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HomeMy WebLinkAboutCOUNCIL MINUTES 1980-07-23 18750 MINUTES OF THE NINE HUNDRED AND THIRTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 23, 1980, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the Vice-President of the Council at approximately 8:10 P. M . Councilman McCann delivered the invocation. Roll was called with the following result: Present: Robert R. Bishop, Robert F Nash, Gerald Taylor, Alice Gundersen, Robert E McCann and Peter A. Ventura. Absent-- Robert D. Bennett. Elected and appointed officials present: Addison W Bacon, City Clerk; Frances S Stem, Deputy City Clerk; Harry C Tatigian, City Attorney; G. E Siemert, City Engineer; John Nagy, City Planner; Russell Gronevelt, Superintendent of Public Service and Jack Dodge, Finance Director By Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #681-80 RESOLVED, that the minutes of the 935th Regular Meeting of the Council of the City of Livonia, held July 2, 1980, are hereby approved. The following resolution was unanimously introduced, supported and adopted: #682-80 WHEREAS, the 1980 Bentley High School Girls Softball Team won the Girls Tri-Suburban-Eight League Championship while compiling an overall season record of twenty victories and three defeats; and WHEREAS, they won their District Championship; and WHEREAS, they won the first Jack Hudman Tournament (of all four Livonia Public High Schools); and WHEREAS, this excellent record was compiled by virtue of the ability, perseverance and spirit of all the players and their coach, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia does hereby take this means to commend and congratulate the Bentley High School Girls Softball Team for its outstanding accomplishments during the 1980 season The cemmunication from the Division of Engineering dated June 26, 1980 with respect to completion of contract for Coat Racks (Phase III, Part 4+7) for the Civic 18751 Center Municipal Building was received and placed on file for the information of the Council. The communication from the Engineering Division dated June 26, 1980 with respect to contract for restroom partitions (Phase III, Part 33) for the Civic Center Municipal Building, was received and placed on file for the information of the Council. The communication from the Traffic Commission dated June 27, 1980 with respect to request for 4-Way Stop at Norfolk/Parker (CR-359-80), was received and placed on file for the information of the Council. The communication from the Department of Finance dated June 20, 1980 transmitting various financial statements of the City for the month ending May 31, 1980, was received and placed on file for the information of the Council By Councilman Ventura, seconded by Councilman McCann, it was #683-80 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated July 1, 1980, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Clarklift of Detroit, Inc. , 2045 Austin Street, Troy, Michigan 48084, for supplying the City (Public Service Division - Road Maintenance Section) with one heavy-duty Industrial Sweeper for the price of $12,090.00, the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None. By Councilman Taylor, seconded by Councilman McCann, it was #684-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 20, 1980, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, and the attached final construction estimate dated June 17, 1980, the Council does hereby authorize final payment in the amount of $10,561.42 to Chemi-Trol Chemical Company, 2776 CR69, Gibsonburg, Ohio 43431, which sum includes the full and complete balance due on a contract dated April 17, 1980 in the amount of $10,319.40, the actual contract amount completed to date being $10,561 42, in connec- tion with the 1980 Lane Line Marking Program, it appearing from the afore- mentioned report that all work under the said contract has been completed 18752 in accordance with City standards and specifications and that the necessary contractor's affidavit, maintenance and guarantee bond have been filed; and the Council does hereby appropriate an additional sum in the amount of $2+2.02 from the City's Motor Vehicle Highway Fund Receipts (Major Road Account); and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None. By Councilman Nash, seconded by Councilwoman Gundersen, it was #685-80 RESOLVED, that having considered a communication from the City Clerk, dated July 2, 1980, with regard to the purchase and financing of electronic voting and registration equipment, previously authorized in Council Resolution 1235-79 adopted on December 12, 1979, the Council does hereby determine to amend and revise the said resolution so as to provide that the final purchase price of the subject equipment is in the amount of $186,828 50 in lieu of $187,753.00; FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $3143.82 from the Unexpended Fund Balance Account for the following purposes: (a) Installation and Electrical Wiring to provide proper voltage to the computer and cabling to all C.R T terminals $ 1,380 00 (b) Bond Attorney Fee (Miller, Canfield, Paddock & Stone) - preparation of re- quired documents and opinion 995 00 (c) Miscellaneous Travel & Training Expenses 768 82 and the City Clerk and City Treasurer are hereby requested to do all 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: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None By Councilman Nash, seconded by Councilman Ventura, it was #686-80 RESOLVED, that having considered a communication from the Personnel Director, dated June 23, 1980, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on June 5, 1980, the Council does hereby appropriate the sum of $1200.00 from the Unexpended Fund Balance Account to be trans- ferred to Account 101-236-765 for Testing Supplies, the action herein being taken for the reasons indicated in the aforesaid communication roll call vote was taken on the foregoing resolution with the following result: 18753 AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop NAYS: None. By Councilwomati.i"iundersen, seconded by Councilman Ventura, it was #687-80 RESOLVED, that having considered a communication from the Chief Librarian, dated May 7, 1980, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein it is recommended that the City of Livonia participate and contract for a computer automated circulation and bibliographic control system with the Wayne Oakland Library Federation, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Bibliographic Development Agreement in the manner and form submitted, and for this purpose does hereby appropriate the sum of $15,000.00 from the Unexpended Fund Balance Account in order for the City to provide its contribution for initial capitalization, and further, the Council does hereby increase the Library Revenue Account in the sum of $15,000 00, the same to be thereafter transferred to the aforesaid Unexpended Fund Balance Account; FURTHER, the Council does hereby authorize the taking of competitive bids for submission to Council for 4 terminals and 4 pair MODEMS, as described on page 2 of the aforesaid communication, in accordance with provisions of the Financial Ordinance and law. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None. By Councilman Taylor, seconded by Councilman McCann, it was #688-80 RESOLVED, that having considered a communication from the Zoning Board of Appeals, dated June 20, 1980, approved by the Finance Director, the Council does hereby appropriate the sum of $1827.00 from the Un- expended Fund Balance Account, $417 00 of which is to be transferred to Account 101-815-728.000.000 (Office Supplies), and $1410.00 of which is to be transferred to Account 101-815-904.000.000 (Printing), 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: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None By Councilman McCann, seconded by Councilman Nash, it was #689-80 RESOLVED, that having considered a communication from the Mayor, dated July 23, 1980, wherein it is recommended that the Ecology Commis- sion Ordinance, as set forth in Title 2, Chapter 21, Section 2-2101, et seq. , of the Livonia Code of Ordinances, be repealed and that its responsibilities be transferred to the Planning Department, the Council does hereby refer the same to the Department of Law for the preparation of an Ordinance amendment which would implement this recommendation 18754 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None. By Councilwoman Gundersen, seconded by Councilman McCann, it was #690-80 RESOLVED, that having considered a communication from the CETA Program Administrator, dated June 17, 1980, approved by the Finance Director and approved for submission by the Mayor, to which is attached Grant Modification #004 to the CETA Annual Plan for Fiscal Year 1980, the Council does hereby authorize the said Grant Modification in the manner and form indicated in the aforesaid communication; and the Mayor and City Clerk are hereby requested to execute the same, for and on behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop NAYS: None. By Councilman Taylor, seconded by Councilman Nash, it was #691-80 RESOLVED, that having considered a communication from the Livonia Mall Management, dated June 23, 1980, with regard to the legality of certain kiddie rides in the Livonia Mall, the Council does hereby refer the same to the Legislative Committee for attachment to and consideration of the same in connection with Petition 80-1-6-3 which purports to amend Section 30.04 of Ordinance No. 543, as amended, with respect to coin- operated amusement devices A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Taylor, Gundersen and Bishop. NAYS: Ventura. The Vice-President declared the resolution adopted. By Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #692-80 RESOLVED, that having considered a communication from Dr Anthony Laframboise, 31180 West Six Mile Road, Livonia, Michigan 48152, dated June 19, 1980, with regard to a backyard drainage problem, the Council does hereby refer the same to the City Engineer for his report and recommenda- L tion By Councilman Nash, seconded by Councilwoman Gundersen, it was 18755 #693-80 RESOLVED, that having considered communications from Mr Hugh A Leavell, dated June 2, 1980 and June 25, 1980, and the report and recommendation of the Director of Public Works, dated July 7, 1980 in connection therewith, the Council does hereby authorize the payment of the sum of $2000 00 to Mr. Hugh A Leavell for the City's rental of certain offices of the Pierson School for the period November 1, 1979 through January 7, 1980, which sum shall represent a final settlement with respect to this matter; and the Council does hereby appropriate the sum of $2000.00 from the Unexpended Fund Balance Account for this purpose A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Nash, Taylor, Gundersen and Bishop NAYS: Ventura The Vice-President declared the resolution adopted. By Councilman McCann, seconded by Councilman Taylor, it was #694-80 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated July 2, 1980, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby authorize the purchase from N Leone & Sons, Inc. , 30660 Plymouth Road, Livonia, Michigan 48150, of toilet tissue and paper towels for the estimated total price of $4990 00, based upon the unit prices set forth in the attached tabulation of quotations as of July 1, 1980; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State bid price, as well as for the additional reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 2-213 (d) (5) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop NAYS None. By Councilman Taylor, seconded by Councilman Ventura, it was #695-80 RESOLVED, that having considered a communication from the Zoning Board of Appeals, dated June 20, 1980, wherein it is recommended that the schedule of filing fees for appeals taken to the Zoning Board of Appeals, as set forth in Section 21 10 of Ordinance No 543, as amended, be reviewed, the Council does hereby determine, in accordance with Section 23.01 (a) of Ordinance No. 543, to refer this matter to the City Planning Commission for the purpose of conducting a public hearing and thereafter submitting a report and recommendation to Council on the question of whether or not the filing fees set forth in Section 21 10 should be revised A roll call vote was taken on the foregoing resolution with the following result: AYES• McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None. 18756 By Councilman McCann, seconded by Councilwoman Gundersen, it was #696-80 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 4, 1980, with regard to an application from Andrew Myrold, of 35601 Minton, Livonia, Michigan, 48150, on behalf of Myrold - Backos, Inc. , requesting transfer of ownership of the 1979 Tavern License from 011ie's Trolley, Inc. , transfer location from 30471 Plymouth Road, Livonia, Wayne County, to 33605 Plymouth Road, Livonia, Wayne County, and simultaneously transfer classification to Class C, the Council does hereby refer the same to the Committee of the Whole for further considera- tion; FURTHER, the Council does hereby request that the Chief of Police submit his report and recommendation with respect to this matter A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS* None By Councilman Nash, seconded by Councilwoman Gundersen, it was #697-80 RESOLVED, that having considered a communication from the City Assessor, dated June 23, 1980, approved for submission by the Mayor, with regard to a request from Mr Frank Williams, Century 21, Hartford North, Inc. , 17122 Farmington Road, Livonia, Michigan 48152, as agent for owner Albert E Britt, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby find that the proposed division and combination of Tax Item Nos. 46 120 03 0006 000 (30c6) and 46 120 03 0007 000 (30c7) would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing and combining the same into four parcels, the legal descriptions of which shall read as follows: Parcel 1 The West 75 ft. of Lots 6 & 7 of "Newburgh Estates" Subd'n. of part of the S.E. 1/4 of Section 30, T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan. Recd L 65, Page 45 of Plats, U.0 R. Parcel 2 The East 75 ft. of the West 150 ft. of Lots 6 & 7, of "Newburgh Estates" Subd'n. of part of the S.E 1/4 of Section 30, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan. Rec'd L 65, Page 45 of Plats, W C R Parcel 3 The West 70 ft. of the East 150 ft of Lots 6 c. 7, of "Newburgh Estates" Subd'n. of part of the S.E. 1/4 of Section 30, T. 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan. Rec'd L. 65, Page 45 of Plats, W C R. Parcel 4 The East 80 ft. of Lots 6 & 7 of "Newburgh Estates" Subd'n of part of the S.E. 1/4 of Section 30, T 1 S. , R. 9 E , City of Livonia, Wayne County, Michigan. Rec'd L. 65, Page 45 of Plats, W C.R. 18757 as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Ventura, Nash, Gundersen and Bishop NAYS: Taylor. The Vice-President declared the resolution adopted. By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #698-80 RESOLVED, that having considered a letter dated June 30, 1980 from Mrs. Jeanne Marie Grant, 32550 Barkley, Livonia, Michigan 48154, requesting permission to close Barkley Street, between Hubbard and Loveland, on Monday, September 1, 1980, from 1:00 P.M to 10:00 P.M. , for the purpose of conducting the Fourth Annual Barkley Block Party, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #699-80 RESOLVED, that having considered a letter dated June 18, 1980 from Bonnie Shomo, Chairperson, 1980 Picnic, Coventry Gardens Improvement Association, 16297 Southampton, Livonia, Michigan 48154, requesting permission to close the following locations on Saturday, July 26, 1980, from approximately 12.30 P M to 10:00 P M , for the purpose of conducting a subdivision picnic: Rayburn at Farmington Road Myrna at Farmington Road Rayburn at Stamford Edington at Rayburn the Council does hereby determine to grant permission as requested, (including therein permission to conduct the said affair on Sunday, July 27, 1980, in the event of inclement weather), the action taken herein being made subject to approval of the Police Department By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was L #700-80 RESOLVED, that having considered a communication from Frances P Kempfer and Karen Lafayette, 14457 Riverside Drive, Livonia, Michigan 48154, dated June 24, 1980, to which is attached a petition signed by residents of Perth and Riverside, east of Ellen Drive and west of Stark Road, requesting permission to block off both Riverside Drive accesses from Perth Avenue 18758 on September 6, 1980 from approximately 5.00 P M to 1 00 A M on September 7, 1980 for an annual block party, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #701-80 RESOLVED, that having considered a communication from Micki Huysken, 30564 Westfield, Livonia, Michigan 48150, dated July 7, 1980, requesting permission to close Westfield between Henry Ruff and Sunset on August 2, 1980, from 6:00 P M. to 12:00 P M. , for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, (including therein permission to conduct the said affair on August 3, 1980 in the event of inclement weather), the action taken herein being made subject to approval of the Police Department By Councilman Nash, seconded by Councilman Ventura, it was #702-80 RESOLVED, that having considered a communication from the City Planning Commission, dated June 12, 1980, which transmits its resolution 6-146-80 adopted on June 10, 1980 with regard to Petition 80-4-2-12, submitted by Alex V Fedrigo, requesting waiver use approval to operate a trailer repair and service business on property located north of Industrial Road, south of the I-96 Freeway, in the Northeast 1/4 of Section 29, which property is zoned M-1, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 80-4-2-12 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: McCann, Ventura, Nash, Taylor, Gundersen and Bishop NAYS: None. By Councilman Taylor, seconded by Councilman Ventura, it was #703-80 RESOLVED, that having considered a communication from the City Planning Commission, dated July 8, 1980, which transmits its resolution 7-172-80 adopted on July 1, 1980 with regard to Petition 80-6-2-17, submitted by Rocco Ferrera and Co. , requesting waiver use approval to construct an addition to an existing building located on the south side of Eight Mile Road between Purlingbrook and Melvin in the Northwest 1/4 of Section 2, which property is zoned M-1, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 80-6-2-17 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: McCann, Ventura, Nash, Taylor, Gundersen and Bishop NAYS: None. 18759 By Councilman Ventura, seconded by Councilman Taylor, it was #704-80 RESOLVED, that having considered a communication from the City Planning Commission, dated June 23, 1980, which sets forth its resolution 6-153-80 adopted on June 10, 1980 with regard to a request from Shiels Associates, Architects, for an extension of the approval of Petition 78-5-8-9 of all plans required by Section 8.02 submitted in connection with a proposal to construct a multi-family housing project on the west side of Farmington Road between Curtis and Pickford in Section 9, and the Council having granted a prior extension relative to same in Council Resolution 741-79, the Council does hereby determine to concur in the recommendation of the Planning Commission and grant an additional exten- sion for a one year period, subject to compliance with conditions set forth in Council Resolution 591-78. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop NAYS: None. By Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #705-80 RESOLVED, that having considered a letter from James A Grode, 19531 Westmore, Livonia, Michigan 48152, dated June 20, 1980, wherein a request is made for the vacating of an alley at the rear of Lots 114 through 123, inclusive, Westmore Subdivision, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance By Councilman Ventura, seconded by Councilwoman Gundersen, it was #706-80 RESOLVED, that having considered the report and recommendation of the City Engineer and the Superintendent of Public Service, dated June 4, 1980, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby approve of the resurfacing of Puritan between Merriman and Middlebelt Roads as an item to be added to the City's contract with Ajax Paving Industries, the low bidder for the Storm & Fowler's Country Crest and Elmwood Farms Subdivisions paving project, previously authorized in Council Resolution 637-80 adopted on July 2, 1980; FURTHER, the Council does hereby appropriate a sum not to exceed $45,000.00 from the 7.9 Million Dollar General Obligation Road Improvement Bond Issue in order to cover the cost of this work; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as required. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None. 18760 By Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #707-80 RESOLVED, that having considered a communication from certain residents on Milburn Street, dated June 5, 1980, wherein it is requested that Milburn Street between Eight Mile and Bretton be improved, the Council does hereby refer the same to the City Engineer for his report and recommendation. By Councilman Taylor, seconded by Councilman McCann, it was #708-80 RESOLVED, that having considered a communication from the City Engineer, dated June 13, 1980, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to Council Resolu- tion 314-80 adopted on April 2, 1980, in connection with a communication from certain residents on Parkville between Seven Mile and Morlock, concerning the possible paving of Parkville, the Council does hereby determine to proceed no further with this project at this time in view of the results of a survey taken by the Engineering Division which indicates that the majority of the residents in the area are opposed to the paving of such street. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None. By Councilman Nash, seconded by Councilwoman Gundersen, it was #709-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 20, 1980, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a communication from the Brookfield Condominium Association, dated May 15, 1980, the Council does hereby authorize the installation of curb drops at 26 locations on the south side of Five Mile Road between Merriman and Farmington, in the manner requested by the Brookfield Condominium Associa- tion, the estimated cost of which is $5200 00; and the Engineering Division is hereby authorized to prepare plans and specifications and arrange for the taking of bids for this work in accordance with the provisions of the Financial Ordinance and law. A roll call vote was taken on the foregoing resolution with the following result: AYES- McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None By Councilman Nash, seconded by Councilwoman Gundersen, it was #710-80 RESOLVED, that the Council does hereby refer the matter of dropping curbs in areas where there is a high density of senior citizens to the Streets, Roads and Plats Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: 18761 AYES: McCann, Ventura, Nash, Taylor, Gundersen and. Bishop NAYS: None. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #711-80 RESOLVED, that having considered a communication from Mr. Rodney C. Kropf, attorney, dated June 24, 1980, wherein it is requested in behalf of his client, Koppy-Densmore, that certain monies held by the City in connection with the Argyle Park Subdivision and Livonia Mall Estate Subdivision be released, the Council does hereby refer the same to the City Engineer and the City Attorney for their respective reports and recommenda- tions By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #712-80 RESOLVED, that having considered a communication from Mrs Lorena M. Patching, 9415 Cardwell, Livonia, Michigan 48150, dated June 30, 1980, wherein a ramp is requested to be installed at the Idyl Wyld Golf Course Clubhouse, as well as grab bars in the ladies restrosm, the Council does hereby refer the same to the Director of Public Works for his report and recommendation. By Councilwoman Gundersen, seconded by Councilman Ventura, it was #713-80 RESOLVED, that having considered a communication from the Director of Public Works, dated July 2, 1980, to which is attached a letter from Anixter Bros. , Inc., 4711 Golf Road, One Concourse Plaza, Skokie, Illinois 60076, dated June 26, 1980, wherein Anixter Bros. offers to purchase a large reel of cable located in the basement of the new City Hall for $1.00 per foot and which is estimated to be approximately 1600 feet in length, the Council does hereby determine to authorize the sale of the said cable to Anixter Bros. , Inc. for the unit price of $1 00 per foot, 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: McCann, Nash, Taylor, Gundersen and Bishop. NAYS: Ventura. The Vice-President declared the resolution adopted By Councilman Nash, seconded by Councilman McCann, it was #714-80 RESOLVED, that having considered a communication from Shirley Buyck, 14110 Arden, Livonia, Michigan 48154, dated July 9, 1980, the Council does hereby waive all license fees and permit costs in connection with the Frost Holiday Craft Show to be conducted on November 8, 1980 at Frost Jr. High; and the City Clerk and all other City officials are hereby requested to do all things necessary or incidental to the full performance of this resolution. 18762 A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop NAYS: None. By Councilman Taylor, seconded by Councilman Ventura, it was #715-80 RESOLVED, that having considered a communication from the City Planning Commission, dated July 8, 1980, which transmits its resolution 6-158-80 adopted on June 24, 1980 with regard to Petition 80-5-2-16, submitted by John A Turmala requesting waiver use approval to construct a building on property located at the southeast corner of Melvin Avenue and Seven Mile Road in the Northeast 1/4 of Section 11, which property is zoned C-1, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 80-5-2-16 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: McCann, Ventura, Nash, Taylor, Gundersen and Bishop NAYS: None By Councilman Nash, seconded by Councilman Ventura, it was #716-80 RESOLVED, that having considered a communication from Mr Donald S. Rudnicki, 16951 Riverside Drive, Livonia, Michigan 48154, dated July 14, 1980, wherein it is requested that a revocable license be granted in order to permit the installation of an aboveground swimming pool on a City ease- ment located at the rear of Lot 494 and the northerly 10 feet of Lot 495, Burton Hollow Estates No. 3 Subdivision in the N W 1/4 of Section 16, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a revocable license permitting the installation of the said swimming pool in the manner and form requested; and the Department of Law is hereby requested to prepare the document required in order to implement the action taken herein. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #717-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 14, 1980, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby approve and authorize additional work to be performed in connection with the paving of the East parking lot at the Idyl Wyld Golf Course by Detroit Concrete Products Corporation in the manner and form indicated in the aforesaid communication, and for this purpose the Council does hereby appropriate the additional sum of $9800.00 from the Unexpended Fund Balance Account; and the City Clerk and City Treasurer are hereby requested to do all things 18763 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: McCann, Nash, Taylor, Gundersen and Bishop. NAYS: Ventura. The Vice-President declared the resolution adopted. Councilman McCann gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 6, CHAPTER 1 (TRAFFIC ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING PARAGRAPHS 4 AND 5 OF SECTION 6-173 THEREOF. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the lbw office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 19 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 80-4-1-15 FOR CHANGE OF ZONING FROM R-1 TO C-2. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council 1876' Councilman Nash gave first reading to the following Ordinance• AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3 THERETO. RE: PETITION NO. 79-12-1-42 FOR CHANGE OF ZONING FROM R-3-A, C-1 AND P.L. TO R-2-A The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance AN ORDINANCE AMENDING TITLE 5, CHAPTER 5 (SEWERS), OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTION 5-510 THEREOF. 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 McCann, seconded by Councilman Taylor, it was #718-80 RESOLVED, that having considered a communication from the Department of Law, dated June 26, 1980, approved by the City Engineer and the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Newburgh Road right-of-way located in. Section 6, owned by Joseph W Posuniak and Genevieve Posuniak, his wife, as land contract purchasers, which land is more particularly described as follows: The East 60 feet of the following parcel of land: 18765 Land in the City of Livonia, Wayne County, Michigan, being a part of the East 1/2 of Section 6, Town 1 South, Range 9 East, more particularly described as: The East 1/2 of the North 84.16 feet of the South 937.50 feet of the East 335.0 feet of the East 100 acres of the Southeast 1/4 of Section 6 (06J42a) Newburgh Road Right-of-Way subject to the following terms and conditions: 1) that the purchase price shall be in the sum of $1,400 00 2) that the purchaser shall pay for the cost of title work 3) that the City's portion of the prorated City, County, County Drain, School and Community College tax shall be in a sum not to exceed $20.90 BE IT FURTHER RESOLVED, that a sum not to exceed $1,460.90 is hereby appropriated and authorized to be expended from the proceeds of the 7.9 Million Dollar General Obligation Road Improvement Bond Issue for the acquisition of said right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance ofthis resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None. By Councilman Taylor, seconded by Councilman Ventura, it was #719-80 RESOLVED, that having considered a communication from the Department of Law, dated July 1, 1980, approved by the City Engineer and the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Newburgh Road right-of-way located in Section 6, owned by Joseph W Posuniak and Genevieve Posuniak, his wife, as land contract purchasers, which land is more particularly described as follows. The East 60 feet of the following parcel of land: Land situated in the City of Livonia, Wayne County, Michigan, being a part of the East 1/2 ..)f Section 6, Town 1 South, Range 9 East, more particularly described as: The East 1/2 of the North 84.17 feet of the South 1021.67 feet of the East 335 0 feet of the East 100 acres of the Southeast 1/4 of Section 6 (06J41a) Newburgh Road Right-of-Way 18766 subject to the following terms and conditions 1) that the purchase price shall be in the sum of $4,000.00 2) That the purchaser shall pay for the cost of title work 3) that the City's portion of the prorated City, County, County Drain, School and Community College tax shall be in a sum not to exceed $20.90. BE IT FURTHER RESOLVED, that a sum not to exceed $4,070 90 is hereby appropriated and authorized to be expended from the proceeds of the 7 9 Million Dollar General Obligation Road Improvement Bond Issue for the acquisition of said right-of-way; and the City Clerk is hereby requested to do all 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: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #720-80 RESOLVED, that having considered a communication from the Depart- ment of Law, dated July 1, 1980, approved by the City Engineer and the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Newburgh Road right-of-way located in Section 6, owned by Joseph W Posuniak and Genevieve Posuniak, his wife, as land contract purchasers, which land is more particularly described as follows. The East 60 feet of the following parcel of land: Land in the City of Livonia, Wayne County, Michigan, being a part of the East 1/2 of Section 6, Town 1 South, Range 9 East, more particularly described as. The East 1/2 of the North 108.33 feet of the South 1130.0 feet of the East 335 0 feet of the Southeast 1/4 of Section 6, Town 1 South, Range 9 East, except the North 25 feet thereof (06J40a1) Newburgh Road Right-of-Way subject to the following terms and conditions. 1) that the purchase price shall be in the sum of $1,800.00 2) that the purchaser shall pay for the cost of title work 18767 3) that the City's portion of the prorated City, County, County Drain, School and Community College tax shall be in a sum not to exceed $26.62. BE IT FURTHER RESOLVED, that a sum not to exceed $1,866.62 is hereby appropriated and authorized to be expended from the proceeds of the 7 9 Million Dollar General Obligation Road Improvement Bond Issue for the acquisition of said right-of-way; and the City Clerk is hereby requested to do all 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: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, it was #721-80 RESOLVED, that having considered a communication dated July 3, 1980 from the Department of Law transmitting for Council acceptance a warranty deed, dated May 6, 1980, executed by W Warren Shelden and Virginia D Shelden, his wife, conveying the following described property: Lots 237, 238 and 239 Rosedale Gardens No 1 subdivision of tart of N 1/2 of NE 1/4 of Section 34 T. 1 S , R 9 E , Livonia Township, Wayne County, Michigan, as recorded in Liber 56, Page 59, Wayne County Records the Council does hereby for and in behalf of the City of Livonia accept the aforesaid warranty 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. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None. By Councilman McCann, seconded by Councilwoman Gundersen, it was #722-80 RESOLVED, that having considered a communication from the Personnel Director, dated June 24, 1980, approved by the Finance Director and approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on June 19, 1980 wherein it is recommended that a salary adjustment for the Administrative Assistant to `,,, the Council be established at a maximum rate in the amount of $21,864 70, retroactive to and commencing from December 1, 1979, the Council does hereby determine to concur in and approve of such action A roll call vote was taken on the foregoing resolution with the following result. 18768 AYES' McCann, Ventura, Nash, Taylor, Gundersen and Bishop NAYS: None. By Councilman McCann, seconded by Councilman Nash, and unanimously adopted, it was #723-80 WHEREAS, pursuant to the direction of the City Council in its resolution 389-80, adopted on April 23, 1980, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of June 27, 1980 an assessment roll dated June 27, 1980 for the installation of a high pressure sodium street lighting system on colonial type ornamental poles with underground wiring in Laurel Park South Subdivision No. 2 in the East 1/2 of Section 18, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 389-80 THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the Civic Center Municipal Building in said City, 33000 Civic Center Drive, on Monday, September 8, 1980, at 8:00 P M to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and cir- culated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of September 8, 1980, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman McCann, seconded by Councilman Nash, and unanimously adopted, it was #724-80 WHEREAS, pursuant to the direction of the City Council in its resolution 394-80, adopted on April 23, 1980, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of June 30, 1980 an assessment roll dated June 30, 1980 for the installation of a high pressure sodium street lighting system on colonial type ornamental poles with underground wiring in Woodcreek Farms Subdivision No 3 in the S.W 1/4 of Section 15, containing the special assessments to be assessed and levied, respectively, 18769 in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 394-80 THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the Civic Center Municipal Building in said City, 33000 Civic Center Drive, on Monday, September 8, 1980, at 8:00 P M to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of September 8, 1980, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office 161. By Councilman McCann, seconded by Councilman Nash, and unanimously adopted, it was #725-80 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, September 8, 1980, at 8:00 P.M at the Civic Center Municipal Building, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 80-5-6-7, submitted by the City Planning Commission, pursuant to Council Resolution 408-80, to amend Section 11.03 of the Zoning Ordinance to provide regulations to control theaters and the division of screens in theaters in the C-2 Zoning District, the City Planning Commission having in its resolution 6-161-80 recommended to the City Council that Petition 80-5-6-7 be denied, 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 nature of the proposed amendment to the Zoning Ordinance, 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 18770 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 By Councilman Taylor, seconded by Councilwoman Gundersen, it was #726-80 RESOLVED, that having considered a communication dated May 2, 1980 which sets forth its resolution 4-101-80 adopted on April 22, 1980 with regard to Petition 80-3-1-10 submitted by the City Planning Commission for a change of zoning on property located on the west side of the I-275 Freeway, north of Five Mile Road, in the Southwest 1/4 of Section 18, from M-1 to R-2-C, and the Council having conducted a public hearing with regard to this matter on June 30, 1980, pursuant to Council Resolution 524-80, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 80-3-1-10 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publica- tion 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: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None By Councilman Ventura, seconded by Councilman McCann, it was #727-80 RESOLVED, that having considered a communication from the City Planning Commission, dated May 2, 1980, which sets forth its resolution 4-104-80 adopted on April 22, 1980 with regard to Petition 80-3-1-12 submitted by the Michigan Home for the Armenian Aged, Inc for a change of zoning on property located on the west side of Middlebelt, north of Five Mile Road, in the Southeast 1/4 of Section 14, from R-9-I to P S , and the Council having conducted a public hearing with regard to this matter on June 30, 1980, pursuant to Council Resolution 524-80, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 80-3-1-12 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: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None. By Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was 18771 #728-80 RESOLVED, that having considered a communication from the City Planning Commission, dated May 5, 1980, which sets forth its resolution 4-106-80 adopted on April 22, 1980 with regard to Petition 80-1-6-5, submitted by the City Planning Commission to amend Section 2.09, Definitions of Parking Terms, and Section 18 37, Offstreet Parking Requirements, of Ordinance No 543, as amended, the City of Livonia Zoning Ordinance, pertaining to offstreet parking space sizes, and the Council having conducted a public hearing with regard to this matter on June 30, 1980, pursuant to Council Resolution 524-80, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman McCann, seconded by Councilman Taylor, it was #729-80 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 13, 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 July 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 placement of 4 inches of asphalt on Greenland Avenue, 22 feet wide (Alternate IV Improvement), in the N W 1/4 of Section 14, T 1 S , R 9 E , 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 June 13, 1980, (4) determine that the estimated cost of such improvement is $47,411 76, (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% ($7,111 76) and that the balance of said cost and expense of said public improvement amounting to $40,300 00 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 ten (10) annual installments, together with interest thereon on the unpaid balance, 18772 (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 14, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as containing the following property: Lots 35, 36b, 37, 38, 39b, 40a, 41a, 42a, 43a, 44a, 45a1, 46a, 47a, 48, 49, 50a, 51, 52, 53a, 54a, 55, 56a, 57a, 58a, 58b1, 59a and 60 of Bell Creek Estates Subdivision, part of the N N 1/4 of Section 14, T 1 S , R 9 E , Livonia Township (now City of Livonia), Wayne County, Michigan, as recorded in Liber 67, Page 33 of Wayne County Records and Bureau of Taxation Parcels 14P1b2a, 14P1b2b1, 14Plcla, 14P1clb2, 14P1c2a1 and 14P1c2a2 (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None. At the direction of the Chair, the item on the agenda with respect to setting a Public Hearing on the Assessment Roll for the street improvement on Greenland Avenue in the N 4"1 1/4 of Section 14, was removed and will be considered at a Regular Meeting to be held on August 20, 1980 By Councilman McCann, seconded by Councilman Taylor, it was #730-80 RESOLVED, that having considered a communication from the Council President, dated July 11, 1980, which bears the signature of the Finance Director, with regard to the purchase of certain office furnishings for the Council chambers and offices, the Council does hereby determine to authorize the purchase of certain furnishings and equipment from the Office Resource, 30775 Stephenson, Madison Heights, Michigan 118071, for the price of $7002.24, in the manner and form set forth in the attached 18773 communication dated July 9, 1980, FURTHER, the Council does hereby appropriate the sum of $6500 00 from Account 101-998-842, Unallocated Appropriations, to be transferred to Capital Improvement Account, 101-101-981, for this purpose, and the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213 (d), (5) of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop NAYS• None. By Councilman McCann, seconded by Councilwoman Gundersen, it was #731-80 WHEREAS, the City Council previously has approved a certain Agreement To Enter Into Housing Assistance Payments Contract between the Livonia Housing Commission and The United States Department of Housing and Urban Development, and a certain Annual Contributions Contract between the Livonia Housing Commission and Laurel Park Elderly Housing I Limited Dividend Housing Association (the "Developer") pertaining to the construc- tion, operation and financing of WILLIAM W. BRASHEAR TOWER, which is located at 17841 North Laurel Park Drive, Livonia, Michigan; AND WHEREAS, it is intended to form a Michigan non-profit corporation to manage the WILLIAM W. BRASHEAR TOWER pursuant to a Management Agreement with the Developer The name of such non-profit corporation will be. BRASHEAR TOWER MANAGEMENT COMPANY. NOW, THEREFORE, be it resolved that. The concept of formation of a Michigan non-profit corporation to manage WILLIAM W. BRASHEAR TOWER and the form of the proposed Management Agreement between such non-profit corporation and the Developer hereby is approved. A roll call vote was taken on the foregoing resolution with the following result AYES. McCann, Ventura, Nash, Taylor, Gundersen and Bishop NAYS: None. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2-1802 OF TITLE 2, CHAPTER 18 (OFFICERS BONDS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, whenadopted, 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. 18774 Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 18 50, 18 50A, 18 50B, 18 50C, 18.50D, 18 50E AND 18.50F OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." RE: PETITION NO. 79-4-6-1 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council Councilman Ventura gave first reading to the following Ordinance AN ORDINANCE AMENDING ARTICLE XX OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 20 02A THERETO. RE: PETITION NO. 75-10-6-13 imm 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 McCann, seconded by Councilman Nash, and unanimously adopted, it was #732-80 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 Nash, seconded by Councilman Taylor, and unanimously adopted, it was #733-80 RESOLVED, that having considered a letter dated July 14, 1980 from Paul A. Daniel, 17683 Woodside, Livonia, Michigan 1+8152, requesting permission to close Woodside between Bennett and Brookview from noon to 7:00 P.M on Sunday, August 24, 1980, for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. *Councilman McCann was excused at 9:07 P M 18775 By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #734-80 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, September 8, 1980, at 8:00 P.M at the Civic Center Municipal Building, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items. (1) Petition 80-5-1-17, submitted by the Livonia Public Schools for a change of zoning of property located on the southeast corner of Fairfield and Orangelawn Avenue in the Northwest 1/4 of Section 34, from P L to R-1, the City Planning Commission having in its resolution 6-155-80 recommended to the City Council that Petition 80-5-1-17 be denied; (2) Petition 80-1-6-1, submitted by the City Planning Commission to amend Section 23 07 of Ordinance #543, the Zoning Ordinance of the City of Livonia, to establish new regulations concerning the effect of protests to proposed amendments, the City Planning Commission having in its resolution 6-160-80 recommended to the City Council that Petition 80-1-6-1 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 changes of zoning as set forth above, first to be published in the official newspaper of the City or a news- paper 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 rail- road 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. *Councilman McCann returned at 9:08 P M. At the direction of the Chair, and at the request of the petitioner, the item on the agenda with respect to setting a Public Hearing on Petition No. 80-5-1-18 of Construction Craftsman Corporation for property located on the 18776 northeast corner of Merriman and Seven Mile Roads in the Southwest 1/4 of Section 2, from RUFA to P S. and R-7, was removed and will be considered at a later meeting of the Council By Councilman Ventura, seconded by Councilman Nash, it was 7735-80 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 31, 1980, and the report and recommendation of the Chief of Police, dated July 9, 1980, in connection therewith, the Council does hereby approve of the request from Donald G Burek, Incorporated, for transfer of ownership of 1979 Class C Licensed Business, with a new Dance Permit, located at 14950 Middlebelt Road, Livonia, Michigan 48151, Wayne County, from Chester Olszewski and Marcella Olszewski; 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: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #736-80 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 213 for the proposed street improvement consisting of a 31' wide full-depth asphalt pavement with concrete curbs and gutters (Alternate II) in the Five-Elm Park Subdivision located in the Northwest 1/4 of Section 24 in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, July 21, 1980 at 8.00 P M at the Civic Center Municipal Building, 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of the street improvement to be constructed in Special Assessment District No. 213; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated May 20, 1980, as revised in a Special Assessment Roll dated July 16, 1980, in the amount of $328,138.35, are fair and equitable and based upon benefits to be derived by construction of improve- ments proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No 213 is hereby approved and confirmed in all respects; 18777 (3) The amount of said roll shall be divided into ten (10) equal L annual installments with interest at the rate of eight (8) percent per annum on the unpaid balance of the assessment from the date of confirmation Said interest shall be payable on each installment due date; provided, however, that after the issuance of bonds to be issued in anticipa- tion of the collection of the unpaid assessments on the said special assessment roll, said rate of interest shall be adjusted to a rate which is not more than one (1) percent above the average rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars ($10 00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1981 and subsequent installments on December 1st of succeeding years; (1+) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519 Any property owner assessed may, within sixty (60) days froDecember 1, 1980 pay the L whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1981 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1980 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; and (6) The City Council hereby determines tc pay fifteen percent (15%) of the paving and drainage costs of the said improve- ment within the said district in the total sum of $131+,032.13 A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bishop NAYS: None 18778 By Councilman Ventura, seconded by Councilman Nash, it was #737-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 16, 1980, which bears the signature of the Finance Director, 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 Thompson McCully Company, 5905 Belleville, Belleville, Michigan, for the street improvement in the Five-Elm Park Subdivision S A.D. paving project in the N W 1/4 of Section 24 with a 31' wide full- depth asphalt pavement with concrete curbs and gutters (Alternate II) for the estimated total cost of $382,102.00 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 a sum not to exceed $382,102 00 from the 7.9 Million Dollar General Obligation Road Improvement Bond Issue, with the provision that said Bond Issue be reimbursed for that portion of the project which is to be financed by special assessments at such time as bonds are available from a future Special Assessment Bond Issue, and the Director of Public Works is hereby authorized to approve minor adjustments 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: McCann, Ventura, Nash, Taylor, Gundersen and Bishop. NAYS: None. By Councilman McCann, seconded by Councilman Nash, and unanimously adopted, it was #738-80 RESOLVED, that having considered a communication from the Chief Inspector, dated July 22, 1980, and having also considered a communication from the Hearing Officer, dated May 8, 1980, with respect to a request to demolish buildings located at 16703 and 16723 Savoie, Livonia, Michigan, the legal descriptions of which are as follows: That part of the N W 1/4 of Section 13, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant S 00 22' W 910 64 ft. and due East 528.41 ft. from the N [J corner. of Section 13, proceeding thence due East 528.41 ft , thence due South 82.50 ft. , thence due West 528 68 ft. , thence North 82 50 ft to the Point of Beginning except the East 30 ft. thereof (Bureau of Taxation Parcel 13B14a) - 16703 Savoie. and That part of the N W 1/4 of Section 13, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant S 0° 22' W 828 14 ft and due 18779 East 528 15 ft. from the N W corner of Section 13; proceeding thence due East 528.15 ft ; thence due South 82.50 ft. ; thence due West 528.41 ft. , thence N 82 50 ft. to the Point of Beginning except the East 30 ft. thereof. (Bureau of Taxation Parcel 13B15a) - 16723 Savoie. and That part of the N W 1/4+ of Section 13, City of Livonia, Wayne County, Michigan, described as beginning at a point distant due East along the North section line 788 0 ft and due south 728.1+ ft. from the NW corner of Section 13 and proceeding thence due South 100 ft thence due East 263 ft thence due North 100 ft. thence due West 263 ft. to the point of beginning except the East 30 ft. thereof. (Bureau of Taxation Parcel 13B17a2a) - garage for property known as 16723 Savoie. and a hearing having been conducted by the Hearing Officer on May 7, 1980 at the conclusion of which, based upon the testimony and evidence presented, it having been the determination of the Hearing Officer that the said structures should be demolished inasmuch as they represent a hazard and danger to the public health, safety and welfare, the Council does hereby determine, in accordance with the provisions set forth in Section 3-128 of the Livonia Code of Ordinances, that a Hearing shall take imr place before the City Council of the City of Livonia on Wednesday, September 3, 1980, at 7:30 P M at the Civic Center Municipal Building, 33000 Civic Center Drive, Livonia, Michigan, FURTHER, the City Clerk is hereby requested to, no less than ten (10) days prior to the aforesaid date of the said Hearing, cause to have a notice in writing of the aforesaid Hearing to be mailed by certified mail, return receipt requested, addressed to the owner or agent thereof, or person in control of such buildings or structures and the mortgagee of record or lienholders of record, and if no such party or parties can be located, then the notice shall be directed to each owner of or party in interest in the buildings or structures in whose name the properties appear on the last local tax assessment records; AND, FURTHER, the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Taylor, seconded by Councilman Nash, it was #739-80 RESOLVED, that having considered a communication from the City Planning Commission, dated July 23, 1980, which transmits its resolution 7-182-80 adopted on July 22, 1980 with regard to Petition 80-6-2-19, submitted by Robert Benson, requesting waiver use approval to locate a restaurant within an existing building located in the Wonderland Shopping Center on the south side of Plymouth Road, west of Middlebelt Road, in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby determine to refer the same to the Committee of the Whole. A roll call vote was taken on the foregoing resolution with the following result: 18780 AYES: McCann, Nash, Taylor, Gundersen and Bishop NAYS: Ventura. The Vice-President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Nash, and unanimously adopted, this 936th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:35 P M. , July 23, 1980. ADDISON W. BAC1i CITY LERK �rr