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HomeMy WebLinkAboutCOUNCIL MINUTES 1985-04-24 21583 MINUTES OF THE ONE THOUSAND AND FIFTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 24, 1985, 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 8.05 p m Councilman Ventura delivered the invocation. Roll was called with the following result. Robert R Bishop, Peter A. Ventura, Robert E McCann, Fernon P Feenstra, Alice Gundersen, Gerald Taylor and Robert D. Bennett. Absent. None. Elected and appointed officials present Robert F Nash, City Clerk, Harry Tatigian, City Attorney, Jack Dodge, Director of Finance, Russell A. Gronevelt, Director of Public Works, G E. Siemert, City Engineer, John Nagy, Planning Director, Suzanne 10 Wisler, Director of Community Resources, Edith Davis, Personnel Director, Ron Mardiros, City Assessor, Robert Smith, Chief Librarian, David Katz, Administrative Assistant to the Mayor, Marilyn Kazmer, Director of the Department of Legislative Affairs, Jeanne Treff, Program Supervisor of Cable Television and Lowell Peterson, Norman Natiw, Patricia Mies and Joan McCotter of the Cable TV Commission. By Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #269-85 RESOLVED, that the minutes of the 1 ,052nd Regular Meeting of the Council of the City of Livonia, held April 10, 1985, are hereby approved. By Councilman Ventura , seconded by Councilman Bennett, and unanimously adopted*, it was #270-85 RESOLVED, that the minutes of the 192nd Special Meeting of the Council of the City of Livonia, held April 22, 1982, are hereby approved *Councilman Taylor abstained from voting which is recorded as a "Yes" vote under the 21584 provisions of Section 2-119 of the Livonia Code of Ordinances. The following resolutions were offered by Councilman Feenstra, and seconded by Councilman McCann #271-85 RESOLVED, that having considered the report and recom- mendation of the City Engineer and the Superintendent of Public Service dated March 13, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of P.K. Contracting Inc , P O. Box 184, Clawson, Michigan 48017, for the 1985 Lane Line Marking Program (Contract 85-E) , for the estimated total cost of $7,928 70, based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon 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, further, the Council does hereby appropriate and authorize the expenditure of the sum of $7,928.70 from Account No. 202-463-818-118 for this purpose; and the City Engineer is hereby authorized to approve minor adjust- ments in the work as may be 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. #272-85 RESOLVED, that having considered the report and recom- mendation of the Director of Finance dated April 4, 1985, approved for submission by the Mayor with regard to bids received for printing, the Council does hereby determine to accept the unit price bid of Specialty Advertising, Inc. , 10833 Farmington, Livonia, Michigan 48150, with respect to the printing of envelopes and letterhead and the bid of Progressive Printing & Publishing, 775 Davis, Plymouth, Michigan 48170, for the balance of the printing items set forth in the attachment to the aforesaid communication, the action herein being taken for the reason that the aforesaid bids are the lowest received on a majority of the items requested. #273-85 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated April 2, 1985, approved by the Director of Finance and approved for submis- sion by the Mayor, the Council does hereby accept the bid of Nagle Paving Company, 30630 W Twelve Mile Road, Farmington Hills, Michigan 48018, for supplying the Public Service Division (Road Maintenance Section) with the Bituminous Materials specified below at the unit prices bid through April 15, 1986, the same having been in fact the lowest bid received which meets specifications: Material to be Furnished Unit Price Bid 21585 M.D.O.T. 12WM Asphaltic Concrete $25.00 per ton M.D.O.T. 1100 Asphaltic Concrete $23 25 per ton Cold Patch Asphaltic Material (delivered) $33.00 per ton further, that in the event the low bidder is unable to furnish the above Bituminous Materials on any given day, the bid of Detroit Concrete Products Corporation, 44300 Grand River, P.O. Box 605, Novi , Michigan 48050, which also meets specifications, is accepted as an alternate to supply the Public Service Division (Road Maintenance Section) with M.D.O.T. 12WM Asphaltic Concrete at the unit price of $27.00 per ton through April 15, 1986; further, that the bid of Holloway Construction Co. , 29250 Wixom Road, P.O. Box 347, Wixom, Michigan 48096, which also meets specifications, is accepted as an alternate to supply the Public Service Division (Road Maintenance Section) with M.D.O.T. 1100 Asphaltic Concrete at the unit price of $25.50 per ton through April 15, 1986; and further, that in the event the lowest bidder is unable to furnish the Cold Patch Asphaltic Material on any given day, the second lowest bid of Cadillac Asphalt Paving Company, 27575 Wixom Road, P 0. Box 817, Novi , Michigan 48050, which also meets specifications for this item, is accepted as an alternate to supply the Public Service Division (Road Maintenance Section) with Cold Patch Asphaltic Material at the unit price of $33.40 per ton delivered through April 15, 1986. 1274-85 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated April 2, 1985, approved by the Director of Finance and approved for submis- sion by the Mayor, with regard to the employment of outside contractors to assist road maintenance personnel in a City-wide effort to plow snow from all City streets on March 3-4, 1985, the Council does hereby determine in accordance with Section 3.04.140.D.1 . of the Livonia Code of Ordinances to authorize the payment of the following charges for services rendered in connection with the aforesaid snow emergency. (1 ) The sum of $11 ,844.38 to B & V Construction, Inc. , 25301 Novi Road, P 0. Box 695, Novi , Michigan 48050-0695; and (2) The sum of $2,880.50 to Albert A. Dettore & Associates, Inc. , 12550 Farmington Road, Livonia, Michigan 48150. 1275-85 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works dated April 10, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Michigan Joint Sealing, 35970 Quakertown, Farmington Hills, Michigan 48018, for the 1985 Pavement Joint & Crack Sealing Program for the estimated cost of $124,949, based upon the Engineering Division's estimate of units involved, and subject to a final payment based 21586 upon 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 Council does hereby appropriate and authorize the expenditure of a sum not to exceed $124,949 from Major and Local Street Maintenance Account Nos. 202-463-818-117 (Major) and 203-463-818-117 (Local ) for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #276-85 RESOLVED, that having considered the report and recommendation of the Fire Chief dated March 18, 1985, which bears the signature of the Director of Finance, is approved by the Director of Public Safety and is approved for submission by the Mayor, the Council does hereby authorize the purchase of five (5) Regency RH 250 Radios for the total sum of $2,250, the said amount to be appropriated and expended from the 1968 Fire Department Bond Issue for this purpose. #277-85 RESOLVED, that having considered a letter from Robert G. Amell , 9921 Cranston Avenue, Livonia, Michigan 48150, dated March 21 , 1985, requesting permission to close Cranston between Elmira and Orangelawn on Monday, May 27, 1985 from 12.00 Noon until dusk (approximately 8:30 - 9 00 P.M. ) for the purpose of conducting an annual block party, the Council does hereby grant permission as requested, the action taken herein being made subject to approval bf the Police Department #278-85 RESOLVED, that having considered a letter from Gertrude Concilla, 18670 Lathers, Livonia, Michigan 48152, received by the office of the City Clerk on April 1 , 1985, wherein a request is submitted for the paving of Lathers south of Seven Mile Road, the Council does hereby refer this item to the Engineering Division for its report and recommendation. #279-85 RESOLVED, that the Council does hereby request that the Traffic Commission submit its report and recommendation relative to the lack of weight restriction signs on Lathers south of Seven Mile Road. #280-85 RESOLVED, that having considered a letter from Robert C. Innes, 35961 Roycroft, Livonia, Michigan 48154, dated April 1 , 1985, with regard to the appearance of a professional building located at 35900 Five Mile Road, Livonia, Michigan, and the protective wall which was constructed therewith, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. #281-85 RESOLVED, that the Council does hereby refer to the Legis- lative Committee, for its report and recommendation, the question 21587 of whether or not Ordinance 543, the Zoning Ordinance, should be revised and amended so as to require the approval of the City Council of all site plans for commercial developments, including those which are under five (5) acres in size, and for all professional service developments, including those which are under two (2) acres in size. #282-85 RESOLVED, that having considered a communication from the Department of Law dated April 1 , 1985, and submitted pursuant to Council Resolution 53-85 for a proposed amendment to Title 6, Chapter 4 of the Livonia Code of Ordinances, which would require an annual inspection of all licensed dog kennels by the Animal Control Officer, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. #283-85 RESOLVED, that having considered a communication from the City Planning Commission dated April 2, 1985, which transmits its resolution 3-54-85 adopted on March 19, 1985 with regard to Petition 85-2-3-2, submitted by the City Planning Commission to vacate an easement located on the southeast corner of Seven Mile and Haggerty Roads in the Northwest 1/4 of Section 7, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve said Petition 85-2-3-2, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. #284-85 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5.2934, MCLA 125.584) , as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, May 20, 1985 at 8:00 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items. (1 ) Petition 85-2-1-6, submitted by Arthur E. & Eugene F. Pulice for a change of zoning of property located on the west side of Hubbard Road, north of Five Mile Road in the Southwest 1/4 of Section 15 from R-1 and P to P S , the City Planning Commission in its resolution 3-48-85 having recommended to the City Council that Petition 85-2-1-6 be denied, and (2) Petition 85-2-1-7, submitted by Jan A Buedel for Taco Bell for a change of zoning of property located on the west side of Farmington Road, south of Seven Mile Road in the Northeast 1/4 of Section 9 from R-3 to P. , the City Planning Commission in its resolution 3-49-85 having recommended to the City Council that Petition 85-2-1-7 be denied, 21588 further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. #285-85 WHEREAS, the City of Livonia has received a request from TnT - EDM, Inc. , dated April 3, 1985, which submits an application proposing the establishment of an industrial development district, and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia; and WHEREAS, there is located within the boundaries of the City of Livonia the following described property Lot 4, except Westerly 30' , Lot 5 and 6, except Easterly 12 feet,Trerice Observer Project Subdivision, City of Livonia; which is hereinafter referred to as "proposed City of Livonia Industrial Development District No. 26"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows: 1 . The City Clerk is directed to give written notice by certi- fied mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No. 26 2. This City Council sets Monday, May 20, 1985 at 8.00 P.M. as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above. 3. This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed 21589 above so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above. A roll call vote was taken on the foregoing resolutions with the following result: AYES Ventura, McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop. NAYSNone. On a motion by Councilwoman Gundersen, seconded by Councilman Taylor, and unanimously adopted, it was #286-85 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated April 3, 1985, and submitted pursuant to Council Resolution 46-85 in connection with a communication from the City Engineer dated January 7, 1985, approved for submission by the Mayor and submitted pursuant to Council Resolution 987-84 with regard to a request from Louise F. Bledsoe, 11426 Ingram, requesting installation of sidewalks on Elmira, between Merriman and Hubbard, the Council does hereby determine to take no further action On a motion by Councilwoman Gundersen, seconded by Councilman Ventura, it was #287-85 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated April 3, 1985, and submitted pursuant to Council Resolution 61-85 in connection with the replacement of pavement on Ellen Drive from Five Mile Road to 700' North, by the use of Motor Vehicle Highway Fund monies, the Council does hereby determine that the foregoing pavement project should not be included with the maintenance and road improvement projects previously authorized in Council Resolution 61-85, further, the Council does hereby refer the said Ellen Drive Pavement Replacement Project back to the City Engineer for a report and recommendation regarding a feasibility study for the establishment of a special assessment district for the said road improvement. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Feenstra, Gundersen, Taylor, Bennett, Bishop. NAYS McCann. The President declared the resolution adopted. 21590 On a motion by Councilwoman Gundersen, seconded by Councilman Feenstra, and unanimously adopted, it was #288-85 RESOLVED, that having considered the report and recommenda- tion of the Streets, Roads and Plats Committee dated April 3, 1985 and submitted pursuant to Council Resolution 885-84 in connection with a communication from the City Engineer dated September 25, 1984, approved by the Planning Director, approved for submission by the Mayor and which is submitted pursuant to Council Resolution 623-84, with regard to construction of a curb cut for a drive approach at the proposed Quality Inn Hotel which is to be located on the South side of Six Mile Road, immediately East of the 1-96/275 Freeway, the Council does hereby take this means to advise the Michigan Department of Transportation of its full support for the installation of a curb opening to Six Mile Road at the site of the proposed Quality Inn Motel to be constructed east of the 1-96/275 Expressway and west of South Laurel Park Drive, for the reasons as contained in the letter received from the City Engineer and Planning Director relative to this matter. Councilman Taylor took from the table, for second reading and adoption, the following ordinance. AN ORDINANCE REPEALING ARTICLE 1 , SECTION 010, 020 AND 030 OF TITLE 2, CHAPTER 24 (DEPARTMENT OF PUBLIC WORKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Ventura, McCann, Feenstra , Gundersen, Taylor, Bennett, Bishop. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #289-85 RESOLVED, that having considered the report and recommenda- tion of the Legislative Committee dated April 8, 1985 and submitted pursuant to Council Resolution 797-84, the Council does hereby request that the Department of Law submit its report and recommendation relative to establishing by ordinance the zoning compliance section of the Planning Department. 21591 Councilman Ventura took from the table, for second reading and adoption, the following ordinance. AN ORDINANCE AMENDING TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING THERETO CHAPTER 2 25 ENTITLED "ENGINEERING AND BUILDING ." A roll call vote was taken on the foregoing Ordinance with the following result• AYES• Ventura, McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop. NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #290-85 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated April 8, 1985 and submitted pursuant to Council Resolution 799-84 in connection with a communication from the Mayor dated August 28, 1984 to which is attached the proposed amendment to Article 2 of Title 2, Chapter 24 of the Livonia Code of Ordinances which ordinance would revise the Water and Sewer Division of the Department of Public Works so as to provide for the Office of the Public Utility Manager, as well as transfer certain functions from the City Clerk to the Director of Finance, the Council does hereby refer this item to the Director of Public Works and the City Engineer for their respective reports and recommendations Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 020 AND 040, 050, 060, AND 080 OF TITLE 2, CHAPTER 76 (LIBRARY COMMISSION) 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 . 21592 On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #291-85 RESOLVED, that having considered the report and recomrenda- tion of the Legislative Committee dated April 8, 1985 and submitted pursuant to Council Resolution 1064-84 in connection with a communi- cation from the Personnel Director dated November 30, 1984, approved by the Director of Finance and approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on November 15, 1984 wherein it is recommended that the title of Chief Librarian be changed to Director of Libraries, the Council does hereby refer this item back to the Civil Service Comrrission for a report and recommendation on changing the title of Chief Librarian to City Librarian On a motion by Councilwoman Gundersen, seconded by Councilman Feenstra, it was RESOLVED, that having considered the report and recommenda- tion of the Computer Committee dated April 15, 1985 and submitted pursuant to Council Resolution 244-85 in connection with a communica- tion from the Director of Finance dated March 25, 1985, approved for submission by the Mayor, wherein it is recommended that the City retain the firm of Plante & Moran for installation management services for the proposed computer installation, the Council does hereby approve and accept the proposal from Plante & Moran to provide the City with said installment management services and for this purpose requests that the City Attorney negotiate a contract with Plante & Moran and upon preparation submit said contract to the City Council for approval , further, the Council does hereby approve the employment of an information systems director as an in-house management person working in conjunction with Plante & Moran. On a motion by Councilman McCann, seconded by Councilman Ventura, it was #292-85 RESOLVED, that the two questions involved in the foregoing resolution be divided so as to require a separate vote with respect to each. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, McCann, Gundersen, Taylor, Bennett, Bishop NAYS: Feenstra. L The President declared the resolution adopted. 21593 A roll call vote was taken on the question of approval of the Plante & Moran proposal on the original motion as follows. #293-85 RESOLVED, that having considered the report and recommenda- tion of the Computer Committee dated April 15, 1985 and submitted pursuant to Council Resolution 244-85 in connection with a communication from the Director of Finance dated March 25, 1985, approved for submission by the Mayor, wherein it is recommended that the City retain the firm of Plante & Moran for installation management services for the proposed computer installation, the Council does hereby approve and accept the proposal from Plante & Moran to provide the City with said installment management services and for this purpose requests that the City Attorney negotiate a contract with Plante & Moran and upon preparation submit said contract to the City Council for approval . AYES: Ventura, McCann, Feenstra, Gundersen , Taylor, Bennett, Bishop. NAYS. None. On a motion by Councilman McCann, seconded by Councilman Ventura , and unanimously adopted, it was 1294-85 RESOLVED, that having considered the report and recommendation of the Computer Committee dated April 15, 1985 and submitted pursuant to Council Resolution 244-85 in connection with a communication from the Director of Finance dated March 25, 1985, approved for submission by the Mayor, the Council does hereby refer to the Committee of the Whole the question of the employment of an information systems director as an in-house management person working in conjunction with Plante & Moran. On a motion by Councilman Ventura, seconded by Councilman Taylor, it was #295-85 RESOLVED, that having considered the report and recommenda- tion of the Committee of the Whole dated April 17, 1985 and submitted pursuant to Council Resolution 243-85 in connection with a communication from the Director of Finance dated March 21 , 1985 approved for submission by the Mayor, wherein it is requested that the administration be authorized to negotiate a contract with New World Systems and IBM as vendors for computer systems and software for the City, utilizing the assistance of Plante & Moran and the City Attorney, the Council does hereby approve the foregoing recommendation in principle and does for this purpose authorize the Department of Law to negotiate a contract with New World Systems and IBM as vendors for computer systems and software for the City, which upon preparation thereafter shall be submitted to the City Council for its approval . 21594 On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was RESOLVED, that the foregoing resolution be amended so as to include the proposal of the Burroughs Corporation as a secondary vendor in the event that negotiations with IBM fail . A roll call vote was taken on the motion to amend with the following result: AYES Ventura, Feenstra , Bennett NAYS McCann, Gundersen , Taylor, Bishop The President declared the motion to amend denied A roll call vote was taken on the original motion as follows AYES• Ventura, McCann, Gundersen, Taylor, Bennett, Bishop. NAYS Feenstra. The President declared the resolution adopted On a motion by Councilman Bennett, seconded by Councilman Feenstra, it was 1296-85 RESOLVED, that having considered the report and recommenda- tion of the Committee of the Whole dated April 17, 1985, in connec- tion with a letter from the Livonia Cable Television Commission dated April 9, 1985, which bears the signature of the Director of Community Resources and is approved for submission by the Mayor Pro Tem, and which transmits Livonia Cable Television Commission Resolution 40-85 regarding community access programming, the Council does hereby concur in and approve of all channel designations as recommended herein with the exception, however, that Channel 8 shall herein be approved as the government channel in lieu of Channel 13. Councilman Ventura made the following motion RESOLVED, that the foregoing resolution be amended to approve Channel 9 as the government channel in lieu of Channel 13 The foregoing motion to amend failed for lack of support. 21595 A roll call vote was taken on the original motion with the following result. AYES: McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop. NAYS: Ventura. The President declared the motion adopted On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, it was. #297-85 RESOLVED, that the proposed amendment to the Zoning Ordinance with regard to Petition 84-8-1-26 by the City Planning Comnission for a change of zoning on property located on the Northwest corner of Six Mile Road and Newburgh Road in the Southeast 1/4 of Section 7 from C-2 to P.O. , which proposed amendment has received First Reading by Councilman Taylor, be referred to the Comuittee of the Whole for its report and recomnendation. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, McCann, Gundersen, Taylor, Bennett, Bishop NAYS: Feenstra. The President declared the resolution adopted Councilman Taylor took from the table, for second reading and adoption, the following ordinance: AN ORDINANCE AMENDING SECTION 170, SUB-PARAGRAPHS 25a AND 25b OF TITLE 5, CHAPTER 03 (GENERAL LICENSING PROCEDURE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 21596 LA roll call vote was taken on the foregoing Ordinance with the following result AYES: Ventura, Feenstra, Gundersen, Taylor, Bennett. NAYS• McCann, Bishop. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett took from the table, for second reading and adoption, the following ordinance AN ORDINANCE AMENDING SECTION 18 50E OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE". (Petition 83-3-6-1 , Sign Regulations for Commercial Districts) A roll call vote was taken on the foregoing Ordinance with the following result: L AYES Ventura, McCann, Feenstra, Gundersen , Taylor, Bennett, Bishop. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor took from the table, for second reading and adoption, the following ordinance• AN ORDINANCE AMENDING SECTION 18 50E OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition 84-3-6-3, Sign Regulations for R-E and Industrial Districts) A roll call vote was taken on the foregoing Ordinance with the following result AYES• McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop NAYS Ventura. The President declared the foregoing Ordinance duly adopted, and would become effective on publication 21597 Councilman McCann took from the table, for second reading and adoption, the following ordinance• AN ORDINANCE AMENDING SECTION 7 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. (Petition 84-10-1-30, rezoning from R-8II to P 0 II) A roll call vote was taken on the foregoing Ordinance with the following result. AYES. Ventura, McCann, Feenstra, Gundersen , Taylor, Bennett, Bishop. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Taylor took from the table for second reading and adoption, the following ordinance AN ORDINANCE AMENDING SECTION 7 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. (Petition 84-11-1-32, change of zoning from R-9III to P.O.-II) A roll call vote was taken on the foregoing Ordinance with the following result AYES: Ventura, McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop. NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman McCann took from the table, for second reading and adoption, the following ordinance. AN ORDINANCE AMENDING SECTION 050 (7) OF TITLE 2, CHAPTER 96 (RETIREMENT PLAN) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 21598 On a motion by Councilman Bennett, seconded by Councilwoman Gundersen, it was RESOLVED, that the proposed amendment to the Livonia Code of Ordinances which amends Section 2.96.050 in connection with the Retirement Plan, is hereby referred to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing motion to refer with the following result. AYES Gundersen, Bennett. NAYS: Ventura, McCann, Feenstra, Taylor, Bishop. The President declared the motion to refer denied. A roll call vote was taken on the foregoing Ordinance with the following result AYES Ventura, McCann, Feenstra, Taylor, Bishop NAYS Gundersen, Bennett. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman McCann took from the table, for second reading and adoption, the following ordinance AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3. THERETO. (Petition 85-1-1-4, change of zoning from R-3A and RUFB to R-9) A roll call vote was taken on the foregoing Ordinance with the following result AYES. Ventura, McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication 21599 Councilman Bennett gave first reading to the following ordinance AN ORDINANCE AMENDING SECTION 32 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. (Petition 84-8-1-27, change of zoning from RUF and P to R-1 and 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 . On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was 1298-85 RESOLVED, that having considered the report and recommenda- tion of the Director of Public Works dated March 28, 1985 approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Wolverine Oil & Supply Co. , Inc. , 7720 W Chicago, Detroit, Michigan 48204, for supplying the Public Service Division (Equipment Maintenance Section) with Motor and Hydraulic Oil items at the unit prices bid for the period through May 1 , 1986 and for the total estimated cost of $5,930 00, the same having been in fact the lowest bid received which meets specifications. A roll call vote was taken on the foregoing resolution with the following result AYES. Ventura, McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop NAYS None. On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was 1299-85 RESOLVED, that having considered the report and recommenda- tion of the Director of Community Resources dated April 12, 1985, approved by the Director of Finance and approved for submission by the Mayor Pro Tem, the Council does hereby accept the bid of Childers Print & Graphics, Inc. , 15700 Harper Ave. , Detroit, Michigan, for printing and supplying 50,000 copies of a "A Guide to Livonia City Services", for the price of $17,633.00, the same 21600 having been in fact the lowest bid received and meets specifications, and the Council does hereby appropriate the additional sum of $7,000 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result. AYES Ventura, McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop. NAYS None. On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, it was 1300-85 RESOLVED, that having considered the report and recommenda- tion of the City Attorney and the Chief of Police dated April 2, 1985, approved by the Director of Finance and approved for submission by the Mayor in connection with a communication from the City Clerk dated February 26, 1985 which transmits a letter from Diane Purcell describing an automobile accident which took place on September 29, 1984 involving a police car, the Council does hereby approve and authorize the settlement of the claim of Ms. Purcell in an amount not to exceed $400 and does for this purpose appropriate and authorize the expenditure of the sum of $400 from the Damage Claims Account. A roll call vote was taken on the foregoing resolution with the following result. AYES Ventura, McCann, Gundersen, Taylor, Bennett, Bishop. NAYS Feenstra The President declared the resolution adopted. On a motion by Councilwoman Gundersen, seconded by Councilman Ventura, it was 1301-85 RESOLVED, that having considered a communication from the Court Administrator and the Judges of the 16th District Court dated April 15, 1985, approved by the Director of Finance, the Council does hereby authorize the purchase of a Three-Work Station Center Core Podular Office Spacemaker from Information Retrieval Systems Inc. , 33150 Schoolcraft, Livonia, Michigan 48150, for the price of $3,998.00, including delivery and installation, the same to be appropriated and expended from funds currently budgeted for this purpose; further, the Council does hereby authorize the said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accord- 21601 ance with the provisions set forth in Section 3 04.140.D.4 & 5 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolution with the following result: AYES. Ventura, McCann, Feenstra, Gundersen , Taylor, Bennett, Bishop NAYS None. On a motion by Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #302-85 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated March 15, 1985 and the report and recommendation of the Chief of Police dated March 26, 1985, in connection therewith, the Council does hereby approve of the request from Perry Drug Stores, Inc. , stockholders in Apex Drug Stores, Inc. to transfer all stock interest from existing stock- holders Spencer Partrich, Mickey Shapiro and James Devine to Perry Drug Stores, Inc in 1984 SOD and SDM licensed business located at 29350 Plymouth Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Comaission. On a motion by Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #303-85 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated March 15, 1985, and the report and recommendation of the Chief of Police dated March 26, 1985 in connection therewith, the Council does hereby approve of the request from Perry Drug Stores, Inc. , stockholder in Apex Drug Stores, Inc. to transfer all stock interest from existing stock- holders Spencer Partrich, Mickey Shapiro and James Devine to Perry Drug Stores, Inc. in 1984 SOD and SDM licensed business located at 33251 Plymouth Road, Livonia, Michigan, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was 41304-85 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated March 15, 1985, and the report and recommendation of the Chief of Police dated March 26, 1985 in connection therewith, the Council does hereby approve of the 21602 request from Perry Drug Stores, Inc. , stockholder in Apex Drug Stores, Inc. to transfer all stock interest from existing stockholders Spencer Partrich, Mickey Shapiro and James Devine to Perry Drug Stores, Inc in 1984 SDD and SDM licensed business located at 37980 Ann Arbor Road, Livonia, Michigan, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Councilman Ventura , seconded by Councilman Feenstra, and unanimously adopted, it was #305-85 RESOLVED, that having considered the report and recommenda- tion of the City Engineer dated March 26, 1985, which bears the signature of the Director of Finance and is approved by the Mayor and City Attorney, the Council does hereby authorize the employment of Mr. Charles W Allen, Jr. , MAI , SRPA, to provide the City with an appraisal of the right-of-way on Plymouth Road in front of Parcel #36Al2, as well as authorize the completing of title search required with respect to this item, and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $400 from the City's Motor Vehicle Highway Fund receipts (Major Road Account) for this purpose On a motion by Councilman Taylor, seconded by Councilman Ventura, it was #306-85 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 26, 1985, which bears the signature of the Director of Finance and is approved by the Mayor and City Attorney, wherein it is recommended that an appraisal be obtained in connection with the proposed securing of right-of-way on Plymouth Road in front of Parcel 36A9A, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result. AYES. Ventura, McCann, Feenstra, Gundersen , Taylor, Bennett. NAYS• Bishop The President declared the resolution adopted On a motion by Councilman Ventura, seconded by Councilman Feenstra, and Lunanimously adopted, it was #307-85 RESOLVED, that having considered a communication from the City Treasurer dated April 1 , 1985, wherein she has requested authorization to represent the City of Livonia in the Small Claims 21603 Division of the 16th District Court in seeking recovery from delin- quent taxpayers in cases which involve sums which do not exceed $1 ,000, the Council does hereby approve this request in the manner and form herein submitted. On a motion by Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was #308-85 RESOLVED, that having considered the report and recommendation of the Department of Law, dated April 1 , 1985, approved by the Planning Director and approved for submission by the Mayor, the Council does hereby authorize the execution of the attached Order Revising Consent Judgment in Wayne County Circuit Court Civil Action No. 73-235450-CZ, entitled Stanley E. Hayes and Gladys B Hayes, his wife, and Stanley E. Hayes, Inc. , a Michigan Corporation, vs. City of Livonia, a municipal corporation. On a motion by Councilman Ventura, seconded by Councilman Taylor, it was #309-85 RESOLVED, that having considered a communication from the City Planning Commission dated April 3, 1985, which transmits its resolution 3-55-85, adopted on March 19, 1985, with regard to Petition 85-1-2-2, submitted by Midwest Moving requesting waiver use approval to locate a moving and storage business within an existing building located on the east side of Wayne Road between Industrial Road and the 1-96 Freeway in the Northwest 1/4 of Section 28, which property is zoned M-1 , the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 85-1-2-2 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission A roll call vote was taken on the foregoing resolution with the following result. AYES. Ventura, McCann, Gundersen, Taylor, Bennett, Bishop. NAYS. Feenstra. The President declared the resolution adopted On a motion by Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #310-85 RESOLVED, that having considered a communication from the City Planning Commission dated April 1 , 1985 which transmits its resolution 3-52-85, adopted on March 19, 1985, with regard to Petition 85-2-2-6, submitted by the Leather Bottle Inn requesting 21604 waiver use approval to construct an addition to an existing restaurant located on the east side of Farmington Road, south of Eight Mile Road in the Northwest 1/4 of Section 3, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 85-2-2-6 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 Comiission. On a motion by Councilman Ventura , seconded by Councilman Feenstra, and unanimously adopted, it was 1311-85 RESOLVED, that having considered a communication from the attorney for SIJL Development Company dated March 25, 1985, and before determining to install paving and drainage on a proposed East-West Industrial Road between Merriman and Hubbard, and on Hubbard between the proposed Industrial Road and the I-96 south service drive in the North 1/2 of Section 27, and before also determining to install sanitary sewers in connection with the aforesaid proposed development, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 3.08 060 of the Livonia Code of Ordinances, as amended. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was 1312-85 RESOLVED, that having considered a communication from the Hearing Officer (City Engineer) , dated February 20, 1985, approved for submission by the Mayor, with regard to a request to demolish a house located at 27475 Six Mile Road, Livonia, Michigan, the legal description of which is as follows. Lot 150, except the South 110 feet thereof, Park Woods Subdivision, as recorded in Liber 67, Page 13, Wayne County Records, said subdivision being a part of the N E. 1/4 of Section 13, T.1S , R.9E. , Livonia Township (now City of Livonia) , Wayne County, Michigan 21605 and the Council having conducted a public hearing with respect to this matter on April 15, 1985, pursuant to Council Resolution 158-85, and based upon the testimony and evidence presented, and having reviewed the file and the order for demolition of the Hearing Officer, the Council does hereby determine in accordance with provisions set forth in Section 15.52 150 of the Livonia Code of Ordinances, as amended, to concur in and approve the order of demolition of the Hearing Officer, further, the owner or owners of the structure in question are hereby requested to demolish the same or in lieu thereof upon the expiration of a 60-day period, the Department of Public Works is hereby authorized to do all things necessary to accomplish the demolition of the said structure in accordance with provisions of City ordinance and law, the cost of which is to be borne by the owner or owners of the said property in accordance with Section 15.52.180 of the Livonia Code of Ordinances. On a motion by Councilman Feenstra, seconded by Councilman McCann, and unanimously adopted, it was #313-85 RESOLVED, that having considered a communication from the Hearing Officer (City Engineer) dated February 20, 1985, approved for submission by the Mayor, with regard to a request to demolish a house located at 12359 Camden, Livonia, Michigan, the legal description of which is as follows The North 40.0 feet of the South 1922.0 feet of the West 190.0 feet of the East 1/2 of the S W. 1/4 of Section 25, T.1S. , R.9E , City of Livonia, Wayne County, Michigan. and the Council having conducted a public hearing with respect to this matter on April 15, 1985, pursuant to Council Resolution 159-85, and based upon the testimony and evidence presented, and having reviewed the file and the order for demolition of the Hearing Officer, the Council does hereby determine in accordance with the provisions set forth in Section 15 52.150 of the Livonia Code of Ordinances, as amended, to concur in and approve the order of demolition of the Hearing Officer, further, the owner or owners of the structure in question are hereby requested to demolish the same or in lieu thereof upon the expiration of the 20-day period prescribed by City ordinance, the Department of Public Works is hereby authorized to do all things necessary to accomplish the demolition of the said structure in accordance with provisions of City ordinance and law, the cost of which is to be borne by the owner or owners of the said property in accordance with Section 15.52.180 of the Livonia Code of Ordinances. On a motion by Councilman Feenstra, seconded by Councilman Bennett, and 21606 Lunanimously adopted, it was #314-85 RESOLVED, that the Council does hereby determine to defer action with respect to the recommended demolition of 11845 Haller, for a period of 60 days pending a resolution of the question of the legal title and ownership of this property On a motion by Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #315-85 RESOLVED, that the Council does hereby request that the City Attorney submit a report and recommendation relative to the Degree of Notification and/or Title Search required to ascertain the owner of record in connection with the demolition of houses pursuant to Section 15 52.180 of the Livonia Code of Ordinances. Councilman Taylor gave first reading to the following ordinance: AN ORDINANCE AMENDING SECTION 18 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 (Petition 84-11-1-33, change of zoning from R-7 to P.S. , C-2 and P.0 ) 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 Taylor 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: Ventura, McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop. NAYS. None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. LOn a motion by Councilman McCann, seconded by Councilman Feenstra, it was 21607 11* #316-85 WHEREAS, there exists in the City of Livonia (the "City") the need for certain programs to alleviate and prevent conditions of unemployment and to revitalize the City's economy, and to assist industrial and commercial enterprises, and to encourage the location, expansion or retention of industrial and commercial enterprises to provide needed services and facilities to the City and its residents, and WHEREAS, a program to alleviate the aforesaid conditions has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation") , and WHEREAS, the Corporation in conformity with Act No. 338, Public Acts of Michigan, 1974, as amended ("Act No 338") , has prepared and submitted a project plan (the "Project Plan") , provid- ing all information and requirements necessary for an industrial project involving the acquisition, renovation and equipping of a 65,000 square foot manufacturing facility to be owned and operated by Gel , Inc. for the benefit of Gel , Inc and located at 34000 Autry, Livonia, Michigan (the "Project") , and WHEREAS, in conformity with Act No 338 and the Internal Revenue Code of 1954, as amended (the "Code") , this legislative body has conducted a public hearing on the Project, the Project Plan, and the bonds in the maximum aggregate principal amount of not to exceed $3,000,000 proposed therein to be issued by the Corporation to finance all or part of the costs of the project (the "Bonds") , NOW, THEREFORE, BE IT RESOLVED 1 . The Project Plan, as submitted and approved by the Corporation meets the requirements set forth in Section 8 of Act 338, and is hereby approved. 2. The persons who will be active in the management of the project for not less than one year after approval of the Project Plan have sufficient ability and experience to manage the plan properly 3. The proposed methods of financing the Project as outlined in the Project Plan are feasible and this Corporation has the ability to arrange, or cause to be arranged, the financing. 4. The Project as submitted is reasonable and necessary to carry out the purposes of Act No 338, and is hereby approved 5. Issuance by the Corporation of the Bonds in an amount not to exceed $3,000,000, in accordance with the terms set forth in the Project Plan, to finance all or part of the costs of the Project as described herein and in the Project Plan, is hereby approved. 21608 6. Based upon the information submitted and obtained, the Project Plan as submitted and the Project to which it relates serves to alleviate and prevent conditions of unemployment and strengthen and revitalize the City's economy and, therefore, consti- tutes a vital and necessary public purpose. 7. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded A roll call vote was taken on the foregoing resolution with the following result AYES. Ventura, McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop NAYS: None. On a motion by Councilman Ventura, seconded by Councilman Bennett, it was 1317-85 WHEREAS, there exists in the City of Livonia (the "City") the need for certain programs to alleviate and prevent conditions of unemployment and to revitalize the City's economy, and to assist industrial and commercial enterprises, and to encourage the location, expansion or retention of industrial and commercial enterprises to provide needed services and facilities to the City and its residents, and WHEREAS, a program to alleviate the aforesaid conditions has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation") ; and WHEREAS, the Corporation in conformity with Act No 338, Public Acts of Michigan, 1974, as amended ("Act No. 338") , has prepared and submitted a project plan (the "Project Plan"), providing all information and requirements necessary for a project involving the acquisition, construction and equipping of a 60,190 square foot office/engineering/manufacturing facility to be owned and operated and for the benefit of DDP Associates, a Michigan partnership, and located at 12170 Globe, Livonia, Michigan (the "Project"), and WHEREAS, in conformity with Act No 338 and the Internal Revenue Code of 1954, as amended (the "Code") , this legislative body has conducted a public hearing on the Project, the Project Plan, and the bonds in the maximum aggregate principal amount of not to exceed $2,500,000 proposed therein to be issued by the Corporation to finance all or part of the costs of the project (the "Bonds") ; NOW, THEREFORE, BE IT RESOLVED 21609 1 . The Project Plan, as submitted and approved by the Corporation meets the requirements set forth in Section 8 of Act 338, and is hereby approved 2. The persons who will be active in the management of the Project for not less than one year after approval of the Project Plan have sufficient ability and experience to manage the plan properly 3. The proposed methods of financing the Project as outlined in the Project Plan are feasible and this Corporation has the ability to arrange, or cause to be arranged, the financing 4. The Project as submitted is reasonable and necessary to carry out the purposes of Act No. 338, and is hereby approved. 5. Issuance by the Corporation of the Bonds in an amount not to exceed $2,500,000, in accordance with the terms set forth in the Project Plan, to finance all or part of the costs of the Project as described herein and in the Project Plan, is hereby approved. 6. Based upon the information submitted and obtained, the Project Plan as submitted and the Project to which it relates serves to alleviate and prevent conditions of unemployment and strengthen and revitalize the City's economy and, therefore, consti- tutes a vital and necessary public purpose. A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura , McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop NAYS: None. On a motion by Councilman Taylor, secola,ed by Councilman McCann, it was 1318-85 WHEREAS, pursuant to Act No 255 of the Public Acts of 1978, as amended, this Council has the authority to establish commercial redevelopment districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of a commercial redevelopment district encompassing land situated in the City of Livonia comprised of an area of 7.8 acres in the N.W 1/4 of Section 18, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Commercial Redevelopment District No. 2", and WHEREAS, written notice has been given by certified mail to Republic Airlines, Inc. of the Council 's pending action on this resolution 21610 lio and of its right to a hearing on the establishment of proposed City of Livonia Commercial Redevelopment District No. 2, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Commercial Redevelopment District No 2, and WHEREAS, at 7:00 p.m. on April 24, 1985 a public hearing was held on the establishment of proposed City of Livonia Commercial Redevelopment District No. 2, at which time Republic Airlines, Inc. and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council ) , and a representative of Republic Airlines, Inc. attending said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS• 1 . A Commercial Redevelopment District is hereby established, such district to consist of the area described in Exhibit A, attached hereto. 2. Such Commercial Redevelopment District is hereby designated as the "City of Livonia Commercial Redevelopment District No 2 " EXHIBIT A Part of a parcel of land in the Northwest 1/4 of Section 18, Town 1 South, Range 9 east, City of Livonia, Wayne County, Michigan, said part being more particularly described as. Beginning at a point South 0 degrees 11 minutes 58 seconds East, 60.0 feet, South 89 degrees 45 minutes 13 seconct East, 530.0 feet and South 0 degrees 11 minutes 58 seconds East, 140.0 feet from the Northwest corner of Section 18, thence proceeding South 0 degrees 11 minutes 58 seconds East, 130.0 feet, thence North 89 degrees 45 minutes 13 seconds West, 470 0 feet to the existing west line of Haggerty Road, thence, along said west line South 0 degrees 11 minutes 58 seconds East, 380.02 feet to a point on the north line of "Quakertown Subdivision No 1" as recorded in Liber 98 of Plats on Pages 85, 86, 87 and 88, Wayne County Records, thence, along said north line, South 89 degrees 45 minutes 13 seconds East, 880.0 feet, to the west line of Quakertown Lane(as dedicated) 86 feet wide; thence, along said west line, North 0 degrees 14 minutes 47 seconds East, 380 01 feet, thence North 89 degrees 45 minutes 13seconds West, 347.96 feet, thence North 0 degrees 11 minutes 58 seconds West, 130.0 feet, thence North 89 degrees 45 minutes 13 seconds West, 65.0 feet to the Point of Beginning, subject to the rights of the public and of any governmental agency in any existing rights-of-way, also, subject to easements of record, if any, and containing 7.884 acres of land, more or less Also an easement, 65 feet wide, for ingress and egress and the use 21611 of public utilities being described as• Beginning at a point South 0 degrees 11 minutes 58 seconds East, 60.0 feet and South 89 degrees 45 minutes 13 seconds East, 530 0 feet, from the Northwest corner of Section 18, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, thence proceeding South 0 degrees 11 minutes 58 seconds East, 140 0 feet, thence South 89 degrees 45 minutes 13 seconds East, 65.0 feet, thence North 0 degrees 11 minutes 58 seconds West, 140 0 feet, thence North 89 degrees 45 minutes 13 seconds West, 65.0 feet to the Point of Beginning. A roll call vote was taken on the foregoing resolution with the following result: AYES Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop. NAYS Bennett The President declared the resolution adopted On a motion by Councilman Ventura, seconded by Councilman McCann, it was 1319-85 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Air Gage Company, dated February 20, 1985, covering new industrial facilities to be located within City of Livonia Industrial Development Distict No. 23, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i .e. , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Air Gage Company, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 8 00 p m. , Wednesday, April 17, 1985 at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 . That the City Council , on the basis of the information received from the applicant, Air Gage Company, finds and determines: (a) that the granting of this indus- trial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No. 198, P.A. 1974, as amended. 2. That the City Council hereby approves the Application 21612 for Industrial Facilities Exemption Certificate from Air Gage Company covering new industrial facili- L ties to be located within the City of Livonia Industrial Development District No. 23 for 12 years. A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop. NAYS• None. On a motion by Councilman Ventura, seconded by Councilman Bennett, it was #320-85 RESOLVED, that having considered a communication from the City Planning Commission, dated February 27, 1985 which sets forth its resolution 2-21-85 adopted on February 19, 1985 with regard to Petition 85-1-1-3 submitted by Harry Van Ess for a change of zoning on property located on the Southeast corner of Five Mile Road and Harrison in the North 1/2 of Section 24, from C-i to C-2, and the Council having conducted a public hearing with regard to this matter on April 17, 1985, pursuant to Council Resolu- tion 156-85, the Council does hereby concur in the recommendation of the Planning Comn:ission and the said Petition 85-1-1-3 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 Department 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, McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop. NAYS• None. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was 1321-85 RESOLVED, that having considered a communication from the City Planning Commission, dated February 27, 1985 which sets forth its resolution 2-18-85 adopted on February 19, 1985 with regard to Petition 84-11-1-31 (as amended) , submitted by John J. Mahn for a change of zoning on property located on the south side of Ann Arbor Trail , west of Newburgh Road in the Northeast 1/4 of Section 31 from R-1 and RUF to C-1 , and AG and RUF to R-7, and the Council having conducted a public hearing with regard to this matter on April 17, 1985, pursuant to Council Resolution 156-85, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 84-11-1-31 (as amended) 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 Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution 21613 Lig A roll call vote was taken on the foregoing resolution with the following result. AYES. Ventura, McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop. NAYS None. On a motion by Councilman Feenstra , seconded by Councilman McCann, and unanimously adopted, it was #322-85 RESOLVED, that having considered a communication from the City Planning Commission dated February 27, 1985 which sets forth its resolution 2-26-85 adopted on February 19, 1985 with regard to Petition 85-1-6-1 submitted by the City Planning Commis- sion for an amendment to Section 11 03 (m) of Zoning Ordinance 543, which would provide for the location of rustproofing businesses as waiver uses in C-2 Districts, and the Council having conducted a public hearing with regard to this matter on April 17 , 1985, pursuant to Council Resolution 156-85, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 85-1-6-1 is hereby approved and granted, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution, further the Council does hereby refer this subject to the Legislative Committee for its report and recommendation. On a motion by Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #323-85 RESOLVED, that the Council does hereby request that the City Planning Commission, pursuant to Section 23.01 (a) of Zoning Ordinance 543, conduct a public hearing, and thereafter submit its report and recommendation, on the prohibition of rustproofing businesses in C-2 districts. On a motion by Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #324-85 RESOLVED, that having considered a communication from the City Planning Commission dated February 27, 1985, which sets forth its resolution 2-27-85 adopted on February 19, 1985, with regard to Petition 84-11-6-4, submitted by the City Planning Commis- sion to amend Section 18.47 of Zoning Ordinance 543 by deleting the exception provided with respect to site plan approval require- ments in industrial districts, and the Council having conducted a public hearing with regard to this matter on April 17, 1985, 21614 1110 pursuant to Council Resolution 156-85, the Council does hereby reject the recommendation of the Planning Commission and said Petition 84-11-6-4 is hereby approved and granted, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #325-85 RESOLVED, that having considered a communication from the City Planning Commission dated April 19, 1985, which transmits its resolution 4-82-85 adopted on April 18, 1985, with regard to Petition 85-4-8-8 submitted by Republic Airlines, Inc requesting site plan approval in connection with a proposal to construct an office building on the south side of Six Mile Road between Quakertown Road and Haggerty in Section 18, pursuant to the provisions set forth in Section 18.58 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 85-4-8-8 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 internal compaction shall be provided in the said office building in lieu of an outside dumpster. On motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #326-85 RESOLVED, that having considered a communication from the City Planning Commission dated April 19, 1985, which transmits its resolution 4-80-85 with regard to Petition 85-3-8-3 submitted by James Blain Associates, requesting site plan approval in connec- tion with a proposal to construct a four-story office building on the south side of Six Mile Road between I-275 and Quakertown Lane in Section 18, pursuant to the provisions set forth in Section 18.47 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 85-3-8-3 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recom- mendation of the Planning Commission. On a motion by Councilman Ventura, seconded by Councilman Feenstra, and unanimously adopted, it was #327-85 RESOLVED, that having considered a communication dated April 3, 1985, from the Department of Law transmitting for Council acceptance a Quit Claim Deed, more particularly described as. 21615 Quit Claim Deed dated April 1 , 1985, executed by John M. Cope, President of Gel , Inc , a Michigan Corporation, for: A parcel of land being a part of Lot 822 of SUPERVISOR'S LIVONIA PLAT NO. 14 of part of the North 1/2 of Sect. 28, T.1 S. , R.9E. , City of Livonia, Wayne County, Michigan as recorded in Liber 70, Page 69, Wayne County Records and being more particularly described as follows Commencing at the northeast corner of said Lot 814 and pro- ceeding thence S. 15°07'25"W. along the westerly line of Stark Road (86 feet wide) a distance of 163.12 feet to a point on the northerly line of Autry Road (60 feet wide) , thence N.88°16'50"W. along said northerly line of Autry Road (60 feet wide) a distance of 585.96 feet to a point of curvature to the right and the point of beginning of the parcel herein described Thence along a curve to the right (also being part of said northerly line of Autry Road) a distance of 107.55 feet along the arc of said curve (said curve having a radius of 140.00 feet, a central angle of 44°00'59", a chord bearing of N 66°16'20"W. and a chord length of 104.93 feet) to a point of curvature to the left, Thence along said curve to the left (also being part of the northerly line of Autry Road) a distance of 22.00 feet along the arc of said curve(said curve having a radius of 70.00 feet, a central angle of 18°00'27", a chord bearing of N. 53°15'49"W. and a chord length of 21 91 feet) to a point, Thence S. O1°43' 10"W a distance of 51 .90 feet to a point, Thence S 88°16' 50"E. a distance of 115.23 feet to the point of beginning of the parcel herein described. (Said parcel of land to be known as Autry Road Right-of-Way. ) Containing 0.0789 Acres of land, more or less. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deed and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, it was 21616 #328-85 RESOLVED, that having considered a communication from the Director of Community Resources dated April 2, 1985, approved by the Director of Finance and approved for submission by the Mayor Pro Tem, the Council does hereby accept for and on behalf of the City of Livonia a cash donation in the amount of $500 from the Masonic Temple Association of Livonia and is intended for use in connection with the Youth Assitance Program, and for this purpose, the Council does hereby authorize an increase in Sundry Income Account #101-000-698.000.000 and Community Resources Account #101-891-864.010.000 by a like amount of $500. A roll call vote was taken on the foregoing resolution with the following result AYES• Ventura, McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop. NAYS None. On a motion by Councilman Bennett, seconded by Councilman Feenstra, it was #329-85 RESOLVED, that having considered a communication from the Director of Community Resources dated April 2, 1985, approved by the Director of Finance and approved for submission by the Mayor, the Council does for and on behalf of the City of Livonia accept the following cash donations for the Senior Citizen Program: (1 ) Service Plastics, Inc $ 25.00 30930 Industrial Road (2) Disabled American Veterans 100.00 Walter Shapiro (3) Citizens United for Responsible Education 15.00 Dorothy G DeMarco (4) Michael W Crane 40.00 14215 Fairway - Bridge (5) Douglas A. Bush - Square Dancing 22.80 34649 Sheridan 43.10 (6) Edwin B. Henson 60.00 12124 Boston Post Road 80.00 60.00 (7) Gertrude R Fuchs - Coupon Club 9.50 9119 Melvin 19.00 (8) Merri-Bowl Trimmers 100.00 Shirley J. Vasas 50.00 $624.40 21617 further, the Council does hereby increase Sundry Income Account #101-000-698.000.000 and Community Resources Income #101-891-931 .010.000 by the sum of $624.40 for this purpose. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop. NAYS: None On a motion by Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #330-85 RESOLVED, that having considered a communication dated April 15, 1985, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as Grant of Easement dated April 3, 1985, executed by S.S. Jeska, Vice President, Site Acquisition and Jack Turner, Senior Vice President, Restaurant Development of Wendy's International , Inc. , An Ohio Corporation, for The East 12 feet of the West 165 feet of the South 150 feet of the following parcel of land. The East 1/2 of the West 1/2 of the North 1/2 of the S.E. 1/4 of the N.E 1/4 of the N E. 1/4 of Section 11 , T.1S. , R 9E. , City of Livonia, Wayne County, Michigan, except the South 30 feet thereof. (Part of the Bureau of Taxation Parcel 11A16, 18a). 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 all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Councilman Feenstra, seconded by Councilwoman Gundersen, and unanimously adopted, it was #331-85 RESOLVED, that having considered a communication from the Department of Law, dated April 12, 1985, submitted pursuant to Council Resolution 48-85, transmitting for Council acceptance a deed from the State of Michigan under Act 223, Public Acts of 1909, as amended, dated March 26, 1985, executed by Roland Harmes, Jr. , Chief, Lands Division, Department of Natural Resources, conveying to the City without a reverter clause certain property described as follows. CITY OF LIVONIA Sunset Hills Subdivision Lots 211 , 212 and 213 According to the plat thereof, 21618 the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #332-85 RESOLVED, that having considered the report and recommenda- tion of the City Engineer and the Director of Public Works dated April 8, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of two (2) 1985 Pontiac 1000s from Jim Bradley Pontiac-GMC, 3500 Jackson Road, Ann Arbor, Michigan 48103, for a price of $4,984.97 each (total estimated cost of $9,969.94) and the Council does hereby authorize the payment of an additional 2% surcharge in the amount of $199.40 to the State of Michigan in connection with this matter; further, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan price as well as the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.5. lbw of the Livonia Code of Ordinances , as amended. A roll call vote was taken on the foregoing resolution with the following result. AYES. Ventura, McCann, Feenstra, Gundersen, Taylor, Bennett, Bishop. NAYS• None. On a motion by Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was 1333-85 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #574-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Councilman Ventura, seconded by Councilman McCann, it was #334-85 RESOLVED, that having considered a communication from the City Engineer, dated April 18, 1985, approved for submission by the Mayor, to which is attached a list of sidewalks requiring repair and/or replacement in the West 1/2 of Section 34, the South 1/2 of Section 11 , and at various other locations throughout the City of Livonia, said list being included herein by reference, 21619 and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to in said list to repair or to remove and replace sidewalks at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Title 12, Chapter 4, Section 340 of the Livonia Code of Ordinances, as amended: FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk repairs or removal and replacement work no later than July 1 , 1985, after which date the Engineering/Inspection Division shall arrange for the reconstruction of the said sidewalks; FURTHER, the Council does hereby authorize the removal and replacement of various sections of sidewalks and crosswalks at locations indicated on the list attached to the City Engineer's communication inasmuch as same are the City's responsibility; and FURTHER, the Engineering/Inspection Division is hereby authorized to finalize plans and specifications and arrange for the taking of bids for the 1985 Miscellaneous Sidewalk Repair and Maintenance Program, which program will include all required work which has not been completed by private property owners by July 1 , 1985. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, McCann, Feenstra, Gundersen, Taylor, Bennett. NAYS: Bishop. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was 1335-85 RESOLVED, that the Council does hereby amend and revise Council Resolution 207-85, adopted on March 27, 1985, so as to authorize the Mayor and City Clerk to affix their signatures to the agreement with Xerox Corporation in lieu of the City Clerk and City Treasurer. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, this 1053rd Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:36 p.m. , April 24, 1985. "4644".E7tddz., Robert F. Nash, City Clerk