the provision set forth in Paragraph G of Exhibit E of Ordinance No 1685, the MetroVision of Livonia , Inc Cable Television Franchise Ordinance, and which further requests permission 16. to revise Paragraph D of Exhibit E of the aforesaid Ordinance No 1685 so as to establish a monthly rate for pay-television service with respect to Cinemax, the Disney Channel and the Metropolitan Detroit Sports Channel , in the amount of $7 95 per month, and having also considered a communication from the Department of Law dated January 19, 1984 with respect to this matter, the Council does hereby reject and deny this request, and the Department of Law is hereby requested to prepare an ordinance amending Ordinance No 1685, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, Gundersen, Bennett, Ventura NAYS Taylor, McCann, Bishop The President declared the resolution adopted Councilman McCann left the podium during discussion and voting on the following item On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 20709 #57-84 RESOLVED, that having considered a communication from the City Clerk dated January 4, 1984, to which is attached a communication from the Livonia Board of Education dated December 12, 1983 wherein a request is submitted for the City of Livonia to continue to collect 1/2 of the school property taxes on a twice a year basis in accordance with past practice , the Council does hereby request and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia , to execute an agreement with the Livonia Public Schools School District for Summer Tax collection, said agreement t0 be made subject to approval as to form by the Department of Law Councilman McCann returned to the podium On a motion by Councilman Feenstra , seconded by Councilwoman Gundersen , and unanimously adopted, it was #58-84 RESOLVED, that having considered a communication from the City Clerk dated January 3, 1984, to which is attached a resolution adopted by the Board of Education of the Clarenceville School District, dated December 8, 1983, wherein a request is submitted for the City of Livonia to continue to collect 1/2 of the school property taxes on a twice a year basis in accordance with past practice , the Council does hereby request and authorize the Mayor � and City Clerk, for and on behalf of the City of Livonia , to execute an agreement with the Clarenceville School District for Summer Tax collection, said agreement to be made subject to approval as to form by the Department of Law On a motion by Councilman Taylor, seconded by Councilman Ventura , and unanimously adopted, it was #59-84 RESOLVED, that having considered a communication from the City Planning Commission dated December 29, 1983, which transmits its resolution 12-226-83 adopted on December 13, 1983 with regard to Sign Permit Applications #630 , #831 and #632, submitted by Group Health Plan of Southeast Michigan, requesting erection of four (4) signs on property located on the west side of Farmington Road, south of Eight Mile Road in Section 4, the Council does hereby concur in the recommendation of the Planning Commission and approve Sign Permit Applications #630, #631 and #632, subject to compliance with the same conditions set forth in the aforesaid action of the Planning Commission On a motion by Councilman Taylor, seconded by Councilman Feenstra , �� and unanimously adopted, it was 20710 #60-84 RESOLVED, that having considered a communication from the City Planning Commission dated December 28, 1983, which sets forth its resolution 12-222-83 adopted on December � 13, 1983, with regard to Petition 83-10-2-37 , submitted N�. ~�~ hv Vilas L Allen, D V M , requesting waiver use approval to construct and operate a veterinary hospital on the east side of Farmington Road between Seven Mile Road and Clarita in the Northwest 1/4 of Section 10, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 83-10-2-37 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the recommendation of the Planning Commission On a motion by Councilman Feenstra, seconded by Councilman Ventura , it was RESOLVED, that having considered a communication from the City Planning Commission, dated December 28, 1983, which transmits its resolution 13-222-83 adopted on December 28, 1983, with regard to Petition 83-10-2-38, submitted by Daniel Robin requesting waiver use approval to utilize an SDM license in connection with an existing party store located on the southeast corner of Plymouth Road and Levan in the Northeast 1 /4 of Section 32, which property is zoned C-2, the Council does hereby reject the recommendation of the Planning Commission and Petition 83-10-2-38 is hereby �— denied, the Council having determined as a matter of fact that the petitioner has failed to affirmatively demonstrate that the proposed waiver use complies with the general standards and requirements set forth in Section 19 06 of the Zoning Ordinance, and for the following additional reasons (1 ) The proposed use is contrary to the spirit and intent of the Zoning Ordinance which, among other things, is to promote and encourage a balance and appropriate mix of uses and not over saturate an area with similar type uses as is being proposed (2) The added traffic that would be generated by this additional use would be detrimental to the neighborhood (3) Section 1 02 of the Zoning Ordinance States that comprehensive plan of this ordinance is for the purpose of promoting public health, safety, etc and safeguarding economic structure upon � which the good of all depends and therefore this proposed use violates this provision of the ordinance. 20711 A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra , Ventura NAYS Gundersen, Taylor, Bennett, McCann, Bishop The President declared the resolution denied On a motion by Councilman Feenstra, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the City Planning Commission, dated December 28, 1983, which transmits its resolution 13-222-83 adopted on December 28, 1983, with regard to Petition 83-10-2-38, submitted by Daniel Robin requesting waiver use approval to utilize an SDM license in connection with an existing party store located on the southeast corner of Plymouth Road and Levan in the Northeast 1/4 of Section 32, which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, Ventura NAYS Gundersen , Taylor, Bennett, McCann , Bishop The President declared the resolution denied On a motion by Councilwoman Gundersen , seconded by Councilman Taylor, it was #61-84 RESOLVED, that having considered a communication from the City Planning Commission, dated December 28, 1983, which transmits its resolution 13-222-83 adopted on December 28, 1983, with regard to Petition 83-10-2-38, submitted by Daniel Robin requesting waiver use approval to utilize an SDM license in connection with an existing party store located on the southeast corner of Plymouth Road and Levan in the Northeast 1/4 of Section 32, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 83-10-2-38 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 Gundersen, Taylor, Bennett, McCann, Bishop NAYS Feenstra, Ventura The President declared the resolution adopted 20712 On a motion by Councilwoman Gundersen , seconded by Councilman Feenstra, it was #62-84 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 14, 1983 on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 9, 1984, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1 ) accept and approve said statement in all respects, (2) determine to make the improvement consisting of scarifying the existing sealcoat surface where deteriorated, regrading those areas where the surface is scarified, placing culverts and grading road ditches so as to provide drainage at certain locations , placing approximately 2-inches of hot plant-mix asphalt and restoring shoulder areas with topsoil and seed on all streets in the Coventry Gardens and Coventry Woods Subdivisions in the East 1/2 of Section 16 T 1 S , R 9E , City of Livonia , Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated October 14, 1983, (4) determine that the estimated cost of such improvement is $362,370, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% ($54,355 50) and that the balance 20713 of said cost and expense of said public improvement amounting to 85% /$308,014 50) shall be borne and paid U� by special assessment district as herein N�. established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A special assessment district in the East 1/2 of Section 16, T 1 3 , R 9 E , City of Livonia, Wayne County, Michigan described as containing the following described property Lots 1 thru 42 of Coventry Woods Subdivision also Wayne County Bureau of Taxation Parcels l88lbl , l6Blb2, 1681b3 and l6B2a also Coventry Gardens Subdivision except lots 12 through 18a, 34b through 41 , 134 through 144, 153 through 167 , 171 through 179, 184 through 208, 231 through 235, 251 through 267, 279 through 281 , 516, 517, 522 through 538, l0aOLAlb and 10AOLA2. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and 20714 (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 3 08 110 of the said Code A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra , Gundersen, Taylor, Bennett, Ventura , McCann, Bishop NAYS None On a motion by Councilman Taylor, seconded by Councilman Feenstra , it was #63-84 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 23, 1983 on all matters required by Section 3 08 060 of the Livonia Code of Ordinances , as amended , and a first public hearing having been held thereon on January 9, 1984, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08.080 of said Code (1 ) accept and approve said statement in all respects, (2) determine to make the improvement consisting of placing approximately 4" of asphalt on the existing roadways (Alternate IV) in the B E Taylor' s Schoolcraft Manor Subdivision Nos 1 and 2 (Hillcrest, Mason Ct , Livonia Crescent and Warner Ct ) in the S W 1/4 of Section 23 T 1 S , R , 9 E. , City of Livonia , Wayne County, Michigan , as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated November 23, 1983, 20715 (4) determine that the estimated cost of such improvement is $119,084 12, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportion hereafter established. (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($16,692 62) and 100% of drainage ($7 ,800) and that the balance of said cost and expense of said public improvement amounting to 85% of paving ($94,591 50) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in five (5) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A special assessment district in the S W 1/4 of Section 23, T 1S , R 9E , City of Livonia , Wayne County, Michigan, described as containing the following property Lot 3, 4, 6a, 7, 8b, 9, 10, llb, 12, 13, 14b, 15, 16, 17a, 17b, 18, 19, 20, 21b, 22, 23, 24, 25, 26a , 28, 29a1 , 30, 31a, 32a, 33a, 34, 35, 36, 37, 38, 39, 40, 41 , 42, 43, 44, 45,46, 47, 48, 49, 50, 51 , 52, 53, 54, 55, 56, 57 and 58 of B E. Taylor's Schoolcraft Manor Subdivision and Lots 66, through 78, both inclusive and lot 79a, 79b and lots 80 through 89, both inclusive, and lots 90a, 90b, 91 , 92, 93, 94, 95, 96a, 97a, 98, 96b, 97b, 99 through 106, both inclusive, 109, 110, 113, 114, 115, 31b2, 32b1 , 116a , 32b2a, 116b, 117 , 32b2b, 33b, 118, 119, 120, 121 , 122 of B E Taylor' s Schoolcraft Manor Subdivision No 2 20716 (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each 0� such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and /10\ that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 3 08 110 of the said Code A roll call vote was taken on the foregoing resolution with the following result AYES: Feenstra , Gundersen, Taylor, Bennett, Ventura, McCann , Bishop NAYS^ None On a motion by Councilman Ventura, seconded by Councilman Feenstra, and unanimously adopted, it was #64-84 RESOLVED, that the Council does hereby request a report and recommendation from the Engineering Division including, therein , costs involved for a proposed drainage improvement for Livonia Crescent and Mason Ct in the S.W 1/4 of Section 23 On a motion by Councilman Taylor, seconded by Councilman Ventura, it was #65-84 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 17 , 1983 on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 9, 1984, after due notice as required by Section 3 08,070 of said Code, and after N� careful consideration having been given to all such matters , -- the Council does hereby, pursuant to Section 3 08.080 of said Code 20717 (1 ) accept and approve said statement in all respects, (2) determine to make the improvement li* consisting of improving alleys with full depth asphalt to the width of the existing gravel roadways (approximately 20 feet) located west of Middlebelt and south of Dover, and north of Joy between Middlebelt and Fremont in Section 35, T lS, , R 9E. , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated October 17 , 1983, (4) determine that the estimated cost of such improvement is $25,351 76 , (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property � benefited thereby and in part by the ~~~ City at large, in proportions hereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% ($3,802 76) and that the balance of said cost and expense of said public improvement amounting to 85% (t21 ,549) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in 10 annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows 20718 A special assessment district in the S E 1/4 of Section 35, T 13. , R 9E , City of Livonia , Wayne County, Michigan, N�~ described as containing the following described property Lots 31 through 63 of Bonaparte Gardens Subdivision. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and (10) that upon the completion of said roll � the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 3.08 110 of the said Code. A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra , Gundersen , Taylor, Bennett, Ventura , McCann , Bishop NAYS None On a motion by Councilman Ventura, seconded by Councilman Feenstra , and unanimously adopted, it was #66-84 RESOLVED, that having considered a communication from the City Planning Commission dated November 9, 1983, which sets forth its resolution 11-209-83, adopted on N�~ November 1 , 1983, submitted by John Dinan requesting waiver use approval to construct general office buildings on the east side of Farmington Road between Lyndon and Five Mile Road 20719 in the Northwest 1/4 of Section 22, which property is zoned PS, and the Council having conducted a public hearing with regard to this matter on January 9, 1984 pursuant to CR � 877-83, the Council does hereby reject the recommendation ��. ~�~ nf the City Planning Commission and said Petition 83-9-2-34 is hereby approved and granted, provided however that the foregoing approval shall not include approval of a site plan and that the said site plan is hereby referred to the Committee of the Whole for its report and recommendation. On a motion by Councilman Bennett, seconded by Councilman Feenstra, it was 167-84 RESOLVED, that having considered a communication from the City Planning Commission, dated November 23, 1983, which sets forth its resolution 17-205-83, adopted on November 1 , 1983, with regard to Petition 83-9-1-19 submitted by A S Nakadar, M D for a change of zoning on property located on the west side of Farmington Road, south of Eight Mile Road in the Northeast 1/4 of Section 4, from RUFA to PS, and the Council having conducted a public hearing with regard to this matter on January 9, 1984, pursuant to Council Resolution 907-83, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 83-9-1-19 is hereby denied for the following reasons �~- (1 ) The proposed change of zoning is contrary to the recommendation of the Future Land Use Plan for the future use of the property (2) The proposed zoning district would represent a further intrusion of non-residential zoning into a residential area (3) The proposed change of zoning would encourage similar requests for changes of zoning south along Farmington Road A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra , Gundersen , Taylor, Bennett, Bishop NAYS Ventura, McCann The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was 20720 #68-84 RESOLVED, that the Council does hereby determine to rescind and repeal the action taken in Council Resolution 662-83, adopted on August 22, 1983, wherein the Council N�~ did deny Petition 83-6-8-18 submitted by Eugene Kusluski , requesting site plan approval in connection with a proposal to erect a 75' radio antenna on the north side of Plymouth Road between Haller and Camden in Section 25 By direction of the Chair, this item was then requested to be placed on the next study session of the Council By Councilman Ventura , seconded by Councilwoman Gundersen, and unanimously adopted, this 1 ,023rd Regular Meeting of the Council of the City of Livonia was duly adjourned at 9 15 p m , January 25, 1984 RO ERT F. NASH, CITY CLERK