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HomeMy WebLinkAboutCOUNCIL MINUTES 1982-06-16 19907 MINUTES OF THE NINE HUNDRED AND EIGHTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 16, 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 8:02 P.M. Councilwoman Gundersen 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, Robert Brzezinski, Assistant City Attorney, Ronald Mardiros, City Assessor; Michael Reiser, Emergency Preparedness, Jack Dodge, Finance Director, Ronald Reinke, Superintendent Parks & Recreation, Imp G. E. Siewert, City Engineer, Frank Kerby, Chief Building Inspector, Russell A. Gronevelt, Superintendent of Public Service, John J. Nagy, City Planner, James L. Miller, Personnel Director; Stanley Bien, Chief Librarian, Captain William E. Crayk, Police Department, Sue Daniel, Historical Commission, and William LaPine, Zoning Board of Appeals By Councilman Taylor, seconded by Councilman Ventura, and * unanimously adopted, it was 4440-82, RESOLVED, that the minutes of the 983rd Regular Meeting of the Council of the City of Livonia, held June 2, 1982, are hereby approved. The communication from the Mayor dated May 25, 1982, transmitting a report from Diane Kimber of the Community Resources Department on the status of the 1982 community gardens project, 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: 19908 #441-82 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated May 13, 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 GREGWARE EQUIPMENT COMPANY, P.O. BOX L, GRAND RAPIDS, MICHIGAN 49501, FOR SUPPf,YING THE PUBLIC SERVICE DIVISION (Road Maintenance Section) WITH TWO (2) TRAILER- MOUNTED LEAF LOADERS FOR A NET PRICE OF $22,690.00 ($26,890.00 LESS TRADE-INS of $4,200.00), the same having been in fact the lowest bid received which meets specifications; FURTHER, THE COUNCIL DOES HEREBY APPROPRIATE AND AUTHORIZE THE EXPENDITURE OF THE SUM OF $22,690 00 FROM THE REFUSE FUND UNEXPENDED BALANCE ACCOUNT FOR THIS PURPOSE. #442-82 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated May 13, 1982, approved by the Director of Finance and the Director of Public Works and approved for submission by the Mayor, THE COUNCIL DOES HEREBY ACCEPT THE BID OF CARHARTT, INC., P.O. BOX 600, DEARBORN, MICHIGAN 48121, FOR SUPPLYING EMPLOYEES OF THE DEPARTMENT OF PUBLIC WORKS WITH OUTER WEAR FOUL WEATHER GARMENTS AT THE UNIT PRICES BID AND FOR A TOTAL ESTIMATED PRICE OF $4,831 25, the same having been in fact the lowest bid re- ceived which meets specifications #443-82 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated May 14, 1982, approved by the Director of Public Works and the Director of Finance and approved for submission by the Mayor, THE COUNCIL DOES HEREBY ACCEPT THE BID OF EASTERN UNIFORM COMPANY, INC. , 33 EVERETT STREET, ALLSTON, MASSCHU- SETTS 02134, FOR SUPPLYING THE PUBLIC SERVICE DIVISION (Park, Golf Course and Forestry Sections) WITH DENIM UNIFORMS AT THE UNIT PRICES BID AND FOR THE TOTAL ESTIMATED PRICE OF $3,853.10, the same having been in fact the lowest bid received which meets specifications #444-82 RESOLVED, that having considered the report and recommendation of the Chief Librarian, dated May 24, 1982, which bears the signature of the Finance Director and is approved for submission by the Mayor and which transmits a resolution adopted by the Library Commission on May 17, 1982, No 13-82, THE COUNCIL DOES HEREBY ACCEPT THE BID OF FREEMAN PLASTICS, 1592 ATLANTIC AVENUE, BROOKLYN, N.Y., FOR SUPPLYING THE LIVONIA PUBLIC LIBRARY WITH PLASTIC I.D. CARDS FOR A TOTAL PRICE IN THE AMOUNT OF $1,572 25, the same having been in fact the lowest bid received which meets specifications. #445-82 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated May 17, 1982, which bears the signature of the Director of Finance and is approved for submission by the Mayor, THE COUNCIL DOES HEREBY ACCEPT THE BID OF UNITED DRAPERY MILLS, 33171 PLYMOUTH ROAD, LIVONIA, MICHIGAN 48150, FOR REPLACEMENT OF DRAPERIES AT STATIONS 1, 3 and 4 FOR A TOTAL PRICE IN THE AMOUNT OF $4,645.00, the same having been in fact the lowest bid received which meets specifica- tions, FURTHER, THE COUNCIL DOES HEREBY APPROPRIATE AND AUTHORIZE THE EXPENDITURE OF THE SUM OF $4,645 00 FROM THE 1968 FIRE DEPARTMENT BOND ISSUE FOR THIS PURPOSE. 19909 #446-82 RESOLVED, that having considered a letter from Patricia J Mack, 9921 Ingram, Livonia, Michigan 48150, dated May 25, 1982 requesting permission to close Ingram between Orangelawn and Elmira on Saturday, July 17, 1982 from 1 00 P.M. to 10.00 P M. for the purpose of conducting a block party, THE COUNCIL DOES HEREBY DETERMINE TO GRANT PERMISSION AS REQUESTED, INCLUDING THEREIN PERMISSION TO CONDUCT THE SAID AFFAIR ON EITHER SUNDAY, JULY 18, 1982 OR SATURDAY, JULY 24, 1982 IN THE EVENT OF INCLEMENT WEATHER, the action taken herein being made subject to approval of the Police Department #447-82 RESOLVED, that having considered a letter from Gary K Johnson, 9815 Blackburn, Livonia, Michigan 48150, dated May 25, 1982, requesting permission to close Blackburn Avenue between West Chicago and Orangelawn on July 17, 1982 from 2:00 P.M. to 12:00 midnight for the purpose of conducting a block party, THE COUNCIL DOES HEREBY DETERMINE TO GRANT PERMISSION AS REQUESTED, the action taken herein being made subject to approval of the Police Department. #448-82 RESOLVED, that having considered a letter from Mrs. Diane Brown, 31784 Penn Avenue, Livonia, Michigan, dated May 20, 1982, requesting permission to close Penn from Texas to Alabama on June 27, 1982 from 11 00 A.M. until dark (10.00 P.M. ) for the purpose of conducting a block party, THE COUNCIL DOES HEREBY DETERMINE TO GRANT PERMISSION AS REQUESTED, the action taken herein being made subject to the approval of the Police Department. #449-82 RESOLVED, that having considered a communication from the Assistant Chief Accountant dated May 14, 1982, approved by the Director of Finance and approved for submission by the Mayor, to which is attached the proposed amendatory agreement between the City of Livonia and Northwest Transport Company for increased funding with the taxicab company, THE COUNCIL DOES HEREBY AUTHORIZE THE MAYOR AND CITY CLERK, FOR AND ON BEHALF OF THE CITY OF LIVONIA, TO EXECUTE THE SAID AMENDATORY AGREEMENT IN THE MANNER AND FORM HEREIN SUBMITTED. #450-82 RESOLVED, that having considered a communication from the Director of Finance, dated June 1, 1982, approved for submission by the Mayor and to which is attached an annual membership fee notice from the Michigan Municipal League, for the period July 1, 1982 through June 30, 1983, in the amount of $7,409 00, THE COUNCIL DOES HEREBY AUTHORIZE THE PAYMENT OF SAME FROM FUNDS BUDGETED FOR THIS PURPOSE. #451-82 RESOLVED, that having considered a communication from the Director of Finance, dated June 1, 1982, and approved for submission by the Mayor, to which is attached a request from the Southeastern Michigan Transportation Authority (SEMTA) requesting a reduction in the City's commission on SEMTA fare spies from 5% to 4%, THE COUNCIL DOES HEREBY AUTHORIZE THE MAYOR AND CITY CLERK, FOR AND ON BEHALF OF THE CITY OF LIVONIA, TO ACKNOWLEDGE AND APPROVE THE SAID REDUCTION IN THE MANNER AND FORM HEREIN SUBMITTED, AS WELL AS TO DO ALL THINGS NECESSARY OR INCIDENTAL TO THE FULL PERFORMANCE OF THIS RESOLUTION. 19910 4452-82 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated May 11, 1982, approved by the Finance Director and approved for submission by the Mayor and which transmits a resolution adopted by the Parks and Recreation Commis- sion on March 8, 1982, #1642-82, wherein it is recommended that a maintenance charge of $50 00 per game be established for any team that cannot secure their own home field and has to use Ford Field as a home field site in the Livonia Adray League or uses any other field in Livonia as their home field, THE COUNCIL DOES HEREBY CONCUR IN AND APPROVE OF SUCH ACTION #453-82 RESOLVED, that having considered a communication from the City Treasurer, dated May 27, 1982, with regard to the proposed can- cellation of certain 1974 personal property taxes, THE COUNCIL DOES HEREBY AUTHORIZE THE CITY TREASURER TO PETITION THE CIRCUIT COURT FOR THE COUNTY OF WAYNE TO CANCEL THE ATTACHED 1974 PERSONAL PROPERTY TAXES IN ACCORDANCE WITH PROVISIONS OF STATE STATUTE; and the Department of Law is hereby requested to institute the aforesaid litigation in the manner and form herein authorized #454-82 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated May 27, 1982, which bears the signature of the Finance Director and is approved for submission by the Mayor, THE COUNCIL DOES HEREBY REJECT ALL BIDS RECEIVED WITH RESPECT TO ELECTRICAL, MECHANICAL AND PLUMBING FOR THE PARSONAGE AND SHAW HOUSE IN THE HISTORICAL VILLAGE AT GREENMEAD AND DOES HEREBY AUTHORIZE THE CITY CLERK TO RETURN THE BID BONDS WHICH WERE SUBMITTED; FURTHER, THE COUNCIL DOES HEREBY AUTHORIZE THE ENGINEERING DIVISION TO TAKE NEW BIDS FOR THE AFORESAID WORK ON AN INDIVIDUAL AND SEPARATE BASIS, I.E , ELECTRICAL, MECHANICAL AND PLUMBING BIDS. #455-82 RESOLVED, that having considered a communication from the Mayor, dated June 7, 1982, where it is recommended that the City make a contribution of $10,323 50 ( 10 per capita) from the Community Development Block Grant funding to First Step, THE COUNCIL DOES HEREBY DETERMINE TO CONCUR IN AND APPROVE OF THIS RECOMMENDATION AND TO INDICATE THAT AT SUCH TIME AS THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BECOME AVAILABLE THAT IT WILL APPROPRIATE THESE MONIES FOR THIS PURPOSE. #456-82 RESOLVED, that having considered a communication from Mr. Patrick J Niedbala, 28996 Hathaway, Livonia, Michigan, dated May 19, 1982, with regard to damage incurred at his home as a result of a broken water main on February 13, 1982, THE COUNCIL DOES HEREBY REFER THIS ITEM TO THE FINANCE AND INSURANCE COMMITTEE AND THE PUBLIC UTILITY MANAGER FOR THEIR RESPECTIVE REPORTS AND RECOMMENDATIONS,FURTHER, THE COUNCIL DOES HEREBY REQUEST THAT THE WATER DEPARTMENT REPLACE LAND- SCAPING IN THE BOULEVARD AREA WHICH WAS DAMAGED AS A RESULT OF THIS INCIDENT. 4+57-82 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated May 18, 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 19911 and the attached estimate dated May 18, 1982, THE COUNCIL DOES HEREBY AUTHORIZE FINAL PAYMENT IN THE AMOUNT OF $1,175 50 TO WESTLAND TREE SERVICE, 41307 FIVE MILE ROAD, PLYMOUTH, MICHIGAN 48170, WHICH SUM IN- CLUDES THE FULL AND COMPLETE BALANCE DUE ON A CONTRACT DATED JUNE 27, 1982 IN THE AMOUNT OF $6,575.00, THE ACTUAL CONTRACT AMOUNT COMPLETED TO DATE BEING $6,410.00 IN CONNECTION WITH THE 1982 TREE AND STUMP REMOVAL PROGRAM, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications and that the necessary Contractor's Affidavit, Maintenance and Guarantee Bond have been filed. #458-82 RESOLVED, that having considered a communication from the CETA Program Administrator, dated May 14, 1982, approved by the Finance Director and approved for submission by the Mayor, to which is attached Grant Modification 4002 to the City of Livonia Ceta Fiscal Year 1982 Annual Plan, Subpart G, Title IV, Summer Youth Employment Program, THE COUNCIL DOES HEREBY AUTHORIZE AND APPROVE THE SAID GRANT MODIFICATION IN THE MANNER AND FORM INDICATED IN THE AFORESAID COMMUNICATION• and the Mayor and City Clerk are hereby requested to execute the same for and on behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full performance of this resolution. 4+59-82 RESOLVED, that having considered a communication from the City Planning Commission, dated May 28, 1982, which transmits its resolution 5-98-82, adopted on May 25, 1982, with regard to Petition 82-5-3-2 submitted by George Lerner requesting the vacating of the North Branch of the Bell Creek Drain crossing Lots 1 and 2 of Bretton Gardens Sub- division located on the Southwest corner of Bretton Road and Melvin in the Southeast 1/4 of Section 2, THE COUNCIL DOES HEREBY CONCUR IN THE RECOMMENDATION OF THE CITY PLANNING COMMISSION AND DOES GRANT AND APPROVE THE SAID PETITION 82-5-3-2, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. #460-82 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 20, 1982, approved by the Director of Public Works and approved for submission by the Mayor, THE COUNCIL DOES HEREBY DETERMINE TO AMEND ITEM 48 OF COUNCIL RESOLUTION 728-78, ADOPTED ON AUGUST 16, 1978 AND SUBSEQUENTLY AMENDED BY COUNCIL RESOLUTIONS 1027-78, 95-79,424-79, 1041-80 and 284-82 SO AS TO REDUCE THE FINANCIAL ASSURANCES NOW ON DEPOSIT WITH THE CITY FOR THE DEVELOPMENT OF GREENBELT EASEMENTS TO $45,000.00 OF WHICH $5,000.00 IS TO BE IN CASH AND THE FINANCIAL ASSURANCES NOW ON DEPOSIT WITH THE CITY, IF ANY, SHALL BE REDUCED ACCORDINGLY; FURTHER, THE COUNCIL DOES HEREBY AUTHORIZE THE RELEASE TO REPUBLIC DEVELOPMENT CORPORATION, 31275 NORTHWESTERN HIGHWAY, FARMINGTON HILLS, MICHIGAN 48018, THE PROPRIETOR OF THE QUAKERTOWN SUBDIVISION 41, OF THE FINANCIAL ASSURANCES PREVIOUSLY DEPOSITED WITH RESPECT TO GRADING AND SOIL EROSION CONTROL IN THE AMOUNT OF $15,000.00, the action herein being taken for the reasons indicated in the afore- mentioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regula- tions and ordinances of the City of Livonia, and all other financial assurances now on deposit with the City, if any, with respect to re- maining improvements in said subdivision shall remain the same and unchanged. 19912 #461-82 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 20, 1982, approved by the Director of Public Works and approved for submission by the Mayor, THE COUNCIL DOES HEREBY DETERMINE TO AMEND ITEM 48 OF COUNCIL RESOLUTION 101-79, ADOPTED ON FEBRUARY 7, 1979, AND SUBSEQUENTLY AMENDED BY COUNCIL RESOLUTIONS 1099-79, 27-80 and 473-81 SO AS TO REDUCE THE FINANCIAL ASSURANCES NOW ON DEPOSIT WITH THE CITY FOR GENERAL IMPROVEMENTS AND SIDEWALK IMPROVEMENTS IN THE HIDDEN PINES SUBDIVISION IN THE NORTHEAST 1/4 OF SECTION 10, AS FOLLOWS. General Improvement Bond - $48,000 of which $5,000 is to be in cash. Sidewalk Improvement Bond -$31,000 of which $3,000 is to be in cash AND THE FINANCIAL ASSURANCES NOW ON DEPOSIT WITH THE CITY, IF ANY, SHALL BE REDUCED ACCORDINGLY, FURTHER, ALL OTHER FINANCIAL ASSURANCES NOW ON DEPOSIT WITH THE CITY WITH RESPECT TO REMAINING IMPROVEMENTS IN SAID SUBDIVISION SHALL REMAIN THE SAME AND UNCHANGED. 4462-82 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 20, 1982, approved by the Director of Public Works and approved for submission by the Mayor, THE COUNCIL DOES HEREBY DETERMINE TO AMEND ITEM #8 OF COUNCIL RESOLUTION 1049-78, ADOPTED ON NOVEMBER 29, 1978, AND SUBSEQUENTLY AMENDED BY COUNCIL RESOLUTIONS 865-79 AND 381-80 SO AS TO REDUCE THE FINANCIAL ASSURANCES NOW ON DEPOSIT WITH THE CITY FOR GENERAL IMPROVEMENTS AND SIDEWALK IMPROVEMENTS IN WELLINGTON WOODS SUBDIVISION LOCATED IN THE NORTHEAST 1/4 OF SECTION 33, AS FOLLOWS: General Improvement Bond - $39,000 of which $5,000 is to be in cash Sidewalk Improvement Bond - $13,500 of which $3,000 is to be in cash. AND THE FINANCIAL ASSURANCES NOW ON DEPOSIT WITH THE CITY, IF ANY, SHALL BE REDUCED ACCORDINGLY• FURTHER, THE COUNCIL DOES HEREBY AUTHORIZE THE RELEASE TO WILDWOOD DEVELOPMENT COMPANY, 32900 FIVE MILE ROAD, LIVONIA, MICHIGAN 48154, THE PROPRIETOR OF THE WELLINGTON WOODS SUB- DIVISION, OF THE FINANCIAL ASSURANCES PREVIOUSLY DEPOSITED WITH RESPECT TO GRADE AND SOIL EROSION CONTROL IN THE AMOUNT OF $5,000, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia, and all other financial assurances now on deposit with the City, if any, shall remain the same and unchanged A roll call vote was taken on the foregoing resolutions with the following result AYES Gundersen, Bishop, Ventura, Taylor, Feenstra and McCann NAYS: None. By Councilman Feenstra, seconded by Councilman Ventura, and unanimously adopted, it was 19913 #463-82 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 1, 1982, and submitted pursuant to Council Resolution 280-82, in connection with a communication from the Mayor, dated October 1, 1979, to which is attached a letter from the Craig M. Dix American Heritage, V.F W. Post 47727, P.0 Box 2573, Livonia, Michigan, to which is attached a check in the amount of $225.00 donated to the City of Livonia for the purpose of establishing a suitable memorial to Craig Dix who was reported missing in action in the Vietnam War, THE COUNCIL DOES HEREBY REQUEST THAT THE CITY PLANNING DEPARTMENT SUBMIT ITS REPORT AND RECOMMENDATION WITH REGARD TO THE DESIGN OF AN APPROPRIATE PLAQUE SIMILAR TO THOSE IN PLACE FOR OTHER VETERANS' POSTS; ALSO, THAT THE PLANNING DEPARTMENT SUBMIT A REPORT REGARDING THE COSTS AND TIME INVOLVED WITH RESPECT TO THE DESIGN AND PREPARATION OF SUCH A PLAQUE. By Councilman Feenstra, seconded by Councilman Ventura, and unanimously adopted, it was #464-82 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 1, 1982, and submitted pursuant to Council Resolution 1043-76, in connection with a communication from William N. Ponder, dated November 16, 1976, wherein he suggests the City designate certain of its facilities in honor of such past city residents as Mr. Jesse Ziegler and W. Harry S Wolfe in view and in honor of their contributions to the City, THE COUNCIL DOES HEREBY REQUEST THAT THE PARKS AND RECREATION COMMISSION SUBMIT ITS REPORT AND RECOMMENDATION WITH REGARD TO NAMING A CITY PARK IN HONOR OF HARRY S. WOLFE. By Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #465-82 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 1, 1982, and submitted pursuant to Council Resolution 602-79, in connection with communications from the Historical Preservation Commission, dated June 8, 1981 and May 17, 1979, with regard to the Livonia Center Cemetery proposed fence and gate renovation project, THE COUNCIL DOES REQUEST THAT THE PLANNING DEPARTMENT SUBMIT A REPORT AND RECOMMENDATION WITH REGARD TO INCLUDING THIS PROJECT AS A PROPOSED $12,000 to $15,000 LINE ITEM USING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. By CoiiHcilmnn.,F'edustra, seconded by Councilman Taylor, and unanimously adopted, it was #466-82 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 1, 1982, and submitted pursuant to Council Resolution 163-79, in connection with a communication from the Mayor, dated January 31, 1979, to which is attached a proposal by the Chief Librarian for a central resource library which includes municipal business and finance collections to be located on the 5th floor 1991+ of the new City administrative offices building, THE COUNCIL DOES HEREBY DETERMINE TO TAKE NO FURTHER ACTION WITH RESPECT TO THIS ITEM. * Councilman Bennett arrived at 8:06 P.M By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was 4+67-82 RESOLVED, that the Council does hereby request that the Legislative Committee submit its report and recommendation with respect to the respective duties and responsibilities of the Historic Preservation Commission and the Historical Commission. By Councilwoman Gundersen, seconded by Councilman Bishop, it was 4+68-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 2, 1982, and submitted pur- suant to the Council Resolution 350-82 in connection with a communication from the City Planning Commission, dated April 5, 1982, which transmits its resolution 3-4+9-82 adopted on March 30, 1982 with regard to Petition 82-2-2-2, submitted by Seymour H Mandell, requesting waiver use approval to construct a florist shop with outdoor sales of plant material on property zoned C-2 located on the south side of Plymouth Road, east of Wayne Road in the Northwest 1/4 of Section 33, THE COUNCIL DOES HEREBY REJECT THE RECOMMENDATION OF THE PLANNING COMMISSION AND PETITION 82-2-2-2 IS HEREBY DENIED, the Council having determined as a matter of fact that the Petitioner has failed to affirmatively demon- strate that the proposed waiver use complies with the general standards and requirements set forth in Section 19.06 of the Zoning Ordinance, and for the following reasons: 1. The site would be overburdened by the proposed use 2. The proposed use is not in harmony or compatible to the surrounding and established use of the area. 3. The proposed use would adversely affect the traffic and pedestrian patterns of the area as indicated in the report received from the Traffic Bureau of the Police Department dated March 22, 1982 A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra and McCann NAYS: None The President declared the resolution adopted Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: 19915 AN ORDINANCE AMENDING SECTION 22 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 81-10-1-23 for CHANGE OF ZONING FROM C-1 to C-2. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Gundersen, Bishop, Ventura, Taylor, Feenstra and McCann NAYS: Bennett The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Prior to Councilman Taylor giving second reading to a proposed amendment to the Livonia Code of Ordinances (Water), Councilman Ventura requested that the words "commercial and industrial" be inserted with respect to the waiver provision and the Council unanimously concurred. Thereafter, Councilman Taylor took from the table, for second reading and adoption, the following revised Ordinance: AN ORDINANCE AMENDING CHAPTER 4 (WATER) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING PARAGRAPH (k) TO SECTION 5-413 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result: AYES• Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra 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 SECTIONS 5-109, 5-110 and 5-115 OF CHAPTER 1 (STREETS AND SIDEWALKS) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result • 19916 AYES Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra and McCann. NAYS• None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilwoman Gundersen, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from the Personnel Director, dated May 28, 1982, approved by the Finance Director and approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on May 27, 1982 wherein it is recommended that the salary rate for Personnel Director be adjusted from a maximum annual rate of $35,630 40 to $39,630.40, retroactive to and commencing from February 1, 1982, THE COUNCIL DOES HEREBY REJECT AND DENY THE AFORESAID ACTION. Then Councilman Ventura offered a substitute resolution, Resolution A, which was supported by Councilman Bishop, 41+69-82 RESOLVED, that having considered a communication from the Personnel Director, dated May 28, 1982, approved by the Finance Director and approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on May 27, 1982 wherein it is recommended that the salary rate for Personnel Director be adjusted from a maximum annual rate of $35,630 40 to $39,630 40, retroactive to and commencing from February 1, 1982, THE COUNCIL DOES HEREBY REFER THIS ITEM TO THE FINANCE AND INSURANCE COMMITTEE FOR ITS REPORT AND RECOMMENDATION. A roll call vote was taken on the foregoing resolution with the following result• AYES• Bishop, Ventura, Taylor, Feenstra and McCann. NAYS• Gundersen and Bennett The President declared the resolution adopted By Councilman Ventura, seconded by Councilman Feenstra, it was 4470-82 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated May 17, 1982, which bears the signature of the Finance Director and is approved for submission by the Mayor, with respect to the purchase of testing equipment for maintenance of the Computer-Aided Dispatch System, THE COUNCIL DOES HEREBY REJECT THE RECOMMENDATION OF THE CHIEF OF POLICE AND DOES HEREBY REQUEST THAT THE POLICE DEPARTMENT OBTAIN COMPETITIVE BIDS WITH RESPECT TO THIS EQUIPMENT FOR SUBMISSION TO THE COUNCIL. A roll call vote was taken on the foregoing resolution with the following result• 19917 AYES Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra and McCann. NAYS• None. The President declared the resolution adopted By Councilman Bennett, seconded by Councilwoman Gundersen, and unanimously adopted, it was #471-82 RESOLVED, THAT THE COUNCIL DOES HEREBY REQUEST THAT THE DIRECTOR OF FINANCE PREPARE AND SUBMIT TO THE COUNCIL A FULL AND COMPLETE REPORT WHICH DETAILS IN SUMMARY FORM ALL COSTS INCURRED BY THE CITY OF LIVONIA IN CONNECTION WITH THE INSTALLATION OF THE COMPUTER SYSTEM OF THE POLICE DEPARTMENT. By Councilman Taylor, seconded by Councilman Feenstra, it was 4+72-82 RESOLVED, that having considered a communication from the Director of Finance, dated May 19, 1982, and approved for submission by the Mayor with regard to funds required for care of prisoners who have been sentenced under Livonia ordinances and thereafter incar- cerated to DeHoco or Wayne County Jail, THE COUNCIL DOES HEREBY APPROPRIATE AND AUTHORIZE THE EXPENDITURE OF THE SUM OF $129,000 FROM THE UNEXPENDED FUND BALANCE ACCOUNT TO BE EXPENDED FOR THIS PURPOSE, FURTHER, THE COUNCIL DOES HEREBY INCREASE THE BUDGETED INTEREST REVENUE ACCOUNT BY A LIKE AMOUNT AND TO THEREAFTER AUTHORIZE THE TRANSFER OF THE SUM OF $129,000 FROM THE AFORESAID ACCOUNT TO THE UNEXPENDED FUND BALANCE ACCOUNT A roll call vote was taken on the foregoing resolution with the following result: AYES• Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra and McCann NAYS: None By Councilman Taylor, seconded by Councilman Feenstra, it was #473-82 RESOLVED, that having considered a communication, dated June 1, 1982, from the Michigan Liquor Control Commission with regard to an application from Golden Rack Billiards, Inc. for a new full year tavern license to be located at 33509 West Eight Mile Road, Livonia, Michigan, THE COUNCIL DOES HEREBY DETERMINE TO TAKE THIS MEANS TO ADVISE THE LIQUOR CONTROL COMMISSION THAT THE CITY COUNCIL DENIES THE SAID REQUEST AND WOULD NOT RECOMMEND THAT THE SAID APPLICATION BE APPROVED BY THE MICHIGAN LIQUOR CONTROL COMMISSION; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES Gundersen, Bishop, Bennett, Taylor, Feenstra and McCann. NAYS: Ventura 19918 The President declared the resolution adopted By Councilman Feenstra, seconded by Councilman Taylor, it was #474-82 RESOLVED, that having considered a communication from the City Planning Commission, dated May 24, 1982, which transmits its resolution 5-83-82 adopted on May 18, 1982 with regard to Petition 82-4-2-10 submitted by Tony Piccirilli and John Morano requesting waiver use approval to operate an auto repair and body shop within an e existing building located on the east side of Merriman Road between Schoolcraft and Plymouth in Section 26, which property is zoned M-1, THE COUNCIL DOES HEREBY CONCUR IN THE RECOMMENDATION MADE BY THE CITY PLANNING COMMISSION AND PETITION 82-4-2-10 IS HEREBY APPROVED AND GRANTED, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission A roll call vote was taken on the foregoing resolution with the following result: AYES• Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra and McCann NAYS: None By Councilman Bennett, seconded by Councilman Ventura, it was 4475-82 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 1982, which transmits its resolution 4-60-82 adopted on April 13, 1982, with regard to Petition 82-3-1-5 submitted by Carol D and Jackie Lee Gatewood for a change of zoning on property located on the west side of Farmington Road between Clarita and Pickford in the Northeast 1/4 of Section 9 from R-3 to P S. , and the Council having conducted a public hearing with regard to this matter on June 7, 1982, THE COUNCIL DOES HEREBY REJECT THE RECOMMENDA- TION OF THE PLANNING COMMISSION AND THE SAID PETITION 82-3-1-5 IS HEREBY DENIED FOR THE FOLLOWING REASONS• 1. The proposed change of zoning would provide for uses that are not compatible to the adjoining and established residential use of the area 2 The proposed change of zoning is not a logical extension of office zoning in the area as all adjoining zoning is of a single family residential classification 3 There is already other vacant zoned office land available within the general area of Farmington Road to satisfy any needs for future office development. 4 The proposed change of zoning would not promote the orderly growth and development of the area but would tend to lead to the further conversion of residentially-zoned land to that of the office classification A roll call vote was taken on the foregoing resolution with the following result: AYES Gundersen, Bishop, Bennett, Ventura and Taylor. NAYS: Feenstra and McCann. 19919 The President declared the resolution adopted By Councilman Feenstra, seconded by Councilwoman Gundersen, and unanimously adopted, it was #476-82 RESOLVED, that having considered a communication from the City Planning Commission, dated April 23, 1982, which sets forth its resolu- tion 4-66-82, adopted on April 13, 1982, with regard to Petition 81-2-6-3 submitted by the City Planning Commission on its motion to amend Article XII of Ordinance No 543, by adding Section 12.03, Special Uses, to P L District regulations, and the Council having conducted a public hearing on this matter on June 7, 1982 pursuant to Council Resolution 342-82, THE COUNCIL DOES HEREBY REFER THIS MATTER TO THE LEGISLATIVE COMMITTEE FOR ITS REPORT AND RECOMMENDATION By Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #477-82 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 1982, which transmits its resolu- tion 4-65-82, adopted on April 13, 1982, with regard to Petition 78-2-6-3 submitted by the City Planning Commission to amend Section 11 03, Waiver Uses within the C-2 Zoning District of Zoning Ordinance No 543, by amending the present standards and adding new standards for gasoline service stations, restaurants, new and used car lots and showrooms, new or used mobile home sales, open air sales, display and/or rental of utility trailers and buildings of 30,000 square feet or more, and the Council having conducted a public hearing with regard to this matter on June 7, 1982, pursuant to Council Resolution 342-82, THE COUNCIL DOES HEREBY REFER THIS ITEM TO THE LEGISLATIVE COMMITTEE FOR ITS REPORT AND RECOMMENDATION. By Councilman Ventura, seconded by Councilman Bennett, it was #478-82 RESOLVED, that having considered a communication from the City Planning Commission, dated April 5, 1982, which sets forth its resolu- tion 3-48-82 adopted on March 30, 1982, with regard to Petition 82-2-1-4 submitted by Walter Pivetta for a change of zoning on property located west of Inkster Road, south of the I-96 Freeway in the Northeast 1/4 of Section 25, from M-1 to M-2, and the Council having conducted a public hearing on this matter on May 24, 1982, pursuant to Council Resolution 296-82, THE COUNCIL DOES HEREBY TABLE THIS MATTER UNTIL SUCH TIME AS THE PLANNING DEPARTMENT HAS PREPARED A LANDSCAPE PLAN FOR SUBMISSION TO COUNCIL WITH RESPECT TO SAME. A roll call vote was taken on the foregoing resolution with the following result- AYES: Gundersen, Bishop, Bennett, Ventura and Feenstra NAYS: Taylor and McCann The President declared the resolution adopted 19920 The communication from Chief Inspector Kerby dated May 28, 1982, with respect to a parked vehicle on Schoolcraft owned by John Sassak (CR 380-82) was received and placed on file for the information of the Council The communication from the City Planning Commission dated May 25, 1982 with respect to the withdrawal of Petition 82-4-3-1 by Attorney Edward R. Ptasnik regarding the vacating of an alley located north of Joy Road between Middlebelt Road and Fremont in the Southeast 1/4 of Section 35 was received and placed on file for the information of the Council. (CR 231-82) By Councilman Bishop, seconded by Councilman Taylor, it was #479-82 RESOLVED, that having considered a communication from the Chief of Police, dated June 7, 1982, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which indicates that the Michigan Office of Highway Safety Planning has approved second year funds (July 1, 1982 through May 31, 1983) on Grant #MFT-81-003B, "Police Traffic Services" on the basis of the following budget: Federal Share 55% $199,700 00 Livonia Share 45% $163,300 00 Total Project Costs: $363,000 00 THE COUNCIL DOES HEREBY CONCUR IN AND APPROVE OF THE AFORESAID "TRAFFIC GRANT" #MPT-81-003B, IN THE MANNER AND FORM DESCRIBED IN THE AFORESAID COMMUNICATION. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra and McCann NAYS: None. Councilman McCann removed himself from the Chairmanship and passed the gavel to Vice President, Councilman Bishop By Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was 19921 L 4+80-82 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordi- nance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, John A Hillman, 14317 Yale, Livonia, Michigan, is hereby reappointed as a member of the Zoning Board of Appeals for a three year term of office, such term commencing on July 12, 1982, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 Counci1mAn Bishop passed the gavel back to Councilman McCann By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was 4481-82 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Conrad Gniewek, 14571 Auburndale, Livonia, Michigan, is hereby reappointed as a member of the Zoning Board of Appeals for a three year term of office, such term commencing on July 12, 1982, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 By Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #482-82 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Sharron G. Brown, 35573 Leon, Livonia, Michigan 48150, is hereby appointed as a member of the Zoning Board of Appeals for a three year term of office, such term commencing on July 12, 1982, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #483-82 RESOLVED, that pursuant to Section 21.02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, William La Pine, 33855 Carl Drive, Livonia, Michigan 48152, is hereby appointed as a member of the Zoning Board of Appeals, to fill the unexpired term of Ronald Nisun, which term shall expire on July 11, 1984, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 The communication from the City Planning Commission dated June 1, 1982 with respect to the withdrawal of Petition 79-9-2-23 by Edward S. Hesano requesting waiver use approvel to establish an SDD licensed operation on property located on the north side of Six Mile Road, east of Haggerty Road in the Southwest 1/4 of Section 7 was received and placed on file for the information of the Council 19922 By Councilman Feenstra, seconded by Councilman Ventura, and unanimously adopted, it was 4484-82 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda By Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 4+85-82 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated June 4, 1982, approved by the Finance Director and approved for submission by the Mayor, THE COUNCIL DOES HEREBY ACCEPT THE SUM OF $4,000 00 FROM THE ASSOCIATION OF RETARDED CITIZENS NORTHWEST COMMUNITIES, TO BE REFLECTED AS AN INCREASE IN THE UNEXPENDED FUND BALANCE ACCOUNT, FURTHER, THE COUNCIL DOES HEREBY APPROPRIATE AND AUTHORIZE THE SUM OF $4,000 00 FROM THE UNEXPENDED FUND BALANCE ACCOUNT TO BE TRANSFERRED TO THE FOLLOWING ACCOUNTS IN THE FOLLOWING AMOUNTS. Salaries and Wages $3,446.40 101-709-702-000 Employee Benefits 230 00 101-709-715-000 Operating Supplies 323 6o 101-709-76o-00o $4,000 00 By Councilman Feenstra, seconded by Councilman Taylor, it was 0+86-82 RESOLVED, that WHEREAS, Under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs, and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and WHEREAS, To obtain its entitlement funds under the Community Development Block Grant Program as authorized by the Housing and Community Development Act of 1974, as amended, the City of Livonia must submit a statement of Community Development objectives and projected uses of funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate Federal and State laws and Department of Housing and Urban Development regulations, and satisfactory assurances that, prior to submission of its final statement of Community Development objectives and projected uses, it has (A) provided citizens with adequate information concerning the amounts of funds available for 19923 proposed community development and housing activities, the range of activities that may be undertaken, and other important Program require- ments, (B) held a public hearing to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed statement of Community Development objectives and projected use of funds, BY THE CITY COUNCIL OF THE CITY OF LIVONIA THAT THE FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE 1982-83 PROGRAM YEAR UNDER THE PROVISIONS OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED,IS HEREBY APPROVED AND SHALL BE SUBMITTED TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Bennett, Ventura, Taylor, Feenstra and McCann. NAYS. Gundersen Councilwoman Gundersen went on record to indicate that her "No" vote was not a vote against Community Development and she supported Community Development. "My 'No' vote is an expression of dissatisfaction that a matter of such importance comes to us as an 'X item ' " The President declared the resolution adopted By Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #487-82 RESOLVED, that having considered a communication from the Director of Public Works, dated June 16, 1982, and approved for sub- mission by the Mayor, THE COUNCIL DOES HEREBY AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO OBTAIN COMPETITIVE BIDS FOR THE DEMOLITION OF A CITY- OWNED BUILDING LOCATED AT 12313 STARK ROAD, in accordance with provisions of law and City Ordinance By Councilman Feenstra, an approving resolution which the Chair declared "dead" for lack of support By Councilman Ventura then, seconded by Councilman Bennett, it was 4488-82 RESOLVED, that having considered a communication from the City Planning Commission, dated April 23, 1982, which sets forth its resolution 4-61-82, adopted on April 13, 1982, with regard to Petition 82-3-2-6 submitted by Dominic Soave requesting waiver use approval to utilize an S D D Liquor License within an existing building located on the Southwest corner of Seven Mile Road and Irving in the Northeast 1/4 of Section 9, which property is zoned C-2, and 19924 the Council having conducted a public hearing with regard to this matter on June 7, 1982, pursuant to Council Resolution 343-82, THE COUNCIL DOES HEREBY CONCUR IN THE RECOMMENDATION OF THE CITY PLANNING COMMISSION AND THE SAID PETITION 82-3-2-6 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- Bishop, Ventura, Gundersen and McCann NAYS: Bennett, Taylor and Feenstra The President declared the resolution adopted By Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #489-82 RESOLVED that the Council does hereby REQUEST THAT THE CITY ATTORNEY AND THE CITY CLERK SUBMIT THEIR RESPECTIVE REPORTS AND RECOMMENDATIONS RELATIVE TO THE PREPARATION AND CLOSURE OF THE COUNCIL AGENDA FOR FUTURE MEETINGS. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, this 984th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:13 P.M., June 16, 1982 R BERT F. NASH, CITY CLERK