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HomeMy WebLinkAboutCOUNCIL MINUTES 1983-02-23 20219 MINUTES OF THE ONE THOUSANDTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 23, 1983, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the Vice-President of the Council at approximately 8:05 P. M. . Councilwoman Gundersen delivered the invocation. Roll was called with the following result: Present: Robert R. Bishop, Gerald Taylor, Fernon P. Feenstra, Alice Gundersen and Robert D. Bennett. Absent: *Robert E. McCann and Peter A. Ventura. Elected and appointed officials present: Robert F. Nash, City Clerk; Patricia L. Miencier, Deputy City Clerk; Harry C. Tatigian, City Attorney; Robert E. Osborn, Director of Public Works; G. E. Siewert, City Engineer; Ronald R. Reinke, Superintendent of Parks and Recreation; Jack Dodge, Finance Director; Michael Reiser, Emergency Preparedness Coordinator; John Nagy, City Planner; Daniel Gilmartin, Industrial Coordinator; William E. Crayk, Police Department; Russell Gronevelt, Superintendent of Public Service and Gary Whitener, Parks and Recreation Department. By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #1244-83 RESOLVED, that the minutes of the 999th Regular Meeting of the Council of the City of Livonia, held February 9, 1983, are hereby approved. It was moved to make a part of this meeting by reference the minutes of the First Regular Meeting of the Council conducted on May 29, 1950 in commemoration of this One Thousandth Regular Meeting of the Council. The communication from the Department of Law dated February 14, 1983 with respect to Joyce Anspach v City of Livonia, State of Michigan, et al., Wayne County ILCircuit Court # 82 244 772 CZ, was received and placed on file for the information of the Council. The communication from the CETA Program Administrator dated February 2, 1983, transmitting December 31, 1982 federally required Quarterly Reports relative 20220 to the City of Livonia CETA Program, was received and placed on file for the information of the Council. The communication from the Mayor dated February 9, 1983 with respect to Microfilming of City Records, was received and placed on file for the information of the Council. The following resolutionswere offered by Councilman Feenstra and seconded by Councilman Taylor: #125-83 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated January 31, 1983, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Town and Country Pools, 3773 E. Morgan Rd., Ypsilanti, Michigan, for supplying the Parks and Recreation Department with Chlorine for the price of $1.25/Gal. Bulk, $.80/Gal. Carboys and $3.00 Deposit/Container, the same having been in fact the lowest bid received and meets all specifications. #126-83 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated January 31, 1983, approved by the Finance Director and approveifor submission by the Mayor, the Council does hereby accept the bid of Robertson Bros. Pool Service, 32749 Northwestern Hwy., Farmington Hills, Michigan, for opening and closing the City's municipal swimming pools for a total price in the amount of $3,375, the same having been in fact the lowest bid received and meets all specifications. #127-83 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 4, 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 U.S. Standard Sign Company, P.O. Box 4005, Toledo, Ohio 43609 for supplying the Public Service Division (Sign Maintenance Section) with Aluminum Sign Blanks for a total price of $4,642.25, the same having been in fact the lowest bid received and meets all specifications. #128-83 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 3, 1983, which bears the signature of 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 (Road Maintenance Section) with the materials supplied at the unit prices bid per ton through April 1, 1984: far (1) Great Lakes Sand Co., Inc , 30945 Five Mile Road, Livonia, Michigan 48154 M.D.O.T. - 21A - D.T.Y. $ 3.99 per ton M.D.O.T. - 21A - S.O.R. 3.99 per ton Pea Gravel - D.T.Y. 3.59 per ton 20221 (2) Hayball Trucking, Inc., 12550 Farmington Road, Livonia, Michigan 48150 M.D.O.T. - 22A - D.T.Y. $ 3.58 per ton M.D.O.T. - 22A - S.O.R. 3.58 per ton W.C.R.C. - 3X - D.T.Y. 4.99 per ton W.C.R.C. - Pbrous Backfill - Grade A - D.T.Y. 2.14 per ton W.C.R.C. - 2MS - Mortar Sand - D.T.Y. 4.20 per ton 60-40 Washed - Conc. Aggregates - D.T.Y. 5.48 per ton (3) Edward C. Levy Company, 8800 Dix Avenue, Detroit, Mi. 48209 W.C.R.C. - 3A - D.T.Y. $ 7.99 per ton M.D.O.T. - 25A - D.T.Y. (Slag) 7.45 per ton M.D.O.T. - 31A - D.T.Y. 7.45 per ton W.C.R.C. - 22X - D.T.Y. 4.00 per ton W.C.R.C. - 30A - D.T.Y. 3.95 per ton (4) Hayes Excavating Co., 20303 Mansfield, Detroit, MI. 48235 M.D.O.T. - 9A - D.T.Y. $ 5.71 per ton M.D.O.T. - 9A - S.O.R. 5.71 per ton W.C.R.C. - Pbrous Backfill - Grade B - D.T.Y. 3.78 per ton M.D.O.T. - 21AA - Limestone 5.14 per ton (5) Holloway Sand and Gravel Co., Inc., 29250 Wixom Road, Wixom, Mi. 48096 M.D.O.T. - 25A - D.T.Y. (Stone) $ 7.15 per ton (6) Rock Transit Corp., 51490 Pontiac Trail, P.O. Box 121, Wixom, Michigan 48096 W.C.R.C. - 2NS - Natural Sand - D.T.Y. $ 3.12 per ton #129-83 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 3, 1983 which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following law bids which meet specifications for supplying the Public Service Division ( Golf Course Section) with the Spray Materials specified at the unit prices bid: (1) Lakeshore Equipment & Supply Co., 300 S. Abbe Road, P. 0. Box 4015, Elyria, Ohio 44036 Liquid preemergence crab grass control spray material $ 19.00/gal. (2) Benham Chemicals, 3190 Martin Road, Walled Lake, MI. 48088 Liquid fungicide for disease control of greens $ 15.50/lb. 160 (3) W. F. Miller Co., 1593 S. Woodward, Birmingham,MI. 48011 Liquid herbicide for weed control of fairways and roughs $ 8.95/gal. Liquid fungicide for disease control of tees and greens $ 5.628/lb. 20222 #130-83 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated January 31, 1983, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Commercial Lawnmower, Inc., 34955 Plymouth Road, Livonia, Michigan 48150 for supplying the Public Service Division (Park Maintenance Section) with two (2) 72" Front-Mounted Rotary Mowers for a net price of $12,240, based on a total price of $15,240 less trade-ins of $3,000, the same having been in fact the lowest bid received which meets specifications. #131-83 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 1, 1983 which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Fendt Builders' Supply, Inc., 22005 Gill Road, Farmington Hills, Michigan 48024 for supplying the Public Service Division (Road Maintenance Section) with Air Entrained Cement at the unit price bid through April 1, 1984 and which is in the total amount of $5,685, the same having been in fact the lowest bid received and meets all specifications. #132-83 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service dated January 28, 1983, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the Public Service Division to prepare specifications and thereafter take competitive bids in accordance with provisions of law and City Ordinance for the proposed purchase of three (3) Steel Box Enclosures, the action herein being taken for the reasons indicated in the aforesaid communication. #133-83 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated January 31, 1983, approved by the Finance Director and approved for submission by the Mayor, and which transmits a resolution adopted by the Parks and Recreation Commission on December 7, 1982 wherein it is recommended that entry fees for various softball teams be increased to include the $10 fee charged to join the Amateur Softball Association as follows: CURRENT PROPOSED Men's Slowpitch $ 160.00 $ 170.00 Women's Slowpitch 160.00 170.00 Women's Fastpitch 175.00 185.00 Men's Modified 240.00 250.00 Church Modified 240.00 250 00 the Council does hereby concur in and approve of the establishment of the proposed new entry fees; FURTHER, the Council does hereby increase Account #709.873-010 in the amount of $2,000 in order to reflect the action taken herein. ihr #134-83 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated February 1, 1983, approved by the Finance Director and approved for submission by the Mayor and which transmits a resolution adopted by the Parks and Recreation Commission on December 7, 1982 wherein it is recommended that the following rates for 1983 for green fees at the municipal golf courses be established: 20223 RESIDENT PROPOSED Hole 18 Hole Mon. - Fri. .50 $7.50 Sat., Sun., Holiday 5.50 8.50 Twilight 3.50 NON-RESIDENT Mon. - Fri. $6.00 $9.00 Sat., Sun., Holiday 8.00 10.00 Twilight 4.50 SENIOR CITIZENS $1.75 $3.50 JUNIORS $1.75 $3.50 FURTHER, that the days, times and course restrictions to remain the same as well as reservation rates and policies; the Council does hereby concur in and approve of such action. #135-83 RESOLVED, that having considered a communication from the Chief of Police dated January 31, 1983, which bears the signature of the Finance Director and is approved by the Mayor, the Council does hereby accept the gift by the Livonia Jaycees of four (4) Garrett Pocket Metal Detectors for use by the Livonia Division of Police. #136-83 RESOLVED, that having considered a communication from the Livonia Arts Commission dated January 27, 1983 which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept a gift from the Livonia Cultural League of a watercolor painting by artist Electra Stamelos. #137-83 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated February 3, 1983, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept a gift in the amount of $500 from the Over 30 League, and a gift in the amount of $1,000 from the Livonia Hockey Association with the provision that the same be deposited in the Unexpended Fund Balance Account; FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $4,327.08 from the Unexpended Fund Balance Account to cover the cost of purchasing interlocking rubber matting for the locker rooms at the Eddie Edgar Arena. #138-83 RESOLVED, that having considered a communication from the Mayor dated February 7, 1983 and a letter dated February 3, 1983 from Floyd Wieland, Pastor of the Apostolic Christian Church, 29575 Wentworth, Livonia, Michigan 48154, wherein it is proposed that the church be authorized to purchase certain city-owned property located at Hidden Lane and Wentworth Avenue in the southeast corner of Section 14 for the purpose of building a nursing center, the Council does hereby refer this item to the City Planner and the City Attorney for their respective (and expedited) reports and recommendations. 20224 lir #139-83 RESOLVED, that having considered a report from the Engineering & Inspection Division dated February 1, 1983, transmitting for Council acceptance four Grants of Easement, more particularly described as: Grant of Easement dated January 28, 1983, executed by Mary E. McLelland, a single woman, for: The East 25 feet of the following described parcel of land: That part of the S.W. 1/4 of Section 11, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the North and South 1/4 line of said Section 11, distant N. 0° 01' 25" E. 589.0 ft. from the South 1/4 corner of Section 11 and proceeding thence N. 0° 01' 25" E. along said line 150.0 ft. ; thence S. 89° 51' 10" W. 129.93 ft. ; thence S. 0° 01' 42" E. 150.0 ft. ; thence N. 89° 51' 10" E. 129.79 ft. to the point of beginning. (Bureau of Taxation Parcel 11DDld) and Grant of Easement dated January 24, 1983, executed by Gary W. Oliver and Elizabeth A. Oliver, his wife, for: The East 25 feet of the following described parcel of land: That part of the S.W. 1/4 of Section 11, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the North and South 1/4 line of said Section 11, distant N. 0° 01' 25" E., 289.0 ft. from the South 1/4 corner of Section 11; and proceeding thence N. 0° Ol' 25" E. along said line 150.0 ft. ; thence S. 89° 51' 10" W. 129.65 ft.; thence S. 0° 01' 42" E., 150.0 ft. ; thence N. 89° 51' 10" E. 129.51 ft. to the point of beginning. (Part of Bureau of Taxation Parcel 11DDlb) and Grant of Easement dated January 24, 1983, executed by Melvin W. Passmore and Mary L. Passmore, his wife, for: The East 25 feet of the following described parcel of land: That part of the S.W. 1/4 of Section 11, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the North and South 1/4 line of said Section 11, distant N. 0° 01' 25" E. 439.0 ft. from the South 1/4 corner of Section 11 and proceeding thence N. 0° 01' 25" E. along said line 150.0 ft. ; thence S. 89° 51' 10" W. 129.79 ft. ; thence S. 0° 01' 42" E. 150.0 ft. , thence N. 89° 51' 10" E. 129.65 ft. to the point of beginning. (Bureau of Taxation Parcel 11DDlc) and Grant of Easement dated January 25, 1983, executed by Virgil W. Bohley and Kimber Lee Bohley, his wife, for: 20225 The East 25 feet of the South 100 feet of the following described parcel of land: That part of the S. W. 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the North and South 1/4 line of said Section 11, distant N. 0° 01' 25" E. 739.0 ft. from the South 1/4 corner of Section 11 and proceeding thence N. 0° 01' 25" E. along said line 214.90 ft. ; thence S. 89° 51' 10" W. 130.13 ft. ; thence S. 0° 01' 42" E. 214.89 ft. ; thence N. 89° 51' 10" E. 129.93 ft. to the point of beginning except the North part thereof measuring 32.15 ft. on the East line and 30.82 ft. on the West line. (Bureau of Taxation Parcel 11DDIela) the Council does hereby, for and on 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 incidental to fulfill the purpose of this resolution; and FURTHER, the Council does hereby determine to dedicate and establish for water service purposes only, the following described easement and the City Clerk is hereby requested to have a certified copy of this resolution recorded at the Wayne County Register of Deed's office: Easement for Water Service - City Owned Property The West fifteen (15) feet of the following parcel of Land: The West 1/2 of that part of the S.E. 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the North and South 1/4 section line of said Section 11, distant N. 0° 07' 22" W. 60 ft. from the South 1/4 corner; proceeding thence N. 0° 07' 22" W. along said line 395.39 ft, thence S. 89' 55' 50" W., 113.87 ft. ; thence S. 0° 0' 54" W. , 395.32 ft. ; thence N. 89° 58' 03" W. , along the N. line of Six Mile Road, 119 ft. to the point of beginning. (Part of Bureau of Taxation Parcel 111 la1) #140-83 RESOLVED, that having considered a communication dated February 4, 1983 from the Department of Law transmitting for Council acceptance a Grant of Easement more particularly described as: Grant of Easement, dated September 23, 1982, executed by Asher N. Tilchin, Authorized partner of Newburgh Associates, a Michigan Co-partnership, for: PARCEL DESCRIPTION A parcel of land being a part of the N.W. 1/4 of the N.W. 1/4 of Section 17, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, more partic- ularly described as beginning at a point on the West line of Section 17, centerline of Newburgh Road, (120' wide), said point being S. 0° 04' 00" E. 661.37' from the N.W. corner of said Section 17; thence S. 89° 22' 20" E. 665.09' to a point; thence S. 0° 06' 15" W. 140.00' to a point, thence N. 89° 22' 20" W. 664.68' to a point on the West line of Section 17; thence N. 0° 04' 00" W. 140.00' to the point of beginning except the West 60' thereof. 20226 EASEMENT DESCRIPTION A strip of land 12 feet wide being 6 feet on either side of a line described as beginning at the Northeast corner of the above described parcel; thence South- westerly 114 feet to a point 40 feet west of the east line of the above described parcel, thence Southerly to a point on the South line which is 40 feet west of the Southeast corner of the above described parcel. 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 incidental to fulfill the purpose of this resolu- tion. The communication from the President of the Livonia Police Officers Association dated January 28, 1983, with respect to proposed modifications of the Retirement Ordinance, was received and placed on file for the information of the Council. The communication from the Public Safety Association dated January 29, L 1983, with respect to proposed merger of the Livonia Fire Fighters Union and Livonia Police Officers Association, was received and placed on file for the information of the Council. #141-83 RESOLVED, that having considered the report and recommendation of the CETA Program Administrator dated February 7, 1983, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize expenditures from CETA funds of not to exceed $4,750 for the purchase of skill training in connection with the CETA Classroom Training Program for fiscal year 1983, the action herein being taken for the reasons indicated in the aforesaid communication. #142-83 RESOLVED, that having considered a communication from the Reverend Kenneth G. Davis of St. Andrew's Episcopal Church, 16360 Hubbard Road, Livonia, Michigan 4815+, dated February 8, 1983, the Council does hereby approve and authorize the installation of two (2) signs, one (1) on Five Mile and Hubbard and one (1) on Six Mile and Hubbard, with respect to the following events and on the following dates in 1983: (1) Antique Show on April 29th and April 30, 1983; (2) Bazaar on November 3, 1983. #143-83 RESOLVED, that having considered a communication from the City Planning Commission dated February 7, 1983 which transmits its resolution 2-19-83, adopted on February 1, 1983 with regard to Petition 83-1-8-1 submitted by Elmer C. Spencer requesting approval of a Sign Plan as required by Section 18.47 in connection with a proposal to erect a wall 20227 sign on a commercial building located on the south side of Seven Mile Road between Myron and Irving in Section 9, the Council does hereby concur in the recommendation of the Planning Commission and Petition 83-1-8-1 is hereby approved and granted, such approval to be based upon the same condition as that set forth in the aforesaid recommendation of the Planning Commission. #14+4-83 RESOLVED, that having considered a communication from the Depart- ment of Law, dated February 3, 1983, approved by the City Engineer and the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Wayne Road right-of-way located in Section 8, owned by Donald J. Bist and Delores A. Bist, his wife, which land is more particularly described as follows: The East 26 feet of the following described parcel: Part of the N.E. 1/4 of Section 8, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, beginning S. 0° 16' 30" E., 752 feet from the N.E. corner of Section 8, thence S. 0° 16' 30" E., 160 feet, thence S. 89° 44' 10" W., 372 feet, thence N. 0° 16' 30" W., 160 feet, thence N. 89° 44' 10" E., 372 feet to point of beginning. Wayne County Bureau of Taxation Parcel No. 08Alal. (Wayne Road Right-of-Way) subject to the following terms and conditions: (1) that the purchase price shall be in the sum of $2000.00; (2) that the purchaser shall pay for the cost of title work in the sum of $40.00; (3) that the City's portion of the prorated City, County, County Drain, School and Community College Tax shall be in a sum not to exceed $22.81; BE IT FURTHER RESOLVED, that a sum not to exceed $2,062.81 is hereby appropriated and authorized to be expended from the proceeds of the 7.9 million dollar general obligation road improvement bond issue for the acquisition of said right-of-way, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #145-83 RESOLVED, that having considered a communication from the Depart- ment of Law, dated January 26, 1983, approved by the City Engineer and the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Wayne Road right-of- way located in Section 8, owned by Haresh M. Amin and Hema, H. Amin, his wife, which land is more particularly described as follows: The East 26 feet of the following described parcel: That part of the N.E. 1/4 of Section 8, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the E. line of 20228 said section distant S. 0° 16' 30" E. 912.0 feet from jig the N.E. corner of Section 8 and proceeding thence S. 0° 16' 30" E. along said E. line 130.0 feet; thence S. 89° 44' 10" W. 330.0 feet; thence N. 0° 16' 30" W. 130.0 feet; thence N. 89° 44' 10" E. 330.00 feet to the point of beginning. Wayne County Bureau of Taxation Parcel No. 08A3a2. (Wayne Road right-of-way) subject to the following terms and conditions: (1) that the purchase price shall be in the sum of $2,284.54; (2) that the purchaser shall pay for the cost of title work in the sum of $45.00; (3) that the City's portion of the prorated City, County, County Drain, School and Community College Tax shall be in a sum not to exceed $61+.o8. BE IT FURTHER RESOLVED, that a sum not to exceed $2393.62 is hereby appropriated and authorized to be expended from the proceeds of the 7.9 million dollar general obligation road improvement bond issue for the acquisition of said right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #11+6-83 RESOLVED, that having considered a communication from the Department of Law, dated January 27, 1983, approved by the City Engineer and the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Wayne Road right-of-way located in Section 8, owned by James H. Esson and Ann Esson, his wife, which land is more particularly described as follows: The East 26 feet of the following described parcel: Part of the N.E. 1/4 of Section 8, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, beginning S. 0° 16' 30" E. 66o ft. from the N.E. corner of Section 8, thence S. 0° 16' 30" E. 92 ft., thence S. 89° 44' 10" W. 372 ft., thence N. 0° 16' 30" W. 92 ft., thence N. 89° 44' 10" E. 372 ft. to point of beginning. Wayne County Bureau of Taxation Parcel No. 08A1a2 (Wayne Road right-of-way) subject to the following terms and conditions. (1) that the purchase price shall be in the sum of $1400.00; (2) that the purchaser shall pay for the cost of title work in the sum of $1+0.00; (3) that the City's portion of the prorated City, County, County Drain, School and Community College Tax shall be in a sum not to exceed $13.12. 20229 BE IT FURTHER RESOLVED, that a sum not to exceed $1453.12 is hereby appropriated and authorized to be expended from the proceeds of the 7.9 million dollar general obligation road improvement bond issue for the acquisition of said right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Gundersen, Bennett, Taylor, Feenstra and Bishop. NAYS: None. Councilman Bennett took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 9-105 OF TITLE 9, CHAPTER 1 (SUBDIVISION CONTROL) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Gundersen, Bennett, Taylor, Feenstra and Bishop. NAYS: None. The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Feenstra indicated that the word "Zoning Official" as used in the following Ordinance amendment would be changed to "Building Official". Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance amendment, as revised: AN ORDINANCE AMENDING SECTIONS 18.50, 18.50A, 18.50B, 18.50E AND 18.50F OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE". RE: PETITION 80-9-6-10 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Gundersen, Bennett, Taylor, Feenstra and Bishop. NAYS: None. The Vice President declared the foregoing Ordinance, as revised, adopted and would become effective on publication. 20230 By Councilman Taylor, seconded by Councilman Bennett, it was #147-83 RESOLVED, that having considered a communication from the City Planning Commission dated November 23, 1982 which sets forth its resolution #10-201-82 adopted on November 16, 1982 with regard to Petition 82-10-6-5 submitted by the City Planning Commission on its own motion to amend Section 19.06, General Waiver Requirements and General Standards of Zoning Ordinance 543 so as to incorporate additional site plan standards pursuant to requirements of State law, and the Council having conducted a public hearing with regard to this matter on February 7, 1983, pursuant to Council Resolution 873-82, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 82-10-6-5 is hereby approved and granted; and the Department of Law is requested to prepare an Or- dinance amending Ordinance 543, as amended, in accordance with this resolu- tion, including clarifying language with respect to "and/or" where used in the proposed Ordinance amendment. A roll call vote was taken on the foregoing redtaution with the following result: AYES: Gundersen, Bennett, Taylor, Feenstra and Bishop. NAYS: None. By Councilman Feenstra, seconded by Councilman Taylor, it was #148-83 RESOLVED, that having considered a communication from the City Planning Commission dated November 23, 1982 which sets forth its resolution #11-202-82 adopted on November 16, 1982, with regard to Petition 82-10-6-6 submitted by the City Planning Commission pursuant to Council Resolution 703-82 to amend Section 10.03 and 11.03 of Zoning Ordinance 543, so as to require waiver use approval for SDM licensed establishments in C-1 and C-2 zoning districts, and the Council having conducted a public hearing with regard to this matter on February 7, 1983 pursuant to Council Resolution 873-82, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 82-10-6-6 is hereby approved and granted; and the Department of Law is requested to prepare an Ordinance amending Ordinance #543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bennett, Taylor, Feenstra and Bishop. NAYS: None. By Councilman Feenstra, seconded by Councilman Taylor, it was #14+9-83 RESOLVED, that having considered communications from the Mayor dated January 7, 1983 and February 9, 1983 with regard to the termination of the Jackson School Lease Agreement, the Council does hereby authorize the Mayor to give written notice to the Livonia Public School District of the City's intent to vacate the Jackson School on or before May 27, 1983, said notice to be given in accordance with the terms of the Lease Agreement, at least 90 days prior to the said termination date. A roll call vote was taken on the foregoing resolution with the following result: 20231 AYES: Gundersen, Bennett, Taylor, Feenstra and Bishop. NAYS: None. *Councilman McCann assumed the Chair at 8:25 P. M. By Councilman Taylor, seconded by Councilman Feenstra, it was #150-83 RESOLVED, that having considered the report and recommendation of the Chief of Police dated January 27, 1983 which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase of seven (7) Monitor Alert/ Pagers from Motorola, Inc. , 20300 Civic Center Drive, Southfield, Michigan 48076 for the price of $2,275, the same to be appropriated and expended from Account #101-310-984-000-000; FURTHER, the Council does hereby authorize the said purchase 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 2-213(d)(4) 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: Gundersen, Bishop, Bennett, Taylor, Feenstra and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilman Bennett, it was #151-83 WHEREAS, there exists in the City of Livonia (the "City") the need for certain programs to alleviate and prevent conditions of unemploy- ment 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 WHEREAS, the Corporation in conformity with Act 338 of the Public Acts of Michigan, 197+, as amended ("Act 338"), has prepared and submit- ted a project plan (the "Project Plan"), providing all information and requirements necessary for a warehouse facility project to be undertaken on behalf of MG III Associates Limited Partnership (the "Project"); and WHEREAS, in conformity with Act 338 and the Internal Revenue Code of 195 +, as amended (the "Code"), this legislative body has conducted a public hearing on the Project, the Project Plan, and the bonds proposed therein to be issued by the Corporation (the "Bonds"); ihs NOW, THEREFORE, BE IT RESOLVED: 1. The Project Plan, as submitted and approved by the Corpora- tion meets the requirements set forth in Section 8 of Act 338, and is hereby approved. 20232 lbw2. The persons who will be active in the management of the Project for not less than one year after approval of the Project Plan have sufficient ability and experience to manage the plan properly. 3. The proposed methods of financing the Project as outlined in the Project Plan are feasible and this Corporation 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 338, and is hereby approved. 5. Issuance by the Corporation of the Bonds, in accordance with the terms set forth in the Project Plan, is hereby approved. 6. Based upon the information submitted and obtained, the Project Plan as submitted and the Project to which it relates serves to alleviate and prevent conditions of unemployment 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, Bennett, Taylor, Feenstra and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #152-83 RESOLVED, that having considered a communication from the Mayor dated January 28, 1983 with regard to a proposed land exchange between the City of Livonia and the Livonia Public Schools School District involving the following parcels of land: Lot Number Area Size 4-FF1 Bicentennial Park 15.00 Acres 5-Gla2a1 Bicentennial Park 10.00 Acres 5-G2bla 5-Cibl Bicentennial Park 25.00 Acres 5-Clb2a 5-Clb2b1 16-Ilb Lincoln School 9.41 Acres and a 36.71 acre City-owned parcel located near Stevenson High School (Lot Number 9-D12h1), the Council does hereby refer this item to the Streets, Roads & Plats Committee and the Joint School Board/City Council Committee for their respective reports and recommendations. 20233 A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, Bennett, Taylor, Feenstra and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bennett, it was RESOLVED, that having considered the report and recommendation of the City Engineer dated January 24, 1983 which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby authorize and request the City Clerk to make application to the Detroit Edison Company on forms provided by such company for the installation of street lighting on Newburgh Road, from Amrhein Road to Industrial Road, in the vicinity of the railroad grade separation (Phase I), in the City of Livonia, Michigan, the estimated yearly cost of which is $4,900, it being the determination of the Council that such lighting is required in order to protect the public safety of the residents of the community. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor and McCann. NAYS: Gunderson, Bishop and Feenstra. The President declared the resolution DENIED. By Councilman Bennett, seconded by Councilman Feenstra, it was #153-83 RESOLVED, that having considered the report and recommendation of the City Engineer dated January 24, 1983 which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the proposed installa- tion of street lights on Newburgh Road from Plymouth Road to Schoolcraft, the Council does hereby refer this item to the Streets, Roads & Plats Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, Bennett, Taylor, Feenstra and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilman Taylor, it was #154-83 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 29, 1982 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on February 7, 1983, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: 20234 (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of two (2) high pressure sodium lights on davitt poles with underground wiring at the intersections of Lionel and Dover and Dover and Crown in the New Joy Subdivision, New Joy Subdivision No. 2 and Schulgren Subdivision No. 3 in the South 1/2 of Section 32, City of Livonia, Wayne County, Michigan, as described in said statement; and 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 the improvement as set forth in said statement dated November 29, 1982; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: Lots 121 and 122 of New Joy Subdivision No. 2, as recorded in Liber 84, Page 53, W.C.R. , Lots 20; 21; 22; 23; 24; 26 and 27 of New Joy Subdivision, as recorded in Liber 83, Page 45 and 46, W.C.R. and Lots 124; 135; 163; 164; 165; 166 and 167 of Schulgren Subdivision No. 3, as recorded in Liber 84, Page 12, W.C.R., said subdivisions be of part of the S. 1/2 of Section 32, City of Livonia, Wayne County, Michigan. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated November / 29, 1982; and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who there- upon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, Bennett, Taylor, Feenstra and McCann. NAYS: None. 20235 By Councilman Feenstra, seconded by Councilman Bishop, it was #155-83 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 239, more partic- ularly described in Council Resolution 872-82 adopted on December 15, 1982, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Tanglewood Subdivision in said Special Assessment District No. 239; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that the installation of street lighting with high pressure sodium lights (colonial design) with underground wiring and that the assessments set forth in said Special Assessment District No. 239 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; said Special Assessment Roll No. 239 based on installation of high pressure sodium lights (colonial design) with underground wiring is hereby approved and confirmed in all respects; pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bennett, Taylor, Feenstra and McCann. NAYS: Bishop. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Feenstra, it was #156-83 RESOLVED, that the City Engineer having filed a statement with the City Clerk dated December 8, 1982, pursuant to Council Resolution 805-82 and in accordance with provisions of Section 2-506 of the Livonia Code of Ordinances, containing a report with regard to the proposed installation of high pressure sodium street lights on davitt poles in the Tiffany Park Subdivision and the Tiffany Park Subdivision No. 4 in the southwest 1/4 of Section 1, and a public hearing having been held thereon on February 7, 1983 pursuant to Council Resolution 19-83, after due notice as required by Title 2, Chapter 5 of said Code, as amended, the Council does hereby refer this item to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bennett, Taylor, Feenstra and McCann. NAYS: Bishop. The President declared the resolution adopted. 20236 By Councilman Feenstra, seconded by Councilman Bishop, it was #157-83 RESOLVED, that having considered a communication from the City Planning Commission dated February 4, 1983 which sets forth its resolution 2-17-83 adopted on February 1, 1983 with regard to a request from Leo Stein for an extension of the approval of all plans required by Section 29.02 of Zoning Ordinance #543 in connection with a proposal to construct a senior citizen retirement apartment building on the west side of Farmington Road between Plymouth Road and Orangelawn in the Northeast 1/4 of Section 33, previously approved in Council Resolution 71-82 adopted on January 27, 1982, the Council does hereby determine to concur in the recommendation of the Planning Commission and grant the requested exten- sion for a one year period, subject to compliance with all of the condi- tions set forth in the original approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Taylor, Feenstra and McCann. NAYS: Gundersen and Bennett The President declared the resolution adopted By Councilman Bishop, seconded by Councilwoman Gundersen, it was #158-83 RESOLVED, that having considered a communication from the City Planning Commission dated February 7, 1983 which transmits its resolution 2-22-83 adopted on February 1, 1983 with regard to Petition 82-2-2-3 submitted by Siegal/Tuomaala Associates requesting approval of a sign plan pursuant to Section 18.47 of Zoning Ordinance 51+3 in connection with Petition 82-2-2-3 which requests waiver use approval to utilize an existing building located on the east side of Newburgh Road between Six Mile and Munger in Section 17 for general office purposes, the Council does hereby concur in the recommendation of the Planning Commission and the said Sign Plan is hereby approved, such approval to be based upon the same conditions as that 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, Bishop, Bennett, Taylor, Feenstra and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Taylor, it was #159-83 RESOLVED, that having considered a communication from the City Planning Commission dated December 21, 1982 which sets forth its resolution 12-220-82 adopted on December 14, 1982 with regard to Petition 82-11-2-38 submitted by Wonderland Center Food Hall requesting waiver use approval to utilize a Class "C" Liquor License within an existing restaurant estab- lishment located on the southwest corner of Plymouth and Middlebelt Roads in the Northeast 1/4 of Section 35, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on February 7, 1983, pursuant to Council Resolution 20-83, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 82-11-2-38 is hereby approved and granted. 20237 A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, Bennett, Taylor, Feenstra and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilwoman Gundersen, it was #160-83 RESOLVED, that having considered a communication from the City Planning Commission dated February 4, 1983 which transmits its resolution 2-14-83 adopted on February 1, 1983 with regard to Petition 82-11-2-43 submitted by Harry McManus requesting waiver use approval to operate an auto repair service within an existing building located on the southeast corner of Schoolcraft and Eckles Roads in the Southwest 1/4 of Section 19, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 82-11-2-43 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, Bishop, Bennett, Taylor, Feenstra and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bennett, it was #161-83 RESOLVED, that having considered a communication dated February 10, 1983 from the Michigan Liquor Control Commission with regard to an applica- tion from Clarence R. Charest for a new full year Class "C" License to be located at 32437 Five Mile Road, Livonia, Michigan, the Council does hereby refer this item to the next Study Session to be conducted on February 28, 1983. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: Feenstra. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #162-83 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #574-82 so as to permit lir consideration of several items that do not appear on the agenda. By Councilman Bishop, seconded by Councilwoman Gundersen, it was #163-83 RESOLVED, that having considered a communication from the Director of Community Resources dated February 17, 1983 with regard to the proposed purchase of a used van or truck for use in the Minor Home Repair 20238 Program, the Council does hereby determine to authorize the purchase of a used van or truck as requested for a price not to exceed $5,400, the same to be expended from Grant Funds which are available for this purpose; FURTHER, the Council does hereby determine to waive competitive bidding for the reasons indicated in the aforesaid communication and such action is taken in accordance with the provisions set forth in Section 2-213 (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: Gundersen, Bishop, Bennett, Taylor, Feenstra and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Bishop, it was #161+-83 RESOLVED, that having considered the report and recommendation of the Committee of the Whole submitted pursuant to Council Resolution No. 812-82 in connection with a communication from the Michigan Liquor Control Commission dated October 19, 1982 with regard to an application from Abe Green for a new full year Class "C" license to be located at 29767 Plymouth Road, Livonia, Michigan, Wayne County, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request "above all others"; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, Bennett, Taylor, Feenstra and McCann. NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, this 1000th Regular Meeting of the Council of the City of Livonia was duly adjourned at 8:45 P. M., February 23, 1983. R BERT F. NASH, CITY CLERK