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HomeMy WebLinkAboutCOUNCIL MINUTES 1982-05-05 19833 MINUTES OF THE NINE HUNDRED AND EIGHTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 5, 1982, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the Vice President of the Council at approximately 8:03 P. M. . Councilman Bennett delivered the invoca- tion. Roll was called with the following result: Present: Robert R. Bishop, Gerald Taylor, Alice Gundersen, Robert D. Bennett, Peter A. Ventura and *Robert E. McCann. Absent: Fernon Feenstra. (Absent) Elected and appointed officials present: Robert F. Nash, City Clerk; Patricia L. Miencier, Deputy City Clerk; Harry C. Tatigian, City Attorney; G. E. Siemert, City Engineer; John Nagy, City Planner; Stanley Bien, Chief Librarian; Russell Gronevelt, Superintendent of Public Service; James P. Andres, CETA Program L Administrator; Jack Dodge, Finance Director and Robert Turner, Police Chief. By Councilman Ventura, seconded by Councilwoman Gundersen, and unanimously adopted, it was #319-82 RESOLVED, that the minutes of the 980th Regular Meeting of the Council of the City of Livonia, held April 21, 1982, are hereby approved. The communication from the Director of Finance dated April 20, 1982, transmitting various financial statements for the month ending March 31,1982, was received and placed on file for the information of the Council. The communication from the Livonia Housing Commission Director dated April 26, 1982, transmitting Financial Statements and Audit Report for 24 months ending December 31, 1981, was received and placed on file for the information of the Council. By Councilman Bennett, seconded by Councilman Ventura, and unanimously L adopted, it was #320-82 RESOLVED, that having considered a communication from Plante & Moran dated February 26, 1982 which transmits the audited financial statement for the year ending November 30, 1981, the Council does hereby refer the same to the Finance and Insurance Committee for its report and recommendation. 19834 The following resolutions were offered by Councilman Taylor and seconded by Councilwoman Gundersen: #321-82 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 19, 1982, the Council does hereby approve the request from Drugland, Inc. to transfer location of 1981-82 SDD/SDM license from 29493 W. Seven Mile Road, Livonia, Michigan 48150 to 18975 Middlebelt Road, Livonia, Michigan 48152; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #322-82 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated April 19, 1982, with regard to an application for a new SDD license submitted by Marilyn Bennett to be held in conjunction with an existing 1981-82 SDM licensed business located at 19036 Middlebelt Road, Livonia, Michigan, the Council does hereby recommend that the Liquor Control Commission deny at this time the said request inasmuch as the application would be in violation of and in non-compliance with the requirements prescribed by the Livonia Zoning Ordinance No. 543, as amended; however, this matter is presently in the Committee of the Whole and the Council does anticipate taking final action with regard to the same in the near future; and the City Clerk is hereby requested to submit a certified copy of this resolution to the Michigan Liquor Control Commission. #323-82 RESOLVED, that having considered a letter from Mr. Stanton L. Walker of the law firm Greenberg, Walker & Watt, dated April 13, 1982, with regard to the action taken by the Council in resolution 271-82 wherein the Council did deny approval for a new full year Class C license to be located at 28121 Plymouth Road, Livonia, Michigan 48150 and having also considered a communication from the Department of Law dated April 22, 1982 with regard to an existing Class C liquor license located at 28121 Plymouth Road, the Council does hereby refer this item to the Committee of the Whole for further consideration. #324-82 RESOLVED, that having considered a communication from the City Planning Commission, dated April 21, 1982, which transmits its resolution 4-64-82 adopted on April 13, 1982 with regard to Petition 82-4-2-9 submitted by George LaForest requesting waiver use approval to locate a transmission repair business within an existing building located on the south side of Plymouth Road between Wayne Road and Yale in the Northwest 1/4 of Section 33, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 82-4-2-9 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 with the exception however, that the chain link fence to be provided shall be 6' high in height. #325-82 RESOLVED, that having considered a communication from the City Planning Commission, dated April 5, 1982, which transmits its resolution 3-52-82 adopted on March 30, 1982 with regard to a request from Daniel C. Brower, Walbridge, Aldinger Company, for a one (1) year extension of approval on the preliminary plat of WACO Industrial Subdivision proposed to be located east of Eckles between the C & 0 Railway and Schoolcraft Service Drive in Section 30, the Council does hereby concur in the recommendation of the City Planning Commission to approve and grant the 19835 said one (1) year extension as requested. #326-82 RESOLVED, that having considered a communication from the City Planning Commission, dated April 5, 1982, which transmits its resolution 3-51-82 adopted on March 30, 1982, with regard to a request from Leon Zolkower for a one (1) year extension of approval of the preliminary plat for Windridge Village Subdivision #4 proposed to be located south of Eight Mile Road, west of Gill Road in the west 1/2 of Section 4, the Council does hereby concur in the recommendation of the Planning Commis- sion and, approve and grant the said one (1) year extension, subject to compliance with the same conditions previously stipvill9ted. #327-82 RESOLVED, that having considered a communication from the Arts Commission, dated April 2, 1982, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby approve the waiver of all license fees for exhibitors at the 6th annual Arts and Crafts Festival sponsored by the Arts Commission, which is scheduled to take place on June 19 and 20, 1982 at Civic Center Park; and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution. #328-82 RESOLVED, that having considered a communication from the Livonia Woodcarvers Club, dated March 30, 1982, with respect to the Livonia Woodcarvers Annual Show to be held on August 7 and 8, 1982 at the Eddie Edgar Sports Arena, the Council does hereby waive all transient merchant license fees for exhibitors at the aforesaid event; and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution. #329-82 RESOLVED, that having considered a letter dated April 5, 1982, from Robert G. Amell, 9921 Cranston Avenue, Livonia, Michigan 48150, requesting permission to close Cranston Avenue between Elmira and. Orangelawn on Monday, May 31, 1982 from 12:00 Noon to 8:00 P.M. for the purpose of conducting an annual Memorial Day picnic, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. #330-82 RESOLVED, that having considered a communication from the Senior Citizen Achievement Needs, dated April 14, 1982, wherein an offer is made to contribute to the City of Livonia a new 1982 16 Passenger Chevrolet Van, the approximate cost of which is $24,360.00 for use in connection with the Senior Citizens Bus Program, the Council does for and on behalf of the City of Livonia determine to accept the said gift and take this means to indicate its sincere appreciation to S.C.A.N. for this fine achievement. #331-82 RESOLVED, that having considered a communication from Mr. Gordon L. Muir, 18215 Levan Road, Livonia, Michigan 48152, received by the office of the City Clerk on April 20, 1982, and to which is attached a petition from certain residents living in the area of Levan and Curtis with regard to certain city owned property and attendant problems in the area, the Council does hereby refer this item to the Police and Engineering Divisions for their respective reports and recommendations. 19836 #332-82 RESOLVED, that having considered a communication from the Livonia Towing Company, dated April 6, 1982, wherein a request is submitted for an amendment to Section 6-173 of the Livonia Code of Ordinances, so as to increase the fees authorized for towing services, the Council does hereby refer this item to the Police Division and the Department of Law for their respective reports and recommendations and/or the submission of an appropriate Ordinance amendment in this regard. #333-82 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 2, 1982, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor Pro Tem, with regard to the final invoice from the Michigan Department of Transportation, the Council does hereby authorize final payment in the amount of $667.51 to the Michigan Department of Transportation, which sum includes the full and complete balance due to cover the City's share of the cost of resurfacing of the bridge structure which carries Hines Drive over Ann Arbor Road (M-14), which project was authorized in Council Resolution 1037-77 adopted on November 21, 1977; and the Council does hereby appropriate and authorize the expenditure of the additional sum of 8667.51 from the Motor Vehicle Highway Fund Receipts (Major Road Account) for this purpose. #334-82 RESOLVED, that having considered a letter from Realty World - Advance, 6876 Middlebelt Road, Garden City, Michigan 48135, dated April 9, 1982, wherein a request is made for the vacating of the North Branch of the Bell Creek Drain, which crosses Lots 1 and 2 of Bretton Gardens Subdivision, of part of the S.E. 1/4 of Section 2, T. 1 S., R. 9 E. , City of Livonia, the Council does hereby refer the same to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance. #335-82 RESOLVED, that having considered a communication from the Community Commission on Drug Abuse, dated March 10, 1982, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which requests that CCODA's funding for the 1982 fiscal year in the amount of $17,200.00 be authorized for payment, the Council does hereby approve and grant this request in the manner and form. submitted. #336-82 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated February 17, 1982, and the report and recommendation of the Chief of Police, dated April 13, 1982, in connection therewith, the Council does hereby approve of the request from Stan's Market, Inc., holding a 1981 SDM license at 38001 Ann Arbor Road, Livonia, for transfer of partial stock wherein Charles Albus is being added as a stockholder through transfer of 3,160 from existing stockholder Thomas Albus and transfer of 1,880 shares from existing stockholder Michael Albus on October 23, 1980; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #337-82 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 12, 1982, and the report and recommendation of the Chief of Police, dated April 13, 1982, in connection therewith, the Council does hereby approve of the request from Food Emporium, Inc., for a new SDM license to be located at 37399 Six Mile Road, 19837 Livonia, Michigan 48154; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #338-82 RESOLVED, that having considered a communication from the Department of Community Resources, dated April 16, 1982, which bears the signatures of the Finance Director and the Mayor, and having also considered a communication from the Director of Community Resources, dated April 19, 1982, to which is attached an amendatory agreement between the City of Livonia and SEMTA increasing the funding of the subsidized taxi program to $239,709, and incorporating the fare changes approved by the SEMTA Board for the period July 1, 1981, through June 30, 1982, 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; FURTHER, the Council does hereby commend Suzanne T. Wisler and William R. Lawrence for their efforts in this regard. #339-82 RESOLVED, that having considered a communication from Mr. Kenneth R. Hale, dated April 16, 1982, and which is submitted in behalf of his client Mr. Lee S. Lasser of Industrial Development Company and wherein a request is made for an extension of building permits C-5310 and C-5311 which pertain to 35687 and 35799 Industrial Road in Livonia, Michigan, the Council does hereby grant a two (2) year extension with respect to the same; and the Chief Building Inspector is hereby requested to do all things necessary or incidental to the full perform- lbw ance of this resolution. #340-82 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 8, 1982, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the Storm and Fowler's Country Crest & Elmwood Farms paving project which was authorized in Council Resolution 637-80 as well as the paving of certain additional streets pursuant to Council Resolutions 706-80, 803-80, 849-80 and 851-80, the Council does hereby determine in order to finalize this program and the three (3) S.A.D. projects connected therewith, as follows: 1. Authorize the City Assessor and City Treasurer to increase the assessments for the parcel shown on Attachment No. 2, Greenland Road, (S.A.D. #214) so as to include the cost for the additional drive approach construction requested by the property owner within said district. 2. Authorize a reduction in the assessment rates as follows: revise the roll for S.A.D. No. 211, Storm & Fowler's Country Crest and Elmwood Farms Subdivision so as to reduce the front street assessment rate from $10.00 to $7.83 per front foot, and the side street assessment rate from $3.00 to $2.35 per front foot, and establish 16. the City's share at $31,346.50; revise the roll for S.A.D. No. 214, Greenland Road, north of Puritan, west of Henry Ruff, so as to reduce the assessment rate from $1,000 per unit to $880.42 per unit, and establish the 19838 City's share at $4,816.45; revise the roll for S.A.D. No. 215, Melvin, north of Bretton, and Louise, Bretton to Pembroke, so as to reduce the front street assessment rate from $10.00 to $7.83 per front foot, and reduce the side street assessment rate from $3.00 to $2.35 per front foot, and establish the City's share at $10,009.01. 3. Authorize the City's participation for Puritan at $48,364.90 and Henry Ruff at $16,295.44. The City's share for all streets improved under this contract shall be appropriated from the $7.9 Million General Obligation Road Improvement Bond Issue with the provision that the bond issue be reimbursed at such time as funds may be available from a future Motor Vehicle Highway Fund Bond Issue. #341-82 RESOLVED, that having considered a communication from the City Planning Commission, dated April 14, 1982, submitted pursuant to Council Resolution 323-81 and which submits certain recommendations relative to residents use of property on the west side of Newburgh Road between Amrhein Road and Plymouth Road in the Southeast 1/4 of Section 30, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation. #342-82 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; MCIA 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 Monday, June 7, 1982 at 7:00 P.M. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 82-3-1-5, submitted by Carol D. and Jackie Lee Gatewood for a change of zoning of property located on the west side of Farmington Road between Clarita and Pickford Avenue in the Northeast 1/4 of Section 9, from R-3 to P.S. , the City Planning Commission in its resolution 4-60-82 having recommended to the City Council that Petition 82-3-1-5 be approved; (2) Petition 81-2-6-3, submitted by the City Planning Commission pursuant to Section 23.01(b) of Zoning Ordinance No. 543, to amend Article XII of Ordinance No. 543 by adding Section 12.03, Special Uses, to the P.L. District regulations, the City Planning Commission in its resolution 4-66-82 having recommended to the City Council that Petition 81-2-6-3 be approved; (3) 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, the City Planning Commission in its resolution 4-65-82 having recommended to the City Council that Petition 78-2-6-3 be approved; 19839 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 inciden- tal to the full performance of this resolution. #343-82 RESOLVED, that having considered a communication dated April 23, 1982 from the City Planning Commission which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on April 23, 1982 by the City Planning Commission in its resolution 4-61-82 with regard to Petition 82-3-2-6 submitted by Dominic Soave requesting permission 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, as a waiver use on property zoned C-1, the Council does hereby designate Monday, June 7, 1982 at 7:00 P.M. as the date and time for conducting a Public Hearing with regard to this matter, such Hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. A roll call vote was taken on the foregoing resolutions with the following result. AYES: Bennett, Ventura, Taylor, Gundersen and Bishop. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #344-82 RESOLVED, that having considered a communication from Mr. Lyle Irow Trudell, 30409 Wentworth, Livonia, Michigan 48154, dated April 22, 1982, wherein a request is submitted for a ditch relocation on Henry Ruff, north of Five Mile Road, the Council does hereby refer this item to the Department of Public Works and the Streets, Roads and. Plats Committee for their respective reports and recommendations. 19840 By Councilman Taylor, seconded by Councilman Bennett, it was #345-82 RESOLVED, that having considered the report and recommendation of the Finance and. Insurance Committee, dated April 19, 1982, and submitted pursuant to Council Resolution 1022-81 in connection with a communication from the Director of Finance, dated November 18, 1981, approved for submission by the Mayor, to which is attached a communica- tion from the Director of Secondary Education of the Livonia Public Schools, dated October 21, 1981, which submits a copy of the Budget of the Livonia Youth Committee Employment Office for the fiscal year 1980-81, as well as projections of costs for the fiscal year 1981-82, the Council does hereby appropriate $2,059.00 from the Unexpended Fund Balance Account to be transferred to Account No. 101-909-886-120 for the balance of the fiscal year 1982; FURTHER, the Council does hereby refer the projected 1983 Budget to the Mayor and Finance Director for review and future submission in conjunction with the 1982-1983 Budget. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Ventura, Taylor, Gundersen and Bishop. NAYS: None. By Councilman Taylor, seconded by Councilman Bennett, it was L #346-82 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated April 19, 1982, and submitted pursuant to Council Resolution 1011-80 in connection with a communication from the Personnel Director, dated October 2, 1980, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on September 25, 1980, wherein it is recommended that the classification of Election Systems Operator be established with the following pay range: Step 1 Step 24 Step 2 Step 3 Step4- $15,870.04 ,1 1. 0 76:7473.60 $17,097.60 $17,763.20 610.40 621.60 633.6o 657.60 683.20 7.63 7.77 7.92 8.22 8.54 the Council does hereby concur in and approve of the aforesaid action. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Ventura, Taylor, Gundersen and Bishop. NAYS: None. By Councilman Ventura, seconded by Councilman Taylor, it was RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee, dated April 27, 1982, and submitted pursuant to Council Resolution 1028-81 in connection with a communication from the Water and. Sewer Board, dated November 12, 1981, approved by the Finance Director and approved for submission by the Mayor, and which transmits its resolution WS 2479 9/81 wherein it is recommended that 19841 Section 5-413 of the Livonia Code of Ordinances be amended so as to increase the service charge established for water turn-off and turn-on, the Council does hereby approve the recommendations contained in the aforesaid communication with the exception that residential turn-off and turn-on shall be exempted and the Council does further refer the proposed Ordinance amendment to the Department of Law for the purpose of placing the same in proper Ordinance form. By Councilman Ventura, seconded by Councilman Bennett, it was RESOLVED, that the foregoing resolution be amended to strike "the exception that residential turn-off and turn-on shall be exempted." A roll call vote was taken on the foregoing amendment with the following result: AYES: Ventura and Bennett. NAYS: Bishop, Taylor and Gundersen. The Vice President declared the amendment DENIED. *Councilman McCann arrived at 8:24 P, M. By Councilman Taylor, seconded by Councilman Bishop, it was RESOLVED, that the foregoing resolution be amended so as to provide that the proposed Ordinance amendment would provide that turn-off and turn-on charges would be waived in all cases of emergency for all residential and commercial users. By Councilman Bennett, seconded by Councilman Bishop, it was RESOLVED, that the foregoing amendment be amended so as to strike from the amendment the reference to commercial users and limit the waiver to residential users only. A roll call vote was taken on the amendment, as amended, as follows: AYES: Bennett, Taylor, Gundersen, Bishop and McCann. NAYS: Ventura. The President declared the amendment to the amendment ADOPTED. A roll call vote was taken on the resolution, as amended, as follows: #347-82 RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee, dated April 27, 1982, and submitted pursuant to Council Resolution 1028-81 in connection with a communication from the Water and Sewer Board, dated November 12, 1981, approved by the Finance Director and, approved for submission by the Mayor and which transmits its resolution WS 2479 9/81 wherein it is recommended that Section 5-413 of the Livonia Code of Ordinances be amended so as to increase the service charge established for water turn-off and turn-on, the Council does hereby approve the recommendations contained in the aforesaid communication with the exception that all turn-off and turn-on 19842 charges shall be waived and exempted in cases of emergency for residen- tial users, and the Council does further, refer the proposed Ordinance amendment to the Department of Law for the purpose of placing the same in proper Ordinance form. with the following result: AYES: Bennett, Taylor, Gundersen, Bishop and McCann. NAYS: Ventura. The President declared the resolution, as amended, adopted. By Councilman Ventura, seconded by Councilman Bishop, it was #348-82 RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee, dated April 27, 1982, and submitted pursuant to Council Resolution 256-82 in connection with a request to investigate the matter of establishing a policy with respect to collec- tion of compacted trash from commercial and office establishments in comparison to residential collection, the Council does hereby request that the Bureau of Inspection enforce City requirements with regard to the maintenance of dumpster areas for commercial and office buildings. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Gundersen, Bishop and McCann. NAYS: None. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 5-1604 OF TITLE 5, CHAPTER 16 (INDUSTRIAL WASTE SURCHARGE ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 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 onthe table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING ARTICLE 2, SECTION 5-408 OF CHAPTER 4 (WATER) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES= AS AMENDED. 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. 1984, LThe above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Taylor, and, unanimously adopted, it was #349-82 RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee, dated April 27, 1982, and submitted pursuant to Council Resolution 262-82 in connection with a communication from the Water and. Sewer Board, dated March 19, 1982, approved by the Finance Director and approved for submission by the Mayor and which transmits its resolution WS 2497 3/82 wherein it is recommended that an ordinance be adopted to establish a lawn sprinkling ban during the months of May, June, July and. August, 1982, the Council does hereby determine to take no further action with regard to the proposed lawn sprinkling ban; HOWEVER, Council does hereby request that the citizens of Livonia be encouraged to observe a voluntary water conservation program, and the Water and Sewer Department is hereby encouraged to initiate and continue a public information program regarding water use and its affect on rates. Councilman Ventura gave first reading to the following Ordinance. L AN ORDINANCE AMENDING SECTION 5-510 OF TITLE 5, CHAPTER 5 (SEWERS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 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. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2.07 OF ARTICLE II AND SECTION 18.09 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." RE: PETITION 81-10-6-10. 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 Lmeeting of the Council. 198„ LCouncilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4-407(A) OF TITLE 4, CHAPTER 4 (ENTERTAINMENTS AND AMUSEMENTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 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. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING THERETO CHAPTER 29 ENTITLED "AN ORDINANCE TO ESTABLISH A DEPARTMENT OF LABOR RELATIONS." L 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 Bennett, seconded by Councilwoman Gundersen, and unanimously adopted, it was #350-82 RESOLVED, that having considered a communication from the City Planning Commission, dated April 5, 1982, which transmits its resolution 3-49-82 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 refer this item to the Committee of the Whole for further consideration. By Councilman Taylor, seconded by Councilman Bishop, it was #351-82 RESOLVED, that having considered a communication from the Chief of Police, dated. April 6, 1982, which bears the signature of the Finance L Director and is approved for submission by the Mayor, and wherein it is recommended that the following rates be established for computer services rendered to other municipal police departments: 19845 1. Charges for computer usage is $ .70 per CPU minute per day. A. The $ .70 includes the following: (1) $ .33 per CPU minute (2) $ .25 per CPU minute for maintenance (3) $ .12 per CPU minute for communications network 2. Disk storage is calculated at: A. Program storage $ .05 per block per month. B. Data storage $ .03 per block per month. C. Archival storage $ .05 per block per month. 3. Training will cost $20 per hour. This training will include explanation of the computer system and how to use it. 4. File conversion: Activity Remote Media Bulk Media Disk to Tape $ 15.00 per reel Tape to Disk $ 15.00 per reel Disk to Printer $ 1.75/1000 lines $ 1.75 per 1000 lines Multi-part paper $ 5.00 per set up S 5.00 per set up Minimum conversion t10.00 per job S10.00 per job 5. ProgrAmming rate is $30.00 per hour. the Council does hereby concur in and approve of the establishment of the aforesaid rates, as recommended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Gundersen, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, it was #352-82 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 8, 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 the "DECWORD" Software Package from Digital Equipment Corporation, Merrimack, New Hampshire 03054, for the price of $8,511.72, FURTHER, the Council does hereby authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213(d)(5) of the Livonia Code of Ordinances, as amended. 19846 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Gundersen, Bishop and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #353-82 RESOLVED, that having considered the report and recommendation. of the Chief of Police, dated April 16, 1982, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Data Center Power Systems, 24643 West Five Mile Road, Detroit, Michigan 48239, for supplying the Police Division with an Uninterrupted Power Source - Computer for a total pri.cL in the amount of $111,524.00, the same having been in fact the lowest bid received which meets all specifications; FURTHER, the Council does hereby authorize the transfer of the sum of $111,524.00 from the Unexpended Fund Balance Account to Account No. 101-304-987, Capital Outlay - Other Equipment for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Gundersen, Bishop and McCann. NAYS: None. By Councilwoman Gundersen, seconded by Councilman Taylor, it was #354-82 RESOLVED, that having considered the report and recommendation of the Library Commission, dated April 21, 1982, which bears the sig- nature of the Chief Librarian and the Director of Finance and is approved for submission by the Mayor, and which transmits its resolution 11-82, the Council does hereby accept the bid of Stadium Linoleum and Tile Company, 2275 S. Industrial Highway, Ann Arbor, Michigan for carpet replacement at the Alfred Noble Library for the price of $11,632.50, the same having been in fact the lowest bid received and meets all specifica- tions. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Ventura, Taylor, Gundersen, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #355-82 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated April 8, 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 Mid-Ohio Markings & Traffic Signs, Inc., 51 Benedict Avenue, P.O. Box 512, Norwalk, Ohio 44857 for supplying the Public Service Division (Sign Maintenance Section) with Traffic Sign Faces, Letters and Roll Goods at the unit prices bid for the period through May 31, 1983 and for an estimated price in the amount of $12,707.06, the same having been in fact the lowest bid received which meets specifications. 19847 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Gundersen, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, it was #356-82 RESOLVED, that having considered a communication from the District Judges of the 16th District Court, dated April 6, 1982, the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute a contract with Ditzhazy Associates, Inc., P.O. Box 2806, Livonia, Michigan 48151, as construction manager for the installation of a Facia Cover on the 16th District Courthouse, as detailed in the attachments and for a total price in the amount of $32,575.00 ($30,000.00 to Ballard Roofing Company and $2,575.00 as Construction Manager fee); and for this purpose the Council does hereby appropriate the sum of $32,575.00 from the Unexpended Fund Balance Account to be transferred to Account No. 101-141-976, Building Improve- ment, and in this regard the Council does hereby increase the item reflected in the Budget for fines and forfeits by a like amount, and thereafter authorize the transfer of said amount to the Unexpended Fund Balance Account; and the Council does hereby authorize the aforesaid contract 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Gundersen, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #357-82 RESOLVED, that having considered a communication from Mr. James C. DeAngelis, President of DeAngelis Landscape Inc., 22425 Van Horn Road, Woodhaven, Michigan 48183, dated April 26, 1982, wherein a request is submitted to purchase brush and woodchip material located at the DPW Yard on Glendale Avenue (estimated to be approximately 2,000 cubic yards) for a unit price of $2.50 per cubic yard, the total quantity to be determined by the City prior to removal and the same to be paid by cash and in advance and based upon the pick-up of said material on site at the DPW Yard with all loading and trucking to be assumed by DeAngelis Landscaping, Inc. and with said company to provide adequate insurance coverage, the Council does hereby concur in and approve of this transac- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Gundersen, Bishop and McCann. NAYS: None. 198+8 By Councilman Ventura, seconded by Councilman Taylor, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 3, 1982, in connection with a communication from the City Treasurer, dated April 14+, 1982, which bears the signature of the Director of Finance and is approved for submission by the Mayor and wherein an appropriation is requested to cover the costs of personnel and other items in connection with summer tax collections, the Council does hereby approve in concept the employment of the following personnel by the office of the City Treasurer: Teller I Clerk I Clerk Seasonal A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor and McCann. NAYS: Bishop, Bennett and Gundersen. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Bishop, it was #358-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 3, 1982, in connection with a communication from the City Treasurer, dated April 14, 1982, which bears the signature of the Director of Finance and is approved for submission by the Mayor and wherein an appropriation is requested to cover the costs of personnel and other items in connection with summer tax collections, the Council does hereby approve in concept the employment of the following personnel by the office of the City Treasurer. Teller I Clerk I (2) Clerk Seasonal A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Ventura, Gundersen and Bishop. NAYS: Taylor and McCann. The President declared the resolution ADOPTED. By Councilman Ventura, seconded by Councilman Bishop, it was #359-82 RESOLVED, that having considered the report and recommendation of the City Clerk, dated April 19, 1982, to which is attached an offer from the Clerk of Canton Township, dated April 13, 1982, wherein Canton Township has offered to purchase thirty (30) Shoup voting machines for the price of $6,000.00 cash and carry, the Council does hereby authorize said sale in the manner and form herein submitted. 19849 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Gundersen, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #360-82 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated April 8, 1982, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the extension of the bid of Allie Brothers, 20331 Middlebelt Road, Livonia, Michigan 48152, as previously accepted in Council Resolu- tion 468-81, adopted on May 27, 1981, for supplying the Fire Division with 150 shirts at $18.50 each and 150 pair of pants at $18.00 each for a total of $5,475.00; FURTHER, the Council does hereby authorize the aforesaid item without any additional competitive bidding for the reasons indicated in the aforesaid communication and such action is taken in accordance with the provisions set forth in Section 2-213(d)(5) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Ventura, Taylor, Gundersen, Bishop and McCann. LNAYS: None. By Councilman Taylor, seconded by Councilman Ventura, it was #361-82 RESOLVED, that having considered a communication from the Department of Law, dated April 13, 1982, approved by the Finance Director and approved for submission by the Mayor, and to which is attached an invoice in the amount of $2500.00 from the law firm of Brown, Colman & DeMent, P.C. for legal services to be rendered in connection with Michigan Municipal League Act 604 litigation, the Council does hereby appropriate and authorize the expenditure of the sum of $2500.00 from the Unexpended Fund Balance Account for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or inciden- tal to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Ventura, Taylor, Gundersen, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Ventura, it was #362-82 RESOLVED, that having considered a communication from the Depart- ment of Law, dated April 13, 1982, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the City Clerk, for and on behalf of the City Council, to execute the attached letter which is to be forwarded to Senator Geake and State Representatives Skrel and Kirksey. 19850 A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Ventura, Taylor, Gundersen, Bishop and McCann. NAYS: None. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 2, CHAPTER 3 (HISTORIC PRESERVATION COMMISSION ORDINANCE) OF THE LIVONIA CODE OF OR- DINANCES, AS AMENDED BY AMENDING SECTIONS 2-21+02 2-21+03 AND 2-2107. 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 Bishop, seconded by Councilman Taylor, and unanimously Lis adopted, it was #363-82 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 6, 1982, approved by the Director of Public Works and approved for submission by the Mayor Pro Tem and wherein it is recommended that certain revisions are requested in the Street and Side walk Ordinance (Sections 5-109, 5-110 and 5-115) the Council does hereby refer the same to the Department of Law for the purpose of placing these amendments in proper Ordinance form. Councilman Bennett gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 15 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3. THERETO. RE: PETITION 81-12-1-21+ FOR CHANGE OF ZONING FROM R-1 TO RUFA. The foregoing Ordinance, when adopted, is filed in the J-,urnal 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. 19851 Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6 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 82-1-1-1 FOR CHANGE OF ZONING FROM M-1 TO C-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. By Councilman Ventura, seconded by Councilman Taylor, it was #364-82 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 18, 1982, as revised, on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on April 26, 1982, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the proposed paving improvement of Wayne Road south of Seven Mile Road approximately 1,000 feet in the Northwest 1/4 of Section 8 and in the Northwest 1/4 of Section 9; (3) approve the plans and specifications for said improvement as set forth in said statement dated February 18, 1982, as revised; (4) determine that the estimated cost of such improvement is $128,51+2.40, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 35%a of paving costs ($31,517.61) and 100% of drainage costs ($20,592.09) and all right-of-way costs ($17,900.00) and that the balance of said cost and expense of said public improvement amounting to 65% of paving costs ($58,532.70) shall 19852 be borne and paid by special assessments on alL lands and premises in the special assessment district as herein established in proportion tc the benefits to be derived therefrom; (7) determine that assessments made for such 'mprove- ment may be paid in ten (10) annual installments together with interest thereon on the uitaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district in the N.W. 1/1 of Section 8 and also in the N.W. 1/4 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan described as containing the following parcels of land: Bureau of Taxations Parcels 08ALb; 08A1a3; 08A1a2; 08Alal; 08A3a2; 09bla; 09blb1,2a2a and 09blb2,2a2b. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-5l1, of the said Code. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Ventura, Taylor, Gundersen and McCann. NAYS: Bishop. The President declared the resolution ADOPTED. 19853 By Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #365-82 RESOLVED, that the Council having conducted a public hearing on April 26, 1982 pursuant to Council Resolution 187-82 with regard to the proposed paving and drainage improvements for Wayne Road, south of Seven Mile Road, as recommended in a communication from the City Engineer, dated February 18, 1982, the Council does hereby refer the same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #366-82 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 Ventura, it was #367-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 3, 1982, and submitted pursuant to Council Resolution 108-82 in connection with a communication from the City Planning Commission, dated November 17, 1981, which sets forth its resolution 11-194-81 adopted on November 10, 1981, with regard to Petition 81-10-1-23 submitted by Boron Oil Company for a change of zoning on property located on the northwest corner of Schoolcraft Service Drive and Merriman Road in the Southeast 1/4 of Section 22, from C-1 to C-2, and the Council having conducted a public hearing on this matter on January 25, 1982, pursuant to Council Resolution 1034-81, the Council does hereby concur in the recommendation of the Planning Commission and Petition 81-10-1-23 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Depart- ment of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Taylor, Gundersen, Bishop and McCann. NAYS: Bennett. The President declared the resolution ADOPTED. By Councilman Taylor, seconded by Councilman Bishop, it was #368-82 RESOLVED, that the Council does hereby amend and revise Council Resolution 806-81 adopted on September 10, 1981 so as to have the same read "Inground Swimming Pool," in lieu of "Aboveground Swimming Pool," and the balance of Council Resolution 806-81 shall remain in full force and effect. 19854 A roll call vote was taken on the foregoing resolution with the following result: AYES• Bennett, Ventura, Taylor, Gundersen, Bishop and McCann. NAYS: None. By Councilm• Ventura, seconded by Councilman Taylor, it was #369-82 RESOLVED, that the Council does hereby amend and revise Council Resolution 308-82, adopted on April 21, 1982, so as to delete therefrom the following language: FURTHER, the Council does hereby authorize installment payments in the number of three (3) installments at 8% interest where assessments exceed $400.00 and the property owner has requested such installments. and in lieu thereof the Council does hereby insert the following: FURTHER, the Council does hereby authorize installment payments on parcels 03A33a1, a2; 03A64a1; 32a48a, 49a, 50; 03a93-97a; 03a99a, 100a, 03a101a, 102a, 103a; 24a164-168 inc. , 24a200, 201, 202; and 34p2070 in the number of three (3) installments at 8% interest, such installments having been requested by the property owner and the assessment having exceeded $400.00. and the balance of Council Resolution 308-82 shall remain in full force and effect. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Taylor, Gundersen, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, this 981st Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:26 P. M. , May 5, 1982. ROBERT F. NASH, CITY CLERK