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HomeMy WebLinkAboutCOUNCIL MINUTES 1983-01-26 20174 MINUTES OF THE NINE HUNDRED AND NINETY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 26, 1983, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at approximately 8.15 P. M. . Councilman Taylor delivered the invocation. Roll was called with the following result: Present: Robert E. McCann, Gerald Taylor, Fernon P. Feenstra, Alice Gundersen, Robert R. Bishop and Robert D. Bennett. Absent: Peter A. Ventura. Elected and appointed officials present: Edward H. McNamara, Mayor; Robert F. Nash, City Clerk; Harry C. Tatigian, City Attorney; John Nagy, City Planner; Sue Daniel, Historical Commission; James L. Miller, Personnel Director; Joan Duggan, Department of Community Resources; Daniel Gilmartin, Industrial Coordinator; G. E. Siemert, City Engineer; Jack Dodge, Finance Director; Robert E. Osborn, Director of Public Works; Russell Gronevelt, Superintendent of Public Service and Michael Reiser, Emergency Preparedness Coordinator. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #38-83 RESOLVED, that the minutes of the 997th Regular Meeting of the Council of the City of Livonia, held January 12, 1983 are hereby approved. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #39-83 RESOLVED, that the minutes of the 187th Special Meeting of the Council of the City of Livonia, held January 19, 1983, are hereby approved. The following resolution was unanimously introduced, supported and adopted: #40-83 WHEREAS, the City of Livonia is known throughout the State for its encouragement of and assistance to athletic programs for young people; and WHEREAS, the citizens of this community have always been vocal and enthusiastic in their support of local high school athletic teams; and 20175 lotWHEREAS, in the Detroit Catholic High School League competition, the Basketball Team of Livonia Ladywood High School became the 1982 AA-Division and Catholic League Champions; and WHEREAS, the Basketball Team of Livonia Ladywood High School recently captured both the Class "B" District crown and the Class "B" Regional crown in the Michigan High School Athletic Association State Tournament; and WHEREAS, the City of Livonia is extremely proud of the Ladywood "Blazers" and their 1982 season record of twenty-two wins and one loss, NOW, THEREFORE, I, Edward H. McNamara, Mayor of the City of Livonia, County of Wayne, State of Michigan, do hereby take this means to join with the City Council and Clerk to commend and congratulate the Livonia Ladywood High School basketball team and coaching staff for their outstanding accomplishments. The following resolutions were offered by Councilman Taylor and seconded L by Councilman Feenstra: #41-83 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service dated December 21, 1982, which bears the signature of the Director of Finance, is approved by the Director of Public Works, and is approved for submission by the Mayor, the Council does hereby accept the bid of Pritula & Sons Excavating, 6311 Central, Romulus, Michigan 48174 for completing all work required in connection with the City's 1983 Tree & Stump Removal Program, for a price of $9,084, the same having been in fact the lowest bid received and meets all specifications; and the Council does hereby appropriate and authorize the expenditure of the sum of $9,084 from the Municipal Refuse Fund for this purpose; and the Director of Public Works is hereby authorized to approve any minor adjustments in work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and do all other things necessary and incidental to the full performance of this resolution. #42-83 RESOLVED, that having considered the report and recommendation of the Director of Finance dated December 28, 1982, approved for submission by the Mayor, with regard to estimated reserves needed for Workers' Compensation losses, the Council does hereby adjust these reserves as follows: Reserve As Adjustments Adjusted Reserve LYear of 11/30/82 Required 11/30/82 Prior to 1975 $ -0- $ 10,537 $ 10,537 1975-76 16,842 (8,742) 8,100 1976-77 22,706 (13,106) 9,600 1977-78 14,146 36,754 50,900 1978-79 (2,242) 2,742 500 20176 Reserve As Adjustments Adjusted Reserve 16 Year of 11/30/82 Required 11/30/82 1979-80 $ (46,860) $ 74,56o $ 27,700 1981-83 4,822 14,278 19,100 $ 9,414 $ 117 ,023 $ 126,437 FURTHER, the Council does hereby appropriate the sum of $117,023 to Workers' Compensation Insurance Expense Account #101-950-917, such amount to be transferred from the following accounts: Account # Description Amount 101-952-918 Insurance $ 33,000 101-912-918 Insurance 1,400 101-909-886-130 Community Promotion 5,000 101-711-702 Salaries S Wages - Winter Recreation 5,000 101-710-918 Insurance - Recreation 3,500 101-710-702 Salaries Wages - Swimming 12,000 101-709-702 Salaries & Wages - Summer Recreation 21,000 101-709-715 FICA 3,400 101-707-702 Salaries Wages - Recreation Admin. 15,000 101-707-928 Heat, Light Water 17,000 101-698-702 Salaries & Wages - Concessions 723 $ 117,023 #43-83 RESOLVED, that having considered the report and recommendation of the Director of Finance dated January 4, 1983, approved for submission by the Mayor, to which are attached two schedules which list necessary budget transfers between accounts in the Major and Local Street Funds of the City for 1982, the Council does hereby approve in the manner and form submitted these transfers in the amounts reflected in the attached schedules. #44-83 RESOLVED, that having considered a communication from the Director of Finance dated January 4, 1983, approved for submission by the Mayor, to which is attached a communication from Great American Surplus Lines Insurance Company dated December 21, 1982, which indicates that it has incurred defense expenses in the amount of $5,309.95 in the case of Amoco v City of Livonia, the Council does hereby authorize the payment of same from Insurance Account #101-925-918. #45-83 RESOLVED, that having considered a communication from the Director of the Livonia Housing Commission dated January 3, 1983, approved for submission by the Mayor, which indicates that the Livonia Housing Commission's application for $75,000 under HUD's Comprehensive Improve- ment Assistance Program was approved, the Council does hereby approve Amendment #4 to the Livonia Housing Commission's Annual Contributions Contract C-885 in the manner and form submitted. 20177 #46-83 RESOLVED, that having considered a communication from the Planning Director dated December 17, 1982, approved for submission by the Mayor, to which is attached a Hold Harmless contract between the City of Livonia and the Community Commission on Drug Abuse, in connection with the Community Development Block Grant Program for the 1982-1983 program year, the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute the aforesaid contract in the manner and form herein submitted. #47-83 RESOLVED, that having considered a communication from the Livonia Historical Commission dated January 6, 1983, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the proposed lease of the Parsonage in the Historical Village at Greenmead by Harvey and Pamela Allen, the Council does hereby refer this item to the Department of Law for the preparation of the said Lease for submission to Council. *I8-83 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service dated December 22, 1982 which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby authorize the purchase of necessary replacement parts needed to repair Impact Attenuators for the Newburgh Road and C & 0 Grade Separation from Carrier & Gable, Inc. , 24110 Research Drive, Farmington Hills, Michigan 48024 for the period through December 31, 1983; FURTHER, the Council does hereby authorize the said item 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) (5) of the Livonia Code of Ordinances, as amended. #49-83 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service dated January 7, 1983, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby authorize the Public Service Division to purchase the necessary replacement parts for Vehicle #96, DPW Grad-All from Telford & Doolen, Inc. , 32971 Capitol Avenue, P.O. Box 2384, Livonia, Michigan 48151, as may be required in order to complete the major overhaul and repair job described in the aforesaid communication; FURTHER, the Council does hereby authorize the said item 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)(5) of the Livonia Code of Ordinances, as amended. #50-83 RESOLVED, that having considered the report and recommendation of the City Engineer dated January 14, 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 renovation and construction work at the Engineering/Inspection Division offices, the Council does hereby appropriate and authorize the expenditure of an Imw additional $903.80 for payment to be made to Rowe Electric Company and $568.07 for payment to be made to Bongero Construction, Inc., the foregoing appropriation to be expended from the Bureau of Inspection Salaries and Wages Account #371-702. 20178 #51-83 RESOLVED, that having considered communications from the City Assessor dated December 1, 1982 and January 17, 1983 with respect to departmental reorganization and approval of the new classification of Property Appraiser I at the rate of $15,828 - $18,512, and the redesigna- tion of Appraiser II as reflected in the organizational chart to the lower classification of Appraiser I and a change in the title of the present appraiser position to Appraiser III with no change in salary, the Council does hereby concur in and approve of such action. #52-83 RESOLVED, that having considered a communication from the Mayor dated January 10, 1983 to which is attached a Proposed Amendment to Section 2-707 of the Livonia Code of Ordinances with respect to the composition of the Retirement Plan Board of Trustees, the Council does hereby refer this item to the Committee of the Whole for further consideration. #53-83 RESOLVED, that having considered a communication from the Mayor dated January 4, 1983, wherein it is indicated that notice has been received that requires the appointment of two additional directors to the Economic Development Corporation who shall be representatives of neigh- borhood residents with respect to the Risko-Ziomek Funeral Home, Inc. EDC Project, who are as follows: Robert Stowers, President Edward Witherspoon, V. Pres. Fast Oil 'N' Lube Fast Oil 'N' Lube 9020 Wayne Road 9020 Wayne Road Livonia, Michigan 48150 Livonia, Michigan 48150 the Council does hereby approve of and concur in the aforesaid action, provided that the aforesaid persons take the Oath of Office as required in Section 3, Chapter X of the City Charter, to be administered by the office of the City Clerk. At the direction of the Chair, the communication from the Mayor dated January 7, 1983 with regard to the termination of the Jackson School Lease Agree- ment, was placed on the Agenda for consideration at the next Regular meeting of the Council to be conducted on February 9, 1983. #54-83 RESOLVED, that having considered a communication from the Director of Community Resources dated January 3, 1983, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the following donations for the Senior Citizen's Program from the following sources. 1. "Square Eights" square dancers 12124 Boston Post Road $ 200 2. Donation from J.S. or H. Moravek Lir11+906 Gary Lane 35 3. Thursday Square Dancers 21984 Wildwood 120 4. Square Dancers 30230 Oakview 300 Total 7755 20179 FURTHER, the Council does hereby increase the Miscellaneous Revenue Account #101.000.698.000.000 and the Expenditure Budget for #101-17+.931.010.000 in the amount of $655. #55-83 RESOLVED, that having considered a communication from the Depart- ment of Law, dated January 10, 1983, transmitting for Council acceptance two Grants of Easement, more particularly described as: Grant of Easement dated January 5, 1983, executed by Wayne G. Smith and Sally Smith, for: The South 27 feet of the North 60 feet of the following parcel of land: The East 66.0 feet of the W. 59+.0 feet of the North 660.0 feet of the W. 1/2 of the W. 1/2 of the N.W. 1/4 of Section 11, T. 1. S. , R. 9 E., City of Livonia, Wayne County, Michigan. (Part of Bureau of Taxation Parcel 11J3a) and Grant of Easement dated January 5, 1983, executed by Wayne G. Smith and Sally Smith, for: The South 27 feet of the North 60 feet; also the East 20 feet of the South 34+ feet of the North 94+ feet of the following parcel of land: The North 660.0 feet of the W. 1/2 of the W. 1/2 of the N.W. 1/4+ of Section 11 excepting the W. 59+.0 feet thereof T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan (Part of Bureau of Taxation Parcel 11J3b) 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. The communication from the Traffic Commission dated January 6, 1983, with respect to installation of 4-Way Stop sign at Osmus and Norfolk, was received and placed on file for the information of the Council. CR-830-82 At the direction of the Chair, the item on the Agenda with respect to a letter from the Traffic Commission, dated December 30, 1982, regarding a Request for "No Parking" Signs on Norman Street, was removed to the Study Meeting to be held January 31, 1983. 20180 #56-83 RESOLVED, that the Council does hereby request that the Departments indicated prepare the following information for the use of the Council in evaluating the proposed paving of Hartel, Camden and Haller Streets in Section 25: (1) Planning: A report providing a map of the subject streets showing all lots, lot sizes, lots developed, lots not developed, and portions of lots not developed but which may be developed through use of lot splits, zoning and uses of land within the proposed S.A.D. and immediately adjacent properties. (2) Assessor: A list of all properties within the S.A.D. and the assessed valuation and taxes on same. (3) Engineering: A report evaluating the feasibility of and desirability of turn-arounds and/or cross streets at the northern terminous of each of the streets within the S.A.D. #57-83 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 5.293+; MCLA 125.58+), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Wednesday, March 16, 1983 at 8:00 P.M. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 82-11-1-18, submitted by Arthur Pollack for Redman Apartments Company, for a change of zoning of property located on the east side of Middlebelt between Six Mile Road and Pickford Avenue in the Southwest 1/4 of Section 12, from RUF to P.S. , the City Planning Commission in its resolution 12-218-82 having recommended to the City Council that Petition 82-11-1-18 be denied; (2) Petition 82-10-1-16, as amended, submitted by Livonia Post 39+1 V.F.W. for a change of zoning of property located south of Seven Mile Road east of Middlebelt in the Northwest 1/4 of Section 12 from R9-11 to C-2, the City Planning Commission in its resolution 12-217-82 having recommended to the City Council that Petition 82-10-1-16 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, 20181 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 rail- road 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: Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #58-83 RESOLVED, that having considered the communication from the Mayor, dated November 24, 1982, to which is attached a letter dated November 16, 1982 from the Chairman of the Traffic Commission, wherein it is requested that $890 be transferred from the Auto Expense Account to the Accounts listed in the attached communication, the Council does hereby refer this item to the Finance Director for his report and recommendation. By Councilman Bishop, seconded by Councilman Bennett, it was #59-83 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated January 11, 1983 and submitted pursuant to Council Resolution 26-81 in connection with a communication from the City Planning Commission, dated December 8, 1980, which transmits its resolution 12-272-80 wherein it is recommended that an amendment to Section 9-105 of the Livonia Code of Ordinances (Plat Ordinance) be adopted for the purpose of amending the fee schedule prescribed therein, the Council does hereby refer this item to the Law Department for the preparation of an Ordinance amendment which revises Sec. 9-105 in accordance with the recommended changes of the Legislative Committee for submission to the Council. (Increase prescribed fees from $5.00 to $10.00 and from $3.00 to $5.00.) A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #60-83 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 11, 1983 and submitted pursuant to Council Resolution 41-81 in connection with a communication from the City Planning Commission, dated November 3, 1980, which sets forth its resolu- tion 10-24+8-80 adopted on October 21, 1980 with regard to Petition 80-9-6-10 submitted by the City Planning Commission, pursuant to Council Resolution 677-80, to amend Section 18.50 of Ordinance No. 54+3, by revising the regulations controlling the erection of signs within the City of 20182 Livonia, and the Council having conducted a public hearing with regard to this matter on December 15, 1980, pursuant to Council Resolution 1038-80, the Council does hereby concur in part in the recommendation of the Planning Commission and the said Petition 80-9-6-10 is hereby approved and granted in accordance with the recommended changes of the Legislative Committee, except that with respect to (d) of Sec. 18.50E the same shall be referred back to the City Planning Commission for a new Public Hearing and thereafter a new report and recommendation; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 51f3, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bishop and Bennett. NAYS: McCann. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Feenstra, it was #61-83 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 11, 1983 in connection with a proposal to establish a policy governing the City's purchase of goods, materials and/or supplies from U.S. suppliers or vendors, if available, the Council does hereby request that the Director of Finance include in all City forms of proposals and specifications the requirement that the bidder state the percentage of total American content (mined, assembled or manufactured); FURTHER, that the proposed resolution presented to the Legislative Committee for a proposed 10% credit to be awarded any bidder which provides proof that its goods are produced or manufactured in the U.S. , etc., be referred to the Department of Law for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Feenstra, it was #62-83 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated January 11, 1983 and submitted pursuant to Council Resolution 828-82 in connection with a communication from the President of Schoolcraft College dated November 11, 1982, wherein a request is submitted for the waiver of licensing fees with respect to amusement machines, the Council does hereby determine to take no further action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. 20183 Councilman Feenstra took from the table, for second reading and adoption, iftr the following Ordinance: AN ORDINANCE AMENDING SECTION 3 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 82-8-1-11 FOR CHANGE OF ZONING FROM R-3A TO C-2. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett took from the table, for second reading and adoption, the following Ordinance: 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 82-8-1-12 FOR CHANGE OF ZONING FROM R-1 TO P. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING TITLE 3, CHAPTER 6 (SWIMMING POOLS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY REPEALING ImorSECTION 3-614(d) THEREOF. By Councilman Bennett, seconded by Councilman Taylor, it was #63-83 RESOLVED, that having considered a communication from the Department of Law, dated December 10, 1982, which submits a propcsed 2018+ amendment to Section 3-614+ (d) of the Livonia Code of Ordinances with regard to the proximity of electrical wires to swimming pools and the proposed ordinance having received its second reading by Councilman Fernon P. Feenstra at the regular meeting of the Council conducted on January 26, 1983, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: 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 SECTION 2.10 OF ARTICLE II, SECTION 12.02 OF ARTICLE XII, SECTIONS 16.02 AND 16.11 OF ARTICLE XVI, SECTIONS 25.0+ AND 25.05 OF ARTICLE XXV, SECTIONS 26.0 . AND 26.05 OF ARTICLE XXVI AND ADDING SECTION 18.60 TO ARTICLE XVIII OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." PETITION 81-11-6-11 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: 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: AN ORDINANCE AMENDING SECTION 4-121 (f) OF TITLE 4+, CHAPTER 1 (GENERAL LICENSING PROCEDURE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Feenstra, Gundersen, Bennett and McCann. NAYS: Bishop. L The President declared the foregoing Ordinance duly adopted, and would become e:Zfective on publication. 20185 By Councilman Bennett, seconded by Councilman Feenstra, it was #64-83 WHEREAS, the City of Livonia has received a request from George M. Marston and Genevieve A. Marston, his wife, dated November 22, 1982, which submits an application proposing the establishment of a Commercial Redevelopment District; and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 0.2 acres lying in the N. E. 1/4 of Section 34 as more particularly described in the attachment to the application which is hereby incorporated by reference and hereinafter referred to as "Proposed City of Livonia Commercial Redevelopment District No. 1" (Rosedale Gardens Subdivision - Lots No. 228, 229 and 230). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows: 1. The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Commercial Redevelopment District No. 1. 2. This City Council sets Wednesday, March 16, 1983 at 8.00 P.M. as the date for the holding of a public hearing on the question of whether this City Council should establish the Commercial Redevelopment District described above. 3. This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Commercial Redevelopment District described above. A roll call vote was taken on the foregoing resolution with the following result. AYES: Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilman Bennett, it was #65-83 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service dated December 21, 1982, approved by the Director of Finance and the Director of Public Works and approved for submission by the Mayor, the Council does hereby reject all bids with respect to the purchase of Liquid Calcium Chloride for the reasons indicated in the aforesaid communication and does hereby request that the Public Service Division prepare new specifications and thereafter readvertise and take new bids with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: Taylor. The President declared the resolution adopted. 20186 By Councilman Feenstra, seconded by Councilman Taylor, it was RESOLVED, that having considered a communication from the Director of Finance dated December 29, 1982, approved for submission by the Mayor, to which is attached the Annual Membership Dues Notice for 1983 from the Southeast Michigan Council of Governments in the amount of $7,680, the Council does hereby request that the Mayor submit his report and recommendation with respect to this item in view of the creation of the Local Governmental Conference of Western Wayne. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra and Bennett. NAYS: Gundersen, Bishop and McCann. The President declared the resolution DENIED. By Councilman Bishop, seconded by Councilwoman Gundersen, it was kESOLVED, that having considered a communication from the Director of-Finance dated December 29, 1982, approved for submission by the Mayor, to which is attached the Annual Membership Dues Notice for 1983 from the Southeast Michigan Council of Governments in the amount of $7,680, the Council does hereby approve and authorize the payment of same. The following substitute resolution was offered by Councilman Bennett and supported by Councilman Bishop. #66-83 RESOLVED, that having considered a communication from the Director of Finance dated December 29, 1982, approved for submission by the Mayor, to which is attached the Annual Membership Dues Notice for 1983 from the Southeast Michigan Council of Governments in the amount of $7,680, the Council does hereby refer this item to the Committee of the Whole for the purpose of conducting a meeting with the Director of SEMCOG. A roll call vote was taken on the foregoing substitute resolution with the following re.st.lt. AYES: Taylor, Feenstra, Bishop, Bennett and McCann. NAYS: Gundersen. The President declared the substitute resolution adopted By Councilman Bennett, seconded by Councilman Feenstra, it was #67-83 RESOLVED, that having considered a communication from the Depart- ment of Law dated January 4, 1983, approved by the Finance Director and approved for submission by the Mayor, with regard to the employment of Brandon M. Rogers, P.C.P., as an expert planning witness in the case of Amoco v City of Livonia, et al, the Council does hereby refer the subject of this lawsuit to the Committee of the Whole for further consideration. 20187 A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilnwn Taylor, seconded by Councilman Feenstra, it was #68-83 RESOLVED, that having considered the report and recommendation of the Personnel Director dated January 14, 1983, approved by the Finance Director and approved for submission by the Mayor, and which submits a resolution adopted by the Civil Service Commission on January 13, 1983 wherein it is recommended that the full-time positions of Program Supervisor, Recreation Supervisor and Clerk I be budgeted as regular City positions with the same benefits as those accorded to permanent employees and that these positions be filled on a permanent basis, the Council doe;: hereby concur in and approve of such action so long as Federal Grants and/or other funding is provided for these positions; FURTHER, the Council does hereby accept a Federal Criminal Justice Grant in the amount of $95,697 in order to continue the Livonia Youth Assistance Program and to establish a county wide training center for interested communities. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Bishop, Bennett and McCann. NAYS: Gundersen. The President declared the resolution adopted. By Councilman Feenstra, seconded by Councilman Bishop, it was WHEREAS, pursuant to Act No. 198 of the Public Acts of 1974, ac amended, this Council has the authority to establish industrial develop- ment districts within the boundaries of the City of Livonia; and WHEREAS, a proposal was made regarding the establishment of an industrial development district located within the boundaries of. the City of Livonia legally described as follows: The Southerly 200 ft. of the building situated on lots 16 and 17 and the easterly 20 ft. of lot 15, Schoolcraft Acres Subdivision, which area is hereinafter referred to as "City of Livonia Industrial Development District No. 10"; and WHEREAS written notice has been given by certified mail to Gel, Inc. of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed "City of Livonia Industrial Development District No. 10"; and 20188 WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establish- ment of the proposed City of Livonia Industrial Development District No. 10; and WHEREAS, on January 10, 1983 a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No. 10, at which time GEL, Inc. and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of GEL, Inc. attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS: 1. An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto. 2. Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No. 10". EXHIBIT A The Southerly 200 ft. of the building situated on lots 16 and 17 and the easterly 20 ft. of lot 15, Schoolcraft Acres Subdivision. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra and Bishop. NAYS: Taylor, Gundersen, Bennett and McCann. The President declared the resolution DENIED. By Councilman Bennett, seconded by Councilman Taylor, it was #69-83 RESOLVED, that having considered a communication from Donald M. Lansky, attorney for GEL, Inc. , dated November 4, 1982, which submits an application proposing the establishment of an industrial development district on certain property located in the Schoolcraft Acres Subdivi- sion in the City of Livonia, Michigan, and in accordance with the provisions set forth in 1974 PA 198, as amended, the Council does hereby determine to deny this request since it is the determination of the Council that the establishment of an Industrial Development District with respect to this property at this time would not be in the best interests of the citizens of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result. 20189 AYES: Taylor, Gundersen, Bennett and McCann. NAYS: Feenstra and Bishop. the President declared the foregoing resolution adopted. By Councilman Taylor, seconded by Councilman Bishop, it was #70-83 RESOLVED, that having considered a communication from the City Planning Commission, dated January 4, 1983, which transmits its resolution 12-220-82 adopted on December 14, 1982 with regard to Petition 82-11-2-37, submitted by Lindhout Associates, requesting waiver use approval to erect an addition to St. Colette Church located on the east side of Newburgh Road, north of Vargo Avenue in the Southwest 1/4 of Section 8, which. property is zoned R-4B, the Council does hereby concur in the recommenda- tion made by the City Planning Commission and Petition 82-11-2-37 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: Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication from the City Planning Commission, dated November 30, 1982, which sets forth its resolx- tion 11-205-82, adopted on November 16, 1982 with regard to Petition 82-10-2-33 submitted by Major Magic's All Star Pizza Revue, Inc. , requesting waiver use approval to utilize a Class "C" liquor license within a restaurant proposed to be located within an existing building located on the northeast corner of Plymouth and Middlebelt Roads in the Southwest 1/4 of Section 25, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on January 10, 1983, pursuant to Council Resolution 849-82, 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: Taylor, Feenstra and Bishop. NAYS: Gundersen, Bennett and McCann. The President declared the resolution DENIED. By Councilman Bennett, seconded by Councilwoman Gundersen, it was #71-83 RESOLVED, that having considered a communication from the City Planning Commission, dated November 30, 1982, which sets forth its resolution 11-205-82, adopted on November 16, 1982, with regard to Petition 82-10-2-33 submitted by Major Magic's All Star Pizza Revue, Inc , requesting waiver use approval to utilize a Class "C" liquor license 20190 within a restaurant proposed to be located within an existing building located on the northeast corner of Plymouth and Middlebelt Roads in the Southwest 1/4+ of Section 25, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on January 10, 1983, pursuant to Council Resolution 849-82, the Council does hereby concur in the recommendation of the City Planning Commission and the said Petition 82-10-2-33 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, Bennett and McCann. NAYS: Taylor and Feenstra. The President declared the resolution ADOPTED. By Councilman Feenstra, seconded by Councilman Taylor, it was RESOLVED, that having considered a communication from the City Planning Commission, dated November 30, 1982, which sets forth its resolu- tion 11-204+-82, adopted on November 16, 1982, with regard to Petition 82-9-2-30 requesting waiver use approval to locate a restaurant within an existing building located on the Northeast corner of Plymouth and Middlebelt Roads in the Southwest 1/4 of Section 25, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on January 10, 1983, pursuant to Council Resolution 84+8-82, 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: Taylor and Feenstra. NAYS: Gundersen, Bishop, Bennett and McCann. The Pies dent declared the resolution DENIED. By Councilwoman Gundersen, seconded by Councilman Bennett, it was #72-83 RESOLVED, that having considered a communication from the City Planning Commission, dated November 30, 1982, which sets forth its resolu- tion 11-204-82, adopted on November 16, 1982, with regard to Petition 82-9-2-30 requesting waiver use approval to locate a restaurant within an existing building located on the Northeast corner of Plymouth and Middlebelt Roads in the Southwest 1/4+ of Section 25, which property is zoned C-2, and the Council having conducted a public hearing with regard -Lo this matter on January 10, 1983, pursuant to Council Resolution 848-82, the Council does hereby concur in the recommendation of the City Planning Commission and the said Petition 82-9-2-30 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission. Argyll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, Bennett and McCann. NAYS: Taylor and Feenstra. The President declared the resolution adopted. 20191 By Councilman Feenstra, seconded by Councilwoman Gundersen, and uL:a-;imously adopted, it was #73-83 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #574-82 so as to permit consideration of several items that do not appear on the agenda. By Councilman Taylor, seconded by Councilman Feenstra, it was #74-83 RESOLVED, that having considered a communication from the Chief of Police, dated January 24, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby amend and revise Council Resolution 863-82, adopted on December 15, 1982 to provide that the purchase authorized therein is for Dodge Diplomats in lieu of Plymouth Grand Furys, and that said purchase is to be handled through Sterling Heights Dodge, Inc. , 40111 Van Dyke, Sterling Heights, Michigan 48078 in lieu of Snethkamp Chrysler-Plymouth, Inc. ; FURTHER, that in all other respects Council Resolution 863-82 shall remain in full force and effect. roll call vote was taken on the foregoing resolution with the following result. AYES: Taylor, Feenstra, Gundersen, Bishop, Bennett and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, this 998th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:25 P. M., January 26, 1983. ROB RT F. NASH, CITY CLERK