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HomeMy WebLinkAboutCOUNCIL MINUTES 1982-02-24 19737 Ilim MINUTES OF THE NINE HUNDRED AND SEVENTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 24, 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 8:07 P. M. . Councilman Bennett delivered the invocation. Roll was called with the following result: Present: Robert E. McCann, Gerald Taylor, Fernon Feenstra, Alice Gundersen, Robert R. Bishop and Robert D. Bennett. Absent: Peter A. Ventura. 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; Michael Reiser, Emergency Preparedness Coordinator; Daniel Gilmartin, Industrial Coordinator, Robert E. lb, Osborn, Director of Public Works, Jack Dodge, Finance Director, Russell Gronevelt, Superintendent of Public Service and James L. Miller, Civil Service Personnel Director. By Councilman Bishop, seconded by Councilwoman Gundersen, and unanimously adopted, it was #115-82 RESOLVED, that the minutes of the 975th Regular Meeting of the Council of the City of Livonia, held February 10, 1982, are hereby approved. The communication from the CETA Program Administrator dated January 28, 1982, transmitting Quarterly Reports relative to the City of Livonia CETA Program, was received and placed on file for the information of the Council. The communication from the City Attorney dated February 11, 1982, with respect to Michael S. Small and Irma L. Small v City of Livonia and the Council of the City of Livonia; and Ford Leasing Development and Floyd Rice Ford, Inc., Court of Appeals Docket #54963, was received and placed on file for the information of the Council. The following resolutions were offered by Councilwoman Gundersen and seconded by Councilman Feenstra: The proposed Ordinance amendment with respect to insurance against new home structural defects, was received and placed on file for the information of the Council. CR-810-78 and CR-19-82. #116-82 RESOLVED, that having considered a letter from Republic Develop- ment Corporation, dated January 28, 1982, wherein a request is submitted for the deletion of certain assessments on property located in Quakertown Subdivision No. 1 which were levied for the installation of street lighting pursuant to Special Assessment Roll No. 224, the Council does hereby refer the same to the Engineering Division for its report and recommendation. #117-82 RESOLVED, that having considered a communication from the City Planning Commission, dated February 2, 1982, which transmits its resolu- tion 1-7-82 adopted on January 19, 1982, wherein the Commission did amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to delete and to incorporate certain properties located within Section 18, the Council does hereby certify and acknowledge the receipt of same. #118-82 RESOLVED, that having considered a communication from the City Planning Commission, dated January 27, 1982, which transmits its resolution 1-2-82 adopted on January 19, 1982 with regard to Petition 81-12-2-28 submitted by Harley Ellington Pierce Yee Associates requesting waiver use approval to construct an addition to the existing mausoleum located on the south side of Eight Mile Road, east of Newburgh Road in Section 5, which property is zoned AG, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 81-12-2-28 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. #119-82 WHEREAS, Act 40, Chapter 17, Section 391, of the Public Acts of the State of Michigan of 1956, as amended, provides the method and manner that Wayne County Drain Commissioner, Charles N. Youngblood, may vacate a drain under his jurisdiction and control, wherein such drain is no longer necessary and has ceased to be of public utility, and WHEREAS, it has been determined that there is presently a deficit of $0.00 in that part of the drainage district that is located in the City of Livonia, which this Council assumes and agrees to pay to the Office of the Wayne County Drain Commissioner upon the termination of these proceedings, and WHEREAS, this resolution is necessary and in compliance of Chapter 17, Section 391, of Act 40 of the Public Acts of the State of Michigan of 1956 as amended, and in the best interest of the public health, safety and welfare of the citizens of the City of Livonia, 19739 NOW, THEREFORE, BE IT RESOLVED that the City of Livonia hereby petitions Charles N. Youngblood, Wayne County Drain Commissioner, to vacate the following: All of that part of the open Branch "B" of the Gunn Branch of the Patter Drain, in the N.W. 1/4+ of Section 29, City of Livonia, Wayne County, Michigan, since that drain is no longer necessary and has ceased to be of public utility and BE IT FURTHER RESOLVED THAT THIS RESOLUTION be presented to Charles N. Youngblood, Wayne County Drain Commissioner for his action and consideration. #120-82 RESOLVED, that having considered a communication from the City Planning Commission, dated February 2, 1982, which transmits its resolu- tion 1-6-82 adopted on January 19, 1982, wherein the Commission did amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to delete certain properties no longer used for school and park purposes located in Sections 10, 14+ and 16, the Council does hereby certify and acknowledge the receipt of same. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. liw NAYS: None. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 11.03 OF ARTICLE XI AND SECTION 16.11 OF ARTICLE XVI OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." RE: PETITION 80-10-6-11 AND PETITION 81-7-6-5 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: 197+0 AN ORDINANCE AMENDING SECTION 21 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 81-3-1-6 FOR CHANGE OF ZONING FROM R-2 TO AG. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilwoman Gundersen, it was #121-82 RESOLVED, that having considered a letter dated February 15, 1982 from Mr. Walter Shapero, attorney for Asa E. Wilson, et al, withdrawing his prior request for the division and combination of the north and east 20 feet of Parcels A through M with adjacent subdivision lots as previously submitted to the Council in a communication from the City Assessor dated October 13, 1981, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation; further, the Council does hereby request the City Planning Commission submit its report and recommendation with regard to the question of the best rezoning of the subject property. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #122-82 RESOLVED, that having considered a communication from the City Planning Commission, dated October 6, 1981, which sets forth its resolu- tion 10-179-81 adopted on October 6, 1981, with regard to Petition 81-9-1-20 submitted by Farley Building Company, Inc. for a change of zoning on property located on the east side of Middlebelt between Clarita And Pickford in the Northwest 1/4 of Section 12, from RUF to C-2, and as thereafter amended by the petitioner by letter dated February 16, 1982, from RUF to C-1, and the Council having conducted a public hearing with regard to this matter on January 11, 1982, pursuant to Council Resolution 1033-81, the Council does hereby refer this item to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. 19741 Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2-2703 OF TITLE 2, CHAPTER 27 (PHYSICAL LIMITATION DISCRIMATION ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING PARAGRAPH (c) THERETO. 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 Feenstra, seconded by Councilman Bishop, it was #123-82 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated January 28, 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 unit price bid of Steinkopf Nursery, 20815 Farmington Road, Farmington, Michigan 48024, for the 1982 Street Tree Planting Program for the estimated total cost of $14,000.00, based upon the Public Service Division's estimate of units involved and subject to final pay- ment based on the actual units completed, in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; and the Director of Public Works is hereby authorized to approve any minor changes in the work as required; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Bennett, seconded by Councilwoman Gundersen, it was #124-82 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated January 26, 1982, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which submits a bid received for consulting programming and system work on Digital Equipment RSTS, IAS and DECNET, the Council does hereby table this matter for further consideration following the tour of the facilities in question by the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor, Gundersen and McCann. NAYS: Feenstra and Bishop. The President declared the resolution ADOPTED. 19742 By Councilman Taylor, seconded by Councilman Feenstra, it was #125-82 RESOLVED, that having considered a communication from the Superintendent of Public Service, dated January 25, 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 appropriate the sum of $34,000.00 from the Unexpended Fund Balance Account to be transferred to Account No. 101-463-784.000.000 for the purchase of snow removal materials (rock salt), the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilwoman Gundersen, it was #126-82 RESOLVED, that having considered a communication from the Director of Finance, dated January 26, 1982, approved for submission by the Mayor, with regard to the payment of a settlement award and expenses incurred with respect to four court claims involving City of Livonia police professional liability, which cases have been resolved in accord- ance with insurance policy provisions, the Council does hereby authorize the payment of $6268.35 to be charged to Insurance Account 101-925-918 in the manner and form detailed in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilman Taylor, it was #127-82 RESOLVED, that having considered a communication from the Director of Finance, dated January 26, 1982, approved for submission by the Mayor, to which is attached a billing from Continental Insurance Companies representing the 9th retrospective adjustment on the City's Worker's Compensation Policy for the period 12-1-69 - 12-1-72, the Council does hereby authorize the payment of the sum of $25,527.00 from Worker's Compensation Account No. 101-950-917 in the manner and form detailed in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Bishop, it was #128-82 RESOLVED, that having considered a communication from the City Planning Commission, dated January 27, 1982, which sets forth its resolu- tion 1-3-82 adopted on January 19, 1982, with regard to Petition 81-12-2-29 submitted by George Hajal requesting waiver use approval for restaurant 19743 ime usage to be provided within a portion of the existing building located on the north side of Plymouth Road between Cavell and Arcola in Section 25, which property is zoned C-2, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 81-12-2-29 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommenda- tion of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Feenstra, Gundersen, Bishop. NAYS: Taylor and McCann. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Bennett, it was #129-82 RESOLVED, that having considered a communication from the City Planning Commission, dated December 29, 1981, which transmits its resolu- tion 12-213-81 adopted on December 15, 1981, with regard to Petition 81-12-2-26 submitted by Kenneth Soble for Drug Land, Inc., requesting waiver use approval to utilize an SDD Liquor License within a building proposed to be constructed on the northwest corner of Middlebelt Road and Clarita in the Northeast 1/4 of Section 11, as revised Job No. 8114, lie 2-17-82, which property is zoned C-2, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 81-12-2-26 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, as well as the additional condition that all landscape area shall be provided with an underground water sprinkling system. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen and McCann. NAYS: Bishop. The President declared the resolution adopted. By Councilman Feenstra, seconded by Councilman Taylor, it was #130-82 RESOLVED, that having considered a communication from the City Planning Commission, dated January 28, 1982, which transmits its resolu- tion 1-10-82 adopted on January 19, 1982, with regard to Petition 80-1-8-5 submitted by Michigan National Bank-West Metro, requesting site plan approval in connection with a proposal to renovate the interior and exterior of an existing building located on the north side of Six Mile leme Road between Newburgh and Fitzgerald in Section 8, pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 80-1-8-5 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. 19744 Imp A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. Councilwoman Gundersen gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6-124 OF TITLE 6, CHAPTER 1 (TRAFFIC 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 on the table for consideration at the next regular meeting of the Council. By Councilman Bennett, seconded by Councilman Taylor, it was #131-82 RESOLVED, that having considered a letter from the Michigan lir Liquor Control Commission, dated September 8, 1981, and the report and recommendation of the Chief of Police, dated January 20, 1982, in connec- tion therewith, the Council does hereby determine that it has no objection to and does recommend approval of the request from Livonia Post #3941, Veterans of Foreign Wars, for a new Dance Permit to be held in conjunction with proposed new Club License and SDM License to be located at 29155 W. Seven Mile Road, Livonia, Wayne County, Michigan; 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: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilman Taylor, it was #132-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 13, 1982, submitted pursuant to Council Resolutions 776-81, 1000-81, 1049-81 and 774-81, in connection with proposed salary increases for various department/division heads and other administrative and professional classifications, as well as for the Police and Fire Chiefs, the Council does hereby determine to reject the recommendations of the Civil Service Commission and to disapprove of such Impaction. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. 19745 low The following resolution was offered by Councilman Bennett: RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 9, 1982, submitted pursuant to Council Resolution 606-81, in connection with a communication from the City Planning Commission, dated July 1, 1981,. which transmits its resolu- tion 6-97-81 adopted on June 9, 1981, wherein the Planning Commission did amend Part III of the Master Plan of the City of Livonia, the Subdivision Rules and Regulations, so as to incorporate controls for cluster mailboxes in new subdivisions, the Council does hereby certify and acknowledge the receipt of same. By Councilman Bishop, seconded by Councilman Feenstra, it was #133-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 9, 1982, submitted pursuant to Council Resolution 606-81, in connection with a communication from the City Planning Commission, dated July 1, 1981, which transmits its resolu- tion 6-97-81 adopted on June 9, 1981, wherein the Planning Commission did amend Part III of the Master Plan of the City of Livonia, the Subdivision Rules and Regulations, so as to incorporate controls for cluster mailboxes in new subdivisions, the Council does hereby refer this matter back to the City Planning Commission for a new report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: lip AYES: Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: Bennett. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Feenstra, it was #134-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 8, 1982, submitted pursuant to Council Resolution 75-82, in connection with a communication from the City Planning Commission, dated November 17, 1981, which transmits its resolu- tion 11-202-81 with regard to Petition 81-7-6-6 initiated by the City Planning Commission on its own motion for the purpose of amending Sections 2.10 and 11.02 and Article XVIII by adding Section 18.59 of the Zoning Ordinance so as to incorporate regulations relating to mechanical and electronic amusement devices, and the Council having conducted a public hearing with regard to this matter on January 11, 1982 pursuant to Council Resolution 1033-81, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 81-7-6-6, as revised, is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. By Councilman Bennett, seconded by Councilwoman Gundersen, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 8, 1982, submitted pursuant to Council Resolution 75-82, in connection with a communication from the City Planning Commission, dated November 17, 1981, which transmits its resolu- 1971+6 Imp tion 11-202-81 with regard to Petition 81-7-6-6 initiated by the City Planning Commission on its own motion for the purpose of amending Sections 2.10 and 11.02 and Article XVIII by adding Section 18.59 of the Zoning Ordinance so as to incorporate regulations relating to mechanical and electronic amusement devices, and the Council having conducted a public hearing with regard to this matter on January 11, 1982 pursuant to Council Resolution 1033-81, the Council does hereby refer to the Legislative Committee for further consideration and thereafter a report and recommendation, A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Gundersen and Bishop. NAYS: Taylor, Feenstra and McCann. The President declared the resolution DENIED. By Councilmsu Bishop, seconded by Councilwoman Gundersen, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 8, 1982, submitted pursuant to Council Resolution 75-82, in connection with a communication from the City Planning Commission, dated November 17, 1981, which transmits its resolution 11-202-81 with regard to Petition 81-7-6-6 lie initiated by the City Planning Commission on its own motion for the purpose of amending Sections 2.10 and 11.02 and Article XVIII by adding Section 18.59 of the Zoning Ordinance so as to incorporate regulations relating to mechanical and electronic amusement devices, and the Council having conducted a public hearing with regard to this matter on January 11, 1982 pursuant to Council Resolution 1033-81, the Council does hereby refer the same to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen. NAYS: Bennett, Taylor, Feenstra, Bishop and McCann. The President declared the resolution DENIED. A roll call vote was taken on the original resolution with the following result: AYES: Taylor, Feenstra, Bishop and McCann. NAYS: *Bennett and *Gundersen. The President declared the resolution ADOPTED. *Councilman Bennett made the following statement: My 'no' vote was cast because I thought that the proposed Ordinance amendment was too restrictive. *Councilwoman Gundersen made the following statement: I feel the Ordinance needs more work. 19747 By Councilman Bennett, seconded by Councilman Taylor, it was Iftw #135-82 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated February 15, 1982, submitted pursuant to Council Resolution 457-80, and the City Engineer having filed with the City Clerk a statement dated February 22, 1980 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 21, 1980, 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 removal and replacement of badly deteriorated sections of the existing pavement and resurfacing the roadway with 2 to 2-1/2 inches of bituminous concrete on Barkley Avenue, Bonnydale Drive, Nye Road and Nye Court (portions of Bonnydale Subdivision No. 2 and Lyndon Manor Subdivision) in the N.W. 1/4 of Section 23, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement dated February 22, 1980; (4) determine that the estimated cost of such improvement is $33,946.87, (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 15% ($5092.03) and that the balance of said cost and expense of said public improvement amounting to $28,854.84 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in five (5) annual installments together with interest thereon on the unpaid 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. 1/4 of Section 23, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as containing the following property: Lots lb, 2, 3, 6 through 18 and 20 through 42, of Bonnydale Subdivision No. 2. also Lots 28 through 36 of Lyndon Manor Subdivision. 19748 (9) that the City Assessor is hereby directed to prepare a special Imo 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 2-511 of the said Code. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. ImoBy Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #136-82 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated February 15, 1982, submitted pursuant to Council Resolution 601-79, in connection with a communication from the City Engineer, dated May 21, 1979, approved by the Director of Public Works and approved for submission by the Mayor, on the question of whether or not to install sidewalks on Seven Mile Road adjacent to the Quaker Acres property for an estimated cost of $1300.00, the Council does hereby determine to take no further action at this time (inasmuch as the sale of this property is anticipated). By Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #137-82 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated February 15, 1982, submitted pursuant to Council Resolution 15-81, in connection with a communication from Dr. Anthony Laframboise, 31180 West Six Mile Road, Livonia, Michigan 48152, relative to a backyard drainage problem, the Council does hereby determine to take no further action at this time inasmuch as adjacent property owners do not appear to be interested and will not grant necessary easements in this regard. Councilman Bishop gave first reading to the following Ordinance: 19749 AN ORDINANCE ADDING SECTION 2.11 TO ARTICLE II AND AMENDING ARTICLE XXVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." RE: PETITION 81-9-6-8 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. Councilman Bishop invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. low 'Councilman McCann was excused at 8:55 P. M. By Councilman Taylor, seconded by Councilman Feenstra, it was #138-82 RESOLVED, that having considered a communication from the City Planning Commission, dated December 29, 1981, which transmits its resolu- tion 12-212-81 adopted on December 15, 1981, with regard to Petition 81-11-2-25 submitted by the Livonia Public Schools requesting waiver use approval to establish a general office use within an existing building located on the north side of Munger, west of Middlebelt Road, in the Northeast 1/4 of Section 14, which property is zoned P.L., the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 81-11-2-25 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: Bennett, Taylor, Feenstra, Gundersen, and Bishop. NAYS: None. *Councilman McCann returned at 8:56 P. M. By Councilman Taylor, seconded by Councilman Feenstra, it was #139-82 RESOLVED, that having considered a communication dated February 4, 1982 from the Department of Law transmitting for Council acceptance a Grant of Easement more particularly described as: 19750 low Grant of Easement, dated January 27, 1982, executed by C. P. Moore, Vice President and A. G. DeBoer, Investment Manager, Prudential Insurance Company of America, a New Jersey Corporation, for: The centerline of a twenty (20) foot wide easement being more particularly described as commencing at a point on the East line of Hubbard Avenue (60 ft. wide) distant S. 0° 05' 04" W., 28 feet from the Northwest lot corner of Lot 15, "Farmington-Plymouth Industrial Complex" Subdivision, as recorded in Liber 94, Pages 46, 47, 48 and 49, Wayne County Records, said subdivision being part of the South 1/2 of Section 27, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan; said point being the Point of beginning of the centerline of the twenty (20) foot easement herein described; proceeding thence S. 89° 54' 56" E., 200.0 feet to a point; thence S. 67° 24' 56" E., 55.0 feet to the point of ending of the said twenty (20) foot wide easement. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do law all other things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilman Taylor, it was #140-82 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated February 8, 1982, with regard to a request by Isa Jamil Mufarreh to add space to include 27849 W. Seven Mile Road, Livonia, to his 1981-82 SDD-SDM licensed premises located at 27845 W. Seven Mile Road, Livonia, Michigan 48152, Wayne County, the Council does hereby recommend that the Liquor Control Commission deny the said request inasmuch as this application would be in violation of and in noncompliance with the requirements prescribed by the Livonia Zoning Ordinance 543, as amended; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. 19751 By Councilman Bishop, seconded by Councilman Bennett, and unanimously 0. adopted, it was #141-82 RESOLVED, that having considered a communication from the Depart- ment of Law, dated February 18, 1982, in connection with proposed licensing fees for amusement devices, the Council does hereby refer the same to the Committee of the Whole for further consideration. By Councilman Taylor, seconded by Councilman Feenstra, it was #142-82 RESOLVED, that having considered a communication from the Superintendent of Public Service, dated February 17, 1982, which is recommended and approved by the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine as follows: 1. to appropriate $32,614.86 to the Road Maintenance Contractural Services Account (101-463-818.020.000) by increasing the Road Maintenance Transfer Account (101-463-788.020.000) in the same amount. 2. to authorize payment for emergency snow removal services to each contractor in accordance with Section 2-213(d)(1) of the Finance Ordinance, as follows: a. B&V Construction, Inc., 25301 Novi Road, Novi, Michigan 48050 - $29,509.86; and b. Nagle Paving Company, 30630 West 12 Mile Road, Suite A, Farmington Hills, Michigan 48018 - $3,105.00; the foregoing action being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilwoman Gundersen, it was #143-82 RESOLVED, that having considered a communication from the City Planning Commission, dated February 18, 1982, which transmits its resolu- tion 2-24-82 adopted on February 16, 1982, with regard to a Sign Plan submitted in connection with Petition 79-10-8-31 by Topeka Inn Management, Inc., requesting approval of all plans required by Section 18.47 in connection with a proposal to construct a Holiday Inn Motel and restaurant and lounge on the north side of Six Mile Road between Newburgh and the I-275 Freeway in the Southeast 1/4 of Section 7, pursuant to the provi- sions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby concur in the recommendation of the Planning Commis- sion and the sign plan submitted in connection with Petition 79-10-8-31 is hereby approved, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. 19752 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Taylor, Feenstra, Gundersen, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #144-82 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 Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was #145-82 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 5.293+; MCLA 125.58+), as well as Article XXIII of Ordinance No. 513, 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, March 29, 1982, at 7:00 P.M. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item: Petition 82-1-1-1, submitted by Anthony Skover, Thomas O'Rourke and Louie Mancinelli, for a change of zoning of property located on the east side of Haggerty Road between Seven Mile and Phillips Road in the Southwest 1/4 of Section 6, from M-1 to C-2, the City Planning Commission in its resolution 2-26-82 having recommended to the City Council that Petition 82-1-1-1 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change 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 L to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and, further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. 19753 By Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, this 976th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:07 P. M., February 24, 1982. Ifm4edif: 741‘1% ROBERT F. NASH, CITY CLERK