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HomeMy WebLinkAboutCOUNCIL MINUTES 1982-10-20 20056 MINUTES OF THE NINE HUNDRED AND NINETY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 20, 1982, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:00 P.M. Councilman Ventura delivered the invocation. Roll was called with the following result: Present: Robert E. McCann, Gerald Taylor, Fernon P. Feenstra, Alice Gundersen, Robert R. Bishop, Robert D. Bennett and Peter A. Ventura. Absent: None. Elected and appointed officials present: Robert F. Nash, City Clerk; Patricia L. Miencier, Deputy City Clerk; Harry C. Tatigian, City Attorney; Jack R. Dodge, Finance Director; Stanley Bien, Chief Librarian, G. E. Siemert, City Engineer; John Nagy, City Planner, James L. Miller, Personnel Director and Michael Reiser, Emergency Preparedness Coordinator. By Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #727-82 RESOLVED, that the minutes of the 991st Regular Meeting of the Council of the City of Livonia, held October 6, 1982, are hereby approved. By Councilman Bishop, seconded by Councilman Ventura, it was 4728-82 RESOLVED that the Council does hereby rescind and repeal Council Resolution 713-82 adopted on October 6, 1982 with regard to Petition 82-8-2-22. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Bishop and McCann. NAYS: Feenstra, Gundersen and Bennett. By Councilman Bishop, seconded by Councilman Ventura, it was RESOLVED that having considered a communication from the City Planning Commission, dated September 2, 1982, which transmits its resolu- tion 48-150-82 adopted on August 31, 1982 with regard to Petition 82-8- 2-22, submitted by John J. Kosinski, requesting waiver use approval to construct and operate a Taco Bell Restaurant on property located on the west side of Farmington Road, south of Seven Mile Road in the Northeast 1/4+ of Section 9, which property is zoned C-2, the Council does hereby 20057 concur in the recommendation made by the City Planning Commission and Petition 82-8-2-22 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. By Councilman Feenstra, seconded by Councilwoman Gundersen, it was #729-82 RESOLVED, that having considered a communication from the City Planning Commission, dated September 2, 1982, which transmits its resolution #8-150-82 adopted on August 31, 1982 with regard to Petition 82-8-2-22, submitted by John J. Kosinski, requesting waiver use approval to construct and operate a Taco Bell Restaurant on property located on the west side of Farmington Road, south of Seven Mile Road in the North- east 1/4 of Section 9, which property is zoned C-2, the Council does hereby determine to refer the foregoing 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: Taylor, Feenstra, Gundersen, Bishop and Bennett. NAYS: Ventura and McCann. The communication from the City Attorney dated September 24, 1982 with respect to Jeffrey Lauren Land Company v City of Livonia, Court of Appeals #65420 (previous #53189) ON REMAND was received and placed on file for the information of the Council. The communication from the City Attorney dated September 27, 1982 with respect to Court of Appeals Dockets No. 59727 and No. 59728 was received and placed on file for the information of the Council. The communication from the City Attorney dated October 8, 1982 with respect to Livonia Fire Fighters Union v City of Livonia, Wayne County Circuit Court Civil Action No. 81-126664-CZ was received and placed on file for the information of the Council. The following resolutions were offered by Councilman Feenstra and seconded by Councilman Taylor: #730-82 RESOLVED, that having considered a petition signed by certain residents on Lionel, Dover and Crown Ct., dated September 15, 1982 and before determining to install street lights at the inter- section of Lionel and Dover and at the intersection of Dover and Crown in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the 20058 proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 2-514 of the Livonia Code of Ordinances, as amended. #731-82 RESOLVED, that having considered a letter from Mr. & Mrs. John Bohnet, 37915 Mallory Drive, Livonia, Michigan 48154, dated October 5, 1982 with regard to the problem of standing water on Lot #16 of Laurel Park South Subdivision, the Council does hereby refer this item to the Director of Public Works for his report and recommen- dation. #732-82 RESOLVED, that having considered a communication from the CETA Program Administrator, dated September 14, 1982, approved by the Finance Director and approved for submission by the Mayor, to which is attached a schedule which sets forth proposed classroom training for Fiscal Year 1983, the Council does hereby approve and authorize expendi- tures from CETA funds of not to exceed $27,354 for Detroit Metropolitan Ceramic Tile Joint Apprenticeship Committee and not to exceed $3,800 for Detroit Engineering Institute, the same to be expended in the manner and in the amounts detailed in the aforesaid attachment. #733-82 RESOLVED, that having considered a communication from the District Judges of the 16th Judicial District Court, dated September 24, 1982, the Council does hereby increase the General Fund Revenue Account for Fines and Forfeits in the sum of $14,500, the same to thereafter be appropriated and transferred from the aforesaid account to the following accounts in the following amounts: 101-141-814-020-000 Service Bureau $5,400 101-141-817-020-000 Attorney Fees 3,000 101-141-835=000-000 Witness & Jury Fees 2,300 101-141-904-000-000 Printing 3,000 101-141-934-000-000 Office Equipment - Repairs 300 101-141-978-000-000 Capital Outlay - Books 500 $14,500 #734-82 RESOLVED, that having considered a communication from the Personnel Director, dated September 28, 1982 which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase of service recognition pins for 1983 from the Balfour Company, 283 Tilbury Road, Birmingham, Michigan 48009 for the number of items and at the costs indicated in the aforesaid communication and for a total price not to exceed $1,700; further, the Council does hereby authorize the said purchase without competitive bidding for the reason indicated in the aforesaid communi- cation and such action is taken in accordance with provisions set forth 20059 in Section 2-213(d)(4) and (5) of the Livonia Code of Ordinances, as amended. #735-82 RESOLVED, that having considered a communication from the Personnel Director, dated September 7, 1982, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on August 26, 1982, the Council does hereby authorize the following transfer of funds in the Civil Service Commission budget: FROM TO AMOUNT Publishing Medical Services #101-236-905 #101-236-328 $ 1,000 Interview Board Printing #101-236-825 #101-220-904 800 $ 1,800 the action herein being taken for the reasons indicated in the aforesaid communication. #736-82 RESOLVED, that having considered a communication from the Livonia Arts Commission, dated September 27, 1982, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby approve the transfer of the following funds in the budget of the Livonia Arts Commission: (1) Transfer $800 from Transportation Accounts 101-739-861-015-000 and 101-739-864-015-000 to Promotional Programs Account 101-739-882-010-000. (2) Transfer $200 from Miscellaneous Dues and Subscriptions Account 101-739-958-000-000 to Promotional Programs Account 101-739-882-010-000; the action herein being taken for the reasons indicated in the aforesaid communication. #737-82 RESOLVED, that having considered a communication from the Director of Community Resources, dated September 21, 1982, approved by the Finance Director and approved for submission by the Mayor and which submits a cash donation in the amount of $1,460.34 from the Stevenson High School Student Senate, the Council does for and on behalf of the City of Livonia accept the same, and for this purpose does increase in a like amount the revenue and expenditure budget for Account #101-174-931.010.000 so that the said money can be used for a display cabinet and recreational equipment at the Fire Station Senior Citizen Center. #738-82 RESOLVED, that having considered a communication from the Director of Community Resources, dated September 21, 1982, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the following cash donations for the Senior Citizen Program: 20060 (1) Michigan Depression Glass Society $315; (2) Mr. William Peterson, square dancers $200; and the Council does hereby determine to increase the revenue and expenditure budget for account #101-174-931.010.000 in a like amount. #739-82 RESOLVED, that having considered a communication from the Depart- ment of Law, dated September 28, 1982, transmitting for Council accept- ance two Grants of Easement, more particularly described as: Grant of Easement, dated September 23, 1982, executed by Thelma W. Brain, Stanley L. Wilson, Elaine T. Wilson, Ira Wilson II, Marybeth D. Wilson, Charles L. Wilson, Jr., and Diane W. Wilson, as Joint Tenants in Common, for: An easement for storm sewer being 12 ft. wide adjoining the East 60 ft. right-of-way line of Middlebelt Road and described by its centerline as: Part of the S.W. 1/4 of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as: Commencing at a point distant due North 117.00 feet, and S. 89° 34' 48" E., 60.00 ft., and due North 286.44 ft. and S. 89° 28' 12" E. 6.00 ft. from the Southwest corner of said Section 24; thence due North 501.79 ft. to the South line of Hampshire Estates Subdivision and the point of ending of this easement and An easement for storm sewer being 12 ft. wd. and described by its centerline as: Part of the Southwest 1/4 of Section 24, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as: Commencing at the Southwest corner of said Section 24, thence due North, 117.00 feet, thence, S. 89° 34' 48" E. , 60.00 ft., thence, due North 280.44 feet, to the point of beginning, thence, S. 89° 28' 12" E. , along the centerline of said 12 ft. wide easement 715.0 feet to a point of ending. and Grant of Easement, dated September 23, 1982, executed by Thelma W. Brain, Stanley L. Wilson, Elaine T. Wilson, Ira Wilson II, Marybeth D. Wilson, Charles L. Wilson, Jr. , and Diane W. Wilson, as Joint Tenants in Common, for: An easement for sanitary sewer being 12 ft. wide, the centerline of which is described as follows: Beginning at a point on the East 60 ft. R.O.W. line of Middlebelt Road in the S.W. 1/4 of Section 24, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan distant due North 117.0 ft. and S. 89° 34' 48" E. 60.0 ft. and due North 304.0 ft. 20061 from the S.W. corner of said Section 24: thence, S. 89° 02' 06" E. 225.5 feet; thence, S. 89° 28' 12" E. 480 ft. to a point of beginning. 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. #740-82 RESOLVED, that having considered a communication from the City Assessor, dated October 6, 1982, and approved for submission by the Mayor, with regard to a request from Clifford C. Johnson, 15390 Norwich, Livonia, Michigan 48154 and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby find that the proposed division and combination of Tax Item Nos. 46 064 01 0660 000 (16a660 6611a) and 46 064 01 0061 000 (16a6611b 662) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly approve of dividing and combining the same into two (2) parcels, the legal descriptions of which shall read as follows: a) The North 25 feet of Lot 661, also Lot 662 Coventry Gardens T 1 S. , R. 9 E. , Liber 55, Page 35 Wayne County Records; and b) Lot 660 and the South 25 feet of Lot 661 Coventry Gardens T. 1 S. , R. 9 E., Liber 55, Page 35 Wayne County Records; as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. #741-82 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934; 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, December 8, 1982 at 7:00 P.M. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 82-8-1-11, submitted by Kathleen McCann for a change of zoning of property located on the south side of Eight Mile Road between Farmington Road and Shadyside in the Northwest 1/4 of Section 3 from R-3A to C-2, the City Planning Commission in its resolution #9-16182 having recommended to the City Council that Petition 82-8-1-11 be approved; (2) Petition 82-8-1-12, submitted by Daniel A. Lord Holding Corporation for a change of zoning of property located on the north side of Schoolcraft Road between Eckles Road and 20062 the 1-96 Freeway in the Southwest 1/4 of Section 19 from R-1 to P, the City Planning Commission in its resolution #9-162-82 having recommended to the City Council that Petition 82-8-1-12 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes 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: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilman Bennett, seconded by Councilwoman Gundersen, it was #742-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 4, 1982, submitted pursuant to Council Resolution 673-82 adopted on September 22, 1982 with regard to Petition 82-8-2-24, submitted by Bill Hartsock, Jr., requesting waiver use approval to construct and operate a muffler shop on property located on the east side of Middlebelt Road between Bretton and St. Martins in the Southwest 1/4 of Section 1, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 82-8-2-24 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Gundersen, Bishop and Bennett. NAYS: Taylor, Feenstra and McCann. The President declared the resolution ADOPTED. By Councilman Taylor, seconded by Councilman Ventura, it was 20063 #743-82 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated September 29, 1982 and submitted pursuant to Council Resolution 292-82, in connection with a communication from the Mayor, dated March 29, 1982, to which is attached a proposed resolution which purports to amend and revise Council Resolution 463-81, so as to provide for the waiver of fees for civic and charitable organizations which would be provided the services of police reserve officers, the Council does hereby amend and revised Council Resolution 463-81 so as to have the same read as follows: RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 11, 1981, and submitted pursuant to Council Resolution 271-81 in connection with a communication from the Chief of Police, dated July 2, 1980, wherein it is recommended that the Division of Police be authorized to increase costs charged for each assigned police reserve officer to $10.57 per hour as detailed in the aforesaid communication, the Council does hereby concur in and approve of such action with the exception, however, that the public and parochial schools and colleges and churches, and charitable organizations for regularly scheduled events shall be required to pay $5.70 per hour; provided, further, that the foregoing fees shall not be charged for services rendered for wholly City-sponsored events. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING CHAPTER 2 (MISDEMEANORS) OF TITLE 8, OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 8-263 THERETO. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: 20064 AN ORDINANCE AMENDING SECTION 19 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 82-4-1-8 FOR CHANGE OF ZONING FROM C 4 TO M-1. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Taylor, Gundersen, Bennett and McCann. NAYS: Feenstra and Bishop. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 7.303(1) AND SECTION 7.304 BY AMENDING SUB-PARAGRAPH (2) THEREOF AND ADDING SUB-PARAGRAPH (12) THERETO. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 7-107, OF TITLE 7, CHAPTER 1 (BUILDING CODES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 7-107(15) THERETO. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 20065 Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 7-107 OF TITLE 7, CHAPTER 1 (BUILDING CODES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY REPEALING SECTION 7-107 (6) AND SECTION 7-107 (11) THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 27 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE", BY ADDING SECTION 3. THERETO. RE: PETITION 82-7-1-9 FOR CHANGE OF ZONING FROM M-2 TO C-3. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Taylor, seconded by Councilman Feenstra, it was #714-82 RESOLVED, that having considered a communication from the City Assessor, dated September 8, 1982, and approved for submission by the Mayor, with regard to a request from Eugene Vita, 15878 Deering, Livonia, Michigan 48154 and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.1.6 of Ordinance No. 514.3, as amended, the Livonia Zoning Ordinance, the Council does hereby find that the proposed division of Tax Item No. 14.6 052 02 0070 000 (13F70 71) would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing the same into two (2) parcels, the legal descriptions of which shall read as follows: a) Lot 70, Strathcona Gardens Subdivision, Liber 69, Page 31, Wayne County Records; and b) Lot 71, Strathcona Gardens Subdivision, Liber 69, Page 31, Wayne County Records; 20066 as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #745-82 RESOLVED, that having considered a communication from the Chief Librarian, dated September 28, 1982 which bears the signature of the Mayor and which transmits resolutions adopted by the Library Commission wherein it recommended that a non-resident annual fee of $20 be established for individuals and their family who are residents of communities which are not members of the Wayne Oakland Library Federation and that a $1 fee be established for replacement of lost library cards, the Council does hereby concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: Ventura. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Ventura, it was #746-82 RESOLVED, that having considered a communication from the City Clerk, dated October 7, 1982 which bears the signature of the Finance Director, the Council does hereby authorize the following transfers of funds: CITY CLERK'S ACCOUNT FROM TO 111-861-010 Auto Expense $ 200 111-904 Printing $ 200 111-864-010 Travel & Ed. 750 111-728 Off. Sup. 750 111-906 Reproduction 200 111-756 Misc. 200 111-906 Reproduction 1000 111-904 Printing 1000 111-958 Dues & Sub. 130 111-754 Veh. Lic. 130 111-753 Dog Licenses 70 111-754 Veh. Lic. 70 $ 2350 $ 2350 20067 ELECTION COMMISSION ACCOUNT FROM TO 193-861-010 Auto Exp. $ 200 193-728 Off. Sup. $ 200 193-864-010 Travel & Ed. 350 193-9o4 Printing 350 193-960-010 Ed. & Trg. 250 193-757 Data Voter Regis. 250 193-960-010 Ed. & Trg. 1500 193-933 Equip. & Maint. 1500 TOTAL $ 2300 TOTAL $ 2300 FURTHER, the Council does hereby increase the General Fund Account for Fines and Forfeits in the amount of $20,000, the same to thereafter be transferred from the aforesaid account to Account #101-111-702. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #747-82 RESOLVED, that having considered a communication from the City Planning Commission dated September 29, 1982 which transmits its resolu- tion #9-170-82, adopted on September 28, 1982 with regard to Petition 82-8-2-23 submitted by A. J. Charlet requesting waiver use approval to expand an existing muffler shop on property located on the northwest corner of Camden and Plymouth Road in the Southwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 82-8-2-23 is hereby approved and granted, such approval to be based on the same conditions set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bennett, it was #748-82 RESOLVED, that having considered a communication from the City Planning Commission dated September 30, 1982 which transmits its resolution #9-166-82, adopted on September 28, 1982 with regard to Petition 82-9-2-25 submitted by Joseph W. Giniel requesting waiver use approval to construct an addition to and expand an auto repair business located on the northeast corner of Middlebelt Road and Elsie Avenue in the Northwest 1/4 of Section 24, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 82-9-2-25 is hereby approved and granted, such approval to be based on the same conditions set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: 20068 AYES: Ventura, Taylor, Gundersen, Bishop, Bennett and McCann. NAYS: Feenstra. The President declared the resolution adopted. By Councilman Feenstra, seconded by Councilman Bennett, it was 47+9-82 RESOLVED, that having considered a communication from the City Planning Commission dated October 6, 1982 which transmits its resolution #9-169-82, adopted on September 28, 1982 with regard to Petition 82-9-2-27 submitted by Action Oldsmobile, Inc., requesting waiver use approval to construct an addition to and expand an existing auto dealership located on the south side of Plymouth Road between Farmington and Stark Roads in the Northeast 1r+ of Section 33, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commis- sion and Petition 82-9-2-27 is hereby approved and granted, such approval to be based on the same conditions set forth in the aforesaid recommenda- tion of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Taylor, it was #750-82 RgSOLVED, that having considered a communication from the City Planning Commission dated October 4+, 1982 which transmits its resolution #9-173-82 adopted on September 28, 1982 with regard to Petition 82-1-8-1 submitted by Jaafar K. Jaafar requesting approval of a sign plan in connection with a condition of approval of Petition 82-1-8-1 as required by Section 18.47 with respect to a proposal to construct a party store and rental retail space on the south side of Seven Mile Road between Filmore and Farmington Roads in Section 9, the Council does hereby concur in the recommendation of the Planning Commission and the said Sign Plan is hereby approved, such approval is to be based on the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Bishop, Bennett and McCann. NAYS: Gundersen. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Taylor, it was 20069 #751-82 RESOLVED, that the Council hereby determines to amend the Annual Budget for the fiscal year as submitted by the Mayor, to add or delete thereto the adjustments as reflected on the schedule of "Detail Budget Modifications" referred to herein as Supplemental Sheet "A", and that the complete Budget for the next fiscal year commencing December 1, 1982, and ending November 30, 1983, as shown in the Budget document on Pages I through XVII, submitted by the Mayor to the Council on September 15, 1982, pursuant to Section 3, Chapter VII of the City Charter, and as revised by the City Council, be and hereby is determined and adopted and appropriations made as provided by the City Charter; provided, however, for the monthly reports to the Council, the amounts as shown on Pages 1 through 230 should be used for comparative reporting purposes, and Council approval is required for transfers between line items within one activity; that all proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 11, 1982; after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on September 23, 1982; and provided further, that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the minutes of this meeting. City of Livonia Modified General Fund Budget For the Year Ending 11/30/83 Revenues: Property Taxes $ 12,086,000 Interest on Delinquent Taxes 3,000 Business Licenses and Permits 46,500 Non-Business Licenses and Permits 243,400 State Shared Revenues 6,465,500 Charges for Services 1,230,200 Fines and Forfeits 950,000 Interest Earnings 1,250,000 Federal Revenue Sharing 930,000 Miscellaneous 436,800 Total General Fund Revenues 23,641,400 20070 Expenditures: Legislative $ 448,492 Judicial 732,329 Executive 467,395 Elections 140,497 Financial and Administration 1,718,460 Other General Government 525,300 Public Safety (Including Federal Revenue Sharing $797,000) 12,282,622 Protective Inspection 509,948 Other Protective 27,715 Highways, Streets & Bridges (Including Federal Revenue Sharing, $133,000) 2,708,490 Parks and Recreation 1,931,207 Cultural 828,991 Conservation 19,937 Planning 465,183 Other City Functions 822,765 Total Expenditures $ 23,629,331 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Bishop, it was #752-82 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4.705 mills, i.e., 4.705/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1982, and ending November 30, 1983, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia: (a) The Council does hereby establish a tax levy of .941 mills, i.e., 941/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforce- ment personnel, equipment, supplies and facilities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (b) The Council does hereby establish a tax levy of 1.412 mills, i.e. , 1412/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing 20071 additional revenues for fire, police and snow removal personnel, equipment supplies and facilities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (c) The Council does hereby establish a tax levy of .030 mills, i.e. , 30/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, business and industries of the City of Livonia; in addition to the amount which is authorized to be levied for general municipal purposes; (d) The Council does hereby establish a tax levy of 1.617 mills, i.e., 1617/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (e) The Council does hereby establish a tax levy of .098 mills, i.e., 98/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the 1959, 1965 and 1968 Fire Station Bond Issue; in addition to the amount which is authorized to be levied for general purposes; (f) The Council does hereby establish a tax levy of .016 mills, i.e., 1610,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement of the 1960 and 1965 Public Library Bond Issue; in addition to the amount which is authorized to be levied for general municipal purposes; (g) The Council does hereby establish a tax levy of .170 mills, i.e., 170/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the Park and Recreational Facilities Bond Issue, Series I and Series II, in addition to the amount which is authorized to be levied for general municipal purposes; 20072 (h) The Council does hereby establish a tax levy of .610 mills, i.e., 610/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the Street Improvement Bonds, Series I and Series II, in addition to the amount which is authorized to be levied for general municipal purposes. (i) The Council does hereby establish a tax levy of .405 mills, i.e., 40510,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the 1978 Street Improvement Bonds, Series I, Series II and Series III; in addition to the amount which is authorized to be levied for general municipal purposes; and provided further, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is requested to immediately transmit copies of this resolution to each of the above offices. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #753-82 RESOLVED, that in accordance with Act 5, P.A. of 1982 and pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish an additional tax levy of .295 mills, i.e., .29510,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1982 and ending November 30, 1983, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia: (a) The Council does hereby establish an additional tax levy of .059 mills, i.e., 59/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facil- ities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; 20073 (b) The Council does hereby establish an additional tax levy of .088 mills, i.e. 88/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment supplies and facilities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (c) The Council does hereby establish an additional tax levy of .001 mills, i.e. 1/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, business and industries of the City of Livonia; in addition to the amount which is authorized to be levied for general municipal purposes; (d) The Council does hereby establish an additional tax levy of .033 mills, i.e. , 33/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; and provided further, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is requested to immediately transmit copies of this resolution to each of the above offices. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Gundersen, Bishop, Bennett and McCann. NAYS: Feenstra. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Bennett, it was 20074 #75+-82 RESOLVED, that in accordance with the provisions of Chapter 20 of Act 40 of the Public Acts of 1956, otherwise known as the Drain Code of 1956, and in order to raise the sum necessary to pay: (a) Installment No. 24 of the assessment for improving Livonia Drain No. 1, which installment is due April 1, 1983, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1983; and (b) Installment No. 22 on the assessment for improving Livonia Drain No. 2, which installment is due April 1, 1983, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1983; and (c) Installment No. 19 of the respective assessments for improving Livonia Drains Nos. 11, 12, 13, 16, 17 and 19, which respective installments are each due April 1, 1983, and to pay the interest on the respective unpaid balances, which interest payments are also due on April 1, 1983, and (d) Installment No. 16 of the respective assessments for improving Livonia Drain No. 22 and Livonia Drain No. 22 Branches, which installment is due April 1, 1983, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1983; and (e) Installment No. 15 of the assessment for the improving of Farmington Road Storm Relief Drain, which installment is due April 1, 1983, and to pay the interest on the unpaid balance, which interest payment is also due on April 1, 1983; and (f) Installment No. 13 of the assessment for improving Livonia Drains Nos. 2 (Branches), 11 (Extensions), 19 (Extension), 22 (Branches and Extension) and 26, which installments are due April 1, 1983, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1983, and (g) Installment No. 12 of the assessment for improving Livonia Blue Drain Extension and Branches; which installment is due April 1, 1983, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1983; and (h) Installment No. 7 of the assessment for improving Livonia Drains Nos. 1 (Extension and Branches), 16 (Extension and Branches), 38, 41 and 42, which respective installments are each due April 1, 1983, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1983; and (i) Installment No. 6 of the assessment for improving Livonia Drain No. 27 (Branches), which installment is due April 1, 1983, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1983; and 20075 (j) Installment No. 4 of the assessment for improving Livonia Drain No. 10 (Extension and Branches), which installment is due April 1, 1983, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1983; and the Council of the City of Livonia does hereby determine that there shall be and does hereby establish a tax levy of .966 mills of the State Equalized valuation of all real and personal property subject to taxation in the City of Livonia for the purpose of providing sufficient revenues to meet and pay the said installments and interest payments and, in this connection, the City Council does hereby elect to have such tax levy spread upon the County tax roll; and the Wayne County Bureau of Taxation, Office of the Wayne County Drain Commissioner, City Treasurer, City Assessor and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bennett, it was 4755-82 RESOLVED, that in accordance with the authority provided in Act 342, Public Acts of Michigan, 1939, as amended, and in order to raise the sum necessary to pay the tenth installment for sanitary and storm sewer improvements in Rosedale Gardens Subdivision, the Council of the City of Livonia does hereby determine that there shall be and does hereby establish a tax levy of .136 mills of the State Equalized valuation of all real and personal property subject to taxation in the City of Livonia for the purpose of providing sufficient revenues to meet and pay the said install- ment and interest payments and, in this connection, the City Council does hereby elect to have such tax levy spread upon the County Tax Roll; and the Wayne County Bureau of Taxation, Office of the Wayne County Road Commission, City Treasurer, City Assessor and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Feenstra, it was 20076 lip #756-82 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated October 7, 1982 with respect to a request for a new SDD license by The Southland Corporation, Andrea and Edward Switkowski located at 9001 Wayne Road, Livonia, Michigan, Wayne County, the Council does hereby recommend that the Liquor Control Commission deny the said request inasmuch as this application would be in violation of and in noncompliance with the requirements prescribed by the Livonia Zoning Ordinance No. 543, as amended; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilwoman Gundersen, and unanimously adopted, it was #757-82 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #571+-82 so as to permit consideration of several items that do not appear on the agenda. By Councilman Feenstra, seconded by Councilman Taylor, it was #758-82 RESOLVED, that having considered a communication from Marthanne Stefanko, Coordinator, dated October 15, 1982, submitted in behalf of the P.T.S.A. of Frost Middle School, the Council does hereby waive all license fees and permit costs in connection with the Frost Holiday Craft Show to be conducted on November 6, 1982 at Frost Middle School; and the City Clerk and all other City officials are hereby 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 resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2.10 OF ARTICLE II OF ORDINANCE NO. 51.3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE". RE. PETITION NO. 82-6-6-2 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 20077 lir Councilman Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 18.59 OF ARTICLE XVIII OF ORDINANCE NO. 543 , AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE". RE: PETITION NO. 82-6-6-3 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meetI.ng of the Council. By Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, this 992nd Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:00 P. M., October 20, 1982. rx4di- RO T F. NASH, CITY CLERK